Marriages End Research Articles

Pemeliharaan dan Pembiayaan Nafkah Anak Pasca Perceraian (Studi Kasus Putusan Nomor 590/Pdt.G/2019/PN.Bks)

Child care involves both parents, namely the father and mother, as parties who have responsibility for their children, even though some marriages end in divorce. This research aims to find out and examine how maintenance and financing of maintenance for children after divorce occurs according to statutory regulations. Child care after divorce is regulated in Law Number 35 of 2014 concerning Child Protection and Law Number 1 of 1974 concerning Marriage. The research method used is a normative or doctrinal juridical type, namely research that refers to legal norms contained in statutory regulations and norms that apply in community life. The research results in decision number 590/Pdt.G/2019/PN.Bks show that fulfilling children's maintenance after their parents' divorce has not gone completely well. This is because the ex-husband, after officially divorcing, no longer carries out his obligations. The conclusion in this problem is that child support is still not being met and it is necessary to establish an official institution so that there is supervision over the provision of child support after divorce, whether it has really been carried out in accordance with the governing law.

Local and long-distance migration among young people in rural Malawi: importance of age, sex and family.

In sub-Saharan Africa, migration of young people is common and occurs for a variety of reasons. Research focus is often on international or long-distance internal migration; however, shorter moves also affect people's lives and can reveal important information about cultures and societies. In rural sub-Saharan Africa, migration may be influenced by cultural norms and family considerations: these may be changing due to demographic shifts, urbanisation, and increased media access. We used longitudinal data from a Health and Demographic Surveillance Site in rural northern Malawi to present a detailed investigation of migration in young people between 2004-2017. Our focus is on the cultural effects of gender and family, and separate migrations into short and long distance, and independent and accompanied, as these different move types are likely to represent very different events in a young person's life. We use descriptive analyses multi-level multinomial logistic regression modelling. We found two key periods of mobility 1) in very young childhood and 2) in adolescence/young adulthood. In this traditionally patrilocal area, we found that young women move longer distances to live with their spouse, and also were more likely to return home after a marriage ends, rather than remain living independently. Young people living close to relatives tend to have lower chances of moving, and despite the local patrilineal customs, we found evidence of the importance of the maternal family. Female and male children may be treated differently from as young as age 4, with girls more likely to migrate long distances independently, and more likely to accompany their mothers in other moves.

Opțiunea părinților divorțați asupra funcționării specifice a personalității propriului copil

American statistics estimate that every second registered marriage ends in divorce! Namely, the issue of divorced parents and the relationship with their children is addressed in this article. The psychological analysis regarding the researches of divorced families, of the existing relations between the resident parent and the child is reviewed. Parents often do not intuit what emotional disturbances the child goes through, what sufferings grind the child’s personality and what personality patterns settle in the minor person. In this context, the HiPIC - Hierarchical Personality Inventory for Children test was applied in order to evaluate the opinion of the parents (resident parent and parents with organized family) about their child, namely to reflect on the concrete and observable behaviors of the child. The sample of children 9-12 years old and their parents was selected, and by means of the HiPIC test and statistical processing, five dimensions of the specific functioning of the child’s own personality were highlighted.

"Boyish as a Ganymede": Greek Love and the Erotic Experiment in Jude the Obscure

Abstract: This article demonstrates the importance of Jude the Obscure's Oxford setting to Thomas Hardy's project of writing a novel of maturation that refuses to conclude with successful reproduction. Linking the character of Sue Bridehead with Hardy's interest in writing about Greek love by Oxford graduates, I show how Jude's coupling with Sue incites intellectual exploration rather than the reducing development to the ends of reproductive marriage or professional achievement. To narrate the effect of Sue's tutelage, I show, Hardy derails the novel's teleological progression in favor of a pastoral mode made possible by spaces where the couple can safely practice non-marital sexuality. By way of conclusion, I position Jude at the start of a queer pastoral tradition in British fiction in which setting is formally significant because of its historical significance to the sustainability of sexually nonnormative lives.

