From administrative to political order? Global legal history, the organic law, and the constitution of mandate Syria, 1925–1930

2021 ◽  
pp. 1-20
Author(s):  
Adam Mestyan

Abstract This article explores the making of the State of Syria after the dissolution of the Ottoman Empire. I argue that an event-based approach in global legal history offers a useful perspective for studying the transition from imperial to international and national systems. Drawing on new archival research in France and Saudi Arabia, I focus upon the creation of the 1928 Syrian constitution in the League’s mandate to show the administrative framework of political orders. First, I describe the French administrative logic through the story of the international ‘organic law’. Second, I describe the way the organic law necessitated the Syrian political constitution. The constrained constitutional process resulted in a clash and a compromise about a Muslim president between secularist republicans and exiled, Saudi-related Muslim monarchists. Global history can profit from this approach by rethinking decolonization as administrative reorganization and by focusing on dissenting, non-state actors in state-making.

2021 ◽  
Vol 38 (1) ◽  
pp. 155-183
Author(s):  
Youssef Ben Ismail

Abstract The history of the Ottoman fez is usually told with the nineteenth century as a point of departure. In the 1820s and 1830s, the reforms initiated by Sultan Mahmud II (r. 1808–39) elevated the red felt cap to the rank of official headgear of the Ottoman empire. But little is known about its history prior to its adoption by the state: where did the fez come from and how did it become so prevalent in the Ottoman empire? This essay examines the global history of the fez in the seventeenth and eighteenth centuries. Taking Mahmud II’s reforms as an endpoint, it examines the process by which the headgear first came to be both culturally visible and commercially available in the Ottoman realm. Three aspects of this history are considered: the trans-imperial history of the fez as a commercial commodity, its cultural reception in the Ottoman world, and the establishment of a community of Tunisian fez merchants in early modern Istanbul.


2016 ◽  
Vol 14 (3) ◽  
pp. 93-99
Author(s):  
Игорь А. Исаев

The article deals with one of the most important issues in the Soviet political and legal history. The choice of the political form that was established almost immediately after the victory of the Bolsheviks in the Revolution of 1917, meant a change in the direction of development of the state. Councils became an alternative to the parliamentary republic. The article analyzes the basic principles of both political systems and the reasons for such a choice. The author emphasizes transnational political direction of the so-called “direct action” which took place not only in Russia, but also in several European countries.


