scholarly journals The extent of the legality of marriage with the intention of divorce in the light of Quran and Sunnah: مدى مشروعية الزواج بنية الطلاق في ضوء القرآن والسنة

2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Nouri Abdel Rahman Ibrahim - Mustafa Mohamed Amin Haidar
Keyword(s):  
The Subject ◽  
The Law ◽  
Great Danger ◽  
Social Damage

  It is one of the contemporary jurisprudential issues and issues in which there is a great deal of controversy between the analyst and the mahram. It is the marriage with the intention of divorce, so the scholars say that between permissibility and prohibition, I have tried hard to prove what is in accordance with the law of Allah and the Sunnah of His Prophet Muhammad, peace and blessings be upon him , And then the words and deeds of the Companions in this particular question; because it carries a great danger, and a door of doors that escape the man of the responsibilities of marriage and exploited the subject Muslims who travel to the country of alienation, whether to study or trade, or tourism, and fear falling into Fornication shall be taken from the mouth The dissolution of the marriage with the intention of divorce without regard to the consequences and consequences On that. The Prophet (peace and blessings of Allaah be upon him) said: "No one believes in you until he loves you. " The Prophet (peace and blessings of Allaah be upon him) said: "No one believes in you until he loves you. For his brother what he loves for himself)) In this research was discussed this issue and the views of scientists and discuss the opinion of Majizin and Mnainin individually in detail and then was weighted not permissible such a marriage and the statement of psychological damage to the wife and social damage.

ИЗМЕНЕНИЕ ПАРАДИГМЫ МЕТОДОЛОГИИ ЮРИСПРУДЕНЦИИ

2019 ◽  
Vol 13 ◽  
pp. 32-40
Author(s):  
Ю. М. Оборотов
Keyword(s):  
Legal Theory ◽  
Research Strategy ◽  
The State ◽  
New Paradigm ◽  
Methodological Question ◽  
Modern Development ◽  
Decisive Importance ◽  
The Subject ◽  
Methodological Approaches ◽  
The Law

В современной методологии юриспруденции происходит переход от изучения состо­яний ее объекта, которыми выступают право и государство, к постижению этого объек­та в его изменениях и превращениях. Две подсистемы методологии юриспруденции, подсистема обращенная к состоянию права и государства; и подсистема обращенная к изменениям права и государства, — получают свое отображение в концептуальной форме, методологических подходах, методах, специфических понятиях. Показательны перемены в содержании методологии юриспруденции, где определяю­щее значение имеют методологические подходы, определяющие стратегию исследова­тельских поисков во взаимосвязи юриспруденции с правом и государством. Среди наи­более характерных подходов антропологический, аксиологический, цивилизационный, синергетический и герменевтический — определяют плюралистичность современной методологии и свидетельствуют о становлении новой парадигмы методологии юриспру­денции.   In modern methodology of jurisprudence there is a transition from the study the states of its object to its comprehension in changes and transformations. Hence the two subsystems of methodology of jurisprudence: subsystem facing the states of the law and the state as well as their components and aspects; and subsystem facing the changes of the law and the state in general and their constituents. These subsystems of methodology of jurisprudence receive its reflection in conceptual form, methodological approaches, methods, specific concepts. Methodology of jurisprudence should not be restricted to the methodology of legal theory. In this regard, it is an important methodological question about subject of jurisprudence. It is proposed to consider the subject of jurisprudence as complex, covering both the law and the state in their specificity, interaction and integrity. Indicative changes in the content methodology of jurisprudence are the usage of decisive importance methodological approaches that govern research strategy searches in conjunction with the law and the state. Among the most characteristic of modern development approaches: anthropological, axiological, civilization, synergistic and hermeneutic. Modern methodology of jurisprudence is pluralistic in nature alleging various approaches to the law and the state. Marked approaches allow the formation of a new paradigm methodology of jurisprudence.

Without the Power to Drink or Contract

2020 ◽  
Vol 24 (1) ◽  
pp. 26-48
Author(s):  
Warren Swain
Keyword(s):  
Alcohol Consumption ◽  
Social Activity ◽  
Individual Responsibility ◽  
Roman Law ◽  
Current Position ◽  
Modern Times ◽  
The Will ◽  
The Subject ◽  
The Law ◽  
Over Time

Intoxication as a ground to set aside a contract is not something that has proved to be easy for the law to regulate. This is perhaps not very surprising. Intoxication is a temporary condition of varying degrees of magnitude. Its presence does however raise questions of contractual autonomy and individual responsibility. Alcohol consumption is a common social activity and perceptions of intoxication and especially alcoholism have changed over time. Roman law is surprisingly quiet on the subject. In modern times the rules about intoxicated contracting in Scottish and English law is very similar. Rather more interestingly the law in these two jurisdictions has reached the current position in slightly different ways. This history can be traced through English Equity, the works of the Scottish Institutional writers, the rise of the Will Theory, and all leavened with a dose of judicial pragmatism.

