Actual Marriage Research Articles

Politics of Secularisation, Religious Conversion, and “Saving” the (Hindu) Daughter under Hindutva: Re-reading the Hadiya Court Case

This article charts the different modalities of political transgression that marked an act of religious conversion and inter-faith marriage performed by a Muslim female subject in contemporary India, and the subsequent misreading of this transgression; a misreading made possible by liberal political thought’s delineations of the conceptual category of “interest”. Existing legal, political, academic, and popular discourses have read the prominent 2016 event of the conversion of a Hindu woman named Akhila into Islam, as either the “false consciousness” of a “vulnerable” individual whose self-interests were unintelligible to herself, or, as an unambiguous case of a “mature” woman in a “modernising” Kerala “choosing” to opt for an inter-faith marriage and to convert; a liberal idiom of choice that thereby needs to be safeguarded via Constitutional provisions. The article, even while acknowledging the political need to adhere to the latter reading/constitution of the female (Islamic) subject’s sovereign desire to convert, shows some of the limitations of both these ideologically antithetical positions. It argues that the desire of Hadiya (Akhila’s new name after converting to Islam) to convert remains unreadable by both the right-wing Indian judiciary, backed up by Hindutva forces, as well as the “left-liberal” feminist intelligentsia that sought to support her autonomy. In fact, both these ideologically opposed stances often legitimised each other. By examining the legal debates that took place in the Indian courts, the article shows how construing Hadiya’s act of conversion solely through the legal-juridical prisms of “religious freedom” and “choice”, pegged to the concept of self-interest, is vigorously insufficient.

Glosa do wyroku Naczelnego Sądu Administracyjnego z 17 maja 2023 r., sygn. akt II OSK 1461/20

The subject of the commented judgment of the Supreme Administrative Court (II OSK 1461/20) is the issue of determining the admissibility of transposing the British act of same sex marriage under Polish law. A judgment permitting such a substantive and technical act would lead to the preparation of a marriage certificate containing personal data of persons of the same sex. Currently, administrative court share the position on the refusal under Polish law to transcribe the act of marriage concluded abroad by of the same sex. However, the NSA presents a position that may evolve. For this reason, arguments have been presented to consistently distinguish marriage between a man and women a same-sex relationship.

The expatriation act of 1907, marital assimilation, and citizenship-based intermarriage in the U.S.

ABSTRACT As both a marriage act and an immigration act, the Expatriation Act of 1907 restricted U.S. women’s freedom of marriage by stating that marrying aliens would lead to loss of U.S. citizenship. To study the effects of the Expatriation Act, I conduct a statistical analysis using 1910 full-count U.S. census data. I find that the Expatriation Act of 1907 generated significantly negative effects on intermarriage between American women and foreign-born men, particularly noncitizens. In particular, I find that it was the citizenship, rather than men’s non-U.S. origin, that accounted for the negative effects of the Expatriation Act of 1907 on intermarriage. These results show a decline in male immigrants’ marital assimilation, and potentially social and economic assimilation. As for the magnitude, the effects were large: the decline in intermarriage was at least 15 percent relative to the pre-Act intermarriage rate. Besides these main results, selective emigration to Canada and Europe driven by intermarriage cannot explain the main empirical results of the paper. The Expatriation Act of 1907 also had no significant effects on women’s entry into the marriage market. Finally, the effects of the Expatriation Act of 1907 on intermarriage were heterogeneous by family immigration background, but less so by geographic region.

Krivično delo prinudnog zaključenja braka u međunarodnom krivičnom pravu

During armed conflicts in some countries, it became a common practice for fighters to force women to serve as wives. Although there is usually no official conclusion of marriage, in this way a relationship is created that is in many ways similar to a conjugal relationship. In a forced marriage, "wives" were expected to maintain regular sexual relations with their "husbands", but also to perform housework, get pregnant, take care of born children and their "husbands". Having this practice in mind, the Prosecutor before the Special Court for Sierra Leone determined this behavior as forced marriage and qualified it as other inhuman acts within the framework of crimes against humanity. This opened the door for a lot of legal problems related to the "new" crime. Namely, the question arose as to what the criminal act of forced marriage entails, i.e. what is the actus reus of this criminal act. Then, what is the difference between forced marriage and some other acts of crimes against humanity that are similar to it, such as, for example, sexual slavery. And finally, is forced marriage an act that is similar in its character to other acts of crime against humanity, so that it could be classified as other inhumane acts. The paper analyzes the etiological-phenomenological dimension of forced marriages in Cambodia, Sierra Leone and Uganda. After that, decisions of Extraordinary Chambers in the Courts of Cambodia, Special Court for Sierra Leone and permanent International Criminal Court are analyzed regarding all disputed issues related to forced marriage: the status of this act in international criminal law, the relationship with other similar international criminal offenses and the concept of forced marriage. Finally, proposals de lege ferenda are presented regarding the definition of forced marriage and its explicit prescription in international criminal law.

