scholarly journals L.N. Tolstoy's Principle of “Non-Resistance to Evil by Violence” in the Context of Russian Religious Philosophy of the Late XIX - Early XX Century

2020 ◽  
Vol 24 (2) ◽  
pp. 165-180
Author(s):  
I. I. Evlampiev ◽  
I. Yu. Matveeva
Keyword(s):  
Human Life ◽  
Moral Sense ◽  
Religious Philosophy ◽  
Divine Life ◽  
The Absolute ◽  
The Law ◽  
Religious Meaning ◽  
Moral Meaning ◽  
Mystical Transformation ◽  
Good Deeds

The article discusses how the meaning of the principle of “non-resistance to evil by violence” was changing in L.N. Tolstoy's religious and philosophical teachings and how this principle was evaluated in Russian religious philosophy of the late XIX - early XX century. In the first version of Tolstoy’s teachings, set forth in the book “What is my faith?”, the principle of non-resistance was understood in a moral sense, as the norm for all people; its execution should lead to the perfection of earthly life. This idea of L. Tolstoy was sharply criticised by his contemporaries, who noted that there was no truly religious content in Tolstoy’s teachings, it was turning into a utilitarian doctrine of the earthly progress of mankind. Given this criticism, Tolstoy in his later works changed his understanding of the principle of non-resistance. Drawing a distinction between two levels of human life - “animal” and divine, Tolstoy recognised the principle of non-resistance to the law as the divine life of a man. As a result, the principle of non-resistance has acquired a religious rather than moral meaning, since the transition of a man to a divine life means a mystical transformation of his being. He is aware of his super-spatial and super-temporary unity with all people and with all being, and therefore can evaluate the consequences of his actions not only in the limited sphere of his life, but also in all infinite being. In this regard, a person realizes the absolute superiority of good deeds over evil, even if the latter are committed to confront evil. It is shown that some critics of Tolstoy came to a similar understanding of the religious meaning of the principle of non-resistance at the end of their lives (N.A. Berdyaev, L.P. Karsavin).

نظام التوثيق وأثره في إدارة الأصول الوقفية في دولة الإمارات العربية المتحدة: نماذج من إمارة الشارقة (Documentation System and its Impact on Endowment Managements in United Arabic Emirates: The Study of Emirate of Sharjah)

2019 ◽  
Vol 16 (2) ◽  
pp. 166-193
Author(s):  
مها بنت منصور الصائغ
Keyword(s):  
Human Life ◽  
Documentation System ◽  
The People ◽  
Endowment Management ◽  
Long Time ◽  
History Of ◽  
The Law

شهد تاريخ الأمة الإسلامية حضارة ونهضة عالمية في جميع مجالات الحياة الإنسانية، ومما كان له كبير الأثر في ذلك هو الأوقاف التي بدأت مع سيد البشرية محمد صلى الله عليه وسلم واستمرت بتنوع وشمولية إلى عصرنا الحالي؛ ولكن ما تعرضت إليه الأوقاف من إهمال وإقصاء وضياع يرجع لأسباب عديدة من أهمها غياب التوثيق الوقفي. تقوم الدراسة على تتبع مفهوم الوقف والتوثيق، والوقف في الإمارات العربية المتحدة ول سيما في إمارة الشارقة. توصلت الدراسة إلى نتائج منها: أن الأوقاف قائمة منذ زمن بعيد، وأن رغبة الواقف بالوقف وإقدامه عليها لم ينقصها سوى وثيقة، وأنه لا وثائق لها ولا مستندات، كما أن العرض الموجز لنشأة دائرة الأوقاف بالشارقة وسعيها لإحياء سنة الوقف ونشر ثقافته نراه يتضح شيئاً فشيئاً من خلال تفعيل مواد القانون والبحث حول الأنسب والأصح لحماية الأوقاف، ولم يكن هذا الاهتمام بالوقف إلا انعكاساً لتوجه الواقفين وتماشياً لرؤية الحكام وامتثالاً لنهج خير الأنام ورغبة في تكافل الأرواح وحباً للسلام. الكلمات المفتاحيّة: الوقف، التوثيق، المقارنة، الشارقة. Abstract The history of Islamic nation has witnessed a global civilization and it has had a great impact in all areas of human life, including the endowments that began with the master of humankind; Muhammad S.A.W. and it was continuing in diversity and comprehensively until our epoch. However, there are some problems related to endowment management such as negligence, exclusion and loss that due to many reasons. Among the most important reasons is the absence of endowment documentations. Therefore, the study aims to discuss the concept of endowment and documentation, as well as the endowment in United Arabic Emirates, especially in the Emirate of Sharjah. The study concluded that the practice of endowment has been existed for a long time, yet there are in need of endowment documentations. This study also found that the information related to the establishment of institution of endowment in Sharjah and its role has   spread widely to the people through the enforcement of the law and the implementation of the research related to the practice of endowment in order to sustain them in a good way. This documentation system was only a reflection of what has  stated in Shariah laws regarding the practice of endowment among the donors, so that it will be in line with the approach of good intentions and love of peace. Keywords: Endowment, Documentation, Comparison, Sharjah.   

