Marital Disputes Research Articles

Managing marital disputes in Lebanese religious courts from a social work perspective: A study on the importance of family mediation offices in Lebanese Druze religious courts as a model

This study explores how marital disputes are managed in the Druze community's religious courts from theoretical and practical perspectives and analyzes the methods and mechanisms used to resolve marital conflicts. This study is categorized as a qualitative approach, as it is a descriptive exploratory study that relies on the phenomenological method to explore how marital conflict is managed in the religious courts of the Druze sect for the Monotheist community. This will be done through the study's theoretical framework and by conducting field interviews with the participants, such as social workers, judges, attorneys, and those going through marital problems. Through these interviews, we hope to learn more about their perspectives on handling marital disagreements and their experiences managing them in religious courts and identify alternative methods for resolving these disputes within the courts. The results of this study and recommendations can be utilized to develop a new strategy for managing marital conflict that aligns with needs and considers scientific standards. This study may help intervenors working with couples reevaluate how they handle disagreements.

African Broadcast Media Participation in Conflict Resolution and Peacebuilding: An Examination of Practices Across Nine Countries

ABSTRACT This paper draws on interview data from nine African countries and explores how the broadcast media participate in conflict resolution and peacebuilding in Africa. The study found that the media’s news and current affairs programs largely contributed to the resolution of various forms of conflict, including domestic and marital disputes, community conflicts rooted in history, and political conflicts. However, political influence manifested through ownership, control, and censorship; resource limitation and the lack of expertise to provide depth and accuracy to conflict reporting – conceptualized as the PER framework – influenced how media organizations mitigated conflicts. The study further identified public education as a key strategy employed in de-escalating conflicts.

The Role Of Values In Managing Marital Life And Its Disputes

The study aimed to explain the role of values in managing marital life and its disputes, by explaining their preventive and curative role in marital life. With examples of some values that embody these two roles in marital life. To achieve the objectives of the study, the researchers followed the descriptive and analytical approach. The study concluded that the values controlling the marital relationship cannot be deviated from the legal standard that justifies it. The role of values in marital life is also characterized by a comprehensive framework. It has a preventive and a therapeutic axis. In addition to the many types of values required in marital life and in managing the differences that mar marriage. Islam also urges spouses, through legal texts, to comply with every value that will ensure the balance of the marital relationship and maintain its stability. Such as affection, cooperation, justice, equality, understanding, and others. In addition to Islam's keenness on the sustainability of marriage by confronting the challenges it faces, it presents value standards as one of the most important remedial procedural steps in resolving marital disputes or dissolving the marital contract with the least negative consequences. Accordingly, the texts containing the provisions on divorce point out many of the values that should be resorted to in reforming the marital relationship. Such as the desire to fear God, the desire for reform, justice, and other values. In light of the results, the researchers recommend conducting rehabilitation courses for those about to marry, providing them with marital life management skills, and directing them to the necessity of values in protecting marriage from all its under-miners. Conducting more specialized studies on the values of marital life in light of different fields; Social, economic, administrative, and religious and others. Stimulating efforts to conduct field studies that measure the repercussions of values in marital life and their greatest impact on the stability of the marital institution. From the couple's point of view.

Settlement Disputes in Banceuy Traditional Village: Perspective of Customary Law and Islamic Law

In the realm of marriage, the indigenous community residing in the Banceuy Traditional Village still conducts Sundanese traditional ceremonies, despite marriages being conducted under Islamic law.There are times when the married life of these indigenous people experiences prolonged disputes. This research aims to examine the settlement of marital disputes in the Banceuy traditional village from the perspective of customary law and Islamic law. The approach method used in this research is normative juridical research. The research specifications used are descriptive analytical, namely by providing data or a description as accurately as possible regarding the object of the problem. Based on the research, it is concluded that the dispute resolution that is often adopted in the community order of Banceuy Traditional Village is known as babadan tenan. Dispute resolution by babadan tenan, in which the parties to the dispute will appoint traditional elders and/or hamlet heads to mediate disputes in a marriage relationship in the customary jurisdiction of Banceuy Traditional Village. Of course, this peaceful dispute resolution is known in Islamic law because Islamic law teaches the use of peacemakers similar to the practice of mediation in the Indonesian legal system.

