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Prikazi

Author(s): Rifat Alihodžić,Šerbo Rastoder,Safet Hadrović Vrbički,Senad M. Karađuzović,Sead Bandžović,Sait Š. Šabotić,Ismet Dedeić,Kostas Mavrakis,Alen Peričić,Selma Đečević / Language(s): Bosnian Issue: 83-84/2020

Reviews of: 1. Zlatko Karač, Alen Žunić „Islamska arhitektura i umjetnost u Hrvatskoj. Osmanska i suvremena baština“, „Islamic Architecture and Art in Croatia. Ottoman and contemporary heritage“, Arhitektonski fakultet Sveučilišta u Zagrebu, UPI-2M PLUS Zagreb, 2018. Review by: Rifat Alihodžić; 2. „Modernost Zlatka Glamočaka“, Review by: Kostas Mavrakis; 3. Gani Karamanaga „Gradski Pazar“, Review by: Šerbo Rastoder; 4. Šerbo Rastoder, „Murteza Karađuzović (1865 - 1941), muftija crnogorskih Muslimana“, Almanah, Podgorica, 2019, Review by: Alen Peričić; 5. Mehmed Pargan „Grad u cvatu magnolije“; Izdavač: BMG Bosanska medijska grupa, Tuzla, 2018., Review by: Safet Hadrović Vrbički; 6. „Slovo o knjizi“, Review by: Senad Karađuzović; 7. Harun Karčić „Šerijat i pravni pluralizam u Evropi: primjeri koegzistencije religijskog i sekularnog prava na Starom kontinentu“, Centar za napredne studije, Sarajevo, 2018, str. 206., Review by: Sead Bandžović; 8. „Slike Aldemara Ibrahimovića - arhitektura sjedinjenog vremena“ (uz izložbu Aldemara Ibrahimovića u Modernoj galeriji u Podogorici), Review by: Selma Đečević; 9. Enes Pelidija, “Osmanisti Bosne i Hercegovine do kraja XX stoljeća”, knj. I, Mostar, 2019, 237 str., Review by: Sait Š. Šabotić; 10. „Sandžački Bošnjaci u brčanskom kraju: Posavina u srcu, Sandžak u duši“, Review by: Ismet Dedeić

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RES PUBLICA - RES PRIVATA ET LEURS TRANSFORMATIONS – L’EXEMPLE DE L’EMPHYTEOSE EN DROIT ROMAIN

Author(s): Malina Novkirishka- Stoyanova / Language(s): French Issue: 2/2019

In the modern legislation and in the jurisprudence, we don’t find an insurmountable limit between public and private property, which gives the possibility of the various transformations for the public interest compatible with the private interest. During the centuries there are two opposite directions in this sense: expropriation and confiscation of private property and privatization or private use of public goods. The origins of modern practices and institutions in these two sectors are found in Roman law, which establishes the basic principles and presents a vast series of cases and rules that can also be useful for contemporary jurisprudence. From this perspective, the example of Roman emphytosis is presented as a regulation of concessions and agricultural leases adapted to the public interest as well as to the private interest.

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OCJENE I PRIKAZI

Author(s): Hilmo Neimarlija,Fikret Karčić,Enes Pelidija,Edin Radušić,Ruhulah Hodžić,Ahmed Zildžić,Sead Bandžović,Mirza Sarajkić,Amer Maslo,Emina Mostić,Hadžija Hadžiabdić / Language(s): Bosnian Issue: 41/2020

