Civil Marriage Research Articles

Church and State and the Marital Rights of Old Believers in Latvia: From Illegality to Secularization

The paper analyses state religious policy in different historical periods and its impact on the development of religious doctrines about marriage within the Old Believer community of Latvia. Based on published and unpublished historical sources, legislative acts, periodicals, and data from existing Old Believer parishes, it is clear that state policy concerning religious minorities greatly influenced the development of the Old Believer community. Old Believer marriages were not recognized by the Russian Orthodox Church until 1874 when the first possibility of obtaining legal marital status was introduced as registering families in police register books. The Old Believers of Latvia, who originally belonged to the Fedoseevcy denomination and denied any family life as such, registered their families quite rarely. However, during the first decades of the 20th century, the Fedoseevcy of Latvia adopted the teaching and marriage ceremonies of the Pomorians. By the interwar period, Old Believer marriages were legalized by both the community and the state. Soviet secularization further facilitated the development of secular marriage unions with followers of other confessions. In the present day, Old Believer religious marriages are legalized in Latvia, though the number of them has decreased as Old Believers are most likely to choose civil marriage registrations.

„A magyar nemzet Cato-ja”

Dániel Irányi is one of the most important jurists and politicians of Hungary in the era of dualism. From 1848 to 1892 he was a member of the Hungarian National Assembly. The life and work of the statesman is exemplary. Because of his perseverance, he was called the Hungarian Cato. I present his 24-year struggle in the Parliament for the freedom of religion and civil marriage. His continuous efforts gained meaning in 1869 by the submission of a bill on religious freedom, but he received final reassurance only much later, in 1892, when his bill was accepted. I analyse the bill and the related parliamentary debate, and the counterproposals submitted by József Eötvös and Kálmán Tisza. I point out the reasons why the Parliament could not accept any of the proposals in 1869. The purpose of my research is to demonstrate the path that led Hungarian legal thinking to the creation of the marriage law and the law on religious freedom in 1894 and 1895.

DRIVEN BY INSTITUTIONS, SHAPED BY CULTURE: HUMAN CAPITAL AND THE SECULARIZATION OF MARRIAGE IN ITALY

AbstractWe show that in Italy the legalization of divorce unleashed the forces of secularization, making educated persons more likely to contract a civil instead of a religious marriage. This process, ignited by institutional change, is also shaped by culture: higher social capital or weaker family ties make the choice of civil marriage more responsive to education. These results emerge from both aggregate and individual data, and can be rationalized through a model of religiosity, education and marriage choices. In this framework, the option to divorce increases the relative returns to human capital ‐ thereby increasing the prevalence of civil marriage.

One Year of Civil Family Law in the United Arab Emirates: A Preliminary Assessment

Abstract This article provides a preliminary commentary on the new civil family law regime introduced in the emirate of Abu Dhabi in November 2021 which, since February 2023, applies nationwide through the adoption of a federal statute on civil personal status. Abu Dhabi’s Law No. 14 of 2021, its accompanying Procedural Regulations, and the more recent Federal Law No. 41 of 2022 have introduced legal concepts, such as civil marriage, no-fault divorce, and joint custody, as well as potentially adoption, which have previously been non-existent for both the local and the large foreign population in the United Arab Emirates. The new statutes thereby stand in sharp contrast to the family law system to which the local Muslim population is still subject. This article assesses the new provisions against the background of the federal Muslim family law regime, established patterns of family law jurisprudence in the country, and early case law in the newly established Civil Family Court in Abu Dhabi.

Consent and Other Ancillary Matters as Requirements of a Customary Marriage: LNM v MMM (2020/11024) [2021] ZAGPJHC 563 (11 June 2021)

Consent may be seen as a fundamental human right. On the issue of marriage, people should only be married with their consent. A marriage without consent is a forced marriage. Section 3(1)(a)(ii) of the Recognition of Customary Marriages Act 120 of 1998 not only requires consent, but also requires specific consent for a marriage to take place under customary law. The Act is clear that consent to being married under customary law is one of the requirements for validity. If specific consent is lacking, there cannot be a valid customary marriage. This case note focusses on the decision in LNM v MMM where specific consent was one of the issues. It discusses whether consent of the guardian is still a requirement for customary marriages under the Act. It also discusses the required specific consent in detail and then considers the form that specific consent should take, noting that specific consent should not be inferred from the act of negotiating and delivering ilobolo as African people do for a civil marriage. In LNM v MMM the court also held that the handing over of the bride is "not imperative". By this, the court meant that the handing over of the bride was an unnecessary custom. This is not in accordance with the cases referred to in the judgment. This case note will respond to this. Should a customary marriage without specific consent to marry under customary law be annulled?

