Sexualization of Sharīʿa: Application of Islamic Criminal (Ḥudūd) Laws in Pakistan)

2021 ◽  
pp. 1-24
Author(s):  
Muhammad Zubair Abbasi

Abstract In 1979, General Zia ul-Haq promulgated the Hudood Ordinances to provide Islamic punishments for several offenses, but the prosecution for extra-marital sex (zinā) has been disproportionately higher. Based on the analysis of reported judgments, I argue that the higher rate of prosecutions for zinā was a direct result of new laws. Despite carrying the name “Hudood”, these Ordinances specified several taʿzīr offenses with the objective of ensuring prosecutions. By incorporating ḥadd and taʿzīr offenses for zinā, the Zina Ordinance blurred the distinction between consensual sex and rape, and thus exposed victim women, who reported rape, to prosecution for consensual sex. The Qazf Ordinance, which might have curbed the filing of false accusations of zinā, encouraged them by providing the complainants the defense of good faith. The number of zinā cases has decreased after the reform of the Zina Ordinance and the Qazf Ordinance under the Protection of Women Act, 2006.

Author(s):  
Kenneth H. Downing ◽  
Robert M. Glaeser

The structural damage of molecules irradiated by electrons is generally considered to occur in two steps. The direct result of inelastic scattering events is the disruption of covalent bonds. Following changes in bond structure, movement of the constituent atoms produces permanent distortions of the molecules. Since at least the second step should show a strong temperature dependence, it was to be expected that cooling a specimen should extend its lifetime in the electron beam. This result has been found in a large number of experiments, but the degree to which cooling the specimen enhances its resistance to radiation damage has been found to vary widely with specimen types.


2014 ◽  
Author(s):  
Joshua D. Wyman ◽  
Victoria Talwar ◽  
Sarah Yachison ◽  
Angela Crossman
Keyword(s):  

Moreana ◽  
2009 ◽  
Vol 46 (Number 176) (1) ◽  
pp. 65-76
Author(s):  
Joshua Avery
Keyword(s):  

This study draws upon the Platonic dialogue tradition as a background for interpreting the conversation between More and his daughter Margaret Roper, as depicted in Margaret’s letter to Alice Alington. With an eye to the famously ironic Socrates, this article will propose the interpretation of a puzzling statement regarding More’s apparent good faith in the sincerity of others who have reversed their positions regarding the problematic oath. Is More expressing ironic distance or straightforward charity in his ambiguous language? The argument is that More, utilizing his legal and literary skills, carefully crafts a rhetoric that paradoxically joins remarkable charity with worldly-wise irony.


Author(s):  
Taylor F Brinkman

During the past decade, forty-six professional sports venues were constructed in the United States, while only 16 expansion teams were created by the major sports leagues. Nearly two thirds of these newly built stadiums and arenas were funded with public tax revenues, despite substantial evidence showing no positive economic impact of new sports stadium construction on local communities. In reviewing the economic literature, this article investigates the role of professional sports organizations in the construction and public subsidization of new sports venues. Franchise relocation and public stadium subsidization is a direct result of the monopoly power of professional sports leagues, whose franchise owners extract large subsidies from their host communities by threatening to relocate to viable alternative locations. After explaining how the most common methods of stadium subsidization project a disproportionate allocation of the benefits and costs of hosting a professional team to local community interests, this article outlines several considerations for local policymakers who seek to reinvigorate public discussion of equity concerns in professional sports finance.


2020 ◽  
Vol 75 (1) ◽  
pp. 1-27
Author(s):  
Alex Bliss

The advent of the Portable Antiquities Scheme (PAS) has added a great deal to our understanding of prehistoric metal artefacts in England and Wales, namely in expanding enormously the corpuses of objects previously thought to be quite scarce. One such artefact type is the miniature socketed 'votive' axe, most of which are found in Wiltshire and Hampshire. As a direct result of developing such recording initiatives, reporting of these artefacts as detector finds from the early 2000s onwards has virtually trebled the number originally published by Paul Robinson in his 1995 analysis. Through extensive data-collection, synthesising examples recorded via the PAS with those from published excavations, the broad aims of this paper (in brief) are as follows: firstly, produce a solid typology for these artefacts; secondly, investigate their spatial distribution across England and Wales. As a more indirect third aim, this paper also seeks to redress the imbalance of focus and academic study specifically applying to Hampshire finds of this object type, which despite producing a significant proportion of the currently known corpus have never been the subject of detailed analysis.


2018 ◽  
Vol 18 (2) ◽  
pp. 59-84
Author(s):  
Slavomír Halla

Abstract Consent, the final frontier. International commercial arbitration is a dis­pute resolution mechanism embedded in consent of the parties involved. Presentation of such a mutual understanding is done through an arbitration agreement. However, the aim of this paper is to analyse whether its contractual, indeed consensual, nature is the only element which the courts use to identify the subjects who may compel or must be compelled to arbitrate disputes, or whether they employ other considerations as well. The paper will focus on extension doctrines which might be less known even to a professional audience: piercing of the corporate veil, estoppel & group of companies. A review of selected case law leads to a conclusion that consent-finding analysis is defi­nitely a starting point of any analysis. However, at the same time courts and arbitrators do indeed use tools of contract interpretation and the ones based on equity or good faith considerations to establish, and exceptionally force, the implication of consent far beyond what is obvious.


