İktisadî Hayatta Ve İslâm’da Faiz ed: Recep Cici, Süleyman Sayar, İstanbul: Ensar Neşriyat 2018
Review of: İktisadî Hayatta Ve İslâm’da Faiz ed: Recep Cici, Süleyman Sayar, İstanbul: Ensar Neşriyat 2018
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Review of: İktisadî Hayatta Ve İslâm’da Faiz ed: Recep Cici, Süleyman Sayar, İstanbul: Ensar Neşriyat 2018
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The author problematizes the middle level of authority (entities and cantons) in the internal organization of Bosnia and Herzegovina. By exploring the historical path of her internal organization, from its medieval statehood over the Ottoman, Austro-Hungarian, Yugoslav and Dayton period, the author concludes that Bosnia as a society, later as a state, was formed by her citizens of different religions and ethnicities, living together and sharing her destiny. The author found that Bosnia was not a tribal state since its creation, nor was it within its administrative division ever (until Dayton) divided on religious and ethnical lines. The author states that the main reason for the dysfunctionality of Bosnia and Herzegovina can be found in this as the, that is, the slow progress of Bosnia and Herzegovina towards EU and NATO membership. The author advocates the abolition of ethnical and entity affiliations in the internal administrative organization of Bosnia and Herzegovina. This would result in the disappearance of the asymmetrical divisions of Bosnia and Herzegovina in two multiethnic entities, also in the federalization of Bosnia and Herzegovina into 14 cantons, with prewar Sarajevo as the capital and the Brčko district with one president. As an alternative to this he proposes a return to the 1974 constitution with all its amendments.
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Except certain circumstances, the life of a human being is accepted as untouchable according to every Divine Religion and the unlawful killing of an individual is forbidden Under certain circumstances the ending of one’s life is left to legally entrusted lawful commissions of jurisdiction. However, in many cases of honour killings which females are often subjected to, instead of legal institutions delivering judgements of whether to punish someone or not, we see that individuals carry out their own ideas of justice and punishment, often with the taking of one’s life, and therefore we refer to this as a crime and murder. However Islam has taken necessary steps in showing sensitivity towards the protection of one’s honour and its protection as well as the punishment for its violation.. So to see Islam as a reason for honour killings is an injustice to Islam. This is due to the clear instructions which Islam orders, the method of punishment and the fact that it has allocated such authority to legal commissions but in no way to the individual. Consequently according to Islamic jurisprudence it is inconceivable and unacceptable for individuals to make any decisions to execute punishments in the name of honour.
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Highlights from our coverage region: radiation in Russia after accident; swine fever grips Balkans; taking Stalin to court; a Thai PM who is now Serbian; and Azeri child marriages.
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II/VIII. century is an important era for the formation of fiqh madhabs (schools). Many fiqh scholars from this century have been followed throughout the later centuries where they were regarded as madhab founders or imams. Some of these madhabs have survived to the present day, but some of them have disappeared over time. The madhab of Abd al-Rahman al-Awzai is one of these madhabs which have disappeared after existing in Syria and other parts of Islamic world for a long time. There are scientific, social and political reasons behind the formation, spread, weakening and disappearence of madhabs. A comparison between these ancient madhabs and the surviving madhabs will shed light on the history of fiqh and give us an opportunity to benefit from the rich fiqh treasure of solving new problems.
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The literature of the methodology of Islamic Law (Usul al-Fiqh) does not only study the subject of “sources of law”; but also studies Linguistic discussions as well. The subject of “haqiqah-majaz” also takes place in these discussions. al-Sarakhsi, in his book, known as “Usul al-Sarakhsi” which discussed this subject, has counted five situations in a seperate chapter entitled “situations where haqiqah is left”. These situations are listed as “significance of custom”, “significance of word”, “significance of the syntax”, “significance of speaker‟s situation” and finally “the subject of the speech”. In this article we discuss the reflections of these situations titled “evidences of the figurative meaning” written in a book by al-Sarakhsi that is named as al-Mabsut. After discussing these situations, we add to them a further two situations. These are “the impossibility of the real meaning” and “declaration of intent”.
