MINOR MARRIAGES AND KHIYĀR AL-BULŪGH IN OTTOMAN PALESTINE: A NOTE ON WOMEN'S STRATEGIES IN A PATRIARCHAL SOCIETY

2002 ◽  
Vol 9 (3) ◽  
pp. 386-409 ◽  
Author(s):  
Mahmoud Yazbak
Keyword(s):  
Nineteenth Century ◽  
Child Marriage ◽  
Court Records ◽  
Muslim Society ◽  
Legal Documents ◽  
Patriarchal Society ◽  
The Right ◽  
A Minor ◽  
Do So

AbstractSharī'a court records (sijills) are legal documents that summarize discussions that took place in the courtroom. They also contain a wealth of detail on various aspects of Muslim society. Drawing on different sijills from nineteenth-century Palestine and fatwās of Khayr al-Dīn al-Ramlī, I examine the phenomenon of child marriage and the practice of khiyār al-bulūgh, literally "option of puberty". If a natural guardian contracts a marriage for a minor child, male or female, the child may not subsequently have the contract annulled. Whereas a boy enjoys the right to divorce his wife through the mechanism of talāq as soon as he reaches his majority, a girl who reaches her majority must approach the court if she wants to dissolve a marriage (faskh), and she may do so only if she was married while a minor by a non-natural guardian. In this case, she may exercise her right of khiyār al-bulūgh immediately upon reaching her legal majority, i.e., at the onset of her first menstruation. But she must make a public declaration of the occurrence of menstruation so that the persons who hear the declaration may serve as witnesses on her behalf.

“The purity of my blood cannot put food on my table”: Changing Attitudes Towards Interracial Marriage in Nineteenth-Century Buenos Aires

2001 ◽  
Vol 58 (2) ◽  
pp. 201-220 ◽  
Author(s):  
Jeffrey M. Shumway
Keyword(s):  
Nineteenth Century ◽  
Family Life ◽  
Buenos Aires ◽  
Interracial Marriage ◽  
Men And Women ◽  
Minor Children ◽  
The Right ◽  
Parental Opposition ◽  
Changing Attitudes ◽  
Do So

Lorenzo Barbosa had a big problem with his daughter Josefa. In June 1821, in Buenos Aires, young Josefa Barbosa was in love with Pascual Cruz. What bothered Lorenzo was that Pascual was a mulatto, while the Barbosa family was white. When the couple asked his permission to marry, Lorenzo vehemently opposed the union and withheld his consent. He was acting within his rights, since minor children (men and women younger than 25 and 23 respectively) were required by law to obtain parental permission to marry. To bolster his case, Lorenzo invoked the power of a colonial law issued in 1778, known as the Royal Pragmatic on marriage, which gave parents the right to block their children's marriages to “unequal partners.” Even though Buenos Aires had broken away from Spain in 1810, most colonial laws regarding family life, including the pragmatic, continued in force into the national period. But just as in colonial times, children retained the right to challenge parental opposition in court. If they chose to do so, the resulting case was known as a disenso.

scholarly journals A Millennium After al-Farabī; Notes onʿAllāma Ṭabāṭabāʾī’s Political Philosophy

2021 ◽  
Author(s):  
SeyedAmirHossein Asghari
Keyword(s):  
Political Philosophy ◽  
The Other ◽  
Recent Period ◽  
Intellectual Tradition ◽  
General Belief ◽  
Ideal Society ◽  
The Right ◽  
A Minor ◽  
Do So

