Muḥyī l-Dīn Ibn ʿArabī’s Personalist Theory of the Sharīʿa

While Ibn ʿArabī (d. 638/1240) continues to receive much attention within the academe as a preeminent Sufi philosopher, his jurisprudence, by contrast, rarely elicits the same attention, despite the prominent mention of the Sharīʿa throughout his many works. This paper provides an exhaustive overview of his sophisticated legal doctrine in terms of his legal methodology and substantive law. An analysis of his legal epistemology would situate him within the ‘scripturalist’ stream of legal theorists, commonly associated with the Zāhiri school. However, while Ibn Ḥazm (d. 456/1064) certainly influenced Ibn ʿArabī’s legal doctrine, the Shaykh’s jurisprudence remains markedly original in that it is ultimately rooted in an overarching metaphysical doctrine. This is evident in his personal reframing of ijtihād as a personal process of spiritual refinement, as opposed to a methodical process of ratiocination, which leads him to develop a distinctively personalist theory of legal pluralism that transcends the limitations of school conformity.

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ASSIGNMENT OF THE RIGHT TO DEMAND DIVIDENDS IN JOINT STOCK COMPANIES

International scientific journal Internauka Series Juridical Sciences ◽

10.25313/2520-2308-2021-4-7159 ◽

2017 ◽

Author(s):

Anastasiia Diadiuk ◽

Keyword(s):

Practical Implementation ◽

Legal Doctrine ◽

Contractual Relationship ◽

Legal Nature ◽

Legal Position ◽

State Regulator ◽

The Subject ◽

The Right ◽

To Receive ◽

A Company

An article explores theoretical and practical problems of the assignment of the claim dividends to joint-stock companies. The author pointed to the legal nature of the transfer of the right of claim. Were studied the peculiarities and procedure of transferring the shareholder's right to receive dividends due to him to third parties. The right to receive dividends by a shareholder gives rise to a monetary obligation, the parties to which are a company (the debtor) and a shareholder (the creditor). We can see the possibility of assignment of the right to claim payment of dividends as a legal basis for replacing the creditor (shareholder) in the obligation because of the absence of a direct legal prohibition, as well as the personal nature of the legal relationship between the company and the shareholder. The practical implementation of this possibility is complicated by several factors, including the lack of a clear legal position on the nature of dividends, as well as the right to receive dividends; legislative non-regulation of the procedure for assignment of the right to demand payment of dividends. The analyzed decisions of the state regulator indicate the impossibility of replacing the creditor in the obligation to pay dividends if the shareholder transfers his rights to another person under the transaction (agreement) in the manner prescribed by regulations. The legal doctrine shows, the essence of the shareholder's right to dividends allows distinguishing the corporate right to dividends, and the right to claim payment of dividends (obligatory). Accordingly, the right to claim payment of dividends has the characteristics of an independent property object (asset), which may be the object of a contractual relationship. The obligatory right to demand payment of dividends will be the subject of a contract of assignment of the right to claim dividends to be paid (cession), as a kind of agreement of assignment of the right to demand a monetary obligation. The conclusion of an agreement on the assignment of the right to claim dividends is possible only after the acquisition by the shareholder (original creditor) of the right to claim the company.

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The Codification Episteme in Islamic Juristic Discourse between Inertia and Change

Islamic Law and Society ◽

10.1163/15685195-00223p01 ◽

2015 ◽

Vol 22 (3) ◽

pp. 157-220 ◽

Cited By ~ 4

Author(s):

Ahmed Fekry Ibrahim

Keyword(s):

Islamic Law ◽

Boundary Crossing ◽

Coherent System ◽

Legal Change ◽

Legal Rules ◽

Conventional View ◽

Evolutionary Trajectories ◽

Substantive Law ◽

Legal Methodology ◽

The Relationship

Many historians view Islamic law as an organic and methodologically coherent system in which there is a systematic link between legal methodology (uṣūl) and substantive law (furūʿ). In this essay, I will argue against the conventional view, drawing support from the evolutionary trajectories of four genres of juridical writing: abridged legal compendia (mukhtaṣars); juristic disagreement (ikhtilāf); the commentary/supercommentary (sharḥ/ḥāshiya); and legal responsa (fatāwā) genres. The post-thirteenth century evolution of these genres reveals a pronounced tendency to marginalize the relationship between legal methodology and substantive law, privileging a codification ethos. Judges and low-ranking jurisconsults were expected to “apply” legal rules and frequently abandoned legal methodology as an avenue for legal change in favor of pragmatic school boundary-crossing. In doing so, they were less concerned with intra-school methodological coherence than with pursuing juristic flexibility by focusing on the content of the law rather than its process. 

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Valstybės ir viešosios teisės juridinių asmenų teisė sudaryti arbitražinį susitarimą

Teisė ◽

10.15388/teise.2011.0.160 ◽

2011 ◽

Vol 80 ◽

pp. 193-213

Author(s):

Eglė Zemlytė

Keyword(s):

Subject Matter ◽

Legal Person ◽

Legal Doctrine ◽

Commercial Arbitration ◽

The Law ◽

Or Organization ◽

To Receive

Šiame straipsnyje analizuojamas Komercinio arbitražo įstatymo 11 straipsnio 2 dalies normos, nustatančios reikalavimą valstybės bei savivaldybės įmonėms, įstaigoms ir organizacijoms sudarant arbitražinį susitarimą gauti steigėjo sutikimą, taikymas. Kartu pateikiamas ir panašių apribojimų, nustatytų kitų valstybių nacionaliniuose įstatymuose, vertinimas užsienio teismų ir arbitražo praktikoje bei doktrinoje.The subject matter of the Article is the application of Article 11(2) of the Law on Commercial Arbitration that require a state or municipal entity as well as a state or municipal institution or organization to receive a consent of the founder of such legal person in order to conclude an arbitration agreement. The Article also show similar restrictions provided in national laws of other countries are considered by the court and arbitration practice as well as by legal doctrine.

