scholarly journals Islam's Attitude towards Democracy Comparative Study in International Human Rights Law

2016 ◽  
Vol 9 (1) ◽  
pp. 73
Author(s):  
Suhail Hussein Al-Fatlawi
Keyword(s):  
Legal System ◽  
Liberal Democracy ◽  
Fifth Century ◽  
The Political ◽  
Islamic State ◽  
International Human Rights Law ◽  
Legislative Authority ◽  
The People ◽  
History Of ◽  
Muslim Scholars

<p>Democracy was established in the Greek cities in the fifth century B.C. It is a liberal western system. In this regard, various Islamic countries applied democracy as a political and legal system where the people elect their representatives in the legislative authority in order to put the legal regulations that organize the human behavior.</p>The research included a brief idea about liberal democracy, its history and objectives, the political and legal system in the Islamic state, the dispute among Muslim scholars on the application of democracy in the Islamic states; some Muslim scholars refuse to apply democracy since the legal system in Islam relies on the Holly Qor'an and the Prophet's speeches, which are a biding regulation for Muslims, while other authors believe that Islam accepts democracy and others think that Islam should have its special democracy that differs from the liberal democracy. This paper discussed the political and legal systems that were applied the Islamic state during the history of Islam. Finally the paper presented the most conclusions and recommendations reached by the researcher.

The Role of Religious Force in the Wukan Incident

2013 ◽  
Vol 5 (1) ◽  
pp. 155-175 ◽  
Author(s):  
Hou Yuxin
Keyword(s):  
Human Rights ◽  
Religious Beliefs ◽  
The Political ◽  
The People ◽  
The World ◽  
History Of ◽  
The Media ◽  
Social Management ◽  
The Village

Abstract The Wukan Incident attracted extensive attention both in China and around the world, and has been interpreted from many different perspectives. In both the media and academia, the focus has very much been on the temporal level of the Incident. The political and legal dimensions, as well as the implications of the Incident in terms of human rights have all been pored over. However, what all of these discussions have overlooked is the role played by religious force during the Incident. The village of Wukan has a history of over four hundred years, and is deeply influenced by the religious beliefs of its people. Within both the system of religious beliefs and in everyday life in the village, the divine immortal Zhenxiu Xianweng and the religious rite of casting shengbei have a powerful influence. In times of peace, Xianweng and casting shengbei work to bestow good fortune, wealth and longevity on both the village itself, and the individuals who live there. During the Wukan Incident, they had a harmonizing influence, and helped to unify and protect the people. Looking at the specific roles played by religion throughout the Wukan Incident will not only enable us to develop a more meaningful understanding of the cultural nature and the complexity of the Incident itself, it will also enrich our understanding, on a divine level, of innovations in social management.

المساعي السياسية والإصلاحية للإمام أبي الوليد الباجي

2021 ◽  
Vol 6 (1) ◽  
pp. 537-548
Author(s):  
Sebbane Habib ◽  
Omar Boukhri
Keyword(s):  
Eleventh Century ◽  
Fifth Century ◽  
Political Life ◽  
The Political ◽  
Islamic State ◽  
Political Situation ◽  
Islamic Jurisprudence ◽  
Long Time ◽  
Umayyad Caliphate ◽  
Scientific Life

After the fall of the Umayyad Caliphate, the Andalusian Islamic state witnessed a political rupture as a result of chaos, rivalries and sectarian conflicts throughout the fifth century AH corresponding to the eleventh century AD. These dangerous security breakdowns led to the disintegration and division of the Islamic Caliphate in Andalusia into a group of independent kingdoms and small emirates which ultimately found themselves on one hand in permanent wars between them, and on the other in skirmishes with the neighbouring Christian forces. This fact contributed to lack of stability and peace of these lands and the establishment of weak governing systems for a long time. This political situation stressed the worsening of their social conditions and their scientific life. Nevertheless, this situation generated a motivating nostalgia and rage in some scholars and jurists such as Imam Abū al-Walīd al-Bājī who is considered one of the key-figures and scholars of Andalusia. He had a prominent role in pushing forward and reviving scientific life by setting various new foundations in order to reform some fields. His writings were directed for educational purposes. Besides, he included the reform of Islamic jurisprudence, which was aimed primarily for jurists and rulers. Furthermore, some of his writings were sermons and ethical moral instructions for commoners. His endeavours led him to enter the political life as he assumed the judicial profession of a judge, that enabled him to be in more touch with the various kings of sects giving him the chance to advise and guide them. His efforts in that end resulted in seeking to reunite the kings of the sects and their princes under the banner of Islam and unite their forces for the defence of Muslim presence in Andalusia against the Christian threat.

