Redesigning the Family Law System to Promote Healthy Families

2015 ◽  
Vol 53 (3) ◽  
pp. 361-370
Author(s):  
William J. Howe ◽  
Elizabeth Potter Scully
Keyword(s):  
Family Law ◽  
Law System ◽  
The Family

scholarly journals Menakar Keadilan Hukum Waris Islam Melalui Pendekatan Teks dan Konteks al-Nushûsh

2012 ◽  
Vol 12 (2) ◽  
Author(s):  
Muhammad Amin Suma
Keyword(s):  
Legal System ◽  
Distribution System ◽  
Family Law ◽  
Distribution Method ◽  
Inheritance Law ◽  
Male And Female ◽  
Law System ◽  
The Family

Abstract: Measuring the Justice of Islamic Inheritance Law by Drawing upon the Text and Context of al-Nushûsh. Accusations against the Islamic inheritance distribution system are surfacing again. Several groups are finding fault with the 2:1 distribution for Islamic inheritors. They suggest this distribution method be converted into 1:1, like it is in the Western system of inheritance and like it is to some extent in Adat inheritance law. This study points out that theoretically Islamic inheritance law looks very clear, comprehensive and fair, from whatever angle you look at it. This takes into account, in a balanced way, the distributions that use the 2:1 approach for joint male and female heirs. The key to understanding this is inheritance has to be treated entirely as a sub-system of the family law system, and even has to be understood as an integral part of the whole Islamic legal system, which is sound and comprehensive.Keywords: justice, inheritance law, textual, al-nushûshAbstrak: Menakar Keadilan Hukum Waris Islam Melalui Pendekatan Teks dan Konteks al-Nushûsh. Gugatan mengenai sistem pembagian kewarisan Islam kembali muncul ke permukaan. Beberapa kalangan mempermasalahkan perimbangan waris Islam 2:1. Mereka menawarkan metode perimbangan ini menjadi 1:1, sebagaimana pada sistem hukum kewarisan Barat dan sebagian hukum kewarisan Adat.  Studi ini menunjukkan bahwa dari sisi mana pun hukum kewarisan Islam secara teoretik tampak sangat jelas, lengkap, dan adil. Termasuk dalam konteks perimbangan pembagiannya yang menggunakan pendekatan 2:1 untuk ahli waris laki-laki dan ahli waris perempuan. Kunci untuk memahaminya harus menempatkan posisi kewarisan sebagai sub sistem dari sistem hukum keluarga secara keseluruhan bahkan harus dipahami sebagai bagian integral dari keseluruhan sistem hukum Islam yang bersifat utuh dan menyeluruh.Kata Kunci: keadilan, hukum kewarisan, tekstual, al-nushûshDOI: 10.15408/ajis.v12i1.965

Mental Health and the Family Law System

2004 ◽  
Vol 10 (1) ◽  
pp. 50-70 ◽  
Author(s):  
Bryan Rodgers ◽  
Bruce M. Smyth ◽  
Elly Robinson
Keyword(s):  
Mental Health ◽  
Family Law ◽  
Law System ◽  
The Family

scholarly journals Prawnokarna ochrona prawidłowego funkcjonowania rodziny

2020 ◽  
pp. 367-380
Author(s):  
Krystyna Szczechowicz
Keyword(s):  
Criminal Law ◽  
Family Law ◽  
Criminal Code ◽  
The Other ◽  
Law System ◽  
The Family ◽  
The One

This article deals with the issue of the scope of protecting marriage and the family in the Polish criminal law system. The family is subject to Chapter 16 of the Polish Criminal Code, which is entitled “Crimes against family and guardianship”. The chapter’s title indicates that family and care are the legal generic good protected by the provisions it contains. However, the legislator’s actions are restrained so as not to interfere too much in the functioning of a family, on the one hand, while, on the other, providing protection for its members. The problem also involves the emotional bond between the perpetrator and the victim, which in many cases leads to non-disclosure of the fact of committing a crime. Criminal law is, in many cases, intended to strengthen civil and family law regulations.

scholarly journals THE IMPORTANCE OF INTER-AGENCY COLLABORATION AND FAMILY LAW NETWORKING IN HANDLING FAMILY CASES: EXAMPLE FROM AUSTRALIA

2019 ◽  
pp. 42-50
Author(s):  
‘Ain Husna Mohd Arshad
Keyword(s):  
Social Issues ◽  
Family Law ◽  
Practical Aspect ◽  
Legal Issues ◽  
Vulnerable Groups ◽  
Financial Health ◽  
Law System ◽  
Black And White ◽  
Parental Obligations ◽  
The Family

Family law is one of the areas that requires the collaboration of experts and practitioners from various discipline. The objective of this paper is to discuss the importance of inter-agency collaboration between various agencies in order to resolve family cases holistically. This is rooted in the understanding that family cases normally involve legal and non-legal issues that require resolutions which are beyond black and white of the law. Some cases involve financial, health or other social issues that call for advice from experts in that area. Based on the study conducted, it is found that inter-agency collaboration is needed due to limitations in the substantive family law, it is also to help vulnerable groups, and to provide holistic resolution of family disputes. Understanding the importance of such collaboration, this paper subsequently looks for example based on the practice of Australia that has established a network to coordinate the family law system. The network has been able to disseminate information and conduct pieces of training, expedite the process of referral effectively, and establish linkages between specialists in family law. Such networking and collaboration can help the litigants dealing with their legal, emotional and practical aspect of the issues that they are facing. It also helps the agencies gain a mutual understanding of each other’s role and functions. In addition to that, it may help the disputing parties making an informed decision and prepare for future adjustment to carry on with their parental obligations.

Children and Law in the Shadows: Legal Ideologies and Personal Strategies in Response to Parental Abductions in Japan

2021 ◽  
Vol 29 (3) ◽  
pp. 523-549
Author(s):  
Allison Alexy
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
Family Law ◽  
Legal Consciousness ◽  
Legal Assistance ◽  
Family Conflicts ◽  
Japanese Family ◽  
Law System ◽  
The Family ◽  
Individual Strategies

Abstract In contemporary Japan, police and law enforcement are often reluctant to assist in family conflicts. In practice, law enforcement and the family law system offer little assistance for people struggling with family conflicts in particular, following the logic that “law does not belong in families.” This article examines the informal, familial, financial, and social means people use to solve what might be called “family problems” when formal legal assistance is foreclosed. Operating as alternatives to the legal system, these strategies nevertheless are structured directly in response to the formal legal system, what it supports and allows. The article uses theorizations of legal consciousness, law's “shadows,” and “order without law” to compare strategies and reactions of Japanese citizens and foreigners engaging the legal system in Japan. It argues that the written and unwritten rules surrounding Japanese family law reward those who seek solutions outside of formal channels, thereby co-constructing the legal system as unable to solve family conflicts. Linking individual strategies with outcomes, it concludes that family members who expect less assistance from the formal legal system often end up winning more.

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