Qurʾan 2:229 “A Charter Granted to the Wife”?

1996 ◽  
Vol 3 (1) ◽  
pp. 91-126 ◽  
Author(s):  
Lucy Carroll
Keyword(s):  
South Asia ◽  
Legal System ◽  
Modern World ◽  
New Form ◽  
New Republic ◽  
New Nation

AbstractThe study of Muslim law in South Asia highlights two important points: (i) what is termed Muslim law (or shariʿa) is not immutable; and (ii) to discuss Muslim law as a legal system in the modern world it is necessary to locate that legal system within the context of a nation-state.One of the most dramatic developments when the uncodified law applicable to Muslims in the new republic of Pakistan fell to be interpreted by Muslim judges of the superior Courts of the new nation was the judicial creation of a new form of divorce available at the demand of the wife—the “judicial Khulʿ.”In retrospect, however, it is unfortunate that counsel representing the women whose litigation resulted in the new dispensation relied upon Q. 2:229, rather than Q. 4:35. Thus the new dispensation of 1967 is merely a chapter in an unfinished story.

On the emergence of new branches in the legal system of Ukraine

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Zemko Alla ◽  
◽  
Pyndor Yulia ◽  
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Human Life ◽  
Legal Regulation ◽  
Current Approach ◽  
Modern World ◽  
Negative Attitudes ◽  
Global Trends ◽  
Qualified Personnel ◽  
Regulation Method

The article analyzes the current approach to the identification of new branches in the legal system of Ukraine.The modern world does not stand still and is constantly evolving and gives impetus to the development of all spheres of human life, respectively, there are relationships that require legal regulation.Some scholars believe that in the presence of an independent subject of legal regulation, its ownmethodology of legal regulation and a set of specialized legislation, it is possible todistinguish an autonomousbranch of law. It is determined that the emergence of new branches of law is hindered by the dominant concept of the existence of only the main ones. Proponents of this concept categorically reject the possibility of the existence of relevant secondary, complex branches of law. This scientific approach inhibits the study of modern social relations. Negative attitudes towards the separation of new branches of law inevitably lead to gaps in the field of special legal research and, as a consequence, to a lack of qualified personnel with specialized knowledge. It is suggested to take into account the positive experience of foreign colleagues of lawyers who boldly present the achievements of current practices and are not afraid to consider them branches of law, we mean educational, sports, military, gender, «cryptocurrency», admiralty law and others. It is concluded that the division of law into new branches allows more effective regulation of legal relations in relevant areas, given that global trends are increasingly in demand for universal lawyers, but with specialization, with in-depth knowledge in one or more areas of law. Keywords: branch of law, subject of legal regulation, method of legal regulation, complex branch of law

Creating a Deep Past for a New Nation

2020 ◽  
pp. 210-245
Author(s):  
Michael D. Hattem
Keyword(s):  
Native Americans ◽  
Natural History ◽  
Colonial Period ◽  
Natural History Museums ◽  
British Imperialism ◽  
American Antiquity ◽  
History Museums ◽  
The Creation ◽  
New Republic ◽  
New Nation

This chapter explores the ways in which Americans sought, created, and promoted a “deep national past,” or American antiquity, for the new republic. The first half of the chapter explores how the use of Columbian, biblical, and epic symbolism all contributed to Americans’ sense of a past deeper even than that of the colonial period. The second half of the chapter explores the nationalization of both natural history and the indigenous pasts of Native Americans and their expression in the nation’s first natural history museums. The creation of a deep past grounded both in myth and the land was—like the simultaneously reimagined colonial past—part of a broader attempt to establish cultural independence from Britain, in this case by fostering a sense of national origins that transcended British imperialism and the British past altogether.

Visually Mapping the “Nation”: Swadeshi Politics in Nationalist India, 1920–1930

2003 ◽  
Vol 62 (1) ◽  
pp. 11-41 ◽  
Author(s):  
Lisa N. Trivedi
Keyword(s):  
South Asia ◽  
Early Years ◽  
Home Rule ◽  
Goods Movement ◽  
Self Sufficiency ◽  
Cloth Production ◽  
New Form