2017 ◽  
Vol 10 (1) ◽  
pp. 99
Author(s):  
Widodo Dwi Putro ◽  
Ahmad Zuhairi

ABSTRAKSengketa jual beli tanah dalam perkara ini menyeret pihak penjual yang telah menjual objek yang sama kepada dua pembeli dalam dua kali transaksi. Pembeli kedua (penggugat) melayangkan gugatannya terhadap pembeli pertama (tergugat II). Posisi hukumnya dilematis. Kedua pembeli sama-sama merasa mempunyai hak atas tanah sengketa karena telah membeli objek yang sama dari penjual. Untuk membuktikan siapa pembeli yang berhak, hakim perlu mempertimbangkan asas "iktikad baik" (good faith), sebagai dasar untuk menentukan pembeli yang patut mendapat perlindungan hukum. Permasalahannya, kedua pembeli sama-sama mengklaim dirinya adalah pembeli yang beriktikad baik. Sehingga, untuk menilai siapa pembeli yang patut mendapat perlindungan hukum, hakim berpegangan pada prinsip duty of care, dengan mempertimbangkan siapa pembeli yang berhati-hati dan cermat memeriksa data yuridis dan data fisik sebelum dan saat jual beli dilakukan. Prinsip duty of care ini bersifat abstrak, maka metode penulisan yang digunakan, menelusuri dan mengkaji pendapat para ahli hukum perdata dan agraria untuk didialogkan dengan putusan-putusan hakim. Perkembangan putusan-putusan pengadilan mengenai pembeli beriktikad baik yang mengadopsi prinsip duty of care, seharusnya menjadi 'pegangan' para hakim dalam menangani kasus yang serupa, untuk menilai kapan pembeli dikategorikan sebagai pembeli beriktikad baik.Kata kunci: iktikad baik, perlindungan hukum, duty of care, data yuridis dan fisik.ABSTRACTThe dispute of land sale and purchase in this case drag the seller who had sold the same object to two buyers in two transactions. The second buyer (plaintiff) filed a lawsuit against the first buyer (defendant II). Its legal standing created a dilemma. Both buyers felt equally entitled to be the owner of the disputed land, which is the same object purchased from the seller. In providing evidence of the most eligible buyer, the judge should take into consideration the principle of "good faith" as the basis for determining the buyer deserving legal protection. The problem is that both buyers claimed that they were buyers of good faith. Therefore, to appraise which buyer deserving the legal protection, the judges adhered to principle of "duty of care" by taking into account which one of them was carefully and meticulously reading-through the juridical and physical data prior to and during the sale and purchase of the land was conducted. Given the abstract nature of the principle of "duty of care" the analysis method used in this discussion is exploring and studying the opinions of the experts of civil and agrarian law as to be juxtaposed with the decisions of the judges. The development of court decisions related to the issue of good faith buyers adopting the principle of "duty of care" should serve as a reference for the judges in handling similar cases to determine a good faith buyer.Keywords: good faith, legal protection, duty of care, juridical and physical data.


2018 ◽  
Vol 1 (2) ◽  
pp. 61-77
Author(s):  
Hossameldin M. Elhanafy

The novelty of the research project reported in this paper is the coupling of hydrological and hydraulic modeling which are based on the first principal of fluid mechanics for the simulation of flash floods at Wadi Elarish watershed to optimize the a new location of another dam rather than Elrawfa dam which already exist. Results show that, the optimum scenario is obtained by the construction of the west dam. As a direct result of this dam, the downstream inundated area can be reduced up to 15.7 % as function of reservoir available storage behind the dam. Furthermore, calculations showed that the reduction rate of inundated area for 50-year floods is largely more than 100-year floods, implies the high ability of west dam on flood control especially for floods with shorter return period.


1992 ◽  
Vol 31 (3) ◽  
pp. 325-328
Author(s):  
Ziaul Haque

Modem economic factors and forces are rapidly transforming the world into a single society and economy in which the migration of people at the national and international levels plays an important role. Pakistan, as a modem nation, has characteristically been deeply influenced by such migrations, both national and international. The first great exodus occurred in 1947 when over eight million Indian Muslims migrated from different parts of India to Pakistan. Thus, from the very beginning mass population movements and migrations have been woven into Pakistan's social fabric through its history, culture and religion. These migrations have greatly influenced the form and substance of the national economy, the contours of the political system, patterns of urbanisation and the physiognomy of the overall culture and history of the country. The recent political divide of Sindh on rural/Sindhi, and urban/non-Sindhi, ethnic and linguistic lines is the direct result of these earlier settlements of these migrants in the urban areas of Sindh.


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