The Effectiveness of Metacognitive Therapy on Relational Beliefs and Self-Differentiation in Couples with Marital Conflict

Background: Metacognitive therapy targets self-differentiation and relational beliefs by helping couples identify unhelpful thinking patterns that fuel conflict. By addressing these underlying cognitive processes, metacognitive therapy aims to improve both individual well-being and relational dynamics. Objectives: This research aimed to determine the effectiveness of metacognitive therapy in couples with marital conflicts attending the family court in Karaj city. Methods: The present study employed a semi-experimental design with a pretest-posttest and control group. The statistical population of this study comprised all couples applying for divorce who had sought divorce or marital dispute resolution at the family court in Karaj in the year 2023. A sample of 32 individuals (16 individuals per group) was selected through voluntary sampling, considering the study entry criteria, and randomly assigned to the experimental and control groups. Participants completed questionnaires on their relational beliefs and self-differentiation in the pretest and posttest stages. The experimental group underwent 16 sessions of 90-minute metacognitive therapy, while the control group received no intervention. Data analysis was conducted using analysis of covariance. Data analysis was performed using SPSS-27 software. Results: Metacognitive therapy significantly improved relational beliefs compared to the control group (P < 0.001). The experimental group's mean score increased from 85.19 (± 9.89) at pretest to 135.88 (± 11.91) at posttest, while the control group showed minimal change (pretest: 89.31 ± 7.99; posttest: 95.75 ± 16.94). Similar improvements were observed in self-differentiation scores (P < 0.001). The experimental group's mean score increased from 120.81 (± 8.88) at pretest to 173.50 (± 14.45) at posttest, compared to minimal change in the control group (pretest: 126.31 ± 7.40; posttest: 125.75 ± 11.06). Conclusions: The present study yielded significant findings that support the effectiveness of metacognitive therapy in improving relational and marital functioning. These results are promising, suggesting that metacognitive therapy may be a valuable intervention for couples experiencing marital conflict.

“The Problem is the Law and Women's Rights…” A Study of Marriage Practices in the Eastern Democratic Republic of Congo

In this article, I explore gender justice in relation to the sociolegal status of marriage practices and how women address marital disputes. My research is based on 9 months of immersive fieldwork in Uvira, Democratic Republic of Congo (DRC). The eastern DRC has experienced extensive interventions to prosecute sexual violence and advance women's rights. However, these interventions have tended to miss the complexity of gender dynamics and how rights and justice are understood and sought by women in their everyday lives. I argue that gender justice is a process rather than an end goal and that legal pluralism, and its hybrid manifestations, is a space where that process can unfold. Through prioritizing women's experiences of marriage and separation, I contribute to the scholarship that challenges simple narratives of gendered harms in “othered” contexts and highlight the flexible space of legal pluralism to develop dialogue, ideas, and practices of contextualized gender justice.

Abuse of Matrimonial Laws by Wife and Role of Judiciary in Preventing Cruelty Against Husband: An Analysis

Indian marriages are considered sacred and they are once in a lifetime affair. It is a social folklore which has countless practices and rituals and is supposed to be not only between two homoserines but popularly among two units of humans who are extra ordinarily involved. It is an affair where lots of favours are put forward. Lately, it has been observed that the couples experience incompatibilities and distress. Discontent between the couples is the only reason that divorce rate and separations have increased attributing to Economic, social and cultural factors. This has assisted to an unprecedented social calamity. Centers like family and other law courts plus counseling cells and police administration that are said to be responsible for restoring social justice are extremely milked and over burdened. This has led people to adopt the trending concept of live in relationships. It is a traditionally accepted and established fact that a man is always considered as a macho and is physically stronger than the women whereas on the other side women have an extended hand on mental strength. This caters to the need of protection of men from mental violence if women are protected from physical violence. It has become a notion that when it comes to domestic violence cases and marital disputes, the husband with his entire pedigree and companions are said to harass the bride and are sketched as needy of dowry. This concept has been grasped by the legal and social systems of India. In the orthodox Indian society women have been victimized traditionally this is the reason the social and legal systems are obsessed and extremely concerned to protect the women from violence. This obsession has led to ignorance of misuse of various laws by wife and her relatives falsely accusing and harassing the legal mate and his pedigree by levying untrue and baseless averments and also by soliciting provisions of Anti-Dowry law. The women centric laws are misused only for blackmailing sympathy and extortion. In the era of Article 14 of the Constitution there are laws for the safety of women who falsely or truly claim to be harassed but at the same time there are no safeguards against harassment which is caused by wife to their bridegrooms. When a husband turned accused fights for his innocence the corrupt system, the feminist organizations, the police and the courts reminds him of systematic bias. There are special women-centric laws that provide for the safety of women who claim to be harassed. However, there are no safeguards against harassment caused by wives against the husbands.