2016 ◽  
Vol 1 (1) ◽  
Author(s):  
Nur Aris

Paper ini adalah archival research dengan content analysis sebagai metodenya yang bertujuan untuk menjelaskan dinamika yang terjadi pada kriteria penentuan awal bulan qamariah penanggalan Umm al-Qura Saudi Arabia. Berdasarkan data-data baik yang berupa dokumen atau tulisan anggota komisi supervisor penanggalan Umm al-Qura' dan korespondensi yang dilakukan dengan informan kunci, ditemukan bahwa: Pertama, dinamika kriteria penentuan awal bulan qamariah dalam penanggalan Umm al-Qura' merupakan produk dialog antar tiga kepentingan, yaitu: 1) kepentingan modernisasi birokrasi pemerintahan yang diwakili oleh kerajaan, 2) kepentingan syariat yang diwakili oleh ulama yang berbasis rukyat murni, dan 3) kepentingan ilmiah-astronomis yang diwakili oleh ilmuan di KACST. Dialog antar tiga kepentingan tersebut tidak terjadi sebelum 1393 H karena penanggalan Umm al-Qura' sebelum tahun tersebut merupakan penanggalan bulanan dengan kriteria rukyat. Pasca oil booming dan modernisasi birokrasi pemerintahan, penanggalan berbasis rukyat tidak lagi memadahi. Pemerintah Saudi Arabia membutuhkan sistem organisasi waktu jangka panjang berbasis tahunan. Persoalan ini membawa penanggalan Umm al-Qura' harus merubah kriterianya dari rukyat kepada kriteria hisab astronomis. Dialog antar tiga kepentingan di atas mulai muncul pada 1393 H, ketika Fad}l Ahmad diminta oleh pemerintah Saudi Arabia mengkompilasi penanggalan Umm al-Qura' untuk beberapa tahun ke depan. Fadl Ahmad sebagai seorang astronom menawarkan konjungsi sebelum pukul 00:00 GMT berbasis Universal Time (UT). Pada saat itu, kriteria tawaran Fadl Ahmad bisa diterima oleh para ulama, namun hanya sementara, karena pada tahun 1422 H kriteria penanggalan Umm al-Qura' diganti dengan Moonset after Sunset di Mekah. Ulama menolak dengan tegas penggunaan waktu UT (00:00 GMT) yang mereka anggap sebagai sistem waktu orang kafir, mereka menginginkan waktu Islam, maka waktu Mekah (zona +3) dijadikan sebagai referensinya. Kriteria konjungsi juga diganti karena seringkali hilal baru terlihat satu atau dua hari setelah tanggal yang ditentukan pada penanggalan Umm al-Qura'. Ketidaksinkronan antara penanggalan Umm al-Qura' pada periode kedua ini dengan praktek rukyat di Saudi juga menjadi dasar perubahan tersebut. Pada tahun 1423 H, kriteria penanggalan Umm al-Qura' mengalami perubahan lagi. Konjungsi yang pada periode ketiga (1420 H-1422H) dihilangkan, digunakan lagi. Kriteria penanggalan Umm al-Qura' pada periode ini terdiri dari dua parameter astronomis yaitu konjungsi sebelum Magrib dan Moonset after Sunset di Mekah. Kriteria ini sering disebut dengan wila>dah al-hilal syar’iyyan. Kedua, astronom dalam keanggotaan komisioner memegang peran penting dalam rumusan kriteria penentuan awal bulan dalam penanggalan Umm al-Qura' dalam setiap periode perkembangannya.


Author(s):  
Will Smiley

This chapter explores captives’ fates after their capture, all along the Ottoman land and maritime frontiers, arguing that this was largely determined by individuals’ value for ransom or sale. First this was a matter of localized customary law; then it became a matter of inter-imperial rules, the “Law of Ransom.” The chapter discusses the nature of slavery in the Ottoman Empire, emphasizing the role of elite households, and the varying prices for captives based on their individual characteristics. It shows that the Ottoman state participated in ransoming, buying, exploiting, and sometimes selling both female and male captives. The state particularly needed young men to row on its galleys, but this changed in the late eighteenth century as the fleet moved from oars to sails. The chapter then turns to ransom, showing that a captive’s ability to be ransomed, and value, depended on a variety of individualized factors.


2011 ◽  
Vol 38 (1) ◽  
pp. 5-22
Author(s):  

AbstractFor many communists working in the Soviet state apparatus during the 1920s, the state's continued employment of so-called “bourgeois specialists” (spetsy) was an ideological affront and an obstacle to proletarian advancement. In their eyes, until the spetsy were removed and workers staffed the institutions of the state, the revolution would be neither secure nor its promises fulfilled. Based on archival research, this article traces rank-and-file communists' attempts to remove one such specialist, N. A. Dobrosmyslov, from his position in the Tax Department (Gosnalog) of the People's Commissariat of Finances (Narkomfin). Dobrosmyslov had been a long-time official in the tsarist tax bureaucracy and had also worked for the Provisional Government in 1917. Communist opposition to him took the form of a denunciation campaign that focused on his alleged anti-Sovietism, his professional competence, his arrogant manner, his high salary, and his attempt to obtain a large pension from the government. The documents related to the case reveal the atmosphere of suspicion and often open hostility that surrounded the spetsy. They provide evidence of the contrasting evaluations of the spetsy made by leading communist administrators and by the lower-level communists who worked closely with them. They also show how important the issue of material compensation was for this latter group. Finally, the case provides an example of how biography could be interpreted and manipulated to serve particular ends, especially in the context of political and personal denunciation.


