scholarly journals «Siyasat-ul Sharia» as a Synthesis of National Customs and Sharia

Adam alemi ◽  
2020 ◽  
Vol 4 (86) ◽  
pp. 90-98
Author(s):  
S. Olzhabayev ◽  
M. Isahan ◽  
A. Shagyrbay
Keyword(s):  
Legal Framework ◽  
New Materials ◽  
Political Processes ◽  
Attempted Murder ◽  
History Of ◽  
Criminal Penalties ◽  
The Law ◽  
Scientific Hypotheses

The article provided new materials for the study of the main provisions of the “great YASA” which was the basis of the historical-legal sources of the Kazakh people “Righteous path of Kassym Khan”, “Zheti Zhargy” of Tauke Khan, in addition, the proposed legal framework and preconditions of interconnection with the requirements of Sharia. The study shows the changes in the history of the country’s rule and the adoption of Islam by the descendants of Genghis Khan, provides scientific links to the legal synthesis of political processes in a nomadic society. In addition, opinions on the emergence of the term “sayasat-ul sharia” in the science of sharia are studied and shown. In Kazakh society, there are examples and grounds for using “sayasat-ul sharia”. For scientific conclusions, Tauke Khan’s “Zheti jargy” was taken as a basis, the legal sections of the law and some of its norms were compared with the prescriptions of Sharia. Criminal penalties for attempted murder in the law “Zheti Zhargy” and punishment (retribution) in Sharia were taken as a basis, features and similarities were analyzed, scientific conclusions were given. Scientific hypotheses are proposed that “Zheti jargy” is the result of the synthesis of two legal cultures.

Political psychology

2013 ◽  
Vol 154 (16) ◽  
pp. 619-626
Author(s):  
Mária Resch ◽  
Tamás Bella
Keyword(s):  
Social Sciences ◽  
Political Psychology ◽  
Group Dynamics ◽  
Political Institutions ◽  
Cognitive Mapping ◽  
Medical Sciences ◽  
Political Processes ◽  
Behavioural Patterns ◽  
Essential Components ◽  
History Of

In Hungary one can mostly find references to the psychological processes of politics in the writings of publicists, public opinion pollsters, philosophers, social psychologists, and political analysts. It would be still important if not only legal scientists focusing on political institutions or sociologist-politologists concentrating on social structures could analyse the psychological aspects of political processes; but one could also do so through the application of the methods of political psychology. The authors review the history of political psychology, its position vis-à-vis other fields of science and the essential interfaces through which this field of science, which is still to be discovered in Hungary, connects to other social sciences. As far as its methodology comprising psycho-biographical analyses, questionnaire-based queries, cognitive mapping of interviews and statements are concerned, it is identical with the psychiatric tools of medical sciences. In the next part of this paper, the focus is shifted to the essence and contents of political psychology. Group dynamics properties, voters’ attitudes, leaders’ personalities and the behavioural patterns demonstrated by them in different political situations, authoritativeness, games, and charisma are all essential components of political psychology, which mostly analyses psychological-psychiatric processes and also involves medical sciences by relying on cognitive and behavioural sciences. This paper describes political psychology, which is basically part of social sciences, still, being an interdisciplinary science, has several ties to medical sciences through psychological and psychiatric aspects. Orv. Hetil., 2013, 154, 619–626.

From the history of the NKVD “national operations” in 1937, 1938 years in Kyrgyzstan. Repression of ethnical minority

2020 ◽  
Vol 2020 (10-3) ◽  
pp. 126-135
Author(s):  
Bolotbek Abdrakhmanov
Keyword(s):  
New Materials ◽  
Foreign Nationals ◽  
The Real ◽  
History Of ◽  
Ruling Party

To analyze the repressive policy of the ruling party and NKVD organs towards the foreigners who lived in Kyrgyzstan in 1937-1938 years. The real materials being used in this research make it possible to think over the events of that complicated period in a new way and give them certain appreciation. Therefore the main aim of the article is to bring together new materials to through the light on the nature of the mass repressions towards a number of soviet citizens as foreign nationals.

