scholarly journals قول الصحابي عند الإمام الشافعي

2020 ◽  
Vol 38 (- 1) ◽  
Author(s):  
Hussain Ahmed Alawi Ba Omar
Keyword(s):  
The State ◽  
Legal Evidence ◽  
Islamic Jurisprudence ◽  
The Subject ◽  
The Difference

This article discusses an important jurisprudential issue related to one of the sources of reasoning by Imām Al-Shāfi’ī, especially in his book (Al-umm), which is the opinions of (Saḥābah) the Companion. This article collects all the clear texts that are directly related to the companion's opinion in each book (Al-umm), and mentions the jurisprudential events that were mentioned because of them. It aims, therefore, to prove that Imām Al-Shāfi’ī considered the statement of the Companion to be one of the sources of legislation in Islamic jurisprudence, and that it comes after the Qur'ān and Sunnah and before Qiyās. This article also explains - inference from the texts of Al-Shāfi’ī - the different cases of the companions saying, such as the state of the companions ’consensus and their difference, and the criteria for weighting between the opinions of the companions of jurisprudence in the case of their difference. In the end, the article concludes that Al-Shāfi'ī considered the statement of the Companion as a legal evidence in itself, and that it is part of the Prophet’s Sunnah, and that the difference of the Companions does not preclude taking some of their sayings. This result is different with the well-known from Shāfi'ī's sayings in the books of Fundamentals of Jurisprudence that were written after him, even books written by jurists belonging to the Shāfi’ī school of thought. The article relies on the method of extrapolating all texts in the book (Al-umm) in order for the result to be an unquestionable affirmation, and for it to be a reference for all texts related to the subject in this book.

ENGAGEMENTS AND ENTANGLEMENTS: THE CONTEMPORARY WAQF AND THE FRAGILITY OF SHI'I QUIETISM

2020 ◽  
Vol 35 (2) ◽  
pp. 215-249
Author(s):  
Haider Ala Hamoudi
Keyword(s):  
Political Engagement ◽  
The State ◽  
State Control ◽  
Land Trust ◽  
Islamic Jurisprudence ◽  
The Subject ◽  
State Bureaucracy ◽  
The One ◽  
Religious Establishment ◽  
State Infrastructure

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.

scholarly journals Cyberterrorism as a threat to the cyber security of Ukraine: A discussion of theoretical aspects

2020 ◽  
Vol 10 (40) ◽  
pp. 73-83
Author(s):  
Ihor Diorditsa ◽  
Kateryna Katerynchuk ◽  
Armenui Telestakova ◽  
Nataliia Kulak ◽  
Andrii Nastiuk
Keyword(s):  
Information Security ◽  
Real World ◽  
Cyber Security ◽  
The State ◽  
Methodological Basis ◽  
Special Scientific ◽  
General Scientific ◽  
The Subject ◽  
The Difference ◽  
Terrorist Acts

In this article, the authors analyze cyberterrorism as a threat to Ukraine's cyber security. The urgency of the issue declared in the paper is conditioned by the fact that fair number of terrorist acts intende to make harm to the interests of the state, can be committed today both in real world and in cyberspace. As such acts are committed using computer systems and are done in cyberspace, authors propose to define this type of socially dangerous acts as «cyberterrorism». The methodological basis of this study is a set of philosophical, general scientific, special scientific and other methods that are directly applied in legal researches. The authors have done the interpretation of terms making up the conceptual and categorical apparatus of the subject of research. The difference between information terrorism and cyberterrorism has been substantiated by the writers. The emphasis was placed on the necessity to create a Cyber Command that could react fast to challenges in the information security sphere of the state, including acts of cyberterrorism.

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
Keyword(s):  
Death Penalty ◽  
Subject Matter ◽  
The State ◽  
Islamic Jurisprudence ◽  
The Subject ◽  
Political Crime ◽  
Freedom Of Thought ◽  
Ulterior Motives ◽  
Cultural Freedom

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.

scholarly journals “I Ask Your Voices and Your Suffrages”: The Bogus Rome of Peele and Shakespeare's Titus Andronicus

2016 ◽  
Vol 78 (4) ◽  
pp. 551-570 ◽  
Author(s):  
Paulina Kewes
Keyword(s):  
Subject Matter ◽  
The State ◽  
Close Attention ◽  
Titus Andronicus ◽  
Political Ideas ◽  
Collaborative Authorship ◽  
Institutional Structures ◽  
The Subject ◽  
Solo Works ◽  
The Difference

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.

