Some Notes on the Feudal System of the Mamlūks

1937 ◽  
Vol 69 (1) ◽  
pp. 97-107 ◽  
Author(s):  
A. N. Poliak
Keyword(s):  
Islamic Law ◽  
Arab World ◽  
Point Of View ◽  
The West ◽  
Literary Sources ◽  
Economical Development ◽  
Mongol Empire ◽  
The Right ◽  
The Military ◽  
Technical Terms

The feudal system of the Mamlūks is of great interest not only because it existed for 267 years in the leading state of the Arab world and left some permanent marks on the subsequent social and economical development of Egypt, Syria and Palestine, but also from the sociological point of view, being the result of an intermixture of three various feudal systems which corresponded to peculiar cultural worlds: the Mongol, the Islamic, and the West European. The fundamental principles were borrowed from the Mongol Empire and consequently all the lawsuits relating to the fiefs were settled not by the qāḍīs and according to the Islamic Law, but by the military judges (ḥujjāb) and according to the laws based upon the rules of Chingiz Khān. The technical terms used in the official Arabic-written documents and in the Arabic literary sources were partly borrowed from the terminology of the Islamic Law, but their sense was considerably removed from their ancient meanings—which may signify that they were now used only as more or less faithful translations of the terms employed in the Turkish dialect of the Mamlūks. The Western feudalism, brought to Syria by the Crusaders, influenced the Mamluk system chiefly through the medium of the native tribal chieftains, who after having been vassals of the kingdom of Jerusalem were gradually becoming feudatories of the Sultan of Cairo, and sometimes received the feudal charters from both powers at the same time. In the charters granted by the Latin rulers of Sidon (in 1256) and Beirut (in 1280) to two chieftains of the Buḥturide family the term “fief” is translated by the word shahāra, which means “a land given in reward for a service”, but the word mulk is also used, as well as the verbs a'ṭā and wahaba which usually refer to the unconditional transfers of the right of possession.

scholarly journals صورة الإسلام والمسلمين في وسائل الإعلام الغربية(الإعلاموفوبيا)

2020 ◽  
Vol 16 (1) ◽  
pp. 268-330
Author(s):  
د.عثمان محمد دفع الله علي القُرجي
Keyword(s):  
Analytical Approach ◽  
Western Civilization ◽  
Large Role ◽  
The West ◽  
Distorted Image ◽  
The Media ◽  
The Right ◽  
The Military ◽  
The Relationship ◽  
Western Media

The relationship between Islam and the West finds that this relationship has witnessed not only short periods of conflict and congestion, but often the military confrontation. Western societies have recently witnessed a wave of racist practices, forms of hostility and discrimination against Islam and Muslims, Under the name (Islamophobia)), , This fear is played by the Western media machine a large role has become the orientation of all strategies and plans to distort the image of Islam and Muslims, which is familiar with the term (al'iielamufubia), we find this research monitors many of what the Western media in the right of Islam and Muslims and the Prophet of Islam, And Muslims in the Western media (al'iielamufubia), and this research is of great importance in order to respond to the falsehoods and accusations that are attached to Islam, and to clarify the distorted image drawn in the West, by the Western media, the researcher followed in this study descriptive analytical approach to analyze issues And the implications of this phenomenon and the results of the work, and the questions of this study: How the influence of the media in shaping the Western consciousness? Who is behind the phenomenon of the media and this negative picture? , And the study has reached the results and the most important: The typical descriptions that are presented to Muslims in general in the Western media are like the adoption of extremism and violence and bloodshed and polygamy and rejection of integration and enemies of Western civilization, and ah Recommendations recommended by the study:, The comprehensive discourse that reaches all people, which stems from the universality of Islam, combines all the meanings of religion and covers all its aspects, does not set aside at the expense of one side, and does not care about without concern, but calls for religion as a whole contemporary discourse linking the original era.

