This institution is related with the verses of Holy Quran, which tells us the obedience of the laws of Allah. Al-Mawardi explains two different opinions of fuqaha as whether caliphate is necessary for rational reasons or it is prescribed in the
A Critical Study of Conscience and Conviction through the Work of Brownlee Tanisha Agarwal Institute of Law, Nirma University Abstract Kimberley Brownlee’s book Conscience and Conviction explores the nature of Conscience and Conscientious conviction and throws insight upon acts of civil disobedience, justifying them with innovative arguments. The book is divided into two parts- Morality and Law. The first part talks about morality of conviction and how civil disobedience is justified by a duty based moral right of conscience. The second part relates conviction to law and how civil disobedients have a moral right not to be punished. I will critically examine the main themes of the book through my own inputs and examples and by drawing comparisons from real life and works of notable philosphers.
The main focus for this is to show balancing extreme and fanatical acts on a man’s life. According to Prof. Hassan, moderation is an Islamic concept included on Islam’s two primary sources; the Quran and the Sunnah (the Prophet’s tradition). Besides on these two primary sources, Prof. Hassan premised the concept of wasatiyyah on three key values of Islam; iman (belief), `ilm (knowledge) and taqwa (compliance to divine guidance). There are 5 aspects of Wasatiyyah included worship, constancy and flexibility, here and hereafter,
Law is defined as the principles and regulations established in a community by some authority and applicable to its people, whether in the form of legislation or of custom and policies recognized and enforced by judicial decision. It is also possible to be described as the body of official rules and regulations, generally found in constitutions, legislation, judicial opinions, and the like, that is used to govern a society and to control the behaviour of its members, so law is a formal mechanism of social control. Legal systems are particular ways of establishing and maintaining social order. Morality, on the other hand, is defined as the principles concerning the distinction between right and wrong or good and bad behaviour. It speaks of a system of behaviour in regards to standards of right or wrong behaviour.
ajweed when related to the Holy Quran, means recitation of the Holy Quran in the way the prophet Muhammad (PBUH) recited the Quran. Tajweed in general means ‘to make it fine”. As the Holy prophet was the only person who produced the rightist pronunciation of the Almighty’s words in the Holy Quran. It is therefore imperative to learn Tajweed to apply the same to read the Holy Quran for getting exact pronunciation and meanings of the Quran words. The word Tajweed linguistically means 'proficiency ' or 'doing something well '.
Shariah is like the direction to go to something good and useful for our good. Shariah in the sense of religion means the direct path of human life to the right path.The term Shariah in Islam carries two meanings: the first relates to the commands of Allah which covers all aspects of human life; and the other two relate specifically to the Islamic law or jurisprudence. Shariah word also has a correlation with the word 'din ', which literally means
The Methodology of Sabab Nuzul and it Significance and Benefits Sabab and nuzul is two different word. The literal meaning of sabab is cause, reason, motive or occasion while the literal meaning of nuzul is to send down or to reveal which it is refer to Allah that send down the revelation to his prophets. Next, the technical meaning of sabab nuzul is there is the events and questions during which quranic verse or quranic chapter were revealed. Hence, there are two reasons of revelation which are events or incidents and questions. Generally, method of knowing sabab nuzul is through reports and narrations quoted from companions and tabi`un and reasoning.
The codes of ethics are repeatedly stressed throughout the Holy Qur’an. Besides, there are numerous teachings of the Prophet (SWS) which cover the area of ethical values and principles. According to the Holy Quran, it says that “You are the best nation that has been raised up for mankind; you enjoin right conduct, forbid evil and believe in Allah. (3:110). From Islam perspectives, Islam has its
When parties choose .to proceed with .ad hoc arbitration, .the parties have the .choice of drafting their .own rules (most referred is the UNCITRAL Rules) and procedures .which fit their needs, as per the .nature of the dispute. Institutional arbitration, .on the other hand, is one in which .a specialized institution with a permanent character intervenes and assumes the functions .of aiding and administering .the arbitral process, as provided by the rules .of such institution.. Basically, the .contours and the procedures of the arbitral proceedings are .determined by the .institution designated by the .parties. Such institutions may also provide qualified arbitrators empanelled with .the institution. As a result of .the structured process and .administrative support provided .by institutional arbitration, it provides .distinct advantages, which are .unavailable to parties opting .for ad hoc arbitration. .Taking into consideration, the mentioned advantages, Law Commission of .India has suggested promotion .of institutional arbitration by recommending appropriate .proposals which it .hopes will be used .by the Supreme Court and High .Courts to promote institutional arbitration..
Given the great number and variety of arbitral institutions, it is necessary to analyze the provisions contained in their rules, the manner in which arbitrators are selected and costs. In order to avoid confusion in the identification of the institution or misinterpretations concerning the scope of the agreement, it is recommendable to adopt the model clauses commonly used by the institution. In ad hoc arbitration, it is essential that the arbitration agreement contain the manner in which arbitrators are to be appointed. One possible –and advisable– way is to designate in the agreement an appointing authority to prevent the arbitration from being delayed or frustrated by the lack of cooperation of one of the parties to designate the arbitrators. In institutional arbitration, even though the rules contain provisions on this issue, the parties are generally authorized to agree on a different manner of appointing arbitrators.