scholarly journals A Comparative Study of Dissolution of Marriage on Account of the Missing Husband (Mafqūd-ul-Khaber) and Women Problems

2019 ◽  
Vol IV (I) ◽  
pp. 123-128
Author(s):  
Shehla Riaz ◽  
Farkhanda Zia
Keyword(s):  
Comparative Study ◽  
Analytical Study ◽  
The Status ◽  
Marital Success ◽  
The Right

It is not only a husband who has been given a right to divorce his wife in case of any discord but the wife has also been given a right to ask for separation in Islam. Islam commands the husband to retain the wife in kindness and to take every possible measure for maximization of marital success. This paper provides an analytical study of the right of women in Islamic and Pakistani laws to get separation when her husband remains missing. It also analyzes the status of the missing of the husband and the problems faced by the wife while getting separation through court in case of a missing husband. A survey in the form of interviews was conducted to highlight the reasons of not filing the missing husband cases in the courts.

scholarly journals Samples of some literary addresses of illiteracy era; an analytical study

Fahm-i-Islam ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 01-18
Author(s):  
ڈاکٹر شمس الحسین ظہیر
Keyword(s):  
Comparative Study ◽  
Analytical Study ◽  
The Status

The Arab castes’ life in pre-Islamic era is totally depended in oral quarrels whether on poet or on addresser. The status of an addresser was not less than a poet. That is, why they celebrated a festival for the birth of a new addresser amongst them. Thus he was honored with title of “echo of the cast”. But the question is that: “What kind of addresses they delivered?” is to be analytically answered. To introduce for an Urdu literary in a comparative study of literatures, this articles discusses the structure of some selected addresses, the themes, its features and the relevancy to the event. It also describes the famous addressers of illiteracy era.

scholarly journals Non-refoulement and national security: A comparative study of UK, Canada and New Zealand

2021 ◽  
Author(s):  
◽  
Hanxiao Li
Keyword(s):  
Comparative Study ◽  
National Security ◽  
Political Rights ◽  
Refugee Convention ◽  
International Obligation ◽  
The Status ◽  
Convention Against Torture ◽  
International Obligations ◽  
The Right ◽  
International Instruments

<p>“International law generally rejects deportation to torture, even where national security interests are at stake.” ¹ There had been a fierce debate when Hassan Ahmed Shaqlane, a Somalian refugee who was sentenced to an 8-year prison term for rape and kidnapping, won his appeal against deportation, upheld by the Deportation Review Tribunal.² Controversy arose again when Al Baiiaty, an Iraqi resettlement refugee was convicted of sexual violation by rape for the fourth time. With the Court of Appeal’s noting that Mr Al Baiiaty poses a serious risk to the community³, the then Minister of Immigration called for a report on the deportation issues raised by the case.⁴ Deportation to torture may deprive a refugee of the right to liberty, security and perhaps life⁵, which is against many states’ domestic laws and international instruments such as the International Conant on Civil and Political Rights⁶ and the Convention against Torture⁷. It has been said that even if Article 33 of the Convention relating to the Status of Refugees does not categorically reject deportation to torture on its face, it should not be used to deny rights that other legal interments make available to everyone.⁸ It is highly questionable, however, under this broad obligation, if a refugee poses a significant threat to the protecting country’s national security, what action can a state take to protect its own national security and its own people. Are provision in the Refugee Convention, the ICCPR and the CAT absolute, binding and non derogable? If so, can a state derogate from its international obligation to refoule a refugee to potential torture to protect its national security? On what grounds then, can a state derogate from it? This paper will consider these questions. By doing so, this paper will first outline the international obligations, provided by the Refugee Convention, the ICCPR and the CAT, what is an international norm and states’ derogation rights in these provisions. The paper then looks at the courts in Canada, the United Kingdom and New Zealand’s approach in Suresh, EN⁹ and Zaoui¹⁰ when deporting a person who poses threat to national security can lead to torture and arbitrarily deprivation of life and the deportation potentially violates an international obligation or a state’s constitution. The paper will explain their approaches in relation to the different positions of their international obligations. The paper submits its concerns for some specific provisions in the Refugee Convention and the issues in exercising the absolute rights provided by the ICCPR and the CAT, as well as the ECHR. The paper finally submits its preferable approach after observing states’ practice and comparative study of the three approaches.</p>

scholarly journals Non-refoulement and national security: A comparative study of UK, Canada and New Zealand

2021 ◽  
Author(s):  
◽  
Hanxiao Li
Keyword(s):  
Comparative Study ◽  
National Security ◽  
Political Rights ◽  
Refugee Convention ◽  
International Obligation ◽  
The Status ◽  
Convention Against Torture ◽  
International Obligations ◽  
The Right ◽  
International Instruments