Keadilan Distributif Atas Pembagian Harta Bersama yang Digunakan Sebagai Sompa Perkawinan Bugis Secara Sepihak

Joint assets are in the continuity of marriage until the marriage ends due to divorce, death, or because of a court decision, as well as the end of the marriage as regulated in Article 38 of the Marriage Law. Joint assets give the impact that ownership is jointly owned by husband and wife. The purpose of this study is to analyze the application of the theory of distributive justice to the division of joint property that is used as sompa unilaterally in Decision Number 276/Pdt/2020/PT Mks. Through legal research with normative juridical research methods, the following research is produced. In terms of the theory of distributive justice, the distribution of joint assets used as dowry sompa unilaterally with a portion of ½ for men and ½ for women do not fully contain the value of justice, because in this distribution it is necessary to consider the size of the business of the parties in the acquisition of the assets so that the parties get rights based on what they earn.

When Marriage Ends: Differences in Affluence and Poverty Among Older Adults in Israel

Studies show that the economic benefits of marriage carry over into old age and that widowhood and divorce have detrimental economic consequences, especially for women. This study asks how affluence and poverty are affected by the timing of widowhood and divorce and tests whether they operate in symmetry. The study draws on Israel’s annual Social Survey from multiple years (2013–2017), conducted by Israel’s Central Bureau of Statistics. The sample is limited to older individuals, aged 55+ (n = 4824 men, 5643 women). The findings show that married people are less likely to be poor than unmarried people, but they are not always more likely to be affluent. Widowed men and women, and divorced men are more likely to achieve affluence than continuously married couples. The explanation may be that, in the Israeli context, the widowed tend to inherit benefits accumulated by their late spouse, whereas the divorced tend to divide resources when the marriage dissolves. Women incur higher and longer-term penalties for their change in marital status than do men, so that previously married women tend to have higher rates of poverty and lower rates of affluence than previously married men. The findings show that affluence and poverty do not operate in symmetry and that affluence does not simply mirror poverty, especially among men. For example, early widowed and late divorced men have higher odds of both poverty and affluence than married men. These findings demonstrate that poverty and affluence operate differently and examining both leads to new insights.

Közös vagy kizárólagos szülői felügyelet?

Nowadays, as long as parents live together, it is usually not disputed that they jointly exercise their parental rights over their child. It was not so clear before. Before the Family Law Act entered into force in 1953, fathers had additional rights compared to mothers, as long as they raised the child in a joint household. After the breakup of the relationship, strict rules determined which parent was entitled to exercise parental custody rights. When making its decision, the court placed particular emphasis on the sex and age of the child, as well as which parent’s fault led to divorce. In the second half of the 20th century, the rights of parents were equalized, but after the end of marriage, it became natural for a long time, that mothers should raise their children alone. Following the amendment of the Civil Code the joint responsibility of the parents in raising the child is now of paramount importance, and the enforcement of the child's interests is becoming more and more important.

Sin as Intellectual Evil: Refusal of Insight in the Contemporary Debate on the Ends of Marriage

Abstract This paper focuses on the possibility of sin as intellectual evil as operative in the contemporaneous culture in the debate over the essential nature of marriage and the accomplishment of the ends of marriage. It presents an account of theology as a science and the application of this understanding and its canons of operation to the issues presented in two recent documents—the Statement of the Wijngaards Institute for Catholic Research and the Affirmation of the Church’s Teaching on the Gift of Sexuality, each of which addresses the encyclical Humanae vitae on the occasion of its 50th anniversary. The paper concludes with an examination of the essential nature of marriage to guide the fulfillment of its ends now described as intrinsic/essential and intrinsic/contingent.

A Cognitive Behavioral Family Therapy Approach: The Impact of Divorce on a Hispanic Adolescent with an Eating Disorder

Each year, millions of marriages end up in divorce which can cause teenagers to experience multiple physiological and psychological issues. Cognitive Behavioral Family Therapy (CBFT) has become increasingly popular among family therapists in recent decades, who utilize it either as a stand-alone technique within a system perspective or integrated into other approaches with couples and family therapy. There is a gap in the literature regarding the utilization of CBFT to a divorced family of Hispanic/Latinx descent with an adolescent who developed an eating disorder. The overall aim of this article is to provide insight for marriage and family therapists (MFTs), other mental health professionals, professors/teachers, researchers, and virtually everyone. The researchers hope to provide the ability to conceptualize eating disorders in a way that promotes empathy, compassion, and awareness. Barriers unique to Hispanic/Latinx families, clinical implications, and future directions will be discussed.

