POLYGAMY AGAINST MORAL OR AGAINST LAW? A COMPARATIVE STUDY BETWEEN BRAZILIAN LAW AND ISLAMIC LAW

This article aims to investigate in a different way the concomitant relations of conjugality - here from the moment it is formalized matrimonialized as to its conformation as a situation of fact, not Authorized and not Islamic Law. The Brazilian and Islamic legal systems admit and protect polygamous...

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Autores principales:	Bárbara Mendonça Bertotti, Cynthia Gruendling Juruena, Mohamed A. 'Arafa
Formato:	article
Lenguaje:	PT
Publicado:	Universidade de Santa Cruz do Sul 2021
Materias:	polygamy islamic law brazil morality religion. Law K Law in general. Comparative and uniform law. Jurisprudence K1-7720
Acceso en línea:	https://doaj.org/article/0318353d194443d286a3ec7514cf7667
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spelling	oai:doaj.org-article:0318353d194443d286a3ec7514cf76672021-11-22T12:04:35ZPOLYGAMY AGAINST MORAL OR AGAINST LAW? A COMPARATIVE STUDY BETWEEN BRAZILIAN LAW AND ISLAMIC LAW0104-94961982-995710.17058/rdunisc.v0i63.15290https://doaj.org/article/0318353d194443d286a3ec7514cf76672021-08-01T00:00:00Zhttps://online.unisc.br/seer/index.php/direito/article/view/15290https://doaj.org/toc/0104-9496https://doaj.org/toc/1982-9957This article aims to investigate in a different way the concomitant relations of conjugality - here from the moment it is formalized matrimonialized as to its conformation as a situation of fact, not Authorized and not Islamic Law. The Brazilian and Islamic legal systems admit and protect polygamous relationships? The conclusion is that the right of reply is the right of police expression manifested in polygamy. In Brazil, the laws are not of the world of facts, being inclusive, in some cases, those of the right to the right, but there is still a strong tendency to legalize the legalization of polygamy, for strictly moral/religious reasons. Thus, contrary to common sense, it may be said that the Muslim is more monogamous than the Brazilian is. Still, it can be affirmed that, although Brazil declares itself secular, in practice there is no demarcated separation between State and religion. The Islamic communism is the rights of human religion. Paradoxically, would Brazil then be cloaked in the veil of Islam? The methodology used is exploratory, from a comparative perspective, taking the necessary precautions to differentiate between the two systems.Bárbara Mendonça BertottiCynthia Gruendling JuruenaMohamed A. 'ArafaUniversidade de Santa Cruz do Sularticlepolygamyislamic lawbrazilmoralityreligion.LawKLaw in general. Comparative and uniform law. JurisprudenceK1-7720PTRevista do Direito, Iss 63, Pp 26-48 (2021)
institution	DOAJ
collection	DOAJ
language	PT
topic	polygamy islamic law brazil morality religion. Law K Law in general. Comparative and uniform law. Jurisprudence K1-7720
spellingShingle	polygamy islamic law brazil morality religion. Law K Law in general. Comparative and uniform law. Jurisprudence K1-7720 Bárbara Mendonça Bertotti Cynthia Gruendling Juruena Mohamed A. 'Arafa POLYGAMY AGAINST MORAL OR AGAINST LAW? A COMPARATIVE STUDY BETWEEN BRAZILIAN LAW AND ISLAMIC LAW
description	This article aims to investigate in a different way the concomitant relations of conjugality - here from the moment it is formalized matrimonialized as to its conformation as a situation of fact, not Authorized and not Islamic Law. The Brazilian and Islamic legal systems admit and protect polygamous relationships? The conclusion is that the right of reply is the right of police expression manifested in polygamy. In Brazil, the laws are not of the world of facts, being inclusive, in some cases, those of the right to the right, but there is still a strong tendency to legalize the legalization of polygamy, for strictly moral/religious reasons. Thus, contrary to common sense, it may be said that the Muslim is more monogamous than the Brazilian is. Still, it can be affirmed that, although Brazil declares itself secular, in practice there is no demarcated separation between State and religion. The Islamic communism is the rights of human religion. Paradoxically, would Brazil then be cloaked in the veil of Islam? The methodology used is exploratory, from a comparative perspective, taking the necessary precautions to differentiate between the two systems.
format	article
author	Bárbara Mendonça Bertotti Cynthia Gruendling Juruena Mohamed A. 'Arafa
author_facet	Bárbara Mendonça Bertotti Cynthia Gruendling Juruena Mohamed A. 'Arafa
author_sort	Bárbara Mendonça Bertotti
title	POLYGAMY AGAINST MORAL OR AGAINST LAW? A COMPARATIVE STUDY BETWEEN BRAZILIAN LAW AND ISLAMIC LAW
title_short	POLYGAMY AGAINST MORAL OR AGAINST LAW? A COMPARATIVE STUDY BETWEEN BRAZILIAN LAW AND ISLAMIC LAW
title_full	POLYGAMY AGAINST MORAL OR AGAINST LAW? A COMPARATIVE STUDY BETWEEN BRAZILIAN LAW AND ISLAMIC LAW
title_fullStr	POLYGAMY AGAINST MORAL OR AGAINST LAW? A COMPARATIVE STUDY BETWEEN BRAZILIAN LAW AND ISLAMIC LAW
title_full_unstemmed	POLYGAMY AGAINST MORAL OR AGAINST LAW? A COMPARATIVE STUDY BETWEEN BRAZILIAN LAW AND ISLAMIC LAW
title_sort	polygamy against moral or against law? a comparative study between brazilian law and islamic law
publisher	Universidade de Santa Cruz do Sul
publishDate	2021
url	https://doaj.org/article/0318353d194443d286a3ec7514cf7667
work_keys_str_mv	AT barbaramendoncabertotti polygamyagainstmoraloragainstlawacomparativestudybetweenbrazilianlawandislamiclaw AT cynthiagruendlingjuruena polygamyagainstmoraloragainstlawacomparativestudybetweenbrazilianlawandislamiclaw AT mohamedaarafa polygamyagainstmoraloragainstlawacomparativestudybetweenbrazilianlawandislamiclaw
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POLYGAMY AGAINST MORAL OR AGAINST LAW? A COMPARATIVE STUDY BETWEEN BRAZILIAN LAW AND ISLAMIC LAW

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