The Double-Edged Sword: Uncovering the Misuse of Section 498a Ipc by Women in Marital Disputes

The Double-Edged Sword: Uncovering the Misuse of Section 498a Ipc by Women in Marital Disputes

OPTIMIZING MEDIATION AS AN EFFORT TO SETTLE MARITAL DISPUTES IN COURT

This study discusses the Optimization of Mediation in the Resolution of Marriage Disputes in Court. Marriage is an essential event in human life as a legal and religious act. Along the household's journey as husband and wife, it is not uncommon for differences of opinion or principles between husband and wife to occur, which end up threatening the integrity of a marriage. Mediation as one of the Alternative Dispute Resolution (ADR) is seen as a humanist and equitable way of resolving disputes. Humanist because the decision-making mechanism (peace agreement) is the authority of the parties to the dispute and maintains good relations. Fair because each party negotiates options for resolving the problem. Divorce cases in religious courts are first required to be mediated; Mediation is carried out to resolve problems to reconcile the husband and wife. This study uses a normative juridical research method using a statutory approach that focuses on optimizing Mediation in the Resolution of Marriage Disputes in Court. The result of this study is that the optimization of Mediation in court cannot be separated in several ways, namely the Supreme Court, as part of law enforcement, which issued PERMA No. 1 of 2016 concerning mediation procedures in court, is the right step in resolving disputes, especially marital disputes. In addition, the role of competent mediators, cooperative parties, and reasonable legal culture.
 Keywords : Optimization, Mediation, Marriage Dispute

Частная жизнь татарской женщины дореформенной эпохи (на примере Мензелинского уезда)

The article restores the social and economic status of Tatar women based on documents of Orenburg Mokhammedan Religious Assembly (OMRS), state audit documents, acts of civil status, and journalistic materials of the 19th-early 20th centuries. The Menzelinsk Uyezd had class specifics and was a part of the military (canton) administration. The chronology of the article starts from the late 18th century and continues until the mid–1860s, due to the fact that at the time the state authorities approved certain laws on marriage and family life of Muslims of the Russian Empire: they changed the age of marriage and legalised inter-class marriages, the OMRS began to regulate marital disputes and inheritance cases. The author places the main focus on the marriage and family aspect of private life and includes many archival examples related to the Tatar women of the Menzelinsk Uyezd. Tatar women turned to OMRS when they needed a divorce or permission to remarry, etc. Women were independent subjects of Muslim and civil law, but they always acted with the support of their relatives. Images of Tatar women in the first half of the 19th century presented in publicistic works are a bit static. Russian authors described only the look of a Tatar woman, the cost of her clothes, accessories, etc. The Tatar view was focused on the composition of the woman’s family (to whom she was married, how many children she had). The article presents the biographies of three Tatar women from the Menzelinsy Uyezd: Kurypla Imanaeva, Gulbadar Akhtyamova, and Khasiba Arduanova. Each case illustrates the main trends in everyday life in the first half of the 19th century (military service problems, the cholera epidemic, etc.). The everyday objects played an important role in interpersonal relations and conflicts. At the same time, in the second half of the 19th century, the Tatar society had an ideal of not only a hard-working and religious woman, but also an educated woman.

