Search results for: traditional marriage

Authors: Lizelle Ramaccio Calvino

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Article 3 of the United Nations Convention on the Rights of Child states that 'The best interests of the child must be a top priority in all decisions and actions that affect children.' This stance is also echoed in terms of article 20 of the African Charter on the Rights and Welfare of the Child. South Africa, as a signatory of the aforesaid international and national conventions, constitutionalised the best interest of the child in terms of section 28(2) of the Republic of South Africa, 1996. Section 28(2) provides that '[A] child’s best interests are of paramount importance in every matter concerning the child.' The application of 'the best interests of the child' principle is consequently applicable in all fields of South African law, including matrimonial law. Two separate but equal Acts regulate civil marriages in South Africa, namely the Marriage Act 25 of 1961 and the Civil Union Act 17 of 2006. Customary marriages are regulated by the Recognition of Customary Marriages Act 120 of 1998. In terms of the Marriage Act and the Recognition of Customary Marriages Act, a minor may (provided he/she obtains the required consent) enter into a marriage. Despite the aforesaid, section 1 of the Civil Union Act categorically prohibits a minor from entering into a civil union. The article will first determine whether the ban of minors from entering into a civil union undermines the 'the best interests of the child' principle, and if so, whether it is in violation of the Constitution as well as international and national conventions. In addition, the article will critically analyse whether the application of the Marriage Act and the Civil Union Act (dual Acts) result in disparity within the South African marriage law framework, and if so, whether such discrepancy violates same-sex couples’ right (in particular a same-sex minor) to equality before the law and to have their dignity protected. The article intends, through the application of a qualitative research methodology and by way of a comparative analyses of international and domestic laws, consider whether a single well-defined structure such as the Dutch marriage law system would not be an improved alternative to address the existing paradox resulting from the application of an Act that undermines 'the best interest of the child' principle. Ultimately the article proposes recommendations for matrimonial law reform.

Keywords: best interests of the child, civil marriage, civil union, minor

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Authors: Emad Mohammed Sani

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Women encounter exclusion and discrimination in varying degrees, particularly those who marry as minors. The detrimental custom of getting married young is still prevalent worldwide and affects millions of people. It has been less common over time, although it is still widespread in underdeveloped nations. Oromia Regional State is the region in Ethiopia with the highest proportion of child brides. This study aimed at evaluating the effects of early marriage on its survivors’ life conditions – specifically, empowerment and household decision-making – in Eastern Hararghe Zone of Oromia Region. This study employed community-based cross-sectional study design. It adopted mixed method approach – survey, in-depth interview and focus group discussion (FGD) – to collect, analyses and interpret data on early marriage and its effects on household decision-making processes. Narratives and analytical descriptions were integrated to substantiate and/or explain observed quantitative results, or generate contextual themes. According to this study, married women who were married at or after the age of eighteen participated more in household decision-making than child brides. Child brides were more likely to be victims of violence and other types of spousal abuse in their marriages. These changes are mostly caused by an individual's age at first marriage. Delaying marriage had a large positive impact on women's empowerment at the household level, and age at first marriage had a considerable negative impact. In order to advance women's welfare and emancipation, we advise more research to concentrate on the relationship between the home and the social-structural forms that appear at the individual and communal levels.

Keywords: child-bride, early marriage, women, ethiopia

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Authors: Niveen Hassan-Abbas, Tammie Ronen-Rosenbaum

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Background and purpose: 'Flourishing in marriage' is a concept refers to married individuals’ high positivity ratio regarding their marriage, namely greater reported positive than negative emotions. The study proposes a different approach to marriage which emphasizes the place of the individual himself as largely responsible for his personal flourishing within marriage. Accordingly, the individual's desire to preserve and strengthen his marriage largely determines the marital behavior in a way that will contribute to his marriage success (Actor Effect), regardless the contribution of his or her partner to his marriage success (Partner Effect). Another assumption was that flourishing in marriage could be achieved by two separate processes, where capitalization support increases the positive marriage's evaluations and accommodation decreases the negative one. A theoretical model was constructed, whereby individuals who were committed to their marriage were hypothesized as employing self-control skills by way of two dynamic processes. First, individual’s higher degree of 'capitalization supportive responses' - supportive responses to the partner's sharing of positive personal experiences - was hypothesized as increasing one’s positive evaluations of marriage and thereby one’s positivity ratio. Second, individual’s higher degree of 'accommodation' responses - the ability during conflict situations to control the impulse to respond destructively and instead to respond constructively - was hypothesized as decreasing one’s negative evaluations of marriage and thereby increasing one’s positivity ratio. Methods: Participants were 156 heterosexual Arab couples from different regions of Israel. The mean period of marriage was 10.19 (SD=7.83), ages were 31.53 years for women (SD=8.12) and 36.80 years for men (SD=8.07). Years of education were 13.87 for women (SD=2.84) and 13.23 years for men (SD=3.45). Each participant completed seven questionnaires: socio-demographic, self-control skills, commitment, capitalization support, accommodation, marital quality, positive and negative affect. Using statistical analyses adapted to dyadic research design, firstly descriptive statistics were calculated and preliminary tests were performed. Next, dyadic model based on the Actor-Partner Interdependence Model (APIM) were tested using structural equation modeling (SEM). Results: The assumption according to which flourishing in marriage can be achieved by two processes was confirmed. All of the Actor Effect hypotheses were confirmed. Participants with higher self-control used more capitalization support and accommodation responses. Among husbands, unlike wives, these correlations were stronger when the individual's commitment level was higher. More capitalization supportive responses were found to increase positive evaluations of marriage, and greater spousal accommodation was found to decrease negative evaluations of marriage. High positive evaluations and low negative evaluations were found to increase positivity ratio. Not according to expectation, four partner effect paths were found significant. Conclusions and Implications: The present findings coincide with the positive psychology approach that emphasizes human strengths. The uniqueness of this study is its proposal that individuals are largely responsible for their personal flourishing in marriage. This study demonstrated that marital flourishing can be achieved by two processes, where capitalization increases the positive and accommodation decreases the negative. Practical implications include the need to construct interventions that enhance self-control skills for employment of capitalizing responsiveness and accommodation processes.

