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Pretpostavke za nasljeđivanje u šerijatskom i bosanskohercegovačkom nasljednom pravu

Author(s): Nedim Begović / Language(s): Bosnian Issue: 26/2022

The subject of this article is a comparative analysis of the rules of Sharia and Bosnian-Herzegovinian inheritance law that regulate the conditions for inheritance. These are the following conditions: the death of the testator, the existence of an inheritance, the existence of an heir capable of inheriting and the legal basis for inheritance. The main goal of the work is to establish the extent to which there is congruence or divergence of the two normative systems in regulating the mentioned conditions. The subject of analysis and comparison are the provisions of the law on inheritance that are in force in Bosnia and Herzegovina and the relevant texts of Sharia inheritance law. The author claims that the similarity between the two systems is noticeable at the level of general principles governing the conditions for inheritance, while the differences appear in the detailed rules on individual conditions.

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Prikazi

Author(s): Rifat Alihodžić,Šerbo Rastoder,Safet Hadrović Vrbički,Senad M. Karađuzović,Sead Bandžović,Sait Š. Šabotić,Ismet Dedeić,Kostas Mavrakis,Alen Peričić,Selma Đečević / Language(s): Bosnian Issue: 83-84/2020

Reviews of: 1. Zlatko Karač, Alen Žunić „Islamska arhitektura i umjetnost u Hrvatskoj. Osmanska i suvremena baština“, „Islamic Architecture and Art in Croatia. Ottoman and contemporary heritage“, Arhitektonski fakultet Sveučilišta u Zagrebu, UPI-2M PLUS Zagreb, 2018. Review by: Rifat Alihodžić; 2. „Modernost Zlatka Glamočaka“, Review by: Kostas Mavrakis; 3. Gani Karamanaga „Gradski Pazar“, Review by: Šerbo Rastoder; 4. Šerbo Rastoder, „Murteza Karađuzović (1865 - 1941), muftija crnogorskih Muslimana“, Almanah, Podgorica, 2019, Review by: Alen Peričić; 5. Mehmed Pargan „Grad u cvatu magnolije“; Izdavač: BMG Bosanska medijska grupa, Tuzla, 2018., Review by: Safet Hadrović Vrbički; 6. „Slovo o knjizi“, Review by: Senad Karađuzović; 7. Harun Karčić „Šerijat i pravni pluralizam u Evropi: primjeri koegzistencije religijskog i sekularnog prava na Starom kontinentu“, Centar za napredne studije, Sarajevo, 2018, str. 206., Review by: Sead Bandžović; 8. „Slike Aldemara Ibrahimovića - arhitektura sjedinjenog vremena“ (uz izložbu Aldemara Ibrahimovića u Modernoj galeriji u Podogorici), Review by: Selma Đečević; 9. Enes Pelidija, “Osmanisti Bosne i Hercegovine do kraja XX stoljeća”, knj. I, Mostar, 2019, 237 str., Review by: Sait Š. Šabotić; 10. „Sandžački Bošnjaci u brčanskom kraju: Posavina u srcu, Sandžak u duši“, Review by: Ismet Dedeić

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PROBLEM MJEŠOVITIH BRAKOVA U BOSNI I HERCEGOVINI U PERIODU 1930. - 1940: TUMAČENJE I PRAKSA ŠERIJATSKIH SUDOVA

Author(s): Enes Ljevaković / Language(s): Bosnian Issue: 18/2014

Review of: Enes Ljevaković - Dr. Mustafa Hasani: Tumačenje i primjena šerijatskog prava o mješovitim brakovima u Bosni i Hercegovini od 1930. do 1940. godine, Fakultet islamskih nauka u Sarajevu i El-Kalem, Sarajevo, 2014., 362 strane, tvrdi povez

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Profesor Fikret Karčić (Višegrad, 1955. – Sarajevo, 2022.)

