scholarly journals “Manṭiqat al-Firāq”; A Shīʽī Economic Theory

2019 ◽  
Vol 6 (3) ◽  
pp. 61
Author(s):  
Ali Hasannia
Keyword(s):  
Economic Theory ◽  
Islamic State ◽  
Law And Order ◽  
Islamic School ◽  
Legal Statement ◽  
The Law

“Manṭiqat al-Firāq”, a Shiite economic theory, points to an area in religion without a biding legal statement. This theory was presented by S.M.B. al-Ṣadr in his book Our Economy. According to the theory, religion has allowed the Islamic ruler to lay down rules and regulations in certain social matters, taking into account the rules and according to the needs of time. In his book, Ṣadr divides the economic school of Islam into two parts: The part Islam has laid down its laws and rules, and so they are unchangeable. The part Islamic State is responsible to determine the laws and it must lay down the law and order with regard to the needs of time. The latter has been called “Manṭiqat al-Firāq” by him, arguing the Prophet (PBUH) used to perform it as well and made legislations as the ruler of the society (not as the Prophet). In his opinion, this type of Prophet's laws is not permanent and stable in the Islamic school of thought. The present paper aims to review the theory and analyze Islamic scholars’ opinions concerning it. There are defenses and criticisms about the theory; e.g. some argue this theory expresses appropriate materials for treating both governmental and non-governmental narratives, but does not provide a criterion for separating them from each other. His evidences to prove the theory and his claims of contradictory between the theory and Qur’anic verses and narratives claiming the comprehension of Islam and its decrees, have been also criticized, which here fall at glance and discussion.

scholarly journals The (Non) Economic Properties of the Law

Games ◽  
2021 ◽  
Vol 12 (1) ◽  
pp. 26
Author(s):  
Leo Katz ◽  
Alvaro Sandroni
Keyword(s):  
Economic Theory ◽  
Bounded Rationality ◽  
Budget Constraints ◽  
The Law

This paper shows that the logical properties of constraints imposed by law are fundamentally different from other constraints considered in economics such as budget constraints and bounded rationality constraints, such as the ones based on inattention or shortlisting. This suggests that to fully incorporate law into economics may require a revision of economic theory.

scholarly journals The Importance and Necessity of Paying Attention to Law and Legalism in Social Areas from the Perspective of the Holy Quran

2016 ◽  
Vol 3 (1) ◽  
pp. 1
Author(s):  
Reza Alami ◽  
Farzad Emamian ◽  
Seyed Nima Karimi ◽  
Seyed Sadegh Mousavi Takami ◽  
Mahdi Rezaei
Keyword(s):  
Social Life ◽  
Natural Rights ◽  
Human Society ◽  
Human Beings ◽  
Law And Order ◽  
Holy Quran ◽  
The Holy Quran ◽  
The Law ◽  
Laws And Regulations

<p>Social life is an inevitable necessity for human beings and order, security and justice is required for social life. In this regard, everything that can be effective social life of for human beings should be seriously considered. Law is among these phenomena that people can benefit from social life in its light in addition to benefiting from their natural rights. Therefore, it can be said that the strength and cohesion of any society is paying attention to the law and obeying it. Obviously, this religion in order to convey its purpose should have a plan for them. Therefore, God, as the drafter of this religion sent the Quran to people which is full of solutions and values and a better life for them. In Islam and Quran, the condition of salvation and happiness of a society depends on adherence to God's laws and regulations in all facets and social arenas. The results of this study show that in the shadow of respecting law and order the possibility of planning, implementing and guiding in human society is done. A society can only be lawful by fulfilling God's commandments in Quran.</p>

ḤUDŪDPUNISHMENTS IN THE FOREFRONT: APPLICATION OF ISLAMIC CRIMINAL LAW BY HARAKAT AL-SHABAAB AL-MUJAHIDEEN

2014 ◽  
Vol 29 (2) ◽  
pp. 317-329 ◽  
Author(s):  
Michael Skjelderup
Keyword(s):  
Criminal Law ◽  
Current Practice ◽  
Islamic Law ◽  
State Power ◽  
Muslim World ◽  
Terrorist Group ◽  
Islamic State ◽  
Law And Order ◽  
State Institutions ◽  
Muslim Scholars

AbstractHarakat al-Shabaab al-Mujahideen, usually referred to as al-Shabaab (the youth), is known primarily as a Somali terrorist group. But since the end of 2008, it has functioned as a state power in large parts of Southern and Central Somalia. In this article, I analyze the main legal body of the group: theqāḍīcourt. In order to establish law and order in their territories, al-Shabaab has applied their own version ofsharī'a. The article reveals that al-Shabaab's application of criminal law follows the inherent logic of classical Islamic legal doctrines on several points. However, the al-Shabaab courts tend to overlook many of the strict requirements regarding evidence and procedure that were outlined by the medieval Muslim scholars in order to humanize Islamic law. Therefore, the legal reality of al-Shabaab's regime is far more brutal than that of most other Islamic-inspired regimes in the contemporary Muslim world. Al-Shabaab's practice of Islamic criminal law may be seen not only as a means to exercise control through fear but also as an effective way of filling the vacuum of insecurity and instability that has followed twenty years of violence and the absence of state institutions in its territories. I argue that, in order to understand al-Shabaab's current practice of criminal law, one has to take into consideration the group's jihadi-Salafi affiliation. According to Salafi notions,sharī'ais not only a means to an end, but an end in itself. As such,sharī'a(i.e., God's divine law) is the visual symbol of an Islamic state. Consequently, the application of Islamic criminal law, and especially of theḥudūdpunishments, provides al-Shabaab with political-religious legitimacy.