Treatment of Mental Excitement in Asylums

1910 ◽  
Vol 56 (235) ◽  
pp. 700-714 ◽  
Author(s):  
George M. Robertson
Keyword(s):  
The State ◽  
The Past ◽  
Mental Hospitals ◽  
Good Management ◽  
The Subject ◽  
The Difference

I have been asked by the President to open a discussion on the “Treatment of Mental Excitement in Asylums.” The subject is a very important and practical one, and goes to the root of many of the most difficult problems connected with the management of the insane. Of cases of mental excitement in asylums it may be said, “they are always with us,” and the manner in which they are treated and the success attending their treatment may be taken as tests of the good management of an asylum. The difference between the state of the madhouses of the past and of the mental hospitals of the present day is largely the result of better methods of dealing with it.

scholarly journals Studying the History of Political and Legal Doctrines in Russian Jurisprudence in the 19th — Early 20th Century: Traditions, Directions, and Stages

Lex Russica ◽  
2020 ◽  
Vol 73 (10) ◽  
pp. 114-125
Author(s):  
A. V. Kornev
Keyword(s):  
20Th Century ◽  
The State ◽  
Political Life ◽  
Early 20Th Century ◽  
Subject Field ◽  
Legal Science ◽  
History Of ◽  
The Subject ◽  
The Difference ◽  
The 19Th Century

The paper attempts to reflect the origin of a specific branch of scientific knowledge — the history of political and legal doctrines. The subject field of this science and discipline includes many problems, the main of which, no doubt, is the understanding of the phenomenon of law and the state, which are closely related to other institutions. Nevertheless, it is the state and law that ultimately determine their character. This is a kind of tradition laid down by Western legal science that was strongly influenced by pre-revolutionary jurisprudence. Russian lawyers, many of whom continued their studies at Western universities as part of the "preparation for professorship" procedure, mostly followed the approaches developed there. This concerned both ontological and epistemological aspects.The author shows the difference between political and legal doctrines of the second half of the 19th century and the first half of the century. The 1860s reforms served as a kind of impetus for their development. In addition, in the second half of the 19th — early 20th century pre-revolutionary legal science moved to a new, fundamentally different scientific level of studying political and legal institutions.There is another significant point. The problem is that, in fact, the historiography of this discipline and science has remained outside the framework of the history of political and legal doctrines. This paper is an attempt to fill this gap to some extent.The author notes that the relevance of the history of political and legal doctrines arises during a period of intense political life, when stable social groups (strata, classes) with different political, social and legal ideals are formed. This situation developed in Russia in the early 20th century.

scholarly journals Dual Archive Record System (DARS) for Increasing Evidence from School Accountability

2019 ◽  
Vol 8 (2S9) ◽  
pp. 774-778
Keyword(s):  
School Accountability ◽  
Research Approach ◽  
Paired Data ◽  
Record System ◽  
Technology System ◽  
Legal Evidence ◽  
The Subject ◽  
The Difference ◽  
Private High School ◽  
The Impact

The objective of the study was to develop a Dual Archive Record System (DARS) for increasing evidence from school accountability. Now, archive management in private schools at Indonesia was not effective because the archive process only uses a manual system or technology system. The impact of using this system is not accurate for supporting physical and legal evidence. Therefore, Dual Archive Record System (DARS) was developed to overcome these problems. The research approach uses research and development (R&D). The subject of this study is all of the private high school in Indonesia. The data were collected through observation, interview, documentation, and questionnaire. Then; the data were analyzed quantitatively; it was using a t-test on the paired data to know the difference of the actual and the new model. Besides that, analysis of data also uses qualitative approach through the data triangulation. The results showed that dual archive record system (DARS) can increase evidence of school accountability. Therefore; it was suggested for school to implement DAR for increasing evidence from school accountability because DARS has a significant contribution to evidence from school accountability.

scholarly journals The Labeling of Students in Educational Institutions in Israel According to their Economic Affiliation

2016 ◽  
pp. 327-352
Author(s):  
Sali Manor Franco
Keyword(s):  
Educational System ◽  
The State ◽  
Educational Institutions ◽  
Economic Discourse ◽  
Analysis And Evaluation ◽  
Integration Program ◽  
The Social ◽  
The Subject ◽  
The Difference ◽  
State Of Israel

This paper shows that it is possible to note a number of points in the development of the educational system in Israel from the establishment of the State: the framework of uniform education from the end of 1948 until the conclusions of the Fromkin Committee in 1950 and the integration from 1968. The changes of policy reflect the historical changes that occurred in the social economic discourse and that shaped the development of the state of Israel. The system began its path as controlled by the center and as supporting social equality. After failed attempts to correct the difference that reigned between groups of students, reforms in the system, such as the implementation of the integration program, led to the presentation of a new policy, such as affirmative action. Following another failure, reforms were presented, and an attempt was made to return to the idea of equality through the presentation of analysis and evaluation related to the quality outputs of the system. Israel faces many challenges to improve its educational system, and it has the duty to persevere with the reforms it has initiated in the subject of education. Education is one of the most important investments that the State can make to improve its future.

