scholarly journals A Comparative Study of Maṣlaḥah and Mischief Rule: Pakistani Perspective

2021 ◽  
Vol 11 (1) ◽  
pp. 335-354
Author(s):  
Naseem Razi
Keyword(s):  
Comparative Study ◽  
Common Law ◽  
Golden Rule ◽  
Legal Systems ◽  
Economic Issues ◽  
The People ◽  
The Everyday ◽  
Islamic Jurisprudence ◽  
Almost All ◽  
The Way

At present, almost all the legal systems are concerned with establishing a flexible interpretive policy to make the law to resolve the everyday complex issues for the benefit of the people at large. It is, however, a matter of great concern that the higher courts in Pakistan are still following static and foreign interpretive modes like a literal rule, the golden rule, and mischief rule etc, in the presence of dynamic interpretive principles of Islam. In this context, this research aims to analyze critically, the mischief rule and to present maslahah, a vibrant Islamic interpretive principle. This article argues that the Holy Prophet (SAW), his companions and the traditional Muslim jurists had to decide the contemporary issues by the way of maṣlaḥah which led to the development of Islamic jurisprudence and resulted in the ease of the people. While interpretive rules of English common law are static and have become outdated. This research, thus, concludes that unlike mischief rule, maslaha is more flexible and favorable by Islam for resolving the present-day socio-economic issues of the people. It recommends the higher courts of Pakistan to follow the principle of maṣlaḥah during the process of interpretation. It is also acclaimed that the Renaissance of this vibrant principle of ijtihād would be a revival of the interpretive policy of the Prophet (SAW), his companions and the traditional Muslim jurists. It would also lead to the development of Islamic jurisprudence in the light of changed context.

scholarly journals The Impact of (Lot Upon Dispute) Maxim on Judiciary - A Comparative Study between Islamic Jurisprudence and Positive Law in the Sultanate of Oman-: أثر قاعدة (القرعة عند التَّشَاحِّ) في القضاء – دراسة مقارنة بين الفقه الإسلامي والقانون الوضعي في سلطنة عمان –

2020 ◽  
Vol 4 (12) ◽  
Author(s):  
Fahad Khamis Ahmad Al- fahdi
Keyword(s):  
Comparative Study ◽  
Social Interactions ◽  
Legal Status ◽  
Colleges And Universities ◽  
Due Diligence ◽  
Sultanate Of Oman ◽  
Positive Law ◽  
The People ◽  
Islamic Jurisprudence ◽  
The Impact

The importance of this research lies in identifying the significance of giving due regard to the jurisprudential maxims, especially those related to judicial work. Islamic jurists have paid attention to the maxim of “lot upon dispute” to console the souls and reconcile litigants. This maxim represents the highest and loftiest degrees of social interactions in the Islamic community depending on a prudent Quranic provision and wise prophetic Sunnah. This study is divided into three subjects: First: the definitions of study terms. Second: the researcher addresses the impact of the maxim in the judiciary literature and related topics in the code of procedures, personal affairs and civil transactions. Third: the researcher mentions some exceptions of maxim and the characteristic of lot, then clarifies the legal status of the maxim. The researcher concludes the study with the most important results, such as the jurisprudential maxim combines different issues in a phase of an eloquent meaning and precise wording. Jurists adopt this maxim more than the people of law do in order to achieve justice and block the accusation door. The study refers also to the necessity that those who work in the judiciary work should consider these jurisprudential maxims through establishment and application. Judge or arbitrator shall also act upon this maxim, and seek to reconcile between people through balloting. In addition, the specialized colleges and universities shall adopt the “lot upon dispute” maxim, and exert due diligence in studying it and any subdivided contemporary issues.

How Is the Personality of Facebook Customers?