scholarly journals Creation of Technical Conditions for Use or Infringement – The Meanders of the Warehouse Keeper’s Liability in Light of CJEU Judgment C-567/18 Coty Germany

2021 ◽  
Vol 52 (3) ◽  
pp. 265-282
Author(s):  
Krystyna Szczepanowska-Kozłowska
Keyword(s):  
Property Rights ◽  
Point Of View ◽  
Literal Meaning ◽  
Property Right ◽  
Third Party ◽  
Property Law ◽  
Industrial Property ◽  
The Absolute ◽  
The Law ◽  
Trademark Use

AbstractOne form of industrial property right infringement is stocking for the purpose of offering or marketing. This form of infringement appears both in EU legal acts on trademarks or designs, as well as in national regulations, including those concerning patents. What is specific to stocking when compared to other activities comprising the stipulated exclusivity of the holder of industrial property rights is the fact that the literal meaning of “stocking” does not explain whether the infringing party or the warehouse keeper is the entity that places the goods in storage. The structure of industrial property rights as absolute rights would theoretically permit the view that the law is violated by both the entity that accepts the goods for storage and the entity that places such goods in storage. To determine if there is an infringement, it must be established what the goods being stocked are further intended for. It is not without significance that the finding of an infringement of industrial property rights does not depend on fault or awareness. From the point of view of the industrial property law regime, it is difficult to find arguments against this understanding of infringement by stocking. Since the offeror of goods infringing industrial property rights may be held liable even if the goods have not yet been manufactured, it is conceivable that the entity accepting such goods for stocking is also liable. This interpretation of the concept of stocking would certainly correspond to the absolute nature of liability for infringement.In a recent judgment the CJEU confirmed that the warehouse keeper who, on behalf of a third party, stores goods which infringe trademark rights only creates the technical conditions for trademark use by this third party provided that the warehouse keeper is not aware of that infringement. The CJEU also confirmed that only the person who decides about the purpose of storing the goods can be treated as an infringer. However, the CJEU did not respond to the question regarding whether the warehouse keeper could be treated as an infringer if it pursues the aims of storing the goods at the request of the entity that put the goods into storage.

Under and beyond the Law: Monarchy, Violence, and History in Thailand

2021 ◽  
Vol 49 (3) ◽  
pp. 311-336
Author(s):  
Tyrell Haberkorn
Keyword(s):  
The Absolute ◽  
The Law

Since the end of the absolute monarchy in Thailand on June 24, 1932, the rulers and the ruled have been locked into struggle, often violent, over what form the polity and the people’s participation in it should take. This essay examines this struggle, the imagination of justice, and the inability to consolidate democracy, or even a stable government, through the lens of the monarchy, which has remained beyond accountability. Violence committed to preserve the monarchy forecloses democracy and fosters a form of what can be called modern absolutist monarchy, when some lives are visibly placed beyond the law’s protection from violence and others are made dispensable by being made subject to repressive enforcement of the law. The emergence in 2020 of a daring challenge to the position of the monarchy beyond the law refracts both the dangers it poses to democracy and the urgency of imagining a new Thai polity.