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.

The Laws of Hammurabi

2020 ◽  
Author(s):  
Pamela Barmash
Keyword(s):  
Eighteenth Century ◽  
Roman Law ◽  
Intellectual Culture ◽  
Biblical Law ◽  
Intellectual Tradition ◽  
Legal Principles ◽  
Copernican Revolution ◽  
The Subject ◽  
The Law

The Laws of Hammurabi is one of the earliest law codes, dating from the eighteenth century BCE Mesopotamia (ancient Iraq). It is the culmination of a tradition in which scribes would demonstrate their legal flair by composing statutes on a repertoire of traditional cases, articulating what they deemed just and fair. The book describes how the scribe of the Laws of Hammurabi advanced beyond earlier scribes in composing statutes that manifest systematization and implicit legal principles. The scribe inserted the statutes into the structure of a royal inscription, skillfully reshaping the genre. This approach allowed the king to use the law code to demonstrate that Hammurabi had fulfilled the mandate to guarantee justice enjoined upon him by the gods, affirming his authority as king. This tradition of scribal improvisation on a set of traditional cases continued outside of Mesopotamia, influencing biblical law and the law of the Hittite Empire and perhaps shaping Greek and Roman law. The Laws of Hammurabi is also a witness to the start of another stream of intellectual tradition. It became a classic text and the subject of formal commentaries, marking a Copernican revolution in intellectual culture.

On the Legitimacy of Expectations

2018 ◽  
Author(s):  
Alexander Brown
Keyword(s):  
Basic Structure ◽  
Legitimate Authority ◽  
Complex Theory ◽  
Role Responsibility ◽  
Administrative Agencies ◽  
Substantive Justice ◽  
The Subject ◽  
The Law

Section I identifies the weaknesses in existing accounts which locate the legitimacy of expectations in underpinning laws and legal entitlements (the Law-Based Account), in the substantive justice of expectations and/or the justice of the basic structure which forms the background to expectations (the Justice-Based Account), or in the legitimacy of the governing agencies and political authorities whose acts and omissions are both the cause and the subject of expectations (the Legitimate Authority-Based Account). Section II introduces a rival account, the Responsibility-Based Account, according to which the legitimacy of expectations depends on the responsibility of governmental administrative agencies for bringing about agent’s expectations, allied to those agencies already having been given or having assumed a role responsibility for making binding decisions affecting the important interests of agents. Finally, Section III expounds in more detail the complex theory of responsibility that undergirds the Responsibility-Based Account.

Two Truths and a Lie: In re John Z. and Other Stories at the Juncture of Teen Sex and the Law

2013 ◽  
Vol 38 (02) ◽  
pp. 364-402 ◽  
Author(s):  
Michelle Oberman
Keyword(s):  
Contemporary Literature ◽  
Adolescent Sexuality ◽  
Two Truths ◽  
Academic Literature ◽  
Meaningful Relationship ◽  
Depth Study ◽  
The Subject ◽  
The Law ◽  
Sexual Encounters ◽  
Criminal Justice Response

Laws governing adolescent sexuality are incoherent and chaotically enforced, and legal scholarship on the subject neither addresses nor remedies adolescents’ vulnerability in sexual encounters. To posit a meaningful relationship between the criminal law and adolescent sexual encounters, one must examine what we know about adolescent sexuality from both the academic literature and the adults who control the criminal justice response to such interactions. This article presents an in-depth study of In re John Z., a 2003 rape prosecution involving two seventeen-year-olds. Using this case, I explore the implications of the prosecution by interviewing a variety of experts and analyzing the contemporary literature on sexual norms among youth. I also relate a series of interviews conducted with the major players in the prosecution. Examining this case from a variety of perspectives permits a deeper understanding of how the law regulates adolescent sexual encounters and why it fails.

