scholarly journals Three Fatwas on Marriage in South India (Tiga Fatwa Perkahwinan di India Selatan)

2021 ◽  
Vol 18 (1) ◽  
pp. 251-282
Author(s):  
Sayyed Mohamed Muhsin
Keyword(s):  
South India ◽  
The State ◽  
Religious Authority ◽  
Legal Interpretation ◽  
Legal Basis ◽  
The South ◽  
The Masses

With a history dating back to the era of Prophet Muhammad (ﷺ), Muslims in Kerala, the second largest community in the state, mark their centuries-evolved social and religious imprints in the south-western tip of India. Among the organisational platforms, Samasta (founded on 1926) led by traditional Sunnī Shāfiʿī scholars claims the largest number of followers and is deemed as a religious authority by the masses for setting their beliefs up and finding fatwas for their religious queries. In light of the manuscripts of fatwas, publications and interviews, this study scrutinises the genesis, craft, methods and legal bases behind fatwas of Samasta. Besides, it conducts a case study of three fatwas on marriage to cross-check the peculiarities specified in the craft of fatwa and analyse the matters surrounding the issuance of a fatwa in Kerala. This study concludes that the influence of ‘past’ is evident in the ‘present’ legal interpretation of Samasta scholars.                                        Keywords: Samasta, fatwa, marriage, Shāfʿī, SFC, Legal basis, iftā’, Kerala. Abstrak Berteraskan sejarah Zaman Nabi Muhammad (ﷺ), masyarakat Islam di Kerala yang merupakan koumuniti kedua terbesar di negeri ini mencorakkan evolusi sosial dan amalan agama di bahagian Tenggara India. Antara organisasi yang ada di Kerala, Samasta [yang diasaskan 1926] yang dipimpin oleh ilmuwan mazhab Shafiee Sunni mempunyai pengikut yang paling ramai. Mereka juga dianggap mempunyai kuasa dalam menentukan fatwa dalam hal ehwal agama. Ini jelas terlihat dari keterangan penulisan, pendokumentasi fatwa, penerbitan dan temubual yang telah dijalankan. Kajian ini menghalusi sumber rujukan, kaedah dan metodologi,  penulisan  fatwa serta rujukan perundangan fatwa yang dihasilkan oleh Samasta dan juga merupakan intipati kajian ini. Kajian kes terhadap tiga fatwa perkahwinan ini adalah untuk melihat persamaan, perbezaan dan keunikan dalam fatwa perkahwinan di Kerala dan menganalisa isu berkaitan fatwa di Kerala. Kajian ini juga menujukkan pengaruh “lampau” adalah satu bukti jelas dalam menterjemahkan perundangan “semasa” oleh ilmuwan Samasta. Kata Kunci: Samasta, fatwa, perkahwinan, Shafie, SFC, asas perundangan, Kerala.  

The Emergence of the Informal Sector: Labour legislation and politics in South India, 1940–60

2019 ◽  
Vol 54 (4) ◽  
pp. 1113-1148
Author(s):  
KARUNA DIETRICH WIELENGA
Keyword(s):  
Informal Sector ◽  
South India ◽  
Legal Protection ◽  
Formative Period ◽  
The State ◽  
Employment Relations ◽  
Political Struggle ◽  
Close Study ◽  
Labour Legislation

AbstractThe informal sector and informal employment relations occupy a prominent place in India's economy: one of their key features is the apparent absence of the state from labour regulation. This article seeks to trace the emergence of the division between the formal and informal sectors in India's economy from a historical perspective: it shows how the state, far from being absent, played a fundamental role in creating the dichotomy. This is done through a close study of labour legislation and the politics around it, taking South India as a case study. The article examines the enactment of four laws in Madras province in the late 1940s, ostensibly aimed at protecting workers, and their subsequent implementation by the Madras government. It shows how these laws ended by excluding workers from small unorganized industries (such as beedi-making, arecanut-processing, handloom-weaving, and tanning) from legal protection. It explores the ramifications of this exclusion and argues that the reinforcement of the formal–informal divide was the outcome of a complex political struggle between employers, workers' unions, and the state during this formative period.

