Muslim Judges at the Road of Intersection

Hawwa ◽  
2020 ◽  
Vol 18 (2-3) ◽  
pp. 143-161
Author(s):  
Nahda Shehada
Keyword(s):  
Social Status ◽  
Social Factors ◽  
Educational Background ◽  
Law And Society ◽  
Daily Routine ◽  
The Road ◽  
Moral Standards ◽  
Custody Of Children ◽  
The Law

Abstract The work of Muslim judges in the shariʿa courts ranges from enforcing specific moral standards to redistributing wealth in accordance with Islamic inheritance norms. Judgments in cases involving divorce, alimony, and the custody of children are nonetheless part and parcel of the judges’ daily routine. This paper uses ethnographic work in Gaza–Palestine to explore whether, how, and why judges assert certain rules and norms on some occasions but make adjustments or accommodations on others during the process of adjudication. It tries to uncover certain ambivalences in the law and society that allow them to adjust situationally. Social factors such as gender, social status, educational background, and class are scrutinized to see how they are played out, together or separately, in the process of adjustment. Orality as a method is central to the judges’ work as well as to the analysis.

LEGAL ESSENCE OF ANCIENT PROVERBS AND SAYS AND THEIR SOCIAL SIGNIFICANCE

2020 ◽  
Author(s):  
Angela Dranishnikova ◽  
Ivan Semenov
Keyword(s):  
Public Sphere ◽  
Rule Of Law ◽  
Social Significance ◽  
The Rule Of Law ◽  
The Public ◽  
Moral Standards ◽  
The Social ◽  
The Law ◽  
The Public Sphere ◽  
Status Position

The national legal system is determined by traditional elements characterizing the culture and customs that exist in the social environment in the form of moral standards and the law. However, the attitude of the population to the letter of the law, as a rule, initially contains negative properties in order to preserve personal freedom, status, position. Therefore, to solve pressing problems of rooting in the minds of society of the elementary foundations of the initial order, and then the rule of law in the public sphere, proverbs and sayings were developed that in essence contained legal educational criteria.

Politics and Research: Epistemological Moments

1990 ◽  
Vol 15 (01) ◽  
pp. 149-154 ◽  
Author(s):  
Adelaide H. Villmoare
Keyword(s):  
Social Science ◽  
Social Science Research ◽  
Science Research ◽  
Law And Society ◽  
Social Scientists ◽  
The Law ◽  
The Relationship

In reading the essays by David M. Trubek and John Esser and Boaventura de Sousa Santos, I thought about what I call epistemological moments that have provided contexts within which to understand the relationship between social science research and politics. I will sketch four moments and suggest that I find one of them more compelling than the others because it speaks particularly to social scientists with critical, democratic ambitions and to Trubek and Esser's concerns about politics and the intellectual vitality of the law and society movement.

Living Well Together

2021 ◽  
Vol 3 (1) ◽  
pp. 49-70
Author(s):  
Lori G. Beaman ◽  
Cory Steele
Keyword(s):  
Health Education ◽  
Law And Society ◽  
Specific Interest ◽  
Religious People ◽  
Living Well ◽  
Vital Component ◽  
The Law ◽  
Religious Landscape ◽  
Christian Society

Abstract This paper considers the study of nonreligion as a vital component of the discussion about “how to live well together” in the “new diversity.” Our specific interest concerning the notion of the “new diversity” is that of nonreligion. This paper therefore focuses on the intersection of law and nonreligion, in the areas of health, education, migration, and the environment. We argue that a continued shift away from a majoritarian Christian society in Canada and toward the “new diversity” has rather significant implications for law and society. The law has been increasingly required to balance the beliefs, values, and practices of both nonreligious and religious people to ensure Canadians can “live well together” in an ever changing (non)religious landscape.

scholarly journals Can philosophy contribute to a change of ethos? (The road from the law of the ethos toward European law

2003 ◽  
pp. 117-135
Author(s):  
Jovan Arandjelovic
Keyword(s):  
Decision Making ◽  
Crucial Role ◽  
European Law ◽  
The Road ◽  
European Institutions ◽  
Democratic State ◽  
The Law ◽  
Sense Of Justice ◽  
New Criteria