Review of: Hilmo Neimarlija - Enes Karić i Mustafa Spahić, NASUPROT ZLU : MUSLIMANSKE REZOLUCIJE IZ 1941. – ZAJEDNIČKA IZJAVA IZ 2015, Sarajevo: El-Kalem, 2019, 120 str. Fikret Karčić - David Motadel, ISLAM AND NAZI GERMANY’S WAR, Cambridge Mass., The Belknap Press of Harvard University Press, 2014, 512 str. Enes Pelidija - Šerbo Rastoder, MURTEZA KARAĐUZOVIĆ (1865–1941) : MUFTIJA CRNOGORSKIH MUSLIMANA, Podgorica: Almanah, 2019, 326 str. Edin Radušić - Aladin Husić, KADILUK TEŠANJ U DRUGOJ POLOVINI 18. STOLJEĆA (TEŠANJ, MAGLAJ I ŽEPČE U SVJETLU AKATA TEŠANJSKOG SUDA), Sarajevo: Gazi Husrev-begova biblioteka u Sarajevu, 2020, 304 str. Ruhulah Hodžić - ZBORNIK RADOVA PRVE MEĐUNARODNE KONFERENCIJE O ZAŠTITI PISANOG NASLIJEĐA, SARAJEVO 16. i 17. 9. 2019, Sarajevo: Gazi Husrev-begova biblioteka u Sarajevu, 2020, 233 str. Ahmed Zildžić - Munir Mujić, MOĆ I GRANICE KOMENTARA: KOMENTAR AL-MAQĀME AL-RŪMIYYE NEPOZNATOG AUTORA, Sarajevo: Centar za napredne studije (CNS) i Orijentalni institut Univerziteta u Sarajevu, 2020, 248 str. Sead Bandžović - Fikret Karčić, SHARIʻA COURTS IN YUGOSLAVIA 1918–1941, Sarajevo: Center for Advanced Studies, 2019, 196 str. Mirza Sarajkić - Esad Duraković, CLASSICAL POETRY IN THE ARABIC, PERSIAN AND TURKISH LANGUAGES: A POETOLOGICAL APPROACH, Translated by Selma Đuliman, Ankara: Turkish Academy of Sciences, 2019, 269 str. Amer Maslo - Olga Zirojević, IZ OSMANSKE BAŠTINE, Beograd: Balkanski centar za Bliski istok, 2018, 157 str. Emina Mostić - Ahmed Zildžić, I PRIJATELJ I NEPRIJATELJ: RANO OSMANSKO DRUŠTVO I IBN ʻARABĪ, Univerzitet u Sarajevu, Orijentalni institut, Posebna izdanja LXI, Sarajevo, 2020, 261 str. Hadžija Hadžiabdić - Nurija Agić, BOSNA U EVROPSKIM ENCIKLOPEDIJAMA ili Hronologija krivotvorenja historijske logike, Bosanska riječ, Tuzla 2019, 421 str.

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SECURITY CULTURE: GALVANIZING A NEW IDENTITY THROUGH VALUES EXCHANGE. CASE STUDY: UNITED ARAB EMIRATES

Author(s): Alexandra Maria Galan / Language(s): English Issue: 1/2021

It has become more and more important to study the interconnections across the cultural and security sector and imagine how changes in one sector can disrupt operations in the other one. This paper is trying to chart the eVol.ution of cultural influences over state security, arguing that security interests are defined by leaders who respond to cultural factors.Also, by analyzing the basic cultural dimensions, we will be able to see in what measure citizens coming from different states, with a different history, values, ideology, politics, religion, can influence the security policy and strategy of the state where they are relocating.

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DIGITAL CALIPHATE: ISLAMIC STATE, MODERNITY AND TECHNOLOGY

Author(s): Aleksandar Gajić,Ljubiša M. Despotovic / Language(s): English Issue: 2/2021

This paper observes some of the most distinguished characteristics of the Islamic State related to the use of modern technology and tries to drawn some important conclusions between the terrorist’s quasi state, modernity and technology. After the examination of the functioning of IS at the peak of its powers between 2014 and 2017, the analysis turns to terrorists’ various online activities. All of them are showing the Islamic State’s reliance on modern technology, especially IT, as one of the most important aspects of its terrorist activities that greatly contributed not only to the effectiveness, but to the essential definition of first modern terrorist quasi-state. The second part of the paper deals with the Islamic State`s fully reliance on technology in its own legitimization (both among Islamist rivals and “infidels”). The celebration and the fascination with modern technology as main IS characteristics make it different from other Islamist terrorist groups, and trying to establish relations between modernity and terrorism based on religious fundamentalism. The paper also tries to find answers to the question whether IS’s ultra-modern techno approach is responsible for its transformation from a classical fundamentalist terrorist group into some kind of modern political ideology and a social movement with totalitarian and murderous characteristics.