The Social Life of Opium in China, 1483–1999

2003 ◽  
Vol 37 (1) ◽  
pp. 1-39 ◽  
Author(s):  
Yangwen Zheng
Keyword(s):  
Social Life ◽  
Armed Conflicts ◽  
Modern China ◽  
The Political ◽  
Chinese History ◽  
Major Theme ◽  
Opium Trade ◽  
The People ◽  
History Of ◽  
Opium Wars

The history of opium is a major theme in modern Chinese history. Books and academic careers have been devoted to its study. Yet the question that scholars of the opium wars and of modern China have failed to ask is how the demand for opium was generated. My puzzle, during the initial stage of research, was who smoked opium and why. Neither Chinese nor non-Chinese scholars have written much about this, with the exception of Jonathan Spence. Although opium consumption is a well-acknowledged fact, the reasons for its prevalence have never been fully factored into the historiography of the opium wars and of modern China. Michael Greenberg has dwelt on the opium trade, Chang Hsin-pao and Peter Fay on the people and events that made armed conflicts between China and the West unavoidable. John Wong has continued to focus on imperialism, James Polachek on Chinese internal politics while Opium regimes: China, Britain, and Japan, 1839–1952, the latest work, has studied the political systems that controlled opium. But the political history of opium, like the opium trade and the theatre of war, is only part of the story. We need to distinguish them from the wider social and cultural life of opium in China. The vital questions are first, the point at which opium was transformed from a medicine to a luxury item and, secondly, why it became so popular and widespread after people discovered its recreational value. It is these questions that I address. We cannot fully understand the root problem of the opium wars and their role in the emergence of modern China until we can explain who was smoking opium and why they smoked it.

scholarly journals Governance and the Executive – Legislative Relations since Nigeria’s Fourth Republic (1999 – 2019) and Beyond

2020 ◽  
Vol 9 (2) ◽  
pp. 28
Author(s):  
Kunle Awotokun ◽  
Olu Okotoni
Keyword(s):  
Democratic Party ◽  
Secondary Data ◽  
The Political ◽  
Political Climate ◽  
African Countries ◽  
The People ◽  
Democratic Regimes ◽  
Fourth Republic ◽  
History Of ◽  
Free Transition

The Year 2019 is very significant in the history of party politics in Nigeria. It marked a two decade of uninterrupted democratic regimes culminating in violent-free transition of political power from the defeated ruling political party, the People&rsquo;s Democratic Party (PDP) to the opposition Party-All Progressive Congress (APC). The cut-throat rivalries among the political parties, as represented in the Executive and legislature, have been responsible for the political instability of the previous republics. What has been responsible for the relative calm in the political space of Nigeria? How has political elites responded to the issue of governance since the inception of Nigeria&rsquo;s Fourth Republic? How can the Nigerian state build and improve on the current political climate? These and other issues are what the paper has addressed. The work relied contextually on secondary data for appropriate information germane to the work. The findings and analyses will benefit from prognosis that would be of immense value only not to Nigeria, but further implications for other African countries faced with similar political scenario.

scholarly journals PERANAN BANGSAWAN BONE DALAM SISTEM PEMERINTAHAN DARI SWAPRAJA KE KABUPATEN (The Role of Bone Nobleman in The Government System from Swapraja to Regency)

2018 ◽  
Vol 10 (2) ◽  
pp. 135-151
Author(s):  
Risma Widiawati
Keyword(s):  
Political Development ◽  
The Political ◽  
Holding Power ◽  
South Sulawesi ◽  
The People ◽  
History Of ◽  
The Government ◽  
Head Of Government ◽  
Interesting Area

