Divorce Research Articles

Comparing Dowry System and Mahr: Cultural Practices Versus Ottoman Law in Turkish Matrimonial Traditions

Marriage, a social institution with various obligations and customs, involves legal responsibilities like dowry, alimony, and cohabitation. Traditional practices like bride price, gift-giving, breastfeeding rights, and dowry are deeply rooted in societal culture. This study focuses on dowry, a multifaceted concept encompassing personal and household items prepared for the bride and those she brings to her marital home. However, the distinction between these traditional customs and the dowry mandated by Islamic Law often must be clarified to avoid misconceptions and misinterpretations. This study aims to distinguish matrimonial practices’ religious and cultural origins and elucidate their distinctions. Islamic law mandates that the groom provides the dowry directly to the bride, contrasting with traditional dowry practices often rooted in cultural traditions. Other customs like bride price and gift-giving further complicate the landscape of matrimonial customs. Islamic law provides clear guidelines for marital obligations through religious scriptures, but traditional practices often lack definitive boundaries, leading to asset distribution complications upon marriage dissolution. Historical records from the Ottoman period provide insights into the judiciary’s role in resolving dowry-related disputes. The urgency of developing comprehensive legal regulations concerning traditional marital practices, such as dowry, is underscored, as it is crucial for fostering clarity and fairness in marital relations. This study adopts a comprehensive approach, utilising historical records from the Ottoman period, specifically the Istanbul Kadı Registers. These registers provide detailed accounts of dowry-related disputes and resolutions, serving as the cornerstone of our understanding of the judiciary’s role and the legal provisions related to dowry practices. A wide range of secondary sources, including historical texts, legal commentaries, and contemporary scholarly articles on Islamic matrimonial law and Turkish cultural practices, were also analysed to deepen the analysis.

Analysis of Court Decisions in Divorce Lawsuits which were Rejected Due to Failure to Fulfill the Dispute Proof Requirements: Case Study of the Binjai District Court

The desired divorce or divorce status can be achieved if it is carried out in accordance with existing procedures. Such as, the conditions on how a relationship is allowed to divorce, the reasons put forward are valid or not, the procedures followed are appropriate or not, this is very important to pay attention to. The author will analyze the Court Decision in a divorce lawsuit which was rejected because the evidentiary requirements were not fulfilled. dispute: case study of the Binjai District Court. The method used in this research uses qualitative research methods, namely case studies with a normative legal research or doctrinal research approach, using secondary data. In divorce cases, the plaintiff must be able to prove that the plaintiff is involved in a dispute that fulfill the divorce requirements according to applicable law. In Indonesia, the requirements for divorce are regulated in Law Number 1 of 1974 concerning Marriage. One of the grounds for divorce is the existence of a dispute that cannot be reconciled or it could be said to be a prolonged conflict between husband and wife. The court rejected the divorce lawsuit because the requirements for proving the dispute were not fulfilled. This decision shows how important the principles of evidence and legal certainty are in divorce cases. Divorce cannot be granted if there is no strong evidence that the dispute cannot be resolved.

Determination of the Best Principles for Children in Divorce Cases: A Legal Analysis of the Cibinong Religious Court Decision Number 1042/Pdt.G/2019

The purpose of this study is to determine the best principles for children in determining child custody, as well as to determine the legal considerations decided by the judge in determining child custody. This study is motivated by the number of divorce cases in Indonesia and the many children who become victims of conflict or parents. This study focuses on examining the best interests of children and legal considerations for judges in determining child custody arrangements due to divorce. This study uses a normative legal method with a case approach (Case Approach) and a statutory approach (Statute Approach), as well as library research data collection techniques. Custody is in line with the basic principles in Indonesian state regulations, namely the principle of the best interests of children. The results of this study indicate the provisions of Article 105 and Article 156 of the Compilation of Islamic Law. Article 105 of the Compilation of Islamic Law, explains that the provisions of the law on child custody which automatically grant custody to the mother, must be interpreted contextually. The main parameter that must be used as a reference is the best interests of the child. If the best interests of the child are not realized, then Article 105 of the Compilation of Islamic Law must be set aside and the judge must be guided by the best interests of the child. Although Article 105 of the Compilation of Islamic Law grants custody to the mother, the panel of judges also considers the father's ability and readiness to care for the child. The panel of judges decided to divide custody proportionally. For younger children, who still need intensive attention, custody is given to the mother. However, for older children, who are more emotionally stable, custody is given to the father. The panel of judges considered that this was the best solution to ensure the welfare of both children.

