Divine Law Research Articles

The Origins of the Jesuit Authority and Influence at the Court of Emperors Wanli (1572–1620), Shunzi (1644–1661) and Kangxi (1661–1722) and in the Wider Circles of the Chinese Society in the Light of the Works of Thomas Szpot Dunin (1644–1713)

The article analyzes the role of authority in the Jesuit modus operandi in China in the early modern period as it can be deduced from the works of Tomasz Szpot Dunin SJ (1644–1713), in particular from his Historiae Sinarum Imperii (ARSI, Jap. Sin 102; Jap. Sin. 103) and Collectanea Historiae Sinensis (ARSI, Jap. Sin 104; Jap. Sin. 105 I; Jap. Sin. 105 II). The manuscripts contain a detailed description of the Jesuit method of working in a very challenging cultural and political environment in which the question of authority played a predominant role. For Matteo Ricci and his followers, the goal of their missionary work was to plant Christianity in China, but it could have been done only by everyday efforts to win the acceptance of the court and of the wider circles of the Chinese society. The article enumerates and discusses the seven dimensions of Jesuit authority which are broadly divided into two types, namely, the secular authority (auctoritas profana) and the sacred authority (auctoritas sacra). The former found its expression primarily in a proper dress code and grooming, dignified posture, solemn facial expression and impeccable social manners. These were combined with limited use of physical force for self-defence and willingness to offer their military expertise when deemed necessary to promote the missionary goals. Furthermore, the Jesuits lived a virtuous life combined with charity manifested towards the poor, especially in time of natural disasters and social unrest. However, the authority they exercised among the Confucian mandarinate was based on their distinguished literary skills, remarkable command of Chinese and practical understanding of international diplomacy which enabled them to serve as cultural and political brokers. Finally, the Jesuit exercised the form of authority which was divinely mandated as they were the teachers of the Divine Law (Magistri Legis Divinae), which, for the Chinese Emperors, who were regarded as the Sons of Heaven (Tianzi or Huangdi) was tantamount to the knowledge of astronomy.

Philosophy of Islamic Constitutional Law: Shiite School Perspective

The objective of this work is to expound upon Shiite philosophy and constitutional theory by drawing upon the views and ideology of Imam Khomeini. In addition, this research endeavours to compare the constitutional ideas of Shiite and Sunni factions. This study employs the methodology of literature review. Several primary and secondary sources pertaining to the research objectives were thoroughly reviewed, analysed, and compared. The study's findings indicate that within Shiite ideology, the power and control over authority are exclusively attributed to God. Allah is the ultimate arbiter of all natural phenomena and every entity within it. God possesses supreme authority, possesses dominion, and bestows legislation. According to this philosophical understanding of existence, it is necessary for human civilization to be guided by a leadership that is of divine nature. In Shi'a thought, Muhammad's role as a prophet and messenger of Allah entails not only the responsibility of communicating divine law (al-qanūn al-ilāhi), but also the duty of putting that law into practice.

The Concept of Justice in Islam: A Socio-pragmatic Analysis

This study attempts to extend politeness theory beyond informal situations to a more serious type of discourse, using data collected from the Holy Quran and the Prophet’s sayings. Specifically, different aspects of social justice have been investigated in this study from an Islamic point of view. The data comprises 191 Quranic verses and 100 sayings of the Prophet Mohammed. The study uses qualitative methods focusing on the concept of social justice, and in particular, the way Islam emphasizes numerous principles that organize relationships among members of the society. The theoretical framework of this study is based on the politeness theory as developed by Brown and Levinson (1978, 1987) and Leech’s (1983) model of politeness. The relevance of the politeness strategy is evaluated in terms of two factors: the medium of communication and the seriousness of the topic being discussed. The findings showed that the highest percentage of use is the bald-on-record strategy with (61%), followed by the positive politeness strategy (26%), and (8%) belongs to the negative politeness strategy. The least politeness strategy employed is the Off record with only (5%). Judging from the findings, one might argue that religion has an important role to play in legitimizing social justice and that discrimination is a man-made phenomenon, privileging certain groups of people over others. The findings presented here bear on orientations toward the importance of applying a social system based on divine justice and that in order to bring human justice in line with divine laws, people should exemplify God's justice and mercy in how they think and live.