Transforming Girls: The Work of Nineteenth-Century Adolescence by Julie Pfeiffer (review)

Reviewed by: Transforming Girls: The Work of Nineteenth-Century Adolescence by Julie Pfeiffer Anne K. Phillips (bio) Transforming Girls: The Work of Nineteenth-Century Adolescence, by Julie Pfeiffer. UP of Mississippi, 2021. Drawing on her own reading history, her devotion to nineteenth-century girls' books, overseas research opportunities, and her affinity for German texts and German culture, Julie Pfeiffer offers an analysis of the "Backfisch" tradition of girls' books that will have broad appeal. While Backfisch books offer conventional endings and patriarchal, heterosexual constraints, they nonetheless delineate space within female adolescence where heroines may explore beyond their familial boundaries, benefit from the protection and wisdom of female mentors, and learn habits, skills, and conventions that will enable them to succeed in their adult lives. These books center and respect the adolescent girl, emphasizing the value of her coming-of-age process. Neither family stories nor orphan stories nor bildungsromane, Backfisch books "reveal another strand in the development of the girls' book, one in which girls are loved, protected, and expected to function independently of parents and siblings" (12). Pfeiffer focuses on eight novels published between 1853 and 1885, four German and four American, with Louisa May Alcott's An Old-Fashioned Girl (1869), Susan Coolidge's What Katy Did (1872), and Johanna Spyri's Heidi (1880/1881) perhaps the most well-known by twenty-first-century readers. In them, she finds "a context from which we can recover understudied early novels for girls, novels that portray adolescence not as a space marked by hormonal distress and social alienation, but as a period that is solemn and significant" (43). In her first chapter, "Defining the Backfisch," Pfeiffer delineates the genre's protagonist. Drawing from G. Stanley Hall's reference to the Backfisch in his essay on "The Budding Girl" (1909) as someone who is "no longer a little girl, but by no means yet a young woman, … something quite unique and apart" (42), Pfeiffer finds it helpful to draw from German language and German conceits because English "lacked a popular and consistent term for female adolescence until the beginning of the twentieth century. German texts name both the adolescent girl [the Backfisch]… and her short but crucial period of development [the Backfischzeit], … calling our attention to a shared German-American generic structure in girls' fiction of the 1850s, '60s, '70s, and '80s" (43). The texts used to exemplify Pfeiffer's argument in [End Page 199] this chapter include two German novels, Clementine Helm's Gretchen's Joys and Sorrows (1877 translation of an 1863 text) and Eugenie Marlitt's Das Heideprinzesschen (1871), translated in 1872 as The Little Moorland Princess, along with two American novels, Elizabeth Prentiss's The Flower of the Family (1853) and Alcott's An Old-Fashioned Girl (1869). Pfeiffer sketches the way that the heroines in these texts are given opportunities to focus on development toward "a mature identity" (36). Pfeiffer must provide enough summary of these novels that are to varying degrees unfamiliar to twenty-first-century readers to promote her argument. In some cases, more context would be welcome, and there could be more cohesiveness between chapters. And readers who do know the texts might want to quibble with Pfeiffer's readings. Might Alcott's Grandmother Shaw, for example, play more of a role as mentor than Pfeiffer acknowledges? Such responses indicate that Pfeiffer's argument is engaging and accessible, and that readers have the tools to be able to find their footing within the discussion. Chapter 2, "The Romance of Othermothering," "examines mothering as a communal enterprise, drawing on the Black feminist concept of 'othermothering' to explore how the Backfisch encounters support outside of the home" (36). These novels end in heterosexual marriage and motherhood, but prior to their conclusions, "the romantic focus is on relationships between women" and men "are peripheral or absent" (65, 66). Generally, mothers are also absent, placing the Backfisch under the care of nonbiological female mentors (66), a trait that Pfeiffer traces back to Sarah Fielding's The Governess (1749). The Backfisch's "emotional connections, her gift giving, and her sense of finding a place in the world," then, "are tied to relationships with other girls and women" (67...

