scholarly journals Müste’min Dealing with the Ottoman Justice: Role and Strategy of the Ambassador

2013 ◽  
Vol 93 (2) ◽  
pp. 477-494 ◽  
Author(s):  
Juliette Dumas

Abstract Because of their status as foreigners, non-subject of the Empire, müsteʾmin are subject to a system of laws different from the other subjects of the Empire. They also benefit from advantages secured by the granting of imperial orders: the ʿahidnâme also known as the capitulations: these are prescriptions issued by the sultan, directly influenced by political and economic aspects and which may vary from one nation to another. However, it is not a code of law different from others in force in the Empire: except in specific cases prescribed by the capitulations, the müsteʾmin are submitted as other Ottoman subjects to the Ottoman legal system. Nevertheless, the Ottoman legal system is complex: the actors and the practices vary and depend on the individuals involved and cases. Therefore, the question is who are the interlocutors of the müsteʾmin? The documents examined here show that the type of conflicts impacted on the interlocutors that were involved. Each time the case involves, in one way or another, the privileges of the müsteʾmin from a given nation, the imperial divan had to solve the case—then, it usually refers to the local court. But if private, the case was directly submitted to the kadı. The call for submission of cases to the Imperial divan is interesting because it shows that confidence is put in the Imperial divan rather than in the kadı. Perhaps, it also reveals the limits of the legal knowledge of the privileges and the special rights granted to müsteʾmin. In fact, the population concerned by the Capitulations was minor and the affairs affecting them probably rare, as a result, one should not be surprised by the lack of knowledge of the local actors, of their privileges. The role of the embassy and of the ambassador must also be emphasized here. In our documents, it appears that the embassy as a whole played a significant role in supporting its citizens through legal advice, assistance and support. The French embassy even seems to have distinguished itself on this item since the legal support offered was presented by the ambassador.

2018 ◽  
Vol 301 ◽  
pp. 44-52
Author(s):  
Tomasz Kowalski ◽  

The aim of the article to present the role of analysing the manner of generating fingermarks in the investigative proceedings. These examinations are based on the analysis of the location of the marks on a given background and aim at providing the requesting party additional information about the circumstances of the investigated incident. The Author refers to two unusual cases, in which Voivodeship Police Command Forensic Laboratory issued expert opinions in the area of fingerprint identification. In the first case, at the initial stage of the proceedings the circumstances and recovered evidential fingermarks indicated a fatal accident or manslaughter by means of a firearm. In the other case at the preliminary stage recovered evidence did not allow identification of the perpetrator due to incorrectly selected exhibits. These cases would not be off special interest to us without the significant role of proper recovering of fingermarks and their analysis in a broader context than just identification.


2021 ◽  
Vol 38 (2) ◽  
pp. 9-12
Author(s):  
L.B. Gandarova ◽  

The article examines the place of the theory of state and law in the system of legal sciences, and also emphasizes its fundamental role in the system of legal sciences. To substantiate his position, the author investigated the views of authoritative modern domestic legal scholars on the classification of legal sciences. The article identifies the main thematic blocks, which include all legal disciplines. The problems that hinder the development of the theory of state and law as a basic legal science are identified, its methodological nature is noted. It is concluded that without the assimilation of theoretical and legal knowledge, it is impossible to give a correct assessment of the complex state and legal phenomena of public life, to know their essence and purpose, to get an idea of the legal system as a whole


2017 ◽  
Vol 14 (1) ◽  
pp. 67-81
Author(s):  
Mohd A’Tarahim Mohd Razali Bin Mohd Razali ◽  
Mohd Yakub @ Zulkifli Mohd Yusoff Bin Mohd Yusoff ◽  
Nor Hafizi Yusof Bin Yusof ◽  
Siti Fatimah Salleh Binti Salleh ◽  
Mohd Faiz Hakimi Mat Deris Bin Mat Deris ◽  
...  

