Us versus Them: The Debates on the Legislation of Same-Sex Marriage (1994 – 2015) in Taiwan

Lee, I-Ching; Lin, Wei-Fang

doi:10.1080/00918369.2020.1848148

Cited by 9 publications

(4 citation statements)

References 54 publications

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“…Resolution 843 affirms the supremacy of the UDHR over any customs and expanding marriage rights to same-sex couples have not produced a consensus among those who accept these rights. 58 In another study that juxtaposed human rights with the noble values of the state, Pancasila, it was found that, philosophically, same-sex marriage is contrary to the values contained in Pancasila as a fundamental norm in Indonesia. On the other hand, sociologically, same-sex marriage does not align with the culture of a nation whose citizens uphold religious values.…”

Section: The Relevance Of Maslahah Ihdad and Human Rights Issuesmentioning

confidence: 99%

The Relevance of Ihdad Regulations as a Sign of Mourning and Human Rights Restriction

Zaidah,

Raihanah Abdullah

2024

JHCLS

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Ihdad is a form of mourning carried out by families. The sharia mandates ihdad for women who have lost their husbands. There is no fiqh regarding ihdad for husbands. It often gives rise to the perception that there is a tendency to discriminate against women. However, customary law has regulations for mourning periods for husbands. This article aims to determine the relevance of Islamic law in regulating the mourning period for women and men with the value of protecting human rights. The research was carried out normatively by comparing shariah, positive legal regulations in Indonesia, notably the customs of the Banjar community, and regulations in Malaysia. The theories underlying this research include customary law theory, al-maslahah, and human rights protection. The results of this research illustrate that Islamic fiqh does not regulate ihdad for husbands. In Indonesia, KHI regulates the mourning period (ihdad) not only for wives but also for husbands. Meanwhile, in Malaysia, there is no ihdad for husbands, and the rules are explicit in the Enactment of the Islamic Family Law. The customary law of the Banjar community regulates the mourning period for the husband by not remarrying and not interfering with inheritance matters during the mourning period for a period of one hundred days. Customary laws that do not conflict with sharia and meet the requirements for implementing 'urf can be implemented. Ihdad is and will continue to be relevant to protecting human rights by prioritizing the values of maslahah and respect. The rules in Indonesia and Malaysia are based on Islamic law, considering religious and humanist values in the form of leniency.

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Section: The Relevance Of Maslahah Ihdad and Human Rights Issuesmentioning

confidence: 99%

The Relevance of Ihdad Regulations as a Sign of Mourning and Human Rights Restriction

Zaidah,

Raihanah Abdullah

2024

JHCLS

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“…Furthermore, long before the SSM legislation, legal recognitions of gender and sexual orientation equality in Taiwan were achieved through the Gender Equity Education Act (2004) and the revised Act of Gender Equality in Employment (2008) that banned sexuality-based discrimination at school and at work, respectively, which laid the foundations for further public discussions and debates over SSM (Wei 2020, 2). In 2006, then-legislator Hsiao Bi-Khim (蕭美琴) first attempted to submit a draft SSM Act to the parliament (Lee and Lin 2022, 656). In 2012, TAPCPR publicly launched the drafts of three innovative and progressive bills for “diverse family formation” to advocate for both SSM and other alternative forms of cohabitation, which significantly raised public awareness of SSM and contributed to the public debates over the meaning of “marriage” and “family” for same-sex couples (see Chien 2012; Chin 2020; Hsu 2015).…”

Section: Taiwan's Road To Ssmmentioning

confidence: 99%

Taiwan's Same-Sex Marriage Legislation: Social Movement Strategies and Relational Dynamics

Wei

2023

J. East Asian Stud.

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In 2019, Taiwan became the first in Asia to legalize same-sex marriage (SSM). This article considers the social movement strategies and relational dynamics of three activist groups in the year leading to the landmark SSM legislation, respectively representing the “yes,” “no,” and “alternative” agendas in the public debates and social mobilization around the issue of equal marriage rights. Through a critical study of the three cases, this article examines how various campaigners shaped local SSM discourses and mobilized people to support, oppose, and question marriage equality, focusing on their social mobilization strategies and inter-group relational dynamics under Taiwan's political and legal structures. In so doing, it proposes a hybrid theoretical model to understand complex social movement and countermovement relations and dynamics.

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“…Though legality seemed at the forefront of the debate, it was the redefinition and reconfiguration of marriage and family, traditionally a private domain, that aroused controversy. While the supporters stressed marriage equality and human right, the opponents often framed their opposition around the protection of family, children, and the traditional values (Chiang and Su, 2022; Lee and Lin, 2022; Wang, 2020). Chin (2020) examines how gendered familial appellations became an issue in the SSM debates in Taiwan, providing a telling example of how the attempt to use gender-neutral terms in the law raised opponents’ concern about gender order in the family domain.…”

Section: The Legalization Of Ssm In Taiwan and The Two Mother Bloggersmentioning

confidence: 99%

Mothers as stancetakers: Intertextuality in same-sex marriage debates in Taiwan

2022

Discourse & Society

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This paper explores the Taiwanese same-sex marriage debates from a particular analytical perspective: (1) how the identity as a mother is employed as stancetaking moves in both the supporting and opposing discourses, and (2) how stances are taken through intertextual links among the same-sex marriage-related discourses and the larger discourses concerning motherhood. It examines the online posts of two mother bloggers, focusing on how evaluative stances and parodic frames are achieved and how intertextual links help both bloggers to align or misalign themselves with particular value positions. The analysis reveals how the mother identity, traditionally situated in the private sphere, can be mobilized to advance arguments in political debates. It also exemplifies the ideological contestation about motherhood and family in Taiwan, where traditional Chinese cultural ideologies and Western influences co-exist.

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Us versus Them: The Debates on the Legislation of Same-Sex Marriage (1994 – 2015) in Taiwan

Cited by 9 publications

References 54 publications

The Relevance of Ihdad Regulations as a Sign of Mourning and Human Rights Restriction

The Relevance of Ihdad Regulations as a Sign of Mourning and Human Rights Restriction

Taiwan's Same-Sex Marriage Legislation: Social Movement Strategies and Relational Dynamics

Mothers as stancetakers: Intertextuality in same-sex marriage debates in Taiwan

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