Muhammad Ali Jinnah: محمد علی جناح) (December 25, 1876 – September 11, 1948), a 20th century politician and statesman, is generally regarded as the founder of Pakistan. He served as leader of The Muslim Lekague and Pakistan's first Governor-General. He is officially known in Pakistan as Quaid-e-Azam k: قائد اعظم — "Great Leader") and Baba-e-Qaum (بابائے قوم) ("Father of the Nation"). His birthday is a national holiday in Pakistan. Jinnah rose to prominence in the Indian National Congress initially expounding ideas of Hindu-Musjlim unity and helping shape the 1916 Lucknow Pact between the Muslim League and the Indian National Congress; he also became a key leader in the All India Home Rule League. He proposed a fourteen-point constitutional reform plan to safeguard the political rights of Muslims in a self-governing India.
Jinnah, advocating the Two-Nation Theory, embraced the goal of creating a separate state for Muslims as per the Lahore Resolution. The League won most reserved Muslim seats in the elections of 1946, and Jinnah launched the Direct Action campaign movement to achieve the formation of Pakistan. As the Indian National Congress and Muslim League failed to reach a power sharing formula for united India, it prompted both the parties and the British to agree to independence of Pakistan and India. As the first Governor-General of Pakistan, Jinnah led efforts to rehabilitate millions of refugees, and to frame national policies on foreign affairs, security and economic development. He died a year after Pakistan's formation in September 1948.
Reported by many companions
Reported by many companions that Ma'iz went before Muhammad in the Mosque and said, "I have committed adultery, please purify me." (In another report, Muhammad asked Ma'iz that the reports he heard about him are correct or not[5]) Muhammad turned his face away from him and said "Woe to you, go back and pray to Allah for forgiveness." But the boy again came in front of Muhammad and repeated his desire for purification. The act was repeated three times, until Abu Bakr, sitting close by, told the Ma'iz to leave, as the fourth repetition of the plea would get him stoned. But the man persisted. Muhammad then turned to him and said "you might have kissed or caressed her or you might have looked at her with lust (and so assumed that you committed Zina)". Ma'iz replied in the negative. Allah's Apostle said "did you lie in bed with her?" Ma'iz replied in the affirmative. He then asked, "did you have sexual intercourse?" Ma'iz replied in the affirmative. Then Muhammad got quite uncomfortable, and asked "Did your male organ disappear in the female part?" Ma'iz replied in the affirmative. He then asked, once more, whether Ma'iz knew what Zina means. Ma'iz replied "yes, I have committed the same act a husband commits with his wife." Muhammad asked if he was married, and he replied "yes". Muhammad asked if he took any wine, and Ma'iz again replied in the negative. Muhammad then sent for an inquiry from the neighbors of Ma'iz, whether or not Ma'iz suffered from insanity. The replies all came in the negative. Muhammad then said, "had you kept it a secret, it would have been better for you." Muhammad then ordered Ma'iz to be stoned to death. During the stoning, Ma'iz cried out, "O people, take me back to the Holy Prophet, the people of my clan deluded me." When this was reported to Muhammad, he replied "Why did you not let him off, he might have repented, and Allah may have accepted it."
punishment for adultery
Some say the punishment for adultery according to the Qur'an is noted in Surah 24 (An-Núr), Verse 2:
“ The man guilty of adultery or fornication,- flog him with a hundred stripes: Let not compassion move you in their case, in a matter prescribed by Allah, if ye believe in Allah and the Last Day: and let a party of the Believers witness his punishment. [edit] HadithThere are many hadith that outline capital punishment as a penalty for adultery, including two of the following:
Imran b. Husain reported that a woman from Juhaina came to Muhammad and she had become pregnant because of adultery. She said: I am pregnant as a result of Zina. Muhammad said: "Go back, and come to me after the birth of the child". After giving birth, the woman came back to Muhammad, saying: "please purify me now". Next, Muhammad said, "Go and suckle your child, and come after the period of suckling is over." She came after the period of weaning and brought a piece of bread with her. She fed the child the piece of bread and said, "Oh Allah's Apostle, the child has been weaned." At that Muhammad pronounced judgment about her and she was stoned to death.
“ The man guilty of adultery or fornication,- flog him with a hundred stripes: Let not compassion move you in their case, in a matter prescribed by Allah, if ye believe in Allah and the Last Day: and let a party of the Believers witness his punishment. [edit] HadithThere are many hadith that outline capital punishment as a penalty for adultery, including two of the following:
Imran b. Husain reported that a woman from Juhaina came to Muhammad and she had become pregnant because of adultery. She said: I am pregnant as a result of Zina. Muhammad said: "Go back, and come to me after the birth of the child". After giving birth, the woman came back to Muhammad, saying: "please purify me now". Next, Muhammad said, "Go and suckle your child, and come after the period of suckling is over." She came after the period of weaning and brought a piece of bread with her. She fed the child the piece of bread and said, "Oh Allah's Apostle, the child has been weaned." At that Muhammad pronounced judgment about her and she was stoned to death.
The Qur'an does not allow extramarital sex.
“ And go not nigh to fornication; surely it is an indecency and an evil way. „ —Qur'an, [Qur'an 17:32]
Moreover, the Qur'an considers extramarital sex as one of the major sins besides polytheism and murder:
“ And they who do not call upon another god with Allah and do not slay the soul, which Allah has forbidden except in the requirements of justice, and (who) do not commit fornication and he who does this shall find a requital of sin. The punishment shall be doubled to him on the day of resurrection, and he shall abide therein in abasement. „ —Qur'an, [Qur'an 25:68]
Moreover, the Qur'an considers extramarital sex as one of the major sins besides polytheism and murder:
“ And they who do not call upon another god with Allah and do not slay the soul, which Allah has forbidden except in the requirements of justice, and (who) do not commit fornication and he who does this shall find a requital of sin. The punishment shall be doubled to him on the day of resurrection, and he shall abide therein in abasement. „ —Qur'an, [Qur'an 25:68]
Zina (Arabic: الزنا )
Zina (Arabic: الزنا ) in Islam is extramarital sex and premarital sex. Islamic law prescribes punishments for Muslim men and women for the act of Zina.
