Family Law Issues Research Articles

The Love Jones Cohort and singlehood are family law issues

AbstractThis article reviews the changing Black family and households. The core theme is to understand the uniqueness of those single and living alone in the Black middle class—the “Love Jones Cohort”—and how their intersecting identities of race, class, gender, and singleness inform their lifestyle, shape how they manage life decisions, and their relationship to policy as well as family law and family court. This essay moves beyond the popularized and omnipresent inquiry: “Why are Black women not getting married?” or “Why are there so many single professional Black women?” This line of questioning throws the spotlight squarely on Black women's individual dating practices, while often ignoring structural factors that undergird those decision‐making processes. It implies that because of the individual actions of the Love Jones Cohort, specifically Black women, they are somehow at a deficiency if they are not married and child‐free, rendering them invisible as a family. This article discusses the legal implications of the presence of the Love Jones Cohort.

Introduction to the special issue: LGBTQ+ issues in family law

Introduction to the special issue: <scp>LGBTQ+</scp> issues in family law

Between Sharia, Gender, and Science in the Construction of ‘Iddah: The Response of Banyumas’ Ulamas

The development of science necessitates changes in various issues of human life, including matters of family law. One of the family law issues that often sparks debate is the issue of 'iddah. One of the reasons (reason) often found in the discussions of scholars is to ensure the cleanliness of the uterus from the fetus. If this argument is used as the main basis, it is refuted by the development of medical technology, which can ensure the cleanliness of the uterus in a relatively short time. Likewise, from a gender perspective, because the owner of the womb is only a woman, it cannot be exchanged. This study aims to analyze the extent to which Banyumas’ Ulama views respond to the development of science and gender discourse in the context of family law. This research is empirical legal research, analyzing the responses of Banyumas scholars. Researchers collected data from scholars who came from different religious organization backgrounds, namely Nahdlatul Ulama, Muhammadiyah, and al-Irsyad. These three are the organizations with the most followers in Banyumas. Banyumas became the locus of this research because there is a view that egalitarian principles are living values in society, as described in the chronicle historical texts (babad). The study concluded that the responses of the Banyumas Ulama were divided into two groups, namely textualists and semi-textualists. However, the semi-textualist group is more dominant among them. This research at the same time proves that the relationship between religion and science has not yet reached an integrative or even transdisciplinary level but is still at a dialogic level, and there is even a dualistic view.

Existence of Registered/Unregistered Marriage Clauses in Family Cards from a Family Law Perspective

&lt;em&gt;Family plays a central role in maintaining the stability and continuity of a nation, and marriage is the primary foundation for forming a legally recognized family. The Family Card records marital status and holds a crucial role in family administration and the legal rights of family members. However, practices in the field often do not align with the rules of recording marriages in the Family Card. This research aims to examine the influence of marriage clauses in the Family Card on the legal status of marriage from the perspective of family law, as well as its impacts in the social context. Using a normative legal research method, with a legislative approach and data from relevant legal documents, this study contributes to understanding and addressing family law issues in Indonesia while adapting to the diverse social and religious realities of the community. The research findings show that recording marriage in the Family Card has a significant impact from the perspective of family law in Indonesia. Recorded status in the Family Card provides legal certainty, better legal protection, and easier access to rights and benefits. Conversely, "Not Recorded" status can create legal uncertainty, obstacles in obtaining rights and benefits, and a higher risk of legal consequences in divorce and inheritance rights. The social impacts of the existence of marriage clauses recorded or not recorded in the Family Card are diverse. Recorded marriages create positive social recognition, family support, and easier access to social programs, while unrecorded marriages can result in social stigma, discrimination, and uncertainty regarding the rights of children born from such marriages.&lt;/em&gt;

Intentional Parenthood, Contingent Fetal Personhood, and the Right to Reproductive Self-Determination

This Article argues that intent should govern legal parenthood, regardless of the method of conception, the person’s biological or genetic relationship to the resulting embryo/fetus, or the person’s gender. This proposition is not new. This Article adds to scholarly discourse by extending the concept: Intent should not just determine parenthood, but also fetal rights. When a pregnant person establishes their procreational intent (or lack thereof) prior to birth, then both the existence (or lack thereof) of legal protections for the embryo/fetus and the gestator’s rights and duties (or lack thereof) should flow from this intent. Non-gestating gamete contributors would do the same, to different legal effect. Establishing intent-based parenthood would end automatic legal parenthood. It would also clearly condition most legal rights that a fetus might enjoy on its gestator’s intent, and support other rights on the intent of other gamete-contributors. The article proposes a normative framework for the conceptions of legal parenthood and legal fetal personhood under an intentional approach. It further offers some preliminary suggestions regarding how an intentional approach could solve some latent, thorny issues in bioethics, family law, and civil rights.