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Kekuatan Hukum Surat Keterangan Ahli Waris bagi Golongan Bumiputera yang Dikuatkan oleh Camat

Notaire ◽

10.20473/ntr.v2i3.13437 ◽

2019 ◽

Vol 2 (3) ◽

pp. 389

Author(s):

Monika Ardia Ningsi Massora ◽

Victoria Pasari Putri

Keyword(s):

Civil Law ◽

Legal Pluralism ◽

Government Agency ◽

The Village ◽

To Receive

Legal Heir Certificate is as a letter issued by an authorized official or government agency or the heirs itself. With the presence of different officials/agencies who have the authority in publishing and making a legal heir certificate, there are various systems of Indonesian hereditary law that give rise to legal pluralism. One of the agencies known as the Head of Sub-district has the authority to issue legal heir certificate for Indonesian citizens in Bumiputera group. It contains all the names of the heirs who are entitled to receive the inheritance as well as the divided portion or part of each inheritance. In this matter, the Village Head (Lurah) and the Sub-district Head (Camat) are state administrative officials whose duty is to carry out government affairs by issuing state administrative decisions. Legal heir certificate as an instrument that can prove whether someone is truly an heir or not is evidence in the field of civil law. Keywords: Bumiputera Group; Sub-district Head Authority; Legal Heir Certificate

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The Characteristics of an Abstract System for the Transfer of Property in South African Law as Distinguished from a Causal System

Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad ◽

10.17159/1727-3781/2012/v15i3a2505 ◽

2017 ◽

Vol 15 (3) ◽

pp. 119

Author(s):

PJW (Flip) Schutte

Keyword(s):

South African ◽

Third Parties ◽

The Other ◽

Abstract System ◽

Causal System ◽

The Real ◽

Bona Fide ◽

Substantive Law ◽

To Receive ◽

Practical Implications

Two divergent systems are usually differentiated between when it comes to the way in which real rights are transferred from one person to another, namely abstract and causal systems. In this article the features of each system, the respect in which they differ from each other, and the practical implications of the distinction are established. It appears that in a causal system real rights are transferred by conclusion of the obligatory agreement, which should be valid and enforceable. The mutual intention to transfer and to receive real rights is not construed as an independent real agreement as it is contained in the obligatory agreement. In a causal system the transferor finds himself in a favourable position in relation to other parties while bona fide third parties undoubtedly get the worst of the deal since they have no protection against the disadvantageous consequences of delivery owing to a void obligation. In an abstract system the obligatory agreement is not sufficient for the transfer of real rights, the thing should also be delivered and there should be a valid real agreement which consists merely of the mutual intention to transfer and to receive real rights. The real agreement is a characteristic of an abstract system which distinguishes it from a causal system. Compared with the position of those in the causal system, the transferee and third parties find themselves in a favourable position vis-à-vis the transferor. In a causal system the concept iusta causa refers to a valid and enforceable obligatory agreement or other juridical fact which obliges the transferee to deliver the thing. In an abstract system it serves no purpose to describe the causa with reference to the obligatory agreement, since it is not a substantive law requirement for the transfer of real rights. The causa concept refers rather to the mutual intention to transfer and to receive real rights, which is nothing less than the real agreement. Since the causa is contained in the real agreement it is no longer of any use in an abstract system and should be abandoned. The Dutch system displays the characteristics of an abstract system in that a separate act of delivery should exist and a valid real agreement is a requirement for the transfer of real rights. On the other hand it also displays characteristics of a causal system, since a valid obligatory agreement is a requirement for the transfer of real rights.

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Hipoteka polska a hypothèque prowincji Quebec. Porównanie z perspektywy prawa prywatnego międzynarodowego

Przegląd Prawa i Administracji ◽

10.19195/0137-1134.112.14 ◽

2018 ◽

Vol 112 ◽

pp. 209-232

Author(s):

Tomasz Tomczak

Keyword(s):

International Law ◽

Capital Mobility ◽

Case Law ◽

Legal Issues ◽

Private International Law ◽

Legal Doctrine ◽

Conflict Of Laws ◽

Procedural Law ◽

Contractual Obligations ◽

Substantive Law

A PRIVATE INTERNATIONAL LAW COMPARATIVE STUDY OF THE POLISH ‘HIPOTEKA’ AND QUEBEC’S ‘HYPOTHEQUE’Polish hipoteka and Quebec’s hypotheque constitute security rights which are commonly used in their legal systems to secure contractual obligations of various type. Both have been extensively elaborated in legal doctrine and case-law; although mainly from the perspective of the national substantive and procedural law. In times of increased human and capital mobility, more and more conflicts concerning legal issues regarding these institutions may arise. Therefore, this article focuses on the private international law perspective and refer to the substantive law of Poland and Quebec only in scope necessary for private international analysis. It shows how institutions such as hipoteka or hypotheque shall be treated by the Polish or Quebec courts in cases having a foreign element and what conflict of laws problem may arise in reference to them.

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