Author(s): Ahmet Alibašić / Language(s): Bosnian Issue: 25/2021

Neznatno dorađena riječ na komemoraciji Grada Sarajeva, Vijećnica, 18.3.2022. g.

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Property as a Comprehensive Institution of Modern Muslim Law

Author(s): Anastasia Aleynikova / Language(s): English Issue: 37/2018

The relevance of the study is due to the fact that Russia's relations with the Islamic theocratic states are developing more and more, so it is important for Russian investors to understand the specifics of property relations in these countries in order to minimize risks and expand their economic presence. In this context, this article aims to analyze the positive experience of regulating of legal property regime in the Islamic countries. Leading approach to the study of this problem is the descriptive method that has afforded revealing peculiarities of regulation of the concept of property under consideration within Muslim states. The materials of the paper imply the practical significance for the university teachers of the legal specializations.

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PROTECTION OF HUMAN RIGHTS AND ISLAM

Author(s): Maria-Irina Grigore-Radulescu,Corina Florența Popescu / Language(s): English Issue: 2/2020

Like universalization, regionalization is a process that characterizes contemporary international society, including in the field of human rights. The analysis of regional systems for the promotion and protection of human rights reveals their degree of specificity and the large differences between the basins of legal civilization.

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Przymusowa migracja muzułmańskich kobiet jako katalizator rozwoju pluralizmu prawnego w ich krajach docelowych na przykładzie poligamicznych związków obywatelek Syrii w Turcji

Author(s): Wojciech Trojan / Language(s): Polish Issue: 2/2019

Islam provides a perfect environment for the fast development of the Sharia law and the customary laws despite strong secularization efforts and pressure exercised by the government authorities. The Ottoman Empire was a multicultural society based on the principles of the Sharia law. The abolishment of the caliphate in Turkey and enforcement of the monogamy model of a family through the Kemalist revolution penalized the parallel Islam activities. After the collapse of the Ottoman Empire the millet system survived in Syria with its legal pluralism. Polygamy is currently on the rise in Syria as many men left the country or got killed in the fighting. The mass influx of Syrian women to Turkey results in the growth of parallel Islam de facto polygamous marriages in Turkey. The refugee women are looking for protection within the Sharia law family model, and the living law bypassed the Kemalist positive law secular principles. The same trend is visible in the countries that received many Muslim women that were claiming to the UNHCR their well-founded fear of persecution due to alleged transgressing of traditional social mores in their countries of origin. The same individuals sought later support and protection within the informal and effective parallel Islam networks in the resettlement countries. The legal pluralism is on the rise in the traditionally secular cultures due to the mass migration of single women preferred by the selection systems and resettlement criteria as agreed between UNHCR adjudicators and immigration authorities worldwide.

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RADICAL ISLAMISM: TRAJECTORIES OF HUMAN RIGHTS VIOLATIONS AND ABUSES IN AFRICA

Author(s): Peter O. O. Ottuh,Felix O. Erhabor / Language(s): English Issue: 1/2022

In Africa, radical and extremist Muslims are striving to transform society through violent change, claiming that African rulers are dictatorial and anti-Islamic; as a result, many African countries are experiencing serious human rights violations and abuses. Therefore, this paper examined radical Islamism and its trajectories of human rights violations and abuses in Africa and proffered workable solutions to the dilemma. To achieve the above aim, the paper employed historical and evaluative methods. The historical method was used to critically review the scholarly literature on radical Islamism and its human rights violations and abuses antecedents in Africa. At the evaluative level, the paper critically discussed the impact of human rights violations and abuses on the African nations and their citizens. The paper revealed that radical Islamism in Africa is driven by bad political leadership, poverty, poor education, unemployment, and religious exclusivism among others. The paper concluded that good governance, economic enhancement, and religious inclusiveness are key tools in discouraging and curbing radical Islamists in African countries.