Problems of the family institution in the youth environment

The problems of the family institution are reflected in the family values transformation. The patterns of family and marriage relations which are traditional for historical Russia come into conflict with modern realities. This transformation affects primarily the youth environment, putting young people in front of a tough choice between socially approved career growth and a quiet feat inconspicuous to the world within family relationships. The all-Russian study “Self-regulation of the Life of Young People in a Changing Social Reality”, conducted in the fall of 2020, revealed problematic aspects of marital relations. The traditional values of the family, which are historically common for Russia, are opposed to a set of modern values characteristic of the liberal model and sometimes inferior to the latter. The course laid down by the founders of communism to eliminate the monogamous family as an economic unit of society gives its late shoots refracting in the individualization of society, leveling the significance of official marriage unions and reducing the number of children in families. The results of the all-Russian sociological survey of young people make it possible to identify the real marital status of young people in Russia and to consider its models. The article analyzes the prevalence of so-called “civil marriages” and the correction of attitudes towards them by official bodies. The author gives the rationale for the growing popularity of the “Japanese model” in marital relations, as well as the reasons that push young people to short-term marriage unions fraught with loneliness. The nature of young people relationship with their parents is considered and different generations of youth are compared. The idea of the respondents about the meaning of the family is investigated and the main motives for marriage are established. The number of children in modern youth families is revealed and trends in various social groups are analyzed. Conclusions are drawn about the instability of the family institution in the modern world and the need to protect it by the state.

Patrick McDonagh. Gay and Lesbian Activism in the Republic of Ireland, 1973–93.

The Republic of Ireland has witnessed vast social reforms in the twenty-first century, including decriminalization of abortion, the extension of civil marriage to same-sex couples, and a reformation of divorce legislation. For perhaps the first time in the history of the Irish State, the country has shed its conservative Catholic image to become a leader in civil rights. Recent histories of modern Ireland have begun to document the root of activist movements that have led to such social reforms, including now Gay and Lesbian Activism in the Republic of Ireland, 1973–93 by Patrick McDonagh. Prior to this publication, historical accounts of gay and lesbian activism in Ireland preceding the decriminalization of male homosexual activity in 1993 were sadly lacking. Yet the records of individuals and organizations were readily available for public consultation. In 2007, Senator David Norris, an Irish civil rights campaigner and a central figure in the decriminalization bill, donated his personal archive to the National Library of Ireland. The following year the National LGBT Federation made the pertinent decision to donate the Irish Queer Archive (Cartlann Aerach na hÉireann), also to the National Library of Ireland. That collection of material is vast, including the records of many central LGBT organizations and the personal papers of gay rights activists in Ireland. McDonagh is perhaps the first historian to fully use these manuscript collections, and the result is a detailed and engaging account of the gay rights movement in Ireland. McDonagh has also incorporated oral interviews to great effect, including interviews taken specifically for this research as well as accessing the records of Edmund Lynch, who has been conducting interviews with Irish LGBT individuals since 2013.

Equal marriage rights and the European Courts

The legalisation of same-sex marriage has taken off globally in the last thirty years, especially in Europe; thirty-three countries around the world, nineteen of which are in Europe, have opened up civil marriage to same-sex couples. The Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) have also had their share of equal marriage rights cases before them to decide upon. This contribution discusses the role the two European courts have played in this field and how their case law has developed, in somewhat parallel stages, throughout the years.

