Evolving Views of Islamic Law in Turkey

2013 ◽  
Vol 28 (2) ◽  
pp. 467-487 ◽  
Author(s):  
Russell Powell

The tradition of Kemalist secularism (laiklik) in Turkey is often cited to distinguish Turkey as an exceptional case among predominantly Muslim countries. While it is true that the Turkish Constitution, laws, and legal opinions approach the relationship between the state and religion very differently than those of Iran, Saudi Arabia, Egypt, or even Indonesia, it would be wrong to underestimate the role that religion plays in the formation of Turkish legal norms, including citizen understanding of those norms. There is a wealth of literature describing the nature of Turkish secularism and its evolution. A number of both quantitative and qualitative studies inquire about the preference forShari'aamong Turkish voters. The typical question asks whether respondents favor the establishment of aShari'astate. Over the past fifteen years, these surveys have received response rates ranging between five and twenty-five percent in favor of such a state. However, these results are extremely problematic, because they do not provide any context or meaning for “the establishment of aShari'astate,” either for those who favor it or for those who oppose it. This study begins to unpack the range of possible meanings attributed toShari'awithin Turkey, both among voters and among intellectuals, as a framework for future empirical studies and as a basis for deeper understandings of the role of Islam within Turkish law and politics.

Author(s):  
Astrid Kjeldgaard-Pedersen

This book scrutinizes the relationship between the concept of international legal personality as a theoretical construct and the position of the individual as a matter of positive international law. By testing four main theoretical conceptions of international legal personality against historical and existing international legal norms that govern individuals, the book argues that the common narrative about the development of the role of the individual in international law is flawed. Contrary to conventional wisdom, international law did not apply to States alone until the Second World War, only to transform during the second half of the twentieth century to include individuals as its subjects. Rather, the answer to the question of individual rights and obligations under international law is—and always was—solely contingent upon the interpretation of international legal norms. It follows, of course, that the entities governed by a particular norm tell us nothing about the legal system to which that norm belongs. Instead, the distinction between international and national legal norms turns exclusively on the nature of their respective sources. Against the background of these insights, the book shows how present-day international lawyers continue to allow an idea, which was never more than a scholarly invention of the nineteenth century, to influence the interpretation and application of contemporary international law. This state of affairs has significant real-world ramifications as international legal rights and obligations of individuals (and other non-State entities) are frequently applied more restrictively than interpretation without presumptions regarding ‘personality’ would merit.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Norfaridah Ali Azizan ◽  
Amirul Afif Muhamat ◽  
Sharifah Faigah Syed Alwi ◽  
Husniyati Ali ◽  
Amalia Qistina Casteneda Abdullah

PurposeWaqf (endowment) lands constitute as among the highest types of waqf (endowment) properties in Malaysia; yet it is still unable to reach its maximum potential due to various challenges such as capital, location, legal and administrative issues. Therefore, this study intends to explore these issues by focussing on the two states in Malaysia (Selangor and Perak) that have fertile lands but different management authorities.Design/methodology/approachThere were series of interviews that had been conducted with ten (10) key informants who are experts and practitioners in the areas of Shariah (Islamic law), farming, agribusiness, land management and waqf.FindingsFindings exhibit that constraints and challenges that had been highlighted in the previous literature still exist (although some improvements had been made), but there is emerging theme that the study intends to highlight which is on the needs to secure market for the agribusiness produce and the potential role of anchor company in the agribusiness. It is pertinent that for agribusiness to thrive, selecting the right anchor company that has the capacity to address the challenges is necessary. This study posits two anchor company models (Waqf Trustee-Anchor Company and Waqf Trustee-Anchor Company-Community Farmers) that can be applied for agribusiness on the waqf lands.Research limitations/implicationsThis study is based on the Malaysia's context influenced by specific country's features. Nevertheless, such findings can still be used as reference or benchmark by other endowment trustees in other countries especially for the Muslim countries as well as the non-Muslim countries that have significant Muslim populations.Social implicationsThe suggested models have potentials to improve the living condition of the B40 (below 40% household income) in Malaysia because the models encourage their participation in the agribusiness activities.Originality/valueThis study focusses on the agribusiness, which is rarely being given attention in previous literature in the context of endowment lands. Therefore, this article bridges the literature gap and at the same time attempts to provide suggestion to address the pertinent issue – the underutilised endowment lands.


