scholarly journals HUMAN RIGHTS AND OBLIGATIONS IN BURHANIDDIN AL-MARGINANI’S WORK “AL-HIDAYA”

2020 ◽  
pp. 38-45
Author(s):  
BOBURMIRZO BOTIROV
Keyword(s):  
Legal Status ◽  
Islamic Law ◽  
Complex World ◽  
Correct Interpretation ◽  
Basic Principles ◽  
Distinctive Features ◽  
Property Relations ◽  
The World ◽  
History Of ◽  
Practical Life

The study of the life and work of scientists, in particular, the heritage of scholars-faqihs of Maverannahr, who have great authority in all regions of the Islamic world, is becoming increasingly important in the world aspect. Their works on jurisprudence still serve as textbooks on Islamic law. This fact proves the importance and relevance of studying the history of origin, stages of development, and distinctive features of jurisprudence in Maverannahr. The article provides information on the study of ideas and recommendations in the book of Burkhaniddin al-Marginani al-Hidaya and analysis of the guidelines for the regulation of property relations, which provide specifc rules for the treatment of the property. Particular attention is paid to the legal status of minors, mentally retarded, and slaves as subjects. In today’s complex world extremist movements and fundamentalists that threaten the development of society in today’s complex world distort the essence and content of Islam and try to use it for their nefarious purposes. Therefore, the correct interpretation of the true essence of Islam, its basic principles, as well as peacekeeping and humanistic ideas is especially relevant and important. The study of fqh as a system closely related to practical life also acquires scientifc and practical signifcance. The four-volume al-Hidaya, written by Burhanuddin alMarginani, is an important and comprehensive legal code for the Hanaf school of thought in the Sunni school. It consists of more than 55 books, hundreds of chapters and covers all areas of Islamic law.

scholarly journals Limits of Participation in Celebration of Non-Muslim’s Events: An Analytical Study

2020 ◽  
Vol 2 (1) ◽  
pp. 322-344
Author(s):  
Khalil Ur Rahman ◽  
Mohammd Riaz Khan Al-Azhari
Keyword(s):  
Social Life ◽  
Analytical Study ◽  
Legal Status ◽  
Islamic Law ◽  
Social Relation ◽  
Critical Study ◽  
Islamic State ◽  
Basic Principles ◽  
The Social ◽  
History Of

غیر مسلموں  کی تقریبات میں شرکت کی حدود وقیود: ایک تجزیاتی مطالعہ This article aims to highlight an important aspect of Islamic Law, which relates to social life of a Muslim. Islamic law promotes social harmony and tolerance, but it makes it balance in the light of basic principles and objectives of Shar'īah. Likewise, Islamic law determines social relation between Muslims with each other as well as the relation of Muslims with Non-Muslim citizens in the Islamic state. Furthermore, it is very significant to know that a Muslim can participate in the traditional and religious functions of Non-Muslim or not? Islamic law has made some parameters in this regard, in this research paper we have focused on this specific issue of Islamic law and tried to explain the legal status of this issue in the light of Quran, Prophetic traditions, and opinions of Muslim Scholars. The research method applied in this paper is descriptive and critical study of different school of thoughts is also provided. Muslims have a long history of mutual contacts with the non-Muslims guided by the Shar’īah principles as they have come together in every age in different political and geographical contexts. In the early days of Islam, Muslims were in the minority. At that time, Muslims participated in the social life of their non-Muslims neighbors. Islam respects other religions. Provides all kinds of facilities to non-Muslims. And allows Muslims to participate in their legitimate programs.۔

Dante's New Life of the Book

2021 ◽  
Author(s):  
Martin Eisner
Keyword(s):  
Literary History ◽  
Poetic Form ◽  
Archival Research ◽  
Distinctive Features ◽  
Printed Books ◽  
The World ◽  
The Future ◽  
History Of ◽  
The Relationship ◽  
Over Time

This study uses the material transmission history of Dante’s innovative first book, the Vita nuova (New Life), to intervene in recent debates about literary history, reconceiving the relationship between the work and its reception, and investigating how different material manifestations and transformations in manuscripts, printed books, translations, and adaptations participate in the work. Just as Dante frames his collection of thirty-one poems surrounded by prose narrative and commentary as an attempt to understand his own experiences through the experimental form of the book, so later scribes, editors, and translators use different material forms to embody their own interpretations of it. Traveling from Boccaccio’s Florence to contemporary Hollywood with stops in Emerson’s Cambridge, Rossetti’s London, Nerval’s Paris, Mandelstam’s Russia, De Campos’s Brazil, and Pamuk’s Istanbul, this study builds on extensive archival research to show how Dante’s strange poetic forms continue to challenge readers. In contrast to a conventional reception history’s chronological march, each chapter analyzes how one of these distinctive features has been treated over time, offering new perspectives on topics such as Dante’s love of Beatrice, his relationship with Guido Cavalcanti, and his attraction to another woman, while highlighting Dante’s concern with the future, as he experiments with new ways to keep Beatrice alive for later readers. Deploying numerous illustrations to show the entanglement of the work’s poetic form and its material survival, Dante’s New Life of the Book offers a fresh reading of Dante’s innovations, demonstrating the value of this philological analysis of the work’s survival in the world.

