Leadership Accountability in Islam: Islamic Standards for Holding the Executive Accountable for Official Misconduct

2015 ◽  
Vol 4 (2) ◽  
pp. 166-211
Author(s):  
Mohamed Abdelaal

This paper seeks to refute a common belief that the ruler in Islam is unchecked and that he serves for life regardless of any official misconduct he may commit by providing a religious basis for the concept of political accountability through the investigation of the concept of presidential impeachment in Islam. In doing so, the article first sheds significant light on the Caliphate system of governance, the rights and duties of the Caliph, his legal status, and the inauguration process. Further, the article introduces the conflicting views regarding the issue of removing the ruler in the context of Islamic jurisprudence, examines the role of the Islamic scholars in redressing the ruler and correcting the official misconduct, and sheds light on the Islamic alternatives of impeachment and the extent to which they differ from what is known in modern constitutional doctrines.

2020 ◽  
Vol 26 ◽  
pp. 249-267
Author(s):  
Grzegorz Jawor

The Role of Serfdoms in the Obligation System of the Inhabitants of Villages on the Wallachian Law in Lesser Poland (Małopolska) and Crown Ruthenia (15th-16th century). The aim of the article is an attempt to define a role of serfdoms in the system of obligations provided by the population living in the settlements established on the Wallachian law. On the basis of a critical analysis of a relatively numerous sources preserved from the region in question (in particular, the documents associated with the rights given to individual villages, inventories, and royal domain), an attempt was made to verify the common belief in the scholarship on this topic about the lack of, or at least the minimum, share of the serfdoms for the owners in the obligation system of the inhabitants. As a result, a specific feature of the Wallachian law was indicated, which was the obligation – elsewhere unknown or occurring only in minute traces – of performing small errands a few times in a year for the benefit of the dukes (kniaź). It was recorded throughout the entire studied period and in all of the areas partaking in the Wallachian colonisation. In contrast, there are many more doubts regarding the conviction about a complete lack of serfdoms for the owners of villages. The presented source material indicates that there were indeed settlements to which this duty did not apply (and perhaps this situation was even dominating), but in other places the older and usually less strenuous forms of labours were present (annual works, duties “under the order”, ect.), while the attempts to impose weekly serfdoms date back to the 1530s and 1540s. Its widespread implementation in the areas outside of mountains is strictly linked to the development of a grange, set up for the production of grain. For the Wallachian settlements this meant a limitation, and then a thorough disposal of their privileged legal status. It is not a matter of coincidence that this colonising tendency was clearly restrained at the turn of the 16th and 17th century. This fate was avoided only be the villages situated in a typically mountainous area where the natural conditions prevented the production of crops on a large scale. Populations living therein – that were ruled by the Wallachian law – lasted longer and the processes of assimilation and integration with the local surroundings took place more slowly.


2016 ◽  
Vol 3 (1) ◽  
pp. 115-131
Author(s):  
Mbuzeni Mathenjwa

The place and role of local government within the structure of government in Africa has attracted much public interest. Prior to and after independence, African countries used local government as the administrative units of central governments without their having any legal status, to the extent that local authorities were under the strict control of central governments. The autonomy of local government is pivotal in the democratisation of a country. The United Nations, European Union and African Union have adopted treaties to promote the recognition and protection of local government in the state parties’ constitutions. Accordingly, this article explains the status of local government in Africa and its impact on strengthening democracy in African states.


