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

Autores/as

DOI:

https://doi.org/10.17058/rdunisc.v0i63.15290

Palabras clave:

polygamy, Islamic law, Brazil, morality, religion.

Resumen

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.

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Biografía del autor/a

Bárbara Mendonça Bertotti, Pontifícia Universidade Católica do Paraná

Ph.D student in Law at Pontifical Catholic University of Paraná (Brasil), Capes scholarship. Master in Law at Pontifical Catholic University of Paraná (Brasil). Specialist in Public Law at the School of the Federal Paraná Magistrature and in Administrative Law at the Romeu Felipe Bacellar Law Institute. Bachelor of Laws at the Federal University of Paraná. Researcher at Center for Research in Public Policies and Human Development at PUCPR. Vice-President of the Political by/of/for Women’s Institute. E-mail: barbarabmmab@gmail.com

Cynthia Gruendling Juruena, Pontifícia Universidade Católica do Paraná

Ph.D student in Law at Pontifical Catholic University of Paraná (Brasil), Capes scholarship. Master in Law at University of Santa Cruz do Sul (UNISC). Researcher at Center for Research in Public Policies and Human Development at PUCPR. Academic Director of the Political by/of/for Women’s Institute. E-mail: cjuruena@gmail.com

Mohamed A. 'Arafa, Faculty of Law of the University of Alexandria (Egypt)

Adjunct Professor of Islamic Law and Assistant Professor of Criminal Law and Criminal Justice at the Faculty of Law of the University of Alexandria (Egypt). Visiting Professor at the Faculty of Law of the British University (Cairo) and the Faculty of Law of the University of Brasília (UnB). Ph.D. in Legal Sciences at Indiana University (Robert H. McKinney School of Law). Master of Criminal Law and Criminal Law at the University of Connecticut. Bachelor of Laws at the University of Alexandria. E-mail: marafa@iupui.edu

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Publicado

2021-08-19

Cómo citar

Mendonça Bertotti, B., Gruendling Juruena, C., & A. ’Arafa, M. (2021). POLYGAMY AGAINST MORAL OR AGAINST LAW? A COMPARATIVE STUDY BETWEEN BRAZILIAN LAW AND ISLAMIC LAW. Revista Do Direito, (63), 26-48. https://doi.org/10.17058/rdunisc.v0i63.15290

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