scholarly journals QAWĀ’ID DAF’ TAZĀHUM AL-WĀJIBĀT WA TATBĪQĀTUHĀ

2021 ◽  
Vol 5 (2) ◽  
pp. 235-256
Author(s):  
Salih Q. Karim Al-Zanki ◽  
Fatima Tariq Mohamed Saad Khadir
Keyword(s):  
Analytical Approach ◽  
Crowding Out ◽  
Inductive Approach ◽  
Legitimate Interests ◽  
The Subject

Duties are legitimate interests, and the principle in interests is to do them all or to do extra more unless this is not possible. The Mukallaf may have more than one Islamic duty to perform, while he may not be able to perform them all. What can he do in this situation? What depiction of the issue of crowding-out of duties? and how did the scholars tackle the issue of overcrowding of duties? There were many previous studies that discussed the subject of the jurisprudence of priorities relating to our study question, but it does not discuss it in detail, analysis, and representation. The study adopted the analytical approach through the study of the Islamic texts, independent reasoning, and fatwas related to the study, and the inductive approach by researching the Islamic texts, evidence, and the branches of Jurisprudence, and drawing rules from them. The study concluded the results that there are rules that help the Mukallaf to pay the competition between the duties, by providing the highest, the strongest, and the first in order to prioritize the most important duty to what is below it whenever there is an accumulation of duties.

scholarly journals Scope of Green Financing Instruments to Achieve Sustainable Development

2020 ◽  
Author(s):  
International Journal of Fiqh and Usul al-Fiqh Studies
Keyword(s):  
Sustainable Development ◽  
Analytical Approach ◽  
Inductive Approach ◽  
The Subject

This paper addresses the issue of achieving sustainable development through green financing instruments, where it discusses the meaning of green bonds and Sukuk, the steps of their issuance, their dimensions, and characteristics. The paper also examines the provision of Shariah on green bonds and Sukuk and discusses the extent of their capability to achieve sustainable development of society. This study uses the inductive approach to track the opinions of researchers on the subject as well as the analytical approach to analyze those opinions. The study has reached a number of conclusions, the most important of which are: the impermissibility of dealing with green bonds because they are based on riba. Likewise, green Sukuk is also not permissible in Shariah because of the suspicion of riba in it, as it is recovered at nominal value, and these financing instruments do not contribute to the achievement of sustainable development to the highest degree as expected.

scholarly journals أثر التّكامل المعرفيّ بين العلوم في بناء القدرات العقليّة وتنميتها

2020 ◽  
Vol 33 (2) ◽  
pp. 125-144
Author(s):  
Muneer Ali Abdul Rabb ◽  
Baidar Mohammed Mohammed Hasan ◽  
Setiyawan Gunardi ◽  
Mesbahul Hoque
Keyword(s):  
Capacity Building ◽  
Analytical Approach ◽  
Mental Capacity ◽  
Educational Institutions ◽  
Clear Correlation ◽  
Cognitive Integration ◽  
Modern Material ◽  
Qualified Teachers ◽  
Inductive Approach ◽  
The Subject

The combination of the revealed Sciences (religious) that are related to Islam and Shari’ah and the conventional or secular sciences is of great importance. One of the reasons for the weakness of the Islamic Ummah in civilization at this time is the separation of revealed sciences from the secular sciences and the scourge of mental immobility. Aims and Objectives: As such, this research highlights the cognitive integration between sciences and its impact on mental capacity-building and its development, the linkage of which will undoubtedly have significant impacts. Methodology: To achieve this goal, the researcher will rely on the inductive approach and analytical approach, to extrapolate and collect the texts related to the subject of the research from its sources, analyze and examine them, eventually derive the result. Results and Findings: The research concludes with the following: Islamic heritage combines quantitative and qualitative progression, the modern material civilization in various aspects of knowledge and the various branches of science, that had the scientific lead in various arts. There is a clear correlation between the transmission and mental sciences, which link each other. The integration of science is aimed at easing the state of the reference dispersion in which contemporary Islamic realities live. The integration of the transmitted and psychological sciences in educational institutions is instrumental in the graduation of qualified teachers, scientists, and researchers, enabling them to deal with the developments of reality.