Tax Law in Crimea in the Light of Two Yarlıks

2011 ◽  
Vol 38 (4) ◽  
pp. 429-466
Author(s):  
Recep Cigdem
Keyword(s):  
Ottoman Empire ◽  
Islamic Law ◽  
Tax Law ◽  
Independent State ◽  
The Crimea ◽  
Female Slave ◽  
The Right ◽  
The Military ◽  
Shed Light ◽  
Different Parts

AbstractThis article examines two yarlıks about the taxation issued by the governor of autonomous Crimea in June 1609. Two other documents about a female slave dated June 1677 involving the dignitaries of Crimea are also examined. The main aim of this work is to find out whether or not the provisions of the statutes (kanun) of the mainland, Istanbul, were also applied in other autonomous provinces. This article tries to shed light on tax regulations in different parts of the Ottoman Empire and to contribute to our understanding of yarlıks. The Crimean khanate which was established as an independent state around 1420 became a vassal state of the Ottoman empire in 1475 when Mengli Giray recognized Sultan Mehmet II as his suzerain. A Crimea-Muscovy alliance supported by the Ottomans led to the emergence of the Muscovite state as the dominant power in the region. The Russians and the Ottomans had peaceful relations until the middle of the 17th century. From that time onwards, conflicts started to appear and led Russia to invade and annex the Crimea. Although khans were appointed and dismissed by the Ottoman sultans, they were able to maintain independent judicial and financial institutions. The judges were appointed and dismissed by the military judge of the Crimea. The shari'a courts and the diwan (council) were the two main bodies of the judicial system. The trials were conducted by a single qadi/judge in the shari'a courts. Although litigants or defendants had the right to apply to the diwan to review his/her case, the system of appeal in the modern sense was not recognized. Islamic law, custom and the statutory laws constituted the law of the Crimea. In cases of contradiction between custom and governmental orders, custom would prevail. Certain fiscal laws that applied in the mainland of the Ottoman empire were not in practice in the Crimea.

scholarly journals V.—Records of the Manor of Durrington, Wilts

Archaeologia ◽  
1904 ◽  
Vol 59 (1) ◽  
pp. 75-82
Author(s):  
T.F. Kirby
Keyword(s):  
Thirteenth Century ◽  
The Other ◽  
The West ◽  
Military Camp ◽  
East End ◽  
The Right ◽  
The Military ◽  
The Village

The village of Durrington is situate on the right bank of the river Avon, about three miles north of Amesbury; the village of Bulford, where the military camp is, being on the other side of the river.There are two manors in the parish, which contains only 2,702 acres, the east end manor and the west end manor. It is to the east end manor that I am about to refer. In the thirteenth century it belonged to a family of the name of Nevill. I exhibit the counterpart of a grant of the manor by Hervey de Nevill to the nuns of Amesbury for the term of three years in consideration of forty marks down and twenty more in expectancy.

scholarly journals The Place and Potential Role of the OSCE in the Changing Architecture of European Security

2019 ◽  
pp. 27-40
Author(s):  
Viktor Mizin
Keyword(s):  
Point Of View ◽  
European Security ◽  
The West ◽  
European Continent ◽  
Legal Norms ◽  
Strategic Stability ◽  
Post War ◽  
Key Aspects ◽  
The Military ◽  
Crisis Situations

The article analyzes the key aspects of the development of relations between Russia and the OSCE from the point of view of the complex issues of Euro-Atlantic security. According to the author, the acсession of Crimea to Russia and the crisis around Ukraine have further exacerbated the preceding tensions in bilateral relations. Today, they are much like the Cold war confrontation. In Europe, the military confrontation is now intensifying. Today Moscow is openly accused of undermining the foundations of the post-war order in Europe, of illegal steps to break the generally accepted international legal norms, of aggressive intentions that threaten European stability. At the same time, the existence of significant distrust between Russia and the West does not mean that we should wait for some pause, abandon attempts to take constructive steps to re-establish cooperation. Such an approach would be counterproductive – especially since both sides are sending, albeit muted, signals of readiness for dialogue. In this situation, the author proposes a number of initial steps that could increase the level of trust between the parties, would ideally move to a meaningful dialogue on the future of the European security architecture. Various OSCE mechanisms could play a useful role. The author emphasizes the importance of increasing the effectiveness of the OSCE-originated crisis mechanisms in the context of the erosion of strategic stability on the European continent as a result of the unprecedented deterioration of relations between Russia and the West. Special emphasis is placed on modernization of the crisis management potential of the OSCE and promotion of dialogue between the West and Russia, including the establishment of a novel consultative platform in the framework of the OSCE to discuss emerging crisis situations. A number of specific confidence-building measures are proposed to restore dialogue and find solutions to crisis situations in the region.

