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Relevant bibliographies by topics / Conflict of interests (Islamic law)

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Academic literature on the topic 'Conflict of interests (Islamic law)'

Author: Grafiati

Published: 27 July 2024

Last updated: 29 July 2024

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Journal articles on the topic "Conflict of interests (Islamic law)"

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Supriadi, Supriadi. "Legal Standing of Coastal Reclamation: Islamic and Positive Law Perspectives." Hasanuddin Law Review 1, no. 2 (2016): 258. http://dx.doi.org/10.20956/halrev.v1i2.312.

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In several regions, the implementation of reclamation in Indonesia caused much conflict. At least, it caused by three interests; the interest of the government, employers, and society (fishermen). The interests of the Government and local authorities to give permission to reclaiming for the pursuit of local revenue, the interests of employers to reclaiming the coastal, because they wanted to add company’s revenues, while the interests of society (fishermen) to defend coastal areas so it not diminish their livelihood. Reclamation in Indonesia has been governed by legislation, but it has not been able to resolve the coastal reclamation. This is due to the legislation governing coastal reclamation, and local governments are ignorant of the rules concerned. In addition, the central and local governments are often tends to interest of employers rather than the fishing communities, so it triggering conflict in reclamation. Positive law as a law made by the government and legislative assembly and the local government with local legislative, a rule that was born as result of an agreement between them, and neglecting the Islamic law that was created by God to organize all the things in this world, including in the management of the universe (coastal). God as the creator of this universe, allowing to manage and utilize natural, if for the benefit of humanity as a whole, and not for those of a human. Therefore, in the implementation of reclamation, the Government and local authorities need to synergize Islamic law into positive law in resolving the problems of social and natural resources.

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Supriadi, Supriadi. "Legal Standing of Coastal Reclamation: Islamic and Positive Law Perspectives." Hasanuddin Law Review 1, no. 2 (2016): 258. http://dx.doi.org/10.20956/halrev.v1n2.312.

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In several regions, the implementation of reclamation in Indonesia caused much conflict. At least, it caused by three interests; the interest of the government, employers, and society (fishermen). The interests of the Government and local authorities to give permission to reclaiming for the pursuit of local revenue, the interests of employers to reclaiming the coastal, because they wanted to add company’s revenues, while the interests of society (fishermen) to defend coastal areas so it not diminish their livelihood. Reclamation in Indonesia has been governed by legislation, but it has not been able to resolve the coastal reclamation. This is due to the legislation governing coastal reclamation, and local governments are ignorant of the rules concerned. In addition, the central and local governments are often tends to interest of employers rather than the fishing communities, so it triggering conflict in reclamation. Positive law as a law made by the government and legislative assembly and the local government with local legislative, a rule that was born as result of an agreement between them, and neglecting the Islamic law that was created by God to organize all the things in this world, including in the management of the universe (coastal). God as the creator of this universe, allowing to manage and utilize natural, if for the benefit of humanity as a whole, and not for those of a human. Therefore, in the implementation of reclamation, the Government and local authorities need to synergize Islamic law into positive law in resolving the problems of social and natural resources.

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Dosari, Abdullah Al, and Mary George. "An Alternative to the Use of Force in International Law and Arab-Islamic Sulh for the Yemen Armed Conflict." Journal of Politics and Law 16, no. 2 (2023): 23. http://dx.doi.org/10.5539/jpl.v16n2p23.

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This article explores Arab-Islamic sulh (reconciliation) which is known to be rooted in religious (sectarian) and cultural dynamics, as well as tribal practices of the Arab societies. For this purpose, this article highlights the limitations of the conflict resolution approaches now in use as contextually unsuitable. It further draws attention to the continuing vitality of Arab-Islamic rituals of reconciliation sulh and identifies ways that mediators (US, UK UAE, and others) might benefit from an appraisal of such rituals. To counteract tribal experiences of disempowerment and temper the power-political undertones of the conflicts, mediators would consciously integrate principles and symbolic practices inherent in indigenous Middle Eastern reconciliation methodologies of sulh, alongside musalaha (settlement). Sulh exemplifies key Arab-Islamic cultural values that should be looked at figuratively and literally for insight into how to approach conflict resolution in the Saudi/Yemen armed conflicts. Therefore, as an alternative to the use of force, the sulh would be provisioned to leverage its capability to accommodate political interests that underpin the conflicts as well, with a view to effective resolution.

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Ismi, Hayatul, and Yeni Kusumawaty. "Conflict Management Policy on Oil Palm Plantations in Riau Province: Islamic Review." Jurnal Kajian Peradaban Islam 5, no. 2 (2022): 185–93. http://dx.doi.org/10.47076/jkpis.v5i2.130.

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Riau Province has a large area of oil palm plantations. Of the land area of 2.32 million hectares, 1.53 million hectares are oil palm plantations owned by the community. In 2019, there were 51 cases of natural resource conflicts in Riau Province, of which the plantation sector was the most with 40 cases (78.40 percent). This study applied a qualitative descriptive method to understand the phenomenon of plantation land conflict that aimed to: (1) identify the factors that cause conflicts in oil palm plantations in Riau Province; (2) identify current policies related to the handling of plantation conflicts and (3) recommend policy suggestions that better protect the interests of the community from an Islamic perspective. This study concluded as follow: (1) the causes of land conflicts identified are non-legal factor which is related to the management of land use and access, and legal factor which is related to judicial and regulation overlap; (2) Regarding the current policies related to plantation land conflicts, the development of oil palm plantations is basically in line with the mandate of the 1945 Constitution that natural resources are controlled by the state and used for the prosperity of the people.; (3) to protect the community interests in plantation land, this study recommends policy based on Islamic guidelines in land ownership. Islamic law classifies ownership into individual property rights (al-milkiyah al-khassah), collective property rights (al-milkiyyah al-'ammah) and state property rights (al-milkiyah al-daulah). This classification protects the community's property rights individually and collectively because investors cannot dictate the state to take over community ownership. Islam also has rules for activating inactive land and distributing it to people who can manage it, which will be the solution to unauthorized land use that is prone to conflict.

