Post Modernism and Nursing Science

Gone are the days when people took any point as being true as was told. Nowadays, people question how a given statement can be true. This is due the fact that people have learnt that under different conditions, even scientifically proven truth can change. People have embraced the idea that nothing is static, not even the truth.Advertising We will write a custom essay sample on Post Modernism and Nursing Science specifically for you for only $16.05 $11/page Learn More There are many perspectives from which an idea can be looked at. There is a lot of information found nowadays. Technology has also advanced and has led to many discoveries. Due to this, it has come to the knowledge of people that there exist multiple levels of reasoning in any area. More importantly, is the discovery that there are limits to everything including science inquiry. This wave of post modernism has swept through all areas of humanity including the nursing science. It is important to note that post modernism is both a benefit and a deterrence of nursing as a science. Post modernism has brought to the view the idea of holistic therapies where people believe that medication has to go beyond diseases. Health should be more of the patient that it is about the disease. It is the belief of holistic therapies that healing should begin with the individual first setting his or her mind that he or she needs healing. With this in mind, post modernism has helped in fostering the theoretical view of nursing that treatment is within the power of an individual. Nursing science takes it that nurses are just supposed to give psychological, physical and to some extent spiritual support which will evoke the inner force within the patient. It is important to note that just like post modernism, nursing science has come to the view that there is some inner force that helps to heal patients. In this regard, post modernism has actually helped nursing.Advertising Looking for es say on health medicine? Let's see if we can help you! Get your first paper with 15% OFF Learn More On the same note, post modernism places a lot of emphasis on the patient and safety. The two are the pillars of nursing. In nursing, the patient is the core and safety of the patient is the main focus. Similarly, post modernism looks at the patient as the epicenter of healthcare. Consequently, patients have been lately included in the recording of events regarding adverse drugs thus enhancing credibility of the information. Moreover, post modernism has enabled nurses to approach issues objectively knowing that truth is not fixed. This has helped in solving many problems which were quite different from classical ones. It is important to note that every case in nursing is unique thus no laid down principle or precedence applies. This is the same principle that post modernism brings to the board. On the other hand, post modernism has also hindered the prospects of nursing. To be gin with, the idea that truth can be challenged brings about great problems because people challenge every step the nurses take. Moreover, due to the availability of almost any information on the internet, patients are becoming risk averse. Patients are unwilling to use various medicines due to the negative information about the medicine. It is important to note that some of the information is actually contradicting and also wrong. This makes the work of nurses difficult because they have to start by changing the minds of the patients who have very low confidence in nurses. Post modernism has led to increased cultural interactions which have come with a lot of complications. This has complicated the nursing science which now has to take into consideration the cultural diversity in its approach to healing.Advertising We will write a custom essay sample on Post Modernism and Nursing Science specifically for you for only $16.05 $11/page Learn More On the s ame note, holistic approach to healing becomes problematic when diseases involved require express medication. Similarly, healing is not all about some improvable force from inside the patient. It sometimes has to involve immediate and active medication. Nursing also needs the application of pragmatism. It is important to note that though truth exists in the world, being certain when it is found is difficult. Consequently, pragmatism requires that nurses should constantly be searching for the truth. Pragmatism has led to a lot of improvements in the nursing sector by leading to new ways of taking care of patients. Arguably, geriatric nursing has highly benefited from pragmatic approach. To begin with, the idea that there is no perfect way of containing pain that old people go through has led to new improved ways of managing pain. On the same note, it is important to point that geriatric nursing has been left behind technologically and requires research to come up with quality service s to the old. Moreover, the elderly exhibit unique symptoms which are distinct from one another. Therefore, geriatric nurses especially in home settings have learnt to approach each case objectively leading to discovery of new ways of taking care of various conditions. It is important to note that in home settings, geriatric nurses have minimal access to most hospital equipment. As a result, pragmatic approach is very crucial since these nurses need to devise methods of handling different and sometimes new conditions.Advertising Looking for essay on health medicine? Let's see if we can help you! Get your first paper with 15% OFF Learn More This essay on Post Modernism and Nursing Science was written and submitted by user Junior Hoover to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Identifying Infinitive Phrases Exercises and Practice