Semantics of Conscience in Richard III: “Worm”, “Coward”, “Witness”

The article surveys a number of meanings of the polysemantic word “conscience”, which defines the religious and moral concept of Shakespeare’s Richard III. The biblical roots of these meanings are shown, to which Shakespeare returned his public over well-known idioms, including the origins of the proverb from Erasmus Adagia “Conscientia mille testes“. Studying Shakespeares three early correlations of conscience with cowardice (“coward”), which will become a part of proverbial language only after Hamlet, the author reveals the original content of this comparison, its connection with the theme of “conscience” and the “thoughts” of the pagans as a “witness” in the Epistle to the Romans (Rom. 2:15). We come to the conclusion that it is this dual complex (separation of conscience leading to repentance, and thoughts as awareness without repentance) that predetermined two divergent vectors of reading the “conscience – coward” verbal link in Richard III, then in Hamlet and after. This duality often leads to ambiguity, paradoxical interpretations, misunderstandings. Meanwhile, of the two vectors for Shakespeare only one is true in each case, and it depends on the meaning of the word “conscience”. Mentioned with annoyance by the Murderer “conscience” which “makes a man a coward” (I, 4, 133–134), is a person’s susceptibility to the divine (moral) law named “conscience”. The same with “Conscience is but a word that cowards use” (V, 3, 309) – the teaching of Christ that irritates the usurper-Richard. Whereas the “coward conscience” (V, 3, 179) of a tyrant who wakes up in a cold sweat is no longer conscience, but a “coward”-mind that gives rise to fear of retribution. The article also provides arguments for interpreting the corresponding expression in Hamlet (III, 1, 83).

The CONCEPT OF THE "CALIPH" IN SUNNI AND SHI’A WRITINGS

The Concept of a Caliph is of great importance in the history of Islam. The formation of the Islamic State, founded after the death of the Prophet Muhammad, was based on the institution of the Caliph. The caliph became the deputy of the apostle, who governed the state according to divine laws. The concept of caliph caused and causes a great controversy between Muslim and non-Muslim theologians and scholars. Due to the religious division in the history of Islam, two main approaches were formed: Sunni and Shiite. The study discussed the term "Caliph" and its historical development, the history of the formation of the institution of the caliph, the analysis of the historical development of its role and functions, and the Sunni and Shiite concepts that have been formed in Islamic political thought over the centuries. The article analyses the Sunni and Shiite concept of the Caliph. The Shiite concepts are mainly based on the Shiite sect of Ismailites doctrine. Ismailites, like all Muslims, recognize the Qur'an and the Hadith as the primary source of their legislation. They, like other Shiite sects, are distinguished from Sunnis by the doctrine of Imam. So, according to the Ismailite sect, the Imam is the supreme authority who interprets God's laws. The Sunni version of the concept of Caliph in the article is based on the Sunni thinkers and commentators of the Qur'an. According to Al-Mawdudi, the Pakistani Muslim thinker, the caliph is responsible for fulfilling God’s willing on the earth. The caliph obeys the God and follows his rules.

Ta’zir Punishment in Islam and Its Implication in Our Society

It is common knowledge that man cannot live in isolation. He interacts with others and maintains certain divine laws in that interaction. The divine laws are enforced by punishment either widely fixed by the Qur’an and Sunnah or by those that are left at the discretion of the judge. This paper therefore attempts to define Ta’zir as a discretion punishment, its difference with Hadd its basic types, legal position and most importantly its practical application in our society. The discussion is done through a survey of the glorious Qur’an, Hadith and views of scholars on the subject matter. A summary, conclusion and some positive recommendations were given at the end of the paper.

Maqasid Al-Shari’ah is a Divine Shield of Islamic Policy

Shari’ah is the divine law for human beings to regulate their lives according to the will of God. In academia, it became a central focus for a large number of Muslim and non-Muslim scholars. Some considered it revealed law while others considered it a Juristic extraction of law known worldwide as jurisprudence. But it is obvious it is divine in nature as elaborated by Muslim scholarship as per need and requirement for human welfare. In the contemporary era under the influence of secular teachings, the Euro-centric scholarship cogitates it as a private affair but relevant to some issues of Muslim life called personal law affairs and rituals but, Muslim scholarship considered standardized law related to all affairs of life from polity to justice so as to achieve nearness of God (taqwa). It is noteworthy that, though Ghazali codified Maqasid al-Shari’ah within five objectives, other scholars included other necessary aspects that govern all affairs of human life, so that no one will be ill-treated. They uphold that it is a human welfare methodology that necessarily, safeguards human interests at local and international levels and makes it incumbent to regulate Muslim life through inclusive and exclusive methods on a priority basis.