Author(s):  
Maarouf Ramadan

This chapter aims to highlight the relationship between innovation and internationalization in the context of international development of Lebanese innovative SMEs. The problems of the commitment of these SMEs in a process of internationalization is relevant in the Mediterranean countries in general and Lebanon in particular, but few empirical studies have been done so far to understand their international development (Ramadan, 2008; Ramadan and Levratto, 2011). The role of key factors such as size, age, international cooperation and strategic planning in the international development of Lebanese SMEs has rarely been comprehensively studied. Motivated by the literature that establishes a positive relationship between innovation and internationalization, this study presents a research proposal on these SMEs to bring out certain variables that characterize them. Moreover, the aim of the study is to verify the effect of the above factors and integrates into schools of thought that attempt to demonstrate that the international development of SMEs is influenced by a context that must be identified in the case of Lebanon.


Author(s):  
Erika Melonashi

The present chapter aims to explore the relationship between social media and identity by reviewing theoretical frameworks as well as empirical studies on the topic. Considering the complexity of the concept of identity, a multidisciplinary theoretical approach is provided, including Psychological Theories, Sociological Theories and Communication Theories. These theories are revisited in the context of online identity formation and communication through social media. Different aspects of identity such as gender identity, professional identity, political identity etc., are discussed and illustrated through empirical studies in the field. Moreover, the role of social media as a factor that might either promote or hinder identity development is also discussed (e.g., phenomena such as cyber-bulling and internet addiction). Finally recommendations and suggestions for future research are provided, including the need for multidisciplinary theoretical frameworks to the investigation of the relationships between social media and identity.


2020 ◽  
Vol 41 (6) ◽  
pp. 865-882
Author(s):  
Leiqing Peng ◽  
Shaohui Lei ◽  
Yulang Guo ◽  
Fei Qiu

PurposeAs an essential personality charm of leaders, humor can bring a series of positive outcomes to both users and receivers. However, there is also evidence that the impact of leaders’ humor (LH) is constrained by individuals, teams and organizational factors. The aim of this research is to investigate the relationship between LH and subordinates’ service creativity. Based on social learning theory and previous literature on LH, this paper identifies role modeling as the mediator and suggests that subordinates’ sensitivity to favorable interpersonal treatment (SFIT) moderates these relationships.Design/methodology/approachIn order to test the proposed moderated mediation model, this study employed hierarchical multiple regression and path analyses with valid data of 348 samples.FindingsResults revealed that LH positively affects role modeling and service creativity of subordinates, while subordinates' SFIT positively moderates the relationship between LH and subordinates' service creativity via role modeling.Practical implicationsIn compliance with these findings, this research suggests that enterprises should pay attention to the role of humor from middle managers and strengthen managers' role modeling through multiple measures to establish a relaxed and harmonious atmosphere in the workplace.Originality/valueBuilt on the conceptual framework, this study contributes to the literature on LH and employees’ service creativity by treating role modeling as the mechanism and SFIT as the moderator. This research is one of the first few empirical studies to investigate the relationship between LH and service creativity of service personnel in the service industry.


Author(s):  
Nur Farhah Mahadi ◽  
Nor Razinah Mohd. Zain ◽  
Shamsuddeen Muhammad Ahmad

The purpose of this study is to explore the role of Islamic social finance towards realising financial inclusion in achieving nine of the seventeen goals of sustainable development goals (SDGs) which are SDG1, SDG2, SDG3, SDG4, SDG5, SDG8, SDG9, SDG10, and SDG17 in the 2030 agenda for SDGs, as propagated by United Nations Member States in 2015. Then, a critical analysis is made to explain the possible contribution of Islamic social finance in achieving financial inclusion which is aligned with SDGs that brings balanced to the physical, emotional, mental, and spiritual of the community in supporting overall economic growth which finally combats the economic impact of the COVID-19 pandemic. Further research and empirical studies can be conducted to explore the relationship between Islamic social finance, financial inclusion, and SDGs which in tandem with Maqᾱṣid al-Sharῑ῾ah to equip ourselves in unpredictable economic hiccups during COVID-19. The results may also motivate the financial industries to promote Islamic social finance products and corporate social responsibilities as well as enhance the development of Islamic social finance towards achieving financial inclusion in fulfilling SDGs which soon will provide significant social impacts as the results will enable new initiatives by industries and policy makers to develop Islamic social finance in attaining financial inclusion to achieve SDGs which is seen as being parallel with Maqᾱṣid al-Sharῑ῾ah especially in resolving economic issues of COVID-19.