Author(s):  
Vasyl Ya. Tatsii ◽  
Yevhen M. Bilousov ◽  
Daryna S. Kosinova

The purpose of this article is to address current issues of doctrinal and legal security of economic security of the state with the actualisation of issues concerning the relationship between the concepts of “economic security” and “economic sovereignty” in their relationship and mutual understanding. The authors pay attention to the analysis of existing in the national legal doctrines of individual countries scientific approaches to the definition of “economic sovereignty”, clarify its main features, analyse the scientific approaches of domestic and foreign researchers to define the concept of “economic security” and on this basis own vision of the instrumental content of these definitions. It is argued that the concept of “economic sovereignty” is primary in relation to the concept of “economic security”. The article examines the national systems (models) of economic security of the state, including, in particular, American, Japanese, Chinese, models of institutional entities (in particular, the EU), models typical of countries with economies in transition. The authors found that Ukraine is characterised by a system (model) of economic security of countries with economies in transition, which is fragmented and inconsistent in its construction, which ultimately affects the state of economic security of the state as a whole. It was found that the main goal of Ukraine at this stage of its development in the context of building a national model of economic security is to create an effective system of means to overcome or minimise existing or potential threats, especially in the context of globalisation of trade and economic relations. The paper emphasises the need to borrow positive foreign experience of legal support of relations for the creation and implementation of national systems of economic security of the state to gradually transform Ukraine into an important participant in the processes of international economic security


2020 ◽  
Vol 12 (1) ◽  
pp. 87-99
Author(s):  
Munandzirul Amin

Democracy provides a place for us to learn to live with the enemy because only democracy allows tension and paradox, which comes from freedom, to occur in society. In contrast to the New Order era, we can now enjoy freedom of opinion and association. This freedom can in turn produce tension. The relationship between elements of society with one another, or the relationship between the state and elements of society, can be tense because of differences in interests in regulating social and political order. Meanwhile, Indonesian society witnessed the paradox which also originated from freedom. This, for example, is shown by the emergence of intolerant groups such as the Islamic Defenders Front (FPI) and Hizb ut-Tahrir Indonesia (HTI). Even organizations such as HTI are of the view that democracy is not in accordance with the teachings of Islam in terms of sovereignty in the hands of the people, what should determine that is the preogrative right of Allah SWT. The government in the view of HTI only implements sharia and determines administrative technical issues.


Author(s):  
Salma AlHajri ◽  
Donat Agosti

The State of Qatar is a small peninsula located in the northeastern part of the Arabian Peninsula. It is classified as a subtropical desert with an extreme harsh climatic conditions in summer and mild winter. Information on Formicidae of Qatar as well as its insect fauna is poorly documented. So far only six species of Formicidae (ants) belonging to five genera have been recorded from Qatar. At least 300 ant species have been recorded from the Arabian Peninsula (Collingwood et al., 2011). For instance, Collingwood and Agosti (1996) reported a list of 265 ant species in Saudi Arabia. Moreover, Collingwood et al. (2011) published a list of 126 ant species in UAE and Sharaf et al. (2018a) recorded 123 ant species from Oman. This indicates a significant gap regarding our knowledge of the ant fauna and their diversity in Qatar. This study provides the first taxonomic survey of the ant fauna of Qatar. Ant specimens were collected by using aspirator, direct hand collection, litter sifting and pitfall traps during the period of April 2015 to March 2019 from 43 sites around the country. In the present study, 45 species are newly recorded for the ant fauna of the state of Qatar increasing the total number of ant species from Qatar to 51 species, including one additional subfamily, and 16 additional genera.


2017 ◽  
Author(s):  
Yusrizal

The legal system in Malaysia State reflects the plural model which appears in English Malay Colony. Much of the area of life must be governed by a federal public body. The shariah Court in Malaysia known as the Shariah Court which is a judicial institution that speaks, and sentences to Muslims for civil and criminal misconduct according to the jurisdiction allocated to it. The Shariah Court has jurisdiction as stipulated by the Malaysian Constitution. While in Saudi Arabia Quran and Sunnah Rasulullah s.a.w is the Constitution of the State, and shariah as the basic law implemented by tribunals (courts) shariyah with ulama as Judges and counselors. The Saudi Arabia judiciary is formed based on Islamic shariah which is inseparable from the role of King Abdul Aziz bin Abdul Rahman as-Saud who plundered the territories


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