scholarly journals Legal issues surrounding the admissibility of electronic evidence in Tanzania

2021 ◽  
pp. 56-67
Author(s):  
Ubena John
Keyword(s):  
Legal Issues ◽  
Digital Evidence ◽  
High Court ◽  
Electronic Evidence ◽  
The Law

Tanzania has a law governing the admissibility of electronic evidence. This law brought several changes. It provides for the manner in which electronic evidence may be admitted. It also prescribes the requirements for determining the authenticity of electronic evidence. But the law seems to be incomplete and wrong in some instances. It obscures the procedure for laying the foundation of electronic evidence before its admission into evidence. Moreover, it ignores the role of digital evidence professionals in handling electronic evidence. Furthermore, the rulings of the High Court of Tanzania on the authenticity and admissibility of electronic evidence are conflicting. It is suggested that the law ought to provide for a procedure for laying the foundation of electronic evidence, and a digital evidence professional be involved in cases involving electronic evidence. Index words: Tanzania; electronic evidence; admissibility; 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 Who are we Trying to Protect? The Role of Vulnerability Analysis in New Zealand's Law of Negligence

2016 ◽  
Vol 47 (1) ◽  
pp. 19
Author(s):  
Scott William Hugh Fletcher
Keyword(s):  
New Zealand ◽  
City Council ◽  
High Court ◽  
North Shore ◽  
The Law ◽  
High Court Of Australia ◽  
Negligence Law ◽  
Insight Into ◽  
Consistent Application

New Zealand has incorporated ideas of vulnerability within its law of negligence for some years. It has not, however, clarified what is meant by vulnerability or the role the concept plays within the broader duty of care framework. Several obiter comments in Body Corporate No 207624 v North Shore City Council (Spencer on Byron) suggest the concept ought not to be part of the law due to its uncertain and confusing nature. Subsequent cases have, however, continued to use the concept, and continue to use it despite both its historically ill-defined nature and the additional uncertainty added by Spencer on Byron. This article argues that vulnerability can and ought to be a part of New Zealand negligence law. With a consistent application of a single test for vulnerability – that established in the High Court of Australia in Woolcock Street Investments Pty Ltd v CDG Pty Ltd – vulnerability can be conceptually certain and provide useful insight into the issues posed by the law of negligence.

scholarly journals Pro Bono Legal Aid by Advocates: Guarantee of Justice for the Poor

2021 ◽  
Vol 3 (4) ◽  
pp. 537-552
Author(s):  
Chairani Azifah
Keyword(s):  
Human Rights ◽  
Legal Issues ◽  
Legal Assistance ◽  
Legal Aid ◽  
The Poor ◽  
Pro Bono ◽  
The Law ◽  
Problem Formulations ◽  
The Right

The implementation of legal aid is a manifestation of Indonesia as a legal state that guarantees the human rights of citizens to equality before the law which is guaranteed in the 1945 Constitution. Within the framework of implementing this citizen's human rights, the provision of free legal aid is, among other things, obligated to advocates based on Article 22 Law on advocates and their implementing regulations. From this, two problem formulations were made as follows: What is the juridical review of the provision of pro bono legal aid? And what is the role of advocates in providing pro bono legal aid? This research is based on normative legal research, which is a research conducted by reviewing and analyzing legal materials and legal issues related to the problems studied. The results of the author's discussion found that free legal aid is the right of the poor to obtain the same justice as other communities, so that the protection of their rights is well fulfilled and the principle of equality before the law. Advocates are obliged to provide free legal aid to justice seekers, and to obtain free legal assistance, justice seekers must submit a written application to an advocate organization or legal aid institution.

scholarly journals PERANAN MAHASISWA FAKULTAS HUKUM SEBAGAI PELAKSANA BANTUAN HUKUM (LEGAL AID) KEPADA MASYARAKAT

FIAT JUSTISIA ◽  
2016 ◽  
Vol 9 (1) ◽  
Author(s):  
Deni Achmad
Keyword(s):  
Legal Issues ◽  
Law Students ◽  
Wide Area ◽  
Access To Justice ◽  
Legal Aid ◽  
Dense Population ◽  
The Law