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«MAIORA QUIS PONDERA TIBI COMMODAVIT CUM EMERES AD PONDUS». БЕЛЕЖКИ КЪМ D. 47.2.52.22 (ULP., 37 AD ED.)

Author(s): Mariagrazia Rizzi / Language(s): Bulgarian Issue: 1/2021

The article is aimed at a thorough analysis of the solution of a legal case originally offered by Mela and then proposed again by Ulpian, regarding the lending of pondera maiora, which were used by the borrower to weigh goods for the purpose of purchasing said goods. Mela identifies the lender of the weights as a legitimate subject to an actio furti brought in by the seller of those goods; the text also contains an additional remark that the borrower/buyer will have to respond to the same action, if he has scientia about the incorrectness of the weights. The author examines the various hypotheses brought forward by scholars so far, and offers a new interpretative key to the case in an attempt to understand the reasoning that might have led Mela to his solution – a reasoning, which possibly might have been more sophisticated than recognized until now.

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ИЗВЪНРЕДНО ДОГОВОРНО ПРАВО ИЛИ КАК ДА УРЕДИМ ДОГОВОРНИТЕ ПРОБЛЕМИ ПО ВРЕМЕ НА ПАНДЕМИЯ

Author(s): Pascal Pichonnaz / Language(s): Bulgarian Issue: 1/2021

Despite the significant number of measures taken by the Swiss Federal Council (Government) in relation to the COVID-19 pandemic, problems regarding the economic balance between contracting parties have not been subject to specific interventions. The article points out that an individualistic approach, in particular through the rules of unforeseeability, is partly unsatisfactory in view of the systemic issues at stake and the risk that the burden of all additional individual actions represents for the judicial system as a whole. The author stresses the importance of a duty of renegotiation between the parties, based on the rules of good faith in business, the content of which must take into account a dynamic approach, inspired by historical experience. The article then suggests substantive and procedural rules for an extraordinary contract law to deal with systemic contractual imbalances. A relational approach to the contract, as well as a more solidarity-based conception of it, must lead to renegotiations and group settlements, which are relatively binding for the contracting parties, or even to solutions imposed by the authorities as a last resort.

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ОТНОШЕНИЯ МЕЖДУ ЗАПАДНОЧЕРНОМОРСКИТЕ ГРАДОВЕ-ДЪРЖАВИ И РИМ ПО ВРЕМЕТО НА ПРИНЦИПАТА

Author(s): Tihomir Rachev / Language(s): Bulgarian Issue: 2/2021

The expansion of the Roman Empire during the Principate leads to the creation of various unions between Rome and Black Sea city-states. The relations between Roman and local authorities is a question of great importance for the understanding of the integrational processes in the Empire. One example of such a union is the Western Pontic koinon among Istrum, Tomis, Callatis, Dionisopolis, Odessos and Mesambria. The analysis of this union can reveal the mechanisms of integration and government during the classical period of Roman law. This article aims to examine the relations between Rome and the Western Black Sea Coast city-states in order to reveal the basic principles of cooperation and integration of these cities under Roman rule.