Identifying Infinitive Phrases Exercises and Practice An infinitive is a verbalusually preceded by the particle tothat can function in a sentence as a noun, an adjective, or an adverb. This exercise will test your ability to recognize infinitive phrases and distinguish them from prepositional phrases. Instructions Each sentence below contains at least one infinitive phrase. Some (but not all) of the sentences also include prepositional phrases beginning with to. Identify only the infinitive phrase(s) in each sentence, and then compare your responses with the answers below. More than anything else, I wanted some time alone to read.My grandmother told me that we have been put on earth to share, to care, to give, and to receive.While the train was stopped at the station, Bugsy attempted to climb to the top of one of the freight cars.Mama Day tells the citizens of the island to listen to the crows instead of the news bulletins. (Gloria Naylor, Mama Day)During the Great Depression, audiences wanted to laugh when they went to the movies.Every Wednesday, six women from Wisbech came to the castle to do the weekly wash.On the last night of the retreat, we wanted to sing a song to end an evening that had been particularly touching to us all.The duke left the duchess at a Red Roof Inn and proceeded to drive to the country to see his mother.At the end of their long adventure, Lucy and Edmund are told that they are too old to return to Narnia again.Within each Ring of Plague Sabine had organized, there was a complete assortment of powers: one to fight with ice, one to see through soil, one to throw lightning, one to fly, one to fade, one to shrink, one to breathe fire, one to run like the wind, one to burrow, one to see through rock, one to levitate objects, and one to push and bind dreams. (Obert Skye, Leven Thumps and the Whispered Secret) Here (in bold print) are the answers. More than anything else, I wanted some time alone  to read.My grandmother told me that we have been put on earth  to share, /  to care,  /  to give, and  to receive.While the train was stopped at the station, Bugsy attempted  to climb  to the top of one of the freight cars.Mama Day tells the citizens of the island  to listen  to the crows instead of the news bulletins. (Gloria Naylor,  Mama Day)During the Great Depression, audiences wanted  to laugh  when they went to the movies.Every Wednesday, six women from Wisbech came to the castle  to do the weekly wash.On the last night of the retreat, we wanted  to sing a song  /  to end an evening  that had been particularly touching to us all.The duke left the duchess at a Red Roof Inn and proceeded  to drive  to the country  to see his mother.At the end of their long adventure, Lucy and Edmund are told that they are too old  to return  to Narnia again.Within each Ring of Plague Sabine had organ ized, there was a complete assortment of powers: one  to fight with ice, one  to see through soil, one  to throw lightning, one  to fly, one  to fade, one  to shrink, one  to breathe fire, one  to run like the wind, one  to burrow, one  to see through rock, one  to levitate objects, and one  to push and bind dreams. (Obert Skye,  Leven  Thumps  and the Whispered Secret)

5 Ways to Make a Sentence More Concise

5 Ways to Make a Sentence More Concise 5 Ways to Make a Sentence More Concise 5 Ways to Make a Sentence More Concise By Mark Nichol Expressing oneself clearly and concisely in speech is a challenge because one has so little time to order one’s thoughts and choose one’s wording carefully, but writing is easily improved with even the briefest review. Always read over what you have written (whether it’s a tweet or a book manuscript) before you distribute or publish it- not only to adhere to the mechanical basics of grammar, syntax, usage, and style but also to check for narrative flow and conciseness. The following sentences, and the discussions and revisions that follow each one, include advice for paring unnecessary words and phrases. 1. As you establish your policies, it is recommended that you develop a comprehensive list of business activities. When offering recommendations, avoid overly polite entreaties, and simply state the advice as an imperative: â€Å"As you establish your policies, develop a comprehensive list of business activities.† (Other words that signal an expendable phrase are advised, suggested, necessary, and imperative.) 2. Nearly all of the processes and steps conducted during this phase were planned in the early stages. In â€Å"all of the† phrases, of is almost always optional, and the can often be safely omitted as well: â€Å"Nearly all processes and steps conducted during this phase were planned in the early stages.† 3. IPO activity has increased over the past few years, and that presents a great advantage for the company. Be alert for opportunities to condense sentences consisting of two independent clauses into a simple statement. Here, what was an introduced observation is recast as an acknowledged phenomenon, changing the subject from â€Å"IPO activity† to â€Å"the increase in IPO activity†: â€Å"The increase in IPO activity over the past few years presents a great advantage for the company.† 4. Organizations can realize tremendous value from risk management in a cost-effective and efficient way. The presence of way (or manner, or basis, or any similar vague noun) at the end of a sentence signals a sentence in need of abbreviation. Simply dismantle the phrase that ends with the noun and convert the adjectives that precede the noun into adverbs: â€Å"Organizations can cost-effectively and efficiently realize tremendous value from risk management.† 5. There are core sets of critical activities and critical communications that must be performed at this stage. When a sentence or clause begins with an expletive (â€Å"There is/are† or â€Å"It is/They are†), consider omitting the phrase and beginning the sentence with the noun or noun phrase that follows (and delete the now-extraneous that that follows the subject): â€Å"Core sets of critical activities and critical communications must be performed at this stage.† Taking Conciseness Too Far Be cautious, however, about overzealous conciseness, as in the case of multiple nouns and noun phrases stacked in a dense swarm of words. Relaxing a sentence can be just as effective as tightening it in improving a sentence: Overly concise: Executive management and board of directors’ expectations about scalability can be unrealistic. Relaxed: The expectations of executive management and the board of directors about scalability can be unrealistic. Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Style category, check our popular posts, or choose a related post below:The Yiddish Handbook: 40 Words You Should KnowBetween vs. In BetweenCapitalizing Titles of People and Groups