Islamic law considers this prohibition to be for the protection of men and women and for the respect of marriage. Zina is considered one of the greatest sins in Islam[citation needed]. In addition to the punishments rendered before death, sinners are punished severely after death, unless purged of their sins by a punishment according to shari'a law.
Islamic law prescribes stoning as the punishment for adultery committed by a married person, while the punishment for an unmarried adulterer is one hundred lashes or being exiled for 12 months. The source for the punishment of an unmarried adulterer is the Quran, while the sources for the punishment of the married
Islamic law considers this prohibition to be for the protection of men and women and for the respect of marriage. Zina is considered one of the greatest sins in Islam[citation needed]. In addition to the punishments rendered before death, sinners are punished severely after death, unless purged of their sins by a punishment according to shari'a law.
Islamic law prescribes stoning as the punishment for adultery committed by a married person, while the punishment for an unmarried adulterer is one hundred lashes or being exiled for 12 months. The source for the punishment of an unmarried adulterer is the Quran, while the sources for the punishment of the married
Haram zada
The Arabic word haram means something forbidden. It has also been incorporated into Urdu and Persian.
The word zada is a suffix of Persian origin that means "child of"
The compound word haram zada is used in Urdu and Persian and many other languages like Turkish, Uzbek and denotes a person of unknown parentage or a person who is born out of wedlock, i.e. illegitimacy. It is a curse word and may well be met with violence if used to a person.
According to orthodox Islamic teachings, there is no blame on a child for the sins of his parents. Thus the legitimacy or lack thereof of one's birth is irrelevant as far as their status as a Muslim is concerned. [1][2]
Some of the Shia scholars however hold that an illegitimate child is forever prohibited from leading the prayer, likely due to their faith's emphasis on the blood line. However, the majority Sunni tradition vehemently rejects such a notion_____________________________
The word zada is a suffix of Persian origin that means "child of"
The compound word haram zada is used in Urdu and Persian and many other languages like Turkish, Uzbek and denotes a person of unknown parentage or a person who is born out of wedlock, i.e. illegitimacy. It is a curse word and may well be met with violence if used to a person.
According to orthodox Islamic teachings, there is no blame on a child for the sins of his parents. Thus the legitimacy or lack thereof of one's birth is irrelevant as far as their status as a Muslim is concerned. [1][2]
Some of the Shia scholars however hold that an illegitimate child is forever prohibited from leading the prayer, likely due to their faith's emphasis on the blood line. However, the majority Sunni tradition vehemently rejects such a notion_____________________________
Islamic Divorce
A Talaq (Arabic: الطلاق) is the Islamic term for divorce and is used to end a marriage, or Nikāħ (Arabic: النكاح).
The rules for talaq vary among the major Islamic schools of jurisprudence. Most importantly Shia and Sunni Muslims have different rules for performing a talaq. Sunni practice requires no witnesses, and allows a husband to end a relationship by saying the triple talaq. Shi'a scholars view the triple talaq as a jahiliyya ("pagan pre-Islamic") custom, forbidden by Muhammad, but reinstated by Umar ibn al-Khattab, and thus haraam ("forbidden"). Sunni scholars agree to the facts, but deem it halal ("acceptable") anyway. Some Sunnī countries have debated whether the triple talaq can be performed with the help of modern technology such as by text message.[citation needed]
In some Sunni schools of jurispurdence it is possible for a woman to petition a qadi ("judge of Muslim jurisprudence") for a divorce under certain conditions. In a very few circumstances, Shafii qadis will allow a woman a divorce.
The rules for talaq vary among the major Islamic schools of jurisprudence. Most importantly Shia and Sunni Muslims have different rules for performing a talaq. Sunni practice requires no witnesses, and allows a husband to end a relationship by saying the triple talaq. Shi'a scholars view the triple talaq as a jahiliyya ("pagan pre-Islamic") custom, forbidden by Muhammad, but reinstated by Umar ibn al-Khattab, and thus haraam ("forbidden"). Sunni scholars agree to the facts, but deem it halal ("acceptable") anyway. Some Sunnī countries have debated whether the triple talaq can be performed with the help of modern technology such as by text message.[citation needed]
In some Sunni schools of jurispurdence it is possible for a woman to petition a qadi ("judge of Muslim jurisprudence") for a divorce under certain conditions. In a very few circumstances, Shafii qadis will allow a woman a divorce.
Other concerns
Marriage and divorce issuesOften, inter-caste marriages in Pakistan are met with violence against the women in the families involved. Women from low Pakistani Castes who try to get an education are looked down upon and sometimes attacked, the case of Ghazala Shaheen being the most infamous one which prompted international outcry[52].
