Legislative Sources Research Articles

The Role of Custom in Defining Money and Cash in Islamic Law

Islam did not come to deny people's customs and destroy their traditions and heritage, but came to improve them and distinguish between malicious and the good, and eliminates what is contrary sharia, and proves what agrees with them, so people's customs became considered in Islamic law, and is a source of legislation, and many of the provisions of sharia are due to custom, especially when there is a conflict and difference. Money and cash may be considered a doctrinal issue based on custom, and after consideration and research it has been found that there are significant customs in matters of money and criticism that jurists have built doctrinal issues on, and there are null customs that cannot be relied upon. Custom plays an important role in determining what money and cash are, since custom is changing as well as what it has relied on will change, so we see that the concept of money and cash has changed differently than before, everything that existed before. State officials have issued papers, minerals or what people have come to know as money, and the word cash in our time is more comprehensive than it used to be.

Ретроспективная модель отечественного развития долговых отношений и установления уголовной ответственности в сфере возврата просроченной задолженности

The work is a historical and legal study of domestic sources of criminal legislation, including the study of the dynamics of the emergence of debt relations, as well as the consideration of issues related to countering crimes committed in the field of repayment of overdue debts in our state. The main result of the research was the developed model of the author in an illustrative form, which can be of value not only as a scientific development, but also be used in the educational process.

Kitab-Kitab Tafsir Dalam Pengajian Takmir Di Institusi Masjid Di Perlis: Kajian Tinjauan

The mosque institutions are important platforms in the studies and dissemination of religious knowledge. They serve as the nucleus in producing civilized Muslim communities that are able to appreciate the Quran and sunnah in life. Takmir class is one of the forms of knowledge study in mosque institutions throughout the state of Perlis which also emphasizes the study of tafsir. Through the tafsir studies delivered by a certified takmir teacher, correct and accurate understanding of the meanings of al-Quran al-Karim can be achieved in moving towards the true appreciation of al-Quran al-Karim in life. Therefore, this article will describe the tafsir books used in the study of tafsir by reviewing five district mosques in Perlis and analyzing the opinions of mosque congregations who attended the related lectures. This study uses qualitative methods in the form of interviews, observations and document analysis. The researcher conducted interviews and observations on five selected informants among the takmir teachers who taught at the mosque, while document analysis was used by analyzing the materials or sources of turath writing that had been collected. Findings of the study show that the effectiveness of tafsir lectures at mosque institutions in Perlis are at positive levels in terms of the selection of tafsir books and their suitabilities with the mosque congregation and the congregation's response to the tafsir books taught. It is hoped that this study can instill interest in the community to deepen the meaning of al-Quran al-Karim which is the main source of legislation in Islam.

Правовые основы экологической политики государства: система, классификация и проблемы кодификации законодательства

This article examines the role and significance of legislative acts to ensure the environmental policy of the state. On the basis of scientific and legal judgments, the following main directions of the state environmental policy are substantiated: environmental protection, rational use of natural resources and ensuring the environmental safety of the population. The author pays special attention to the definition of such concepts as “environmental legislation”, “sources of environmental legislation”, “subject of environmental legislation. The paper analyzes the issues of systematization and classification of environmental legislation based on the specific features of environmental legislation, and also proposes a classification of environmental legal regulations in the field of ensuring the environmental policy of the state. The general and peculiarities of constitutional norms, laws of the Republic of Uzbekistan, by-laws of state authorities and management, as well as principles and norms of international law in the field of ecology are analyzed. The role and significance of the codification of environmental legislation is analyzed, and conclusions on the development of the Environmental Code of the Republic of Uzbekistan are formulated.

The Overview of Security Theories and Concepts and the Example of the Republic of Bulgaria in Understanding the Problem of Security

Security and defence issues have always been the subject of scientific and artistic interest. The topicality of the researched issues is especially emphasized in the conditions of changing the concepts of security and bringing them from the traditional level to a level reflecting the modern reality. The article attempts to review the genesis and development of the security concept by presenting related and fundamental concepts, related and synonymous terms of the term "security", and various levels of security. The authors try to briefly describe the problem, which is reflected in a number of Bulgarian and international scientific and legislative sources, and which reflects the research purpose of the presented work.