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Salah Mohammed, Samih. "Islamic View towards International Relations." Indonesian Journal of Islamization Studies 1, no. 2 (2024): 172–96. http://dx.doi.org/10.21111/injas.v1i2.10472.

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Islam emphasizes the protection of human dignity and respect for each individual as a result of true humanity. In the Islamic view, society is united under one legal system from the Koran and Sunnah. Islamic legal experts agree that Muslims are united, regardless of differences in territory or position. Islamic law embraces all humanity without discrimination. This research highlights the study of Islam in international relations, emphasizing that Islam is not a collection of separate ideas but a cohesive system rooted in profound principles. The research methodology includes historical and comparative approaches with critical analysis. The theory of realism dominates international relations, viewing it as an arena of unstable conflict, emphasizing national interests, power and war. Islam provides an alternative perspective by affirming justice, peace and cooperation regardless of belief.

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Mohamed Adil, Mohamed Azam, and Rafeah Saidon. "Religion as a Determinant of Child Welfare in Custody Cases in Malaysia and Classical Islamic Law: A Comparative Overview." ICR Journal 8, no. 1 (2017): 35–46. http://dx.doi.org/10.52282/icr.v8i1.211.

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It is paramount to consider the welfare of a child when determining the custody of a child. However, in the event of a parent’s conversion to Islam, the issue of religion also arises, i.e. whether the religion of a parent is considered the main factor or one of several factors in determining the interests of the child. In Malaysia, since both Islamic and civil law recognise conversion as grounds for divorce, the question concerning the custody of children and the determinants of religion for the best interest of children will be the main issue. This research aims to examine the significance of religion in determining the welfare of children in custodial dispute cases and to search for possible solutions from the perspective of Islamic jurisprudence relating to custodial conflict upon conversion of one spouse to another religion, particularly in a multiracial country like Malaysia. Our findings show that religion is the primary criterion in determining the welfare of children in custody cases from the classical Islamic point of view. However, Islamic law also offers various other solutions if there is a conflict involving non-Muslim parents.

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Jamaan Muidh Alzahrani, Jamaan Muidh Alzahrani. "Mediation as an amicable and peaceful means of resolving international disputes in law and Islamic law: الوساطة كوسيلة ودية سلمية لحل المنازعات الدولية في القانون الدولي والشريعة الإسلامية". مجلة العلوم الإقتصادية و الإدارية و القانونية 6, № 2 (2022): 86–103. http://dx.doi.org/10.26389/ajsrp.r270621.

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The topic of the research is of high importance, as it shows that mediation is the alternative idea of coercion, violence and the carrying of arms that arise between the conflicting countries, and that it is the duty of the international community To strive to put in place an appropriate framework for this method to codify it and apply it quickly and flexibly to resolve conflict between states; It is more effective in resolving disputes; Because it is a means of international dialogue, less expensive, more flexible, private and confidential. The nature of the research necessitated dividing it into an introduction, in which the researcher explained the subject of this research and the research plan. In the first topic, the definition of international law and conflict, and the jurisprudential criteria for distinguishing between legal and political disputes, then the researcher explained the role of the United Nations in resolving international disputes by peaceful means, and the means adopted by the League of Arab States in resolving Arab conflicts and its role in that, with mentioning the legal formulation It has adopted the principle of settlement, then the researcher mentioned some Arab disputes. Then the researcher explained in the second topic: the definition of mediation, its forms, its characteristics and advantages, the characteristics of the mediator, and the difference between it and arbitration. In the third topic, the researcher explained both reconciliation and mediation in Islamic Sharia and the importance and virtue of reconciliation and Islam’s respect for covenants and covenants. In the fourth topic, a comparison was made between mediation and conciliation in law and Islamic law, and then the research concluded with a conclusion in which some results were recorded. One of the most important results of this research: that conflicts are permanent and continuous, and as countries move and seek their interests, disputes occur, so it is necessary to adapt, control and define them disciplined until contained and resolved through mediation. Among the most important recommendations: the formulation of an independent and integrated law regulating the means of mediation, and putting it into practice, and that the countries of the world, especially the Islamic and Arab countries, must play their role in resolving disputes, as Islam commands us to pay attention to human interests and make them the first of its goals, and Islam is a law to be followed- such as loyalty The Covenant- and a way out for these countries from these and other conflicts.

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Rois, Choirur, Nur Jannani, and Moh Hoirul Mufid. "Islamic Law Paradigm Responding Conflicts of Interest of Economic Development and Ecological Conservation Hifdz al-Bi'ah Perspective." Al-Istinbath: Jurnal Hukum Islam 9, no. 1 (2024): 193. http://dx.doi.org/10.29240/jhi.v9i1.8660.

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This research is aimed to examine the policy paradigm and alignments of the Indonesian government in responding to conflicts of interest in economic development and environmental preservation from the perspective of hifdz al-bi'ah theory and the rules of fiqh taṣarruf al-imān 'ala al-ra'iyah manutun bi al-maslahah. Many polemics on strategic government projects such as the construction of Rempang Eco-City and several similar cases were used as study material. The research used descriptive qualitative methods focused on literature study. The analytical method used inductive descriptive techniques involving legislative approaches, Islamic law, and the theory of hifdz al-bi'ah which originates from the maqashid sharia discourse. The conclusion of this research shows that the interests of environmental preservation must receive priority in every government development policy. The effort of government to accelerate the pace of development must not conflict with aspects of environmental sustainability. The interest in preserving the environment is universal in terms of Islamic legal, socio-cultural, economic, and political norms. The implications of this research emphasize that if the government policy paradigm and development program has the potential to threaten the sustainability of environmental conservation, thus on the basis of welfare the government is not justified in establishing policies that are contrary to the interests of ecological empowerment, either in the form of long-term or medium-term development plans, especially in downstream programs industries that are projected to boost the national economic progress.

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Kustiawan, Muhamad Taufik, Mhd Rasidin, Doli Witro, Darti Busni, and Mufti Labib Jalaluddin. "ISLAMIC LEADERSHIP CONTESTATION: EXPLORING THE PRACTICES OF CONSERVATIVE ISLAMIC MOVEMENTS IN INDONESIA." Jurnal Ilmiah Islam Futura 23, no. 2 (2023): 196. http://dx.doi.org/10.22373/jiif.v23i2.14938.

