Concept Of Marriage Research Articles

Rights of Women Married Under the Act - A Case Study of Legal Divorce

The rights of women in divorce cases, particularly those married under the Act, have been a long-standing concern. Despite the existence of laws governing marriage and divorce, women often face challenges in asserting their rights during the divorce process. This study aims to assess the general concept of marriage and marriage under the Act, examine divorce and its effects, and evaluate the consequences of divorce on women's rights. The study seeks to identify the position of the law on divorce and women's rights in the process and at the end of the process. A mixed-methods research design was employed, combining qualitative and quantitative approaches. The study analyzed laws and statutes on marriage and divorce, reviewed cases adjudicated by courts of competent jurisdiction, and conducted interviews with divorcees, legal practitioners, and other stakeholders. The study found that women's rights in divorce cases are often compromised due to ignorance of the laws and lack of advocacy on their behalf. The Domestic Relations Law of Liberia, the Matrimonial Causes Act of Nigeria, and the Supreme Court of Liberia's opinions on divorce cases were found to be crucial in upholding women's rights in divorce cases. The study concludes that women's rights in divorce cases are often neglected, but the law provides avenues for redress. The study recommends increased awareness and education on women's rights relative to divorce, as well as the need for advocacy on behalf of women in divorce cases. The study's findings have implications for policymakers, legal practitioners, and women's rights advocates.

The Influence of The Concept of Gender Equality on The Concept of Marriage Among Contemporary Young People in China

The Influence of The Concept of Gender Equality on The Concept of Marriage Among Contemporary Young People in China

A Case for Statutorily Recognition of Irretrievable Breakdown of Marriage

Since antiquity, the concept of union in Hindu marriage has always been considered sacred and indissoluble. The Shastri-religious understanding of Hindu marriage is that heavenly-made unions are merely united and tied into a knot on this earth. Hence, once the union is formed, and the ceremonies and rites concluded, there is no scope for a couple to seek “divorce”. The traditional concept of Hindu marriage, although altered by India's post-colonial enactment of the Hindu Marriage Act in 1955 (“the Act”), aimed to reflect the country's identity as a liberal constitutional democracy by providing for certain grounds for seeking divorce, including mutual consent. However, the state's broader policy reflected in the overall objective scheme of the Act remained incongruent with the Shastri-religious understanding of Hindu marriage. Thus, divorce was only the last remedy, and was granted by the courts only after the aggrieved couples fulfilled due procedural requirements as per the mandate of the Act. Hence, it is against this backdrop that the recent constitutional bench judgment in <i>Shilpa Sailesh v. Varun Sreenivasan (2023)</i> of the apex court regarding the waiver of the procedural requirements under section 13-B of the Act by the court using its constitutional powers of ‘complete justice” under Article 142 of the Indian Consitution, is limited only to certain exceptional circumstances. This paper argues for recognising the Irretrievable Breakdown of Marriage (“IRB”) as a legal ground in the Hindu Marriage Act of 1955 (“the Act”). It traces the evolution of Hindu marriage and discusses why Fault, Frustration, and Consent theories are inadequate, advocating for IRB to accommodate diverse situations. It analyses the Act's scheme, shows the presence of breakdown theory, and examines legal developments regarding IRB as a divorce ground, noting some limitations. It addresses objections from women's groups and calls for social reforms ensuring women's financial independence and reducing divorce stigma.

Exploring Culture through Vietnamese Legends

This article addresses the role of legends in preserving the cultural and historical values of the Vietnamese people. By methods of classification, theoretical systematization, and comparison, the study demonstrates that Vietnamese legends are not only mystical stories but also deeply reflect the history, customs, beliefs, and community spirit. Vietnamese culture is depicted through legends, such as the culture of gratitude to ancestors, beliefs, festivals, customs, marriage concepts, and family culture. The maintenance and transmission of legends to younger generations are essential for protecting cultural heritage and supporting the sustainable development of national culture.