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SOME ASPECTS REGARDING THE WORSHIP OF WATER IN ROMAN MYTHOLOGY

Author(s): Cristina Pop / Language(s): English Issue: 2/2021

The worship of the water is part of religious practices of all polytheist peoples from Antiquity. It also held a large place in legends and in worship among Romans. For them, the sources of water, rivers and seas were inhabited by deities who were to be pleased and appeased with prayers and sacrifices. They were among the indigetes and appeared in the indigitamenta of the pontiffs, as in the ritual formulas of the augures. Therefore, Romans, in order to attract their good graces and turn away their anger, addressed prayers to gods of water, offered them sacrifices, built shrines and temples for them.

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ROMA CONTRA PIRATAS

Author(s): Velina Stoyanova / Language(s): English Issue: 2/2021

This paper examines some of the legal perspectives of Rome’s fight against piracy. The main objectives of the study are to touch upon the notion of piracy in Republican Rome and the actions that were taken by the State against these „sea bandits“.

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End-of-Life Decisions for Muslims in Albania. An Interdisciplinary Approach

Author(s): Denard Veshi,Ervin Pupe / Language(s): Bosnian,English Issue: 2/2021

This study investigates end-of-life decisions through Islamic and legal comparativeapproaches by focusing on the Albanian context. The methods applied in this paperare critical legal reasoning and legal comparison. The goal of this research is toreview the impact of the Islam legal culture (Qur’an and hadith) on the Albanianlaw of end-of-life decisions. From a legal approach, this paper underlines the unconstitutionality of the Albanian Code of Medical Ethics. In addition, the review ofthe Islamic literature on medical jurisprudence demonstrates the attitude of Muslimcommunity regarding end-of-life decisions in addition to scientifically examine thevarious rules governing end-of-life situations codified in the Islam legal sources byonly considering the Qur’an and hadith. This investigation aims to understand the similarities and differences between these two different approaches by also underlyingthe importance of Islam approach on end-of-life situations on the Albanian legislation.

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The Use of English in Contemporary Malaysian Feminist Activism

Author(s): Alicia Izharuddin / Language(s): English Issue: 1 (15)/2013

Feminism and the women's movement in Malaysia are products of specific historical and political contexts. Following this logic, the language used in feminist activism can also be seen as product of similar contexts. The focus of this article is the current state of the feminist movement in Malaysia and its linguistic framework as the effects of changes in language policy. This article then considers the use and relevance of feminist theory in Malaysian feminist activism as linked to the predominance of English in Malaysian feminist discourse. This article also argues that the predominance of English poses challenges to the inclusion of working-class class feminist agendas but offers opportunities in strengthening transnational feminist linkages. Language thus becomes an underlying issue which may explain the successful inroads and setbacks faced by feminist organizations in Malaysia. The issues of language and hegemony of this article couches itself within ongoing debates on Anglophone hegemony in feminist discourse in non-Western nations and how feminist concepts in English are engaged in multilingual contexts.

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CONSIDERATIONS ON THE CONCEPT AND HISTORICAL-LEGAL EVOLUTION OF USUCAPIO IN ROMAN LAW

Author(s): Carmen Salcedo / Language(s): English Issue: 1/2022

This paper aims to give a greater perspective to the study of an institution that even today presents complex situations because the usucapion or acquisitive prescription works as a kind of consolidation of a right, provided that a possessor has been for a certain period of time. Each legal system establishes the point of equilibrium between the interests confronted in a usucapion case based on certain elements, therefore it is useful to analyze the Roman legal experience as a scientific foundation of this complex institution that constitutes one of the great themes of the law of things.

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Osmanska poreska politika u svjetlu neobjavljene izvorne građe

Author(s): Amir Krpić / Language(s): Bosnian Issue: 18/2022

Review of: Fahd Kasumović, Na periferiji svijeta islama: Osmanska poreska politika u Bosanskom ejaletu 1699-1839, Univerzitet u Sarajevu, Orijentalni institut, Sarajevo, 2021.