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This paper describes the political contestation in the election of leaders that has occurred in the last five years in Indonesia. Since the reformation era, conservative Islamic movements have gained wide freedom to spread Islamic political ideology such as the idea of upholding Islamic law. This was clearly seen in the 2017 Jakarta Gubernatorial Election and 2019 Presidential Election, where the conservative Islamic movement voiced practical political aspirations by involving the role of religion. The case that happened to Basuki Tjahaja Purnama (Ahok) who was suspected of committing blasphemy at the end of 2016, turned into a protest movement that held “Aksi Bela Islam I, II, III” (Action for Defending Islam I, II, III) which was able to mobilize all elements of religious organizations in Indonesia. This movement is also supported by the role of social media which adds to the massive Islamic populism movement to promote the enforcement of Islamic law through the political stage. This is a qualitative research that prioritizes bibliographic sources. The results of this study indicate that the voices of Muslims who are involved in the “Action to Defend Islam” add to the success of the conservatism process which has a dichotomy of political interests to realize religious authoritarianism by using the Qur’anic verses. However, this study also explains the characteristics of the attitudes of leaders in the history of Islamic civilization who uphold egalitarianism that does not conflict with the democratic system because the responsibility of a leader is to create prosperity and justice for all mankind.

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Antonov, Boris A. "ON THE PECULIARITIES OF AFGHANISTAN’S LEGAL SYSTEM DURING THE RULE OF THE TALIBAN." RSUH/RGGU Bulletin. Series Economics. Management. Law, no. 3 (2021): 120–34. http://dx.doi.org/10.28995/2073-6304-2021-3-120-134.

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The essence of any legal system in the concrete state depends on what is actually recognized in it as the main source of law. In case of Sharia, such sources are Koran, Sunnah, qiyas, and Yidma. In addition to Sharia, however, pre-Islamic and non-Islamic sources of law – such as adat (custom), firman (decree) and nizam (law) – are actively involved in the legal systems of many Muslim states. The operation of several sources of law in one country is an example char- acteristic for the Islamic Emirate of Afghanistan during the rule of the Taliban there. Lack of balance between the interests of different ethnic groups in Af- ghanistan, the inability of Afghan authorities to compromise and contradic- tions among the competing legal norms have led to destabilizing the legal sys- tem of the country that has finally been transformed into a kind of space where several enclave legal sources operate, being in a conflict with each other at such levels of their interaction as Hanafi-Hanbali (the level of madhhabs), inner- Islamic (Sufi and Wahhabi, Shiite and Sunni), ethno-political (Pashtunization and Talibanization), Sharia -non-Sharia (adat, firman). The last level – which is Sharia – non-Sharia (adat, firman) – has become an illustrative example of a complicated, sometimes conflicting, relationship of Sharia and adat (customary law, enshrined in the code of honor “Pashtunwali”).

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Dissertations / Theses on the topic "Conflict of interests (Islamic law)"

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Hanshaw, Mark Edward. "An intersection of societies American Muslims, Islamic law and U.S. courts in conflict /." Ann Arbor, Mich. : ProQuest, 2008. http://gateway.proquest.com/openurl?url_ver=Z39.88-2004&rft_val_fmt=info:ofi/fmt:kev:mtx:dissertation&res_dat=xri:pqdiss&rft_dat=xri:pqdiss:3307182.

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Thesis (Ph.D. in Religious Studies)--S.M.U.<br>Title from PDF title page (viewed Mar. 16, 2009). Source: Dissertation Abstracts International, Volume: 69-04, Section: A, page: 1406. Adviser: John Lamoreaux. Includes bibliographical references.

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Bakar, Mohd Daud. "Conflict of law and the methodology of Tarjīẖ : a study in Islamic legal theory". Thesis, University of St Andrews, 1993. http://hdl.handle.net/10023/6421.

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Islamic law never achieved unity but expressed itself in, at least, four surviving schools. More interestingly, contemporary Muslim communities are still divided among themselves on a number of issues related to their laws. This work describes how problem of legal conflicts have been tackled by Muslim jurists. It is an attempt to examine closely the phenomenon of conflict in Islamic law from the standpoint of usūl-al-fiqh or Islamic legal theory. In fact, much is heard nowadays of the contradiction in the body of Islamic law. Whilst in contrast, little is presented in terms of the methodology of removing this conflict. The present work therefore, attempts to redress this balance. The emphasis of the work will be concerned primarily with tarjīh methodology ; how to give preference to one piece of evidence or argument over the other when they conflict. Nevertheless, considerable concern is given to investigating the background to the conflict of law in the Shari'ah. This study of a neglected area in Islamic legal scholarship will be an important source of reference to students, both practising and theoretical jurists or to anyone who merely wishes to increase his knowledge of legal themes, particularly legal conflict. The very aim of the work is to argue that conflict is a natural and unavoidable consequence of legal study because legal conflict is only conflicting principles and arguments adduced by both the classical and modern jurists to reach what is actually intended by God in the target case. Therefore, conflicts are inevitable in most of the cases in fiqh owing to the variety of principles set out to deal with one piece of legal evidence, let alone with all the pieces of legal evidence in question. Tarjīh is therefore, an important and workable instrument in the re-examination of these conflicts and in arriving at the most accurate principle for establishing the law for as long as this is possible. It is hoped that the discovery of new facts and the increase of knowledge which results from the broadening and deepening of the research will positively contribute to the process of unification of Islamic law.

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Lukito, Ratno 1968. "Sacred and secular laws : a study of conflict and resolution in Indonesia." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=102778.