scholarly journals UŻYWANIE DRONÓW W CELU ZWALCZANIA TERRORYZMU ŚWIETLE ‘IUS AD BELLUM’

2016 ◽  
Vol 16 (2) ◽  
pp. 141 ◽  
Author(s):  
Łukasz Kułaga
Keyword(s):  
International Law ◽  
Use Of Force ◽  
Point Of View ◽  
International Terrorism ◽  
Controversial Issues ◽  
Legal Regulations ◽  
Definition Of ◽  
The Right ◽  
The Military ◽  
Self Defence

The Use of Drones in Combating International Terrorism from the Perspective of ‘ius ad bellum’Summary The increasing practice of using armed unmanned aerial vehicles (military UAVs, commonly known as drones) by some countries to eliminate suspected terrorists raises a number of controversies from the perspective of international law. These controversies are also related to the specific features of military UAVs, which make it possible to kill targeted individuals without risk to the military personnel of the country concerned, and thereby may encourage the abusive interpretation of the applicable legal regulations. This article discusses these issues from the perspective of ius ad bellum, in particular the right to self-defence. It shows the main controversial points on the scope of invoking the right to self-defence in such cases, in particular the possibility of invoking the right to self-defence in response to an attack by a non-state entity, the question of pre-emptive self-defence, the importance of the severity of the force used as a condition allowing for the use of force in self-defence, and the relevance of the principles of proportionality and necessity. The article also presents an outline of the vast and highly controversial issues associated with the definition of terrorism from the point of view of international law.

scholarly journals Hydrogeological functioning of the tablecloth of the Midelt Furrow (High Moulouya, MOROCCO)

2018 ◽  
Vol 37 ◽  
pp. 01002
Author(s):  
H. Ikhmerdi ◽  
A. Boukdir ◽  
A. Kossir ◽  
L. Alili ◽  
E. Ben-Said
Keyword(s):  
Water Quality ◽  
Point Of View ◽  
Flow Mode ◽  
Left Bank ◽  
Geological Data ◽  
The West ◽  
High Atlas ◽  
The Poor ◽  
The Right ◽  
Different Levels

The superficial tablecloth of furrow of Midelt belongs to the bowl of High Moulouya which stretches out from the west eastward between the High Atlas in the South and the Medium Atlas west and in the Northeast. The methodology used includes the synthesis of geological data, piezometry, hydrodynamics, hydroclimatology and water quality. This study provides the following results: The flow mode of the water table is general SW to NE on the left bank of the Moulouya river and on the right bank, the flow is from the NW to the SE. The piezometric ratings vary from 1460 to 1780 m. The hydraulic gradient is the order of 2% on average. The transmissivity is usually about 10-3 m2/s. the punctual flows can reach 50 l / s (case of the drilling N ° IRE 879/38 realized in the alluviums of the Outat). The flow provided by the sources from conglomerates and lake limestones of the Plio-Villafranchien is 50 l / s. The unit of the Mio- Plio-Quaternary aquifer is fed from the infiltrations of rains, by the wadis which cross the banks of the conglomerates and by the landing of the tablecloths of Lias, Dogger and Cretaceous this feeding is however weak in because of the discontinuity of the formations and the poor permeability of the different levels. From a qualitative point of view the groundwater analysis of the aquifer shows that their overall quality is average to good.

IV. The Proposed Madrid Conference on Morocco, 1887–88

1965 ◽  
Vol 8 (1) ◽  
pp. 72-94
Author(s):  
F. V. Parsons
Keyword(s):  
Twentieth Century ◽  
International Politics ◽  
Direct Action ◽  
Point Of View ◽  
The West ◽  
Strategic Position ◽  
Fait Accompli ◽  
The Mediterranean ◽  
The Right ◽  
Active Policy

