Man-made Law Research Articles

LAND GOVERNANCE; FACTS AND EFFECTS. CASE OF THE CITY OF TAHER (WILAYA OF JIJEL IN EASTERN ALGERIA)

All religious laws and man-made laws call for the preservation and sustainability of natural resources, including land as an irreplaceable element.Compliance of land use with the guidelines of development and town planning instruments is a basic principle in land use. This rule of good governance leads to the protection of the environment, natural resources and the preservation of the natural, cultural and socio-economic heritage marking a given territory. Aware of this reality, the Algerian state anticipated this problem early on through the promulgation of laws and regulations governing territorial management, the occupation of urban land and the protection of the environment within the framework of sustainable development.However, the divide between land allocations and its use on the scale of certain urban areas on the eastern outskirts of the city of Jijel gives food for thought on the reliability and feasibility of urban planning instruments in the control of land management. . This deficiency is manifested by the disorderly extension of the built environment, the consumption of natural, forest and agricultural space. This trend, accompanied by the increase in population, generates increasing needs for equipment and amenities and difficulties in the management of all types of waste produced.Taking the case of the city of Taher as a study framework, the decadence of heritage wealth (social way of life, agricultural activities, low population and construction density, hygiene and environmental balance) can increase on board be noticed in view of the areas withdrawn annually from natural landscapes and agriculture. In order to control urbanization and meet the needs for individual housing, the municipality of Taher has planned several subdivisions in accordance with the town planning plan. Despite the fact that the majority of designated land bases are of a public legal nature, these operations for individual residential use have been abandoned under the effect of constraints and disputes. As a result, the land areas in question are invaded by constructions which do not necessarily meet town planning standards and land use rules.

Антиномічна природа штучного права

Circumstances of earthly life, various vital factors that took place in society, the national state, and interstate relations require specific regulation. The creative atmosphere of a person generates a powerful set of laws. Their number is constantly growing, which requires constant attention to quality, as insoluble, insurmountable contradictions appear. Knowing these contradictions is inextricably linked with doubts. A person does not directly confront the reality of life. Her mind cannot go beyond synergistic, invisible narratives. Therefore, she is forced to create norms and laws for every case of life (this is such an effort). Of course, all regulations begin with customs and moral traditions. These man-made norms also form the basis of man-made laws, which should ensure good relations between people, with the state, between states, etc. But we know that good can be normative and non-normative. It depends on the current morality and laws. The quality of morality and the quality of laws contribute to normative or non-normative good. What causes this phenomenon? Undoubtedly, the reason lies in the legitimate antinomian nature of artificial law. Artificial law arises from artificial morality, from artificial ideology, politics, etc. It should be noted that the cited architectural factors of artificial law are sources of contradictory thinking in rulemaking: ontological thinking cannot accept the leap-like, inconsistent, mostly contradictory logic of deontological legal thinking. That is why it is impossible for a person to combine all deontological laws into a single artificial law due to the essence of the agreement between them. A problem arises: how to combine existing antinomies with the creation of a state. Society has its antinomies of morality, and the state also has some artificial ones – newly introduced moral norms, customs, traditions. And it is impossible to reduce these norms into one artificial law – the natural laws of conservation of energy and momentum will not work, legal reflection will not work, etc. That is, mandatory synergistic law has No. place for artificial, positive law due to the presence of various kinds of antinomies. There are few ways out of this state, but one of them is the observance of ontological morality by the state; implementation of ontological, legal ideology and ontological legal policy. Ontological morality is consistent with natural and supernatural law. This is their visible part. If there are No. antinomies in natural and supernatural law, then they are also absent in ontological morality, since it is called virtue. It is necessary to find out what place virtue occupies in positive law, which is the most antinomian in nature.

Az ellenállási jog értelmezése és gyakorlata a Vetus Testamentumban és a Novum Testamentumban

This study shows that the right to resist tyranny has deep biblical roots. It derives directly from the biblical principle of the primacy and supremacy of divine and natural law, reflecting universal divine eternal order and justice. From the fact that even public authority is subject to these laws and that, in the event of a conflict with such laws, man-made laws and authority cannot claim obedience. In this case, resistance to them is not only a right but also a conscientious duty. This paper provides a broad outline of the biblical principles that underpin resistance to tyranny. It then describes some of the cases of resistance in the books of the Old and New Testaments which, among many others, have been recurring in the works of the leading authors on the right of resistance throughout European history.