Violent and Abusive Behaviour in Nineteenth-Century Marriage in Bohemia

The study focuses on the conflictual, abusive relationships between spouses in the second half of the long nineteenth century in Bohemia. We will trace the ways in which constructions of masculinity and femininity in the past have influenced the possibilities for perpetrating violence and how offenders have defended their behaviour. The children were also part of the conflicts and sometimes displayed problematic behaviour. In addition to the judicial apparatus, marital disputes also involved town parish priests, and families, possible witnesses in cases of marital divorce. We will also focus on using gender-related swear words during the conflicts.

A Theoretical Analysis of Marital Disputes from a Sociological Perspective

One of the main tasks of marriage life is to achieve security and psyche stability, and this will happen when both of spouses support each other in confronting the problems of life and supporting in filling their needs. Then, in their relationships, the harmony of marriage will be reflected for achieving their life goals. On the contrary, when they are incompatible, a negative feeling arises among spouses towards each other, perhaps they will act against each other and acting contrary to each other's desires and wishes. Eventually, conflicts between spouses arise and the problems become more complex to reach the level of argument, anger, quarrel and use of violence (psychologically, physically, and orally). In this undesirable situation, wise thinking and the ability to communicate healthily will be disabled, and the bad reaction of anger closes the door of dialogue and understanding. Although, the conflict between spouses is a natural and inevitable issue, even it is the mark of family life, but if spouses are unable to manage and organize it, it will lead the future of the family to a dangerous point till arriving the point of divorce. In which, spouses and children themselves are the victims of this conflict.

Problems of Social Media and Their Relation to Family Disintegration: Perspectives from Families in Northern Jordan

Objectives: This study investigates the relationship between social media (SM) and family disintegration from the perspectives of Jordanian families in Irbid city, located in the north of Jordan. It explores this relationship in light of various variables, including gender, age, family's monthly income, and educational level.
 Methods: The study sample consisted of 294 fathers and mothers randomly chosen from Irbid city. A questionnaire was used as a means of data collection.
 Results: The study revealed that 63.6% of the sample confirmed a strong relationship between social media and the increasing cases of family disintegration in Jordanian society. Additionally, 50.7% of the participants reported the occurrence of family disintegration cases within their social environment. The participants believed that social media has contributed to higher divorce rates, marital disputes, domestic violence, spouse desertion, and poor marital and family relations. They also identified social media as a source of family instability, citing its role in generating conflicts within families, facilitating sexual deviations among children, promoting unhealthy marital relationships, contributing to children's disobedience towards their fathers, increasing rates of marital infidelity in both women and men, and undermining the moral and value system of Jordanian families.
 Conclusions: The study concluded that there were no statistically significant differences in the effects of social media on family disintegration based on gender, family's monthly income, and educational level. The study recommends raising awareness among families and society about the potential dangers associated with improper use of social media platforms.

Polygamy and the porous state: reconstituting gender in the everyday life of Muslim law

Recent scholarship on alternative dispute resolution forums has shown how the gendered ideology of the state is reproduced in these forums. These forums are said to consolidate the public-private divide and constitute the heterosexual, monogamous family as an affective, nurturing unit that society needs to valorise. Based upon an ethnographic exploration of female litigants in two kinds of alternative dispute resolution forums – a women’s grievance redressal cell run by citizens’ groups and a women’s sharia court run by female Muslim activists in Mumbai – this article traces how women reconstitute gendered roles within the family and challenge the state’s gendered ideology as they navigate the porous boundaries of state and non-state law. It also brings to the fore the similar ways in which women negotiate marital disputes while negotiating state and non-state law in different kinds of alternative dispute resolution forums. Women focus on questions of economic security, property rights, and demonstrate a range of affects such as betrayal, disappointment, anger, and hurt as they navigate polygamous arrangements and creatively manoeuvre spaces of alternative dispute resolution. These gendered negotiations challenge a paradigm of reified gendered kinship roles based on a gendered division of labour in the heterosexual family.

Strategi Komunikasi Konseling Penyuluh Agama dalam Meminimalisir Perceraian di Kabupaten Aceh Singkil.

