Ernesto Miranda was arrested at his home and taken to the police station in phoenix, Arizona, where he was interrogated by two police officers for two hours. He was not advised of his right to remain silent or his right to attorney. Miranda signed a written confession, and was later convicted of kidnapping and rape. He appealed his conviction to the U.S. Supreme Court. The Supreme Court was asked to decide whether statements by suspects during custodial interrogation, where the suspect was not advised of his right to remain silent or to have any attorney, are admissible in court. The court held that the evidence was not admissible, and that Miranda was therefore entitled to a new trial. Ernesto Miranda was later retried for the same offense without using his confession, and was reconvicted on other evidence. The police gave his alleged assailant, an illegal alien; the proper Miranda rights (warnings).
The case of Miranda v. Arizona, 384 U.S. 486,1966, is the best known and perhaps the most significant case ever decided by the U.S. Supreme Court in the area of criminal procedure.
During the twentieth century, the economic cooperation between the states reached new horizons with the creativity of the efforts leading to the extension and creation of various forms of companies, to cover such cooperation in the private sector.
The economic development pushed many companies to extend their activities outside the borders of their homeland, either outside the country of incorporation or outside the country of principle administration location. Such expansion took the form, inter alia, of having sister companies or branches or acquisition of the majority of shares in foreign companies. New forms of companies with powerful economic situation started to dictate the states economic policies. International economic conferences were held aiming to facilitate the tasks and functions of such companies. The WTO, although formed from states, draws policies which reflect the transnational or multinational companies lines. In this research we tried to follow the reaction of the domestic legislators, doctrine and practice to this new phenomenon taking into consideration the position of the traditional domestic trend of uni-nationality of every company notwithstanding the criteria of the link between the state and the company. We concluded that the major domestic legal systems did not give sufficient attention to organize the entity of such companies, with them focusing only on the regulation of their function. This necessitates a formal review of the companies law to introduce a special form of companies organized under the title (The Transnational Companies).
Allah gives the Muslim the opportunities to face different problems and solve them. The procedure of firmness was there in the Glorious Qur’an and Sunna. The researcher tries to collect information about ways of temptations to avoid them by following fifteen ways as follows: 1- Recitation of Qur’an. 2- Following advises of the Islamic religion. 3- Taking reason from Qur’anic stories. 4- Praying to Allah for help. 5- Remembrance of Allah all the way. 6- To have good behaviors and manners.7- Pedagogy to self, family, neighbors, and around. 8- Confidence about firmness on Qur’an and Sunna. 9- Preaching and practicing good. 10- Collecting good characters and using them. 11- Getting knowledge about falsehood and do not conceit on it in any way. 12- Surrounding around firmness elements. 13- Victory for Islam will come inspite of the numerous enemies. 14- Following the recommendations of righteous people and getting benefits of that. 15- Meditation of paradise life, hill-fire life and thinking about death. The conclusion contains the results and recommendations.
The study concluded that checks are considered legal as paper money when traded in selling and buying gold and silver whose value covers sufficient balance in a process that meets and satisfies banking and legal terms. These checks are also traded as paper money in receiving and endorsement, enjoying legal protection in the country similar to bank certified and traveling checks. Hence, checks can be used in selling gold and silver valued as jewelry on the condition that receiving as well as other terms are taken into account. However, checks can be used in selling gold and silver as commodity even if receiving is on credit (not in cost) and a deal allowed under the rule of Shari'a. In addition, unlike old ages, gold and silver at present have no longer monetary status in the view of people’s norms and customs, and they are dealt with as commercial offers in the people’s present daily transactions.
Gold is coined as Dinars to function as value measurement and means to exchange goods and services, but if gold is shaped as jewelry, it will be treated like any other commodity, which is liable to be traded with other commodities or paper money without any type of interest. Therefore, paper money as well as checks can be used in selling and buying gold and silver without necessarily considering them as a type of receiving in cash that occurs in the form of bedding and offerings because checks are considered as paper money in the norms of people- and God the Almighty is the only one who knows.
This study discusses one of the important endowment issues, which often arises as a result of the development of the current life situations, especially what pertains to the sponsorship of endowed land and real estates if such properties are reverted to ruins and found no sponsor, either individuals or institutions, to renovate them. Thus, a long-term lease of this land would be a way out of this dilemma, i.e., by renting the endowed land on long-term basis, where the leaseholder shall have the priority to utilize this endowed land, in accordance with specific conditions that guarantee preventing others from competing with him, regarding the right of what to do with that land and the right to utilize it.