Computer, Computer Science, and Computational Thinking: Relationship between the Three Concepts

Digital computers were invented in the 1940s. They are sophisticated and versatile machines whose functioning is grounded in elaborate theory. Advances in theory and the availability of computers helped computer science to develop as an academic discipline, and university departments for the same started coming up in the 1960s. Computer science covers all phenomenon related to computers and consists primarily of man-made laws governing building, programming, and using computers. Computational thinking is a way of thinking influenced by computers and computer science. There are two schools of thought on computational thinking. The first school sees computational thinking as the use of computers to explore the world, while the other sees computational thinking as the application of concepts from computer science to solve real-world problems. Scholars typically agree that computational thinking has four essential components, viz., abstraction, decomposition, algorithm design, and generalization. Computational thinking is often feted by computer scientists as a useful skill that can be used by anybody anywhere. However, it is necessary to find out ways for successfully using computational thinking in domains other than computer science before it can be declared a universal skill.

“Word”, “Honour” , and Forced Marriages: Depiction of Matrimonial Custom of Pakistani Tribals in Bapsi Sidhwa’s The Bride

This discussion aims to investigate how tribal woman is maltreated in the name of “word” and “honour” depicted in Bapsi Sidhwa’s The Bride. It explains how the words, “word” and “honour” are given connotation to exploit the freedom and the basic rights of women in tribal areas of Pakistan. Further, the objective of this study is to highlight the peculiar traditional customs rampant in the tribal areas of Pakistan which results in early marriages, child marriages, as well as forced marriages. Living under patriarchal norms the tribal woman is leading a lifeof slavery. Either a tribal woman is forced to marry a person who is three times older than sheor even sometimes she is forced to marry a person who has not yet reached the age of puberty. Majority of the tribal women accept their lot stoically but those who nourish the feelings of rebellion in their minds, they face gruesome consequences. The tribal don’t follow the constitution of the country, rather, they follow the man-made laws devised by their elders. In order to strengthen the discussion, on the one side, the textual fabrics of the novel will be untangled, on the other hand, the views of those researchers will be considered into account who have carried out their research on the tribal matrimonial traditions.

Comparison Between Islamic Criminal Law and Man-Made Law

Comparison Between Islamic Criminal Law and Man-Made Law

Aborting a deformed fetus, a comparative study in Islamic Jurisprudence and man-made laws

The development of science has led to the advancement of means of detecting the condition of the fetus while it is in its mother’s womb, and in some cases it is proven to the doctor that the fetus has a congenital defect and malformations, and that it will be born deformed and if it is born and lived it will be a burden on its parents, family and society in general, in addition to the pain he suffers Pains throughout his life. This resulted in a discrepancy in both Islamic jurisprudence, As well as positive laws when it comes to a fetus may be born deformed.

Translating the Law in the Inns of Court Play Gismond of Salerne (1566–68)

Abstract: Gismond of Salerne (1566–68) was a dramatic adaptation of Giovanni Boccaccio’s Tancredi and Ghismunda novella produced at the Inner Temple. Positing that the legal background of the authors was reflected in their reception of Boccaccio, this essay investigates the representation and use of various significations of the law in the play. It argues that the Inns authors were receptive to the presence of the Natural Law concept in the background of Boccaccio’s novella and that they intensified its role in the play, emphasizing its conflict with man-made law. The latter is also investigated in its own right, showing its impact on a thematic, rhetorical, and dramaturgical level. Further, the Inns writers’ political interests as members of a community revolving around common law explain why the play idealizes and justifies specific legal notions and practices.

