Definition Of Marriage Research Articles

Analysis of the order of marriage in Russia (based on the materials of the Pilot book)

The relevance of the research is determined by the fact that, based on the analysis of the Pilot Book, knowledge about the genesis of ancient Russian family law is expanding, allowing to reveal the historical roots of modern legislation in this area and to identify the influence of cultural, religious and social factors on the formation of norms and principles of family law. The scientific discussion on this issue contributes to a deep understanding of the history of the Russian state and law, the actualization of issues of marriage and family relations in the context of modern challenges and changes in society.The purpose of the study is to reveal the features, conditions and procedure of marriage in Russia.The objectives are to identify the factors influencing the order of marriage, identify obstacles to marriage, and establish the religious and legal basis of marital and family relations.Methodology. The methodological basis is determined by the historical and legal nature of the research, based on the principles of historicism, a systematic approach and objectivity in understanding the legacy of the Pilot Book.Results. In the course of the study, the foundations of family legislation were determined, among them are: the chaste nature of premarital relations, which does not violate the foundations of family values and life in marriage; the definition of marriage as a union of a man and a woman, with the aim of legitimate childbearing and avoiding a sinful life; the consent of both spouses to marry, the absence of obstacles to marriage (kinship, nepotism, etc.); the obligatory wedding of the spouses and the blessing of the priest of the couple; the responsibility of the husband for the wife.Conclusion. In the conditions of modern Russia, the appeal to the historical and legal heritage of the past is dictated by the need to strengthen the authority and support the institution of the family and basic family values. The analysis of the norms of the Steering Book (Nomocanon), which laid the foundations of family legislation, helps to understand the values and principles that have been formed in society over the centuries and influence modern legislation.

Transforming anger into resilience: The Zagreb Pride LGBTIQ NGO and stigmatized youth in Croatia

After an intensive marriage referendum campaign in 2013, organized by the ‘In the Name of Family’ organisation (Cro. U ime obitelji), the definition of marriage as a union between a man and a woman was included in the Croatian constitution. At the time of the campaign, the participants in this research were young people, most of whom were in elementary or secondary school. Considering most of them had not come out to their immediate social circle, they were particularly vulnerable because of the visibility that was imposed on them.This article will introduce the results of ethnographic research on the Zagreb Pride LGBTIQ non-governmental organisation, as part of which we conducted 31 semi-structured interviews with former and (at the time) current members of the organisation. We focused on three different issues: 1. How the marriage referendum campaign affected young LGBTQ individuals and their social engagement; 2. Why they saw their identity as an expression of political activism; 3. How they transformed their initial negative feelings into resilience and political activism.The results show that the marriage referendum campaign had a significant impact on young LGBTQ people, transforming their initial feelings of anger and fear into resilience. Considering the political and social context in Croatian society at the time, our participants noted that they thought about their coming out as a political act. Consequently, this inspired them to further mobilise and take part in political activism.

Race-Religious Discrimination in South Africa's Hindu Marriages

South Africa is known historically for racial apartheid when people were classified as white, Indian, Colored, or Black/Native.1 Indians, Coloreds, and Blacks were discriminated against and denied rights afforded to whites. One example was the right to vote, which was withheld from anyone not classified as white.2 What is less well known is that other forms of discrimination also existed, including religion, culture, gender, and sexual orientation. These discriminations manifested in religious marriage laws. They also intersected in the domain of marriage through race and religion, resulting in what Rabiat Akande describes as “mutually imbricated religious and racial othering.”3 Akande's observation that “Euro-Christian foundations of the legal regime of religious liberty” excluded minority religions from legal protections in colonial settler situations resonates in South Africa.4 Apartheid South Africa adopted a colonial European Christianized approach to marriage, namely, the voluntary union of one man to one woman for the duration of the marriage.5 This definition of marriage was embedded within South Africa's common law and entrenched values of heteronormativity and monogamy, both of which are inherent in a Christian understanding of marriage. Consequently, same-sex marriages were excluded from legal protection.6 Similarly, customary marriages and Muslim, Hindu, and Jewish marriages were not legally recognized because they were potentially polygynous, which in South Africa was deemed immoral and contrary to the colonial and apartheid era notions of public policy.7 This essay focuses on the legal implications of Hindu marriages not being legally recognized in South Africa, and especially the disparate effect that this has on women. The essay thus adds a gendered dimension to Akande's arguments about religious discrimination.