The Main Signs of the Duality of the Specialist Position in Criminal Proceedings

The author examines the problem of the special knowledge functioning in criminal proceedings. By synchronizing the institutions of the criminal procedure that regulate the legal relationship between the knowledgeable persons and the institution of criminal law regulating the responsibility of these participants in the commission of a crime against justice, the author demonstartes asymmetry between the rights and duties of a specialist. The subject of the study is constituted by the contradictions between the institutions of procedural and substantive law, namely, the discrepancy between the procedural complex (rights, duties, functions) of a specialist to the course of his criminal responsibility. For this purpose, a comparison is made between the rights and obligations of knowledgeable persons, based on the criteria of: a) the scope of procedural functions; b) the specificity of procedural rights and obligations; c) actual forms of special knowledge acceptable as evidence. On the basis of the revealed contradictions, the situation of competitiveness of special knowledge is investigated; the legal significance of the forms of special knowledge is determined. The author proposes a systematic solution, namely: 1) to clarify the procedural status of a specialist: to add the definition of “forensic specialist” to Art. 58, 61, 71, 74, 80, part 4 of Art. 164, art. 168, 251, 270, 271 of the Code of Criminal Procedure of the Russian Federation; 2) to clarify the epistemological aspects of the research functions of a specialist in accordance with Part 3.1 of Art. 74, art. 80; Part 1.2 of Art. 144 of the Code of Criminal Procedure of the Russian Federation; 3) to establish a mechanism for the responsibility of a specialist for giving a deliberately false opinion: to add to Art. 58 of the Criminal Procedure Code of the Russian Federation, part 5 by analogy with part 5 of Art. 57 of the Code of Criminal Procedure of the Russian Federation; to supplement the text of Part 1 of Art. 144 of the Code of Criminal Procedure of the Russian Federation; to correct the content of Art. 307 of the Criminal Code of the Russian Federation. Or release the specialist from criminal liability for the opinion expressed by him (even if it is deliberately false). The author proves that the proposed measures will promote adversarial evidence, increase the specialist’s subjective responsibility for the conclusion given by him, which corresponds to the institution of proving.The main research methods are: general scientific methods, review and analysis of legislative sources, contextual method, semantic analysis and formal logical analysis.

THE DEFENSIBILITY OF SOCIO-ECONOMIC RIGHTS IN A STATE OF DISASTER: A SOUTH AFRICAN PERSPECTIVE

The drafting of the final Constitution was a deliberate act of imposing an obligation on the newly formed democratic South Africa to recognise socio-economic rights. This was an important step in the transformation process brought about due to the transformative nature of the Constitution (better known as transformative constitutionalism), in a country that had witnessed the gross violation of human rights and institutionalised discrimination that considerably led to many of its citizens living in dire poverty through social and economic exclusion. This discussion aims to explore the justifiability of these constitutionally protected rights. In doing so, an analysis of international standards will be considered in determining whether the socio-economic rights could be said to be justifiable, followed by the constitutional influence, along with other legislative sources and judicial precedents on the matter including the role propagated by the value of ubuntu.

PREREQUISITES FOR THE CREATION OF ECOLOGICAL NETWORK IN UKRAINE

The relevance of the article is determined by the global direction towards the greening of the environment which finds its manifestations both in scientific research in various fields of knowledge and in the general policy of developed countries. Nowadays, the problems of climate, environmental friendliness and biodiversity are of vital importance. The current approach to land use leads to fragmentation of natural environment, stagnation of natural habitat, degradation of ecological systems, which affects nature-related anthropogenic culture.
 The article considers political measures that are the basis for the methodology of environmental regulation at global level. This research shows how they are reflected in the Ukrainian legal framework and provides specific results.
 The analysis of legislative and literary sources allowed finding out that the creation of the ecological network of Ukraine has a deep level of integration into the European ecological programs and is a part of the ecological network of a higher order. The study found that the organization of the ecological network of Ukraine takes place immediately at the national, regional and local levels. The national level ensures the establishment of state strategies and directions of the ecological network, the establishment of interstate communications on the organization of transboundary ecological objects as well as the positioning of the state ecological network as a part of the "Green Infrastructure" (GI). At this level there is communication with world environmental organizations, setting goals, directives and compliance with environmental programs.
 The regional and local levels determine the activities of regional and district councils in relation to specific environmental measures aimed at the protection and reproduction of natural biological and landscape diversity, its protection, regulation of land use in protected areas. The article highlights the hierarchical model of ecological networks organization (Regional Ecological Network Scheme - Consolidated Scheme of Ecological Network of Ukraine - European Ecological Network Scheme "Green Infrastructure"), which reveals the relationship between the initial global environmental initiative and the scheme of ecological network formation in Ukraine.