Keywords: accommodation, capitalization support, commitment, flourishing in marriage, positivity ratio, self-control skills

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Authors: Muhammad Farooq

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The present article explores the woman's consent as a paramount element in contracting a Muslim marriage. Also, whether permission of the wali (guardian) is a condition per se for a valid nikah (marriage deed) in the eye of law and Sharia. The researcher attempts to treat it through the related issues, inter alia; the marriage guardian, the women's legal capacity to give consent whether she is a virgin or nonvirgin and how that consent is to be given or may be understood. Does her laugh, tears or salience needs a legal interpretation as well as other female manifestations of emotion explained by the Muslim jurists? The silence of Muslim Family Law Ordinance 1961 (hereafter; MFLO 1961) in this regard and the likely reasons behind such silence is also inquired in brief. Germane to the theme, the various cases in which the true notion of woman's consent is interpreted by courts in Pakistan are also examined. In order to address the issue in hand, it is proposed to provide a brief overview of a few contemporary writers' opinions in which the real place of woman's consent in Muslim marriage is highlighted. Key to the idea of young Muslim woman's marriage, the doctrine of kafa'a (equality or suitability) between the man and woman is argued here to be grounded in the patriarchal and social norms. It is, therefore, concluded that such concept was the result of analogical reasoning and has less importance in the present time. As such it is not a valid factor in current scenarios to validate or invalidate marital bonds. A standard qualitative convention is used for this research. Among primary and secondary sources; for examples, Qur'an, Sunnah, Books, Scholarly articles, texts of law and case law is used to point out the researcher's view. In summation, the article is concluded with a bold statement that a young woman being a party to the contract, is absolutely entitled to 'full and free' consent for the Muslim marriage contract. It is the woman, an indispensable partaker and her consent (not the guardian' permission) that does validate or invalidate the said agreement in the eye of contemporary personal law and in Sharia.

Keywords: consent of woman, ejab (declaration), Nikah (marriage agreement), qabol (acceptance), sui juris (of age; independent), wali (guardian), wilayah (guardianship)

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Authors: Rorick Daniel Tovar Galvan

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The existence of different legal systems represents an important barrier for married couples that attempt to reside in another country. Each movement can cause important changes in the rights and obligations derived from the marriage since a different law could be used by the courts to solve legal disputes arising from their relationship. In a context in which it is increasingly common to move from one country to another, people cannot be certain about the outcomes of proceedings dealing with i.e., the dissolution of property regime, maintenance payments or time to wait to initiate divorce because a foreign – and in most cases unknown – law could apply every time they move. At first glance, the answer to this issue seems to be the harmonization of the legal systems: the greater the mobility of individuals inside a group of countries, the higher the similarities of their laws should be. Such a solution could be positive for spouses because a higher degree of legal certainty would be reached in case the same legal rules applied regardless of the place where the couple lives. However, the legal pluralism brings with it also advantages that could be appreciated when one looks closely at the economic rationale behind the legal institution of marriage. This contribution carries out an economic analysis of the existence of different legal systems in the area of marriage law and proposes another strategy to cope with the problems arising from legal pluralism. Far from eliminating the diversity of legal systems, one wishes to foster it, since significant advantages could arise from such diversity in case couples are permitted to choose the applicable law themselves. Based on the idea that the law could be seem as a product offered in the market as well as states and spouses as suppliers and consumers of this product, the paper shows the advantages of designing a legal framework that allows spouses to determine freely the law governing the legal effects of their marriage. Instead of promoting the harmonization of the substantive law, one explores the benefits of encouraging the regulatory competition at international level in the area of marriage law.

Keywords: conflict of laws, harmonization, international marriage law, law and economics, regulatory competition

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Authors: Elisabeth Sundari, Anny Retnowati

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This research aims to examine the meaning of 'the best interests of the child' in Indonesia's rampant phenomenon of child marriage. The methodology used empirical and normative legal research by examining the parent's reason and the judges' considerations in granting child marriage dispensation applications. It takes data samples from judges' decisions purposively in two courts that differ in geographical and religious backgrounds to see data variation. Namely, the District Court and Religious Court of Yogyakarta City, as well as Gunung Kidul Regency, in the last three years (2020-2022). It analyses the data qualitatively to explore how judges interpreted 'the best interests of the child' in their decision. The results show that judges granted 100% of all child marriage dispensation applications filed by parents. The three reasons parents gave for applying for dispensation were that they were ashamed of having a pregnant child without being married, followed religious teachings, and obtained legal status for the baby. The judges supported those reasons by granting the dispensation application. The external factor of the child itself influenced the meaning of 'The best interests of the child' in marrying off children in Indonesia, such as cultural taboos, religious teachings, and obtaining legal status for the baby, rather than internal factors of the child, such as the will to marry, the mental and psychological readiness of the child to become a mother, as well as a wife. This research contributes to the finding that external factors, such as local culture and religion, can influence the meaning of 'the best interests of the child.'