The average age of women for marriage has increased from 16.9 years in 1951 to 22.5 years in 2005. A majority of women are married to their close relatives, i.e., first and second cousins. Only 37 percent of married women are not related to their spouses before marriage. The divorce rate in Pakistan is extremely low due to the social stigma attached to it
Women who seek a divorce are also often victims of honor killing.One notable example is the high profile case of Samia Sarwar who was murdered in her lawyer's office on April 6, 1999 by a hitman hired by her family. She was seeking a divorce from her estranged, abusive husband, which was deemed as dishonorable by her family.Due to Samia's father being a prominent figure in the community, the police charged Samia's lawyers, Hina Jilani and Asma Jahangir, with "kidnapping" his daughter. Samia's father additionally "demanded that Hina Jilani and Asma Jahangir be dealt in accordance with ‘tribal and Islamic law'" and be arrested for "misleading women in Pakistan and contributing to the country's bad image abroad. Several people belonging to religious organizations issued fatwas [religious edicts] against both female lawyers and promised to pay rewards to anyone who would kill them
The average age of women for marriage has increased from 16.9 years in 1951 to 22.5 years in 2005. A majority of women are married to their close relatives, i.e., first and second cousins. Only 37 percent of married women are not related to their spouses before marriage. The divorce rate in Pakistan is extremely low due to the social stigma attached to it
Women who seek a divorce are also often victims of honor killing.One notable example is the high profile case of Samia Sarwar who was murdered in her lawyer's office on April 6, 1999 by a hitman hired by her family. She was seeking a divorce from her estranged, abusive husband, which was deemed as dishonorable by her family.Due to Samia's father being a prominent figure in the community, the police charged Samia's lawyers, Hina Jilani and Asma Jahangir, with "kidnapping" his daughter. Samia's father additionally "demanded that Hina Jilani and Asma Jahangir be dealt in accordance with ‘tribal and Islamic law'" and be arrested for "misleading women in Pakistan and contributing to the country's bad image abroad. Several people belonging to religious organizations issued fatwas [religious edicts] against both female lawyers and promised to pay rewards to anyone who would kill them
Crimes against women
The violence against women in Pakistan is a major problem. Feminists and women's groups in Pakistan have criticized the Pakistani government and its leaders for whitewashing the persecution of women and trying to suppress information about their plight in the international arena
Skepticism and biased attitudes against women's complaints of violence are common among prosecutors, police officers and medicolegal doctors in PakistanAccording to reports from 1990s, such complaints often face delayed/mishandled processing and inadequate/improper investigations
Sexual violenceRape is one of the most common crimes against women but grossly underreported due to the shame attached to the victim. Many cases of sexual harassment and acid attacks have also been reported in B.B.C News
Skepticism and biased attitudes against women's complaints of violence are common among prosecutors, police officers and medicolegal doctors in PakistanAccording to reports from 1990s, such complaints often face delayed/mishandled processing and inadequate/improper investigations
Sexual violenceRape is one of the most common crimes against women but grossly underreported due to the shame attached to the victim. Many cases of sexual harassment and acid attacks have also been reported in B.B.C News
Pervez Musharraf's regime
In 2000, the Church of Pakistan ordained its first women deaconsIn 2002 (and later during court trials in 2005), the case of Mukhtaran Mai brought the plight of rape victims in Pakistan under an international spotlight. On September 2, 2004, the Ministry of Women Development was made independent ministry, separating from the Social Welfare and Education Ministry.
In July 2006, General Pervez Musharraf asked his Government to begin work on amendments to the controversial 1979 Hudood Ordinances introduced under Zia-ul-Haq's regime. He asked the Law Ministry and the Council of Islamic Ideology (under Ministry of Religious Affairs) to build a consensus for the amendments to the laws. On July 7, 2006 General Musharaff signed an ordinance for the immediate release on bail of around 1300 women who are currently languishing in jails on charges other than terrorism and murderIn late 2006, the Pakistani parliament passed the Women's Protection Bill, repealing some of the Hudood Ordinances. The bill allowed for DNA and other scientific evidence to be used in prosecuting rape cases The passing of the Bill and the consequent signing of it into law by President General Pervez Musharraf invoked protests from hard-line Islamist leaders and organisations. Some experts also stated that the reforms will be impossible to enforce
The Cabinet has approved reservation of 10% quota for women in Central Superior Services in its meeting held on 12 July 2006
Earlier, there was a 10% quota for women across the board in all Government departments. In December 2006, Prime Minister Shaukat Aziz approved the proposal by Ministry of Women Development, to extend this quota to 10%.
In July 2006, General Pervez Musharraf asked his Government to begin work on amendments to the controversial 1979 Hudood Ordinances introduced under Zia-ul-Haq's regime. He asked the Law Ministry and the Council of Islamic Ideology (under Ministry of Religious Affairs) to build a consensus for the amendments to the laws. On July 7, 2006 General Musharaff signed an ordinance for the immediate release on bail of around 1300 women who are currently languishing in jails on charges other than terrorism and murderIn late 2006, the Pakistani parliament passed the Women's Protection Bill, repealing some of the Hudood Ordinances. The bill allowed for DNA and other scientific evidence to be used in prosecuting rape cases The passing of the Bill and the consequent signing of it into law by President General Pervez Musharraf invoked protests from hard-line Islamist leaders and organisations. Some experts also stated that the reforms will be impossible to enforce
The Cabinet has approved reservation of 10% quota for women in Central Superior Services in its meeting held on 12 July 2006
Earlier, there was a 10% quota for women across the board in all Government departments. In December 2006, Prime Minister Shaukat Aziz approved the proposal by Ministry of Women Development, to extend this quota to 10%.
Nawaz Sharif Government
In 1997, Nawaz Sharif, a political protégé of Zia-ul-Haq, was elected as the Prime Minister. He had also held office for a truncated term (1990-1993), during which he had promised to adopt Islamic law as the supreme law of Pakistan.
In 1997, the Nawaz Sharif government formally enacted the Qisas and Diyat Ordinance, which institutes shariah-based changes in Pakistan's criminal law. The ordinance had earlier been kept in force by invoking the president's power to re-issue it every four months
Sharif then proposed a fifteenth amendment to the Constitution that would entirely replace the existing legal system with a comprehensive Islamic one and would override the "constitution and any law or judgment of any court."[20]. The proposal was approved in the National Assembly (lower house), where Sharif's party has a commanding majority, but, it remained stalled in the Senate after facing strong opposition from women's groups, human rights activists, and opposition political parties
A 1997 ruling by the Lahore High Court, in the highly publicized Saima Waheed case, upheld a woman's right to marry freely but called for amendments to the family laws, on the basis of Islamic norms, to enforce parental authority to discourage "love marriages"The report of the Inquiry of the Commission for Women (1997) clearly stated that the Hudood legislation must be repealed as it discriminates against women and is in conflict with their fundamental rights. A similar commission during Benazir Bhutto's regime had als recommended amending certain aspects of Hudood ordinance. However, neither Benazir Bhutto nor Nawaz Sharif implemented these recommendations.
The enhancement of women's status was stated as one of the 16 goals listed in the Pakistan 2010 Program (1997), a critical policy document. However, the document omits women while listing 21 major areas of interests. Similarly, another major policy document, the "Human Development and Poverty Reduction Strategy" (1999), mentioned women as a target group for poverty reduction but lacks gender framework.