2017 ◽  
pp. 191-229
Author(s):  
Juan Jose Delgado
Keyword(s):  
Social Networking ◽  
Social Networking Sites ◽  
Online Survey ◽  
Primary Data ◽  
Clear Correlation ◽  
The People ◽  
Research Gap ◽  
Secondary Information ◽  
Almost All ◽  
The Way

This chapter claims to understand the implications of Cloninger´s psychobiological model of temperament in the people behaviour on social networking sites. This study uses secondary information as well as primary data. The author collected and analyzed an online survey with a sample of 365 individuals. The study contributed to bridging the research gap of the correlation between the Cloninger´s psychobiological model of temperament and people behaviour on SNSs. The main findings show that clear correlation exists between Cloninger´s psychobiological temperament dimensions and the way people interacts on Facebook. Mainly, temperament is affecting in almost all the areas that have been tested; Facebook affinity uses of Facebook, motives and barriers of using Facebook.

scholarly journals Comparative Study of Civil Procedure in Common Law and Civil Law Systems

2016 ◽  
Vol 9 (5) ◽  
pp. 267
Author(s):  
Nader Ghanbari ◽  
Hassan Mohseni ◽  
Dawood Nassiran
Keyword(s):  
Comparative Study ◽  
Common Law ◽  
Civil Law ◽  
Civil Procedure ◽  
Judicial System ◽  
Specific Method ◽  
Legal Systems ◽  
Separate Branch ◽  
The Common ◽  
The Comparative Study

Comparing the legal systems is a specific method in which due to its important function is considered as a separate branch in law. None of the branches in law can place its knowledge merely on ideas and findings within the national borders. Several basic objections have been given regarding the definition and purpose of comparative study in civil procedure. In addition there are specific problems regarding studying practically the similar systems in a legal system like differences in purpose, definition and concept. In different legal systems like civil law and common law systems in which there is a divergence, even the judicial system`s organs and judges` appointment and judicial formalism are different, which add to the problems of the comparative study. Reviewing these differences could lead to a better understanding of these legal systems and recognizing the common principles in making use of each other`s findings considering these differences and indicate the obstacles of comparative study in this regard.

scholarly journals Transfer of Risk of Loss in Turkish Law and International Treaties

2020 ◽  
Author(s):  
Almıla Özkan ◽  
Ayşe Sena Aksakallı
Keyword(s):  
Legal System ◽  
Common Law ◽  
Civil Law ◽  
Vienna Convention ◽  
Legal Systems ◽  
International Treaties ◽  
Law System ◽  
Common Law System ◽  
The Way

The risk of loss refers to the value of the goods that were damaged or destroyed without responsibilities of any party. While the matter of risk of loss differs from legal systems to legal systems, it has been subject to international treaties as well. In Turkish legal system, the abrogated Code of Obligation and Turkish Code of Obligations have different features in terms of transfer of risk of loss. According to abrogated Code of Obligation, the buyer is responsible for the value of the damaged goods as soon as the parties sign the contract. In Turkish Code of Obligations, the seller bears the risk of loss until the delivery of goods or registration. Turkish Code of Obligation is compatible with civil law. And abrogated Code of Obligation is compatible with common law system. There are rules regarding transfer of risk of loss in many international treaties. By the way, it must be stated that rules of transfer of risk of loss in Vienna Convention are compatible with Turkish Code of Obligations.

scholarly journals RZYMSKA SOCIETAS A PARTNERSHIP SYSTEMU COMMON LAW

2017 ◽  
Vol 1 ◽  
pp. 151
Author(s):  
Ewa Dziuban
Keyword(s):  
Early Stage ◽  
Common Law ◽  
Similar Solution ◽  
Legal Systems ◽  
Legal Form ◽  
Exact Answer ◽  
Outer World ◽  
The Subject ◽  
The Common ◽  
The Way

