scholarly journals The Role of Human Rights and Obligations toward Cross Gender Empowerment under the domain of Islamic Laws

2021 ◽  
Vol 3 (3) ◽  
pp. 208-217
Author(s):  
Salma Nawaz ◽  
Malik Shahzad Shabbir ◽  
Kanwal Shaheen ◽  
Mouna Koser

This study enumerates Islamic laws regarding women rights throughout the extent of Quran and Hadith in the principal origins of Islam. It highlights toward gender equity and women rights. Islamic principles consistently accord with nature of man and woman and think about their intrinsic contrasts. Islam has ensured people (both men and women) human rights and obligations associated with them as people in an equivalent degree. What Islam ensures usually not get conveyed into solid actions because of dominant communal and ethnic standards and in context of social and cultural relations. The basic estimations of Islam ostensibly advance and respect the status of women in the public eye. Islam gave freedom to Muslim women by allowing them equivalent rights as similar to their male partners, as demonstrated by the Prophet Mohammad ??? ???? ???? ???? (PHUH) [women are identical parts orsisters in relation to men]. Numerous adamant translations of Islamic messages and practices of a larger number of Muslim societies unfortunately disagree the primary origin of women rights as well as gender equalities. Besides, it is falsly realized that Muslim females particularly are in retrograte position and are also mistreated by religion Islam as compare to non-Muslim women who are observed as liberated, modernized and forward. Thusly, this article focuses to distinguish how religion Islam has provided women their rights, liberty, equality and respect.

2018 ◽  
Vol 26 (2) ◽  
pp. 205-226
Author(s):  
Bonolo Ramadi Dinokopila ◽  
Rhoda Igweta Murangiri

This article examines the transformation of the Kenya National Commission on Human Rights (KNCHR) and discusses the implications of such transformation on the promotion and protection of human rights in Kenya. The article is an exposition of the powers of the Commission and their importance to the realisation of the Bill of Rights under the 2010 Kenyan Constitution. This is done from a normative and institutional perspective with particular emphasis on the extent to which the UN Principles Relating to the Status of National Institutions for the promotion and protection of human rights (the Paris Principles, 1993) have been complied with. The article highlights the role of national human rights commissions in transformative and/or transitional justice in post-conflict Kenya. It also explores the possible complementary relationship(s) between the KNCHR and other Article 59 Commissions for the better enforcement of the bill of rights.


2019 ◽  
Vol 34 (2) ◽  
Author(s):  
Jeremy Sarkin

This article explores the role of the African Commission on Human and Peoples’ Rights and the role it plays regarding human rights in individual country situations in Africa. It specifically examines the extent to which it has been able to advance a human rights agenda in countries with long-standing human rights problems. The article uses Swaziland/ eSwatini as a lens to examine the matter, because of the longstanding problems that exist in that country. This is done to indicate how the institution works over time on a country’s human rights problems. The article examines a range of institutional structural matters to establish how these issues affect the role of the Commission in its work. The article examines the way in which the Commission uses its various tools, including its communications, the state reporting processes, fact-finding visits, and resolutions, to determine whether those tools are being used effectively. The article examines how the Commission’s processes issues also affect it work. Issues examined negatively affecting the Commission are examined, including problems with the status of its resolutions and communications, limited compliance with its outcomes, and inadequate state cooperation. Reforms necessary to enhance to role and functions of the Commission are surveyed to determine how the institution could become more effective. The African Union’s (AU|) Kagame Report on AU reform is briefly reviewed to examine the limited view and focus of AU reform processes and why AU reform ought to focus on enhancing human rights compliance. The article makes various suggestions on necessary institutional reforms but also as far as the African Commission’s procedures and methods of work to allow it to have a far more effective role in the promotion and protection of human rights on the continent. It is noted that political will by the AU and African states is the largest obstacle to giving the Commission the necessary independence, support and assistance that it needs to play the role in Africa that it should.


Author(s):  
Aga Skrodzka

This article argues for the importance of preserving the visual memory of female communist agency in today’s Poland, at the time when the nation’s relationship to its communist past is being forcefully rearticulated with the help of the controversial Decommunization Act, which affects the public space of the commons. The wholesale criminalization of communism by the ruling conservative forces spurred a wave of historical and symbolic revisions that undermine the legacy of the communist women’s movement, contributing to the continued erosion of women’s rights in Poland. By looking at recent cinema and its treatment of female communists as well as the newly published accounts of the communist women’s movement provided by feminist historians and sociologists, the project sheds light on current cultural debates that address the status of women in postcommunist Poland and the role of leftist legacy in such debates.


