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Family Law

Selected Works

2008

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Articles 1 - 30 of 42

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.


Tercer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García Jun 2008

Tercer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García

Bruno L. Costantini García

Tercer Congreso Nacional de Organismos Públicos Autónomos

"Autonomía, Reforma Legislativa y Gasto Público"


Bionormativity And The Construction Of Parenthood, Katharine K. Baker Jun 2008

Bionormativity And The Construction Of Parenthood, Katharine K. Baker

Katharine K. Baker

This piece explores the relationship between legal and biological parenthood. It examines how neither history, nor evolutionary biology nor moral philosophy dictate a legal regime in which parenthood must be based on biological connection, but that attraction to a biological (or “bionormative”) regime remains strong. In explaining why, it suggests that much of what attracts people to bionormativity is not biology itself, but the way in which a biological regime constructs parenthood as a private, exclusive and binary enterprise. It is these ancillary qualities of bionormativity that people may care the most about. Today, a variety of forces put pressure …


” 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 …


Towards Accountability For Mass Crimes: A Report Of The Indian Campaign On International Criminal Court 2000-2007, Saumya Uma, Pouruchisti Wadia Mar 2008

Towards Accountability For Mass Crimes: A Report Of The Indian Campaign On International Criminal Court 2000-2007, Saumya Uma, Pouruchisti Wadia

Saumya Uma

This contains a detailed narrative on the activities undertaken by ICC-India - an anti-impunity campaign on mass crimes and international law, from 2000 to 2007. The publication elaborates the work of the campaign on information dissemination, campaign and advocacy, research and publication, alliance-building and media outreach. It includes 16 pages of colour photographs, as well as illustrations in the form of graphs, tables and maps. Published by Women's Research & Action Group, 2008, English, 90 pages.


Same-Sex Marriage And Federalism, Nancy J. Knauer Jan 2008

Same-Sex Marriage And Federalism, Nancy J. Knauer

Nancy J. Knauer

The increasing willingness of states to recognize same-sex relationships illustrates the central theme of this Symposium: federalism provides states the freedom to experiment with novel solutions to pressing social issues. The development of progressive policies seems to bear out Justice Brandeis' optimistic vision of federalism where "a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country." With respect to same-sex relationships, however, state level reform efforts have not been uniformly progressive. To the contrary, the vast majority of these efforts prohibit the …


A Legal Field In Action: The Case Of Divorce Arrangements In Israel, Daphna Hacker Jan 2008

A Legal Field In Action: The Case Of Divorce Arrangements In Israel, Daphna Hacker

Daphna Hacker

No abstract provided.


Using "A Jury Of Her Peers" To Teach About The Connection Between Domestic Violence And Animal Abuse, Caroline Forell Jan 2008

Using "A Jury Of Her Peers" To Teach About The Connection Between Domestic Violence And Animal Abuse, Caroline Forell

Caroline A Forell

In this essay I examine Susan Glaspell’s short story, A Jury of Her Peers, in the context of teaching about the connection between domestic violence and animal abuse in an Animal Law course. I discuss how Glaspell’s story, in which the motive for a woman killing her husband is his killing of her pet bird, enables students to better understand the perspective of battered women who behave in certain ways because they have pets. I pose several questions concerning how the law would and should respond when a battered woman reacts with violence to the killing or serious injury of …


Fractured Bonds: Policing Whiteness And Womanhood Through Race-Based Marriage Annulments, Bela August Walker Jan 2008

Fractured Bonds: Policing Whiteness And Womanhood Through Race-Based Marriage Annulments, Bela August Walker

Bela August Walker

In the hundred years before the United States Supreme Court declared miscegenation statutes unconstitutional in Loving v. Virginia, state courts decided thirteen recorded race-based annulment cases. This article presents a unified analysis of all race based annulment cases for the first time. Simultaneously public and private affairs, these dramas impacted far more than the individual couples or courtrooms, sending out shockwaves that reverberated beyond their points of origin. The results of the cases are startling and contrary to previous work on the subject. Using this unique set of cases, this article argues that while declaring these women “white” appears like …


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.