<p>“International law generally rejects deportation to torture, even where national security interests are at stake.” ¹ There had been a fierce debate when Hassan Ahmed Shaqlane, a Somalian refugee who was sentenced to an 8-year prison term for rape and kidnapping, won his appeal against deportation, upheld by the Deportation Review Tribunal.² Controversy arose again when Al Baiiaty, an Iraqi resettlement refugee was convicted of sexual violation by rape for the fourth time. With the Court of Appeal’s noting that Mr Al Baiiaty poses a serious risk to the community³, the then Minister of Immigration called for a report on the deportation issues raised by the case.⁴ Deportation to torture may deprive a refugee of the right to liberty, security and perhaps life⁵, which is against many states’ domestic laws and international instruments such as the International Conant on Civil and Political Rights⁶ and the Convention against Torture⁷. It has been said that even if Article 33 of the Convention relating to the Status of Refugees does not categorically reject deportation to torture on its face, it should not be used to deny rights that other legal interments make available to everyone.⁸ It is highly questionable, however, under this broad obligation, if a refugee poses a significant threat to the protecting country’s national security, what action can a state take to protect its own national security and its own people. Are provision in the Refugee Convention, the ICCPR and the CAT absolute, binding and non derogable? If so, can a state derogate from its international obligation to refoule a refugee to potential torture to protect its national security? On what grounds then, can a state derogate from it? This paper will consider these questions. By doing so, this paper will first outline the international obligations, provided by the Refugee Convention, the ICCPR and the CAT, what is an international norm and states’ derogation rights in these provisions. The paper then looks at the courts in Canada, the United Kingdom and New Zealand’s approach in Suresh, EN⁹ and Zaoui¹⁰ when deporting a person who poses threat to national security can lead to torture and arbitrarily deprivation of life and the deportation potentially violates an international obligation or a state’s constitution. The paper will explain their approaches in relation to the different positions of their international obligations. The paper submits its concerns for some specific provisions in the Refugee Convention and the issues in exercising the absolute rights provided by the ICCPR and the CAT, as well as the ECHR. The paper finally submits its preferable approach after observing states’ practice and comparative study of the three approaches.</p>

scholarly journals Frameworks Comparative study of Classification Models based on Variable Extraction Model for Status Classify of Contraception Method in Fertile Age Couples in Indonesia

2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Laelatul Khikmah
Keyword(s):  
Comparative Study ◽  
Predictive Value ◽  
Nearest Neighbor ◽  
Classification Models ◽  
K Nearest Neighbor ◽  
Contraceptive Methods ◽  
Risk Of Death ◽  
The Status ◽  
Stable Performance ◽  
The Right

In terms of minimizing the risk of death in mothers the use of contraceptive methods really needs to be improved and the success of the use of contraceptive methods. This study aims to compare several popular classification models used to classify the status of the use of contraceptive methods in fertile age couples in Indonesia so that they can be used and the implementation of policies that are more impartial using the variable extraction integration method. The proposed model in this study is a comparative study of classification models include Logistic Regression (LR), k-Nearest Neighbor (k-NN), Naïve Bayes (NB), C4.5, and CART. For the purpose of testing the model, Accuracy, AUC, F-measure, Sensitivity (SN), Specificity (SP), Positive Predictive Value (PPV), and Negative Predictive Value (NPV) are used to test frameworks comparative study of classification models. Based on the experimental results, RL shows superior and stable performance compared to other methods. It can be concluded, the RL method is the right choice method to classify the status of use of contraceptive methods in couples of childbearing ages in Indonesia.

Analytical Study of Violence Theme in Victoria Schwab’s This Savage Song

2019 ◽  
Keyword(s):  
Analytical Study ◽  
Research Paper ◽  
The Novel ◽  
Vicious Cycle ◽  
Aggressive Approach ◽  
Research Article ◽  
The People ◽  
The Social ◽  
Different Dimensions ◽  
The Right

This research article focuses on the theme of violence and its representation by the characters of the novel “This Savage Song” by Victoria Schwab. How violence is transmitted through genes to next generations and to what extent socio- psycho factors are involved in it, has also been discussed. Similarly, in what manner violent events and deeds by the parents affect the psychology of children and how it inculcates aggressive behaviour in their minds has been studied. What role is played by the parents in grooming the personality of children and ultimately their decisions to choose the right or wrong way has been argued. In the light of the theory of Judith Harris, this research paper highlights all the phenomena involved: How the social hierarchy controls the behaviour. In addition, the aggressive approach of the people in their lives has been analyzed in the light of the study of second theorist Thomas W Blume. As the novel is a unique representation of supernatural characters, the monsters, which are the products of some cruel deeds, this research paper brings out different dimensions of human sufferings with respect to these supernatural beings. Moreover, the researcher also discusses that, in what manner the curse of violence creates an inevitable vicious cycle of cruel monsters that makes the life of the characters turbulent and miserable.

