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Some developments in the first and second century of the hijri calendar, caused to some theoretical debates among Muslims. The need for an authentic faith system paved the way for the writing of Islamic dogmas. Hakim as-Samarqandi’s (d. 324/953) es-sevadu al-a’zam takes an important place among such kind of studies which was started by Abu Hanifa’s (d. 150/767) Fiqhu’l-Akbar. The distinguishing feature of this study is its inclusion of many Islamic law issues. This article examines the causes of presence of Islamic law issues, generally in theological works, especially in as-Savadu al-a’zam. In the article solid connection between Islamic law and Islamic doctrines, the commitment of the author to Hanafi-Maturidi tradition, a reactional discourse against the opposing parties and the aim to find answers for the problems of the time will be examined.
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This paper describes the hadith and jurisprudence movements in the city of Basra in the second half of the first Hijri century and focuses on the effect of the great companion Anas ibn Malik in Basra. Anas was one of the most prominent companions during this period and was notable for his lengthy relationship with the Prophet (Allah bless him and give him peace). This study focuses on analyzing many narrations related to him and the scholarly relationship between him and other companions and the tabieen in Basra and other cities. Furthermore, this paper aims to show the manifestations of the strength of the hadith movement and the weakness of the jurisprudence movement and focuses on Anas' impact on his students and whether the students who graduated from his "school" were jurisprudents or hadith narrators. It also studies his relationship with the tabieen, their trips to him, and the study of the jurisprudents of the tabieen from other cities, and Anas' jurisprudential character (from Musannaf ibn abi Shaybah) etc…
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Murders that resulted in death were subjected to various divisions such as killing by intent, mistake or indirect. Various forms and different provisions of each of these murders were found in itself. Indirect killing was deemed lighter than the others, and accordingly, the penalty was appreciated less, and it was even stated that the criminal responsibility fell completely, depending on the place. Because, while there is direct saving in other killing types, indirect killing has an indirect effect on the result. In this article, we will examine to a death incident that occurred indirectly within the framework of the compensation law according to Hanafi Sect. For example, this study, in which we will deal with the issue of who should be blamed for this death in the event that a person who falls into a well dug in the road dies in that well for different reasons after a while, will also give general idea about the perspectives and methods of imams in murders that occurred indirectly. The different ideas and justifications of Imam Abu Hanifa (v. 150/767), Imam Abu Yusuf (v. 182/798) and Imam Muhammad (v. 189/805) on this issue are discussed together with the reports and evaluations of the later Hanafi jurists.
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The emergence of the constitutional movement in Afghanistan was mostly due to external factors. In the study, it will be tried to explain how one of these factors, the influence of the Ottoman Empire on the constitutional period in Afghanistan and the differences of the Constitutional Revolution between these two states. The Ottoman Empire has been one of the important intermediaries in the development of the constitutional movement in Afghanistan. Some of this influence has been very useful in the political and social reform phase undertaken by the government. The transition to the Constitutional period in the Ottoman Empire was influenced by the Japanese model, one of the pioneers of Western sciences and technology by preserving their national and Islamic traditions during the modernization period of the Young Turks. But this was true for Afghan nationalists and reformers, with the effect of the situation created by the Japanese-Russian War that resulted in the defeat of the Russians, who were traditional enemies in Afghanistan. In the Ottoman Empire, reformers such as Mithat Pasha, Namık Kemal, Ziya Pasha and Said Pasha were instrumental in the emergence of the constitution. Likewise, the Constitutionalism movement in Afghanistan has developed under the influence of reformers such as Seyyid Jamaleddin Afghani and Mahmut Tarzi. In this study, a comparison of Ottoman and Afghan Constitutionalism will be made by reviewing the existing narratives and using library resources.