The Dynamics of TAT Process

2014 ◽  
Vol 35 (2) ◽  
pp. 103-133 ◽  
Author(s):  
Benoît Verdon ◽  
Catherine Chabert ◽  
Catherine Azoulay ◽  
Michèle Emmanuelli ◽  
Françoise Neau ◽  
...  
Keyword(s):  
Defense Mechanisms ◽  
Analytical Approach ◽  
Therapeutic Process ◽  
Practice Research ◽  
Rorschach Test ◽  
Mental Functioning ◽  
Projective Tests ◽  
The Subject ◽  
Latent Content ◽  
Rigorous Method

After many years of clinical practice, research and the teaching of projective tests, Shentoub and her colleagues (Debray, Brelet, Chabert & al.) put forward an original and rigorous method of analysis and interpretation of the TAT protocols in terms of psychoanalysis and clinical psychopathology. They developed the TAT process theory in order to understand how the subject builds a narrative. Our article will emphasize the source of the analytical approach developed by V. Shentoub in the 1950s to current research; the necessity of marking the boundary between the manifest and latent content in the cards; the procedure for analyzing the narrative, supported by an analysis sheet for understanding the stories' structure and identifying the defense mechanisms; and how developing hypotheses about how the mental functions are organized, as well as their potential psychopathological characteristics; and the formulation of a diagnosis in psychodynamic terms. In conjunction with the analysis and interpretation of the Rorschach test, this approach allows us to develop an overview of the subject's mental functioning, taking into account both the psychopathological elements that may threaten the subject and the potential for a therapeutic process. We will illustrate this by comparing neurotic, borderline, and psychotic personalities.

دية القتل الخطأ في الحوادث المرورية في الفقه الإسلامي: دراسة مقارنة Blood Money for Unintended Manslaughter in Traffic Accidents in Islamic Jurisprudence: A Comparative Study

2015 ◽  
Vol 12 (1) ◽  
pp. 1-29
Author(s):  
عارف علي عارف القره داغي ◽  
فايزة بنت إسماعيل ◽  
ئاوات محمد آغا بابا
Keyword(s):  
Comparative Study ◽  
Mutual Fund ◽  
Traffic Accidents ◽  
Comparative Method ◽  
Inductive Approach ◽  
Legal Provisions ◽  
Islamic Jurisprudence ◽  
The Subject ◽  
Blood Money ◽  
Major Factors

الملخّصيتعلق هذا البحث بموضوع دية القتل الخطأ في الحوادث المرورية في الفقه الإسلامي في العصر الحاضر لكثرة وقوعها وحاجة الناس إلى بيان أحكامها من حيث كيفية تقديرها. وتحرير الخلاف في دية المرأة، ومسألة دية الجنين في حال تعرضه للموت في بطن أمه نتيجة الحادث المروري، أو في حالة تعرضه للإجهاض والموت، وتناول أيضًا دية شخصين إذا ماتا نتيجة اصطدام سيارتين؛ فكيف تقدَّر الدِّية؟ وعالج البحث مسألة العاقلة في الوقت الحاضر التي تساعد الطرفين (الجاني والمجني عليه وذلك بجمع الدية وإعطائها للمجني عليه). وذلك من خلال استخدام المنهج الاستقرائي والمنهج المقارن: حيث يتم من خلاله جمع النصوص المتعلقة بالموضوع، وآراء العلماء المتقدمين، والمعاصرين، والمقارنة بينهما لمعرفة نقاط الاتفاق والاختلاف، لتجلية معالم الموضوع، وتسهيل مناقشتها بصورة دقيقة، ثم بيان الرأي الراجح. وقد توصلت الدراسة إلى أنَّ دية القتل في الحوادث المرورية في العصر الحاضر تساوي بالدينار الذهبي، الذي يساوي 4.250 جرامًا من الذهب، أو بما يساويها من النقد. وأنَّ الراجح هو تساوي دية الرجل مع دية المرأة. وفي حالة عدم وجود العاقلة لابأس من إنشاء شركة تعاونية لمساعدة من وقع منه الحادث.الكلمات المفتاحية: الدِّية، حوادث المرور، دية المرأة، دية الجنين، العاقلة. Abstract         This research addresses the subject of blood money for unintended manslaughter in traffic accidents according to Islamic jurisprudence in the present era due to the frequency of their occurrence and the need for people to understand the legal provisions concerning determining the amount. In this regard, we seek to clarify the disagreements regarding the blood money for women and foetuses that die in the mother’s womb as a result of traffic accidents or abortion. We also address the issue of blood money for two people who die as a result of collision between two cars. We also examine the issue of ʿĀqilah (those who pay the blood money) who helped the two parties (the offender and the victim by collecting blood money and giving it to the victim). To clarify these issues, we use the inductive approach and comparative method wherein we collect the various texts on the subject, and the views of classical and contemporary scholars to engage in a comparison between them in order to identify the points of agreement and disagreement between views. From here, we also hope to identify the major factors pertaining to such issues in order to facilitate a precise and concrete discussion to arrive at the most correct opinion. The study found that blood money for manslaughter in traffic accidents in the present era is equal to a gold dinar, which is equal to 4.250 grams of gold, or its cash equivalent. We advocate that the correct view is that the amount of blood money paid to a man is equal to that of a woman, and that in the absence of an ʿĀqilah it is possible to form a cooperative or mutual fund to render assistance to the victim.Keywords: blood money, traffic accidents, women, foetus, ʿĀqilah.