The Meanings of Property

2014 ◽  
Author(s):  
Ekaterina Pravilova
Keyword(s):  
Legal Status ◽  
Private Property ◽  
Property Relations ◽  
Public Property ◽  
History Of ◽  
Private Domain

This chapter traces the history of property relations in Russia. It examines how Russian rulers came to respect private property as a bulwark of autocracy and what this respect meant for property in the context of Russian monarchal rule. Topics covered include the reign of Catherine the Great and the invention of absolute private domain; the issue of expropriation; the scope and the legal status of state possessions; and initial attempts to introduce the notion of “public property,” which focused on Russia's natural treasures, such as the forests granted by Catherine the Great into the unlimited ownership of the nobles.

Promiscuity, Polygyny, and the Power of Revenge: The Past and Future of Burmese Buddhist Law in Myanmar

2016 ◽  
Vol 3 (1) ◽  
pp. 85-104 ◽  
Author(s):  
Melissa CROUCH
Keyword(s):  
Potential Application ◽  
Islamic Law ◽  
Family Law ◽  
The Past ◽  
The World ◽  
History Of ◽  
The Creation

AbstractMyanmar is the only Buddhism-majority country in the world that has developed and maintained a system of family law for Buddhists enforced by the courts. This article considers the construction of Burmese Buddhist law by lawyers, judges, and legislators, and the changes made through legislative intervention in 2015. It begins by addressing the creation and contestation of Burmese Buddhist law to demonstrate that it has largely been defined by men and by its perceived opposites, Hinduism and Islam. Three aspects of Burmese Buddhist law that affect women are then examined more closely. First, Burmese Buddhist law carries no penalties for men who commit adultery, although women may risk divorce and the loss of her property. Second, a man can take more than one wife under Burmese Buddhist law; a woman cannot. Third, restrictions on Buddhist women who marry non-Buddhist men operate to ensure the primacy of Burmese Buddhist law over the potential application of Islamic law. This article deconstructs the popular claim that women are better off under Burmese Buddhist law than under Hindu law or Islamic law by showing how Burmese Buddhist law has been preoccupied with regulating the position of women. The 2015 laws build on this history of Burmese Buddhist law, creating new problems, but also potentially operating as a new source of revenge.

scholarly journals Rights and obligations of prisoners of war in the World War I and their observance in Lebedyn District of Kharkiv Province

2020 ◽  
pp. 7-14
Author(s):  
N.V. Lobko
Keyword(s):  
World War I ◽  
International Law ◽  
Legal Status ◽  
Prisoners Of War ◽  
World War ◽  
Stage Of Development ◽  
The World ◽  
History Of ◽  
State Archives ◽  
The Russian Empire

History of World War I that due to its global consequences started a new stage of development of European civilization still draws attention of many researchers. One of the most interesting topics for researchers is the topic of war imprisonment during the World War I. Stay of prisoners of war in the territory of Ukraine is a scantily studied issue. The objects of this study are prisoners of war who were in Lebedyn district of Kharkiv province during the World War I (1914–1918). The subject of the research is the legal status of prisoners of war, the protection of their rights and the observance of their duties. The author analyzed norms of international law and Russian legislation for regulation conditions of war imprisonment during the period of war. Using materials of Lebedyn District of Kharkiv Province, being deposited in the archives of Sumy Region, the author examines the legal status of prisoners of war, the protection of their rights and the observance of their duties. The position of prisoners of war during the World War I on Ukrainian lands as part of the Russian Empire was determined by the norms of international law and Russian legislation for regulation conditions of war imprisonment during the period of war. Using the archival sources kept in funds of the State Archives of Sumy Region, it was found that the rights of prisoners of war were generally ensured on the territory of the Lebedyn District of Kharkiv Province. However, there were not a few cases when Austrian and German prisoners suffered from hunger, domestic inconvenience and abuse by employers. There were also repeated violations of their duties by prisoners of war. The most common violations were refusal to work, leaving the workplace.

