Developments In Family Law Research Articles

In-depth and Comprehensive Analysis of Divorce Cases Due to Domestic Violence from a Family Law Perspective

Domestic violence is one of the reasons that can be used to file for divorce in family law in Indonesia. However, the process of proving violence often poses a huge obstacle and becomes a very serious problem for the party applying for divorce. In this article, we will analyze in depth, thoroughly and comprehensively a divorce case based on domestic violence from the perspective of family law in Indonesia. We will examine in detail, in detail and in great detail the evidence presented, the legal basis used, and the judge's considerations in deciding this case. Apart from that, we will also look at the impact of this decision on the development of family law in Indonesia in a very deep, thorough and comprehensive manner. In its considerations, the panel of judges stated that based on the evidence presented, it was legally and convincingly proven that the Defendant had committed physical and psychological violence which was categorized as "cruelty or serious abuse that endangers the wife" in accordance with Article 116 letter (g) of the Compilation of Islamic Law and violates the provisions of Law Number 23 of 2004 concerning the Elimination of Domestic Violence.

The Development of Indonesian Marriage Law in Contemporary Era

Family law is part of the legal system that applies in Indonesia, which has developed along with social developments in society. This paper provides an overview of how the development of family law in Indonesia uses a normative approach and describes the development of family law in Indonesia these days. The development of family law in Indonesia is influenced by several factors, ranging from the historical aspect of law to today's social developments. The development of family law develops according to the community's needs for legal certainty and aspects related to family relations, starting from age limits for prospective husbands and prospective wives, child status, and marriage agreements to a marital status that is not administratively registered.

Development of family law as a branch of domestic law

Development of family law as a branch of domestic law

Book Review: Michela Minesso (ed.): Welfare Policies is Swtizerland and Italy. Institutions, Motherhood, Family and Work in the 19th and 20th Centuries

Welfare Policies in Switzerland and Italy, edited by Michela Minesso, was published in 2021 by Peter Lang. The book comprises six studies, with a word from the editor at the beginning, and provides a broad overview of the whole system of Italian and Swiss welfare policies in the 19th and 20th centuries. The authors include Jean-Pierre Tabin, Brigitte Studer, Paolo Passaniti, Gianni Silei and Massimiliano Paniga, all eminent researchers in their fields. The studies in this volume provide insight into the development of family law, women’s rights and social rights in this period. It makes a very interesting reading for those interested in the subject.

RECONSTRUCTION OF NUSYÚZ CONCEPT IN COMPILATION OF ISLAMIC LAW IN INDONESIA (Gender Equality Perspective Analysis)

Nusyúz is a classical conception codified as a standard law written in Qs. an-Nisáa’ verses 34 and 128. The conventional fiqh perspective of nusyúz connotes the wife’s disobedience to her husband, because it is influenced by the patriarchy of pre-Islamic Arab culture. Presidential Instruction Number 1 of 1991 concerning the Compilation of Islamic Law in Indonesia mentions nusyúz in Articles 80, 84 and 125, only regulates the wife’s nusyúz and its legal sanctions, while the husband’s nusyúz is not mentioned. There is ambivalence, ambiguity and legal injustice for the wife. The focus of this research is the concept of nusyúz in KHI from a gender perspective and its correlation with the development of family law in Indonesia. This type of research is library research with a gender equality analysis approach. The results of this study indicate that it is necessary to rearrange the concept of nusyúz in the KHI, including the modern era understanding of nusyúz and adding the husband's concept of nusyúz and its legal sanctions in KHI.Keywords: Nusyúz Modern Era, Gender Perspective, Justice.

Konstelasi Pemikiran Hukum Keluarga di Tunisia

Tunisia is one of the many Muslim countries that continue to strive to build a family law system which is a permanent rule of law for Muslims. Both before and after Tunisia's independence, legal reforms were intensively carried out, including legal reforms in the field of family law. One of the laws implemented in Tunisia is the Tunisian Code of Personal Status (CPST) or other names Majallah Al-Akhwal Ash-Shakhshiyyah. The legal reforms carried out by Tunisia cannot be separated from the progressive thoughts that have colored family law policies which in the next stage will become state policies. This article is presented in a descriptive form using a literature study approach as the study material. The results of the study concluded that the Tunisian State carried out many Islamic family law policies based on the development of family law in the world and the needs of its citizens.

