Legal - Science topic

Intrested

The answer to this question depends on the context in which data is analyzed and the methodology of the studies. Available research suggests that the legalization of abortion does not necessarily lead to an increase in the number of abortions but rather ensures that they are performed under safer conditions.

 In countries where abortion is legal and accessible, the abortion rate often remains stable or decreases over time, especially when effective contraceptive policies are in place.

 In countries with restrictive abortion laws, abortions still occur, but they are more likely to be unsafe and illegal, increasing the risk of complications and maternal mortality.

 In countries like the Netherlands and Sweden, where comprehensive sex education and widespread access to contraception are available, abortion rates are relatively low despite liberal abortion laws.

 In countries with limited access to contraception, unintended pregnancies are more common, which can lead to higher abortion rates, regardless of legal restrictions.

After the legalization of abortion in the U.S. in 1973 (Roe v. Wade), there was an initial increase, but in the long term, abortion rates declined, particularly after 1990, alongside improved access to contraception.

Abortion legalization alone does not automatically increase the number of abortions. Instead, it ensures that abortions are performed under medically safe conditions. The actual number of abortions is more influenced by access to contraception, socio-economic factors, and sexual educationthan by legal restrictions.

Is it legally acceptable or not? I don't know if it is legally acceptable or not. However, from a moral perspective, I think that it is unacceptable.

Regards,

AM

I am interested in collaborating on writing and publishing SSCI and SCI papers in the legal domain. With my background in software engineering, AI research, and data science, I bring a strong foundation in artificial intelligence and its applications, particularly in areas such as AI governance, legal frameworks, and data privacy.

While my primary expertise lies in technology, I am eager to contribute to research that bridges the gap between AI and law. I believe my multidisciplinary approach could complement your legal insights, especially in the governance of AI technologies.

I am committed to dedicating the necessary time and effort for the project and am looking forward to collaborating on high-quality research and publication.

Let’s connect and explore how we can contribute to the field together!

Regards,

Abir Hosen

According to my experience, MT alghoritms should be changed in order to streamline MT translation processes. Some scholars posit that corpus consultation can be integrated in MT processes. I tried myself to integrate MT output with corpus evidence and it worked satisfactorily. However, it was a very time consuming activity. For this reason, some scholars have suggested APE (Automated Post-Editing) systems which automatically correct MT output (do Carmo et al. 2020). Such APE systems could learn from parallel corpora (Chatterjee et al. 2017; Negri et al. 2018).

References:

Chatterjee, Rajen, Gebremedhen Gebremelak, Matteo Negri, and Marco Turchi. 2017. Online automatic post-editing for MT in a multi-domain translation environment. In Proceedings of the 15th Conference of the European Chapter of the Association for Computational Linguistics:

Volume 1, Long Papers, 525–535. Valencia, Spain.

do Carmo, Félix, Dimitar Shterionov, Joss Moorkens, Joachim Wagner, Murhaf Hossari, Eric Paquin, Dag Schmidtke, Declan Groves, and Andy Way. 2020. A review of the state-of-the-art in automatic post-editing. Machine Translation 35: 101–143.

Escribe, Marie, and Mitkov Ruslan. 2023. Applying Incremental Learning to Post-editing Systems: Towards Online Adaptation for Automatic Post-editing Models. In Jun Pan and Sara Laviosa (Eds), Corpora and Translation Education, Advances and Challenges. Singapore: Springer Nature Singapore,35-62.

Giampieri, Patrizia. 2023. Legal Machine translation Explained. Newcastle Upon Thyne: Cambridge Scholars Publishing.

Giampieri, Patrizia. 2024. AI and the BoLC: streamlining legal translation. Comparative Legilinguistics, 58: 67-90.

Negri, Matteo, Marco Turchi, Nicola Bertoldi, and Marcello Federico. 2018a. Online neural automatic post-editing for neural machine translation. In Proceedings of the 5th Italian Conference on Computational Linguistics (CLIC-IT 2018), 288–293. Torino, Italy.

