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If I walk around I don't know if possible dear old dear Jean the actor who is not present right

now schedule wonderful lecture actually on the topic which is quite similar to mine my phone
died I'm not allowed to say back of my house I have picked a fight with you because we are.
You're ready to go we don't and I have given a lecture on this topic and Venus which is more
secular University my research focuses the last few years in Islamic law and especially at
the religious courts because I already explained on the topic of the religious courts in
Indonesia and I took a bit of a comprehensive legal reasoning with in the courts the history of
the course I looked at implementation of Court decision to 1/4 operating practice so it's it's a
study about the institution attention and quite a lot of thinking about how is let me know if
that interpreted by judges in the court I see that my my flight Turner International cold it is
actually done the research already some years ago together with everything also a difficult
night for Dutch people to pronounce on right of children word occasion that's where are
decided by judges in religious courts which involve children and children right so how do
judges religious courts Implement from the Child Protection Law & and other even
International International legal instruments that have been quoted and I I look up what Dino
what dynamic there is a what kind of red line you could find them I thought maybe if you
about how send a 70 sided die just a famous book of Daniel left was published in you made
some kind of conclusion a struggle between two systems of law in which one of them had to
give it a law system and I both whereas struggling at the time as it's before the ending with a
Cavanaugh before the marriage slow and especially get married to Billy 1973 which was
quite secular but The form does not say much about the contents why why can't I can I that's
my fault probably next Jordan exit it's okay next flight to this is more or less what I what I
explained to her before so what you see now is that there's some kind of emergency
between the state legal system and Islamic legal system which means the religious course
now top part of a larger legal system in which other sources than alone than comply see who
commits lamb what are the marriage laws are also taken into account at another Port which
plays a role in the end in Islamic institution apartment, constitutes the number of rulings
which concern Islamic law how old am I the development of Islamic law it's not anymore
solely an affair of the plumber because the judges make fruit a decisions they make you
threaten see if they set standards for the lower courts to follow up with circular saw the same
about how to interpret certain legal norms so my question is what what what what place my
recent focus on on how this different Legal Services interact with each other and I looked at
especially at cases involving children next here is an example of a 1 case so this is the
simplest but Nikki is Born Into the unregistered marriage but what it appears that the
religious the parents want to register the marriage so they can have a child the problem was
that the marriage was not conducted according to the group I got my marriage because
what's not from the family off of the husband passed from the wife and then the question
was what happens with the children are these children the Jets did the reasoning of the
judges was not only based not only paste on ficky but a lot of soda Article 28 2 of The
Constitution was mentioned the Constitutional Court decision on which one was it the article
43 out of the yeah She should have had a compensation but in the end she married formerly
1621 16 years old. So she waited she waited a year the marriage was probably because of
the pregnancy but the question was if you look at the document the child was born before
the marriage took place because the actinica that was after the birth of the child not in this
case the child must still be glad legitimate because Nika Siri was still considered and when
you can sir and you again State Norms up the steak normal and religious Norms the judges
will weigh them which which is more important in this case and maybe as Professor hamre
on see what will bring Justice to the to the child and here it was considered to apply defeat
Norms what's more important to you than the table with the father I probably spelled out of
place of a kind of cases when a child is born out of a marriage next add interesting case in
which go a child is born but without outside marriage without religious but outside end in the
marriage of a Muslim father and Christian mother probably they could not arrange a
marriage a very easily and then in the end demonic became a Muslim and then they wanted
to register the job as a child born into marriage this was not approved by the judge so the
judge said this is not possible but then they make a statement but that just ratio of parents
do Curry developed to you because actually in Indonesia loaded the term biological child is
not Define what are the what rights does a biological child has and someone is not so clear
but the airport still decided that the child was hit by a parent and that is to be registered into
the insert a certificate of the child but not legitimate did she mention on the rights of the child
oh yeah and in the interesting thing was that the Jets that they mentioned the convention on
the rights of the child see this guy so not the only Islamic law was apply but the fact that
they're getting child shoot at the right to be brought up by by his father his biological father
was legitimize your justified by reference to the convention on the rights of the child and the
Child Protection Law the next I don't know how much time do I have to do I toggle skip song
50 minutes more then then then I'm safe it's just to have an ID this is another case yourself a
nice Pat Nicosia and which details are born in in a religious marriage and then then I
Consider what is more important than the job the right or the legal age of marriage Words
which should we give preference between should we give more weight here in the end it was
decided that it was more important to recognize this marriage and declare the children the
consideration that at the time that the mother was married she was still a child under age to
13 years old so here's your text to way different norms but I decided here again that the
marriage was, although it did not fulfill the requirements of the marriage lawyer of the legal
age of marriage next find other games which is always difficult is registration of children born
in into marriages if the religious marriage is a polygamous marriage because there is no
circular of the Supreme Court but previously it was in the Audi bullet the the guidelines of the
religious courts it was written that judges are not allowed to register a marriage if it is in
cases of polygamy hello what is the position of the children dance in which case it's not the
general practice this is a controversial case in which the judge decided to legitimize the child
born into a polygamous marriage end it was because the first wife testified in court that she
agreed to your attitude is legitimation of the Chow so they brought the first wife in the first
wife to I think this is not general practice it in general the religious Portuguese cases of is
Botanica in when it when it involves polygamy and without permission from the religious
courts usually the decision is that I cannot do the marriage cannot be registered and that the
children become only legal relationship next another issue is what if the mother at the time of
her marriage only was the first thing I by law but how to fart this is not fit this marriage a legal
marriage a marriage that which can be recognized by by the Indonesian State now and
again you're just a problem that a child was born from this marriage so during the hearing it
appeared that the wife had been married before and that the formal marriage took place in
2011. Which is before the child was born so did the the woman argues I was already
divorced only I did not to regulate my I did not I have not done my paper work right she did
not go to the 4th to go to arrange a The husband Steve violation of the marriage law in the
compilation of Islamic law so you can see here that in some cases the religious courts
lenient but if it comes to Talla clear before test to take place in court a bit of an analyzer so
that some issues right by judges are considered more important than others some legal
Norms from the marriage law which part of the narrative is the legal age of marriage when it
is weighed against the interests of the child will win this at that and usually let you tomorrow
bye bye and actually a new legislation assorted children are declared and also the marriages
so in this case the Rafiki Norms about what is a what is a valid marriage it's free fails here
line out of cages for instance window Valley Nica is not right or the palatia and then you will
see that there is no leniency than there is a strict application of of I know only one side of
religious norms and on the other side of the Norms of the not in the case of the valley but the
Joe to the children legitimate title in case of a formal divorce shows that the religious court is
much more cautious in in divorce matters so even if the subsequent marriage the
subsequent marriage after the dialog even if it that is conducted included according to
religious normal it is still considered a valid and another one which I found remarkable was
that the religious courts started to to look at the right of children the right to opt out of
illegitimate children or children born in Tunica serial can we accommodate their rights as
children of from a father and a mother and then you see that the term biological child's
biological child next soy-free Michael gluconate if we return to the issue of the convergence
of religious court system with the civil law system it appears that Islamic Norms are more
dominant so Norm's like the legal age of marriage and polygamy restrictions sometimes I set
aside but we also see and other development in the dentist at International Norm such as
the best interests of the child also National right to be brought up by their parents is also
used 

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