Keywords: interests, child, Indonesia, marriage

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Authors: Emmanuel Olamijuwon

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Despite laws against child marriage - a violation against child rights, the practice remains widespread in sub-Saharan Africa and globally partly because of persistent poverty, gender inequality, protection and the need to reinforce family ties. Using pooled data from the recent demographic and health surveys of 20-sub-Saharan African countries with a regional representative sample of 36,943 girls under 18 years, this study explores the prevalence, pattern and infant mortality implications of this marriage type while also examining its regional variations. Indications from the study are that child marriage is still very high in the region with variations above one-tenth in West, Central and Southern Africa regions except in the East African region where only about 7% of children under 18 were already married. Preliminary findings also suggest that about one-in-ten infant deaths were to child brides many of whom were residing in poor households, rural residence, unemployed and have less than secondary education. Based on these findings, it is, therefore, important that government of African countries addresses critical issues through increased policies towards increasing enrollment of girl children in schools as many of these girls are not likely to have any economic benefit to the region if the observed pattern continues.

Keywords: child marriage, infant mortality, Africa, child brides

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Authors: Hajar Mohafezatkar Abadi

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The family foundation is formed by marriage, and each couple, with their unique attitudes and personalities, takes a step into marriage. The more efficient and flexible these variables are, the more stable the marriage will be predicted. This group of couples sees their conflicts as an opportunity for growth, not as a threat to their shared life. Regarding family issue importance, a lot of research has been done around this topic which can be an effective step toward improving couples' life quality. The aim of the present study was to determine the role of personality and attitude on marital conflict. 306 couples (153 females, 153 males) were selected using multistage cluster sampling. The participants completed the personality Questionnaire (16PF, Cattell, 1975), marital conflict Questionnaire (MCQ-R, Sanaee Zaker, 1387), and dysfunctional attitude Questionnaire (DAS-26, Weissman & beck. 1987). The regression analysis results indicated that some personality traits and dysfunctional attitudes had a significant positive correlation with marital conflict.

Keywords: marital conflict, dysfunctional attitude, personality, personality questionnaire (16PF)

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Authors: Poonamdeep kaur

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With the increase in number of Non-Resident Indian marriages there is also increase in foreign decree divorces which inevitably causes the problem of recognition and enforcement of foreign judgments in India. The Hindus in India are governed by the Hindu Marriage Act, 1956. According to the said Act the courts in India have jurisdiction to try the matrimonial dispute if the marriage is performed in India or the parties to the marriage have domicile in India irrespective of their nationality status. But, sometimes one of the parties to the marriage whose marriage is solemnized in India obtains divorce in foreign courts and prays for the recognition and enforcement of such divorce in India. In such case section 13 of the Indian Civil Procedure Code, 1908, comes into play for the recognition and enforcement of foreign divorces in India. The section makes a foreign judgment conclusive in India subject to the fulfilment of certain conditions. Even if a foreign decree divorce is given on personal connecting factors of the parties to the matrimonial dispute like domicile, such divorce may still be refused recognition in India by virtue of section 13 of the Indian Civil Procedure Code, 1908. It is a universal truth that municipal law of countries is not the same throughout the world. Comity plays an important role in recognition and enforcing a foreign judgment, but, now in India the principle is not applied mechanically as the divorce matter is dealt strictly with regard to Indian Law. So in this paper there will be deep analysis of Indian case laws relating to recognition and enforcement of foreign divorces and based on this a comparative study will be made with the laws of Canada and England on the same subject to find out whether the Indian law on recognition and Enforcement of foreign judgment are in line with the laws of Canada and England and whether in recent years the Indian courts have evolved some new principles of private international law to deal with limping marriages. At last conclusions will be drawn out from the comparative study and suggestions would be given to make the rules of recognition and enforcement of foreign judgments on divorce more certain.

Keywords: divorce, foreign decree, private international law, recognition and enforcement of foreign judgment

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Authors: Franco Lorenzo D. Morales

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‘Toshi-no-sakon,’ which translates to as ‘age gap marriage,’ is a term that has been popularized by celebrity couples in the Japanese entertainment industry. Japan is distinct for a developed nation for its rapidly aging population, declining marital and fertility rates, and the reinforcement of traditional gender roles. Statistical data has shown that the average age of marriage in Japan is increasing every year, showing a growing tendency for late marriage. As a result, the government has been trying to curb the declining trends by encouraging marriage and childbirth among the populace. This graduate thesis seeks to analyze the ‘toshi-no-sakon’ phenomenon in lieu of Japan’s current economic and social situation, and to see what the implications are for these kinds of married couples. This research also seeks to expound more on age gaps within married couples, which is a factor rarely-touched upon in Japanese family studies. A literature review was first performed in order to provide a framework to study ‘toshi-no-sakon’ from the perspective of four fields of study—marriage, family, aging, and gender. Numerous anonymous online statements by ‘toshi-no-sakon’ couples were then collected and analyzed, which brought to light a number of concerns. Couples wherein the husband is the older partner were prioritized in order to narrow down the focus of the research, and ‘toshi-no-sakon’ is only considered when the couple’s age gap is ten years or more. Current findings suggest that one of the perceived merits for a woman to marry an older man is that financial security would be guaranteed. However, this has been shown to be untrue as a number of couples express concern regarding their financial situation, which could be attributed to their husband’s socio-economic status. Having an older husband who is approaching the age of retirement presents another dilemma as the wife would be more obliged to provide care for her aging husband. This notion of the wife being a caregiver likely stems from an arrangement once common in Japanese families in which the wife must primarily care for her husband’s elderly parents. Childbearing is another concern as couples would be pressured to have a child right away due to the age of the husband, in addition to limiting the couple’s ideal number of children. This is another problematic aspect as the husband would have to provide income until his child has finished their education, implying that retirement would have to be delayed indefinitely. It is highly recommended that future studies conduct face-to-face interviews with couples and families who fall under the category of ‘toshi-no-sakon’ in order to gain a more in-depth perspective into the phenomenon and to reveal any undiscovered trends. Cases wherein the wife is the older partner in the relationship should also be given focus in future studies involving ‘toshi-no-sakon’.

