Comparative Jurisprudence Research Articles

The Rule of Pricing in the Jurisprudence Of the Four Schools of Thought: A Comparative Jurisprudential Study

Human acts are based on freedom, therefore, a sale contract cannot be concluded without the contractors ‘approval. Following the supply and demand law, commodities prices may rise if a commodity is not available in the market and highly demanded. In such a situation, the state can’t intervene. Some vendors might abusively use their rights and increase the prices above the normal; in this case the state can intervene to assure balance in prices by reducing the artificial price to a natural price or what is literally called “equivalence price.” Nevertheless, there is a divergence among scholars about the state intervention concerning the pricing of commodities. This has led researchers to deal with the issue within the framework of comparative jurisprudence to give it a clear and a concise perception, so as to highlight the role of scholars in Islamic Economics issue .In studying this topic, I followed the descriptive, analytical and comparative approach, where I explained the definition of pricing, the pricing rule in Islamic jurisprudence, the pricing conditions, the image of pricing, the ruling on violating pricing, how to pricing, then the sayings of the four schools of thought in each issue and the statement of the most correct of them.

Water Trade (Selling Water) from an Islamic Sharia Perspective (Comparative jurisprudence and analytical study)

Water Trade (Selling Water) from an Islamic Sharia Perspective (Comparative jurisprudence and analytical study)

Concept of procedural form of administrative justice

The article examines from the standpoint of the theory of state and law and administrative law, the concept of the procedural form of administrative proceedings in the context of current legislation and scientific views on the mentioned problems in the countries of the European Union. The methodological basis is general scientific and special methods - comparative jurisprudence, formal-logical, historical, systemic-structural. The main element of judicial proceedings are the procedural forms within which cases subject to this form of judicial proceedings are considered. The concept of «procedural form» does not yet have a clear content in legal science. It noted that, from the standpoint of historical aspects of the scientific-theoretical understanding of the procedural form and the evolution of legislative approaches to its differentiation, the procedural form of judicial proceedings considered as the order of consideration and resolution of cases established by the procedural law. Consideration of the issue determined by different approaches to the understanding of the concept of “procedural form” and the list of cases that, according to the legislation, are subject to consideration in administrative proceedings regarding the essence, features and tasks of administrative proceedings. The peculiarities of the procedural forms of judicial proceedings in the administrative process, their specificity depending on the categories of administrative-legal disputes arising from public legal relations between powerful and non-powerful subjects in comparison with procedural forms in civil procedural law and economic procedural law are analyzed. The procedural form of administrative proceedings is characterized by a law-making process determined by the will of the legislator and a court decision, aimed at the application of a procedural procedure, different from the general one, which has specific features generated by the category of the case, the complexity and the subject of the appeal, in the resolution of a public legal dispute. The need for further development of the theoretical and legal foundations of the category «administrative procedural form» of administrative proceedings is indicated, which will contribute to the improvement of proceedings in cases arising from public legal relations.

Pathological arbitration clauses: problems and solutions

This article is devoted to the issue of arbitration clauses, called in doctrine and jurisprudence “pathological” clauses, which are drafted poorly, being likely to prevent the proper conduct of arbitration due to incomplete, imprecise, unclear or contradictory stipulations. The remedies for the affected clauses depend on the category and severity of the pathology affecting each clause, and, often, the deficiencies of these clauses are removed, as far as possible, by applying the various methods of interpretation of the contractual clauses, which have crystallized in national legislations, uniform law instruments and comparative jurisprudence. In remedying the pathological causes, the courts must seek a balance between the favoring of arbitration as an alternative method of dispute resolution and the control of state jurisdictions over the validity and effectiveness of some defective clauses, by way of clarifying and respecting the real will of the parties expressed in their agreement on how to regulate the disputes that arise between them.

Research on easement for environmental protection

The servitude conservation system, originating in the United States, is a juridical instrument devised to safeguard the ecological and anthropological value of the environment. In implementation, this system has flourished in the United States due to its emphasis on autonomy of intention. This has infused new vigor into the US environmental conservation system and provided a novel perspective for traditional government-led environmental conservation endeavors. From a comparative jurisprudence standpoint, this article scrutinizes various servitude conservation system from countries including America, Russia, Chile, and France. The objective is to ascertain whether a similar system could be successfully transplanted into China's current national conditions.