Prinsip-Prinsip Kepemilikan Harta Dalam Islam

2018 ◽  
Vol 1 (1) ◽  
pp. 117-131
Author(s):  
Lukman Hamdani
Keyword(s):  
Human Life ◽  
The Real ◽  
The World ◽  
Rich People ◽  
The Absolute

Property is one of the most important instruments in this life, because wealth is as a support  for the continuity  of human life, in Islam it is always emphasized the importance of independence in owning property  through  work or business, because Allah really loves his servant who is always giving  alms with  his own property.  Allah Almighty really likes hard workers or people who are persistent in seeking treasure for the sake of the afterlife, even Allah SWT  emphasizes in  Surah at-taubah  father 10. And Say: "Work  for you, Then Allah and His Messenger and the believers  will see your work, and you will be returned to (Allah) who knows the unseen and the real, then He tells you what you have done. Even the  Companions of the Messenger  of  Allāh  adalah were rich people  who possessed  wealth  for  the progress and development of Islam  at the time, a  very real example was the Friends of Abu Bakr, Abdurrah bin ʻAuf, Uthman ibn Affan and the Wife of the Messenger of Allāh adalah was a great entrepreneur, Siti Khadijah. They are friends looking  for wealth and have it as much as possible then after that they distribute their wealth through ZISWAF, it is obligatory and must for Muslims  to seek / have property  for the benefit of the world and the hereafter and the interests of Muslims and provision  in  the hereafter Can be concluded that ownership of property in Islam  it is very important because it is a means of sustaining life and as a place to find savings  for ukhrawi life  later,  because indeed ownership of property in Islam  is  not only focused  on worldly matters, but there are  two elements  that are always included,  namely for  worldly  and spiritual interests. It  should be underlined in the ownership of the property  that the principle  must be instilled that this property has the absolute God Almighty, we are only temporarily entrusted, therefore it is not beautiful to not distribute the assets we have to people in need through ZISWAF instruments.  

scholarly journals Misconception on the Authority Abuse of Power in the Law Enforcement against Corruption

2017 ◽  
Vol 13 (9) ◽  
pp. 51
Author(s):  
Sadjijono Sadjijono ◽  
Bagus Teguh Santoso
Keyword(s):  
Law Enforcement ◽  
Good Governance ◽  
Government Officials ◽  
Legal Concept ◽  
Abuse Of Power ◽  
Government Administration ◽  
The Absolute ◽  
The Law ◽  
The Government ◽  
Administrative Jurisdiction

Law No. 30/ 2014 on Government Administration brings the strength and the averment on the performance of the governmental functions which include executive, legislative, and juridical in order to provide the public services (bestuurzorg). Such regulation also aims to prevent and to eliminate any kinds of the maladministration done by the government officials/organs in implementing their functions so that good governance can be realized. In implementing their function, the government should rely on the useful performance (doelmatigheid) and the effectiveness (doeltreffenhgeid) according to the norms of each authority. It is a sophism when the ‘authority’ and/or the ‘competence’ mentioned under the Law No. 30/ 2014 on Government Administration are defined differently in the letterlijk gramatikal wet without associating those terms with an understanding of bevoegheid in an administrative legal concept. An idea that distinctively defines the term ‘competence’ as a right and ‘authority’ as a power is considered as an inconsistent idea, which may cause dualism and distortion in the common law enforcement reffering to the administrative law, particularly related to the concept of the authority abuse of power mentioned under the Law No. 31/ 1999 amended by the Law No. 20/ 2001 on deeds against corruption. As the result, when the notion of ‘authority abuse of power’ is defined as a right (as mentioned in article 1, subsection 5 jo. article 17, Law No. 30/ 2014 on Government Administration), it will be characterized into the absolute competence of the administrative jurisdiction, and when the notion of ‘authority abuse of power’ is defined as a power (as mentioned in article 3, Law No. 31/ 1999 on deeds against corruption), it will be characterized into the absolute competence of the corruption-act jurisdiction. Meanwhile, implementing the government’s ‘competence’ and/or ‘authority’ is characterized into one concept based on the norms of the authority power.