Keywords: age gap, family structure, gender roles, marriage trends

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Authors: Tetsuki Taniguchi, Yoshio Karasawa

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This paper describes a node pair selection scheme in relay-aided multiple source multiple destination communication system based on stable marriage problem. A general case is assumed in which all of source, relay and destination nodes are equipped with multiantenna and carry out multistream transmission. Based on several metrics introduced from inter-node channel condition, the preference order is determined about all source-relay and relay-destination relations, and then the node pairs are determined using Gale-Shapley algorithm. The computer simulations show that the effectiveness of node pair selection is larger in multihop communication. Some additional aspects which are different from relay-less case are also investigated.

Keywords: relay, multiple input multiple output (MIMO), multiuser, amplify and forward, stable marriage problem, Gale-Shapley algorithm

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Authors: A. Wolfe

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Dayo Forster’s impressively crafted Reading the Ceiling (2007) enjoys a relatively high profile among Western readers. It is one of only a handful of Gambian novels to be published by an international publisher, Simon and Schuster of London, and was subsequently shortlisted for the Commonwealth Writer’s Best First Book Prize in 2008. It is currently available to US readers in print and as an e-book and has 167 ratings on Goodreads. This paper addresses the possible influence of the book on Western readers’ perception of The Gambia, or Africa in general, through its depiction of the conditions of Gambian women’s lives. Through a close reading of passages and analysis of imagery, intertextuality, and characterization in the book, the paper demonstrates that Forster portrays the culture of The Gambia as oppressively patriarchal and the prospects for young girls who stay in the country as extremely limited. Reading the Ceiling starts on Ayodele’s 18th birthday, the day she has planned to have sex for the first time. Most of the rest of the book is divided into three parts, each following the chain of events that occur after sex with a potential partner. Although Ayodele goes abroad for her education in each of the three scenarios, she ultimately capitulates to the patriarchal politics and demands of marriage and childrearing in The Gambia, settling for relationships with men she does not love, cooking and cleaning for husbands and children, and silencing her own opinions and desires in exchange for the familiar traditions of patriarchal—and, in one case, polygamous—marriage. Each scenario ends with resignation to death, as, after her mother’s funeral, Ayodele admits to herself that she will be next. Forster uses dust and mud imagery throughout the novel to indicate the dinginess of Ayodele’s life as a young woman, and then wife and mother, in The Gambia as well as the inescapability of this life. This depiction of earthen material is also present in the novel’s recounting of an oral tale about a mermaid captured by fishermen, a story that mirrors Ayodele’s ensnarement by traditional marriage customs and gender norms. A review of the fate of other characters in the novel reveals that Ayodele is not the only woman who becomes trapped by the expectations for women in The Gambia, as those who stay in the country end up subservient to their husbands and/or victims of men’s habitual infidelity. It is important to note that Reading the Ceiling is focused on the experiences of a minority—The Gambia’s middle class, Christian urban dwellers with money for education. Regardless of its limited scope, the novel clearly depicts The Gambia as a place where women are simply unable to successfully contend against traditional patriarchal norms. Although this novel evokes vivid imagery of The Gambia through original and compelling descriptions of food preparation, clothing, and scenery, it perhaps does little to challenge stereotypical perceptions of the lives of African women among a Western readership.

Keywords: African literature, commonwealth literature, marriage, stereotypes, women

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Authors: Huma Aly, M. Asir Ajmal, Maryam F Munir

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The present study explored the role of caste system in determining and understanding the positive and negative impact of within caste marriages. It analyzed various rituals and concept of dowry system across castes. Reasons for the emphasis on within caste marriage were identified. Qualitative research method was used and for this purpose semi structured interviews were conducted across four castes namely Arains, Jutts, Sayyads, and Kakezais. The sample consisted of eight individuals including a male and female from each caste. Grounded theory method was used to analyze the results. Codes, categories and themes were formulated. Findings revealed that rriage mrituals and dowry system varied across biradries. Parents and grandparents still feel reluctant to marry outside their own caste. One major reason which appeared was that while marrying across castes, individuals feel reluctant to marry in Jutts and Kakezais. On the contrary, modernization, education and urbanization is changing the mindset of new generation and some of them want to eradicate the negative aspects of this system. This study will play a significant part in changing the traditional viewpoint of majority of elders of our society who still have immense association with the caste they belong to.

Keywords: caste, codes, categories, themes, Pakistan

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Authors: Shu-Hsi Ho

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The problems of aging and number of widowed peers gradually rise in Taiwan. It is worth to concern the related issues for elderly after the death of a spouse. Hence, this study is to examine the impact of spousal death on the surviving spouse’s self-perceived health and mental health for the elderly in Taiwan. A cross section data design and ordered logistic regression models are applied to investigate whether marriage is associated significantly to self-perceived health and mental health for the widowed older Taiwanese. The results indicate that widowed marriage shows significant negative effects on self-perceived health and mental health regardless of widows or widowers. Among them, widows might be more likely to show worse mental health than widowers. The belief confirms that marriage provides effective sources to promote self-perceived health and mental health, particularly for females. In addition, since the social welfare system is not perfect in Taiwan, the findings also suggest that family and social support reveal strongly association with the self-perceived health and mental health for the widows and widowers elderly.

