Islam, the State, and the Law in Europe

2013 ◽  
Vol 2 (1) ◽  
pp. 41-68
Author(s):  
Ari Varon
Keyword(s):  
European Society ◽  
Religious Practice ◽  
The State ◽  
Role Of The State ◽  
The Status ◽  
Muslim Intellectuals ◽  
The Law ◽  
Muslims In Europe ◽  
Europe Today

The article presents the intricacies of an intra-Islamic debate within Europe today discussing multiple Islamic perspectives of religion, the state and the law. Analyzing the ideas of four contemporary European Muslim intellectuals the article reveals variations on how Muslims in Europe view the concept of secularism, the role of the state and the guidelines of Islamic religious practice. Through a comparative discourse analysis the article identities four distinct Islamic discourses that are compared and contrasted with each other and juxtaposed with European theory about religion, the state and the law. As Muslims in Europe gradually overcome social cleavages and ethnic differences they at times challenge the secular nature and religious neutrality of Europe’s religious, cultural and humanist inheritance. Understanding the distinctions between the Islamic discourses elaborates the trends and ramifications the political mobilization Muslims living in Europe might have on the status quo definitions of European society; some Islamic discourses represent a direct confrontation to the construct secular identity; others suggest full integration into European society. All four are present in Europe today. Recognizing the differences between the Islamic discourses can rearrange the principles in which Europe perceives Islam while enlightening the politically sensitive and complex subject relating to the formation of an Islamic European identity.

The Legal Framework for Foundations in the Habsburg Monarchy from 1750 to 1918

2017 ◽  
Vol 1 (2) ◽  
pp. 154-172
Author(s):  
Gabriele Schneider
Keyword(s):  
Public Good ◽  
Legal System ◽  
Legal Framework ◽  
The State ◽  
Habsburg Monarchy ◽  
The Public ◽  
Regulation And Supervision ◽  
Role Of The State ◽  
The Law

Foundations, as permanent funds established by a certain legal act, can serve manifold purposes, but often pursue charitable goals. As such, they play an important role for the public good. Therefore, states always had an interest in fostering foundations by providing a pertinent legal framework. In Austria, this topic has not yet been the focus of scholarship. Through this study some light is shed on the implementation of the law on foundations in the Habsburg Monarchy. It focuses on the role of the state and its legal system regarding the regulation and supervision of foundations from 1750 to 1918. This period is characterized by the sovereigns’ endeavor to regulate the position of foundations via extensive legislation. In particular, a system of oversight for foundations was created in order to guarantee the attainment of their charitable goals. In fact, this system prevailed until the end of the 20thcentury.

Femicidio and Feminicidio Laws in Latin America

2020 ◽  
Author(s):  
Pamela Neumann
Keyword(s):  
Human Rights ◽  
Latin America ◽  
The State ◽  
Gender Violence ◽  
Legal Activism ◽  
Role Of The State ◽  
Mexican State ◽  
The Law ◽  
Precise Content

Femicidio refers to the murder of a woman because of her gender. Feminicidio emphasizes the role of the state in enabling these crimes and the impunity with which they are treated. Feminist legal activism and the development of supranational and regional human rights instruments throughout the 1990s and 2000s were essential to the development of femicidio/feminicidio laws across Latin America. As of 2018, such laws were in effect in 18 countries across the region. However, the precise content and scope of laws criminalizing femicidio/feminicidio vary. For example, in the case of Mexico, transnational feminist legal activism, including a case brought before the Inter-American Human Rights Court, was essential to shaming the Mexican state into codifying feminicidio. This process was facilitated by the presence of feminist legislators within the Mexican legislature, who advocated for such legislation. In the case of Nicaragua and Peru, local feminist advocacy and copious documentation of the scope of the problem of femicidio/feminicidio proved more significant in the ultimate codification of femicidio/feminicidio. However, the legal advances against gender violence achieved in Nicaragua in 2012 were subsequently undone due to pressure from men’s rights and religious conservatives, leading to the weak implementation of the law criminalizing femicidio.

scholarly journals Konstitusionalitas Ancaman Pidana Terhadap Kejari (Penetapan Status Barang Sitaan dan Prekursor Narkotika)

Wajah Hukum ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 481
Author(s):  
Emir Ardiansyah ◽  
Ulya Kencana ◽  
Romli SA
Keyword(s):  
Rule Of Law ◽  
Secondary Data ◽  
The State ◽  
Constitutional Rights ◽  
The Rule Of Law ◽  
Legal Principles ◽  
Role Of The State ◽  
The Status ◽  
The Republic