Civil-legal control in the law of Ukraine

Based on the current legislation, the article examines the theoretical foundations of civil-legal control in the law of Ukraine using general scientific methods of knowledge, such as systematic, complex and comparative analysis, methods of typology and classification, historical-legal, formal-legal, comparative jurisprudence. With the help of an interdisciplinary method, the general concept of control examined through the legal category of subjective law, which reveals the essence of control regardless of the scope of control processes. This position determined by the fact that control consists in restraining and directing free actions carried out by participants in social relations. Considered usually as a management function, control in the field of civil legal relations, like any other category analyzed from private legal positions, acquires a number of features characteristic of civil law institutions. The essence of control in the civil law sense is the ability of the subject of civil relations to influence contractual activity. It is noted that civil legal control is based on a set of subjective rights of a participant in civil legal relations. Civil-law control plays a special, dual role in the structure of contractual relations, being its object and constituting at the same time the content of civil legal relations, expressed in the set of basic and derivative rights arising from the fact of participation in contractual relations of an organizational and property nature. The specified classification makes it possible to clarify the terminology of civil law in this area and to operate with universal categories during the analysis of the specifics of the manifestation of civil-law control, which makes it possible to reach a higher level of generalization. As part of considering the issue of legal forms of the dynamics of civil-legal control, those forms that mediate the movement, change of existing civil relations and the emergence of new ones, i.e. implementation and protection of civil-legal control, are highlighted. The obtained research results make it possible to form legal foundations in the field of civil-law regulation of control for further improvement of civil legislation.

ROAD ACCIDENTS AND THE NATIONAL ECONOMY: LEGAL ANALYSIS

The present publication aims to conduct a legal analysis of the mutual influence of road accidents and the national economy, which is manifested at different levels of relevant public relations. The research subject is road accidents and the national economy. The publication’s methodology relies on an organic combination of well-known laws and techniques of dialectics (the transition of quantitative changes into qualitative, unity and struggle of opposites, and the negation of negation), general scientific methods of research (techniques of the logical method, comparative method, techniques of the sociological method, systemic and structural-functional methods), and special legal methods (legal statistics, formal-legal method, methods of comparative jurisprudence and legal modeling). Results. Road safety is inextricably linked with economic processes taking place in a particular state. In addition, as economic indicators affect the number of road accidents so the dynamics and consequences of road accidents significantly affect the national economy. The most important economic factors affecting the number of road accidents are as follows: underdeveloped road infrastructure, outdated vehicle fleet, poor financial and logistic support of law enforcement agencies, insufficient number of traffic enforcement cameras, and other innovative means of preventing road accidents. The priority in traffic accident prevention is the maximum automation of means ensuring road safety: coverage of all key traffic intersections with traffic enforcement cameras, equipment of modern cars with automatic speed limit systems and alcohol intoxication testers, which automatically block the ignition system, the development of a fleet of AI-based self-driving cars and automated traffic control systems. Other economic and administrative means of road accident prevention are equally important, i.e., financial incentives for compliance with traffic rules, development and improvement of public transport efficiency, and investments in multi-level road infrastructure to reduce traffic congestion in available highways and transport interchange.

Honor Killing A comparative jurisprudence study

Honor Killing A comparative jurisprudence study

Share Cross-ownership Regulation and Stock Process: Evidence from the Chinese Market and Recommendations for Philippine and Vietnamese Law

Cross-shareholding promotes price synchronization and reduces price lag. More importantly, this effect on price informativeness is evident for large companies and during market downturns. In general, the relationship between cross-ownership structure and stock price informativeness exists clearly. This paper investigates the impact of share cross-ownership on stock prices as a measure of price informativeness from companies listed on the Chinese stock exchange. The paper has learned an overview of cross-ownership and the stock market in China through jurisprudence analysis and comparative jurisprudence method. At the same time, the author also discusses the positive effects of regulation and cross-ownership structure on stock prices to better understand the relationship between cross-ownership and price dynamics through the impact of cross-ownership on the information environment. A notable point that the paper also discusses is the advantages of symmetric cross-ownership compared to the process of merger of joint stock companies to determine the balance between market efficiency and the social welfare loss brought about by symmetrical cross-ownership. From there, the paper will evaluate the influence of cross-ownership in Vietnamese and Philippine laws through agency theory and corporate governance models. Finally, make some recommendations for Philippine and Vietnamese laws.