Negri, Matteo, Marco Turchi, Rajen Chatterjee, and Nicola Bertoldi. 2018b. eSCAPE: A large-scale synthetic corpus for automatic post-editing. In Proceedings of the 11th International Conference on Language Resources and Evaluation (LREC 2018), 24–30. Miyazaki, Japan.

The interpretation and translation of politically charged words like "freedom" and "justice" are deeply shaped by the political context, historical background, and ideological perspectives of the societies in which they are used. These terms do not have fixed, universal meanings; instead, they are fluid and often contested, reflecting the power structures and cultural narratives of a given era. For example, in a democratic society, "freedom" may be associated with individual rights, free speech, and electoral participation, while in an authoritarian regime, it might be framed in terms of national security, collective unity, or state-defined liberties. Similarly, "justice" can mean retributive justice (punishment for wrongdoing) in one legal system, while in another, it may emphasize restorative justice, focusing on reconciliation and rehabilitation. The political context also affects translation; in propaganda or legal discourse, words may be deliberately framed to align with state ideology or social movements, influencing public perception. Global conflicts, colonial histories, and ideological divides further complicate how such terms are understood and translated across different languages and cultures. Ultimately, political context dictates how "freedom" and "justice" are interpreted, revealing the subjective nature of language and its role in shaping governance, policy, and social identity.

Paul Kuei-chi Tseng Do you want to submit a chapter proposal for this book? If so, please email me at paldi16@gmail.com. Thanks!

As per provisions of Law this is dealt under tortious act in India, if indemnity is not signed.

Balancing data privacy and public safety in the digital age requires a nuanced approach that harmonizes regulatory frameworks and technological advancements. The General Data Protection Regulation (GDPR) establishes stringent rules for safeguarding personal data, emphasizing consent, transparency, and accountability. However, these protections must coexist with the imperative to ensure public safety, particularly in areas such as counter-terrorism, cybercrime prevention, and emergency response. The proposed AI Act complements GDPR by regulating artificial intelligence systems, aiming to prevent misuse while fostering innovation. By categorizing AI applications based on risk, it seeks to mitigate potential harms while ensuring human oversight, addressing privacy and ethical concerns in AI-powered public safety measures. Similarly, the Data Act emphasizes data-sharing frameworks that maintain individual privacy while enabling data-driven innovation, including safe and ethical use of data for public safety purposes. The Digital Operational Resilience Act (DORA) adds another layer, mandating cybersecurity standards to ensure the resilience of critical digital infrastructure, which is integral to both protecting personal data and maintaining public trust in safety-focused systems. Together, these regulations underscore the need for a balanced approach, where privacy rights and public safety are not adversaries but complementary objectives achieved through legal clarity, technological safeguards, and cooperative governance.

الجريمه من الناحية القانونيه تعد اعتداء على الحق الذي يحميه القانون سواء حق الانسان بحماية جسده ونفسه او ماله وعرضه

اما من الناحيه الاجتماعيه فهي عمل غير اخلاقي ينبذه المجتمع بالاضافه الى حرمته دينين

The concepts of justice and legality, while interconnected, are distinct in their essence:

Justice is a moral and philosophical concept rooted in fairness, equity, and the ethical treatment of individuals.

It often transcends laws, reflecting societal values about what is right or wrong.

Justice seeks to uphold human dignity, ensure equality, and resolve conflicts in a manner that benefits society at large.

Examples: Fair distribution of resources (distributive justice), punishment proportional to the offense (retributive justice), or addressing systemic inequalities (social justice).

Legality is a formal frameworkthat defines what is permissible or impermissible within a society based on established laws.

It focuses on the adherence to written rules and regulations.

Legality may not always align with justice; laws can be outdated, biased, or unfair.

Example: A law that upholds discrimination may be legal but not just.

In an ideal society, laws (legality) are designed to reflect justice.

However, justice often challenges the rigidity of legality, advocating for reforms where laws fail to address inequities.

This dynamic tension between justice and legality ensures societal growth and moral progress.

Please acknowledge my reply.