Lot's Offer of his Daughters to his People in the Torah and the Qur'an: A Comparative Study in Two Parts (Part One)

2016 ◽  
Vol 18 (3) ◽  
pp. 161-224
Author(s):  
ʿĀʾiḍ B. Sad Al-Dawsarī
Keyword(s):  
Comparative Study ◽  
Comparative Studies ◽  
The Third ◽  
The Past ◽  
The Status ◽  
Moral Problems ◽  
Moral Dimensions ◽  
Similarities And Differences

The story of Lot is one of many shared by the Qur'an and the Torah, and Lot's offer of his two daughters to his people is presented in a similar way in the two books. This article compares the status of Lot in the Qur'an and Torah, and explores the moral dimensions of his character, and what scholars of the two religions make of this story. The significance of the episodes in which Lot offers his daughters to his people lies in the similarities and differences of the accounts given in the two books and the fact that, in both the past and the present, this story has presented moral problems and criticism has been leveled at Lot. Context is crucial in understanding this story, and exploration of the ways in which Lot and his people are presented is also useful in terms of comparative studies of the two scriptures. This article is divided into three sections: the first explores the depiction of Lot in the two texts, the second explores his moral limitations, and the third discusses the interpretations of various exegetes and scholars of the two books. Although there are similarities between the Qur'anic and Talmudic accounts of this episode, it is read differently by scholars from the two religions because of the different contexts of the respective accounts.

CIVIL AND LEGAL LIABILITY OF JUDGES

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Human Rights ◽  
Pension System ◽  
Legal Liability ◽  
Judicial System ◽  
Constitutional Court ◽  
Model Code ◽  
European Court ◽  
The Status ◽  
The Law ◽  
The Right

The article presents the conceptual foundations of bringing judges to civil and legal liability. It was found that the civil and legal liability of judges is one of the types of legal liability of judges. It is determined that the legislation of Ukraine provides for a clearly delineated list of the main cases (grounds) for which the state is liable for damages for damage caused to a legal entity and an individual by illegal actions of a judge as a result of the administration of justice. It has been proved that bringing judges to civil and legal liability, in particular on the basis of the right of recourse, provides for the payment of just compensation in accordance with the decision of the European Court of Human Rights. It was established that the bringing of judges to civil and legal liability in Ukraine is regulated by such legislative documents as the Constitution of Ukraine, the Civil Code of Ukraine, the Explanatory Note to the European Charter on the Status of Judges (Model Code), the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the procedure for compensation for harm caused to a citizen by illegal actions of bodies carrying out operational-search activities, pre-trial investigation bodies, prosecutors and courts», Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of the Supreme Court of Ukraine regarding the compliance of the Constitution of Ukraine (constitutionality) of certain provisions of Article 2, paragraph two of clause II «Final and transitional provisions» of the Law of Ukraine «On measures to legislatively ensure the reform of the pension system», Article 138 of the Law of Ukraine «On the judicial system and the status of judges» (the case on changes in the conditions for the payment of pensions and monthly living known salaries of judges lagging behind in these), the Law of Ukraine «On the implementation of decisions and the application of the practice of the European Court of Human Rights».

Clergy

2018 ◽  
Author(s):  
Mark Hill QC
Keyword(s):  
Employment Status ◽  
Church Of England ◽  
The Status ◽  
The Right ◽  
The Church ◽  
And Training

This chapter focuses on the clergy of the Church of England. It first explains the process of selection and training for deacons and priests, along with their ordination, functions, and duties. It then considers the status and responsibilities of incumbents, patronage, and presentation of a cleric to a benefice, and suspension of presentation. It also examines the institution, collation, and induction of a presentee as well as unbeneficed clergy such as assistant curates and priests-in-charge of parishes, the authority of priests to officiate under the Extra-Parochial Ministry Measure, the right of priests to hold office under Common Tenure, and the role of visitations in maintaining the discipline of the Church. The chapter concludes with a discussion of clergy retirement and removal, employment status of clergy, vacation of benefices, group and team ministries, and other church appointments including rural or area deans, archdeacons, diocesan bishops, suffragan bishops, and archbishops.

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