On the Proportion of Marriages at different Ages of the Sexes

1858 ◽  
Vol 7 (4) ◽  
pp. 188-200
Author(s):  
Samuel Brown
Keyword(s):  
Human Life ◽  
Progressive Increase ◽  
Natural Laws ◽  
Different Ages ◽  
Social Statistics ◽  
Moral Qualities ◽  
The Subject ◽  
The Law ◽  
The Difference ◽  
Natural Decay

In a paper which was read before the Institute of Actuaries on the 31st May, 1852, “On the Uniform Action of the Human Will, as exhibited by its Mean Results in Social Statistics,” I drew attention to the remarkable regularity with which marriages are contracted in any country, and the very small limits of difference from the average number which appear from year to year. The observations made by M. Quetelet in Belgium, from 1825 to 1845, showed that the extreme difference in the total number of marriages was little more than half the difference of the extremes in the number of deaths in the same period. Such a conclusion seemed to imply that the subject was worthy of more research. If the law of mortality can be so accurately defined at different ages, that pecuniary interests, amounting to some hundreds of millions sterling, can be valued and adjusted with the greatest nicety, it is reasonable to conclude that the labour of a statistical inquiry into the proportion of marriages at different ages would be rewarded with the discovery of some equally defined law, since the variations from year to year in a given number of facts appear, from a large number of observations, to be even less than in the former case. It is true that, as human life must fail at some time, from the natural decay of the powers of life, every interval of age after man has once attained maturity may be expected, under ordinary circumstances, to show a steady and progressive increase in the liability to disease and death. On the other hand, it may be, argued that marriage is the exercise of the free will of man—that consequently, it does not depend on the age or period of life, but on the arbitrary exertion of those feelings or mental and moral qualities which are not subject to natural laws, or at least not to such laws as we are able to express numerically in the same manner we can the law of mortality in any given population. If we consider, however, marriage as, in one sense, the natural provision for the preservation or increase of the species, and the counteraction to the law of mortality by which the species would perish, we should not be surprised to find that, however imperceptibly to individuals, there is a tendency to obey some unknown law of nature which at the period of maturity would lead to the maximum of marriages, and gradually diminish with age in the same manner as the tendency to disease and death increases with age. The motives and caprices of individuals would only have the same effect on the general results which the different habits of individuals may have in increasing or diminishing the rate of mortality. Accordingly, M. Quetelet, in a comparison of the number of marriages in Belgium for each five years of age after 21, for both sexes, for a period of five years consecutively, showed that the average results in each period scarcely differed at all from year to year. The table is so remarkable, that I have reduced the proportion to 100 of the total marriages in each year, and present it to show the small differences which will then be seen to prevail.

scholarly journals Crueldade consentida – Crítica à razão antropocêntrica

2014 ◽  
Vol 1 (1) ◽  
Author(s):  
Laerte Fernando LEVAI
Keyword(s):  
Teaching Methods ◽  
Human Life ◽  
Human Being ◽  
Environmental Resources ◽  
Animal Life ◽  
Law System ◽  
Scientific Experiments ◽  
The Law ◽  
Animal Violence ◽  
Living Being

Despite the fact that the Brazilian Constitution is against animal violence, protecting<br />the fauna integrity, actually it does not work. However, our law system allows cruel acts and<br />accepts the violence done by those who consider themselves rational and superior. Just watch<br />the evil reality at the streets, public shows (circus) and farms, where the animals suffer and<br />are exploited to their limits. Also watch the pain of the animals that are part of an industrial<br />production, the horror at the slaughter houses and the scientific experiments laboratories. It<br />means that we have a contradiction.<br />Blind and cold, we live in a world that lacks justice. The cycle of the human life is limited<br />to personal ambitions, selfish actions and superfluous pleasures. There’s no space to<br />compassion. Under this anthropocentric view, the nature of the animals is no more important<br />and becomes economic or environmental resources. Our system, by rejecting the essence of<br />each living being, defends the fauna only for the purpose the human interests. The animals<br />are treated like merchandise, resources or consumption goods and the law denies them the<br />right to be sensitive. It must be changed, there can be no more silent before so much oppression.<br />For many centuries the human being has been dominating, torturing, killing and exterminating<br />other species, because of economic, commercial, cultural and gastronomic interests or just<br />sadism. The history shows that our relationship with the animals is marked by fanatism,<br />supersticions, ignorance and indifference. It’s a Ministério Público function, as a social<br />transforming agent, to fight against this situation. We must admit the animals presence in<br />the sphere of the human moralities, allowing them to have rights. The question is not only of<br />the law, but philosophic. It’s primordial that we review our teaching methods, searching for<br />a formula to respect the essence of animal life no matter what it is. Without a doubt, this<br />way is far from the anthropocentrism.