The Struggle of a Prostitution Girl in Kishwar Naheed’s Poetry, We Sinful Women: Feminism Issues

In this research, the researcher decides to analyze feminism in Kishwar Naheed’s selected poems which have the same theme of caste inequality between women and men. This research method makes use of qualitative data analysis. Qualitative research looks for reasons and explanations rather than simply describing the research method and summarizing its findings. James (1998:576) says that feminism is based on the idea that women are disadvantaged or oppressed compared to men and that their oppression is in some way illegitimate or unjustified. Kishwar Naheed disagrees with the idea that all women are sinful and are viewed as objects and properties that can be abused by man-made laws of intensity and equity. According to some interpretations, the poem "We Sinful Women" defies time, form, and the nation-state. Many different interpretations of her poems exist, some of which I have presented here. The topics covered in the course emphasize the significance of women's agency as writers, as female protagonists, and in transgressive literature—literature that is regarded as "dangerous" in their own society. In her poems, women try to break the rules and free themselves from their chains by becoming their own liberators. Women breaking through barriers of marginality and achieving previously unimaginable heights

Flexible Working Arrangements (FWAs) in Malaysia: The Missing Component of the Right to Disconnect

Flexible Working Arrangements (FWAs), particularly working from home, are important to maintain a better work-life balance. The government of Malaysia has recently amended the Employment Act 1955 (Act 266) by incorporating the right of the employees to request for FWAs. However, the authors submit that the policymakers should have incorporated the right to disconnect (RTD) in the recent amendment. Thus, it is the objective of this article to explore the provisions of RTD as recently accepted in France and a few European Union (EU) countries; and the possibility of introducing the RTD into Malaysian legislation. In accomplishing the aim of this article, a doctrinal legal research methodology is deployed. It is submitted here that despite incorporating the FWAs in the Employment Act 1955, the policymakers should have embedded RTD as well. Otherwise, the employees’ work-life balance is at stake. It is concluded that man-made law is not sacrosanct. It must be modified over time to suit the changes in society. The findings will help in advancing the existing body of knowledge and give some ideas to the policymakers, especially the officers at the Ministry of Human Resources and the trade union officials.

The Conceptualization of Legal Harmonization Approach in Malaysia

The term "harmonization," derived from "harmony," encompasses various meanings. In the context of this discussion, it refers to the willingness and openness to recognize, acknowledge, adopt, or accept elements produced by man-made laws, modern secular traditions, customs, cultures, and institutions that are perceived to align with or not contradict the worldview, principles, values, teachings, and norms of Islam. Therefore, the conceptual approach to harmonizing legal knowledge and education is a process of actualizing divine imperatives within the legal sphere. Legal harmonization is a fundamental concept in comparative law that has gained prominence on both international and national agendas over the past decade. In Malaysia, numerous efforts have been made to identify similarities among legal rules across different jurisdictions; however, these efforts have faced challenges due to a lack of comprehensive understanding regarding the nature and scope of harmonization. This article examines various dimensions of harmonization, treating it as a legal phenomenon rather than merely a process of drafting similar rules. A thorough understanding of harmonization as a legal phenomenon can enhance the evaluation of implementation processes and inform the formulation of new legal initiatives.

Fundamentalist Approach of Allama Al-Zalami in his Book Usul Al-Fiqh in its New Texture

The book Usul al-Fiqh in its new texture by the scholar Professor Dr. Mustafa Al-Zalmi was of great importance in the field of jurisprudence, and it was necessary to shed light on the consideration held by Dr. Al-Zalmi that he (with his book Usul al-Fiqh in its new texture), and how he tried to collect all this scientific material in a systematic book Like this, he combines the science of interpretation, hadith, the principles of jurisprudence, the science of jurisprudence, and the logic of the jurists in the deduction , in addition to the broad comparison between the provisions of Islamic jurisprudence and positive law in most of the sections of this book, the research aims to study the fundamentalist approach of the scholar Al-Zalmi in his book Usul al-Fiqh in its new texture. The paper was divided into an introduction, three topics, a conclusion, sources, and references. The title of the first topic was the biographical and scientific biography of Dr. Mustafa Al-Zalmi and his book Usul al-Fiqh in its new texture. As for the second requirement, it was the jurisprudential and fundamentalist arrangement of the rule of transformation of the contract and its connection with the rule of the works of speech is more important than neglecting it. Their methods of deduction and weighting. The second topic, the title was: Fundamental additions to Dr. Al-Zalmi, and it contained nine axes, all of which are found in his fundamentalist writings. Al-Zalmi had several fundamentalist, jurisprudential, and legal proposals for the development of the scientific, practical, and educational process in the field of jurisprudence and principles and comparative studies between Islamic jurisprudence and man-made laws. Fundamentally, which makes it categorically acknowledges that these rules are the reference and the Islamic law and its multiple sources, reinforced by examples of comparative legitimacy and legal.

