scholarly journals Accommodation of Western Legislation for Plurality of Beliefs in Family Law

2011 ◽  
Vol 11 (1) ◽  
pp. 77-85
Author(s):  
Zoila Combalía

Abstract In the last several years, the European societies, that in their majority were fairly uniform as far as race, culture or religion, have been converted into intercultural places where many different visions of the world live together. Together with a factor of exogenous plurality, produced by the increase in immigration, an internal desegregation should also be highlighted in our own societies. In this new environment of diversity, it is without a doubt, difficult for the Law to accommodate all the different ethical, religious or cultural demands of the people. In my paper I study the means of accommodation rooted in our legal tradition such as: the conscientious objection, the agreements of the State with religious groups, mediation and arbitration as a way of accommodation of plurality in the field of Family Law, etc. I conclude by stressing the fact that allowing space for diversity does not mean giving up our own values. Quite the opposite, accommodation comes from our own values: that is, from the respect for freedom and non-discrimination, founded on the dignity of the person.

2014 ◽  
Vol 3 (3) ◽  
pp. 203
Author(s):  
Muhamad Isna Wahyudi

Tension between Islamic legal tradition and the modern nation state’s role in establishing dan reforming law has become the global controversies and conflicts in Muslim countries over the last decades including Indonesia. Since the enactment of Law No.1/1974 on Marriage, then Compilation of Islamic Law (Kompilasi Hukum Islam/KHI) under President Instruction No.1/1991, dualism of the validity of marriage has been arising in Indonesian Muslim society. The dualism has led to ambivalence towards law enforcement among judges of religious courts in dealing with the petitions for the legalization of marriage while the Law restricts the petitions to marriages before the enactment of Law No.1/1974. In this case, judges of religious court have deviated from the state law by granting legalization to marriages occurred after the enactment of Law No.1/1974. Such deviation is known as judge’s discretion. Despite judges of religious courts seem to adhere to the Islamic legal tradition than the State law in the case of legalization of marriage; they have deviated from Islamic legal tradition or state law in terms of the fulfillment of divorced wife’s rights, joint property, custody, and inheritance. Their discretion is merely to provide the justice to the litigants when the application the letter of the law is contradictory to justice. In this way, they have also taken a part in reforming the Islamic FamilyLaw.Keywords: judge, discretion, justice.


Author(s):  
Оlena Fedorіvna Caracasidi

The article deals with the fundamental, inherent in most of the countries of the world transformation of state power, its formation, functioning and division between the main branches as a result of the decentralization of such power, its subsidiarity. Attention is drawn to the specifics of state power, its func- tional features in the conditions of sovereignty of the states, their interconnec- tion. It is emphasized that the nature of the state power is connected with the nature of the political system of the state, with the form of government and many other aspects of a fundamental nature.It is analyzed that in the middle of national states the questions of legitima- cy, sovereignty of transparency of state power, its formation are acutely raised. Concerning the practical functioning of state power, a deeper study now needs a problem of separation of powers and the distribution of power. The use of this principle, which ensures the real subsidiarity of the authorities, the formation of more effective, responsible democratic relations between state power and civil society, is the first priority of the transformation of state power in the conditions of modern transformations of countries and societies. It is substantiated that the research of these problems will open up much wider opportunities for the provi- sion of state power not as a center authority, but also as a leading political structure but as a power of the people and the community. In the context of global democratization processes, such processes are crucial for a more humanistic and civilized arrangement of human life. It is noted that local self-government, as a specific form of public power, is also characterized by an expressive feature of a special subject of power (territorial community) as a set of large numbers of people; joint communal property; tax system, etc.


Author(s):  
Will Smiley

This chapter charts the “Law of Release,” a new system of rules that replaced the Law of Ransom. These rules were based on treaties signed from 1739 onward, but also on a variety of lesser agreements and unwritten understandings and the Islamic legal tradition. They were renewed frequently, and structured captivity as late as the 1850s. This chapter will explore the basic structures of the Law of Release—how captives were found, released, and sent home, and how slaveowners were convinced, coerced, or compensated to cooperate. I argue that while release was initially limited to Istanbul, and to the most visible captives, it extended both into elite households, and outward along the Ottoman corridors of power. This process tested the limits of the Ottoman state, forcing the state to cooperate with Russian officials for the benefit of both. They did so in the face of resistance from captors.


2020 ◽  
pp. 030981682098238
Author(s):  
Miloš Šumonja

The news is old – neoliberalism is dead for good, but this time, even Financial Times knows it. Obituaries claim that it had died from the coronavirus, as the state, not the markets, have had to save both the people and the economy. The argument of the article is that these academic and media interpretations of ‘emergency Keynesianism’ misidentify neoliberalism with its anti-statist rhetoric. For neoliberalism is, and has always been, about ‘the free market and the strong state’. In fact, rather than waning in the face of the coronavirus crisis, neoliberal states around the world are using the ongoing ‘war against the virus’ to strengthen their right-hand grip on the conditions of the working classes.


