scholarly journals دورالعقوبة الإسلامية في مكافحة الجريمة

2019 ◽  
Vol 15 (1) ◽  
pp. 149-186
Author(s):  
سامية الفاتح طه
Keyword(s):  
Islamic Law ◽  
The Third ◽  
The Subject

The Role of Islamic Punishment in Combating Crime This research will define the role of Islamic punishment in combating crime. It contains three topics. The first topic has two requirements: First: Defining the punishment in the Islamic Shari'aLanguage and terminology, so that the reader understands the concepts first before entering into the details of the subject. In it: the characteristics of the punishment in the Islamic Sharia, I mention just five. The second topic is the general purposes of punishment in the Islamic Sharia and its sections, and there are two demands: The first requirement: the sections of punishment in Islamic law, and there are two divisions: the first of which is a division in terms of the crimes that have been decided upon. The second division: considering the type of right that is affected by the punishment, and also includes four types in detail. The third and last topic was the purposes of the punishment of crimes, and the means of dealing with the crime after committing it. It includes three demands. The first is the purposes of the sanctions of borders and it contains seven borders with its purposes. The second requirement is the purposes of punishment in Qisas and Diyyah. And the second section: the purposes of punishment in the blood, and the third requirement: the means to deal with the crime after committing, and contains two parts: Section 1: controls treatment of the crime in a reformed manner, section 2: punitive means to eliminate the crime. God's forgiveness and success in that I have formed an integrated picture on the subject.

scholarly journals KILKA UWAG O BADANIACH NAD ROMANIZACJĄ STATUTÓW LITEWSKICH

2017 ◽  
Vol 2 (2) ◽  
pp. 71
Author(s):  
Sławomir Godek
Keyword(s):  
Family Law ◽  
Roman Law ◽  
Property Law ◽  
The Third ◽  
Procedural Law ◽  
Fertile Ground ◽  
The Subject ◽  
Law Of Succession ◽  
Made In

SOME REMARKS ON THE STUDY OF THE ROMANIZATION OF LITHUANIAN STATUTESSummary The article is dedicated to the issues connected with the reception of Roman Law in the Lithuanian statutes of 1529, 1566, and 1588. After an analysis of the existing scholarly accomplishments in the field, one cannot but conclude that the study of the influence of the Roman Law on Lithuanian codifications has hardly been started yet. Despite the fairly long tradition of research in this field, so far only selected elements of the first and second statutes have been analyzed in order to identify Roman constituents. The research carried out in 1930s by Raphael Taubenschlag, Franciszek Bossowski, and Karol Koranyi demonstrated which Roman Law noticeably influenced the statutory regulations pertaining to family law, law of property, law of succession, criminal and procedural law. Their observations partly confirmed the findings previously made in the nineteenth century by Aleksander Mickiewicz, Franciszek Morze, and Ignacy Daniłowicz. At the same time, nothing is still known about the scope of Romanization in the third Lithuanian statute or about the transformations which Roman elements underwent in each of the statutes. Without further study of the subject, one cannot assess the role of Roman law in the Commonwealth (Rzeczpospolita).It seems that the most fertile ground for identification of Roman elements in the third Lithuanian statute is tutorship and succession law, especially testamentary succession. Some interesting and original observations could be made on the basis of a more thorough comparative analysis of the pertinent Roman and Lithuanian regulations.

Late Roman Precious-Metal Deposits: Worth their Weight in Gold?

Britannia ◽  
2012 ◽  
Vol 43 ◽  
pp. 427-430
Author(s):  
François Baratte
Keyword(s):  
Late Antiquity ◽  
Precious Metal ◽  
Extended Period ◽  
Third Century ◽  
The Third ◽  
Byzantine Period ◽  
The Subject ◽  
Title One ◽  
Late Roman

Over recent years the question of ancient hoards, in particular of precious metal, coins, plate or jewellery, has been the subject of numerous considerations (notably S. Gelichi and C. La Rocca (eds), Tesori. Forme di accumulazione della richezza nell'alto medioevo (secoli V–XI) (Rome, 2004)) in order to try to grasp the characteristics of a complex phenomenon that relates to multiple aspects of society in whatever period is under consideration: the economy, social organisation, the possible role of the images … The difficulties encountered by researchers when addressing these problems are illustrated by the ambivalence, indeed the ambiguity in many languages of the term ‘trésor/hoard’. Richard Hobbs has thus chosen, very judiciously, to take as his subject here ‘deposits of precious metal’, which defines the topic perfectly. On the other hand, one could question the descriptor ‘late Roman’ when applied to the period covered here, five centuries, from a.d. 200 to 700. There could be discussion over whether the third century should be included in Late Antiquity; others will challenge whether the sixth century still belongs to that same world. But from the first page H. effectively corrects his title by stating that it also covers the early Byzantine period, something I would feel is a better definition. It may certainly be felt that these are just questions of nomenclature, but they do have their importance for the topic of this study. All the same, the important thing is that H. wanted to study an extended period, as stated by the book's sub-title. One cannot but approve of his choice.

