Marriage Rights Research Articles

Russia's Legal Policy Against Diaspora Marriages in Muslim Communities

This article discusses the politics of marriage law in the Russian Muslim diaspora. The Muslim community in Russia faces challenges in carrying out their marriage according to the principles of the Islamic religion amidst the legal regulations in force. This article analyzes the political development of marriage law in the Russian Muslim diaspora, including the recognition of Islamic marriage law, the settlement of legal conflicts between Islamic marriage and state law, and the role of Islamic organizations in safeguarding Muslim marriage rights. This article also presents case studies, examples of legal marriage practices in the Russian Muslim diaspora, and obstacles and solutions encountered in dealing with different legal regulations. This study uses normative research methods. Conceptual, literary and sociological approaches are used in normative or doctrinal research. Data analysis in this study used qualitative analysis methods. The results of the study state that there are political implications of the marriage law of the Russian Muslim diaspora, in addition to the challenges and opportunities in fulfilling the elements of the rights of the Muslim community in Russia. Therefore, it is expected to contribute to broadening the understanding of the politics of marriage law in the Russian Muslim diaspora and exploring issues related to Muslim marriage rights in the context of that country.

The Impacts of Divorce on Children: Exploring Consequences and Seeking Legitimate Solutions

With the acceleration of the divorce rate from the mid- 1960s to the early 1980s, the number of nontraditional families (such as single-parent families and reconstituted families) have increased relative to intact, first-time nuclear families, Divorce as a social carcass which yields as a results of separation between parents (couples) and divert them from their marriage rights has become one of the static problems of the day. . Although not entirely consistent, the pattern of empirical findings suggests that children's emotional, social, physical, and mental health adjustment, gender-role orientation, and antisocial behavior are affected by family structure, whereas other dimensions of well-being are unaffected. But the review indicates that these findings should be interpreted with caution because of the methodological deficiencies of many of the studies on which these findings are based. Several variables, including the level of family conflict, may be central variables mediating the effect of family structure on children. The purpose and aim of this paper is to investigate and study the consequences of Divorce on children. The study will also pinpoint the reasons of Divorce and effects both negative and positive aspect of Divorce. Secondary data will be apprehended to help as a perspective guide from recognized sources to elaborate the collective consequences of divorce on children. The study will also draw conclusions based on the diverse consequences of divorce on children.

Gender gaps in land rights: Explaining different measures and why households differ in Myanmar

AbstractMeasuring and understanding gender differences in property rights is key to informing policy decisions and guiding investments aimed at fostering gender equality. However, there are a myriad ways of assessing property rights. Firstly, we assess which indicators to use and why it matters, focusing on rural Myanmar. Myanmar provides an interesting setting, as a large part of the population customarily follows joint property rights in marriage and upon dissolution of marriage and inheritance. However, documented property rights are in the household head's name – usually a male household member. We find that capturing de facto transfer rights is essential, but understanding discrepancies between reported transfer rights and documented rights will be key to policymakers. Capturing agricultural decision‐making should remain a priority for agricultural projects. Second, we perform household‐ and intra‐household level analyses to explore why we find joint land rights in some, but not all, households; and why some household members have less land rights than others. A common property rights regime positively reinforces women's land rights, but incompletely so. Within households, a person's role in the household, age, and key life cycle events such as parenthood and marriage are key determinants of having land rights.

Gender Concepts In The Novels of Nazar Sajjad In The Context Of Feminist Reform

Thousands of years ago, system “Madr sari” system was prevalent. Women used to live independent life. Modern agricultural system introduced “Padar.shahi” system which changed the whole situation and women became subjugated and negligible, which placed them in defiance of the historical powder and dominance under the British Rule women were granted some of basic rights giving rise to their recognition in the society. The authors including female writers presented women as a subject of their novels. One of the female writers of that era is Nazar Sajjad Haider who presented the concept of modern and independent women with bravely.She is the mother of Qrat u lain Haider. She emphasized over the issues such as modern and higher education for the women, important of women consent at the time of marriage and men’ s right of second marriage, in her writings . This research work will analyze the social position of women under the novels of Nazar Sajjad Haider. She was practically a feminist who fought against the old fashioned and feudal prevalent traditions of her time.