The study is divided into five sections. Section one discusses the concept of monopolized land and compares it with closely similar concepts. Section two discusses the conditions of endowed land monopoly. As for the third section, it includes a discussion of the rights and the duties of the monopolizing body, as a tenant on the one hand, and as an owner of what he had established on it on the other. Section four discusses, via evidence, the conditions of terminating and ending endowed land monopoly. The last section is allocated to provide examples of the endowed land monopoly mentioned by legal Islamic scholars in later eras.
The study is concluded by providing a summary in which I illustrated the main ideas and results which I arrived at in this study, hoping that this research paper would contribute to providing a new scientific addition in this field, especially for those who are studying Islamic Jurisprudence.
Marine pollution by oil, oil pollution, marine collisions, Geneva convention 1958, UN convention on the law of the sea 1982, dumping, international law of the sea, pollution from ships, oil tankers, intentional spillage of oil.
Publication year: 2006
The humanity faces today a very complicated problem threatening it and other creatures with destruction; this problem is marine pollution in general and marine pollution by oil in particular.
Marine pollution is attributed to various sources such as land, sea and air. Recently, marine oil pollution drew the attention of politicians, environment and physics scientists, lawyers and others after Torry Canyon oil tanker destruction near England coasts in 1968 which led to very bad consequences.
I tried in this article to shed light on this problem from many aspects, such as:
The diagnosis of this problem; its reasons, its sources in general, and other sources such as human activities in the oceans and oil tankers’ accidents.
The international and regional efforts to combat the problem, and the treaties and conventions concluded for this purpose are mentioned and discussed.
Measures to be followed by states concerned to combat and control this problem are also shown.
This study aims at exploring the right of attendance in the Islamic Jurisprudence by gathering scholarly data from its resources. The right belongs to those who have the right of custody.
The time and the place of attendance should consider the interest of the young. The Islamic morals should be observed when practicing the right. The latest amendment (2001) of the Jordanian Law of Civil Affairs was in the right direction. Future amendments may benefit from this study.
La crise du Golfe de 1990 - 2003 avait influencé la vie juridique, d’ un côté le droit international public nous conduit à créer un principe dont on l’ a nommé le principe de l’ interdiction du commerce avec l’ agresseur. De l’ autre côté cette crise touche la notion du contrat surtout sa force obligatoire.
Dans le cadre de cette recherche nous allons voir le rapport entre le principe de l’ interdiction du commerce avec l’agresseur et la notion du contrat et surtout l’exemple de la guerre contre l’Irak 2003.
Sachant que cette nouvelle situation Juridique et politique a un rapport avec les notions juridiques de droit du contrat notamment le principe de l’accord de volonte, la lice I te de contrat, la bonne foi et la force majeure.
Contrat - le principe de l’interdiction du commerce avec l’ennemi – l’accord devolonte.
This study handled the inspiration issue since it is considered one of the assisting evidences, in which the Ulama have various points of views.
However, the first chapter was designated to define inspiration, and its advantages, uses, types and controls; whereas the second chapter was designated to discuss the dependency of inspiration.
Moreover, this study has proved that the Ulama have various views in the defendecy of inspiration: Some of them have completely rejected it, while others accepted it, and another group considered it a defense in regard to the right of the inspired only. Accordingly, this is the view which I believe is the prevailing or the more accepted one.
This study aims to explore the theory of general principles, its nature, characteristics and status as a source of public law.
It also aims to clarify the main applications of these principles, both in France and in Jordan, having in mind the objective, to assess to what degree the Supreme Court, in Jordan, makes use of these principles and their applications.
The study concluded that the Supreme Court in Jordan doesn’t make use of this theory and its applications to the maximum, as the Council of State in France does. So, the study urges public authorities in Jordan to make a better use of this theory through enlightening students, lawyers and mainly judges with this useful tool which helps to arrive at a more just and equitable judicial judgement.
This research includes a creed study to the correct saying (Hadith) of Prophet Mohammed- peace be upon hem:"There are ninety nine names to ALLAH, one hundred except one, every Muslim who counted or reserved them will enter the Paradise".
The researcher conducted in the first section a Hadithical study to prove the truth and the strength related to this Hadith. The collection of these names was not correct from the Prophet ,but it was from the follower Abu Horairah and from other Hadith relaters.
It is from their research and diligence.
In the second section the researcher studied the relation between the doctrine or belief and the reservation of the names of ALLAH , and the entrance into Paradise. The researcher confirmed that the numerous names of ALLAH mean that ALLAH is only one and the basic name of him is ALLAH ,but His other names which are included in Qur'an and Sunnah are to give more information to enable the Muslims in the worship of ALLAH by everything in their lives.
