Civil Family Law: The Origin of the Law

Assalamualaikum and hello to all.

The civil family law is suggested to be originated from the ancient Roman society which practised the Roman law. The Roman law practised a unique family system which we may today oppose as being inhuman or bias. In a typical Roman family, it was headed by the male head of the family known as the pater familias. The pater familias indeed had absolute powers or patria potestas over the family in all matters and the powers could not be challenged at all. Examples of the powers were: the power to the life and death of the family, the power to sell the family, the power to control the family marital affairs, and the power to determine custody and visitation rights. In addition, the powers of the pater familias would continue until his death. As such, the powers through patria potestas would then dominate the civil family law not only in Rome but also other countries through invasion and war. In short, the civil family law was developed based on the dominant of male in the society in the past.

Wassalam and thanks.