Question Of Divorce Research Articles

MENGAMPUNI (ἀπολυω): SIKAP ETIS YESUS TERHADAP PERCERAIAN – BERDASARKAN MATIUS 19:1-9

This article proposes a theological construction of Jesus’ ethical attitude towards divorce. The conflict between the socio-political practice that legalizes divorce and the narrative of religious rhetoric against divorce is the cause of many divorces in Christian families. An understanding of the ethical morality of Christians towards divorce shows that there is an excessive adherence to the biblical text without considering the context. I use hermeneutic principles through the dialectic of the text and the context of the Gospel of Matthew 19:1-9 as the method used by Jesus to understand the reality of the Torah text. This effort aims to assist Pastors in pastoral care when accompanying families who are about to divorce. This article uses a literature research method with a text centred (synchronic) approach and a qualitative method to examine the results of field research. The results showed that the text of Matthew 19:1-9 was about to criticize the attitude of Pharisees who wanted to trap Jesus through the question of divorce. It turns out that Jesus has His own Halakhah, that is, forgiveness to avoid divorce.

The Question of Divorce Based on Matthew 19:1-12: Did Jesus legalize divorce on grounds for sexual immorality?

The paper was guided by the question of divorce based on Matthew 19:1-12, on whether Jesus legalized divorce on grounds for sexual immorality. After evaluating the Jewish setting, historical and geographical background, and the immediate context of Matthew 19:1-12 suggests that by the exception clause ("except for porneia") Jesus permitted divorce only in the case of an unlawful marriage to a near relative and betrothal period. By means of the porneia exception, Jesus did not intend to impose the Levitical norms for legitimate marriage, but simply to declare that when such norms were violated, there was a valid reason for the dissolution of marriage. This view is consistent with the absolute value that Mark, Luke, and Paul placed on the saying of Jesus. I can conclude that by the exception phrase about porneia, Jesus did not intend to open the way for divorce and remarriage in the case of sexual misconduct. Rather, he wished to reaffirm the creation account of permanence of the marriage union but allowing divorce in a case of an unlawful marriage specifically during betrothal period and incestuous relationship. The teaching of Jesus in Matthew 19:1-12 can be summarized in two points. First, divorce is forbidden because it violates God’s intention of marriage as a permanent union of two persons. Second, remarriage after divorce is adultery because divorce does not dissolve the marriage union.

Divorce and Remarriage

In a magisterial book-length study, Professor E. Christian Brugger concludes that the canons of the Council of Trent, given the beliefs and intentions of its participants, provide “a dogmatic definition of the absolute indissolubility of marriage as a truth of divine revelation” (original italics). The present concern is whether Brugger’s arguments support this conclusion. Also subject to scrutiny are the relevance, plausibility, and consistency of the conciliar thinking on which his arguments are premised. It will be argued that Brugger’s conclusion is unwarranted, leaving the question of divorce and remarriage an open one.

The Question of Divorce and the Mandate of the Jurist Over the Unwilling Husband in Lebanese Muslim Shiʿi Jurisprudence: A Legal Reform?

AbstractThis article examines Muḥammad Mahdī Shams al-Dīn’s unstudied work, Fasād al-ʿalāqa al-zawjiyya: Wilāyat al-ḥākim al-sharʿī. Shams al-Dīn, who at the time was the head of the Supreme Islamic Shiʿi Council (SISC) and oversaw the religious courts in Lebanon dealing with personal status laws (marriage, divorce, child custody, inheritance laws), witnessed at firsthand women’s suffering, loss of rights, and the long court battles when a husband refused to divorce. The injustices committed against women by some men prompted Shams al-Dīn to find a juristic basis for curtailing men’s power and for defending women’s rights to custody, maintenance, and the deferred bridal gift. In the aforementioned work, Shams al-Dīn examines the scope and limits of the jurist’s authority, and whether such authority allows the jurist to execute divorce without the husband’s approval. His understanding of the concept of the jurist’s authority over the unwilling husband, coupled with his theoretical considerations on marital relations, has wider implications for Lebanese Shiʿi Muslim women and Jaʿfarī religious courts in Lebanon. Despite the profound nature of his reforms, Shams al-Dīn’s work is problematic, in that he leaves the husband’s unilateral right to divorce (even if provisionally) untouched and falls short of finding the theoretical basis for a contract in which equality between the spouses is built-in (even though it is possible in Shiʿi law).