Discuss whether the company is moving away from its core competency of Essay

Discuss whether the company is moving away from its core competency of being a leading online retailer. Present areas where Amaz - Essay Example Amazon Simple Storage Service (S3): According to Amazon Web Services (2010); S3 is an online data storage service that enables the users to store and retrieve data from anywhere in the world. Amazon Elastic Compute Cloud (EC2): Engleman (2010) stated that initially, Amazon had started selling individual users computing resources from their own data hubs but now they are trying to compete with tech giants, Google and Microsoft, to offer extensive cloud computing power to federal agencies. Microsoft and Google have been in the market for offering web services over a longer period of time as compared to Amazon. Amazon has been a market leader in the field of e-commerce and has possessed the core competency in online retailing since over a decade. Hiner (2009) stated that the respective retailer company acquired technical expertise after developing the infrastructure for their online retailing service; this expertise cannot be compared or competed with the technical skills and experience that are possessed by the high profile teams at Google and Microsoft. The main objective and mission of the two tech giants have been web services or technical products whereas Amazon has always focused on the retailing business. The Amazon’s shift of focus to web services will affect their position as the market leader in online retailing. An

International business strategy (change Essay Example | Topics and Well Written Essays - 2250 words - 1

International business strategy (change - Essay Example with the global, national and industrial environment a business needs to change its internal structures and systems to gain the best of results from its operations. The changes in internal structures to attain this often affect organizational structures, systems of production, distribution and marketing. Smith & Graetz (2011) juxtapose businesses with organisms. They are in a population that includes other businesses which come together to form an industry. They have to build and maintain their areas of competitive advantage to survive and this is evident in the form of growth and the capture of market share. This is in the form of evolution, where the business finds new ways and methods of doing things to get the best of results and overcome competitors in terms of survival and profits. Porter (1998) states that change and innovation unfreezes and reshapes a business’ internal systems to enable it to attain and sustain competitive advantage. This means that change causes an organization to dismantle its existing systems and structures and then put in place new systems and structures to enable it to meet changes in its external environment in the context of strategic planning. Kurt Lewin identifies three stages that businesses go through to create and sustain change (Shapiro, 2010). At the first the organization needs to ‘unfreeze’. This involves the analysis of the external and internal environment and the identification of the need for change. This is followed by the sanctioning of the project by initiation with tope level management and core employees to be involved in the process. This is complemented by the need to examine and understand doubts and concerns. The second stage involves the actual change. At this point, the change is communicated to all the people concerned with it. The personnel in charge of the change need to work hard to dispel doubts and resistance. They then go ahead to empower the stakeholders involved in the actual change. From

Quantitative Methods to Research Intimacy

Quantitative Methods to Research Intimacy Jason Green Part 1 Question: Write a report on the usefulness of quantitative methods for describing intimacy, focusing  on the particular method of surveys. You should include the following: a definition of quantitative methods a description of surveys as a particular method consideration of the distinctive kinds of description that surveys generate examples of the usefulness of surveys for describing intimacy. Answer: Science begins with the question’s what is it I want to know, How is the best way that I can get to achieve results that are desired. However, this can only become science when the correct methodology has been chosen, Also that the matter of research can be justified There are also moral and ethical principles that can affect the type and structure or even methodology of the undertaken research. When looking at trying to describe the subject of intimacy many strands of information would need to be gathered, but the real question is which method should be used in the pursuit of the correct results. When trying to achieve any possible answer in ether social science or science as a whole. In our research there are many tools or ways or rather it could be better-said methods to obtain an answer. One