Keywords: logistic regression models, self-perceived health, widow, widower

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Authors: Gulden Aykinbaeva, Assem Umirzakova, Assel Makhadiyeva

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The problem of studying of young married couples in connection with a change of social institute of a family and marriage is represented very actual for family consultation, considering a family role in the development of modern society. Results of numerous researchs say that one of difficult in formation and stabilization of a matrimony is the period of a young family. This period is characterized by various processes of integration, adaptation and emotional compatibility of spouses. The young family in it the period endures the first standard crisis which postpones a print for the further development of the family scenario. Emergence new, earlier not existing, systems of values render a huge value on the process of formation of a young family and each of spouses separately. Possibly to solve the set family tasks at the development of the uniform system of the family relations in which socially mature persons capable to consider a family as the creativity of each other act as subjects. Due to the research objective in work the following techniques were used: a questionnaire of satisfaction with V. V. Stolin's marriage and A. N. Volkova's technique directed on detection of coherence of family values and role installations in a married couple, and also content – the analysis. Development of an internal basis of a family on mutual clearing of values is important during the work with married couples. 'The mature view' of the partner in the marriage union provides coherence between the expected and real behavior of the partner that is important for the realization of the purposes of adaptation in a family. For research of communication of the data obtained by means of A. N. Volkova's techniques, V. V. Stolina and content – the analysis, the correlation analysis, with the application of the criterion of Spirmen was used. The analysis of results of the conducted research allowed us to determine the number of consistent patterns: 1. Nature of change of satisfaction with marriage at spouses testifies that the matrimonial relations undergo high-quality changes at different stages of formation of a young family. 2. The matrimonial relations in the course of their development, formation and functioning in young marriage undergo considerable changes on psychological, social and psychological and insignificant — at the psychophysiological and sociocultural levels. The material received by us allows to plan ways of further detailed researches of the development of the matrimonial relations not only in the young marriage but also at further stages of development of a matrimony. We believe that the results received in this research can be almost applied at creation of algorithms of selection of marriage partners, at diagnostics of character and the maintenance of matrimonial disharmonies, at the forecast of stability of marriage and a family.

Keywords: married couples, formation of the young family, psychological consultation, matrimony

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Authors: Sankalpa Satapathy

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The stigma attached to disability is very high in India and given its patriarchal society women and their interests have always been pushed to the background. The identity of disabled women is compromised under the social construction of disability which lowers their self-esteem and hampers their development. Disability policies in India have focused on provision of educational and employment opportunities to make them economically productive members of the society. This preoccupation with the materialistic spheres of lives of the disabled has led to a neglect of the private sphere concerning intimate social relationships and motherhood. This paper seeks to bring to forefront the private lives of disabled women. Semi-structured in-depth interviews were conducted with twenty seven women with physical disability (congenital/acquired) from Odisha, a state in India. Sampling was done in a manner to include women from various strata of the society to allow meaningful analysis. In a society where paramount importance is attached to wifehood and motherhood, the chances of marriage for disabled women were very low compared to disabled men. Majority believed that marriage and having a family was meant for non disabled women and had decided against getting married. Socialization process was found to be a major factor in determining the ideas and aspirations of disabled women. They were clearly sidelined by their families on the issue of marriage. Education and employment levels did not seem to increase the appeal of disabled women to prospective suitors. But not all the women interviewed were closed to the idea of intimate relationships and marriage. Disabled women who were married or hoped to get married in future were found to have a better body image and greater self motivation. It is interesting to understand the means by which these women, who have been brought up to internalize ideas of their unattractiveness, undesirability, asexuality and inability to care, established identities which have so long been denied to them. With these stories of personal triumphs an attempt is made for reclamation of private spheres which have been abandoned by disability policies and make them gender sensitive.

Keywords: disability, gender, marriage, relationships

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Authors: Wai M. Shum

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There was evidence that the change of marital quality satisfaction was related to the different stages of the family life cycle. Research studies have been largely based on western contexts, which found a curvilinear U-shaped trend in changes of marital satisfaction over the course of a marriage, but little is known about the marital experiences of Hong Kong couples. Through in-depth interviews, this qualitative study explored the marital relationship of middle-aged couples in a satisfying marriage and to identify how couples maintain a satisfying relationship in the local context. Findings from this study suggested twelve themes with some showing consistency with previous literature, such as communication, companionship, trust, and fidelity. The affective aspects of empathetic understanding and perceived empathy were found to have an enormous effect on couples’ bondedness. The high level of differentiation and security served as a basis for unconditional contribution, acceptance, and adjustment to unsolvable issues such that negative emotion would not be escalated. The manifestations of intimacy and commitment in the triangular theory of love were more frequently addressed than passion in striving for marital longevity in the local context. This study challenged the curvilinear trend of marital satisfaction throughout marriage, with couples showing different pathways of marital satisfaction. The study gave insights on martial enrichment, such as facilitating couples to disclose their vulnerabilities, desire for physical intimacy, and passion in the pursuit of enduring marriage instead of an emphasis on skills training on communication and conflict resolution.

