scholarly journals PROTECTION OF WIFE'S RIGHT TO MAINTENANCE IN BANGLADESH: AN OVERVIEW

2021 ◽  
Vol 9 (2) ◽  
pp. 129-136
Author(s):  
Nahid Ferdousi
Keyword(s):  
Social Justice ◽  
Legal System ◽  
Muslim Women ◽  
Judicial Activism ◽  
Legal Procedure ◽  
Personal Law ◽  
Islamic Values ◽  
Legal Right

Muslim wife has a legal right of maintenance which devolves upon her husband. This rights exclusively created by the marriage and wife is entitled to maintenance during the subsistence of the marriage and after divorce for iddat period under the Islamic Shariah and Muslim personal law in Bangladesh. Usually, the Muslim women enforces the claim for her maintenance while obtaining divorce. Divorce brings distress in her life and it also creates  jeopardized situation in the society. In doing so, the controversy arises regarding the post-divorce maintenance beyond iddat period of Muslim women under Islamic Shariah. Though the judiciary of many countries are trying to reform on the post-divorce maintenance but judicial activism of the country have not much advancement in this issue. Hence, the divorced Muslim women are not entitled post-divorce maintenance beyond iddat period in the country. In addition, often women are not get access to family justice rather they suffered adversely for difficulties of legal procedure, male oriented society and non implementation of Islamic values. Therefore, majority divorced woman face many challenges of social justice and not being protected in the present legal system. The study focuses how and to what extent Muslim wife's are being protected through maintenance under the Islamic Shariah as well as  the Muslim personal law in Bangladesh.

Public Finance and Personal Law in Late Colonial India

2018 ◽  
Author(s):  
Eleanor Newbigin
Keyword(s):  
Public Finance ◽  
Twentieth Century ◽  
Legal System ◽  
Income Tax ◽  
Economic Value ◽  
Indian Society ◽  
Personal Income Tax ◽  
Colonial India ◽  
Indian State ◽  
Personal Law

This chapter considers the ways in which the fiscal demands of representative government, and specifically the development of a direct, personal income tax, impacted legal subjecthood during India’s transition to Independence. It shows how early twentieth-century understandings of economic value and public finance were embedded into Indian society and legal system through discussions about personal law. This had particular consequences for Hindu personal law, which, under pressure from a centrally administered income tax regime, was re-imagined as a singular, homogeneous all-Indian legal system in ways that rendered the Hindu joint family synonymous with the representative and fiscal structures of the Indian state.

scholarly journals Muslim Personal Laws and the Accommodation of Minorities: The Need to Better Balance Individual Rights and Group Autonomy in Singapore

2019 ◽  
Vol 20 (7) ◽  
pp. 1079-1095
Author(s):  
Noor Aisha Abdul Rahman
Keyword(s):  
Legal System ◽  
Well Being ◽  
The State ◽  
Political Issues ◽  
Minority Community ◽  
Muslim Minority ◽  
The Right ◽  
Personal Law ◽  
Muslim Minorities ◽  
Direct Incorporation

AbstractThe accommodation of religious personal law systems is an issue that has arisen in many countries with significant Muslim minorities. The types of accommodations can range from direct incorporation into the state legal system to mere recognition of religious tribunals as private organs. Different forms of accommodation raise different types of legal, social, and political issues. Focusing on the case of Singapore, I examine one form of accommodation which entails the direct incorporation of this law regulating marriage, divorce, and inheritance for Muslims into the state system. Administered by the Administration of the Muslim Law Act, 1966, the Muslim law binds Muslims unless they abjure Islam. The resulting pluralistic legal system is deemed necessary to realize the aspirations of and give respect to the Muslim minority community, the majority of whom are constitutionally acknowledged as indigenous to the country. This Article examines the ramifications of this arrangement on the rights and well-being of members of this community in the context of change. It argues that, while giving autonomy to the community to determine its personal law and advancing group accommodation, the arrangement denies individuals the right to their choice of law, a problem exacerbated by traditionalism and the lack of democratic process in this domain. Consequently, the Muslim law pales in comparison to the civil law for non-Muslims. The rise of religious resurgence since the 1970s has but compounded the problem. How the system can accommodate the Muslim personal law without compromising the rights of individual Muslims is also discussed.

Judges and Policy Making Authority in the United States and the European Union

ICL Journal ◽  
2014 ◽  
Vol 8 (2) ◽  
Author(s):  
Antonios E. Kouroutakis
Keyword(s):  
Supreme Court ◽  
Legal System ◽  
The United States ◽  
Legal Order ◽  
European Court Of Justice ◽  
Judicial Activism ◽  
Court Of Justice ◽  
European Court ◽  
The Us ◽  
Us Supreme Court