scholarly journals The first private newspaper of the Taurida Governorate– "Crimean Leaflet"

2021 ◽  
pp. 55-66
Author(s):  
Arzy Dilyaverovna Khas'yanova
Keyword(s):  
Mass Media ◽  
Public Relations ◽  
Subject Matter ◽  
Scientific Discourse ◽  
Periodical Press ◽  
The Third ◽  
The Subject ◽  
Xix Century

This article examines the establishment of private periodical press of the Taurida Governorate in the late XIX century. The object of this research is the first private newspaper – “Crimean Leaflet”. The author explores the socioeconomic processes and censorship conditions, which affected the emergence of the Crimean private periodicals. An overview is given to the historiography and sources used in this work. The first part of the article studies the sociopolitical and cultural-historical prerequisites for the emergence of mass media in the governorate. The second part examines the process of opening and operation of the newspaper, its outline, biography of the publisher, as well as composition of the editorial board. The third part reveals the subject matter of the published materials and the peculiarities of interaction of the newspaper with the provincial administration and censorship authorities. The author also analyzes the reasons why the newspaper was shut down. In conclusion, the author reviews the role of the newspaper in formation of private provincial press, and its impact upon public relations in the Taurida Governorate. The scientific novelty consists in introduction into the scientific discourse of previously unstudied archival materials, as the historiography virtually had no records on the newspaper and the personality of the publisher. This work contributes to studying the development of private press in the Taurida Governorate, as well as reveals certain details of state policy with regards to provincial press in the late XIX century.

scholarly journals Customs and Traditions and their Role in Revealing the Purposes of Islamic law: العرف والعادة ودورهما في الكشف عن مقاصد الشريعة الإسلامية

2021 ◽  
Vol 4 (5) ◽  
pp. 60-44
Author(s):  
Ayman Eleyyan Ahmed Daradkh Ayman Eleyyan Ahmed Daradkh
Keyword(s):  
Islamic Law ◽  
The Third ◽  
The Relationship ◽  
Research Studies

This research studies Customs and Traditions and their relationship with the objectives of Islamic law. It has been divided into three sections, the first: concepts and terms of the study, the second: customs and their relationship to the method of reasoning and worship in Islamic law. And the third: customs and their relationship to interests and evils. The research tried to answer the following questions: What is the role of custom in achieving the intention of the street? What is the relationship between custom and the purposes of Sharia? The researcher has concluded that there is a relationship between custom and the purposes of Sharia, and the role of custom in achieving the intention of the street, considering that the interest is usually one of the customs, and it has been proven that the lawmaker has taken into account the interests of people, and among them is the consideration of their customs in legislation, and therefore the jurist must observe custom and custom In the ruling, in line with the realization of the street's intent.

scholarly journals عمل المرأة المسلمة وآثاره على الأسرة والمجتمع، وأثره على أحقيتها في المال المشترك

2021 ◽  
Vol 24 (2) ◽  
pp. 2189-245
Author(s):  
Mona Mahmod Farid Ahmed Ghaly
Keyword(s):  
Islamic Law ◽  
Human Life ◽  
The Family ◽  
The Subject ◽  
Marital Disputes ◽  
Woman's Work ◽  
Relationship Of ◽  
The Impact ◽  
Humanitarian Work

This research deals with the work of the Muslim wife, and the consequent disagreement between the spouses regarding it and the salary of the wife, and her entitlement to the joint money. This is because there is an urgent need at this time to rooting the saying about this issue, given the rapid developments that characterize this age. As the current life has made the exit of women to work essential in light of complex social and economic conditions, this issue has become one of the most serious issues that cause conflict and discord between spouses. The research uncovered the origin of marital disputes that may occur due to the wife's work and salary, and the money earned during marriage, and I followed the comparative analytical inductive approach in it. She divided it into an introduction, a preface - in which it clarified the objectives of Islamic law in marriage - and three topics: the first presented the rights and duties of the spouses, while the second came to explain the impact of a woman’s work on the family and society, then she allocated the third to the effect of her work on her entitlement to joint money. The research concluded that knowing the two parties to the marital relationship of each of their rights and duties works to stabilize the spouses, and defuse the discord and conflict between them. Women and men are partners in the architecture of human life and succession on earth. The woman is the basis of the family, the family is the most important human institution, and the good of society is subordinate to the good of the family. The more a society is based on respect and appreciation for women, the easier it will be in establishing their rights and the further from harming them. Good cohabitation requires that the wife not do anything except with the consent of her husband, and on top of those matters is her going out to work. The development occurred - negatively or positively - in Muslim societies led to the mixing of the spouses' money. The wife's contribution to her financial and intangible effort is the motivation behind establishing her share in the joint money. Therefore, the researcher recommends that the work be undertaken to restore the correct religious concepts to society, as the man learns fatherly experiences and the experiences of living within the family, and Islam's honor to women in order to eliminate the tendencies to reduce them and their humanitarian work. Women are made aware that work is not limited to material work with pay only, and that motherhood is the ultimate in work. Limiting the issuance of public fatwas regarding the wife’s work and salary, and looking at the outcome of judgments, and the purposes of Sharia when issuing a fatwa in which no Sharia text is mentioned. Fiqh councils and the role of fatwas should bring the reality on the table to research and fatwa. The use of reason and not rigidity on the rulings decided by our venerable jurists, as long as it does not deny an opinion on the subject of Ijtihad.