Contemporary Interpretation of Family Law Verses: A Study of the Interpretation of Ibn ‘Āshūr and M. Quraish Shihab

This study explores the evolution of contemporary interpretations of family law verses, focusing on the perspectives of Ibn Āshūr and M. Quraish Shihab, prominent mufassir with deep concerns about family law issues. Employing a qualitative library research approach, the study utilizes descriptive-analytical methods and content analysis, incorporating Hans-Georg Gadamer’s philosophical hermeneutic approach. Mansour Fakih’s gender analysis is also integrated to discern humanist values and gender equality in the interpretations. The findings highlight the construction of interpretations by both scholars, emphasizing moderate, humanist, and solution approaches. The study identifies factors influencing their interpretations and underscores their contributions to family law discourses, particularly in developing a non-sectarian, moderate method. Importantly, it notes the nuanced and humanist interpretation of gender equality influenced by academic and socio-political factors. Overall, the research supports the relevance of Gadamer’s hermeneutic theory in understanding contemporary interpretations.

2022년 가족법 주요 판례 평석

In 2022, the Supreme Court poured out notable rulings and decisions in the field of family law. As well as in 2021, there were several rulings on the claim for the Right to Legal Reserve of Inheritance. Most of all, there were a ruling that allowed a transgender parent to correct his or her gender in public records even if he or she has children who are minors. This ruling could be a reflection of the global trend of protection of sexual minorities. This article highlights eight key decisions relating to the important issues in Family Law. The eight precedents that are discussed in this article include: 1) Special profits for those who have given up inheritance; 2) Purpose and scope of application of Article 1008 of the Civil Act; 3) Responsibility for supervising minor children of parents who do not have parental authority after divorce; 4) Claim for Divorce by the Party who is responsible for the breakdown of the marriage relationship 5) Withdrawal of the Gift Effective upon Death 6) When an inheritor shall be deemed to have effected an absolute acceptance 7) Effect of Qualified Acceptance 8) The Change of Sex Designation of Transgender Parents with Minor Children Additionally, 7 cases were summarized and classified separately based on the other precedents of the Family Law issued in 2022. I hope to have an opportunity for a more detailed study in the near future.

Optimizing Family Law Counseling Through Social Media to Create a Legally Intelligent Society

Social media is currently used optimally by the public as a means of sharing information. No exception in terms of providing massive education. In the realm of law, increased education can be done through legal counselling. Increasing education is important because various studies have proven that high legal literacy can prevent legal problems, especially family law. Family law issues themselves are an issue in society, as evidenced by the high divorce rate in various religious courts, including the Religious Courts of Malang City and Malang Regency. Together with LBH Peradi Malang Raya, the servant optimizes legal counseling through Instagram and Tiktok social media, targeting Instagram and Tiktok user communities in Malang City, Batu City and Malang Regency. Servants compiled 9 (nine) legal educational videos with the theme of family law. Public enthusiasm is quite high in this video with a total of 33,035 views, 2,212 likes, and 169 comments.

Mapping of Responses to Tunisian Islamic Family Law Issues; Regulatory Study of Equal Inheritance Rights of Men and Women

This article discusses the issue of equal inheritance rights between men and women which has long been the subject of discussion in Islamic inheritance studies. It is interesting because the discussion focuses on the context of the Tunisia which is known to have a progressive positive law. This is reinforced by the existence of a draft amendment proposal to Article 146 of Majallah al Aḥwāl Asy Syakhṣiyyah (MAS) with the title Aḥkām Tata'allaqu bi at Tasāwiy fī al Mīrāṡ. This article aims to map the responses that emerged from the proposed amendment to article 146 of the MAS, the motivation behind the responses, and the implications for efforts to equalize the rights of men and women in inheritance in Tunisia. Comparative approach used in this article, which is supported by historical and political studies to deepen the findings. The death of Beji Caid Essebsi is considered the main factor in the stagnation of the legal process for the amendment of Article 146 MAS, in addition, the strong response from conservative groups who do not agree with the amendment also has a big impact. This is reinforced by the statement of the current government of Tunisa which tends to stick more to the principles of Conservative Fiqh and views the proposal as a violation of Islamic law (sharia).

