The Ottoman Berats of the Greek Orthodox Patrirach of Jerusalem (1872–1931)

2015 ◽  
Vol 14 (2) ◽  
pp. 189-201
Author(s):  
İhsan Satış ◽  
Muhammed Ceyhan
Keyword(s):  
Public Law ◽  
Greek Orthodox ◽  
Domestic Relations ◽  
Sharia Law ◽  
Executive Authority ◽  
The Way

Ottoman Berats (charters 1 1 The authors prefer to use the term Berat, a Turkish expression which is also used extensively in the literature. The term ‘charter’ has more institutional meaning and since each Patriarch received its own specific Berat so the word charter does not give the full meaning. ) were official documents issued by Sultans delineating the tasks, powers, exemptions and concessions granted to Greek Orthodox Patriarchs to be the applicable within the jurisdiction of the Patriarchs. The Berat also showed that the Patriarch was elected by the Synod and approved by the Sultan. A Patriarch who did not have Berat could not perform his duties or exercise executive authority. This article critically examines the Berats of the Greek Orthodox Patriarch of Jerusalem in the period 1873–1931. These Berats are analysed in terms of their contents as well as in connection to the way non-Muslims were subject to rules which applied to the domestic relations of the Greek Orthodox community and to public law areas which came within the scope of Sharia law.

scholarly journals Takzir sebagai Hukuman dalam Hukum Pidana Islam

2019 ◽  
Vol 21 (2) ◽  
pp. 255-272
Author(s):  
Usammah Usammah
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal System ◽  
National Level ◽  
Public Law ◽  
Community Life ◽  
Positive Law ◽  
Sharia Law ◽  
Interesting Part ◽  
Western Law

Memformalisasikan syariat Islam baik dalam ranah kehidupan bermasyarakat dan sosial, dalam bernegara dan berbangsa tidak jarang terjadi perdebatan, baik perdebatan sosial-politik maupun keagamaan. Perdebatan itu di samping menyangkut memahami ajaran agama dan hubungannya dengan negara-bangsa, juga dalam memahami sistem hukum yang ada dalam negera, lebih-lebih bahwa negera menganut sistem hukum positif yang lebih banyak dipengaruhi oleh hukum barat. Gagasan pemberlakuan hukum pidana Islam tidak serta merta dapat dijalankan dengan baik tanpa adanya legislasi dan pembentukan hukum pidana Islam materil sebagai hukum positif yang berlaku. Juga bahwa hukum pidana Islam adalah hukum publik yang membutuhkan kekuasaan negara baik dalam pembentukannya maupun dalam penegakannya. Dalam hubungannya dengan legislasi dan pembentukan hukum (qanun syariat Islam), maka hal yang sangat menarik adalah bagaimana menentukan bentuk jarimah dan uqubatnya baik yang termasuk dalam kategori hudud, qisas, dan takzir sebagai bagian dari sistem penegakan hukum syariat Islam. Takzir as a Punishment in Islamic Criminal Law The formalizing of Islamic Sharia Law both in the realm of social and community life and also in the state and national level. This issue is frequently debatable, both in socio-political as well as in religious matter. The debate is not only about understanding religious teachings and their relationship with the nation, but also about understanding the legal system applicable in the country, especially the country which apply a positive legal system that influenced by western law. The idea of enforcing Islamic Criminal Law cannot be carried out properly without the existence of legislation and the establishment of Islamic Criminal Law as a positive law that enforced. In addition, Islamic Criminal Law is a public law that requires state power both in its formation and in its enforcement. In relation to legislation and the formation of law (Qanun Sharia), the very interesting part is how to determine the form of rahmah and uqubat both are included in the hudud, qisas and takzir categories as part of the Islamic Sharia law enforcement system.

Technology, Contracts, and Electronic Resources

2012 ◽  
pp. 166-196
Keyword(s):  
Public Services ◽  
Public Law ◽  
Public Access ◽  
Collection Development ◽  
Electronic Resources ◽  
Digital Revolution ◽  
The Public ◽  
Card Catalog ◽  
Electronic Technologies ◽  
The Way

The electronic revolution, which began over fifty years ago, has changed not only the way libraries operate but the way people conduct research and business, interact with each other, socialize, communicate, and even commit crimes. Originally, the phrase “library electronics” referred to an ILS (integrated library system) or an OPAC (online public access catalog). Today, this same phrase refers to not only the ILS, OPAC, and public access computer but to print management and computer reservation software, e-books, CD-ROMs, databases, and CALR vendors. As technology has changed libraries, it has also changed users’ behaviors, research techniques, public services, and the librarian’s role. Intended to be an extension of the collection development and public services chapters, this chapter explores the effect of the digital revolution on the public law library, ways public law libraries can utilize the technology, and how and why these libraries are being driven to increase their use of digital technology. Because contracts are commonly thought of as being associated with electronic resources, the authors have chosen to discuss contract issues in this chapter rather than in the Collection Development chapter. Other related topics include transitioning from the card catalog to the OPAC and ILS, electronic formats, vendor selection, miscellaneous electronic technologies, and pricing issues.