The author examines the character of the changes taking place in contemporary Serbian society. He emphasizes at the same time that contemporary Serbian philosophy is facing these crucial questions as well, which without it cannot be even addressed, let alone solved. The key difference between modern West European and contemporary Serbian societies, seen from the perspective of philosophy, is demonstrated most clearly in the manner of constituting institutions and transforming the modern Serbian society. In the process of building modern institutions philosophy, not just in our country but throughout the Slavic East, has not had the role it played in Europe. Here lies the explanation why natural consciousness and an original ethos, though considerably modified, still remain unadapted and today represent a major obstacle to the establishment of the rule of European law. Without a change in the sense of justice and respect for the law it is impossible to accomplish the transformation of the society in which the law recognized by a democratic state could not be super ordinate to any reason. The crucial role of philosophy in this process is seen by the author not only in establishing modern European institutions and acceptance of the principle of European legislation, but above all in its influence on the transformation of the original ethos and establishment of new criteria on which the reflection, decision making and action of any individual would be based. .

scholarly journals Iudex qui iuravit sibi non liquere

1996 ◽  
Vol 39 (3-4) ◽  
pp. 215-226
Author(s):  
Jan Zabłocki
Keyword(s):  
Social Status ◽  
Moral Character ◽  
Ancient Rome ◽  
Legal Evidence ◽  
Aulus Gellius ◽  
Full Knowledge ◽  
The Law

In the 2nd century B.C. in ancient Rome it was not required of the judges that they were conversant with the law. Every Roman citizen who had certain social status could be enroled on album iudiciorum selectorum. In The Attic Nights (Gell. 14.2) Gellius describes how after being chosen by the paetors among the iudices he sought texts in Greek as well as Latin on duties of a judge. But in complicated cases and in doubts engendered by conflicting opinions, such books simply could not help him. Aulus Gellius mentions one problem that was presented to him and that was a real conundrum. Namely a sun of money was claimed before him which was said to have been paid and counted out (pecunia non numerata) but the plaintiff did not support his case by witness, relying only on slender arguments. However, it was clear that he was on unimpeachable moral character while the defendant had a questionable reputation and was often convicted of mendacity, full of treachery and fraud. Since Gellius did not want to reach verdict precipitately, he consulted some friends of great legal experience. They had no doubt that the defendant should be acquitted and that it was no use retarding the proceedings since the plaintiff could not produce the legal evidence required (either expensilatio, mensae rationes, chirographum, tabulae obsignatae or testes). But Gellius knew well that if he had returned a verdict of not guilty, the plaintiff would have been subject to iudicium de calumnia. Therefore author of The Attic Nights didn’t feel satisfied and consulted Favorinus, a well-know philosopher. The latter proceeded to discuss various aspects of a judge’s function. He pondered, for instance, whether a judge should reach to verdict on the basis of his full knowledge or only in accordance with what has been brought up during the trial. In the end Favorinus advised Gellius a decision in favour of the plaintiff on the ground of his creditable character. Nevertheless Gellius could not make up his mind and accordingly took oath mihi non liquere and in that way he was relieved from rendering a decision.

scholarly journals Perubahan Sosial, Ijtihad dan Dinamika Hukum Islam

2018 ◽  
Vol 4 (1) ◽  
pp. 63-76
Author(s):  
Salamah Eka Susanti
Keyword(s):  
Social Change ◽  
Social System ◽  
Social Dynamics ◽  
Islamic Law ◽  
Social Changes ◽  
Cultural Objects ◽  
The Road ◽  
The Social ◽  
Rapid Changes ◽  
The Law

The Qur'an contains only a small number of detailed laws, while the sunna is limited to the cases that occurred in its time, so to solve new problems, ijtihad is required. In such a connection for a Muslim, new problems arising from the progress of science and technology, should not be confronted with confrontational passages, but must be solved by ijtihadi.Karena reality often occurs, that the development of society and public opinion faster the pace of the road from on the development of the law itself. The dynamics of people's lives are characteristic of change. Through the power of intention, power, and creativity, humans create cultural objects as a result of their creations. Changes that occur in society when observed can occur in various There are slow changes (evolution) and there are rapid changes (revolution). The social changes that occur in a society, directly or indirectly, affect institutions in various fields, such as government, economics, education, religion and so on. The continuation of an impact on the social system changes. When the law is faced with social change, it occupies one of its functions, which can function as a means of social control, and the law can serve as a means of social change. the characteristics of the law above is due to the inconsistency of social dynamics and the dynamics of law in the life of society. Unequaled dynamics of society and law, usually will bring social lag. From here, then comes a question whether Islamic law as a norm of God's determination can experience changes in accordance with the needs of the community? Ijtihad is an important factor for the development and development of Islamic law.Ijtihad done to answer the problems that arise in society that is not yet known legal status.ijtihad has a wide scope, the issues are not regulated explicitly dala m al-Qur'an and sunna can be done ijtihad. In order for humans to have breadth in determining its activities according to its ability, needs and environment. Therefore ijtihad in the field of Islamic law in anticipating the dynamics of society and social changes concerning the values, behavior patterns, and social system of a society is a concern in establishing Islamic law. Thus ijtihad is the third source in the development of Islamic law. Keywords: Social Change, Ijtihad, Law, Islamic.

