Alteration of the Subject (mawḍū‘) of Apostasy and Objecting to the Perpetual Applicability of the Death Penalty for Blasphemy and Apostasy

2020 ◽  
pp. 225-237
Author(s):  
Mohsen Kadivar

This chapter is the ninth section of Kadivar’s ‘Treatise on Refuting the Punishment for Blasphemy and Apostasy’. It analyses four issues: The Method of Retaining the Permanent Nature of a Legal Ruling, A Comparison between the Permanence of Killing an Apostate with the Ruling on Theft and Some Rulings on Jihad, Change of the Subject Matter of Apostasy from the Time of the Imams to Now, and Apostasy and Freedom of Thought. In the estimation of rational beings, the subject matter of apostasy in the Qur’an, the hadith corpus, and past rulings is not identical to its understanding in our times, because the subject matter in the former is broader than changing one’s religion or leaving Islam. It extends to both aligning oneself with the enemies of and propagandising against Muslims, which would constitute a form of political, military and cultural rebellion against the state’s authority. But today, changing one’s faith is understood to be merely a conversion without any ulterior motives. Contemporary rational beings consider the subject matter of apostasy to be connected with religious and cultural freedom, whereas Islamic jurisprudence considers it to be a political crime: belligerency against the state. These two viewpoints are poles apart.

2021 ◽  
Vol 13 (2) ◽  
pp. 319-329
Author(s):  
Kamaluddin Abbas

The government has made many laws and regulations, but corruption issues cannot yet be controlled. Police and Prosecuting Attorney Institutions have not yet functioned effectively and efficiently in eradicating corruption. Therefore, the public hopes Komisi Pemberantasan Korupsi (KPK)/the Corruption Eradication Commission eliminates the crime. KPK is considerably appreciated by the public due to Operasi Tangkap Tangan (OTT)/Red-handed Catch Operation to many government officials involved in bribery action, but the subject matter thereof is whether the OTT is in line with the fundamental consideration of KPK founding pursuant to Law Number 30 of 2002 as updated by the Law Number 19 of 2019 in order to increase the eradication of corruption crime causing the state's financial loss with respect to people welfare particularly KPK powers pursuant to the provision of Article 11 thereof, among others, specifying that KPK shall be authorized to conduct inquiry, investigation and prosecution on corruption crime related to the state financial loss of at least Rp 1,000,000,000 but in fact many OTTs performed by KPK have a value of hundred million Rupiah only and even there are any cases below Rp 100,000,000.-, and bribery action control through OTT being more dominant if compared to the state's financial corruption is not in line with the primary consideration of KPK founding, and similarly the OTT below 1 billion Rupiah doesn't conform to the provision of Article 11 thereof.


Author(s):  
Seema Shrivastava

Food processing industry (FPI) is at a nascent stage and is tagged as a sunshine industry. The efficiency and productivity of the inputs for the aforesaid industries have to be measured to not only find out if the potential is achieved or not, but also to identify the grey areas. Against such a backdrop, it is obvious that industries like FPI would grow and become the subject matter for further investigation. The research revealed that the majority of cases have been consistent with the real facts and the underlying principles, and the structure of the economy provide valid reasons for it. However, in some cases, the results have not been consistent with the movement of the economy and there are no valid economic reasons for the performance of the state.


