scholarly journals The Institute of Guardianship in Muslim Family Law in the Early Middle Ages

2018 ◽  
pp. 29-36
Author(s):  
M. O. Dadashev
Keyword(s):  
Property Rights ◽  
Middle Ages ◽  
Family Law ◽  
Financial Economic ◽  
Early Middle Ages ◽  
Rights Of The Child ◽  
The Status ◽  
Definition Of ◽  
The Right ◽  
Muslim Family

The article deals with the rights of the child and parents in the Muslim family law of the early Middle Ages and its formation in the 8th-10th centuries. The key rights of the child were determined and explained: the right to life, the right to naming, the right to nafaka-the right to financial support-the right to the awareness of his or her genealogy, the right to breastfeeding and the right to up-bringing (al-hidana). In addition, the article provides for the following classifications of the rights in question: basic, financial-economic, religious-ethical. Also, the author considers the issue of prohibition of adoption and gives the definition of an orphan (jatim) under Muslim family law, elucidates peculiarities of the status of orphans, the mechanism for protecting property rights of orphans, rights and duties of guardians with respect of orphans and their property, powers of the kadia (judge) regarding the issue of protecting the rights of orphans, types of guardianship. The reasons and procedure for deprivation of guardianship are also examined. In addition, the author considers parental property rights regarding children.

scholarly journals Dower (Mahr) in the Muslim Family Law of the Early Middle Ages: A Theoretical and Historical Legal Aspect

2021 ◽  
Vol 3 ◽  
pp. 65-69
Author(s):  
Musa B. Dadashev ◽  
Keyword(s):  
Middle Ages ◽  
Family Law ◽  
Legal Aspect ◽  
Early Middle Ages ◽  
Muslim Family

The article describes the dower (mahr) in the Muslim family law of the Early Middle Ages, dynamics of the development of dower (mahr) provisions during the Early Middle Ages (the VII to the X century), shows various approaches of Muslim theological legal schools to its amount and payment procedures, guarantees related to the mahr payment, mahr functions.

scholarly journals Skipan talsmanns fyrir börn – grundvöllur ákvörðunar og framkvæmd

2015 ◽  
Vol 11 (2) ◽  
pp. 313-332
Author(s):  
Hrefna Friðriksdóttir ◽  
Hafdís Gísladóttir
Keyword(s):  
United Nations ◽  
Child Protection ◽  
Justice System ◽  
Democratic Society ◽  
Rights Of The Child ◽  
The Status ◽  
United Nations Convention ◽  
Child Friendly ◽  
The Right ◽  
International Instruments

In recent years there has been a growing interest in the rights of children in various justice systems. The interpretation of international instruments, such as the United Nations Convention on the Rights of the Child legalized in Iceland as law 19/2013, places a strong emphasis on strengthening the status of the child. The concept of child-friendly justice has emerged reflecting a vision of a justice system that has adapted to the interests and needs of children. A key element is ensuring the right of the child to participate, building on the notion that participation actively promotes their citizenship in a democratic society. The complexity of child protection cases makes it imperative to ensure that children get the assistance they need to communicate and be able to influence procedures. This article discusses the development of provisions in child protection laws on the appointment of spokespersons for children and represents the findings of a study done on such appointments with various child protection committees. The main results of this research indicate that the development of the law has been positive. The enforcement does not however reflect these develpments and there is a lack of formality, assessment and satisfactory argumentation.

scholarly journals PEMENUHAN HAK PENDIDIKAN ANAK DIDIK PEMASYARAKATAN DI LEMBAGA PEMASYARAKATAN ANAK

2012 ◽  
Vol 8 (15) ◽  
Author(s):  
Tatik Mei Widari
Keyword(s):  
Personal Development ◽  
Early Adulthood ◽  
Development Cooperation ◽  
Correctional Institution ◽  
Right To Education ◽  
Rights Of The Child ◽  
Quality Program ◽  
Definition Of ◽  
The Right ◽  
Children Education

AbstractViolation much going against the rights of children, government attention is needed in the fulfillment of Human Rights on the right to education of children in Child Penitentiary. Embodiment of the fulfillment of the right to education in Child Correctional Institution is required to support the empowerment of human resources in the future as a pillar of development and life. Article 9 paragraph (1) of Act No. 23 of 2002 states that every child has the right to obtain education and teaching in the context of personal development and level of intelligence in accordance with their interests and talents. This is one of the fundamental importance of education of children in prisons who should still be considered by all parties, both government and society itself. The substance which covers the definition of child described in various laws and regulations vary nationally and internationally by the Convention on Rights of the Child among others, every human being under the age of 18 years unless another set that applies to children determined that early adulthood is achieved. Constraints faced in fulfilling Correctional Institution Children Educate Children education Correctional rights, namely the substance of the Act, the interests and obligations related institutions, students in prisons that are not motivated, infrastructure (facilities construction), Lecturer and staff, quality program development, cooperation and coordination, funding, child welfare and community. Keywrods : student in prisont, education right

ISSUES OF CHILDREN'S RIGHTS IN “AVESTO”

2021 ◽  
Vol 6 (2) ◽  
pp. 19-25
Author(s):  
Murod Turgunov ◽  
Keyword(s):  
Pregnant Women ◽  
Children And Adolescents ◽  
Legal Status ◽  
Family Law ◽  
Family Relations ◽  
National Legislation ◽  
Rights Of The Child ◽  
Modern Family ◽  
Definition Of ◽  
Criminal Legislation

