scholarly journals KONSEPSI IMAM SYAFI’I TENTANG ITTIHADUL MAJLIS DALAM AKAD NIKAH

Mahakim ◽  
2020 ◽  
Vol 4 (2) ◽  
Author(s):  
MULTAZIM AA
Keyword(s):  
Basic Principle ◽  
Social Life ◽  
Legal Status ◽  
Positive Answer

Marriage is a basic principle for society to continuoing social life or household life, legal descendants and the destruction of man and women desires. A new couple marriage meets and hope their marriage will be harmonious. One of the pillars of marriage is shighat (ijab and qabul), which must be ittihadul majlis (united in seats or majlis) on syafi’i school. The ulama are relatively different in providing concepts / opinions about this matter. Therefore, there needs to be a positive answer, what is the concept / opinion of imam syafi’i.  Regarding the legal status of ittihadul majlis in the akad marriage, considering that the implementation of this in the community is still relatively large on  a shafi’i madzhab. 

Regulatory potential of legal culture and legal awareness of modern Ukrainian society

2020 ◽  
pp. 23-31
Author(s):  
Roman Zvarych ◽  
Tetyana Polishchuk
Keyword(s):  
Social Life ◽  
Legal Status ◽  
Social Activity ◽  
Legal Culture ◽  
Practical Significance ◽  
Human Potential ◽  
Legal Consciousness ◽  
Moral Norms ◽  
Regulatory Potential ◽  
Ukrainian Society

Goal. The purpose of the work is a comprehensive analysis of the main problems of the regulatory potential of legal culture and legal awareness of the individual and its implementation in modern Ukrainian society. Method. The study used a set of theoretical methods of scientific knowledge, in particular: the method of scientific analysis; system-structural; historical and legal; axiological; comparative law; formal-legal and method of generalization. Results. In the course of the research it was proved that the modern philosophy of realization of regulatory potential of legal culture and legal consciousness should consist in strengthening of humanizing character of regulatory influence, be directed not on authoritarian authoritarian, imperative attribution, authorizing, binding types of legal regulations that authoritatively guide the actions, behavior of people and are seen as omnipotent universal mechanisms for solving problems of social life, and to create conditions for the realization of freedom, human potential, its legal status, social activity, creativity and initiative , which, of course, must be implemented on the basis of social, legal and moral norms enshrined in society. Scientific novelty. According to the results of the study, the new conceptual foundations of the regulatory potential of legal culture and legal awareness should be aimed at creating conditions for identifying deep dimensions of the inner world of man, his individual legal worldview, which allows him to become the creator of social and legal reality. Practical significance. The results of the research can be useful in the process of forming a general theoretical concept of the regulatory potential of legal culture and legal consciousness of modern Ukrainian society.

scholarly journals THE RANGE OF ADMINISTRATIVE JUSTICE SPECIALIZATIONS IN RUSSIA AND THE OTHER BRICS COUNTRIES

2018 ◽  
Vol 5 (2) ◽  
pp. 24-48
Author(s):  
M. Kleandrov ◽  
I Pluzhnik
Keyword(s):  
Russian Federation ◽  
Social Life ◽  
Legal Status ◽  
Court System ◽  
Brics Countries ◽  
Lower Courts ◽  
The Russian Federation ◽  
Judicial Procedures ◽  
Administrative Justice ◽  
Judicial Systems