Provisions of Applying Health Guidelines with regard to the Emerging of Corona Virus: A Comparative Jurisprudence Study


 
 
 
 ABSTRACT
 This study examines the implementation of health recommendations in connection to corona virus and its current condition from an Islamic viewpoint. With the pandemic spreading around the world and no existing effective cure or ways to stop it except for following the preventative measures advised by the health agencies in each nation, the necessity for such study is essential. The goal of this study is to describe the origin of the Corona virus and general provisions related to it, including: the use of curfew during an outbreak of the virus, the departure and arrival of an infected country, receiving Corona vaccination, and elaborating on specific provisions concerning affected mosques that should be closed during an outbreak of the virus, social segregation between prayers, wearing masks during prayers, and finally provision concerning washing and burying affected corpses. The researcher comes to the conclusion that national health policies are the same as Islamic law, which places a strong emphasis on maintaining the five requirements, including self-preservation.
 
 
 

Legal Framework for Regulating Customs Activity

Introduction . At the present stage of international economic relations, the issue of efficient legal regulation of customs activity is particularly acute. Over the past few years, Russia has faced the challenge of economic sanctions on behalf of a number of unfriendly countries. Transparency of the regulatory framework and thorough elaboration of the fundamental provisions of the customs law will allow building a clear and efficient interaction between the customs authorities of the Russian Federation and the participants of the international economic activity (hereinafter - IEA), the Russian companies and the customs authorities of the Eurasian Economic Union (hereinafter - EEU) member states. The aim of this study is to analyse the legal framework for regulating customs activity and to find out the challenging aspects. The working hypothesis relies on the system of theoretical and methodological provisions and scientific knowledge, indicating the need in further elaboration of the customs legal documentation to ensure the modern approaches regulating the relations between the customs clearance and control processes participants. Materials and Methods . In the course of the research, general scientific and specific scientific methods were used, in particular, the method of dialectical materialism, the system analysis, logical, statistical methods and the method of comparative jurisprudence. Results . The carried out analysis of the regulatory legal framework in the field of customs activity entitles to state the insufficient elaboration of the certain issues, both the ones falling within competence of the Federal Customs Service and the ones generally referring to cooperation with the EEU member states in the field of customs activity. Discussion and Conclusions . In the course of the study, the following problematic aspects were identified. Since insufficient attention is paid in scientific circles to studying the forms of interaction between the tax and the customs authorities of the Russian Federation, the attention is focused on their distinctive features and the recommendation is given to continue collaboration of the Federal Customs Service of Russia (hereinafter – FCS of Russia) and the Federal Tax Service of Russia (hereinafter – FTS of Russia) on creation of the unified data bank designated to testify performance of the export-import operations by the international economic activity participants. Due to the fact that under current conditions, the special attention is paid by the customs authorities to the post-control issues in the frame of the in-office audits, the need to bring the customs and tax legislation into compliance taking into account the results of the in-office audits has been identified. It is necessary to accomplish the regulatory framework enabling implementation of the customs procedure "temporary import (admission)" for individuals with dual citizenship, and to refine the legal basis for the international economic activity participants to provide the documents additionally requested during the customs control. The issue of efficient interaction between the customs authorities and the standardisation and certification authorities during the preliminary customs declaring procedure should be elaborated. It is expedient to continue formation of the EEU digital space and digital infrastructures along with implementation of the advanced information technologies.

Vietnam’s Legal Policy on Obligations of Company Managers

The Company is a legal entity that cannot carry out its activities but must go through the actions of specific objects called the company's manageCompanyerprise law always has provisions that compel the company manager to perform their obligations to protect the interests of investors adequately. The article uses historical and statistical methods to assess the development and limitations of Vietnam's current legal policies for company managers. Accordingly, the performance of obligations of a company manager in Vietnam, mainly corporate governance, should generally be taken more seriously. The article also uses analytical and comparative jurisprudence methods to evaluate and comment on regulations on the obligations of company managers in the United States, Australia, and France. On that basis, the article proposes to improve the Vietnamese law related to the duties of the company manager, specifically: (i) To improve the Vietnamese enterprise law in both form and content to create a legal corridor as the foundation for business and commercial relations to develop. This is done through the development of a system of case law on corporate law in general and obligations of company managers in particular; (ii) attach great importance to the duties of honesty, diligence, loyalty, and prudence of the Company's managers because these are influential subjects who can interfere in management and operating decisions; (iii) Develop criteria to identify those considered company managers.

