Position Of Wife Research Articles

KEBAHAGIAAN PERNIKAHAN DITINJAU DARI PROBELAMTIKA NUSYUZ PERSPEKTIF SYEH NAWAWI AL-BANTANI

Happiness is something that is a goal, a hope that every human being wants to achieve. And when his goals and expectations are achieved, he will feel satisfied, happy and happy. Marriage certainly aims to achieve happiness, because it is impossible for a couple who aims to get married to be unhappy. Then every human being will compete to achieve a happiness, one of which is to get married. Sheikh Nawawi Al-Bantani explained that nusyuz that occurs in the household, the husband should first explain what his wife has done (nusyuz). Explain to the wife about the rights of the wife to the husband and the rights to the wife. The way to deal with it is not arbitrary. Although the study of nusyuz fiqh focuses on the wife's position, it does not rule out the possibility that the husband also performs nusyuz. Marriage will lead to happiness when the couple is able to adapt to a series of household problems that they go through. Nusyuz often occurs due to a lack of communication between husband and wife, so quality communication and a strong marital commitment are needed to be able to enjoy marital happiness.

Rights and Obligations of Husband and Wife According to Islamic Law in Constructing Sakina Family

This research aims to know the rights and obligations of husband and wife in building a sakinah family. The method used in this study is the library research method with a normative approach. The research results show that Husband and wife understand that the position of wife and husband in the household is the same, but have different rights and obligations, although on the other hand the community understands that the position of the wife in the family is under the husband, they understand this from the understanding of salaf fiqh which states that the wife must uphold high her husband with honor and glory. The concept of Islamic marriage teaches that the rights possessed by husband and wife are in balance with the obligations imposed on them, a husband or wife has balanced obligations. To realize a harmonious, sakinah and peaceful family, this can be done by fostering the appreciation of Islamic religious teachings, fostering mutual respect, fostering an attitude of efficient living, and fostering an introspective attitude of each husband and wife.

Od sestry k nuzné vdově. Změny postavení manželky v římském dědickém právu

This paper deals with the position of wife in the Roman law of succession from the earliest period (as far as the Law of the Twelve Tables) to the changes of the law of intestate succession made by emperor Justinian. This paper follows changes in the position of a wife in case of the death of the husband. This position was determined by type of marriage (strict or free form of the marriage) and was deeply influenced by the reform of the law of succession made by praetor. Even in the praetorian law, the position of the wife and her possibility to obtain some substantial part of the deceased husband’s property was limited and nothing had changed also after the codification of Corpus Iuris Civilis. In order to defend the natural (and justified) needs of widow, emperor Justinian introduced a special provision for so-called needy widow (and temporarily even for the needy widower). The paper examines very closely those provisions and states that the protection of the needy widow can be marked as one the basic values of the Roman law of succession.

Stratifikasi Sosial Pada Keluarga Yang Nafkahnya Ditanggung Istri (Studi Kasus di Kelurahan Kedungbunder Kabupaten Blitar)

The phenomenon of wives working today is considered to cause changes and shifts in roles in a family. The position that generally places a husband as the head of the family and the main breadwinner, seems to have slowly changed. Its not as different as happened in some families in Kedungbunder Village Blitar Regency, where only the figure of the wife works to provide for the family. This kind of condition puts a wife having a more dominant role in the family. This study was conducted with the aim of examining social stratification among families whose livelihoods are borne by the wife. The method used is a qualitative research approach (field research), where data is collected through an in-depth interview process and parsipatory observation. The results showed that, some families in Kedungbunder Blitar Village where only the wife is working show the rule of law that states that the husband is the head of the family and the wife as a housewife, are considered not always applicable in the existing social reality. In the family, the wife's position is in a high social class because it is the economic source of the family and has more dominant power than other family members.Keywords: Social Stratification, Family, The Wife Works