The Prosecutor in Arbitration: A Historical Perspective

2021 ◽  
Author(s):  
E.V. Kolesnikov ◽  
Keyword(s):  
Economic Activity ◽  
Present Stage ◽  
Society Business ◽  
Economic Relations ◽  
Legal Norms ◽  
Stage Of Development ◽  
Legitimate Interests ◽  
The Subject ◽  
Business Entities ◽  
Degree Of Participation

The subject of the study is a retrospective of the legal norms formation. Under these norms the prosecutor will be able to govern the issues of ensuring the legitimate interests of the state, society, business entities and the rights of citizens in resolving disputes in the field of economic activity. Chronological framework of research includes the period from the establishment of prosecutor's office in 1722 up to the collapse of USSR in 1991. The relevant legislation is analyzed. The author examines the scope of prosecutor powers in this sphere at different stages of formation and development of prosecution, and reveals the problems of determining the prosecutor's office place in the system of existing at that time bodies of state power. It is concluded that the prosecution authorities, since their creation in Russia and up to the present stage of development, taking a greater or lesser degree of participation in the resolution of disputes in the sphere of economic activity, played a significant role in the protection of exclusively state interests. The interests of society, business entities and citizens in the sphere of economic activity if there is a dispute were considered only through the prism of such interests. The hierarchy of interests of participants of economic activity in dispute resolution was unbalanced and built without taking into account the interests of all participants of economic relations.

scholarly journals Subjects of the Right to Appeal to the Court in Cases of Recognition of Inheritance as Escheat

2021 ◽  
pp. 70-94
Author(s):  
Nadiia BONDARENKO-ZELINSKA ◽  
Maryna BORYSLAVSKA ◽  
Oksana TRACH
Keyword(s):  
Human Rights ◽  
The Public ◽  
Scientific Analysis ◽  
The Status ◽  
Land User ◽  
Legitimate Interests ◽  
The Subject ◽  
Government Body ◽  
The Right ◽  
Do So