ИЗМЕНЕНИЕ ПАРАДИГМЫ МЕТОДОЛОГИИ ЮРИСПРУДЕНЦИИ

2019 ◽  
Vol 13 ◽  
pp. 32-40
Author(s):  
Ю. М. Оборотов
Keyword(s):  
Legal Theory ◽  
Research Strategy ◽  
The State ◽  
New Paradigm ◽  
Methodological Question ◽  
Modern Development ◽  
Decisive Importance ◽  
The Subject ◽  
Methodological Approaches ◽  
The Law

В современной методологии юриспруденции происходит переход от изучения состо­яний ее объекта, которыми выступают право и государство, к постижению этого объек­та в его изменениях и превращениях. Две подсистемы методологии юриспруденции, подсистема обращенная к состоянию права и государства; и подсистема обращенная к изменениям права и государства, — получают свое отображение в концептуальной форме, методологических подходах, методах, специфических понятиях. Показательны перемены в содержании методологии юриспруденции, где определяю­щее значение имеют методологические подходы, определяющие стратегию исследова­тельских поисков во взаимосвязи юриспруденции с правом и государством. Среди наи­более характерных подходов антропологический, аксиологический, цивилизационный, синергетический и герменевтический — определяют плюралистичность современной методологии и свидетельствуют о становлении новой парадигмы методологии юриспру­денции.   In modern methodology of jurisprudence there is a transition from the study the states of its object to its comprehension in changes and transformations. Hence the two subsystems of methodology of jurisprudence: subsystem facing the states of the law and the state as well as their components and aspects; and subsystem facing the changes of the law and the state in general and their constituents. These subsystems of methodology of jurisprudence receive its reflection in conceptual form, methodological approaches, methods, specific concepts. Methodology of jurisprudence should not be restricted to the methodology of legal theory. In this regard, it is an important methodological question about subject of jurisprudence. It is proposed to consider the subject of jurisprudence as complex, covering both the law and the state in their specificity, interaction and integrity. Indicative changes in the content methodology of jurisprudence are the usage of decisive importance methodological approaches that govern research strategy searches in conjunction with the law and the state. Among the most characteristic of modern development approaches: anthropological, axiological, civilization, synergistic and hermeneutic. Modern methodology of jurisprudence is pluralistic in nature alleging various approaches to the law and the state. Marked approaches allow the formation of a new paradigm methodology of jurisprudence.

PLANEJAMENTO FAMILIAR COMO ASSUNTO DE MULHER!? PERFIL DE GÊNERO NA PRODUÇÃO CIENTÍFICA NO BRASIL

2019 ◽  
Vol 8 (1) ◽  
pp. 221-235 ◽  
Author(s):  
Daniella De Paula Chiesa ◽  
Mário Antônio Sanches ◽  
Daiane Priscila Simão-Silva
Keyword(s):  
Family Planning ◽  
Scientific Literature ◽  
State Of The Art ◽  
Health Sciences ◽  
Scientific Production ◽  
The State ◽  
Review Of The Literature ◽  
The Subject

O estudo do Planejamento familiar, no contexto da bioética, abre-se para diversas perspectivas, entre elas a valorização dos seus diferentes atores. Situado neste contexto o artigo tem como objetivo identificar o perfil de gênero na produção científica sobre Planejamento Familiar no Brasil, entre 2000 e 2014, assim como a área de formação e especialização dos autores. Foram utilizadas metodologias que permitiram mapear o estado da arte do tema estudado, a partir de uma revisão da literatura. O resultado da pesquisa identifica que a produção científica sobre Planejamento Familiar no Brasil se compõe de perfil destacadamente feminino (71,76%). Dos 73 artigos analisados, 42 (57,53%) o foco do tema está direcionado à mulher assim como evidencia-se a área de ciências da saúde com maior concentração das publicações do tema.  Este aspecto da pesquisa abre para uma realidade complexa onde se buscam criticamente as razões para a pesquisa em Planejamento Familiar ter ênfase na mulher e ser um tema de relevância nas ciências da saúde.Palavras-chave: Produção científica, Planejamento Familiar, Gênero.  ABSTRACT: The study of Family Planning, in the context of bioethics, opens to diverse perspectives, among them the appreciation of their different agents. Situated in this context the article aims to identify the profile of gender in scientific literature on Family Planning in Brazil, between 2000 and 2014, as well as the area of training and specialization of the authors. Methodologies were used which allowed to map the State of the art of the subject studied, from a review of the literature. The results found identify that the scientific production on Family Planning in Brazil is formed with a outstandingly female profile (71,76%). Of the 73 articles examined, 42 (57.53%) the focus of the topic is directed to women as well as showing the health sciences area with highest concentration of publications. This aspect of the research opens to a complex reality where we seek critically the reasons for Research in Family Planning have emphasis on woman and be a topic of relevance in health sciences.Keywords: Scientific Production, Family Planning, Gender.

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