Studies on the constitutionality of criminal threats against the Attorney General's Office (Head of the State Prosecutor's Office) in determining the status of confiscated narcotics and narcotic precursors, based on the Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics, it is very necessary to do so. The regulation has an over-criminalization nuance that is detrimental to the constitutional rights of the Kejari. The research aims to analyze the role of the state in protecting the constitutional rights of the Kejari within the rule of law framework. The scope of the research describes the structure of values or norms in statutory regulations and the principles it adheres to. Legal principles are used in interpreting the Narcotics Law by linking it to the rule of law framework. The research method is normative legal research using secondary data. The results of the research revealed that the provisions in Article 141 and Article 91 paragraph (1) of the Narcotics Law have the potential to violate the constitutional rights of the Kejari. because it is not in accordance with the protection of constitutional rights in the institutional structure of the prosecutor's office, which may not be intervened in criminal law enforcement. In conclusion, the state plays a major role in implementing the protection of the constitutional rights of citizens and Kejari officials. The state is obliged to fulfill, respect and protect the constitutional rights of citizens. Institutionally, the state synergizes with the prosecutor's office must affirm the ethical and administrative areas concretely and limitatively, so as not to cause obscurity of norms and excessive criminalization of non-criminal acts to become criminal acts.

Introduction

2010 ◽  
Vol 32 (1) ◽  
pp. 7-12
Author(s):  
Judith Keene
Keyword(s):  
The State ◽  
International Justice ◽  
Special Issue ◽  
The Public ◽  
State Involvement ◽  
Contemporary Issue ◽  
Role Of The State ◽  
The Status ◽  
State Protection

Abstract This special issue of The Public Historian will examine what is a pressing, pervasive, traumatic, and very public contemporary issue in which history and historians are heavily involved in many countries around the globe. Authors will investigate a range of issues around the state involvement in death, including the role of the state as perpetrator and its responsibilities to the victims and their families; the process and significance of exhumation, of identification, and of repatriation; the status of refugees and displaced peoples who die when legally stateless and so without state protection; the differing transnational stances in tracing and punishing the perpetrators; the fraught issue of personal and official reparation; and the role and efficacy of international justice.

The Legal Construction of Precarity: Lessons from the Construction Sectors in Beijing and Delhi

2018 ◽  
Vol 45 (4-5) ◽  
pp. 549-564 ◽  
Author(s):  
Irene Pang
Keyword(s):  
The State ◽  
Labor Disputes ◽  
Labor Conditions ◽  
Role Of The State ◽  
The Law ◽  
Legal Construction ◽  
Precarious Labor ◽  
Worker Resistance

This article seeks to disentangle the concepts of “precarity” and “informality” to examine the role of the state in structuring and reproducing precarious labor conditions. Using two cases of labor disputes from the construction sectors in Beijing and Delhi, this article traces the ways through which precarity is structured and reproduced by the state through the law, and reflects on the implications for worker resistance and claim-making.

Going Outside the Law: The Role of the State in Forming Attitudes to Extralegal Violence

2011 ◽  
Author(s):  
Aziz Z. Huq ◽  
Tom Tyler ◽  
Jonathan Jackson ◽  
Ben Bradford
Keyword(s):  
The State ◽  
Role Of The State ◽  
The Law

scholarly journals Potensi Konflik dalam Relasi Penjeratan Hutang di Masyarakat Nelayan: Studi Kasus Relasi Bakul dan Langgan di Desa Gebang Mekar Kabupaten Cirebon

2016 ◽  
Vol 5 (1) ◽  
pp. 11-19
Author(s):  
Wanodyo Sulistyani ◽  
Soni A. Nulhaqim
Keyword(s):  
Social Relation ◽  
Market Price ◽  
The State ◽  
Potential Conflict ◽  
Ability To Pay ◽  
Debt Bondage ◽  
Role Of The State ◽  
Capital Owner ◽  
The Law

Debt bondage is a relation pattern between Bakul (the capital owner) and Langgan (fishers who are indebted to Bakul) in Gebang Mekar Village, Cirebon District. This debt bondage are imperishable because the lack of Langgan’s ability to pay their debt to Bakul; while Bakul as the capital owner has power to determine the price of fish and other fisheries products, where the fishers have obligation to sell their harvest to their Bakul. Yet, Bakul’s price is lower than the market price. As a result, to increase the fishers’ profit, they sold their harvest to other Bakul; this behavior is potentially raised a conflict between fishers and their Bakul also among Bakul. Study of Criminology explained the relation between the powerful and the powerless in making law in their favor. Unfair law has encouraged the powerless to breaking the law, and creating conflict. In this article, initially, the lack of fishers’ welfare related to the role of the state will be reviewed; next, the criminology theories which explain about violation and the causes of conflict will be outlined; furthermore, the relation between Bakul and Langgan in Gebang Mekar Village, Cirebon District will be described; lastly, potential conflict that arise because of Bakul and Langgan relation will be analyzed with criminology theories.Keywords: Conflict, social Relation, Fishery Community.

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