Prohibition Of Divorce Research Articles

LARANGAN PERCERAIAN DALAM PERSPEKTIF HUKUM ADAT LAMPUNG

The people of Lampung have a paradigm that marriage is life and death, while divorce is taboo and forbidden, because it will separate the two large families according to custom. This study aims to examine the paradigm of the Lampung indigenous people regarding the prohibition of divorce in the perspective of maqasid sharia. This research is a type of qualitative field research with a socio-philosophical approach in reviewing maqasid sharia, while the primary data is by interviewing Lampung traditional leaders and communities, while the secondary data is books and articles published by talk about the prohibition of divorce in the indigenous people of Lampung. Philosophically, the people of Lampung have a life philosophy of piil pesenggiri (self-esteem) and for the sake of maintaining the sacredness of the Lampung Pepadun traditional marriage which is carried out according to religion and custom, so that divorce becomes a disgrace, because it will lower family pride. However, this does not mean that it is absolute, that divorce is an emergency exit, even though it is taboo for adat. Meanwhile, historically, this customary prohibition law has been passed down by previous ancestors which was preserved by the indigenous people of Lampung for the sake of protecting their descendants (hifdzu nasl).

On Montaigne's View of Divorce: The Father of the French Renaissance

The father of the French Renaissance in the 16th century is famous for his representative work "Les Essais", and subsequently European and American scholars have conducted solid and specific studies on many topics. Why does Montaigne's view of divorce deserve attention? As we all know, one of the important themes of the 16th century literary reflection is "divorce", and it is the consensus of thinkers to pay attention to the problem of divorce. In French literature, marriage was a topic that the creators could not avoid. The novels of the aristocratic salons and the novels of the citizens are full of discussions on the issue of marriage. However, the trend of reflecting on divorce in the 16th century was first initiated by Montaigne, who devoted a considerable part of his “Les Essais”to his views on marriage and especially to his attack on the prohibition of divorce. Therefore, the purpose of this paper is to analyze the connotation and characteristics of Montaigne's view on divorce and the reasons for its creation. And also understand the unique features of Montaigne's view on divorce and to deepen the knowledge of "individualism" and "humanist morality" in Montaigne's thought on this basis.

Paul’s Divergence from Jesus’ Prohibition of Divorce in 1 Corinthians 7:10–16

Abstract In Paul’s communication to the Corinthian community, we find his reference to Jesus’ absolute prohibition of divorce as he seeks to rebuke some Corinthians’ desire to divorce for the sake of their ascetic pursuit. Following this enlistment of the authority of “the Lord” (1 Cor 7:10), Paul curiously offers his own instruction which contradicts Jesus’. Drawing on insights from the Roman and the Jewish contexts as well as the Foucauldian notion of power, this article argues that Paul is claiming to himself the power and the status of a paterfamilias. His divergence from Jesus’ prohibition of divorce stems from his possible concerns as the paterfamilias of the Corinthian community.

Divorce in the Movies: From the Hays Code to Kramer vs. Kramer

Movies often provide a window through which we can observe human behavior and legal institutions as they existed when the film was made. However, this is not true of the subjects of marital disintegration and divorce. Hollywood's rigid system of self-censorship, embodied in the Hays Code and the Production Code Administration, nearly blotted divorce themes right off the screen. What little was said of the subject during the middle third of the twentieth century was wildly wrong. The Code was written by and administered by staunch Catholics, largely to stave off boycott threats by the Catholic Legion of Decency. As a result, it reflected Catholic moral teachings, particularly the prohibition of divorce. This article surveys films about divorce from the pre-Code era (1930-34), the Code era (1934-68), and the immediate post-Code era (1968-1980s). It discovers that divorce themes were candidly portrayed during the pre-Code era but were thoroughly suppressed during the Code era. In the post-Code era, the subject crept back to the screen in a series of memorable films about divorce in the late 1970's and early 1980's. The article then analyzes Kramer vs. Kramer (1979) in detail, finding it to be one of the few classic treatments in film of divorce and family law.

