Relevant bibliographies by topics / Justice, Administration of (Islamic law) – Sudan

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  2. Dissertations / Theses
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Academic literature on the topic 'Justice, Administration of (Islamic law) – Sudan'

Author: Grafiati
Published: 4 June 2021
Last updated: 31 July 2024

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Journal articles on the topic "Justice, Administration of (Islamic law) – Sudan"

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Jamal, Jasri. "Administration of the Islamic Judicial System: An Overview." Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 22, no. 3 (February 22, 2012): 409. http://dx.doi.org/10.22146/jmh.16233.

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Justice in Islam is all-embracing, free from restriction, and universal. Islam governs private and public life, denies deviation from justice, non-discriminative, and holds that all humans are equal before the law and are accountable for their deeds. It is universal because it is applicable to all who accepts its authority. Islam memandang keadilan sebagai sistem yang utuh, bebas dari pembatasan, dan universal. Islam mengatur kehidupan pribadi dan umum, mengajarkan untuk tidak menyimpang dari keadilan, tidak diskriminatif, dan memandang manusia sama di hadapan hukum serta bertanggungjawab atas perbuatannya. Keadilan dalam Islam universal karena berlaku bagi semua manusia yang menundukkan diri padanya.
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Rosenstock, Robert. "The Fifty-Second Session of the International Law Commission." American Journal of International Law 95, no. 1 (January 2001): 221–26. http://dx.doi.org/10.2307/2642063.

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The International Law Commission held its fifty-second session in Geneva from May 1 to June 9, 2000, and from July 10 to August 18, 2000, under the chairmanship of Ambassador Chusei Yamada of Japan. The Commission elected Professor Djamchid Momtaz of the Islamic Republic of Iran and Kamil E. Idris of Sudan to fill the vacancies left by the death of Doudou Thiam of Senegal and the election of Awn Al-Khasawneh of Jordan to the International Court of Justice.
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Evendi, Wakid. "PRINSIP PENGADILAN YANG ADIL BERDASARKAN YURISPRUDENSI ISLAM DAN HUKUM INTERNASIONAL." Jurnal Kajian Hukum Islam 8, no. 1 (March 29, 2021): 51–69. http://dx.doi.org/10.52166/jkhi.v8i1.26.

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A fair trial with respect for human dignity is the most important feature of the measure of Islamic justice and is a guarantee for individuals to enjoy the basic principles of human rights such as freedom and equality. The administration of justice is not only possible because of the existence of substantive laws, but also the executive and formal methods have a prominent and important role to be understood by the current international justice system. However, the weakness of human thought in formulating comprehensive and efficient laws hinders the realization of justice and the achievement of fair court practices. This study intends to identify the principles of fair trial administration from the perspective of Islamic jurisprudence and international law. With a normative juridical approach, this study concludes that the Islamic judicial system includes principles that guarantee the rights of the accused to the highest level, namely the preservation of human dignity.
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Evendi, Wakid. "PRINSIP PENGADILAN YANG ADIL BERDASARKAN YURISPRUDENSI ISLAM DAN HUKUM INTERNASIONAL." Jurnal Kajian Hukum Islam 8, no. 1 (March 29, 2021): 51–69. http://dx.doi.org/10.52166/jkhi.v8i1.26.

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A fair trial with respect for human dignity is the most important feature of the measure of Islamic justice and is a guarantee for individuals to enjoy the basic principles of human rights such as freedom and equality. The administration of justice is not only possible because of the existence of substantive laws, but also the executive and formal methods have a prominent and important role to be understood by the current international justice system. However, the weakness of human thought in formulating comprehensive and efficient laws hinders the realization of justice and the achievement of fair court practices. This study intends to identify the principles of fair trial administration from the perspective of Islamic jurisprudence and international law. With a normative juridical approach, this study concludes that the Islamic judicial system includes principles that guarantee the rights of the accused to the highest level, namely the preservation of human dignity.
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Khan, Naveed Altaf, Zia ur Rehman, and Muneer Ahmed. "A-2 The Legal Maxim “an accused is innocent until proven guilty” and its Applications in Islamic Criminal Law and Criminal Law of Pakistan (A Conceptual and Applied Study)." Al-Aijaz Research Journal of Islamic Studies & Humanities 4, no. 1 (June 30, 2020): 11–21. http://dx.doi.org/10.53575/a2.v4.01.11-21.