In my coming paper on Rethinking Democracy, the solution to this question using QUALITATIVE COMPARATIVE THINKING is:

(i)(ELD.NLD) = T.M(Ee)i = THE STRUCTURE OF THE DEATH OF DEMOCRACY

My understanding is this: First, Depending on copyright (traditional mode) of your original paper you shall need to inform the publisher/get consent from them/get written permission from them to translate. In case of Open access, if it is CC BY/CC BY-SA/CC BY-NC you can translate without permission and still need to follow the licence terms for attribution and further license. If it is CC BY-ND, you shall need explicit permission to translate.

Second, when you send the new article to another journal you need clarify to them that this is a secondary work and describe the purpose of it. The ethical purpose of translation is to reach wider readership or to reach readers which are not covered by the first publication.

Legal thinking and thought face numerous challenges related to societal changes and the evolution of legal systems. Among the most prominent challenges are:

1. Technological and Digital Advancements

The emergence of cybercrimes and modern technologies such as artificial intelligence and blockchain requires legal thought to find new solutions and interpretations to apply traditional laws to these developments.

A lack of clear legislation addressing modern technological issues.

2. Multiplicity and Overlap of Legal Systems

Differences between national and international legal systems can lead to difficulties in aligning local laws with international ones.

Jurisdictional conflicts in cases related to arbitration or international trade.

3. Social and Political Transformations

Changing social values and political developments impose challenges on existing legislation, such as women's rights, minority rights, and equality issues.

Addressing political disputes and transitional justice matters.

4. Economic Shifts

Issues related to the digital economy and e-commerce pose challenges in drafting new laws.

Managing disputes arising from globalization and multinational corporations.

5. Ethics and Human Principles

The tension between ethical principles and the application of laws, especially in sensitive matters like abortion, capital punishment, or the use of technology for medical purposes.

6. Complexity of Legal Texts

The difficulty for the general public to understand laws due to their complex legal language.

The need to simplify legal texts and find innovative ways to promote legal awareness.

7. Weakness in Legal Research

Insufficient resources allocated to legal research compared to other fields.

Lack of collaboration between academic institutions and executive bodies in developing legal thought.

8. Environmental Challenges

Issues related to climate change, renewable energy, and environmental justice require a more integrated legal framework.

Addressing these challenges necessitates flexible and comprehensive legal thinking capable of responding to the rapid changes in the modern world, alongside developing legal approaches to be more inclusive and realistic.

I totally agree with Greg's Walterhouse answer. Since law regulates every aspect of our lives, ecomonical, personal, social, professional, enviromentical and in general the world we are living, therefore it is absolutely necessary to enhance people and especially the youths to embrace law. Learning basic law knowledge may help young people and tomorrow's adults not to fear law. Law's basic contribution is cultivating culture and mentality. So, basic law skills can lead to thw change of people culture, the improvemet of education and a more harmonic society. The participation of people in tomorrow's governance is another benefit. I personally work in the government sector and i believe that basic law knowledge is necessary for everyone in this sector, even for those working in data science field.

The evidence of the state of insolvency often depends on the factual circumstances of reality. This includes unpaid invoices, dissatisfied creditors, and unpaid taxes—essentially a de facto situation (primarily of a patrimonial and financial nature) that reflects a complete imbalance between the debtor's ability to pay and their liabilities. This imbalance prompts creditors to petition the court for a declaration of insolvency and, consequently, for bankruptcy proceedings. The evidence consists of all documents, whether contractual, accounting, or financial, that substantiate such a condition.

Госпожа Марина Комашко,

Спасибо за внимание.

Пожалуйста, напишите мне свой адрес электронной почты.

С уважением,

Сиявуш

Aren't so called migrants bluntly speaking economic migrants who had bad luck with weather events which are not protected by refugee convention? (In the same way as coming from country experiencing spectacular economic crisis or natural disaster unrelated to climate change like ex. tsunami/earthquake does not look like ground for refugee status)

Moreover there is awkward issue that there are countries experiencing really harsh climate (like Iceland or UAE) but somehow as they are affluent local people aren't trying to run away, so it undermines other claims that such migration is about "climate".