نظام التوثيق وأثره في إدارة الأصول الوقفية في دولة الإمارات العربية المتحدة: نماذج من إمارة الشارقة (Documentation System and its Impact on Endowment Managements in United Arabic Emirates: The Study of Emirate of Sharjah)

2019 ◽  
Vol 16 (2) ◽  
pp. 166-193
Author(s):  
مها بنت منصور الصائغ
Keyword(s):  
Human Life ◽  
Documentation System ◽  
The People ◽  
Endowment Management ◽  
Long Time ◽  
History Of ◽  
The Law

شهد تاريخ الأمة الإسلامية حضارة ونهضة عالمية في جميع مجالات الحياة الإنسانية، ومما كان له كبير الأثر في ذلك هو الأوقاف التي بدأت مع سيد البشرية محمد صلى الله عليه وسلم واستمرت بتنوع وشمولية إلى عصرنا الحالي؛ ولكن ما تعرضت إليه الأوقاف من إهمال وإقصاء وضياع يرجع لأسباب عديدة من أهمها غياب التوثيق الوقفي. تقوم الدراسة على تتبع مفهوم الوقف والتوثيق، والوقف في الإمارات العربية المتحدة ول سيما في إمارة الشارقة. توصلت الدراسة إلى نتائج منها: أن الأوقاف قائمة منذ زمن بعيد، وأن رغبة الواقف بالوقف وإقدامه عليها لم ينقصها سوى وثيقة، وأنه لا وثائق لها ولا مستندات، كما أن العرض الموجز لنشأة دائرة الأوقاف بالشارقة وسعيها لإحياء سنة الوقف ونشر ثقافته نراه يتضح شيئاً فشيئاً من خلال تفعيل مواد القانون والبحث حول الأنسب والأصح لحماية الأوقاف، ولم يكن هذا الاهتمام بالوقف إلا انعكاساً لتوجه الواقفين وتماشياً لرؤية الحكام وامتثالاً لنهج خير الأنام ورغبة في تكافل الأرواح وحباً للسلام. الكلمات المفتاحيّة: الوقف، التوثيق، المقارنة، الشارقة. Abstract The history of Islamic nation has witnessed a global civilization and it has had a great impact in all areas of human life, including the endowments that began with the master of humankind; Muhammad S.A.W. and it was continuing in diversity and comprehensively until our epoch. However, there are some problems related to endowment management such as negligence, exclusion and loss that due to many reasons. Among the most important reasons is the absence of endowment documentations. Therefore, the study aims to discuss the concept of endowment and documentation, as well as the endowment in United Arabic Emirates, especially in the Emirate of Sharjah. The study concluded that the practice of endowment has been existed for a long time, yet there are in need of endowment documentations. This study also found that the information related to the establishment of institution of endowment in Sharjah and its role has   spread widely to the people through the enforcement of the law and the implementation of the research related to the practice of endowment in order to sustain them in a good way. This documentation system was only a reflection of what has  stated in Shariah laws regarding the practice of endowment among the donors, so that it will be in line with the approach of good intentions and love of peace. Keywords: Endowment, Documentation, Comparison, Sharjah.   

Reading Max Weber's Sociology of Law

2020 ◽  
Author(s):  
Hubert Treiber
Keyword(s):  
Sociology Of Law ◽  
Important Work ◽  
Research Setting ◽  
Stages Of Development ◽  
History Of ◽  
History Of Law ◽  
The Law ◽  
Comprehensive Study

More than a simple guide through a complicated text, this book serves both as an introduction and as a distillation of more than thirty years of reading and reflection on Max Weber's scholarship. It is a solid and comprehensive study of Weber and his main concepts. It also provides commentary in a manner informed both historically and sociologically. Drawing on recent research in the history of law, the book also presents and critiques the process by which the law was rationalized and which Weber divided into four ideal-typical stages of development. It contextualizes Weber's work in the light of current research, setting out to amend misinterpretations and misunderstandings that have prevailed from Weber's original texts. Ultimately, this volume is an important work in its own right and critical for any student of the sociology of law.