method could possibly be used to achieve an answer. But to obtain a more valid and qualify able answer more than one method might be deemed to be used in the search for obtaining the required results that we might desire to gather. Then maybe it could be concluded that for us to get the best results that multi methodology should be applied to gain an unbiased factual conclusion to the research project that could actively be supported by the methods applied. The Quantitative methods could be said to be a more inhuman approach than other methods that might be used in research. The quantitative method is a more sterile clinical method and could be describe like a man standing in front of a window looking in. it has a detached approach. Rather than concerning itself with the data rather than the individual meanings and experience. This method is concerned with looking to identify any patterns, trends and relationships or any other required data from the ‘outside’, The Quantitative methods sets it site and looks at a wider band of the population. With this method, we are so much less concerned with the specifics of the individual’s meanings and experience’s, but it rather looks at the data as a whole and the individual becomes a statistic in the data that collated. (Barns Barnett, 2014 pp.68) The Quantitative methodology in general, is next to useless for answering questions that we may look at. It does not look at or is able to analyse the structures and maybe the processes that con and possibly will be observed in behaviour that in underlying Nevertheless, quantitative can be said to be invaluable where the bases of behaver could well said to be not understood. It is important to recognise that the quantitative tend to produce different descriptions of social phenomena, and can support different understandings of social processes. (Barns Barnett, 2014 pp.35) In research, one way that makes things really easier is by doing a survey. A survey is best described as short interview or talk. When we use the word survey, it can be unfortunately ambiguous or better said open to more than one interpretation. Therefore, it needs to be better defined. The term survey is mainly used to mean the collection of information. Someone wanting to ask you questions in the town centre may have stopped you. However, to say there is one definition of survey would not be very correct the first as you have read in the earlier paragraph, which is to collect information. A second definition is it is to collect data. It could be defined as a third, which is a specific type of survey research. They ways of collecting survey data are: Questionnaires– which are a series of written questions that are answer by the subject? This method is used to gain answers to questions that would require simple responses’ (agree/disagree/ no options). Then we have Interviews questions put forward to a subject to obtain information about him or her. This type of survey in more like a formal interview like you would have with your bank manager or maybe a new employer when looking for a job. Finally we have Surveys themselves– It might well seem be an error using survey as a description of survey but no it is not actually an error. A Survey is actually a specific type of survey. It is an interview with the researcher asking only a limited amount of questions to a subject. On the face of it, surveys may not seem well suited to the task of gathering data on matters that are sensitive and personal. However, conducted properly and with an understanding of the design and structure limitation and the way that it is implemented it is capable of just that. Has demonstrated, conducted properly and with an awareness of the limitations of survey design and implementation, they are capable of doing just that. With surveys on intimacy and to not just read anything into the data that is extracted from the surveys but rather to examine that data with a critical eye so that there is no error in the understanding of the data achieved. In addition, it remains one of the most powerful tools available to scientists and researchers to gain an understanding of social and scientific studies on intimacy. The Data, which surveys generate helps to shape our understanding of sexual behaviour and intamacy. It also has opened new avenues in research now and in the future (Barns Barnett, 2014 pp.94) The usefulness of this can be seen looking at research carried out already by Kinsey and Natsal. They performed surveys in both informed public debates about sexuality and intimate life. Their intention was inform public debate about sexuality and intimacy in life. Their research and surveys had an unpredicted result in social science the helped reshaped the social world as it was understood. It made visible social phenomena as a scale of whole populations and as was learnt from this in research there are consequences. One of the major impacts if we return to Kinsley study’s again was that of making same sex gender visible as never before gay and lesbian couples instead of being hidden in innuendo and rumour now with this statistics the level of such could be seen as fact. (Barns Barnett, 2014 pp.89) Bibliography EditedbyMarkBanks andCliveBarnett. (2014) ‘TheUsesofSocialScience (DD206), Milton Keynes, The Open University, pp.35-94 DVD ROM (2014), ‘TheUsesofSocialScience (DD206), Milton Keynes, The Open University, pp.35-94

Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines

Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines Andres C. Soguilon Juris Doctor-1 UNIVERSITY OF CEBU COLLEGE OF LAW Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines Abstract This paper is a comparison between the laws governing the Muslim marriage and Divorce through Presidential Decree No. 1083, otherwise known as the Code of Muslim Personal Laws and marriage and legal separation under the Family Code.It also compares the rights and obligations of spouses between the two codes. It analyzes the similarities and differences of the provisions on the requisites in contracting marriages between the two laws and the effects of legal separation as far as the Family Code is concern and the same with Islamic divorce as provided by law. Introduction The 1987 Philippine Constitution, in Article XV, Section 2, states that â€Å"Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State. The same constitution admits that â€Å"no law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof†1 and it respects the protection and conservation by the State of the customs, traditions, practices and beliefs of the Filipinos. Presidential Decree 1083 also known as the Code of Muslim Personal Laws took effect on February 14, 1977 and the governing constitution then was the 1973 Constitution. According to Andres H. Hagad in his work â€Å"Comments on the Muslim Code: A Paper on PD. No. 038†, the code refers to Article XV, section 11 of the 1973 Constitution as the legal basis for its existence which states that â€Å"the State shall consider the customs, traditions, beliefs and interests of national cultural communities in the formulation and implementation of State policies. †2 1 2 T he 1987 Philippine Constitution, Article III, Section 5 Andres H. Hagad, Comments on the Muslim Code: A Paper on P. D. No. 1083, Philippine Law Journal [1977] Vol. 52 Andres C. Soguilon JD-1 Page 2 Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines RationaleThe Constitution, the laws and even Supreme Court’s decisions pertaining to issues involving marriage have been reflective of how the State wanted to protect the sanctity and value of marriage in the Philippines. The law even so provides that it shall not be governed by stipulations but by the Government and the latter must intervene in order to protect it. In line with this, the researcher seeks to be enlightened of the similarities and difference of marriages contracted in accordance with the Family Code in comparison to those contracted by Muslims provided by the Code of Muslim Personal Laws.Both codes give right to spouses to sep arate from each other on certain grounds, hence, comparison of the two would likely pave way to the idea of adopting one not only to protect the sanctity of marriage per se but also not to prejudice the constitutional and human rights of the parties involved. The Family Code and the Code of Muslim Personal Laws 1. What is Marriage? The Family Code of the Philippines defines marriage as a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life.It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by the said code. 3 On the other hand, the Code of Muslim Personal Laws definesmarriage as not only a civil contract but a social institution. Its nature, consequences and incidents are governed by this Code and the Shari'a and not subject to stipulation, except that 3 Familly Code of the Philippines, Article I Andres C.Soguilon JD-1 Page 3 Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines the marriage settlements may to a certain extent fix the property relations of the spouses. The two laws have a definition of marriage which is more or less akin to each other. 4 2. Requisites of Marriage Family Code of the Philippines Code of Muslim Personal Laws Art. 2. No marriage shall be valid, unless these essential requisites are present: 1. Legal capacity of the contracting parties who must be a male and a female; and 2.Consent freely given in the presence of the solemnizing officer Art. 15. Essential requisites. No marriage shall be perfected unless the following essential requisites are complied with: (a) Legal capacity of the contracting parties; (b) Mutual consent of the p arties freely given; (c) Offer (ijab) and acceptance (qabul) duly witnessed by at least two competent persons after the proper guardian in marriage (wali) has given his consent; and (d) Stipulation of customary dower (mahr) duly witnessed by two competent persons. Art. 3. The formal requisites of marriage are: 1. Authority of the solemnizing officer; 2.A valid marriage license except in the cases provided for in Chapter 2 of this Title; and 3. A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officers and their personal Art. 16. Capacity to contract marriage. declaration that they take each other (1) Any Muslim male at least fifteen years as husband and wife in the presence of of age and any Muslim female of the not less than two witnesses of legal age puberty or upwards and not age. suffering from any impediment under the provisions of this Code may contract marriage.A female is presumed to have attained puberty upon reachin g the age of fifteen. (2) However, the Shari’a District Court may, upon petition of a proper wali, order the solemnization of the marriage of a female who though less than fifteen but not below twelve years of age, has attained puberty. (3) Marriage through a waliby a minor below the prescribed ages shall be regarded as betrothal and may be annulled upon the petition of either party within four years after attaining the age of puberty, provided no 4 Code of Muslim Personal Laws, Chapter II, Section I, Article 14 Andres C. Soguilon JD-1 Page 4Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines voluntary cohabitation has taken place and the wali who contracted the marriage was other than the father or paternal grandfather. Apparently, the Code of Muslim Personal Laws has more requirements for contracting parties to comply before they can enter into marriage. Under the Family Code, the cont racting must be at least eighteen years of age, in such case when one of the parties is below eighteen the marriage will be void which will be discussed below. On the other hand, Code of Muslim of Personal laws, the male must be at least fifteen years of age and the female must be of the age of puberty with the presumption provided in the Code that females attain their puberty at the age of fifteen. Also, the female must not be below twelve years of age, in such case the marriage may be annullable. 