RELIGIOUS ETHICS AND THE MORAL FOUNDATIONS OF MARITAL PROPERTY RIGHTS: A PHILOSOPHICAL ANALYSIS OF SPOUSAL OWNERSHIP AND THE MARRIAGE LAW
Jiaxu Wei
Law School, University of New South Wales, NSW, Australia
DOI: https://doi.org/10.24204/ejpr.2025.4671
Abstract
The ethical and philosophical foundations of marital property rights have profound implications not only for legal structures but also for religious and moral frameworks governing marriage and family life. In many religious traditions, the joint property of spouses is not merely a legal matter but is deeply intertwined with theological understandings of marital unity, stewardship, and moral responsibility. This study examines the ethical logic underpinning the right to dispose of joint marital property in the context of the Marriage Law, incorporating religious and philosophical perspectives on ownership, duty, and justice within the marital relationship. Building upon legislative ethical principles, this research explores the application of spousal property rights through a normative and moral lens. A structured assessment is conducted using a questionnaire designed to evaluate the ethical and normative dimensions of legal provisions governing the disposal of joint marital property. Findings reveal significant inconsistencies in judicial rulings concerning spousal property rights, where similar factual circumstances yield differing legal outcomes based on interpretative variances. The study underscores the necessity of standardizing and improving legal frameworks while considering their ethical and theological coherence. Although the legality and rationality of current legislation are relatively well-established, the enforceability of these provisions remains inadequate, with a low assessment score of 2.51, highlighting the need for further revisions to ensure moral and practical effectiveness. This research contributes to the broader discourse on the intersection of religious ethics, legal philosophy, and marital property law. By incorporating perspectives from Christian, Islamic, and Confucian traditions on marital stewardship and economic justice, it advocates for a more holistic approach to legislative reform that aligns legal norms with ethical and spiritual principles. Future studies should further explore how theological conceptions of marriage, family responsibility, and shared ownership can inform legal interpretations and enhance the moral legitimacy of marital property laws in diverse cultural and religious contexts.
Keywords: Ethical Logic, Normative Assessment, Marriage Law, Right to Dispose of Joint Property of Husband and Wife