In the early years of mass nationalism in colonial South Asia, Mohandas Gandhi inaugurated a swadeshi (indigenous goods) movement, which aimed to achieve swaraj, or “home rule,” by establishing India's economic self-sufficiency from Britain. Invoking an earlier movement of the same name, Gandhi created a new form of swadeshi politics that encouraged the production and exclusive consumption of hand-spun, hand-woven cloth called khadi. The campaign to popularize this movement took many forms, including the organization of exhibitions that demonstrated cloth production and sold khadi goods. On the occasion of one such exhibition in 1927, Gandhi explained the significance of exhibitions for the movement:[The exhibition] is designed to be really a study for those who want to understand what this khadi movement stands for, and what it has been able to do. It is not a mere ocular demonstration to be dismissed out of our minds immediately. … It is not a cinema. It is actually a nursery where a student, a lover of humanity, a lover of his own country may come and see things for himself.(“The Exhibition,” Young India, 14 July 1927)

Textbook Conflicts in South Asia

2010 ◽  
Vol 2 (2) ◽  
pp. 29-45 ◽  
Author(s):  
Deepa Nair
Keyword(s):  
World War Ii ◽  
Political Parties ◽  
South Asia ◽  
World War ◽  
The Past ◽  
Nation States ◽  
National Memory ◽  
Publishing Houses ◽  
Political Milieu ◽  
New Nation

The aftermath of World War II saw the emergence of many new nation-states on the Asian geopolitical map and a simultaneous attempt by these states to claim the agency of nationhood and to create an aura of a homogenous national identity. Textbooks have been the most potent tools used by nations to inject an idea of a national memory - in many instances with utter disregard for fundamental contradictions within the socio-political milieu. In South Asia, political sensitivity towards transmission of the past is reflected in the attempts of these states to revise or rewrite versions which are most consonant with the ideology of dominant players (political parties, religious organizations, ministries of education, publishing houses, NGOs, etc.) concerning the nature of the state and the identity of its citizens. This paper highlights the fundamental fault lines in the project of nation-building in states in South Asia by locating instances of the revision or rewriting of dominant interpretations of the past. By providing an overview of various revisionist exercises in South Asia, an attempt will be made to highlight important issues that are fundamental to the construction of identities in this diverse continent.

Developing Internet Jurisdiction in B2B and B2C Contracts: Focusing on Iranian Legal System with Comparative Study of American, English and eu Laws

2017 ◽  
Vol 31 (3) ◽  
pp. 276-304
Author(s):  
Taher Habibzadeh
Keyword(s):  
Comparative Study ◽  
International Law ◽  
Consumer Protection ◽  
Legal System ◽  
American English ◽  
Computer Software ◽  
Modern World ◽  
Private International Law ◽  
Habitual Residence ◽  
Electronic Communications

Abstract In the modern world, electronic communications play a significant role in areas of national and international law such as Internet jurisdiction. Private international law provides that the competent court is the court within which jurisdiction the contract is performed, so it is important to know the place of performance of the contract in the case of contracts for digital goods such as e-books or computer software delivered online. It is equally important in the case of electronic services such as e-teaching. Furthermore, as consumer protection in B2C contracts is important in developing global e-commerce, it is important to consider whether the consumer party is able to bring an action against the business party in his own place of domicile or habitual residence. The article analyses these questions and proposes ways in which the Iranian legal system might be developed to address issues of Internet jurisdiction in B2B and B2C contracts.

scholarly journals Measuring Law Over Time: A Network Analytical Framework with an Application to Statutes and Regulations in the United States and Germany

2021 ◽  
Vol 9 ◽  
Author(s):  
Corinna Coupette ◽  
Janis Beckedorf ◽  
Dirk Hartung ◽  
Michael Bommarito ◽  
Daniel Martin Katz
Keyword(s):  
United States ◽  
Network Analysis ◽  
Legal System ◽  
Social Systems ◽  
The United States ◽  
Single Type ◽  
Modern World ◽  
Legal Documents ◽  
Original Dataset ◽  
Over Time

How do complex social systems evolve in the modern world? This question lies at the heart of social physics, and network analysis has proven critical in providing answers to it. In recent years, network analysis has also been used to gain a quantitative understanding of law as a complex adaptive system, but most research has focused on legal documents of a single type, and there exists no unified framework for quantitative legal document analysis using network analytical tools. Against this background, we present a comprehensive framework for analyzing legal documents as multi-dimensional, dynamic document networks. We demonstrate the utility of this framework by applying it to an original dataset of statutes and regulations from two different countries, the United States and Germany, spanning more than twenty years (1998–2019). Our framework provides tools for assessing the size and connectivity of the legal system as viewed through the lens of specific document collections as well as for tracking the evolution of individual legal documents over time. Implementing the framework for our dataset, we find that at the federal level, the United States legal system is increasingly dominated by regulations, whereas the German legal system remains governed by statutes. This holds regardless of whether we measure the systems at the macro, the meso, or the micro level.