The Autonomous Rights in the Canonical Legal Order, Central to Carrying out the rights of Minors

In the study presented, the author points out the dilemmas which arose as a result of his reflection on the clause “except in cases in which minors, on the basis of divine law or canon law, are excluded from the authority of their parents or guardians,” included in can. 98 § 2 of the Code of Canon Law, in the context of the problem of autonomous rights to exercise the powers of minors in the canonical legal order. Without questioning the legitimacy of the introduction of the clause, he showed that the reference in it to Divine law generates serious difficulties of interpretation due to the fact that the autonomous matters of minors that result from the positivisation process in the canonical legal order, have not been precisely articulated. He pointed out that it is very difficult to draw clear, precise boundaries between divine law and positive law. He expressed the view that the autonomy of the powers of minors is not absolute in relation to matters of divine law, opting for the possibility for parents or guardians to correct attitudes.
 In view of the current scant state of the canonical heritage on this issue, which basically boils down to an exemplary enumeration of powers by the commentators of can. 98 § 2 of the Code of Canon Law (can. 89 CIC/17), the author postulates, suggesting more reliable research on this interesting issue.

Peace In Islam In The Light Of The Holy Quran And Hadith

Islam is a peaceful, merciful, tolerant, and most kind religion. It is a divine religion. To advance and defend justice and peace, it confronts every cruelty, violence, and viciousness. The goal of the entire Islamic ethical system is to uphold society's overall state of peace, safety, and happiness. This code emphasizes unity and all righteous actions that promote peace and forbids any action that promote violence. Therefore, if the society's members follow Islamic ethics, they will surely experience peace, safety, and satisfaction. All Islamic moral principles result in a better individual who is an upright human being who possesses the admirable qualities of honesty, justice, courage, generosity, patience, and kindness. For Muslims and non-Muslims alike, justice and peace are necessary and important in all circumstances, whether one is joyful and satisfied or disturbed and dissatisfied. This paper focuses on how the holy Qur’an and the traditions of Prophet of Islam (PBUH) teach its followers to obey and uphold the divine laws so that everyone in the society feels safe and comfortable and also educate them to be kind and to like for others as wishes for themselves so that everyone in the society benefits. This paper concludes with the argument that Islam seeks to construct the ideal human society and brotherhood, spreading all-around goodness and divine direction among people for their benefit and betterment.

The Reason Behind Imam Al-Shafi'i's Denial of Commendation- A Contemporary Applied Jurisprudential Study

This study identifies the reasons for Imam Al-Shafi'i's rejection of “Istihsan” or juristic preference. The study explains the concept of Istihsan, its components, the schools of jurisprudence, “ijma'” or consensus, and the attitude of ancient and contemporary jurists towards Istihsan. Scholars' opinions regarding acceptance or rejection are also presented. Contemporary applications are examined where jurists have employed Istihsan, highlighting its legitimacy and its impact on facilitating matters for Muslims in their daily lives. Istihsan is a fundamental principle of Islamic jurisprudence aimed to facilitate Muslims' lives while adhering to the divine law. Jurists reject Istihsan based on legal evidence and serve the objectives of the Sharia, as well as being a legitimate argument in itself. Furthermore, the study explores contemporary jurisprudential issues and branches based on Istihsan, their formulation, and grounding. This enables jurists to apply fundamental jurisprudential principles to the evolving issues and circumstances of people's lives.