Tactical and procedural features of the search in the investigation of crimes against public security

Based on the review of legislation and other scientific sources, the results of the generalization of investigative and judicial practice, the legal and organizational principles of search in criminal proceedings in the investigation of crimes against public security are studied. The study used both general scientific methods to determine certain legal categories that characterize the search in the investigation of crimes against public safety, and special methods. It is based that the conditions of search in the criminal process in the investigation of crimes such as the creation of a criminal organization, assistance to members of criminal organizations and cover-up of their criminal activities, banditry, terrorist act, illegal handling of weapons, ammunition, or explosives, etc. are generalized and substantiated. It is concluded that the fulfillment of such conditions during registration is established by the Law, which determines the admissibility of the evidence obtained in the subsequent investigation. The faculties of the researcher and the employees of the operating units are highlighted, as well as the algorithm of their actions during the start and realization of the search. The procedural procedure for carrying out a search in the investigation of crimes against public security was considered.

Narrations of the Fewest Women in the Sunnah of Abi Dawood

هدفت الدراسة إلى تخريج ودراسة، أسانيد مرْوِيَاتِ النِّسَاء الصَّحَابِيَات الْمُقِلَّات لِرِوَايَةِ الْحَدِيثِ في سنن أبي داود، وترجمة الرواة لهذه الأسانيد، مبينة أقوال العلماء لمعرفة أحولهم. استخدمت الدراسة المنهج التاريخي التحليلي للوصول إلى النتائج. وتوصلت الدراسة إلى بيان الحكم على أسانيد هذه الأحاديث، وتمييزها من حيث الصَّحَةِ والضَّعْفِ. وأوصت الدراسة بالاهتمام بدراسة الأحاديث النبوية غير الموجودة في الصحيحين، البخاري وصحيح مسلم، ومرويات الصحابة المقلين في رواية الحديث، لمعرفة حال أسانيدها، لأن السنة هي المصدر الثاني من مصادر التشريع الإسلامي.

Islamic Constitutions and Democracy

There is an ongoing debate on the relationship between Islam and (lack of) democracy. Considerable literature shows that Islam, represented as an informal institution by Muslim population share, has a negative effect on democracy. This study examines the effects of formal institutions, specifically constitutions that prescribe Islamic law ( Shari’a) as a source of legislation, on democracy. We use a newly developed coding of the degree to which Islam is incorporated in constitutions. Our empirical results show that the constitutional entrenchment of Islamic law has a negative and significant effect on democracy. Our findings are robust to using different estimators and instrumental variable regressions, employing alternative measures of democracy and controlling for Muslim population, natural resource wealth, and additional control variables. While we show that Islamic constitutionalism is a reason for a democracy deficit in Muslim-majority countries, we find no evidence that Islam is inimical to democracy when not entrenched in the constitution.

The Italian Leadership on Inclusive Education: Myth or Reality?

Abstract: Background: Italy is internationally known as a Country with a longstanding “tradition” of inclusive education. Objective: Aim of the paper is to provide a frame on the educational policies that, since 1970s, have steered the school system according to a “fully inclusive” model, highlighting the instruments of teaching – learning and evaluation tools for assessing the quality of the inclusive processes. Methodology: Starting from primary and secondary legislative sources, the paper identifies three main focus points: the passage from the inclusive “principle” to the teaching – learning practices; the tools for answering special educational needs; the tools for assessing the quality of inclusive processes. Discussion: Even though there are many efforts to align to international legislative regulations and to modernize the concept of inclusive education, Italian reality seems to be ossified in self-referential attitudes, beliefs and practices that saturate the school system. The paper outlines the need for defining new systemic research approaches that can validate this long educational tradition.