Thecurrent article discusses the issues of ensuring the rights of the child in the Avesta, the sacred book of the Zoroastrians, analyzes the problems of modern family law, implementation of theprovisions of international legal instruments into national legislation regulating family relations in the historical and legal values.Furthermore, the author examines issues related to the definition of pregnancy, its termination, and the legal status of pregnant women based on the analysis of the relevant parts of the Avesta.On the basis of the study of the provisions of this holy book, the author compares the provisions of the modern criminal legislation of Uzbekistan with the provisions of this historical book on marriages, the definition of kinship, the legalstatus of children and adolescents

UPOREDNI PRIKAZ HRVATSKOG I SLOVENAČKOG PRAVA GRAĐENjA

Glasnik prava ◽  
2021 ◽  
Vol 12 (1) ◽  
pp. 35-51
Author(s):  
Edina Kočan
Keyword(s):  
Property Rights ◽  
Legal Systems ◽  
Legal Analysis ◽  
The Third ◽  
Conceptual Definition ◽  
The Subject ◽  
The Republic ◽  
Construction Law ◽  
Definition Of ◽  
The Right

The author presents a comparative legal analysis of the segments of construction law in Croatian and Slovenian law, with the aim of pointing out the differences that exist between them. Considering that this is a relatively new legal institute, which was somewhat earlier standardized in Slovenian law in relation to Croatian law, in the introductory exposition, a brief review was made of the occurrence of the construction law and the reasons for earlier non-regulation. The second part of the paper is dedicated to the stipulations of Act on ownership and Property Code of the Republic of Slovenia. This part refers to the conceptual definition of the construction law, in order to classify it in a certain broader unit, to which it belongs - genus proximum - searching for the closest relative, emphasizing the important characteristics that make it specific in relation to other property rights. In the third part of the paper, the author analyses the stipulations related to the subject of building rights, with reference to the dilemmas that exist in that sense, both in Croatian and Slovenian jurisprudence, as well as in the legal science of some other countries. The fourth part of the paper is dedicated to the stipulations that regulate the acquisition and duration of construction rights. Considering that derivative acquisition, among other things, characterizes the existence of bases and ways of acquisition, first possible bases of acquisition are presented, and then entry in appropriate public books as a way of acquiring this right and its duration. The concluding part of the paper summarizes the results of the analysis and evaluates the considered legal solutions, with the presentation of reasoned objections to the existing regulations, all with the aim of eventual amendment of the right to build in the legal systems in question.

22. Breach of Contract and Termination

Contract Law ◽  
2018 ◽  
Author(s):  
Ewan McKendrick
Keyword(s):  
Contract Law ◽  
Good Faith ◽  
Vienna Convention ◽  
European Contract ◽  
Breach Of Contract ◽  
Anticipatory Breach ◽  
The Status ◽  
Anticipatory Breach Of Contract ◽  
Definition Of ◽  
The Right

This chapter begins with a definition of ‘breach of contract’ and then outlines the circumstances in which a breach of contract gives to the innocent party a right to terminate further performance of the contract. These include breach of a condition and breach of an intermediate term where the consequences of the breach are sufficiently serious. The chapter also considers the problems that can arise in deciding the status of a term which has not been classified by the parties as a condition, a warranty, or an intermediate term. It examines termination clauses and the significance attached to the good faith of the party who is alleged to have repudiated the contract. The chapter includes a brief comparison of English law with the Vienna Convention and with the Principles of European Contract Law, and also addresses the question of whether an innocent party is obligated to exercise its right to terminate further performance of the contract, and considers the loss of the right to terminate. It concludes with a discussion of the law of anticipatory breach of contract.

Übergänge – Ornamente und Diagramme zwischen Text, Buchstabe und Bild in Handschriften des Frühmittelalters

2017 ◽  
Vol 22 (2) ◽  
pp. 408-430 ◽  
Author(s):  
Patrizia Carmassi
Keyword(s):  
Middle Ages ◽  
Late Antiquity ◽  
Early Middle Ages ◽  
Martianus Capella ◽  
Definition Of ◽  
Manuscript Page ◽  
Graphic Elements

AbstractStarting from the concept and definition of littera in the Grammar treatises of the Late Antiquity and the Early Middle Ages, the contribution analyzes common graphic elements which were used by the scribes to create initials, ornamental patterns and the layout of the manuscript page. These elements and their functions were partly described in encyclopaedic works, e. g. of Isidor of Sevilla and Martianus Capella in the chapters about Geometry. Not only were these features well known through the study of the Artes, they also represented useful tools for the invention and production of medieval diagrams.

ARCHITECTURE AND CHURCH POWER IN LATE ANTIQUITY: CANOSA AND SAN GIUSTO (APULIA)

2006 ◽  
Vol 3 (2) ◽  
pp. 131-168
Author(s):  
Giuliano Volpe
Keyword(s):  
Middle Ages ◽  
Late Antiquity ◽  
Transitional Period ◽  
Early Middle Ages ◽  
Rural Landscapes ◽  
Early Christian ◽  
Definition Of ◽  
The City ◽  
The Church

Two Early Christian complexes will be presented here: one urban (San Pietro in Canosa), and one rural (San Giusto in the territory of Lucera). Both cases represent clear evidence of the Christianising policy promoted by the Church in the cities and countryside, especially during the 5th and 6th centuries A.D., which led to a new definition of urban and rural landscapes. The Early Christian complex of San Pietro in Canosa—the most important city in Apulia et Calabria in Late Antiquity—and the Early Christian complex of San Giusto, most likely the seat of a rural diocese, are notable expressions of ecclesiastical power in the city and the countryside during the transitional period between Late Antiquity and the Early Middle Ages.

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