This paper aims to collect all narrations of Hadith in order to understand why Allah said this verse “ye who believe , if a wicked person comes to you with news, ascertain the truth lest ye harm people unwillingly , and afterwards become full of repentance for what ye have done ” related to the Sahabi Alwalid bin Oqba bin Abi Muit.
It will be studied regarding the narrators and the Hadith text.
It is obvious that the narrators' reportings are unreliable and could be considered a good deed regarding the problem that lies in the reportings of these unreliable narrations from a historic point of view, or because of differences in those narrations.
This research aims to illustrate the methodology of the Messenger (pbuh) in the implementation of the Shari'ah rules in a manner that serves the common interest. We show that this methodology is based on understanding the goals of the script and the wisdom behind it in addition to considering the global goals of Shari'ah rules.
This research has discussed four problems related to the guiding of public life, which demonstrates a thought methodology characterized by flexibility and eagerness in the realization of public interest in implementing the rules.
Islam encourages Muslims to establish families, therefore, there are organized principles derived from the religion to build the family in order to avoid violence and to have justice through some sanctions. Domestic violence differs from one society to another, so in religious societies there is nearly no complaint from this phenomenon.
This study sheds light on domestic violence and its negative offects on the family from psychological, physical and social dimensions. This study also aims at suggesting positive solutions for family problems through dialogue and discussion between couples, being away from having violence with wife and children; and having strong commitment to religion, educational values and moral values in order to bring happiness to the family and to the whole society.
Some of the prophetic narrations upon which jurisprudents depend to derive legal/ juridical rules have contained additional sentences or words that do not exist in other narrations in the same subject.
The existence of these additions have sometimes led to conclude different legal opinions by jurisprudents, therefore tackling this issue is of high importance.
This research aims basically to clarify the meaning, definition, cases and attitudes of Muslim scholars towards these additions. Furthermore, this research highlights the impact of theses additions on creating different legal opinions, with some practical realistic examples and applications from Islamic Jurisprudence.
It is well-known among religious scholars that texts should be approached according to their surface level meanings indicated by their corresponding signifiers in language to interpret the text. Otherwise, one has to provide evidence or an epithet that would admit the interpretation that can be rendered possible by the signifier itself, provided that the new interpretation does not contradict well-established meanings in Quran and Sunnah. The phenomenon of interpretation has been introduced to the religious text ever since Muslims tried to understand the meaning of the Holy Quran and to infer rulings from it.
Interpretation was also a mean to delve through the text and uncover its expressive potential. It has also broadened the scope of the text in order to account for the new details in life and has provided room for seeking a compromise between the views and the texts that might seem to be contradictory.
Many deviant sects who had been led astray along with their supporters found in their odd and deviant interpretation of texts chances to voice their errant views, transgressed the norms of evident meanings of words, distorted the signification. In response to those attempts by the deviant and corrupt groups, religious scholars of all types stood up and explained the true meaning, scope and evidence of "interpretation" and laid down the foundations and rules that govern proper correct interpretation in order to prevent deviation and invention in religion "bid'ia" and to stop those who try to transgress the borders to sound and proper signification of language.
Here one has to differentiate between 'interpretation" in the sense of explanation used by interpreters of the Quran, who provide evidence of all explanations or interpretations they give on the basis of correct evidence, and "interpretation" in the sense of obeying one's whims, wishes, obsession and false belief, where a deviant compatible with his false beliefs and whims adopting "pseudo-evidence" which can be easily proved to be wrong as was the case with the deviant sect "Al-batiniyyah" and their followers in interpreting the Hadeeth.
International human rights law, Human rights, The international covenant of economic, social and cultural rights, Individual rights and collective rights, Vertical effects and horizontal effects, Immediate obligations and progressive obligations, Obligati
Publication year: 2006
It seems that contemporary legal discourse is based on the individualism because it seeks to respect individual rights and freedoms in the first place. This tendency is based on an argument which considers the obligations of the states parties on the covenant of economic, social and cultural rights. But the analysis of the covenants' provisions, particularly article (2/ 1) of the covenant; and the general comments of the economic, social and cultural committee show how much this argument is uncertain. The obligations driven from the covenant are, in accordance of some rights recognized by the covenant, immediate and of result. The economic, social and cultural committee enforced, through its general comments and concluding observations, a new approach related to the obligations of the states parties in the covenant based on: the obligation to respect, the obligation to protect and the obligation to fulfillment.