Comparison Between Double Movement Theory and Nazariyyat Al-Hudud Theory on Polygamy Laws

The issue of polygamy is one of the issues in Islamic family law which still become a hot, interesting, and updated debated topic to be studied, either in the view of state law or a theme for discussion, under the different interpretations in understanding the verses of the Qur'an. The theme of polygamy has been discussed by scholars in the books of fiqh and their interpretations. But, their views that have developed so far tend to reinforce the opinion that polygamy is permissible based on the text of paragraph 3 of surah al-Nisa. The verse is a source of polemic interpretation, by both classical and contemporary scholars on answering the question of whether polygamy practice is permissible or not. This paper focused on two contemporary scholars, namely Fazlur Rahman and Muhammad Syahrur. They have their views on the polygamy law. This research was normative legal research, using the approach of ushul fiqh and comparative law. The study indicates that Fazlur Rahman, with double movement theory, interprets fairness as a condition for the permissibility of polygamy with love and not material things, such as fairness in physical services. Meanwhile, Muhammad Syahrur, with his boundary theory (nazariyyat al-?ud?d), interprets fairness as one's ability and obligation to look after, protect and raise orphans from polygamous widows. Apart from that, Syahrur also stated that the widow of being married in polygamy was a widow whose husband had died. The two theories have contributed new colors and the interpretation of Islamic law.

Early Marriage In Indonesia Islamic Family Law Perspective

Child marriage is a social phenomenon that is common in all places. This kind of marriage is like an iceberg phenomenon that appears a little on the surface, is rarely disclosed, but is commonly practiced in the wider community. Child marriage has become one of the most controversial issues in Islamic family law. Some scholars approve of the practice without disapproval while others do not. The substance of Islamic law is to create a better life for society today and in the future. If it is found that child marriage in contemporary society has caused many negative impacts, then this matter must be legally rejected.

Meziválečné osnovy OZ „pohledem žen“

The text does not intend to cover the legal position of women in the interwar drafts of a civil code in a complex manner, instead, it focuses on three different family law issues which were chosen to display how the views and demands of women were (or were not) reflected. As the authors of the recodification were exclusively men, the „women’s point of view“ is merely men’s vision of what the needs of women were. The three different issues are not directly linked, however, they show different approaches of the authors of the recodification.

Introduction: new directions, new voices in family law in India

In July 2019, select family law scholars from around India and the world gathered at the National Law School of India University (NLSIU) in Bengaluru, India to participate in a conference on ‘New Directions, New Voices in Family Law in India’ jointly sponsored by NLSIU, the University of Oxford Faculty of Law, and Melbourne Law School. The papers and presenters were diverse and the conference conversations were enthusiastic. As a result of this conference, four quite different but interlinked papers were eventually selected for inclusion in this special issue of the Indian Law Review. These papers bring much needed attention to neglected aspects of a wide range of contemporary Indian family law issues and move us beyond seeing Indian family law as necessarily about the constitutional dimensions of personal law and the nationalistic directions that these constitutional discussions have often taken.

AN OVERVIEW OF SELECTED MASLAHAH BASED FATWAS RELATING TO FAMILY LAW ISSUES IN MALAYSIA

Islamic law is primarily based on the Qur’an and the Sunnah of the Prophet (s.a.w). Due to the changes in place and time, there are occasions where new cases may not have clear and direct principles from the Qur’an and the Sunnah of the Prophet (s.a.w). Accordingly, solutions for new cases require the exercise of ijtihad and application of fatwa in establishing new rulings. This study deals with selected maslahah based fatwas on issues relating to family law in Malaysia. The study is undertaken in order to provide an overview on the issuance of maslahah based fatwa relating to family law issues, so that sound new rulings could be established for the benefit of the whole nation. Focus is made on fatwas that have been issued relating to child marriages, legitimacy of children and ascription of paternity, jointly acquired property and suckling relationships. In Malaysia, family matters fall under the jurisdiction of the state. Therefore, if a new case arises and it requires a legal opinion, a State based fatwa will be issued. The study adopts a qualitative research methodology based on available library-based materials. State fatwas are also referred to and examined. Finally, the article suggests improvements to the exercise of ijtihad and the issuance of fatwa in Malaysia.