The Role of the Book in Tristia 3.1

Ramus ◽  
1997 ◽  
Vol 26 (1) ◽  
pp. 57-79 ◽  
Author(s):  
Carole Newlands
Keyword(s):  
The Third ◽  
The Subject

The third book of the Tristia is the first to have been written in Tomis, Ovid's place of exile. The long journey from Rome, the subject of the first book of the Tristia, is over. The distractions of the journey can no longer sustain him, and his only pleasure is to weep, in other words to write the elegy of lament: dum tamen et uentis dubius iactabar et undis,fallebat curas aegraque corda labor:ut uia finita est, et opus requieuit eundi,et poenae tellus est mini tacta meae,nil nisi flere libet…(Tr. 3.2.15-19)But while in turmoil I was being tossed around by winds and waves, my worries and sad heart were distracted by the battle for survival. Now that the journey is over, the effort involved in travel is spent, and the land of my punishment has been reached, weeping is my only pleasure.

The Role of Personal Statutes in Social Development in Islamic Countries

1971 ◽  
Vol 13 (1) ◽  
pp. 16-31 ◽  
Author(s):  
J. N. D. Anderson
Keyword(s):  
Social Development ◽  
Islamic Law ◽  
Family Law ◽  
Family Relations ◽  
Social Conditions ◽  
Muslim Country ◽  
The Family ◽  
The Subject ◽  
Muslim Communities

I take it that this title, which was not of my devising, is intended to cover the contribution that the series of partial or comparatively comprehensive codifications of the law of personal status, which have appeared in recent years in one Muslim country after another, has played or might play in the development of social conditions in general, and of family relations in particular, in the area concerned. But I shall confine my remarks in this paper to those legislative enactments which codify or restate principles of family law which are, or profess to be, specifically Islamic, whether they are applicable to Muslims alone or to those of more than one religion, rather than make any attempt to deal with the family law peculiar to one or another of the non-Muslim communities–partly because any comprehensive consideration of the latter would be too wide and detailed a task for such a paper as this, partly because each of these other systems of law is of comparatively restricted application, and partly because it is the Islamic law which has been the subject of my own specialist study.

scholarly journals O laicato na Conferência Episcopal Latino-Americana de Puebla

2018 ◽  
Vol 73 (290) ◽  
pp. 276-302
Author(s):  
Sávio Carlos Desan Scopinho
Keyword(s):  
Latin American ◽  
Subject Matter ◽  
Rio De Janeiro ◽  
Social Condition ◽  
Santo Domingo ◽  
The Third ◽  
The Subject ◽  
Definition Of ◽  
The Church