3. Void and Voidable Marriages under Family Code and Prohibited Marriages under Code of Muslim Personal Laws Family Code of the Philippines Art. 35.The following marriages shall be void from the beginning: (1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians; (2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so; (3) Those solemnized without a license, except those covered by the preceding Chapter; Code of Muslim Personal Laws Section 2.Prohibited Marriages Article 23. Bases of prohibition. No marriage may be contracted by parties within the prohibited degrees: (a) Of consanguinity; (b) Of affinity; and (c) Of fosterage. Article 24. Prohibition by consanguinity (tahrimjbin-nasab). No marriage shall be contracted between: (a) Ascendants and descendants of any degree; 5 Family Code of the Philippines [1988], Art. 3 (1) Andres C. Soguilon JD-1 Page 5Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines (4) Those bigamous or polygamous marriages not falling under Article 41; (5) Those contracted through mistake of one contracting party as to the identity of the other; and (6) Those subsequent marriages that are void under Article 53. Art. 36. A marriage co ntracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization.Art. 37. Marriages between the following are incestuous and void from the beginning, whether the relationship between the parties be legitimate or illegitimate: (1) Between ascendants and descendants of any degree; and (2) Between brothers and sisters, whether of the full or half-blood. Art. 38. The following marriages shall be void from the beginning for reasons of public policy: (1) Between collateral blood relatives, whether legitimate or illegitimate, up o the fourth civil degree; (2) Between step-parents and stepchildren; (3) Between parents-in-law and childrenin-law; (4) Between the adopting parent and the adopted child; (5) Between the surviving spouse of the adopting parent and the adopted child; (6) Between the surviving spouse of the adopted child and the adopter; Andres C. Soguilon JD-1 (b) Brothers and sisters, whether germane, consanguine or uterine; and (c) Brothers or sisters and their descendants within the third civil degree. Article 25. Prohibition by affinity (tahrim-billmusahara). 1) No marriage shall be contracted between: (a) Any of the spouses and their respective affinal relatives in the ascending line and in the collateral line within the third degree; (b) Stepfather and stepdaughter when the marriage between the former and the mother of the latter has been consummated; (c) Stepmother and stepson when the marriage between the former and the father of the latter has been consummated; and (d) Stepson or stepdaughter and the widow, widower or divorcee of their respective ascendants. 2) The prohibition under this article applies even after the dissolution of the marriage creating the affinal relationship. Article 26. Prohibition due to fosterage (tahrim-bir-rada'a). (1) No person may validly cont ract marriage with any woman who breastfed him for at least five times within two years after his birth. (2) The prohibition on marriage by reason of consanguinity shall likewise apply to persons related by fosterage within the same degrees, subject to exception recognized by Muslim law. Section 4.Batil and Fasi Marriages Article 31. Batil marriages. The following marriages shall be void (batil) from the beginning: Page 6 Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines (7) Between an adopted child and a legitimate child of the adopter; (8) Between adopted children of the same adopter; and (9) Between parties where one, with the intention to marry the other, killed that other person’s spouse, or his or her own spouse.Art. 41. A marriage contracted by any person during the subsistence of a previous marriage shall be null and void unless before the celebration of the subsequent marriage , the prior spouse had been absent for four consecutive years and the spouse present had a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, and absence of only two years shall be sufficient. xx Art. 53. Either of the former spouses may marry again after complying with the requirements of the immediately preceding Article; otherwise, the subsequent marriage shall be null and void. (a) Those contracted contrary to Articles 23, 24, 25 and 26; (b) Those contracted in contravention of the prohibition against unlawful conjunction; and (c) Those contracted by parties one or both of whom have been found guilty of having killed the spouse of either of them. Article 32. Fasid marriages.The following marriages shall be irregular (fasid) from their performance: (a) Those contracted with a female observing ‘idda; (b) Those contracted cont rary to Article 30; (c) Those wherein the consent of either party is vitiated by violence, intimidation, fraud, deceit or misrepresentation; (d) Those contracted by a party in a condition of death-illness (marad-ul-mault) without the same being consummated; (e) Those contracted by a party in a state of ihram; and (f) Mixed marriages not allowed under Islamic law.The Family Code provides for marriages that are void and voidable due to the fact that these marriages are contracted with either the absence of both essential and formal requisites and defect or irregularity in the essential or formal requisites. The Code of Muslim Personal Laws, on the other hand provides for several instances where a marriage is prohibited, void and irregular. Andres C. Soguilon JD-1 Page 7Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines 4. Legal Separation and Divorce Family Code of the