2016 ◽  
Vol 5 (1) ◽  
pp. 5-23
Author(s):  
Miomir Jakšić

Abstract The article discusses the status and role of regulatory bodies and the aftermaths of their independence and accountability to the public and the parliament. The author analyses different legal statuses of regulatory bodies in Montenegro and Serbia in the central banking and energy sectors and concludes that it is necessary that national constitutions, as the highest legal acts in each state, prescribe in a separate article that “Regulatory bodies are independent and accountable to Parliament”. Relevant separate legal acts should closely define the procedures for establishing, enforcing, and sanctioning of possible breaching of: 1) independence of regulatory bodies, 2) accountability of regulatory bodies to the parliament, and 3) transparency of their activities.


Author(s):  
Damir Khamitovich Valeev ◽  
Anas Gaptraufovich Nuriev

The research analyses the implementation of the role of maximizing the level of security in the administration of justice in the context of the digital economy. Methodologically, the documentary observation research technique and, to process sources, sociological-dialectical analysis were used. Digitization as a transformational factor of many branches of social relations implies dependence on the implementation of a series of interdependent legal facts with digital technologies so that the action has a legal and concrete result. The digital level as a new platform for the implementation of a number of public functions posing new challenges for the public administration system and also determines the status of new functions that can provide a "digital future" with a positive development dynamic. Conclusion mode everything indicates that, these new functions can be austable in order to maximize security in the implementation of public functions in response to new threats. Particularly sensitive is the area of justice administration, which is also actively introducing many digital tools into the case-resolution process.


2020 ◽  
Vol 23 (8) ◽  
pp. 59-69
Author(s):  
Bohdana Huriy

In the article, we analysed the state of development of cultural policies in Amalgamated Territorial Communities (ATC) of Ukraine as well as the changes that have taken place in the cultural area in Ukraine. This was due to the activities of international grant programs, foundations and legislative organizations. We described the local situation in the ATC and detected their main cultural policies' problems. We also described the main stages of forming the international grant programs' sector, foundations and donors in the aforementioned area. We have identified the most active grant programs which operate in Ukraine. We defined that their activity supports discussion about the role of the culture, influences the processes of transformation and modernization of culture, and provides the possibilities for activists and specialists from the public sector to directly and transparently influence and advocate the cultural changes. The article presented results of the sociological research "The human rights-based approach to the content and implementation of cultural policies in Ukraine at ATC level". It was conducted with representatives of the "DOBRE" program, USAID, the Ukrainian Cultural Foundation, «U-LEAD with Europe», the Ministry of Culture and Information Policy of Ukraine, and four regional representatives’ non-public organisations. We concluded that the international grant programs, foundations, and legislative organizations support the ATC in the forming and conducting development strategies and service delivery standards, transparently conducting their activities and financial accountability, supporting the community's involvement in the main processes and changing stereotypical approaches to understanding the needs of different population categories in Ukraine's ATC. During the four years of their activity, there has been significant development of communities in terms of infrastructure and human development and community resources. In particular, it is connected with Equality and Human Rights principles, the involvement of all community actors in the processes taking place in society, and constant feedback from the public.


2018 ◽  
Vol 8 (1) ◽  
pp. 1-22
Author(s):  
Humera Sultana ◽  
Nasreen Aslam Shah

Historically, the status of women was very low all over the world however Islam is the only religion which help in changing the status of women and improve her status in the society. This paper explores the lives of Muslim women in the period of early Islamic society which reveals that these women gave the lesson of virtue, piety, devotion and sacrifice to every women and daughter of Islam. These ladies bore exemplary moral character, and in performance of their responsibilities they sacrificed their luxuries, comforts and happiness. Following footprints of these ladies can make every daughter a proud human being.


