scholarly journals Introduction

Hawwa ◽  
2020 ◽  
Vol 18 (2-3) ◽  
pp. 117-142
Author(s):  
Susanne Dahlgren ◽  
Monika Lindbekk
Keyword(s):  
North Africa ◽  
Islamic Law ◽  
Family Law ◽  
Modern Times ◽  
Political Processes ◽  
Nation States ◽  
The Family ◽  
Basic Features ◽  
The 19Th Century ◽  
Muslim Family

Abstract This article focuses on adjudication of Muslim family law in countries that range from the Middle East and North Africa to South-East Asia. It begins by shortly summarizing the development of shari‘a in pre-modern times, up until the 19th century. We discuss the basic features of marriage among classical jurists and argue that the close connection known today between the family and Islamic law can be traced to the emergence of modern nation states and centralizing state structures. We then provide a description of important personal status reforms during the 20th and 21st centuries and consider the growing body of scholarship that engages with adjudication of Muslim family law in action and in context. Finally, we consider the contribution that the articles contained in the special double issue make to the field of research, including the questions of gender and judicial authority, religion-based judicial activism, and the courts’ involvement in larger socio-political processes.

Slavery and the Slave Trade in the Sokoto Caliphate

2021 ◽  
Author(s):  
Murray Last
Keyword(s):  
19Th Century ◽  
North Africa ◽  
Islamic Law ◽  
Slave Trade ◽  
Local Markets ◽  
Large Numbers ◽  
Women And Children ◽  
Sokoto Caliphate ◽  
Muslim Communities ◽  
The 19Th Century

Established using a conventional Islamic model of government, the new Muslim state in Sokoto, known as the Sokoto Caliphate (1804–1903), possessed eventually very large numbers of men, women, and children, taken captive (usually when children) in jihad from mainly non-Muslim communities, to serve as slaves. These slaves worked on farms or within households, they might be concubines and bear children for their owners; or they might be sold as children for export to North Africa in payment for the luxury imports the new elite wanted. Slaves were, under Islamic law, deemed “minors” or “half-persons,” and so had rights that differed from those of the free Muslim. By the end of the 19th century there were more slaves on the local markets than could be sold; exports of captives to North Africa had already dropped. For some captives enslaved as children, however, the career as a slave led eventually to high political positions, even to owning many slaves of their own. But slaves’ property, even their children, ultimately belonged to the slave’s owner. Revolts by male slaves were very rare, but escape was commonplace. Concubines, if they ever became pregnant by their owner, could not be sold again. The abolition of slavery c.1903 was slow to become a reality for many individual slaves, whether men or women.

scholarly journals RANCANGAN QANUN HUKUM KELUARGA ACEH DALAM HIRARKI PERUNDANG-UNDANGAN INDONESIA

2019 ◽  
Vol 5 (2) ◽  
Author(s):  
Fadli ◽  
Muammar
Keyword(s):  
Constitutional Law ◽  
Islamic Law ◽  
Family Law ◽  
Daily Lives ◽  
Legal Rules ◽  
Indonesian Population ◽  
Unitary State ◽  
The Family ◽  
Aceh Province ◽  
Points Of View

This study wants to analyze the position of the Aceh qanun in the Indonesian legislative hierarchy. The discussion on the development of qanun cannot be separated from the events of the 1998 Reformation, which demanded the existence of democracy in various sectors of state life. The implementation of Islamic sharia in Aceh which is carried out by forming qanun-qanun is organized based on the Law on special autonomy, namely Law Number. 8 of 2001 concerning Special Autonomy for the Province of Aceh as the Province of Nanggroe Aceh Darussalam and Law Number. 11 of 2006 concerning Aceh Government. The author analyzes the legality of the Family Law Qanun Draft with the construction of constitutional law in terms of two points of view, namely the formality of establishing legislation and the concept of a unitary state. Based on the background that has been elaborated above, the issues to be discussed are: (1) how is the legality of the Family Law Qanun Draft in terms of the concept of a unitary state? (2) how is the legality of the Family Law Qanun Draft in terms of the formality of forming legislation? The position of Qanun in the legal system in Indonesia is different from local regulations in Indonesia which are also based on several reasons. First, legally the position of Qanun in Aceh Province clearly has a stronger legal force compared to other regional regulations in Indonesia. Secondly, sociologically, the majority of Indonesian population, especially in Aceh Province, implies that they have practiced Islam in their daily lives. Although the level of acceptance of Islamic law itself is stratified, nevertheless Islam becomes the dominant value in daily life, both in the spiritual content, language, culture, practice of behavior to the implementation of Islamic Sharia itself. Third, in terms of Islamic law, the content is loaded with the theme of justice. Islam which in its teachings also contains legal rules is a teaching system as well as a methodology for its achievement, because every nation has the same and universal ideals, in the form of justice, order, peace, harmony, holiness, and so forth. This rule is of course in accordance with the needs of humans who live on this earth.Keywords: Qanun, Family Law, Legislation. 