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Bada is a belief which has from the Shia context. It has first come out from the groups belonging to Ghulat Shia but in time has been approved by all Shia groups. This Notion has received extreme rejected by Orthodox Muslim theologians who consider that it is a contrary position to the Muslim notion of unity and it presupposes the change in divine attributes of knowledge and will. However, it is well observed that recent theologians of Imamiyyah Shia have pursued a different direction from their previous colleges and they have recently tried to reconcile it with the notion of abolishing (nash) belonging to Muslim orthodoxy. But it is clear that there is no direct similarity between these two notions, that is the bada and nash. Since, the concept of nash is validly carried out in the realm of the law, it is invalid in the realm of creed. However the belief of bada is related to the divine knowledge in one sense, and is related to the belief of determinism in another sense.
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The killing of Hz. Husayn in Karbala is the common pain of all Muslims. Although this tragedy took place in the early periods, it has never been forgotten. Two important figures of the Ahl alBayt who are also the two imams of Shia Muslims, Ali and Husayn, were killed at Kufa, as a result their followers attributed sanctity to this area. In the formation of this belief, the political and religious authorities have a significant share. These places are recognised as important shrines in the period of the Buwayhs and the Safawid. Moreover, the Shiite scholars have declared the importance of Kufa, Najaf and Karbala with various narratives. In this context, they have written books under the name "Ziyarat" and "Mazar" etc. One of the books is Kitab alMazar written by Shaykh Mufid, which is probably the most important amongst the books on this topic. In this article, the virtue of Karbala in terms of the book of Sheikh Mufid will be examined.
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Bu kitabın konusu Miskeveyh’in (öl. 420/1030) az bilinen fakat önemli olan ve şimdiye kadar neşredilmeyen eserini dünyaya takdim etmektir. Bu eser, adalet konusuyla alakalıdır ve Miskeveyh’in arkadaşı ve çağdaşı Sûfî Ebû Hayyân et-Tevhidî’nin2 (öl. 413/1023) Miskeveyh’e yönelttiği soruya onun mektup formunda yazdığı cevabıdır.
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The paper concerns the late Roman Greek Christian epitaph, founded in the Bulgarian town of Varna (ancient Odessos: SGLI nr 89), which commemorates Markellos, who died in April of the eleventh indiction and who was a dekarchos (leader of ten) in the late Roman army unit at fort Runis, under the command of count Dudus. The date of the inscription and the posts of both men and their possible origin are discussed in the article in detail as an example of the importance and limitations given by juridical epigraphy. The author deduces that the epitaph was engraved in the sixth century but not in its first decades. while Markellos was a Christian (probably not a poor one) non-commissioned officer of the late Roman field army detachment, located in the little known military fortification known as “Runis” (contrary to opinions presented in previous studies, it was not the ancient town of Krounoi-Dionysypolis). Dudus was its commander (possibly a tribune) and his origin remains unknown despite theories concerning the origin of his name. In his conclusions, the author raises the need of using the methods of modern epigraphy in Roman law studies and addresses the collaboration between scholars focusing on Roman law with epigraphers and historians in general.
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The interpretation of “purpose of the performance” within the meaning of Art. 410 § 2 of Polish civil code is one of the most difficult problems of Polish unjustified enrichment law. According to the first concept, the purpose of the performance should be interpreted narrowly as a counter-performance or other equivalent from the recipient’s side, however outside the scope of contracts. Followers of the second, much broader concept, postulate that this notion should refer to any licit future event or legal effect. Both interpretations can be supported in the sources of Roman law. The most important field of application of the Roman condictio ob rem referred to the Roman doctrine of innominate contracts (contracts which did not create enforceable obligations), where the party who gave his performance afterwards claimed its restitution, because the other party did not fulfil his obligation. In that case the purpose of performance was to receive counter-performance from the recipient. However, there were several typical cases where the purpose was different, especially if it did not relate to the behaviour of the recipient. The most important of them were dowry (given on the account of a future marriage) and donation (in contemplation of death). Moreover, some general settlements of Roman jurists supported the idea of the wider meaning of purpose of the performance. That can be seen as a clue for the contemporary interpretation of Art. 410 § 2 of the Polish Civil Code.