The purpose of this research is to analyze the causal factors and communication strategies of religious extension counselors to minimize divorce in Aceh Singkil District. This type of research is qualitative using an Islamic and sociological communication approach. The results of the study state that the factors that cause divorce: there is no harmony and responsibility; economic factors; education; moral crisis; presence of a third party; religious conversions; adultery; loveless marriage; domestic violence; underage marriage; ongoing quarrels and conflicts; developments or social media. Efforts to minimize divorce: planning marriage-age youth education, family counseling classes, and organizational meetings; guidelines for promoting sakinah families and resolving marital disputes; explain the laws of marriage in Islam; conduct counseling or premarital consultations; premarital courses as well as coaching for families and youth; carry out the sakinah family service center program (PUSAKA); fostering the activities of the taklim assembly or in certain recitations. The obstacles are: the location factor because it is too narrow in participating in fostering marriage and a sakinah family; the summary factor of the material and the time the guidance is delivered; the factor is the low education of religious instructors, the community still has an inherent understanding of customs; lack of training for religious instructors; there are still extension workers who do not master IT.

Investigating sexual problems and dissatisfaction of couples and its effect on marital disputes in Iran's subject law and judicial procedure

Aim: The purpose of this research is to examine the problems and sexual dissatisfaction of couples and its effect on marital disputes in Iran's subject law and judicial procedure. Methods: In this research, the researcher investigated the problems and sexual dissatisfaction of couples and its effect on marital disputes using a library-analytical method in the subject laws and jurisprudence of Iran. Results: It seems that if we consider the basis of the right to annul marriage in the sexual defects included in the mentioned legal articles, to prevent the entry of harm, hardship and embarrassment, these defects can be generalized to any sexual problem that causes harm and embarrassment to becomes a couple, but the application of the right to annul the sexual defects not allowed in the law depends on the inclusion of the condition describing the sexual health of the couple in the marriage contract. Therefore, it is necessary to include the description of the sexual health of the couple in the marriage contract. Conclusion: If the couple includes the condition describing the sexual health of the couple during the marriage contract, if it is found after the marriage contract that each of the spouses is suffering from a sexual disease or sexual weakness and impotence and the other party is ignorant of it at the time of the marriage, it is conditional. Creates the right of termination. According to the jurisprudence of the courts, the violation of the condition does not cause the right of termination, unless it is included in the marriage contract as an adjective condition.

Comparison of coping methods in marital disputes and the communication pattern of couples in married women with and without borderline personality

Objective: Numerous studies indicate the existence of fears, tensions, legal conflicts and traumatic interpersonal relationships and their subsequent low quality of life in patients with borderline personality. The purpose of this research was to compare the ways of dealing with marital disputes and the communication pattern of couples in married women with and without borderline personality. Method: The current research was a causal-comparative study and the participants were selecting by random available sampling method in Qom city in 2018, including 100 subjects and 50 individuals for each group, and among them, Leichsenring’s borderline personality questionnaire (1999), Revised Conflict Tactics Scale (CTS-2, 2004) and Communication Patterns Questionnaire (CPQ, 1984) were distributed. The obtained data were analyzed with SPSS software and univariate analysis of variance. Results: There was a significant difference between the marital discord scales and couples' communication patterns in women with and without borderline personality, with 99% confidence. Based on the obtained data, the components of the scale of marital disputes (injury, sexual abuse, verbal abuse, physical violence, mental violence) and the scale of couples' communication patterns in women with and without borderline personality, showed more than 47% of the effect, in women with and without borderline personality. Conclusion: The results showed that self-learning variables marital intimacy and job satisfaction positively and significantly affect marital adjustment.