The Independence of New Spain and the Establishment of the Mexican Republic, 1808–1824

2018 ◽  
Author(s):  
Jaime E. Rodríguez O.
Keyword(s):  
Political System ◽  
New Spain ◽  
Home Rule ◽  
Political Processes ◽  
The Past ◽  
Political Ideas ◽  
Nation States ◽  
The 19Th Century ◽  
Institutional Relationships ◽  
Modern Nation State

The independence of New Spain was not the result of an anti-colonial struggle. Rather, it was a consequence of a great political revolution that culminated in the dissolution of the Spanish Monarchy, a world-wide political system. The movement was an integral part of the broader process that was transforming antiguo régimen societies into modern liberal nation states. The new country of Mexico that emerged from the break up of the Spanish Monarchy retained many of the shared institutions, traditions, and practices of the past. Although political ideas, structures and practices evolved rapidly after 1808, antiguo régimen social, economic, and institutional relationships changed slowly. Throughout this period of transformation, new political processes and liberal institutions merged with established traditions and practices. Two broad movements emerged in the Spanish World, a great political revolution that sought to transform the Spanish Monarchy into a modern nation state with the most radical constitution of the 19th century, and a fragmented insurgency that relied on force to secure local autonomy or home rule. These two overlapping processes influenced in a variety of ways. Neither can be understood in isolation.

Triple Ṭalāq in One Session: An Analysis of the Opinions of Classical, Medieval, and Modern Muslim Jurists under Islamic Law

2013 ◽  
Vol 27 (1) ◽  
pp. 29-49
Author(s):  
Muhammad Munir
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Point Of View ◽  
Muslim Family

Abstract This work analyzes one of the hottest and most tricky issues of the Muslim Family Law, i.e., whether in cases of divorce (ṭalāq), three repudiations spoken in one session equal one or three repudiations. There had been no disagreement regarding this issue among the four Sunni Schools of Jurisprudence until the end of the 7th century Hijrah when Ibn Taimiyah and Ibn al-Qayim challenged the position of the ğamhūr (majority of Islamic scholars). Before them only the Shīʿa and the Ẓāhirites had treated three pronouncements in one session as one. The ğamhūr has given very strong arguments in support of their point of view, whereas Ibn Taimiyah and Ibn al-Qayim have advanced very weak arguments in support of their view. The Shīʿa Imāmiyah School of Thought holds two opinions. According to one view, three ṭalāqs in one session amount to one, while the second point of view holds that three repudiations in one session do not amount to any ṭalāq.

Prodesse et delectare: The World of National Literatures and the World of Literature

2007 ◽  
Vol 15 (1) ◽  
pp. 105-114
Author(s):  
HERBERT GRABES
Keyword(s):  
Middle Ages ◽  
Literary History ◽  
Classical Antiquity ◽  
Modern Times ◽  
Early Christian ◽  
Nation States ◽  
The World ◽  
Early Modern Times ◽  
Literary Histories ◽  
The 19Th Century

In a survey of the writing of literary histories in Europe, it is first pointed out that, in classical Antiquity and in the early Christian period from the fourth to the 12th centuries, such histories were transnational. After the Middle Ages, in which we find only catalogues of particular libraries, the rise of the European nation states in early modern times motivated the writing of national literary histories. With a concentration on the development in Britain, it is then shown that this development reached its peak in the 19th century, yet is still very strong today. In comparison, some examples of histories of European literature show that such transnational histories may also be informed primarily by the principle of prodesse in presenting either written culture or only what seems favourable for the understanding of national literary history; they may, however, also give more attention to literature and the imagination than to nations or culture and in that way foster delectare.

scholarly journals إشكالية انتهاء كفالة الطفل في قانون الأسرة والقضاء الجزائري

2021 ◽  
Vol 9 (1) ◽  
pp. 153-167
Author(s):  
Halima Mechouet ◽  
Asma Akli Soualhi
Keyword(s):  
Child Support ◽  
Islamic Law ◽  
Family Law ◽  
Difficult Situation ◽  
Judicial Decisions ◽  
The Supreme Court ◽  
The Family ◽  
The Subject ◽  
Family Code ◽  
Child Sponsorship

