Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 9 of 9
Full-Text Articles in Law
Mut’Ah Divorce: Its Concepts And Its Provisions: A Comparative Study Between Islamic Jurisprudence (Fiqh) And Omani Law, Dr. Rashid Bin Hamoud Naziri
Mut’Ah Divorce: Its Concepts And Its Provisions: A Comparative Study Between Islamic Jurisprudence (Fiqh) And Omani Law, Dr. Rashid Bin Hamoud Naziri
مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL
The study discusses the money paid to the divorcee woman (Mut’ah) as a result of the divorce. Many Muslim scholars have different views towards the provisions and details of this due payment to the divorcee. Further, the Omani Personal Statue law has an opinion for its provisions. As a result, this study is conducted to set the base for this opinion, explain its view, intentions and goals that law bore in its’ inactions.
This study has two approaches; the first one is classified into two sub-quests. The first sub-quest discusses the linguistic definition of (Mut’ah), while the other one discusses …
Divorcing Guns: How Family Law Could Change Parental Gun Ownership And Save Kids’ Lives, Marcia A. Zug
Divorcing Guns: How Family Law Could Change Parental Gun Ownership And Save Kids’ Lives, Marcia A. Zug
Washington and Lee Law Review Online
Guns are deadly. They are especially deadly for children yet, currently, parental gun ownership is not a major factor in custody disputes. This needs to change. Making irresponsible gun ownership a routine factor in custody cases could transform parental gun behavior. In other contexts, the potential loss of custody has proven to be an extremely strong deterrent. Moreover, unlike other proposed solutions to gun fatalities, this is a change that can be made right now. Making guns a part of custody disputes does not require the enactment of new legislation or even a judicial determination. By simply raising the issue …
Parental Alienation In Family Court: Attacking Expert Testimony, John E.B. Myers, Jean Mercer
Parental Alienation In Family Court: Attacking Expert Testimony, John E.B. Myers, Jean Mercer
Child and Family Law Journal
In child custody litigation, when a parent raises the possibility of child abuse, the accused parent may respond that the parent wo has raised the possibility of abuse is alienating the child in an effort to gain an unfair advantage in court. The parent accused of abuse may offer expert testimony on parental alienation. A voluminous and contentious social science literature exists on parental alienation. Family law attorneys often lack ready access to social science literature. The purpose of this article is to give family law attorneys information from the parental alienation literature that can be used to cross-examine experts …
Hopefully Enduring: How North Carolina’S Divorce Laws Violate The First Amendment, Maren H. Lowrey
Hopefully Enduring: How North Carolina’S Divorce Laws Violate The First Amendment, Maren H. Lowrey
Child and Family Law Journal
The phrase “til death do us part” is both poetic and aspirational. It is the ubiquitous vow Americans make to one another when they marry[1] and embark on what is “hopefully enduring.”[2] But life does not always meet the aspirational marks we set and that is most true in the context of marriage and divorce. Each state enjoys nearly exclusive control over this intimate relationship, which results in different regulatory schemes across the United States.[3] Changes in Supreme Court jurisprudence over time ensured state regulation of marriage did not run afoul of the Constitution.[4] These decisions …
The Impact Of Social Security Of Dependents And Financing Of Post-Secondary Education Of Dependents On Support Obligations In Particularly California Divorces After The Tax Cuts And Jobs Act Of 2017, John R. Dorocak
Marquette Benefits and Social Welfare Law Review
The 2017 Tax Cuts and Jobs Act made alimony in divorce decrees and separation agreements entered into after December 31, 2018, neither deductible by the payor nor income to the payee for federal income tax purposes. Likely, that change in the tax law will result in less income to payees in a divorce and higher taxes for payors. In California, support in divorces is basically calculated by the software program Dissomaster. With payors facing higher taxes, such payors may look for possible sources of additional income for paying support. Payors may receive a credit in California against the support obligation …
Achieving Equality Without A Constitution: Lessons From Israel For Queer Family Law, Laura T. Kessler
Achieving Equality Without A Constitution: Lessons From Israel For Queer Family Law, Laura T. Kessler
Utah Law Faculty Scholarship
How might the United States reconcile conflicts between equality and religious freedom in the realm of family law? To answer this question, this chapter considers recent developments in family (personal status) law in Israel. While Israel may at first blush appear to be the last place that feminists and queer theorists should look for solutions to modern conflicts between democratic and religious values, this chapter argues that the Israeli experience has much to offer critical family scholars working to develop pluralistic legal approaches to family regulation. Israel is a country with a diverse population and unique political and legal context …
Mut’Ah Divorce: Its Concepts And Its Provisions: A Comparative Study Between Islamic Jurisprudence (Fiqh) And Omani Law, Dr. Rashid Bin Hamoud Naziri
Mut’Ah Divorce: Its Concepts And Its Provisions: A Comparative Study Between Islamic Jurisprudence (Fiqh) And Omani Law, Dr. Rashid Bin Hamoud Naziri
UAEU Law Journal
The study discusses the money paid to the divorcee woman (Mut’ah) as a result of the divorce. Many Muslim scholars have different views towards the provisions and details of this due payment to the divorcee. Further, the Omani Personal Statue law has an opinion for its provisions. As a result, this study is conducted to set the base for this opinion, explain its view, intentions and goals that law bore in its’ inactions.
This study has two approaches; the first one is classified into two sub-quests. The first sub-quest discusses the linguistic definition of (Mut’ah), while the other one discusses …
Money And Betrayal: Perceptions Of Alimony Fairness In Relation To Infidelity, Jessica Wery, Michael Kothakota
Money And Betrayal: Perceptions Of Alimony Fairness In Relation To Infidelity, Jessica Wery, Michael Kothakota
Journal of Financial Therapy
Alimony is a contentious topic often argued over during a divorce. Individuals getting divorced seek fairness in an alimony settlement, but due to how laws are written this can seem arbitrary. Public policy suggests laws should reflect the suggestions of the people it affects. Thus, public perception of alimony fairness is an important component in the discussion of what is fair for spouses. In addition, infidelity in marriage might change how the public views what is fair. This study collected data from 1,285 individual United States participants. Participants were randomly assigned a vignette condition related to a hypothetical alimony scenario …
Monasky’S Totality Of Circumstances Is Vague – The Child’S Perspective Should Be The Main Test, Sabrina Salvi
Monasky’S Totality Of Circumstances Is Vague – The Child’S Perspective Should Be The Main Test, Sabrina Salvi
Touro Law Review
After decades of confusion, the Supreme Court ruled on child custody in an international setting in Monasky v. Taglieri, by attempting to establish the definition of a child’s “habitual residence.” The Court held that a child’s “residence in a particular country can be deemed ‘habitual, however, only when her residence there is more than transitory.’” Further, the Court stated that, ‘“[h]abitual’ implies customary, usual, of the nature of a habit.”’ However, the Supreme Court’s ruling remains unclear. The 1980 Hague Convention on the Civil Aspects of International Child Abduction (“HCCAICA” or “The Hague Convention”), which is adopted in ninety-eight …