2021 ◽  
Vol 17 (2) ◽  
pp. 336-375
Author(s):  
Andressa Kikuti Dancosky ◽  
Jacques Mick ◽  
Dairan Mathias Paul ◽  
Suelyn Cristina Carneiro da Luz ◽  
Alessandra Natasha Costa Ramos ◽  
...  

ABSTRACT – This paper presents the results of research on journalistic economic alternative arrangements to the major media corporations in the state of Santa Catarina, Brazil. It draws a profile of 20 arrangements identified through combined research techniques (snowball and questionnaire), characterizing them from three central axes: 1) “what is journalistic” in the journalistic arrangements (defining aspects of the type of journalism that is produced – or “markers”) and considerations about the world of work of the people in charge of these arrangements; 2) organization and production process (publication regimes, target audience, independence, and alternativeness); and 3) innovation and sustainability (if the arrangements consider themselves as entrepreneurial and innovative, what their legal status is and how they are financially sustained). The results point to three ideal types of journalistic arrangements, identified by their different bonds with the capital, their communities, or their political causes. Each ideal type corresponds to a distinct understanding of what journalism is and to distinct governance practices. Without constituting consolidated models, these types respond, each one in its way, to the structural changes that occur in the profession.RESUMO – Este artigo apresenta resultados de uma pesquisa sobre arranjos econômicos de jornalismo alternativos às grandes corporações de mídia no estado de Santa Catarina. Traça um perfil de 20 arranjos identificados por meio de técnicas combinadas de pesquisa (bola de neve e questionário), caracterizando-os a partir de três eixos centrais: 1) “o que há de jornalístico” nos arranjos jornalísticos (aspectos definidores do tipo de jornalismo produzido – ou “marcadores”) e considerações sobre o mundo do trabalho de seus e suas responsáveis; 2) organização e processo produtivo (regimes de publicação, públicos-alvo, relações de independência e alternatividade); e 3) inovação e sustentabilidade (se os arranjos consideram-se empreendedores e inovadores, quais seus status jurídicos e como se sustentam). Os resultados apontam para três tipos ideais de arranjos jornalísticos, identificados por suas diferentes conexões com o capital, as comunidades ou as causas políticas. Cada tipo ideal corresponde a um entendimento diferente do que é o jornalismo e a distintas práticas de governança. Esses tipos, sem constituírem ainda modelos consolidados, respondem, cada qual a seu modo, às mudanças estruturais do ofício.RESUMEN – Este artículo presenta los resultados de una investigación sobre proyectos económicos de periodismo alternativos a las principales corporaciones mediáticas en el estado de Santa Catarina, Brasil. Se dibuja un perfil de 20 proyectos identificados por técnicas de investigación articuladas (bola de nieve y cuestionario), caracterizándolos desde tres ejes centrales: 1) “qué hay de periodístico” en los proyectos periodísticos (aspectos definidores del tipo de periodismo producido – o “marcadores”) y consideraciones sobre el mundo laboral de sus responsables; 2) organización y proceso de producción (regímenes de publicación, públicos objetivo, relaciones de independencia y alternatividad); y 3) innovación y sostenibilidad (si los proyectos se consideran emprendedores e innovadores, cuál es su estatus legal y cómo se mantienen). Los resultados apuntan a tres tipos ideales de proyectos periodísticos, identificados por sus distintas conexiones con el capital, las comunidades o las causas políticas. Cada tipo ideal corresponde a una comprensión diferente de lo que es el periodismo y diferentes prácticas de gobernanza. Estos tipos, sin ser modelos aún consolidados, responden, cada uno a su manera, a los cambios estructurales de la profesión.


2019 ◽  
Vol 17 (1) ◽  
pp. 35-47
Author(s):  
Destiny Eze Agwanwo ◽  
Ibrahim Bello

Governance, the world over, has become the main framework for assessing the effective utilization of human and material resources for the development of a nation or an organization. This paper explores the link between governance failure, violence and its implication for internal security in Rivers State. The level of violence in the state is high and increasing particularly since 1999 when the nation returned to civil rule. Violence such as inter and intra communal conflicts, cult violence, armed robbery, kidnapping, political violence among others, now writ large in the state. The study utilized the qualitative and content analysis. The paper reveals that the pervasive nature of violence with negative effect on the internal security is the fall out of the failure of the governance in the state. The paper recommends, among other things that, good governance is a tool for empowering the people, which in turn, will reduce unemployment, poverty, marginalization and the recourse to violent aggression in the state.