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SOME PARTICULARITIES OF THE IURISDICTIO IRNITANA: COMPETENT COURTS AND ANALYSIS OF THE LEGISLATIVE RESPONSES THAT SUPPORT AND SUSTAIN THE PREVALENCE OF THE AGREEMENT OF THE ADVERSARII

Author(s): Juan M. Alburquerque / Language(s): English Issue: 2/2022

We will make a brief review and a summary analysis of the most characteristic and particular profiles of the iurisdictio Irnitana, of the more traditional notion of iurisdictio, and, in a more detailed way, we will focus our attention on the competent organs and courts (duumviri, aediles, prefects, municipal senate and court of five decuriones). We will also highlight the different options of the adversarii in the different courts and the special relevance granted by lex Flavia Municipalis to the agreements of the subjects in the lawsuits of the municipality.

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Cuâle’nin Bir Finansman Vasıtası Olarak Kullanılması: Karz Temini İçin Yapılan Ödül Vaadi (Cuâle ale’l-iktiraz)

Author(s): Muhammed Usame ONUŞ / Language(s): Turkish Issue: 2/2022

According to Islamic law, there are rules and prohibitions that Muslims must follow in their actions and transactions. The prohibition of interest has been decisive in many actions, especially in debt. Accordingly, Muslims cannot put forward a condition of interest in their debt, nor can they take any transactions under this condition. Many jurists viewed interest not only as an excess of the debt but also as any benefit that the creditor would receive from the debtor other than the amount of the loan, and they evaluated it within the scope of interest. Since the lender of “qard”, which is generally used to define the debt, should not receive anything in return and should expect its reward from Allah, this was called “qard al-hasen”, quoting the relevant verses of the Qur’an, and Muslims tried to meet their credit needs through qard al-hasen. However, in some cases, people had difficulty obtaining the credit they needed, and especially in the modern period, the need for credit has increased both individually and institutionally. Therefore, Muslims tried to meet their need for qard by resorting to different ways within the limits of the Shariʽah. While applications based on transactions such as sukuk, mudaraba and murabaha and those based on intermediary transactions such as the purchase and sale of goods or partnerships were developed, applications based on direct debt without resorting to such transactions remained almost nonexistent. However, from the expressions in the books of classical fiqh, it is understood that the juʽalah, which is defined as “promising a reward in return for an action”, can be used for obtaining qard under certain conditions. In this type of juʽalah, which can be named as juʽalah ala al-iqtirad, a person in need of qard promises a certain reward from third parties to the person who provides him qard. Considering that there is a qard in question in this transaction and that the debtor pays more than the qard he has received, it is necessary to examine the opinions about this transaction's relationship with interest and its validity. The main focus of the research will be answers to questions such as the conditions that the aforementioned juʽalah transaction must meet to be valid, in what ways this transaction differs from interestbearing transactions, and within which limits.

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1742-1800 YILLARI ARASINDA ERZURUM EYALATİNDE VAKIFLARA AİT SORUNLAR (1, 3, 5, 7 ve 9 NUMARALI ERZURUM AHKÂM DEFETERLERİNE GÖRE)

Author(s): Mehmet KOÇYİĞİT / Language(s): Turkish Issue: 59/2023

Foundation organizations had a very important place in the social, cultural, economic and legal structure of the Ottoman Empire. The main sources of reference for archival research on foundations are the series of books such as waqfiye, hurûfat, atik, ahkam, etc. In the ahkam books, which are among the main series of books in the Divani Humay, there are many complaints about the functioning of foundations, problems faced by foundation officials, interventions in foundation revenues and lands belonging to the foundation, claims of sonship in foundations, maintenance and repair of foundations. In this study, the problems of foundations reflected in the Erzurum Ahkam books numbered 1, 3, 5, 7 and 9 and the proposed solutions to these problems are analyzed.

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ANALIZA SLOBODA U MUSLIMANSKIM DRUŠTVIMA IZ PERSPEKTIVE BOSANSKIH AUTORA

Author(s): Senad Ćeman / Language(s): Bosnian Issue: 24/2023

Review of: Admir Čavalić i Resul Mehmedović (ur.), Slobode u muslimanskom svijetu, Udruženje građana „Multi”, Tuzla, 2022

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Mu‘tezilî Âlim Kâdî Abdülcebbâr Şâfiî Miydi?

