scholarly journals The Paradoxical Use of the Term Sulh: An Analytical Study from Quranic Perspective

2020 ◽  
Vol 16 (1) ◽  
pp. 1-14
Author(s):  
Muhammad Rafiqul Hoque ◽  
Muhammad Mustaqim Mohd Zarif
Keyword(s):  
Qualitative Study ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Analytical Study ◽  
Judicial System ◽  
The West ◽  
The World ◽  
History Of ◽  
Two Sides

Dispute resolution systems are broadly divided into two sides namely Judicial Dispute Resolution (JDRS) and Non-Judicial Dispute Resolution Systems (NJDRS). The first one is more formal, and the latter is informal which is known as Alternative Dispute Resolution (ADR) all over the world. Though ADR is claimed to be a great innovation of the West, it is found to be practiced in the Islamic Judicial System from its very inception. ADR was practiced throughout the history of Islamic Judiciary as sulh. However, the use of the word sulh in the meaning of ADR needs to be explained in the present judicial context. Scholars sometimes discussed sulh as a system parallel to ADR and sometimes as a process, which creates confusion in its multiuse. Hence, this study aims at eliminating this confusion on the paradoxical use of the term sulh as a system for dispute resolution as well as a process of that system. At present, hardly any study has precisely differentiated between them. Thus, this qualitative study focuses on discussing it primarily from the perspectives of the Quran, documented sources as well as interviews. The major finding of this study is that sulh, comparing with present day ADR, does not need to be used paradoxically. The main contribution of the study is to propose a clarification of sulh in the line of ADR fruitfully. The findings of this study are not only useful in clarifying the exact meanings of the term as used in different contexts but also applicable to solve problems faced by arbitrators involved in various indigenous traditional dispute resolution systems such as shalish in Bangladesh and elsewhere.

Ṣulḥ: Arbitration in the Arab–Islamic World

2015 ◽  
Vol 29 (1) ◽  
pp. 92-99
Author(s):  
Hamad al-Humaidhi
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Arab World ◽  
Third Party ◽  
Legal Process ◽  
The West ◽  
Islamic World ◽  
Community Ties ◽  
Relational Factors ◽  
History Of

Ṣulḥ, the basis of dispute resolution in the Arab world, is governed not only by rules of law and legal process. Relational factors and the notion of collective interests such as family, tribe, community, country, religion, and race, also come into play. Harmony within the culture is perceived as a duty on its members, including third-party interveners: i.e., a judge, arbitrator, or conciliator. For this reason, regional implementation of alternative dispute resolution techniques should take into consideration collective interests as well as ṣulḥ as core of the Islamic system in order to resolve the dispute while maintaining familial, religious, and community ties. This article discusses the history of ṣulḥ, its foundations and implementation within the Arab–Islamic region. The conclusion will draw a distinction between the Arab view of ṣulḥ versus alternative dispute resolution in the West.

scholarly journals The sportification of judo: global convergence and evolution

2013 ◽  
Vol 8 (2) ◽  
pp. 299-317 ◽  
Author(s):  
Shohei Sato
Keyword(s):  
Nineteenth Century ◽  
Global Convergence ◽  
Martial Arts ◽  
Way Of Life ◽  
The West ◽  
Modern Times ◽  
The World ◽  
History Of ◽  
Almost All ◽  
Olympic Sport

AbstractThis article re-examines our understanding of modern sport. Today, various physical cultures across the world are practised under the name of sport. Almost all of these sports originated in the West and expanded to the rest of the world. However, the history of judo confounds the diffusionist model. Towards the end of the nineteenth century, a Japanese educationalist amalgamated different martial arts and established judo not as a sport but as ‘a way of life’. Today it is practised globally as an Olympic sport. Focusing on the changes in its rules during this period, this article demonstrates that the globalization of judo was accompanied by a constant evolution of its character. The overall ‘sportification’ of judo took place not as a diffusion but as a convergence – a point that is pertinent to the understanding of the global sportification of physical cultures, and also the standardization of cultures in modern times.