2020 ◽  
Vol 35 (2) ◽  
pp. 215-249
Author(s):  
Haider Ala Hamoudi

AbstractTwo primary impulses have historically motivated the Iraqi Shi'i juristic establishment in its relations with the Iraqi state. The first, deeply embedded in centuries of Islamic jurisprudence, is to achieve maximum autonomy for the Shi'i community from the state. The second has developed more recently in response to the modern state's efforts to extend its hegemonic control over areas that premodern empires were content either to leave to the jurists to administer or at least to share the administration of with jurists. This is to have the state recognize and implement Shi'i rules within parts of the state infrastructure that are of core interest to the juristic establishment. There is an obvious tension between these two desires, nowhere more evident than in the subject of this article—namely, the law pertaining to the creation, management, and liquidation of the Islamic charitable land trust known as the waqf. On the one hand, Article 43 of Iraq's constitution declares the followers of religions and sects to be “free” in administering the waqfs and their affairs, suggesting a strong desire for autonomy and separation from state control. Yet the implementing legislation for this provision extends the existence of a thick state bureaucracy and hands its administration over to juristic authorities. The ultimate irony of this arrangement is that it subjects juristic forces to far more potential interference as a legal matter than they have ever been subjected to, even during the totalitarian rule of the Ba'ath. In the end, a religious establishment historically deeply suspicious of political rulers and political engagement—indeed, one that defines itself by virtue of its separation from the state—now finds itself deeply and dangerously entangled in state political and administrative affairs. This article explores how this came to be and some of the significant consequences that arise from it.


Author(s):  
Filippo Sabetti

This article attempts to take stock of the state of research on democracy and culture by providing answers to several sets of questions. It seeks to improve the understanding of the relationship between culture and action, and between political culture and democratic outcomes. The article begins by exploring the way the literature has dealt with the possible meaning of culture and political culture and their relationship to action. It also suggests why there has been little contribution to democracy derived from political culture research, and identifies how the efforts to rethink how and why the subject matter is approached in certain ways led many analysts to break out of established epistemological demarcations. This eventually led to the reinvigorated tools of investigation and research on democracy and civic culture. The article concludes with a discussion on the implications of improved tools of investigation for future research.


1977 ◽  
Vol 11 ◽  
pp. 25-35
Keyword(s):  

The subject-matter of the D.R.N. is physics, not ethics; yet the genesis of the poem, as of the Epicurean system itself, must be sought in a moral revulsion. This is one of several apparent paradoxes confronting the interpreter of Lucretius. Like Juvenal (though the comparison with Juvenal’s nostalgic myopia should not be pressed) Lucretius looked at the state of mankind and was appalled by what he saw. He himself would have desired no better epitaph than the words that he applied to Epicurus (6. 24-34). But in taking on himself the mantle of Epicurus he did not inevitably become, what page after page of the D.R.N. proclaims him to be, one of the great satirists of all time. This character no doubt suited his bent; if words alone can ever demonstrate what the romantic critic calls sincerity, Lucretius was sincere.


2017 ◽  
Vol 9 (1) ◽  
pp. 123-0
Author(s):  
Zbigniew Niemczyk

The article is concerned with the subject matter of covert policing involving cases where a hostage is unlawfully taken and detained with the purpose of forcing other persons to act in a specific manner. Such activities, being among the most difficult procedures relevant to the work of law enforcement agencies, are usually conducted in conditions determined by a rapidly changing factual situation, high level of criminal conspiracy and the state of permanent risk to the hostage’s life, the saving of which is the ultimate objective of public officers. Due to these factors, covert policing related to this kind of cases — given its nature and its investigative potential — becomes extremely important. The author’s aim is to determine the essence and functions of covert policing, and in particular to present conditions which must be met to adequately process covertly obtained intelligence for the needs of criminal proceedings.


Obiter ◽  
2021 ◽  
Vol 31 (1) ◽  
Author(s):  
Ashley Charles Moorhouse ◽  
David Abrahams