Abortion Laws in Muslim Countries: Modern Reconfiguration of Pre-modern Logic

Abstract In most countries where Islam is acknowledged as a, or the, source of legislation, abortion is permitted under certain conditions and at certain stages of pregnancy. This article examines some of these laws and argue that they represent a continuation of the logic that governed the views of pre-modern Muslim jurists on abortion, that is, harm aversion. However, these laws also add a ‘modernist’ twist to that logic – rather than repealing that logic altogether, modernist views on ‘rights’ and the advancement of medical knowledge and technology have influenced the priorities of Muslim jurists and lawmakers as far as abortion and the issues associated with it are concerned. This influence has furthermore been possible by a conscious selection and blending of pre-modern views to serve modern concerns. In all this, however, harm aversion remains the centrifugal principle, even when the abortion discourse in Muslim countries appears couched in the modernist discourse of rights.

The Method of the Holy Prophet in the Distribution of Lands and Estates: Discussions and Modern Applications from Books of Amwal

This study aims at analyzing those instances and traditions of the holy prophet (PBUH) which have been narrated in these books written on financial matters and which are not found in other books. Also, this study will help to devise such policies in light of these financial traditions which will be an addition to the subject and feeble economies of the contemporary world. As well, this study will elaborate on how many narrations are there in the books of Amwal in the early centuries, from which jurisprudential rulings are derived, and how can the economic system be improved by applying them to contemporary states and financial affairs? Also reviewing the historical evolution of books of Amwal and determining their types and constitutional requirements, proving the Sirah of the Holy Prophet (PBUH) as a source of legislation in financial laws and presenting the precedent from these books, as well as formulation and expansion of financial laws of modern Islamic states. Thus the main purpose of research is to find parables and arguments from the books of Amwal.

HARMONIZATION OF UKRAINIAN AND EUROPEAN UNION LEGISLATION ON THE PROTECTION OF THE RIGHTS TO GEOGRAPHICAL INDICATIONS: BACKGROUND, SITUATION AND PROSPECTS

The article is devoted to the issue of harmonization of the legislation of Ukraine and the European Union on geographical indications. The study of the influence of the European experience in the field of protection of geographical indications is explained by the systemic reform of this institution in Ukraine. The protection of geographical indications is becoming increasingly important in the context of a gradual increase in trade between Ukraine and the European Union. Based on the analysis of the correlation of the EU law with the legislation of its member-states in the field of protection of geographical indications, a forecast of the development of this legal field in Ukraine is provided and the current tasks related to its revision and development are determined. The system of protection of geographical indications of the European Union is constantly adapted to the needs of the market. Current trends in its development include the gradual merging of the sovereignty of member states in the field of intellectual property protection, which in the long run may lead to the disappearance of relevant areas of national legislation of individual countries. Therefore, Ukraine must adapt to this trend as soon as possible at the legislative level. The ratio of sources of national legislation of Ukraine and acts of the European Union indicates that the latter significantly affect the development and functioning of the relevant legal field of Ukraine. Firstly, the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, is an element of the national legal system and can be directly applied to the relevant legal relationship. Secondly, the acts of the European Union on the protection of geographical values determine the directions and parameters of the development of national legislation of Ukraine in the relevant field. In particular, the harmonization of the legislation of Ukraine to the European Union standards on geographical indications has led to amendments to the Civil Code, Economic Code and the adoption of a new version of the law “On legal protection of geographical indications”.

The Role of Financial Services Authority and Legal Protection of Debtor in Financial Technology (Fintech) Based Lending Agreements

The main issue discussed in this study are regarding the implementation of financial technology (Fintech) -based lending agreements which regulated in Indonesian positive law and also barrier on legal protection in implementing technology(Fintech) based lending agreements. This study applied a normative research method which collected primary legal sources of legislation and secondary legal sources of books, journals, and other articles related to this study. The implementation of financial technology (Fintech) based lending agreements is regulated in positive Indonesian law which is Financial Services Authority Regulation Number 77 / POJK.01/2016 concerning Information Technology-Based Lending Services. Meanwhile, legal protection in the implementation of technology(Fintech) based lending agreements occurs when the debtor defaults and the creditor commits an unlawful act, both of which occur due to a lack of legal protection arrangements in the Financial Services Authority Regulation.