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Al Qaidah al Fiqhiyah (Islamic Legal Maxim) is a collection of rules having the same ruling in different chapters but of a specific field of al Fiqh al Islami. (we will discuss latter with some detail about the concept of Qaidah and Dhabit). The Al Aslu Fe al Muttaham Baraahatoho (The accused is innocence until proven guilty) is one the basic principle and maxim of English Criminal Law and so of Pakistani Criminal Law. (a mixture of somehow Islamic and Common Law). This maxim is recognized by Sahriah but in a way that it could not became a shelter for professional criminals and trouble makers in the society because administration of criminal justice system of Islamic Law safeguards the right of accused, but not by putting the right of lives and property of others innocents in vain, so that they spent their lives while reaching about their rights in the hands of unknowns. this work focuses on the literal and technical meaning of the maxim, as well as significance of its consideration in the field of Islamic Criminal Law and also its applications in the field. The study will come with the proofs of the maxim from the verses of Quran and traditions of the Holy Prophet (PBUH). After that it will bring out relevant cases from the Islamic Criminal Law along some of exceptional cases as well. The study will also deal with its relevance with Pakistani Criminal Law, highlighting the common areas of both in traditional Islamic Law and Criminal Justice System in Pakistan, and basic points of differences between them and its impacts while fulfilling the administration of justice.
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Latypov, Vadim S. "Assistance to justice in the modern muslim model of criminal proceedings (on the example of criminal procedure legislation Islamic Republic of Afghanistan)." Gosudarstvo i pravo, no. 11 (2023): 185. http://dx.doi.org/10.31857/s102694520020257-3.

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The article analyzes the institute for the promotion of justice in the Muslim system of law on the example of the criminal process of the Islamic Republic of Afghanistan (based on the Code of Criminal Procedure), but using the canons of the sacred religious scriptures. Within the framework of the conducted research, the conclusion is formulated that in the criminal process of the Islamic Republic of Afghanistan, the persons assisting in the administration of justice should include a witness, an expert and an interpreter, a doctor and a specialist. It is noted that their procedural status is not fixed in the hotel rules, but at the same time, the existence of the rights, duties and responsibilities of these participants mentioned by the legislator in the Criminal Procedure Code of the Islamic Republic of Afghanistan is traced. It is established that the criminal procedure legislation of the Islamic Republic of Afghanistan does not allow to fully ensure the safety of persons assisting justice, since it is limited only to ensuring the safety of a witness (Chapter 7 of the Criminal Procedure Code of the IRA).
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Nisa', Zulia, Afrohatul Laili, and Endri Miftahus Sururi. "Kajian Atas Pemikiran Pembaharuan Hukum Islam Abdullah Ahmad An-Na'im." Fakta: Forum Aktual Ahwal Al-Syakhsiyah 1, no. 2 (August 16, 2023): 41–51. http://dx.doi.org/10.28926/fakta.v1i2.1345.

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The development of thought in the Islamic world that is emerging today is very diverse in politics, economics, feminism, and so on. This idea emerged in Africa, India and Sudan. Apart from these areas, Islamic thought and studies have also developed widely in Europe and America. The term sharia reform that An-Na'im uses as his idea goes beyond Muslim fundamentalism and secularism in responding to contemporary discourse, including justice, democracy, human freedom as individuals and their obligations towards the environment. Is it true that Islam has been able to answer all contemporary problems, is it true that social problems have answers only outside Islam? Shouldn't Islam be a modern ideology that remains alive? This research uses normative research because the research uses library materials as the main data for analyzing cases. This research specifically examines the study of Islamic law reform ideas by Abdullah Ahmad An-Na'im. An-Naim offers a new alternative methodology in uncovering Islamic views on Human Rights. His main concern is Islamic law with its relationship to modern international issues such as human rights, modern constitutionalism and modern criminal law. According to him, Islamic law currently requires total deconstruction reform.
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Karamzadeh, Amin, and Zahra Feiz. "Principles Governing a Fair Trial under Islamic Jurisprudence and International Law." International Journal of Multicultural and Multireligious Understanding 8, no. 2 (February 19, 2021): 452. http://dx.doi.org/10.18415/ijmmu.v8i2.2359.