Prawo naturalne jako źródło norm prawa małżeńskiego w Kodeksie Prawa Kanonicznego z 1983 roku

The article undertakes the analysis of the presence of natural law norms in matrimonial canon law contained in the Code of Canon Law of 1983. The Church has its own legal system, and pointing to the sources of individual legal norms is still a topical issue. Natural law as one of the sources of human law is present in the marital law of the Catholic Church. In the definition of marriage, the church legislator points to natural law directing spouses to procreation and education of children. The law of nature is visible in the objectives of marriage, but also in various psychological conditions influencing the decision about marriage, as mentioned in can. 1095, as well as the error regarding the person mentioned in can. 1097 §1 of the Code of Canon Law. Certain impediments resulting from the invalidity of the sacrament also arise from natural law. This is an impediment of kinship in the direct line and in the second degree of collateral line, as well as an impediment of age, because the nature of marriage requires the spouses to achieve appropriate physical and mental maturity.

AIDS, Love and the Law: From the Human Rights Act to Marriage Equality in New Zealand

ABSTRACT The terrain of debate over lesbian and gay rights in New Zealand changed markedly between 1993 and 2013. This article compares parliamentary and public discussion of the 1993 amendments to the Human Rights Act, about which very little has been written, and the Marriage (Definition of Marriage) Amendment Bill of 2013, to track a range of ideological stances and discursive positions over a 20-year period. Those sceptical about lesbian and gay rights fashioned a changing set of discursive frames that spoke to HIV/AIDS and then the trope of “political correctness”: their arguments, which draw upon a range of international influences, fractured and became more complex as time went on. There has been a shift towards a politics of love since the start of the new millennium, and a rapidly increasing acceptance of the lives of gay and lesbian New Zealanders.

Exploring kinship and the desire to be parents in Spanish same-sex couples

Empirical evidence has settled controversy over the effect on children of being raised by same-sex parents. However, other issues have emerged that are related to this family model. The aim of this study was to identify discourses linked to the desire to be parents and to the construction of kinship in lesbian women and gay men parents. We analysed a documentary project (‘Familiarízate’) produced in Spain by the Spanish national Federation of Lesbians, Gays, Transsexuals, and Bisexuals. We found that the narrative on the desire to be parents was mainly shaped by previously established definitions of marriage and family. We also identified a set of interesting paradoxes and tensions in some of the discourses that challenged traditional models of family and kinship.

Protection of Families in National Constitutions, in Particular in the Polish Constitution

This article aims to present the familyꞌs legal status in light of constitutional solutions in force in selected European countries, with particular emphasis on Polish regulations. The author aims to present a wide range of regulations functioning in Europe, and at the same time, highlight the similarities and differences between individual countries. An important element of this study is the consideration of Polish legislation, which is to familiarize readers with basic information on the legal situation of Polish families and at the same time show them where the regulations in force in the Republic of Poland fit into European standards, and in which they are original. The article covers the following issues: the constitutional protection of the family, way of understanding the role of the family in society and the state, problem of the constitutional definition of the family, definition of marriage, exercise of parental authority, and legal status of children.

СОЦИАЛЬНО-ЭКОНОМИЧЕСКИЕ ПРЕДПОСЫЛКИ РАЗВИТИЯ ИНСТИТУТА БРАКА В РОССИИ И ОАЭ

The modern scientific community has no single general concept of «marriage», as approaches to the definition of the latter are often dictated by cultural, legal, economic, institutional and other factors. The definition used in different countries and cultures largely reflects the level of socio-economic development of the said countries. On the other hand, the socio-economic features of the development of countries determine the choice of the approach to the institution of marriage both in modern realities and in historical perspective. This article is aimed at examining the evolution of approaches to the definition of marriage in Russia and the United Arab Emirates in the context of their socio-economic prerequisites.