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This thesis investigates the history and phenomenon of legal pluralism in Indonesia. The need to explore this topic has been urged by the revival there of Islamic law and adat law, the two greatest non-state normative orderings, in the last two decades. At the same time the ideal of modernity in Indonesia has been characterized by a state-driven effort in the post-colonial era to make the institution of law an inseparable part of national development. The result has been a conception of law as a homogenous system in which the ideology of legal positivism represents the basic tool for lawmaking. This, however, has led to an impasse, seeing that pluralism and multiculturalism are in fact self-evident phenomena in the society. The state has been obliged, therefore, to accommodate these non-state normative orderings.<br>The discussion of Indonesian legal pluralism in this thesis focuses on understanding the state's attitude and behavior towards the three largest legal traditions currently operative in the society, i.e., adat law, Islamic law and civil law. Socio-political factors are shown to have much influenced the relations between state and non-state laws. The state's strategy of accommodation of legal pluralism has in fact largely depended on the extent to which those legal traditions have been able to conform to national ideology. Certain "national legal postulates" have functioned as a yardstick by which the country's legislative and judicial institutions have measured the extent of their accommodation of legal pluralism, although they have had little choice but to do so.<br>Influenced by Masaji Chiba's theory of "three levels of law" (i.e., official law, unofficial law and legal postulates), this thesis analyzes two aspects of legal pluralism in Indonesia: the political and "conflictual" domains of legal pluralism. The analysis is thus generally based on the state policy of legal pluralism reflected in the legal and political strategies confronting the issue of unofficial laws as well as the conflicts arising from such situations. The first aspect is addressed by looking at a number of statutes and regulations promulgated specifically to deal with Islamic law and adat law, while the second is analyzed in terms of actual cases of private interpersonal law arising from conflict between state and non-state legal traditions, as reflected in legislation and court decisions. From a discussion of these two aspects, the thesis concludes that, although the form of the relations between official and unofficial laws may have changed in conjunction with the socio-political situation of the country, the logic behind legal pluralism has in fact never altered, i.e., to use law as a tool of state modernism. Thus conflicts arising from the encounter between different legal traditions will usually be resolved by means of "national legal postulates," making the unofficial laws more susceptible to the state's domination of legal interpretation and resolution.

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Chapita, Ellen Chiyamiko. "The law of assets declaration in Malawi." Thesis, University of the Western Cape, 2015. http://hdl.handle.net/11394/5164.

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Allie, Shouket. "Exploring the concept of conciliation (ṣulḥ) as a method of alternative dispute resolution in Islamic law". University of the Western Cape, 2020. http://hdl.handle.net/11394/7632.

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Magister Legum - LLM<br>This research will chart and navigate the early stages in the development, conceptualisation, and formulation of Islāmic law and the concept of ṣulḥ as a mechanism of legal redress in Islāmic law (Sharī’a). The research shows that firstly, the mechanism is deeply rooted and embedded in scriptural (Qur’ānic) and extrascriptural text namely the corpus of Ḥadīth. There is a plethora of instructions to prove that reconciliation is indeed a lofty goal which is rewarded as an act of worship. Like many other aspects of the Sharī’a, ṣulḥ is regulated by provisions of the scripture and extra-scriptural sources considered by Muslims as the (Sharī’a). Secondly ṣulḥ is also the preferred method of alternative dispute resolution because it is fluid, contractual, expeditious and one of the most effective ways of solving different types of disputes, whether commercial or family. It has therefore gained considerable traction in modern western financial industry which I think is largely due to its contractual nature and the absence of the adversarial element. As a mechanism of redress, ṣulḥ is governed by Islāmic law of contract which takes the form of an agreement which can be mutually negotiated between two or more parties. Of late it has also become the mechanism of choice in family and marital disputes.

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Sofic, Elvira. "The Role of the EU in the Israeli-Palestinian Conflict : A Qualitative Case Study on the Role of the EU in the Israeli-Palestinian Conflict approached through realism, liberalism and constructivism." Thesis, Linnéuniversitetet, Institutionen för statsvetenskap (ST), 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-90944.

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For over four decades, the EU has been an active external actor in the Israeli-Palestinian peace process. However, the role that the EU has in the conflict, have many times been questioned. This thesis aims therefore to examine the role of the EU in the Israeli-Palestinian conflict by using three international relations theories; realism, liberalism and constructivism. With the research question of how the role of the EU can be understood and explained, a qualitative case study is being done. The theories are being approached in a theory consuming way focusing on following concepts; collective EU interests, security and military resources, democracy promotion, international law, and identity and norms. Following the results and analysis of the concepts, the EU does have an important, yet laid back role in the conflict. The EU has been an influential actor in many ways, however, the role has mostly been diplomatic and economic rather that political. This indicates that, for the EU to become a stronger political actor, the Union needs to take on more effective measures when acting and also handle the occurring changes within the Union.

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Morón, Urbina Juan Carlos. "The regulation of conflicts of interests and the good government in Peru." IUS ET VERITAS, 2014. http://repositorio.pucp.edu.pe/index/handle/123456789/123276.

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This paper discusses the problem related to conflicts of interestand its various manifestations, particularly in public administration. in this regard, the author makes an ethical analysis of the concept, and he examines the regulation of conflicts of interest in the administrative field and its configuration as a constitutional limitation of fundamental rights. In this way, the paper concludes that the regulation of conflicts of interest in governance should aim to seek efficiency and balance since the position of a public servant implicates acting according to what is of general interest.<br>El presente artículo aborda la problemática relativa a los conflictos de intereses y sus distintas manifestaciones, particularmente, en la gestión pública. en este sentido, el artículo parte del análisis ético del concepto, para luego arribar al examen de la regulación de los conflictos de intereses en el ámbito administrativo y su configuración como limitación constitucional a una serie de derechos fundamentales. De esta forma, concluye que la regulación de los conflictos de intereses en la gestión pública debe tender a buscar la eficacia y equilibrio, toda vez que la posición de funcionario pública importa el actuar con arreglo a un interés general.

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Såma, Kader. "A New Era of Terror : An Investigation of Non-International Armed Conflict and the Islamic State’s Transnational Crusade for World Domination." Thesis, Uppsala universitet, Juridiska institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-272513.

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Elizarni, FNU. "Gender, Conflict, Peace: The Roles of Feminist Popular Education During and After the Conflict in Aceh, Indonesia." Ohio University / OhioLINK, 2020. http://rave.ohiolink.edu/etdc/view?acc_num=ohiou1605018870170842.