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Religious slaughter of animals in light of the EU and in the Polish law

Author(s): Agnieszka Skóra / Language(s): English Issue: 43/2019

Summing up the considerations, it should be stated that nowadays the problems of religious slaughter form a platform on which important values protected by international, European and the Polish legal order clash. These include ensuring the welfare of animals and allowing the slaughter and killing only in a humane manner, the protection of religious freedom by enabling participation in traditional rites and consumption of particular types of meat and the protection of economic values by ensuring the use of economic freedom by food producers. The assessment of religious slaughter therefore depends on the adopted system of values. At the same time, it should be noted that today’s slaughter is carried out with respect for animal welfare and is only allowed if the conditions laid down in European law and – harmonized with it – national law are met. Due to globalist tendencies and the settlement of Islam and Judaism in Europe, it is rather difficult to imagine a universal and uniform ban on slaughter in all EU countries.

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RES PUBLICA - RES PRIVATA ET LEURS TRANSFORMATIONS – L’EXEMPLE DE L’EMPHYTEOSE EN DROIT ROMAIN

Author(s): Malina Novkirishka- Stoyanova / Language(s): French Issue: 2/2019

In the modern legislation and in the jurisprudence, we don’t find an insurmountable limit between public and private property, which gives the possibility of the various transformations for the public interest compatible with the private interest. During the centuries there are two opposite directions in this sense: expropriation and confiscation of private property and privatization or private use of public goods. The origins of modern practices and institutions in these two sectors are found in Roman law, which establishes the basic principles and presents a vast series of cases and rules that can also be useful for contemporary jurisprudence. From this perspective, the example of Roman emphytosis is presented as a regulation of concessions and agricultural leases adapted to the public interest as well as to the private interest.

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ROMA CONTRA PIRATAS

Author(s): Velina Stoyanova / Language(s): English Issue: 2/2021

This paper examines some of the legal perspectives of Rome’s fight against piracy. The main objectives of the study are to touch upon the notion of piracy in Republican Rome and the actions that were taken by the State against these „sea bandits“.

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ROMAN LAW AND THE SERBIAN MEDIEVAL STATE

Author(s): Nebojša Ranđelović / Language(s): English Issue: 2/2022

The geographical space of the development of the Serbian medieval state was part of the origin and development of Roman law. The Serbian medieval state and its law would inevitably be created on the basis of the Byzantine tradition. The Byzantine Empire itself was the Eastern Roman Empire both by tradition and by all the features of society, state, law, and even by name. Its law and state organization, adapted to the new social relations and feudal order, were not negations, but a continuation of the Russian state-legal tradition. In such an environment, the Serbian medieval society and the Serbian state developed on the foundations of this tradition, incorporating their customary law into it. Serbian medieval legislation, rounded off by Dušan's Code, is a material witness to the aforementioned postulates.

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ROMANISTIC TRADITION IN SUCCESSORY LAW. SOME CONSIDERATIONS FOR THE REGULA CATONIANA

Author(s): Tewise Ortega González / Language(s): English Issue: 2/2020

In the present study, we will analyze succinctly the content of the Regula Catoniana, included in D. 34.7.1, which in the matter of legacies, prevents the production of effects of a invalid legacy ab initio, regardless of the moment in the one that the death of the testator, has taken place and even if the invalidating cause has disappeared, considering that, if it´s invalid at the time of being granted, it shall be null at all times, making special reference to one of the cases of application of the aforementioned rule, as is the legacy rem legatarii. At the same time, we will reflect briefly on the matter contained in the Spanish Civil Code, regarding the legacy of thing belonging to the legatee, to determine the influence of Roman legal provisions in the configuration of this type of legacy at present.

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Rukopisna djela u privatnoj biblioteci novopazarskog muftije Murad-ef. Sukića (1878-1956.)

