The Legitimacy of The Marriage of Husband and Wife Who Are Converts to Islam and the Implications for Their Descendants

Marriage in Indonesia has been regulated in laws and regulations that apply to all Indonesian people, namely the Marriage Law Number 1 of 1974.[1] In this Law as stated in Article 2 which reads that marriage is only valid, if it is carried out according to each religion and belief, then each marriage is recorded based on the applicable laws and regulations. The Jambi Religious Court as the executor of judicial power in the Jambi Religious High Court area has received 2 (two)cases isbat/ marriage ratifications for non-Muslim husbands and wives to become converts to get legal certainty from marriage before embracing Islam, namely the case with Number 14/Pdt.P /2017/PA Jmb on 01 February 2017 and the case with Number 64/Pdt.P/2019/PA Jmb on 09 August 2019. The reason for converting husbands and wives to submit isbat/ marriage ratification is because marriage before embracing Islam does not have a certificate marriage from the Civil Registry Office. So that the husband and wife of the converts filed a case isbat/ marriage ratification to the Jambi Religious Court to ask for the validity of their marriage. The Jambi Religious Court judge who tried the case, in his decision, granted the request and declared the marriage of a husband and wife to be converts to Islam without advocating remarriage. Even though the marital status of a non-Muslim husband and wife when they converted to Islam, the scholars were still debating until they were divided into two groups.

The Xylinitai on the Service to Byzantine Emperors: A Seal of Niketas Xylinites, Protospatharios and epi tou koitonos

Introduction. Among the most ancient and noble Byzantine families there were the Xylinitai, who belonged to the first rank of “pure” civil nobility. Nevertheless, only restricted information of this family members survived. Therefore, any new account is of importance not only for the Byzantine prosopography but also for the Byzantine history in general. In this connection, interesting is one sigillographic find which uncovers a new page in the life of one of this family members. According to the seal legend, its owner Niketas Xylinites held the second-class rank of protospatharios and was engaged in the court service at the emperor’s bedchamber, the koiton. There is no doubt that the stylistic features date the molybdoboullon in question to the eleventh century. Analysis and Results. The sources in possession supply information on a few persons bearing this name and belonging to the family in question, who left their footprint in the annals of history in this or that way. All of them were high-ranked courtiers and persons of importance, whose career stages were reflected in different periods of Byzantine history. The comparison of the seal data with other sources allows us to suppose that the owner of the seal was Niketas Xylinites, a member of the milieu of Empress Theodora, related to her ascension to the Byzantine throne following the death of Constantine IX. The sources only inform of his career that he got from the Empress of one of the highest civil offices (logothetes tou dromou) and a high court title of proedros. According to the seal under study, it reflects the earliest stage in Niketas’ career at the court, when he was selected to serve at the emperor’s bedchamber and got the rank of protospatharios. The Seal of Niketas Xylinites probably dates to the late 1030s – very early 1040s, the period before he got the title of patrikios, his works in the Iveron monastery, and Theodora’s ascension to the throne.

Citizens’ Perceptions on the Role of Court Sentencing in Crime Control: A Survey of Mthatha High Court Juridical Area in South Africa

For over a century, the role of court sentencing on crime deterrence has generated significant debate. In this study, we explored the citizens’ perceptions on the role of court sentencing in South Africa’s Mthatha area. The findings are looked in the context of the broad theories of punishment namely: retributive theory, deterrence theory, preventive theory, reformative theory and compensation theory. A total of purposefully sampled 90 respondents were invited to participate in this study through closed-ended questionnaires. The univariate perception results of the study reveal that reformation of the offender, protection of the offender from being harmed by the victim in retaliation, and ensuring that the victims get justice are the most significant roles of court sentencing. Collectively, the reality that severe sentence scares potential criminals not to commit crime stands out and is the most correlated role of court sentencing. Court sentencing was also viewed to be having two pronged preventive effect on criminal activities. First, the criminal is incapacitated from engaging in criminal activities during the time of imprisonment; and second, the offender is removed from the environmental factors that led to offending. As part of the conclusion, the study recommends sentencing policies that mainly support reformation of offenders.

Bell v Tavistock: Rethinking informed decision-making as the practical device of consent for medical treatment

The decision of the High Court in Bell v Tavistock has excited considerable discussion about lawful consent for puberty-blocking drug treatment for children with gender dysphoria. The present paper draws attention to a wider question that surfaces through this case: is informed decision-making an adequate practical tool for seeking and obtaining patients’ consent for medical treatment? Informed decision-making engages the premises of the rational choice theory: that people will have well-crystallised health goals; and, if they are provided with sufficient information about medical treatments, then they will be able to choose the treatment that satisfies their goals. Whilst appealing, the informed decision-making paradigm is assailed by various fallacies, which apply not only to children but also to adults. In Bell v Tavistock, the High Court seems to have recognised such fallacies, and it rejected informed decision-making as an adequate tool for consent from children with gender dysphoria. Similar considerations apply to adults in various situations. Thus, Bell v Tavistock can be seen as an attempt to refine the views on the consent that were expressed by the Supreme Court in Montgomery. It can be inferred that the Supreme Court did recognise the limitations of informed decision-making, but it did not develop this point. Further work is required to formulate an adequate model of decision-making, and Bell v Tavistock serves as a useful reminder to rethink informed decision-making as the device for consent.