Islamic Perspective on Criminalization of Forced Marriage In Indonesia

Forced marriage is a human rights violation that is widely practiced in various parts of the world, including Indonesia. This article aims to examine the Islamic perspective on the crime of forced marriage as regulated in Law Number 12 of 2022 concerning the Criminal Offense of Sexual Violence. This research is qualitative normative legal research analyzing laws and regulations in Indonesia and Islamic legal sources. The result of the study shows that Islam prohibits any form of forced marriage. Marriage must be based on the willingness and agreement of both parties. Perpetrators of forced marriage could be criminalized or sentenced to criminal sanction (takzir). Thus, Islam affirms the regulation of the criminal act of forced marriage as stated in Article Article 4 Paragraph (1) Letter e and Article 10 of Law of the Republic of Indonesia Number 12 of 2022 concerning Criminal Acts of Sexual Violence. By criminalizing forced marriages, Islamic principles reject all forms of destruction and defend the values of justice, equality, and beneficialness.

Limitations on the Age of Marriage and Its Legal Implications Perspective of Legal Expediency

The purpose of this study is to investigate the urgent reasons for changing the age limit for marriage law and to analyze the legal implications that emerged from the marriageable age limit in case of legal benefits. This research type uses normative juridical research. the source of data in this study is by examining primary data and enforcement of rules in practice. and how the form of legal safeguard is related to the problem to be studied. The outcomes of this study indicate that the revision of the marriage law has not fully succeeded in preventing the act of underage marriage. because although the law has been revised, the act of underage marriage continues due to a gap in the law itself with the dispensation of marriage. If this phenomenon is related to the theory developed by Jeremi Bentham, one could say that one of the law’s three goals, namely legal expediency, has not been achieved by the change of the marriage age limit.

Трансформация социальной роли женщины, семьи и брака в многонациональной России 1920-х годов

The paper is devoted to the evolution of the role of a woman in society, family and marriage institutions in Russia after the revolutionary events of 1917. In the 1920s, the development of matrimonial relations had a liberal orientation and was held under the conditional motto “less state”. The issues of legitimization of an actual (civil) marriage, which had the same status as a marriage registered in the state bodies in the RSFSR of 1927-1944, are considered. The social status of rural women and the matrimonial behavior of the peasant population are analyzed. It is emphasized that rural women were less influenced by revolutionary ideas about free forms of relations between men and women and the new sexual morality. The village with its institutions of social (public) control preserved the traditional way of life of rural residents and entrenched reproduction types of population in the 1920s, in conditions of mitigation of exogenous factors.

Higher education, internet usage, and Chinese female’s identification with patriarchal perspective: An empirical analysis considering moderating effect

Based on data from a sample of 377 females in the 2018 Chinese General Social Survey, this study constructs a logit model considering moderating effect to estimate the effect of receiving higher education on the patriarchal perspective held by Chinese females, and examines the moderating effect of internet usage on the relationship between receiving higher education and the patriarchal perspective. As a result of the study, the authors came to the following conclusions. Firstly, receiving higher education will have a direct and significant improvement effect on the patriarchal perspective held by Chinese females, reducing their identification with the patriarchal perspective, especially for Chinese rural females. Secondly, internet usage will not directly have a significant effect on the patriarchal perspective held by Chinese females, but it will indirectly have a significant moderating effect on the patriarchal perspective held by Chinese rural females by receiving higher education. The more frequently Chinese rural females use the Internet, the weaker the effect of receiving higher education on their patriarchal perspective. Ultimately, when Chinese rural females use the Internet very frequently, receiving higher education will make them identify with the patriarchal perspective. Thirdly, the act of marriage will significantly strengthen the identification with the patriarchal perspective for both Chinese urban and rural females. However, engaging in household investment activities will significantly reduce the patriarchal perspective of Chinese urban females, while Chinese rural females will only gradually identify more with the patriarchal perspective as they grow older.

