Too Big to be Owned: Reflections on Jerusalem in Islamic History

2019 ◽  
Vol 53 (01) ◽  
pp. 20-33
Author(s):  
Suleiman A. Mourad
Keyword(s):  
Rule Of Law ◽  
Historical Memory ◽  
Seventh Century ◽  
Religious Communities ◽  
Direct Control ◽  
Sacred Sites ◽  
Islamic History ◽  
The Rule Of Law ◽  
Sacred Spaces ◽  
The City

AbstractMuslims have venerated Jerusalem since the seventh century. Their direct control of the city began in 638 and lasted, except for a few interruptions, until 1917. When we examine the evolution of an official Muslim attitude towards Jerusalem, it becomes clear that they perceived their role not as owners of the city but rather as custodians. This attitude was informed by the realization that Jerusalem was sacred to Muslims, Christians, and Jews alike, and that all three religious communities share many of the same sacred sites. As such, statesmanship and law obliged Muslim rulers to protect and defend Christian and Jewish sacred spaces, even against occasional Muslim mob behavior that called for the destruction, confiscation, or exclusive use of those places. The Trump administration's decision in 2017 to enact the 1995 decision of the U.S. Congress to move the American embassy to Jerusalem stands as a violation of this historical framework and of the rule of law and sanctions the eradication of Palestinian identity and historical memory.

scholarly journals Sertifikat Laik Fungsi pada Bangunan Gedung di Kota Bandung Dalam Kaitannya dengan Izin Mendirikan Bangunan

2021 ◽  
Vol 21 (3) ◽  
pp. 963
Author(s):  
Devi Elora
Keyword(s):  
Rule Of Law ◽  
Research Method ◽  
Field Research ◽  
Existing Building ◽  
The Rule Of Law ◽  
Legal Rules ◽  
Building Permits ◽  
Library Research ◽  
Specific Implementation ◽  
The City

The rise of buildings in the city of Bandung is a symbol of the development of the city of Bandung itself, but the development of a city must of course refer to the existing rules. The existence of buildings whose utilization is often found to be inconsistent with IMB, in other words, there is a mismatch between SLF and IMB which of course raises problems regarding the use of building functions that are not in accordance with existing building permits. Identification of the problem in this thesis research is how the legal arrangements regarding SLF for buildings are in the presence of an IMB and how is the SLF for buildings that are not used in accordance with the IMB. The research method uses the normative juridical method, which is carried out using library research and field research conducted at institutions related to the issue of building function worthiness certificates in the city of Bandung in relation to building permits. The conclusion obtained in this study is the legal arrangement regarding SLF for buildings in the presence of an IMB which is basically the existence of an SLF located or based on an IMB. SLF is a provision for the use of buildings, while IMB is the legality of the existence of buildings, problems regarding the incompatibility between IMB and SLF can be studied from 3 main subjects of the existence of SLF namely government, society and the rule of law, but what is fundamental is the absence of legal rules regarding specific implementation instructions in The City of Bandung regulates SLF, so that SLF in Bandung City has not been able to run well. SLF of buildings whose utilization is not in accordance with the IMB has the consequence that the use of the SLF that should be in accordance with the IMB must be adjusted to the provisions contained in the IMB.

Perspective istoriografice privind spațiul sacru al Sibiului în evul mediu

Transilvania ◽  
2021 ◽  
pp. 43-58
Author(s):  
Maria Crîngaci-Țiplic
Keyword(s):  
Middle Ages ◽  
Medieval Art ◽  
Sacred Sites ◽  
Urban Hierarchy ◽  
Sacred Spaces ◽  
Industrial Age ◽  
The Reformation ◽  
South Eastern Europe ◽  
First Time ◽  
The City

This paper presents an overview of the historiography that describes and investigates the components which compose the sacred spaces of Sibiu in the Middle Ages. It is well known that Sibiu had a preeminent position in the urban hierarchy of medieval Transylvania and of the south-eastern Europe. The city was attested for the first time in 1191 as an ecclesiastical center of the Transylvanian Saxons and was home to numerous places of worship and sacred sites (churches, monasteries, chapels, cemeteries, hospitals etc.). However, with the advent of the Reformation in the 16th century and the noticeable changes that occurred during the industrial age and the communist dictatorship (the 19th and 20th centuries), the medieval sacred building and their neighborhoods have been deeply transformed and medieval ecclesiastical topography became unrecognizable in modern day Sibiu. The recreation of the ecclesiastical topography and even more of the sacred spaces could be recreated through analyses and research of different type of sources from charters and town chronicles of the 16th-18th centuries to the most recent archaeological studies or papers on medieval art, architecture, or historical urban evolution. With this in mind, the study aims to provide references on the topic and establishes the main periods of the historiography and their relevant ideological and theoretical changes during over 400 hundred years of debates or research.