The future of Morocco was not an issue which suddenly began to agitate international politics at the beginning of the twentieth century, as a sort of left-over of imperialism belatedly brought to mind. ‘We are living… on the crater of a Volcano’ was neither a new, nor untypical view of the situation as seen from Tangier in 1881. Britain had already made an attempt to regenerate the ‘sick man of the West’, before he could cause as many complications as the fellow Muslim invalid to the East, by taking the initiative which led to the Madrid Conference respecting the right of Protection of Moorish Subjects in 1880. But this was not a success. Nor did the attempts which followed to persuade the so-called Shereefian Empire, in its vital strategic position at the entrance to the Mediterranean, to provide itself with the revenue, tools and incentive necessary for reform by the conclusion of a liberal commercial treaty, gain their objective. France also was concerned with Morocco, and the Algerian military point of view, which stressed the security danger of allowing any other power to establish preponderant influence there, was gradually gaining ground. One French minister at Tangier, Ordega, had gone as far as to try and present his government in 1884 with the fait accompli of a revolution in Morocco, with a French protégé on the Moorish throne. But the Paris authorities were not willing, or at this stage even able, to sanction such a forward policy. Spain was the power which, at official level, had long considered it had the right of reversion to the Moorish heritage. But internal weakness precluded direct action, and Spanish governments were reduced to other approaches. The negative one, associated with the conservative statesman Cánovas del Castillo, stressed the need to ‘prolong the dying agony of Morocco’, until Spain had recovered sufficiently to claim her rights. Others, however, argued for a more active policy, and they had an opportunity in the ‘Liberal’; ministries of the 1880's. It is in this context that the activity of Segismundo Moret, Minister of State from November 1885, was of relevance in bringing Morocco further into the international arena.

The Country of “Yellow Lord”: Russia in the Context of the Perception of Europe by the Population of Arabic Mediterranean in the Early Modern Time

Istoriya ◽  
2021 ◽  
Vol 12 (7 (105)) ◽  
pp. 0
Author(s):  
Taras Kobishchanov
Keyword(s):  
Early Modern ◽  
Arab World ◽  
Point Of View ◽  
Modern Times ◽  
Extensive Field ◽  
Binary Oppositions ◽  
Close Cooperation ◽  
The Mediterranean ◽  
Early Modern Times ◽  
The Military

The evolution of the identification of imaginary communities, including through group oppositions ‘Friend-Foe’, is one of the least studied phenomena of the historical process. The Muslim-Christian look at each other across the Mediterranean provides an extensive field of research in this regard. In recent decades the scientists prefer to talk about the Mediterranean World as a single space that not only divides but connects the Arab-Muslim and Eastern- and Western-European civilizations. This point of view stands up to the still popular binary oppositions as “East vs. West” or “Christian world vs. Muslim world”. The simplicity of such approach considering the humanity to be divided to culturally incompatible and religiously hostile civilizations is proved in particular by numerous connections between the inhabitants of Europe and the Middle East at the early Modern times. Russia has entered into the close cooperation with the Arab world in the 16th — 18th centuries: first through pilgrim-ages and inter-Orthodox contacts, and in the Catherine epoch by organizing the military invasion of the region. The presented article is about how different groups of Arabs, — Muslims and Christians, people of religion and secular rulers, — were perceiving Europe in general and Russia in particular at the early Modern times.

KEWENANGAN PERADILAN MILITER DALAM MEMERIKSA DAN MENGADILI TINDAK PIDANA PENYALAHGUNAAN SENJATA API

2021 ◽  
Vol 3 (1) ◽  
pp. 20
Author(s):  
A. Rahmani Samsul ◽  
Hasta Sukidi ◽  
Supardin Supardin
Keyword(s):  
Data Collection ◽  
Criminal Law ◽  
Islamic Law ◽  
Field Research ◽  
Research Approach ◽  
Collection Method ◽  
Data Collection Method ◽  
The Right ◽  
The Military ◽  
Military Discipline