PENERAPAN LAFAZ HAQIQAH DAN MAJAZ TERHADAP MAKNA PERKAWINAN DALAM ISLAM

In the hierarchy, Haqiqah has a higher position than Majaz, because Haqiqah is the principal while Majaz is the branch. Therefore, Majaz cannot be used as a basis for determining a law unless there is difficulty in using the Haqiqah, and in this case, instructions (qarinah) are needed that direct the use of Majaz. In the linguistic context, the word “an-nikâh” in Arabic has a hakiki meaning and a Majazi meaning. According to Imam Nawawi, linguistically, “nikâh” means joining. Sometimes, the word “nikâh” is used to refer to “marriage contract”, and sometimes it is also used to refer to “intercourse”. This research is a qualitative method that uses library research, in this study the data used is secondary data sourced from books and OJS-based scientific articles that are relevant to this discussion. Based on the discussion that the author has analyzed, it can be concluded that the explanation of the concept of marriage in Islam, especially those related to the word “nikah”, can be understood through the Haqiqah and Majaz approaches. According to ushul scholars and Arabic linguists, the Haqiqah of the word “nikah” is actually “watha”. However, according to the fuqaha, including the four madhhabs, the true Haqiqah of “nikah” is “akad”, although in its Majaz usage it refers to “watha”.

Revisiting Hindu Marriage Norms: Unveiling Women’s Agency in Ancient India

This article extensively explores marriage norms in ancient India, focusing on women's agency. It begins by dissecting the concept of marriage and its variations in ancient India and sheds light on its significance from women's viewpoints. It scrutinises the roles of women within the institution, including debates surrounding the age of marriage, the qualities sought in brides, and the complexities of partner selection including the prohibited degrees of marriage. The paper delves into her roles in marriage rituals as well as post-marital positions. Contentious issues like divorce and remarriage of women have also been touched. Overall, this article aims to uncover obscure aspects of women's autonomy within marriage, analysing their roles and representations across all facets. By examining evolving Hindu marriage norms throughout the Vedic, Puranic and Smriti periods, it emphasizes the need for a refined understanding of women's agency. The paper seeks to contribute to a comprehensive understanding of marriage in ancient India, particularly from the perspective of women's representations, urging readers to reconsider conventional narratives. Journal of the Asiatic Society of Bangladesh (Hum.), Vol. 69(1), 2024, pp. 1-32

Eternal Love: An Exploration Of The Concept Of Qur'anic Marriage According To Ash-Shā'rawī In Tafseer Khawātir Ash-Shā'rāwī (Thematic Approach)

Conflict in the household is one of the causes of divorce that occurs today. This shows that some people do not fully understand the concept of marriage. In fact, marriage is a covenant so strong that it becomes one of the divine commitments called mītsāqan ghalīẓa (marriage bond). This study aims to examine how the concept of marriage according to Ash-Sha'rāwī in his tafsir Khawatir Ash-Sha'rāwī. This research method is descriptive and analytical through literature study with a thematic approach. The results showed that the concept of marriage according to Sha'rāwī is an agreement taken by two parties, namely the marriage contract. This is not an ordinary agreement, but a strong agreement, which requires the husband to take responsibility and get along well. Therefore, the husband and wife or the bride and groom who are about to marry must know and understand the concept of marriage very well, which includes the nature of mīṡāqan ghalīẓa, the rights and duties of husband and wife, and how to resolve family conflicts.

Magister Gratianus tanítása a házassági akadályokról

Many legal scholars have examined the question of how to reconcile Gratian’s willingness to use both the Justinianic and the pre-Justinianic Roman law that he found in his sources with his apparent unwillingness or inability to use Justinian’s Roman law books at first hand. This paper focuses on another root of European legal culture, the Judaeo-Christian legal heritage. It addresses the question to what extent Gratian’s concept of marriage, based on a contemporary interpretation of the marriage of Mary and Joseph based on the decision of the Council of Ephesus (431), contributed to the clarification of the system of marriage impediments in 12th century canon law, and to what extent the magister used arguments based on biblical passages to do so. The canon law from the early Middle Ages allowed a husband to divorce his unfaithful wife, while the Western Church of Gratian’s age opposed the dissolution of the marriage bond and only recognised the possibility of separating the spouses from bed and table. Therefore, the significance of the subject lies primarily in the fact that in the case of some impediments to marriage the magister saw the possibility of dissolution of the unconsummated union (a so-called initiated marriage) and, in a few, not common cases of the consummated marriage too. The principle of indissolubility, although annulment and dissolution of marriage are different legal instruments, was not necessarily applied in this period either. However, Gratian’s particular concept of marriage and his legal explanations of the impediments to marriage contributed significantly to the fact that the only ground for divorce mentioned in the Gospels, adultery, could not lead to the dissolution of the bond. In the 16th century, Protestant divorce law was primarily a reaction to this understanding, and also the Catholic teaching on the impediments to marriage continued to evolve, formally still adhering to the principle of indissolubility.

