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Full-Text Articles in Law

Is Zina Bil Jabr A Hadd, Taz‛Ir Or Siyasa Offence?: A Reappraisal Of The Protection Of Women Act 2006 In Pakistan”, Muhammad Munir Dr. Dec 2008

Is Zina Bil Jabr A Hadd, Taz‛Ir Or Siyasa Offence?: A Reappraisal Of The Protection Of Women Act 2006 In Pakistan”, Muhammad Munir Dr.

Dr. Muhammad Munir

This article briefly discusses the various laws passed by the regime of General Musharraf (1999-2008) to relieve the plight of helpless women in Pakistan and analyses the Protection of Women Act, 2006 from a legal, rather than from a political or emotional perspective. It scrutinizes the opinions of leading 'ulama, such as Justice (R) Taqi 'Uthmani, Mufti Muneebur Rahman, Moulana 'Abdul Malik, and Hasan Madani. The position of women rights' groups about the said law is discussed; the claim of the then government that the Act is compatible with the Qur'an and the Sunnah is examined; the various changes made …


"Precedent In Islamic Law With Special Reference To The Federal Shariat Court And The Legal System In Pakistan”, Muhammad Munir Dr. Nov 2008

"Precedent In Islamic Law With Special Reference To The Federal Shariat Court And The Legal System In Pakistan”, Muhammad Munir Dr.

Dr. Muhammad Munir

This paper attempts to answer the question whether the common law doctrine of precedent as practiced in Pakistan is compatible with the traditional Islamic legal system. After a survey of the various articles and books about the judicial system of Islam it concludes that there is little, if any, material about the role of precedent in Islamic law. The paper also examines the judicial system of India under the Moghuls and the East India Company and traces the origins and evolution of the doctrine of precedent in the Indian sub-continent, more particularly in Pakistan. The role of the principles of …


Book Review Of The Place Of Families: Fostering Capacity, Equality, And Responsibility By Linda C. Mcclain, Karen Czapanskiy Oct 2008

Book Review Of The Place Of Families: Fostering Capacity, Equality, And Responsibility By Linda C. Mcclain, Karen Czapanskiy

Karen Czapanskiy

No abstract provided.


Featured Speaker, Domestic Violence And Juvenile Justice, Francine Sherman Oct 2008

Featured Speaker, Domestic Violence And Juvenile Justice, Francine Sherman

Francine T. Sherman

No abstract provided.


Domestic Violence And The Maryland Family Violence Option, Karen Czapanskiy Oct 2008

Domestic Violence And The Maryland Family Violence Option, Karen Czapanskiy

Karen Czapanskiy

No abstract provided.


Domestic Violence, The Family And The Lawyering Process: Lessons From Studies On Gender Bias In The Courts, Karen Czapanskiy Oct 2008

Domestic Violence, The Family And The Lawyering Process: Lessons From Studies On Gender Bias In The Courts, Karen Czapanskiy

Karen Czapanskiy

No abstract provided.


Grandparents, Parents And Grandchildren: Actualizing Interdependency In Law, Karen Czapanskiy Oct 2008

Grandparents, Parents And Grandchildren: Actualizing Interdependency In Law, Karen Czapanskiy

Karen Czapanskiy

No abstract provided.


Ali Child Support Principles: A Lesson In Public Policy And Truth-Telling, Karen Czapanskiy Oct 2008

Ali Child Support Principles: A Lesson In Public Policy And Truth-Telling, Karen Czapanskiy

Karen Czapanskiy

No abstract provided.


Child Support, Visitation, Shared Custody And Split Custody, Karen Czapanskiy Oct 2008

Child Support, Visitation, Shared Custody And Split Custody, Karen Czapanskiy

Karen Czapanskiy

No abstract provided.


Interdependencies, Families, And Children, Karen Czapanskiy Oct 2008

Interdependencies, Families, And Children, Karen Czapanskiy

Karen Czapanskiy

No abstract provided.