"الموافقات فی اصول الشریعہ": منہج اور خصوصیات

Imām Abū Isḥāq al-Shaātibī, an Andalusian Sunni scholar of the Mālikī school, was a foundational figure in Usūl al-Fiqh (methodology of law). He passed away in 1388 (790 H) in Granada, Spain. Also known as Ibrāḥīm Ibn Mūsa Ibn Muhammad al-Shātibī al-Gharnāṭī. His works are essential readings in Usūl al-fiqh. For those engaged in ijtihād. “Al-Muwāfqāt fī Ūsūl al-Shariʼa” is a renowned work by Imām Shātibī that focuses on the principles of Islamic jurisprudence and their application to contemporary challenges, while addressing new issues that arise with changing times. In this context, Imām Shātibī employs innovative terminology to enhance the understanding of religious concepts, highlighting the significance of the objectives of Sharia and their adaptability through modern reforms. The book encompasses various dimensions of Islamic jurisprudence. Key points discussed in “Al-Muwāfqāt” include the exposition of hidden intricacies within the Hanafī school of thought, articulation of principles of legal objectives in the finest manner. The author emphasizes three central elements: discovering the true intent of legal rulings, ensuring practical application of these rulings, and considering the objectives behind them. Imām Shātibī introduces the concept of “Tawfiq Zahirī” as a way to reconcile differences among jurists with elegance. The author categorizes objectives into two types: objectives derived from the divine law and objectives related to human responsibilities. A prominent feature of “al-Muwāfaqāt” is its extensive utilization of Arabic language and contextual analysis of events. Imām Shātibī's meticulous examination of legal objectives, derivation of principles, and embrace of juristic guidelines is deemed crucial for achieving a comprehensive understanding of the objectives of Shāriʻa.

The relationship of Islamic Sharia with the prior legal systems

In explaining the relationship between divine laws, the presumption of variance and equality of nullity, and the existence of common and distinct rulings, it is a fixed assumption that in its interpretation, common rulings exist due to the unified legislator (Sharia) and the differences are not due to the plurality of divine laws or abrogation of laws. Rather, the reality is that Sharia is a unified truth, and the evolutionary process of legislating rulings has led to certain differences within it. One might question what the commonalities of Islam with past divine laws are and why prophethood concluded with the advent of Prophet Muhammad (peace be upon him)? It seems that in all divine and Abrahamic religions, there is a section known as legislation or practical rulings, or in Islamic terminology, it is called jurisprudence (Fiqh). In this research, a library research method is employed. Essentially, there is no difference in the essence of religious laws; all religions invite humans to the worship of the One God and negate polytheism. They encourage people to engage in favorable actions while refraining from unfavorable deeds and thoughts. Any differences observed are due to the capacity of humans in each era. For example, all humans need food to survive, but for an infant, the only suitable food is milk, whereas for a twenty-year-old, other foods are appropriate. Similarly, in religions, the ruling is in a similar manner. In Judaism, there is a book of laws and rulings, and Jewish law is quite extensive. In Christianity, the law does not exist in the sense that it does in Judaism or Islam because Paul removed the law from Christianity. They have modified their rulings and practices through the awareness of their ecclesiastical authorities, such as the Pope and the church hierarchy.

Response to ‘“Legalists and Moralists” in the Historic Portrayal of the Constitution of the Church of England’

It is a great challenge to respond as a theologian to Professor Doe's magisterial survey in the article published in the previous pages of this Journal.I was asked to respond to the paper upon which that article is based from a theological perspective as part of the Ecclesiastical Law Society's 2022 day conference. Professor Doe demonstrates how, in the years between Hooker and the Church Assembly, ecclesiastical lawyers had recourse to both ethical, natural law arguments and those purely from legal or even positivistic ones. It is significant to see how frequently the Anglican theorist, Richard Hooker, is invoked throughout the article. He dates, of course, from the Reformation period when, as Harold Berman points out, a pre-Enlightenment jurisprudence still obtained which combined all three dimensions of law – the political, the moral, and the historical. In my view, what is important about Hooker is that he makes no separation between the legal and the ethical because law is divine in origin and even in God himself there is a law of his being: ‘the being of God is a kind of law to his working’ in giving his perfection to what he makes and ‘God is a law both to himself and to all other things beside’. Moreover, the ethical is only realised in what we decide to do and the laws we make. Law in Hooker is even Christological because, just as the Father begets the Logos (the Son), so the law proceeds as his continuing work in creation and history. To walk in God's ways and obey his laws is to be in union with Christ. Hooker was, of course, working out the meaning of the emerging Church of England in the Reformation Settlement, but even the pragmatic is itself participatory in the divine law and he appeals back to the natural law tradition for that reason.