AbstractInstitutions such as the US Supreme Court and the European Court of Justice in due time have developed a status of supremacy through judicial activism. The main target of the article is to identify the judicial activism exercised by these Courts and to reason its need in the legal order. In the first part the US Supreme Court and the European Court of Justice are placed in the overall polity that they belong to and the development of their status and their characteristics are analyzed. The major concern of the first part is to examine how those declared their supremacy and focus on major cases and their reason­ing.In the second part the extent of the judicial supremacy in each legal order is discussed and its effects in the decision making process are examined. The assumption that judicial activ­ism is acceptable only if it expresses consensus in the legal order is tested and it is argued that up to an extent, Judicial Activism does not distort the political agenda when it ex­presses the consensus of the legal system. Finally, it is argued that when such activism exceeds the boundaries of the consensus, the other actors in the legal system would even­tually react and would limit such activism.

scholarly journals ANALISA KONSEP UNIVERSALITAS NILAI ISLAM DAN PANCASILA (STUDI PEMIKIRAN YUDI LATIF)

2019 ◽  
Vol 23 (2) ◽  
pp. 99
Author(s):  
Rizaldy Purnomo Pedju
Keyword(s):  
Social Justice ◽  
Political Values ◽  
Rational Support ◽  
Islamic Values

This article discusses the analysis of the universality concept of Islamic Values and Pancasila in yudi latif's discussion contained in his works. The successor to the Pancasila pride, was able to actualize Pancasila with historical and rational support, by not forgetting the religious, social, cultural and political values in the ideology of Pancasila. The concept of yudi latif in the presentation of his thoughts is able to bring precepts in Pancasila using Indonesian specialties, by providing historical space in the narrative that supports and does not eliminate religiosity, diversity, consultative democracy and social justice. The concept of universality in the values of Islam and Pancasila is expected to be able to dismiss the narratives of radicalism, islamophobia which is developed rapidly developed. This latif thought, is able to provide ontological, epistemological, and axiological understanding between Islam and Pancasila as we.ll as the two things that interrelated to one another.                                                             Keywords : Yudi Latif;  Analysis; Universality; Islamic Value; Pancasila Value Artikel ini membahas tentang analisa konsep universalitas Nilai Islam dan Pancasila dalam pemikiran Yudi Latif yang termaktub dalam karya-karyanya. Bapak penerus marwah Pancasila ini, mampu megaktualisasikan Pancasila dengan pendekatan historis dan rasional, dengan tidak melupakan nilai agama, sosial, budaya dan politik dalam pengalian ideologi Pancasila. Konsep yudi latif dalam penyajian pemikirannya mampu membawa sila per sila dalam Pancasila kedalam khasanah khas keindonesiaan, dengan memberikan ruang sejarah dalam narasi pemikirannya serta tidak melupakan unsur religiusitas, sebagaimana dalam pembahasan penulis bahwa nilai islam dan nilai Pancasila terkandung dalam Ketauhidan, Kemanusiaan Universal, Persatuan dalam Keragaman, Demokrasi Permusyawaratan serta Keadilan Sosial. Konsep universalitas nilai islam dan Pancasila diharapkan mampu menepis narasi-narasi radikalisme, islamophobia yang marak berkembang belakangan ini. Pemikiran yudi latif secara aktual, mampu memberikan integrasi pemahaman antara islam dan Pancasila secara ontologis, epistemologis, dan aksiologis merupakan dua hal yang saling terhubung satu sama lainnya. Kata Kunci : Yudi Latif; Analisa; Universalitas; Nilai Islam; Nilai Pancasila

scholarly journals Analysis of the Jurisdiction of the Courts of First Instance of Turkey

2019 ◽  
Vol 12 (5) ◽  
pp. 79
Author(s):  
Ravil R. Zainashev ◽  
Idris M. Gilmanov ◽  
Muhamat M. Gilmanov
Keyword(s):  
Legal System ◽  
Scientific Research ◽  
Judicial System ◽  
European Countries ◽  
Legal Procedure ◽  
Criminal Offenses ◽  
History Of ◽  
Simplified Procedures ◽  
Criminal Matters ◽  
Justice Of The Peace

The article presents three periods from the history of the legal system of Turkey, the knowledge of which will allow for objective scientific research. Indeed, each period has contributed to the development of the judicial system. Of particular importance will be the attitude of the legislator to the justice of the peace in criminal matters with a maximum sentence of up to 1 year in prison. The latter since 2014 were abolished and their load was redistributed to a higher authority. France did likewise, which also rejected justice of the peace. In addition, this study addresses the issues of the accelerated process, which was either introduced or canceled. In Russia, a simplified legal procedure has been successfully applied. Most European countries apply simplified the legal procedure to criminal offenses for which the maximum sanction of punishment is up to five years in prison. In Turkey, a simplified legal procedure was applied to criminal offenses with a maximum sentence of up to 2 years in prison. Despite a small sanction and tendencies in other countries to introduce simplified procedures, the Turkish legislator refused this practice.