Changing Gender Roles in Irish Farm Households: Continuity and Change

Focusing on gender roles in farm households during the period 1987-2012, this paper draws on four discrete qualitative studies to identify and chart selected continuities and changes shaping contemporary farm households. In Ireland, there are roughly 140,000 farm enterprises with the vast majority managed and operated by farm households. As a social unit, the farm household has been subjected to substantial change over time. Whilst some of these changes represent distinct breaks from the past, others are continuations of trends that have been at work within farm households over decades. These developments have impacted on the micro-interactions within the family, resulting in significant structural changes in broad social relations and, to a lesser extent, impacted on gender roles in farm households. The paper explores these developments by focusing on four aspects of gender relations that reflect continuity and change: women’s employment on and off the farm; how farming institutions have viewed and interacted with men and women over time; inheritance, the transfer of property and the question of divorce; and gender identities within the family farm. The paper establishes that, whilst there were substantial changes in gender roles within the farm family, we conclude that these are not reflective of the dramatic change in broader social relations. This, in part, reflects the co-option of women’s identities in order that the work identity of the male farmer, as the decision-maker and the person in charge, be maintained.

Bourgeois Women and The Question of Divorce in Finland in The Late 19th and Early 20th Centuries

This article explores perceptions and actions of Finnish upper-middle-class women with regard to divorce in the late 19th century and early 20th century. Divorce was discussed in the periodicals of bourgeois women’s associations and later in Finnish Parliament, in which several leading figures of the bourgeois women’s associations were elected as members from 1907 onwards. Compared to other issues related to marriage and its legislation, divorce was not an especially important question for bourgeois women, but a tool to promote other issues. Women writers demanded drunkenness and violence as new grounds for divorce, and proposed that loveless marriages should be made possible to dissolve. Moreover, writers were concerned about mothers’ custodian rights over their children, and demanded that mothers should be given the primary right to guardianship after divorce. Even though upper-middle-class women presented straight opinions about divorce in their periodicals, women parliamentarians brought out their claims only indirectly in their bills. Nevertheless, most of their objectives were realized when the new Marriage Act was approved in 1929.

Domestic Tensions, National Anxieties: Global Perspectives on Marriage, Crisis, and Nation. Edited by Kristin Celello and Hanan Kholoussy (New York, Oxford University Press, 2016) 279 pp. $99.00 cloth $29.95 paper

<i>Domestic Tensions, National Anxieties: Global Perspectives on Marriage, Crisis, and Nation</i>. Edited by Kristin Celello and Hanan Kholoussy (New York, Oxford University Press, 2016) 279 pp. $99.00 cloth $29.95 paper

“Woman and Her Needs”: Elizabeth Oakes Smith and the Divorce Question

Throughout the 1840s and 1850s, women’s rights advocates and other reformers engaged in repeated public debate about what was broadly termed the “marriage question.” One such advocate was the poet, novelist, lecturer, and activist Elizabeth Oakes Smith. Although a radical crusader for women’s rights on most questions, Oakes Smith resolutely opposed the liberalization of divorce laws. This article aims to unpack her position, particularly within the context of the “Free Love Controversy,” the contest over marriage that erupted at the end of American socialism’s first wave. Grounding Oakes Smith’s position against the intellectual backdrop of socialist marriage reformers, this article argues that Oakes Smith, like many political economic radicals, opposed divorce because they saw it as the embodiment of market culture’s radical individualism.

Changing Gender Roles in Irish Farm Households: Continuity and Change

Focusing on gender roles in farm households during the period 1987-2012, this paper draws on four discrete qualitative studies to identify and chart selected continuities and changes shaping contemporary farm households. In Ireland, there are roughly 140,000 farm enterprises with the vast majority managed and operated by farm households. As a social unit, the farm household has been subjected to substantial change over time. Whilst some of these changes represent distinct breaks from the past, others are continuations of trends that have been at work within farm households over decades. These developments have impacted on the micro-interactions within the family, resulting in significant structural changes in broad social relations and, to a lesser extent, impacted on gender roles in farm households. The paper explores these developments by focusing on four aspects of gender relations that reflect continuity and change: women’s employment on and off the farm; how farming institutions have viewed and interacted with men and women over time; inheritance, the transfer of property and the question of divorce; and gender identities within the family farm. The paper establishes that, whilst there were substantial changes in gender roles within the farm family, we conclude that these are not reflective of the dramatic change in broader social relations. This, in part, reflects the co-option of women’s identities in order that the work identity of the male farmer, as the decision-maker and the person in charge, be maintained.