Kriminalisasi Marital Rape: Eksistensi dan Pembuktiannya

Abstract
 Generally, marriage is a moment of happiness, but it cannot deny that when marriage occurs, it brings misery in it such as Domestic Violence. There are several causes of Domestic Violence which split into various aspects, and one of them is sexual violence. This often makes the wife in a weak position or has a more inferior position, making her victim of her husband. The marital status that binds the wife as the victim and the husband as the perpetrator should not abolish the woman's rights over her body. The wife's position as a victim causes her physical and psychological traumatization, making the community also take responsibility by providing moral support. Not necessarily blaming the victim and justifying the behaviour of the perpetrator because it is still considered forbidden for the community to interfere in household matters. Any form of violence and its occurrence is not something that can be accepted and justified in the rule of law in each country. Therefore, the purpose of this paper is to discuss acts related to sexual harassment without the victim's consent even in a marriage bond, known as marital rape. In Indonesia, the criminal act of domestic violence is regulated in Act No. 23 of 2004, which concerns the elimination of domestic violence, requires a clear and firm implementation, because the law must provide protection to victims and the accountability of perpetrators of such violence must be adjusted to the applied laws and regulations.

RIGHT OF MALE HEIRS TO THE ORIGINAL FAMILY RELATED TO NYEBURIN’S MARRIAGE TO LAND RIGHTS IN PERSPECTIVE BALINESE LAW OF CUSTOMS

The marriage of nyeburin changes the position of women into purusa and men into pradana. Then in terms of inheritance, the priority in the nyeburin marriage is the woman, but the status of the man who becomes pradana is questioned when nyeburin marriage ends and the status of the man is returned to his family of origin. This study aims to analyze the inheritance rights of men who do nyeburin’s marriage on inherited land in their origin family and to analyze the implications of inheritance rights of men who do nyeburin’s marriage in right and obligations of origin family. The research method used is normative legal research. In addition, the data collection technique used is the library study technique. The results of this study revealed that (1) a man who does a nyeburin marriage will lose his right to inherit in his family of origin because of a change in his status to pradana in his wife's family. A man who does a nyeburin marriage will be considered to have left kedaton so that he has the same position as a woman who marries out. (2) Burden marriage has implications for the position of the husband so that here the husband follows the wife. The rights and obligations as husband and wife are still the same as in a normal marriage, only in a marriage where the wife's position is higher than that of the husband.

Criminalization of Human Trafficking; Assessment of Victims in Judges' Verdict for Deviant Sex services

The current criminal law still adheres to the concept of Daad Dader Strafrecht, therefore, the existence of crime victims could not betouched by the law which implemented in every judge's decision,such as the event that a husband sells his wife for sex or threesome,the wife position here as the victim, this research was done by using legal research of normative law,which applies statute approach and case approach, by examining Sidoarjo State Court Verdict Number: 889/Pid.Sus/2018/PN.SDA, and it obtained several results, first inaccurate application of law and weak point of views of victim of crime. It can be concluded that after examination of legal facts, review the literatures and analyze it based on the cases, this work suggest husband activities on selling his wife by illegal sex/threesome should not be included as human trafficking. Since normatively, it is not relevant, furthermore the condition of family is not really well.

The Existence of Confucianism in spousal relationship nowadays

Confucianism promotes "Fuchangfusui (Phu xướng phụ tùy)" which means "A wive must obey everything her husband says''. In Vietnam, the concept of husband and wife relationship is not exactly the same as "Fuchangfusui" initiated by Confucius. Culturally, Vietnam belongs to the group of countries influenced by Confucianism. However, since the feudal period, Vietnamese Confucianists have had many progressive views to affirm the position of wife towards her husband and towards her family. Husband and wife relationship in Vietnam has gained focus on obligations and responsibilities of both husband and wife with the notion that "Women handle household chores, men take care of work outside". This article examines the existence of the Confucianism in husband and wife relationship in Vietnam today. The authors made a comparison between the husband's and the wife's rights of making decisions related to economy and other decision-making rights as well, using descriptive statistical analysis, Exploratory Factor Analysis (EFA) and Generalized Method of Moments (GMM); for this, the authors set up a system of equations and at the same time, to evaluate the extent to which Confucianism elements exist in husband and wife relationship in Vietnam today. The analysis results show that Confucianism still influences and affects family relationship, but its impacts and influences in the era of integration are blurred, not as profound as in feudal times or in the first half of the twentieth century. In other words, the existence of Confucianism still exerts its impacts on a majority of Vietnamese families in terms of husband and wife relationship. However, the perception of family members' standards of behaviors has changed due to the influences of modern industrial society.