Author(s): Bahaddin Karakuş,Ahmet Yaman / Language(s): Turkish Issue: 1/2024

One of the figures who deeply influenced Islamic thought in general and fiqh thought in particular is undoubtedly Qāḍī 'Abd al-Jabbār (d. 415/1025). Most of his life took place in the 4th/11th century and he was the most important representative of the Basra Muʿtazilites after the Jubbāʾīs. With his works in both theology and the methodology of jurisprudence, he was regarded as a groundbreaking scholar not only in Muʿtazilite circles but also in Sunnī circles. According to the common opinion of many Sunnī jurists, 'Abd al-Jabbār is one of the most important figures in the field of usul al-fiqh after Imam Shāfi'ī. Having been so influential in the fields of theology and methodology, it has been a matter of curiosity in which systematic framework Qāḍī ʿAbd al-Jabbār conducted his practical life and whether he maintained his allegiance to the Shāfiʿī madhhab, which he had adopted as a student. In the relevant literature, the claim that Qāḍī ʿAbd al-Jabbār adopted the Shāfiʿī madhhab throughout his life has been widely voiced. So much so that in the works of tabakāt, where Shāfiʿī jurists are introduced, ʿAbd al-Jabbār is included as a Shāfiʿī. This understanding, which has continued until today, has become a continuing acceptance in academic studies. But is this the reality? In pursuit of this question, the present study examined the issue in the following steps: First, the claims in the literature about Qāḍī 'Abd al-Jabbār's path in fiqh are presented, and then 'Abd al-Jabbār's position in Mu'tazilite jurisprudence is presented. After mentioning the distance of the founding imam of the sect, al-Shāfiʿī (d. 204/820), who is claimed to have been adopted by a Muʿtazilite scholar, from the Muʿtazilites and even his struggle with them, Qāḍī ʿAbd al-Jabbār's opposition to Imam al-Shāfiʿī's famous views on usul was identified. This study, which proceeds by comparing ʿAbd al-Jabbār's views on usul with Imam Shāfiʿī's views on usul, concludes that his claim that he adopted the Shāfiʿī madhhab in the practical field is not very accurate. Conducting the comparison through the six (6) most distinctive issues of Shafi'i juristic thought, the study shows that 'Abd al-Jabbār clearly opposed Imam Shafi'i and the Shafi'i jurists. These six issues, which are among the most important topics of debate in Islamic legal methodology, are as follows: Whether the Qur'ān and Sunnah can abrogate each other, the prerequisite for the acceptance of the Prophet's words and deeds is their submission to the Qur'ān, that is, the determination of whether they are compatible with the relevant regulation of the Qur'ān in order to be evidence, and istihsān, which means abandoning the ruling reached as a result of syllogism on the basis of a justification and making another ruling, In the event that the new issue awaiting a solution is similar to two or more principals/makisu'n-'aleyh, the syllogism of shabah, which means to give the ruling of the new issue in question to this original by taking into account the original that is thought to be the most similar in many respects, whether the proof of the opposite concept, which means the transfer of the opposite meaning of a word, i.e. the opposite meaning of a word, to the issue that is the opposite of the issue in that word and whose ruling is not specified, should be considered as a sahih istidlal, and the meaning of the imperative.

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СИСТЕМА НА НАКАЗАНИЯТА В РИМСКОТО ПРАВО

Author(s): Silvia Stoyanova / Language(s): Bulgarian Issue: 1/2024

The article is devoted to the system of punishments in Roman law. Systematization of the most common and popular punishments. The Roman legal concept of punishment and one of the main principles in Roman law - Nullum crimen sine lege, nulla poena sine lege - are examined. Some basic criminal law institutes are also presented.

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