POJEDINA PITANJA OPRAVDANOSTI IZMENA KRIVIČNOG PROCESNOG ZAKONODAVSTVA REPUBLIKE SRBIJE 2011. GODINE

The issue of the development of criminal procedural law is an extremely broad and complex consideration, one that is difficult to cover in one study. In this paper, the author will deal with the development of criminal procedural legislation of the Republic of Serbia by 2011 in the first part. The current Criminal Procedure Code, with its most recent amendments from 2019, is still based precisely on the mentioned Code. The systematic presentation of the development of criminal procedural legislation in the Republic of Serbia has been burdened with both numerous changes in legislative sources and changes in the broader social context. The issue of state frameworks and the validity of the law, therefore, often requires a review of the broader territorial framework and an understanding of this social dynamic. If one considers the period of formation of the Kingdom of Serbs Croats and Slovenes in 1918, the basic feature of criminal procedural law implied the particular interests of individual states and separate procedural arrangements. Following the above, which is in a way an introductory part, the paper will address the most important changes to the current Criminal Procedure Code in relation to the 2011 Criminal Procedure Code. After the Criminal Procedure Code of 2001 was repealed, the new Criminal Procedure Code of 2011 came into force, which regulates several issues in a whole new way. Finally, special attention will be paid to the inconsistency of the Criminal Procedure Code of 2011 with the Constitution of the Republic of Serbia.

Taha Cabir Alwani’nin Fiqh al-Aqalliyyāt Konseptinin Kritik Analizi

The issues concerning the legality of residing in non-Muslim territories have direct and indirect ramifications for many Muslims who live in non-Muslim countries including American Muslims. The term non-Muslim country refers to places where Islam is neither the dominant religion nor the determiner of the legal system or the political power. The applicability of Islamic law in non-Muslim countries, the territoriality of Islamic law, the obligations of Muslim residents in non-Muslim societies, and the obedience to non-Muslim territories’ laws can be regarded as the dimensions related to the status of Muslim minorities. All of these are evaluated to provide detailed legal opinions and interpretations that govern the conduct of Muslim minorities. From the twentieth century onward, the incremental appearance of Muslims in the non-Muslim environments, particularly in Europe and North America, reinvigorated the discussion and evaluation of issues related to Muslim minorities. Within the North American and European contexts, many Muslim scholars have intended to provide practicable and applicable Islamic legal opinions (fatwās) to exigencies and problems that Muslim residents encounter in these continents. In this regard, the primary religious question that American and European Muslims face is conceivable whether they can live their lives pursuant to relevant Islamic legal provisions in these continents. Potential answers to this question presumably result in Muslim scholars, notably American and European ones, in germinating the concept of Islamic jurisprudence of Muslim minorities (fiqh al-aqalliyyāt). It is therefore possible to assert that the concept of fiqh al-aqalliyyāt is a response of Muslim scholars to the immigration flow of Muslims to the West. The scholars have started to pay more attention to the problems of Muslim minorities and Taha Jabir al-Alwani obtained reputation among them regarding his fiqh al-aqalliyyāt concept. Taha Alwani became well cognisant of the current divergence between the modern world and the traditional representation of Islamic law in the United States. Alwani’s fiqh al-aqalliyyāt concept can be identified as to envisage an integrative method in which scientific discoveries, technological developments, economic systems, and social transformations are addressed through adopting an originative approach towards fiqh. He calls for a collective ijtihād in formulating new Islamic legal opinions and invites experts from various fields of social, physical, medical, and technological sciences to reach his purpose. Alwani’s method, therefore, takes into consideration present challenges, exigencies, and constraints that Muslim minorities encounter. The article specifically focuses upon Alwani’s life and his concept of fiqh al-aqalliyyāt intending to provide insight into his contributions to Islamic law in the twentieth century. In the first instance, his biography is succinctly presented to demonstrate how the turning points in his life exerted influences upon his concept of fiqh al-aqalliyyāt. In the second instance, attention turns to his theory and opinions regarding the concept of fiqh al-aqalliyyāt. Some of his Islamic legal opinions that address controversial issues are engaged and analysed with the intention of evidencing how Alwani operated the concept of fiqh al-aqalliyyāt in solving problems that arise from the minority status of Muslims. His opinions related to the depiction of the Prophet’s picture on the United States Supreme Court’s wall and the prescribed punishment for apostasy provide insight into the concept of fiqh al-aqalliyyāt. By applying descriptive, analytical, and critical content analysis methods, the article sheds light on his evaluation of the sunna as a source of legislation and clarifies the place of sunna in his methodology. The article aims to examine the questionable status of sunna in Alwani’s fiqh al-aqalliyyāt concept with his own interpretations.

