scholarly journals The Majelis Tarjih Muhammadiyah’s Fatwa on the Pregnant Marriage: A Maqāṣid Approach

2020 ◽  
Vol 1 (1) ◽  
pp. 68
Author(s):  
Nurul Afiyah Hikmatul Mutmainah
Keyword(s):  
Pregnant Women ◽  
Muslim Majority ◽  
The Law

This study aims to analyse the Majelis Tarjih Muhammadiyah’s fatwa on the case of pregnant marriage applying the maqāṣid al-sharī’ah approach. There are three rationales why this research is important. First, this issue is considered controversial as opinions regarding the law of pregnant marriage among Islamic scholars are quite diverse. Second, Muhammadiyah as an Islamic organisation in the largest Muslim majority country (Indonesia) has a semi-authoritative body, namely the Majelis Tarjih Muhammadiyah; to provide religious views for its members. Third, this research is important to examine the council’s fatwa whether it is in accordance with maqāṣid al-sharī’ah. Based on the author’s analysis, it has been argued that the Majelis Tarjih Muhammadiyah’s fatwa on the law of pregnant marriage is in accordance with maqāṣid al-sharī’ah. This research also studies various opinions and methods used by Muhammadiyah. Finally, this research concludes that pregnant women should not be married except by men who cause pregnancy or by their ex-husbands.

scholarly journals CHOICE OF ISLAMIC LAW AS THE GOVERNING LAW IN ISLAMIC FINANCE CONTRACTS: THE UNITED KINGDOM AND NIGERIAN PERSPECTIVES

2017 ◽  
Vol 25 (1) ◽  
Author(s):  
Kareem Adebayo Olatoye ◽  
Abubakri Yekini
Keyword(s):  
United Kingdom ◽  
Islamic Law ◽  
Islamic Finance ◽  
Unique Problem ◽  
Party Autonomy ◽  
The United Kingdom ◽  
Muslim Majority ◽  
The Law ◽  
Governing Law

The globalisation of Islamic finance has brought the adjudication of Islamic finance disputes before non-Muslim courts and arbitral tribunals in Europe, America and elsewhere. Expectedly, the issue of the validity of the selecting Islamic law as the governing law of an Islamic finance contract often arises before these courts and tribunals. The article seeks to address the attitude of the United Kingdom and Nigerian courts to this unique problem. The thesis of the paper is that while the parties’ reasonable expectations in having their Islamic finance contracts governed by the Shari’ah may be met in Nigeria and by extension in other Muslim-majority countries, the contrary is the case in the United Kingdom and Europe where the courts do not generally favour the application of Islamic law. The paper advocates that the doctrine of the proper law of contract should be extended to Islamic finance by upholding Islamic law as the law selected by the parties (on the basis of party autonomy) or alternatively, as the system of law with which an Islamic finance transaction is most closely connected.

7. Contraception, Abortion, and Pregnancy

2020 ◽  
pp. 320-411
Author(s):  
Jonathan Herring
Keyword(s):  
Pregnant Women ◽  
Criminal Law ◽  
Teenage Pregnancy ◽  
Legal Status ◽  
Ethical Issues ◽  
Tort Liability ◽  
Unborn Child ◽  
The Law ◽  
And Function ◽  
Legal Interventions

This chapter examines the legal and ethical aspects of contraception, abortion, and pregnancy. Topics discussed include the use and function of contraception; the availability of contraception; teenage pregnancy rates; tort liability and contraception; ethical issues concerning contraception; the law on abortion; the legal status of the foetus; abortion ethics; and controversial abortions. A major current issue is the extent to which, if at all, the criminal law should be involved in the law of abortion. The chapter also considers arguments on legal interventions for pregnant women; for example, imprisoning a drug-using mother to ensure that her unborn child does not suffer from the consequences of her drug use.

