The Shari’a Approach to Contemporary Problems of Mass Surveillance

2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Sattam Eid Almutairi
Keyword(s):  
North America ◽  
Personal Data ◽  
Legal Systems ◽  
Legal Norms ◽  
Muslim Countries ◽  
Norms And Values ◽  
The World ◽  
State Surveillance ◽  
Mass Surveillance ◽  
Do So

AbstractThe phenomenon of mass surveillance has confronted legal systems throughout the world with significant challenges to their fundamental norms and values. These dilemmas have been most extensively studied and discussed in relation to the kind of privacy cultures that exist in Europe and North America. Although mass surveillance creates the same kinds of challenges in Muslim countries, the phenomenon has rarely been discussed from the perspective of Shari’a. This article seeks to demonstrate that this neglect of mass surveillance and other similar phenomena by Shari’a scholars is unjustified. Firstly, the article will address objections that Shari’a does not contain legal norms that are relevant to the modern practice of state surveillance and that, if these exist, they are not binding on rulers and will also seek to show that, whatever terminology is employed, significant aspects of the protection of privacy and personal data that exists in other legal systems is also be found deeply-rooted in Shari’a. Secondly, it will assess the specific requirements that it makes in relation to such intrusion on private spaces and private conduct and how far it can benefit from an exception to the general prohibition on spying. Finally, it is concluded that mass surveillance is unlikely to meet these Shari’a requirements and that only targeted surveillance can generally do so.

scholarly journals Overview of the concept of human rights in the Muslim world

2021 ◽  
pp. 36-51
Author(s):  
Dmytro Sharovych ◽  
Ivanna Maryniv
Keyword(s):  
Human Rights ◽  
Muslim World ◽  
Main Body ◽  
Special Role ◽  
Legal Systems ◽  
Permanent Commission ◽  
Intergovernmental Organization ◽  
Islamic World ◽  
Muslim Countries ◽  
The World

Problem setting. Islam is the youngest Abrahamic religion in the world. Its beginning was laid in the first half of the VII century AD on the territory of the Arabian Peninsula. The Islamic world is a unique regional phenomenon that causes many people to have different and in some cases even opposing views. The issue of human rights in the Islamic world is also much debated. Every day we receive information about the systematic violation of the honor and dignity of a certain category of the population (women, children) in the region. Analysis of recent researches and publications. The article uses the works of well-known experts in the field of Sharia and legal systems of Muslim countries such as: Syukiyaynen L. R., Abdullah ibn Abd al-Mukhsin at-Turki, Zhdanov N. V., Abashidze A. Kh., Abdul Aziiz Olaemi and others. Special attention is paid to the concepts of the Organization of Islamic Cooperation. Target of research. The objective of this work is a general overview of the concept of human rights in the Islamic world. Article`s main body. Analyzed the issues of human rights in different countries where Sharia has a significant impact on their systems of law, namely: Pakistan, Saudi Arabia and Iran. The article notes that despite the significant impact of Sharia law on the legal systems of the above countries, certain human rights standards differ between them. Also, the article reveals the first practice of codifying human rights in muslim insight - the General Islamic Declaration of Human Rights, adopted by the non-governmental organization Islamic Council in Europe. The Organization of Islamic Cooperation (until 2012 - the Organization of the Islamic Conference) (hereinafter - OIC) - is an international intergovernmental organization whose members are representatives of the Muslim world. Thus, the explored activity of the international intergovernmental organization in the field of human rights, namely the Organization of Islamic Cooperation, which unites all Muslim countries of the world and in its activities is guided by the principles of Sharia. The study of the activities of this organization in the field of human rights contains an analysis of sectoral acts (for example, the Dhaka and Cairo Declarations), a study of the activities of bodies of special (Independent Permanent Commission on Human Rights) and general (Islamic Summit) competencies and other issues that relate to the mechanism of promoting and protecting human rights. Conclusions and prospects for the development. The authors came to the conclusion that the concept of human rights in the Islamic world is quite heterogeneous, even in comparison between countries where Sharia is dominant. The authors note the special role of the Organization of Islamic Cooperation as a leading basis in the Islamic doctrine of human rights, as this organization unites all Muslim countries into one monolithic bloc, which leads to the formation of a single Muslim autonomous will, which includes all national doctrines and approaches.

