VIII. THE LEGAL STATUS OF MUSLIM COMMUNITIES IN ENGLISH LAW

2013 ◽  
pp. 225-240
Author(s):  
Julian Rivers
Keyword(s):  
Legal Status ◽  
English Law ◽  
Muslim Communities

THE LEGAL STATUS OF CENTRAL BANK INVESTMENTS UNDER ENGLISH LAW

1998 ◽  
Vol 57 (2) ◽  
pp. 374-390 ◽  
Author(s):  
WILLIAM BLAIR
Keyword(s):  
Legal Status ◽  
Case Law ◽  
Central Banks ◽  
The Public ◽  
State Immunity ◽  
The Us ◽  
English Law ◽  
The Uk ◽  
Special Provision ◽  
Made In

Central banks have enormous sums of money in various forms of investments. When claims are made either against the banks themselves, or against other governmental bodies, issues arise as to whether these assets can be attached, and made available to satisfy judgments. The article explains how central banks are treated in English law. It explains the special provision made in respect of their assets under the State Immunity Act 1978. There is wide immunity from attachment, though questions can arise as to the ownership of such assets. The UK legislation is, in some respects, wider than its counterpart, the US Foreign Sovereign Immunities Act 1976. Recent case law is described in which the English courts have recognised that the public responsibilities of central banks have to be taken account of when determining the extent of their liability to attachment.

scholarly journals A COMPARATIVE EXPOSITION OF THE LAW OF HUSBAND AND WIFE IN TERMS OF ISLAMIC LAW, SOUTH AFRICAN LAW AND THE LAW OF ENGLAND AND WALES ‒ PART TWO

Obiter ◽  
2021 ◽  
Vol 42 (2) ◽  
Author(s):  
Razaana Denson
Keyword(s):  
South Africa ◽  
South African ◽  
Islamic Law ◽  
Legal Systems ◽  
England And Wales ◽  
English Law ◽  
The Law ◽  
Muslim Communities ◽  
Personal Law ◽  
Legal Consequences

The article discusses and compares the dissolution of a marriage as well as the legal consequences thereof in Islamic law, South African law and English law. This is done in order to demonstrate that despite similarities, there are vast differences between the three legal systems. This impacts on how Muslim personal law (MPL) can be recognised and regulated in South Africa and in England and Wales as constitutional democracies. South Africa, England and Wales share a commitment to human rights and have adopted various approaches in respect of accommodating the application of Islamic law. Internal pluralism also exists within the Muslim communities in South Africa, England and Wales as the majority of Muslims in these countries have to varying degrees developed diverse strategies to ensure compliance with Islamic law, as well as with South African and English law. Notwithstanding the accommodation of MPL in terms of South African and English law, the differences between these legal systems have resulted in decisions that, while providing relief to the lived realities of Muslims, are in fact contrary to the teachings and principles of Islam and therefore problematic for Muslims.

LEGAL STATUS NON-MUSLIM COMMUNITIES IN THE OTTOMAN EMPIRE IN THE XVI-XIX CENTURIES

2016 ◽  
Vol 4 (2) ◽  
pp. 102-110
Author(s):  
Александр Сквозников ◽  
Aleksandr Skvoznikov
Keyword(s):  
Ottoman Empire ◽  
Military Service ◽  
Legal Status ◽  
Islamic Law ◽  
Religious Affiliation ◽  
The State ◽  
Legal Doctrine ◽  
Muslim Communities ◽  
The Right ◽  
Judicial Protection

The aim of the article is to investigate the legal status of non-Muslim communities in the Ottoman Empire. The author concluded that the sources of Islamic law, including the Koran and Islamic legal doctrine, formed the basis of the legal system of the Ottoman Empire, recognized the equality of people regardless of their racial, ethnic or religious affiliation. Non-Muslim subjects of the Ottoman Empire guaranteed the right to life, security of person and property, freedom of religion, freedom of economic activity, the right to judicial protection and protection against external enemies. However, the scope of rights and duties of citizens depend on their religious affiliation. The Ottoman Empire was essentially theocratic state, where Islam is the state religion and regularly held a dominant position among the other denominations. Served non-Muslim were somewhat limited in their rights: they could not come to the state, including military service, which does not allow us to talk about full equality of all subjects of the Ottoman Empire, regardless of religion.