Six Dimensions of Public Law

2020 ◽  
pp. 399-430
Author(s):  
Paul Craig
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Case Law ◽  
Public Law ◽  
The European Union ◽  
The Public ◽  
The United Kingdom ◽  
Six Dimensions ◽  
The Impact ◽  
The Way

This chapter draws on the six dimensions of public law covered in the book: theory, institutions and accountability, constitutions and rights, process and procedure, legislation, and case law. It links discussion of these dimensions, by considering how they have been affected by Brexit. The chapter is not concerned with the contending arguments for leaving or remaining in the European Union. The focus is on the way in which Brexit has ‘pressure-tested’ the public law regime in the United Kingdom and the European Union. The six dimensions of public law that are discussed in the preceding chapters form the architectural frame through which the impact of Brexit on the public law regimes is assessed in both the United Kingdom and the European Union.

scholarly journals Tinjauan Hukum Islam Terhadap Terjadinya Fluktuasi Harga Saham dan Pengaruh Pada Perusahaan Perbankan

2021 ◽  
Vol 5 (2) ◽  
pp. 152-159
Author(s):  
Bima Pangestu
Keyword(s):  
Stock Exchange ◽  
Business Activity ◽  
Economic Law ◽  
Sharia Law ◽  
Islamic Economic ◽  
A Company ◽  
The Way

Islam recommended that all people work and earn a living to meet the needs of themselves and their families. Working for a living in Islam was likened to or equated with people who jihad in the way of Allah. Sharia law strongly recommends investing in halal profit. One form of investment was the sale and purchase of shares, which was a form of cooperation with other parties to obtain profits. Stocks were commodities or assets that can be traded on the stock exchange. Buying and selling shares was nothing new in this country. Transactions such as the stock exchange were regulated and the system was well organized. Buying and selling shares were one of the various types of trading transactions. Buying and selling in an Islamic economy was a business activity that can be seen in many ways, such as fiqh mu'amalah (Islamic economic law). Buying and selling securities showed that someone had ownership of the assets of a company was certainly allowed as long as it is following sharia principles, excluding elements of maysir and so on.

Molla Sali v. Greece (Eur. Ct. H.R.)

2019 ◽  
Vol 58 (2) ◽  
pp. 280-314 ◽  
Author(s):  
Christina M. Cerna
Keyword(s):  
Human Rights ◽  
Opposite Conclusion ◽  
Sharia Law ◽  
European Court ◽  
The Way

President Guido Raimondi, the president of the European Court of Human Rights (European Court), in his address on January 25, 2019, at the opening of the Court's judicial year, singled out the case of Molla Sali v. Greece, concerning the application of Sharia law by the Greek courts, as one of the leading judgments of 2018. The judgment, he noted, gave rise to erroneous interpretations, with some commentators suggesting that the Court wanted to pave the way for the application of Sharia law in Europe, when in his view, the judgment leads to precisely the opposite conclusion.

Reasons to Criminalize

2018 ◽  
pp. 143-181
Author(s):  
Vincent Chiao
Keyword(s):  
Criminal Law ◽  
Subject Matter ◽  
Public Law ◽  
Point Of View ◽  
Harm Principle ◽  
The Political ◽  
Legal Moralism ◽  
The Public ◽  
Political Ideal ◽  
The Way

This chapter extends the public law conception to the theory of criminalization. The first half of the chapter is devoted to considering whether the criminal law has a privileged subject matter or “core,” focusing especially on Feinberg’s influential account of the criminal law as a system of direct prohibitions. The chapter argues that a subject-matter-based approach has difficulty coming to grips with actual criminal law systems in modern administrative states, in which so-called mala prohibita offenses predominate. The second half of the chapter turns to sketching how we might approach the question of criminalization from a public law point of view, both in general and with reference to the political ideal of anti-deference (sketched in Chapter 3) in particular. Along the way, the chapter argues that the (very popular) wrongfulness principle turns out to be either empty or implausible, and hence that we should reject any version of the harm principle, or of legal moralism, that presupposes it.