Parents’ influence on children’s marital decision case study: China

Problem of a low marriage rate is aggravating nowadays in China. It reached a lowest marriage rate of 5.8‰ in 2021. From previous studies, it has been found that the low marriage rate is caused by the factors including economic level, social liberalization, education level, and so on. However, family, as an important factor on this issue especially in a society like China that abides by Confucius’ filial piety very much, was seldom mentioned. In this paper, a study on how parents’ external conditions affect their children’s attitude toward a marriage relationship and how parents’ own attitudes toward a marriage relationship affect their children’s marriage choices indirectly is carried out based on the dataset of China Family Panel Survey (CFPS) in 2018 and the multiple linear regression and logistic regression models are employed for the purpose. The influences of parents’ marital status, parents’ education level and parent’s financial support on children’s expected marriage age and actual marriage status are investigated. It is hoped that the findings in this study could provide valuable reference for a better understanding of young generation’s attitude toward marriage from a different aspect.

Family Values under the Auspices of Law: The New in Tradition and Tradition in the New

The paper analyzes prerequisites for the formation, content, types, methods of ensuring and protecting traditional family values that have been consolidated at the constitutional level with their subsequent implementation in the principles of family legislation, as well as in its key institutions and structures, namely: marriage, family, parenthood, childhood. Within each of them, the author determines gaps, unsettled relations, as well as decisions that do not meet the meaning of the latest constitutional amendments. The paper provides an assessment of typical and atypical doctrinal approaches to the diversity of significant family values, in particular the idea of auxiliary (peripheral) elements, including elements that are located in the «gray zone». Particular attention is paid to the compliance of the normative-legal structure of marriage and the family union related to it (actual marriage), parenthood, and the status of the child. The latter, taking into account the constitutional provision on the need to educate children in respect for elders, explicitly requires the addition of its content with elements of their duty (duties) under family law. It is suggested that there is a need to return to the idea of judicial specialization in family cases based on the actualization of attention to family problems, the state’s attitude to system protection and protection of its interests. The paper examines the problems of implementing the principle of family autonomy, protecting its sovereignty from arbitrary interference, ensuring the possibility of self-regulation, and emphasizes the need to maintain harmony between the independence of the family union and public control (prevention of deviant family development and response to factors and actions that destroy it).

A TALE OF TWO LAWS: SPECIAL MARRIAGE ACT AND ANTI CONVERSION LAW IN INDIA

A TALE OF TWO LAWS: SPECIAL MARRIAGE ACT AND ANTI CONVERSION LAW IN INDIA

Deviasi Adat Melaik (Merarik) Suku Sasak Sebagai Norma Adat di Desa Penujak Dalam Persfektif Komunikasi

This study focuses on the traditional merarik/melaik culture that is universally applicable in the Sasak tribe and is still being carried out, but it is still a matter of different perceptions. This study uses a qualitative method with techniques for obtaining data through interviews, observation and documentation. From the research that has been carried out, it is found that the traditional culture of merarik/melaik (escape) in the marriage customs of the Sasak tribe is not the actual Sasak custom but the actual marriage custom is belakok (promising). This is not the traditional marriage culture of the Sasak tribe of Lombok, but its appearance was initiated as a form of protest against the differences in social and economic strata. , Messages that need to be conveyed and Communicate (recipients of messages).

سلطان باہوؒ کی پنجابی شاعری پر حدیث نبوی کا اثر

The study is conducted with a view to analyze the social problems of the Sikh community in Khyber Pakhtunkhwa, Pakistan in light of the Islamic Sharia. Khyber Pakhtunkhwa was reservation for various religions from ancient times and Sikh creed is one of them. Guru Nanak is its founder and its successor Ranjit Singh has ruled this province for some time i-e (1834-1849) but later on unable to maintain its kingdom and supremacy. The author has collected the major social problems from the social, political, business men and other influential people of various districts through face to face interviews and other print and electronic media. The study find these major problems: registration of marriage act, building of shamshanghaat, educational curriculum and minority seats in educational institutions, census problems, free celebration of cultural and religious festivals, pending of social and religious cases in courts and teasing of the children in schools by saying kafir kafir etc. The study concluded that, the Islamic Sharia allows them full social freedom under certain conditions and keeping in view the sentiments of the Muslims which is an important part of the Islamic history.