AbstrakTujuan dari penelitian ini untuk mengetahui proses penyelesaian Pidana yang dilakukan oleh Prajurit TNI dan untuk mengetahui perbuatan Melanggar hukum Pidana dalam Penyalahgunaan Senjata Api yang di Tinjau dari Perspektif Hukum Islam. Penelitian ini termasuk penelitian lapangan atau field research kualitatif deskriptif dengan pendekatan penelitian yang digunakan adalah normatif dan yuridis.Adapun sumber data di penelitian ini ialah Hakim Militer dan Oditur Militer disertai Undang-Undang dan informasi media serta dari Al-Qur’an. Dengan menggunakan metode pengumpulan data yang digunakan adalah membaca dan menelusuri buku yang berkaitan dengan observasi, interview dan dokumentasi. Hasil penelitian ini menjelaskan tentang pandangan hukum islam terhadap kasus Penyalahgunaan Senjata Api yang dilakukan oleh Prajurit TNI yang melanggar norma atau aturan yang mendasar dari seorang Prajurit TNI. Maka penyelesaian perkara akan ditangani langsung oleh Atasan yang Berhak Menghukum (Ankum) yang akan menyelidiki terlebih dahulu dan menggolongkan pelanggaran tersebut sebagai disiplin Militer atau Tindak Pidana Militer dan selanjutnya akan diproses melalui persidangan dalam rana peradilan Militer XIV. Implikasi dari penelitian ini adalah Prajurit TNI seharusnya mematuhi aturan yang berlaku pada setiap peraturan yang diterapkan pada lingkungan Militer. Dalam Penyalahgunaan senjata Api seperti ini akan membuat masyarakat menjadi takut kepada seorang Prajurit TNI dan membuat nama baik seorang Prajurit TNI tercoreng.Kata Kunci: Aturan, Senjata api, Yuridis AbstractThe main problem of this research is is to determine the criminal settlement process carried out by TNI soldiers and to find out the acts of violating the criminal law in the misuse of firearms which are reviewed from the perspective of Islamic law. This research includes field research or descriptive qualitative field research with the research approach used is normative and juridical. The sources of data in this study are Military Judges and Military Prosecutors accompanied by laws and media information as well as from the Qur'an. By using the data collection method used is reading and browsing books related to observation, interviews and documentation, the results of this study explain the views of Islamic law on the case of the misuse of firearms by TNI soldiers who violate the basic norms or rules of a TNI soldier. Then the settlement of the case will be handled directly by the Superior with the Right to Punish (Ankum) who will investigate first and classify the violation as a Military discipline or Military Crime and will then be processed through a trial in the military court XIV. The implication of this research is that TNI soldiers should obey the rules that apply to every regulation applied to the military environment. In the misuse of firearms like this, people will be afraid of a TNI soldier and tarnish the good name of a TNI soldier.Keywords: Rules, Firearms, Juridical

scholarly journals DALUWARSA DALAM PENUNTUTAN PIDANA PERSPEKTIF HUKUM PIDANA ISLAM

2016 ◽  
Vol 2 (1) ◽  
pp. 128-157
Author(s):  
Firdaus Firdaus
Keyword(s):  
Criminal Law ◽  
Islamic Law ◽  
Point Of View ◽  
Criminal Prosecution ◽  
The Right ◽  
Muslim Scholars

Abstract: This article discusses the different point of view among the Muslim scholars about whether expired can abolish the punishment or not according to Islamic criminal law. Majority of Muslim scholars view that it cannot abolish the punishment. For those who hold the principle of expiry, they do not consider it as a penalty cancellation for entire jarîmah. Islamic law sees expired is only included to cancel the right to carry out the sentence. Thus, in the perspective of Islamic criminal law, any persons who have committed a crime and it has not yet sentenced and has already expired, it does not mean that the criminal is not removed. This means that a person who commits criminal act and it is prosecuted at any times, so the case can be tried. While the expired is valid only when the crime carried out by someone has got the judge's ruling, so that the perpetrator is serving as the judge ousted.Keywords: Expired, criminal prosecution, Islamic Criminal Law.                                Abstrak: Artikel ini membahas tentang daluarsa dalam penuntutan pidana perspektif hukum pidana Islam. Dalam hukum pidana Islam, di kalangan Ulama masih diperselisihkan, apakah daluwarsa dapat menghapuskan hukuman atau tidak. Menurut kebanyakan fuqaha, daluarsa tidak menghapuskan hukuman bagi seluruh jarîmah. Daluwarsa hanya masuk dalam bagian yang menghapuskan hak untuk melaksanakan hukuman. Dengan demikian, dalam perspektif hukum pidana Islam, setiap orang yang telah melakukan tindak pidana dan terhadap perbuatan pidana itu belum sampai dijatuhi hukuman, maka meskipun sudah daluwarsa, pidana tidak menjadi hapus. Ini berarti orang yang melakukan tindak pidana kapan waktu saja dapat dituntut atau perkaranya dapat diadili. Sedangkan daluwarsa hanya berlaku manakala tindak pidana yang telah dilakukan  seseorang  itu  telah  mendapat putusan  hakim  sehingga  orang tersebut harus menjalani hukuman sebagaimana yang telah dijatuhkan hakim.Kata Kunci: Daluarsa, penuntutan pidana, hukum pidana Islam. 

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