Thefatwāas an instrument of the Islamization of a tribal society in process of sedentarization

1991 ◽  
Vol 54 (3) ◽  
pp. 449-459
Author(s):  
Aharon Layish
Keyword(s):  
Twentieth Century ◽  
Legal Issue ◽  
Classical Sense ◽  
Legal Documents ◽  
Personal Status ◽  
Tribal Society ◽  
Legal Opinion

Thefatwāis the legal opinion of a jurist not institutionalized in the classical sense: it is intended to elucidate, at the request of an inquirer, the position as to a legal issue; it is not binding on the inquirer or anyone else; unlike the judgement of aqāḍī, it is not enforceable. Thefatwāthat is the object of this paper belongs to a collection of legal documents gathered from tribal arbitrators in the Judean Desert and from the archives ofsharī‘acourts. Those documents deal with various legal matters: personal status, torts (homicide and assault), contracts and property, land, etc.; most date from the twentieth century and some from the last quarter of the nineteenth. The collection has been used in research on the Islamization of tribal society in the Judean Desert in process of sedentarization.

Custom and Sharī'a in the Bedouin family according to legal documents from the Judaean Desert

1979 ◽  
Vol 42 (1) ◽  
pp. 29-45 ◽  
Author(s):  
Aharon Layish ◽  
Avshalom Shmueli
Keyword(s):  
Twentieth Century ◽  
Sixteenth Century ◽  
Small Groups ◽  
The South ◽  
Legal Documents ◽  
The North ◽  
Personal Status ◽  
Tribal Society

This paper, by means of original Bedouin documents relating to matters of personal status, attempts to disclose interaction between custom and sharī'a and to illuminate some of the mechanisms tending to complete the islamization of a tribal society in process of sedentarization. The Bedouin dealt with here are a group of tribes in the Jerusalem-Bethlehem region: al-Sawāhira (c. 6,000 persons now) east of Jerusalem, al-'Ubaydiyya (c. 5,500) east of Bayt Saḥūr, the 13 al-Ta'āmira tribes (c. 20,000) extending over a sector east of Bayt Saḥūr in the north to Bayt Fajjār in the south, and al-Rashā'ida (c. 500) south-east of Taqū'a. Most of these tribes originate from Ḥijaz and Najd. They appeared in the region in small groups from the sixteenth century and in time developed into tribes, while absorbing local fallāḥs. Their main numerical increase took place in the twentieth century.

The Hut-Hospital as Project and as Practice

2018 ◽  
Vol 62 (2) ◽  
pp. 76-97 ◽  
Author(s):  
Cristiana Bastos
Keyword(s):  
Twentieth Century ◽  
Indigenous Population ◽  
Three Dimensional ◽  
Indigenous Populations ◽  
Medical Assistance ◽  
Legal Documents ◽  
History Of ◽  
Conference Papers ◽  
Plaster Models ◽  
Different Sources

This article analyzes one kind of colonial equipment designed in the early twentieth century for the purpose of providing medical assistance to the indigenous populations of Angola and Mozambique. I will refer to it as a ‘hut-hospital’, although it had several forms and designations. The layout of hut-hospitals consisted of a main building and a number of hut-like units that were supposedly more attractive to the indigenous population and therefore more efficient than the large, rectangular buildings of the main colonial hospitals. Using different sources, including three-dimensional plaster models of hut-hospitals, photographs, legal documents, and 1920s conference papers and articles, I will investigate the relatively obscure history of this colonial artifact while exploring the use of imitation as part of the repertoire of colonial governance.

scholarly journals International legal regulation of the rights of persons with disabilities: problems of formation and development

2021 ◽  
Author(s):  
Serhii Viktorovich Maidanik
Keyword(s):  
Twentieth Century ◽  
Labor Market ◽  
International Law ◽  
International Cooperation ◽  
Public Life ◽  
Legal Protection ◽  
Legal Regulation ◽  
Disability Policy ◽  
Persons With Disabilities ◽  
Legal Documents

At the level of international legal regulation disability policy is currently one of the priority areas. However, such attention to the international legal protection of the rights of persons with disabilities has not always been the case, as the problems of persons with disabilities have long remained unnoticed by the international community. Rare attempts to improve the situation with persons with disabilities were usually limited to medical protection and integration into the labor market, while the task of their full and actual involvement in public life was not even set. The article analyzes the preconditions, reasons and features of the evolution of the system of international legal protection of the rights of persons with disabilities, as well as examines the transformation of approaches to defining the concept of "disability" at the level of international law. The article defines the main stages of the formation of international cooperation in the field of protection of the rights of persons with disabilities. The article presents the results of the analysis of international legal documents on disability policy for the period from the beginning of the twentieth century to 2020.