The role of law students in the implementation of legal aid is divided into two, namely the implementation of legal aid litigation and non-litigation legal aid. The role of students in the provision of legal aid services, urgent existence, considering many people who are not capable of, marginalized and legally blind in Indonesia is difficult to get access to justice, especially a dense population and spread across a wide area so it is not proportional to the number Advocates are available and include high student awareness of the legal issues faced by the community/communities are not able to. Students have contributed significantly in their communities by providing legal aid services, running the advocacy work and organizing in their communities in order to encourage growth is growing awareness of the laws of society and realize access to justice (acces to justice) for everyone, especially people not being able to obtain a guarantee in the fulfillment of their rights as citizens, especially equality before the law (equality before the law) as mandated by the constitution in Article 28D paragraph (1) and Article 28H paragraph (2) of the constitution of 1945 .Keywords: Student, Legal Aid, Role

scholarly journals Position Replacement By Inheritee Who Refuses A Heritage According To Heir Civil Law Dan Islamic Heir Law

2018 ◽  
Vol 2 (2) ◽  
pp. 153-165
Author(s):  
Gibtha Wilda Permatasari ◽  
Yuliati Yuliati ◽  
Herman Suryokumoro
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Civil Law ◽  
Legal Issues ◽  
Comparative Approach ◽  
Legal Certainty ◽  
Inheritance Law ◽  
Research Journal ◽  
The Law

This research journal discusses legal issues relating to the substitution of places made by the heirs who previously rejected the inheritance which falls to him by comparison of the perspectives of civil inheritance law and Islamic inheritance law. Pursuant to Article 848 and Article 1060 of the Civil Code on the replacement of the place by the heirs who reject the inheritance and the notary's role as a general official in providing legal certainty to prevent the issue of inheritance according to the law of civil inheritance and the Islamic inheritance law. The purpose of this research is to know and to analyze whether or not the heirs who have rejected inheritance replace other heirs as well as to know the role of notary in giving legal certainty to prevent problems in the civil inheritance law and Islamic inheritance law. The research method used by the writer is the statue approach and comparative approach. Heirs who reject inheritance under civil law of inheritance cannot change place (plaatsvervulling) because the requirement of replacement of place according to the law of civil inheritance is derived from families of blood in the same degree and not reject the inheritance. The replacement of places in Islamic inheritance law is known as mawali however, Islamic law does not recognize the denial of inheritance only known in the law of civil inheritance.

Policing the Railways and Related Legal Issues

2003 ◽  
Vol 67 (6) ◽  
pp. 495-524 ◽  
Author(s):  
Kiron Reid
Keyword(s):  
Legal Issues ◽  
Atomic Energy ◽  
Home Office ◽  
The Public ◽  
Local Coordination ◽  
The Law ◽  
The Government ◽  
Corporate Manslaughter ◽  
Real Picture

This article takes the form of a critique of the government implementation of the new statutory accountability of British Transport Police (BTP). It starts with a brief review of why the role of BTP is important to the public and how the force interacts with other forces (including wider concerns about rail safety and responsibility of rail companies to the law through development of the law of corporate manslaughter). The article also considers whether current developments over policing the railways are influenced by the increasing national coordination of policing and whether national or local coordination or control of police should be increased and what legal issues arise. This is particularly debated with regard to controversy over police numbers, and touching on other non-Home Office forces such as Ports Police, as well as the role of Special Branch. An evaluation of the changes on powers and jurisdiction for the BTP in the recent anti-terrorist legislation is also included, in comparison with the extended powers and jurisdiction for UK Atomic Energy Authority and Ministry of Defence police. As with the author's previous work many localised examples are given to give a real picture to the legal issues raised.

HUKUM ISLAM MASA KESULTANAN DELI:

2020 ◽  
Vol 12 (1) ◽  
pp. 1-20
Author(s):  
Radinal Mukhtar Harahap
Keyword(s):  
Legal Discourse ◽  
Legal Issues ◽  
The Political ◽  
Legal Provisions ◽  
Research Level ◽  
Cases Study ◽  
The Law ◽  
Practical Level

Islamic legal discourse on a practical level is often understood to be limited to the problem of istinbāt, fiqh or ushul fiqh. There is a challenge to expand it to include philosophy, normative and empirical cases. Study of manuscript is one of the related by that studies. This article presents Tanqīh al-Zunūn ‘an Masā'il al-Maimūn by Shaykh Hasan Maksum as an identifier of the political and social links to Islamic legal in the Deli Sultanate. From this it was found that the sultanate had a stake in the determination of the law as well as the role of the ulama in maintaining the attitude as a speaker of legal provisions. There are seven legal issues that are discussed normatively, and they originate from the existence of arguments in the community. This manuscript not just addition Islamic legal in the Deli Sultanate, it also showed the authority of Shaykh Hasan Maksum as a 'brilliant star' scholar in legal matters, although it was rarely discussed and raised at the research level.