The country's first all-women university, named after Fatima Jinnah, was inaugurated on 6 August 1998. It suffered from delays in the release of development funds from the Federal Government
In 1997, the Nawaz Sharif government formally enacted the Qisas and Diyat Ordinance, which institutes shariah-based changes in Pakistan's criminal law. The ordinance had earlier been kept in force by invoking the president's power to re-issue it every four months
Sharif then proposed a fifteenth amendment to the Constitution that would entirely replace the existing legal system with a comprehensive Islamic one and would override the "constitution and any law or judgment of any court."[20]. The proposal was approved in the National Assembly (lower house), where Sharif's party has a commanding majority, but, it remained stalled in the Senate after facing strong opposition from women's groups, human rights activists, and opposition political parties
A 1997 ruling by the Lahore High Court, in the highly publicized Saima Waheed case, upheld a woman's right to marry freely but called for amendments to the family laws, on the basis of Islamic norms, to enforce parental authority to discourage "love marriages"The report of the Inquiry of the Commission for Women (1997) clearly stated that the Hudood legislation must be repealed as it discriminates against women and is in conflict with their fundamental rights. A similar commission during Benazir Bhutto's regime had als recommended amending certain aspects of Hudood ordinance. However, neither Benazir Bhutto nor Nawaz Sharif implemented these recommendations.
The enhancement of women's status was stated as one of the 16 goals listed in the Pakistan 2010 Program (1997), a critical policy document. However, the document omits women while listing 21 major areas of interests. Similarly, another major policy document, the "Human Development and Poverty Reduction Strategy" (1999), mentioned women as a target group for poverty reduction but lacks gender framework.
The country's first all-women university, named after Fatima Jinnah, was inaugurated on 6 August 1998. It suffered from delays in the release of development funds from the Federal Government
The First Women Bank Ltd
The First Women Bank Ltd. (FWBL) was established in 1989 to address women's financial needs. FWBL, a nationalized commercial bank, was given the role of a development finance institution, as well as of a social welfare organization. It operates 38 branches across the country, managed and run by women. MWD provided a credit line of Rs48 million to FWBL to finance small-scale credit schemes for disadvantaged women. The Social Action Program launched in 1992/93 aimed at reducing gender disparities by improving women's access to social services.
Benazir Bhutto Government
Ministry of Women's Development (MWD) established Women's Studies centers at five universities in Islamabad, Karachi, Quetta, Peshawar, and Lahore in 1989. However, four of these centers became almost non-functional due to lack of financial and administrative support[1]. Only the center at University of Karachi (funded by the Canadian International Development Agency) was able to run a master of arts program.
The democratic regime of Zulfiqar Ali Bhutto (1970–1977) was a period of liberal attitudes towards women. All government services were opened to women
The democratic regime of Zulfiqar Ali Bhutto (1970–1977) was a period of liberal attitudes towards women. All government services were opened to women including the district management group and the foreign service (in the civil service), which had been denied to them earlier. About 10 percent of the seats in the National Assembly and 5 percent in the provincial assemblies were reserved for women. However, the implementation of these policies was poor as the Government faced a financial crisis due to the war with India and consequent split of the country.
Gender equality was specifically guaranteed in the Constitution of Pakistan adopted in 1973. The constitution stipulates that "there shall be no discrimination on the basis of sex alone." The Constitution additionally affords the protection of marriage, family, the mother and the child as well as ensuring "full participation of women in all spheres of national life.". However, many judges upheld the "laws of Islam", often misinterpreted, over the Constitution’s guarantee of non-discrimination and equality under the law.
In 1975, an official delegation from Pakistan participated in the First World Conference on Women in Mexico, which led to the constitution of the first Pakistan Women's Rights Committee.
Gender equality was specifically guaranteed in the Constitution of Pakistan adopted in 1973. The constitution stipulates that "there shall be no discrimination on the basis of sex alone." The Constitution additionally affords the protection of marriage, family, the mother and the child as well as ensuring "full participation of women in all spheres of national life.". However, many judges upheld the "laws of Islam", often misinterpreted, over the Constitution’s guarantee of non-discrimination and equality under the law.
In 1975, an official delegation from Pakistan participated in the First World Conference on Women in Mexico, which led to the constitution of the first Pakistan Women's Rights Committee.
Zulfiqar Ali Bhutto Government
The democratic regime of Zulfiqar Ali Bhutto (1970–1977) was a period of liberal attitudes towards women. All government services were opened to women including the district management group and the foreign service (in the civil service), which had been denied to them earlier. About 10 percent of the seats in the National Assembly and 5 percent in the provincial assemblies were reserved for women. However, the implementation of these policies was poor as the Government faced a financial crisis due to the war with India and consequent split of the country
Gender equality was specifically guaranteed in the Constitution of Pakistan adopted in 1973. The constitution stipulates that "there shall be no discrimination on the basis of sex alone." The Constitution additionally affords the protection of marriage, family, the mother and the child as well as ensuring "full participation of women in all spheres of national life.However, many judges upheld the "laws of Islam", often misinterpreted, over the Constitution’s guarantee of non-discrimination and equality under the law.
In 1975, an official delegation from Pakistan participated in the First World Conference on Women in Mexico, which led to the constitution of the first Pakistan Women's Rights Committee.
Gender equality was specifically guaranteed in the Constitution of Pakistan adopted in 1973. The constitution stipulates that "there shall be no discrimination on the basis of sex alone." The Constitution additionally affords the protection of marriage, family, the mother and the child as well as ensuring "full participation of women in all spheres of national life.However, many judges upheld the "laws of Islam", often misinterpreted, over the Constitution’s guarantee of non-discrimination and equality under the law.
In 1975, an official delegation from Pakistan participated in the First World Conference on Women in Mexico, which led to the constitution of the first Pakistan Women's Rights Committee.
cultural works Comics
Historically, in the 19th century, feminist-sympathetic movements within the South Asian Muslim community tried to counter social evils against Muslim women through the custom of purdah (where women were forcibly isolated from social contact, primarily with men). Other Muslim reformers such as Syed Ahmad Khan tried to bring education to women, limit polygamy, and empower women in other ways through education. The founder of Pakistan, Muhammad Ali Jinnah was known to have a positive attitude towards womenAfter the formation of Pakistan, women's groups and feminist organizations started by prominet leaders like Fatima Jinnah to form that worked to eliminate social injustices against women in Pakistan.