AGENSI HAKIM PENGADILAN AGAMA BANGKALAN DALAM PEMENUHAN HAK ISTRI PASCA CERAI

The Bangkalan Religious Court report in 2019 stated that there were 1051 cases for judicial divorce, while 694 cases for talaq divorce. Based on the increasing number of divorce cases every year, the Religious Courts are required to be able to resolve Islamic family law issues in accordance with the sense of justice for the litigants. This research is a text-based study through reading court decisions from a gender perspective. This study aims to: (1) identify the implications of a legal divorce for the wife's rights after divorce; (2) Identifying the suitability of legal products in the Bangkalan Religious Court regarding the rights of wives after divorce with gender justice. This type of research is qualitative research with field research through data search in the Bangkalan Religious Court. The nature of the research is descriptive-analytic using a gender approach with indicators of maslahah, including: not based on stereotypes, does not result in marginalization, does not result in gender-based violence, is not based on subordination. The results showed that the legal product in the Bangkalan Religious Court regarding the rights of the wife after divorce was in accordance with the principle of gender justice because the judge sentenced the ex-husband to pay for the mut'ah or iddah income for the plaintiff based on the ex-officio rights of the judge and based on the request of the ex-wife on the petitum lawsuit and at the conference lawsuit.

Hak Asuh Anak Dalam Keluarga Perspektif Keadilan Gender

One of the crucial issues in family law in Indonesia that needs attention today is the issue of gender justice in family law, including post-divorce custody of children. This is due to the historical-empirical reality of family law that still places unequal status and roles between men and women. This article discusses how the provisions of child custody disputes in Islamic family law and how the legal provisions for post-divorce child custody have a gender perspective. Based on the above study it can be concluded; First, the legal provisions regarding child custody regulated in articles 105 and 156 are not gender responsive, this is because in determining that a person is given custody based on sex, not based on the aspects of morality, health, educating and caring for children, which in the end is for the realization of interests. the best boy. Second, aspects of morality, health, the ability to educate and care for children cannot be mastered and only owned by a certain gender, but all aspects can be owned by both men (fathers) and women (mothers).Keywords: Child Custody, Family Law, Gender Justice Abstrak:Salah satu persoalan krusial dalam hukum keluarga di Indonesia yang perlu diperhatikan dewasa ini adalah persoalan keadilan gender dalam hukum keluarga, termasuk hak asuh anak pasca perceraian. Hal ini dikarenakan kenyataan historis-empiris hukum keluarga masih menempatkan status dan peran yang tidak setara antara laki-laki dan perempuan. Artikel ini membahas tentang bagaimana ketentuan sengketa hak asuh anak dalam hukum keluarga Islam dan bagaimana ketentuan hukum terhadap hak asuh anak pasca perceraian perspektif gender. Berdasarkan kajian diatas dapat disimpulkan; pertama, ketentuan hukum tentang hak asuh anak yang diatur dalam pasal 105 dan 156 tidak responsif gender, hal ini dikarenakan dalam menentukkan bahwa seseorang diberi hak asuh berdasarkan jenis kelamin bukan berdasarkan aspek moralitas, kesehatan, mendidik dan memelihara anak yang pada akhirnya adalah demi terwujudnya kepentingan anak yang terbaik. Kedua, aspek moralitas, kesehatan, kemampuan mendidik dan memelihara anak tidak bisa dikuasai dan hanya dimiliki oleh jenis kelamin tertentu akan tetapi semua aspek dapat dimiliki baik kaum laki-laki (ayah) maupun kaum perempuan (ibu).Kata Kunci: Hak Asuh Anak, Hukum Keluarga, Keadilan Gender

Valuation and Service Trusts

The oblique nature of control over assets of a trust has always been challenging when personal asset distribution is at issue. This is no more apparent than in the context of Family Law. Complex organisational arrangements may make sense when considering tax planning or asset protection strategies, however, they may present difficulties for the application of sections 79 and 75 of the Family Law Act 1975. Specific difficulties are experienced when dissecting the economic structures of professionals, where the issues of professional and business intangible assets and tangible assets are held within service trust structures, intertwined with personal professional wages, incorporated professional entities, professional distributions and family distributions. Service trust arrangements have become popular for Australian professionals, such as, doctors, accountants, lawyers and engineers due to their tax effectiveness which passed the court’s test in the 1978 case FCT v Phillips. The Australian Taxation Office (ATO) has issued ‘safe harbour’ rules for the operation of service trust arrangements which may provide some, in principle, assistance to Family Law decision making. This paper investigates the Family Law issues with respect to partner distributions where a service trust structure is in place. In this regard, the paper considers the business structuring concepts including the rights and roles of those associated with trusts, particularly the exercising of control. Secondly, the paper reviews the courts decisions with respect to looking through business trust structures with reference to the reasoning expressed in past judgements. Finally, the paper considers the Family Law distribution effects of tangible and intangible assets when professional services are encased within a Philips Trust type structure. This paper should be of interest to those involved, or potentially involved, in Family Law asset distribution. Specifically, legal and professional advisors, such as lawyers, accountants and valuation professionals. The paper’s objective is to assist in clarifying the complex issues of understanding business structures underpinning the transaction based cash flows between entities and their potentially intertwined equity.