Gender Mainstreaming in the Application of Syibhul ‘Iddah Post-Divorce

The divorce cases often have a negative impact on both spouses, children, extended family, and even the social environment. This condition requires the importance of psychological, sociological and contemplative reflection space for wives and husbands after divorce to be able to evaluate themselves, reconcile with their spouses or part ways with their spouses. This research aims to identify the urgency of syibhul iddah (iddah equivalence) for divorce cases from a gender perspective. Data collection through documentation techniques, and data analysis using reduction, presentation, and verification techniques. The results of the study concluded that the implementation of syibhul iddah can provide an opportunity for couples to introspect and consider the possibility of reconciliation, and can also be a medium for couples to review divorce decisions and reconciliation. This finding confirms that syibhul iddah can be an introspective and reconciliative medium for married couples after divorce.

Juridical Analysis of the Determination of Child Custody in Dual Citizenship Divorce Cases: A Case Study of Supreme Court Decision No. 2021 K/Pdt/2020

The determination of child custody in divorce cases involving dual citizens is a complex issue that requires special attention to Indonesian legal jurisdiction. This study analyzes how Indonesian legal jurisdiction is applied in determining child custody in divorce cases involving couples of different nationalities, based on the Marriage Law No. 1 of 1974 and related international regulations. The case study of the Supreme Court Decision No. 2021 K/Pdt/2020 was also studied to understand the factors considered in decisions related to child custody. The main factors that the Supreme Court considers include the psychological and emotional well-being of the child, the financial ability of the parents, the relationship between the child and the parents, as well as the residence and nationality of the child. The results of the study show that custody decisions are always aimed at the best interests of the child, taking into account relevant national and international legal aspects.

The Evolution of Marriage and Inheritance Law in Brunei Darussalam: A Comparative and Historical Study

This study examines the dynamics and comparisons of Islamic family law in Brunei Darussalam and Indonesia, particularly in terms of codification, regulation, and the adaptation of Shariah principles. Using a qualitative descriptive-analytical method, this research explores the differences between the two countries in marriage registration, divorce rights, guardianship obligations, and the role of mediation in divorce cases. The findings indicate that Brunei applies a centralized Islamic family law system under royal control, while Indonesia adopts a pluralist system that accommodates customary and Shariah laws. The codification in Brunei and the adaptation of Islamic law in Indonesia demonstrate that both countries are able to uphold Shariah principles while adjusting to the needs of modern society. This research emphasizes the importance of balancing traditional values with contemporary legal needs.

Islamic Family Law Reform in Indonesia: A Review of the Supreme Court's Decision on the Postponement of the Distribution of Joint Property

The settlement of joint property between husband and wife after divorce often ends up in the Religious Court, even reaching the level of cassation and judicial review (PK), such as in the Supreme Court Decision Number Register 159/K/AG/2018. In this case, especially related to disputes over joint property in marriages with minor children, the Supreme Court not only refers to the normative law contained in the law, but also considers a sense of justice and benefit. This research uses a qualitative descriptive method with an empirical juridical approach. This approach is referred to as empirical legal research because it focuses on analyzing the implementation of normative legal provisions directly (in action) in certain legal events in society. Primary data was obtained from Supreme Court decision No 159 K/Ag/2018, No 618/Pdt.G/2012/PA.Bkt, No 38/Pdt.G/2013/PTA.Pdg, No 88K/Ag/2015, No 159/K/AG/2018, No 99/Pdt.G/2023/MS, as well as laws related to the research being discussed. Secondary data is obtained from books, scientific articles and previous research results related to joint property and those that have the same discussion. Data collection techniques using literature study and qualitative data analysis are used to explore certain phenomena and find out the causes. The results showed that the Supreme Court judge in deciding this case used the method of legal discovery through legal interpretation, especially systematic interpretation and sociological interpretation. In the case, the judge postponed the division of joint property until the children of the disputing parties reached the age of mumayyiz, thus showing attention to aspects of substantive justice. Systematic and sociological legal interpretations by judges show that in resolving post-divorce joint property disputes, especially those involving minors, judges must consider the social realities that live in society to actualize justice. This emphasizes the role of judges not only as law enforcers, but also as guardians of the public good. This research concludes that legal discovery by judges through interpretation based on systematic and sociological approaches can realize concrete justice in society, especially in divorce cases involving children.