Divorced from Political Reality: The New Limits of Ecclesiastical Power in Malta

Divorce legislation was enacted in Malta in 2011 following a consultative referendum. Until then the biggest barrier to divorce had been the perceived influence of the Catholic Church, expressed not just in its presence in many spheres of public life, but in historical reminders of the political costs of challenging its status and doctrines. The process leading to the introduction of divorce showed: that the political parties still feared confronting the Church; that the Church itself had been losing ground as a politically coercive or persuasive force; and that the biggest challenge to its status and relevance was coming from below, as a result of people's changing attitudes and lifestyle. This contrasts starkly with the history of Church–State relations and its landmark political–religious conflicts, involving the ecclesiastical establishment on the one hand, and secularising political forces on the other. Retracing the history of political–religious strife, this paper seeks to evaluate the changing quantity and quality of ecclesiastical power in Malta, up to the point when the divorce question exposed its limits, though not its end.

(The Markan and Matthean) Jesus’ appropriation and criticism of the Torah: The question of divorce

According to the Gospel of Matthew, Jesus functions as a Moses figure who, in the Sermon on the Mount, gave the new law of the kingdom of God. In this article it is argued that Jesus drew his ethic from his Jewish tradition, as manifested particularly in the Pentateuch. However, although being an inspiring source, to Jesus the Pentateuch (or scripture) was not an authority that could not be challenged or criticised. This is illustrated by focusing on the question of divorce (Mk 10:2–12; Mt 5:27–32; 19:3–12). It is argued that Jesus’ use of the Pentateuch was guided by an ethic of compassion. In view of Jesus’ stance, an uncritical use of the Bible (as manifested for example in many Christian circles) ironically contradicts the Bible’s own message and nature.

Bias Gender Dalam Perceraian (Studi Perbandingan antara Talak dan Cerai Gugat)

Islam respects the existence of marriage institutions and terms marriage as a strong bound (misthaqan ghaliza) that has to be looked after. However, Islam allows married couples who have some reasonable arguments to get a divorce albeit this is not a preferable deed. InIslam, divorce could be initiated by either husband (talaq) or wife (khulu'). This article is an attempt at discussing the question of divorce in Islam, focusing on the issues of talaq and khulu'. It then discusses how the divorce proceedings are implemented at Religious Courts in Indonesia.

Marriage and Divorce in America

In John Updike's story of marital breakup, Separating, daughter, Judith Maples, home after a junior year in England contrasts American mode of responding to gas shortage (the OPEC embargo) with how English responded to electricity workers' strike: It was so sweet . . . during worst of it, how all butchers and bakery shops kept open by candlelight.... From papers, things sounded so much worse here: people shooting people in gas lines, and everybody freezing (197). This has everything to do with Maples' which Updike contextualizes as a national question, implicating American individualism and social irresponsibility. Is this a stretch? It's not, according to five books under review. But is divorce a departure from traditional American values or an instance of them? The American right wing sees it as a catastrophic departure that threatens fabric of American moral identity: [O]bservance of Christian model monogamy was made to stand for customary boundaries in society, morality and civilization; nation's public backing of conventional became a synecdoche for everything valued in American way of life (Cott 219). This is not new. The nineteenth-century novels of courtship Karen Tracey studies focus on female characteristics are most apt to contribute to happiness of individual, to solidity of middle class family, and to strength of a nation (14). But does happiness curl up comfortably with solidity and, if not, which should one choose? Norma Basch shows how Victorian American moralists championed what they believed to be the self-sacrificing communitarianism of against selfish individualism of divorce, thereby translating the divorce question into a symbolic focal point for competing worldviews (188). Thus marriage was (and is) a metonym for social order (3).

Milton's 'Christian Talmud'

This essay argues that Milton's divorce tracts recuperate Hebraic thought as a means of challenging prevailing orthodoxies of the Christian intellectual tradition. By siding with Hebraic interpretations of divorce law, Milton seeks to expand the social liberties of contemporary Christians beyond Christian scriptural precedent. The domestic liberty to divorce on grounds of intellectual incompatibility further implies a radical displacement of political as well as exegetical legitimacy from established institutional sites of authority. Milton gives voice to a notoriously complex relation to authority by means of his investigation of pedagogy as the biblical trope for Christian inheritance and succession from Jewish tradition. Education is therefore presented as an interpretive principle, which is best illustrated by the example of Rabbi Jesus as he confronts the Pharisees on the question of divorce. In this context, the individual's vexed relation to tradition illustrates the urgent need to historicize Christianity in order to recover a truly Christ-like iconoclasm. Thus this essay sets Milton's appropriations of rabbinic thought in the broader Reformation context of resistance to human traditions while also showing how the curious marriage, divorce and reconciliation of Judaism to Christianity lies at the heart of Milton's knowing but at times contradictory intervention into intellectual history.