Este artigo estuda a compreensão do Magistério Eclesiástico sobre o laicato na Terceira Conferência Episcopal Latino-Americana, realizada em Puebla (México), no ano de 1979. Retomando os resultados da Conferência de Medellín, a Conferência de Puebla propôs uma definição do laicato a partir da sua missão e vocação na Igreja e no mundo. A proposta é oferecer uma visão diacrônica e sincrônica, tendo como referência o Documento Conclusivo da respectiva Conferência no que diz respeito à temática do laicato. Assim, o objetivo é demonstrar que o leigo, na concepção do Magistério Eclesiástico latino-americano, teve uma evolução histórica e doutrinal, com desafios e debilidades, próprios de sua condição histórica e social determinada, constatados nas etapas de preparação, realização e deliberação da Conferência de Puebla. A interpretação teológica e pastoral do Documento Conclusivo da Conferência contribuirá para entender o desenvolvimento da temática, desde as Conferências Episcopais latino-americanas do Rio de Janeiro (1955) e de Medellín (1968) até as Conferências Episcopais que se realizaram posteriormente em Santo Domingo (1992) e Aparecida (2007), no que diz respeito ao papel do laicato na Igreja e na sociedade. Abstract: This article studies the Ecclesiastical Magisterium understanding about the laity in the third Latin American Episcopal Conference held in Puebla (México), in 1979. Resuming the results of the Medellín Conference, the Puebla Conference proposed a definition of the laity from their mission and vocation in the Church and in the world. The proposal is to offer a diachronic and synchronic view, considering the Conclusive Document of the mentioned Conference as reference, with regard to the subject matter of the laity. So, the aim is to demonstrate that the layman, in the Latin American Ecclesiastical Magisterium conception, has had a historical and doctrinal progress, with challenges and deficiencies typical of their determined historical and social condition, verified in the preparation, accomplishment and deliberation steps of the Puebla Conference. The theological and pastoral interpretation of the Conclusive Document of the Conference will contribute to understand the development of the subject matter from the Latin American Episcopal Conferences of Rio de Janeiro (1955) and of Medellín (1969) to the Episcopal Conferences that were held later in Santo Domingo (1992) and in Aparecida (2007), regarding the role of the laity in the Church and in the society.Keywords: Latin American Bishop. Conference of Puebla. Laity.

scholarly journals NIKAH SIRRI AND ITS RESPONSES FROM RELIGIOUS COURT: Taking Sides between Acceptation and Refutation

2017 ◽  
Vol 14 (2) ◽  
Author(s):  
Titis Thoriquttyas
Keyword(s):  
Significant Role ◽  
Islamic Law ◽  
Crucial Point ◽  
The Subject ◽  
Progressive Policy ◽  
Legal Frameworks

This paper describes on the regulation of nikah sirri and its responds from the various society, especially from the religious leader’s view in Madura. Criminalizing the subject of nikah sirri become debatable issues for Madurese community in the socially and religiously context. Either the acceptations or refutations for this case become the crucial point to discuss academically because both of responses supported by the logical argumentations. It considered as the progressive policy to minimize it cases and protect the rights of wife and children legally, socially and economically. In other side, the criminalizing regulation viewed as the overlapping law because it reduction the Islamic Law. In order to bridge this case, the leader communities played the significant role to mediate it through the legal frameworks.   Furthermore, this paper aims to provide the position of criminalizing regulation for the subject of nikah sirri as well as the role of leader communities in Madura to mediate the differs argumentations behind it. In conclusion, the researcher believed that the leader communities in Madura have the opportunities to solve the problems of nikah sirri based on the religious, social and cultural reasons.

scholarly journals Distinguished Students in the Study of Academic Jurisprudence

2020 ◽  
Author(s):  
Saadi Jassem Hamoudal–Jumaili ◽  
Mohammed Hussein Audaal–Kubaisi
Keyword(s):  
Islamic Law ◽  
The Self ◽  
Academic Excellence ◽  
The Third ◽  
Sharia Law ◽  
The People ◽  
Scientific Value ◽  
The Guardian ◽  
The Disappeared

Following the era of prophet Muhammed (PBUH), the nation has religiously relied on one of the four accredited jurisprudential doctrines. Despite their differences in many scientific issues, these doctrines did not deviate from the approach of the prophet’s companions in ruling judgments. It is the wisdom of God to set certain general guidelines and principles for Sharia Law to ensure a well-organized life for the people in all times and places. The Islamic law is characterized by immortality. It remains as long as man exists. Its branches are renewed with the passag of every day and night. It is preserved by God the Almighty. This comes out after the Islamic nation has woken up from its inattention and dormancy and regain its personality. Allah the Almighty has true believers in every period and time. They are mandated to revive the disappeared principles of this religion. In the light of this fact, it is a matchless honor to be the servants of this nation and, with the help of the almighty, to enlighten people with knowledge. If we succeed in communicating our message it is because of the blessing so the almighty but if we fail it is because of the whims of the self. The advantage of the school Alasfia extend beyond the mosques and into society. Many of the school alumni excelled in academic study. Among those outstanding alumni is Sheikh Yassin Mohammed Saeed al-Walid, who will be the focus of our article. The first segment of this paper considers the role of the students of the Asfiya school in the field of jurisprudence and academic excellence. The second segment explores the life of Sheikh Yassin Mohammed Saeed Al-Waleed. The third segment discusses the provisions of the Hajj and Umrah in terms of methodology and resources and inferences and scientific value. Finally, in the conclusion we present the most important results we have arrived at through this research. We pray Allah the Almighty to deem our work beneficial for muslims and finally all praise is due Allah and He is the guardian of success. Keywords: Assefi, academic, jurisprudence, students, studies.

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