As side note, I thought that the mood in the West is right now is to actually shift towards better protection of local populations and respect will of the people expressed in elections, even at expense of curbing or outright suspending refugee convention and related acts.

carrying out the teaching process with a base learning project by mapping legal problems in society and then making legal opinions to find solutions to legal problems

Analyzing international law involves diverse methods and approaches, reflecting its complex, often ambiguous nature and the influence of multiple jurisdictions, cultures, and institutions. Here are the main methods and approaches commonly used in this field:

1. Doctrinal Analysis (Legal Positivism)

2. Historical Method

3. Comparative Analysis

4. Interdisciplinary Approaches

5. Critical Legal Studies (CLS)

6. Feminist and Post-Colonial Approaches

7. Empirical and Quantitative Analysis

8. Pragmatism and Realism

Each of these methods brings unique insights and perspectives, allowing scholars and practitioners to understand, critique, and improve international law from various angles. The choice of approach often depends on the specific legal issue at hand and the researcher’s goals in understanding or shaping international norms.

please comment on my reply.

It could be wise to contact your advisor concerning the publication, and you may think about including him as co-author. - By the way, some journals have formal problems with independent researchers. See this discussion and to links to more discussions on this problem in my first reply: https://www.researchgate.net/post/What_can_I_do_when_independent_researcher_does_not_exist_as_an_affiliation_in_the_journals_dropdown_list2

Laith Najeh Hameed

Anticipatory self-defense against terrorist groups has not yet achieved the status of international customary law, though it is a subject of significant debate and evolving practice in international law.

Background on Anticipatory Self-Defense

Anticipatory self-defense refers to a state using force in response to an imminent threat, rather than waiting for an armed attack to occur. The traditional understanding of self-defense, codified in Article 51 of the United Nations Charter, allows states to use force only in response to an armed attack. However, the concept of anticipatory self-defense, sometimes called preemptive self-defense, is more controversial.

Legal Debates and Evolution

The question of whether anticipatory self-defense is lawful has come under increased scrutiny, especially in the context of non-state actors like terrorist groups. Historically, international law, particularly since the Caroline Case in 1837, has permitted anticipatory self-defense only in the face of a threat that is "instant, overwhelming, and leaving no choice of means, and no moment for deliberation." This strict threshold makes it difficult to justify broad anticipatory action.

However, state practice has shifted in recent decades, particularly following the 9/11 attacks. Countries such as the United States and Israel have engaged in military operations against terrorist groups, citing the need to defend themselves against imminent or ongoing threats, even in the absence of a traditional armed attack. For instance:

Does It Qualify as International Customary Law?

For anticipatory self-defense against terrorist groups to become customary international law, it would need:

While state practice is growing, especially among powerful states like the U.S. and Israel, many other countries and scholars challenge this interpretation, particularly because it risks undermining the UN Charter's prohibition on the use of force. The argument is that extending self-defense to situations where an attack is not imminent could erode the prohibition on aggression, which is a foundational principle of international law.

Current Status:

Businge Telesphor

When grading or evaluating issues like Incomplete Compulsory Land Acquisition and Delayed Compensation, it's essential to understand the specific context and potential impacts of each. These two factors may affect different aspects of a land acquisition process, but they can have significant consequences for the stakeholders involved. However, treating them with equal weight depends on the criteria you're focusing on.

Here’s a quick breakdown of how these two issues might compare:

1. Incomplete Compulsory Land Acquisition

2. Delayed Compensation

Should They Have Equal Weight?

Traffic hijacking also has a different meaning in the world of cybercrime; it means illegally redirecting a website to malicious websites,

My dear friend, I think you have a bit of a misunderstanding of terms. Copyright is about the rights to works of science, literature, art (i.e. the rights of artists, writers, photographers, etc.).

As far as I understand, what is written in your post refers rather to patent law. Patents do protect the very essence of technical development (and design, if we are talking about an industrial design). So it would be more accurate to talk about patent rights rather than copyright, probably.

Best regards,

Marina

Biju Joseph Do you think that Judiciary is foolproof from political influence which, consequentially due to criminalization of politics affects the level of victim participation though being aware of victim rights? Also there being numerous judgements on victim rights which have been tried to be comprehended in the new criminal laws, can we now take the defense of lack of political will in improving the situation? The intimidation of police machinery by politicians make the investigation all the more prone to corruption, thus, can we think more on the lines of stricter separation of powers positively affecting the police force or still deny it for it to be giving more powers in the hands of executives?