Fragments of the Past

2017 ◽  
Vol 5 (1) ◽  
pp. 71-92 ◽  
Author(s):  
Bradley J. Parker ◽  
Nicola Sharratt
Keyword(s):  
North America ◽  
Analytical Techniques ◽  
Archaeological Sites ◽  
Analytical Technique ◽  
The Past ◽  
The World ◽  
Promising Solution ◽  
Two Phases ◽  
Do So ◽  
Activity Areas

ABSTRACTMicroartifact analysis, the study of the density and distribution of tiny (yet visible) fragments of ceramics, bone, worked stone, and other microartifacts, offers a promising solution to the challenges of determining the location and nature of activity areas at archaeological sites. In spite of the fact that microartifact analysis has been successfully applied at sites in North America and the Middle East, archaeologists have yet to recognize the utility of this methodology in most of the rest of the world. The purpose of this article is, therefore, to test whether this methodology can be profitably applied in the southern Andes. To do so, we describe the results of microartifact sampling, processing, and analytical techniques that we applied to two phases of occupation at the site of Tumilaca la Chimba in southern Peru. The results of the research outlined in this article suggest that microartifact analysis is an effective analytical technique that can contribute greatly to archaeological praxis.

A Comparison of the Rationales for the Prohibition Against Hearsay Evidence in the USA and Nigeria

2011 ◽  
Vol 55 (2) ◽  
pp. 230-260
Author(s):  
Lawrence Azubuike
Keyword(s):  
United States ◽  
United States Of America ◽  
Common Law ◽  
The United States ◽  
Legal Systems ◽  
Legal Norms ◽  
The World ◽  
The Usa ◽  
The Common ◽  
Hearsay Evidence

AbstractThe influence of the United States of America in the world is reflected not just in the export of its values and policies, but also in the spread of US jurisprudence and legal norms around the world. Many nations try to emulate US trial practice and procedure, while others measure the utility of their procedural rules by US standards. The rule generally prohibiting the admissibility of hearsay evidence is firmly rooted in the common law which is the basis of the legal systems in both the USA and Nigeria. This article explores and compares the jurisprudential and other rationales underpinning the hearsay rule in both jurisdictions. It finds that, although there are slight differences in the trial procedures of the two systems, the general stricture against hearsay evidence is informed by similar rationales in both jurisdictions.

"Monotheistic" tendency in the late antiquity paganism

1996 ◽  
pp. 56-61
Author(s):  
I. Mozgovyy
Keyword(s):  
Late Antiquity ◽  
Spiritual Life ◽  
Norms And Values ◽  
The World

The unceasing approximation of the remarkable 2000th anniversary of the coming to the world of Christ highlights the need for further analysis of those processes that took place in the spiritual life of the ancient peoples and laid the foundations of modern civilization with its universal human norms and values.

Making Human Rights a Reality

2013 ◽  
Author(s):  
Emilie M. Hafner-Burton
Keyword(s):  
Human Rights ◽  
International Law ◽  
World Population ◽  
International Human Rights Law ◽  
Legal Norms ◽  
Human Rights Protection ◽  
National Human ◽  
The World ◽  
Protection Of Human Rights ◽  
National Human Rights Institutions

In the last six decades, one of the most striking developments in international law is the emergence of a massive body of legal norms and procedures aimed at protecting human rights. In many countries, though, there is little relationship between international law and the actual protection of human rights on the ground. This book takes a fresh look at why it's been so hard for international law to have much impact in parts of the world where human rights are most at risk. The book argues that more progress is possible if human rights promoters work strategically with the group of states that have dedicated resources to human rights protection. These human rights “stewards” can focus their resources on places where the tangible benefits to human rights are greatest. Success will require setting priorities as well as engaging local stakeholders such as nongovernmental organizations and national human rights institutions. To date, promoters of international human rights law have relied too heavily on setting universal goals and procedures and not enough on assessing what actually works and setting priorities. This book illustrates how, with a different strategy, human rights stewards can make international law more effective and also safeguard human rights for more of the world population.