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The advancement of the Ombudsman’s work directly affects the strengthening of the rule of law. Every administration undergoing transition as is the case in Kosovo must increase its efficiency in meeting the rule of law standards. The edifice of mechanisms controlling the powers does not suffice if they are not attended by functional and efficient pratices, which from time to time and when needed, are examined and analyzed, both in structure and in terms of the results they give. Therefore, this is the motivation and main purpose of the analysis at hand, which takes into consideration the normative content, comparing it with other countries in the region and beyond. The current model belongs to the “emergency” phase before the era of independence when its role was left in the second plan, while it has much more importance in controlling the work of public administration bodies. In addition, the Ombudsman is still not sufficiently respected in public administration, and has a limited scope in society mainly due to lack of competence. From the examination it will appear that the role of the Ombudsman will increase by shifting from the current monocratic model to the collegial model in order to expand the scope of activity and increase the competencies. This will influence his recommendations to be taken into account more by those segments of the administration that make concessions or violations of legality. Recommendations should be legally binding.
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The author describes the history and functioning of the Constitutional Tribunal of the Republic of Korea. The article also discusses the procedure of impeachment in the South Korean system since the adoption of the Constitution in 1948. The author focuses primarily on the development of Korean legislation regarding the above-mentioned impeachment procedure.
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An article is devoted to the proceedings of a General Sejm session in the interregnum of 1733 (so-called convocational Sejm). The reflection is focused on actions of the archbishop of Gniezno — Teodor Potocki, at the time the prime senator and the president of the government. Achieving his political goals required to conduct a Sejm session smoothly. Potocki wanted to enact the law that would exclude political opponents of Stanisław Leszczyński in the future election. To ensure this and neutralize political rivals, the archbishop decided to break old-Polish parliamentary rules, consequently blocked the free discussion and refused to accept dissent announced by deputies. It caused an enormous political crisis, led to the questioning of the Sejm resolutions and, finally, to a failure of Leszczyński’s candidacy. The main purpose of the article is to show that the old-Polish mechanisms of the political system can be seen as feudal “deliberative democracy” based on freedom of political debate, unanimity in enacting laws, and weak government. By using an example of the Sejm in 1733 and its failure, the author tries to assess the causes and mechanisms of the crisis of old-Polish parliamentarism during the liberum veto era.
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The opinion refers to the Deputies’ bill on the investments in the scope of the construction of the Museum of Westerplatte and War of 1939 – a Department of the Museum of the Second World War in Gdańsk. The author discusses the legal regulations in the sphere of monument protection in the Polish state in the twentieth century and comments on the discussed bill. He points to the fact that Westerplatte Battlefield – based on the regulation of the President of the Republic of Poland of 22 August 2003 – is considered a historic monument. Moreover, in the author’s opinion, the museum construction plan presented in the bill constitutes a cohesive concept of the spatial policy of managing the Westerplatte region. Hence, the museum design – in the context of the history of the Polish state and the outbreak of the Second World War – is an investment of symbolic significance.
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The commentary contains reflections on the proper arrangement of legal matters between statutes and regulations. In the commented judgment, the Constitutional Tribunal decided that the introduction — by the force of a sub-statutory act — of the obligation to place the symbols of the cause of disability on the disability certificate is inconsistent with the Constitution. At the same time, the Tribunal declared that the symbols shall be specified in a statute. The commentary contains the author’s opinion on the relations between a statute and a regulation in the context of regulations restricting constitutional rights and freedoms. In particular, the necessity to comprehensively formulate the key matters in a statute is pointed to, while the executive’s task is to regulate the detailed matters.