Keywords: intimacy, marital relationship, marital satisfaction, middle-aged

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Authors: Jatesh Kathpalia, Subhash Chander

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Violence against women has spread into a global epidemic. This has debilitating effect over the performance of women. Due to deep-rooted values, traditional Indian culture women fear the consequences of reporting violence and declare an unwillingness to subject themselves to the shame of being identified as battered women. Main interest was to study types of domestic violence which women face and to encourage them to report the matter. The study involved understanding the nature, extent and types of domestic violence. Two hundred rural women respondents were selected at random, interview schedule was prepared, and victims afflicted with domestic violence were identified. Data were collected and analyzed for different forms of domestic violence faced by women. 60% of the respondents faced domestic violence in different forms. Out of 120 women who were affected, 92.5% faced emotional, 90.8% faced verbal, 49.1% faced economic and 58.3% faced physical violence. 45.0% faced violence within three months of the marriage. Out of these, only 6.6% reported the violence to the police. Frequently faced forms of violence were slapping (27.1%), beating (24.3%) and starvation (25.7%). Number of women who were not allowed to spend money of their own stood at 30.5%. About 50% victims of emotional violence were facing constant criticism by their in-laws. Significant association was found between age, education and socio-economic status of the respondents and domestic violence. Rural women in Haryana face grave problem of domestic violence which need to be curbed for improving condition of women in society.

Keywords: domestic violence against women, economic, emotional, physical and verbal violence, marriage, rural women

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Authors: J. Jayaletchmi

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In seeking to manage a multiracial and multi-religious society, Singapore provides a unique solution – a dual court system whereby a common law system co-exists with a Syariah law system that administers Syariah law for the Muslim population. In this respect, Singapore seems to provide a feasible example of legal pluralism to countries grappling with a burgeoning Muslim population. However, problems have arisen regarding this peaceful coexistence of secular and religious laws that seek to balance the rights of women and religious freedom. Singapore’s interpretation of Syariah law in the context of marriage and divorce has resulted in certain inequalities for Muslim women, which are exemplified in light of the Women’s Charter, a landmark piece of legislation which provides the legal basis for equity between husband and wife, but excludes Muslims from its ambit. The success of Singapore’s dual court system has largely been at the expense of Muslim women’s rights, and, as a result, the Muslim community as a whole has begun trailing behind the progressive society it forms a part of. This paper explores the prevailing unfairness of rules governing Muslim marriage and divorce in Singapore, and puts forth bold reforms.

Keywords: legal pluralism, Singapore, Syariah law, women’s rights

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Authors: Shaojian Li

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The traditional Chinese patterns, as an integral part of Chinese culture, possess unique values in history, culture, and art. However, with the passage of time and societal changes, many of these traditional patterns are at risk of being lost, damaged, or forgotten. To undertake the digital preservation and protection of these traditional patterns, this paper will collect and organize images of traditional Chinese patterns. It will provide exhaustive and comprehensive semantic annotations, creating a resource library of traditional Chinese pattern images. This will support the digital preservation and application of traditional Chinese patterns.

Keywords: digitization of cultural heritage, traditional Chinese patterns, digital humanities, database construction

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Authors: Badran Leena, Rimmerman Arie

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Arab society in Israel is undergoing modernization and secularization. However, its approach to disability and mental illness is still dominated by religious and traditional stereotypes, as well as folk remedies and community practices. The present study examines differences in Muslim social workers' and Imams' recommendations in marriage/divorce and child custody cases of persons with intellectual disabilities (ID) or mental illness. The study has two goals: (1) To examine differences in recommendations between Imams and Muslim social workers; (2) To explore variables related to their differential recommendations as observed in their responses to vignettes—a quantitative study using vignettes resembling existing Muslim religious (Sharia) court cases. Muslim social workers (138) and Imams (48) completed a background questionnaire, a religiosity questionnaire, and a questionnaire that included 25 vignettes constructed by the researcher based on court rulings adapted for the study. Muslim social workers tended to consider the religious recommendation when the family of a person with ID or mental illness was portrayed in the vignette as religious. The same applied to Imams, albeit to a greater extent. The findings call for raising awareness among social workers and academics regarding the importance of religion and tradition in formulating professional recommendations.

Keywords: child custody, intellectual and developmental disability, marriage/divorce, mental illness, sharia court, social workers

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Authors: Hüseyin Biçer

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The purpose of this study is an explanation of using and expectation traditional and complementary medicine in Turkey in terms of regionally, cultural and social. Due to geopolitics position, at the intersection of the Middle East, Africa and Europe, Turkey has historically hosted many civilizations and cultures, and hosts many religions at the same time and therefore is very open to intercultural interaction. For this reason, the traditional medicine of Turkey contains traces of many civilizations rather than a traditional medicine of its own. In Turkey, complementary and traditional medicine are used actively. The aim of the study is to measure whether the patients have ever taken traditional medicine as a caretaker or for the supportive treatment of their diseases, and as a result, their expectations. This cross-sectional, paper-based survey study was conducted in 27 state hospitals and 29 family medicine clinics in seven geographical regions of Turkey. Patients who had an appointment in the waiting rooms that day were included. 77.4% of the patients participating in the study stated that they used traditional medicine at least 5 times in their life, 27.6% stated that traditional medicine was sufficient in some diseases, and 36.8% stated that traditional treatment was a part of normal treatment. Both faith and cultural approaches in Turkey always keep traditional medicine close to drugs. Another danger, apart from traditional medicine drugs that can interact with drugs, is that patients find it sufficient to use traditional and complementary medicine alone.