The article explores certain problems of law enforcement practice in recognizing inheritance as escheat. The subject of scientific analysis is the subject composition of these procedural relations. Applicants in this category of cases can be conditionally divided into two groups: 1) persons obliged to submit an application to the court for recognition of the inheritance as escheat, and 2) persons who have the right to do so. The persons who are obliged to apply to the court for recognition of the inheritance as escheat are territorial communities. On the basis of an analysis of the legislation, it was established that in the case where a united territorial community was formed in a certain territory, it is authorized to apply to the court for recognition of the inheritance as escheat. On behalf of the local self-government body as a representative of the territorial community (united territorial community), a lawsuit may be initiated to recognize the inheritance as escheat: 1)by its headman or 2) another person authorized to do so according to the law, statute, regulation, employment contract. That is, there can be both self-representation and representation on the basis of a special assignment. It received additional justification for the ability of the prosecutor’s office to submit an application for recognition of the inheritance as escheat in the absence of a territorial community. In such a case, the public prosecutor's office shall represent the legitimate interests of the State in court, in accordance with article 56 of the Code of Criminal Procedure, as a body or person entitled to defend the rights, freedoms and interests of others (human rights defender). The possibility of participating not only as an applicant but also as a human rights defender is justified. The possibility of self-representation of local self-governments in cases of recognition of inheritance as escheat by a headman is proposed. It is further argued that such a possibility should be provided for in the Headman’s Regulations, which are approved by the relevant local councils. The peculiarities of initiation of production by subjects for whom the application to the court for recognition of the inheritance as escheat is a right, not an obligation (creditors of the testator, owners and/or users of adjacent land plots) are analyzed. If an applicant in cases of recognition of the inheritance as escheat is a creditor, documents confirming the existing obligations in relation to the debtor-testator should be attached to the application. Recommendations are made on a list of documents that can confirm the status of an applicant-related land user to apply to the court for recognition of the inheritance as escheat. It is proposed to amend Art. 335 CPC of Ukraine on the necessity to provide the originals of written evidence together with a statement on the recognition of the inheritance as escheat. The role of a notary in cases of recognition of inheritance as escheat has been investigated. It is proposed to provide in the legislation the right of a notary to submit to the court an application for recognition of the inheritance as escheat. It is proposed to improve the way of informing the public about the discovery of an inheritance that has no heirs.

scholarly journals INTERNATIONAL AND NATIONAL LEGAL GUARANTEES FOR INVESTMENT ACTIVITIES IN UZBEKISTAN

THE BULLETIN ◽  
2021 ◽  
Vol 389 (1) ◽  
pp. 252-259
Author(s):  
N. Kh.-A. Rakhmonkulova
Keyword(s):  
Investment Activity ◽  
Foreign Investors ◽  
Bilateral Agreements ◽  
Legitimate Interests ◽  
The Subject ◽  
The Republic ◽  
Legal Mechanism ◽  
Constituent Elements ◽  
First Time ◽  
Comprehensive Study

The article analyzes international and national guarantee investment activities on the territory of the Republic of Uzbekistan and discusses the issues of the implementation of the rights and legitimate interests of foreign investors using legal guarantee obligations in the national legislation of Uzbekistan. The aim of the study is to study the international mechanism for guaranteeing the repatriation of foreign investors, a comprehensive analysis of the most important international legal mechanisms in this area. The scientific novelty of the research is determined by the fact that the raised problem became for the first time the subject of a special comprehensive study. The author carries out research based on a significant number of international legal acts in the field of international legal guarantees for investment activities, constituent documents of intergovernmental organizations-subjects of international law, conducts a comparative analysis of various aspects of guarantees for investment activities. The novelty of the article is also enhanced by the fact that the author studies in detail the problems of correlation between the international legal and national legal mechanisms for guaranteeing investment activity. In the article, based on the analysis of international legal material, for the first time are investigated: - the international legal mechanism for guaranteeing investment activities, its constituent elements; the operation of multilateral and bilateral agreements in this area; -national legal mechanism for guaranteeing investment activities; To achieve this goal, taking into account the designated subject of research, the following results were obtained in the work: • International legal guarantees have been studied and a legal description to them has been given; • The main aspects of interaction between the international and national legal mechanism for guaranteeing investment activity have been identified;

scholarly journals Sabot Front Borerider Stiffness vs. Dispersion: Finding the Knee in the Curve

2001 ◽  
Vol 8 (3-4) ◽  
pp. 193-201 ◽  
Author(s):  
Alan F. Hathaway ◽  
John R. Burnett Jr.
Keyword(s):  
Dispersion Curve ◽  
Analytical Approach ◽  
Design Consideration ◽  
Dispersion Characteristics ◽  
Radial Stiffness ◽  
The Subject ◽  
Important Design

In the design of armor piercing, fin-stabilized, discarding sabot projectiles, the radial stiffness of the sabot front borerider has a significant impact on the projectile's dispersion and is, therefore, an important design consideration. Whether designing a new projectile or trying to improve an existing design, projectile designers can achieve front borerider stiffness without understanding its affect on dispersion characteristics. There is a knee in the stiffness vs. dispersion curve at which a change in the sabot front borerider stiffness will have a significant impact on dispersion or no impact at all depending on whether the stiffness is increased or decreased. The subject of this paper is an analytical approach to quantitatively determine the knee in the curve. Results from using this approach on the M865 APFSDS projectile are also presented.