Till the Judge Do Them Part: The Prospect of Absolute Divorce in the Philippines

The Philippines is the only member State of the United Nations without a general divorce law which is attributed to the influence of the Roman Catholic Church for more than 300 years of Spanish colonization. Currently, the Philippine legal regime permits legal separation, annulment, and declaration of nullity of marriage, although divorce by Muslims and indigenous people as well as one validly obtained abroad by a foreigner against a Filipino spouse, is recognized. Legal separation authorizes the couple’s separation from bed and board but leaves the marital cord unsevered. Any new relationship for either party may result in criminal prosecution in a country where marital infidelity is a crime. Annulment and declaration of nullity are concerned with validity and nullity issues. Causes of marital discord that develop after the couple take each other as husband and wife are beyond the province of the latter two remedies. The Constitution protects marriage as an inviolable social institution. It is argued that this is not an express or implied prohibition of divorce as the dissolution of marital unions where vows of love and fidelity are routinely breached and debased is also necessary to preserve the sanctity of marriage. Divorce is now customary international law which the Philippines must honor, judging from the fact all other UN member States permit it. Divorce is also an aspect of the human rights to marry and to life which the Philippines committed to respect, protect, and fulfill under its treaty obligations. Moreover, despite its strong Roman Catholic background, Philippine culture is receptive to divorce and in fact had a general divorce law for 33 years mostly as a colony of the United States. Religious dogma as basis for Congress’ phlegmatic attitude to divorce is misplaced in view of the separation of religion and State and the fact that even Canon Law authorizes annulment of marriage.

Marriage, sexuality, and holiness: Aspects of marital ethics in the <i>Corpus Paulinum</i>

A fundamental change in the understanding of marriage becomes apparent in the first century A.D., described by M. Foucault as the transition from a “matrimonial” to a “conjugal” marital concept. While early Christianity participated in this development, it also influenced it at decisive points and developed its own marital ethics. Through a consideration of philosophical (Musonius, Plutarch) and early Judaic (esp. Qumran, Jubilees) texts, this article outlines the marital concepts existing in the NT environment. In this context, the reciprocal community and the duration of the marital relationship are emphasized while sexuality remains wholly limited to reproduction. The core of the article offers a concrete analysis of texts from the Corpus Paulinum (1Cor 5-7; 1Thess 4:1-5; Eph 5:21-33), in which one can recognize, upon the backdrop of a traditional-hierarchical classification of man and woman, an equal and holistic relationship of the marital partners. Simultaneously – and here the Pauline texts extend beyond the borders of their environment – sexual intercourse is valued as an important component of the relationship between husband and wife. Here, the relationship of marriage, including the physical union of the marital partners, is theologically substantiated, and the frequently occurring semantics of “holiness” clearly plays a central role in the context of the marital texts. In the theologically substantiated union of the sexes one can recognize not only traditional, but especially Judaic forms of speech, created through the close interweaving of relationships between the sexes and the relationship with God. In addition, further norms that regulate early Christianity, such as the condemnation of adultery or the prohibition of divorce, become understandable in new ways.

A FRESH LOOK AT MALACHI II 13-16

AbstractIn this study it is argued that the main thrust of Mal. ii 13-16 is against those men within the YHWH-congregation in Yehud, who expel their first, "Israelite", wives in order to marry women of foreign faiths. In the context of a fresh exegesis of the passage, a reinterpretation of the textually difficult verse 15a is offered. As it stands, the MT is most adequately rendered by: "And no one who has acted that way, has a remnant of spirit". With slight emendations, however, the text can be reconstructed as referring to God's creation of man and woman in Gen. i-ii. This reconstruction makes good sense in the context of the dispute in which Malachi is engaged, providing an additional argument against the dissolution of marriage. Though verse 16a does not contain a general prohibition of divorce, the reconstructed text of verse 15a should be understood as a general argument for the indissolubility of marriage.