Protecting the Best Interests of Children: A Critical Analysis of Child Custody and Divorce Proceedings in Nigeria under the Child Rights Act 2003

Purpose: This journal article is to analyse child custody and divorce cases in Nigeria emphasising the Child Rights Act of 2003. Design Methodology/ Approach: This study uses textual analysis including library sources, case studies, and government reports, to examine the difficulties that occur when children’s best interests are not taken into account in the course of custody battles within Nigeria’s legal system. Findings: It is obvious from the findings of this study that the Child Rights Act 2003, protects the rights and welfare of children during divorce processes. Nonetheless, practices and lack of means make it difficult to implement it. Original Value: The originality is seen through this paper’s ability to present useful information concerning Nigerian child custody and divorce processes. Moreover, it suggests some ways of improving child custody orders while at the same time implementing the Child Rights Act 2003. In Nigerian culture, this research helps us understand how we can protect children during marital disputes with its attendant problems as well as prospects

Comparing the effectiveness of McMaster's functional model and Gottman's cognitive-systemic model in marital conflicts and emotional divorce of divorce applicants

Aim: McMaster's functional model and Gottman's cognitive-systemic model in marital conflicts and emotional divorce of divorce applicants. Method: The current research method was a semi-experimental type with a pre-test, post-test and follow-up design. In this research, from the number of 85 couples who referred to the psychodynamic psychological interventions clinic due to marital disputes and divorce requests during the year 2020, according to the conditions of the research and with the available sampling method, 21 couples were selected as the research sample. They were randomly placed in three groups (experimental group 1, experimental group 2 and control group). Then, the first experimental group was trained in the McMaster model (Epstein et al., 1978) during ten sessions, and the second experimental group was trained in Gottman's systemic approach (Gottman, 2019) during ten sessions. The tools used in this research were Gottman's Emotional Divorce Scale (Gottman, 2008) and Marital Conflicts Questionnaire (Sanaei, 1996), which was used in three stages: pre-test, post-test and follow-up test (three months). Results: The findings obtained from the two-way analysis of variance test (mixed) showed that both therapeutic approaches used in the research (McMaster and Gottman) reduced emotional divorce (F=1598.03; P>0.001) and the reduction of marital conflicts (F=207.14; P>0.001) in couples, and on the other hand, in measuring the durability of the effect, which was followed up, both approaches showed positive results. In the estimation of Bonferroni’s post hoc test, it was found that there is a significant difference between the two approaches, and this means that the effectiveness of McMaster's approach in reducing emotional divorce as well as reducing conflicts between couples is higher compared to Gottman's approach. Conclusion: According to the research findings, counselors and psychologists are suggested to pay attention to McMaster's functional approach in working with couples requesting divorce.

Comparison of the Effectiveness of the Approach of Schema Therapy with Treatment Based on Acceptance and Commitment on Emotional Intelligence of Married Men and Women with Extramarital Relationship

Aim: This research was conducted with the aim of comparing the effectiveness of the schema therapy approach with the therapy based on acceptance and commitment on the emotional intelligence of married women and men with extramarital relationships. Methods: The current research was an applied research and in terms of the research method, it was non-descriptive and quasi-experimental with a pre-test-post-test design and follow-up with a control group. The current research population included married men and women with extramarital relationship who referred to four counseling and psychological clinics in Tehran in 12 months of 2019 and 9 months of 2014 due to marital disputes with their spouses and the disclosure of their extramarital relationship. Among the couples, 45 couples were randomly selected (23 women and 22 men who committed extramarital relations). The criteria for inclusion in the research included: being married, not pregnant, at least 25 and at most 60 years old, having minimal literacy, not having an acute psychological illness or problem, and registering written informed consent to participate in therapy sessions. In this research, the subjects were placed in three groups of Young’s (2003) schema therapy test, acceptance and commitment based test, and control test, and before and after the intervention, they completed Bar-On's (2000) emotional intelligence questionnaire. Data were analyzed using repeated measure variance. Results: The results showed that the intervention of the experimental schema therapy group (F=6.66, P=0.020) and the group based on acceptance and commitment (F=6.10, P=0.024) on emotional intelligence in the post stage The test is effective and this effect was stable in the follow-up phase; Also, based on the results of Tukey's post hoc test, there is no significant difference between the two groups of schema therapy approach and acceptance and commitment on emotional intelligence in terms of effectiveness. Conclusion: According to the obtained results, the approach of schema therapy and therapy based on acceptance and commitment is an effective approach to increase the emotional intelligence of married women and men with extramarital relationships.