Author(s):  
Ирина Викторовна Евстафьева

В статье исследуются вопросы попечительства в отношении несовершеннолетних, отбывающих наказание в виде лишения свободы. Проблема, поднимаемая автором настоящей статьи, многогранна, касается различных аспектов отбывания наказания несовершеннолетними в воспитательных колониях и требует комплексного исследования, способного ответить на определенно значимый вопрос: является ли колония законным представителем находящихся в ней несовершеннолетних со всеми вытекающими из статуса законных представителей последствиями. При этом необходимо обращать внимание на специфику правового статуса лиц, отбывающих наказание в воспитательных колониях, которые, во-первых, являются несовершеннолетними, то есть не обладают дееспособностью в полном объеме и нуждаются в особой заботе, защите и представительстве, а во-вторых, осуждены за совершение тяжкого или особо тяжкого преступления, влекущего изоляцию от общества и определенные ограничения и лишения. Отечественное законодательство достаточно детально регламентирует особенности режима отбывания наказания в виде лишения свободы несовершеннолетними, не определяя при этом статуса воспитательных колоний, кем они являются: воспитателями, попечителями или исключительно учреждениями исполнения наказаний. Между тем правильное понимание значения и роли воспитательной колонии в жизни находящихся в ней несовершеннолетних преступников, по мнению автора, поможет избежать ряда проблем, объективно складывающихся в учреждениях подобного рода. С этой точки зрения предлагаемая тема представляет интерес не только для ученых-теоретиков, но и для практиков - сотрудников соответствующих учреждений. Особо следует подчеркнуть, что исследований по данной тематике в специальной литературе нет. Отдельные исследования, встречающиеся в современной литературе, касаются исключительно общего гражданско-правового статуса несовершеннолетних осужденных. Однако это обстоятельство может свидетельствовать только о новизне данной темы, но никак не об отсутствии самой проблемы. The article analyzes the issues of the status of educational colonies as guardians of minors serving a sentence of imprisonment. In fact, the problem raised by the author of this article is multifaceted, concerns various aspects of the serving of punishment by minors in educational colonies and requires a comprehensive study that can answer, it seems, a definitely significant question: whether the colony is the legal representative of the minors in it with all the consequences arising from the status of legal representatives in the form of duties and responsibilities. At the same time, it seems, it is necessary to pay attention to the specifics of the legal status of citizens serving sentences in educational colonies, who, firstly, are minors, i.e. do not have full legal capacity and need special care, protection and representation, and, secondly, are convicted of committing a serious or particularly serious crime, entailing isolation from society and certain restrictions and deprivation. Domestic legislation regulates in sufficient detail the peculiarities of the regime of serving sentences in the form of deprivation of liberty by minors, without determining the status of educational colonies. Who are they: educators, Trustees or only institutions of execution of punishments. Meanwhile, the correct understanding of the importance and role of the educational colony in the life of juvenile offenders in it, according to the author, will help to avoid a number of problems that objectively develop in institutions of this kind. From this point of view, the proposed topic is of interest not only for theoretical scientists, but for practitioners-employees of relevant institutions. It should be emphasized that there are no studies on this subject in the special literature. However, this circumstance can testify only about novelty of the given subject, but in any way about absence of the problem. It seems that the relevance and importance of a problem is not always measured by the number of studies devoted to it. Sometimes these its traits are manifest only under particularly careful consideration.


2021 ◽  
Vol 13 (9) ◽  
pp. 5055
Author(s):  
John Sseruyange ◽  
Jeroen Klomp

In this study, we explore whether microfinance institutions (MFIs) can mitigate the adverse macroeconomic consequences of natural disasters. The provision of capital immediately following a natural event is recognized as one of the necessary conditions for a fast economic recovery. However, one concern is that a large majority of natural disasters occur in developing countries where households and the private sector have only limited access to the formal banking system. As an alternative, MFIs may fill up this gap in providing liquidity in the form of microcredit. The existing evidence on how MFIs respond to disaster effects is foremost based on case and micro-level evidence. In turn, the focus of this study is more on the macro impact of MFI activities after a natural disaster. Based on the finding obtained from an OLS-FE model using an unbalanced panel considering more than 80 developing countries and emerging economies, we can conclude that natural disasters harm macroeconomic performance primarily through their effect on the agricultural sector. However, access to lending facilities from MFIs mitigates a large part of this negative effect. Moreover, the extent to which MFIs are able to mitigate these effects depends to a great extent on their nature, i.e., their organizational structure, profitability, legal status, age, and the number of clients they serve.


2017 ◽  
Vol 48 (1) ◽  
pp. 37-50 ◽  
Author(s):  
Zhao Zhai ◽  
Tuomas Ahola ◽  
Yun Le ◽  
Jianxun Xie

While the governance of Western megaprojects is indirectly influenced by governments through legislation and regulations, the Chinese state actively oversees and controls projects of societal importance. To provide clarity on the role of the state in Chinese megaprojects, we carried out a case study focusing on EXPO 2010 Shanghai. Our analysis revealed that through a project-specific organization Construction Headquarter (CHQ), the Chinese state executes administrative strength, forces authorities to temporarily integrate their processes for the benefit of the project, influences contractor and resource selection decisions, induces leadership accountability, and promotes shared project values.