Typological models of legal regulation of matrimonial relations through the prism of comparative approach in private law

This article outlines a number of typological models of legal regulation of matrimonial relations using the method of comparative-legal analysis. Leaning on the formal-legal approach, analysis is conducted on certain typological models. First and foremost, the author explores the model that is based on inclusion of the norms of family law in the Civil Code. It features two basic modifications that take roots in the reference European codifications of civil law: French (institutional) and German (pandect). Another typological model under review relies on coexistence of the two separate codes within the national legal system: civil and family. The typological distinctness characterizes the model that is based on inclusion of the norms of special statutes dedicated to family law in the Single Civil Code (for example, PRC). The development of family law may take the path of adoption of separate legislative acts (UK, USA). In some instances, federative nature of the country may also affect the development of the system of sources of family law. The countries with pluralistic legal system, either have exclusive jurisdiction over matters of family law (for example, Israel), or stimulate the processes of its modernization through adoption of a special law (for example, India). The author believes that the formal-legal criterion of typology should be correlated with the substantive aspect of the matter. From this perspective, the author highlight the two trends in regulation of matrimonial relations: the first is associated with strengthening of public law principles, while the second is associated with private law principles. The typological model depends on the dynamics of their ratio.

Dinamika Hukum Keluarga Islam di Kuwait dalam Bidang Perwakafan dan Waṣiyyat al-Wājibah

The development of family law in an area follows the development of time, space, circumstances, intentions and customs in the area as Ibn Qayyim al-Jauziyah's theory. This article discusses the dynamics of family law in Kuwait related to waqf (charitable endowment) and waṣiyyat al-wājibah (special wills). This research is a qualitative descriptive study with the Islamic legal approach method. The results showed that the dynamics of family law in Kuwait developed over time. In the field of representation in Kuwait, people apply two forms of waqf, namely waqf ahli (family) and waqf khairi (the interest for people) This provision adapted the system of representation in Egypt and Lebanon. This representation was stipulated by the Endowment Act of 1951. While in the field of waṣiyyat al-wājibah in Kuwait derived Egyptian legislation and used the opinions of Imam Maliki, Hanbali and Shafi'i, waṣiyyat al-wājibah this is regulated in Law Number 5 Year 1977.

Pengaruh Adat dalam Hukum Keluarga terhadap Pembaruan Hukum Nasional

Indonesia as Unitary State consists of various kinds of tribes, customs, and even religions. The legal system adopted in Indonesia is not only civil or criminal law, but also mulually related religious and customary laws. Until recent years, Indonesia still uses European law as the national law and still try to make the customary law to be a national law. In fact, the implementation of European law is considered incompatible with the soul of the Indonesian people, especially in the the case family law. This paper seeks to uncover customary influences and effects in the development of family law in the national legal system.

PROPERTY RELATIONS OF MARITAL PARTNERS THROUGH THE HISTORY OF BOSNIA AND HERZEGOVINA

The institutes of contemporary family law are rooted in Roman law, including the property relations of marital partners. From the historical perspective, the property-legal relations of marital partners in Bosnia and Herzegovina (BiH) were subject to religious regulations and the rules of the General Civil Code and Family Law of the Socialist Republic of Bosnia and Herzegovina. The article analyzes the solutions applied during the Roman, the Ottoman, and the AustroHungarian rule as well as the solutions included in the currently valid Basic Law on Marriage and Family Laws in BiH. The authors focus on the development of family law in terms of property relations of marital partners and provide historical-legal overview of the development of family law from the absolute power of pater familias to the full equality of marital partners.

Reforming birth registration law in England and Wales?

The Law Commission of England and Wales is considering what its 13th Programme of Law Reform should address. During the consultation process, a project on birth registration law has been mooted. This is a very welcome proposal given that civil birth registration in England and Wales is a compulsory procedure that not only finds its roots in the early Victorian era, but also remains very similar, at least in terms of form and the information that is recorded. I first use two recent legal challenges to illustrate why the current system is coming under increasing pressure. I further use these examples to caution against a law reform agenda that is narrowly focused on the precise information recorded, without a preliminary and wider examination of what the role and purpose of birth registration is, and should be, in society. I argue that this needs to be addressed before the state can justify the parameters of the information recorded. I then use an outline of historical reforms relating to the registration of births outside of marriage to highlight the normative two-parent family model that underpins the birth registration system. I argue that legal reform must be cognizant of the tenacity of this normative family model, particularly in relation to reform proposals surrounding donor conception and the annotation of birth certificates. Finally, I draw attention to wider developments in family law that cast birth registration as a social policy tool for the facilitation of parent–child relationships, particularly unmarried fathers.