Advice, Advisers, and Courtiers Decision Making and Advice in the Royal Book of the Illustrated Chronicle Compilation

2020 ◽  
pp. 259-298
Author(s):  
Daniel B. Rowland
Keyword(s):  
Decision Making ◽  
Political Culture ◽  
Legal System ◽  
The Political ◽  
Legal Procedure ◽  
Time Of Troubles ◽  
Judicial Procedure ◽  
Crucial Ingredient

This chapter investigates the problem of advice and advisers in the political culture of Muscovy, which was found to be vitally important to the various authors of the tales about the Time of Troubles. It shows that consultation with advisers, together with other legitimizing factors, was a crucial ingredient in the Illustrated Chronicle Compilation (ICC) when depicting proper judicial procedure prior to punishment. It also discusses ICC artists that were careful to represent the legitimating features of legal procedure, which were notably absent in cases of violence processed outside the official legal system. The chapter focuses on the imagery in the ICC that depict crucial moments in the succession from Vasilii III to Ivan IV. It confirms whether the pattern of presenting the monarch together with its advisers holds true for the ICC.

Examples of Alternative Legal Systems in India

2019 ◽  
pp. 47-73
Author(s):  
Mahendra Pal Singh ◽  
Niraj Kumar
Keyword(s):  
Legal System ◽  
The State ◽  
Customary Law ◽  
Formal Definition ◽  
Legal Systems ◽  
Uniform Law ◽  
Definition Of ◽  
Cultural Freedom ◽  
Personal Law

There are systems of law within the Indian jurisdiction that either do not rely on the state legal system at all or rely on it only partially. These include systems of religious personal law, tribal customary law, and other similar indigenous mechanisms of administering justice and settling disputes. The formal definition of law in India, along with constitutional provisions which guarantee religious and cultural freedom and allow for modes of self-governance, accommodates different legal systems with indigenous or traditional roots. Moreover, local and village bodies such as traditional or caste councils operate in independent India as well, further questioning the rhetoric of uniform law in India.

Police Procedures and Petitions in Roman Egypt: The Role of Village Officials

2020 ◽  
pp. 20-40
Author(s):  
Roberto Mascellari
Keyword(s):  
Legal System ◽  
Primary Role ◽  
Legal Procedure ◽  
System P ◽  
Roman Egypt ◽  
Local Officials ◽  
Police System

This chapter examines how far village officials were involved in the handling of crimes in the first three centuries of Roman rule in Egypt (AD I–III). Village officials played a primary role in the early enquiries, as they represented the main point of contact for any villager who sought guidance and support in case of offence. They were assigned well-defined tasks in the police system and were able, within fixed limits, to act independently from higher authorities. The evidence shows that the interaction between villagers and local officials after crime was reported often determined the adoption of a specific legal procedure by the offended party: frequently, the prompt submission of written complaints to higher officials. This study suggests that, contrary to some previous views, the work of village officials in dealing with crime was fundamental for the functioning of the broader police and legal system.

Civil disobedience and constituent power

2015 ◽  
Vol 11 (4) ◽  
pp. 462-480
Author(s):  
Richard Nobles ◽  
David Schiff
Keyword(s):  
Legal System ◽  
Political System ◽  
Civil Disobedience ◽  
The Political ◽  
Constituent Power ◽  
Structural Coupling ◽  
Current Configuration ◽  
Law And Politics ◽  
Discretionary Powers ◽  
Legal Right

AbstractThis paper uses the example of civil disobedience to explore Luhmann's description of the constitution as structural coupling between law and politics. Civil disobedience highlights the paradox of constituent and constituted power. The claims made for constituent power provide a basis for challenging the current configuration and expression of constituted power. This paradox is first avoided in the legal system through that system's inability to recognise a legal right to disobey law. In turn, a political system that has, under conditions of modernity, increasingly second coded power as legality, has an ever decreasing capacity to include communications that acknowledge a right to disobey law. Civil disobedience is only able to operate within the political system in the form of protest, and is accommodated through the exercise of discretionary powers. However, juridification of those powers has the capacity to threaten this accommodation.

scholarly journals PENGARUH PERCEIVED VALUE MUSLIMAH MUDA TERHADAP KEPUTUSAN BERKUNJUNG DI DESTINASI HALAL PULAU LOMBOK

2020 ◽  
Vol 9 (4a) ◽  
pp. 1
Author(s):  
Baiq Nikmatul Ulya ◽  
Sulhaini Sulhaini ◽  
Baiq Handayani Rinuastuti
Keyword(s):  
Quantitative Research ◽  
Social Values ◽  
Perceived Value ◽  
Muslim Women ◽  
Sampling Technique ◽  
The Other ◽  
Purposive Sampling ◽  
Perceived Values ◽  
Islamic Values ◽  
Lombok Island

This study aims to examine the effect of perceived values, including functional, emotional, social, epistemic, conditional, and Islamic values on the decision to visit halal destination of Lombok Island. The samples were 150 young Indonesian female Muslim tourist who had visited the halal destination, aged 16-30 years. The method used is quantitative research with purposive sampling technique. The result showed that from six variables, four variables, i.e. emotional, epistemic, conditional, and Islamic values have significant effect on decision to visit, while the other two, namely: functional and social values have no significant effect on decision to visit the halal destination.Keywords:Perceived value, young Muslim women, visiting decisions, halal destinations, Lombok island

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