Consensual Accommodation of Sharia Law and Courts in Greece

2021 ◽  
Vol 23 (2) ◽  
pp. 167-184
Author(s):  
Nikos Koumoutzis
Keyword(s):  
Law And Courts ◽  
Sharia Law

The Ottoman Berats of the Greek Orthodox Patrirach of Jerusalem (1872–1931)

2015 ◽  
Vol 14 (2) ◽  
pp. 189-201
Author(s):  
İhsan Satış ◽  
Muhammed Ceyhan
Keyword(s):  
Public Law ◽  
Greek Orthodox ◽  
Domestic Relations ◽  
Sharia Law ◽  
Executive Authority ◽  
The Way

Ottoman Berats (charters 1 1 The authors prefer to use the term Berat, a Turkish expression which is also used extensively in the literature. The term ‘charter’ has more institutional meaning and since each Patriarch received its own specific Berat so the word charter does not give the full meaning. ) were official documents issued by Sultans delineating the tasks, powers, exemptions and concessions granted to Greek Orthodox Patriarchs to be the applicable within the jurisdiction of the Patriarchs. The Berat also showed that the Patriarch was elected by the Synod and approved by the Sultan. A Patriarch who did not have Berat could not perform his duties or exercise executive authority. This article critically examines the Berats of the Greek Orthodox Patriarch of Jerusalem in the period 1873–1931. These Berats are analysed in terms of their contents as well as in connection to the way non-Muslims were subject to rules which applied to the domestic relations of the Greek Orthodox community and to public law areas which came within the scope of Sharia law.

Pembagian Harta Waris dalam Tradisi Masyarakat Muslim di Gorontalo

2019 ◽  
Vol 13 (2) ◽  
pp. 187-202
Author(s):  
Hamid Pongoliu
Keyword(s):  
Islamic Law ◽  
Sharia Law ◽  
The Will ◽  
The Law

Gorontalo has a customary principle derived from sharia law, and the sharia law is sourced from the Qur'an, hadith, ijmak and qiyas (adati-hula'a to syara'a, syara'a hula'a to Kitabi), which should reflect the existence of the implementation of the distribution of inheritance in Islam in the Gorontalo community. This customary principle can be a source of law if it is a rational act, not immorality, done always repeatedly, does not bring harm and does not conflict with the law of sharak. But in reality there is the implementation of inheritance that violates Islamic law, namely the distribution by way of deliberation, the determination of the amount of heirs equally, the delay in the distribution of inheritance, wills with houses given to girls, wills not to distribute inheritance, distribution of assets it depends on the will of the heir and the delay in the distribution of inheritance on the grounds that one of the parents is still alive. The distribution by deliberation and determination of the amount of the portion for each heir are equally acceptable as long as they follow the guidelines of the Compilation of Islamic Law article 183 and the concept of takharruj which was previously preceded by the Shari'a division. After the heirs know the size of the portion, then they may agree to share it in their own way or leave the inheritance according to Shari'a and agree to give to each other with other heirs.

Artificial Insemination: An Academic Analysis from the Perspectives of Sharia and Contemporary Medicine

2020 ◽  
Vol 2 (2) ◽  
pp. 16-24
Author(s):  
Mohammad Ayaz Niazi
Keyword(s):  
Artificial Insemination ◽  
Baby Girl ◽  
Western Countries ◽  
Sharia Law ◽  
Medical Issues ◽  
Scholarly Article ◽  
Infertile Couples ◽  
Sperm Banks ◽  
Contemporary Medicine ◽  
The Uk

This scholarly article discusses the view of Islamic Sharia law pertaining to artificial insemination. Artificial insemination, as one of the contemporary medical issues, was not in existence in the era of Sharia jurisprudents. It emerged in the last century as a result of scientific and medical developments; as its first successful experience in the field was performed in the UK in 1977 on the birth of a baby girl called Louise Brown. The practice later proliferated in other western countries, even surpassing its legitimate aim of treating infertile couples, as it began to entail businesses such as womb comodification, the establishment of sperm banks, and the like.

The Ruling on Aborting the Fetus and Its Effect on Inheritance: A Comparative Study between the Four Sunni Schools, Indonesian Law and Malaysian Law

2021 ◽  
Vol 4 (4) ◽  
pp. 60-93
Author(s):  
Andri Nirwana ◽  
Faisal Husen Ismail ◽  
Dhia’ul Khaq ◽  
Yeti Dahliana ◽  
Alfiyatul Aziza ◽  
...  
Keyword(s):  
Comparative Study ◽  
Research Method ◽  
Islamic Law ◽  
Legal Regulations ◽  
Muslim Countries ◽  
Sharia Law ◽  
Depth Study ◽  
Qualitative Descriptive ◽  
Similarities And Differences

Abortion is an act of killing to life which is forbidden in Islam. Abortion gives rise to differences of view among past and contemporary scholars on its enabling and prohibition. So, this study is to examine the views of scholars and laws in Indonesia and Malaysia related to abortion and its impact on inheritance ownership. This situation affects the inheritance of property to the mother from the aborted baby. The method of this study is qualitative descriptive. The approach of this research method is descriptive of content through literature. Books, journals, newspaper clippings, and legal regulations are the premier references to this study. This study finds that there are similarities and differences between sharia law and the rules applied in Indonesia and Malaysia. In terms of similarities, Islamic law and the laws in Indonesia and Malaysia provide for the prohibition of abortion. But, in certain circumstances, the fetus can be aborted for certain reasons, such as harming the mother or for medical reasons. In addition, this study found differences in punishment for women who had an abortion for no valid reason. Therefore, this study reveals the harmonization of Islamic law with the laws conducted in Indonesia and Malaysia. So, this study recommends forming a better in-depth study of efforts to harmonize the larger Islamic law to the rules regulated in Muslim countries.

THE RUSSIAN CONSUL IN DAMASCUS PRINCE BORIS N. SHAKHOVSKOY’S ROLE IN INTERFAITH PEACE ON THE EVE OF THE FIRST WORLD WAR

2020 ◽  
pp. 162-178
Author(s):  
Aleksei V. Sarabiev ◽  
Keyword(s):  
Ottoman Empire ◽  
First World War ◽  
World War ◽  
Interfaith Relations ◽  
Balkan Wars ◽  
Sharia Law ◽  
The First World War ◽  
The Common ◽  
Foreign Ministry ◽  
First World

Prince Boris N. Shakhovskoy (1870–1926), the Russian consul in Damascus from 1907 until the First World War, left to his descendants a legacy of attentive and balanced diplomacy. His reports to the Russian Embassy in Constantinople and to the 1st Division of the Foreign Ministry contain invaluable information shedding light on interfaith relations in the Syrian regions of the Ottoman Empire on the eve and after of the Young Turk Revolution, as well as on the early months of the so-called Great War (WWI). The article analyzes the messages of the diplomat on various aspects of the religious situation in the region. He considered the activities of the Islamist organization Muslim League in Damascus, which aimed at enforcing Sharia law throughout Syrian society and countering non-Muslim and European influence in the region. An anxious change in interfaith relations is being evaluated, when Muslim suspicion towards Christians grew, aggravated by the common conscription in the context of the Tripolitan and two Balkan wars. The consul attentively followed the problems of the participation of the Orthodox Arabs in the Ottoman institutions, as well as the attempts to join the English Old-Catholics to Orthodoxy, acting through Metropolitan of Beirut. Of historical interest is also the information about the transition of the Syrian Jacobites to Catholicism, as well as notes on the Catholic missions activities in the region. All these issues in the Syrian soil are viewed by the diplomat through the prism of competition between European powers, especially France and Italy.

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