The “Fatality” Motif – a Defining Element in the Musical Dramaturgy of the Opera Carmen by Georges Bizet

2021 ◽  
Vol 66 (2) ◽  
pp. 297-308
Author(s):  
Adela Bihari
Keyword(s):  
Analytical Approach ◽  
Main Character ◽  
Georges Bizet ◽  
The Subject

"The subject of this study deals with the presence of the “fatality” motif in the musical dramaturgy of Bizet’s opera Carmen. A musical portrait of the main character, it defines from the very beginning her tragic destiny. The present analytical approach identifies all the insertions of this musical motif along the development of the dramatic plot, in an intrinsic relationship with the text. Keywords: Bizet, Carmen, opera, fatality, musical dramaturgy "

FUNDAMENTALS OF THE THEORY OF PRE-CONTRACTUAL LIABILITY

2021 ◽  
pp. 148-161
Author(s):  
Alesya V. Demkina ◽  
Keyword(s):  
Russian Federation ◽  
Civil Code ◽  
Negotiation Process ◽  
Point Of View ◽  
Good Faith ◽  
The Other ◽  
Legitimate Interests ◽  
The Subject ◽  
The Russian Federation ◽  
Special Rules

The article deals with the relatively new rules of Art. 434.1 the Civil Code of the Russian Federation on the conduct of negotiations. Taking into account the current wording of the said rule and the experience of foreign legislation on pre-contractual liability, the article argues for different theories justifying the nature of pre-contractual legal relations and liability and gives different positions of the authors on this issue. Proceeding from the doctrinal concept of obligation and characteristics of pre-contractual relations themselves the conclusion is made that these relations, firstly, are regulated by law and, secondly, they are not simply a legal relation but an obligation. It is based on certain actions of the negotiating partners that give rise to such an obliga-tion. As such, any action that is sufficiently certain (in some cases it may be required by law) and expresses the intention of the person to regard himself as negotiating with the addressee, who will in return perform the same sufficiently certain action, can be regarded as such. The specified characteristics of an action allow us to conclude that, from the point of view of classification of legal facts, this action is an act (because it is performed with a certain in-tention evident to other participants of civil turnover) and, moreover, it is also a transaction. Special rules of the Civil Code of the Russian Federation stipulate that the actions performed to enter into negotiations (for example, if the conclusion of a contract is binding on one party) or the actions of both partners entail legal consequences - the obligation to negotiate in good faith. The analysis of these legal relationships identifies three stages in their development, charac-terises them and attempts to answer more precisely the question of who can be a participant in the negotiation process depending on the stage of the negotiation process. The subject matter of an obligation arising during pre-contractual contacts will be actions aimed at negotiating and concluding a contract. The content of the obligation arising in the course of pre-contractual contacts, based on Art. 434.1 of the Civil Code will be the obligation to negotiate in good faith (paragraph 2 of the above rule). Assuming that the legislator provides an indicative list of actions that should fall within the scope of bad faith conduct, an indicative list of the "standard" of good faith conduct at the negotiation stage is given. This includes the obligation to provide full and truthful information to a party, including the reporting of circumstances that, due to the nature of the contract, must be brought to the attention of the other party (e.g. in a sale, all encumbrances on the subject of the contract must be reported). In addition, persons are obliged to negotiate only if they intend to conclude a contract, not to terminate negotiations suddenly and unjustifiably, and to take into account the rights and legitimate interests of the other party to the negotiation. The obligation under this obligation may also include a requirement not to disclose infor-mation obtained during the negotiation of the contract.

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