This paper aims to critically examine the ethical and legal dimensions of compensated surrogacy in India within the context of the enactment of the Surrogacy (Regulation) Act of 2021, which bans commercial surrogacy and allows only altruistic (non-paid) surrogacy. Through a feminist critical approach, this paper explores the tensions between three main perspectives in the...
This article examines the qāḍī (Islamic judge) records in Tashkent during the Russian colonial period (1865–1917) as a vital source for understanding the social and legal history of Muslim communities in Central Asia. Following administrative reforms implemented by the colonial government, Islamic courts were required to systematically record judicial proceedings in two types of...
Custody disputes between biological and adoptive mothers often pose legal dilemmas as they involve both biological and social aspects, particularly in determining who has the stronger claim to raise the child. This study aims to examine and analyse the judges' reasoning at the first instance, appellate, and cassation levels, with reference to the application of the principle of...
Despite advancements in legal frameworks and gender equality discourse, women in Cameroon continue to face widespread rights violations, including Female Genital Mutilation, sexual abuse, child marriage, and harmful traditional practices. This persists despite Cameroon’s ratification of international instruments like CEDAW and the Maputo Protocol, raising concerns about the...
Marriage is an order given by Allah to His servants which aims to create a family that is sakinah mawadah warahmah, so that Allah gives extraordinary gifts and rewards to the perpetrators. Marriage for Javanese people is something sacred and considered very important because the implementation of marriage is full of rituals which, when examined, have many meanings that can be...
One way to acquire wealth in Islam is through inheritance, where the estate left by a deceased person is distributed to their heirs based on Islamic principles of justice. However, in practice, disputes often arise regarding the status of a civil servant's (PNS) pension upon their death-whether it should be considered inheritance (tirkah) or not. This study aims to examine the...
This research examines Islamic waqf in Tunisia, a topic that is rarely discussed in contemporary studies, especially from a historical and sociological perspective. Most of the existing studies focus more on normative aspects such as the laws, conditions, and pillars of waqf. In contrast, empirical research looking at the historical and sociological aspects of Islamic waqf is...
One of the things that is currently rife is the case of liwath or male to male intercourse with the willingness of both parties carried out by waria (female-male) or with a normal male appearance. In general, waria have no space in the religious and social spheres of society, because it goes back to the definition of waria itself which is in the middle between women and men. The...
The women's organisations in Sri Lanka have been advocating for three decades for appointing women Qāḍī. However, the association of predominant religious leaders, namely All Ceylon Jam-e-athul Ulama (ACJU), opposes women's demands. Consequently, there has been a deadlock between the ACJU and its reform proponents. This deadlock has created chaos and public debate among not only...
Islam serves as a comprehensive guide for human beings, governing their daily affairs, including earthly life and the hereafter. Islamic jurisprudence categorises all human conduct into permissible (halal) and forbidden (haram). Islam emphasises the proper preparation of halal meat for consumption. This study aims to explore perceptions of halal slaughtering among butchers in the...
Basically, regulations are made to provide benefits and guarantee the rights of individual humans. In fact, the practice of polygamy is the right of everyone, both men and women, because polygamy itself is not prohibited even though it must fulfil certain conditions. In order to create this goal, legal protection must be provided. However, this protection is still inadequate...
A husband's economic condition becomes a problem in a child's family. Parental intervention is a natural thing, but in a child's household, let the child live independently and learn to manage problems in the household. However, what if parental intervention results in divorce when the problems in the household can actually be resolved well. This happened in Jatirogo Village...
A case concerning an application for itsbat marriage at the Cilacap Religious Court filed by a husband and his second wife. Their marriage was conducted siri without the knowledge of the first wife. This application was filed to obtain legalisation of their siri marriage so that it could be officially recorded, which has implications for the legality of children born from the...
Every child has the right to know his or her parents, to be raised, and to be cared for by his or her own parents. The provision regarding the child's right to know who his or her parents are, in the sense of origin (including the mother of the milk), is intended to avoid the disconnection of genealogy and blood relations between the child and his or her biological parents, while...
This article analyses the concept of utilitarianism proposed by J.S. Mill and its application in the context of arranged marriages at Sunan Giri Islamic Boarding School in Salatiga. Furthermore, the purpose of this research is to analyse an arranged marriage that occurs in an Islamic boarding school using the theory of utilitarianism presented by J.S. Mill. The research applied...
In recent decades, grant disputes have attracted considerable attention because the decisions often present debates and the decisions concluded need to reach decisions that are just and in accordance with applicable legal principles. This article will analyse Decision Number: 48/Pdt.Sus/2011 on grant cancellation. The method used in this research uses a normative juridical...
The age of marriage for women is influenced by various socio-economic and cultural factors and remains a controversial topic in Sri Lanka. Child marriages are highly destructive, violating the fundamental rights of children protected by multiple global and national laws. The Eastern Province of Sri Lanka is particularly affected by this issue, resulting in children abandoning...
A testament deed is an authentic deed that has perfect proof. Testament is a unilateral will, so it does not require agreement with other parties, as a partij deed, the Notary only formulates the wishes of the Testator, because it involves property it often causes problems so that it is possible for a lawsuit against the testament deed. Analysing the decision of the Yogyakarta...
Marriage is a noble sunnah that has been carried out by the Prophets and Messengers and the early and late generations who followed their guidance. Walimah itself means a celebration, a banquet specifically for marriage and is not used for events outside of marriage. Walimah according to the custom in Padukuhan Nepi is very important so that to hold a walimah the community has...
This research aims to explore the legal protections and responsibilities assumed by Land Deed Officials (PPATs), particularly in the context of Court Decision No. 43/Pdt.G/2017/PN. Slt. Using a case study approach, we identify factors that affect the legal responsibilities of PPATs under the judgment. While evaluating whether the existing legal system has provided adequate...
Indonesia as a sovereign state pays great attention to the rights of its citizens, especially in the context of marriage between men and women, through Islamic family law. Although there are still many divorce cases, the Religious Court as a judicial institution that handles family matters for Islamic citizens, plays an important role in positioning women fairly. However, the...
Marriage is a very sacred ceremony, which aims to achieve happiness and in fact this marriage ceremony is inseparable from the rules set out in religious law. The main goal is to form a family filled with love and affection. However, in this day and age, the concept of family has lost its spiritual dimension as a means of worship to the Creator. Marriage is often considered a...
This article discusses the validity and legal consequences of divorce in Islamic law and positive law in Indonesia. This research uses a qualitative approach with deductive analysis method and literature study with Normative-Juridical approach. The results show that divorce is considered valid in Islamic law if it fulfills the predetermined conditions. On the other hand, in...
Hindu jurisprudence has played an important role in the formation of the basis and source of family law in Nepal. This article conducts an in-depth investigation of how Hindu legal principles have influenced the regulation of family law in Nepal. Through careful analysis, it outlines the historical development of Hindu jurisprudence and the way its influence manifests in Nepal's...
In an effort to regulate marriage and reduce the practice of underhand marriage (sirri) in Indonesia, the government has imposed two requirements: material and administrative requirements. Material requirements include provisions related to the pillars of marriage, both those stipulated in fiqh and the law. Meanwhile, the administrative requirements relate to marriage...