Author(s): Semir Rebronja / Language(s): Bosnian Issue: 89-90/2022

Rad tretira rukopisna djela u biblioteci novopazarskog muftije i muderrisa Murad-ef. Sukića (1878.-1956.). Muftija Sukić je bio istaknuti vjerski autoritet i kulturni djelatnik u prvoj polovini i početkom druge polovine XX vijeka u Prijepolju i Novom Pazaru. U njegovoj biblioteci nailazimo 9 rukopisa, većinom iz oblasti islamskog prava, a u jednom od rukopisa nailazimo i na ime novopazarskog muftije s početka XIX vijeka kao prepisivača jednog od djela. Novopazarski muftija je iz Sereza i po prvi put imamo osnovne podatke. Sva djela su na arapskom. Pored opisa rukopisa, u radu smu predstavili i kratke podatke o autorima i djelima.

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Savremene motivacijske teorije u sučeljavanju s izvorima islama

Author(s): Zuhdija Hasanović,Adnan Srebrenica / Language(s): Bosnian Issue: 25/2021

Trying to draw attention to the importance of motivation in all spheres of human activity, after having published the text entitled “The Meaning and Significance of Motivation From an Islamic Perspective”, we continue our discussion on modern motivational theories, questioning them through the fundamental sources of Islam, the Qur’an and Sunnah. Since a human being is very complex, it is important to question all the factors that drive us to activity, whether we act in order to protect our true values (faith, life, intellect, family, homeland, property), meet our basic needs (physiological requirements for air, water, food and sleep) or our secondary needs (such as the need for self-esteem, achievement, self-expression, power, connection with others, love) or something else. We question all these theories through the texts of the Qur’an and the authentic paradigmatic life (sunnah) of Muhammad, p.b.u.h., emphasizing in particular the importance of the spiritual motives observed and insisted on by Muslim authors.

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SECURITY CULTURE: GALVANIZING A NEW IDENTITY THROUGH VALUES EXCHANGE. CASE STUDY: UNITED ARAB EMIRATES

Author(s): Alexandra Maria Galan / Language(s): English Issue: 1/2021

It has become more and more important to study the interconnections across the cultural and security sector and imagine how changes in one sector can disrupt operations in the other one. This paper is trying to chart the eVol.ution of cultural influences over state security, arguing that security interests are defined by leaders who respond to cultural factors.Also, by analyzing the basic cultural dimensions, we will be able to see in what measure citizens coming from different states, with a different history, values, ideology, politics, religion, can influence the security policy and strategy of the state where they are relocating.

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SERBIA ROMAN PROVINCE. NIŠ IMPERIAL CITY

Author(s): Marija Ignjatović / Language(s): English Issue: 2/2022

Ancient Niš, better known as Naisus, was a developed settlement with a certain population that tended to grow over time. Historical sources say that the city had the status of a Roman municipality, which means that it had a very organized system of life. The size of ancient Naisus has not yet been fully determined, but considering the existence of the suburban part of Mediana, as well as the widespread villas around Mediana, it can be said that it occupied a good part of the Niš basin, crossed by the river Nišava as the main and largest watercourse in that region and that as an impregnable military stronghold, it was an important economic and cultural center of the Roman Empire. Naisus occupied a central position in the Roman province of Upper Moesia, which spread over the territory of today's Serbia. The original military fortification was created in the last decades of the 1st century BC on the right bank of Nišava and was the center of the various tribes: Dardanians, the Thracians and, briefly, on two occasions, the Celts, whose homeland is distant Gaul. A new period in the history and life of Naisus began at the beginning of the 4th century AD with the arrival of Constantine on the throne of the Roman Empire, the Roman emperor, one of the historical rulers who completely redirected the future of not only Christian Europe, but also the civilization known to us today.