This article deals with the challenges concerning increasing administrative justice efficacy in Russia and other BRICS countries, where the specialized development of jurisdictional bodies is inconsistent and far from effective. The article analyzes the gaps and disputed aspects of administrative justice including the mechanisms for judicial administrative dispute resolution in the BRICS countries. The authors argue that the level of effectiveness of administrative justice vested in judicial procedures depends critically on the specialization of the administrative courts. This involves individual judges, separately operating permanent judges, judicial committees, mono-courts, independent administrative judicial systems incorporated into larger judicial systems within the courts of general jurisdiction, and separate and independent administrative and judicial systems. Even though the BRICS countries do not have a structured administrative judiciary, the retrospective and comparative analysis of their administrative justice jurisdiction and its most effective practices and mechanisms undertaken by the authors enables them to rethink the existing approach to resolving administrative cases via the judiciary. The aim of the article is to initiate the creation of an independent administrative court system organization in order to ensure better justice in the areas of social life including legal relations with executive bodies. Suggestions for the implementation of the specialization of the administrative judiciary in the Russian Federation are given. The authors, for the first time in Russian jurisprudence, propose a theoretical model of an independent, four-tiered specialized legal mechanism of administrative justice, which includes the interrelated factors of court organization, the judiciary and their legal status. The range of the four specialized tiers of the administrative judicial system is proposed. It is argued that they should include a systematic succession represented by lower courts, first instance lower courts, area courts and a Higher Administrative Court of the Russian Federation.

scholarly journals Presecular character of Montenegrin Law on Freedom of Religion in context of Fuller's demands for internal morality of law

2020 ◽  
pp. 7-26
Author(s):  
Vladimir Đurić ◽  
Vasilije Marković
Keyword(s):  
Social Context ◽  
Rule Of Law ◽  
Basic Principle ◽  
Legal Status ◽  
Religious Communities ◽  
Freedom Of Religion ◽  
The Rule Of Law ◽  
Material Sources ◽  
Internal Morality ◽  
The Law

The authors analyse the new Montenegrin Law on Freedom of Religion or Belief and the Legal Status of Religious Communities from two aspects: the aspect of the socio-political context of its adoption (material sources of law) and formal aspects of the provisions of the Law itself (formal source of law) in order to point out the serious imperfections of that Law. Regarding the first aspect, wider social context in Montenegro is analysed in comparison with European regulative principles of area of religious freedoms. As for the provisions of the Law itself, they are considered in the context of Fuller's theory of the internal morality of law and its 8 requirements that make law possible in order to examine in detail whether and to what extent the Law fulfils the principles of legality as a basic principle for realization of the rule of law. The conclusion of the analysis from both aspects is that the analysed Law is also full of imperfections and obviously incompatible with the values of the rule of law.

scholarly journals Struggles and Dilemmas of Uyghur Immigrants in Turkey

Poligrafi ◽  
2021 ◽  
pp. 201-234
Author(s):  
Mettursun Beydulla
Keyword(s):  
Low Socioeconomic Status ◽  
Social Life ◽  
Legal Status ◽  
Significant Proportion ◽  
Political Influence ◽  
Chinese Government ◽  
Life Styles ◽  
Policy And Strategy ◽  
Chinese Policy ◽  
Xinjiang Uyghur Autonomous Region

The social and economic integration of the Uyghurs into Turkish society reflects a problem to which policy makers have not yet found a response. Marginalized by the larger society and separated by linguistic differences and cultural and social life-styles, a significant proportion of Uyghurs, especially “newcomers” who have arrived since the 1980s, is in danger of becoming part of a “parallel society.” This is reinforced by exclusion, inferiorization and “otherness,” restricted educational achievements, uncertain citizenship, legal status limbo and low socioeconomic status. Pro-Uyghur, pro-independence and anti-Chinese government mobilization in Turkey has attracted the attention of Chinese authorities for a long time, and this attention has in turn affected and shaped mobilization in Turkey. The Turkey-China relationship is involved as well. The main goals of Chinese policy and strategy in Turkey are the security of “Xinjiang Uyghur Autonomous Region” (a.k.a. East Turkistan), access to natural resources, security of the Belt and Road Initiative (BRI) and economic and technological investment. It means that China believes it must consolidate its control of “Xinjiang” (East Turkistan) and restrain the Uyghur independence movement in Turkey. China’s economic and technological power and investments in Turkey are not just increasing its influence; they are making Turkey far more reticent to speak out about Beijing’s abuses, systematic oppression and atrocities in the “Xinjiang” (East Turkistan). China’s geo-economic strategy has resulted in political influence in Turkey that profoundly affects its Uyghur population.