The Pakistani women were granted the suffrage in 1947and they gained the rights to vote in national elections in 1956.The provision of reservation of seats for women in the Parliament existed throughout the constitutional history of Pakistan from 1956 to 1973.
The Pakistani women were granted the suffrage in 1947and they gained the rights to vote in national elections in 1956.The provision of reservation of seats for women in the Parliament existed throughout the constitutional history of Pakistan from 1956 to 1973.
Women in Pakistan
The status of women in Pakistan varies considerably across classes, regions, and the rural/urban divide due to uneven socioeconomic development and the impact of tribal, feudal, and capitalist social formations on women's lives. The Pakistani women of today enjoy a better status than most Muslim and Middle Eastern women. However, on an average, the women's situation vis-à-vis men is one of systemic subordination[1], although there have been attempts by the government and enlightened groups to elevate the status of women in Pakistani society
Divorce or dissolution of marriage
Divorce or dissolution of marriage is the final termination of a marriage, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between two persons. In most countries, divorce requires the sanction of a judge or other authority in a legal process to complete a divorce.
In western countries, a divorce does not declare a marriage null and void, as in an annulment, but divorce cancels the marital status of the parties. Where monogamy is law, this allows each to marry another. Where polygamy is legal, this allows the woman to marry another.
Divorce laws vary considerably around the world. Divorce is not permitted in some countries, such as in Malta and in the Philippines, though an annulment is permitted.
The legal process for divorce may also involve issues of spousal support, child custody, child support, distribution of property and division of debt, though these matters are usually only ancillary or consequential to the dissolution of the marriage.
In western countries, a divorce does not declare a marriage null and void, as in an annulment, but divorce cancels the marital status of the parties. Where monogamy is law, this allows each to marry another. Where polygamy is legal, this allows the woman to marry another.
Divorce laws vary considerably around the world. Divorce is not permitted in some countries, such as in Malta and in the Philippines, though an annulment is permitted.
The legal process for divorce may also involve issues of spousal support, child custody, child support, distribution of property and division of debt, though these matters are usually only ancillary or consequential to the dissolution of the marriage.
Unsuitability for Certain Matters
Collaborative divorce may not be a viable option in certain situations. If there is active domestic violence, drug or alcohol addiction, serious untreated mental illness, or an intention to hurt the other party emotionally or financially, traditional litigation or arbitration may be more appropriate. Some states are even considering passing laws that make it mandatory for attorneys to screen clients for domestic violence before recommending Collaborative divorce to them.
Statutes and Laws on Collaborative Law (USA)
In the United States, at least three states have statutes on collaborative divorce (California, North Carolina, and Texas.) Additionally, at least one state has a statewide rule on collaborative divorce. A number of other jurisdictions have local court rules on collaborative law. The National Conference of Commissioners on Uniform State Laws is developing a Uniform Collaborative Law Act. At least six states and the American Bar Association have issued ethics opinions approving of collaborative law as a dispute resolution method. The Colorado State Bar Association has, however, raised some ethical issues with the practice on the grounds that the nature of the Participation Agreement could give the impression that council has a legal or ethical obligation to both parties rather than just their client.
Team Approach
Collaborative Family Law makes use of a team approach to help the couple make fully-informed, carefully considered, settlement decisions. When appropriate, the group brings in outside consultants to help resolve the conflict. Typically, this will include, a collaboratively-trained financial specialist. Financial specialists help by efficiently and thoroughly providing a financial analysis of assets, debts, and budgets for the couple, to allow the couple to do informed future planning. Some of the ways a financial expert helps are to model alternatives for dividing the assets or retirement funds, flagging possible tax implications, and help explore possibilities to ensure financial security for the parties. A financial specialist may also help educate a party who needs more education on finances, and who may need extra support to learn the necessary information in order to make decisions that meet that person's needs. Other financial experts may be hired, for example to value a couple's business.
Where the couple has minor children, a mental health professional (generally a child or family therapist ) may be brought in as "child specialist" to educate the parents as to the developmental needs of children, and to explore ideas for parenting plans/schedules. A divorce coach (typically also a mental health professional) can also be important in a case without children. Divorce is an emotional process and having a coach can help clients more efficiently reach resolutions, and can help attorneys better facilitate. Collaborative Family Lawyers are trained to deal with legal issues, but they may not be trained to deal with the emotional aspects of divorce.
Where the couple has minor children, a mental health professional (generally a child or family therapist ) may be brought in as "child specialist" to educate the parents as to the developmental needs of children, and to explore ideas for parenting plans/schedules. A divorce coach (typically also a mental health professional) can also be important in a case without children. Divorce is an emotional process and having a coach can help clients more efficiently reach resolutions, and can help attorneys better facilitate. Collaborative Family Lawyers are trained to deal with legal issues, but they may not be trained to deal with the emotional aspects of divorce.
Participation Agreement
The key document in a collaborative case is the Participation Agreement. It is a contract signed by the participants, which sets forth the rules for the process. The parties and lawyers agree that:
- The lawyers will not litigate the case. If the process fails, and litigation is the only recourse, the original lawyers must withdraw and the parties must retain new lawyers (the "disqualification" provision
- Neither party will take advantage of mistakes by the other side;
- The parties will freely disclose all pertinent information and will not hide any material facts;
- What is said in the settlement meetings remains confidential;
- All experts will be neutral, and hired jointly by both parties and their children; and
- Everyone will behave courteously and in good faith.
Overview and History
Collaborative Law (also called Collaborative Practice, Collaborative Divorce, and Collaborative Family Law) was originally a family law procedure in which the two parties agreed that they would not go to court, or threaten to do so.