Gender Equity in Canadian Ice Hockey: the Legal Struggle

2012 ◽  
Vol 12 (2) ◽  
pp. 121-123 ◽  
Author(s):  
John Eaton
Keyword(s):  
Gender Equity ◽  
Ice Hockey ◽  
The Subject ◽  
The Law

AbstractIn this article, John Eaton details Canadians' passion for ice hockey and chronicles the legal struggles of Canadian women to partake in the sport on an equal basis to men. Readers interested in the law of ice hockey are referred to the authoritative work on the subject, John Barnes's The Law of Hockey (Markham: LexisNexis Canada Inc., 2010) and those who wish to read more of the story of women's ice hockey in Canada should consult Etue, Elizabeth & Williams, Megan K., On the Edge: Women Making Hockey History (Toronto: Second Story Press, 1996).

Insanity and Divorce

1892 ◽  
Vol 38 (162) ◽  
pp. 378-382
Author(s):  
A. Wood Renton
Keyword(s):  
Critical Analysis ◽  
Historical Development ◽  
The Subject ◽  
The Law

In view of the interest which the subject is at present arousing, a critical analysis of the historical development of the law of insanity in its relation to divorce may be neither inopportune nor uninstructive.

Gamble's Case

1896 ◽  
Vol 42 (177) ◽  
pp. 358-359
Keyword(s):  
Old Bailey ◽  
The Subject ◽  
The Law ◽  
Direct Recognition

It would have been interesting if Richard Gamble, the boy who committed the murderous outrage in Islington last autumn, and who was found unfit to plead at the Old Bailey January Sessions, had been able to take his trial. From all accounts he belonged to the class of instinctive juvenile criminals whom the law is gradually coming to recognise as proper objects not for punishment, but for treatment in asylums, and any fresh precedent which might have strengthened this growing judicial tendency would have been welcome. Its supremacy is already, however, in all probability assured. The truth is that lawyers began to be more reasonable on the subject when alienists began to reject as untenable the positive assertion of some French and American writers that there was in such cases an entire absence of any mental lesion. The result of the Plaistow case is a direct recognition of the existence of the only kind of moral insanity in which medical experts themselves now believe. Apropos of the Plaistow case, however, we view with considerable apprehension the ruling of Mr. Justice Kennedy that as Coombes was not convicted, the conviction of the man Fox as an accessory was not possible. Of course we offer no opinion as to Fox's guilt or innocence. But the learned judge's decision on this point appears to ignore the fact that lunatics are found guilty under the new Act, and that all that their insanity does for them is to excuse them from penal consequences. It will be a very unfortunate condition of things indeed if accessories to crimes committed by lunatics are to escape scot free. Mr. Justice Kennedy appears to have also overlooked the fact that the trial and conviction of the principal offender is not necessary under the law as it has existed since 1861. His assumption that the conviction of the lunatic is necessary therefore rests on no better foundation than his assumption that a verdict of “guilty, but insane,” is tantamount to a verdict of acquittal. It is to be hoped that there may be an early judicial revision of the Plaistow ruling.

Again on relative clause and subordination in Latin

2014 ◽  
Vol 13 (1) ◽  
Author(s):  
Gualtiero Calboli
Keyword(s):  
Relative Clause ◽  
Syntactic Structure ◽  
Central Point ◽  
Relative Pronoun ◽  
Case Theory ◽  
Nominative Case ◽  
Subordinate Clauses ◽  
Long Time ◽  
The Subject ◽  
The Law

AbstractI started from the relative clause which occurs in Hittite, and in particular with the enclitic position of the relative pronoun. This is connected with the OV position and this position seems to have been prevailing in Hittite and PIE. The syntactic structure usually employed in Hittite between different clauses is the parataxis. Nevertheless, also the hypotaxis begins to be employed and the best occasion to use it was the diptych as suggested by Haudry, though he didn't consider the most natural and usual diptych: the law, where the crime and the sanction build a natural diptych already in old Hittite. Then I used Justus' and Boley's discussion on the structure of Hittite sentence and found a similarity with Latin, namely the use of an animate subject as central point of a sentence. With verbs of action in ancient languages the subject was normally an animate being, whereas also inanimate subject is employed in modern languages. This seems to be the major difference between ancient and modern structure of a sentence, or, better to say, in Hittite and PIE the subject was an animate being and this persisted a long time, and remained as a tendency in Latin, while in following languages and in classical grammar the subject became a simple nominal “entity” to be predicated and precised with verb and other linguistic instruments. A glance has been cast also to pronouns and particles (sometimes linked together) as instruments of linking nominal variants of coordinate or subordinate clauses and to the development of demonstrative/deictic pronouns. Also in ancient case theory a prevailing position was assured to the nominative case, the case of the subject.

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