Research on Divorce Cooling-off Period System in China

Along with the economic prosperity of the 21st century, there is also a progressive concept of marriage. In the pursuit of "new Under the marriage freedom of the era, whether the quality of their own marriage life has become the most important for economically independent couples Heavy place. However, recent years, economic development, social change, and the change of people's ideology, the number of divorce in our country has been increasing, the divorce rate has gradually gone higher, people's confidence in marriage has also decreased. In order to reduce the divorce rate, reduce the phenomenon of impulsive divorce, and maintain family harmony and social stability, China has stipulated a cooling-off period system for divorce. The divorce cooling-off period system is a new system in our country, which has played positive functions in many aspects. However, the system still has some shortcomings, such as the divorce cooling-off period personal safety protection, property protection and the protection of the rights and interests of minor children, etc. Then the necessary in-depth analysis is carried out and more perfect suggestions are put forward to make the system to assume its social and legal functions.

Ethnographic Study on Marriage Practices of Selected Groups in Socorro Surigao Del Norte, Philippines

This study aimed to determine and explore the marriage practices of the selected groups in Socorro, Surigao del Norte. The researcher believed that incorporating these ethnographic marriage practices on values education and ethics would help to understand the sociological, anthropological, and cultural concept of marriage and thus improve the family and society. This study used the Descriptive Phenomenological Research Approach using the Husserl method, as illustrated by Groenewald (2004), with transcribed semi-structured in-depth one-on-one interviews to explore the marriage practices of the selected group in Socorro, Surigao del Norte. A purposive sampling technique was used to find the eight (8) selected identified participants who are leaders, elders, and core members of the tribal group of Iglesia sa Socorro. Thematic analysis was used to determine the themes of the study. Based on the emerging themes, tribal migration and fanatic ideology were the primary historical background of the group's marriage practices. Findings revealed that the marriage practices of the selected groups of Socorro are based upon six emerging themes: customs, beliefs, bylaws, prohibitions, abuses, and trends.Marriage practices and customs are the ceremonial observance and procedures of the group. Beliefs are the faith and convictions of the tribes. Marriage practices, according to bylaws, are the rules and regulations. Prohibitions on marriage practices are the forbidden actions and rules on marriage practices. Abuses of marriage practices are the misuse, exploitation, and perversion of the customs. At the same time, the trending practices on marriage pertain to the new craze or mania observed or confirmed from outside the tribal norms in these current times. Marriage practices based on customs, beliefs, bylaws, and prohibitions are indigenous in traditions. In contrast, abuses of marriage practices and trending marriage practices are products of extremist viewpoints and conformation to outside traditions. They may result in dire consequences, including the destruction of marriage and, thus, the family.

Impact of Child Marriage on the High Divorce Rates in Jordan: A Social Study

This study reveals the extent of the impact of child marriage in increasing the divorce rate in Jordanian society. The researchers followed the descriptive approach by describing the phenomenon of underage marriage concept and content and the extent of its legal and judicial permissibility and the extent to which cases of underage marriages are related to the high divorce rate in Jordan, where the researchers found that all those who want to get married should undergo mandatory courses in it to get awareness lectures on the marital rights and responsibilities of each of the spouses, especially for those under the age of eighteen.

Research on the Difference of Marriage Customs between Tibetan and Han Ethnicities in the Litang Area along the Sichuan-Tibet Railway

Promoted by the national Belt and Road Initiative and the Western development strategy, the Sichuan-Tibet railway, as an important transportation hub connecting Sichuan and Tibet, not only greatly promotes the development of the regional economy, but also provides opportunities for sustainable development of the cultures along the route. Although the tourism industry along the line shows a booming trend with culture and tourism integration that promotes economic development, the area also faces the challenge of ethnic and cultural differences. Therefore, this study aims to promote the interaction, communication, and integration of various ethnic groups along the line by reducing the friction that causes unnecessary conflicts. This study analyzes the cultural differences between Tibetan and Han marriages in Litang along the Sichuan-Tibet railway to put forward corresponding countermeasures that eliminate conflict from the cultural differences. The study found that there are significant differences between Tibetans and Han ethnicities in the Litang area in four aspects, namely, wedding ceremony, marriage custom, marriage concept, and wedding clothing. The three targeted countermeasures are proposed according to the results, which include establishing a cultural exchange platform, developing special cultural tourism products, and strengthening cultural education and dissemination.