The aim of this study is to explore the importance of Qira’at Mutawatirah as a discipline particularly in the field of fiqh (jurisprudence). As a field of study, Qiraat (Quranic reading) plays a significant role in Islamic Fiqh by way of shaping the opinions and views of the fuqaha’ (jurists). Nevertheless, some fuqaha’ are less familiar with Qiraat as a study which has thus led to some confusion and ambiguity on the matter. It was even suggested that the differences of fiqh found within the madzhabs (sects) are based on the fuqaha’s own Qiraat. Thus this paper is a discussion on the differences of wajh Qiraat within the farsh letters as found among the Qiraat scholars. This paper also analyses the relationship and influence of the Qiraat readings among the fuqaha when it comes to deriving a hukm (principle), particularly on fiqh ibadah (the laws of worship). As such, this significant study sheds light into the approach used by the fuqaha’ when it comes to extracting and deriving laws and principles based on the different Qiraat readings. The objectives of this study are to investigate the extent and role of Qiraat, to analyse and observe the relationship between Qiraat readings of the fuqaha and its relationship to the hukm. This study is based entirely on library research. Overall, the findings show that Qiraat is undoubtedly important; the differences in Qiraat have a major impact in the way that the various Islamic Fiqh were derived from the Qur’anic verses. Nevertheless, the chosen Qiraat readings by Fuqaha, on the other hand, do not play a major role in determining the fiqh within the various sects; instead the wajh Qiraat plays a major role within their respective sects. However, in some circumstances, the chosen Qiraat readings do sometimes become a source which a hukm is decided within their sects, and vice versa. It is hoped that this study becomes a pioneer for other researchers to conduct a more in-depth study on the sciences of Qiraat by exploring it critically within the various perspectives of the Islamic discipline. It is hoped that it can be analysed, studied, understood and implemented in the field of teaching and learning, in line with its importance within the other branches of Islamic discipline. It is hoped that as a study, it can be further expanded and remain significant to the Islamic scholars and the community at large. Keyword: Qiraat Mutawatirah, Fiqh, Qiraat, fuqaha‘   Penulisan ini bertujuan merungkai hubungan rapat Qiraat dalam disiplin ilmu Islam terutamanya ilmu Fiqh. Qiraat menjadi salah satu faktor yang dominan terutamanya dalam mencorakkan perbezaan hukum Fiqh Islami dalam kalangan Fuqaha’. Namun masih terdapat kalangan yang kurang mengetahui dan memahami hakikat kewujudan ilmu Qiraat sehingga menimbulkan kekeliruan dan kesamaran mengenainya bahkan wujudnya pendapat menyatakan bahawa hukum fiqh yang diinstibatkan dalam mazhab adalah berdasarkan daripada Qiraat yang dibaca oleh kalangan fuqaha itu sendiri. Justeru kajian ini akan menyentuh dan membincangkan perbezaan wajh qiraat yang terdapat pada farsh huruf dalam kalangan ulama Qiraat. Dalam masa yang sama, kajian ini juga akan menyingkap dan menganalisis perkaitan dan pengaruhnya terhadap pengeluaran hukum oleh kalangan Fuqaha’ terutama ayat-ayat al-Quran yang melibatkan fiqh ibadat. Kajian ini penting demi memahami keadaan sebenar bagaimana kalangan Fuqaha mengeluarkan hukum fiqh berdasarkan perbezaan Qiraat. Objektif kajian ialah mengkaji sejauhmana perkaitan dan peranan Qiraat pada hukum fiqh, menganalisis dan menilai sejauh mana pertalian bacaan Qiraat yang dibaca Fuqaha’ dengan hukum yang diinstibatkan oleh Fuqaha.’ Secara keseluruhannya, kajian ini dijalankan berdasarkan kajian ke perpustakaan sepenuhnya. Ternyata dapatan hasil kajian ini merumuskan bahawa perbezaan Qiraat pula memberi impak yang besar dalam mencorakkan hukum fiqh dalam ayat al-Quran. Bacaan ‘Qiraat PilihanFuqaha‘ pula tidaklah menjadi faktor utama mempengaruhi hukum fiqh mazhab yang diasaskan oleh mereka bahkan fuqaha hanya menjadikan wajh Qiraat itu sebagai platform utama dalam menentukan hukum fiqh dalam mazhab yang diasaskan mereka. Namun tidak dinafikan juga, bacaan ‘Qiraat Pilihan Fuqaha‘ itu kekadang menjadi sebab penentuan hukum bagi mazhab mereka dan kekadangnya sebaliknya. Kajian ini diharap menjadi perintis kepada pengkaji yang lain untuk lebih prolifik mengenai ilmu Qiraat dalam membahaskannya dari pelbagai sudut disiplin ilmu Islam secara lebih kritis supaya ia dapat ditelaah, dikaji, difahami, diperkasai dan diimplimentasikan dalam aspek pengajaran dan pembelajaran sejajar dengan kepentingannya terhadap cabangan ilmu-ilmu Islam yang lain agar terus berkembang dan bertapak pada kaca mata Ilmuan Islam secara khusus dan masyarakat sejagat secara umumnya.   Kata Kunci: Qiraat Mutawatirah, Fiqh, Qiraat, fuqaha‘.


Author(s):  
Martin Partington

This chapter discusses the role both of those professionally qualified to practise law—solicitors and barristers—and of other groups who provide legal/advice services but who do not have professional legal qualifications. It examines how regulation of legal services providers is changing. It notes new forms of legal practice. It also considers how use of artificial intelligence may change the ways in which legal services are delivered. It reflects on the adjudicators and other dispute resolvers who play a significant role in the working of the legal system. It reflects on the contribution to legal education made by law teachers, in universities and in private colleges, to the formation of the legal profession and to the practice of the law.