Presidential Autocracy and the Rule of Law

Worldview ◽  
1973 ◽  
Vol 16 (3) ◽  
pp. 5-12
Author(s):  
D. L. Robinson
Keyword(s):  
Rule Of Law ◽  
Full Scale ◽  
American Democracy ◽  
Checks And Balances ◽  
Henry Kissinger ◽  
The Rule Of Law ◽  
The People ◽  
The City

The year 1972 seemed fateful to those who cherish the commitment of American democracy to the tradition of checks and balances. Indeed, as the year ended, the realization was beginning to dawn that the nation was on the edge of a full-scale constitutional crisis.Nineteen seventy-two was the year when President Nixon reopened the door to China, then mined Haiphong harbor and bombed the city of Hanoi; when he visited Moscow, concluded a treaty limiting strategic arms and directed Henry Kissinger to announce that peace was "at hand," then suddenly renewed and intensified the bombing, suspended it for thirtysix hours at Christmas, renewed it, then stopped it again—all without explanation to the people on whose behalf he was acting.

Secular Reasons for Confessional Religious Education in Public Schools

Daedalus ◽  
2020 ◽  
Vol 149 (3) ◽  
pp. 119-134
Author(s):  
Winfried Löffler
Keyword(s):  
Public Schools ◽  
Religious Education ◽  
Rule Of Law ◽  
Religious Communities ◽  
Religious Groups ◽  
The Rule Of Law ◽  
Opting Out ◽  
Cultural Importance ◽  
The Stability ◽  
School Curricula

The cultural importance of religion and its ambiguous potential effects on the stability of liberal democracy and the rule of law recommend including information about religions in public school curricula. In certain contexts, there are even good secular reasons to have this done by teachers approved by the religious communities for their respective groups of pupils, as is being practiced in various European states (with a possibility of opting out, with ethics as a substitute subject in some schools). Is this practice compatible with the religious neutrality of states? An illustrative analysis shows how suitable criteria for the admission of religious groups to offering religious education can block the objection of undue preference. Like any solution in this field, it is not immune to theoretical and practical problems.

scholarly journals Presecular character of Montenegrin Law on Freedom of Religion in context of Fuller's demands for internal morality of law

2020 ◽  
pp. 7-26
Author(s):  
Vladimir Đurić ◽  
Vasilije Marković
Keyword(s):  
Social Context ◽  
Rule Of Law ◽  
Basic Principle ◽  
Legal Status ◽  
Religious Communities ◽  
Freedom Of Religion ◽  
The Rule Of Law ◽  
Material Sources ◽  
Internal Morality ◽  
The Law

The authors analyse the new Montenegrin Law on Freedom of Religion or Belief and the Legal Status of Religious Communities from two aspects: the aspect of the socio-political context of its adoption (material sources of law) and formal aspects of the provisions of the Law itself (formal source of law) in order to point out the serious imperfections of that Law. Regarding the first aspect, wider social context in Montenegro is analysed in comparison with European regulative principles of area of religious freedoms. As for the provisions of the Law itself, they are considered in the context of Fuller's theory of the internal morality of law and its 8 requirements that make law possible in order to examine in detail whether and to what extent the Law fulfils the principles of legality as a basic principle for realization of the rule of law. The conclusion of the analysis from both aspects is that the analysed Law is also full of imperfections and obviously incompatible with the values of the rule of law.

scholarly journals Perbedaan Sikap Keberagamaan Antara Masyarakat Islam dan Kristiani di Sumatera Utara dan Frankfurt Am Main Jerman

2015 ◽  
Vol 9 (1) ◽  
pp. 30 ◽  
Author(s):  
Irwansyah Irwansyah
Keyword(s):  
Rule Of Law ◽  
Religious Communities ◽  
Positive Relation ◽  
Frankfurt Am Main ◽  
The Rule Of Law ◽  
Religious Attitudes ◽  
Christian Communities ◽  
Majority Group ◽  
Adhesive Factor ◽  
Integrating Factors