scholarly journals THE MADINAH CHARTER, NOT A CONSTITUTION OF ISLAMIC STATE

TAWASUT ◽  
2013 ◽  
Vol 1 (1) ◽  
Author(s):  
Ali Romdhoni
Keyword(s):  
Social Security ◽  
Public Participation ◽  
Islamic State ◽  
The Law ◽  
Fundamental Values

This paper will state that Madinah Charter is not a constitutionthat is referred as the model in upholding islamic state. Usingsemiotic method, this paper will conclude that every dictumwithin the Madinah Charter has sort of code of conducts thatfunctions to provide social security within the Madinah societyat that time. Nevertheless, current politics could stillappropriate the fundamental values within the MadinahCharter especially in implementing justice-based governance,equality before the law, open public participation and so forth.Excessive intention of certain Muslim group, including inIndonesia, to uphold khilafah system is not in accordance withthe spirit of the Madinah charter. It is because the khilafah isbased on the monarchical system, which does not involve thepeople within the elections and so on as it is implied from theMadinah Charter.Keywords: the madinah charter, constitution, Islamic stateIntroduction

Bilateral Solutions

2020 ◽  
pp. 23-46
Author(s):  
Pallavi Raghavan
Keyword(s):  
The State ◽  
Law And Order ◽  
State Apparatus ◽  
Boundary Force ◽  
The Law ◽  
Bilateral Mechanism ◽  
Foreign Ministries ◽  
Diplomatic Architecture

In this chapter, I highlight how the administrative response to the immediate fallout of the partition, was determined foremost by how it could be bilaterally handled, rather than being governed by any other consideration—including, for instance, the necessity of bringing immediate relief to the law and order question. I examine how the Partition Council approached the question of setting up the foreign ministries for India and Pakistan in August, 1947, and the importance that was given to having a diplomatic architecture in place that could handle the inter-face between India and Pakistan on issues relating to abducted women, and the Punjab Boundary Force. In many ways, notwithstanding the glaring inadequacies of the state apparatus in being able to contain the violence around partition, what was given importance was the ability to produce a bilateral mechanism to deal with partition’s fallout.

scholarly journals Spain, Catalonia, and the Supposed Authority of the Judiciary

Jus Cogens ◽  
2020 ◽  
Vol 2 (3) ◽  
pp. 259-279
Author(s):  
Maurits Helmich
Keyword(s):  
Political Authority ◽  
Constitutional Court ◽  
Mutual Benefit ◽  
Law And Order ◽  
Spanish Law ◽  
The Law ◽  
Legal Constraints ◽  
Political Units ◽  
Influential Theory

Abstract Normative literature on the Catalan crisis is largely occupied with the conflict’s central legalistic problem: can political units like Catalonia be allowed to split off from Spain unilaterally? This article reframes the issue and asks why secessionist Catalans should ever abide by Spanish legal constraints, given that Spanish law is precisely the institution they are politically trying to get rid of. It focuses on the anti-secessionist role played by the Spanish Constitutional Court between 2010 and 2017 and studies three arguments why Catalans supposedly have to accept the Court’s authority. The article contends that two arguments—the “mutual benefit argument” and the “law and democracy” argument—will not be independently persuasive to Catalan secessionists. Instead, the Constitutional Court’s authority must ultimately be grounded in a different type of argument: the “law and order argument.” Secessionist Catalans’ supposed duty to obey the orders of the Constitutional Court is ultimately not rooted in a positive service provided by the Court, but in the disruptive effects of disobeying. That exposes an explanatory defect in Joseph Raz’s influential theory of authority, which seeks to ground authority exercises in a concept in prior reason or their capacity to make our life better. That conceptualization misses the key decisionistic element to political authority: its capacity to constitute our reasons, that is, to define the terms that give meaning to our evaluations.

The Law-and-Order Society: Towards the ‘Exceptional State’

2013 ◽  
pp. 268-317
Author(s):  
Stuart Hall ◽  
Chas Critcher ◽  
Tony Jefferson ◽  
John Clarke ◽  
Brian Roberts
Keyword(s):  
Law And Order ◽  
The Law

Some Pitfalls of Economic Theory as a Guide to the Law of Competition

1951 ◽  
Vol 37 (8) ◽  
pp. 1083
Author(s):  
David McCord Wright
Keyword(s):  
Economic Theory ◽  
The Law
Sign in / Sign up

Export Citation Format

Share Document