“Socially Conservative, But Politically Liberal:” A New Trend in Muslim Political Elites’ View in Indonesia

A substantial amount of literature on conservative, liberal, and moderate views in Indonesia has been flooded with qualitative case studies. In contrast, this article discusses how Muslim political elites view Islam, democracy, and modernization in Indonesia by dichotomizing their socio-religious and political views divergently. Socio-religiously, it could be attributed to how they respond and practice their religious beliefs, such as prayer, performing five-time worship, reading the holy Qur'an, rejecting homosexuality, and interfaith marriage. Politically, it can be observed by how they respond to democratic citizenship equality, minority leadership, economic liberalism, Israeli-Palestinian issues, interfaith marriage rights, and the protection of LGBT. This article employed a qualitative study and conducted in-depth interviews with five Muslim political elites in Indonesia and consulted secondary data sources. In light of the convergence of Islam, democracy, and modernization, Muslim political elites in Indonesia hold a socially conservative but politically liberal viewpoint since they have to moderate their positions to please Islamic and nationalist voters within political liberalization. It causes them to rely not only on religious issues but also on good governance matters. This new trend in Muslim political elites’ views could impact people's perceptions by constructing a culture of liberal democratic models that are constantly changing and modifying, particularly in the Muslim world. This article could be beneficial for further research at the local and national levels or even be advanced to a quantitative study to contribute to the development of the modernization theory thesis in the Muslim world.

Empowering Women in the Social Context of India: problems and Possibilities

The main aims and objectives of this article are to explore the nature of empowering women in the social economical and political ground and to know what problems are faced by all concerned and to realize the role of the Government of India in empowering women by eliminating the problems. Gender discrimination in Indian social system exists from the days of immemorial. Naturally discrimination and injustice to women are very common in India in the third decade of the 21st century. In ancient Indian society the role of men was given importance but on the contrary no importance was given to the women. However,now we can notice a radical change of the women in Indian society.Like all the developed and developing country, India too is empowering women to bring back them to the mainstream of the society. It is known to all that the role of women in the progress and prosperity of a nation is not less. It is quite impossible to develop India if we cannot solve the problems related to gender discrimination.Naturally after independence; the social, political and economical aspects of the women were given importance to build a strong nation. Now equal importance is given to them in the fields of education and politics. As a result women literacy rate is increasing day by day and they are working as a decession maker in the various fields of our society. Now in our Indian social system women avail their law abiding rights in marriage, succession, politics, education and so on. Women are strengthening democracy by taking participation actively in national politics.

Hukum Islam Dan HAM: Tinjauan Hukum Poligami dan Kesetaraan Hak dalam Perkawinan

The Declaration of Human Rights (HAM) in 1948 by the General Assembly of the United Nations (UN) has become a reference for the international community and has influenced aspects of international law. However, the interpretation of human rights and their implementation within the national scope often clashes with local culture and laws. As Islamic law is codified in various Muslim countries which are also part of the United Nations. Is there a conflict between International Human Rights Law and Islamic Law then what is the solution, also how is the harmonization between Islamic Law and Human Rights regarding the permissibility of the practice of polygamy which violates the Principle of Equality is a question that must be answered thoroughly from the perspective of both. The dialogical approach finds answers that are very relevant, through the rule of "Mashlahah", Islamic law and international human rights can dialogue in order to reach a common understanding in order to realize human rights in the Muslim world. By utilizing women's legal rights, namely "ta'liq al-thalaq and tafwidh al-thalaq" or the marriage agreement in the marriage contract not to be polygamous, the practice of polygamy becomes everyone's "free choice". In the Indonesian context, it is regulated in Law no. 1 of 1974 concerning Marriage Chapter V Article 29, and Compilation of Islamic Law (KHI) Chapter VII Articles 45-52. The marriage agreement is also listed in the Counter Legal Draft Chapter V Articles 21 and 22. This is in accordance with Islamic Law and also fulfills the obligations of Muslim countries to guarantee equal rights in marriage.