THE 2017 AMENDMENTS TO THE LAW REFORM (MARRIAGE AND DIVORCE) ACT 1976: A MILESTONE OR A STONE’S THROW IN THE DEVELOPMENT OF MALAYSIAN FAMILY LAW?

The Law Reform (Marriage and Divorce) Act 1976 (LRA) which was passed in 1976 and came into force on 1st March 1982, standardized the laws concerning non-Muslim family matters. Many family issues concerning non-Muslim have emerged ever since, the most important being the effects of unilateral conversion to Islam by one of the parties to the marriage. There has been a lot of public hue and cry for amendments to be made to the LRA. After much deliberation, the Malaysian Parliament finally passed the amendments to the LRA in October 2017, which came into force in December 2018. Although the amendments have addressed selected family law issues, the most important amendment on child custody in a unilateral conversion to Islam was dropped from the Bill at the last minute. Howsoever, at the end of the day, the real question that needs to be addressed is whether the amendments have resolved the major issues that have arisen over the past four decades? Hence, the purpose of this article is as follows: first, to examine the brief background to the passing of the LRA, secondly, to analyse the 2017 amendments, thirdly, to identify the weaknesses that still exist in the LRA, and finally, to suggest recommendations to overcome these weaknesses by comparing the Malaysian position with the Singaporean position. In conclusion, it is submitted that despite the recent amendments to the LRA, much needs to be done to overcome all the remaining issues that have still not been addressed.

Arrangement and Dynamication of Family Law Updating in Indonesia

In Indonesia, family law is well regulated in law or government regulations. In this case, with the increasingly complex family law issues supported by divorce rates, which reached 398,245 in 2015, then in 2017, it increased to 415,898, and with the development of science and technology, so many problems arise both in terms of muamalah or family law itself. For this reason, structuring is needed through legal reform that makes it follow what is needed by the wider community. Starting from this, this paper will discuss the arrangement of Islamic family law and the dynamics of family law reform in Indonesia. This study aims to provide an overview of the arrangement of Islamic families and Islamic family law reform in Indonesia. This paper uses qualitative research methods that are library researching. The data in this article was obtained from books, journals, articles, magazines related to the structure and dynamics of family law reforms in Indonesia. After the data is collected, the writer analyzes with data analysis techniques, namely data reduction, data presentation, and concluding. The results of the study show that the structure and dynamics of family law in Indonesia, when viewed in the context of Islamic law reform, reveal a unique and problematic portrait of reform. It is said so because Indonesia applies three legal systems, namely customary law, Islamic law, and Western law.

Legal Knowledge Management System on Family Law for Society

Introduction to The Problem: Until 2018, the problem in the realm of family law (marriage and inheritance) were the highest problems faced in religious courts. Through the Community Program for Women and Children Care (Madupria), the family welfare movement of Sumbersekar Village (PKK Desa Sumbersekar) wants to help in speaking out about the family’s legal problems that have been faced by the community in Sumbersekar village. Family legal issues in the community can be diminished if the community has good legal knowledge (intelligent legal). Nowadays, the current digital, legal collaboration, and information technology, should be utilized. One of the ways is through a legal knowledge management system, which will create a family legal savvy community in Sumbersekar village. Purpose/Objective Study: The purpose of this research is to perceive why family law problems occur in the village of Sumbersekar, and what kind of family law knowledge is needed, as well as modeling cases through a legal knowledge management system. Design/Methodology/Approach: This is multidisciplinary research that uses sociological legal research method, as well as using the method of research and development in the field of information technology. Findings: Family law issues in these cases are the rights and obligations of husband and wife and the distribution of inheritance. The causes of legal problems that happened regarding the rights and obligations of husband and wife are economic problems (10%), lack of education (20% lack of knowledge), poor communication (25%), and adverse environmental impacts (45%). In comparison, the problem of inheritance is caused by internal personal desires on controlling legacy (40%) and the lack of education/knowledge (60%). Whereas, the required legal experience to overcome these issues are family law and inheritance law is consisting of statutory regulations, judges’ decisions, and scientific articles.