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A fair trial along with the preservation of human dignity is one of the most important features of Islamic judicial measurement and is a guarantee for individuals to enjoy the fundamental principles of human rights such as freedom and equality. The administration of judicial justice is not only possible due to the existence of substantive laws, but also its executive and formal methods have a prominent and important role in this field, which is also understood by the international judicial system today. However, the weakness of human thought in formulating comprehensive and efficient laws prevents the realization of justice and the achievement of a fair trial. The present article - with a descriptive-analytical method - deals with the formal and principled laws in a fair trial from the perspective of the Islamic judicial system and concludes that the Islamic judicial system includes principles that guarantee the rights of the accused to the highest degree and observe and include this Formal principles and rules in law are a step towards establishing justice in judicial proceedings; However, these laws have been approved and emphasized much earlier than other systems along with the preservation of human dignity in the Islamic judiciary.
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Rahimi, Haroun. "Afghanistan." Yearbook of Islamic and Middle Eastern Law Online 22, no. 1 (June 27, 2023): 127–38. http://dx.doi.org/10.1163/22112987-20230028.

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Abstract The Taliban returned to power in Afghanistan in August of 2021 and revived the Islamic Emirate of Afghanistan (IEA) in place of the internationally supported Islamic Republic of Afghanistan (2004–2021). Within one year of its rule, the IEA has overhauled the country’s legal system in areas of administration of justice, human rights, family law, civil law, criminal law, and commercial law. However, the country’s legal system under the Taliban remains chaotic, disuniform, and overwhelmed.
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Husna, Khotimatul. "Bias Patriarkhi dalam Hukum Keluarga Islam Sudan Tahun 1991 Mempertimbangkan Pengalaman Khas Perempuan untuk Perlindungan dari Diskriminasi." As-Syar'i: Jurnal Bimbingan & Konseling Keluarga 6, no. 1 (August 26, 2023): 438–48. http://dx.doi.org/10.47467/as.v6i1.5010.

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The protection of women from discrimination in Islamic family law is a demand of women's rights fighters, but in Sudan this demand is not accepted because there is still a patriarchal bias in the articles of the 1991 Sudanese family law. These articles discriminate against women in various aspects, both social and biological, because of strong and deep-rooted patriarchal traditions. This study aims to explore eight discriminatory issues against women from articles of patriarchal bias in the 1991 Sudanese family law which views women's rights and obligations as different from those of men in the family. This study uses a descriptive analysis approach with the theory of essential justice proposed by Dr. Nur Rofiah Bill. Uzm. This theory sees women as whole human beings and equal subjects, so that true justice requires consideration of women's experiences which can be biologically and socially different from men's. Data obtained through literature review or library research. This study concludes that the discriminatory articles against women in the 1991 Sudanese Islamic family law are due to the fact that the family law was drafted by government authorities and a masculine societal culture and does not present women's unique experiences as a policy consideration. The reasoning of patriarchal culture in Sudanese family law completely ignores the impact of harm or harm on women. In the end, patriarchal bias articles in Sudanese family law have contributed to perpetuating gender inequality. This confirms that efforts to protect Sudanese women from acts of subordination, marginalization, stereotypes, violence, and double burden face serious challenges because they are legitimized by positive law. As a result, women occupy a weak and weakened position in the family.
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Dissertations / Theses on the topic "Justice, Administration of (Islamic law) – Sudan"

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Ḥumayḍī, ʻAbd al-Raḥmān Ibrāhīm ʻAbd al-ʻAzīz. "al-Qaḍāʼ wa-niẓāmuhu fī al-Kitāb wa-al-sunnah." Makkah : al-Mamlakah al-ʻArabīyah al-Saʻūdīyah, Jāmiʻat Umm al-Qurá, Maʻhad al-Buḥūth al-ʻIlmīyah wa-Iḥyāʼ al-Turāth al-Islāmī, Markaz Buḥūth al-Dirāsāt al-Islāmīyah, 1989. http://catalog.hathitrust.org/api/volumes/oclc/24429501.html.

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Nouwen, Sarah Maria Heiltjen. "Complementarity in conflict : law, politics and the catalysing effect of the International Criminal Court in Uganda and Sudan." Thesis, University of Cambridge, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.609009.

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Meshal, Reem A. "The state, the community and the individual : local custom and the construction of orthodoxy in the Sijills of Ottoman-Cairo, 1558-1646." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=108871.

