The Role of the Family Specialist and Research in the Law

1983 ◽  
Vol 32 (4) ◽  
pp. 521 ◽  
Author(s):  
Lynda Henley Walters
Keyword(s):  
Author(s):  
Aulil Amri

In Islamic law, pre-wedding photos have not been regulated in detail. However, pre-wedding photo activities have become commonplace by the community. It becomes a problem when pre-wedding is currently done with an intimate scene, usually the prospective bride uses sexy clothes and is also not accompanied by her mahram when doing pre-wedding photos. Even though there have been many fatwas and studies on the limits of permissibility and prohibition in the pre-wedding procession.The results show that the pre-wedding procession that is carried out by the community in terms of poses, clothes, and also assistance in accordance with Islamic law, the law is permissible. However, it often happens in the community to take photos before the marriage contract with scenes as if they are legally husband and wife and the bride's family knows without prohibiting, directing, and guiding them according to Islamic teachings. In this case the role of the family is very important, we as parents must understand the basis of religious knowledge and how to instill religious values in our children since childhood is the key to this problem dilemma.


EGALITA ◽  
2012 ◽  
Author(s):  
Ahmad Izzuddin

Islamic law and women are one of mostly debated discourses bycontemporary Islamic thinkers particularly those who are gender issuesproponents. That discourse grows due to the accuse towards Islam thatthis religion is the source of gender inequality for women through outmuslim world especially in education, fairness and domestic freedom aswell as social welfare in the family. The assumption is that Islamic law ismale-based law. Therefore, it is a need to explore the note on Islamic lawdevelopment which is perceived from the role of women in the early age oflaw construction not from the aspect of the thought of classical ulama inthe middle age. This paper tries to explore and to discuss mainly the role ofSiti Aisyah as the teacher and the transmitter of hadith as the foundation ofIslamic law construction to underline women’s position and contributionas the law maker that it will prove that Islamic law is not merely men-basedlaw as the assumption grows.


2020 ◽  
pp. 88-124
Author(s):  
Arzoo Osanloo

This chapter studies the operations of the Iranian criminal law and analyzes how the procedural administration of the law animates the shariʻa. Iranian criminal laws provide many avenues for victims to forgo retributive sanctioning. But preserving the right of retribution serves several purposes: maintaining the sovereign's monopoly on legitimate violence, giving victims a sense of power, and halting the cycle of violence. The way Iran achieves this comprises an interesting balancing act between maintaining the monopoly over legitimate violence and granting individual victims the right of retribution, which its leaders believe, through their interpretation of the shariʻa, cannot be appropriated by the sovereign. Since the law categorizes intentional murder as qisas and leaves judges with no discretion in sentencing, the judges may use their considerable influence to pressure the family to forgo retribution. The chapter then considers the role of judges and examines how the laws (substantive and procedural) shape their reasoning and discretion in both sentencing and encouraging forbearance.


2014 ◽  
Vol 69 (3) ◽  
pp. 342-365 ◽  
Author(s):  
Gretchen Murphy

Gretchen Murphy, “Revising the Law of the Mother in the Adoption-Marriage Plot” (pp. 342–365) This essay traces a common plot in British and American fiction in which an outsider is first adopted and then later marries into a family. Such plots have been linked with the transition from blood to voluntary association in liberal society, but this essay examines the apparent superfluity of adoption and marriage in bringing the outsider into the family. Surveying historicist and psychoanalytic interpretations of the role of incest in the formation of democratic and contractual community in these works, the essay uses Juliet Mitchell’s psychoanalytic theory of siblings to propose that these plots address a central challenge of democracy: mediating equality and freedom when a legally imposed equality among all stands at odds with the freedom to create closed communities of choice. Shifting from adopted siblinghood to marriage enables a fantasy of social relations that are entirely chosen rather than imposed. Novels discussed include Jane Austen’s Mansfield Park (1814); James Fenimore Cooper’s Wyandotté (1843); Emily Brontë’s Wuthering Heights (1847); Maria Susanna Cummins’s The Lamplighter (1854); Frank J. Webb’s The Garies and Their Friends (1857); Anthony Trollope’s Doctor Thorne (1858); Harriet Beecher Stowe’s The Pearl of Orr’s Island (1862); Augusta Jane Evans’s St. Elmo (1866); María Ruiz de Burton’s Who Would Have Thought It? (1872); and Helen Hunt Jackson’s Ramona (1884).


