Results 1 to 10 of about 3,847,966 (343)
In this paper the author attempts to define the otherness of common law legal norm in relation to that of a civilian one, through the analysis of differences identified in their formation and language.
Šite Damir A.
doaj +1 more source
Extent of Governmental Decree Issuance: Comparative Analysis of Imam Khomeini and Shahid Sadr’s Opinions [PDF]
Governmental decree and the authority to issue it has long been the focus of attention of Shia jurists and scholars as reflected in their works. The power of Vali-e-Faqih (Guardian Jurist), as a fully qualified jurist, to issue governmental decree is ...
Majid Qurbanali Doolabi+1 more
doaj +1 more source
Getting to Know the Other: Niqab-Wearing Women in Liberal Democracies
Governments around the world have gone to great lengths to discourage and prohibit wearing of the niqab, often relying on the justification that this form of Muslim women’s dress represents and produces the oppression of women.
Natasha Bakht
doaj +1 more source
Civil law between law and precedent [PDF]
The most obvious difference between civil law and the common law system is that the civil law system is a codified system, followed by legislation covering this area, while common law is based mainly on case law.
Nikolova-Marković Aleksandra
doaj +1 more source
Study and analysis of the functions of al-Urf in understanding and inferring the religious rules [PDF]
Religious rules in Shiite jurisprudence are inferred from the four sources of the Qur'an, Sunnah, reason and consensus. But, in addition to these sources, some foundations such as common law (al-urf) are also mentioned.
Andalib Hossein+2 more
doaj +1 more source
Ending Exclusion from Refugee Protection and Advancing International Justice
In any utopic vision of the international refugee protection regime at least these two conditions ought to prevail: (1) all those who are genuinely in need of refugee protection will be granted international protection; (2) all those who are responsible ...
James C. Simeon, Joseph Rikhof
doaj +1 more source
Rampant unilateralism, insistence on national sovereignty, a wariness of multilateral institutions and third-party adjudication—for international trade lawyers, this is the stuff of nightmares.
Wolfgang Alschner
doaj +1 more source
Principles of Identifying the Cause of Events from the Perspective of Imamiyah Jurisprudence and English Law [PDF]
Islamic jurists, judges and legal scholars invoke their ‘common sense’ for identifying the cause of an event and according to them, they try to examine the event from the perspective of an ordinary human being and not a philosopher or a scientist ...
Seyed Mostafa Mohaghgegh Damad+1 more
doaj +1 more source
Health and human rights are inextricably linked in the COVID-19 response
To mitigate the spread of COVID-19, governments throughout the world have introduced emergency measures that constrain individual freedoms, social and economic rights and global solidarity.
Sharifah Sekalala+3 more
doaj +1 more source
In this paper, we examine the history of Article 24 of the United Nations Convention on the Rights of Persons with Disabilities and its implications for the equality rights of people with disabilities in education. We specifically consider leading recent
Ravi Malhotra, Robin F. Hansen
doaj +1 more source