The Concept of Matrimonial Consent in Can. 1057 CIC 1983

The article is devoted to matrimonial consent as described in Can. 1057 CIC/83, which has replaced the former Can. 1081 CIC/17. The regulation found in this canon emphasizes the importance of matrimonial consent and constitutes the basis for all reasons for the nullification of marriage. The analyzed norm, describing matrimonial consent in the positive aspect, was formulated in the personalistic spirit and adapted to Vatican II's teachings. Can. 1057 CIC/83 was placed among the norms introducing the De matrimonio of CIC/83 part, which resulted in ordering the vision of marriage in CIC/83. The studies on the normative content of Can. 1057 §1, CIC/83, focus on matrimonial consent, which establishes the matrimonial bond and is the only efficient cause of marriage, being a bilateral consensual contract and a sacrament for those baptized. The article discusses legal requirements assuring that consent will result in contracting a valid marriage. The article explains in detail the norm, according to which a defective matrimonial consent cannot be supplemented or replaced by another legal act. The article analyses the object of matrimonial consent in Can. 1057 §2, CIC/83, which was harmonized with the definition of marriage in Can. 1055 CIC/83. Ius in corpus is no longer such an object (as it narrows marriage to a communion finding fulfillment in the sexual and procreative sphere) but rather the parties to the contract, who give themselves to one another in an analogous sense (material object) and the communion for their entire life, in all its dimensions (formal object).

“A Meet and Happy Conversation”: Milton and Divorce in Charlotte Brontë's Jane Eyre

ABSTRACT Charlotte Brontë's Jane Eyre has long been recognized as a feminist revision of Paradise Lost as told from Eve's perspective. Written at a time of significant legal reform concerning marriage and divorce in nineteenth-century England, Jane Eyre offers a much more engaged rereading of Milton than scholars have observed. Centering on the novel's three proposal scenes, this article understands Brontë to draw upon Milton's The Doctrine and Discipline of Divorce and extend its definition of marriage as “conversation” to include the experience of the wife.

Knowledge on Marriage and Reproduction in Islam for Multicultural Healthcare and Social Work Needs: Results of the Survey at Five Public Universities in Slovakia

Objective: The aim of our research was to find out, if university students of humanities and social sciences at five Slovak public universities have theoretical prerequisites for intercultural competencies mainly needed in multicultural healthcare. These concrete theoretical prerequisites are dealing with knowledge regarding Islamic teachings on: family; female infanticide; reproduction; usage of assisted reproduction technologies; and induced abortion. Design: Research study. Participants: Overall 1000 students at 5 Slovak public universities (at each n=200). Methods: Empirical research was done using our own questionnaire. Verification of our three hypotheses has been done using the method of statistical testing for testing hypotheses on equality of parameters of two alternative divisions with large selection ranges. Results: Responses to questions concerning definition of marriage in Islam (Questions #1 - 3) have shown, that both male and female students have proved better knowledge of this issue than in the case of the area concerning possibilities of use of reproductive medicine achievements in Islam. Responses to question (Question #4) regarding Muhammad´s attitude to feminine infanticide have shown that men, in comparison to women, have manifested more radical (more numerous) inclination to the answer that Muhammad entrusted fathers with decision on its performance. Responses to questions dealing with possibilities to use reproductive medicine achievements in Islam (Questions #5-7) have shown that female, in comparison to male students, have manifested more radical (more numerous) rejective position. Conclusion: Knowledge of marriage and reproductive issues in Islam among students stays at historical level, what causes a problem not to be able to understand and respect contemporary needs of Muslim patients in the frame of an holistic approach in multicultural healthcare and social work in Slovakia. Improvements in current curriculum concerning students´ intercultural competencies mainly connected to an understanding of standpoints of Muslim believers concerning their social foundations, health and entire well-being are inevitable.

Early Marriage According To Islamic Law

Marriage is a form of worship, this is in line with the definition of marriage in the Islamic Law Compilation which reads; marriage is a very strong mitsaqan ghalizhan contract to obey Allah's commands and carry out it is worship. Religion and state also provide rules for marriage, especially at the age of the prospective husband and wife, so that it can be considered mature, with the aim of achieving sakinah mawaddah warahmah. However, there were several cases of underage marriage in Indonesia. And it is in the background of many factors and their respective goals. Among the factors are wanting to maintain religion, honor and achieve happiness and welfare. Such as the case of early marriage in the Tanjung Morawa area in Bangun Sari Village. They decided to get married because the candidates who came were people of good religion and morals, so that the married life they live is blessed according to their hopes and dreams.