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Smiley, William Allen. "'When peace is made, you will again be free' : Islamic and Treaty Law, Black Sea conflict, and the emergence of 'Prisoners of War' in the Ottoman Empire, 1739-1830." Thesis, University of Cambridge, 2012. https://www.repository.cam.ac.uk/handle/1810/283908.

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Books on the topic "Conflict of interests (Islamic law)"

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Aḥmad ibn ʻAbd Allāh ibn ʻAbd al-Raḥmān Āl Suḥaym. Darʼ taʻāruḍ al-maṣāliḥ fī anẓimat al-Mamlakah al-ʻArabīyah al-Saʻūdīyah. Dār al-Taḥbīr lil-Nashr wa-al-Tawzīʻ, 2020.

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ʻAbdū, Aḥmad Idrīs. al-Wāfī fī aḥkām al-zakāt: Dirāsah muqārinah bayna al-madhāhib wa-ārāʼ al-ʻulamāʼ. Dār al-Hudá, 2006.

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Commission, Massachusetts State Ethics. Introduction to the conflict of interest law. The Commission, 1994.

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Arshad, Raffia. Islamic family law. Sweet & Maxwell, 2010.

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California. Legislature. Senate. Committee on Local Government., ed. Your guide to conflicts of interest law: How we govern our public officials. Senate Publications, 1992.

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Commission, Massachusetts State Ethics. Liquor licenses and the conflict law. The Commission, 1987.

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Florida. Legislature. Senate. Committee on Executive Business, Ethics, and Elections. A review of selected provisions of the ethics law. Florida Senate, 1998.

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1945-, Middlemiss Danford William, Crickard F. W, and Rolston Susan, eds. Maritime interests, conflict and law of the sea: A confer4ence report. Centre for Foreign Policy Studies, 1992.

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Commission, Massachusetts State Ethics. The Conflict of interest law and conservation commissioners. The Commission, 1987.

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1935-, Hay Peter, and Rasmussen-Bonne Hans-Eric, eds. Balancing of interests: Liber amicorum Peter Hay zum 70. Gerburtstag. Verlag Recht und Wirtschaft GmbH, 2005.

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Book chapters on the topic "Conflict of interests (Islamic law)"

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Malacka, Michal. "Sharia – Conflict of Law and Culture in the European Context." In Universal, Regional, National – Ways of the Development of Private International Law in 21st Century. Masaryk University Press, 2019. http://dx.doi.org/10.5817/cz.muni.p210-9497-2019-3.

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Sharia and its conflict with the private law within the EU is one of the most current problems in the conflict of laws. In accordance with the doctrine of ordre public, a foreign law that is otherwise applicable is disregarded if its application would violate some fundamental interest, basic policy, general principle of justice, or prevailing concept of good morals in the forum state. This doctrine is used and followed by judicial procedures not only at “the old continent” but also in Islamic countries. This article shows the basic aspects of Sharia, Islamic legal tradition and the reflection of all the connected aspects in European Union private law and legislation. Some selected chapters analyse the most important differences in the legislation and judicial practice in the EU member states.

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M’Boge, Yassin A. "‘In the Interests of Peace and the Interests of Justice’: Security Council Deferrals As A Constructive Tool for Conflict Resolution." In International Law and Armed Conflict. T.M.C. Asser Press, 2010. http://dx.doi.org/10.1007/978-90-6704-527-8_24.

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Zamir, Noam. "The Armed Conflict(s) Against the Islamic State." In Yearbook of International Humanitarian Law. T.M.C. Asser Press, 2016. http://dx.doi.org/10.1007/978-94-6265-141-8_4.

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Kirazli, Harris Sadik. "Conflict and Conflict Resolution in Arabian Society Before the Advent of Islam." In Palgrave Series in Islamic Theology, Law, and History. Springer Nature Switzerland, 2024. http://dx.doi.org/10.1007/978-3-031-53927-5_3.

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Bhatti, Maria. "Conflict of laws and Shariʿa as choice of law." In Islamic Law and International Commercial Arbitration. Routledge, 2018. http://dx.doi.org/10.4324/9780429468612-3.

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Mesrati, Ali Omar Ali. "‘The Best Interests of the Child’ Under Islamic Law." In Child Rights to Guardianship. Springer Singapore, 2022. http://dx.doi.org/10.1007/978-981-16-8181-3_3.

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Kirazli, Harris Sadik. "Studies on Conflict Resolution and Peacemaking." In Palgrave Series in Islamic Theology, Law, and History. Springer Nature Switzerland, 2024. http://dx.doi.org/10.1007/978-3-031-53927-5_2.

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Ismail, Muhammad-Basheer A. "Jihad Misplaced for Terrorism: An Overview of the Boko Haram Crisis from Islamic and International Humanitarian Law Perspectives." In International Conflict and Security Law. T.M.C. Asser Press, 2022. http://dx.doi.org/10.1007/978-94-6265-515-7_61.

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Kirazli, Harris Sadik. "The Role of Sunnah in Conflict Resolution and Peacemaking." In Palgrave Series in Islamic Theology, Law, and History. Springer Nature Switzerland, 2024. http://dx.doi.org/10.1007/978-3-031-53927-5_5.

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Kirazli, Harris Sadik. "Historical Insights into Conflict Resolution: Lessons from Early Islamic Era." In Palgrave Series in Islamic Theology, Law, and History. Springer Nature Switzerland, 2024. http://dx.doi.org/10.1007/978-3-031-53927-5_7.

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Conference papers on the topic "Conflict of interests (Islamic law)"

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Rafiqi, OK Saidin, M. Yamin Lubis, and Edy Ikhsan. "Registration Conflict of Sultan Grant Land in Melayu Deli." In International Conference on Law, Governance and Islamic Society (ICOLGIS 2019). Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.200306.201.

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Fahadayna, Adhi Cahya. "The Implementations of Islamic Law and Post-Conflict Development in Aceh, Northern Indonesia." In Third International Conference on Social and Political Sciences (ICSPS 2017). Atlantis Press, 2018. http://dx.doi.org/10.2991/icsps-17.2018.4.