Avoiding Attention? Assessing the Reasons for Register Office Weddings in Victorian England and Wales

The option of getting married in a register office was introduced by the Marriage Act 1836, and over the course of Victoria’s reign over a million couples availed themselves of it. Yet surprisingly little is known about them. This article analyses information about 286 register office weddings celebrated between 1837 and 1901, with examples from 40 counties and 151 different registration districts. It shows that, while those marrying in a register office were drawn from across the social scale and of a median age broadly in line with the national average, brides and grooms from older age groups were overrepresented, reflecting the fact that a higher percentage of marriages in the register office were remarriages for one or both of the parties. Further analysis of their marital histories shows that earlier or subsequent weddings had often taken place in a church, indicating that marriage in a register office cannot be interpreted as evidence of an ideological preference for civil marriage. Some couples chose to marry in a register office because of a desire to keep the wedding private. Others did so because of practical considerations of location, cost, and speed, but these were dependent on the local context and were not static over time. As this indicates, in assessing the reasons for register office weddings, it is important to locate it in the context of an individual’s life history.

An analysis s 5A of the Divorce Act 70 of 1979 and its application to marriages concluded in terms of Islamic law

There has (to date) been no legislation enacted by the South African government that fully recognises marriages concluded in terms of Islamic law (Islamic marriages) as well as the Islamic law consequences that flow from these marriages. Some South African Muslims have opted to conclude marriages in terms of South African law (civil marriages) in addition to their Islamic marriages. This could be referred to as dual marriages. The civil marriages as well as its consequences (not the Islamic law consequences) would then be fully protected in terms of South African law. It is quite interesting to note that s 5A of the Divorce 70 of 1979 authorises a court to refuse the granting of a civil divorce if either of the parties would not be free to remarry subsequent to the granting of the civil divorce. This article analyses how s 5A of the Divorce Act 70 of 1979 applies to dual marriages. It looks at the impact of s 5 A of the Divorce Act on dissolution of dual marriages concluded by Muslims within the South African legal context. The dissolution of Islamic marriages within the South African legal context is looked at by way of introduction. The dissolution of a civil marriage within the context of a dual marriage (couple married in terms of Islamic law and civil law) is then looked at. The article concludes with an overall analysis of the findings and makes recommendations.

Imovinski odnosi između supružnika prema Šerijatskom pravu i uporedna analiza sa pozitivnopravnim propisima R. Srbije

Property relations between spouses belong to specific legal relations precisely because of the great influence of personal and emotional relations between the parties. Sharia law as a different legal system differs greatly from all legal systems in many respects. Precisely for these reasons, it was interesting to investigate how property relations between spouses are regulated in Sharia law, which is based on different principles. The research on this topic is especially important for its comparative analysis with the positive legal regulations of the Republic of Serbia in relation to the institutes valid in Sharia law and their review and comparison. The paper deals with the rights and duties of spouses in Islamic marriage in terms of property, ways of acquiring property in marriage, special property of married women, property regimes in Islamic and civil marriage, alimony, wedding gift (mehr), dowry (goods that a woman receives when marriages by his family) and gifts as ways of acquiring special property in an Islamic marriage.

The limited judicial discretion to redistribute property in marriages out of community of property: Revisiting feminist arguments on intersectionality, women’s work and choice

Section 7(3) of the Divorce Act 70 of 1979 gives courts a discretion to deviate from antenuptial contracts in marriages out of community of property without the accrual system, if it would be just to do so, because one of the spouses contributed to the growth of the other spouse’s estate. This is known as the discretion to make a redistribution order. However, when the provision was enacted, this discretion only applied to civil marriages concluded before 1984. Gradually, however, the discretion was extended to other forms of marriage and to some civil marriages concluded after 1984. This article argues that the failure to extend the redistribution discretion to all marriages impacts disproportionately on women and constitutes impermissible discrimination on the basis of gender. It does so because the seemingly neutral statutory limitation on redistribution orders operates in a social context which is deeply marked by structural gender inequalities. These, in turn, mean that many women tend to be in a weaker bargaining position than men with respect to the terms of antenuptial contracts and whether spouses enter into such contracts at all. Moreover, women’s disproportionate responsibility for childcare and other domestic tasks usually has a negative impact on their ability to generate income and grow their own estates, while often enhancing those of their husbands. The failure of the law to take account of actual inequalities between men and women means that the current position discriminates indirectly on the basis of gender and there is no legitimate government purpose which justifies this discrimination.

