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Abstract
Basātin al-ons (The Gardens of Fondness, 1325–26) is the sole surviving work of an erudite courtier named Akhsetān Dehlavi (1301–51), who spent most of his adult life in the service of the sultan Gheyās al-Din Toghloq (r. 1320–24) and his son Mohammad b. Toghloq Shāh (r. 1324–51). This work exemplifies one of the earliest efforts by an Indian writer to interweave history, autobiography, eulogy, and folklore in the Persian genre of stylized prose (nasr). Against this backdrop, my essay examines the preface of the Basātin al-ons to elucidate the factors that motivated Akhsetān Dehlavi to narrate a collection of Hindavi tales in Persian prose.
Abstract
There has been a growing trend in the use of alternative dispute resolution methods (“ADR”), particularly arbitration, on a global scale and Iran is no exception to this trend. In simple terms, arbitrability means that certain disputes may not be submitted to arbitration. Mirroring this concept, mediability refers to the capability of disputes to be resolved through mediation. The definition of arbitrability and mediability are subject to significant ambiguity, as there is currently no universally recognized and uniform standard for these concepts. In fact, national laws determine the definitions and concepts of arbitrability and mediability.
In order to gain a comprehensive understanding of the extent to which disputes are capable to be resolved through arbitration and mediation, it is necessary to initially examine the current legislative framework. The present article attempts to examine the arbitrability and mediability of disputes within the Iranian legal framework. In doing so, after recalling the background of ADR system in Iran in the first section, the second section will discuss the arbitrability with regard to arbitration-related laws. The third section will successively explore the arbitrability in Iranian legal jurisprudence, clarifying that while some disputes are not inherently non-arbitrable, there are certain limitations on their referral to arbitration. The fourth section will delve into the concept of mediability in Iran. Lastly, the fifth section will conclude the article by positioning the approach of the Iranian legal system towards arbitrability and mediability.
Abstract
This article investigates the contributions of Ottoman fatwā collections to inheritance law, focusing on the 16th-century chief muftīs’ fatāwā. It emphasizes the significance of fatawa in understanding Ottoman inheritance law and explores various aspects of the division of estate, highlighting the socio-legal dynamics and the use of fatawa by individuals seeking legal advice. Within this framework, it examines why individuals preferred obtaining fatawa from chief muftīs for the division of the estate over other options. The methodology of this study involved a comprehensive analysis of fatwā collections from 16th-century Ottoman chief muftīs, focusing on categorizing and interpreting these fatawa to understand their impact on inheritance law. The study reveals that economic considerations, complex family structures, mathematical issues in estate division, and specific legal situations significantly influenced individuals’ preference for seeking fatāwā. Through analyzing fatwā collections, the study uncovers economic motivations behind this preference, revealing how fatāwā offered a cost-effective solution for heirs, alongside addressing specific legal challenges like ‘awl and munāsakha.
Abstract
A set of rights and freedoms are protected by constitutions and interpreted by the competent judiciary. The increasing use of information and communication technologies (ICT s) creates new legal challenges to rights and their judicial interpretation. This article aims at analysing the prospects of the Palestinian Supreme Constitutional Court (SCC) concerning digital rights, while considering political and legal challenges. In doing so, it begins with a brief introduction to the concepts of digital right and digital constitutionalism. The article further describes the status of digital rights in Palestine and evaluates the role of the SCC in the adjudication of the constitutionality of the laws in relation to human rights protection on the internet. It finally offers proposals for understanding the necessity for constitutional protection of digital rights in Palestine through judicial review. It argues that the Palestine needs constitutional modernisation to address the legal implications of technologies on human rights.
Abstract
The monogamous and polygynous customary marriages of indigenous Black Africans have been fully legally recognised in South Africa since 1998. The outcome of a June 2022 apex Constitutional Court judgment will finally result in monogamous and polygynous Muslim marriages (nikāḥ) being fully legally recognized and regulated by the State by 2024. Since this recognition does not include the Islamic law of succession (which will not pass constitutional muster because of half-share to women), when Muslims die intestate, the secular law is expected to apply. The payment of mahr (dower) by the groom to the bride (an important ingredient of a nikāḥ contract) is therefore an important alternative tool for augmenting the inheritance of Muslim women during their lifetime. A novel fatwā issued by local Black African ulama in August 2022 brought to light several challenges faced by African Muslims regarding the relation of nikāḥ marriages to distinctive African traditional marriage practices like the lobolo (“bride price”) paid by the groom to the bride’s father. This paper examines the implications of mahr and lobolo on religious and customary marriages and the rights of local Black African Muslim women to inherit in terms of religion and custom.
Abstract
This paper tackles one example of interaction between state laws and social norms. It investigates the rationale behind the unprecedented legalization of bequeathing to heirs in Egypt that happened by the virtue of article 37 of law no. 71/1946. This article represents a legal rule that renegotiates a well settled matter in the Sunni jurisprudence based on an undefined common need that was alleged in the explanatory memorandum of this law. The paper investigates that common need through an originalist approach into the mentioned article then validates the output of that investigation by a review of relevant judicial rulings. As part of this originalist approach, the paper engages with the available data pertaining to the drafting process of law no. 71/1946, the key members in the drafting committee, and the parliamentary discussion on article 37 of the law. It also attempts a contextual reading for article 37 to understand its legal rationale and propose criteria for judicial enforcement that would maintain this rationale.
Abstract
With the in-depth implementation of the Chinese rural revitalization strategy, the integration of art and fashion elements has brought new vitality and development momentum to rural areas. Based on the theory of aesthetic needs and cultural empowerment and community participation, this paper proposes specific mechanisms about how to enhance environmental aesthetics, form cultural identity, and community participation and also how to increase tourism attraction through art fashion. This paper analyzes the main challenges encountered in the implementation of art fashion empowerment, including the unbalanced allocation of resources, the adaptability of cultural differences, the balance between sustainability and economic benefits, and the lack of education and training. Based on this, the paper puts forward an effective path to realize the rural action of art fashion empowerment, including the combination of comprehensive art and local characteristics, the support of policies and funds, the continuous promotion of community education and the innovation of cross-field cooperation. By integrating arts and local characteristics, strengthening policy and financial support, building education systems, and promoting cross-sectoral cooperation, we can inject lasting vitality into rural revitalization. This paper deeply analyzes the application of art fashion in rural areas and its positive impact, aiming at providing a new perspective and practical path for rural revitalization, making it an important force to promote the overall development of rural areas.
Abstract
I read Ibn Ṭufayl’s Ḥayy b. Yaqẓān, a sixth/twelfth-century philosophical narrative, through the lens of two critical terms in Arabic rhetoric: mathal and majāz, loosely equivalent to metaphor and figurative speech. Foregrounding the hermeneutic principles underlying the two concepts allows us to explore the affective and aesthetic means by which knowledge of the divine can be transmitted even through the material limitations of human language. They also provide the epistemological and rhetorical conditions for relating the sensible (maḥsūs) and intelligible (maʿqūl) worlds to each other through repeated crossings that connect divine truth (ḥaqq) with the material conditions of living. By his fractal-like deployment of mathal and majāz, Ibn Ṭufayl brings vividly to life a method of reading that enjoins us to interpret our material world in light of the wider cosmos in the same way that we encounter his text, preparing us to reach for an ever-receding gnosis.