The Role of e-Government in Nigeria: Legal Issues and Barriers against Complete Implementation

2018 ◽  
pp. 23-30
Author(s):  
Ishaya Martins
Keyword(s):  
Legal Issues

The Muslim and the Law: A Brunei Experience

2017 ◽  
Vol 3 ◽  
Author(s):  
Zabaidah Haji Kamaludin
Keyword(s):  
Islamic Law ◽  
Critical Factor ◽  
Legal Issues ◽  
Core Element ◽  
The Core ◽  
Ideal System ◽  
The Law ◽  
Islamic Values

An Islamic system of governance is an ideal system, which is a tantalising objective for many Muslims but often times not achieved in practice. Countries may call themselves ‘Islamic’ but the core element of Islamicity, that of values such as compassion, equity and justice may not have breached the consciousness of their leaders and citizens. Sometimes it is individuals who act as the catalyst for sparking action. For a Muslim, it is his īmān that serves to light his conscience, and guiding him the dispensation of his everyday tasks within his organisation. This individualised īmān may at times serve as a small but critical factor tilting the different organisational functions of government towards integrations under an Islamic system of governance. This paper recounts the challenges of a Muslim engaging in legal issues in a non-Islamic context, seeking to help enable his organisation to undertake the role of incorporating non-Islamic law with Islamic values.

scholarly journals The Theory of Interpretation in Solving Contemporary Legal Issues: With A Focus on the Instrument of Ijtihad

2018 ◽  
Vol 150 ◽  
pp. 05056
Author(s):  
Abdulrahman M.A.Albelahi ◽  
A. Ali ◽  
Faten Mohmed ◽  
Metwally Ali
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
Legal Issues ◽  
Legal Interpretation ◽  
Way Of Life ◽  
Essential Question ◽  
Judicial Reasoning ◽  
The Law ◽  
Law And Legislation

Since the beginning, legal theory has concerned itself with the establishment of principles and precepts that govern the procedure of legal interpretation, from the initial stages of the judicial reasoning down to the promulgation of ruling and their implementation, Islam is a total way of life. Muslims are obliged to abide by the rules of Allah in every aspect of their lives, always and wherever they live. However, the actual rules of Allah as given in the Qur’an and the sunna are limited. The Qur’an contains only six hundred verses directly related to laws, and there are approximately two thousand hadiths. The function of interpretation is to discover the intention of the Lawmaker of the matter, therefore, interpretat primarily concerned with the discovery of that which is rot self-evident the objective of interpretation is to ascertain the intention c the Lawmaker with regard to what has been left unexpressed as a matter of necessary interference from the surrounding circumstances. Sometimes, the textual sources did not provide detailed guidelines in which to derive the law, and then the role of interpretation is important to determine the law. In Islamic law the role of Ijtihad undoubtedly important in order to meet new problems. But some of the Jurist contended that the role of Ijtihad had ended and we have to follow the rule that has been stated. An explanation given to this trend is that a point had been reached at which all essential question of law had been thoroughly discussed and further deliberation was deemed unnecessary. In Common law, man-made law and legislation are related to one another within a philosophy of law. Parliament makes law and it is the duty of the courts to give effect to them if properly enacted. While courts may rule that a particular statute or section is invalid for various reasons such as unconstitutionality, they cannot say, "We shall change this Act because it is not appropriate". That function belongs to Parliament (Wu Min Aun 1990: 120). So as in Islamic law, the Lawmaker is Allah S.w.t and the sacred text (Quran) is legislated due to His intention whereas Sunnah of the Prophet Muhammad is enacted due to the Prophet's intention. Therefore, Ulama of Usul Fiqh, in making any Ijtihad, they are du y bound to be guided by Quran and Sunnah.

scholarly journals HTA AND ITS LEGAL ISSUES: A FRAMEWORK FOR IDENTIFYING LEGAL ISSUES IN HEALTH TECHNOLOGY ASSESSMENT

2014 ◽  
Vol 30 (6) ◽  
pp. 587-594 ◽  
Author(s):  
Daniel Widrig ◽  
Brigitte Tag
Keyword(s):  
Health Technology Assessment ◽  
Technology Assessment ◽  
Health Technology ◽  
Legal Issues ◽  
Extensive Literature ◽  
Legal Analysis ◽  
Swiss Health ◽  
Extensive Literature Search ◽  
Legal Technology

Objectives: Legal analysis can highlight important issues that are relevant when deciding whether a medical technology should be implemented or reimbursed. Literature and studies show that even though the law is an acknowledged part of health technology assessment (HTA), legal issues are rarely considered in practice. One reason for this may be the lack of knowledge about the diversity of legal issues that are relevant for HTA. Therefore, this contribution aims primarily to identify and then explain the relevant legal issues in HTA. This study offers a framework for identifying the legal issues in HTAs in different jurisdictions and provides a basis for further research.Methods: After extensive literature search, the authors review Swiss health law to identify legal issues that are relevant to HTA. The authors then categorize these legal issues using a framework with an inside and outside perspective. Finally, they explain a selection of these legal issues with several examples.Results: This study reveals numerous legal issues that are relevant for HTA and underlines the necessity of incorporating legal analysis in HTAs. The suggested perspectival framework in this study provides a basis to structure the legal analysis. The identified legal issues are relevant in other countries and the perspectival framework is transferable to other jurisdictions.Conclusions: The article underlines the importance of in-depth discussion about the role of law in HTA. It provides a structured overview of the legal issues in HTA and suggests a development of more concrete instruments toward a standardized legal technology assessment.