Disregarding the Reproductive Rights of Women in Child Marriage in Indonesia

The phenomenon of child marriage frequently disregards children's reproductive rights. This study aims to explain the negligence of reproductive rights in child marriages by examining practices, factors, and the impacts of such neglect on girls' human rights. This paper employs a qualitative descriptive approach, and the data was gathered through the use of keywords to search the term "neglect of women's reproductive rights in child marriage”. The data was analyzed by reducing, describing, and interpreting the data in depth in order to reach a conclusion. This paper demonstrates that the practice of child marriage not only places females in a disadvantageous position, but also has an impact on reproductive rights, which has negative repercussions for survival, such as miscarriage, baby blues syndrome, and death. It is also anticipated that this paper can serve as a resource for conducting research on child marriage and the neglect of girls' reproductive rights from a broader and more multidisciplinary perspective, so that it can be used as a basis for formulating firm policies on reproductive rights

The Government’s Role in Interfaith Marriage Rights Protection: A Case Study of Adjustment and Social Integration

The research aims to determine the government's role in interfaith marriage rights protection in Indonesia and Malaysia. This research belongs to normative research that examines the role of government in the religious difference in marriage in Indonesia and Malaysia. This research employed a case approach, namely the study of the role of government in interfaith marriage rights protection. The techniques of collecting law items were conducted using literature research, while the analysis techniques were performed using deductive syllogism and interpretative methods. The results indicated that interfaith marriages are not technically recognized in Indonesia since the marriage connection is regarded to be a contract between two persons of the same religion. While this is going on, interesting cases frequently take place near the Malaysian and Indonesian borders, particularly in the Sambas region. The Indonesian government's role in intermarriage rights protection is manifested in the Indonesian judiciary. The courts have sanctioned multiple interfaith marriages. Religious conflicts that occur in Malaysia cannot be avoided. It may become a ticking time bomb or a flesh-piercing thorn

Anti-gender politics in Finland and Romania

This study examines the articulation of anti-gender politics in the parliamentary debates centred on two citizens’ initiatives in Finland and Romania. Although different in their endeavours (in Finland, supporting equal marriage rights; in Romania, attempting to legislate pre-emptively against them), these citizens’ initiatives resulted in significant defeats for the wider anti-gender campaigns in these countries. Examining closely the parliamentary debates ensuing these proposals, we evidence how anti-gender politics developed in ways specific to each examined polity and served as a key vehicle for different manners of retrogressive mobilisation, which bypassed left–right ideological cleavages and party loyalty. We scrutinise critically the discursive scenarios that coalesce in anti-gender politics in the two countries, and we map out both the commonalities and differences between the antithetic narrative scenarios, which hinge on the position of the child within a heteronormative nuclear family and the depiction of marriage equality as a harbinger of an impending societal collapse.

Taiwan's Same-Sex Marriage Legislation: Social Movement Strategies and Relational Dynamics

AbstractIn 2019, Taiwan became the first in Asia to legalize same-sex marriage (SSM). This article considers the social movement strategies and relational dynamics of three activist groups in the year leading to the landmark SSM legislation, respectively representing the “yes,” “no,” and “alternative” agendas in the public debates and social mobilization around the issue of equal marriage rights. Through a critical study of the three cases, this article examines how various campaigners shaped local SSM discourses and mobilized people to support, oppose, and question marriage equality, focusing on their social mobilization strategies and inter-group relational dynamics under Taiwan's political and legal structures. In so doing, it proposes a hybrid theoretical model to understand complex social movement and countermovement relations and dynamics.

Under the veil: women’s economic and marriage rights in Palestine

This article considers the debate relating to the implementation of the CEDAW in Palestine, particularly the issues relating to underage marriage and equal inheritance. Both of these issues have caused considerable controversy and opened a wide debate in Palestine due to the patriarchal socio-culture in Palestine, where it is considered that such rights would undermine the interests of the male elite and conflict with the dominance of men over women. Accordingly, the article provides an in-depth analysis of how the interaction of religious teachings, socio-cultural systems, and patriarchal traditions shape the Arab and Palestinian view on gender equality and women’s rights in the modern day. Furthermore, the article examines the influence of religion on the patriarchal and socio-cultural system in determining the efforts that are being made to achieve equality and discusses how the Palestinian authorities, human rights activists, and liberal political parties have not been able to overcome the power of traditional religious scholars and clerics who have a much greater influence and are able to win over public opinion. Our findings reveal that more progressive interpretations of Islam are possible, which in turn allows a fuller embrace of women’s rights. The findings also highlight the role of the Palestinian Authority and feminist groups in changing the mindset of Palestinian society regarding women’s rights and equality, where gradual steps that include economic empowerment, education and public engagement with enlightened scholars must be taken to achieve this change.