2019 ◽  
Vol 47 (6) ◽  
pp. 1-12 ◽  
Author(s):  
XuHui Li ◽  
Mingze Li ◽  
Jingtao Fu ◽  
Asad Ullah

In recent years, a bottom-up leadership style has received considerable attention from researchers. However, few empirical studies have been conducted to explore the link between leader humility and employee voice. Drawing on role theory, in this study we examined the relationship between leader humility and employee voice. Using data from 222 employees and their leaders, our results revealed that leader humility was positively related to employee voice. Voice-role conception fully mediated this relationship. Further, we delineate how employees’ regulatory focus moderates the mediated relationship between leader humility and voice, such that when an employee has a high promotion focus or low prevention focus, leader humility will be more positively related to voice via voice-role conception. These findings will provide guidelines for managers promoting employee voice.


2018 ◽  
Vol 7 (1) ◽  
pp. 75-111
Author(s):  
MING-SUNG KUO

Abstract:This article aims to provide an alternative account of political constitutionalism by situating it in a broader process of constitutional politics than the traditional court vs parliament debate has suggested. Drawing upon Robert Cover’s distinction between the jurispathic and the jurisgenerative constitution, I argue that parliamentary decision-making is not necessarily more congenial to a jurisgenerative constitutional order than judicial review as political constitutionalists contend. I trace the jurispathic character of current scholarship on political constitutionalism to the presupposition of institutional sovereignty in a narrow understanding of constitutional politics, which its defenders share in common with the supporters of judicial supremacy. To move towards a robust version of non-court-centred jurisgenerative constitutionalism, which I call constitutional jurisgenesis, we need to rethink the place of politics in a constitutional order. From Cover’s idea of constitutionalnomosI take two further lessons for this new understanding of constitutional politics. First, constitutional theory should reconsider the role of institutional sovereignty in the relationship between law and politics in constitutional orders. Second, to engage the people in constitutional politics, we need to shift attention from the popular sovereignty-centred debate to constitutional narratives, which are oriented towardsnomos-building.


Author(s):  
V. Litiaga

The article analyzes basic scientific approaches to the interpretation of the terms of «linguoculturology», «linguistic conceptology» and «linguistic concept». We consider the relationship of language and culture, and the role of the term «concept» in this regard. In the article we structured the term «concept» from a linguocultural point of view. These theoretical considerations are the basis for the study of ways and mean of forming a conceptual image of Kyiv Rus in the French medieval linguistic cultural picture of the world. The aim of this article is to examine the influence of the country’s image on shaping the bilateral relations between Ukraine and France in a linguocultural conceptual aspect. The article reveals the main semantic and linguoconceptual aspects of medieval French culture. It shows the links between historical and actual aspects of the conceptual sphere in the formation of public opinion in contemporary international relations. Despite the increasing interest of the scholars in the influence that the image of country may have on bilateral relations, this topic has been under‐researched. This article presents the author’s insights based on theoretical and empirical studies that could shed some new light on this important topic. By looking at the «linguocultural» aspect of the relationship between Kyiv Rus and France in the Medieval times the article gives a basic analysis of the process of country image formation since the tenth century and its impact on present times. The article also provides a basis for further linguistic research of this topic.


2018 ◽  
Vol 14 (22) ◽  
pp. 25
Author(s):  
Dudjo Yen G. Boris ◽  
Sonkeng Germain ◽  
Njong Mom Aloysius ◽  
Tafah Edokat O. Edward

This paper focuses on how education contributes to economic growth. That is to say that there is a significant relationship between the variables of education and the economic growth of Cameroon. Education is therefore a priority for all nations. This shows the prominent place it occupies in the Constitution of almost every state. There are several studies that have focused on the relationship between education and economic growth of the microeconomic perspective, as macroeconomic, both theoretically and empirically. Empirical studies, which have been carried out everywhere around the world, do not agree with the fact that education has a positive effect on economic growth. The estimation results show that literacy rate, however, remains ambiguous and contradictory when OLS is going to GMM. Investing in Literacy is a challenge for development and it is the heart of poverty reduction process at all levels.


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