Scandinavian Thing-steads

Antiquity ◽  
1928 ◽  
Vol 2 (7) ◽  
pp. 328-336
Author(s):  
F. Wildte
Keyword(s):  
Judicial System ◽  
Christian Faith ◽  
The South ◽  
The West ◽  
History Of ◽  
History Of Law ◽  
English Speaking ◽  
The Many ◽  
Judicial Systems

The Scandinavian peoples emerge into the light of history much later than their neighbours in the South and the West, the Teutons on the Continent and in England. It was only through the Viking raids that the Nordic peoples came into touch with the rest of Europe, and were gradually converted to Christianity. Long after the introduction of the Christian faith they preserved many peculiar and archaic traits. Thus the Nordic peoples retained, with great tenacity and conservatism, their ancient judicial system. This system has therefore been the object of considerable interest even outside Scandinavia, although the manuscripts through which it has become known are much later than the corresponding documents of other Teutonic nations.An investigation of the localities where justice was dispensed in former ages is of importance not only for the history of civilization, but also as a complement to the study of oral and written tradition, and thus to the history of law itself. In view of the many points of similarity between the judicial systems of the various Teutonic nations, some notes on the Thing-steads, or places of assembly, in Sweden, Norway, and Denmark, may perhaps be of interest to English-speaking readers.

scholarly journals In Praise of Irrationality: Self, "East" and "West" in Greek Teachers' Speeches on National Day Commemorations

2014 ◽  
Author(s):  
Lucianna Benincasa
Keyword(s):  
Discourse Analysis ◽  
Social Identity ◽  
Qualitative Study ◽  
The West ◽  
Learning And Teaching ◽  
The Social ◽  
The World ◽  
Group Members ◽  
Social Creativity ◽  
East And West

In this qualitative study of school discourse on national day commemorations, focus is on the "social creativity strategies" through which group members can improve their social identity. Discourse analysis was carried out on thirty-nine teachers' speeches delivered in Greek schools between 1998 and 2004. The speakers scorn rationality and logic, stereotypically attributed to "the West" (a "West" which is perceived not to include Greece), as cold and not human. The Greeks' successful national struggles are presented instead as the result of irrationality. They claim irrationality to be the most human and thus the most valuable quality, which places Greece first in the world hierarchy. The results are further discussed in terms of their implications for learning and teaching in the classroom, as well as for policy and research.

A Cultural History of Objects in the Modern Age

2021 ◽  
Keyword(s):  
Cultural History ◽  
21St Century ◽  
Global Changes ◽  
New Materials ◽  
The West ◽  
Post Colonial ◽  
Everyday Objects ◽  
Modern Age ◽  
The World ◽  
History Of

A Cultural History of Objects in the Modern Age covers the period 1900 to today, a time marked by massive global changes in production, transportation, and information-sharing in a post-colonial world. New materials and inventions – from plastics to the digital to biotechnology – have created unprecedented scales of disruption, shifting and blurring the categories and meanings of the object. If the 20th Century demonstrated that humans can be treated like things whilst things can become ever more human, where will the 21st Century take us? The 6 volume set of the Cultural History of Objects examines how objects have been created, used, interpreted and set loose in the world over the last 2500 years. Over this time, the West has developed particular attitudes to the material world, at the centre of which is the idea of the object. The themes covered in each volume are objecthood; technology; economic objects; everyday objects; art; architecture; bodily objects; object worlds.

Protección del consumidor en los mercados: una perspectiva romanística del derecho de información y la transactio

2020 ◽  
Vol 60 (3) ◽  
pp. 299-324
Author(s):  
José Luis Zamora Manzano
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Alternative Dispute Resolution ◽  
Roman Law ◽  
Weights And Measures ◽  
Consumer Law ◽  
Alternative Method ◽  
History Of ◽  
Eu Directives

In the present paper, we will focus on information on consumer protection and mediation which allows a much quicker resolution of any conflicts that arise in the matter of consumption, emphasizing the sources of Roman law where we find the Consumer protection carried out by the aediles, who were in charge of controlling and monitoring the markets, speculation and weights and measures, for this we analyze mainly sources such as D.21.1.1.1 and the vice that originated the redhibition D.21.16 and 21.1.14.10, among others. Moreover, the jurisdiction of the aediles developed in the same way as the praetors within their sphere of competence of the markets, the resolution of conflicts through the transaction that implies a history of mediation and that today is articulated as an alternative method of dispute resolution. Subsequently we analyze the bases that remain on some principles of current consumer law and the panorama that shows the incorporation of EU directives such as 2011/83/EU and the recent 2013/11/EU that encourages alternative dispute resolution (ADR).