2003 ◽  
Vol 59 (3) ◽  
Author(s):  
P.M. Venter

Intertextual indications of the world as portrayed in the book of JubileesAn intertextual analysis of sections containing trends of retributive justice in Jubilees 14:1-28, 24:14-17, 30:1-25 and texts including apoca-lyptic trends in 1:7-29, 23:11-32, gives some indication of the time and world in which the author lived. The article argues that the author reconceptualized ideas of retribution in a unique apocalyptic system. The revealed truth was given in an historical revelation to Moses and is aimed at the collective entity of the people of God who are to stay pure for God. They are to abstain from marriages with members of other nations and keep the law and the religious festivals according to the heptadictical calendar. The author belonged to a tradition running parallel to the Danielic and Enochic stream. He was neither an apoca-lyptic nor an official priest, but was very much influenced by both groups.


2018 ◽  
Vol 17 (2) ◽  
pp. 253
Author(s):  
Rihlatul Khoiriyah ◽  
Ali Imron ◽  
Ahmad Munif ◽  
Lathifah Munawaroh

<p>This paper intends to see the extent of legal awareness of the community in the village area of the santri against family law derived from national legal products. The results of the study show two main points, first, the understanding of Islamic civil law (marriage and inheritance) of Mangkang region society is dominated to the accepted understanding of classical fiqh. The people of Mangkang region are not anti-starch against the civil law of Islam issued by the state in the form of positive law. Although the Mangkang area people see that both are ijtihadiyah products, but the existence of Indonesian civil law that has an administrative effect on others makes them accept a good denan. Second, a persuasive approach in the form of a cultural approach is more readily accepted by citizens. Mangkang area people feel comfortable when invited to dialogue and discussion related to Islamic civil law of Indonesia. In the end, by reaching the common point and the good that might be obtained, Indonesian civil law can be understood and well accepted.</p><p> </p><p>Tulisan ini bermaksud melihat sejauh mana kesadaran hukum masyarakat di wilayah kampung santri terhadap hukum keluarga yang bersumber dari produk hukum nasional. Hasil dari kajian menunjukkan dua hal pokok, pertama, pemahaman hukum perdata Islam (penikahan dan kewarisan)  masyarakat wilayah Mangkang didominasi kepada pemahaman yang diterima fiqh klasik. Masyarakat wilayah Mangkang tidak anti pati terhadap hukum perdata Islam yang dikeluarkan negara dalam bentuk hukum positif. Meskipun masyarakat wilayah Mangkang melihat bahwa keduanya merupakan produk ijtihadiyah, namun keberadaan hukum perdata Islam Indonesia yang memiliki dampak administratif kepada yang lainnya menjadikan mereka bisa menerima denan baik. Kedua, pendekatan persuasif dalam bentuk pendekatan budaya lebih mudah diterima oleh warga masyarakat. Masyarakat wilayah Mangkang merasa nyaman ketika diajak berdialog dan berdiskusi terkait hukum perdata Islam Indonesia. Pada akhirnya, dengan mencapai titik temu dan kebaikan yang mungkin akan didapat, hukum perdata Islam Indonesia bisa dipahami dan diterima dengan baik..</p>


2021 ◽  
Vol 66 (05) ◽  
pp. 145-148
Author(s):  
Ниджат Рафаэль оглу Джафаров ◽  

It can be accepted that the classification of human rights, its division, types, and groups, is of particular importance. The syllogism for human rights can be taken as follows: law belongs to man; human beings are the highest beings on earth like living beings. Therefore, the regulation prevails. The right to freedom is conditional. Man is free. Consequently, human rights are dependent. Morality is the limit of the law. Morality is the limit and content of human actions. Therefore, the law is the limit of human activities. Morality is related to law. Law is the norm of human behavior. Thereby, human behavior and direction are related to morality. The people create the state. The state has the right. Therefore, the right of the state is the right of the people. The state is an institution made up of citizens. Citizens have the privilege. Such blessings as Dignity, honor, conscience, zeal, honor, etc., and values are a part of morality and spiritual life. Morality is united with law. Therefore, moral values are part of the law. Everyone has the right to freedom of thought and conscience. Space is about the law. Therefore, everyone has the right to opinion and conscience. Key words: human rights, freedom of conscience, conceptuality, citizenship


Author(s):  
Connie Zheng

This chapter reviews the legacy of several ancient Chinese sages (i.e. Guanzi, Hanfeizi, Shangyang, Xunzi, and Yanzi) and explores their thinking of ruling the state and managing the people. The thoughts of the old are compared with those known in the mainstream Western management texts. Striking similarities in thoughts and key organization and management issues of old and new are identified. For contemporary organizations to be successful, essential people-management principles must be espoused to sustain organizations for a long term as to preserve ancient states. Nonetheless, the world is in ceaseless change, dynasties and nations rise and fall as organizations acquire, merge, die, or emerge as new. Despite perpetual principles, management techniques require constant adaptation to meet modern challenges.


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