Keywords: complementary medicine, traditional medicine, medicine in Turkey, alternative medicine

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Authors: Ayelet Gur

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Background: Parents with intellectual disability are of great interest to social service professionals. Article 23 of the United Nations Convention on the Rights of Persons with Disabilities aims to ensure that persons with disabilities can create a family by providing adequate supports. The aim of the current investigation was to portray families with parents with intellectual disabilities within Muslim- Arab society in Israel. Method: Qualitative method using semi-structured interviews with nine-teen Muslim Israeli social workers was employed. Thematic analysis was used to identify major themes. Results: Families with parents with intellectual disability are not a rare phenomenon in the Arab society. The common type is of marriage between a man with intellectual disability and a woman without disability. Findings indicated two main motives for the arranged marriage of a man with intellectual disability: the extended family's concerns about his future and their desire for the family continuity. The non-disabled wives' motives for marrying men with intellectual disabilities revolved around their lack of other opportunities to create a family and their desire to leave their parents' household and live independently. Those women were described as partly or fully aware of their husbands' disability prior to the marriage. The family life of those families were described in relation to the fathers' involvement in family life and relation to the wives' high burden and in many cases, acceptance of their life situation. Conclusions: Findings are discussed with respect to religious values on disability, arranged marriage and the status of Muslim women. Services and supports for parents with intellectual disabilities should be developed with respect to the cultural values and norms.

Keywords: Arab society in Israel, intellectual and developmental disability, parents with intellectual disability, social work

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Authors: Naava Dihi, Jon Anson

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Love, so it appears, is not socially blind. We show that partner selection is socially constrained, and the freedom to choose is limited by at least two major factors or capitals: on the one hand, material resources and education, locating the partners on a scale of personal achievement and economic independence. On the other, the partners' ascriptive belonging to particular ethnic, or origin, groups, differentiated by the groups' social prestige, as well as by their culture, history and even physical characteristics. However, the relative importance of achievement and ascriptive factors, as well as the overlap between them, varies from society to society, depending on the society's structure and the factors shaping it. Israeli social structure has been shaped by the waves of new immigrants who arrived over the years. The timing of their arrival, their patterns of physical settlement and their occupational inclusion or exclusion have together created a mosaic of social groups whose principal common feature has been the country of origin from which they arrived. The analysis of marriage patterns helps illuminate the social meanings of the groups and their borders. To the extent that ethnic group membership has meaning for individuals and influences their life choices, the ascriptive factor will gain in importance relative to the achievement factor in their choice of marriage partner. In this research, we examine Jewish Israeli marriage patterns by looking at the marriage choices of 5,041 women aged 15 to 49 who were single at the census in 1983, and who were married at the time of the 1995 census, 12 years later. The database for this study was a file linking respondents from the 1983 and the 1995 censuses. In both cases, 5 percent of household were randomly chosen, so that our sample includes about 4 percent of women in Israel in 1983. We present three basic analyses: (1) Who was still single in 1983, using personal and household data from the 1983 census (binomial model), (2) Who married between 1983 and a1995, using personal and household data from the 1983 census (binomial model), (3) What were the personal characteristics of the womens’ partners in 1995, using data from the 1995 census (loglinear model). We show (i) that material and cultural capital both operate to delay marriage and to increase the probability of remaining single; and (ii) while there is a clear association between ethnic group membership and education, endogamy and homogamy both operate as separate forces which constraint (but do not determine) the choice of marriage partner, and thus both serve to reproduce the current pattern of relationships, as well as identifying patterns of proximity and distance between the different groups.

Keywords: Israel, nuptiality, ascription, achievement

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Authors: Chimey Lhamo, Ngawang Tsering

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Traditional Tibetan medicine, known as Sowa Rigpa (Science of healing), originated more than 2500 years ago with an insightful background, and it has been growing significant attention in many Asian countries like China, India, Bhutan, and Nepal. Particularly, the Indian government has targeted Traditional Tibetan medicine as its major Indian medical system, including Ayurveda. Although Traditional Tibetan medicine has been growing interest and has a long history, it is not easily recognized worldwide because it exists only in the Tibetan language and it is neither accessible nor understood by patent examiners at the international patent office, data about Traditional Tibetan medicine is not yet broadly exist in the Internet. There has also been the exploitation of traditional Tibetan medicine increasing. The Traditional Knowledge Digital Library is a database aiming to prevent the patenting and misappropriation of India’s traditional medicine knowledge by using India’s Traditional knowledge Digital Library on Sowa Rigpa in order to prevent its exploitation at international patent with the help of information technology tools and an innovative classification systems-traditional knowledge resource classification (TKRC). As of date, more than 3000 Sowa Rigpa formulations have been transcribed into a Traditional Knowledge Digital Library database. In this paper, we are presenting India's Traditional Knowledge Digital Library for Traditional Tibetan medicine, and this database system helps to preserve and prevent the exploitation of Sowa Rigpa. Gradually it will be approved and accepted globally.

Keywords: traditional Tibetan medicine, India's traditional knowledge digital library, traditional knowledge resources classification, international patent classification

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Authors: Akolo Ajige

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Before the advent of Christianity in Eggon land, the Eggon people were adherents of Traditional Religion. The religion is traditional because it was the religion that they grew up in it. A religion that was practiced by their fore fathers, and it was handed over to them. Traditional Religion created in the Eggon people the spirit of communalism, brotherhood and the value for humanity. The advent of Christianity in the 19th Century in Eggon land, some of the adherents of Traditional Religion changed their religion affiliation to Christianity and let gone, of the Traditional Religion. There was a need for the adherents of these two religions (i.e. Christianity and ATR) to leave in peace with one another. Even though there means of worship varies; it was obvious that Christianity and Africa Traditional Religion leaved in harmony with one another. The obvious spread of Christianity in Eggon land can attest to the fact that Traditional Religion welcomed Christianity and gave it room to operate without any issue. The inter-play of Christianity and Traditional Religion of Eggon people is seen during the Ashimu festival where Christians come to watch, why during Christmas celebration, the Traditional Religious adherents also visit the Christians to celebrate with them. It is obvious that there an Inter-Play between Christianity and Traditional Religion in Eggon land. The peace enjoy by the people attest to the fact of religious harmony. A historical research method was adopted for this research work.