The Consequences of Contract Marriage Law on the Position of Wives, Children, and Wealth in the Perspective of Islamic Law

<p align="justify">This article discusses the highest factors that hinder the settlement of property disputes. The legal status of contract marriages according to Islamic law, a marriage is said to be valid if it meets the requirements for a valid marriage and is carried out according to religion and belief, this is based on Article 2 of Law Number 1 of 1974 and Article 4 Islamic Law Compilation. Or in other words marriage is legal according to Islamic law if it fulfills the marriage requirements. The legal status of contract marriages in an unregistered marriage when viewed from Law Number 1 of 1974 concerning marriages does not have permanent law, because contract marriages are a form of marriage that is not registered so that it cannot be proven by an authentic certificate in the form of a marriage certificate. In this writing, the author uses a normative research method in which this method is a legal research method that is carried out by examining library materials or secondary data. Legal arrangements for contract marriages (mutah marriage) in the perspective of the Marriage Law are illegal marriages and have no legal force, as a result the contract marriage law for the position of wife and children is that the wife must carry out all obligations as a wife and child status. who was born illegitimate, because the marriage of his parents was not recorded in a legal marriage. If the marriage ends in a contractual marriage, there is no distribution of assets, even though assets were produced during the marriage. In addition, there is no inheritance right from the contract wife to the contract husband.</p>

THREE TALAQ AT ONCE IN DIVORCE ACCORDING TO THE UNDERSTANDING OF HADITH

Marriage life is a goal that is highly prioritized in Islam. However, at a time in human life when it is impossible to continue a close relationship with one's partner, then what is the goal of marriage ends in the middle of the road and divorce occurs. This research This research is a type of library research. Data sources are fiqh books, books, and studies in various media that discuss triple talaq at once. The data analysis technique in this research is qualitative with deductive reasoning, namely a thinking method that applies general things first to be connected in specific parts. Triple talaq is a type of talaq that cannot be referred to and cannot be remarried unless the marriage takes place after the ex-wife marries someone else and then a ba'daldukhul divorce occurs and the iddah period ends. In Jurisprudence, if the husband has uttered the word talaq even outside the court against the wife then it is said that talaq has occurred. Triple talaq at once, when viewed in the current context, tends to be less relevant, because the current talaq must go through a judicial process and procedure.

Przyczyny i konsekwencje rozbieżności rozumienia przymiotu nierozerwalności małżeńskiej w prawosławiu i katolicyzmie

The proposed topic is extremely timely in an era of debate over the possibility of allowing divorced persons who have remarried to receive Holy Communion. In this regard it is worth examining the causes and consequences, which are still present in the canon of the Catholic Church, with a different understanding of the attribute of marital indissolubility. While in fact the Catholic Church and the Orthodox Church agree on the teaching of the sacraments, including the teaching of the sacrament of marriage and its attribute of indissolubility, in practice the understanding of indissolubility results in a different use of canon in both Churches. The reason is primarily a different interpretation of the so-called Matthew clause. Hence, in the East, St. Basil the Great in some way allowed the practice of penance for divorced people who remarried. While his teaching on marital indissolubility is clear, the same cannot be said for the explanation of the discipline he recognizes. Interpretation of the individual principles described by St. Basil, causes many difficulties. In the West, the most significant Church Father in this matter is St. Augustine, he synthesized the teaching on marriage while explaining the doctrine and practice to be followed. He did not omit the attribute of indissolubility and defined the relationship between a man and a woman before the end of the previous marriage as adultery. As a consequence of the differences in understanding of the attribute of marital indissolubility, there are clear restrictions in today’s canonical discipline in the Catholic Church, which must be observed in the case of some pastoral service towards an Orthodox person, whether in the case of a mixed marriage or for any other reason.