scholarly journals Feasibility of Substitution of the Conventional Street Lighting Installation by the Photovoltaic Case Study on a Municipality in Agadir in Morocco

2017 ◽  
Vol 7 (5) ◽  
pp. 2287
Author(s):  
Fatima Outferdine ◽  
Lahoussine Bouhouch ◽  
Mustapha Kourchi ◽  
Mohamed Ajaamoum ◽  
Ali Moudden
Keyword(s):  
The State ◽  
Lighting System ◽  
Economic Study ◽  
The South ◽  
Street Lighting ◽  
Testing Area ◽  
Solar Powered

In this work, we present a technical and economic study of the solar powered street lighting system of a municipality in the south of Morocco. The state of the conventional street lighting system is first analyzed in a substation of street lighting. Then a sizing method is applied to the photovoltaic installation in the testing area. A financial study, by comparison between conventional and PV-based lighting, is carried out showing the feasibility of the PV street lighting.

“Sultan among Hindu Kings”: Dress, Titles, and the Islamicization of Hindu Culture at Vijayanagara

1996 ◽  
Vol 55 (4) ◽  
pp. 851-880 ◽  
Author(s):  
Phillip B. Wagoner
Keyword(s):  
Fourteenth Century ◽  
South India ◽  
The State ◽  
The South ◽  
South Indian ◽  
Indian State ◽  
Natural Result

When Robert Sewell inaugurated the modern study of the South Indian state of Vijayanagara with his classic A Forgotten Empire (1900), he characterized the state as “a Hindu bulwark against Muhammadan conquests” (Sewell [1900] 1962, 1), thereby formulating one of the enduring axioms of Vijayanagara historiography. From their capital on the banks of the Tungabhadra river, the kings of Vijayanagara ruled over a territory of more than 140,000 square miles, and their state survived three changes of dynasty to endure for a period of nearly three hundred years, from the mid-fourteenth through the mid-seventeenth centuries (Stein 1989, 1–2). According to Sewell, this achievement was to be understood as “the natural result of the persistent efforts made by the Muhammadans to conquer all India” ([1900] 1962, 1). Hindu kingdoms had exercised hegemony over South India for most of the previous millennium, but were divided among themselves when the Muslim forces of Muhammad bin Tughluq swept over the South in the early decades of the fourteenth century: “When these dreaded invaders reached the Krishna River the Hindus to their south, stricken with terror, combined, and gathered in haste to the new standard [of Vijayanagara] which alone seemed to offer some hope of protection. The decayed old states crumbled away into nothingness, and the fighting kings of Vijayanagar became the saviours of the south for two and a half centuries” (Sewell [1900] 1962, 1).

scholarly journals Analyzing the Need to Reinstate the NGT Ban with Respect to Meghalaya’s Rat-Hole Mines

2020 ◽  
Vol 9 (1) ◽  
pp. 21-48
Author(s):  
Antony Moses
Keyword(s):  
Economic Development ◽  
Coal Mining ◽  
State Government ◽  
The State ◽  
The South ◽  
Autonomous District ◽  
Jaintia Hills ◽  
Garo Hills ◽  
The Masses ◽  
Legislative Measures

On 13th December 2018, 15 miners were trapped in a rat-hole mine in the East Jaintia Hills District of Meghalaya. This incident happened despite the ban imposed and the detailed guidelines laid down by the National Green Tribunal (NGT) in 2014, in response to the South Garo Hills incident. As of date, no concrete legislative measures have been implemented by the State Government of Meghalaya, nor by the respective autonomous District Councils to regulate coal-mining. Clothed with the protection conferred by the Sixth Schedule, the State harbors rampant scientific mining practices, and its administration argues that it is a necessity for the economic development of the State. As a result, agriculture has been brought to a standstill and the coal mafia plaguing the State has received an added impetus. Rehabilitation of citizens remains a distant dream and the Sixth Schedule protection afforded to the State, facilitates exploitation instead of protecting the masses. This article will argue strongly for the continuation of the NGT Ban and analyze and counter popular arguments that have been presented for the legalization of coal mining in Meghalaya.