RECONSTRUCTING CHILD CUSTODY POST-DIVORCE IN ISLAMIC FAMILY LAW: A BEST INTEREST OF THE CHILD-BASED APPROACH IN THE CONTEMPORARY ERA

The concept of child custody post-divorce has been a critical issue in Islamic family law, particularly in light of contemporary debates surrounding children’s rights and welfare. In recent decades, there has been a growing emphasis on the Best Interest of the Child (BIC) standard, which has shaped custody decisions in Western legal systems. This article explores the integration of the BIC principle within Islamic family law, specifically addressing how it can be reconstructed to align with modern child welfare needs. Through a comprehensive literature review, the paper examines Islamic legal sources, including the Qur’an, Hadith, and classical fiqh, to evaluate the traditional understanding of child custody in divorce cases. It further investigates the compatibility of Islamic principles with international human rights frameworks that advocate for the child's best interest. The article highlights the challenges and opportunities in adapting Islamic family law to contemporary child custody norms, considering cultural, legal, and societal factors. It also compares the Islamic approach with Western legal perspectives on child welfare, identifying areas for potential reform. The findings suggest that while Islamic law provides a strong foundation for protecting children's rights, it requires contextual adaptation to ensure the child’s best interests are consistently prioritized. This research calls for a balanced and progressive approach to reforming child custody practices within Islamic family law. Ultimately, it aims to contribute to a more child-centered framework in Islamic legal systems, offering insights for policymakers and legal practitioners.

Modernization of Religious Courts: An Analysis of the Effectiveness of Mediation Through E-Court in Resolving Divorce Cases in Padang

This study is important to understand the effectiveness of e-Court in handling divorce cases involving mediation, especially in the Class 1A Religious Court of Padang. Although e-Court has improved administrative efficiency and access, there are gaps in the effectiveness of online mediation, especially in cases involving emotional conflict or domestic violence. These limitations indicate the need for a more in-depth approach to addressing the emotional dimension in the e-Court process as well as improving technical support and staff competence. The object of this study is e-Court as a means of divorce proceedings, with a focus on analyzing the effectiveness of the legal process in cases requiring mediation. This study uses a qualitative descriptive method through in-depth interviews and observations. Primary data were obtained from key informants such as judges, e-Court employees, advocates, and the community, while secondary data were taken from related literature. The findings show that e-Court is effective in terms of ease of access, process efficiency, decision quality, and user satisfaction. Although technological infrastructure supports accessibility, improvements in internet access are still needed. E-Court reduces case handling time, but physical interaction is still needed. User satisfaction is high, although there are complaints about the system sometimes experiencing errors, as well as the need for further training for employees to improve competence.

Happiness Therapy and Emotion Regulation for Early Married Couples Facing Emotional Abuse in the Marelan Area

ABSTRACT Conflicts were Indonesia's most common causes of divorce in 2023, accounting for 251,828 instances, or 61.67% of total divorce cases. Emotional abuse is a significant problem that can affect any relationship, even young married. A research analysis discovered that counseling and therapies were beneficial in mitigating the detrimental impacts of emotional abuse. The aim of the study is happiness therapy and emotion regulation for early marriage couples. This study was a pre-experimental approach. The study's statistical population consisted of 8 couples selected as a sample by purposive and voluntary sampling. Then, the happiness therapy and emotional regulation therapy protocol by Seligman. The researcher implemented the therapy in three sessions of 60-90 minutes, Then, the approaches were performed in pairs for happiness therapy and emotional regulation therapy for each couple with a month follow-up. Data were collected via semi-structured interviews. The study's findings suggest that, on a qualitative level, the informants' pre-therapy emotions were melancholy because of the emotionally abusive home environments they frequently experienced. Several informants felt disheartened and helpless to change their circumstances. Behavioral improvements were noted concerning happiness and emotional regulation. These included modifications to behaviors related to relying on calmness, communicating happiness without expressing emotion, and viewing happiness as a marriage obligation. This study can conclude that as couples learn to navigate their relationship dynamics with empathy and understanding, create a resilient partnership capable of weathering challenges without resorting to harmful behaviors. By prioritizing happiness therapy principles, couples can cultivate a harmonious union characterized by mutual respect and love.