Abstract in English: In the article 46, the Algerian Family Code stipulates the following: "Adoption is prohibited by both the Sharia and Law". Therefore, it is clearly understood that the interdiction of adoption doesn’t contradict the Islamic law (Sharia). But due - on one hand - to the confusion in Algerian society with regard to the conception of adoption with all its consequences, and on the other hand the difficult situation of many abandoned children and the suffering of many families who are not blessed with the fertility or the capacity of reproduction, the Algerian legislature has been forced to find solutions to such difficult cases. Therefore, a child support legislation (guardianship or sponsorship) has been established under the following Articles 116 and 125 of the Family Code. The study was based on the Algerian laws on the issue of the termination of child sponsorship and applied by the Algerian judiciary. The problem of the study is to know the cases of termination of child sponsorship in the Algerian family law, and the position of the Algerian judiciary on this issue. This study aims to mention the cases in which the sponsorship of the child ends in the Algerian family law, and to discuss some of the Algerian judicial decisions issued by the Supreme Court, related to the subject of the study in question. The study relied on the analytical method, in order to analyze legal texts and discuss judicial decisions. The study concluded that the Algerian family law stipulated some cases in which the sponsorship of the child ends, and neglected to mention other cases.   Abstract in Arabic: لقد نص المشرع الجزائري في المادة 46 من قانون  الأسرة على  ما يلي: "يمنع التبني شرعا وقانونا".يتضح من تحليل هذه المادة أن المشرع منع الآخذ بنظام التبني تماشياً مع أحكام الشريعة الإسلامية. لكنه، ونظرا للمشاكل المترتبة على قضية التبني في المجتمع الجزائري من أخذ وردو كذلك بالنسبة للوضعية الصعبة لبعض الأطفال المهملين، وكذا معاناة بعض الأسر التي لا تنعم بالإنجاب، التجأ المشرع الجزائري إلى حل يتجلى في الكفالة، فنظم أحكامها في المواد من 116 إلى 125 من قانون الأسرة. استندت الدراسة إلى القوانين الجزائرية الخاصة بموضوع انتهاء كفالة الطفل والمطبقة  من طرف القضاء الجزائري. تتمثل إشكالية الدراسة في معرفة حالات انتهاء كفالة الطفل في قانون الأسرة الجزائري، وموقف القضاء الجزائري من هذه المسألة. تهدف هذه الدراسة إلى ذكر الحالات التي تنتهي بها كفالة الطفل في قانون الأسرة الجزائري،ومناقشة بعض القرارات القضائية الجزائرية الصادرة عن المحكمة العليا،والمتعلقة بموضوع الدراسة محل البحث. لقد اعتمدت الدراسة على المنهج التحليلي، وذلك من أجل  تحليل النصوص القانونية ومناقشة القرارات القضائية. لقد توصلت الدراسة إلى أن  قانون الأسرة الجزائري نص على بعض الحالات التي تنتهي بها كفالة الطفل،وأغفل عن ذكر الحالات الأخرى

A Prolonged Abrogation? The Capitulations, the 1917 Law of Family Rights, and the Ottoman Quest for Sovereignty during World War 1

2020 ◽  
Vol 52 (2) ◽  
pp. 245-260
Author(s):  
Kate Dannies ◽  
Stefan Hock
Keyword(s):  
Ottoman Empire ◽  
Islamic Law ◽  
Family Law ◽  
World War ◽  
Women And Gender ◽  
The Family ◽  
French And English ◽  
History Of ◽  
The Law ◽  
And Gender

AbstractThe 1917 promulgation of a new Ottoman family law is recognized as a landmark moment in the history of Islamic law by scholars of women and gender in the Middle East. Yet the significance of the 1917 law in the struggle over religious jurisdiction, political power, and Ottoman sovereignty has been overlooked in the scholarship on both Ottoman legal reform and World War 1. Drawing on Ottoman Turkish, German, French, and English sources linking internal interpretations of the law and external reactions to its passage, we reinterpret adoption of the family law as a key moment in the geopolitics of World War 1. We demonstrate that passage of the law was a critical turning point in the wartime process of abrogating the capitulations and eliminating the last vestiges of legal extraterritoriality in the Ottoman Empire. The law is situated in its wartime political context and the geopolitical milieu of larger Europe to demonstrate that, although short-lived, the 1917 family law was a centerpiece of the wartime struggle to define extraterritorial rights of the Ottoman Empire, the Great Powers, and their protégés within the empire.

scholarly journals Dinamika Hukum Keluarga Islam dan Isu Gender di Iran: Antara Pemikiran Elit Sekuler dan Ulama Islam

2021 ◽  
Vol 4 (2) ◽  
pp. 205-2020
Author(s):  
Fathonah K. Daud ◽  
Aden Rosadi
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
The Other ◽  
Islamic Republic ◽  
Marriage Law ◽  
Highly Educated ◽  
Library Research ◽  
The Family ◽  
Iranian Family ◽  
Islamic Republic Of Iran

This article examines the dynamics of family law in the Islamic Republic of Iran where there are upheavals and struggles between the secular elites and ulama from 1927 to the present day. This study applied a library research by digging up information related to the theme of the study. The results of this study indicate that the Islamic Republic of Iran is dominantly Shia Imamiyyah (Jafari) but it also accommodates the Hanafi (Sunni) School in the field of marriage law. Iranian family law has gone through many changes. Since 1928 the issue of divorce and marriage which was originally regulated in Irans Qanun Madani came into force in 1930, the Marriage Law was then enacted in 1931. After three decades, in 1967 there was a reformation, the Marriage Law was replaced by the Family Protection act, then it was replaced with the Protection of Family in 1975. These laws are a combination of Islamic Law and French civil Jurisprudence, though they seem more secular. However, since the Iranian Revolution in 1979, these laws have been abolished and all laws in Iran have been returned to sharia law. As a result, the laws become repressive against women, except in the field of inheritance which provides gender equality. While there have been many highly educated women in Iran, since 2006 many women have filed for divorce. On the other hand, the practice of mutah marriage has begun to be abandoned and polygamy is opposed by the community.

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