خیبرپختونخوا میں سکھوں کے معاشرتی مسائل کا شرعی جائزہ اور ان کا حل

The study is conducted with a view to analyze the social problems of the Sikh community in Khyber Pakhtunkhwa, Pakistan in light of the Islamic Sharia. Khyber Pakhtunkhwa was reservation for various religions from ancient times and Sikh creed is one of them. Guru Nanak is its founder and its successor Ranjit Singh has ruled this province for some time i-e (1834-1849) but later on unable to maintain its kingdom and supremacy. The author has collected the major social problems from the social, political, business men and other influential people of various districts through face to face interviews and other print and electronic media. The study find these major problems: registration of marriage act, building of shamshanghaat, educational curriculum and minority seats in educational institutions, census problems, free celebration of cultural and religious festivals, pending of social and religious cases in courts and teasing of the children in schools by saying kafir kafir etc. The study concluded that, the Islamic Sharia allows them full social freedom under certain conditions and keeping in view the sentiments of the Muslims which is an important part of the Islamic history.

Legal Policy of Child Marriage In the Covid-19 Pandemic Period

The increase in marriage dispensation applications that occurred during the Covid-19 pandemic also caused the high number of child marriage. Nevertheless, this has been strictly required in Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage (Marital Law), the minimum age limit for men and women is 19 years, and requirements of irregularities for this age that must meet urgent criteria and sufficient support evidence. This is done, to reduce underage child marriages as a form of enforcing the principle of children's best interests. This paper describes the complexity of underage children's marriage during the Covid-19 pandemic period, as a convenience requirement of marriage dispensation has been set rigid in the Marriage act. The method used in this paper is normative by using several approaches: the statute approach, conceptual approach, and case approach. The results of the government's policy during the Covid-19 pandemic period which brought massive changes to the community's order had an impact on the collapse of the family economy. This resulted in the mass number of the child's marriages in the pandemic period. The research findings of this study deliver to children's rights violations through child marriages. The risk of decreasing individual economies, maternal and infant health, and household violence become unavoidable considering the psychological conditions of children who are immature in marriage.

La primauté du genre masculin en chinois : étude de deux verbes dénotant l’acte du mariage

The Chinese language does not have gender inflections in its grammar. The linguistic arrangement of gender in Chinese differs from languages classified as “gendered” such as French; it is mainly organized at the level of the lexicon in which the male gender largely dominates the female. The linguistic materiality of gender is also manifested at the syntactic level, notably regarding the verbs with specific predicative structures, such as the two verbs denoting the act of marriage analysed in this article. The central idea in this study is that these verbs with strong connotations of gender have both lexical and syntactic characteristics that are based on and which are explained by traditional Confucian conceptions, more precisely on the inferiority of women in society compared to men and the restrictions on their life sphere within the family circle.Keywords: gender, Chinese, verbs, act of marriage.

To the question of the peculiarities of the protection of the rights of persons who are in a de facto marital relationship in judicial practice

In the scientific article the author conducted a scientific study of the features of protection of property and per-sonal rights of persons who are in actual marital relations in the judicial practice of Ukraine. Based on the above research, the author notes that most often the appeal to the court to establish the legal fact of living in the same fam-ily of a woman and a man without marriage, is to inherit one of the de facto spouses or to establish joint ownership of jointly acquired property. . In general, the jurisprudence to establish the legal fact of living with one family of a woman and a man without marriage is ambiguous. This ambiguity concerns primarily the following issues:1) terminology used to denote the actual marital relationship (they are in judicial practice called «actual marital relationship», «actual marriage», «actual relationship», «living with one family of a man and a woman without marriage», «staying in actual marital relations and living with one family ”,“ actual marital relations ”,“ living with one family in actual marital relations ”,“ living with one family ”, etc.);2) a list of circumstances that clearly indicate the existence of a de facto marital relationship. In particular, some courts include the registration of both de facto spouses in the apartment (however, as evidenced by the Supreme Court ruling of 10 October 2019 in case 48 748/897/18 residence of a man and a woman at the same address, which is related to the division of property after divorce and the absence of another place of residence, does not indicate a family relationship between them), joint presence on holidays and transfer of funds (however, this is denied by the Supreme Court ruling of 15 August 2019 in case № 588/350/15), the fact of periodic joint recreation (which is denied by the decision of the Supreme Court of February 27, 2019 in case № 522/25049/16-ts).