RE-THINKING FORFEITURE OF PATRIMONIAL BENEFITS WHEN A MARRIAGE DISSOLVES THROUGH DEATH

People marry for different reasons; some marry for love, companionship, the desire to procreate or social security; others just marry for money. The law should provide spouses that are innocent of any marital misconduct with financial protection at the end of the marriage. At the same time, the law ought to make sure that nobody benefits from a marriage that he or she has wrecked through marital misconduct at the expense of another. Section 9 of the Divorce Act 70 of 1979 seeks to achieve this by providing for forfeiture of patrimonial benefits. Over the years, our courts have clarified the application of this provision. However, some questions remain. Is it sufficient only to have regard to the duration of the marriage, the circumstances that gave rise to the breakdown of the marriage and substantial misconduct? Should our courts not look to other factors? Should section 9 not apply when a marriage ends through death under questionable circumstances? This article seeks to address these questions.

Hübsch, keusch und fruchtbar: Theologie der Ehe, Geschlechterrollen und Frauenbildung in volkssprachlichen Eheschriften des 15. und 16. Jahrhunderts – Ein Vergleich der Ehetraktate von Albrecht von Eyb, Martin Luther und Heinrich Bullinger

The implications of the Reformation on the roles of women in marriage and society, as well as the education of women, are currently diversely discussed. In this essay, three different vernacular theological texts are portrayed and compared. Those printed texts address married life and are written during the early modern era by men to the mixed-sex audience. During the early modern era, the Reformation brought changes to the legal and social order of marriage. Albrecht von Eyb’s Ehebüchlein from 1472 was a popular tract in its time and stands exemplary for a pre-Reformation view on marriage, gender roles, and the education of women. It is compared to Martin Luther’s Vom ehelichen Leben, one of Luther’s early writings on matrimony, written in the midst of the Reformation endeavors in 1522. The third text chosen for comparison is the tract Christlich Eestand, which was written by the reformed theologian Heinrich Bullinger in 1540, during the time when the new Ehegericht (marriage court) in Zürich has been established for fifteen years. The tract therefore stands exemplary for the consolidation period of the Reformation. The three tracts are compared in a chronological order along the contextual topics: institution of marriage in paradise, sexual ethics, fertility, Ehezwecklehre (the ends of marriage), the ideal man and woman, gender roles in marriage, and women’s education. The high regard the three authors hold for married life is rooted in the biblical story of the creation of Adam and Eve. In the area of marriage theology, gender roles and women’s education, too, there are (early modern) similarities, but also major and minor differences. Furthermore, the ideals of man and woman, sexual ethics, gender roles in marriage, and women’s education partly dependent (on the) different marriage theologies of Albrecht von Eyb, Martin Luther, and Heinrich Bullinger.

The Importance of the Teaching of Gaudium et spes for the Introduction of Dolus as a Ground for Marriage Nullity in the 1983 Code of Canon Law

The present essay is aimed to highlight the impact of the teaching of Vatican II, through the pastoral constitution Gaudium et spes, on the introduction of a new ground for marriage nullity, namely, dolus. In order to reach this aim, the essay provides a short presentation of the teaching of the 1917 Code of Canon Law. The essay emphasizes that in this code was stressed more the procreative end of matrimonial consent and less the importance of matrimonial love in giving consent. The 1917 Code of Canon Law had the advantage of offering juridic clarity on marriage, yet the disadvantage was that the legislation was very much removed from experience of most married members of the Church. To this disadvantage the personalist view of some theologians and canonists was to give equal importance to procreative end of marriage and to matrimonial love. The personalist proposal was accepted and included in the teaching of the Council of Vatican II, more precisely, in the pastoral constitution Gaudium et spes. The council eliminates the hierarchical ordering on the ends of marriage and it teaches that both ends are equally important for a valid marriage. The council stresses the importance of the love between the man and the woman for a valid matrimonial consent. The teaching of the council led to the introduction of a new ground for marriage nullity in the 1983 Code of Canon Law. In fact, according to the teaching of the council, the consent consists in the mutual giving and accepting of the spouses. When one of them is deprived of knowledge of an important quality of the other party by dolus, the mutual giving and accepting in consent is incomplete or truncated. Also, the partnership of life and love about which the council teaches is seriously disturbed in such a case. As a consequence, it was necessary to be introduced this new ground for marriage nullity in the 1983 Code of Canon Law.