Preserving Our Heritage?

2018 ◽  
pp. 13-52
Author(s):  
Hannah Gill
Keyword(s):  
Demographic Change ◽  
Economic Transition ◽  
The State ◽  
The South ◽  
Long Term Consequences ◽  
The Impact ◽  
Latino Communities

This chapter considers the reception of migrants as an introduction to issues of demographic change and economic transition in the state. Using Alamance County as a case study, this chapter discusses how immigration has reopened debates on race, resources, and diversity in the South. It examines the impact of local deportation policies on Latino communities and considers long-term consequences for the county and state as a whole.

Transmissibility and Epidemicity of COVID-19 in India: A Case Study

2020 ◽  
Vol 15 ◽  
Author(s):  
Bevish Y. Jinila ◽  
Prayla S. Shyry
Keyword(s):  
Incubation Period ◽  
South India ◽  
Preventive Measures ◽  
Recent Trend ◽  
The State ◽  
World Health ◽  
Analysis Techniques ◽  
Health Organization ◽  
Epidemiological Characteristics

Background: The global outbreak of COVID-19 incepted in Wuhan, China in the late 2019. It is still unclear about the origin of the infection. Over time, it has migrated geographically to 150 countries in the world and World Health Organization (WHO) has declared the infectious disease to be pandemic. Objective: Recently, COVID-19 has stepped into India by the travellers from other countries. The transmissibility and epidemicity of COVID-19 in India is exponential. So, in-order to understand the above characteristics, specifically COVID-19 status in India is analyzed. To analyze this into deeper, the state of Kerala is selected. The epidemiological characteristics of patients in Kerala, South India and the possible transmission of COVID-19 from asymptomatic members to other peers are shown using certain cases. Methods: The COVID-19 dataset is taken from Kaggle dataset. This dataset contains the details of the infected patients from different states of India. Statistical analysis techniques where used to analyze the distribution of the affected cases in a particular state. Results: The analysis shows that there is possibility of transmission of the infection even during incubation period. The recent trend in the number of infected cases in India is discussed. Conclusion: The transmissibility of COVID-19 and its epidemicity in India is discussed. In specific, a case study on COVID -19 cases in the state of Kerala relating the transmissibility is also summarized. Further, data related to patents on corona virus is also discussed. From the analysis, it can be concluded that there is a possibility of COVID-19 transmission even during incubation period. The preventive measures to overcome COVID-19 and methods to increase the immunity are discussed.

scholarly journals Unbuilt Anxieties: Infrastructure Projects, Transnational Conflict in the South China/East Sea, and Vietnamese Statehood

2016 ◽  
Vol 4 (2) ◽  
pp. 365-385
Author(s):  
Ken MacLean
Keyword(s):  
South China ◽  
State Level ◽  
The State ◽  
Regional Security ◽  
The South ◽  
Theoretical Understanding ◽  
Legal Principles ◽  
Natural Gas Pipelines ◽  
Physical Form

AbstractThe conflicts shaping territorial claims and counter-claims to overlapping areas of the South China Sea threatens to significantly damage Sino-Vietnamese relations, destabilize regional security arrangements, and alter the geopolitical status quo. The governments of both countries routinely invoke historical documents, commission scientific studies, and cite legal principles to justify their competing claims in the maritime region and the resources contained therein. The role different types of energy infrastructure play in the state-level disputes have received little attention, however. This essay addresses this oversight. In it, I foreground the complex ways not yet built infrastructure affect Sino-Vietnamese relations as well as our theoretical understanding of “the state”, especially with regard to Vietnam. Not yet built infrastructure refers to more than the assemblage of things that will be built in the future to power the economy, such as oil rigs, natural gas pipelines, and refineries. The concept also includes the ideological positions that presuppose the materialization of blueprint plans in physical form, i.e., the broader goals such infrastructure is meant to achieve. Towards this end, the article focuses on how state actors and their proxies conceptualize the likely impacts not yet built infrastructure will have upon their respective interests once construction is completed. The case study highlights how the need for energy security strengthens national security at some moments, weakens it at others, and both at still others.