A STUDY ON REPRODUCTIVE LIFE OF THE BENGALEE HINDU FEMALES: A COMPARATIVE ANALYSIS

Reproduction is the process by which new individuals of a species are produced and the genetic materials are passed through generation after generation (Tortora, 2003). The existence of a species is maintained through the urge for the reproduction. Pearl (1939) accounted the urge for reproduction as basic attribute of all living organisms. The expressive form of this urge for the reproduction could be accounted as reproductivity or fertility. The urge for the reproduction in human could not be expressed in its full strength due to several restrictive factors work on it. Demographically observed fertility or infertility is the result of a well-defined number of both biological and behavioural factors, which serve to mediate the influence of culture, society, economic conditions, living standards, and other similar background determinants on individual reproductive behavior (Frank et al., 1994). The hedonistic attitude of human for the reduction of fertility would be described through the "Demographic Transition Model" (DTM) which defines the transition from high birth rates and high death rates to low birth rates and low death rates as part of the economic development of a country from a pre-industrial to an industrialized economy (Thompson, 1929). In the present study an attempt has been made to understand the current status of the reproductive life of the contemporary Bengalee females and the effect of demographic transition as well as fertility transition on the same. Materials of the present cross sectional study comprises with 200 adult married Bengalee females belonging to different caste group lived in a semi urban region of west Bengal. Mean age of the population was 32.63 ± 10.64. The result shows a remarkable decadal change in the reproductive life of the population. Age at menarche seems to follow the secular trend to being decreasing when comparing with a data (mean age 12.79 ± 41.37 and 13.41 ± 1.48 respectively). Comparison with a previous work revealed that the rate of literate women, employed women, the family income etc have been increased noticeable. The number of contraceptive used or adopt family planning families has also been increased remarkably in comparison with the earlier data (64.5 % and 56% respectively). Accordingly the rate of live birth has been decreased. The present study also differs from the age at marriage and marriage conception interval (MCI). Thus the present work revealed that the females (mothers) as well as the couples are more conscious about their reproductive life and adopt different family planning methods. Sharp decadal changes on their reproductive life could also be noticed which may be the ultimate result of the demographic transition.

The Influence of Paternal Absence During Childhood on Women's Self-esteem and Self-efficacy: A Perspective Paper

This paper explores the potential impact of paternal absence on women during their childhood by examining literature and contemporary theories. Paternal absence refers to children lacking paternal love and care due to factors such as illegitimate birth, divorce, or death. In today's society, diverse marriage concepts have led to an increase in single-parent families, resulting in a growing prevalence of paternal absence. This paper comprehensively examines the influence of paternal absence on female self-esteem using theoretical frameworks from psychoanalysis, social learning, social comparison, cognitive development, and attachment. Additionally, it highlights the significance of fathers' presence during childhood in establishing women's sense of competence through Bandura's concept of self-efficacy. The results of the study revealed that the absence of a father figure may exert detrimental effects on women's self-perception, interpersonal bonding, and development of emotional and creative competence.

Decoding Islamic Marriage Terms Through Quranic Text by Nvivo 12 Pro

This research is motivated by the recognition of two word roots that can refer to the concept of marriage in fiqh literature, namely the roots of the words “zawaja” and “nakaha”. The aim of this research is to examine and map every term and meaning contained in every verse of the Koran which contains these two word roots to find the meaning of the term marriage in an Islamic perspective through the text of the Koran. The research method used is qualitative design with the aid of Nvivo 12 Pro as a supporting application for analyzing and categorizing these verses. The results of this research reveal that there are eight terms found through tracing all the verses containing these two word roots in the Koran, four terms constructed to the concept of marriage, namely the term prohibition in marriage, the term ethics in divorce, the term marriage regulations and the term of marriage’s lessons. Apart from that, there are also four other terms which are not correlate to the concept of marriage, namely the term signs of God's power, the term stories of wisdom, the term various rewards and other laws.