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Nagy, Attila. "THE NON-APPLICATION OF COMPETITION RULES IN POST-CONFLICT DEVELOPMENT." In International Jean Monnet Module Conference of EU and Comparative Competition Law Issues "Competition Law (in Pandemic Times): Challenges and Reforms. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18834.

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Competition has been claimed to be a very liberal economic tool where market players are meant to be free in arranging their technologies, production and sales on a particular market. In this paper we are developing a new hypothetical of the functioning of market economies which are in a global sense and considering new markets very different and specific. All the global powers, whose centre of influence might change in time, are trying to gain a bigger share regarding raw materials and potential markets. In post-conflicts societies and in particular in our case study of Kosovo and Serbia we can see the more clear market interests of all local, regional and global powers. The research of post-conflict societies is providing us with some answers regarding the possible future developments in certain societies and regions. The EU made Brussels Agreements in Kosovo has managed to establish new enterprises as a solution of a political compromise where energy, telecommunication and natural resources played a key role. The Washington Agreement has liberalized the infrastructure achievements but in some aspects limited the use of energy and telecommunication infrastructure from certain sources. In this sense we can observe the limited capacity of competition rules application in post-conflict societies and in particular Kosovo in this case. These agreements have therefore limited the influence of economic, strategic and energy related influence from main USA competitors which have not been named in the agreements, but are well known. In both agreements it is visible how economic activities and cooperation is encouraged with various non-economic incentives. Competition is accordingly more of a political will than an economic reality for some in post-conflict societies. The introduction of various companies into the Kosovo legal framework and their control by Serbia is an obvious tool how natural resources could be shared for a benefit of citizens where conflict is resolved using free market and competition rules.

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Lawan Haruna, Abdulrashid, and Awwal Magashi Ilyasu. "Unnecessary Suffering and the Prohibition of the Use of Chemical Weapons under International Humanitarian and Islamic Laws: Examining the Syrian Conflict Paradigm." In Annual International Conference on Law, Regulations and Public Policy. Global Science & Technology Forum (GSTF), 2014. http://dx.doi.org/10.5176/2251-3809_lrpp14.09.

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Margaletic, Anica. "PEACEFUL RESOLUTION OF FAMILY FAW DISPUTED - CROATIAN PERSPECTIVE." In 10th SWS International Scientific Conferences on SOCIAL SCIENCES - ISCSS 2023. SGEM WORLD SCIENCE, 2023. http://dx.doi.org/10.35603/sws.iscss.2023/sv02.03.

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Disputes between family members are particularly suitable for peaceful resolution,especially disputes concerning children. Croatian family law has a long tradition ofproviding assistance to families facing divorce and consequences of dissolving familyunion. According to Family Act of 2015 there are two institutes aimed at consensualresolution of family law conflicts - institutes of obligatory counselling and familymediation. Since children are especially vulnerable in situations of family conflict it isof the utmost importance to ensure the protection of their rights and interests. Therefore,the paper will analyze development of this different, i.e., additional approach to resolvingdisputes between family members, present state of peaceful resolution of family lawdisputes in Croatian family law system and propose some possibilities for itsimprovement, starting primarily from the advantages that this way of resolving disputescan have for children, families and society as a whole.

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Abderrahmane, Research ABDI. "FEATURES OF LEGITIMATE POLITICS IN BUILDING THE CONTEMPORARY STATE." In I. International Century Congress for Social Sciences. Rimar Academy, 2024. http://dx.doi.org/10.47832/soci.con1-22.

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This research seeks to study Sharia politics in its broad sense, its features and principles, to build the state in order to facilitate the life of human society, reform it, and achieve its immediate and future interests. This can only be achieved by managing the affairs of the state, which must have three conditions and pillars: the people, the territory, and the authority. We establish a harmonious society based on the principles of justice, freedom, and consultation. The Prophet, may God bless him and grant him peace, relied in his policy for the people while building the Islamic state on these landmarks and principles, and after him the Rightly Guided Caliphs, and therefore the state must preserve these landmarks and principles so that it can manage and manage public affairs. In a way that ensures achieving interests and eliminating harms, within what does not exceed the limits of Sharia law and its universal principles

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Mareček, Lukáš. "Terorizmus – zločin podľa medzinárodného práva?" In Protistátní trestné činy včera a dnes. Masaryk University Press, 2021. http://dx.doi.org/10.5817/cz.muni.p210-9976-2021-16.

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Terrorism is a fenomena that is seriously threatening values and interests of the international community. Despite of that the international community was not able to settle its definition yet. If the definition is absent then supression of terorizm by means of international criminal law is in conflict with the principle of legality. Solving of this question is a precondition for evental creation of international criminal organs. In spite of that the issue was not settled the Special Tribunal for Lebanon was created which had crime of terrorism in its jurisdiction ratione materiae. The aims of this paper is to analyse how the Special Tribunal for Lebanon dealt with this problem and to evaluate soundness of its argumentation.

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Dauster, Manfred. "Criminal Proceedings in Times of Pandemic." In The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.18.

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COVID-19 caught humanity off guard at the turn of 2019/2020. Even when the Chinese government sealed off Wuhan, a city of millions, for weeks to contain the epidemic, no one in other parts of the world had any idea of what specifically was heading for the countries. The ignorant and belittling public statements and tweets of the former US president are still fresh in everyone's memory. Only when the Italian army carried the coffins with the COVID-19 victims in northern Italy, the gravesites spread in the Bergamo region, as well as the intensive care beds filled in the overcrowded hospitals, the countries of the European Union and other parts of the world realised how serious the situation threatened to become. Together with the World Health Organisation (WHO), the terms changed to pandemic. Much of the pandemic evoked reminiscences originating in the Black Death raging between 1346 and 1353 or in the Spanish flu after the First World War. Meanwhile, life went on. The administration of justice in criminal cases could not and should not come to a standstill. Emergency measures, such as those that began to emerge in February 2020, are always the hour of the executive. In their efforts to stop the spread of the virus, in Germany, governments particularly reflected on criminal proceedings. Neither criminal procedural law nor the courts and court administrations applying this procedural law were adequately prepared for the challenges. Deadlines threatened to expire, access to court buildings and halls had to be restricted to reduce the risk of infection, public hearings represented a potential source of infection for both the parties to the proceedings and the public, virtual criminal hearings via conference calls had not yet been tested in civil proceedings, but were legally possible, but not so in criminal cases. The taking of evidence in criminal cases in Germany is governed by the rules of strict evidence and is largely not at the disposal of the parties to the proceedings. Especially in criminal cases, fundamental and human rights guarantees serve to protect the accused, but also the victims and witnesses. Executive measures of pandemic containment might impact these guarantees. Here, an attempt will be made to discuss at some neuralgic points how Germany has attempted to balance the resulting contradictory interests in the conflict between pandemic control and constitutional requirements for criminal court proceedings.

