Common law as something accepted by the rule of wisdom found in the very self of humans formed the earliest type of the legal systems of societies. In most of the legal systems of the world, common ...law is known as one of the most important resources and is of high significance. Most of the Islamic jurisprudents agree on the authority of common law as an independent or dependent reason or proof. In this regard, the jurisprudents have referred to reasons of the Book (Holy Quran), the Tradition (Sunna), and wisdom. Family laws are included as the most potential fields for the common law to play a significant role in updating the rules and placing them in the right path of recognizing the required components. Thus, by applying a descriptive-analytical method, the present study attempts at studying the function of common law in laws related to the family through investigating the nature, range of inclusion, and legitimacy of common law among the jurisprudents of different Islamic schools and sects as well as studying the opponents’ reasons for its documentary authority
Through a focused and systematic examination of late medieval scholastic writers - theologians, philosophers and jurists - Joseph Canning explores how ideas about power and legitimate authority were ...developed over the 'long fourteenth century'. The author provides a new model for understanding late medieval political thought, taking full account of the intensive engagement with political reality characteristic of writers in this period. He argues that they used Aristotelian and Augustinian ideas to develop radically new approaches to power and authority, especially in response to political and religious crises. The book examines the disputes between King Philip IV of France and Pope Boniface VIII and draws upon the writings of Dante Alighieri, Marsilius of Padua, William of Ockham, Bartolus, Baldus and John Wyclif to demonstrate the variety of forms of discourse used in the period. It focuses on the most fundamental problem in the history of political thought - where does legitimate authority lie?
The development of Islamic landscapes in Europe, is first and foremost related to Islamic authority. Religious authority relies on persuasiveness and deals with issues of truth, authenticity, ...legitimacy, trust, and ethics with reference to religious matters. This study argues that Islamic authority-making among European Muslims is a social and relational practice that is much broader and versatile than theological proficiency and personal status. It can also be conferred to objects, activities, and events. The book explores various ways in which Islamic authority is being constituted among Muslims in Western Europe with a particular focus on the role of ‘ordinary’ Muslims.
Global governance is an important and increasingly popular topic of inquiry. Nonetheless, existing research remains too statist, privileging states and limiting other forms of governance to the ...interstices of state power. Drawing on social contract theory, I offer an alternative approach that begins with the central role of authority in political life and develops a synthetic understanding of governance that applies equally to its myriad forms. I argue that we have, as a discipline, relied on a formal-legal conception of authority that is inappropriate to an international setting and has unduly limited enforcement to violence. I propose that global governance and its many forms can be understood and unified by a concept of relational authority, which treats authority as a social contract in which a governor provides a political order of value to a community in exchange for compliance by the governed with the rules necessary to produce that order. This conception of relational authority is followed by three illustrations of its central logic in (i) stateto-state hierarchy by the United States over Caribbean states, (ii) supranational authority by the World Trade Organization over member states, and (iii) private authority by credit rating agencies over corporations and sovereign borrowers. The conclusion outlines the research agenda that follows from this approach.
A feed-in tariff (FiT) framework has been implemented in Thailand since 2007 to encourage and stimulate the development of renewable energy. As a result, the capacity of solar photovoltaics (PVs) has ...increased significantly and has reached 1902MW. Nevertheless, the installation of PVs on rooftops in the residential sector accounts for only a minute percentage (0.003%) of the total capacity of installed PVs. In this paper, a feasibility analysis of grid-connected solar PV rooftops for households under the present feed-in tariff framework was performed. The results demonstrate that the current feed-in tariff is not sufficient to promote investment in PV rooftops in the residential sector under the current market situation. Moreover, in order to support the current framework, additional supportive measures including (1) an appropriate feed-in-tariff rate, (2) personal income tax exemptions, (3) carbon trading, and (4) low interest rate loans, were proposed, and their effects were evaluated. The low interest rate loan appears to be the best measure for promoting and stimulating investment in residential-scale PV rooftops without additional subsidy. The leverage effect of debt, with different debt portions, loan terms and interest rates, was investigated to suggest a suitable policy.
•Thailand's feed in tariff framework is not sufficient to promote residential PV rooftops.•The effects of proposed additional financially supportive measures are evaluated.•The low interest rate loan is suggested for promoting residential PV rooftops.•Appropriate loan conditions and fund raising mechanism are proposed.
Police rely on citizens to report crime and victimization. Yet for many people low levels of trust in police and concerns about unjust police treatment impact their willingness to engage proactively ...with police. For some, defying police authority is common. This can be particularly so for ethnic, racial, and religious minority groups. The personal and vicarious experiences these groups have with police play an important role in the legal socialization process, shaping how they perceive and behave toward police. As a religious minority group Muslims have experienced intense scrutiny from police. As such, the current study examines how and why Muslims defy police authority. Using survey data from 398 Australian Muslims, this study tests whether Muslims’ concerns about procedural justice and bounded‐authority violations (i.e., the belief that police overstep the boundaries of acceptable authority) have differential effects on two types of defiance: resistance and disengagement. Findings show that Muslims’ concerns about procedural justice are most important for understanding resistance, while disengagement is dominated by concerns about perceived boundary violations. Further, procedural justice moderates the association between bounded‐authority concerns and resistance, but not disengagement. The implications of these findings for the legal socialization process, theory, and police practice are discussed.