2021 ◽  
pp. 70-94
Author(s):  
Nadiia BONDARENKO-ZELINSKA ◽  
Maryna BORYSLAVSKA ◽  
Oksana TRACH

The article explores certain problems of law enforcement practice in recognizing inheritance as escheat. The subject of scientific analysis is the subject composition of these procedural relations. Applicants in this category of cases can be conditionally divided into two groups: 1) persons obliged to submit an application to the court for recognition of the inheritance as escheat, and 2) persons who have the right to do so. The persons who are obliged to apply to the court for recognition of the inheritance as escheat are territorial communities. On the basis of an analysis of the legislation, it was established that in the case where a united territorial community was formed in a certain territory, it is authorized to apply to the court for recognition of the inheritance as escheat. On behalf of the local self-government body as a representative of the territorial community (united territorial community), a lawsuit may be initiated to recognize the inheritance as escheat: 1)by its headman or 2) another person authorized to do so according to the law, statute, regulation, employment contract. That is, there can be both self-representation and representation on the basis of a special assignment. It received additional justification for the ability of the prosecutor’s office to submit an application for recognition of the inheritance as escheat in the absence of a territorial community. In such a case, the public prosecutor's office shall represent the legitimate interests of the State in court, in accordance with article 56 of the Code of Criminal Procedure, as a body or person entitled to defend the rights, freedoms and interests of others (human rights defender). The possibility of participating not only as an applicant but also as a human rights defender is justified. The possibility of self-representation of local self-governments in cases of recognition of inheritance as escheat by a headman is proposed. It is further argued that such a possibility should be provided for in the Headman’s Regulations, which are approved by the relevant local councils. The peculiarities of initiation of production by subjects for whom the application to the court for recognition of the inheritance as escheat is a right, not an obligation (creditors of the testator, owners and/or users of adjacent land plots) are analyzed. If an applicant in cases of recognition of the inheritance as escheat is a creditor, documents confirming the existing obligations in relation to the debtor-testator should be attached to the application. Recommendations are made on a list of documents that can confirm the status of an applicant-related land user to apply to the court for recognition of the inheritance as escheat. It is proposed to amend Art. 335 CPC of Ukraine on the necessity to provide the originals of written evidence together with a statement on the recognition of the inheritance as escheat. The role of a notary in cases of recognition of inheritance as escheat has been investigated. It is proposed to provide in the legislation the right of a notary to submit to the court an application for recognition of the inheritance as escheat. It is proposed to improve the way of informing the public about the discovery of an inheritance that has no heirs.


2019 ◽  
pp. 70-80
Author(s):  
Lucia Carminati

Zaynab al-Ghazālī (1917-2005) is regarded as a pioneering figure in the field of women’s preaching and religious teaching in Egypt. Her story, however, remains largely undocumented. In Western scholarship, al-Ghazālī has often been framed in terms of a contradictory figure, whose own choices flagrantly undercut her statements on the role of women in Islamic society. Trying to go beyond this type of appraisal, her writings are analyzed in order to question whether or not Zaynab al-Ghazālī’s intellectual genealogy should be understood within the context of her considerable exposure to a well-developed discourse of women’s rights at the turn of the twentieth century. Indeed, she made available to Muslim women a particular field of arguments, while foreclosing for them certain possibilities for action. Overall, her statements and choices in life need to be read as a function of her historical and geographical context and her positioning needs to be framed within the consciousness on the role women had come to play in the public domain.


Author(s):  
Satino Satino ◽  
Yuliana Yuli W ◽  
Iswahyuni Adil

Law Number 40 of 1999 concerning the Press is one of the legal regulations that have a role in efforts to realize a good life together. The struggle of the Indonesian press to achieve freedom was finally achieved after the enactment of Law Number 40 of 1999 concerning the Press. The purpose of this study is to find out how the freedom and role of the press in law enforcement are reviewed from the perspective of Law Number 40 of 1999, concerning the press. This study uses a sociological juridical method, the results of research conducted on real facts in society with the intent and purpose of finding facts, then proceeding with finding problems, ultimately leading to problem identification and leading to problem solving. The results of the research include the press trying to carry out its functions, rights, obligations, and roles, so the press must respect the human rights of everyone. The press has an important role in realizing Human Rights (HAM), as guaranteed in the Decree of the People's Consultative Assembly of the Republic of Indonesia Number: XVII/MPR/1998. Based on the results of the research above, it is necessary to uphold the freedom of the press in conveying public information in an honest and balanced manner and that freedom of the press is not absolute for the press alone, but to guarantee the rights of the public to obtain information. what happened in the context of realizing press freedom as contained in Law/040/1999 concerning the Press.


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