Protection for Marriage and the Family in a German Context: Focusing on the Implications on the Discussion of Same-sex Marriage in South Korea

There has been very little progress in guaranteeing the rights of sexual minorities in South Korea, and the general situation in terms of recognizing same-sex relations is much worse than in the EU or Germany in that the acceptance level is extremely low.
 The issue of same-sex relations, particularly same-sex marriage is a challenge in Korean society. When the political process does not work properly, complex political problems must be solved by means of the judiciary. The judgment of the court appeared as a form of civil discourse linking judicial activism, social movements, and the human rights movement. In this way, the civil discourse regarding law, rights, and justice no longer remains solely in the area of specialists. Judicial judgments initiate democratic communication between the people and the state, without being restricted to simply being the judgment about an individual’s limited interests.
 There is great diversity in modern family structure: heterosexual or same-sex couples who assume responsibility for children in marriages, registered partnerships, or de facto relationships; and children who are conceived naturally or by methods of assisted reproduction, and are related to both, only one or none of the two or more people they are raised by. In general, the concept of family that is protected under the Constitution is difficult to define as a specific family type because the concept of family is constantly changing amid the development of various family forms.
 From the perspective of the evolving concept of family in a German context, differences between Article 119 of the Weimar Constitution and Article 6 GG can be pointed out. Firstly, marriage is no longer seen as the foundation of a family under the concept of family stipulated in Article 6 GG. Equality of both sexes has served to promote equality not only within the institution of marriage but also in society in general, which actually provided steps toward equal marriage rights. Equal marriage rights grant the right to marry to couples in different-sex relationships as well as same-sex relationships.
 The Korean Constitution does not explicitly define the legal concept of marriage. The right to same-sex marriage should be protected as an individual life plan, and lifestyle including marriage or childbirth are respected. A democracy whose aim is to protect diversity should recognize a diversified form of the family. In respecting diversity, same-sex marriage should also be recognized as a minority protection of human rights.

A novel curriculum for the Same-Sex Marriage Act and Patient Right to Autonomy Act (SMPRA) module based on two new laws in Taiwan: a mixed-methods study

BackgroundThe establishment of laws has had a tremendous impact on holistic medical care. The Patient Right to Autonomy (PRA) Act and the Same-Sex Marriage Act have been passed in Taiwan, and both have sparked intense societal debate. The Same-Sex Marriage Act and PRA Act (SMPRA) teaching module was created for the Gender, Medicine, and Law (GML) course of the medical curriculum. This video trigger-assisted problem-based learning (VTA–PBL) software has integrated content on the aforementioned legislative proclamations. It upends conventional beliefs and fosters reflective practices on sexual rights and the right to representation among medical students. This study examined how the SMPRA module affected the knowledge and attitudes of medical students taking up the GML course.MethodsA simple pre-/post-test design evaluated the outcomes of the PBL module to examine the changes in knowledge and attitudes of medical students toward same-sex marriage rights. In 2019 and 2020, 126 and 49 5th-year medical students took up the GML course, respectively. The GML components included a video scenario representing advanced decision-making and a healthcare agency with a same-sex couple, a PBL discussion, and student feedback presentations. The mechanisms of feedback collection and measuring student knowledge and attitudes toward sexual rights differed between one cohort in 2019 and the other in 2020. Pre- and post-lecture tests were used in the first school year, whereas a post-lecture open-ended questionnaire survey was used in the second school year.ResultsIn total, 90 and 39 eligible questionnaires were received in the first and second school years, respectively, which corresponded to response rates of 71% and 80%. Students showed a better understanding of and positive enhancement of proficiency in legal and ethical content and relevant clinical practice. Qualitative analysis revealed that students viewed healthcare providers as checkpoints for conflicts of interest; medical ethics as the cornerstone of clinical practice; cultural background as a significant influence on decision-making; and empathetic communication as the cornerstone of relationships between patients, family members, and doctors.ConclusionThe GML course of the SMPRA module fosters reflective practices on ethical and legal sexual rights issues.