scholarly journals Hiburan: Muzik, Nyanyian, Nasyid Menurut Perspektif Fiqh dan Fatwa

2018 ◽  
Vol 3 (1) ◽  
pp. 83-108
Author(s):  
Lukmanul Hakim Hanafi ◽  
Zulkifli Mohamad Al-Bakri ◽  
Raja Raziff Raja Shaharuddin
Keyword(s):  
Research Method ◽  
Leisure Time ◽  
Human Life ◽  
Young Generation ◽  
Islamic Perspective ◽  
The Law ◽  
Modern Form ◽  
At Home

Nowadays, entertainment has become part of human life especially to the Muslim young generation. Entertainment is a need at any time and anywhere such as while driving, at home or during leisure time. However, there is a different opinion regarding entertainment itself. Some of the views opine that it is forbidden either through media or any other medium, and there is also an opinion saying that it is only permissible by medium of nasyid. This article intends to explain and discuss the law or ‘hukm’ of media entertainment either by way of hearing the music, song, nasyid or by manner of singing from fiqh and fatwa perspectives. Documentary research method will be adopted in the study and gathering of information on views from the Islamic perspective with regards to this issue. Outcome of research asserts that Islam does not object to music whether in the traditional or modern form as long as it does not transgress with the teachings of Islam. The Fuqaha opine that entertainment is permissible in Islam in so far as it does not contain elements of neglect, badness or forbidden by Islam. Keywords: Entertainment, music, fatwa, traditional, permissible. Abstrak Mutakhir kini, hiburan merupakan sebahagian daripada kehidupan manusia, terutamanya umat Islam daripada golongan muda. Di mana jua berada sama ada ketika memandu, di rumah atau ketika waktu lapang pasti hiburan menjadi teman lapangan. Namun begitu, persoalan yang timbul adalah berkaitan dengan hiburan sendiri, terdapat pendapat mengatakan ia haram tidak kira sama ada berhibur melalui media mahupun sebaliknya, dan terdapat juga pendapat mengatakan ianya harus jika berhibur dengan irama nasyid sahaja. Artikel ini bertujuan menjelaskan dan membincangkan hukum berhibur melalui media sama ada dengan cara mendengar muzik, lagu, nasyid dan menyanyi dari pandangan fiqh dan fatwa. Metodologi analisa dokumen digunakan bagi meneliti dan memperolehi maklumat berkaitan pandangan Islam akan isu ini. Dapatan kajian mendapati Islam tidak menghalang sesuatu seni muzik sama ada tradisional atau moden selagi mana ia tidak bercanggah dengan syariat Islam. Fuqaha berpandangan bahawa hiburan dalam Islam adalah harus hukumnya melainkan hiburan itu jelas mendatangkan kelalaian dan keburukan ataupun wujudnya unsur-unsur yang haram dalamnya maka jadilah ia haram. Kata kunci: Hiburan, muzik, fatwa, tradisional, harus.

scholarly journals Instances of belief in fate in South India

1967 ◽  
Vol 2 ◽  
pp. 118-125
Author(s):  
Carl Diehl
Keyword(s):  
South India ◽  
Popular Belief ◽  
Good Fortune ◽  
The Poor ◽  
The Law ◽  
The Rich ◽  
Present Life ◽  
Good Deeds

Man's life is predetermined by Karma. The deeds of an earlier existence bear their fruits in the present life. That is why the poor man is poor and the rich is happy with his wealth and good fortune. One man is born a brahman and another spends his days as a pariah. The law of Karma has spread in the wake of Buddhism all over the Indian continent and far beyond, whereas its complement and presupposition Samsara for the most part appears as an intellectual conception with little foundation in popular belief. But Karma is not blind. On the contrary it is absolutely just, and for that very reason inescapable. This is, however, modified in so far as good deeds are both possible and profitable. The fatal consequences of the Karma of previous births end with this span of existence. Life hereafter will depend on the fruits of accumulated Karma here and now.

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