scholarly journals COMPARATIVE ANALYSIS OF MYTHOLOGICAL NAMES AND MYTHOLOGISMS IN THE ENGLISH AND UZBEK LITERATURE

2021 ◽  
pp. 3-21
Keyword(s):  
Fairy Tales ◽  
World Literature ◽  
Human Life ◽  
Distinctive Features ◽  
The World ◽  
History Of ◽  
Similarities And Differences ◽  
Social Views ◽  
The Universe ◽  
Positive Character

It is surprising that in English and Uzbek folklore and literature there are similarities in the expression of mythological images, despite the fact that they are from different language systems and different continents far from each other. British folklore is rich in a variety of images, which, with their distinctive features, have a place not only in English but also in world literature. Such images are distinguished by their versatility and have both negative and positive character traits. No matter which world literature we look at, we can find the translation of myths, legends, and fairy tales in that language which is the indication of how important role such images have in the world literature. The terms mythology, myth, and mythological names are defined differently in various sources. The types of mythological names, on the other hand, have been classified differently as a result of the research carried out by different researchers, each of which has been studied and analyzed comparatively. Studies have concluded that mythology was formed as a system of primitive worldviews and encompassed the philosophical, moral, and social views of our ancestors, the simplest scientific interpretations of the universe and human life, as well as the art of speech, rituals, and various forms of mythological thinking. This article provides a description of the terms myth, mythology and mythological names, their classification by various researchers, as well as information about mythological images in English and Uzbek literature, and comments on their classifications. In particular, information on the history of its emergence, the appearance of the image of witches, elves, giants, trolls, goblins in English myths and fairy tales in different forms and purposes is given. The mythological images of birds and dragons in both English and Uzbek literature have been studied comparatively. The reflections on their similarities and differences in English and Uzbek literature have been analyzed.

scholarly journals Cryptocurrency as the Сurrency of the Future Financial System

2020 ◽  
Vol 24 (1) ◽  
pp. 27-32
Author(s):  
T. Bantorina ◽  
◽  
O. Livandovska ◽  
Keyword(s):  
Legal Status ◽  
Financial System ◽  
Legal Regulation ◽  
Minimal Risk ◽  
Advantages And Disadvantages ◽  
Stage Of Development ◽  
The World ◽  
The Future ◽  
Mathematical Problems ◽  
History Of

Annotation. Introduction. At the present stage of development of the world is the rapid functioning of all spheres of society. Based on this, today society seeks to be progressive, modern, and therefore the world introduces us to a new type of money that is gaining popularity – cryptocurrency. Currently, humanity is aimed at finding a more progressive way of realization of any financial transactions with minimal risk. Now, the cryptocurrency is in the same city, where was the first paper money during the popularization of the concept of “printing money”. That is why, after a certain period of time cryptocurrency calculations become commonplace. Purpose. The purpose of the study is to consider cryptocurrency as the currency of the future financial system and possible prospects for its future development in Ukraine and the world. Results. The article discusses the theoretical aspects and history of cryptocurrency as currency future financial system. The main types of cryptocurrencies, the process of their creation, which is based on the solution of computers to complex mathematical problems and their entry into the market, are identified. The advantages and disadvantages of using cryptocurrencies are studied, as well as its feature as decentralization, which distinguishes it from other currencies. It is emphasized that in the world, so far, there is no consensus on the further strategy for the development of cryptocurrency in the world, its legalization and legality of use, thus analyzing the legal status of cryptocurrency in different countries and prospects for use. The legal regulation of cryptocurrencies in Ukraine in accordance with the norms of Ukrainian legislation is considered. The peculiarities of the functioning of virtual currencies in Ukraine are highlighted. Conclusions. Cryptocurrency inevitably and actively popularized worldwide in furthering decade. In some areas, such as online gaming business, this kind of currency has found its application in full. In Ukraine, there is everything necessary for legal operations with cryptocurrencies, but it is at the legislative level that there is a problem that prevents the active distribution and use of such currencies. The situation when cryptocurrency is not banned, but also not allowed, is an additional reason for fraudulent schemes. Legal entities and individuals who want or are able to use cryptocurrency is not protected. Similarly, the state can not get taxes from prospective activities. That is why the need for a clear establishment of the concept of “Cryptocurrency” by the law of Ukraine and the creation of mechanisms for regulating any activity with cryptocurrencies at the legislative level, are the priority state tasks at present. Keywords: cryptocurrency; currency; bitcoin; mining; digital currency; the legal status.

scholarly journals BLOCKCHEEN: DEVELOPMENT PROSPECTS AND IMPLEMENTATION CHALLENGES