The Importance of the Holy Scripture within the Canonical Tradition of the Orthodox Church

This paper examines the views of Orthodox canonists on the relationship between the Holy Scripture and Canon Law in current academic research. It explores two general positions within Orthodox Canon Law: one that considers the Holy Scripture as a fundamental source of Canon Law, and another that postulates a conflict between the principles of love and grace found in Scripture and the legal aspects of Canon Law. The first position categorizes the Holy Scripture as divine written law, while the Holy Tradition is seen as divine unwritten law. The sources of law are further classified into fundamental, historical, and practical sources. The division of Canon Law also includes distinctions such as divine or natural Church Law, common law versus law, and old law versus new law. The text references various canonists and their works to support these classifications. It highlights the understanding of contemporary Orthodox canonists who continue to recognize the Holy Scripture as a source of divine written law, emphasizing the importance of formulating human laws by divine justice. In general, it is emphasized that all the canons of the Church included in the fundamental collection, being regarded as an essential part of the Patristic tradition and the synodal manifestation of the Church, can be understood as manifestations of the ecclesial experience across time and space, guided by the divine grace of the Holy Spirit, and as a continuation of biblical rules and norms.

Kajian Modernisasi atas Pembaharuan Islam Nurcholish Madjid

Nurcholis Majid is an Islamic thinker who has had a strong and broad influence in the history of Indonesian Islamic intellectualism. His thoughts had a very broad impact on Islamic religious life, and more than that, he even became a reference and direction for Indonesian Muslim intellectuals. One proof of how strong Nurcholis Majid's influence is is that he succeeded in developing intellectual discourse among Islamic society in a modern, open and democratic way. The type of research carried out by the researcher is normative legal research, because the researcher uses library materials as the main data to analyze cases, this research specifically examines Nurcholish Madjid's Study of Islamic Reform. Modernization according to Nurcholis Madjid means rationalization, namely to obtain maximum efficiency in thinking and working, for the happiness of mankind is an imperative and fundamental command of God. Modernization means thinking and working according to fitrah and Sunnatullah (divine law) which is haq (because nature is haq).

Ipotesi per una tutela «amministrativa» dei parchi pubblici nel diritto romano

Abstract - This paper firstly describes, though very briefly, the state of the studies and essays on general aspects of daily life in Roman age; among such studies, specific attention is given to how urban areas conceptually near to what we call nowadays “public parks” were conceived and enjoyed. To this regard, this paper explains the notion of “parco pubblico” (public park) that can be inferred both from the Italian (also in relation to the juridical usage) and from the Latin vocabulary (till Middle Age language), mostly in connection to specific uses of ‘hortus’. Then, the Roman notion is examined for what concerns its juridical relevance. Thus, the paper goes on by investigating the juridical regulations and a parallel defence that could be called administrative (concerning mainly penalties given by non-jurisdictional authorities) and judiciary in reference to such areas, and by showing how these aspects were at the origin entangled with divine law (in particular with the defence of sacred woods). Quite soon, namely already in the middle of the Republican age, as the conclusion of this paper shows, specific ways of defence in reference to the above mentioned areas can be found firstly inside the municipal body and then also in more general rules included in the Pretorian edict (mostly through interdicts), by such letting a specific town planning policy emerge, mostly from the middle of the Imperial age.

The Angelized Rabbis and the Rabbinized Angels. The Reworked Motif of the Angelic Progeny in the Babylonian Talmud (bShabb 112b)

The myth of the fallen angels, as it is known from the intertestamental literature, narrates the story of the angels who break the divine law, marry earthly women, and beget malevolent hybrid progeny. The latter element of this narrative can be found in the Babylonian Talmud, where it is invested with new significance: these are the distinguished rabbis who are the heavenly messengers’ offspring. I start this paper by outlining the traces of the rabbis’ familiarity with the myth of the fallen angels and then move on to an analysis of the tradition about the angelic origins of the sages found in bShabb 112b. I offer that this passage should be read as exemplifying the practice of associating rabbis and angels that permeates the whole Babylonian Talmud. I base on two methodological paradigms: cognitive linguistics, which allows for the translation of this problem into two conceptual metaphors (SAGES ARE ANGELS and ANGELS ARE SAGES), and the Elyonim veTachtonim – a system of quantitative and qualitative analysis of the traditions involving supernatural entities, which permits to locate all the Talmudic passages utilizing these metaphors and to interpret their place in the broader conceptual network. The data show that the sages and rabbinized biblical figures are frequently juxtaposed with angels, and the main dimension of comparison is their intellectual proficiency. When it comes to the mapping of specific rabbinic competencies onto the angels, the most popular is the ability to engage in halakhic scrutiny and teaching. In sum, this presentation of the sages as angels can be taken as an expression of the sense of elitism entertained by the Babylonian sages and, as such, sheds additional light on the interpretation of the passage in bShabb 112b.