The Politics of Islam: The Muslim Brothers and the State in the Arab Gulf

The Politics of Islam: The Muslim Brothers and the State in the Arab Gulf

When the East Meets the West: Analysing Rached Ghannouci’s Synthesis of Democracy in Islam

Democracy is being pushed aggressively on a global scale as the best and final form of government without even an alternative offered to the opposing views by the champions of the system in the 21st century. The main arguments presented by the apologies of democracy is its feasibility of providing and guaranteeing freedom of speech, liberty of choosing a leadership, accountability and transparency. However, this view is being perceived with cynicism in other parts of the world particularly the Islamic world where the absolute sovereignty and laws are referred to from a divine source. Most of the contemporary Islamic scholars are not against democracy except where its principles such as man-made laws are regarded as supreme over the Shari’ah law. But, Rached Ghannouchi, a Tunisian activist and a political leader believed that there is a perfect way to synthesise between the Western liberal democracy and Islamic governance through the side line of political Islam and the full Islamisation of democracy in practice. Ghannouchi’s combination of ideology, philosophy and activism earned him a status of an Islamic democratic philosopher in the 21st century. This study critically examined the efforts made by Ghannouchi in Islamizing democracy using a rhetorical analytical approach of linking and comparing the early Islamic philosophy on democracy and Ghannouchi’s ideas to arrive at a position of policy implication for democratic governance in the Muslim world.

Provisions of Disciplinary Sanctions in Islamic Jurisprudence

We note the large spread of cases of administrative corruption, bribery and nepotism among workers in different sectors, and that holding workers accountable and following them up, makes them keen to make effort and take responsibility, and maintain the principles of functional behavior that they have pledged, and in the event of transgression and violation of these principles, disciplinary penalties and deterrent penalties approved by Islam is a protection for public money and to prevent fraud and the spread of corruption, in order to achieve justice and safety in the Muslim community. The problem of the research lies in the large spread of administrative corruption in Muslim societies, despite the application of man-made laws, and the laxity of workers in committing violations in the absence of a deterrent penal system, so this research was to answer the following questions: On the workers, and what are the legal evidences on their application, and what are the legitimate purposes of applying disciplinary sanctions. The aim of the research: The research aims to highlight the most important disciplinary provisions in Islamic jurisprudence, and to clarify the sayings of jurists in them and the relationship of these provisions with legitimate purposes, and the impact of the application of these provisions on community development. The importance of the research: The research is concerned with highlighting the relationship between the application of disciplinary provisions to workers and community development, and clarifying the areas of application of jurisprudence rules in disciplinary sanctions and their role in spreading safety and eliminating administrative corruption. Research Methodology: I used the inductive method in the research in addition to the descriptive analytical method in viewing and summarizing, Including: the necessity of applying Sharia disciplinary provisions, preventing the appointment of abnormal groups in Muslim societies, working to achieve justice and spreading safety to achieve development in society, observing sincerity and honesty in following up on workers, looking into the grievances of workers and dealers to prevent harm to others, employing modern technologies and the virtual world in Deter the excesses of workers and administrators alike The research concluded with a list of sources and references. Keywords: disciplinary, provisions, legitimacy, rules, jurisprudence, purposes, corruption, development.

The effect of the legal referendum on the adaptation of the civil case

The legal referendum in the religion of God Almighty has a high status and his family have assumed the position of the heirs of the prophets in the nation, and the legal referendum is news of the legal ruling coupled with evidence by the mufti of a specific fact or issue, and that the legal ruling that is the result of a legal referendum differs from man-made laws in its source and extent. The judge’s obligation to implement them, for the judge is initially obligated to implement the laws set by the legislator, but the legislator obliged him to resort to a legal referendum in some personal status issues that the legislator did not address and left them to the principles of Islamic law that are more appropriate to the Iraqi personal status law. Thus, the judge’s authority is not absolute in resorting to To the legal referendum, but only by way of gradualness. Thus, the legal referendum has an impact on the adaptation of the civil case. This seems clear by referring to the decisions of the Federal Court of Cassation, as the judiciary of this court has established that the judge must resort to the legal referendum in issues that have no text in the Iraqi Personal Status Law.