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Through the evidence of the court records (sijills), this dissertation examines the interplay between Islamic jurisprudence (fiqh), codified sultanic law (qanun) and customary law in the shari'a courts of Ottoman-Cairo in the sixteenth and seventeenth centuries. The thesis forwarded suggests that custom was a declining source of law in these centuries as a result of two factors: the imposition of a codified qanun, and a redacted fiqh.
En se basant sur des procès-verbaux authentiques provenant des tribunaux (sijills), cette thèse examine l'interaction entre la jurisprudence islamique (fiqh), la loi sultanique codifiée (qanun) et la loi coutumière des shari'a des cours de justice d'Ottoman-Caire aux seizième et dix-septième siècles. La théorie développée ici suggère que cette coutume fut une source de loi en déclin durant ces siècles à cause de deux éléments: l'abus d'un qanun codifié, et un fiqh rédigé.
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Moinian, Mohammad. "L'évolution du ministère public en droit iranien." Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32021.

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La Révolution Islamique de 1979 met fin à la monarchie constitutionnelle puis au ministère public en tentant de remédier aux difficultés récurrentes rencontrées par le système judiciaire depuis le début du siècle. Les institutions, furent complètement remaniées, dans l’intérêt du nouveau régime et afin de mettre en place, en rénovant le lien historique entre religions et institutions, une version politisée de l’Islam. Les révolutionnaires, insuffisamment préparés, manquant d’expérience et de connaissances, constatèrent l’échec des nouvelles politiques en matière judiciaire. Le ministère public était indispensable à l’exécution des missions régaliennes de maintien de la sécurité intérieure et de l’ordre public ainsi qu’au fonctionnement de la justice. Cette institution, présente sous des formes archaïques depuis l’antiquité et modernisée lors de la Révolution Constitutionnelle du début du XXème siècle, fut rétablie en 2002
The Islamic Revolution of 1979 broke up the constitutional monarchy then disbanded the public prosecution institution to make an attempt to solve the chronic issues encountered by the judicial system since the beginning of the century. The institutional system was entirely overhauled, in the interest of the new system and in the purpose to establish a new model integrating the historical link between religion and institutions with a political kind of Islam. The revolutionaries, barely prepared, lacking of experience and knowledge, noticed the failure of the new judicial politics. The public prosecution was essential to the fulfillment of the regalian functions, including the maintenance of public order and domestic security, along with the functioning of justice. This institution, existing under varied shapes since antiquity and modernized in the beginning of the century with the constitutional Revolution, has been restored in 2002
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Books on the topic "Justice, Administration of (Islamic law) – Sudan"

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Ibrāhīm, ʻAbd Allāh ʻAlī. Manichaean delirium: Decolonizing the judiciary and Islamic renewal in Sudan, 1898-1985. Leiden: Brill, 2008.

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Ibrāhīm, ʻAbd Allāh ʻAlī. Manichaean delirium: Decolonizing the judiciary and Islamic renewal in Sudan, 1898-1985. Leiden: Brill, 2008.

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Ibrāhīm, ʻAbd Allāh ʻAlī. Manichaean delirium: Decolonizing the judiciary and Islamic renewal in Sudan, 1898-1985. Leiden: Brill, 2008.

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), Lawyers Committee for Human Rights (U S. Beset by contradictions: Islamization, legal reform, and human rights in Sudan. New York: The Committee, 1996.

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Köndgen, Olaf. Das islamisierte Strafrecht des Sudan: Von seiner Einführung 1983 bis Juli 1992. Hamburg: Deutsches Orient-Institut, 1992.

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Navaid, Mohammad Ilyas. Law and justice in Islam. New Delhi: Discovery Pub. House, 2010.

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Marauhn, Thilo, and Hatem Elliesie. Legal transformation in Northern Africa and South Sudan. The Hague, teh Netherlands: Eleven International Publishing, 2015.

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Anderson, Michael R. Islamic law and the colonial encounter in British India. Grabels, France: Women Living Under Muslim Laws, 1996.

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Group, International Crisis. Islamic law and criminal justice in Aceh. [Jakarta]: International Crisis Group, 2006.

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Hayat, Shaukat. An Islamic code of judicial conduct. Peshawar: Sandal Khan Islamic Law Publications, 2000.

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Book chapters on the topic "Justice, Administration of (Islamic law) – Sudan"

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Baderin, Mashood A. "9. Administration of justice." In Islamic Law: A Very Short Introduction, 123–31. Oxford University Press, 2021. http://dx.doi.org/10.1093/actrade/9780199665594.003.0009.

