A New Approach to Marriage and Divorce in the Conflict of Laws

1974 ◽  
Vol 24 (1) ◽  
pp. 17
Author(s):  
John Swan
Keyword(s):  
New Approach ◽  
Conflict Of Laws ◽  
Marriage And Divorce

MAPPING CONTEMPORARY ISLAMIC JURISPRUDENCE OF MUḤAMMAD SAʻĪD AL-‘ASHMĀWĪ AND MUḤAMMAD SHAḤRŪR

2018 ◽  
Vol 1 (1) ◽  
pp. 32
Author(s):  
Yusroh Yusroh ◽  
Mohd. Zaki Abd. Rahman
Keyword(s):  
The Other ◽  
Russian Philosophy ◽  
New Approach ◽  
Marriage And Divorce ◽  
Other Hand ◽  
Islamic Jurisprudence

Muḥammad Saʻīd Al-‘Ashmāwī and Muḥammad Shaḥrūr are well known as contemporary Muslim thinkers. This article tries to map their contemporary ideas on Islamic jurisprudence. The main data of this research taken mainly from the works both of Al-‘Ashmāwī and Shaḥrūr. In particular, the paper tries to analyze Al-‘Ashmāwī‘s ideas on sharia, politics, hijab, marriage and divorce. On the other hand, the ideas of Shahrour on al-Qur'an, Sunnah and Fiqh, the theory of borders, pluralism, the commandment, inheritance, hijab, marriage, divorce, dowry, politics, and imamate are also critizised. After analyzing their lives and their ideas on Islamic jurisprudence, the paper found that their social, educational and practical backgrounds have affected their intellectual formations and ideas. Ashmawi is encouraged by diligence and enlightenment and is believed to be enlightened. Shahrour, however, takes a new approach in order to create the ḥudūd theory as a new way. As well as their intellectual background, Ashmawi has a good queen in Arabic, English and French as well as religion, Sharia, jurisprudence and theology. Shahrour is a good queen in Arabic, English, Russian, philosophy, philology and historical language.

A New Approach to Private International Law

1936 ◽  
Vol 6 (1) ◽  
pp. 16-21
Author(s):  
H. C. Gutteridge
Keyword(s):  
International Law ◽  
Private International Law ◽  
Legal Tradition ◽  
Text Book ◽  
New Approach ◽  
Choice Of Law ◽  
Conflict Of Laws ◽  
English System ◽  
New Ideas ◽  
The Subject

Our English system of Private International Law has for some time past lent itself to accusationsof insularity of conception and stagnation of thought. Dicey's famous work on the Conflict of Laws has threatened to develop into a comfortable niche in which our rules of jurisdiction and the choice of law would be able to dwell in cloistered seclusion undisturbed by criticism from within or by the infiltration of new ideas from without. English legal thought has, undeniably, been dominated for over a hundred years by two text-books. Story's Conflict of Laws reigned supreme until the beginning of this century when it was ousted by Dicey's treatise. Westlake's Private International Law, which in some respects is the most notable contribution which English writers have made to the development of Private International Law, never established itself in a like degree. The somewhat abstruse treatment of the subject by Westlake and his insistence on its comparative aspects involved a departure from current legal tradition which was not wellreceived by the English legal public. Foote's Private International Law which at one time was held in great favour by practitioners was avowedly confined to an analysis of the English casesand as such contained within itself the germs of the obsolescence which has overtaken it. In any event, Dicey's Conflict of Laws was elevated by the Bench and the Bar to a pinnacle of authority which has seldom been attained by a text-book, and the rules in which Dicey stated his propositions have acquired a character which is almost sacrosanct.

scholarly journals Law Applicable to Liability for Damages due to Traffic Accidents Involving Autonomous Vehicles

2020 ◽  
Vol 14 (2) ◽  
pp. 177-200
Author(s):  
Marek Swierczynski ◽  
Łukasz Żarnowiec
Keyword(s):  
Artificial Intelligence ◽  
International Law ◽  
Autonomous Vehicles ◽  
Traffic Accidents ◽  
Legal Framework ◽  
Private International Law ◽  
New Approach ◽  
Conflict Of Laws ◽  
Individual Consideration ◽  
The Law

The authors examine the problem of the law applicable to liability for damages due to traffic accidents involving autonomous vehicles. Existing conflict-of-laws regulation adopted in the Rome II Regulation and both Hague Conventions of 1971 and 1973 is criticized. Upon examination of these legal instruments, it becomes clear that existing regulation is very complex and complicated. In effect authors recommend revisions to the legal framework. Proposed solutions are balanced and take into consideration both the interests of the injured persons, as well the persons claimed to be liable. New approach allows for more individual consideration of specific cases and direct to better outcome of the disputes. The findings may be useful in handling the cases related to use of algorithms of artificial intelligence in private international law.

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