This approach to conflict resolution was created in 1990 by a Minnesota family lawyer named Stu Webb, who saw that traditional litigation was not always helpful to parties and their families, and often was damaging. Since 1990, the collaborative law movement has spread rapidly to most of the United States, Europe, Canada and Australia. Per the International Academy of Collaborative Professionals more than 10,000 lawyers have been trained in collaborative law in the United States, with collaborative practitioners in at least 46 states. In some localities, collaborative law has become the predominant method for resolving divorce, co-habitation and other family disputes. More than 1,250 lawyers have completed their training in England where collaborative law was launched in 2005.
In a collaborative case, the parties strive to reach a fair settlement through a series of meetings, sometimes called joint sessions, between the two parties and their lawyers, and sometimes other neutral experts. The primary focus of the four-way meetings or joint sessions is to identify the priorities, goals, needs and interests of the parties, and help them progress towards and create a settlement that is consistent with their priorities, goals, needs, and interests. The parties make their own decisions based on their own standards. Some have critiqued this aspect of collaborative law (and mediation), believing that court processes are better suited towards protecting rights than voluntary dispute resolution processes. However, most lawyers involved in the divorce process agree that the parties can often make better decisions about their children and their families than a judge.
There is a parallel between Collaborative Family Law and mediation, in that both are facilitative processes. However, In Collaborative Law the parties agree from the beginning of the dispute not to go to court. Mediation is often ordered during the course of the litigation process. Further, in Collaborative Law, the parties are fully informed about the law and the consequences of various options, and their advocates facilitate the negotiations. In mediation, the mediator is a neutral third party who doesn't represent or advise either side
This approach to conflict resolution was created in 1990 by a Minnesota family lawyer named Stu Webb, who saw that traditional litigation was not always helpful to parties and their families, and often was damaging. Since 1990, the collaborative law movement has spread rapidly to most of the United States, Europe, Canada and Australia. Per the International Academy of Collaborative Professionals more than 10,000 lawyers have been trained in collaborative law in the United States, with collaborative practitioners in at least 46 states. In some localities, collaborative law has become the predominant method for resolving divorce, co-habitation and other family disputes. More than 1,250 lawyers have completed their training in England where collaborative law was launched in 2005.
In a collaborative case, the parties strive to reach a fair settlement through a series of meetings, sometimes called joint sessions, between the two parties and their lawyers, and sometimes other neutral experts. The primary focus of the four-way meetings or joint sessions is to identify the priorities, goals, needs and interests of the parties, and help them progress towards and create a settlement that is consistent with their priorities, goals, needs, and interests. The parties make their own decisions based on their own standards. Some have critiqued this aspect of collaborative law (and mediation), believing that court processes are better suited towards protecting rights than voluntary dispute resolution processes. However, most lawyers involved in the divorce process agree that the parties can often make better decisions about their children and their families than a judge.
There is a parallel between Collaborative Family Law and mediation, in that both are facilitative processes. However, In Collaborative Law the parties agree from the beginning of the dispute not to go to court. Mediation is often ordered during the course of the litigation process. Further, in Collaborative Law, the parties are fully informed about the law and the consequences of various options, and their advocates facilitate the negotiations. In mediation, the mediator is a neutral third party who doesn't represent or advise either side
Mediated divorce
Divorce mediation is an alternative to traditional divorce litigation. In a divorce mediation session, a mediator facilitates the discussion between the husband and wife by assisting with communication and providing information and suggestions to help resolve differences. At the end of the mediation process, the separating parties have typically developed a tailored divorce agreement that can be submitted to the court. Mediation sessions can include the party's attorneys or a neutral attorney or an attorney-mediator who can inform both parties of their legal rights, but does not provide advice to either, or can be conducted without attorneys. Divorce mediators may be attorneys who have experience in divorce cases. Divorce mediation can be significantly less expensive than litigation. The adherence rate to mediated agreements is much higher than that of adherence to court orders.
Uncontested divorce
Collaborative divorce is becoming a popular method for divorcing couples to come to agreement on divorce issues. In a collaborative divorce, the parties negotiate an agreed resolution with the assistance of attorneys who are trained in the collaborative divorce process and in mediation, and often with the assistance of a neutral financial specialist and/or divorce coach(es). The parties are empowered to make their own decisions based on their own needs and interests, but with complete information and full professional support. Once the collaborative divorce starts, the lawyers are disqualified from representing the parties in a contested legal proceeding, should the collaborative law process end prematurely. Most attorneys who practice collaborative divorce claim that it can be substantially less expensive than other divorce methods (regular divorce or mediation). However, should the parties not reach any agreements, any documents or information exchanged during the collaborative process cannot later be used in further legal proceedings, as the collaborative process is confidential proceedings. Furthermore, there are no set enforceable time lines for completion of a divorce using collaborative divorce.
Key factors:
Short marriage (less than 5 years) No children (or, in some states, they have resolved custody and set child support payments) Minimal or no real property (no mortgage) Marital property is under a threshold (around $35,000 not including vehicles) Each spouse's personal property is under a threshold (typically the same as marital property)
Summary divorce
A summary (or simple) divorce, available in some jurisdictions, is used when spouses meet certain eligibility requirements, or can agree on key issues beforehand.
At-fault divorce
Prior to 1975, countries which permitted divorces also required proof by one party that the other party had committed an act incompatible to the marriage. This was termed "grounds" for divorce (popularly called "fault") and was the only way to terminate a marriage. Most jurisdictions around the world still require such proof of fault. In the United States, only New York state still requires fault for a divorce.
Fault-based divorces can be contested and may involve allegations of collusion of the parties, or condonation, connivance, or provocation by the other party. Contested fault divorces can be expensive, and not usually practical as eventually most divorces are granted. Comparative rectitude is a doctrine used to determine which spouse is more at fault when both spouses are guilty of breaches.
Fault-based divorces can be contested and may involve allegations of collusion of the parties, or condonation, connivance, or provocation by the other party. Contested fault divorces can be expensive, and not usually practical as eventually most divorces are granted. Comparative rectitude is a doctrine used to determine which spouse is more at fault when both spouses are guilty of breaches.
No-fault divorce
Under a no-fault divorce system, the dissolution of a marriage does not require an allegation or proof of fault of either party.