<p>It is essential to ask why there is so little attention paid to political philosophy among these scholars? Or, if there is, why does it remain a minor or marginal conversation? Did they consider the discussion on governance under the other areas of their expertise, such as jurisprudence (<i>Fiqh</i>)? And, if yes, what motivated them to do so? Or, at least in Shia Islam, did this arise from their general belief that if there is an Imam, he is the right person to govern the community, and if we are in the occultation era, then our only choice is to wait for the Imam to return? Consequently, there is no need to philosophize an ideal society, an occurrence of which only happens with the presence of an Imam. Clarifying the questions mentioned above requires another investigation. We leave these questions aside here and focus instead on contemporary Shia philosophers to examine their thoughts on political philosophy, Utopia, or any discussion of governance. Our goal is to identify the al-Fārābīan heritage of the Islamic intellectual tradition in a more recent period.</p>

scholarly journals A Millennium After al-Farabī; Notes onʿAllāma Ṭabāṭabāʾī’s Political Philosophy

2021 ◽  
Author(s):  
SeyedAmirHossein Asghari
Keyword(s):  
Political Philosophy ◽  
The Other ◽  
Recent Period ◽  
Intellectual Tradition ◽  
General Belief ◽  
Ideal Society ◽  
The Right ◽  
A Minor ◽  
Do So

<p>It is essential to ask why there is so little attention paid to political philosophy among these scholars? Or, if there is, why does it remain a minor or marginal conversation? Did they consider the discussion on governance under the other areas of their expertise, such as jurisprudence (<i>Fiqh</i>)? And, if yes, what motivated them to do so? Or, at least in Shia Islam, did this arise from their general belief that if there is an Imam, he is the right person to govern the community, and if we are in the occultation era, then our only choice is to wait for the Imam to return? Consequently, there is no need to philosophize an ideal society, an occurrence of which only happens with the presence of an Imam. Clarifying the questions mentioned above requires another investigation. We leave these questions aside here and focus instead on contemporary Shia philosophers to examine their thoughts on political philosophy, Utopia, or any discussion of governance. Our goal is to identify the al-Fārābīan heritage of the Islamic intellectual tradition in a more recent period.</p>

THE IDEA OF «COMMUNITY» IN THE GOVERNMENT CONCEPTS OF GALICIA OF THE XIX – BEGINNING OF THE XX CENTURY

2019 ◽  
pp. 15-21
Author(s):  
Liubomyr Ilyn
Keyword(s):  
Nineteenth Century ◽  
19Th Century ◽  
Practical Significance ◽  
Distinctive Features ◽  
Legal Studies ◽  
Legal Principle ◽  
General Scientific ◽  
The Government ◽  
The Right ◽  
The 19Th Century

Purpose. The purpose of the article is to analyze and systematize the views of social and political thinkers of Galicia in the 19th - beginning of the 20th centuries. on the right and manner of organizing a nation-state as a cathedral. Method. The methodology includes a set of general scientific, special legal, special historical and philosophical methods of scientific knowledge, as well as the principles of objectivity, historicism, systematic and comprehensive. The problem-chronological approach made it possible to identify the main stages of the evolution of the content of the idea of catholicity in Galicia's legal thought of the 19th century. Results. It is established that the idea of catholicity, which was borrowed from church terminology, during the nineteenth century. acquired clear legal and philosophical features that turned it into an effective principle of achieving state unity and integrity. For the Ukrainian statesmen of the 19th century. the idea of catholicity became fundamental in view of the separation of Ukrainians between the Russian and Austro-Hungarian empires. The idea of unity of Ukrainians of Galicia and the Dnieper region, formulated for the first time by the members of the Russian Trinity, underwent a long evolution and received theoretical reflection in the work of Bachynsky's «Ukraine irredenta». It is established that catholicity should be understood as a legal principle, according to which decisions are made in dialogue, by consensus, and thus able to satisfy the absolute majority of citizens of the state. For Galician Ukrainians, the principle of unity in the nineteenth century. implemented through the prism of «state» and «international» approaches. Scientific novelty. The main stages of formation and development of the idea of catholicity in the views of social and political figures of Halychyna of the XIX – beginning of the XX centuries are highlighted in the work. and highlighting the distinctive features of «national statehood» that they promoted and understood as possible in the process of unification of Ukrainian lands into one state. Practical significance. The results of the study can be used in further historical and legal studies, preparation of special courses.