2017 ◽  
Vol 42 (01) ◽  
pp. 163-194 ◽  
Author(s):  
Mary Gallagher ◽  
Yujeong Yang

This article explores the role of formal education and specific legal knowledge in the process of legal mobilization. Using survey data and in-depth case narratives of workplace disputes in China, we highlight three major findings. First, and uncontroversially, higher levels of formal education are associated with greater propensity to use legal institutions and to find them more effective. Second, informally acquired labor law knowledge can substitute for formal education in bringing people to the legal system and improving their legal experiences. The Chinese state's propagation of legal knowledge has had positive effects on citizens' legal mobilization. Finally, while education and legal knowledge are factors that push people toward the legal system, actual dispute experience leads people away from it, especially among disputants without effective legal representation. The article concludes that the Chinese state's encouragement of individualized legal mobilization produces contradictory outcomes—encouraging citizens to use formal legal institutions, imbuing them with new knowledge and rights awareness, but also breeding disdain for the law in practice.


2005 ◽  
Vol 35 (4) ◽  
pp. 482-505 ◽  
Author(s):  
Patrick Desplat

AbstractProcesses of contextualization in Islam are constantly raising questions about self-perception and the 'other', thus challenging the concept of an 'authentic' identity and its boundaries. Innovations and their appropriation or rejection currently play a significant role in Harar, an urban community in Eastern Ethiopia where local saints constitute a key element of everyday religious life. Islamic reform movements have been able to enter Ethiopia since the downfall of the socialist regime in 1991 and have been provoking disputes concerning the 'true' Islam, focusing on saints and related 'un-Islamic' practices. The majority of the Harar community has rejected this essentializing tendency, partly because of the influence of a Harari scholar who presides over the Lebanese organization Hasbashiyya. However, the contemporary role of religious networks and the quest for authenticity must be embedded in both the historical and contemporary socio-political context.


2019 ◽  
Vol 3 (1) ◽  
pp. 25-34
Author(s):  
Laely Wulandari ◽  
Lalu Parman

In a comparative study of Eradicating Corruption in Indonesia and Japan appears that law culture plays a significant role. Indonesia has special institution that deals with corruption while Japan does not have it. Nevertheless, cases of corruption in Indonesia are higher than in Japan. This is due to the Indonesian culture of ewuh pakewuh, reluctant, and has two different views in dealing with corruption. On the one hand, Indonesia rejects corruption, but on the other hand, it commits actions that support corruption. Meanwhile, Japan has a strong culture of shame for committing law violations both at the community level and law enforcement officers.  


2021 ◽  
pp. 255-290
Author(s):  
Martin Partington

This chapter discusses the role both of those professionally qualified to practise law—solicitors and barristers—and of other groups who provide legal/advice services but who do not have professional legal qualifications. It examines how regulation of legal services providers is changing and the objects of regulations. It notes the development of new forms of legal practice. It also considers how the use of artificial intelligence may change the ways in which legal services are delivered. The chapter reflects on the adjudicators and other dispute resolvers who play a significant role in the working of the legal system, and on the contribution to legal education made by law teachers, in universities and in private colleges, to the formation of the legal profession and to the practice of the law.


Author(s):  
Martin Partington

This chapter discusses the role both of those professionally qualified to practise law—solicitors and barristers—and of other groups who provide legal/advice services but who do not have professional legal qualifications. It examines how regulation of legal services providers is changing and the objects of regulations. It notes the development of new forms of legal practice. It also considers how the use of artificial intelligence may change the ways in which legal services are delivered. The chapter reflects on the adjudicators and other dispute resolvers who play a significant role in the working of the legal system, and on the contribution to legal education made by law teachers, in universities and in private colleges, to the formation of the legal profession and to the practice of the law.


2018 ◽  
pp. 395-398
Author(s):  
S. Nassir Ghaemi

A textbook on psychopharmacology that seeks to be comprehensive should not avoid addressing important economic aspects of this field. Central to the field of psychopharmacology is the existence and role of the pharmaceutical industry. In recent decades, there has been extensive public debate about the role of the pharmaceutical industry in psychiatric and other medical practice. It would seem worthwhile to acknowledge this debate, and to examine some of the claims and counterclaims made, as well as to suggest some potential avenues for contributing to this debate in a constructive manner. The pharmaceutical industry is central to the development of new drugs, and it has been essential for many new discoveries. However, it also can retard progress by focusing on “me-too” drugs, and on marketing agents for uses that are questionable scientifically and sometimes ethically. The beneficial and harmful impacts of the pharmaceutical industry should be appreciated by practitioners, not just one side or the other.


Sign in / Sign up

Export Citation Format

Share Document