2018 ◽  
Vol 22 (3) ◽  
pp. 120-127 ◽  
Author(s):  
Ya. Yu. Radyukova ◽  
E. A. Kolesnichenko ◽  
S. O. Epifanova
Keyword(s):  
Information System ◽  
Technology Development ◽  
Basic Principles ◽  
Implementation Challenges ◽  
Use Of Technology ◽  
The World ◽  
History Of ◽  
Study Perspective ◽  
Development Prospects

The technology of blocking has emerged not so long ago, but has already become known due to such advantages as security, reliability and openness. It is believed that the block is most often used in the economy, namely, to work with crypto-currencies. Nevertheless, technology can be useful in various industries. The article is devoted to the review of blockade technology, the study of the basic principles of its operation and the ways of applying the technology in various fields. In the course of the study, the history of the appearance of blocking technology was briefly studied and the concept of technology was defined, which is a multifunctional information system distributed throughout the world designed to account for various assets. An analysis was also made of the main advantages, which include: the absence of intermediaries, the unchanged data, as well as the decentralization and openness of information. Along with the advantages, a number of disadvantages inherent in the technology of blocking are revealed. The paper discusses the prospects for applying technology in the economy and in financial spheres; analysis of the use of blocking technology in accounting, reporting, reconciliation of accounts and in the implementation of operations with objects of value. Particular attention is paid to the use of technology in various spheres of life, not related to the economy. On the basis of the study, perspective directions of technology development in Russia and abroad are determined.

scholarly journals Sharea Issues in the Application of Takaful: Review on Islamic Law Perspective

2018 ◽  
Vol 14 (2) ◽  
pp. 347-376
Author(s):  
Muhammad Iqbal Fasa ◽  
Suharto Suharto
Keyword(s):  
Legal Status ◽  
Islamic Law ◽  
Legal Basis ◽  
Commercial Insurance ◽  
History Of ◽  
Insurance Development

Insurance is still debated between scholars when viewed in the light of Islamic law. Contemporary Muslim jurists are fully aware that the legal status of Insurance not been determined by Islamic law thinkers in advance (jurists). The application of Takāful today is the result of a struggle between the understanding of Islami law with the reality of what happened. Thus, the problem needs to be reviewed in the light of Islamic law in depth. This paper attempts to offer Shariah Issues in the Application of Takāful From Islamic Law Perspective, including The Concepts of Takāful (Sharia Insurance), Legal Basis of Takāful (Sharia Insurance), History of Takāful (Shariah Insurance) Development, Scholars' Views on Takāful (Sharia Insurance), The Principles of Takāful (Sharia Insurance), Establishment of Contract in Takāful (Sharia Insurance), and To Compare The Characteristics Between Takāful (Shariah Insurance) and  Commercial Insurance.

scholarly journals سبق الإسلام تأريخيًا وتفوقه في إرساء حقوق الإنسان (دراسة مقارنة بين التشريع الإسلامي والنظم الوضعية)

2017 ◽  
Vol 19 (1) ◽  
pp. 115
Author(s):  
Yousif Abdallah Mustafa Abdalrazeq
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Analytic Approach ◽  
Obvious Advantage ◽  
Positive Law ◽  
The World ◽  
History Of ◽  
The Law ◽  
Islamic Civilization

<p>هذه دراسة تدور محاورها حول التشريع الإسلامي والنظم الوضعية. هدفت الدراسة إلى إبراز دور الإسلام التأريخي في إرساء حقوق الإنسان، انتهجت الدراسة المنهج الاستقرائي التحليلي، وتناولت الدراسة الموضوع بالبحث والتحليل معتمدةً في ذلك على التشريع الإسلامي وما جاءت به الحضارة الإسلامية التي سادت العالم، ذلك بأن التشريع الإسلامي إلهي المصدر وصالح لكل زمان ومكان، على عكس النظم الوضعية التي تتحدث عن قضية الساعة، وقد استشهدت الدراسة بمجموعة من أقوال رجال النظم الوضعية مقارنة في موضوع البحث التي ظهر من خلالها تفوق التشريع الإسلامي بصورة واضحة نالت إعجاب واعتراف كثير من العلماء والمفكرين في العالم.</p><p>This study covers Islamic law and positive law, which aims to show the role of Islam in the history of establishing human rights. It employs inductive analytic approach. Hence, it mainly refers to the law of Islam (Islamic tasyri') and what is brought by Islamic civilization leading the world. It is due to the fact that Islamic tasyri’ comes from Allah and is worth of all time and place. On the contrary, the positive law made by man deals with the problems related to time and conditions. This study is supported by legal experts to compare both laws. The finding shows the obvious advantage of Islamic tasyri' rather than other regulation or positive law. Its overwhelming advantage is also confirmed by world legal experts</p>

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