Revisiting Jomo Kenyatta’s Nation Branding through the Construction of National Identity in Kenya.

2021 ◽  
Vol 3 (1) ◽  
pp. 260-275
Author(s):  
Fred Ernest Nasubo
Keyword(s):  
National Identity ◽  
Colonial Period ◽  
Nation Branding ◽  
Cultural Elements ◽  
British Identity ◽  
Visual Elements ◽  
New Meanings ◽  
New Form ◽  
New Nation

This study analysed nation branding through the mobilisation of elements of Kenya’s national identity under Jomo Kenyatta’s regime. Nation branding and national identity perspectives are used to deepen the understanding of how Kenya constructed and branded its identity. It advances the notion that, as Kenya transitioned from colonialism to independence, a new nation was reimagined and redefined by mobilising elements of national identity and according them new meanings. The study is founded on the notion that the concept of nation branding is not new, nor is the practice since nations have historically reinvented themselves due to the changing circumstances. For Kenya, nation branding can be traced to the period following independence through the construction of the country’s national identity. This process was marked with the mobilisation of Kenya’s cultural elements aimed at replacing customs and traditions of the British constructed during the colonial period. Kenya’s nationalist leaders were motivated by the idea that colonialism had led to the emergence of a new breed of Africans shaped by and practising British cultures; a new form of culture that was neither African nor British or a new hybrid; and a group of Africans who were firmly attached to their African traditions. The need by Jomo Kenyatta, therefore, to change the colonial image to one that resonated with independent Kenya, as well as to assert his rule called for the replacement of the sonic and visual elements of British identity with those resonating with the new nation.

To Savor the Meaning

2021 ◽  
Author(s):  
James D. Reich
Keyword(s):  
South Asia ◽  
Intellectual History ◽  
Religious Education ◽  
Literary Theory ◽  
Golden Age ◽  
Modern World ◽  
Religious Philosophy ◽  
Religious Influence ◽  
History Of ◽  
Language Literature

Medieval Kashmir in its golden age saw the development of some of the most sophisticated theories of language, literature, and emotion articulated in the pre-modern world. These theories, enormously influential on the later intellectual history of South Asia, were written at a time when religious education was ubiquitous among intellectuals, and when religious philosophies were hotly and publicly debated. It was also a time of deep inter-religious influence and borrowing, when traditions intermixed and intellectuals pushed the boundaries of their own inheritance by borrowing ideas from many different places—even from their rivals. To Savor the Meaning examines the overlap of literary theory and religious philosophy in this period by looking at debates about how poetry communicates emotions to its readers, what it is readers do when they savor these emotions, and why this might be valuable. Focusing on the work of three influential figures—Ānandavardhana (ca. 850 CE), Abhinavagupta (ca. 1000 CE), and the somewhat lesser known theorist Mahimabhaṭṭa (ca. 1050 CE)—this book gives a broad introduction to their ideas and reveals new, important, and previously overlooked aspects of their work and their debates, placing them within the wider context of the religious philosophies current in Kashmir at the time, and showing that their ideas cannot be fully understood in isolation from this broader context.

Developing the Legal Environment for Business in the Kingdom of Saudi Arabia: Comments and Suggestions

2013 ◽  
Vol 27 (4) ◽  
pp. 371-391
Author(s):  
Torki A. Alshubaiki
Keyword(s):  
Saudi Arabia ◽  
Legal System ◽  
Comparative Law ◽  
Modern World ◽  
Legal Environment ◽  
Intellectual Curiosity ◽  
Commercial Law ◽  
Kingdom Of Saudi Arabia ◽  
Religious Perspective ◽  
Research Centres

Abstract Closing the door of ijtihād or independent reasoning in the 10th century resulted in a legal system that was often at odds with the modern world, especially in the area of contracts. Although it is considered to be a big breakthrough at the present time that some of the religious figures or ulama in Saudi Arabia have finally expressed their interest in the codification of laws, the issue has to be dealt with from a different, not only religious, perspective. The importance of comparative law must be expressed when dealing with all commercial matters. Promoting and encouraging intellectual curiosity in different legal areas through academic institutions and research centres will drive the scholars to study the commercial law subjects from a number of different perspectives. In that process, they will develop a better understanding of their own system and know the way of developing it.

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