The DOCTRINAL DIFFRENCE BETWEEN The MALIKIS And Al-DHAHERIYA In The BOOK Of SUPERVISING The JOKES Of DISPUTE ISSUES For ABDUL WAHAB Al-MALI;I (t422h) The DOOR Of FASTING As A MODEL COMPARATIVE JURISPRUDENCE


 
 
 
 Thank of Allah, thank of Allah, And peace and prayers for the Prophet Muhammad And on his god and friends who are worthy of praise and glory but afte This is a research presented to the Faculty of Islamic Sciences at Tikrit University entitled The doctrinal difference between The Malikis and al-Dhaheriya in the book of supervising the jokes of dispute issues for Abdul Wahab al-Maliki t422h the door of fasting as a model Comparative jurisprudence.
 The idea of the topic; To identify the issues in which the Malikis disagreed with al-Dhahiriya and study them on the four doctrines with al-Dhahiriya.
 Research Methodology: Inductive Approach.
 The aim of the study; is to highlight the importance of knowing the reasons for the differences of jurists and identifying their shortcomings
 I have examined this through three demands:
 The first requirement: the introduction of the title terms and a profile of Judge Abdul Wahab al-Maliki.
 The second requirement is to differ in matters relating to the provisions of fasting and fasting of the traveller.
 Third requirement: differences in matters related to succession in the judiciary.
 The research was followed by a conclusion in which it mentioned its most important findings, including;
 1-The reasons for the difference between the fuqaha'a, but in general, do not differ from the understanding of a text or taking into account the custom or a linguistic interpretation and a meaning or a protest with evidence or knowledge of a modern.
 
 
 
 
 2-There is no difference in the real sense between the jurists in the origins of the issues but they differed in their branches.

The Distinguished and Confused Ruling - A Comparative Jurisprudence Study -


 
 
 
 ABSTRACT
 
 It is known that jurisprudence is one of the most important and noble sciences, and the people’s need for it is renewed and repeated, especially in this era in which the alienation of religion has appeared, and the counselors are few, and the determination of those who follow it has weakened. Seeking the pleasure of Allah Almighty, and following the guidance of the best of creation, and the savior of mankind, Muhammad bin Abdullah r. and whoever attained that, Allah wanted good for him, and made it easy for him to go to Heaven with him, As a matter of probing the depths of the principles of jurisprudence, I saw it is necessary to choose a topic (the rule of the distinguished and confused - comparative jurisprudence study) , because the knowledge of menstruation and purification is based on a lot of rulings, and a woman who comes to this role cannot differentiate between her purification and her menstruation, so things get mixed up on her, and knowing the controls and limits of that is important for every Muslim, especially in this time.
 
 
 

The Provisions of Suspension and Timing in the Gift - a Comparative Jurisprudence Study-


 
 
 
 ABSTRACT
 
 This research focused on four issues or points from the subject of the gift, which are very important, and few researchers in the jurisprudential arena have focused on it. The first: the issue of defining the gift, as formulating definitions is one of the most difficult things for researchers, and the second: the difference between comment and timing . A precise issue that deserves to be highlighted and focused on, and the third: the comment on the gift and its provisions, and its research needs linguistic ability and jurisprudential accuracy, and it is one of the issues that few researchers have been exposed to, and the fourth: the issue of timing in the gift, and I have considered in the research a scientific formula that is commensurate with the accuracy of This issue, as many authors and researchers have confused between the concepts of timing and lending, and the research ended up distinguishing between the two concepts.
 
 
 

Provisions Related to Wind in Prayer and Fasting - A Comparative Jurisprudence Study

Praise be to God, and prayers and peace be upon our Prophet Muhammad, his family and companions, and those who are guided by his guidance, and after. The research deals with the most important jurisprudential issues related to wind in the books on prayer and fasting. This is done by dividing it into two: First is the introduction, where I explain the reason for choosing this topic and its division. Second are the five topics, which are as follows: -First topic: The definition of the wind, linguistics, idioms, and the legal etiquette that a Muslim should follow when the wind blows. -Second topic: The consensus of the imams of the five madhhabs in inferring the knowledge of the qiblah through the winds, and their differences regarding the issue of revealing the private parts of the worshiper because of the wind. -Third topic: One of the excuses that allows one to miss the congregational prayer is the strong winds at night, and it is not permissible to combine the two prayers (Maghrib and Isha) because of the strong winds. -Fourth topic: When the winds are moderate, they have a clear and well-known effect in transmitting the voice of the muezzin to people. And it is desirable to pray alone, not in the congregation, for all the natural calamities such as earthquakes, throwing planets, strong winds, thunderbolts, and great darkness. -Fifth topic: I explained that if road dust enters one's throat during fasting, because of the wind or the hooves of animals, their fast does not break. - Lastly, I concluded the research with the most important results I reached. God bless you.
 Keywords: rulings, wind, prayer, fasting, jurisprudence, comparison