Reorganization of the Governmental Structure of Roumania

1931 ◽  
Vol 25 (3) ◽  
pp. 700-703
Author(s):  
Joseph S. Roucek
Keyword(s):  
Central Administration ◽  
World War ◽  
Liberal Party ◽  
Old Kingdom ◽  
The Balkans ◽  
History Of ◽  
The Will ◽  
The Law ◽  
Self Rule ◽  
The University

The law for the reorganization of central administration and the law on local administration (July 20, 1929) sponsored by the National Peasant government of Roumania have recently been put into effect. Both measures were drafted by Professors Negulescu, of the University of Bucharest, and Alexianu, of the University of Cernauţi. Their adoption comprises one of the most thorough governmental reforms in the history of the Balkans.The structure of the Roumanian government was, until very recently, almost completely copied from the French system. Roumania was a typical example of a unitary organization. The whole power of government was centralized in Bucharest. Practically all powers of local government were derived from the central authority, and were enlarged and contracted at the will of Bucharest. The whole system lent itself admirably to the domination of the National Liberal party, guided up to 1927 by Ion I. C. Brǎtianu, and after his death by his brother, Vintilǎ I. C. Brǎtianu, who died last year.Since the strength of the National Peasant party, which assumed the reins in 1928, lies largely in the provinces acquired at the close of the World War, a decentralization of government was to be expected. The bitter resentment of Maniu and his associates toward the over-centralization which favored the policies of the Bratianus forced the recent overhauling of the governmental structure, tending toward federalism—a form which takes cognizance of the differences of the past and present between the old kingdom and the new provinces and attempts to extend democratic features of self-rule to the electorate. At the same time, it attempts to secure bureaucratic expertness.

An Economic and Jurisprudential Genealogy of Corporate Law. By Michael J. Whincop. [Aldershot: Ashgate. 2001. xviii, 222, (Bibliography) 20 and (Index) 5 pp. Hardback £45. ISBN 1–84014–773–3.]

2002 ◽  
Vol 61 (2) ◽  
pp. 463-492
Author(s):  
John Armour
Keyword(s):  
Corporate Law ◽  
Company Law ◽  
Economic Methodology ◽  
Evolutionary Account ◽  
High Profile ◽  
Intuitive Appeal ◽  
History Of ◽  
The Law

Economic analysis has recently gained a high profile in English company law scholarship, not least through its employment by the Law Commissions and its resonance with the Company Law Review. This approach has taught us much about how company law functions in relation to the marketplace. Whincop’s book is, however, the first attempt to use economic methodology not only to explain how the law functions, but also to provide an evolutionary account of why the history of English company law followed the path it did. The result is a thesis that, whilst complex, has a powerful intuitive appeal for those familiar with Victorian company law judgments.

The Legal Framework for Foundations in the Habsburg Monarchy from 1750 to 1918

2017 ◽  
Vol 1 (2) ◽  
pp. 154-172
Author(s):  
Gabriele Schneider
Keyword(s):  
Public Good ◽  
Legal System ◽  
Legal Framework ◽  
The State ◽  
Habsburg Monarchy ◽  
The Public ◽  
Regulation And Supervision ◽  
Role Of The State ◽  
The Law

Foundations, as permanent funds established by a certain legal act, can serve manifold purposes, but often pursue charitable goals. As such, they play an important role for the public good. Therefore, states always had an interest in fostering foundations by providing a pertinent legal framework. In Austria, this topic has not yet been the focus of scholarship. Through this study some light is shed on the implementation of the law on foundations in the Habsburg Monarchy. It focuses on the role of the state and its legal system regarding the regulation and supervision of foundations from 1750 to 1918. This period is characterized by the sovereigns’ endeavor to regulate the position of foundations via extensive legislation. In particular, a system of oversight for foundations was created in order to guarantee the attainment of their charitable goals. In fact, this system prevailed until the end of the 20thcentury.

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