Bračno pravo u Kraljevini SHS / Jugoslaviji: stanje zakonodavstva i pokušaj reforme

After the Unification, in Yugoslavia there was legal particularism between six legal areas where pre-war law was applied. In the field of marriage law, the situation was further complicated because there was additional particularism between the religious marriage law of the six confessions. The article summarises the condition of state and religious legislation, with special reference to outdated norms; further on it presents the problems of legal uncertainty and the conflict of laws that arose from such a legal framework. There was a consensus among the professional public that the existing situation was very dysfunctional and that reforms were needed, but there was no agreement on specific solutions. The degree of influence that religious communities should have in the future was hotly debated, and depending on that, three models were proposed: mandatory church marriage, optional civil or church marriage, or mandatory civil marriage. At the end, the paper provides an overview of the official proposal for a moderate reform in the Draft Civil Code, along with an explanation as to why it was never implemented. Special attention is paid to the reception of foreign law and the adequacy of transplanted norms within the domestic legal system.

A 17. századi protestáns természetjogászok családképe

The history of the development of the matrimonial law is a particularly useful tool for researching and comparing the biblical and Roman law roots of European legal culture. In Western Christianity, the (essential elements of) canonical marriage law had been unified by the second decade of the 13th century. However, the Protestant movements that developed in the first half of the 16th century and their denominational marriage law system led to further fragmentation, which has essentially continued to the present day, notwithstanding the fact that the rise of civil marriage and the secularisation of the law of dissolution in the 19th and 20th centuries meant that denominational marriage law no longer had any civil legal force. The most appropriate method for a historical comparison of Protestant ecclesiastical marriage law is to first consider the doctrines of the founders of the dominant movements on the institution of marriage, focusing on the differences that constituted a breaking point in relation to medieval canon law on marriage. In the Protestant regions of Europe, hundreds of secular (state, provincial and municipal) laws on the marriage law had already been enacted by the 16th century, and their common feature, in addition to the theological background mentioned above, was that they drew on biblical and Roman legal roots, while retaining elements of traditional customary law. In this overview, I will first introduce the Protestant understanding of the virtues of marriage through the example of Martin Luther and Jean Calvin, and then examine how the generation of natural law scholars who followed them, notably Hugo Grotius and John Selden, thought about the marriage bond on this basis.

Everyday life of the population of a large city in a normative dimension: Practices of bypassing urban institutionalized norms and rules

The article raises the problem of the embeddedness of institutionalized norms and rules in the everyday life of the urban population. Norms and rules are considered as normative dimensions of a multidimensional urban social space. The normative framework of various spheres of everyday life of the population — family, housing, labor, consumption and leisure — is considered. The ratio of acceptance/non-acceptance of norms, on the one hand, and following them/bypassing them, on the other, is considered from the point of view of a situationist approach. Estimates of the spread of such forms of routine bypassing of institutionalized norms as civil marriages, residence outside the place of registration and informal employment are given.

A gyermekkeresztség megengedettségi feltételei: a szülők erkölcsi életének kérdése

The present paper discusses the conditions for liceity of infant baptism in the case of parents whose moral life has deviated from the moral norms of the Church. We examine the situation of parents living together, divorced and (re)married only in a civil marriage and some other „irregular” difficult cases, such as people living in non-heterosexual partnerships and/or those from the LGBT community. This article focuses primarily on updating the Church’s legislation in this regard, analysing and evaluating it in the light of the difficult situations of the families today. In doing so, I endeavour to interpret the requirements for the liceity contained in the §1 of can. 868 of the 1983 Code of Canon Law (CIC/1983) in such a way that they can be applied to the irregular situations of families in today’s society. At the end of the study, I conclude with a recommendation: with a differentiated baptismal practice the priests could adequately distinguish between situations, evaluating each case individually.

