|
Get (conflict)
Legal responses to agunah are civil legal remedies against a spouse who refuses to cooperate in the process of granting or receiving a Jewish legal divorce or ''"get"''. Agunah For a divorce to be effective under Jewish law, a man must grant his wife a Jewish divorce—a ''get''—of his own free will. Sometimes a Jewish woman can be held in a so-called "limping marriage" when her husband refuses co-operation in the religious form of divorce. She may have received a civil divorce but cannot remarry within her religion, meaning that for all intents and purposes, she may not be able to remarry at all—a phenomenon known as ''agunah''. Where one party has the power to grant or withhold a religious divorce, that power can be used as a bargaining tool to pressure the other party to agree more favourable divorce terms. A parallel problem—sometimes called "male agunah"—can arise when the wife refuses to respond to the husband's attempts to initiate the ''get'' process, such as refusi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Get (divorce Document)
A or ''gett'' (; , plural ) is a document in Jewish religious law which effectuates a divorce between a Jewish couple. The requirements for a ''get'' include that the document be presented by a husband to his wife. The essential part of the ' is a very short declaration: "You are hereby permitted to all men". The effect of the ''get'' is to free the woman from the marriage, and consequently she is free to marry another and that the laws of adultery no longer apply. The ' also returns to the wife the legal rights that a husband held in regard to her. Etymology The biblical term for the divorce document, described in , is "Sefer Keritut", ( he, ספר כריתת). The word may have its origins in the Sumerian word for document, . It appears to have passed from Sumerian into Akkadian as and from there into Mishnaic Hebrew. In fact in the Mishnah, can refer to any legal document although it refers primarily to a divorce document. (Tosefet Beracha to Ki Tisa) A number of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Decree Nisi
A decree nisi or rule nisi () is a court order that will come into force at a future date unless a particular condition is met. Unless the condition is met, the ruling becomes a decree absolute (rule absolute), and is binding. Typically, the condition is that an adversely affected party provide satisfactory evidence or argument that the decree should ''not'' take effect (i.e. the decree takes effect unless the party shows that it should not). For that reason, a decree nisi may also be called a rule, order or decree to show cause. Using the example of a divorce, the wording of such a decree is generally in the form of "that the marriage solemnized on (date) between AB and CD, be dissolved by reason of (grounds) UNLESS sufficient cause be shown to the court why this decree should not be made absolute within six weeks". This allows time for any party who objects to the divorce to come forward with those objections. When no objection is raised by either party, an automatic dissolution ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conflict Of Laws
Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction. This body of law deals with three broad topics: ''jurisdiction'', rules regarding when it is appropriate for a court to hear such a case; ''foreign judgments'', dealing with the rules by which a court in one jurisdiction mandates compliance with a ruling of a court in another jurisdiction; and ''choice of law'', which addresses the question of which substantive laws will be applied in such a case. These issues can arise in any private-law context, but they are especially prevalent in contract law and tort law. Scope and terminology The term ''conflict of laws'' is primarily used in the United States and Canada, though it has also come into use in the United Kingdom. Elsewhere, the term ''private international law'' is commonly used. Some scholars from countries that use ''con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Agunot
An ''agunah'' ( he, עגונה, plural: agunot (); literally "anchored" or "chained") is a Jewish woman who is stuck in her religious marriage as determined by ''halakha'' (Jewish law). The classic case of this is a man who has left on a journey and has not returned, or has gone into battle and is missing in action. It is used as a borrowed term to refer to a woman whose husband refuses, or is unable, to grant her a divorce (which requires a document known as a ''get''). For a divorce to be effective, ''halakha'' requires that a man grant his wife a ''get'' of his own free will. Without a ''get'', no new marriage will be recognized, and any child she might have with another man would be considered a ''mamzer'' (illegitimate). It is sometimes possible for a woman to receive special dispensation from a ''posek'' (''halakhic'' authority), called a ''heter agunah'', based on a complex decision supported by substantial evidence that her husband is presumed dead, but this cannot be app ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Saul Lieberman
Saul Lieberman (Hebrew: שאול ליברמן, May 28, 1898 – March 23, 1983), also known as Rabbi Shaul Lieberman or, among some of his students, The ''Gra"sh'' (''Gaon Rabbeinu Shaul''), was a rabbi and a Talmudic scholar. He served as Professor of Talmud at the Jewish Theological Seminary of America (JTSA) for over 40 years, and for many years was dean of the Harry Fischel Institute in Israel and also president of the American Academy for Jewish Research. Early life Born in Motal, near Pinsk, Russian Empire (now Belarus), he studied at the Orthodox yeshivot of ''Malch,'' Slobodka, and Novardok, where he was ordained at age 18. While studying at the Slobodka yeshiva, he befriended Rabbis Yitzchak Ruderman and Yitzchak Hutner, both of whom would become leaders of great Rabbinical seminaries in America. In the 1920s he attended the Kyiv Gymnasium and University of Kyiv, and, following a short stay in Palestine, continued his studies in France. In 1928, he settled in Jerusal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Law Reform Commission