Analisis Konsep Nusyuz dan Implikasinya dalam Perkara Perceraian di Pengadilan Agama Surabaya

This research aims to analyze the concept and implications of nusyuz's actions in divorce cases in the Religious Courts. Nusyuz is defined as a wife's defiance of her obligations to her husband. Nusyuz is also often the basis for filing divorce lawsuits, especially divorce petitions for divorce by the husband. This study examines how nusyuz actions are taken into consideration by Religious Court judges in deciding divorce cases, as well as their impact on the wife's rights, such as those related to iddah liaving, mut'ah living, and child custody. By using normative juridical methods based on analysis of direct trials and court decisions, this research finds that nusyuz actions have significant legal consequences for wives, especially in terms of living and other rights after divorce. However, there are also variations in the judge's assessment of the evidence of nusyuz's actions, which has implications for the final outcome of the divorce case.

The effectiveness and barrier of reverse cascade screening for paediatric familial hypercholesterolaemia

Abstract Background Familial Hypercholesterolaemia (FH) is an autosomal dominant genetic disorder that is prevalent in one out of every 300 individuals in the general population. Recognized as an actionable condition, early diagnosis of FH in children is crucial to prevent the onset of atherosclerosis, and equally important is the identification of parents before the development of coronary artery disease events. Therefore, the significance of universal FH screening during childhood combined with reverse cascade screening has been increasingly acknowledged. To achieve these objectives, in our region, universal lipid screening is conducted in elementary schools for children aged 9 or 10 years, annually screening approximately 8,000 individuals, with those identified being referred through a three-step process to four major healthcare facilities within the prefecture. However, the effectiveness of reverse-cascade screening remains unclear. Purpose Our study aimed to assess the effectiveness of and identify barriers to implementing reverse cascade screening in conjunction with universal lipid screening. Methods We conducted a single-center, retrospective observational study from January 2018 to July 2023 and evaluated the utility of reverse cascade screening for children genetically diagnosed with FH following universal screening. This study analysed prevalent barriers and identified families with suspected FH through reverse cascade screening, counting those with Potential FH among second-degree relatives. Beyond successful identification, we categorized the frequently encountered barriers into five distinct categories: bereavement, prior cardiovascular events, dyslipidaemia with unspecified LDL-C levels, incomplete family history information, and inadequate disease awareness of FH. Reverse FH diagnosis adhered to current guidelines. Results and Discussion Of 151 paediatric patients referred to our facility, 67 were genotypically confirmed to have FH. Excluding 8 cases of divorce and 4 cases of tracking challenges, 55 patients were finally analysed. 62 patients were diagnosed with reverse FH, and appropriate treatment was initiated. Notably, 158 cases of Potential FH were identified. (25 first-degree and 133 second-degree relatives). While a higher number of reverse FH diagnoses were observed in first-degree relatives (55 cases), the diagnostic yield was lower among second-degree relatives (seven cases). Common barriers for second-degree relatives included dyslipidaemia with unspecified LDL-C levels (42 cases) and incomplete family history information (66 cases). Conclusion Integrating universal screening with reverse cascade screening facilitates the identification of new FH cases. A comprehensive strategy for diagnosing reverse FH is paramount, raising disease awareness, genetic testing, the development of a family-based care plan, and enhancing access to information and communication technologies.