Love in the Time of Coronavirus: Innovation and Tradition in the World of Quarantine Weddings

International sociological research based on demographic data has shown that the COVID-19 pandemic significantly shaped the way of getting married. According to this research, varying from minimal to dramatic, there was a decrease in marriage rates worldwide. The marriage rate in Hungary showed a different picture. The number of weddings increased by 3%. It can also be seen that the number of marriages per month during the pandemic tended to decrease in periods of severe restrictions and lockdowns and to increase in periods of temporary loosening. While the period of restrictions was characterized by civil ceremonies and micro-weddings, the period of loosening the restrictions saw a mixture of large and tiny weddings, with or without civil marriages. So, people did not postpone or proceed with their weddings but tried to stick to their original plans despite, or rather besides, the changed circumstances; or, abandoning certain expectations and inventing new ones, they rescheduled their wedding. Based on my digital anthropological research, this paper raises questions: why did some people get married during the lockdown periods, or why did others postpone their weddings until after the restrictions were loosened? In the following, I aim to explore the modified wedding practices adapted to newer circumstances and analyze the ways of selecting and constituting the wedding “tradition” (“bricolage of traditions”).

Constitutional regulation of civil marriage in Israel

The purpose of this paper is to review the history of the constitutional regulation of marriage and divorce in British mandate Palestine and the state of Israel from 1918 on. Israel was subject to British rule (mostly under a mandate of the League of Nations) from 1918 to 1948, and was called Palestine at the time. In 1948 some of this territory claimed its sovereignty as an independent state called Israel. The paper will highlight the different constitutional norms and procedures that govern the field of family law in British mandate Palestine and the state of Israel from the beginning of the British mandate to this day.
 The paper is based upon historic scrutiny of the legislation of British Palestine and the state of Israel in the field of family law, analyzing the law in accordance with the historic developments in the region. The results of this scrutiny are that from 1948 to the third decade of the 21st century, the Israeli legislator has repeatedly acted to prevent the constitutional regulation of civil marriage, preserving the archaic millet system, an Ottoman system of marriage within religious communities, that was the basis of the British mandate’s regulation of marriage and divorce in Palestine. But as much as the original millet arrangement was enacted by the British as a voluntary system, it was given new and compulsory features by the Israeli legislator, all the while avoiding a comprehensive constitutional regulation of Israeli family law.
 The paper concludes that a constitutional regulation of civil marriage is probably not possible in Israel, due to the political inability to reach an agreement between religious and secular Jews in Israel. But this did not prevent the Israeli legislature from fundamentally changing the British mandate constitutional arrangement, leaving behind a patchwork of improvised legislation that violates the basic civil rights of Israeli citizens.

A Study on Traditional Marriage of Kashmir and Attitude of Kashmiri Youth Towards Marriage, Family life and Healthy Living

Marriage (nikāḥ) in Islamic law (sharia), is a legal and social contract between two individuals. It is an act of Islam and is strongly recommended. In Islam Polygyny is permitted under some conditions, but polyandry is forbidden. Economic growth and mass media revolution brought a drastic change in Kashmiri society especially in the field of marriage and family life. Economic prosperity enables people to consume more goods and services and enjoy better standards of living. The traditional marriage system in modern times is disappearing slowly. In traditional marriage system, one requires the families of the future bride and groom to engage in ritual visits and exchange gifts. In general there are two types: civil marriage and religious marriage, and typically marriages employ a combination of both (religious marriages must often be licensed and recognized by the state, and conversely civil marriages, while not sanctioned under religious law, are nevertheless respected). In Kashmir, marriage are performed in various ways and under various religions such as Muslim, Hindu, Sikhs, Christians, etc. In modern times every family member is considered important and is supposed to play his/her role In this context the present research carried out in Kashmir is designed to study the traditional marriage in Kashmir and approach of Kashmiri youth towards marriage as well as family life. Four hundred unmarried educated youth belonged to the age group of 20- 25 years studying in different academic institutions of Kashmir were selected randomly for the present study. The data was collected by questionnaire cum interview method and the results of the study revealed that majority of the respondents agreed with the statement marriage is essential for human life. Majority of the respondents opined that 20-25 year is the suitable age of marriage. In majority, arranged marriage was preferred by (57.5% male and 63.5% female) respondents, a good percentage of respondents (65.5% male and 57.5% female) were against dowry system and a little percentage of respondents believe that dowry helps in getting good match. Majority of respondents (53.5% male and 41.5% female) gave more importance to career than marriage which results in thousands of youth without marriage above the age of 45 years. The study further revealed that majority of the respondents showed positive approach towards family life, wanted to work more after marriage and majority of respondents had confidence that they could make balance between work and family life after marriage. Majority of the respondents during survey told that adjusting, sacrificing, loving and tolerance are the best qualities to lead a good family life. Finally, balanced diet to manage happy married healthy life and solutions to issue related marital life in traditional as well as in scientific system were discussed. It was suggested that for happy healthy married life one should live a pious life, stop stressing over life, follow health advisory, avoid fast foods, unnecessary fatty diet, deep fried foods. spicy, salty and Junk food.