scholarly journals CIVIL AND CRIMINAL RULES OF THE BABYLONIAN LAW

2013 ◽  
Author(s):  
Ion Tutuianu
Keyword(s):  
Human Rights ◽  
Social Status ◽  
Public Administration ◽  
Scientific Development ◽  
Family Obligations ◽  
The Law ◽  
The Right ◽  
Administrative Penalty

By its age and principles, Babylonian law has drawn attention of all epochs, laying at the basis of scientific development of modern law. The regulation, more than 4000 years ago, of property, family, obligations, public administration, succession, probation principle, represents the proof that the institutions which today regulate these aspects, have been a preoccupation for mankind ever since its beginning. Even if penalties were distributed depending on social status, a progressive element is represented by the fact that the act could only be punished if it met the condition of intent. The legal monument of this system of law, Hammurabi Code, has an important signification by the fact that upon that date, the law and the judges aimed at ensuring life to citizens and to guarantee them certain rights, considerably more than other countries in the epoch. It is striking that in antiquity, the right of succession lies all the children regardless of the number of marriages and criminal aspect beyond class character, crimes regulation retained the substance, the changes incurred on penalties take into account the evolution of human rights, as how malpractice mutilation was replaced by pecuniary or administrative penalty.

scholarly journals LOOKING FOR QUALITY: THE EMPIRICAL DEBATE IN ACCESS TO JUSTICE RESEARCH

2013 ◽  
Vol 31 (2) ◽  
pp. 229 ◽  
Author(s):  
Jennifer A Leitch
Keyword(s):  
Empirical Studies ◽  
Law And Society ◽  
Access To Justice ◽  
Justice Research ◽  
Conceptual Debate ◽  
Il Y A ◽  
The Law ◽  
The Impact

Access to Justice remains one of the most contested issues on the law-and-society agenda.  There has been continuing conceptual debate over its meaning, its objectives, and its success.  Of late, attention has turned to efforts to measure the impact and efficacy of different initiatives aimed at improving individuals’ access to justice.  Along with a broader turn toward empirical studies in law, there have been renewed efforts within the access to justice field to develop a more compelling and convincing methodology by which to assess and evaluate these different initiatives. L’accès à la justice demeure l’une des questions les plus contestées à l’ordre du jour « droit et société ». Il y a un débat conceptuel continu au sujet de son sens, de ses objectifs et de son succès. Récemment, l’attention s’est tournée vers les efforts visant à mesurer l’impact et l’efficacité de différentes initiatives ayant pour but d’améliorer l’accès à la justice des particuliers. Outre une tendance plus générale vers des études empiriques en droit, il y a eu, dans le domaine de l’accès à la justice, des efforts renouvelés visant à élaborer une méthodologie plus contraignante et convaincante pour évaluer ces différentes initiatives.

scholarly journals Aircraft Mortgage in Indonesia: Alternative Object of Material Guarantee as a Debt Settlement

2019 ◽  
Vol 8 (2S9) ◽  
pp. 601-607
Keyword(s):  
Civil Code ◽  
Law And Society ◽  
Legal Certainty ◽  
Normative Study ◽  
Immovable Object ◽  
Legal Uncertainty ◽  
The Law ◽  
Mortgage Law

In the development of material law in Indonesia, it is known both registered objects and unregistered objects that by analogy, registered objects are categorized as immovable objects. In Indonesia, aircraft are being classified as a registered object that can be guaranteed in the form of the mortgage as a debt settlement. Along with the development of law and society, the mortgage regulations are only mentioned briefly in the Indonesian Law of Fiduciary and the Law of Notary Position which state that an aircraft can be guaranteed in the form of a mortgage. However, until recently, any particular regulations regarding aircraft mortgage in Indonesia are not yet available. This research is a normative study that uses historical, statute, and comparison approaches. The problems examined in this study: firstly, how the mortgage as a material guarantee institution in Indonesia is being regulated. Secondly, does the mortgage institution have the potential as an alternative object of material guarantee for aircraft? The result of the study shows that the regulations on aircraft mortgage in Indonesia still refer to the ones in the Indonesian Civil Code. Meanwhile, the institution that has the potential as an alternative object of material guarantee for aircraft is in the form of mortgage because an airplane is a registered object which is analogous to an immovable object. It can be concluded, therefore, that there is a weakness in aircraft mortgage stipulation in Indonesia which may create legal uncertainty and weaken the position of the creditor. Therefore, along with the development of the community and the existence of legal certainty, it is necessary to make an aircraft mortgage law immediately.

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