الفكر الاسلامي وأثره في التنشئة الحضارية السليمة دراسة مقاصدية

The sound civilizational construction according to the perspective of Islamic Sharia is based on solid foundations and solid ingredients that must be met. They serve as real guarantees to consolidate the concept of sound civilizational construction, which all societies, with their different beliefs and systems, aspire to achieve. And Muslims have been endowed by God with this glorious Sharia, which, with its solid foundations and sound rules, transcends all other divine and man-made laws. In order to shed light on this vital topic, the two researchers decided to develop a plan to study this topic and as follows: The first topic: the foundations of a sound civilizational construction according to the perspective of Islamic law, and the second topic: the elements of a sound civilizational building in Islamic jurisprudence.

HUMAN RIGHTS AS TAUGHT BY THE QUR’AN, SUNNAH OF THE PROPHET (SAW), AND HIS RIGHTLY GUIDED CALIPHS

The paper examines the human rights taught by the prophet Sallallahu Alaihi wa Sallam (SAW) and his rightly guided caliphs. The rights in Islam are all provided by Allah, the lawgiver, that is to say, a divine revelation (Qur’an) regulates and specifies the human rights and the explanation of His prophet (SAW), otherwise called Sunnah. Therefore, Qur’an and Sunnah are vital sources of information on human rights in Islam. Similarly, the paper investigates the theoretical concepts, the origin of the human species; it also considers the difference between human beings and other creatures. Before Islam, the period was also cognizance of how human beings’ rights were respected in our contemporary era. Therefore, the relevance of rights from an Islamic point of view and western understanding is known as (Man-made Law), which only considers the rights of individuals and means the struggle. Therefore, the Islamic religion aims to have a peaceful society that provides these rights classes to people, thereby granting them religious, social, and moral satisfaction.

Antigone – A Clashing of the Stereotypical and the Archetypal

The paper engages with Antigone’s steadfast resistance to and ultimate rejection of the female, Ismene-like stereotype into which she refuses to be typecast by the socially prescribed and patriarchy-tailored norms of gender essentialism. Guided by the natural and eternal laws as defined by Thomas Aquinas, Sophocles’ heroine stands up against the society’s distortion and violation of the universal, unwritten laws (natural, eternal, archetypal laws). Relying on the Jungian insightful archetypal criticism, I approach Antigone as the archetypal Earth Mother in its dual nature (the loving, self-sacrificing mother as well as the destructive, vengeful mother) in order to better understand the heroine’s brave act and its aftermath. In this way, the paper demonstrates the uninhibitedly consistent female challenge and critical choice to stereotypical gender ideologies of the Sophoclean time, proving that the archetypal dimension is always already more powerful than any of the man-made laws. Keywords: stereotypical, archetype, Earth Mother, free will, human/divine

Causes, Effects and Prevention of Global Financial Crisis in Viewpoint of Islam

Global financial crisis is not a new phenomenon. The world has witnessed financial crisis since many centuries. The repetition of global financial crisis reveals that global financial setup is not stable thus, prone to frequent financial crisis. However, zero interest rate policy has been launched by developed countries in order to offset the effects of global financial crisis but to date the issue of financial and monetary instability has not been overcome. Interest rate as the main component of financial setup has adversely affected the permanent solution to global financial crisis. The study is undertaken to analyze the effect of interest rate (riba) in propagation of global financial crisis and to analyze the alternate financial mechanism to prevent global financial and economic crisis on permanent basis. However, the qualitative research methodology is pursued to build a conceptual framework by applying inductive paradigm to address the issue of understanding the rationale behind the prohibition of interest based financial paradigm particularly regarding Islamic perspective. The expected outcome suggests that man-made laws in order to subside divine laws in financial paradigm have given rise to financial, ethical and economic crisis. Global financial crisis is the outcome of easy access to credit, abundance of loans upon interest, speculation, greed as well as corruptive motives to exploit each other