Heinrich von Kleist and the Right to War

Romanticism ◽  
2018 ◽  
Vol 24 (3) ◽  
pp. 245-254
Author(s):  
Jan Mieszkowski
Keyword(s):  
Heinrich Von Kleist ◽  
The Right ◽  
Do So

This essay explores the conceptualization of warfare in Romanticism. The focus is on two plays by Heinrich von Kleist, Penthesilea and Prince Friedrich von Homburg. I begin by discussing Carl von Clausewitz's influential understanding of conflict and the problems that arise when he attempts to explain the interdependence of warring parties. I go on to argue that in Kleist's dramas war is a competition between different languages of authority. When no coherent paradigm of agency emerges from this contest, the right to wage war is revealed to be anything but a guarantee that one knows how to do so.

In the Labyrinth

2017 ◽  
Author(s):  
Andrew McNeillie
Keyword(s):  
The Right ◽  
First Time ◽  
Do So

It is now widely acknowledged, and far beyond Ireland, that Tim Robinson’s two volumes jointly known as Stones of Aran (‘Pilgrimage’ and ‘Labyrinth’) are modern classics, exemplary in every way of how to write about place and to do so with a formal, literary accomplishment that more than earns the right to nod at Ruskin’s own classic. In 2012, Robinson went back to Árainn, the largest of the three islands, for the first time in nearly ten years. He did so at the urging of Andrew McNeillie, with whom he spent two and a half days revisiting old haunts. This chapter makes account of the occasion and uses, in the process, a unique document provided by Robinson as an experiment in annotating his work. This prompts McNeillie to investigate some of his own annotations and footnotes to Aran.

Right to Parental Care

2017 ◽  
Author(s):  
Asha Bajpai
Keyword(s):  
Law Reform ◽  
Best Interest ◽  
Family Courts ◽  
Custody Of Children ◽  
The Family ◽  
Shared Parenting ◽  
The Right ◽  
A Minor ◽  
And Control ◽  
Physical Care

Custody refers to the physical care and control of a minor whereas guardianship is a wider term and includes rights and duties with respect to the care and control of minor’s person and property, and includes the right to make decisions relating to the minor. The present legal regime relating to guardianship and custody of children is discussed, including the Guardians and Wards Act, 1890, the Hindu Minority and Guardianship Act, 1956, the personal and matrimonial laws, and relevant provisions in the Family Courts Act and Protection of Women against Domestic Violence Act, 2005. The emerging concepts of shared parenting, joint custody, and the interparental child removal or abduction of child is included. There is review and analysis of some major reported judicial decisions. A comparative survey of international laws and trends has been done. Suggestions for law reform in the best interest of the child have been given.

scholarly journals After Hajj: Muslim Pilgrims Refashioning Themselves

Religions ◽  
2021 ◽  
Vol 12 (1) ◽  
pp. 36
Author(s):  
Kholoud Al-Ajarma
Keyword(s):  
Social Contexts ◽  
Religious Behavior ◽  
Transformative Experience ◽  
The Everyday ◽  
Community Expectations ◽  
Religious Dimensions ◽  
Personal Level ◽  
The Right ◽  
Self Formation ◽  
Do So

The Muslim pilgrimage to Mecca (Hajj) is one of the five pillars of Islam and a duty which Muslims must perform—once in a lifetime—if they are physically and financially able to do so. In Morocco, from where thousands of pilgrims travel to Mecca every year, the Hajj often represents the culmination of years of preparation and planning, both spiritual and logistical. Pilgrims often describe their journey to Mecca as a transformative experience. Upon successfully completing the pilgrimage and returning home, pilgrims must negotiate their new status—and the expectations that come with it—within the mundane and complex reality of everyday life. There are many ambivalences and tensions to be dealt with, including managing the community expectations of piety and moral behavior. On a personal level, pilgrims struggle between staying on the right path, faithful to their pilgrimage experience, and straying from that path as a result of human imperfection and the inability to sustain the ideals inspired by pilgrimage. By ethnographically studying the everyday lives of Moroccans after their return from Mecca, this article seeks to answer the questions: how do pilgrims encounter a variety of competing expectations and demands following their pilgrimage and how are their efforts received by members of their community? How do they shape their social and religious behavior as returned pilgrims? How do they deal with the tensions between the ideals of Hajj and the realities of daily life? In short, this article scrutinizes the religious, social and personal ramifications for pilgrims after the completion of Hajj and return to their community. My research illustrates that pilgrimage contributes to a process of self-formation among pilgrims, with religious and non-religious dimensions, which continues long after Hajj is over and which operates within, and interacts with, specific social contexts.