The Development of Russian Legislation Relating to the Protection of the Rights of Separated Parents and Their Children

The following article deals with the challenges created by legal regulations concerning divorced or separated couples and focuses on the rights of separated parents with children. The article analyzes the problems associated with law enforcement practices in this area, the gaps in existing family law, as well as the disputed aspects of theory concerning parents ’ legal relations. Suggestions for legislative developments in Russia concerning the protection of family rights within separated families are given. The authors of this paper argue for a rethink of existing approaches to legal regulations in this field of law due to the fact that existing family legislation does not take into consideration many of the challenges and realities of modern parenthood. Furthermore, current legal regulations in Russia do not fully correspond to international legal norms. The authors contend that this will lead to the curtailment of the legal rights of the separated parents. Such status is characterized, on the one hand, by unreasonable restrictions on parental rights. On the other hand, it permits only a limited degree of responsibility for a child’s upbringing and financial support on the part of a parent living separately from their child. The authors propose that, in this respect, it is necessary to rethink disputed legal decisions relating to family law and the implementation of family law in practice. By analyzing such implementation, the authors single out a number of interrelated factors that must be overcome in order to effectively protect separated parents’ relationships with their children. The aim of the article is to initiate a new approach to parental legal relations after divorce or separation and to propose new legislative regulations concerning the legal status of a parent who lives separately from their child. New developments in family law are proposed in order to ensure a balance between parental responsibilities and rights as well as the rights of the child.

SOME CHALLENGES OF PROTECTION OF FAMILY RIGHTS AND MAIN PROBLEMS LEGAL RELATIONSHIP BETWEEN PARENTS AND CHILDREN

This article investigates the difficult moments of realization and protection of family rights in Russian and foreign practice. The aim of the article is the analysis of complex and controversial issues arising from the implementation point of successful implementation and protection of family rights in Russian and foreign practice. AB-torus also describes the main problems of relationships between parents and children. The article shows that the regulation of these relations at the present stage of development of family law is constantly strengthening its existing published and law enforcement practice of the Supreme Court of Russian Federation, and the resolution in the practice of other courts. At the same time, the author emphasizes the need for a comprehensive analysis of the issues of parental rights at the present stage of development of family law, need to rethink many of the provisions of a sectoral approach in its understanding, as well as the insufficient degree of elaboration of the problem indicate that its relevance.

Regulating the Unstable Family: Eliza Haywood’s Fiction and the Development of Family Law

This essay examines Eliza Haywood’s interrogation of the legal structuring of the family, arguing that her fiction articulates the need to serve the “best interests” of the child well before early modern British law enacts that goal. Haywood’s amatory fiction, including Love in Excess; or, The Fatal Enquiry (1719), The Rash Resolve: Or, The Untimely Discovery (1724), and The Distress’d Orphan, or Love in a Madhouse (1726), depicts the family’s mistreatment of the daughter-figure and anticipates the law’s as-yet unrealized potential to protect these most vulnerable of women. A comparison of Haywood’s fiction to the Court of Chancery’s equity case law, commentaries, and treatises reveals Haywood’s participation in now-forgotten debates about the rights and responsibilities that define the parent/child and, more specifically, the guardian/ward relationship. Guardianship allows Haywood to imagine and the law to enact interventions in the structuring of the family. This essay focuses on Haywood’s and equity’s definition of three parental powers over the child: the custody of the child, the care and maintenance of the child, and the management of an account of the child’s estate. In her fiction, Haywood consistently depicts the need for a more equitable structuring of the family—a structuring that the legal system of equity itself seems unable to uphold. By criticizing the law, specifically its need to create more caring family structures for the underage daughter, Haywood’s fiction anticipates new understandings of the family that would take equity another half-century to develop.

Developments in Family Law: The 2010-2012 Terms

This paper studies four family judgments decided by the Supreme Court of Canada: Kerr v. Baranow, on unjust enrichment and unmarried cohabitants; Schreyer v. Schreyer, on bankruptcy and provincial family law; and L.M.P. v. L.S. and R.P. v. R.C., both concerning the weight of agreements on variation of spousal support. Each of the judgments under consideration reveals a mixture of boldness and bashfulness. For example, the judges minimized their inventiveness in Kerr. The Court’s concept of the joint family venture in that judgment does not fit comfortably within unjust enrichment.