LEGAL REGULATION OF WORK OF WOMEN AND PERSONS WITH FAMILY RESPONSIBILITIES

2017 ◽  
Author(s):  
Viktoriia Kononenko ◽  
◽  
Yuliia Hudzenko ◽  
Keyword(s):  
Women Workers ◽  
Pregnant Women ◽  
Legal Regulation ◽  
Equal Treatment ◽  
Gender Inequalities ◽  
Adopted Children ◽  
Family Responsibilities ◽  
Men And Women ◽  
Overtime Work ◽  
The Law

The article presents a study of the legal regulation of women and persons with family responsibilities. An analysis of domestic regulations on this topic. In particular, the norms enshrined in the Constitution of Ukraine have been studied. Chapter XII, which deals with women's labor, is analyzed in the Labor Code. The Law of Ukraine "On Labor Protection" and the Law of Ukraine "On Ensuring Equal Rights and Opportunities for Women and Men", the draft Labor Code were also considered. International normative legal acts are analyzed. ILO Conventions: No45 - on the use of women in underground work in mines of any kind, No100 - on equal pay for men and women for work of equal value, No103 - on maternity protection, No111 - on discrimination in employment and occupations, No156 - on equal treatment and equal opportunities for working men and women: workers with family responsibilities; Article 11 of the 1979 UN Convention. It is noted that for working women there are: guarantees for part-time work, a ban on the involvement of pregnant women and women with children under 3 years of age, night, overtime work, work on weekends and sending them on business trips; restricting the involvement of women with children aged 3 to 14 or children with disabilities in overtime work and sending them on business trips; maternity leave and childcare leave; the procedure for granting leave to care for a child and enrolling him in the length of service; leave for women who have adopted children; additional leave for employees who have children; guarantees of employment and prohibition of dismissal of pregnant women and women with children; providing pregnant women and women with children under the age of 14 with vouchers to sanatoriums, rest homes and financial assistance; mother's service at enterprises, organizations; guarantees that also apply to parents raising children without a mother, as well as to guardians (trustees). Deficiencies in the current labor legislation have been identified. Gender inequalities in the workplace have been identified. The conclusions and prospects for the development of protection and protection of the rights of women and persons with family responsibilities are presented.

Beyond Non-Registration: Women Opting for Cohabitation in Tunis

2018 ◽  
Vol 6 (3) ◽  
pp. 381-400
Author(s):  
Iris Kolman
Keyword(s):  
Intimate Relationship ◽  
Normative Framework ◽  
Muslim Majority ◽  
The Law ◽  
Ethical Stance ◽  
Legal Consequences

In light of the negative social and legal consequences they might face, women in Muslim majority countries who enter into an intimate relationship without concluding a state-registered marriage are often considered victims of unscrupulous men. Usually this refers to unregistered ‘urfi (religious-only) marriages, as very little attention is paid to women engaging in cohabitation. Whereas non-marriage is generally framed as ‘waithood’ (the inability to marry) and hence as a negative choice, some women in Tunis opt for cohabitation, as they expect this to positively influence their relationship and potential future marriage as more equal and honest. These women express an ethical stance that does not fit society’s dominant normative framework and present themselves as liberal secular Tunisians. They take an ambivalent position on state-registered marriage, as they are critical of how Tunisian marriages are currently lived, but they do recognize the value of registration. Their rejection of ‘urfi marriage as against the law, gender unequal, and Salafi-inspired confirms their liberal secular sense of personhood.

6. Contraception, Abortion, and Pregnancy

2018 ◽  
Author(s):  
Jonathan Herring
Keyword(s):  
Pregnant Women ◽  
Criminal Law ◽  
Teenage Pregnancy ◽  
Legal Status ◽  
Ethical Issues ◽  
Tort Liability ◽  
Unborn Child ◽  
The Law ◽  
And Function ◽  
Legal Interventions

This chapter examines the legal and ethical aspects of contraception, abortion, and pregnancy. Topics discussed include the use and function of contraception; the availability of contraception; teenage pregnancy rates; tort liability and contraception; ethical issues concerning contraception; the law on abortion; the legal status of the foetus; abortion ethics; and controversial abortions. A major current issue is the extent to which, if at all, the criminal law should be involved in the law of abortion. The chapter also considers arguments on legal interventions for pregnant women; for example, imprisoning a drug-using mother to ensure that her unborn child does not suffer from the consequences of her drug use.

