Husband and Wife under French Law: Past, Present, Future

The Common properties (community property) is an asset that the husband and wife acquired during the household lifes, which both of them is agree that after united through marriage bonds, that the property produced by one or both of them will be common property. It shows, that if there's an agreement between husband and wife before marriage (did not to unify their property), then the property produced both will not become a joint treasure. Thus, if a husband or wife dies, or divorces, then the property owned by both of them can be distributed in accordance with their respective shares, another case when the two couples are not making an agreement, then the property gained during marriage bonds can be divided into types of communal property. In Islamic law, this kind of treasure is not contained in the Qur'an or Sunnah. Nor in Islamic jurisprudence. However, Islamic law legalizes the existence of common property as long as it is applicable in a society and the benefit in the distribution of such property. In contrast to the positive law, this property types have been regulated and described in the Marriage Law, as well as the Islamic Law Compilations, which became the legal restriction in the affairs of marriage in force in Indonesia. In this study, the author tries to compile the existence of common property according to the Islamic law reviews and positive law.

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Lack of Tenderness: The Main Culprit for the Relationship between Husband and Wife in Lady Chatterley’s Lover

University of Chitral Journal of Linguistics and Literature ◽

10.33195/jll.v1ii.28 ◽

2017 ◽

Keyword(s):

Careful Analysis ◽

Physical Distance ◽

Human Society ◽

Human Relationships ◽

Main Culprit ◽

Industrial Civilization ◽

Lady Chatterley's Lover ◽

The Relationship ◽

Winter Hibernation ◽

Husband And Wife

This article presents the case of Chatterley and Clifford, the two main characters in Lady Chatterley’s Lover, to consider tenderness a basic working emotion to shape human relationships. The lack of tenderness causes emotional as well as physical distance in relation, especially that of male-female’s relation. The first part of the article reviews tenderness. The second part reviews how tenderness and lack of tenderness affect a male-female relationship in the selected novel, Lady Chatterley’s Lover. On the basis of a careful analysis of Lady Chatterley’s Lover, the present writer tries to prove that the lack of tenderness is the main culprit for the broken relationship between husband and wife: a major one of the relations between man and woman in human society and mutual tenderness elicits people awakening to a new way of living in an exterior world that is uncracking after the long winter hibernation. Lawrence, through a revelation of Connie’s gradual awakening from tenderness, has made his utmost effort to explore possible solutions to harmonious androgyny between men and women so as to revitalize the distorted human nature caused by the industrial civilization. Key words: relationship, husband and wife, tenderness, main culprit, Connie

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Keadilan Distributif atas Pembagian Harta Bersama dalam Perkawinan bagi Keluarga Muslim di Indonesia

Al-Manahij Jurnal Kajian Hukum Islam ◽

10.24090/mnh.v11i1.1266 ◽

2018 ◽

Vol 11 (1) ◽

pp. 35-48

Author(s):

Siah Khosyi’ah

Keyword(s):

Common Property ◽

Islamic Law ◽

Married Couples ◽

Dropping Out ◽

Legal Cases ◽

Islamic Jurisprudence ◽

Marital Property ◽

Joint Property ◽

Husband And Wife ◽

Muslim Scholars

The division of marital joint property after the breakup of marriage, whether dropping out of marriage due to divorce or due to death, is a new thing in Islamic jurisprudence (fiqh). This is because the concept of mutual treasure is not known in the books of classical Islamic jurisprudence of Muslim scholars of the schools at their times, in which their work are always made as referral in the legal cases up to the present days. In Indonesia, the distribution of common property is regulated in the Compilation of Islamic Laws Articles 96 and 97, which stipulate the rules of distribution of joint property for married couples whose married are off as a result of divorce or death. Article 97 of the Compilation of Islamic Law actually provides an overview of the flexibility of the distribution of common marital property, including in certain cases because the article is regulating (regelen) rather than forcing (dwigen), so that the division is not absolutely divided equally between husband and wife, and casuistically the provisions of that article may be disregarded.

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PERJANJIAN PERKAWINAN; ASAS KESEIMBANGAN DALAM PERKAWINAN

Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial ◽

10.24952/el-qanuniy.v6i1.2548 ◽

2020 ◽

Vol 6 (1) ◽

pp. 125-137

Author(s):

Puji Kurniawan

Keyword(s):

Public Order ◽

General Rules ◽

Husband And Wife

A marriage agreement is an agreement between a prospective husband and wife to regulate matters that are mutually agreed upon especially regarding assets in their marriage, provided that they do not conflict with law, decency and public order, and pay attention to general rules relating to the prohibition of the contents of the marriage agreement. This is in accordance with the principle of balance that we can find in the legislation.

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Li Zhi «Discourse on Husband and Wife» (Fu fu lun): Two against One or Yin-Yang vs. the Supreme Ultimate

Вопросы философии ◽

10.31857/s004287440004804-9 ◽

2019 ◽

pp. 153-165 ◽

Cited By ~ 3

Author(s):

N. Rudenko ◽

Keyword(s):

Yin Yang ◽

Li Zhi ◽

Husband And Wife

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FATWA KONTROVERSIAL CRLO DALAM PANDANGAN KHALED ABOU EL FADL (Studi Kritik Otoritarianisme Fiqh)

Iqtisad Reconstruction of justice and welfare for Indonesia ◽

10.31942/iq.v4i2.2631 ◽

2017 ◽

Vol 4 (2) ◽

Author(s):

Iman Fadhilah

Keyword(s):

Methodological Framework ◽

Islamic World ◽

Women's Lives ◽

Husband And Wife

El Fadl parse some CRLO fatwa that is considered controversial and not oriented to benefit. Among the controversial fatwa is considered Case On Bra, high heeled shoes and Marriage Covenant, slander arising from Bury Pilgrimage Practices for Women, Devil In Cars and Danger Woman Traveling Without Mahram on prostration husband and wife as a submission to the husband.At least , to find out the methodological framework of thought El Fadl can be observed from some analysis tehadap contemporary theme of Islamic world. El Fadl, tried to analyze the sociological aspects of women’s lives in Saudi and the things that cause them to have less decent position in society . Sociological and political aspects in Arabic which causes them to have less decent position in society .Here then it can be stated that, El Fadl seeks to reposition religion critically, rationally and liberal, reconstruct Islamic heritage by giving new interpretations. For indeed, Muslims have the culture and traditions ( Turath ) nice and steady.

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MOTIF DAN DAMPAK PERNIKAHAN DINI DI INDARUNG NGALAU BATU GADANG

Alfuad: Jurnal Sosial Keagamaan ◽

10.31958/alfuad.v1i1.1153 ◽

2018 ◽

Vol 1 (1) ◽

pp. 1

Author(s):

Murisal Murisal

Keyword(s):

Young Men ◽

Early Marriage ◽

Marriage Law ◽

Men And Women ◽

Home Life ◽

Family Household ◽

Set Up ◽

The Impact ◽

Husband And Wife

Motif and Impact of Early Marriage in Indarung Ngalau Batu Gadang.Penelitian is motivated by teenagers who married early on. Today, young men and women have a tendency to be less prepared to enter the home life, they are only ready to marry (ready here can be interpreted, maturity in terms of financial, understand what the meaning of marriage according to marriage law) is the bond of inner birth between a man and a woman as husband and wife for the purpose of forming a happy and eternal family (household) based on the Supreme Godhead while they are not ready to set up a home, whereas to build a household requires preparation both physically and spiritually . The purpose of this study to determine the motives underlying adolescents to make early marriage and the impact caused in the household as a result of the marriage.

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