Chalastospora gossypii in a Maine Coon cat: case report and literature review

2021 ◽  
pp. 104063872110222
Author(s):  
Samantha M. Norris ◽  
Paula A. Schaffer ◽  
Noah B. Bander
Keyword(s):  
Soft Tissue ◽  
Needle Aspiration ◽  
Tissue Mass ◽  
Large Numbers ◽  
Formalin Fixed Paraffin ◽  
Formalin Fixed Paraffin Embedded ◽  
Soft Tissue Masses ◽  
Subcutaneous Mass ◽  
The Right ◽  
A Minor

A 15-y-old castrated male Maine Coon cat was evaluated for an ulcerated soft tissue mass on the right hindlimb that had been observed for 4 mo and had grown rapidly. A 3 × 3 cm soft, raised, amorphous, and ulcerated subcutaneous mass was observed on the lateral right metatarsus. In-house cytology via fine-needle aspiration was nondiagnostic. Incisional biopsy of the mass and further staging was declined, and amputation was elected. The amputated limb was submitted for histopathology, which revealed severe chronic nodular granulomatous dermatitis and multifocal granulomatous popliteal lymphadenitis with large numbers of intralesional fungal hyphae. Fungal PCR and sequencing on formalin-fixed, paraffin-embedded tissue identified Chalastospora gossypii. No adjunctive therapy was elected at the time. The patient has done well clinically 1 y post-operatively. C. gossypii is a rare microfungus found worldwide and is considered a minor pathogen of several plants. To our knowledge, infection by this fungus has not been reported previously in veterinary species. Features in our case are comparable to other mycotic infections. Nodular granulomatous mycotic dermatitis and cellulitis, although uncommon, should be a differential for soft tissue masses in veterinary species; C. gossypii is a novel isolate.

Indigenous Written Sources for the History of Bonny

1989 ◽  
Vol 16 ◽  
pp. 185-196
Author(s):  
Susan M. Hargreaves
Keyword(s):  
Nineteenth Century ◽  
Niger Delta ◽  
Colonial History ◽  
Additional Material ◽  
Court Records ◽  
General Terms ◽  
Early Colonial ◽  
History Of ◽  
Similar Character ◽  
Written Sources

It is well known that indigenous contemporary written documentation exists for the precolonial and early colonial history of some of the coastal societies of South-Eastern Nigeria. The best known example is Old Calabar, for which there exists most notably the diary of Antera Duke, covering the years 1785-88, a document brought from Old Calabar to Britain already during the nineteenth century. More recently John Latham has discovered additional material of a similar character still preserved locally in Old Calabar, principally the Black Davis House Book (containing material dating from the 1830s onwards), the papers of Coco Bassey (including diaries covering the years 1878-89), and the papers of E. O. Offiong (comprising trade ledgers, court records, and letter books relating to the period 1885-1907). In the Niger Delta S. J. S. Cookey, for his biography of King Jaja of Opobo, was able to use contemporary documents in Jaja's own papers, including correspondence from the late 1860s onwards. In the case of the neighboring community of Bonny (from which Jaja seceded to found Opobo after a civil war in 1869), while earlier historians have alluded to the existence of indigenous written documentation, they have done so only in very general terms and without any indication of the quantity or nature of this material.

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