The Key Role of Judges in the Development of Private International Law: Lessons Learned from the Work of the Hague Conference on Private International Law

2019 ◽  
pp. 295-309
Author(s):  
Ignacio Goicoechea ◽  
Hans van Loon
Keyword(s):  
International Law ◽  
Latin American ◽  
Lessons Learned ◽  
Legal Issues ◽  
Private International Law ◽  
Child Abduction ◽  
Working Cycle ◽  
The Hague ◽  
Changing Role

The article discusses the role of judges in the development of private international law (PIL). It highlights the changing role of judges in the context of contemporary globalization, and argues that as a result of the expansion of their international duties, judges, in a way that is analogous to the working cycle of the Hague Conference on Private International Law, also have a role in identifying legal issues that must be addressed by PIL, developing tools to address those issues, ensuring the implementation and operation of these tools, and assessing their effectiveness. The article also highlights the contribution of judges to the development of Hague Conventions, and describes the very important role of Latin American judges in the development of special devices to promote the implementation, operation and assessment of the 1980 Hague Child Abduction Convention in Latin America.

Foundations of Interreligious Dialogue

2014 ◽  
pp. 1-15
Author(s):  
Henri Atlan
Keyword(s):  
Science And Technology ◽  
Interreligious Dialogue ◽  
Legal Issues ◽  
Traditional Role ◽  
Space And Time ◽  
Dead End ◽  
Scientific Materialism ◽  
Ethical And Legal Issues ◽  
Underdetermination Of Theory

This chapter is less concerned with foundations as such than with the different kinds of dialogues undertaken at various levels between different religions as well as between religions and science and philosophy. The beliefs and dogmas at stake often dead-end these dialogues or lead to misunderstandings. “Spirituality” as a common trait of all religions supposedly uniting them in opposition to scientific materialism is a misleading concept. Religions deemed similar, such as monotheistic faiths, when analyzed in terms of their meanings and effects, are actually very different. However, different traditions, even when they diverge across space and time, can reveal interesting convergences in their philosophical teachings. The primeval infra-linguistic foundations of the sacred at the origins of humanity have been passed down through the millennia in different ways according to their different cultural histories. The ethical and legal issues arising from the role of science and technology today make it imperative to seize opportunities for dialogue. Faced with these new issues, religions and philosophies must collaborate in their attempts to address them. Consequently, their traditional role in the genealogy of ethics needs to be overhauled. This may be achieved through efforts to construct an empirically based universal ethics rather than a purely theoretical one that is limited to specific religious or philosophical doctrines. The success of these efforts is not guaranteed; however, they may be facilitated by the underdetermination of decisions by their motivations, an argument adapted from the concept of underdetermination of theory by facts.

Sales on a Going-Concern Basis

2020 ◽  
Keyword(s):  
Public Law ◽  
Legal Issues ◽  
Third Party ◽  
Due Diligence ◽  
Price Setting ◽  
Public Marketing ◽  
Business Information ◽  
Sales Process ◽  
Selling Process

For many entrepreneurs, selling your business is an unique, once-in-a-lifetime event. Selling or transferring one’s business to a third party is in many ways radical. First, in a rather irrational way: selling your business means goodbye to what has been built or continued for several years or for decades. Second, more rationally, entering into a selling process brings its own dynamics: informally attracting candidate buyers or find candidates via public marketing, exchanging business information, negotiation phase, a letter of intent, including clauses on confidentiality, due diligence, valuation and price-setting and the role of certain conditions precedent and guarantees in the entire proces, and finally closing the deal and transfer the business. In addition to its specific contractual clauses relevant for each individual sales process, other legal issues surround such a sale and transfer. On the buyer’s side for instance the way to finance the acquisition, antitrust pitfalls, stock listing requirements or requirements for transferring public law permits, certifications and licences or the uncertainly relating to the possible loss of carry forwards against taxation that may require the consent of third parties to be transferred, if they can be transferred at all).

The Interface Between Intellectual Property and Sustainable Development

2021 ◽  
pp. 615-639
Author(s):  
Ahmed Abdel-Latif ◽  
Pedro Roffe
Keyword(s):  
Sustainable Development ◽  
Intellectual Property ◽  
Legal Issues ◽  
International Level ◽  
Green Technologies ◽  
The Sustainable Development ◽  
Development Context ◽  
Development Goals ◽  
Global Agenda

Sustainable development has emerged as a key priority in the global agenda, and the intellectual property (IP) system has come to interact with it more closely. This has resulted in the emergence of a range of policy and legal issues that the IP system is still grappling with in relation to biodiversity, climate change and the diffusion of green technologies, food security, and the implementation of the Sustainable Development Goals (SDGs) more generally. In this regard, this chapter aims to provide an overview of how the interface between IP and sustainable development has evolved particularly at the international level. It examines how IP has been dealt with in key sustainable development fora and how sustainable development has been addressed in international IP settings. The chapter also points out some efforts and initiatives seeking to bridge the gap between the realms of sustainable development and IP. In addition, it considers several legal issues at this interface which require further research. The chapter finds that while there have been extensive multilateral discussions on this topic, they have not, in general, resulted in changes to existing international IP rules to accommodate sustainable development concerns. The United Nations 2030 Agenda for Sustainable Development can provide a space to advance this discussion through an inclusive dialogue which addresses the role of IPRs in sustainable development both in terms of promoting innovation and providing access to the fruits of such innovation. Such a dialogue which brings together a diversity of views and stakeholders could help foster a broader approach to IP in the sustainable development context.

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