5 Habits of Highly Successful Scientists: THE EDITORIAL

Earl Nightingale, one of the most well known personaldevelopment speakers and authors of the last century,defined success as "The Progressive Realization of aworthy idea." This means that the moment you startmoving towards something worthwhile, you are alreadysuccessful.
 Therefore, success is not a destination; it is a journeyyou embark upon while working towards a goal. As longas you strive to achieve something, you are a success;otherwise, you are considered a failure.Ever since I developed an interest in the subject ofsuccess and became a lifelong learner, I decided toembark on my own marvelous journey towards successand bring others along with me.Consequently, I constantly educate my students onsuccess through my social media videos. This article isyet another attempt to guide the students and readersof this journal who aspire to become exceptional andoutstanding scientists in the future, providing them withprinciples of success that will help them achieve theirgoal of becoming successful scientists.Numerous books have been written on the subject ofsuccess. Different authors have explained varioussecrets and natural or divine laws that govern successin this universe. I, too, firmly believe in the laws ofsuccess. We all know that success comes from hardwork, discipline, dedication, and determination –qualities that top scientists already possess. However,in this editorial, I have chosen what I believe to be thetop five habits or traits of successful individuals, inaddition to hard work, discipline, dedication, anddetermination. I consider all of these success habits tobe natural or divine laws of success, and any scientistwho adheres to them is bound to achieve success.JIMGSJournal for International Medical Graduates. 2022.Journal for International Medical GraduatesVolume 1 (01) June 7th, 2023.Editorialadvances in their field. They make a point of notmissing any significant seminars, conferences, orwebinars. This commitment to lifelong learning persiststhroughout their lives

THE STATUS OF WOMEN BETWEEN ANCIENT LEGAL SYSTEMS AND DIVINE LAWS -COMPARATIVE STUDY

This subject highlights the status of women in some old positive legislations that were maintained throughout centuries, and in which most of them prived women of their human rights, resulting in discrimination and injustice. And it also highlights women’s legal status in religious legislations, starting with Judaism and Christianity, and its sexist regard towards women, as a result of the rewriting of Holy Books( the Torrah and the Bible), ‘til the emergence of Islamic legislation, which opposed all kinds of discrimination and injustice, honoring the woman as a human being, as a daughter, as a sister, as a wife and as a mother, and it gave her a high status that won’t be found even in modern legislations. Hence, we pose the following problem: We will try to answer this problem, through two sections: The first topic: the status of women in some ancient legal systems. The second topic: the status of women in the divine laws, including the law of Islam

Естественные свободы человека как основа правового регулирования

The article provides a new approach to understanding natural human rights. The author reviews the existing concepts of natural law: ancient philosophers, religious figures of the Middle Ages and the New Age, philosophers of the Enlightenment, I. Kant, the views of modern lawyers, reflected in fundamental international documents and national constitutions. It is concluded that the existing concepts are based on assumptions, many of their provisions are outdated and often contradict each other, and the content of the natural human rights themselves is not disclosed. The author is critical of the opinion that natural law is morality or divine law. Instead, it is proposed to build a concept based on the biological characteristics of the human body. To substantiate the new approach, the author applies the method of R. Descartes — denial until the very denial becomes absurd. Thanks to this method, an objective basis was found — «a person exists while he lives», from which further reasoning is conducted. The article provides a logically justified and integral system of natural human rights, which the author calls “human natural freedoms”. These include natural freedoms: life, consumption, labor, worldview, knowledge and selfdefense. The author proves that they are inalienable, absolute, independent in use and permanent. The article also shows how the objectively existing system of natural human freedoms interacts with positive law. The author notes that the role of such a “bundle” is played by the principles of regulation, which include: universality, equality and fairness. In conclusion, a conclusion is made about the theoretical and practical significance of the presented concept.