ROMAN SOCIETAS AND THE COMMON LAW PARTNERSHIPThe construction of roman societas in comparison with the common law partnership was the subject of authors inquiry. The idea was to find whether these two contracts, being created in a very different time and situation, with ages of various experiences between them, could, in some way, resemble. In other words - is that possible that the similar aim of the contracts determined the shape of the legal form?Both constructions were analysed stressing their most significant points.The comparison was led due to the pattern established by the author, created to make it more readable.As a result every characteristic was composed of the following parts:1. description of the contract’s nature;2. types of the contract;3. inner relations between partners;4. societas/partnership in relation to outer world;5. dissolving the contract.On this basis author examined the findings.The pointed conclusions seemed to provide a very interesting start for further inquiries. The reason for this is, as it occurred, that between two legal systems, existing in separate ages and conditions, with settled opinion on their incompatibility, more than few similarities can be found.Author did not give a straight answer to the question why these similarities really exist. In fact she provides at least two possible explanations without prejudice.Actually to give a more exact answer deeper studies shall be undertaken. However even at this very early stage it can be said, that both constructions, even though so faraway in various dimensions from each other, developed compatible solutions on their way to find the best idea how the goal can be achieved. And this goal, as it occurred from the contracts’ nature, seemed to be analogous.Is the similar solution a question of reception? Or maybe both systems parallel found the way, which occurred to be the best and, in the same time, convergent? Maybe the catalogue of best solutions is closed and sooner or later every system shall come to it?These questions must be asked. Even if or especially that the answers are neither easy nor immediate.Author finished this first stage of her studies leaving them open but with the reservation that inquiry will be continued.

scholarly journals RUANG KEBUGARAN DAN KOMUNITAS DI PERKAMPUNGAN INDUSTRI KECIL

2020 ◽  
Vol 2 (1) ◽  
pp. 59
Author(s):  
Bun Merdianto ◽  
Timmy Setiawan
Keyword(s):  
Rapid Rate ◽  
Factory Workers ◽  
Third Place ◽  
Modern Life ◽  
The People ◽  
The Everyday ◽  
Communal Space ◽  
Almost All ◽  
Community Space

Jakarta has a fairly rapid rate of economic growth, a modern life and very dense activities, making people increasingly lose time to socialize and rest. Almost all people will spend their time to work with the aim of being able to meet their personal needs. However, when they are tired of working, they cannot find a place to facilitate them to socialize, relax and refresh their body and mind. As a result, the potential for living thought is only for work. This can trigger stress on factory workers who are most susceptible to stress. If this is left unchecked, this will have an impact on the quality of the HR itself and worsen their performance. Therefore the purpose of this research is to create a suitable forum for workers and the community so that they can gather, socialize, relax themselves and refresh their body and mind (Third Place). So that it can reduce stress levels, build community and improve socialization among surrounding communities and can solve existing issues. There is also a method that is used is the everyday urbanism method that sees changes in time and habits of the surrounding community, so that it can provide a place to support the activities of the people who are in that location. The program produced to enter into this project such as communal space, community space, fitness and many others. AbstrakJakarta memiliki tingkat pertumbuhan ekonomi yang cukup pesat, kehidupan yang modern dan sangat padat aktivitas membuat masyarakatnya semakin kehilangan waktu untuk bersosialisasi dan beristirahat. Hampir semua masyarakat akan menghabiskan waktunya untuk bekerja dengan tujuan dapat mencukupi kebutuhan pribadi. Namun ketika setelah lelah bekerja, mereka tidak dapat menemukan tempat fasilitas yang mewadahi mereka untuk bersosialisasi, merelaksasikan diri dan menyegarkan tubuh serta pikiran. Akibatnya muncul potensi pemikiran yang hidup hanya untuk bekerja. Hal ini dapat memicu stress pada pekerja pabrik yang paling gampang terkena stress. Jika hal ini dibiarkan, ini akan berdampak terhadap kualitas SDM itu sendiri dan memperburuk kinerja mereka. Oleh sebab itu tujuan dari penelitian ini yaitu menciptakan sebuah wadah yang layak untuk pekerja dan masyarakat sehingga dapat berkumpul, bersosialisasi, merelaksasikan diri dan menyegarkan tubuh serta pikiran (Third Place). Sehingga dapat menurunkan tingkat stress, membangun komunitas  dan meningkatkan sosialisasi antar masyarakat sekitar dan dapat menyelesaikan isu yang ada. Ada pun metode yang digunakan yaitu dengan metode everyday urbanism yang melihat perubahan waktu dan kebiasaan masyarakat sekitar, sehingga dapat memberikan sebuah tempat untuk mendukung aktivitas masyarakat yang berada di lokasi tersebut. Adapun program yang dihasilkan untuk masuk ke dalam proyek ini seperti ruang komunal, ruang komunitas, kebugaran dan masih banyak lainnya.