Forfeiture of Patrimonial Benefits and the Dissolution of Marriage through Death: Monyepao v Ledwaba (1368/18) [2020] ZASCA 54 (27 May 2020)

Section 9 of the Divorce Act 70 of 1979 provides for the forfeiture of patrimonial benefits when a decree of divorce is granted on the ground of the irretrievable breakdown of a marriage. This case note discusses the possibility of an order for forfeiture of patrimonial benefits when a marriage dissolves after death under certain circumstances. It follows on the Supreme Court of Appeal decision in Monyepao v Ledwaba (1368/18) [2020] ZASCA 54 (27 May 2020). The respondent, the estranged first surviving spouse, and the deceased were married in terms of customary law in 2007. In 2008 the deceased left the matrimonial home. In 2009 the respondent entered into a civil marriage with another person. In 2010 the deceased also entered into a customary marriage with the appellant, the second surviving spouse. In 2012 the deceased died. Following his death, both the appellant and the respondent, as surviving spouses, were appointed co-executors of the deceased estate. The appellant sought an order directing the Master to withdraw the appointment as co-executor of the first surviving spouse on the ground that she had renounced her earlier customary marriage to the deceased when she entered into a civil marriage with another person. Alternatively, she sought an order in terms of section 9 of the Divorce Act that the first surviving spouse forfeit patrimonial benefits in favour of the deceased estate. The High Court, Polokwane granted the order. However, on appeal the full bench, Polokwane overturned the decision of the court a quo. The appellant took the decision of the full bench on appeal to the SCA. The SCA dismissed her appeal and upheld the decision of the full bench on the ground that a forfeiture order can be made only during divorce proceedings and it may be brought only by a party to the marriage and not by a third party. This note turns on this aspect of the decision. It will be argued that a forfeiture order should be available when a marriage is dissolved through death. It will also argue that a second spouse is a party to a customary marriageSection 9 of the Divorce Act 70 of 1979 provides for the forfeiture of patrimonial benefits when a decree of divorce is granted on the ground of the irretrievable breakdown of a marriage. This case note discusses the possibility of an order for forfeiture of patrimonial benefits when a marriage dissolves after death under certain circumstances. It follows on the Supreme Court of Appeal decision in Monyepao v Ledwaba (1368/18) [2020] ZASCA 54 (27 May 2020). The respondent, the estranged first surviving spouse, and the deceased were married in terms of customary law in 2007. In 2008 the deceased left the matrimonial home. In 2009 the respondent entered into a civil marriage with another person. In 2010 the deceased also entered into a customary marriage with the appellant, the second surviving spouse. In 2012 the deceased died. Following his death, both the appellant and the respondent, as surviving spouses, were appointed co-executors of the deceased estate. The appellant sought an order directing the Master to withdraw the appointment as co-executor of the first surviving spouse on the ground that she had renounced her earlier customary marriage to the deceased when she entered into a civil marriage with another person. Alternatively, she sought an order in terms of section 9 of the Divorce Act that the first surviving spouse forfeit patrimonial benefits in favour of the deceased estate. The High Court, Polokwane granted the order. However, on appeal the full bench, Polokwane overturned the decision of the court a quo.