LEGAL STATUS OF THIRD PARTIES TO A CONTRACT IN ENGLISH LAW

2016 ◽  
Vol 4 (1) ◽  
pp. 47-53
Author(s):  
Алексей Чурилов ◽  
Aleksei Churilov
Keyword(s):  
Special Interest ◽  
Legal Status ◽  
Common Law ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
English Law ◽  
The Third Party

This article covers basics of the legal status of third parties in English common law, in particular, from the established in 1861 socalled privity rule viewpoint. The author explains some of developed by court exceptions, which established a possibility to enforce contract by a third party, and a possibility to recover damages by the third party. Contracts (Rights of Third Parties) Act 1999 is of special interest.

The Status of the United States Forces in English Law

1944 ◽  
Vol 38 (1) ◽  
pp. 50-73
Author(s):  
Egon Schwelb
Keyword(s):  
United States ◽  
Legal Status ◽  
Armed Forces ◽  
The United States ◽  
Whole Body ◽  
The United Kingdom ◽  
The Status ◽  
History Of ◽  
Legal Position ◽  
English Law

It is proposed to deal in this article with the English law concerning the legal status of the United States forces present in the territory of the United Kingdom of Great Britain and Northern Ireland during the present war. The history of, and the controversies regarding, the legal position of friendly armed forces on foreign territory in international law remain outside of the scope of the present survey, which is devoted to the municipal aspect of the matter. In order, however, to give a picture of the whole body of English law applicable to the American forces we shall include a few remarks on the development of the question in English municipal and British imperial law, and it will also be necessary to compare the provisions concerning the United States forces with those regulating the status of the other allied and associated forces at present stationed in the British Isles, as well as with the provisions regarding visiting Dominion troops. As will be seen later there has been a certain amount of interdependence between international and interimperial relations with regard to the legal problem with which we are concerned.

Many Laws, Many Legalities

2003 ◽  
Vol 21 (3) ◽  
pp. 621-622 ◽  
Author(s):  
Bruce Kercher
Keyword(s):  
United States ◽  
Legal Status ◽  
Legal Education ◽  
The United States ◽  
Law Students ◽  
Privy Council ◽  
Law Schools ◽  
Supreme Courts ◽  
English Law ◽  
Made In

Peter Karsten asks why there might be a greater comparative propensity among CANZ historians than among those of the United States. Part of the reason may lie in the legal education many of us in Australia received, and in the formal legal status of many commonwealth countries until recently. As recently as the early 1970s, Australian law students were taught that English law was as significant as that made in the Australian courts. Appeals from the Australian Supreme Courts to the Privy Council were finally abolished only in 1986. From that time onward, there was a drive within the law schools to find differences from England, to look toward comparisons with other places than England.

scholarly journals Praktik Gadai Pohulo’o di Gorontalo dalam Perspektif Hukum Islam

2021 ◽  
Vol 15 (2) ◽  
pp. 293-308
Author(s):  
Rulyjanto Podungge
Keyword(s):  
Legal Status ◽  
Customary Law ◽  
Religious Leaders ◽  
Muslim Society ◽  
Sociological Approach ◽  
The Law ◽  
Compliance With The Law ◽  
Muslim Communities

Muslim communities believe that compliance with the law is not only in the field of worship but also in the field of muamalah. Therefore, people want what they practice to be legal and in accordance with Islamic teachings. One of the problems whose legal status continues to be questioned is the issue of pawning which is carried out under customary law. There have been many explanations regarding this problem by religious leaders, but their answers have not been able to satisfy the community. The answers available so far tend to conclude that the practice is not allowed, the law is haram. It is undeniable that the explanation of this in fiqh books is indeed the case because the collateral in the pawn cannot be used by the pawnee, who in this case is a creditor. A creditor may not take advantage of the pledged goods for reasons of riba (usury). However, the practice of pawning, which is carried out according to custom, has become a tradition in the community and is carried out with the pleasure of the pawnbroker and pawnee, and this tradition has become a means to get out of trouble to cover one's life. This article explains the problem of the pawn tradition in Muslim society through a sociological approach in addition to the usuliyah syar'iyah approach

‘Cohabitants’ in the Law of England and Wales: a Brief Introduction

2020 ◽  
pp. 27-38
Author(s):  
Joanna Miles
Keyword(s):  
Legal Status ◽  
Family Type ◽  
England And Wales ◽  
Legal Provisions ◽  
Legal Position ◽  
English Law ◽  
The Law

This chapter focusses on the legal position of cohabitants in English law, noting that these non-legally recognised couples are the fastest growing family type. It discusses the nature and the legal status of these relationships, and the lack of a coherent set of laws regulating them, instead requiring couples to hunt in various corners of the law in search of rights, duties and other legal provisions which are applicable to them.

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