Justice in the Noble Qur'an: An Applied, Doctrinal Study

The research includes: The study of justice in the Qur'an, an applied study, a jurisprudence. The study was divided into: an introduction, three sections, and a conclusion. The first topic included two demands: (1 Defining justice in language and terminology, (2 Examples of Quranic verses that speak of the matter with absolute justice. The second topic: Examples of Quranic verses in words and deeds, studied by an applied study. The third topic: Contains jurisprudential issues concerned with justice, which have been studied by a comparative jurisprudence study.
 Conclusion: The conclusions of the research are mentioned.
 Keywords: the Noble Qur'an is a method for building nations.

Legal recognition of artificial intelligence technologies in the context of the constitutional values of the Russian state

The purpose of the article is to form approaches to the public legal regulation of artificial intelligence technologies. The subject of the work is the social relations that have developed in the field of legal registration of modern digital technologies of "weak" artificial intelligence - computer vision, natural language processing, speech recognition and synthesis, as well as intellectual decision support. The relevance of the research is determined by the need to bring the content of legal acts in line with the current level of information technology development. The work is based on a combination of general philosophical, general scientific and special methods of cognition – concrete historical analysis, formal legal (dogmatic) method, as well as the method of comparative jurisprudence. The author criticizes the anthropomorphic approach to understanding artificial intelligence, based on the analogy of technology with the human mind, implemented in the terminological apparatus of existing legal acts. It is proposed to limit the legal interpretation of artificial intelligence to a set of specific information technologies that can be used by a person in solving applied problems. The analysis of possible directions of constitutional and legal recognition of artificial intelligence technologies and the legal consequences of their influence on the implementation of the constitutional values of equality and privacy is carried out. The argumentation in favor of a combination of social and technical regulation of relations in the field of application of artificial intelligence technologies is proposed.

The Fatwa issued according to Shafi Comparative jurisprudence study

Our article included two topics, the first of which was devoted to an aspect of the biography of Imam al-Shafi’i as well as the principles and terminology of his doctrine, as it was built on principles based on the Book and the Sunnah, then consensus on what is not a book or Sunnah, then some of the companions of the Prophet, may God bless him and grant him peace, and we do not know of him contradicting them . The second topic covered four issues from the Book of Prayer, where we explained through the speech of the Mufti with the Shafi'is, then disagreement with the Shafi'is in the jurisprudential issue, then who agrees with them and who disagrees with them The other schools of thought The preference will then be given based on the strongest and most correct evidence, with an explanation of whether or not the preference is approved for the mufti's statement .

FEATURES OF INTERACTION BETWEEN THE COURT AND THE PROSECUTOR IN THE PROCESS OF PROOF DURING PRE-TRIAL PROCEEDINGS IN A CRIMINAL CASE

Proceeding from the common human rights goals of the court and the prosecutor to achieve the appointment of criminal proceedings and the relationship of their powers in the pre-trial stages, the article discusses the content and features of the procedural interaction of these participants in the process of evidence. As an example, on the basis of an analysis of the procedure for consideration by the court of complaints in accordance with Article 125 of the Russian Code of Criminal Procedure, attention is drawn to the essence of the participation in evidence in such cases of the court and the prosecutor; the legal and law enforcement problems of the exercise of their powers and various options for their solution are proposed. At the same time, the importance of ensuring the correct combination of control and supervisory powers of these participants in the criminal process is indicated; moreover, taking into account the content of the resolution of the Plenum of the Supreme Russian Federation on the category of materials updated in 2022, the need for a clearer legislative definition of the limits of evidence, increasing the assets, is justified. In addition, the directions of improving the procedure for considering such complaints, the need to comply with the sequence of their reception for consideration are specified. The study used general scientific methods (analysis, deduction) and private scientific methods (formal-logical, comparative jurisprudence, etc.). As conclusions, it is proposed to make a number of additions to the criminal procedure law, including Article 37 of the Code of Criminal Procedure of the Russian Federation and other norms.