The Transformation of Islamic Law in Modernity

2020 ◽  
Author(s):  
Andrew F. March
Keyword(s):  
20Th Century ◽  
19Th Century ◽  
Islamic Law ◽  
Legal Norms ◽  
Personal Status ◽  
Tanzimat Reforms ◽  
Muslim Majority ◽  
The Law ◽  
The 19Th Century

In the process of modernizing Muslim majority states in the 19th and 20th centuries, Islamic law was often replaced with foreign legal codes. But in many areas of the law, Islamic legal norms were not replaced but rather transformed from an uncodified “jurists’ law” applied by qadis into legal codes applied by sovereign states. This process involved the transformation of not only many aspects of the substance of Islamic law but also the methods, agents, and epistemologies by which Islamic law is known and enforced. This chapter explores this revolution in Islamic law from the 19th-century Ottoman Tanzimat reforms to the 20th-century national appropriations of Islamic law in a few select areas, particularly family and personal status law.

scholarly journals Filling Gaps in Legislation: The Use of Fiqh by Contemporary Courts in Morocco, Egypt, and Indonesia

2019 ◽  
Vol 26 (4) ◽  
pp. 405-436
Author(s):  
Baudouin Dupret ◽  
Adil Bouhya ◽  
Monika Lindbekk ◽  
Ayang Utriza Yakin
Keyword(s):  
Family Law ◽  
The Body ◽  
Muslim Majority ◽  
The Law ◽  
The Many ◽  
Relevant Rule

AbstractIn most Muslim-majority countries, the legislators who drafted family law codes sought to produce a codified version of one of the many Islamic fiqh schools. Such is the case, from West to East, for Morocco, Egypt, and Indonesia. There are situations, however, in which the law remains silent. In such cases, judges must turn to fiqh in order to find appropriate provisions. It is up to judges to interpret the law and to locate the relevant rule. In this process, judges use new interpretive techniques and modes of reasoning. After addressing institutional and legal transformations in Morocco, Egypt, and Indonesia, this article focuses on the domain of family law. We examine cases that illustrate how judges seek a solution in the body of fiqh when asked to authenticate a marriage. In conclusion, we put forward an argument about how judges who are required to refer to fiqh deal with this matter within the context of positive, codified, and standardized law. We argue that the methodology and epistemology adopted by contemporary judges, the legal material on which they draw, and the means by which they refer to this material have fundamentally altered the nature of legal cognition and of law itself.

scholarly journals The Shadow of the Gallows: The Death Penalty and the British Labour Government, 1945–51

2000 ◽  
Vol 18 (2) ◽  
pp. 305-350 ◽  
Author(s):  
Victor Bailey
Keyword(s):  
Twentieth Century ◽  
Pregnant Women ◽  
Death Penalty ◽  
Criminal Law ◽  
Capital Punishment ◽  
Symbolic Form ◽  
Labour Government ◽  
British Labour ◽  
English Law ◽  
The Law

The punishment prescribed by English law for murder in the first half of the twentieth century was death. A judge had to pronounce this sentence upon a person convicted of murder, except in two special classes of cases: persons under eighteen years of age at the time of the offense and pregnant women. He had no discretion to impose any less severe sentence. While retribution survived only in a symbolic form elsewhere in the criminal law, capital punishment, as Oxford criminologist Max Grunhut maintained, was a “powerful relic of retaliation in kind.” The law still reflected the ancient concept that every murderer forfeits his life becauce he has taken another's life: “He that smiteth a man, so that he die, shall be surely put to death.”

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