Child Custody after Divorce (Case Study of Court Decision Number 242/Pdt.G/2019/PN.Tjk)

Marriage is the legally or formally recognized union of two people, a man and a woman, as partners who are physically and mentally bonded with the aim of forming a harmonious family or household. However, not all marriages last forever. When a marriage ends, divorce can occur. Divorce itself brings legal consequences, one of which is regarding child custody. Child custody after the occurrence of a divorce based on the provisions of Article 41 letter (a) of Law Number 1 of 1974 stipulates that both parents are obliged to continue to care for and educate their child for the benefit of the child and if there is a dispute regarding the control of the child, the court gives its decision. However, in reality a lot has happened in nurturing and educating child after the divorce, as in the case of Number 242/Pdt.G/2019/PN.Tjk.

“Sometimes Life Begins When Marriage Ends”: Hybridity and Female Empowerment in Adichie’s Purple Hibiscus and Americanah

This paper argues that the incorporation of aspects of multiples cultures in hybridity by African female postcolonial characters allows for an improvement in “women’s fallback position and bargaining power within a patriarchal structure, and, identify different causal pathways of change; material, cognitive, perceptual and relational” (Rahman 11). Hybridity, here, is the creation of new transcultural forms within the contact zone created by patriarchy and elements of misogyny. Considering the interwoven-ness of hybridity and feminism, this paper interrogates hybridity as empowerment, foregrounding the several ways female characters in Purple Hibiscus and Americanah have been able to appropriate hybridity to their advantage, to bring about more respect, satisfaction, sociopolitical freedom, and self-reliance for themselves. It does this using the phenomenological approach in tandem with Obioma Nnemeka’s conception of Nego-feminism and postcolonial notions of hybridity and identity as given by Gayatri Spivak and Stuart Hall.

“I Had Faith”: Migrant Women’s Use of Religion and Spirituality to Reframe Their Divorce and for Self- Reinvention

ABSTRACT Migrant women may find themselves highly isolated and marginalized if their marriage ends overseas. For divorcees who are religious or spiritual, drawing upon these belief systems can help them grieve the partnership loss while also planning for their post-divorce future. This article qualitatively examines the biographies of nine migrant women in Melbourne, Australia who constructively used their beliefs during and after divorce to reframe the precarity of their circumstances into ones of possibility. It finds that positive interactions with different forms of faith can be a valuable tool for female migrant divorcees to transcend their difficulties and begin life anew.

PENYELESAIAN SENGKETA HARTA BERSAMA DALAM PERCERAIAN PADA PENGADILAN AGAMA TANGGAMUS

Marriage is basically a bond of love between a man and a woman who are expected to live together until the end of their lives, but not all marriages end happily. Some marriages end in divorce based on the couple's inability to reconcile. One of the impacts of divorce is the emergence of joint property disputes. The purpose of writing this thesis is to find out the provisions for resolving joint property disputes in divorce at a religious court and to find out the basis for judges' considerations in deciding disputes on joint property case No. 0308/Pdt.G/2018/PA. Mr.This study uses normative juridical and empirical juridical research methods. The data were obtained through the literature and the results of interviews with Maswari as a judge at the Tanggamus Religious Court and analyzed using qualitative.The results of the research show that the provisions for resolving joint property disputes in divorce are the authority of the Religious Courts based on the provisions of Letter (a) point 10 Explanation of Number 37 of Law Number 3 of 2006 concerning Explanation of changes to Article 49 of Law Number 7 of 1989 concerning Religious Courts and in provisions regarding dispute settlement are prioritized through peace in the mediation stage, if there is no peace agreement then it will proceed to the main case according to procedures in the Civil Procedure Code and the basis for consideration of judges in deciding disputes on joint property case No. 0308/PDT.G/2018/PA. Tgm., dividing joint assets in the form of assets in the form of land and buildings, rental proceeds of joint property assets, business assets and assets in the form of debts of each party, both the Plaintiff and the Defendant, receive a half share based on the provisions of Article 97 of the Compilation of Islamic Law.