KEDUDUKAN ANAK AKIBAT PEMBATALAN PERKAWINAN SEDARAH DITINJAU DARI UNDANG-UNDANG NO 1 TAHUN 1974 TENTANG PERKAWINAN

Article 1 of the Marriage Law, Marriage is a physical and spiritual bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family or household based on Almighty God. In the definition of marriage, we also see an element of bonding between a man and a woman as husband and wife. For this reason, husband and wife need to help and complement each other so that each can develop his personality to help and achieve spiritual and material well-being. In inbreeding has been carried out for a long time by people in certain areas who still have blood relations. Where this is done over and over again becomes a habit and then the marriage becomes a culture for a certain area. From the foregoing, it can be seen that inbreeding exists in Indigenous communities where Customary Law applies and Islamic societies that apply Islamic law. After the enactment of the Marriage Law No.1 of 1974 concerning marriage, marriages made with relatives or inbreeding have been restricted and even prohibited in the Marriage Law but if this is violated and occurs, the marriage can be canceled.

Making Registered Charitable Status of Religious Organizations Subject to 'Charter Values'

The Supreme Court of Canada has held that government actors must ensure that their decision making process considers ‘Charter values.’ This has led to a growing opinion, within the legal community, that Canada Revenue Agency’s decisions on the registered charitable status of religious organizations ought to ensure such charities are compliant (in belief and action) with ‘Charter values’ such as equality and ‘reproductive rights’. In some circles, ‘Charter values’ are seen as a necessary part of the evolving definition of ‘public benefit.’ This chapter will explore that perspective in the context of current law and liberal democratic philosophy. It will argue that fundamental human life issues (FHLI) such as equality of all, definition of marriage and the value of human life, have been the subject of religious thought and teaching for millennia, and such beliefs have inspired the legal, political and philosophical traditions of liberal democracies. FHLI are part and parcel of the religious enterprise that seeks to understand what it means to be human. Denying public benefit recognition to charities that advance religion merely because they have unpopular beliefs or practices will not only have a negative effect on civic engagement, it will also have a negative philosophical impact on our traditional and scientific understanding of human nature. Liberal democracy demands that the state recognize it has no role in denying the complexity of religious identity’s framing of fundamental human life issues upon which reasonable people may disagree.

Language Appropriation Practices of Gay Men after the Legalization of Same-Sex Marriage

ABSTRACT In the United States, legal marriage has found itself simultaneously serving as a pact made by two individuals, an agreement under the state’s control, and a legal status with social implications. The influences of legal marriage on social levels are not monolithic, as a result, there is not a comprehensive definition of marriage that supports the diverse relationships that exist, including same-sex marriage. Moreover, explicit attention to verbal communication in reference to these relationships has rarely been documented. Utilizing a qualitative framework and semi-structured interviews, this study investigated the relationship between marriage equality and its impact on language appropriation for 28 gay men living in various parts of the United States. Results of analysis situated in grounded theory via the constant comparative method indicated that for many in this sample, access to legal marriage facilitated unapologetic use of language associated with marriage, irrespective of one’s own marital status. These findings are in stark contrast to studies exploring adoption of marriage language by lesbian women. Implications across private and public arenas are discussed.

THE CHALLENGE TOWARDS THE HEGEMONY OF HETERONORMATIVITY AS DEPICTED IN JENNY’S WEDDING: A PIERRE BOURDIEU’S SOCIAL REPRODUCTION THEORY

In America, the definition of marriage has changed. The Supreme Court has legalized same-sex marriage. As the growth of LGBT people slowly continues, and they keep struggle and fight for their equality, heterosexuals might feel threatened. This study aims to know how the same-sex relationship challenges the hegemony of heteronormativity and whether or not the gender norm has been shifted as proof. This study uses Jenny's Wedding (2015). It focuses on gender position, role, and responsibility in heteronormativity and homosexuality. This study uses the sociological approach and gender theory, to see the relation between heteronormativity and the individuals also Pierre Bourdieu’s social reproduction theory to see the shifting of gender norm. The finding shows that heteronormativity is used as the standard to judge, stereotype, expect things, and make assumptions. The recognition and support from society towards LGBT people and their coming out give challenges for the existenceof heterosexuals. Therefore, the contact of heteronormativity and homosexuality makes the heteronormativity no longer pure. When homosexuality affects gender norm, there must be changes in the gender norm itself.Keywords: gender; hegemony; heteronormativity; homosexuality; same-sex relationship

“Why is it that here we can be a family, and there we cannot?” How Wider Socio-Institutional Frameworks Shape Experiences of LGB Parenting