EGALITA ◽  
2012 ◽  
Author(s):  
Umi Sumbulah

There are some marital regulation in Islam which are considered as gender bias such as the concept of wali, nusyuz, the practice of polygamy, right and obligation of the spouse. It does not only create various religious understanding which is gender bias but also create asymmetrical relation of which it results in various forms of gender inequality.In particular circumstances, children become vulnerable victims of fiqh as the law product of men's understanding and effort which are generated from what have been regulated in The Qur'an and Hadith under patriarchal socio-cultural and political setting. Nurture theory about social role of man and woman also contributes to marginalization and sub-ordination of woman in spouse relationship within the family.  


2015 ◽  
pp. 445-478
Author(s):  
N V Lowe ◽  
G Douglas

One of the great shifts in English law governing the parent and child was the move away from treating children as passive victims of family breakdown towards regarding them as participants and actors in the family justice system. It is now generally accepted that children should have a voice or, at any rate, the opportunity of expressing a view in legal proceedings which concern them. This chapter begins by considering what obligation there is to take the child's views into account. It then discusses how those views are investigated; the law and practice governing the child's direct participation in legal proceedings concerning them; and the needs for and requirements of a child friendly family justice system. Finally, it looks at the role of the Commissioners for Children to look after children's interests more generally.


2018 ◽  
Vol 25 (4) ◽  
pp. 569-603 ◽  
Author(s):  
Nicholas Kasirer

An inquiry into the role of fault in divorce may be taken as an invitation, for the Quebec jurist, to evaluate the place of misconduct in petitions for unequal “partition'' of the family patrimony. The author proposes an analysis of article 422 of the Civil Code of Québec based on a comparison with the law of family property in common law Canada. He observes a disinclination, felt in Quebec legal circles, to explore the connections between recourses under Quebec law for unjust enrichment in marriage and parallel remedies in common law. Basing himself principally on a review of rules similar to article 422 in Ontario law, he contends that a court should not allow ordinary measures of spousal misconduct to influence petitions for the unequal division of the family patrimony. Connecting the family patrimony to the statutory remedies for unjust enrichment in Ontario matrimonial law reveals a narrow idea of economic fault that underlies the judicial discretion at article 422 C.C.Q.


2018 ◽  
Vol 1 (3) ◽  
pp. 116
Author(s):  
Dr. Brunilda Zenelaga ◽  
Blerina Hamzallari

A child is considered in conflict with the law when he/she has committed or has been accused of committing an offence (UNICEF, 2006). According to local context, a child can also be in conflict with the law, when it is taken up by the justice system for minors or for adults, due to the alleged dangers faced by the child in view, or behavior or environment (IDE, 2016:2). The family is a primary agency that influences the child socio-psychological formation. In the case of children in conflict with the law, on one hand family can contribute on creating causes of antisocial and deviant behaviors of children, but on the other hand, it can be an important factor for rehabilitation and correction of the children attitudes.Recently, in Albania, children in conflict with the law have been in center of the attention of policymakers and researchers, but very few of them have explored in depth the role that the family plays on the education of children in contact with the law. This paper aims to fulfill that gap of researches in Albanian context.The methods used to gather data are based on: (a) the use of the secondary data such as international and national literature about the topic, researches with the focus on children in conflict with the law, statistics and other data from different Albanian institutions; (b) the use of the primary data taken from the interviews with experts who work in Probation Service in Albania, school psychologist, experts and professionals in prisons etc. The study revealed that the role of the family is crucial, especially for the children in conflict with the law. Empirical evidence from Albanian context shows that children in conflict with the law came mainly from families with socio - economical problems and/or lack of the attention to the education of the children. The collaboration of the family with other socialization agencies such as schools etc., can be an effective way for the correction of the attitudes of this category of children.


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