Mentioning 'ecocide' solely in the context of conflicts seems rather pointless. Since all consideration. for human rights is abrogated in practice in armed conflict the whole notion seems futile.

Ecocide as a concept seems a trifle morally pretentious where human life is under direct threat. All armed conflicts damage the environment and this is even prohibited in the Old Testament of the Bible.

Deuteronomy 20:19–20

I have attached one of my old lectures for reference.

I agree with the proposed solutions, especially the emphasis on preserving the original language and providing specialized training for both legal professionals and interpreters. The preservation of the original helps ensure transparency and allows for revisiting the interpretation if necessary. Training legal professionals to work effectively with interpreters can reduce misunderstandings and improve the flow of the trial, while legal training for interpreters ensures that they grasp the nuances of legal terminology, which is crucial in criminal trials.

As for the concern about overburdening the courts, while it is valid, dismissing these solutions as impractical might compromise the fairness of the trial, especially for non-native speakers. Courts could explore adopting gradual or hybrid approaches, like offering partial legal training to interpreters or using digital tools to assist in preserving the original content, to minimize the strain on resources while still upholding defendants' rights.

That is a contract issue - breeches of contract law are about commercial issues. Liability for damages for disseminating a gain made from a 'tort' or breech of contract law, lie outside the scope of an individual not familiar with the legal system within which any breech might occur

These are all good reasons for filing an application before publicly disclosing an invention and I commend the author.

However, use of the word "essential" and "crucial" may suggest to some that strong patent protection cannot be obtained if the invention is published before an application is filed. This is not necessarily the case.

In the USA and several other industrialized countries, "grace periods" allow an inventor (Inventor A) to file an application within 6 to 12 months after disclosing the invention publicly. As long as a competing inventor (Inventor B) does not independently conceive the same invention and file an application for it before Inventor A files an application, Inventor A can obtain undiminished patent rights, including the advantages outlined by Mr. Singha.

Nevertheless, patent protection around the globe is based on first-to-file patent systems. Therefore, by all means, inventors should not delay filing once they have fully conceived an invention and decided it is worthy of patent protection. In the USA, provisional patent applications are a good and cost-effective way to preserve rights at the earliest stages of invention development.

The use of the term ‘Nazi’ in Germany is prohibited in light of laws against hate speech, incitement as well as the glorification of National Socialism. This matter is mainly regulated by the German Criminal Code or (Strafgesetzbuch – StGB) especially the section 86a that bans the use of materials that promote unconstitutional bodies, Nazi emblems and slogans. The laws are enforced by the Federal Constitutional Court (Bundesverfassungsgericht) and other German courts namely at federal and state level regarding the severity of the case. Also there are special government structures for the investigation of such a calss of activities as extremism and propaganda of Nazi ideals for instance the Federal Office for the Protection of the Constitution (Bundesamt für Verfassungsschutz). It is permitted to name the “Nazi” in the academic, artistic or the journalistic work so long as it does not lead to the creation of violence. Courts then determine such cases depending on the usage of the term in question to enforce that usage does not compromise on public order or used as propaganda for the regime. it is possible to state that regulation of the term “Nazi” in Germany is based on legal requirements and legal supervision while the usage of this term is legal when it is applied to the historical events and is forbidden when it is aimed at incitement to hatred and use of the symbols of right-wing extremism.

A big question with a number of sub questions.

The lack of stringent protective measures is for me the "deepest" concern that legal frameworks haven't been able to instill. Because scientists and researchers are constantly investigating ever so deeper into logic and trying to find solutions there is only so much the human constitution can handle. We can't seem to stop science from stop digging with curiosity, hence we can only protect ourselves from what's coming.

The informal economy in the apiculture sector includes honey production activities that operate outside formal legal, regulatory, and tax frameworks. This involves unregistered producers who do not comply with tax laws, use undocumented labor, and lack formal business recognition. Many apiculturists engage in honey production alongside other agricultural activities, resulting in lower productivity. The informal nature of the sector also facilitates the entry of counterfeit honey into the market, and limits access to formal banking credit, hindering the growth and competitiveness of legitimate honey producers.