Keywords: inter-play, traditional religion, christianity, eggon

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Authors: Rorick Daniel Tovar Galvan

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The 1951 Convention relating to the status of refugees contains a conflict of law rule for the determination of the applicable law to marriage. The wording of this provision leaves much to be desired as it uses the domicile and the residence of the spouses as single main and subsidiary connecting factors. In cases where couples live in different countries, the law applicable to the case is unclear. The same problem arises when refugees are married to individuals outside of the convention’s scope of application. Different interpretations of this legal provision have arisen to solve this problem. Courts in a number of European countries apply the so-called modification doctrine: states should apply their domestic private international rules in all cases involving refugees. Courts shall, however, replace the national connecting factor by the domicile or residence in situations where nationality is used to determine the applicable law. The internal conflict of law rule will then be slightly modified in order to be applied according to the convention. However, this approach excludes these people from using their national law if they so desire. As nationality is, in all cases, replaced by domicile or residence as connecting factor, refugees are automatically deprived of the possibility to choose this law in jurisdictions that include the party autonomy in international marriage law. This contribution aims to shed light on the international legal framework applicable to marriages celebrated by refugees and the unnecessary restrictions to the exercise of the party autonomy these individuals are subjected to. The interest is motivated by the increasing number of displaced people, the significant number of states party to the Refugee Convention – approximately 150 – and the fact that more and more countries allow choice of law agreements in marriage law. Based on a study of German, Spanish and Swiss case law, the current practices in Europe, as well as some incoherencies derived from the current interpretation of the convention, will be discussed. The main objective is showing that there is neither an economic nor a legal basis to deny refugees the right to choose the law of their country of origin in those jurisdictions providing for this possibility to other foreigners. Quite the contrary, after analyzing other provisions contained in the conventions, this restriction would mean a contravention of other obligations included in the text.

Keywords: choice of law, conflict of laws, international marriage law, refugees

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Authors: Esther Gumboh

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While the definition of rape has evolved over the years and now differs from one jurisdiction to another, at the heart of the offence remains the absence of consent on the part of the victim. In simple terms, rape consists in non-consensual sexual intercourse. Therefore, the core issue is whether the accused acted with the consent of the victim. Once it is established that the act was consensual, a conviction of rape cannot be secured. Traditionally, rape within marriage was impossible because it was understood that a woman gave irrevocable consent to sex with her husband throughout the duration of the marriage. This position has since changed in most jurisdictions. Indeed, Malawian law now recognises the offence of marital rape. This is a victory for women’s rights and gender equality. Curiously, however, the definition of marital rape endorsed differs from the standard understanding of rape as non-consensual sex. Instead, the law has introduced the concept of unreasonableness of the refusal to engage in sex as a defence to an accused. This is an alarming position that undermines the protection sought to be derived from the criminalisation of rape within marriage. Moreover, in the Malawian context where rape remains an offence only men can commit against women, the current legal framework for marital rape perpetuates the societal misnomer that a married woman gives a once-off consent to sexual intercourse by virtue of marriage. This takes us back to the old common law position which many countries have moved away from. The present definition of marital rape under Malawian law also sits at odd with the nature of rape that is applicable to all other instances of non-consensual sexual intercourse. Consequently, the law fails to protect married women from unwanted sexual relations at the hands of their husbands. This paper critically examines the criminalisation of marital rape in Malawi. It commences with a historical account of the conceptualisation of rape and then looks at judgments that rejected the validity of marital rape. The discussion then moves to the debates that preceded the criminalisation of marital rape in Malawi and how the Law Commission reasoned to finally make a recommendation in its favour. Against this background, the paper analyses the legal framework for marital rape and what this means for the elements of the offence and defences that may be raised by an accused. In the final analysis, this contribution recommends that there is need to amend the definition of marital rape. Better still, the law should simply state that the fact of marriage is not a defence to a charge of rape, or, in other words, that there is no marital rape exemption. This would automatically mean that husbands are subjected to the same criminal law principles as their unmarried counterparts when it comes to non-consensual sexual intercourse with their wives.

Keywords: criminal law, gender, Malawi, marital rape, rape, sexual intercourse

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Authors: Sara Sharifi Yazdi

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The main purpose of this study is to find out about the reasons and the ways of middle-class married women betrayal via their living world. This is qualitative research, so deep semi-structured, episodic interview techniques and observation techniques were used to collect data; meanwhile, the basic theory method was used to analyze the data. The sample in this research includes 34 women with emotional and sexual relationships out of marriage. The results indicate that some set of conditions created the first spark of change in their opinions. These changes are empowered through both experiences of tolerance and exclusion, so strategies such as distance, compulsive tolerance, counteract, etc. have been used for reacting by the people in this study; besides some of the other consequences of betrayal which can be named are lack of comfort, feeling of deprivation, violence, labeling, guilty feelings of grief, and so on.

Keywords: living world, rejection, admission, betrayal, sexual relationship, marriage

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Authors: Maria Luisa T. Uayan

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This study aims to describe the lived experiences of Filipina migrants married to Japanese and to discuss coping strategies that facilitates positive migration events. It utilizes a qualitative study design with focus group discussion which allows clear details on insights and perspectives based on migration process. The grounding of the coping resource triad is the unique finding of this study. It defines coping resource triad as a set of complex factors that relieves Filipina migrants of the stresses associated in migration and cross-cultural marriage. The results of the stress-coping experiences of Filipina migrants in Japan serves as basis for future studies on cross-cultural marriages and other deeper concerns associated with migration as well as in the formulation of relevant programs on acculturation.

Keywords: coping resource triad, migration, Filipina, cross-cultural marriage

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