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<Article>A Historical Overview of Debates on Res Judicata in Sunnī Islamic Jurisprudence during the Mamluk Period in Particular
No full textThis study discusses the idea of the res judicata in classical Islamic jurisprudence and the historical background for the debate on the subject. The res judicata (Latin: “matter adjudicated”) doctrine is of Roman origin and is designed to preclude relitigation of a given matter once the question has been decided on its merits, thus guaranteeing legal stability and social harmony. In his monograph on the subject in the context of Islamic law, E. Tyan reports that no such doctrine has been elaborated by Muslim jurists, who consider that the reversal of a qaḍī’s ruling generally permissible. Contrary to his contention, however, we note that court rulings may not be annulled according to an established principle of Islamic jurisprudence. Moreover, it is exactly in relation to the question of “ruling on effect (ḥukm bi-al-mūjab)” as opposed to “ruling on validity (ḥukm bi-al-ṣiḥḥa)” that Muslim jurists do discuss cases of res judicata, i. e., when and to what extent a ruling generates the final and binding force. The method of ruling on effect was introduced as a remedy for plaintiffs who cannot completely establish the validity of their transactions or, for qaḍīs, as an expedient for avoiding the annulment of their rulings. In the Mamluk period, when the four Sunni schools of law were in conflict with one another, many cases of denial of the authority of rulings issued by the qaḍīs of other schools appeared; hence, against the backdrop of these disputes regarding res judicata, a series of treatises were written in defence of this method of ruling by precedent. I will investigate the five important works in this context that were authored by Taqī al-Dīn al-Subkī (d. 756/1355), who was a pioneer in the development of the subject and his two Shāfiʻīte followers as well as Ibn Qutlūbghā (d. 879/1474) and his contemporary Ibn al-Ghars (d. 894/1489) from among the Ḥafanīs
The Legislative Goal of Pre-emption in Egyptian Civil Code
Get PDFPre-emption in Islamic law primarily refers to a right of joint owners of immovable property to obtain, in preference to the others, the share of the property that one of them sold to a third party, by paying the price to either the purchaser or seller, even against the will of the purchaser. According to the Hanafi school, the owners of adjoining properties, alongside the joint owners, also have the right of pre-emption. In any case, the purport of the system was to protect the original joint owners from various problems that might be caused by a new participant. On the other hand, as pre-emption was considered as an encroachment on the property rights of the purchaser, various restrictions on it's exercise had been established within the framework of pre-modern doctrines. However, the system survived the modernization of laws in Egypt from the 19th century onward. Moreover, the Laws of Pre-emption (1900 and 1901), which were established in order to make up for the lacunae of law with regard to preemption found in the old civil codes, and the current civil code (1948), which is fundamentally an extension of these Laws, expanded the scope of pre-emption. In short, the pre-emptors under the current code are the usufructuary and the bareowner, and also both parties of a long-term lease (hikr) as well as the joint owners and the owners of adjoining properties. In contrast, both the Laws of Pre-emption and the current civil code have placed severe restrictions on pre-emption with regard to the owners of adjoining properties. These legislative innovations did not result from the historical developments or changes in pre-modern Islamic doctrines of law. In the process of compiling the current code, there appeared considerable opposition to the continuation of the system of pre-emption. The aim of the legislator who, despite this opposition, introduced these prescriptions was completely different from the legislative purport of pre-emption in Islamic law. It can be said that pre-emption in the Egyptian civil code is a unique system distinct from that of Islamic law
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Die gesetzlichen Umgehungen im islamischen Recht (ḥiyal) ::unter besonderer Berücksichtigung der Ǧannat al-aḥkām wa-ǧunnat al-ḫuṣṣām des Ḥanafīten Saʻīd b. ʻAlī as-Samarqandī (gest. 12. Jhdt.) /
No full textDie gesetzlichen Umgehungen im islamischen Recht (ḥiyal) : unter besonderer Berücksichtigung der Ǧannat al-aḥkām wa-ǧunnat al-ẖuṣṣām des Ḥanafīten Saʿīd b. ʿAlī as-Samarqandī (gest. 12. Jhdt.)
No full textZugl.: Köln, Univ., Diss., 2000Satoe Hori
Die gesetzlichen Umgehungen im islamischen Recht (ḥiyal) : unter besonderer Berücksichtigung der Ǧannat al-aḥkām wa-ǧunnat al-ẖuṣṣām des Ḥanafīten Saʿīd b. ʿAlī as-Samarqandī (gest. 12. Jhdt.) / Satoe Horii
No full textZugl.: Köln, Univ., Diss., 200
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Dispelling the Myths Behind First-author Citation Counts
Get PDFWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
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