The South African Law Reform Commission (SALRC) is a law reform commission which investigates the state of South African law and makes proposals for its reform to Parliament and the provincial legislatures. It is an independent advisory statutory body established by the South African Law Reform Commission Act of 1973. It investigates matters appearing on a programme approved by the Minister of Justice and Constitutional Development. The commission is part of the Commonwealth Association of Law Reform Agencies. Members of the Commission The members of the SALRC are appointed by the President and are drawn from the judiciary, legal profession and academic institutions. The current members of the SALRC are: *Judge Narandran Kollapen (Chairperson) *Mr Irvin Lawrence (Vice-Chairperson) *Prof Mpfariseni Budeli-Nemakonde *Prof Karthigasen Govender *Prof Wesahl Domingo *Adv Tshepo Sibeko *Adv HJ de Waal SC *Adv Anthea Platt SC *Adv Hendrina Magaretha Meintjes SC A new Commission is appo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Decree Absolute
A decree nisi or rule nisi () is a court order that will come into force at a future date unless a particular condition is met. Unless the condition is met, the ruling becomes a decree absolute (rule absolute), and is binding. Typically, the condition is that an adversely affected party provide satisfactory evidence or argument that the decree should ''not'' take effect (i.e. the decree takes effect unless the party shows that it should not). For that reason, a decree nisi may also be called a rule, order or decree to show cause. Using the example of a divorce, the wording of such a decree is generally in the form of "that the marriage solemnized on (date) between AB and CD, be dissolved by reason of (grounds) UNLESS sufficient cause be shown to the court why this decree should not be made absolute within six weeks". This allows time for any party who objects to the divorce to come forward with those objections. When no objection is raised by either party, an automatic dissolution ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from cus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Divorce (Religious Marriages) Act 2002
The Divorce (Religious Marriages) Act 2002 is an Act of the Parliament of the United Kingdom. The Act amends the Matrimonial Causes Act 1973 to allow one party to petition a court to not declare their divorce decree absolute until they have received a similar document from a religion's authority. The Act was brought before Parliament by Andrew Dismore MP as a Private Members' Bill under the Ten Minute Rule. The Act applies only to England and Wales. The need for the legislation was demonstrated in the 2000 divorce case of ''O v O''.''O v O (Jurisdiction: Jewish Divorce)'' 0002 FLR 147 Jewish religious law requires the consent of the husband before a wife can receive a religious divorce; without this she cannot remarry under religious law. Some husbands have refused permission for various reasons, including demanding money from the wife, but they have still received a civil divorce and all the advantages this confers, including civil remarriage. Requiring the religious notice to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
England And Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is English law. The devolved Senedd (Welsh Parliament; cy, Senedd Cymru) – previously named the National Assembly of Wales – was created in 1999 by the Parliament of the United Kingdom under the Government of Wales Act 1998 and provides a degree of self-government in Wales. The powers of the Parliament were expanded by the Government of Wales Act 2006, which allows it to pass its own laws, and the Act also formally separated the Welsh Government from the Senedd. There is no equivalent body for England, which is directly governed by the parliament and government of the United Kingdom. History of jurisdiction During the Roman occupation of Britain, the area of present-day England and Wales was administered as a single unit, except f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Annulment
Annulment is a legal procedure within Law, secular and Religious law, religious legal systems for declaring a marriage Void (law), null and void. Unlike divorce, it is usually ex post facto law, retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place (though some jurisdictions provide that the marriage is only void from the date of the annulment; for example, this is the case in section 12 of the Matrimonial Causes Act 1973 in England and Wales). In legal terminology, an annulment makes a void marriage or a voidable marriage null.John L. Esposito (2002), Women in Muslim Family Law, Syracuse University Press, , pp. 33–34 Void vs voidable marriage A difference exists between a ''void marriage'' and a ''voidable marriage''. A void marriage is a marriage that was not legally valid under the laws of the jurisdiction where the marriage occurred, and is void (law), void ''ab initio''. Although the marriage i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jewish Law
''Halakha'' (; he, הֲלָכָה, ), also Romanization of Hebrew, transliterated as ''halacha'', ''halakhah'', and ''halocho'' ( ), is the collective body of Judaism, Jewish religious laws which is derived from the Torah, written and Oral Torah. Halakha is based on biblical commandments (''Mitzvah, mitzvot''), subsequent Talmudic and Mitzvah#Rabbinic mitzvot, rabbinic laws, and the customs and traditions which were compiled in the many books such as the ''Shulchan Aruch''. ''Halakha'' is often translated as "Jewish law", although a more literal translation of it might be "the way to behave" or "the way of walking". The word is derived from the Semitic root, root which means "to behave" (also "to go" or "to walk"). ''Halakha'' not only guides religious practices and beliefs, it also guides numerous aspects of day-to-day life. Historically, in the Jewish diaspora, ''halakha'' served many Jewish communities as an enforceable avenue of law – both Civil law (legal system), civil a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
.jpg "Click for more on -> Get (divorce Document)")