Regal Power and the Rule of Law: a Tudor Paradox

1964 ◽  
Vol 3 (2) ◽  
pp. 24-56 ◽  
Author(s):  
William Huse Dunham
Keyword(s):  
Sixteenth Century ◽  
Rule Of Law ◽  
Political Action ◽  
Public Law ◽  
The Rule Of Law ◽  
Political Crises ◽  
Executive Authority ◽  
The Law

Tudor statesmen, in their statutes and debates, and Tudor jurists, in reports and treatises, recorded their awareness of an antithesis between regal power and political law. Political action and juridical argument made them increasingly sensitive to an oppugnancy between executive authority and constitutional control. Medieval men of law, too, had noted this inconsonance in England's polity. Sir John Fortescue, while Henry VI's Chancellorin-exile in 1468, faced the dilemma; but he resolved it only verbally. He wrote: “regal power is restrained by political law.” Then he added, “such is the law of the Kingdom” of England. So facile a formula as Fortescue's might make nice theory, yet it was one easier to prescribe than to apply to a live monarch.The pragmatic Tudors, however, succeeded in surmounting the antithesis between political law and regal power, paradoxically, by augmenting both. To solve immediate political crises and to enhance the effectiveness of government, Privy Councilors and parliamentarians passed act after act that increased the King's prerogatives. At the same time, moreover, these very statutes afforced, by implication, the principles of political, or public, law. Kings and queens, judges and councilors, Lords and Commons during the sixteenth century formulated a concept of the rule of law and made it transcendant. By the 1590's they had accorded the rule of law statutory, judicial, and regal recognition. For the Tudor time-being, this principle served to balance regal power and political law and to give to this antinomy a congruity.

scholarly journals Private Interests and Private Law Regulation in Public International Law Jurisdiction

2019 ◽  
pp. 329-354
Author(s):  
Alex Mills
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Public Law ◽  
Private Law ◽  
Public International Law ◽  
The Public ◽  
Private Interests ◽  
Law Regulation ◽  
The Way

This chapter focuses on private interests and private law regulation in public international law jurisdiction, and discusses how questions of private law are generally marginalized in favour of a focus on public law, particularly criminal law. This is surprising and unfortunate for two main reasons. The first is that private law issues played a central role in the development of public international law jurisdictional principles. The second is that public international lawyers have, in a range of other contexts, increasingly recognized the significance of private law regulation, and the ‘public’ function which it can play in pursuing particular state interests. Recognizing the significance of private law jurisdiction presents, however, some important challenges to the way in which public international law jurisdiction has become to be understood.

scholarly journals Minorities, Territories and the Law of Ownership. Back to Basics and the Way Forward

2021 ◽  
Vol 11 (11) ◽  
Author(s):  
Francesco Palermo
Keyword(s):  
International Law ◽  
Minority Group ◽  
Public Law ◽  
The State ◽  
Nation State ◽  
Private Law ◽  
Limited Role ◽  
The Law ◽  
Point Of Reference ◽  
The Way

In public law, the concept of property plays, arguably, a much more limited role than in private law. At a closer look, however, a rather different picture emerges. In fact, in public (national and international) law, property is less (if at all) regulated, but not less important than in private law. Rather, it is implicitly assumed and developed in collective rather than individual terms. Especially in the nation state construct, territory is the property of a state and the state is the property of a group of people (the dominant nation), whose power to control a territory is called sovereignty. For this reason, when the question emerges of how to deal with a territory predominantly inhabited by a minority group, the answers by different actors involved might be diametrically opposite. This is essentially because the link between people and territory is always framed in terms of ownership: who “owns” a territory? And how to deal with those who inhabit the territory without (being seen as those) owing it? This essay explores the responses to such questions. The focus will be on challenges posed by autonomy regimes as instruments for the accommodation of minority issues, including the evolving concept of territory. Against this background, the different understandings of the link and the recent practice of selected international bodies will be analysed, leading to some concluding remarks. It will be argued that territory is an unavoidable point of reference, but many aspects are not sufficiently addressed, such as the issue of the addressees of such arrangements, the evolution that minority-related concepts are facing in the present era, marked by the challenge of diversity and the overall understanding of territorial arrangements.

Conclusion

2017 ◽  
Author(s):  
Bernard Stirn
Keyword(s):  
Public Law ◽  
European Convention ◽  
European Law ◽  
The European Union ◽  
European Continent ◽  
European Public ◽  
The Law ◽  
Domestic Law ◽  
Opening Up ◽  
The Way

Chapter 7 concludes the analysis of the book. It shows how by means of three circles—the law of the European Union, the law of the European Convention on Human Rights, and domestic law—a European public law is emerging. The conclusion analyses the challenges of the model of European public law and what is needed for it to strengthen. It makes the point that the European ambition goes beyond Europe and that Europe is not isolated from the world. European law is renewing the way in which international and domestic law co-exist, and the way in which the State and the law co-exist. By becoming stronger European law is opening up vistas which exceed the European continent.

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