Bone Regency as part of South Sulawesi is a very interesting area to discuss. This area is not only part of the history of South Sulawesi, but also a historical flow of South Sulawesi. the existence of nobles who are so attached to the joints of the lives of the people of Bone is still interesting to be examined to this day. Based on this, the article aims to reveal the role of Bone nobility in the swapraja government system to the regency (1950 - 1960). The political development of the government during this period was seen as sufficiently influencing the political dynamics of the government in Bone Regency which continued even today. The method used is the method of historical research with four stages, namely, heuristics, criticism (history), interpretation, and presentation (historiography). The results of the study show that after the transition from swapraja to regency, the role of nobility is still very calculated. But it is no longer like in the period before the transition, where the government was ruled by the king / aristocracy. At this time the level of intelligence is also taken into account. Apart from the fact that the structure of the government is indeed different because the process of appointing head of government is also different. But in general the role of nobility after the transition was not much different, where there were still many nobles holding power. ABSTRAK Kabupaten Bone sebagai bahagian dari Sulawesi Selatan merupakan suatu daerah yang sangat menarik untuk dibicarakan. Daerah ini bukan saja merupakan bagian dari sejarah Sulawesi Selatan, tetapi juga merupakan arus sejarah Sulawesi Selatan. keberadaan bangsawan yang begitu melekat di dalam sendi kehidupan masyarakat Bone masih menarik untuk ditelisik sampai hari ini. Berdasarkan hal tersebut, maka artikel ini bertujuan untuk mengungkapkan tentang peranan bangsawan Bone dalam sistem pemerintahan swapraja ke kabupaten (1950 – 1960). Perkembangan politik dari pemerintahan selama periode ini dipandang cukup mempengaruhi dinamika politik dari pemerintahan di Kabupaten Bone yang berlangsung bahkan sampai sekarang. Metode yang digunakan adalah adalah metode penelitian sejarah dengan empat tahapan yaitu, heuristik, kritik (sejarah), intrepretasi, dan penyajian (historiografi). Hasil penelitian menunjukkan bahwa setelah peralihan dari swapraja ke kabupaten, peranan bangsawan masih sangat diperhitungkan. Namun tidak lagi seperti pada masa sebelum peralihan, di mana pemerintahan dikuasai oleh raja/aristokrasi. Pada masa ini tingkat kecerdasan juga diperhitungkan. Selain karena struktur pemerintahannya memang berbeda juga karena proses pengangkatan kepala pemerintahan juga berbeda. Namun secara umum peran bangsawan setelah masa peralihan tidak jauh berbeda, di mana masih banyak bangsawan yang memegang kekuasaan.

scholarly journals THE HISTORY OF THE GREAT SELJUK STATE IN AZERBAIJANI HISTORIOGRAPHY

Globus ◽  
2020 ◽  
Author(s):  
M. Bayramov
Keyword(s):  
Middle Ages ◽  
Cultural Development ◽  
The Political ◽  
Special Role ◽  
Military Operations ◽  
South Caucasus ◽  
The Caucasus ◽  
Caucasus Region ◽  
The People ◽  
History Of

The history of the Seljuk state, which played a significant role in the political, economic and cultural life of the Near and Middle East in the Middle Ages, is one of the most actual problems in Azerbaijani historiography. As it is known, after the establishment of the Seljuk state by the Turks, their main policy was to advance to the west, to seize Anatolia, to turn Anatolia into Turkish lands. The Caucasus region was the gateway to Anatolia. That is why the Caucasus, as well as Azerbaijan was of great military-strategic importance for the Seljuks. After the Dandanekan victory, it was decided at the Congress in Merv to launch new military operations to the East and West. The main target of the attack was Iran, Byzantium and the South Caucasus, because these countries were in political disarray and unable to resist them. Seljuk troops advancing on the Caucasus soon subjugated the local feudal states. The people of Azerbaijan, who have been under the rule of the Seljuk state for more than a century, have played a special role in the political and cultural development of the Seljuk state. However, this problem in national historiography has been a separate research topic only in the second half of the 20th century, which has long been out of sight. The present article is devoted to the study of Seljuk state in Azerbaijani historiography. The article studies the works of prominent Azerbaijani historians Z. Bunyadov, R. Huseynov, N. Akhundova, N.Aliyeva, Sh.Mustafayev, I.Hajiyev, T.Dostiyev and others, who have done research in this area since the second half of the twentieth to the first decade of the twenty-first century and their role in the study of the history of the great state in the medieval Muslim East, the Seljuk State, has been defined