Consensual Dispute Resolution with Same-Sex Couples

2018 ◽  
pp. 133-146
Author(s):  
Diane M. Goodman ◽  
Mariette Geldenhuys
Keyword(s):  
Dispute Resolution ◽  
Judicial System ◽  
Same Sex ◽  
Same Sex Couples ◽  
Professional Needs ◽  
History Of ◽  
Similarities And Differences ◽  
Collaborative Law

This chapter discusses the role of consensual dispute resolution (CDR), which allows parties to resolve their disputes outside of the judicial system, in same-sex relationship dissolutions. Two forms of CDR are mediation and collaborative law. In mediation, the parties meet with a neutral professional who helps the parties identify and resolve their disputes. In collaborative law, each party is represented by a collaborative attorney. The chapter, outlines characteristics of mediation and collaborative law, including their similarities and differences, and the tenets of a collaborative divorce. It then describes how the history of discrimination in the courts has affected LGBTQ families and made the use of CDR a more satisfactory and safe way to uncouple. It examines the unique issues that arise for some LGBTQ clients. Lastly, it reviews the skills a CDR professional needs to work with LGBTQ clients.

Editing the first Journal of World History: global history from inside the kitchen

2019 ◽  
Vol 14 (2) ◽  
pp. 157-178
Author(s):  
Gabriela Goldin Marcovich ◽  
Rahul Markovits
Keyword(s):  
Subject Matter ◽  
World History ◽  
Global History ◽  
The South ◽  
The West ◽  
The World ◽  
History Of ◽  
Relational History

AbstractThis article offers the first study of the Cahiers d’Histoire Mondiale, the Journal of World History published under the auspices of UNESCO from 1953 to 1972 as a by-product of the ‘History of mankind’ project. Drawing on material in the UNESCO archives, it delves into what Lucien Febvre, the first editor of the Cahiers, called his ‘kitchen’, in order to understand world history as a practice. Data on author origin and article subject matter point to the journal’s mitigated success in overcoming Eurocentrism. The article ultimately contends that the Cahiers was at once a laboratory that experimented with new forms of relational history, and a forum where the very nature of world history was discussed by scholars from around the world (mainly from the West, but also from the East and the South). It suggests that today’s epistemological discussion on global history might benefit from the reflection offered by this now largely forgotten experiment.

scholarly journals XIII.—Further Facts in the History of the Early Discovery of Australia

Archaeologia ◽  
1874 ◽  
Vol 44 (2) ◽  
pp. 233-241
Author(s):  
Richard Henry Major
Keyword(s):  
British Museum ◽  
The West ◽  
Gold Mines ◽  
Good Fortune ◽  
Special Commission ◽  
The World ◽  
History Of ◽  
Cape York ◽  
First Time

In the year 1861 I had the satisfaction of laying before the Society of Antiquaries, and thereby making known to the world for the first time, the important fact that the great continental island of Australia had been discovered in the year 1601 by a Portuguese navigator, named Manoel Godinho de Eredia. Up to that time the earliest authenticated discovery of any part of the great southern land was that made a little to the west and south of Cape York by the commander of the Dutch yacht the Duyfhen, or Dove, about the month of March 1606. Thus the fact which I announced in 1861 gave a date to the first authenticated discovery of Australia earlier by five years than that which had been previously accepted in history, and transferred the honour of that discovery from Holland to Portugal. The document on which this fact, so entirely new to the world, was based, was a MS. Mappe-monde in the British Museum, in which, on the northwest corner of a country which could be shown beyond all question to be Australia, stood a legend in Portuguese to the following effect:— “Nuça antara was discovered in the year 1601 by Manoel Godinho de Eredia, by command of the Viceroy Ayres de Saldanha.” This mappe-monde had the great disadvantage of being only a copy, possibly made even in the present century, from one the geography of which proved it to be some two centuries older. Still, the mere fact of its being a copy laid it open to a variety of possible objections, which fortunately I was able to forestall by arguments that I believe to be unanswerable, and which I think I need not repeat now, as they are already printed in the “Archaeologia,” vol. xxxviii. I will merely say that I had the good fortune at the time to find a happy confirmation of what was stated in the map in a little printed work which described the discoverer as a learned cosmographer and skilful captain, who had received a special commission from the Viceroy at Goa to make explorations for gold mines, and at the same time to verify the descriptions of the southern islands.

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