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‘Administration of justice’ examines the administration of justice under Islamic law, highlighting the importance of adjudication. The processes of administration of justice in Islamic law have never been static or inflexible but leave room for necessary refinement as the needs of substantive justice demand. Such refinements are left to the jurists and the relevant state authorities to decide in accordance with the sharīʻah. The jurisprudential rules relate to the appointment and role of judges, structure of courts and judicial procedure, rules of evidence, and appeals and judicial reviews. Islamic law also recognizes alternative non-judicial means of settling disputes, such as arbitration or mediation (tahkīm) and amicable settlement or conciliation (sulh).
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Lev, Yaacov. "The Law of the Market." In The Administration of Justice in Medieval Egypt, 184–201. Edinburgh University Press, 2020. http://dx.doi.org/10.3366/edinburgh/9781474459235.003.0006.

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The chapter examine the nature of the hisba institution and early hisba manuals. Although the hisba law belongs to the realm of customary law, the Islamic concept of ‘commanding right and forbidding wrong’ had been grafted onto the hisba law. This mechanism provided an Islamic aura for the market inspector’s actions. The chapter also examines the grain economy of Fustat-Cairo and how the famine of 1024-1025 was handled by the market inspector and the regime. They handled the crisis at the political level, irrespective of doctrines related to fixing of prices.
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Baldwin, James E. "Royal justice: The Dīvān-i Hümāyūn and the Dīwān al-ʿĀlī." In Islamic Law and Empire in Ottoman Cairo. Edinburgh University Press, 2017. http://dx.doi.org/10.3366/edinburgh/9781474403092.003.0004.

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Chapter 3 examines in detail two institutions which represented the direct involvement of the empire’s executive authorities in the mundane administration of justice: the Dīvān-i Hümāyūn (Imperial Council) and the Dīwān al-ʿĀlī (Ottoman governor’s tribunal). The chapter demonstrates considerable overlap in the jurisdictions and caseloads of these institutions and the sharīʿa courts. It then seeks to understand the relationship between these institutions by focusing on the role of particular officials within them. In particular, it explores the role of the qāḍī, arguing that the qāḍī’s essential role was the determination of facts through the application of procedure, and that he performed this role within or on behalf of all of these institutions. Rather than representing an alternative form of justice, in line with some theories of maẓālim and siyāsa, the Dīvān-i Hümāyūn and the Dīwān al-ʿĀlī shared the same essential attitude towards evidence and proof as the sharīʿa courts.
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"Chapter Six. The Impact Of Qisas And Diyat Law On The Administration Of Criminal Justice In Pakistan." In The Application of Islamic Criminal Law in Pakistan, 239–82. Brill | Nijhoff, 2009. http://dx.doi.org/10.1163/ej.9789004172258.i-408.53.

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Provost, René. "Legality of Rebel Courts—Islamic State and Taliban Justice." In Rebel Courts, 101–218. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190912222.003.0003.

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Chapter 2 assesses the legality of rebel courts pursuant to applicable rules of public international law, with the case studies of the rebel administration of justice by the Islamic State and the Taliban. The Islamic State at one point controlled a territory in Syria and Iraq as large as the United Kingdom. It had a highly developed institutional structure that was quite bureaucratic in nature, including a multi-tier court system that imposed harsh but undeniably effective justice. The Islamic State forcefully rejected notions such as the rule of law and judicial independence and impartiality. The Taliban has a hierarchical governance structure, in which courts are somewhat separate from other sections. Taliban judges are trained Islamic scholars who constantly rotate from province to province, and there are provincial appeal court and central apex courts. The very concept of a “court” used in international law norms applicable to armed conflicts implies some basic attributes that will not be met by any and all adjudicative body. That said, the concept of a “regularly constituted court” in international humanitarian law and of a “court established by law” in human rights law correspond to basic criteria that are not impossible to meet for an armed group. Likewise, the institutional requirement of independence and impartiality that define what is a court, once adapted to the reality of a non-state armed groups operating in a conflict zone, can indeed be met by some armed insurgents.
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Lhost, Elizabeth. "Interlude I." In Everyday Islamic Law and the Making of Modern South Asia, 23–29. University of North Carolina Press, 2022. http://dx.doi.org/10.5149/northcarolina/9781469668123.003.0002.

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In 1772, the “Plan for the Administration of Justice,” commonly known as the Hastings Plan, stipulated that “all Suits regarding Inheritance, Marriage, Caste, and all other religious Usages or Institutions” should be decided according to the Qurʾan for Muslims and the “Shaster” for Hindus. Invoking religious communities and religious texts, the plan laid the foundation for religious legal pluralism in British India and serves as a jumping-off point for histories of law and religion in colonial and postcolonial South Asia. Interlude I examines the plan and its underlying assumptions and demonstrates why the plan is both emblematic—and problematic—for the history of Islamic law in British India.
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