Law on Marriage of Catholics and non-Catholics in Vietnam

The Vietnamese State has recognized a lot of organizations of many different religions such as Buddhism, Catholicism, Protestantism, Cao Dai, Hoa Hao Buddhism, Islam..., of which Buddhism accounts for the largest number, next is Catholicism. The conceptions of marriage between the various religions are different. Unlike Buddhism, where the monks worship the celibacy, the love between husband and wife in Catholicism has profound meaning because it originates from the love of God and follows the model of love between Christ and Jesus. Within the scope of this article, the author will clarify the differences and the similarities between the marriages of Catholics and non-Catholics in Vietnam and then analyze the current Vietnamese legal regulations about the marriages between Catholics and non-Catholics. Thus, it can be seen that Vietnamese law does not distinguish between marriages of Catholics and non-Catholics.

Mixed Catholic-Orthodox Marriage according to Canon Law in Poland

The sacrament of marriage between a Catholic and an Orthodox member of the faithful is treated in canon law as a mixed marriage. However, owing to the doctrinal affinity between the two Churches, marriage is also treated differently than other possible mixed marriages. This, however, does not eliminate the need for compliance with the legal regulations when obtaining the required permission and possibly a dispensation from canonical form. The article focuses on the reasons and possible canonical and pastoral issues that may pose problems in such marriages. Therefore, with the concept of mixed marriage and legal requirements presented, the dangers related to mixed marriage are also indicated – all kinds of spiritual threats to the Catholic party that may be experienced in such a marriage. The potential difficulties include divergent notions of marriage, excessive attachment to one’s own Church, and the danger of religious indifferentism, impediments to worship, difficulties in the religious education of children. The permission of the local ordinary, as prescribed by law, should meet conditions that will help the competent authority to decide a specific case. The article also lists the most common situations that priests may encounter in the case of Catholic-Orthodox marriages, for example: difficulty ascertaining that a person is baptised or single, aversion to the institution of promises on the Catholic or non-Catholic side, expression of the desire to join the Church of the other party.

Consent and Mystical Marriage in the Late Middle English Prose Life of St. Katherine and John Capgrave’s The Life of St. Katherine

ABSTRACT Many studies of mystical marriage depend upon the assertion that writers and readers agreed upon its desirability and usefulness as a devotional paradigm for medieval women. This article challenges the assumption that mystical marriage held an unambiguously positive meaning for medieval audiences by offering a comparison of two Middle English accounts of St. Katherine of Alexandria’s vita: the prose Life (ca. 1420) and John Capgrave’s The Life of St. Katherine (ca. 1445). It argues that these authors use the motif of mystical marriage to opposing social and religious ends. While the former offers an idealized portrayal of Katherine’s marriage, Capgrave, perhaps responding to the concerns of his lay, female readership, instead uses the same episode to critique the efficacy of bridal imagery as a devotional tool. The article concludes by asserting that Capgrave, through his engagement with contemporary discourses surrounding consent, suggests that the concept of marriage to Christ contains problematic theological implications.

Rozwój cywilnego paktu solidarności w prawie francuskim na tle innych państw europejskich

The concept of a relationship between two people has begun to change over the years in French legislation. In the 1990s, more and more European countries responded with appropriate regulations to the demands of same-sex couples who wanted to enter into formal and legally accepted unions. At that time, French legislation indicated that both the concept of marriage and family were reserved for heterosexual couples. However, the need to legalize same-sex unions was noted, and the creation of the civil solidarity pact (Pacte civil de solidarité, PACS) in 1999 was a response to social needs. It allowed the persons who entered into it to inherit from each other and to be jointly responsible for their debts. The introduction of the civil solidarity pact has also raised the question of what a relationship between two people is: a contract or a form of institution.

Preparations for Marriage in the Jewish and Catholic Traditions

In many churches nowadays, there has been a standardized approach to premarital counseling for couples involving social, pastoral, and psychological perspectives. In contrast, many rabbis and other Jewish officials still concentrate on legal aspects alone. The need for resolving important issues on the verge of wedlock is too often left to secular experts in law, psychology, or counseling. However, in recent years, this lack of formal training for marriage preparation has also been acknowledged by the Jewish clergy in order to incorporate it in the preparatory period before the bond is tied. This case study focuses on Jewish and Roman Catholic conceptions of marriage, past and present. We intend to do a comparative analysis of the prerequisites of religious marriage based on the assumption that both Judaism and the Roman Catholic Church have a distinct legal framework to assess marriage preparation.