FUNCTIONAL PARENTING AND DYSFUNCTIONAL ABORTION POLICY: REFORMING PARENTAL INVOLVEMENT LEGISLATION*

Abortion‐related parental involvement mandates raise important family law issues about the scope of parents' power over their children's intimate decisions. While there has been extensive scholarly attention paid to the problems with parental involvement laws, relatively little has been said about strategies for reforming these laws. This article suggests using insights from family law relating to functional parenthood and third party caregiving as a basis for crafting more capacious methods of ensuring adult guidance for teenage girls facing an unplanned pregnancy. Recent developments in family law bolster the case for reforming parental involvement legislation to allow teenagers to consult with designated adults other than parents or judges. Enlisting other trusted members of the community to assist pregnant teenagers should assuage those who want to guarantee that adolescents consult with an adult in a time of crisis, while also protecting teenagers who reasonably fear discussing pregnancy with their parents.Key Points for the Family Court Community: Many scholars have noted that abortion‐related parental involvement mandates are in need of reform, but relatively little has been said about strategies for reforming these laws. Insights from family law relating to functional parenthood and third party caregiving provide a sound basis for reform, particularly by bolstering the case for rewriting parental involvement legislation to allow teenagers to consult with designated adults other than parents or judges. Enlisting other trusted members of the community to assist pregnant teenagers serves the dual goals of (i) assuaging those who want to guarantee that adolescents consult with an adult in a time of crisis, and (ii) protecting teenagers who reasonably fear discussing pregnancy with their parents.

Why Donor Insemination Requires Developments in Family Law—The Need for New Definitions of Parenthood

During May 2008 there were heated debates and exchanges in the House of Commons over some of the provisions contained within the Human Fertilisation and Embryology Bill (HFE Bill).1 Four issues received the most media, and thereby public, attention—‘saviour siblings’, the time limits for terminating a pregnancy, the production of human and non-human animal hybrids and the removal of the requirement to consider the need for a father in section 13(5) of the current Human Fertilisation and Embryology Act 1990 (HFEA 1990) when considering the welfare of a child conceived using IVF. While all of these issues will be of interest to readers of this journal, it is the latter which provides a topical backdrop for Jones' book which, among other things, explores how law views, regulates and delineates families in the context of one particular assisted reproductive technology—donor insemination. In a move reminiscent of the debates and attempted...

The Role of Rights and Utility in Instituting a Child’s Right to Know Her Genetic History

This article examines recent developments in family law which are concerned with the child's right to know her genetic history. It specifically investigates three areas. First, the Child Support (Pensions and Social Security) Act 2000 (CPSSA). Second, an unusual case concerning IVF at a licensed clinic where a decision failed to be made about parental responsibility (Re D [2001]; Re R [2001]). Finally, the recent Department of Health (2002) consultation exercise on donor anonymity. Drawing upon Parker's (1992) theoretical discussion about the significance of rights and utility to family law, the article will show that although there is evidence of a child's right to know in private familial disputes, this right is not approached consistently across family law. In respect of the government's recent consultation paper on donor anonymity, it will be argued that the child's right to know is subordinated to a utility approach. The article will recommend that the government should take the radical step of reforming law on donor anonymity to allow donor children the right to know their genetic progenitor.

Development of Family Law in Western and Eastern Europe: Common Origins, Common Driving Forces, Common Tendencies

An analysis of the historical development of family law in Europe allows for a reevaluation of the argument that harmonization and unification are unfeasible because of unbridgeable historical and cultural differences between the European countries. Between the Gregorian reforms and the Reformation, the family law of Europe was mainly uniform canon law. There were two very similar systems of canon law, the Catholic and the Orthodox. The development of family law from the end of the Reformation until today can be seen as the gradual abandoning of concepts of canon law. Although this process was essentially the same in all European countries, it did (and still does) not take place simultaneously. The major differences between the current family laws of the European countries can be considered to be differences in the timing and extent of the said process.

Dynastic Bluff? The Road to Mielnik, 1385–1501

This article views the act of Union issued at Mielnik in 1501 in the longue durée of Lithuano-Polish relations from 1385/86. It stresses the need to treat the dynastic aims of Jogaila and his son Casimir seriously, regarding the thrones of Lithuania and Poland within the context of developments in family law and inheritance in the Grand Duchy and the Kingdom in the fifteenth century. Textual echoes are noted between a ‘union’ agreement outlined ca. 1453 and the Mielnik document.