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Sarabandikachyani, Samira. "Sistan Mapped: A History of Cartographic Representations of a Borderland Region." In 112th ACSA Annual Meeting. ACSA Press, 2024. http://dx.doi.org/10.35483/acsa.am.112.50.

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In the late 19th century Qajar Dynasty, British imperialism in Iran changed the essence of the Sistan region by imposing a new border line between Iran and Afghanistan. The British redefined territorial boundaries, all influenced by a “colonial gaze”— seeing the region as a miserable space, awaiting reclamation by supposedly more civilized cultures. This paper takes a qualitative, interpretive-historical approach along with visual analysis to examine five historical maps of Sistan as primary sources. This study examines how the border imposition was artificially created through mapping and cartographic representations, how the British showed various moments of confrontation and displacement of regional identities, and how Persians resisted to save their territoriality and reverse the colonial gaze. Initially, a 10th-century world map crafted by Ibn Hawqal indicates the historical significance of Sistan in both Persian culture and the Islamic world. Then, Dhulfaqar Kirmani’s 1871-1873 map invokes the “mythical unity” of Sistan, drawing inspiration from Abu’l Qasim Firdausi’s Shahnameh (Book of Kings) to assert Iran’s claim. Frederic Goldsmid’s 1872 map, reflecting British interests, serves as an “ideological construct” to assert colonial control. Mirza Mohammad-Reza Tabrizi’s map as a “cultural construct” blends indigenous territoriality with British influence, showcasing a complex hybrid. Finally, Henry McMahon’s 1905 map highlights the interplay between meanings and power while revealing the impact of local resistance on Sistan’s cartographic representation. These interpretations demonstrate that maps are not disembodied representations or neutral constructs. Sistan is depicted on these maps as a “region interrupted” by Eurocentric perspectives, a “region united” by Persian maps, and a “region in-between” when the British maintained their political order and relied on the locals to resist the imposed border, resulting in an ongoing “place of conflict.” Overall, this paper unveils how these maps transformed Sistan into an “in-between” region, striated by delineated boundaries, disrupting its seamless territorial perception.

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YEŞİLBURSA, Behçet Kemal. "THE FORMATION AND DEVELOPMENT OF POLITICAL PARTIES IN TURKEY (1908-1980)." In 9. Uluslararası Atatürk Kongresi. Atatürk Araştırma Merkezi Yayınları, 2021. http://dx.doi.org/10.51824/978-975-17-4794-5.08.

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Political parties started to be established in Turkey in the second half of the 19th century with the formation of societies aiming at the reform of the Ottoman Empire. They reaped the fruits of their labour in 1908 when the Young Turk Revolution replaced the Sultan with the Committee of Union and Progress, which disbanded itself on the defeat of the Empire in 1918. Following the proclamation of the Republic in 1923, new parties started to be formed, but experiments with a multi-party system were soon abandoned in favour of a one-party system. From 1930 until the end of the Second World War, the People’s Republican Party (PRP) was the only political party. It was not until after the Second World War that Turkey reverted to a multiparty system. The most significant new parties were the Democrat Party (DP), formed on 7 January 1946, and the Nation Party (NP) formed on 20 July 1948, after a spilt in the DP. However, as a result of the coup of 27 May 1960, the military Government, the Committee of National Union (CNU), declared its intentions of seizing power, restoring rights and privileges infringed by the Democrats, and drawing up a new Constitution, to be brought into being by a free election. In January 1961, the CNU relaxed its initial ban on all political activities, and within a month eleven new parties were formed, in addition to the already established parties. The most important of the new parties were the Justice Party (JP) and New Turkey Party (NTP), which competed with each other for the DP’s electoral support. In the general election of October 1961, the PRP’s failure to win an absolute majority resulted in four coalition Governments, until the elections in October 1965. The General Election of October 1965 returned the JP to power with a clear, overall majority. The poor performance of almost all the minor parties led to the virtual establishment of a two-party system. Neither the JP nor the PRP were, however, completely united. With the General Election of October 1969, the JP was returned to office, although with a reduced share of the vote. The position of the minor parties declined still further. Demirel resigned on 12 March 1971 after receiving a memorandum from the Armed Forces Commanders threatening to take direct control of the country. Thus, an “above-party” Government was formed to restore law and order and carry out reforms in keeping with the policies and ideals of Atatürk. In March 1973, the “above-party” Melen Government resigned, partly because Parliament rejected the military candidate, General Gürler, whom it had supported in the Presidential Elections of March-April 1973. This rejection represented the determination of Parliament not to accept the dictates of the Armed Forces. On 15 April, a new “above party” government was formed by Naim Talu. The fundamental dilemma of Turkish politics was that democracy impeded reform. The democratic process tended to return conservative parties (such as the Democrat and Justice Parties) to power, with the support of the traditional Islamic sectors of Turkish society, which in turn resulted in the frustration of the demands for reform of a powerful minority, including the intellectuals, the Armed Forces and the newly purged PRP. In the last half of the 20th century, this conflict resulted in two periods of military intervention, two direct and one indirect, to secure reform and to quell the disorder resulting from the lack of it. This paper examines the historical development of the Turkish party system, and the factors which have contributed to breakdowns in multiparty democracy.