No-fault divorce has been in operation in Australia since 1975. In Australia the only ground for divorce is separation (or "deemed separation") for 12 months. The application can be made by either party or by both parties jointlyThe same holds true for Canada and Germany
Forty-nine states of the United States have adopted no-fault divorce laws, with grounds for divorce including incompatibility, irreconcilable differences, and irremediable breakdown of the marriage
In the United Kingdom, to obtain a no-fault divorce the parties must have been separated for 2 years if both parties agree, and 5 years if one party does not agree
No-fault divorce has been in operation in Australia since 1975. In Australia the only ground for divorce is separation (or "deemed separation") for 12 months. The application can be made by either party or by both parties jointlyThe same holds true for Canada and Germany
Forty-nine states of the United States have adopted no-fault divorce laws, with grounds for divorce including incompatibility, irreconcilable differences, and irremediable breakdown of the marriage
In the United Kingdom, to obtain a no-fault divorce the parties must have been separated for 2 years if both parties agree, and 5 years if one party does not agree
Types of divorce
Though divorce laws vary between jurisdiction, there are two basic approaches to divorce: fault based and no-fault based. However, even in some jurisdictions that do not require a party to claim fault of their partner, a court may still take into account the behavior of the parties when dividing property, debts, evaluating custody, and support.
Laws vary as to the waiting period before a divorce is effective. Also, residency requirements vary. However, issues of division of property are typically determined by the law of the jurisdiction in which the property is located.
Laws vary as to the waiting period before a divorce is effective. Also, residency requirements vary. However, issues of division of property are typically determined by the law of the jurisdiction in which the property is located.
what is divorce
Muslim societies
In the Muslim world, legislation concerning divorce varies from country to country. Different Muslim scholars can have slightly differing interpretations of divorce in Islam, (e.g. concerning is allowed in Muslim societies, although normally only with the consent of the husband. A wife seeking divorce is normally required to give one of several specific justifications (see below).
If the man seeks divorce or was divorced, he has to cover the expenses of his ex-wife feeding his child and expenses of the child until the child is two years old (that is if the child is under two years old). The child is still the child of the couple despite the divorce.
If it is the wife who seeks divorce, she must go to a court. She must provide evidence of ill treatment, inability to sustain her financially, sexual impotence on the part of the husband, her dislike of his looks, etc. The husband may be given time to fix the problem, but if he fails, the appointed judge will divorce the couple if the couple still wish to be divorced
In the Muslim world, legislation concerning divorce varies from country to country. Different Muslim scholars can have slightly differing interpretations of divorce in Islam, (e.g. concerning is allowed in Muslim societies, although normally only with the consent of the husband. A wife seeking divorce is normally required to give one of several specific justifications (see below).
If the man seeks divorce or was divorced, he has to cover the expenses of his ex-wife feeding his child and expenses of the child until the child is two years old (that is if the child is under two years old). The child is still the child of the couple despite the divorce.
If it is the wife who seeks divorce, she must go to a court. She must provide evidence of ill treatment, inability to sustain her financially, sexual impotence on the part of the husband, her dislike of his looks, etc. The husband may be given time to fix the problem, but if he fails, the appointed judge will divorce the couple if the couple still wish to be divorced
Power of attorney in finance
In financial situations wherein a principal requests a securities broker to perform extensive investment functions on the principal's behalf, independent of the principal's advice, power of attorney must be formally granted to the broker to trade in the principal's account. This rule also applies to principals who instruct their brokers to perform certain specific trades and principals who trust their brokers to perform certain trades in the principal's best interest.
Types of powers of attorney
- A power of attorney may be special or limited to one specified act or type of act, or it may be general, and whatever it defines as its scope is what a court will enforce as being its scope. (It may also be limited as to time.) Under the common law, a power of attorney becomes ineffective if its grantor dies or becomes "incapacitated," meaning unable to grant such a power, because of physical injury or mental illness, for example, unless the grantor (or principal) specifies that the power of attorney will continue to be effective even if the grantor becomes incapacitated (but any such power ends when the grantor dies). This type of power of attorney is called a durable power of attorney.
In some jurisdictions, a durable power of attorney can also be a "Health Care Power of Attorney", an advance directive which empowers the attorney-in-fact (proxy) to make health-care decisions for the grantor, up to and including terminating care and "pulling the plug" on machines keeping a critically and terminally ill patient alive. Health care decisions include the power to consent, refuse consent or withdraw consent to any type of medical care, treatment, service or procedure.[2] A living will is a written statement of a person's health care and medical wishes but does not appoint another person to make health care decisions. [3] New York State has enacted a Health Care Proxy law that requires a separate document be prepared appointing one as your health care agent.
People with mental illness may prepare Psychiatric Advance Directives (PADs in some U.S. states) or Ulysses contracts as they are called in Canada. Ulysses contracts are powers of attorney that enable a patient to dictate preferences for care before becoming incapacitated by recurring mental illness. Although they are not used very often, there is speculation in some of the academic literature as to whether or not these advance directives are empowering for people with mental illness (Journal of Ethics in Mental Health 2006-1). - In some U.S. states and other jurisdictions it is possible to grant a springing power of attorney; i.e., a power that only takes effect after the incapacity of the grantor or some other definite future act or circumstance. After such incapacitation the power is identical to a durable power, but cannot be invoked before the incapacity. This may be used to allow a spouse or family member to manage the grantor's affairs in case illness or injury makes the grantor unable to act, without the power of an attorney-in-fact before the incapacity occurs. If a springing power is used, care should be given to specify exactly how and when the power springs into effect. As the result of privacy legislation in the U.S., medical doctors will often not reveal information relating to capacity of the principal unless the power of attorney specifically authorizes them to do so.
- Determining whether or not the principal is "disabled" enough for the power of attorney to "spring" into action is a formal process. Springing powers of attorney are not automatic, and institutions may refuse to work with the attorney-in-fact. Disputes are then resolved in court, which is of course a costly, and usually unwanted, procedure.