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Restitution for the mostly Jewish property and assets that were confiscated by the Nazis during World War II (WWII) in various European states has been a highly debated issue ever since the end of the war.Countries that adhered to the ideas of communism and nationalisation of property in the immediate aftermath of the war failed to address this is sueuntil very recently. Serbia, too, has only began to consider remedying the incredible damage done to its rather small Jewish community. More specifically, in the past decade, Serbia has been trying to repair the damage by passing a series of restitution laws which eventually led to separate legislation on heirless property. This paper explores the substance and application of these laws, as well as the history of discrimination based on which the Serbian Jewish community was persecuted by German occupiers and their collaborators. In doing so,through the lens of Critical Race Theory (CRT), this paper identifies another group that has been persecuted on the basis of race, namely the Romani. What follows from such research is the following: firstly, the law allowed for discrimination on a racial basis of both Jews and Roma during WWII and, secondly, the law is now remedying the damages caused towards the former group, but not the latter. In conclusion, this paper suggests that such a distinction is made due to a possible interest convergence, as defined by CRT.
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The principle of independence of the judicial system in general was developed only in the 19th century in the Western European legal tradition. It gave rise to the creation of a specific internal judicial control based judicial control mechanism for judgements, which we find today in the doctrine of the European Convention for the Protection of Human Rights and Fundamental Freedoms, and which is derived from the provision that judicial proceedings must ensure equal opportunities for all.At the beginning of the 20th century, when Lithuania was forming the state, the creators of national legal system relatively moderately accepted the laws of civil and criminal proceedings of the Russian Empire.However, the inherited judicial system was not considered suitable. In November 1918, a decision to create an authentic, but essentially German-based, 3-tier system, was made in a hurry. A very simple binary instance model was created, and the function of judicial decision control was built into the interaction between the first and second instance.The criminal procedure has established the procedure based on the German example, specifying that all decisions declared by the first instance are not final and may be appealed by both parties to the proceedings on all aspects of the case that concern them. Meanwhile, the Lithuanian civil process has employed a French origin model of unlimited appeal.Looking at these trends, one has to agree with the deserved classification of the court of first-instance as the “testing grounds”, as the parties to the dispute hope to get to the objective truth in the court of the second-instance.In spite of the urging by some legal scholars for a radical change in the judicial control model, and thus the solution for the problems of the court workload and lengthy proceedings, the fundamental principles of judicial decision control have remained unchanged.The authentic national judicial system that was practically born together with the state, was originally created with three tiers and two instances, was reconstructed in 1933 by establishing a four tier and three instance judicial system operating in Lithuania to this day.Meanwhile, the internal control of court decisions has not changed fundamentally in terms of civil and criminal proceedings since its very introduction into the national judicial system.Despite the flaws of the chosen court decision control model, especially the model of unlimited appeal in civil proceedings, the flaws that affected the length of proceedings and the workload of the courts, this model also was not changed when Lithuania regained its independence and until the very end of the nineties.
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Contracting authorities and suppliers involved in public procurement are constantly faced with problems in the selection of the most economically advantageous tender, and in particular the establishment of the most appropriate economically advantageous tender evaluation criteria. The article discusses the criteria for the selection of the most economically advantageous tender, the relevance of the criteria for the evaluation of tenders to the subject of the procurement, the objectivity and subjectivity of the criteria for the evaluation of tenders, other aspects that may lead to subjective selection of the most economically advantageous tender, uncertainty and contradiction of legal regulation and case law. The article analyzes the Law on Public Procurement of the Republic of Lithuania up to and after 2017. July 1 and 31 December 2014; February 26 Directive 2014/24 / EU of the European Parliament and of the Council on public procurement and repealing Directive 2004/18 / EC, the case law of the Court of Justice of the European Union and the Supreme Court of Lithuania.
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