Equal marriage rights and the European Courts

The legalisation of same-sex marriage has taken off globally in the last thirty years, especially in Europe; thirty-three countries around the world, nineteen of which are in Europe, have opened up civil marriage to same-sex couples. The Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) have also had their share of equal marriage rights cases before them to decide upon. This contribution discusses the role the two European courts have played in this field and how their case law has developed, in somewhat parallel stages, throughout the years.

What Impact Does the Judgement of Madras High Court in Case of Arunkumar and Sreeja V. Inspector General of Registration and Others, Would Have on Marriage Rights LGBTQ Community.

What Impact Does the Judgement of Madras High Court in Case of Arunkumar and Sreeja V. Inspector General of Registration and Others, Would Have on Marriage Rights LGBTQ Community.

Complicating Conformity

In the fall of 1989, the queer community became embroiled in a fierce debate over whether to press for marriage rights. Two attorneys from Lambda Legal, a leading gay and lesbian rights organization, set out the competing considerations in the pages of Out/Look, a community magazine. Tom Stoddard, the then-executive director, argued that the movement should prioritize marriage rights because that strategy provided the surest path to equality. Paula Ettelbrick, Lambda's Legal Director, disagreed. She conceded that marriage provided “the ultimate form of acceptance” and “an insider status of the most powerful kind.” That fact, however, was the problem. Gays and lesbians, she argued, should not be focused on assimilating to the mainstream, but rather should pursue justice for those who were different.

Proměny právního postavení ženy v Rakousku ve 20. století

For a long time, legislation codified the unequal status of women in Austrian society in relation to men. Nevertheless, in the early 1970s, some blatantly discriminatory provisions based on the General Civil Code (1811) and the Criminal Code (1852) were still in force. Although Austria was one of the first European states to grant women universal suffrage, their position did not improve significantly in fact or in law during the First Republic. After World War II, the ruling coalition of the Austrian People’s Party and the Socialist Party of Austria became aware of the archaic nature of family and criminal law. Substantial changes in this area were hindered / prevented by the need for government compromise. During the one-color social democratic governments led by Bruno Kreisky, several important legal norms were adopted. For example, the reform of the criminal law brought about the legalization of adult homosexuality, zoophilia, the introduction of fines instead of imprisonment, and above all, the legalization of abortion. The reform of family law meant, for example, the equalization of illegitimate children with children born in marriage, the introduction of the principle of equal rights in marriage for men and women, and changes in the area of community property and divorce. From the mid-1980s to the end of the millennium, women’s issues policy was based on the renewed cooperation between the SPÖ and the ÖVP at the federal level. The grand coalition continued to separate the policies in support of women and family policy. There was the introduction of marital and partner rape into the criminal code, as well as the possibility of equal maternity leave for men and women. Despite significant progress, the lower woman’s financial remuneration for identical work persisted, as did their rather negligible representation in politics at federal, state, and municipal levels, not to mention their attainment of leading positions in state-owned enterprises and private companies.

Peace on Our Terms: The Global Battle for Women's Rights after the First World War

Peace on Our Terms: The Global Battle for Women's Rights after the First World War

Fragmented Sexual Citizenship in China: Marriage Law, Assigned Guardianship System, and Gay Lives

The legalization of same-sex marriage in China remains unlikely to be achieved. Some same-sex couples have begun to use legal guardianship as a way to obtain some of the rights of marriage. Even if the assigned guardianship system grants some marriage privileges, it denies same-sex couples access to social aid, protection from domestic violence, a reduced mortgage, and communal property, among other things. In this paper, I analyze and evaluate the Civil Code of the People’s Republic of China and conduct interviews with a lesbian couple and a gay couple who have previously applied for assigned guardianship to determine how the assigned guardianship system in China prevents same-sex couples from attaining full sexual citizenship.