scholarly journals STATUS HUKUM TERTIB DALAM RUKUN DUA KHUTBAH JUM’AT (TELAAH KRITIS FIQIH KLASIK)

2019 ◽  
Vol 17 (2) ◽  
pp. 280
Author(s):  
Multazim A. A.
Keyword(s):  
Legal Status ◽  
Positive Answer ◽  
Male Adult ◽  
Muslim Children ◽  
Friday Prayer

Shalat jum’at is a decree of Allah and His apostles to do all Muslims who ain yaikni fardlu legal status must be done by each community male, adult, independent and living in an area (habitation), there shall be a Muslim, children children, slaves and people who are traveling (Musafir). Friday prayer is done in a certain way and only considered valid if it qualifies and harmony. One of the requirements unauthorized Shalat jum’at among others should be preceded two Friday sermons. Two sermons can also be considered valid if it qualifies and harmony. The two pillars of the popular sermons in practice in the community is reading hamdalah, and prayers be upon our Prophet Muhammad, intestate piety to Allah SWT, read one verse on one of the two sermons, and pray for the Muslims and muslimat the second sermon. The five things orderly recitation even any dillakukan orderly implementation, though, none of the verses of the Koran or al-Hadith that explains directly that the implementation of the pillars of the two sermons should be conducted in an orderly. That's why there needs to be a positive answer and more maslahah create the legal status orderly people in the pillars of two sermons.

The attitude to children, their right for life and development in Russia (X cent.-beginning of the XVIII cent.)

2014 ◽  
Vol 5 (1) ◽  
pp. 126-131
Author(s):  
Galina Lvovna Mikirtichan
Keyword(s):  
Corporal Punishment ◽  
Basic Principle ◽  
Legal Status ◽  
State Level ◽  
State Regulation ◽  
The State ◽  
Russian Society ◽  
Parents And Children ◽  
The Family ◽  
Systematic Program

The article discusses the problem of treatment of children and care for them during the period of Kiev and Moscow Rus and Russia at the beginning of the XVIII century. The basic legislative acts and documents reflecting the situation with children and their legal status, relationships between parents and children are analyzed. The basic principle of relations within the family was lawlessness, unquestioning obedience children to parents which was maintained by both oral reprimands and corporal punishment. Peter I had a systematic program of little-year-olds’ charity on the state level. A number of his decrees aimed to stop infanticide , to change the system of orphans’ protection and help, to alleviate the fate of illegitimate children (including the organization of hospitals for “bastards” and wet nurses service), to create conditions for upbringing and education of children, to reduce beggary. Speed, pragmatism, brutal methods of his reforms splitted the Russian society which was not ready for the new, including the state regulation of orphans’ charity, so the fulfillment of his decrees met great difficulties.

Loosening the law’s bite: Law, fact, and expert evidence in R v JA and R v NS

2017 ◽  
Vol 21 (3) ◽  
pp. 242-261
Author(s):  
Dana Erin Phillips
Keyword(s):  
Social Life ◽  
Legal Status ◽  
Status Quo ◽  
Expert Evidence ◽  
Criminal Cases ◽  
Relevant Issue ◽  
Marginalised Groups ◽  
Form Part ◽  
Judicial Reasoning ◽  
Prohibitive Cost

Faced, in the wake of the Canadian Charter of Rights and Freedoms, with decisions that bear upon unfamiliar realms of social life, Canadian courts have turned to making factual determinations based on social science and other expert evidence. Such evidence can help litigants from marginalised groups to challenge exclusionary norms and ‘common sense’ assumptions that form part of judicial reasoning. However, litigants seeking to disrupt the legal status quo in this way face a number of challenges. While many commentators have emphasised the prohibitive cost of bringing expert evidence, this article points to a prior challenge—the need to convince the court to see the relevant issue as a fact amenable to proof in the first place. To illustrate the significance of this initial framing challenge, I examine two recent criminal cases— R v JA and R v NS—where expert evidence may have been useful but was scant.

scholarly journals Klauzule o ochronie mniejszości narodowych w Polsce w traktatach dobrosąsiedzkich po 1989 roku

