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result(s) for
"Judicial process (Islamic law)"
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Egypt after Mubarak
Which way will Egypt go now that Husni Mubarak's authoritarian regime has been swept from power? Will it become an Islamic theocracy similar to Iran? Will it embrace Western-style liberalism and democracy?Egypt after Mubarakreveals that Egypt's secularists and Islamists may yet navigate a middle path that results in a uniquely Islamic form of liberalism and, perhaps, democracy. Bruce Rutherford draws on in-depth interviews with Egyptian judges, lawyers, Islamic activists, politicians, and businesspeople. He utilizes major court rulings, political documents of the Muslim Brotherhood, and the writings of Egypt's leading contemporary Islamic thinkers. Rutherford demonstrates that, in post-Mubarak Egypt, progress toward liberalism and democracy is likely to be slow.
Essential reading on a subject of global importance, this edition includes a new introduction by Rutherford that takes stock of the Arab Spring and the Muslim Brotherhood's victories in the 2011-2012 elections.
eBook
Judicial Review of Mufti Decisions Applying Islamic Family Law in Greece
Greece is a unique example of a country member of the Council of Europe that allows for the application of Sharia law by the Mufti on a select part of its citizenry: the members of the Muslim minority in Western Thrace (situated in NE Greece). However, to produce their effects, Mufti decisions need to undergo review and to be declared enforceable by the civil court. The aim of this article is to explore the relevant legal framework arranged in law 4964/2022 and presidential decree 52/2019, whereby the details of such a judicial review are set out. In particular, this article considers the prerequisite of the exequatur to religious adjudication, and then, it goes through all of the levels over which the said review extends, bringing progressively into focus the review of the scope of jurisdiction, the review of compatibility with the Constitution and the European Convention of Human Rights, and the review of some additional issues raised specifically by presidential decree 52/2019 over and above the points just mentioned. A final remark follows in connection with possible errors committed in religious adjudication—errors of law or fact—which remain beyond the reach of the review.
Journal Article
Transsexuality in Contemporary Iran: Legal and Social Misrecognition
Sex change surgery has been practised in Iran under Ayatollah Khomeini’s
fatwa
in 1982. Therefore, a medical and judicial process of transition has been regulated accordingly. However, this has not resulted in either the legalization of sex change surgery, nor in the recognition of transsexual identity within Iranian substantive law. Sex change surgery is allowed through Islamic law, rather than substantive law, in response to the existing social facts and norms, on the one hand, and structural cooperation with medical system, on the other. In this article, I argue that the Iranian heteronormative law’s understanding of transsexuality has amounted to the misrecognition of trans persons’ status within law and society. Using semi structured interviews, intersectional content analysis, and feminist methodologies, the findings indicate that transsexual bodies have gained meaning through religious and medical discourses within a framework of power relations, and that Iranian transsexual persons have reconstructed and redefined gender and gender relations in a way that informs their understanding of gender and sexuality beyond the existing Islamic legal and social norms. Moreover, intersectional analysis of the interviews demonstrates how the legal misrecognition of transsexuality creates space for a discourse which in itself leads to the misrecognition of other gendered identities, such as homosexuals and transwomen.
Journal Article
Meneroka Perspektif Islam Berhubung dengan Penahanan Reman dan Penambahbaikan Undang-Undang Tatacara Jenayah Syariah di Malaysia
Undang-undang jenayah Syariah yang bersumberkan daripada prinsip Islam bertujuan memastikan keadilan dan kesaksamaan dalam proses perundangan. Namun, ketiadaan peruntukan berkaitan penahanan reman bagi siasatan kesalahan jenayah syariah di Malaysia, menimbulkan cabaran yang signifikan dalam pentadbiran keadilan. Walaupun undang-undang Islam menekankan prinsip keadilan dan kesaksamaan ('adl), ketiadaan peruntukan undang-undang yang jelas berhubung dengan penahanan reman merumitkan proses siasatan, khususnya dalam keskes serius atau kompleks yang memerlukan lanjutan tempoh tahanan bagi mengumpul bukti yang mencukupi. Objektif kajian ini adalah untuk mengkaji asas jurispruden Islam berkaitan penahanan reman dengan menganalisis al-Quran, al-Sunnah, teks-teks klasik dan kontemporari berhubung dengan penahanan pesalah. Kajian ini juga menganalisis isu-isu yang timbul daripada ketiadaan peruntukan penahanan reman dalam kes jenayah Syariah di Malaysia. Selain itu, kajian ini bertujuan untuk mencadangkan penambahbaikan undang-undang berkaitan dengan penahanan reman. Kajian ini menggunakan pendekatan kualitatif dengan mendapatkan data melalui sumber primer dan sekunder. Data tersebut dianalisis menerusi kaedah analisis kandungan dan deduktif. Hasil kajian mendapati bahawa Islam membenarkan penahanan reman dengan menggariskan syarat dan garis panduan yang harus dipatuhi. Oleh itu, ketiadaan peruntukan jelas berkaitan penahanan reman dalam Enakmen Tatacara Jenayah Syariah di Malaysia menyebabkan kesukaran kepada pegawai penguatkuasa khususnya dalam kes jenayah yang sukar dan kompleks. Kajian ini mengesyorkan agar peruntukan penahanan reman dimasukkan ke dalam Enakmen Tatacara Jenayah Syariah di setiap negeri, bagi memperkasakan sistem perundangan syariah di Malaysia.