Putusan Verstek Terhadap Perkara Cerai Gugat Suami Ghaib di Pengadilan Agama Surabaya

Marriage is a sacred relationship that occurs between a man and a woman with the aim of building a prosperous family. However, in reality, family life can face various situations that cause unhappiness and lead to the dissolution of a marriage. One example of divorce is when a husband disappears without a trace, leaving his wife behind. This research aims to explain and examine the supernatural divorce case based on decision number 1301/Pdt.G/2024/PA.Sby and analyze the judge's considerations in making decisions regarding the case. This research uses normative legal methods, with data collection techniques through literature review. The judge's reasons in cases of unseen divorce include the absence of the defendant whose whereabouts have not been identified or who have been declared missing, as well as the existence of documents from the sub-district explaining the ignorance of the position of the party concerned. The trial can be terminated in verstek if the defendant, having been legally summoned by the court, is still absent for no apparent reason..

Impacts of traumatic lifetime event on the likelihood of divorce

The possible pathway in which traumatic life events influence the likelihood of marriage dissolution has not been fully explored. In this study a case study of various countries were chosen to maximize the diversity. We examined the effects of various traumatic life events on the likelihood of divorce, while controlling demographic and psychological factors. We employed a mixed probit model on data collected from various countries, such as Turkey, Thailand during the period of 2015–2016. The considered variables in this study were divided into mental health, traumatic life events, and demographic characteristics along with other characteristics. Our results showed that factors such as traumatic life events, e.g., being cheated on, being emotionally or sexually abused, or being disabled, and having divorced parents are positively associated with a higher likelihood of divorce. On the other hand, factors such as better subjective life conditions, older age, and previous divorce are negatively associated with the likelihood of divorce. The results also revealed some interaction effects between different factors. The results emphasize the importance of supporting those who have undergone traumatic life events, by helping them not only with the related traumas, but also preparing them for having a successful marriage. The impacts are expected to be due to shattered assumption theory. This is one of the earliest studies to consider the impact of traumatic life events on the likelihood of divorce.

State Protection of the Family, Motherhood, Paternity, and Childhood: Examining Jurisdictional Challenges in Divorce Cases

The author argues that, currently, courts lack the procedural tools, specialized professional training, and sufficient time to adequately protect the rights of minor children during divorce proceedings. This situation highlights the urgent need for the development of a more effective extrajudicial mechanism to ensure state oversight of parental compliance with the rights and interests of minor children in divorce cases. The proposed procedure is based on the concept that, in addition to courts, other authorities within their respective competencies should oversee the legality of decisions related to divorce proceedings. Specifically, courts should handle legal disputes; registry offices should manage the registration of civil status acts, and guardianship authorities should monitor the protection of the rights and legitimate interests of minors and disabled family members in contentious situations

The Challenge of a Ghoib Divorce Lawsuit: An Analysis of a Court Decision and Legal Implications in Indonesia

This research aimed to analyze the legal basis and considerations of judges in deciding ghoib divorce cases and their legal consequences for the parties involved. This study combines normative and empirical research methods. Subsequently, the collected data were analyzed qualitatively to describe the problem and address the research purposes. The results showed that in deciding ghoib divorce cases, the Panel of Judges considered various aspects balanced, including the reasons for divorce given by the plaintiff and witness testimony. The judge made the appropriate decision by verstek, granting the ghoib divorce lawsuit and imposing talaq one ba’in sughra. The legal consequences of ghoib divorce refer to Article 119 of the Compilation of Islamic Law, which regulates talaq ba’in sughra, while Law Number 1 of 1974 and the Civil Code only regulate the legal consequences of divorce in general. Therefore, it is recommended that judges consistently adhere to the principles of justice and caution when handling ghoib divorce cases. Married couples must realize that disappearing without a trace is not a wise solution and will only complicate problem-solving. Divorce should be pursued as a last resort after all efforts to maintain the household have failed. Furthermore, the government needs to create more transparent and comprehensive rules and guidelines regarding the ghoib divorce trial process in Religious Courts to avoid legal uncertainty and ensure the protection of all parties’ rights.