<p>This article seeks to reveal differences of religious attitudes between Muslim and Christian communities in North Sumatera and Frankfurt Am Main Germany. This article shows that the relation between Muslims and Christians can be understood to have taken place in two categories, positive and negative. Positive relation can be attested through integrating factors between the two religious communities, while negative relation can be attested through separating factors. In North Sumatera there exist local wisdoms which serve as adhesive factors of Muslim-Christian relation, such as the concept of ‘marga” among Batakese society. Meanwhile, pig either as food or as pet is regarded as a dividing factor together with fanaticism and exclusivism. In Germany, as majority group the Christians are tolerant towards Muslims due to the rule of law in the country. This tolerance becomes an adhesive factor, while mutual suspicion among both Muslims and Christians is raeagrded as dividing factor.</p>

scholarly journals Commerce, Religion, and the Rule of Law

2018 ◽  
Vol 6 (2-3) ◽  
pp. 213-235
Author(s):  
Nathan B. Oman
Keyword(s):  
Social Interactions ◽  
Rule Of Law ◽  
The State ◽  
Social Identities ◽  
Religious Communities ◽  
Legal Rights ◽  
The Rule Of Law ◽  
Formal Rule ◽  
And Control

The rule of law and religion can act as commercial substitutes. Both can create the trust required for material prosperity. The rule of law simplifies social interactions, turning people into formal legal agents and generating a map of society that the state can observe and control, thus credibly committing to the enforcement of the legal rights demanded by impersonal markets. Religion, in contrast, embraces complex social identities. Within these communities, economic actors can monitor and sanction misbehavior. Both approaches have benefits and problems. The rule of law allows for trade among strangers, fostering peaceful pluralism. However, law breeds what Montesquieu called “a certain feeling for exact justice” that crowds out deeper forms of relation. Religious commerce fosters precisely such communities. Religious commerce, however, does not create bridges between strangers as effectively as the formal rule of law. Furthermore, the state tends to be suspicious of tight religious communities, particularly when they are commercially successful.

scholarly journals Centre-periphery tensions in legal theory and practice: can law and lawyers resist urban imperialism?

2012 ◽  
pp. 1-8 ◽  
Author(s):  
Kim Economides
Keyword(s):  
Rule Of Law ◽  
Social Inclusion ◽  
Legal Theory ◽  
Theory And Practice ◽  
Legal Rights ◽  
Technological Support ◽  
The Rule Of Law ◽  
Legal Professionals ◽  
Basic Assumptions ◽  
The City

This paper questions some basic assumptions of legal theory, education and practice from the perspective of rural, remote and regional (RRR) legal communities beyond the metropolis. Legal ideologies and values fundamental to the legitimacy of the modern state, such as the Rule of Law, are embedded in most law curricula and reinforced at every stage of the educational continuum, and commonly assert that law, legal rights and access to courts of law apply equally regardless of physical location or social status. Despite this, indigenous and other excluded groups living in peripheral communities frequently experience law differently from their urban counterparts, as do legal professionals living and working outside the city. The key issue examined concerns how centre-periphery tension should best be managed in the future regulation of law and lawyers. What kind of policies and strategies may genuinely assist social inclusion and to what extent should law and legal practice accommodate diversity? How and to what extent should lawyers and para-legals represent the interests of communities rather than private individuals in RRR areas of Australia? What kind of training and technological support do they require? The paper aims to set out some choices that confront policymakers while drawing upon international experience that may offer some guidance.

The Technical Support of the Rule of Law of Planning

2012 ◽  
Vol 174-177 ◽  
pp. 2218-2221
Author(s):  
Jian Feng Xu ◽  
Bing Li
Keyword(s):  
Rule Of Law ◽  
City Planning ◽  
Technical Support ◽  
City Development ◽  
The Rule Of Law ◽  
The Law ◽  
The City

The planning theorem, concept and the related methodology in different era directly influenced the consequence of the city planning at that moment. They are the technical supports to realize the law of city planning. The sound interaction of city planning and city development is always one people are pursuing for. Whereas the city planning is the prerequisite of city development, and it needs corresponding planning theorem and approach to be its technical supports.

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