Unless the power of attorney has been made irrevocable (by its own terms or by some legal principle), the grantor may revoke the power of attorney by telling the attorney-in-fact it is revoked; however, if the principal does not inform third parties and it is reasonable for the third parties to rely upon the power of attorney being in force, the principal may still be bound by the acts of the agent, though the agent may also be liable for such unauthorized acts. - Many standardized forms are available for various kinds of powers of attorney, and many organizations provide them for their clients, customers, patients, employees, or members. In some states statutory power of attorney forms are available. Some individuals have used powers of attorney to unscrupulously waste or steal the assets of vulnerable individuals such as the elderly
Oral and written powers of attorney
A power of attorney may be oral and whether witnessed or not, will hold up in court, same as if it were in writing. For some purposes, the law requires a power of attorney to be in writing. Many institutions, such as hospitals, banks and, in the United States, the Internal Revenue Service, require a power of attorney to be in writing before they will honor it, and they will usually keep an original copy for their records. In some countries and situations, an Electronic Power of Attorney can also be considered valid.
Attorney-in-fact
The term attorney-in-fact is commonly used in the United States, to make a distinction from the term Attorney at law. An attorney-at-law in the United States is a lawyer—someone licensed to practice law in a particular jurisdiction.
In most other common law jurisdictions, lawyers are not called attorneys. In those jurisdictions the term "attorney" is used instead of "attorney-in-fact".
As an agent, an attorney-in-fact is a fiduciary for the principal, so the law requires an attorney-in-fact to be completely honest with and loyal to the principal in their dealings with each other. If the attorney-in-fact is being paid to act for the principal, the contract is usually separate from the power of attorney itself, so if that contract is in writing, it is a separate document, kept private between them, whereas the power of attorney is intended to be shown to various other people.
In the context of the unincorporated reciprocal inter-insurance exchange the attorney-in-fact is a stakeholder/trustee who takes custody of the subscriber funds placed on deposit with him, and then uses those funds to pay insurance claims. When all the claims are paid, the attorney-in-fact then returns the leftover funds to the subscribers.
In most other common law jurisdictions, lawyers are not called attorneys. In those jurisdictions the term "attorney" is used instead of "attorney-in-fact".
As an agent, an attorney-in-fact is a fiduciary for the principal, so the law requires an attorney-in-fact to be completely honest with and loyal to the principal in their dealings with each other. If the attorney-in-fact is being paid to act for the principal, the contract is usually separate from the power of attorney itself, so if that contract is in writing, it is a separate document, kept private between them, whereas the power of attorney is intended to be shown to various other people.
In the context of the unincorporated reciprocal inter-insurance exchange the attorney-in-fact is a stakeholder/trustee who takes custody of the subscriber funds placed on deposit with him, and then uses those funds to pay insurance claims. When all the claims are paid, the attorney-in-fact then returns the leftover funds to the subscribers.
Power of attorney (POA)
power of attorney POA) or letter of attorney in common law systems or mandate in civil law systems is an authorization to act on someone else's behalf in a legal or business matter. The person authorizing the other to act is the principal, granter or donor (of the power), and the one authorized to act is the agent, the attorney-in-fact[1], or in many Common Law jurisdictions, simply the attorney.
Attorney's Office
The Office of the Jefferson County Prosecuting Attorney employs 15 Assistant Prosecuting Attorneys and has a support staff of 30. We prosecute only those crimes that violate State law, not local ordinances. We exercise exclusive jurisdiction over all felony crimes committed in Jefferson County and those misdemeanor offenses which occur in the unincorporated areas of the county. Each city or town in this County has its own municipal court to prosecute violations of their local ordinances. In addition, Jefferson County has a municipal court to prosecute County violations and violations of County Ordinances. The types of crime prosecuted by this office include but are not limited to; alcohol related offenses, traffic offenses, domestic violence, drug offenses, forgery and fraud, burglary and stealing, white collar crime, criminal non-support, arson, child physical and sexual abuse, sexual assault, and homicides
Attorney Introduction
Some states require that you have a real estate attorney to handle the purchase or refinancing of your home, while other states do not. Check with your local Realtor or Mortgage Broker to find out if it is required in your state. We do suggest that an attorney should always be available for any major transaction in your life.
We do not recommend any specific attorney for your transaction. This decision is either required by the state in which the property you are purchasing is located or made by you to understand the contractual legality of what you are signing. Ultimately if you have an option, it is entirely your decision if you wish to retain one. We do suggest that an attorney should always be consulted for any major transactions not just purchasing a home.
We do not recommend any specific attorney for your transaction. This decision is either required by the state in which the property you are purchasing is located or made by you to understand the contractual legality of what you are signing. Ultimately if you have an option, it is entirely your decision if you wish to retain one. We do suggest that an attorney should always be consulted for any major transactions not just purchasing a home.
How to Get Speaking Engagements: Tips for Attorneys
You know the conferences where the movers and shakers in your industry meet to stay abreast of current events in the legal industry. Getting a seat on the podium will strengthen your position as a leading attorney in your field. It is never too early to start your quest for speaking engagements. Major annual events book their speakers a minimum of 6 to 12 months in advance. The sooner you get named as a speaker, the more publicity you will generate through advance promotion.
By Legal Expert Connections, Inc.
By Legal Expert Connections, Inc.
Cooperative Divorce
When more complicated issues are involved, a do-it-yourself divorce is still possible, but it is definitely more difficult. The spouses have to be able to negotiate and work out all the issues that might be disputed, such as child custody and support, visitation, spousal support, and property and debt division.
When There Are No Disputes
When a marriage has been short, without children, and when there is no property or debt to be divided, a do-it-yourself divorce is an excellent choice. Some state courts have special procedures for this kind of divorce that are usually streamlined and quicker than a divorce with more complicated issues. Find out if your state has such a procedure and whether your divorce qualifies. Each state has different rules.
Divorce Law
In a do-it-yourself divorce you draft the papers, file them with the court, and appear before the judge, but this isn't what the do-it-yourself divorce is really about in many cases. If you have children, property, or other issues of possible dispute, a do-it-yourself divorce is really about working out the details of a fair settlement with your spouse.
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