2020 ◽  
Vol 15 (2) ◽  
pp. 129-144
Author(s):  
Tomasz Browarek ◽  
Keyword(s):  
Open Access ◽  
Basic Principle ◽  
Legal Status ◽  
Public Life ◽  
International Standards ◽  
Individual Choice ◽  
Access Policy ◽  
National Minorities ◽  
Private And Public ◽  
The Individual

Agreements on friendly cooperation with all neighbors signed by Poland in the first half of the 1990s contain a clause on the rights of minorities. The regulations of these agreements guarantee the rights of Poles residing in these countries and the rights of the representatives of these nationalities (proper national minorities) in Poland and give right to free contact with their compatriots in their country of residence and abroad. The basic principle in these treaties is the recognition that the membership of a minority is an question of the individual choice of a person and from this choice no adverse results may occur. These clauses contain, first of all, the rights of those people to learn their native language and to use their language in private and public life. They also contain the guarantees of the freedom of formation their own organizations and freedom in practicing their religions. Taking into consideration providing security a great attention in the treaties is also put on the issue of the loyalty of people belonging to national minorities in relation to their country of residence and on guarantees from the part of this country for providing such people the protection of their rights in the same way as for other citizens. The basis for all analyzed here clauses was their conformity to the international standards concerning minorities. Poland, in adopting a new legal status of a minority included in the analyzed agreements, emphasized the breaking with the policy of discrimination and adoption of the open access policy and the acceptance of minorities. The rights of minorities included in the analyzed treaties marked also a direction in Polish internal law, adapting it to international standards in this scope.

scholarly journals On interaction between prosecutors and specialists in the exercise of powers to detect violations of laws outside the criminal law sphere

2021 ◽  
pp. 49-57
Author(s):  
Darina Viktorovna Kocheva
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Social Life ◽  
Legal Status ◽  
Law Enforcement Officers ◽  
Practical Experience ◽  
Legal Regulation ◽  
Policy Makers ◽  
The Public ◽  
The Right

The subject of this research is the public relations established in exercising of such a power by the prosecutor on detection of violations of laws outside the criminal law sphere as the right to demand from the policy makers and other officials “supervised” to the prosecutor's office the allocation of specialists. Findings of the experts in the material form are in demand among the law enforcement officers in different spheres of social life, including due to their evidentiary potential. The relevance of this research is defined by the fact that the scholars and practicing legal experts have accumulated a range of questions to the legal status of a specialist in the Russian legislation, which also pertains to the prosecutor's activity. The novelty consists in the author’s substantiation of the need to improve legal regulation of the corresponding legal relations based on comparison of the norms that regulate the mechanism of cooperation between specialists and prosecutors in supervision by the latter of compliance with laws, rights and freedoms of human and citizens, analysis of theoretical groundwork on the topic, and personal practical experience in the prosecutor's office. The article reveals the gaps in the existing legal regulation. This work may be valuable for the practitioners of the prosecutor's office, as well as bodies “supervised” to the prosecutor's office, scholars in the area of prosecutor's activity, legal experts, students, and postgraduates.

scholarly journals Genezis of Self-Government

Upravlenie ◽  
2016 ◽  
Vol 4 (2) ◽  
pp. 29-37 ◽  
Author(s):  
Латфуллин ◽  
Gennadiy Latfullin
Keyword(s):  
Social Life ◽  
Legal Status ◽  
Social Roles ◽  
Rapid Development ◽  
The Self ◽  
Stages Of Development ◽  
Market Relations

The self-government today is a qualitatively new phenomenon, which preserved just the old name in the new conditions of privatization of property and privatization of enterprises, the rapid development of its private form, as relevant part of measures for transition to market relations. Self-government as a phenomenon of social life has always been, what stages of development the society was. Externally, self-governing relations were presented in different forms, which suggest that in the differences in the forms it is necessary to see the uniformity of nature. In different nations in different countries, and in the same nation in different historical periods, there were different social roles of subjects and objects of management and government, and their social, ethical and legal status, and, therefore, relations with state authorities and management.

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