scholarly journals Postcards from the edge (of the Arabian Sea). Tales from the ballPark: this liminal life

2018 ◽  
Vol 3 (1) ◽  
pp. 109-118
Author(s):  
Di Ball
Keyword(s):  
Contemporary Art ◽  
Arabian Sea ◽  
South India ◽  
The State ◽  
North India ◽  
New Delhi ◽  
New Work ◽  
The South ◽  
Spicy Food ◽  
The Feminine

Art brought me to this place, but art and so much more sees my returning and living here 6 months of every year. For 6 years. This PLACE is Fort Cochin in the state of Kerala in South India. The Art that brought me here was my participation in an exhibition enitled Re-Picturing the Feminine: New Hybrid Realities in the Artworld – A Survey of Indian and Australian Contemporary Female Artists at OED Gallery Fort Cochin, running concurrently with the first contemporary art Biennale in India: the Kochi-Muziris Biennale 2012. I had decided to spend 6 weeks in Fort Cochin in order to make new work informed by the place, but I had never been to India so I went on a tour in North India beforehand. I spent 23 days travelling from Mumbai to New Delhi via Mt Abu, Udapair, Jodhpur, Jaipur, Jailsalmer, Agra, Orchha and Varanasi  and arrived in the south exhausted and not a fan. I can’t eat spicy food, I don’t like crowds, and the rubbish everywhere was horrible. I may have exclaimed; “I am such a Paris girl!!”. Yet here I am, 6 years later, living a liminal life; on the edge of the Arabian Sea, between East and West, between 2 cultures, navigating my way.

scholarly journals EXECUTORIAL DECISION OF REGISTERED BRAND CANCELLATION

2020 ◽  
Vol 1 (1) ◽  
pp. 11
Author(s):  
Eko Yuliyanto
Keyword(s):  
The State ◽  
Geographical Indications ◽  
Legal Basis ◽  
Legal Research ◽  
Trademark Law ◽  
Legal Consequences

Brand cancellation is implemented through the delete list of the brands, it has brought legal consequences such the expire protection by the state. However, it is still leave some problems if the brand cancellation not accompanied by concrete actions such of a ban on re-use of the brand that has been canceled.The paper will focus on the analysis of judges' consideration in making the decision to cancel the registered brand (case study of decision No. 85 PK / Pdt.Sus-HKI / 2015), as well as an analysis of the execution of the decision to revoke registered brand (case study of decision No. 85 PK / Pdt.Sus -HKI / 2015). The method used is normative legal research. The results of the study showed that the legal basis by the Judges had accommodated all the substance of the juridical reason for the cancellation of the brand Cap Kaki Tiga by referring the provisions of Article 6 paragraph (3) letter b of Trademark Law (currently regulated in Article 21 Paragraph (2) letter b of the Trademark and Geographical Indications Law).Furthermore, an executorial decision regarding the cancellation of a registered brand may only be limited to procedural actions in administrative business such cancellation the brand from the general register and announcing the cancellation the brandin the official news of that brand.

A High and Honorable Calling: Black Lawyers in South Carolina, 1868–1915

1989 ◽  
Vol 23 (3) ◽  
pp. 395-406 ◽  
Author(s):  
J. R. Oldfield
Keyword(s):  
South Carolina ◽  
Civil War ◽  
Legal History ◽  
The State ◽  
The South ◽  
Southern States ◽  
Scant Attention ◽  
History Of ◽  
History Of The South

In recent years historians have begun to show considerable interest in the legal history of the South. But while much of this interest has touched on Southern lawyers and notions of professionalization, scant attention has been paid to the scores of black lawyers who were admitted to the bar in the post-Civil War period. Who were these men? Where did they acquire their legal training and at what cost? What sort of practices did they run? How successful were they? What follows is an attempt to answer some of these questions, taking as a case study the state of South Carolina, cradle of secession, and, by any measure, one of the most conservative (and recalcitrant) Southern states during the Reconstruction and Redemption periods.

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