2021 ◽  
Vol 9 (1) ◽  
Author(s):  
Nando Sigona ◽  
Jotaro Kato ◽  
Irina Kuznetsova

AbstractThe article examines the migration infrastructures and pathways through which migrants move into, through and out of irregular status in Japan and the UK and how these infrastructures uniquely shape their migrant experiences of irregularity at key stages of their migration projects.Our analysis brings together two bodies of migration scholarship, namely critical work on the social and legal production of illegality and the impact of legal violence on the lives of immigrants with precarious legal status, and on the role of migration infrastructures in shaping mobility pathways.Drawing upon in-depth qualitative interviews with irregular and precarious migrants in Japan and the UK collected over a ten-year period, this article develops a three-pronged analysis of the infrastructures of irregularity, focusing on infrastructures of entry, settlement and exit, casting a comparative light on the mechanisms that produce precarious and expendable migrant lives in relation to access to labour and labour conditions, access and quality of housing and law enforcement, and how migrants adapt, cope, resist or eventually are overpowered by them.


2021 ◽  

Since the dawn of colonialism in Southern Africa, the province of the Eastern Cape emerged as the cradle of African resistance against colonial oppression. A closer look at the province reveals opportunities for progress and ultimate resurgence of economic and social development, yet conflated by a myriad of challenges. This book brings together different perspectives and realities of the post-apartheid Eastern Cape to provide an in-depth exploration of the developmental dilemmas that the province faces. This book provides insightful reflections on development and its sustainability some 25 years since democracy, and specifically focuses on sociological and demographic realities in the areas of migration and its impact on families. The book further grapples with the role of the state in developing culture and heritage in the province, pointing to fundamental and multiple challenges of deprivation, unemployment and subsequent community resilience in a variety of sectors including health and education. While it provides a historical analysis of contextual issues facing the province, the book also highlights the agency of the people of the Eastern Cape in confronting challenges in leadership, accountability, citizen participation and service provision. The book will be useful for development scholars and practitioners who are interested in understanding the state of the province, and similar settings, and the degree to which it has emerged from the shadows of its colonial and apartheid legacies.


2021 ◽  
Vol 6 (6) ◽  
pp. 71-78
Author(s):  
Farxod Djurayev ◽  

The article is devoted to the prevention of crime, maintenance of public order and early crime prevention, identification and elimination of the causes of crime in each district, family and individual, classification of each district depending on the crime situation in these regions and joint work to attract all forces and means to identify and eliminate the causes of crime, the role of the law "On operational-search activities" in the prevention of offenses, the concept of operational-search activities, the main tasks, basic principles; bodies carrying out operational-search activities, their legal status; types of operational-search measures and their comments regarding the procedure for conducting a search; social and legal protection of law enforcement officers and persons assisting in the conduct of such events, as well as their family members


2021 ◽  
pp. 7-14
Author(s):  
T.I. Grabelnykh ◽  
◽  
N.A. Sablina ◽  
A.N. Parkhomenko

Researched are systemic aspects of the process of implementing national projects in Russia. Attention is focused on effectiveness of solving key problems of development of the public administration system in the context of the relationship between the state and society under modern conditions. The institution of public control in Russia is characterized through prerequisites of formation, organizational and legal status and main functions. The work defines the place and role of the institution of public opinion in the system of public administration and public control, substantiates its regulatory mechanisms, factors and agents of influence. In the aspect of systemic relationship between public administration and public control, the specificity of implementation of national projects in the transforming Russian society is revealed. A sociological vision of the “reset” of conceptual foundations of interrelationships between the public administration system and the institution of public control both at the stage of “entering” the space of national projects and in the process of their implementation is presented. It has been proved, that at the present stage the main integrating factor is consolidation of society through an updated "state-society contract". The analysis of historical and modern practices of public participation made it possible to draw a conclusion about the increase in the function of “co-management” of public control bodies in the interaction of state and public structures.


Sign in / Sign up

Export Citation Format

Share Document