Introduction

2018 ◽  
Author(s):  
Uriah Kriegel
Keyword(s):  
Twentieth Century ◽  
Unified Theory ◽  
Classical Sense ◽  
Philosophical System

This introductory chapter presents some metaphilosophical and historical reasons to take interest in Brentano. Historically, Brentano’s influence runs much deeper, at a subterranean level, than a cursory acquaintance with the prehistory of twentieth-century philosophy might suggest. Metaphilosophically, Brentano’s conception of philosophy itself – how and why it is to be done – merits attentive consideration. For Brentano combines a methodological commitment to the analytic rigor with the philosophical ambition of crafting a grand philosophical system in the classical sense, attempting to produce nothing less than a unified theory of the true, the good, and the beautiful.

scholarly journals The Role of Legal Opinion as Legal Problem Solving Method

2020 ◽  
Vol 3 (1) ◽  
pp. 19-27
Author(s):  
Herowati Poesoko ◽  
Anak Agung Sagung Laksmi Dewi
Keyword(s):  
Problem Solving ◽  
Research Method ◽  
Legal Issues ◽  
Legal Issue ◽  
Legal Problem ◽  
Legal Research ◽  
Depth Of Knowledge ◽  
Legal Opinions ◽  
Legal Opinion

This study aims to describe Legal Opinion as a Legal Problem Solving Method. The method used in this study is normative legal research; meanwhile the approach used in this study is legal research method. The results revealed that firstly based on legal issues which certainly cannot be separated from the field of law to be studied, while the preparation of legal opinions depends on the depth of knowledge of the legal field what will be found, it is seen in the analysis used in order to find legal problem solving that can be prescription of the legal issue. Therefore, the role of legal opinion in the structure of the layer of legal science can be useful as a method in developing practical law or in developing theoretical law.  

scholarly journals Kedudukan Legal Opinion sebagai Sumber Hukum

2020 ◽  
Vol 2 (1) ◽  
pp. 54
Author(s):  
Ery Agus Priyono ◽  
Kornelius Benuf
Keyword(s):  
Legal Issue ◽  
Legal Problem ◽  
Legal Opinions ◽  
Legal Expert ◽  
Legal Opinion

Law is a means to achieve the order and welfare of the community. One of the sources of law is doctrine. The doctrine is essentially the opinion of a legal expert on a real legal issue. When discussing legal opinions, the term legal opinion is also known. Doctrine and Legal Opinion are mostly the same, namely the legal opinion of a legal expert on a real legal problem. If we agree that Doctrine and Legal Opinion are the same way in much of the literature that is mentioned as a source of law is the only doctrine, whereas where is legal opinion placed in the formation of a law? This paper will explain the position of Legal opinion as a source of law.

scholarly journals Breaking Up the Family: Divorce in Egyptian Law and Practice

Hawwa ◽  
2008 ◽  
Vol 6 (1) ◽  
pp. 52-74 ◽  
Author(s):  
Nathalie Bernard-Maugiron ◽  
Baudouin Dupret
Keyword(s):  
Twentieth Century ◽  
Legal Status ◽  
Family Law ◽  
Legal Reforms ◽  
Effective Implementation ◽  
The Family ◽  
Legal Texts ◽  
Personal Status ◽  
Sociological Approaches ◽  
Status Of Women

AbstractIf the legal status of women wishing to end an unhappy marriage has undoubtedly improved through the codification process of personal status law in Egypt in the twentieth century, it still remains very unequal in comparison to the privileges enjoyed by men in that field. Moreover, the practical effects of these legal reforms can be questioned. This chapter will study marriage breakups in Egypt through both legal and sociological approaches. Legal texts governing family law will first be examined to expose the different ways marriage can be broken up and how the reforms were legitimated by reference to sharî'a principles. Then the various obstacles that impede the effective implementation of these reforms will be exposed, to stress that the study of law should capture the language of law in action and not only of law in books.

Atmo-Orientalism

2020 ◽  
pp. 113-151
Author(s):  
Hsuan L. Hsu
Keyword(s):  
Public Health ◽  
Twentieth Century ◽  
Sui Sin Far ◽  
Racial Discourse ◽  
Legal Documents ◽  
Yellow Peril ◽  
Early Twentieth Century

Drawing on travelogues, legal documents, public health reports, descriptions of Chinatowns, Yellow Peril fiction, and racial iconography, this chapter traces a long-standing mode of racial discourse that has framed Asiatic bodies and practices as embodiments of modernity’s noxious atmospheres. It then considers how the early twentieth-century author Edith Maude Eaton / Sui Sin Far and the contemporary conceptual artist Anicka Yi deploy scent to critique and redress this pattern of olfactory racialization.

Troubling Technology: The Deobandī Debate on the Loudspeaker and Ritual Prayer

2017 ◽  
Vol 24 (4) ◽  
pp. 355-383 ◽  
Author(s):  
Ali Altaf Mian
Keyword(s):  
Twentieth Century ◽  
Social Context ◽  
South Asian ◽  
Scientific Knowledge ◽  
Legal Reasoning ◽  
Modern Technology ◽  
Ontological Status ◽  
Public Benefit ◽  
The Relationship ◽  
Legal Opinion

This article contributes to Islamicist scholarship on the relationship between modern technology and Muslim thought and practice by closely reading and historicizing a twentieth-century South Asian Ḥanafī treatise on the use of the loudspeaker in ritual prayers. In this treatise, the Ḥanafī jurist Muḥammad Shafīʿ discusses the reasons for changing his legal opinion. The jurist first argued that the use of the loudspeaker invalidates the ritual prayer of the congregant (muqtadī). In his revised position, however, he held that the loudspeaker should be avoided in ritual prayers, but that its use does not invalidate the prayer. While Muḥammad Shafīʿ appears to have revised his position in response to newfound scientific knowledge about the ontological status of the loudspeaker’s sound or for the sake of public benefit (maṣlaḥah), I suggest that his revised fatwā was based on distinctive Ḥanafī modes of legal reasoning. By grounding his revised position in casuistry, the muftī renewed his commitment to his law school’s methodologies in a social context in which scientific knowledge and legal pluralism were weakening Ḥanafī modes of reasoning.


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