The purpose of this article is to put forward submissions regarding the implementation of a weapons review process in compliance of South Africa’s obligations under Additional Protocol I (hereinafter “API”) Article 36. Article 36 requires each state party to determine whether the employment of any new weapon, means or method of warfare that it studies, develops, acquires or adopts would, insome or all circumstances, be prohibited by international law. Article 36 does not specify how such a legal review should be implemented or conducted. Thus this article puts forward proposals regarding both the substantive and procedural aspectsof a review of the legality of weapons, means and methods of warfare that the authors submit best befits the South African context.A background regarding the legal limitations placed upon the use of certain weapons, means and methods of warfare and an explanation of South Africa’s obligations regarding national implementation of a weapons review process, is given in paragraph 1 so as to create an understanding as to why it is necessary for the Republic of South Africa to implement a process to review the legality of weapons, means and methods of warfare. Before the implementation of a weapons review process can be discussed, the subject matter of such a review must first be ascertained. Thus paragraph 2 contains a discussion regarding the definition of the term “weapons, means and methods of warfare” and a determination of which weapons shall form the subject matter of legal reviews. No specific manner of implementation is contained within API and thus it is at the discretion of the state in question, in this case South Africa, to adopt the necessary measures to implement this obligation. In this regard, paragraph 3 contains submissions regarding the status of the review body within the state hierarchy and its method of establishment. This paragraph also contains an explanation of the process by which South Africa acquires its weapons. The legal scope of the review process is dealt with in paragraph 4. Within thisparagraph, the place of both treaty-based law and customary international law (“CIL”) in the South African legal system is discussed. Furthermore, the treaty-law and customary international law rules binding upon South Africa regarding limitations of specific weapons and general weapons limitations are enumerated and the paragraph ends with a discussion of the Martens Clause. 


2018 ◽  
Vol 64 (4) ◽  
pp. 265-280
Author(s):  
M. Maślakowski ◽  
K. Brzeziński ◽  
A. Zbiciak ◽  
K. Józefiak

AbstractThe subject matter of this paper is assessment of the suitability of a dynamic cone penetrometer for determination of the state of soil. The principle of operation of the dynamic cone penetrometer, similar to commonly used DPL penetrometers, is described in the paper. Next the results of investigation conducted in Poland using a new dynamic cone penetrometer are presented. A series of measurements were performed in real field conditions. An attempt was made to correlate the results obtained with the dynamic and static cone penetrometers (CPT) respectively. These correlations were then subjected to validation to obtain a preliminary evaluation of the suitability of the dynamic cone penetrometer for determining the state of soil.


2020 ◽  
Vol 76 (1) ◽  
pp. 112-117
Author(s):  
D. Y. Denischuk

The study is focused on the protection of state secrets in the State Penitentiary Service of Ukraine (SPS). The subject matter of scientific work is the features of state experts on secret issues, whose activities play a key role in classifying information as a state secret. The paper is aimed at analyzing the impact of numerous reforms of the SPS system on the composition and characteristics of the relevant state experts. During the research, the author has carried out the analysis of laws and bylaws, where special attention was paid to the List of officials entrusted with the functions of state experts on secret issues, and the Code of Information Constituting State Secrets. The research emphasizes that the relevance of the analysis is related not only to the already implemented changes in the system of the State Penitentiary Service of Ukraine, but also to the expectation of no less important reforms that significantly affect the structure, subordination and forms of activity of SPS agencies. As a result of the conducted analysis the author has provided characteristics to the features of quantitative and qualitative structure of the state experts which were caused by structural changes of SPS agencies. The peculiarities of the activity of state experts of SPS are characterized, such important requirements to their qualification as the corresponding experience and deep possession of the maintenance and essence of daily needs of SPS system are allocated. The obtained results substantiate the expediency of expanding the composition of state experts on secret issues in the field related to SPS of Ukraine. Based on the findings of the study, the author has offered the position of the Head of the Department for the Execution of Criminal Punishments to be included in the List of officials entrusted to perform the functions of state experts on secret issues.


2016 ◽  
Vol 78 (4) ◽  
pp. 551-570 ◽  
Author(s):  
Paulina Kewes

AbstractThis essay provides a contextual reading of Titus Andronicus, paying close attention to the play's collaborative authorship. Peele and Shakespeare are shown to have manufactured a superficially compelling but in reality utterly fake image of the Roman state as an imaginary laboratory for political ideas, especially the elective principle. Topical allusions and deliberate anachronisms encourage the audience to relate the subject matter to the present, viz., late Elizabethan England in the throes of a succession crisis and rent by confessional divisions. Unlike Peele's solo works, which exhibit a potent anti-Catholic bias, Titus remains confessionally elusive. The play invites the audience to reflect on the viability of particular modes of succession without committing itself either way, and shows that it is not institutional structures and processes but those who use and abuse them that make the difference to the state of the polity.


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