Overview of doctrinal and legislative sources on the interpretation of the concept of “bullying”

The relevance of the study is stipulated by the necessity of scientific knowledge at the level of general and theoretical legal science of bullying to increase the effectiveness of counteraction to this negative phenomenon, the separation from other forms of violent behavior. There are two groups of sources covering the understanding of bullying: 1) research in the field of sociology, pedagogy and psychology (is a larger group) 2) research in the field of law (related to the adoption of legislation providing for liability for bullying and based on its legislative definition analysis, which determines the coverage primarily of the administrative and legal aspect of these studies). The first group of sources, based on the peculiarities of understanding bullying, is divided into three subgroups: papers in which bullying is understood as an external social influence, a phenomenon having negative consequences and existing within a particular social group; papers in which bullying is perceived mainly through the emphasis on aggressive behavior, interpreting it as mockery, harassment, violence; papers in which bullying is understood as the interaction of social actors, which has a conflicting nature due to the lack of communication skills. The second group of sources is divided into two subgroups: scientific publications, analyzing the features of bullying, the national courts’ practice concerning interpretation of bullying through the application of Art. 173-4 of the Code of Ukraine on Administrative Offenses; papers in which the correlation of bullying with other forms of violent behavior is the subject of knowledge, and its features are determined. It is summarized that there is no single approach to understanding bullying in the domestic scientific literature. Analysis of sources, the subject of knowledge of which is bullying, allows us to distinguish its broad and narrow understanding. The latter is reduced to a legislative definition and is inherent mainly in research within legal science. A broad interpretation of bullying, including not only the features defined in the law, but also others, in particular, the negative nature of the consequences, disruption of group communication,interpersonal conflict, which is characterized mainly by psychological, pedagogical and social research of bullying.

Everyday Life of Population of Siberian Province in Context of Peter’s I Reforms in First Quarter of 18<sup>th</sup> Century

The article is devoted to the study of the evolution of the culture of everyday life of the Siberian province population in the first quarter of the 18th century, the characteristics of the development of traditional forms of material culture of Siberians, and new features of everyday life that arose under the influence of the implementation of Peter's reforms on the territory of Western Siberia. Changes in the material culture, leisure and life of the population of the Siberian province in the first quarter of the 18th century are considered, the traditions of building houses, making clothes, the level of medical care and health care, leisure activities of the population of Western Siberia in the first quarter of the 18th century are described. The study was carried out on the basis of an analysis of the complex of legislative and office-work sources of the State Archives in Tobolsk. Among them, an important place is occupied by decrees regulating the organization of medical care for the population, documents reflecting the actions of local authorities in relation to the occupation of Swedish prisoners of war in Tobolsk by distilling. The authors of the article show that Peter's modernization processes in the field of culture, customs and everyday life had little effect on the traditions of building houses, making clothes, and everyday activities of the majority of the peasant population of the Siberian province and local non-Russian peoples. It is concluded that the main changes affecting the area of everyday culture are associated with the implementation of the military and administrative reforms of Peter I, the appearance of captured Swedes on the territory of the province, the implementation of the provincial reform, a change in the local administration system, the emergence of medical professional personnel and health care institutions.