scholarly journals عقد الزواج وما يتعلق به من الوسائل المستحدثة

2017 ◽  
Vol 17 (2) ◽  
pp. 175
Author(s):  
Fadlolan Musyaffa'
Keyword(s):  
Islamic Law ◽  
Legal Issues ◽  
The Internet ◽  
Direct Communication ◽  
Marriage Contract ◽  
The Law ◽  
Modern Tool

<p>A mujtahid has an important role in answering legal issues that arise in the community. His position is to replace the role of the prophet in exposing and explaining the law of God in the nash. This article attempts to discuss the terms of the Mujtahids according to the scholars of Islamic law and the possibility of reaching these conditions in the present. The majority of contemporary scholars allow the ceremony of marriage with modern means of direct communication, as well as through modern means such as computers and the internet that can mutually make marriage contract. Now, there is modern tool through a visual phone that can display images of all components that make contract who can listen to each other and see between the two people who perform the contract and witnessed both witnesses, then the contract is valid, because it has qualified and get along in the marriage contract.<br />---<br /><br />Seorang mujtahid memiliki peranan penting dalam menjawab permasalahan hukum yang muncul dimasyarakat. Karena pentingnya peran mujtahid tersebut, diperlukan syarat-syarat dalam berijtihad agar ijtihadnya benar dan sesuai kehendak Allah. Tulisan ini mencoba membahas syarat-syarat mujtahid menurut para ulama hukum Islam serta kemungkinan meraih syarat-syarat tersebut pada masa sekarang ini. Mengingat akad nikah memiliki spesifikasi yang khusus dan unik disbanding dengan akad-akad lain, maka terjadi khilaf antara ulama tentang kemungkinan akad melalui sarana komunikasi yang terbarkan. Mayoritas ulama kontemporer memperbolehkan akad nikah dengan sarana komunikasi modern langsung, maupun melalui sarana modern seperti komputer dan internet yang bisa saling melakukan akad nikah.Apalagi sekarang telah ditemuakan alat modern melalui telepon visual yang bisa menampilkan gambar semua komponen yang melakukan akad yang bisa saling mendengarkan suara dan melihat antar kedua orang yang melakukan akad serta disaksikan kedua orang saksi, maka akad tersebut adalah sah, karena telah memenuhi syarat dan rukun dalam akad nikah.</p><p> </p>

scholarly journals When Lawyers Lie, Cheat and Steal: Understanding the Role of the Bar ‒ Ndleve v Pretoria Society of Advocates [2016] ZACC 29

Obiter ◽  
2019 ◽  
Vol 40 (2) ◽  
Author(s):  
Angelo Dube ◽  
Nicholene Nxumalo
Keyword(s):  
Justice System ◽  
Constitutional Court ◽  
Professional Conduct ◽  
High Court ◽  
The Public ◽  
Lower Courts ◽  
The Law

On 1 September 2016, the Constitutional Court handed down judgment in the case of Ndleve v Pretoria Society of Advocates ([2016] ZACC 29), in which it unanimously dismissed an application for leave to appeal lodged by Ralph Patrick Ndleve. The case established that there is a duty placed upon the Society of Advocates to uphold the law and ensure the integrity of the profession and the justice system as a whole. Further, the Society of Advocates was held to owe that duty to both the courts and the public. The case also established that the dominus litis in such cases is the Society of Advocates, and not the clients who lodged complaints.Ndleve’s application followed a series of applications before the Constitutional Court and the lower courts, in which Ndleve sought to set aside a decision of the High Court striking him from the roll of advocates. His disbarment followed an application moved before the High Court by the Pretoria Society of Advocates (the Society) after it received complaints of unethical professional conduct from various of Ndleve’s “clients”. Among these were complaints that Mr Ndleve took instructions directly from clients without being instructed by an attorney; that he continued to practise as an advocate after he had been struck off the roll; that he took money from clients without the intervention of an attorney; and that he had stolen money from clients. What stands out in this case, as will be discussed below, is that Ndleve’s dishonesty persisted even in the manner in which he conducted his application before the Constitutional Court.

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