Menakar Urgensi dan Masa Depan Legislasi Fiqih Produk Halal di Indonesia

2020 ◽  
Vol 14 (2) ◽  
pp. 177-190
Author(s):  
Siti Rohmah ◽  
Ilham Tohari ◽  
Moh. Anas Kholish
Keyword(s):  
Islamic Law ◽  
World Market ◽  
Legal Certainty ◽  
Muslim Countries ◽  
The World ◽  
Constitutional Protections

This article aims to identify and analyze the urgency and future of fiqh legislation for halal products in Indonesia. In addition, this article also aims to identify and analyze whether Law no. 33 of 2014 concerning the Guarantee of Halal Products is the result of authoritarianism in the name of Islamic law in Indonesia or is a constitutional guarantee for the majority of Muslims. The conclusion of this study shows that the effort to enact the jurisprudence of halal products through the Halal Product Guarantee Law is a constitutional necessity for Indonesian citizens who are predominantly Muslim. The regulation of halal certification in the Halal Product Guarantee Law is a form of legal certainty and constitutional protections for the majority of Muslims as consumers in Indonesia. In addition, the existence of the Halal Product Guarantee Law is also considered to provide benefits economically, socially, and healthily, which applies universally regardless of religion. Even the accusation that the Halal Product Guarantee Law is a product of authoritarianism that harms non-Muslims cannot be justified. Because the producers of food and medicine that are widely circulating in supermarkets and mini-markets in Indonesia are actually non-Muslim owners. Even with this halal certification, their products can enter the world market, especially in Muslim countries.

The Values and Norms of Islam

2010 ◽  
Vol 1 (1) ◽  
pp. 1-19
Author(s):  
Ahmed Akgunduz
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
The Other ◽  
Moral Norms ◽  
Simple Fact ◽  
Value System ◽  
Legal Norms ◽  
Islamic Legal Theory ◽  
The World ◽  
Over Time

AbstractIslamic Law is one of the broadest and most comprehensive systems of legislation in the world. It was applied, through various schools of thought, from one end of the Muslim world to the other. It also had a great impact on other nations and cultures. We will focus in this article on values and norms in Islamic law. The value system of Islam is immutable and does not tolerate change over time for the simple fact that human nature does not change. The basic values and needs (which can be called maṣlaḥa) are classified hierarchically into three levels: (1) necessities (Ḍarūriyyāt), (2) convenience (Ḥājiyyāt), and (3) refinements (Kamāliyyāt=Taḥsīniyyāt). In Islamic legal theory (Uṣūl al‐fiqh) the general aim of legislation is to realize values through protecting and guaranteeing their necessities (al-Ḍarūriyyāt) as well as stressing their importance (al‐ Ḥājiyyāt) and their refinements (taḥsīniyyāt).In the second part of this article we will draw attention to Islamic norms. Islam has paid great attention to norms that protect basic values. We cannot explain all the Islamic norms that relate to basic values, but we will classify them categorically. We will focus on four kinds of norms: 1) norms (rules) concerned with belief (I’tiqādiyyāt), 2) norms (rules) concerned with law (ʿAmaliyyāt); 3) general legal norms (Qawā‘id al‐ Kulliyya al‐Fiqhiyya); 4) norms (rules) concerned with ethics (Wijdāniyyāt = Aḵlāqiyyāt = Ādāb = social and moral norms).

WTO SUCCESSOR TO GATT

1997 ◽  
Vol 14 (2) ◽  
pp. 172-187
Author(s):  
Arif Sultan
Keyword(s):  
North Africa ◽  
European Economic Community ◽  
Developed Countries ◽  
Economic Community ◽  
Land Area ◽  
The North ◽  
Muslim Countries ◽  
The Pacific ◽  
The World ◽  
The Developed Countries

Within a short span of time a number of economic blocs have emergedon the world horizon. In this race, all countriedeveloped, developingand underdeveloped-are included. Members of the North America FreeTrade Agreement (NAITA) and the European Economic Community(EEC) are primarily of the developed countries, while the EconomicCooperation Organization (ECO) and the Association of South EastAsian Nations (ASEAN) are of the developing and underdevelopedAsian countries.The developed countries are scrambling to create hegemonies throughthe General Agreement on Tariff and Trade (GATT). In these circumstances,economic cooperation among Muslim countries should be onthe top of their agenda.Muslim countries today constitute about one-third of the membershipof the United Nations. There are around 56 independentMuslim states with a population of around 800 million coveringabout 20 percent of the land area of the world. Stretchingbetween Atlantic and the Pacific Oceans, the Muslim Worldstraddles from North Africa to Indonesia, in two major Islamicblocs, they are concentrated in the heart of Africa to Indonesia,in two major blocs, they are concentrated in the heart of Africaand Asia and a smaller group in South and Southeast Asia.'GATT is a multilateral agreement on tariffs and trade establishing thecode of rules, regulations, and modalities regulating and operating internationaltrade. It also serves as a forum for discussions and negotiations ...

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