Rights of Women Married Under the Act - A Case Study of Legal Divorce

The rights of women in divorce cases, particularly those married under the Act, have been a long-standing concern. Despite the existence of laws governing marriage and divorce, women often face challenges in asserting their rights during the divorce process. This study aims to assess the general concept of marriage and marriage under the Act, examine divorce and its effects, and evaluate the consequences of divorce on women's rights. The study seeks to identify the position of the law on divorce and women's rights in the process and at the end of the process. A mixed-methods research design was employed, combining qualitative and quantitative approaches. The study analyzed laws and statutes on marriage and divorce, reviewed cases adjudicated by courts of competent jurisdiction, and conducted interviews with divorcees, legal practitioners, and other stakeholders. The study found that women's rights in divorce cases are often compromised due to ignorance of the laws and lack of advocacy on their behalf. The Domestic Relations Law of Liberia, the Matrimonial Causes Act of Nigeria, and the Supreme Court of Liberia's opinions on divorce cases were found to be crucial in upholding women's rights in divorce cases. The study concludes that women's rights in divorce cases are often neglected, but the law provides avenues for redress. The study recommends increased awareness and education on women's rights relative to divorce, as well as the need for advocacy on behalf of women in divorce cases. The study's findings have implications for policymakers, legal practitioners, and women's rights advocates.

DOBRO WSPÓLNYCH MAŁOLETNICH DZIECI JAKO NEGATYWNA PRZESŁANKA DOPUSZCZALNOŚCI ROZWODU. PROBLEM EKONOMICZNEGO PORZUCENIA DZIECKA

The principle of protecting the best interests of the child is a key element of modern family law, balancing the interests of spouses with the needs and rights of minors. The Constitution of the Republic of Poland and the provisions of family law impose the obligation to protect the rights of the child, which translates into court practice. The concept of ‘best interests of the child” is difficult to define, but constitutes an overriding interest that is the basis of legal proceedings in family matters, especially divorce cases. One of the main topics discussed in this article is the discussion of the premise of the inadmissibility of a divorce decision for the sake of the minor children. The court must make the right decisions, considering both the best interests of the children and the needs of the parents. Arguments are also cited about the potential negative effects of divorce on children. The discussed content also touches on the topic of maintenance payments and the problem of nonpayment of child support, which is defined as economic abandonment of a minor. The analysis includes a review of the literature in the field of various social sciences.

О скрытых процессуальных правилах рассмотрения дел о расторжении брака (часть первая)

The Family Code of the Russian Federation contains a lot of procedural provisions related to the process of dissolution of marriage between spouses. However, there are almost no such special provisions in the structure of provisions of civil procedure laws. It turns out that the marriage dissolution procedure does not differ from other civil case review and resolution procedures from the procedural standpoint. However, this is not the case from the objective legal standpoint. In this article, the author shows hidden but actually existing procedural rules for review of marriage dissolution cases that need to be taken into account and observed at resolution of respective civil cases.

Marital dissolution and cognition: The mediating effect of Aβ neuropathology

AbstractINTRODUCTIONWidowhood and divorce are extremely stressful life events that are associated with dementia, but the neurobiological underpinnings of this risk remain unknown. Amyloid beta (Aβ) load may explain influences of chronic stress, commonly seen in disruptive marital transitions, on cognitive decline.METHODSWe examined whether Aβ quantified by tracer uptake on positron emission tomography mediates associations between marital dissolution and executive functioning and episodic memory performance using data from 543 cognitively normal (CN) participants from the Alzheimer's Disease Neuroimaging Initiative.RESULTSMarriage dissolution was associated with increased Aβ burden (β = 0.56; P = 0.015) and worse memory performance (β = –0.09; P = 0.003). Aβ levels were a significant mediator for the relationship between marriage dissolution and memory (average causal mediation effect = –0.007; P = 0.029).DISCUSSIONFindings suggest that stressful life events, such as the dissolution of one's marriage, might exert an effect on Alzheimer's disease proteinopathy, which may subsequently influence poor cognition.Highlights Marital dissolution was associated with increased amyloid beta (Aβ) and memory declines. Aβ burden mediated associations between marital dissolution and memory. Findings were robust to potential non‐linear influences of age. Mediation results were not observed when stratifying marital groups by sex.