Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines

In the terms of Divorce – the legal termination of marriage, this has increased immensely since 1971 due to the change in legislation that had liberalized divorce, made it cheaper and easier to obtain. The Divorce Reform Act of 1971 was the most important because prior to 1971, one partner had to provide ‘evidence’ that they had been wronged by the significant other (matrimonial offence). Due to the change of the law, it allowed people to divorce on the basis of “irretrievable breakdown”. In addition, since 1984, the Matrimonial and Family Proceedings Act reduced the time limit for divorce for a minimum of 3 years of marriage to only one year. After this act, the divorce rate shot up again, as it did in 1971. Now, people were finally able to legally to end all connections, as previously when divorce was either too expensive or difficult to obtain, separation was very common, which was when a couple decided to live away from each other.

Marriage has been prescribed as a sacred relationship in the Qur’an in the following ayahs of SurahAn-Nisa.

In Divorce Islamic Style by Amara Lakhous, the readers become exposed to the thoughts of the two protagonists. Through simple language, we are able to relate to both Christian/Issa and Safia/Sofia. Despite their circumstances, the themes of ambition and dreams are rather prominent. However, the dreams/ambitions are only fulfilled through several acts of self-sacrifice. Through the use of a split narrative, Lakhous employs foreshadowing in order to create suspense of the impending romance.

Adultery, desertion, the habit of drinking, insanity, and imprisonment are few of them. By proving the failure of marriage on the basis of any of these grounds can reduce the proceedings of divorce and divorce can be granted soon. Before the enactment of this law, the individual state was responsible for dealing with the divorce issues. The Marriage Act 1961 has previously included no definition of marriage. This act has been amended several times and the definition of marriage was introduced in this act during its amendment in 2004. As per the amendment the basic characteristics of marriage include the union of male and female as a voluntary decision and must be over the ages of 18. The Marriage Act provides the details of marriageable age and states the circumstances in which marriage is considered void. This act has the power to legalise foreign marriage, same-sex marriage, and the birth of a child before the marriage of the couple. It also deals with the offence of

The Code Of Hammurabi is the most notable set of codified laws to date. Written on a tall diorite stele, these laws were the foundation for what we know as contemporary law. These are the three laws that I believe have carried over from circa 1700 BCE to now. The first law states that if a man has taken a wife and has not executed a marriage contract, that woman is not a wife. This law is still very much in effect today. There are certain government documents you need to sign before a marriage takes place, along with religious documents if necessary. (G. C. Colman and Rabbi J. M. Posen, 2016) In the province of Ontario, you need a marriage license along with a marriage certificate, which you receive after you get married by a registered religious

Marriage is an essential contract between a husband and a wife. In the past, marriages were arranged between relatives and the parents of the couple were the main leads in discussing the ceremony.

Shari’ah in Australia is limited to custody, divorce, marriage and inheritance. When referring to Islamic law, it is usually an “extra-judicial institution” (Saeed 2010, p. 224), utilising a meditative mechanism and the Australian law in family affairs. Yet, many Australian believe that shari’ah councils dealing with family issues is the introduction to a greater plan for shari’ah ruling Australia. Conversely, Muslim are demanding for recognitions of their ethical and religious norms in the limited zones of shari’ah. “People who've come here from overseas and people who adhere to a religious tradition like Islam, which has its own law, [are] going to have an attachment to it. You can't simply get off the plane, take off your coat and abandon all your law and culture at the same time. There is sometimes a difficulty in knowing which law to follow.”(Hussain 2008, p.1). However, Shari’ah law is not the only religious law currently operating on Australia soil. Jewish Beth Din court operate in Victoria dealing with conversion, divorce, adoption including commercial matters (Saeed 2010), nonetheless, no notice have been

When getting married contracts are everywhere, so the first thing that is necessary to begin the process is a proposal or an offer. When one proposes to another this individual is demonstrating an offer by giving the recipient a choice to accept or decline. When involving consideration into marriage something of value that is at play for someones hand in marriage is a wedding ring an object that serves as a simble being exchanged for marriage. Then during the process of marriage both vow to take an oath to be by ones side and to never lie or cheat on one another. Thus bringing terms and conditions into the process that both parties can agree or disagree with. When signing your marriage contract you and your significant other are agreeing

The author Scott Drewianka (2008) completed his study in divorce rate and family formation the research tell us about that divorce rates is increasing in far and wide the sector considering of many explanations, the study also concluded that the divorce cost is mainly expanded in 1960s till Eighties and still divorce fee is growing .The predominant of this study is to identify the consequences of divorce regulation and outcomes on family formation and his be taught have examined the influence of divorce law (chiefly unilateral divorce).

Marriage is an important issue in people’s life because it brings couples close relationship and children. There are a lot of benefits of marriage such as longer life expectancy, better sex experience, strong emotional support and close family bond. However, in the United States, the divorce rate becomes higher than the past because of marital conflicts, financial problems, external marital affairs and etc. According to the statistics, new couples in the modern society since 1990s have a 50% chance to get divorced (Stanley et al., 1995). With the more liberal the society become, the moral judgement of marriage is weaker, and divorced people don’t have the concern of being blamed or suppressed anymore. For enhancing the consistent

The Law Commission’s Report has proposed that there should be legislative reform to create nuptial agreements that are in a prescribed form and adhere to certain safeguards, legally binding. A nuptial agreement that meets the criteria is called a ‘qualifying ' nuptial agreement and would allow married couples and civil partners to make an agreement as to how their assets should be divided when they to separate. The court will be prevented from making orders inconsistent with the terms of the qualifying nuptial agreement as long as they meet the parties needs and is in the interest of a child of the family.

Marriage customs concerning how marriages were made, differ from the law. The law says the consent

The Quran tenets encompass various life aspects that include God’s teachings, the way of harmonious living in the community, moral virtues, the regulations on financial matters, and specific obligations among Muslims males and females. In general, the sharia law is an extended platform that provides guidance on family affairs, criminal judgment, political perception, and economic factors. The law thrives on the precepts of religious attributions to God. Since the emergence of sharia law, various Islamic nations have endorsed most or parts of the

In the first part of this essay, we will examine if the current law on divorce should be reformed to allow people to break up without having to blame each other and without a two year wait. We will discuss the current law and assess the advantages and possible disadvantages as to whether the law on divorce should be reformed. Marriage or civil partnerships between two people creates a legal status which legally enforceable rights begin. If a couple wanted to terminate this legal status, they would need a divorce or dissolution (Probert, 2015). The basis on which a divorce can be accepted has progressively relaxed over the years, subsequent to this, the number of divorces has risen (Probert, 2015). Statistics published on December 2012, estimated

The purpose of this paper is to introduce, discuss, and analyze the topic of religion in marriage. Specifically it will discuss whether Islamic marriage is better or worse for women than Christian marriage. After study of these two religions, it becomes quite clear Islamic marriage is much worse for women than Christian marriage. This essay will show that Islamic women are subjugated by their religion and do not enjoy the freedoms or the equality that Christian women enjoy, and perhaps even take for granted.