Irreconcilable Differences: Divorce and Women's Drama before 1945

Modern British drama, influenced by Ibsen and the feminist movement, is replete with criticisms of the institution of marriage — re-evaluations of traditional gender roles, condemnations of the sexual double standard, and critiques of the various social, economic, and psychological inequalities arising from the marriage contract. British dramatists nevertheless resisted ending their plays with the parting of husband and wife, despite the impact of Ibsen 's A Doll House through the first half of the twentieth century. Divorce seldom received serious treatment on stage, although the issue attracted lively sociopolitical debate during this period. After World War I, mainstream theatre and film began to exploit the comic potential of the subject, but few dramatists ventured to represent divorce as a serious alternative to reconciliation. Two little-known plays, however, both written by women and produced in London between the wars, take up the issue in all its complexity: Clemence Dane's A Bill of Divorcement (1921) and Elizabeth Baker's Penelope Forgives (1930). These bold and provocative treatments of divorce remain quite distinct from those of more prominent male dramatists of the period, such as Shaw and Coward, as well as from mainstream farce and film. Like many women playwrights of the period, Dane and Baker engage directly with political and intellectual debates of their day, and they are best understood within that context. Both write from feminist perspectives, but they take different approaches to the divorce question as it was conceived in their time, Dane emphasizing eugenics, and Baker, class and economics. However, their plays are of interest not on)y for their response to the immediate political situation but also for their departure from the conventional comic — romantic structure shaping so many representations of marriage and even divorce in British drama before World War II.

Divorce in the Libyan Family: A Study Based on the Sijills of the Shari'ah Courts of Ajdabiyya and Kufra

This is a study of the way in which various courts in Libya deal with questions of divorce in an almost exclusive tribal, still nomadic, environment. The author explains how local divorce law is a blend of statutory, Islamic, and customary law. By investigating all the varieties of marriage dissolution recorded in the sijjilat of the shari'a courts of Ajdabiyya and Kufra and by analyzing the part played, respectively, by shari'a law, customary law and some compromise between the two, he provides hard evidence on the nature of compromise on one point after another. The principles are by no means confined to the localities that are examined here in such meticulous detail. Much light is thrown on the way in which the authority of shari'a law habitually thought to impinge on tribal or local customs in sixth areas, on the one hand, and low Muslim courts, on the other hand, to try to adopt the principles of the shari'a to the exigencies of the local situation.

Postmodernism and Divorce: Reflections on Gergen’s Notion of the Saturated Self in Relation to Modern Divorce

This article explores Gergen’s concept of the saturated self in relation to issues of divorce in contemporary America. The postmodern metaphor of the saturated self, a self comprising multiple, contradictory potentials, can help therapists who work with individuals and couples struggling with the question of divorce. Therapists can use the ideas presented to help depathologize common experiences with divorce and allow clients to explore alternative understandings of themselves and their world in a way that expands possibilities for being in relationship. Specific techniques for incorporating these ideas into clinical practice are presented.

Carmen de Burgos and the question of divorce

Carmen de Burgos and the question of divorce

Debating Divorce: Moral Conflict in Ireland

In 1986 a national opinion poll indicated that over half of Irish voters favored an upcoming referendum to remove the constitutional ban on divorce. Yet, after nine weeks of vigorous debate during which forces on both sides of the issue presented their cases to the public, the amendment was defeated.In Debating Divorce, Michele Dillon uses the divorce referendum debate in Ireland as a base from which to explore the long-standing sociological preoccupation with how societies decide questions of values. Focusing on culture and moral conflict, she examines the stances adopted by the major players in the debate: the government and the political parties, the Catholic church, women, the print and broadcast media, and activists, on both sides.Although the issues of moral conflict that Dillon discusses have special relevance in demarcating Irish cultural values, they also apply to how people in general reason about morals and values. The author highlights the nature of moral discourse, the use of contradictory arguments in moral reasoning, the difficulty of trying to shift moral paradigms during non-revolutionary times, and the impossibility of keeping facts and values distinct as people grapple with conflicting moral claims.Examining the divorce question within historical themes of economic insecurity and Catholic identity, Dillon argues that the discourses articulated during the debate illustrate a universal tension between the forces of tradition and those of modernity. She dissects Irish opposition to divorce in terms of current challenges to rationality and its association with progress and goodness. Debating Divorce will appeal to sociologists and scholars of Irish studies, communication, culture, and religion, as well as to general readers with an interest in Ireland or moral discourse.

H.S. v. Gambino

The individual in international law — Nationality — Nationality of married women — Dutch woman marrying foreigner — Circumstances in which husband's nationality acquired in the absence of common nationality — Test of effective nationality — Applicability of Hague Convention for the Regulation of Conflicts of Laws and of Jurisdiction in Questions of Divorce and Separation, 1902 — The law of the Netherlands