Philippines Art. 55. A pet ition for legal separation may be filed on any of the following grounds: (1) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner; (2) Physical violence or moral pressure to compel the petitioner to change religious or olitical affiliation; (3) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement; (4) Final judgment sentencing the respondent to imprisonment or more than six years, even if pardoned; (5) Drug addiction or habitual alcoholism of the respondent; (6) Lesbianism or homosexuality of the respondent; (7) Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad; bigamous marriage, whether in the Philippines or abroad; (8) Sexual infidelity or perversion; (9) Attempt by the respondent against the life of the petitioner; or (10) Aba ndonment of petitioner by respondent without justifiable cause for more than one year. Code of Muslim Personal Laws Chapter Three DIVORCE (TALAQ) Section 1. Nature and Form Article 45. Definition and forms. Divorce is the formal dissolution of the marriage bond in accordance with this Code to be granted only after the exhaustion of all possible means of reconciliation between the spouses.It may be effected by: (a) Repudiation of the wife by the husband (talaq); (b) Vow of continence by the husband (ila); (c) Injurious assanilation of the wife by the husband (zihar); (d) Acts of imprecation (li'an); (e) Redemption by the wife (khul'); (f) Exercise by the wife of the delegated right to repudiate (tafwld); or (g) Judicial decree (faskh). Andres C. Soguilon JD-1 Page 8 Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines There is a big difference between legal separation and divorce because the form er only covers separation of bed and board while the latter is an absolute separation. Any divorce proceeding undertaken before the Shari’a Court is valid, recognized, binding and sufficient divorce proceedings. 6 Article 13 of PD No. 1083 does not provide for a situation where the parties were married both in civil and Muslim rites.Consequently, the shari’a courts are not vested with original and exclusive jurisdiction when it comes to marriages celebrated under both civil and Muslim laws. 7 Specifically, divorce in Islam is classified into different types in relation to the grounds that may be used by either the husband or the wife in separating from each other. A divorce by talaq may be affected by the husband in a single repudiation of his wife during her nonmenstrual period within which he has totally abstained from carnal relation with her. 8 A wife in a Muslim marriage may be granted a decree of divorce where her husband makes a vow to abstain from any carnal re lations with his wife and keeps such for a period of not less than four (4) months. Another is the divorce by zihar, where a husband has injuriously assimilated his wife to any of his relatives within the prohibited degrees of marriage, in such case they shall mutually refrain from having carnal relation until he shall have performed the prescribed expiation. 10 Where the husband accuses his wife of adultery, a decree of perpetual divorce may be granted by the court. 11 The wife could also, after having offered to return or renounce her dower or to pay any other lawful consideration for her release from the marriage bond, petition the court for divorce. 12 If the husband has delegated to the wife the right to effect a talaq at the time of the celebration of the marriage or thereafter, she may repudiate the marriage and the 6 7 Zamoranos v. People [2011] G. R. No. 193902 Tamano v. Ortiz [1998] G. R. No. 26603 8 P. D. No. 1083 [1977], Article 46 (1) 9 Ibid, Article 47 10 Ibid, Article 48 11 Ibid, Article 49 12 Ibid, Article 50 Andres C. Soguilon JD-1 Page 9 Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines repudiation would have the same effect as if it were pronounced by the husband himself. 13 Lastly, the wife may petition a decree of divorce by faskh (judicial decree) subject to some grounds. A decree of faskh on the ground of unusual cruelty may be granted by the court upon petition of the wife. 14 Muslim spouses, because of divorce granted by P. D. No. 083 for Islamic marriages have many ways in order to separate themselves from each other. Grounds for divorce decree are even classified as to whom it may apply, either to the wife or the husband taking into account the different situations that they may experience in their married life. On the other hand, the Family Code also provides spouses to separate from each other but only limited, however legitimate the grounds are. The grounds for legal separation provided by the Family Code are more specific and relatively of the same weight with the grounds for divorce provided by P. D. No. 1083. However, the Family Code does not at all give the spouses the right to be divorced. 5.Effects of Legal Separation and Divorce Family Code of the Philippines Art. 63. The decree of legal separation shall have the following effects: (1) The spouses shall be entitled to live separately from each other, but the marriage bonds shall not be severed; (2) The absolute community or the conjugal partnership shall be dissolved and liquidated but the offending spouse shall have no right to any share of the net profits earned by the absolute community or the conjugal partnership, which shall be forfeited in accordance with the provisions of Article 43(2); (3) The custody of the minor children shall 13 14 Code of Muslim Personal Laws Article 54. Effects of irrevocable talaq or faskh.A talaq or faskh, as soon as it becomes i rrevocable, shall have the following effects: (a) The marriage bond shall be severed and the spouses may contract another marriage in accordance with this Code; (b) The spouses shall lose their mutual rights of inheritance; (c) The custody of children shall be determined in accordance with Article 78 of this