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The issue of liability continues to be a critical aspect in every professional field. The duty of care forms the basis of the entire relationship between a professional and a lay man. In this discourse, an attempt was made to highlight the position of the law on the issue of liability of a legal practitioner in Nigeria, particularly for the conduct of a case in the face of the court. The rationale for the old common law position was discussed considering the circumstances prevailing at that point in time. Based on the premise that one of the most important characteristics of law is its dynamic nature, argument was then advanced highlighting the impracticability of maintaining that position in the 21st century in the face of increased commercialization, globalization and industrialization. A comparison was drawn between the English legal system and the Nigerian legal system and it was submitted that there is no longer any public policy justification for maintaining the courtroom immunity for barristers. Unfortunately, there is still a belief amongst the legal circle in Nigeria that an advocate can get away with whatever quality of performance he/she exhibits in the face of the court. This has led to intellectual laziness and a lack of enthusiasm for the one-time cherished courtroom advocacy especially amongst young advocates. It was also argued that as a matter of public policy there is a desire for uniformity of liability among all professions. Finally, the position of the law on the issue in different countries (both developing and developed) was highlighted and discussed briefly.
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Regardless of any particular historical timeframe, the usage of legal arguments has represented an efficient means of shaping a national consciousness and of tuning to the European trends within the Transylvanian School. The representatives of this current have succeeded in imposing themselves in the fight with the empire and the three “recognized nations”, using in their endeavor ideas and political and legal concepts.
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The article illustrates the process of the restitution of property within the boundaries of the former GDR. It presents the initial arrangements in this regard between the two German states, concluded in Joint Declaration and Unification Treaty, which provided an obligation to return assets expropriated by the state to their rightful owners or their heirs. This principle of restitution was subsequently developed in the Property Law of 1990. In order to stimulate investment, further legislation, however, introduced exceptions to this rule, giving finally priority to investors over former owners rights. The aim of this article is to draw a conclusion from German experiences and to find clues for the regulation of still unresolved restitution issue in Poland.
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Two factors have been very effective in villages that have lived an introverted life for centuries. The first of these was the village agha, the second was the village imam. The effect of these two factors is the result of an administration that lasted for centuries. Throughout history, peasants have learned the requirements of their religion from imams. Religious ties brought the inhabitants of the village closer to each other. With the opening of the Turkish Grand National Assembly in Ankara on April 23, 1920, the struggle for independence was initiated throughout the country, and people from all professions took part in this struggle. Clergymen also took part in this struggle. The current practice was continued during the National Struggle for the assignment of the Imams. After the declaration of the republic, a regulation was made regarding the village imams in the village law enacted in 1924. The ninth section of the law was about village imams. The imams who have been appointed to Fatsa and its villages since 1920 have also been appointed from among those who have the qualifications required by the law enacted in 1924. The selection of imams for the mosques in the villages was made with the request of the people or the request of the imam candidate, the opinion and evaluation of the village elders, the recommendation of the mufti and the approval of the district governor.
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Among the sources of law in the Duchy of Warsaw, the rules and customs in force in the Republic before its collapse played a significant role. The judgments published in the "Journal of Judgments of the Court of Cassation of the Duchy of Warsaw" are vital for understanding the judiciary practice, as well as for the sources of substantive and procedural law of that time. The analysis of judgments of the Court of Cassation of the Duchy of Warsaw shows that this court rarely relied on pre-partition law.
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In The Chronicles [Kroniki], published in the most widely read Warsaw newspapers between 1874 and 1912, Bolesław Prus penetrated all nooks and crannies of Warsaw life — also the hidden parts that reflected the second life of the city, which were the object of legal regulations. He left behind the Chronicles [Kroniki], which are a valuable source of information about legal life in Warsaw during this period. This picture, not always in accordance with the rule of law, was portrayed masterfully.
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The Russian Empire invaded the North Caucasus in the 19th century. It was mainly Cossacks who settled there. The local population was Islamic, which made them closer to Persia and the Ottoman Empire. After the 1917 revolution in Russia, the North Caucasus was the scene of battles between the “white”, “red” forces and local population with the Cossacks. Ultimately, the Bolsheviks won and incorporated the area into the USSR.
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The article presents an analysis of the circumstances surrounding creation of the office of the General Delegate of the Government for Galicia (1919—1921), its position in the political system, and the range of tasks undertaken in the first months of its activity. The history of this governmental-administrative institution is not as well-known as that of other public administration structures from the beginning of Polish statehood. The sources for this study are archival materials from Lviv and Cracow. The administrative activities of the General Delegate in the spring of 1919 were reconstructed on the basis of the first report on his activities to the government, and supplemented with circulars issued by the Delegate for his subordinate offices. They provided a picture of both legal and organisational position of the General Delegate and documented the manner in which this institution carried out the duties entrusted to it regarding preservation of order and security, which corresponded to the competences of the Governor of Galicia in Austrian times. The article also includes a discussion about the stance of General Delegate K. Galecki in the dispute over the model of administrative system in the lands of the former Kingdom of Galicia and Lodomeria.