This study scrutinizes the status of the regulations enacted by the Nusantara Capital City Authority (IKN Authority) within the Indonesian legislative hierarchy, based on Law Number 3 of 2022, also ...known as the IKN Law. A normative research approach underpins this analysis, utilizing legislative and conceptual methodologies. The investigation concludes that the IKN Law’s Article 5 paragraph 6, was drafted to accommodate all regulations formulated by the IKN Authority. These regulations, born out of the authority's attribution, hold an equivalent standing to those issued by a minister, institution, or agency at the central level given that the IKN Authority is an institution at the ministerial level. Consequently, the formulation of these regulations adheres to the rules governing central-level regulations, with the Supreme Court conducting their review. The unique aspect is the subject matter, which relates to the governance structure of the IKN Authority. Moreover, the formulation of regulations by the IKN Authority should: 1) Define the IKN entity’s position as a unique regional government entity; 2) Outline the types of regulations to be enacted; 3) Clarify the source of authority, which is attribution-based; 4) Specify its position in the hierarchy, equivalent to Regional Regulations; 5) Detail the formulation process and treatment, aligning it with the creation of regional legal products; 6) Elucidate the subject matter of the Regulatory Authority; and 7) Highlight the review process, which can be escalated to the Supreme Court.
DSN-MUI fatwa is a reference for the sharia standardization in Islamic financial institutions. Fatwa not only refers to primary references (Quran and Sunnah) strengthened by jurisprudence, but also ...secondary references such as ulamas’ opinions. This study analyzes the fatwa used as a text-based religious authority by the fatwa institution. This is a literature review which qualitative data are from primary and secondary sources collected through documentation, by reading the fatwa on Islamic finance from 2000-2012. Meanwhile, secondary data are articles, books, or studies related to the authority of religious texts in the sharia economic law discovery and development. The content analysis method was applied. This study found that of the 122 fatwas compiled in the DSN-MUI fatwa book, there were 47 fatwas (38.5%), referring to the opinions of salaf and contemporary ulamas as the basis, or as arguments and legitimacy. Based on the findings and analysis, the religion’s legitimacy and authority are at least based on two main things, the agents forming authority and references forming authority. Issuance of fatwa in sharia economic development is an attempt to reproduce the text’s authority. This study affirms previous studies reinforcing MUI as the religious authority, particularly in sharia economics.Fatwa DSN-MUI menjadi rujukan standardisasi kesyariahan sebuah lembaga keuangan syariah. Fatwa tidak hanya merujuk pada referensi primer (Quran dan sunnah) yang diperkuat dengan kaidah fikih, tetapi juga pada referensi sekunder dari pendapat para ulama. Kajian ini bertujuan menganalisa fatwa yang dijadikan otoritas keagamaan yang bertumpu pada teks oleh lembaga fatwa. Penelitian ini merupakan kajian kepustakaan dengan pendekatan kualitatif bersumber dari sumber data primer dan sekunder. Pengumpulan data dilakukan dengan dokumentasi, yaitu membaca fatwa tentang keuangan Syariah tahun 2000-2012. Data sekunder yaitu artikel, buku atau kajian terkait otoritas teks agama dalam penemuan dan pengembangan hukum ekonomi syariah. Data dianalisis dengan metode analisis isi. Kajian ini menemukan, dari 122 fatwa dalam buku kumpulan fatwa DSN-MUI, terdapat 47 fatwa (38,5%) yang merujuk pendapat ulama salaf dan kontemporer sebagai landasan fatwa-fatwa tersebut, atau setidaknya sebagai argumen dan legitimasi. Penelitian menunjukkan bahwa legitimasi dan otoritas agama setidaknya bertumpu pada dua hal pokok yaitu agen pembentuk otoritas dan referensi pembentuk otoritas. Penerbitan fatwa dalam konteks pengembangan ekonomi syariah merupakan upaya mereproduksi otoritas teks. Kajian ini mengafirmasi kajian-kajian sebelumnya yang menyatakan penguatan MUI sebagai pemegang otoritas keagamaan, khususnya dalam bidang ekonomi syariah.
The appearance of the economic factor on the authority and citizens after the increase of civilization and welfare of economic situation of the domesticated tribal which started to establish system ...of authority and build castles, walls and cities for protecting itself from the outside attacks and assaults. This research entitled “the economic factor and its effect of the authority system”, the Kurdish emirates during the Abbasid era as an example. Which is analyzed per Ebn Khaldon theory. The research consists of two sections, in the first section we spoke about three points, which are, first the appearance the rank of Amir between the tribal leaders as the earliest stages of authority. Second the establishment of the rank of Minister to improve the administration and citizen life situation and other administration related work like collecting taxes. Third the establishment of the Judge rank which was one of the socialized positions to retrieve people rights and prohibit people to assault each other’s rights, and to do religious and social affairs. In the second section, we spoke about the place of Amir ruling, including the castles which was a symbol to improved political and economic situation. Also, the cities which was an important stage for the movement of Kurds from Urban to cities, and the appearance of the desire construction and prosperity specially by the Amirs and also building royal mansions.