The legal status and social acceptance of same-sex partners’ families vary to an astonishing degree, even within the European Union (EU). These differences are sharply reflected in the lives of lesbian, gay and bisexual (LGB) migrants from Central and Eastern Europe (CEE) residing in countries such as Belgium or the Netherlands, where same-sex partners can marry, access adoption and assisted reproductive technologies (ART) services, and acquire legal co-parenting rights. For this group, every visit to a CEE country of origin with a constitutional definition of marriage as a union between a man and a woman, with limited or no access to adoption services, nor to ART or co-parenting rights, highlights the societal and institutional vulnerability of their families. Based on biographical narrative interviews (BNIM) with six LGB migrants from selected CEE countries of origin, raising children with a same-sex partner in Belgium or the Netherlands, this study analyses how differences in wider socio-institutional frameworks shape experiences of LGB parents relating to the formation, display, recognition and acceptance of their families. The findings highlight how the restrictive legal and institutional frameworks not only exclude LGB individuals from full citizenship, but also provide support for the individual-level discrimination of non-heterosexual families. In contrast, inclusive frameworks allow LGB individuals to realize life and family trajectories already accessible to others in society, while also discouraging the expression of individual prejudice. Therefore, the study concludes that the only way to ensure full equality and to protect LGB individuals and their children from stigmatization is to create a fully inclusive socio-institutional framework for non-heterosexual families in which individual prejudice is no longer supported.

Status Hukum Pernikahan Colong Mempelai Wanita di Desa Sraten Kecamatan Cluring Perspektif KHI dan Adat

Abstract: The definition of marriage and its purpose in the Compilation of Islamic Law is stated in article 2 that is, the marriage according to Islamic Law is marriage, that is a very strong contract of duty to obey God's commands and to implement it is worship and Article 3 that is, Marriage aims to realize the life of a household that sakinah, mawaddah, and rahmah. Marriage is an inner born bond between a man and a woman as a husband and wife with the aim of forming a happy and eternal family based on the Supreme Godhead. The above definition is contained in Act No. 1 of 1974 on Marriage. Marriage has a very close relationship with religion, so marriages not only have physical / physical elements, but also have inner / spiritual elements that have an important role in life. Sraten village, Cluring subdistrict, Banyuwangi district is one of the villages in Banyuwangi with different cultures in marriage. In the village of Sraten there is a marriage where a prospective bride is kidnapped by the man. According to information on observation and interim interview information to informal grandchildren such practice has been passed down to generations, so it is not taboo anymore, because not just one or two times, the practice of marriage with a kidnapped female candidate has been done a lot. Therefore, according to researchers it is important to be more in-depth on the basis of appropriate research theory and methodology so as to produce credible and scientifically accountable data. It is concluded based on the distinction between the theoretical and field data analysis that the marriage collateral that occurs in the Sraten Village of his law is legitimate, since the wedding of the colong is not substantive in terms of the terms and the rukun pernikahan, but the wedding of the colong is just an expression or name of a custom in a the area in this case is the Sraten village community with the aim of maintaining the relationship between the two lovers so that the spouses are involved. Furthermore, the views of the Sraten village community towards the colong marriage during the marriage are approved by both families and guardians from the parties who are willing to guard, the legal status of the marriage is valid and there is no problem.

The Politics of Vernacular Activism: Hmong Americans Organizing for Social Justice in Minnesota

ABSTRACTIn 2012, queer Hmong Americans in Minnesota organized to defeat a state-wide ballot initiative that sought to constitutionally amended the definition of marriage in Minnesota to being a union solely between one man and one woman. This article examines a collective called Midwest Solidarity Movement and their strategies of employing a “vernacular activism” to defeat this ballot initiative. I also utilize personal reflections and participant observation conducted during various Midwest Solidarity Movement activities to demonstrate how queer Hmong Americans engaged their own ethnic communities within the political atmosphere of same-sex marriage. This article makes the argument that queer Hmong Americans actively used intersectional and race-conscious strategies to involve their own communities around queer issues, which ultimately helped the cause of the larger movement to legalize same-sex marriage in the United States.

ЛЕГАЛЬНАЯ ДЕФИНИЦИЯ БРАКА В РОССИЙСКОМ ЗАКОНОДАТЕЛЬСТВЕ: АКТУАЛИЗАЦИЯ ПРОБЛЕМЫ

ЛЕГАЛЬНАЯ ДЕФИНИЦИЯ БРАКА В РОССИЙСКОМ ЗАКОНОДАТЕЛЬСТВЕ: АКТУАЛИЗАЦИЯ ПРОБЛЕМЫ