The Transformation of Islamic Law in Modernity

Author(s):  
Andrew F. March

In the process of modernizing Muslim majority states in the 19th and 20th centuries, Islamic law was often replaced with foreign legal codes. But in many areas of the law, Islamic legal norms were not replaced but rather transformed from an uncodified “jurists’ law” applied by qadis into legal codes applied by sovereign states. This process involved the transformation of not only many aspects of the substance of Islamic law but also the methods, agents, and epistemologies by which Islamic law is known and enforced. This chapter explores this revolution in Islamic law from the 19th-century Ottoman Tanzimat reforms to the 20th-century national appropriations of Islamic law in a few select areas, particularly family and personal status law.

2021 ◽  
Vol 5 (1) ◽  
pp. 16-31
Author(s):  
A. A. Sapunkov ◽  
N. A. Sapunkov

The subject. The law of emphyteusis was studied in the Russian Empire in the middle of 19th – beginning of 20th century due to practical significance. The interest in this subject began to revive at the beginning of the 21st century, the first few publications appeared, but they were mostly replicas of Imperial period studies. The law of emphyteusis in Russia before the middle of the 19th century is not researched sufficiently. The purpose of the study is to confirm or disprove hypothesis that the law of emphyteusis was initially implemented in the system of Russian law as a legislative institution, but since the middle of the 19th century it has acquired the status of a local legal custom. The Russian state, having preserved the former system of civil law (the Lithuanian Statute) in the Western lands annexed from Lithuania and Poland, created the basis for the formation of a different system of legal awareness among a part of the population, thereby consolidating the dichotomy of the Empire and the Western provinces. Since the issue of land ownership is a key issue for feudal society, the law of emphyteusis is the most striking example of the split in the unity of the legal system of the Russian state. The methodology. The study is based on a combination of formal-legal and historical-legal methods: the methods of historicism, synchronous and diachronic comparison allow us to get an idea of the socio-political conditions in which the law of emphyteusis was formed and functioned. The main results, scope of application. The institute of emphyteusis (Latin – сensus, German – zins, Polish – czynsz) was formed on the basis of the reception of Roman and Byzantine law in the feudal law of a number of European States. Emphyteusis comes to the PolishLithuanian lands as an element of German law. The article describes the socio-political processes in the territories annexed by Russia from the Polish-Lithuanian Commonwealth, where the right of emphyteusis was preserved in the middle of 17th - first half of the 19th century as a local civil law under the Lithuanian Statute system. After the abolition of the Statute of Lithuania (1840) an emphyteusis preserved as a regional legal custom. The analysis of legislation and law enforcement practice on the issue of emphyteusis on the borderlands of the Russian state is carried out. The ineffectiveness of the state policy on the elimination of emphyteusis is noted. Conclusions. The revealed specifics of the development of emphyteusis in the Russian Empire are extremely poorly studied, although they indicate far-reaching consequences in the system of forming the legal consciousness of Russian, Ukrainian, Belarusian, Jewish (Ashkenazi) and other peoples.


1970 ◽  
pp. 47-55
Author(s):  
Sarah Limorté

Levantine immigration to Chile started during the last quarter of the 19th century. This immigration, almost exclusively male at the outset, changed at the beginning of the 20th century when women started following their fathers, brothers, and husbands to the New World. Defining the role and status of the Arab woman within her community in Chile has never before been tackled in a detailed study. This article attempts to broach the subject by looking at Arabic newspapers published in Chile between 1912 and the end of the 1920s. A thematic analysis of articles dealing with the question of women or written by women, appearing in publications such as Al-Murshid, Asch-Schabibat, Al-Watan, and Oriente, will be discussed.


1999 ◽  
Vol 26 (1) ◽  
pp. 27-51
Author(s):  
Jan Richard Heier

Accounting has always been utilitarian in nature. It adapts to the changes in the business environment by meeting the need for new types of information. The change in waterborne transportation in the U.S. during the 19th century provides an example of such an environmental change that led to a need for accounting adaptation. With the advent of the steamboat, old accounting methods were modified and new ones created to meet the changes in the business environment. In the process, a standardized ships-accounting model was developed. The model can be seen in the accounting records of three ships that sailed at the beginning of the 20th century.