code; (d) The wife shall be entitled to recover from the husband her whole dower in case the talaq Ibid, Article 51 See Article 52-53 of P. D. No. 1083 [1977] Andres C. Soguilon JD-1 Page 10 Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines be awarded to the innocent spouse, subject to the provisions of Article 213 of this Code; and (4) The offending spouse shall be disqualified from inheriting from the innocent spouse shall be revoked by operation of law. as been affected after the consummation of the marriage, or one-half thereof if effected before its consummation; (e) The husband shal l not be discharged from his obligation to give support in accordance with Article 67; and (f) The conjugal partnership, if stipulated in the marriage settlements, shall be dissolved and liquidated. The huge difference between the two Codes with regard to the effects of either legal separation or divorce is that in legal separation, the spouse are only entitled to live separately from each other and their marriage bonds shall not be severed while in Islamic divorce, marriage bonds between divorced parties shall be severed and they are entitled to contract a subsequent marriage provided they comply with the requisites to enter into another marriage. The Family does not provide that legally separated spouses can enter into another marriage.In the Family Code, the offending spouse shall not have any right to any share of the net profits earned by the absolute community or the conjugal partnership while in P. D No. 1083, the spouses shall lose their mutual rights of inheritance. As to t he custody of the children, the Family Code provides that the innocent shall be granted custody subject to conditions, while in P. D. No. 1083; custody shall be determined by Article 78 of the same code. 15 Similarly PD No. 1083 is clear that where the parents are not divorced or legally separated, the father and mother shall jointly exercise just and reasonable parental authority and fulfill their responsibility over 15 Article 78 of P.D. No. 1083 otherwise known as Code of Muslim Personal laws states that (1) the care and custody of children below seven years of age whose parents are divorced shall belong to the mother or, in her absence, to the maternal grandmother, the paternal grandmother, the sister and aunts. In their default, it shall devolve upon the father and the nearest paternal relatives. The minor above seven years of age but below the age of puberty may choose the parent with whom he wants to stay. (2) The unmarried daughter who has reached the age of puberty shall st ay with the father; the son, under the same circumstances, shall stay with the mother. Andres C.Soguilon JD-1 Page 11 Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines their legitimate children. 16 However, in a case where the mother was originally a Catholic woman and when she separated from her Muslim husband, converted back into Catholicism: â€Å"The standard in the determination of sufficiency of proof, however, is not restricted to Muslim laws. The Family Code shall be taken into consideration in deciding whether a non-Muslim woman is incompetent. What determines her capacity is the standard laid down by the Family Code now that she is not a Muslim. †17 6.The Family Code, the Code of Muslim Personal Laws and the Constitution The Constitution defines marriage, as an inviolable social institution, the foundation of the family and shall be protected by the State. 18 The State shall defend the right of spouses to found a family in accordance with their religious convictions and the demands of responsible parenthood. 19 Some scholars especially from the Catholic Church are against divorce because not only does it contravene the teachings of the Bible but according to them it is also against the Constitution which mandates the State to protect marriage as an inviolable social institution. The author would like to believe that Muslim divorce is deemed to be a kind of divorce equivalent to an absolute abrogation of marriage.However, Muslim divorce is protected by the enactment of P. D No. 1083 which granted full autonomy and authority to Muslim’s customs and traditions the marriage relations between Muslims. The 1973 Constitution which is in effect when the Code of Muslim Personal Laws was enacted provides that â€Å"the State shall consider the customs, traditions, beliefs and interests of national cultural communities in the formulation and implementation of State policies. It is the author’s opinion that there is already a conflict between the two provisions arising from the enactment of P. D. No. 1083. However, it is doubtful 16 Bondagjy v Bondagjy, [2001], G. R. No. 140817 17 18Ibid The 1987 Philippine Constitution [1986], Article XV, Section 2 19 Ibid, Section 3 Andres C. Soguilon JD-1 Page 12 Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines if the question of constitutionality can be raised, considering the provision of Article XVII, section 3(2) of the same Constitution, which reads: â€Å"All†¦decrees.. promulgated, issued, or done by the incumbent President shall be part of the law of the land, and shall remain valid, binding and effective even after the lifting of martial law†20 20 Andres H. Hagad, Comments on the Muslim Code: A Paper on P. D. No. 083, Philippine Law Journal [1977] Vol. 52 Andres C. Soguilon JD-1 Page 13 Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines References: Articles: Andres H. Hagad, Comments on the Muslim Code: A Paper on P. D. No. 1083, Philippine Law Journal [1977] Vol. 52 Cases: Bondagjy v Bondagjy, December 7, 2001, G. R. No. 140817 Tamano v Ortiz, June 29, 1998, G. R. No. 126603 Zamoranos v People, G. R. No. 193902, June 1, 2011 Laws: The 1987 Philippine Constitution [1986] Presidential Decree No. 1083 [1977] The Family Code of the Philippines [1988] Andres C. Soguilon JD-1 Page 14