scholarly journals Paving the Way for Interreligious Dialogue, Tolerance, and Harmony: Following Mukti Ali’s Path

2012 ◽  
Vol 50 (1) ◽  
pp. 147-178 ◽  
Author(s):  
Faisal Ismail
Keyword(s):  
Comparative Study ◽  
Interreligious Dialogue ◽  
Academic Careers ◽  
Pluralistic Society ◽  
Muslim Scholar ◽  
Religious Traditions ◽  
The People ◽  
The Republic ◽  
The Comparative Study ◽  
The Way

A known Indonesian Muslim scholar Mukti Ali (1923-2004) was very much concerned with dialogue, tolerance, and harmony among the people of different traditions, cultures, and religions. In his many academic works, he stressesed the importance of promoting, strengthening, and maintaining intercultural and interreligious dialogue, tolerance, and harmony. Not only did he produce various academic works, but also made efforts in putting his intercultural and interreligious ideas into practice. Both as a scholar and expert in the comparative study of religions and as Minister of Religious Affairs of the Republic of Indonesia (1971-1978), Mukti Ali endlessly promoted intercultural and interreligiuos diologue, tolerance, and harmony. Realizing that Indonesia is a pluralistic society, Mukti Ali adopted an approach called ‘agree in disagreement’ in the effort of creating and supporting tolerance, harmony, and security among people of different religious traditions. This paper will highlight the principles and values which Mukti Ali struggled for during his long administrative and academic careers.[Mukti Ali (1923-2004) adalah salah seorang intelektual Muslim ternama di Indonesia. Dia dedikasikan hidupnya untuk menyemai dialog, toleransi dan kehidupan harmonis antar tradisi, budaya dan agama yang beragam. Dalam berbagai karya akademiknya, Mukti Ali selalu menekankan pentingnya kehidupan harmonis dan toleransi antar pemeluk agama dan budaya. Lebih dari itu, dia melampaui hanya sekedar batas pemikiran dengan mengimplementasikan gagasan-gagasannya tersebut. Sebagai seorang ilmuwan dengan keahlian perbandingan agama dan sebagai Menteri Agama RI (1971-1978), Mukti Ali dengan kukuh memperjuangkan dialog, toleransi dan kehidupan harmonis antar agama dan budaya. Mukti Ali sadar, Indonesia adalah negara yang plural, karena itu dia menawarkan pendekatan “agree in disagreement” untuk menciptakan harmoni dan toleransi tersebut. Tulisan ini mengulas prinsip dan nilai yang diperjuangkan Mukti Ali selama karir akademiknya dan sebagai Menteri Agama.]

scholarly journals Disillusionment of Althusserism and Rebellious Individualism

2020 ◽  
Vol 3 (5) ◽  
pp. 87-92
Author(s):  
Marziyeh Farivar ◽  
Mahboobeh Mirzadeh Nodeh
Keyword(s):  
Comparative Study ◽  
Social Relation ◽  
Individual Member ◽  
Dramatic Works ◽  
True Nature ◽  
Ideological Discourse ◽  
The People ◽  
The Social ◽  
The Subject ◽  
The Way

This paper is a comparative study of two dramatic works of Henrik Ibsen’s “An Enemy of the people”, written in 1882, and Akbar Radi’s “The Savior in the Damp Morning” written in1986. It is an attempt at elaborating Althusser’s clarification of the term ‘Ideology’ as the disillusionment when the individualistic features are considered. This refers to the opposition which exists between how the ideological discourse functions and what an individual member of a society intents to establish. Rebelliousness is one of the significantly controversial characteristics of individualism which is regarded as its chaotic expression which can disrupt and rebuild the current ideology. In both Althusserism and Individualism, the subject holds the ideology that has been implicitly or explicitly defined due to the fact that the subject is exposed to as well as involved with it. Since the subject is the performer of certain acts and the conveyor of certain thoughts, the social relation which is constructed is determined according to the overall production or benefit for all those who are involved within the community. The ideology of social relation discredits the attempts of subjects at revealing self-governing and self-determining ideas which lead to disillusionment. This comparative study is, by and large, displaying the way two dramatists, who belong to completely distinct cultures and societies, presented the ideologies of their time and the true nature of invisible power discourses.