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Seyahat Özgürlüğünün Anlamlandırılması Bağlamında Seyahat Kavramının Kur’ân-ı Kerîm Perspektifinden Analizi

Author(s): Mehmet Hicabi Seçkiner / Language(s): Turkish Issue: 42/2020

In this study, we will reveal the verbal value of the concept of travel in the Qur'ān, which is the main source of the religion of Islam and hence the Islamic law, the meaning implied by this concept and the meaning that the Islamic scholars attributed to it. Then we will try to make a comparison with what is meant by this concept. In this way, by analyzing the concept of travel, we will contribute to a better understanding of the existence and limits of freedom of travel in Islamic law. On the other hand, considering the reflection of etymological origins on legal con-sequences, we will try to define the quality of freedom of travel based on the etymological quest of travel. In addition, we will take arguments from such fields that Tafsīr, Ḥadīth, Islamic Law, Human Law, Sociology and especially Tourism and Islamic Tourism in particular, and present data to these fields with a multidisciplinary approach. [You may find an extended abstract of this article after the bibliography.]

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Sharia strategic economic model on digital zakat technology in Indonesia

Author(s): Rahmini Hadi,Sochimin Sochimin,Abdul Basit / Language(s): English Issue: 1-2/2021

This study aims to explain why the economic dimension of sharia is implemented in digital zakat technology at the National Amil Zakat Agency (BAZNAS) in Indonesia. In Islamic finance, zakat is an obligatory process to donate yearly an excessive share of income (minimum 2.5%) on charity. Research on the implementation of technology in society is fundamental because digital zakat technology has significant potential for the benefit of the people. However, external and internal constraints are the main obstacles to maximizing zakat’s digital potential in its operationalization. Therefore, the strategic contribution of the sharia economy in good corporate governance to accompany the steps of digital zakat development is certainly expected to contribute well to the mustahik empowerment program. The research method used is explanative with the Islamic economic approach. The research’s originality is related to the novelty of digital technology development’s conceptual model in terms of positive law and sharia aspects. The research results reveal that the principle of sharia is one of the strategic factors for digital zakat. The strategic efficiency of the sharia economy towards digital zakat technology at BAZNAS plays an important role in increasing the interest of muzzaki to use digital zakat, therefore in particular digital zakat marketing cannot be separated from sharia law.

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SINTETIČKO I KONTEKSTUALNO IZUČAVANJU ISLAMA U OBRAZOVNIM USTANOVAMA ISLAMSKE ZAJEDNICE

Author(s): Ekrem Tucaković / Language(s): Bosnian,English Issue: 1/2020

The educational institutions of the Islamic Community in Bosnia and Herzegovina have a long tradition of training in Islam that emerged and developed in different frameworks of public law and different cultural contexts. In the course of intensive discussions on the presence of Muslims in Europe and debates on solving the Muslim issue, and on models of educating imams and Muslim authorities, educational institutions of the Islamic Community have the opportunity to offer their own concept of Islamic education based on synthetic and contextual studies in Islam. The synthesis of the entire Islamic intellectual tradition will re-discover the authentic potential of the Islamic message in Islamic sources and tradition, a potential which may be an equal and credible partner in the contemporary Bosnian and European context. On the other hand, if it aspires to be relevant, to work in the European context Islamic education must inevitably focus on studying crucial issues of the European environment and offer satisfactory answers. The text of the Qur’an makes it known that context provokes even God’s direct response and intervention. Tafsir exegesis science includes chapters on the motives for publicizing certain Qur’an ayahs chapters and surahs sentences. The Divine Revelation does not ignore context; rather, it shows its great importance. Besides, Muslim intellectual tradition inherited the practice of applying religion in context. The Muslim educational system has long felt a pressing need to educate and profile the context-'ulamā' (scholar), experts who have both religious knowledge and the authoritative knowledge of context. In this respect, educational institutions of the Islamic Community should offer their own model based on their experience and authentic understanding of Islam and Islamic intellectual tradition, since such a model cannot be offered by Europe. This paper argues for the development of a concept which will be a proactive result of Bosnian Muslim intellectual self-awareness and universal responsibility for mankind, rather than being a passive adjustment of Islamic thinking and Islam to Europe, waiting for European instructions. In the shift from the present paradigm of adjustment to a new stage, the paradigm of promotion and recognition is necessary.

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