Normative models and trends in the development of intra-family relations in modern conditions

The article notes that each culture has its own «normative» model of the family, characterized by its defining parameters. These parameters reflect different indicators – descriptors – as attributes that determine the corresponding value and behavior in society. The types of family relationships identified by humanitarian science are revealed. It is proved that in a retrospective of the historical development of mankind, the relationships not only of the family and society, but also of the family and the individual changed, which depended on many factors. The article analyzes the negative trends of marriage and family relations, it is noted that along with the form of actual (civil) marriage, there is a tendency to the appearance of a large number of other forms of marriage unions: guest, concubinate, open marriage, business marriage, fictitious, creative union, polygyny, group marriage, same-sex cohabitation, virtual marriage (web-marriage), etc. This trend leads to a change in the content of the phenomenon of marriage, the adoption of actual marriage as a social norm. It is noted that today the semantic attitudes of a person are deformed and the concepts of the purpose and values of life are distorted, there is a noticeable turn of mass consciousness from the collectivist values of the family to the individual values of the person, which to a certain extent disorganizes both family life and social relations. It is noted that according to the results of the study, the authors of this article developed an educational module "Modern Family" for students of a different professional fields.

Development of Legal Regulation of Actual Marriage Relations under Family Law Operated in Ukraine in the X–XXI centuries

The scientific article investigates the historical aspects of the development of legislation that operated on the Ukrainian lands regarding the legal regulation of actual marital relations. In particular, the author determined that in Ukraine the legal regulation of actual marital relations took place already during the existence of the Greek cities-states of the Northern Black Sea region according to the norms of Roman law (institute of concubinage). From the 9th to the 20th centuries Ukrainian lands were part of different states, i.e. Kievan Rus, Russian principalities, Kingdom of Rus, Grand Duchy of Lithuania, Kingdom of Poland, Polish-Lithuanian Commonwealth, Ukrainian Hetman state, Tsardom of Russia, Russian and Austro-Hungarian empires. Before 1917 attitude of the state in the issue of legal regulation of actual marriage relations and the legal consequences of actual marriage did not change significantly; such relations did not generate legal consequences of marriage. Legislation recognized exclusively church marriage as the sole basis for the emergence of the rights and obligations of spouses, parents and children. Only at the end of the 18th century the rights and obligations of children born in marriage and out of wedlock were partially equal as for the right to upbringing and support. Due to the changes in family law in 1917–1926 there was a replacement of church marriage into the marriage registered by the civil registration authorities as the sole basis for the emergence of the rights and obligations of the spouses. This replacement led to the partial recognition of actual marital relations (in part rights and obligations of the spouses) and the final separation of the legal status of parents and children from the presence of a registered marriage between the parents of the child (except for a short period from 1944 to 1969). Adoption of the current Family Code of Ukraine has led to the recognition of a number of legal consequences in the property and personal non-property sphere by virtue of actual marital relations, in particular as to the commonality of the property acquired in these relations, the possibility to regulate the legal regime of the property by contract, as well as the alimony and adoption rights.

Lord Hardwicke’s Marriage Act – „pierwsza” angielska ustawa o małżeństwie

Przedmiotem artykułu jest w pierwszej kolejności historycznoprawna analiza zjawiska małżeństw potajemnych w nowożytnej Anglii, gdzie instytucja małżeństwa nadal w części podlegała prawu i jurysdykcji kanonicznej. Następnie analiza ta dotyczy uchwalonej przez Parlament w 1753 r. ustawy o lepszym zapobieganiu małżeństwom potajemnym (An act for the better preventing of clandestine marriages). Ustawa ta, uchwalona z inicjatywy ówczesnego Kanclerza Lorda Hardwicke’a (stąd potoczna nazwa Lord Hardwicke’s Marriage Act), miała na celu eliminację z praktyki społecznej małżeństw potajemnych, poprzez wprowadzenie urzędowej formy zawarcia małżeństwa pod rygorem nieważności (przeszkoda zrywająca). Kluczowymi ogniwami nowej regulacji był obowiązek zawarcia ślubu w kościele parafialnym oraz uprzednie uzyskanie przez małoletnich zgody rodziców lub opiekunów na małżeństwo. Rozwiązania przyjęte w Hardwicke’s Act oraz sam fakt ich wprowadzenia ustawą Parlamentu zapoczątkowały proces przejmowania jurysdykcji małżeńskiej Kościoła Anglii przez państwo. Zjawisko to już ówcześnie było przedmiotem debaty, a obecnie pozostaje istotnym elementem badań nad ustawą. Wnioski z przedstawionej analizy potwierdzają szczególne znaczenie Hardwicke’s Act dla dalszej ewolucji instytucji małżeństwa w Anglii, co uzasadnia przyznanie jej miana „pierwszej” angielskiej ustawy o małżeństwie.