2016 ◽  
Vol 3 (2) ◽  
pp. 3 ◽  
Author(s):  
Mara Calvini ◽  
Maria Stella Siori ◽  
Spartaco Gippoliti ◽  
Marco Pavia

The revised catalogue of primatological material stored in the Museo Regionale di Scienze Naturali of Torino and in the Dipartimento di Scienze della Vita e Biologia dei Sistemi of the Università degli Studi di Torino and belonging to the historical material of the Torino University is introduced. The material, 494 specimens belonging to 399 individuals of 122 taxa, is of particular importance since specimens were mainly obtained during the 19th Century and the beginning of the 20th Century. A relevant part of the collection was created by the collaborators of the Museum, among which it is worth to mention F. De Filippi, A. Borelli and E. Festa, while other material came from purchases and donations from private people or the Royal Zoological Garden of Torino. Great part of the specimens is stuffed but also the osteological materials are of particular importance, as many of them derived from the specimens before being prepared and consisting of skulls or more or less complete skeletons. After this revision, the Lectotype and Paralectotypes of <em>Alouatta</em> <em>palliata</em> <em>aequatorialis</em> have been selected, and the type-specimen of the <em>brunnea</em> variety of <em>Cebus</em> <em>albifrons</em> <em>cuscinus</em> has been recognized. In addition, some specimens of particular historical-scientific importance have also been identified and here presented for the first time.


Buildings ◽  
2021 ◽  
Vol 11 (1) ◽  
pp. 27
Author(s):  
Klara Kroftova

An urban residential building from the second half of the 19th century and the start of the 20th century, the so-called tenement house, is a significant representative of the architecture of the developing urban fabric in Central Europe. The vertical and horizontal load-bearing structures of these houses currently tend to show characteristic, repeated defects and failures. Their knowledge may, in many cases, facilitate and speed up the design of the historic building’s restoration without compromising its heritage value in this process. The article presents the summary of the most frequently occurring defects and failures of these buildings. The summary, however, is not an absolute one, and, in the case of major damage to the building, it still applies that, first of all, a detailed analysis of the causes and consequences of defects and failures must be made as a basic prerequisite for the reliability and long-term durability of the building’s restoration and rehabilitation. An integral part of the rehabilitation of buildings must be the elimination of the causes of the appearance of their failures and remediation of all defects impairing their structural safety, health safety and energy efficiency.


Popular Music ◽  
2021 ◽  
Vol 40 (1) ◽  
pp. 18-41
Author(s):  
David Temperley

AbstractThe origins of syncopation in 20th-century American popular music have been a source of controversy. I offer a new account of this historical process. I distinguish between second-position syncopation, an accent on the second quarter of a half-note or quarter-note unit, and fourth-position syncopation, an accent on the fourth quarter of such a unit. Unlike second-position syncopation, fourth-position syncopation tends to have an anticipatory character. In an earlier study I presented evidence suggesting British roots for second-position syncopation. in contrast, fourth-position syncopation – the focus of the current study – seems to have had no presence in published 19th-century vocal music, British or American. It first appears in notation in ragtime songs and piano music at the very end of the 19th century; it was also used in recordings by African-American singers before it was widely notated.


Hawwa ◽  
2016 ◽  
Vol 14 (1) ◽  
pp. 94-112
Author(s):  
Carolyn Fluehr-Lobban

The current Islamist government, ushered in by a military coup in 1989, declared that the Sudan must be governed by Islamic law orshari’ain accordance with what it called the Civilization Project. As expected, the personal status for Muslims laws,Ahwal Shakhsiyya, continued to be governed by shari’a as it has always been. However, the Sudanese society experienced unprecedented changes that are considered un-Islamic, and may be even punishable by law. In this paper two of those changes happened in the institution of marriage. This paper discusses two types of marriage, ‘Urfi and Misyar that are not part of the law, and traditionally unacceptable, and by law deemed by some to be illegal. Some scholars are seeking to normalize and may be legalize both types.


Author(s):  
Toni Pierenkemper ◽  
Klaus F. Zimmermann

AbstractThis paper attempts to trace the construction of the standard employment contract in Germany from the beginning of the 19th century onwards. In 20th century Germany, it was reinforced alongside with the consolidation of the welfare state and developed into the modern concept of the standard employment contract. Due to globalization forces and dynamics of capitalist market economies, the standard employment contract has turned into an obstacle in the way of modern economy’s progress. The future might be determined by increasing work flexibility, rising working hours, falling income and increasing unemployment rates, rendering the standard employment contract anachronistic and obsolete.


Res Publica ◽  
2000 ◽  
Vol 42 (2-3) ◽  
pp. 379-389
Author(s):  
Wilfried Dewachter

The great promises that "Statistik" yielded in the 19th century in Belgium, did  not materialise. At least as far as political statistics are concerned. In the second half of the 20th century the output was rather limited and thus very incomplete, not very professionally conceived and elaborated, disorderly provided, strongly related to an outrunned institutional approach and thus quite conservative in its orientation, veiled in inaccurate categories with the static view rather dominant. Therefore, starting from a global approach of the 3 P's (=polity, politics and policy), a rebuilding is necessary. This should provide for an inventory of existing statistical data and -above all -a masterplan to achieve a straightforward view on the 3 P's in Belgium: polity, politics and policy. A polyarchy has the right and the need to in depth information that is as complete as feasible. Statistics are very handy tools to provide this information to both policymakers and citizens.


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