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On 24th June 1925, the Minister of Treasury issued an ordinance on the organization of fiscal control. It entered into force on 1st September 1925 on the area of the treasury offices in Grudziądz, Poznań, Cracow and Lviv, as well as in Upper Silesia, and on 1st January 1926 — on the territory of the treasury offices in Białystok, Brześć, Kielce, Lublin, Łódź, Łuck, Warsaw and Vilnius. At the same time, the ordinance abolished the Treasury Guard Regulation [Przepis dla straży skarbowej] of 19th March 1907, which had been in force in the territory of the former Austrian partition, as well as the “regulations and ordinances” in force in other districts. Earlier, by the ordinance of 21st January 1920, the Minister of Treasury had ordered that the executive bodies established to oversee state income by means of indirect taxes (excise duties) and monopolies on the territory of the former Russian partition and in Malopolska region should be called “fiscal control”. The powers of the said bodies and of the executive bodies, excise and state monopoly provided for in tax offices (created under the Act of 31st July 1919 on the temporary organisation of tax authorities and offices and the implementive ordinance issued on its basis) were united by the Act of 14th December 1923 on the powers of the executive tax authorities and the implementive ordinance issued on its basis. These were subsumed under the common name ‘fiscal control’.
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Nowadays, it seems obvious that there are strong political ties between the legislature and the executive, whereas in a situation of a tyrannical parliamentary majority the government is de facto deprived of the attribute of at least relative independence from the party's "top". The political will, the source of which are the people, is being distorted: the parliament and the government pursue their own goals, in dissociation not only from some abstractly conceivable public interest but also from the principles of order set out in the constitution. It is therefore the role of the judiciary to correct the executive and the legislature. The judicial power to review statutes became apparent in the decision of the Reich Supreme Court of 28th November 1923. The theoretical justification for the power of judges and courts came from Erich Kaufmann.
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The clash of ideas regarding the nature of marriage took a specific form in the Polish lands during the partitions and after Poland regained independence (1918). The variety of laws in force at that time (German Burgeliches Gesetzbuch of 1896, Hungarian Act no. XXXI on marriage of 1894, Russian ukase on marriage of 1863, the first part of Volume X and partly the first part of Volume XI of the Digest of laws of the Russian Empire of 1832, and Austrian civil code of 1811) posed a challenge to the interwar codifiers and legal practitioners. The premises for the validity of marriage in civil law in the 19th century and in the first half of the 20th century were still of a mixed nature — they partly derived from religious principles (e.g. the impediment of differences of faith or priestly ordination), and partly from secular principles of Roman law (the impediment of age, kinship, affinity, adoption, bigamy and defects in the declaration of will). Against this background, the Hungarian Marriage Law must be assessed as modern.
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The article consists of three parts:. The first one — a short introduction — presents the process of creation of the Silesian Voivodeship in the Second Republic, both its post-Austrian and post-Prussian part. The second part of the article presents the takeover of the justice system in the former Prussian district. Although it did not concern Upper Silesia directly, the solutions applied in Greater Poland and Pomerania were transferred in their essence to Upper Silesia; the article presents also the system of administrative courts in force in this area before regaining independence. The third part — the main one — discusses the structure of the administrative courts in the Silesian Voivodship. Apart from general administrative courts, the article focuses also on the problem of administrative litigation in mining cases. The article ends with some remarks regarding official language in proceedings before the Silesian administrative courts.
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The study deals with the ideas of domestic and foreign Slovak resistance during the World War II on the form of the post-war Czechoslovak Republic regime. In addition to the opinion on the consistent state restoration of Czechoslovakia (1918—1938), there was also the idea of modifying the regime of Czechoslovakia (1918—1938) through its transformation, which under the influence of strengthening the importance of the Soviet Union in the war took the form of a people’s democratic establishment.
More...Zasady profesjonalizmu w edytowaniu publikacji źródłowych — artykuł recenzyjny
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