Emotional divorce in light of some demographic variables among married women in the city of Jeddah

.the present research aimed to identify the level of emotional divorce among a sample of married women in Jeddah city. The Emotional Divorce Scale was selected as a tool for data collection. The validity and reliability of the tool were verified. It was applied on a sample consisting of 623 married women. They were selected randomly. The result indicated that the level of emotional divorce came within the low level. The results indicated that there were no differences in the emotional divorce and the variables of educational and economic level, while there were differences in the emotional divorce due to the wife's position in favor of the employed wives, and the number of years of marriage in favor of more than 10 years.

PERLINDUNGAN PEREMPUAN DAN ANAK: STUDI AKIBAT HUKUM PENGABAIAN PENCATATAN PERKAWINAN

Marriage registration becomes a very important element for the validity of marriage. An unregistered marriage has a direct effect on the woman (wife) and child. This problem is one of references for the importance of registering marriage. Marriage registration aims to fulfill women and children’s rights as legal subjects. The work intends to explain how urgent the registration of marriage is in protecting women and children. Using research libraries, data are collected by exploring data sources that are relevant to the topics discussed. This study concludes that the legal impact arising from neglecting marriage registration is not easy. When a dispute occurs, the wife of an unregistered marriage cannot sue her husband. In this case, the wife's position is very weak. Likewise with children, the status of children born is considered as illegitimate children. The child’s unclear status in the eyes of the law causes the parent-child relationship is not strong, so parents may be able to deny his biological child.

Partnerships and production: Agriculture and polygyny in Tanzanian households

AbstractWomen make important contributions to household food production in sub‐Saharan Africa. Women's agricultural productivity is often reduced, however, by inefficient intrahousehold allocation of agricultural resources. Complex marital structures found in polygynous households may complicate resource allocation. Using three waves of the Tanzania Living Standards Measurement Survey–Integrated Survey on Agriculture, we measure the effect of the marital structure, wife position, and plot management on agricultural productivity and input allocations. We find evidence of cooperation within polygynous households. Plots managed by husbands and wives in polygynous households produce more valuable crops, have higher yields, and are more likely to use fertilizer than their monogamous counterparts. Within polygynous households, we observe that plots jointly managed by husbands, first wives, and second wives (together) have significantly more family labor than plots managed by husbands and first wives. This result may provide evidence of different production technologies across plot managers within the same households.

Position of Wives and Women’s ‘Right’ in the New Civil Codes of South Korea and Japan (1945~1960)

Position of Wives and Women’s ‘Right’ in the New Civil Codes of South Korea and Japan (1945~1960)

TRADISI SUKU ASMAT DALAM ROMAN NAMAKU TEWERAUT KARYA ANI SEKARNINGSIH

This research aims at describing Asmat tradition in romance Namaku Teweraut (NT) written by Ani Sekarningsih. The study was designed with a literary anthropological approach. Data comes from Roman NT. Data collection is done through a note-taking method. Based on the result of the analysis, it is concluded that romance NT contains following traditions: matchmaking, dowry payment, and giving birth. These traditions tend to be gender bias. It can be seen from wife position in a family. A wife is always in weak, margin, and threat position. Romance NT contains patriarchal conservatism culture that becomes the root of practical life of gender bias stereotype to the women in Asmat society.

Pembagian Harta Bersama Perkawinan Dalam Perceraian Perkawinan Beda Agama Yang Dicatatkan

Interfaith marriage in Indonesia be able to do with supplicate a determination to District Court, and then be listed in the Civil Registry Office. In case divorce occur on registered interfaith marriages, there is legal vagueness in regulation to divide joint property marriage, its relates with article 37 Constitution Number 1 of 1974 about Marriage. The purpose of this thesis is to description, identifying and analyzing the way to divide marriage property in interfaith marriage divorce, and also to review allowed or not to make choice of law that related to article 37. This thesis is a normative research with using statute approach and analytical approach. Based on the analysis of legal materials obtained, solution to divide joint property marriage on interfaith marriage better used husband religion or customary law, it is based from analysis using intergroups legal theory, receptive in complex theory, Idris Ramulyo opinion, Lanraad jurisprudence in Manado and also using grammatical interpretation about husband and wife position in article 31 and 34 marriage law. In case lawsuit happened, there is through the District Court after divorce decision was decided by judges. Choice of law is allowed based on equally principle.