Journal Article
The principles governing the personal status of foreigners residing in Iran from the perspective of law
Affair problems with foreigners in the country, according to the authors own survey shows a lack of consistent practice Court with the author's comments, as well as global developments in this area, to examine the issue from a theoretical and practical layout and helpful as well. In this article, after the introduction, the first part under the laws, to review current regulations with records historic them. In the second part, the authors studied the doctrines and opinions. In parts of third place Law and private international foundations in Islam as New Law International expressed particular Islam. Examples of performance Court and advice office legal representative of the Iranian judicial procedure, the fourth paper forms. In the debate of comparative law solutions offered by law in France, Switzerland and Germany as well viewpoint of each was investigated. In the end, the conclusion is that according to law of Islamic Republic of Iran and global developments in determining of law governing personal status, it is necessary to interpret Article 7 of Civil law profound changes be made in accordance with the current situation in Iran and the world.
Journal Article
Litigation as dispute resolution mechanism in Islamic finance: Malaysian experience
Litigation as the popular mode of dispute resolution in Islamic finance has proven inadequate in its application and interpretation of Shariah. Trails of Islamic finance cases have shown that civil court judges have no problems deciding on the civil law issues pertaining to Islamic finance, however, they are unsuited for adjudicating the Shariah issues. Section 55–58 of the Central Bank Act 2009 accords formal recognition to the Shariah Advisory Council (SAC) as their rulings is binding to the Islamic financial institutions and the courts. Post 2009 have seen that cases of law challenged the said sections as unconstitutional. The objective of this paper is to analyse the role of SAC either as expert ascertain or expert determination of the rulings on Islamic finance. In the course of discussion, s. 55–58 of Central Bank of Malaysia Act 2009 and Article 121(1) of the Constitution are analysed. Findings of the study showed that the role of SAC is merely expert ascertain of the rulings since they have no judicial power. Islamic financial law is divine in nature and different from the man made laws.
Journal Article
Application of Virtual Reality (VR) and Augmented Reality (AR) in the Investigation and Trial of Herdsmen Terrorism in Nigeria
Complexity of crimes is growing daily. In Nigeria, new wave of offenders are killing citizens and breaking most parts of the criminal codes without an efficient system to bring them to justice. This wave is herdsmen terrorism and this paper discusses how apphcation of Virtual Reality (VR) and Augmented Reality (AR) will improve the Nigerian criminal justice system to accommodate the terror crimes and bring the offenders to justice. The research is underscored by the Malthusian Theory of population and data were secondarily sourced from newspaper publications, journal articles, textbooks, and technological blogs. The article recommends integration of VR and AR into the Nigerian criminal justice system and allocation of funds for training of agencies involved in the administration of justice in Nigeria.
Journal Article
Sharī‘ah court-annexed dispute resolution of three commonwealth countries – a literature review
Purpose
– The purpose of this study is to examine the legal framework for court-annexed dispute resolution in courts with Sharī‘ah jurisdiction in Nigeria, Malaysia and Singapore. The major part of the study is dedicated to propose reforms in the administration of justice system in the courts with Sharī‘ah jurisdiction in Nigeria and the relevance of such reforms to the ongoing reforms in the Middle East and North African (MENA) countries.
Design/methodology/approach
– This is an integrative literature review, which adopts a comparative approach in analyzing the conceptual framework of amicable dispute resolution in the modern world with particular reference to the Sharī‘ah court.
Findings
– The findings of this research illustrate the adaptability of the practices in Malaysia and Singapore in the courts with Sharī‘ah jurisdiction in Nigeria and the MENA region.
Practical implications
– An exposition of the dispute resolution processes in Islamic law reveals the relevance of these processes in modern reforms of the administration of justice system. The practical implications of this study include the streamlining of the rules and procedures of modern Sharī‘ah courts in post-revolution Arab countries to allow for court-annexed amicable (alternative) dispute resolution initiatives.
Originality/value
– As far as it is known, this is the first conceptual study on the court-annexed dispute resolution frameworks of Sharī‘ah courts in three commonwealth jurisdictions.
Journal Article
Towards a global hub
Purpose
– The paper aims to examine significant developments in the institutional framework for dispute resolution in the Islamic finance industry in Malaysia. Malaysia, as part of its efforts to consolidate its enviable Islamic finance industry, has strengthened its institutional framework for dispute resolution.
Design/methodology/approach
– Data for this study were collected from both primary and secondary legal sources. Through a conceptual legal analysis, the institutional frameworks of dispute resolution in the Malaysia’s Islamic finance industry are studied.
Findings
– The study finds that Malaysia is far ahead of other jurisdictions by a significant margin in spearheading reforms in the emerging global Islamic finance industry. The dispute resolution framework has been largely affected by the recent reforms.
Research limitations/implications
– Other jurisdictions may borrow a leaf from Malaysia’s initiative in providing a robust legal framework for dispute management in the Islamic finance industry.
Practical implications
– Apart from adopting Malaysia’s framework and possibly adapting it to suit their specific local variations, other jurisdictions may also encourage Islamic financial institutions to incorporate effective dispute resolution processes in Islamic finance contracts.
Originality value
– This study critically discussed most recent developments in the institutional framework on dispute resolution in the Islamic finance industry in Malaysia.
Journal Article