Codification of the legislation of Ukraine on intellectual property: material and procedural aspects

Key words: intellectual property law, legislation, material norms, proceduralnorms, codification The article is devoted to the study oflegislative problems that determine the appropriateness of the codification of Ukrainianlegislation on intellectual property. The current state of legislation in this area,the results of the reforms of procedural legislation of 20218 and special legislation of2020 are analysed. It is concluded that the special legislation of Ukraine on intellectualproperty requires further systemic improvement, unification, taking into accountthe development of the enforcement of European legislation in this area. The currentstructure of special laws is complex, dubbed norms and legal and technical shortcomings.Considering the number of tasks, the solution of which is advisable when improvinglegislation, it is obvious that the introduction of individual point changes isineffective. Another significant factor requiring recourse to the legislative procedureis the creation in Ukraine of the High Court for Intellectual Property Issues, and ascientific discussion regarding the procedural rules by which this court should administerjustice. The current legislative field contains certain rules governing the activitiesof this court, however, the presence of special procedural provisions in the legislationof the European Union, along with non-compliance with certain provisions of theAgreement on Trade-Related Aspects of Intellectual Property Rights and the AssociationAgreement between Ukraine, on the one hand, and the European Union, thecommunity on nuclear energy and their member states, on the other hand, makes itnecessary to supplement national procedural legislation with appropriate norms.Based on the characteristics of the structure of the legislative landscape, it is proposedto consider the possibility of incorporating material, procedural and proceduralnorms in a single legislative act. Approaches to defining the goals and principles ofsystematization of legislation are proposed.

Period-specific differences of style in Haribhaṭṭa’s “Garland of Jātakas” and in the “Avadāna-Śataka” (based on the deer jātaka)

The article examines the evolution of style traced in Sanskrit literature during the development of the genre of jātaka – the story of a previous life of Buddha – at an early stage of the genre's existence, represented by the anonymous collection “Avadāna-Śataka” (around 2nd century AD), and at the stage of the developed author literature, an example of which is the “Garland of Jātakas” by Haribhaṭṭa (4th to 5th centuries AD). The pre-literary jātaka in the Pali language is fairly well studied, while the literary works we consider here, being significant for the tradition, have hardly been studied in Russian science at all. Consideration of “Avadāna-Śataka” was carried out using the approaches of epic studies applied by Pavel Grintser to the “Mahābhārata” and “Rāmāyana”, which allowed us to reveal here the traces of the formulaic style characteristic of the oral existence of texts. These traces, however, are residual and indicate the stylisation of the text to the oral style of the pre-literary jātakas included in the Buddhist canon. In general, the text style is simple and monotonous; repetitions, catalogues and formulae are often found in it. We find a clear contrast to this picture in Haribhaṭṭa’s “Garland of Jātakas”, where features of the high court Sanskrit literature of the classical period (4th to 5th centuries AD) are obvious, to which this work has been proved to belong by indirect evidence. The article is devoted to a comparative analysis of the two literary works from the standpoint of historical poetics.

NSU CASE COVERED UP AND LEGALLY CLOSED: IS IT POSSIBLE TO AVOID SOCIAL AND POLITICAL REPERCUSSIONS?

The neo-Nazi Nationalist Socialist Underground (NSU) terrorist group killed ten people in Germany between 2000-2007. Eight of the victims were members of the Turkish community of more than three million people living in Germany. Beate Zschäpe, Uwe Mundlos, and Uwe Böhnhardt were the nucleus of the National Socialist Underground NSU . Two of them, Uwe Mundlos and Uwe Böhnhardt, had killed themselves in the operations. Beate Zschäpe was the only core member of the NSU stayed alive when NSU trial began. Along with Beate Zschäpe, the four suspected accomplices deemed to be in the close periphery of the NSU trio, including Ralf Wohlleben and André Eminger were tried and received varying degrees of imprisonment. Germany’s highest court of appeals, which is Federal Court of Justice, had rejected appeals by Beate Zschäpe and other two convicted accomplices on 19 August 2021. The Federal Court has recently upheld the exceptionally light prison sentence of two and a half years that Andre Eminger received in 2018. Thus, the Munich court's verdict has become fully legally binding through this decision. It is reported that the high court did not find any legal errors or gaps in the arguments of the Munich court for the verdict and rejected appeals. Ten years after the NSU Neo-Nazi terror cell was exposed, with this decision of the German Federal Court of Justice, the NSU case was legally concluded and closed in its entirety. We have already explained in our previous analyses that racism and xenophobia, Islamophobia is on the rise in Germany and that we, as AVİM, consider this fact a worrying development. We should underline that the totality of court decisions regarding the NSU murders reinforced the perception that racism, xenophobia, and Islamophobia did not receive the punishment they deserved in Germany and that the true dimensions of the NSU organization wilfully be left unclarified.

CAUSES OF ORGANISATIONAL CONFLICT IN PUBLIC INSTITUTIONS IN GHANA: A STUDY IN TAMALE HIGH COURT

Organizational conflicts are generally inevitable in public institutions. However, there seems to be paucity of studies on the causes of organisational conflict in public institutions in Ghana in general and Tamale High Court in particular. This article seeks to bridge this knowledge gap by determining the causal factors of organizational conflicts in the Tamale High Court. The research gathered data from both primary and secondary sources and used the case study approach. The key instruments used for the data collection were interview guides. A total of fifteen (15) participants; eight (8) senior staff and seven (7) junior staff who took part in this study were purposively selected. The study found out that ineffective organisational system, unpredictable policies, tribalism, incompatible goals, poor communication, distribution of duties, lack of benefits, varying views on accountability, poor relations between senior and junior staff, disagreement between employees and employers, clashing of one’s role, selfishness among employers and employees, politics and difference in educational background, personal experiences, religion and gender are the factors causing conflict at Tamale High Court. It is recommended that the staff of Tamale High Court should be cordial and work harmoniously towards the administration of Justice in Ghana. It is further recommended that the management of Judicial Service in the Northern Region of Ghana apart from the Complaint Unit design a system where grievances can be tackled easily when there are conflicts. Keywords: Causes, Organizational Conflict, Public Institutions, Tamale High Court, Northern Region, Ghana.