The Gospel Prohibition of Divorce: Tradition History and Meaning

Each of the present Gospel forms of the tradition of Jesus' words prohibiting divorce (Mt. 5.32; Mk 10.11-12; Lk. 16.18) is a natural development of a single original form which (1) lacked the exception clause (which probably arose in a Jewish Christian context where adultery was understood as causing the total destruction of a marriage, and which in any case represents a re-formulation of the moral vision of Jesus for practical implementation as a rule of life); (2) included the man's remarriage as an essential part of the action being criticized (this is where the adultery against the former wife takes place); and (3) contained a form of the second clause about marrying a divorced women which is to be understood as referring to a woman who has deliberately precipitated a divorce from her husband in order to contract a more desirable liason. This original is traced to the historical Jesus.

Mark 9. 42–10. 12, Matthew 5. 27–32, andB. Nid. 13b: A First Century Discussion of Male Sexuality

Matt 5. 27–32, from the Sermon on the Mount, and Mark 9. 42–10.12 are passages that contain similar material, although neither is directly dependent on the other. Both have sayings that deal with ‘offences’ caused by certain body members (the verb used is σκανδαλίζω), and both contain a version of Jesus' prohibition of divorce. Between these two passages and a third,b. Nid.13b, from the Babylonian Talmud, there also exist several similarities. Despite this intriguing configuration of materials, which might indicate that all three passages are dependent on a common set of traditions, scholars have approached these texts from a very different perspective. Those who posit a connection between the synoptic and the rabbinic materials do so only with respect to Matt 5, never Mark 9; and several scholars have instead sought parallels to the synoptic passages in Hellenistic gnomic literature, disregarding or ignoring the rabbinic material altogether. In the present study I intend to challenge the validity of these approaches and propose that there is indeed a common set of traditions to which all three of these texts are indebted. I will begin my investigation by highlighting three peculiarities of Mark 9. 42–48, and then posit a relation between this passage andb. Nid.13b. Following this I will bring the material from Matt 5. 27–32 and Mark 9. 49–10. 12 into consideration. One of the results of this study, as I shall explain more thoroughly in the conclusion, will be the identification of a discussion on male sexuality that took place in Jewish and Christian circles sometime in the middle of the first century C.E

The Matthean Divorce Texts and Some New Palestinian Evidence

THE RECENT publication of a passage from one of Qumran scrolls that may shed some light on Matthean divorce texts is occasion for a fresh consideration of those controverted verses. The Matthean passages are but two among several in NT which record sayings attributed to Jesus about prohibition of divorce. Four writers, in fact, have recorded prohibition that is traced to him. The earliest form of it is found in 1 Cor 7:10-11, but each of Synoptic Evangelists has also preserved some form of prohibition: Mk 10:2-12; Lk 16:18; Mt 5:31-32; 19:3-9. In fact, there are, in all, five passages with seven sayings about dissolution of marriage. Despite tone of a controversy-setting that surrounds pronouncement preserved in Mk 10 and Mt 19, which is sometimes thought to reflect more a later church-synagogue debate than a discussion of historical Jesus with Pharisees, two features have often been invoked in favor of authenticity of prohibition: independent attribution of saying to Jesus in First Corinthians and in Synoptics, and radical opposition of prohibition to well-known Jewish permission of divorce, usually associated with Mosaic legislation reflected in Dt 24:l-4. Likewise introduced at times into discussion of NT teaching on divorce are texts that do not deal with it explicitly, but that are instructions sometimes interpreted as implying prohibition. These are regulations set down in Deutero-Pauline letters that Christian episkopoi, presbyteroi, and diakonoi are to be mias gynaikos andres, husbands of one (1 Tim 3:2, 12; Tit 1:6), and that widow who was to be enrolled should have been henos andros gyne, the wife of one husband (1 Tim 5:9). The latter Deutero-Pauline instruction about