scholarly journals طرق الحماية القانونية من جرائم التعدي على العقارات والمنقولات في التشريع الجنائي السوداني دراسة تطبيقية مقارنة في ضوء أحكام الفقه الإسلامي

2021 ◽  
Vol 10 (2) ◽  
pp. 161-199
Author(s):  
طارق حسن ابن عوف

       This research aims at Identifying methods of legal protection relevant to crimes offending   real estate and property in Islamic jurisprudence and Sudan criminal law of 1991 and contemporary laws, Egyptian and Anglo Saxon. Criminal offending is defined legally and clarified in its pillars, elements and the eventual penalties in Islamic legal code addition to objective laws and its effectiveness in curbing committing such crimes which impacts to extreme degree the rights of other individuals. This research recommends necessity of obedience to all noble commands of Islam and avoids offending rights of others to deprive them of their rights, terrorize and annoying them; cooperation among individual of Muslim community is the foundation which their relationships and Muslim community should be Ideal community that sustains individual rights and security prevails. 

2016 ◽  
Vol 2 (2) ◽  
pp. 275-302
Author(s):  
Shofiyul Fuad Hakiky

Abstract: Exploitation to a child is an inhumane act. Although a ban on the exploitation of child’s services is legally mentioned in legislation, but it is different in reality. We can see some adult people take their babies to begging, singing under traffic light, even they are recruited as factory workers and others. It is because the exploiters of the children’s service are less fear or underestimate to the existing sanctions under the child protection legislation No. 23 of 2002. The criminal sanction against perpetrators of child exploitation as contained in Law No. 23 of 2002 section 83, 84, and 88 is considered less straight.  On Islamic jurisprudence perspective, a child is in need of special attention. It can be in the form of guidance, education, and legal protection. Whatever is done by a child, it has not been subjected to the burden of law. So that even if the child was given a penalty, then the punishment should be an educational one, not to exceed the limit of a child’s ability. On the other hands, considering the mental and psychological effects of the child is quite important for his/her development in the future. Keywords: Exploitation, children’s services, law, Islamic criminal law.   Abstrak: Eksploitasi anak merupakan tindakan yang tidak berperikemanusiaan. Meskipun larangan eksploitasi jasa anak ada dalam undang-undang, tetapi pada kenyataannya masih terjadi, contohnya; anak bayi yang diajak orang tuanya mengemis, mengamen di pingir perempatan lampu lalu lintas, buruh pabrik, dan lain-lain. Hal tersebut dikarenakan pelaku eksploitasi jasa anak kurang takut atau meremehkan sanksi yang ada dalam undang-undang perlindungan anak No.23 tahun 2002. Sanksi pidana terhadap pelaku eksploitasi jasa anak yang tercantum dalam Undang-undang No. 23 Tahun 2002 tentang Perlindungan Anak terletak pada pasal 83, 84, dan 88. Dalam pandangan fiqh anak-anak perlu mendapat perhatian khusus, berupa pembinaan, pendidikan, dan perlindungan hukum. Apapun yang dilakukan oleh anak-anak belum dikenai beban hukum, sehingga kalaupun anak itu diberikan sanksi, maka sanksinya harus bersifat pendidikan, tidak melampaui batas kemampuan anak, dan harus mempertimbangkan efeknya terhadap perkembangan jiwa anak. Kata Kunci: Eksploitasi, jasa, anak, undang-undang, Hukum pidana Islam.


2021 ◽  
pp. 300-318
Author(s):  
Sabine Gless

Sabine Gless highlights the individual’s journey from an object of government caprice, susceptible to arrest on a foreign warrant without legal protection, to a legally protected defendant in the frameworks of transnational criminal law. Using in particular Germany and Switzerland as examples of different approaches taken in Continental Europe, she maps the evolution of defendants’ rights from domestic criminal justice to European Human Rights from the 19th to the 21st century, and the slow shift from a state-centred understanding of transnational criminal law to the acknowledgment of individual rights under a human rights narrative.


Author(s):  
Nikolai A. Ognerubov

In connection with the active development and use of assisted reproductive technologies, protection of the human embryo and its legal status issue is currently being actualized. We make an attempt to reveal and explain some of the international aspects of the criminal law protection of the life and rights of the embryo. We consider the concept of “embryo” not only from the point of view of various scientific approaches (medicine, biology, embryology, jurisprudence), but also from the legislative side. We present and analyze the first mention of the embryo in Roman private law in connection with modern domestic law. We carry out an analysis of international legal acts that provide protection of embryos both “in vitro” and “in vivo”, followed by consideration of specific criminal law norms of foreign countries, namely Brazil and Colombia. We pay attention to some of the most famous cases from the jurisprudence of the European Court of Human Rights in order to understand the applied international legal acts “de facto”. The study also takes into account modern domestic legislation and considers point “g” of part 2 of Article 105 of the Criminal Code of the Russian Federation.


Author(s):  
Viktoriia V. Haltsova ◽  
Sergiy O. Kharytonov ◽  
Oleksandr M. Khramtsov ◽  
Oleksandr O. Zhytnyi ◽  
Andrii A. Vasyliev

This paper is a comprehensive study of the problems of criminal law as a remedy for human rights and freedoms in the modern world. The relevance of this subject lies in the systematic violations of constitutional human rights and freedoms and the inaction of the criminal law in such cases. Nowadays, the criminal law as a remedy for human rights and freedoms in national and international law is described by imperfection in its adaptation to rapidly changing social relations, which, accordingly, leads to problems in their legal protection. There are various reasons for this in the legal sphere, such as gaps in the legal provisions, conflicts of legal regulation and inconsistency of the rules of legislation with existing public relations in the state. All of the above determines the relevance of the subject matter of this study. Thus, the purpose of this study was a comprehensive analysis of theoretical and applied issues relating to the remedies for human rights and legitimate interests against socially dangerous encroachments, and the formulation of scientifically sound proposals for improving the current legislation of Ukraine and the practice of its application in this area. Ultimately, this study identified the legal characteristics of human rights and freedoms at both the national and international levels. The remedies for rights were demonstrated through the lens of criminal law. In addition, the study analysed the forms of implementation of international practice in the national legislation of Ukraine as a remedy for human rights and freedoms in the modern world. The significance of the results of this study was expressed in the further research of related subjects concerning this issue, namely the history of the development of EU criminal law standards and the historical establishment of the concept of human and citizen rights and legitimate interests. Furthermore, the materials of this study can be used in the preparation of educational materials, methodological recommendations, as well as training in various fields of legal science. This, in turn, will allow properly using the criminal law protection of human rights and freedoms without violations on the part of criminal justice bodies


Geografie ◽  
2015 ◽  
Vol 120 (2) ◽  
pp. 113-133 ◽  
Author(s):  
Liviu Chelcea ◽  
Raluca Popescu ◽  
Darie Cristea

Our understanding of gentrification outside of the Anglo-Saxon core is relatively undeveloped. In order to contribute to a more de-centered approach, we ask who are the gentrifiers and how do they change central city neighbourhoods in a post-socialist context? The answers are explored through a mixed-methods approach, using both quantitative and qualitative data: construction permits analysis, census tract data, field trips, and interviews with tenants, former owners, and real estate agents. Findings indicate that gentrifiers vary in nature. They include state tenants, former owners, marginal gentrifiers, political capitalists, and institutional investors. Through their actions, central neighbourhoods have gained younger, more educated, and smaller households. Beyond this case study, we emphasize the usefulness of rent gap theories, the need to study displaced households, and the potential of property rights to enrich theories of gentrification.


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