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Reports on the topic "Conflict of interests (Islamic law)"

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Lewis, Dustin, Gabriella Blum, and Naz Modirzadeh. Indefinite War: Unsettled International Law on the End of Armed Conflict. Harvard Law School Program on International Law and Armed Conflict, 2017. http://dx.doi.org/10.54813/yrjv6070.

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Can we say, definitively, when an armed conflict no longer exists under international law? The short, unsatisfying answer is sometimes: it is clear when some conflicts terminate as a matter of international law, but a decisive determination eludes many others. The lack of fully-settled guidance often matters significantly. That is because international law tolerates, for the most part, far less violent harm, devastation, and suppression in situations other than armed conflicts. Thus, certain measures governed by the laws and customs of war—including killing and capturing the enemy, destroying and seizing enemy property, and occupying foreign territory, all on a possibly large scale—would usually constitute grave violations of peacetime law. This Legal Briefing details the legal considerations and analyzes the implications of that lack of settled guidance. It delves into the myriad (and often-inconsistent) provisions in treaty law, customary law, and relevant jurisprudence that purport to govern the end of war. Alongside the doctrinal analysis, this Briefing considers the changing concept of war and of what constitutes its end; evaluates diverse interests at stake in the continuation or close of conflict; and contextualizes the essentially political work of those who design the law. In all, this Legal Briefing reveals that international law, as it now stands, provides insufficient guidance to precisely discern the end of many armed conflicts as a factual matter (when has the war ended?), as a normative matter (when should the war end?), and as a legal matter (when does the international-legal framework of armed conflict cease to apply in relation to the war?). The current plurality of legal concepts of armed conflict, the sparsity of IHL provisions that instruct the end of application, and the inconsistency among such provisions thwart uniform regulation and frustrate the formulation of a comprehensive notion of when wars can, should, and do end. Fleshing out the criteria for the end of war is a considerable challenge. Clearly, many of the problems identified in this Briefing are first and foremost strategic and political. Yet, as part of a broader effort to strengthen international law’s claim to guide behavior in relation to war and protect affected populations, international lawyers must address the current confusion and inconsistencies that so often surround the end of armed conflict.

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Lewis, Dustin, ed. Database of States’ Statements (August 2011–October 2016) concerning Use of Force in relation to Syria. Harvard Law School Program on International Law and Armed Conflict, 2017. http://dx.doi.org/10.54813/ekmb4241.

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Many see armed conflict in Syria as a flashpoint for international law. The situation raises numerous unsettling questions, not least concerning normative foundations of the contemporary collective-security and human-security systems, including the following: Amid recurring reports of attacks directed against civilian populations and hospitals with seeming impunity, what loss of legitimacy might law suffer? May—and should—states forcibly intervene to prevent (more) chemical-weapons attacks? If the government of Syria is considered unwilling or unable to obviate terrorist threats from spilling over its borders into other countries, may another state forcibly intervene to protect itself (and others), even without Syria’s consent and without an express authorization of the U.N. Security Council? What began in Daraa in 2011 as protests escalated into armed conflict. Today, armed conflict in Syria implicates a multitude of people, organizations, states, and entities. Some are obvious, such as the civilian population, the government, and organized armed groups (including designated terrorist organizations, for example the Islamic State of Iraq and Syria, or ISIS). Other implicated actors might be less obvious. They include dozens of third states that have intervened or otherwise acted in relation to armed conflict in Syria; numerous intergovernmental bodies; diverse domestic, foreign, and international courts; and seemingly innumerable NGOs. Over time, different states have adopted wide-ranging and diverse approaches to undertaking measures (or not) concerning armed conflict in Syria, whether in relation to the government, one or more armed opposition groups, or the civilian population. Especially since mid-2014, a growing number of states have undertaken military operations directed against ISIS in Syria. For at least a year-and-a-half, Russia has bolstered military strategies of the Syrian government. At least one state (the United States) has directed an operation against a Syrian military base. And, more broadly, many states provide (other) forms of support or assistance to the government of Syria, to armed opposition groups, or to the civilian population. Against that backdrop, the Harvard Law School Program on International Law and Armed Conflict (HLS PILAC) set out to collect states’ statements made from August 2011 through November 2016 concerning use of force in relation to Syria. A primary aim of the database is to provide a comparatively broad set of reliable resources regarding states’ perspectives, with a focus on legal parameters. A premise underlying the database is that through careful documentation of diverse approaches, we can better understand those perspectives. The intended audience of the database is legal practitioners. The database is composed of statements made on behalf of states and/or by state officials. For the most part, the database focuses on statements regarding legal parameters concerning use of force in relation to Syria. HLS PILAC does not pass judgment on whether each statement is necessarily legally salient for purposes of international law. Nor does HLS PILAC seek to determine whether a particular statement may be understood as an expression of opinio juris or an act of state practice (though it might be).

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Devereux, Stephen. Policy Pollination: A Brief History of Social Protection’s Brief History in Africa. Institute of Development Studies (IDS), 2020. http://dx.doi.org/10.19088/ids.2020.004.

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The relatively recent emergence and sustained rise of social protection as a policy agenda in Africa can be understood as either a nationally owned or ‘donor-driven’ process. While elements of both can be seen in different countries at different times, this paper focuses on the pivotal role of transnational actors, specifically international development agencies, as ‘policy pollinators’ for social protection. These agencies deployed a range of tactics to induce African governments to implement cash transfer programmes and establish social protection systems, including: (1) building the empirical evidence base that cash transfers have positive impacts, for advocacy purposes; (2) financing social protection programmes until governments take over this responsibility; (3) strengthening state capacity to deliver social protection, through technical assistance and training workshops; (4) commissioning and co-authoring national social protection policies; (5) encouraging the domestication of international social protection law into national legislation. Despite these pressures and inducements, some governments have resisted or implemented social protection only partially and reluctantly, either because they are not convinced or because their political interests are not best served by allocating scarce resources to cash transfer programmes. This raises questions about the extent to which the agendas of development agencies are aligned or in conflict with national priorities, and whether social protection programmes and systems would flourish or wither if international support was withdrawn.

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