The Hague Convention On Recovery Of Child Support And Other Forms Of Family Maintenance: Why There Are Holes In The Convention And What Can We Do About Them, Robert Spector Sep 2008

The Hague Convention On Recovery Of Child Support And Other Forms Of Family Maintenance: Why There Are Holes In The Convention And What Can We Do About Them, Robert Spector

Robert G. Spector

No abstract provided.


Changing The Meaning Of Motherhood, Martha M. Ertman Sep 2008

Changing The Meaning Of Motherhood, Martha M. Ertman

Martha M. Ertman

No abstract provided.


Reconstructing Marriage: An Intersexional Approach, Martha Ertman Sep 2008

Reconstructing Marriage: An Intersexional Approach, Martha Ertman

Martha M. Ertman

No abstract provided.


Commercializing Marriage: A Proposal For Valuing Women's Work Through Premarital Security Agreements, Martha M. Ertman Sep 2008

Commercializing Marriage: A Proposal For Valuing Women's Work Through Premarital Security Agreements, Martha M. Ertman

Martha M. Ertman

No abstract provided.


Unbending Gender: Why Family And Work Conflict And What To Do About It, Martha Ertman Sep 2008

Unbending Gender: Why Family And Work Conflict And What To Do About It, Martha Ertman

Martha M. Ertman

No abstract provided.


Speaker And Participant, Family Violence And Juvenile Justice, Francine Sherman Jul 2008

Speaker And Participant, Family Violence And Juvenile Justice, Francine Sherman

Francine T. Sherman

No abstract provided.


United Way Families Council Speaker, Charlotte Hughart Jun 2008

United Way Families Council Speaker, Charlotte Hughart

Charlotte Hughart

No abstract provided.


El Divorcio Express, Enrique Varsi Jun 2008

El Divorcio Express, Enrique Varsi

Enrique Varsi Rospigliosi

No abstract provided.


Reproduction And Parenting, Taunya Lovell Banks Jun 2008

Reproduction And Parenting, Taunya Lovell Banks

Taunya Lovell Banks

No abstract provided.


” El Procedimiento No Contencioso De La Separación Convencional Y Divorcio Ulterior En Las Municipalidades Y Notarias ¿Asegura La Protección De Los Derechos Indisponibles Familiares? ", Olga Maria Castro Perez Treviño May 2008

” El Procedimiento No Contencioso De La Separación Convencional Y Divorcio Ulterior En Las Municipalidades Y Notarias ¿Asegura La Protección De Los Derechos Indisponibles Familiares? ", Olga Maria Castro Perez Treviño

Olga Maria Castro Perez Treviño

Cuando el Alcalde lleva a cabo la ceremonia ante la pareja que decide unirse en matrimonio, lo hace siguiendo los procedimientos que la Ley le impone, pero desconoce cuánto tiempo puede llegar a durar ese matrimonio, cuestionamiento que va más allá de la edad de los contrayentes. A su vez, no muchos contrayentes conocen los derechos y obligaciones que deben asumir durante el matrimonio, menos aún ante la ruptura del mismo.


Suicide Attacks And Islamic Law, Muhammad Munir Dr. Mar 2008

Suicide Attacks And Islamic Law, Muhammad Munir Dr.

Dr. Muhammad Munir

Suicide attacks are a recurrent feature of many conflicts. Whereas warfare heroism and martyrdom are allowed in certain circumstances in times of war, a suicide bomber might be committing at least five crimes according to Islamic law, namely killing civilians, mutilating their bodies, violating the trust of enemy soldiers and civilians, committing suicide, and destroying civilian objects or properties. The author examines such attacks from an Islamic jus in bello perspective.


Marriage In Islam: A Civil Contract Or A Sacrosanct?, Muhammad Munir Dr. Mar 2008

Marriage In Islam: A Civil Contract Or A Sacrosanct?, Muhammad Munir Dr.