Men Matter More: The Social Class Identity of Married British Women, 1985–1991

SummaryWe investigate the class identity of married women as it relates to their own and their husband's class position. Whereas previous workers have attempted to test whether identity depends solely on the husband's position, not at all on the husband's position or equally on the husband's and wife's position, leaving out all intermediate cases, we estimate new diagonal reference models that quantify the relative weight of each partner's class position on their own class identity. In previous literature, it was also argued that women who work full time should be more likely to adopt a sharing model than other women and in some cases these different types of women were compared. We move beyond this simple dichotomy and more systematically formulate hypotheses about the conditions under which women attach more or less weight to their own class position and less or more weight respectively to that of their husbands. To test these hypotheses, we consider models where the weights are allowed to depend on characteristics of each partner and the couple. Using the British Social Attitudes Survey data for 1985–1991, we find that, when the husband's commitment to the labour force exceeds that of the wife, the husband's weight exceeds the wife's weight but, when the wife's commitment exceeds that of the husband's, the weights are approximately equal. We also find (unexpectedly) that women who hold higher positions than their husbands attach more weight to their husband's position than to their own position.

The Impact of Male Migration on Domestic Budgeting: Egyptian Women Striving for an Islamic Budgeting Pattern

Apart from studies of the economic impact of large-scale male migration from Egypt to the Arab oil-producing countries, little scholary attention has been paid to this social phenomenon and the creation of a significant number of de facto female headed households. This article focuses on the influence of male migration on domestic budgeting and the position of wives within low-income Cairence households. The data, drawn from a sample of 42 households which includes income-earning women and non-wage earning women, indicate that less educated women and those who were primarily homemakers frequently managed to renegotiate a more favourable financial arrangement with their husbands during and after migration, and raise their status and decision-making power within the household. On the other hand, contrary to commonsense assumptions, educated and income-earning women were more likely to lose access to their husbands’ income and to major decision-making opportunities, resulting in lowered status within the household. To protect their interests, many women in these groups appealed to the traditional and Islamic division of domestic responsibilities which hold men financially responsible for the family’s upkeep.

Talaq-i-Tafwid and Stipulations in a Muslim Marriage Contract: Important Means of Protecting the Position of the South Asian Muslim Wife

Muslim law confers supreme authority in marital relations on the husband, to such an extent that the husband can unilaterally and extra-judicially dissolve the matrimonial bond by pronouncement of the verbal formula of divorce (talaq). The wife's position may be to some extent protected by the fact that her deferred dower becomes payable to her upon termination of the marriage by divorce or the death of her husband. However, the dower may either have been set at a minimal amount or have been severely reduced by intervening years of inflation so as to provide neither an affective restraint on the husband's exercise of his power of talaq nor much real assistance to the wife after she has been divorced and turned out of her husband's house. On the other hand, if the dower is set at such an amount as to constitute a real restraint on her husband in regard to his exercise of talaq and the marriage breaks down, the husband may refuse to divorce the Wife by talaq (since by doing so he would incur liability for the dower debt) and may suggest that she agree to a divorce by mutual consent (Khul' or mubara' a). However, a concomitant of a divorce by mutual consent is some financial remuneratioin by the wife to the husband; usually the husband requires the wife to relinquish her rights to dower. The wife may thus easily be placed in position of having to buy her way out of an unhappy marriage.

Menon v. Esperdy

The individual in international law — Aliens — Admission of — Dependants of UN employees — Effect of separation upon position of wife — Whether entitled to admission to U.S. — An excludable alien — Destination to which alien may be deported — Distinction between exclusion and expulsion — The law of the United States