State, Sovereignty, and the People: A Comparison of the “Rule of Law” in China and India

2009 ◽  
Vol 68 (1) ◽  
pp. 55-100 ◽  
Author(s):  
Jonathan K. Ocko ◽  
David Gilmartin
Keyword(s):  
Rule Of Law ◽  
Social Order ◽  
The Political ◽  
British India ◽  
Fourth Section ◽  
The Rule Of Law ◽  
China And India ◽  
The People ◽  
History Of

This paper uses the concept of the “rule of law” to compare Qing China and British India. Rather than using the rule of law instrumentally, the paper embeds it in the histories of state power and sovereignty in China and India. Three themes, all framed by the rule of law and the rule of man as oppositional yet paradoxically intertwined notions, organize the paper's comparisons: the role of a discourse of law in simultaneously legitimizing and constraining the political authority of the state; the role of law and legal procedures in shaping and defining society; and the role of law in defining an economic and social order based on contract, property, and rights. A fourth section considers the implications of these findings for the historical trajectories of China and India in the twentieth century. Taking law as an instrument of power and an imagined realm that nonetheless also transcended power and operated outside its ambit, the paper seeks to broaden the history of the “rule of law” beyond Euro-America.

The History of Modern Japanese Law

Japanese Law ◽  
2021 ◽  
pp. 11-23
Author(s):  
Hiroshi Oda
Keyword(s):  
Social System ◽  
Second World War ◽  
The Political ◽  
World War ◽  
The People ◽  
The Us ◽  
Major Reform ◽  
History Of ◽  
Japanese Law ◽  
Second World

Japan built its modern legal system on the basis of the codes imported from Europe, namely Germany and France. After the Second World War, there was some influence of US law, e.g. the Constitution and the Code of Criminal Procedure. The new Constitution, which remained unchanged until today, has introduced significant changes in the political and social system of Japan. It was proclaimed that sovereignty rested with the people and not the emperor. The Diet elected by universal election became the supreme body of the state. Another major reform was triggered by the US-Japan Structural Impediments Talks in 1989–1990.

Introduction

2007 ◽  
pp. 1-8
Author(s):  
Jeremy Cohen
Keyword(s):  
Seventeenth Century ◽  
Cultural History ◽  
Religious Community ◽  
The Political ◽  
Jewish State ◽  
Modern Times ◽  
The People ◽  
History Of Religions ◽  
History Of ◽  
The Impact

This chapter investigates the idea of the 'Jewish contribution' that was borne on Jews, non-Jews, and the interaction between them in modern times, from the seventeenth century to the present. It determines what role 'Jewish contribution' has played in 'Jewish self-definition' and how it has influenced the political, social, and cultural history of the Jews. It also discusses the biblical heritage that Jews, Christians, and Muslims share that highlights the people of the book and the impact of biblical monotheism on the history of religions. The chapter looks at the survival of the Jews as a distinct ethnic group and a multinational religious community that wrestles with the phenomenon to understand the reasons for their survival. It mentions the tragedy of the Nazi Holocaust and the re-establishment of the Jewish state in its wake that piqued the curiosity of the world.

“Acting Directly on the People”

2019 ◽  
pp. 142-155
Author(s):  
David S. Schwartz
Keyword(s):  
Civil War ◽  
Supreme Court ◽  
Race Relations ◽  
Legal Tender ◽  
Interstate Commerce ◽  
Paper Money ◽  
Legislative Authority ◽  
The People ◽  
The Supreme Court ◽  
History Of

Post–Civil War nationalism meant a partial but significant reversion to prewar constitutionalism, recognizing federal legislative authority over “every foot of American soil” and implementing the antebellum Whig-nationalist economic agenda, but allowing states to retain, or regain control over race relations. The Supreme Court upheld the constitutionality of internal improvements, but declined to embrace implied commerce powers, suggesting instead (as in Gibbons v. Ogden) that the question involved the definition of interstate commerce as an enumerated power. The Court seemed to want to confine McCulloch v. Maryland to taxation, banking, and currency matters. The Legal Tender Cases, which relied on McCulloch to uphold the federal power to issue paper money, were a watershed in the history of implied powers, and were recognized as such at the time by many commentators. Yet the Supreme Court over the ensuing decade and a half seemed unwilling to follow through on McCulloch’s full implications.

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