Formalizing Property Rights

2000 ◽  
Author(s):  
Peter Dale ◽  
John McLaughlin
Keyword(s):  
Property Rights ◽  
Common Law ◽  
Formal Property ◽  
Legal Systems ◽  
Top Down ◽  
Bottom Up ◽  
The People ◽  
Greater Cairo ◽  
The Law ◽  
Eastern European Countries

Property systems may be formal or informal. Formal property systems are those where the interests are explicitly acknowledged and protected by the law. This is the case for the vast majority of property rights in developed countries. Informal property interests are those that are recognized by the local, informal community but which are not formally acknowledged by the state. They exist in most developing countries outside the legal system and are often the result of inadequate legislation, or excessive and inefficient bureaucracies. Many legal systems, such as those based on the French Napoleonic code, have been established ‘top down’ with a framework of law imposed by legislators. The common law systems on the other hand are based on a ‘bottom-up’ approach in which the customs and practices of the people eventually become written down and accepted within a statutory framework. Historically, common law systems grew out of informal systems and, through the body of case law that developed, gradually became accepted across the whole of the jurisdiction. ‘Top-down’ legal systems are essentially negative in that actions may not be undertaken unless they are permitted by the law; ‘bottom-up’ systems generally work on the basis that anything is permitted unless explicitly forbidden by the law. In many of the central and eastern European countries, land reform has been delayed because there were decisions that could not be taken because there was no law that permitted them. Rather than move on with the processes, laws had to be drafted and agreed specifying that such actions were permissible. As an example, work could not be contracted out to the private sector because the law did not say that this was permissible; there was however no statement that such action was forbidden. Informal systems of tenure provide no state security but can, in practice, be sufficiently robust for the people in the areas concerned to invest in housing and development; an estimated three-quarters of Greater Cairo, for example, is said to have been developed without formal approvals.

scholarly journals A comparative study on competition laws and practices between Saudi Arabia and the United States

2021 ◽  
pp. 1-14
Author(s):  
Hussain N. Agil ◽  
Keyword(s):  
United States ◽  
Saudi Arabia ◽  
Comparative Study ◽  
The United States ◽  
Political Organization ◽  
Striking Similarity ◽  
Legal Systems ◽  
Islamic Jurisprudence ◽  
Competition Laws ◽  
Similarities And Differences

This paper mainly compares the prevailing competition laws and practices of both the United States of America and Saudi Arabia with respect to their historical development and the legal systems of these countries. These objectives emanate from the globalization of trade and commerce, which necessitates considerable knowledge on the part of the global investors of the similarities and differences between the two countries for ease of trade. Being a comparative study, the current work adopts a comparative analysis methodology whose main objective is to evaluate the characteristics of each competition practice. Furthermore, there has been a need to reconcile the various views regarding the practices in both systems, as some deemed them similar while others advanced that they were opposites. The results of the research were quite mixed. The research established that the similarities and differences between the competition laws of both countries vary depending on each country’s unique legal systems, socioeconomic practices, political organization, and legislations. Generally, some of these factors, particularly the political organization, resulted in the commercially restrictive practices culminating in price violation. A striking similarity is that both competition practices do not prohibit domination by a given business entity but instead prohibit the abuse of such dominance. Alternatively, a key difference between them is that while Saudi laws are borrowed from the Islamic Sharia laws, the American system is tailored to capitalistic principles. Notably, the Saudi laws are reflective of the much broader Islamic jurisprudence. This paper shall be essential because it deconstructs the competition practices of American Law and Islamic Jurisprudence in an easier way, hence helpful to those interested in this research area.

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