Dr. Muhammad Munir

Marriage is one of the most sacred contract in Islam and not an ordinary contract of sale and purchase. Since 1886 Courts in the Indo-Pak subcontinent have been ruling that marriage in Islam is a 'civil contract' without giving a deeper thought to the meaning of this phrase. This article examines some of the cases in which the true notion of marriage is distorted by courts in Pakistan and India. At the same time some important cases in which the real place of marriage in Islam is highlited are also discussed. Moreover, it examines the nature of marriage under Islamic …


Glazer And Fitzgibbon On Legal Opinions: Drafting, Interpreting And Supporting Closing Opinions In Business Transactions, Scott Fitzgibbon, Donald Glazer, Steven Weise Dec 2007

Glazer And Fitzgibbon On Legal Opinions: Drafting, Interpreting And Supporting Closing Opinions In Business Transactions, Scott Fitzgibbon, Donald Glazer, Steven Weise

Scott T. FitzGibbon

No abstract provided.


Children’S Rights To Representation: A Comparison Between Sweden And England, Titti Mattsson, Eva Ryrstedt Dec 2007

Children’S Rights To Representation: A Comparison Between Sweden And England, Titti Mattsson, Eva Ryrstedt

Titti Mattsson

In both England and in Sweden, the approach to a child's right to representation differs between public law cases and private law cases regarding legal custody/parental responsibility, residence or contact. This article discusses the basis for this distinction, and how far it accords with the best interests of the child.


International Legal Developments In Review: Family Law, Robert Spector, Brad Lechman-Su Dec 2007

International Legal Developments In Review: Family Law, Robert Spector, Brad Lechman-Su

Robert G. Spector

No abstract provided.


The Principles Of Justice In Procreative Affiliations, Scott Fitzgibbon Dec 2007

The Principles Of Justice In Procreative Affiliations, Scott Fitzgibbon

Scott T. FitzGibbon

What's the Harm? is an interdisciplinary collection of perspectives on the question of harm--whether legalizing same-sex marriage will cause harm to society, and whether the denial of same-sex marriage causes harm to society. This clarifying and illuminating book explores the societal, familial, individual, and jurisprudential harms of the legalization or prohibition of same-sex marriage. The contributors wrestle with the "what's the harm" question from a variety of academic and professional perspectives, emphasizing the significance and impact of legalizing same-sex marriage for law, government, family relations, and child welfare. What's the Harm? is a valuable resource of diverse insights, arguments, and …


A Review Of The Year In Family Law 2006-2007: Judges Try To Find Answers To Complex Questions, Robert Spector, Linda Elrod Dec 2007

A Review Of The Year In Family Law 2006-2007: Judges Try To Find Answers To Complex Questions, Robert Spector, Linda Elrod

Robert G. Spector

No abstract provided.


"Judicial" Decision-Making In Australia – Critique And Redemption, John Wade Dec 2007

"Judicial" Decision-Making In Australia – Critique And Redemption, John Wade

John Wade

Extract:

This paper has four parts, namely a description of:

A. The Context ▪ Australia (the place) ▪ The vast landscape of “judicial” or quasi-judicial decision makers

B. The Commentary ▪ Repetitive critiques of judicial decision-making ▪ Redemption of judicial decision making

Plus an Appendix on Court Structures with details and diagrams.


What Is Choice? Examining Sex Trafficking Legislation Through The Lenses Of Rape Law And Prostitution, Marisa S. Cianciarulo Dec 2007

What Is Choice? Examining Sex Trafficking Legislation Through The Lenses Of Rape Law And Prostitution, Marisa S. Cianciarulo

Marisa S. Cianciarulo

Sex trafficking has proven particularly immune to attempts to eradicate it. One reason may be that some types of demand will always be illegal and thus always vulnerable to trafficking, such as violent sex or sex with minors. Another reason, however, and the one that is the subject of this article, is the lack of cohesive policy on one of the main issues surrounding trafficking: consent. As discussed below, conflicting perspectives on the nature of consent have impeded the development of effective anti-trafficking efforts. One of the main debates plaguing efforts to eliminate sex trafficking involves the definition of the …


Framing Public Interventions With Respect To Children As Parent Empowering, Stephen D. Sugarman Dec 2007

Framing Public Interventions With Respect To Children As Parent Empowering, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.