A pity, because I cannot provide a definite answer to your question. If you reproduce the abstract with a CC licence you would be taking a risk - sorry!

As a quick answer, I'd be curious to see what the author is citing with regards to that passage since 1990 was when a lot of the major CAA amendments were passed, but the NAAQS dates back to the 1970 CAA which allowed the EPA to promulgate standards for air pollutants based upon standards intended to protect public health and with a reasonable margin of safety. That seems to be a point against the "no law against emissions" and "no determination of 'safe' levels'. I'd have to go back and read some of my notes with regards to fines since they are authorized, but they are context specific and I can't remember the timelines for when they were authorized by statute off hand.

The Congressional Research Service actually has a good write up about this: "Clean Air Act: A Summary of the Act and Its Major Requirements" (2022), https://crsreports.congress.gov/product/pdf/RL/RL30853

There are cases when it is appropriate to suggest an additional citation, but when the publications to be cited are not related to the manuscript under review, this is scientific misconduct and misuse of the position of the reviewer. This should be reported to the editors of the journal. If the editors do not support the authors in such cases, it is better to avoid this journal.

You may also look into these discussions:

The principle of immaculateness in digital evidence ensures evidence remains unaltered and reliable for legal proceedings. Key aspects include maintaining a strict chain of custody, using standardized forensic methods, authenticating the evidence, ensuring its admissibility in court, defending against legal challenges, implementing technological safeguards, adhering to professional standards, and managing the impact on investigation complexity.

In the near future, I shall answer this question by myself and give a reply to the present answers of contributors. I could not respond the answers, because I was extremely busy. I am sorry. June 23, 2024

Legal Acumen in School Leadership: The Bedrock of Educational Integrity

Introduction

Legal acumen in school leadership is fundamental to maintaining the integrity and effectiveness of educational institutions. It involves a comprehensive understanding of the laws and regulations that govern educational practices, ensuring that schools operate within legal frameworks while fostering a safe, equitable, and productive learning environment.

Importance of Legal Acumen in School Leadership

Benefits of Legal Acumen for Educational Integrity

Implementing Legal Acumen in School Leadership

Conclusion

Legal acumen in school leadership is not just a regulatory requirement; it is the cornerstone of educational integrity. By ensuring compliance, protecting rights, and promoting ethical practices, school leaders can create a trustworthy, equitable, and high-performing educational environment. This foundation of legal knowledge and ethical governance is essential for fostering student success and maintaining the overall integrity of educational institutions.

Bhawna Vijay

The legalization of same-sex marriage significantly impacts societal perceptions of family structure and dynamics by broadening the understanding and acceptance of diverse family forms. It challenges traditional notions of marriage and family, emphasizing that love, commitment, and parenting are not exclusive to heterosexual couples. This legal recognition promotes equality and inclusivity, leading to greater acceptance and normalization of same-sex families in society. It also provides same-sex couples with the same legal protections and benefits as heterosexual couples, fostering stability and security within these families. As a result, children of same-sex couples experience increased social acceptance and legal protection, contributing to their overall well-being. Over time, the legalization of same-sex marriage helps to dismantle prejudices and biases, encouraging a more inclusive and equitable view of family structures and dynamics.

Excellent question

Geopolitical changes and penalties vary by jurisdiction and violation type. same applies to regulatory frameworks.

You are wellcome.

The complexities of data protection legislation, such as the CCPA in the US and the GDPR in Europe, are critical to understanding when it comes to legal awareness in cyberspace. This entails understanding the rights of individuals with regard to their personal data, the responsibilities of organisations that handle such data, and the possible repercussions of non-compliance. Investigating the ways in which legal systems in various jurisdictions handle data protection issues might yield important information for improving legal awareness in cyberspace.

The IP (Intellectual Property) legal framework can significantly impact innovation in language technology in several ways:

Overall, the IP legal framework plays a crucial role in shaping the landscape of innovation in language technology by balancing the interests of creators, competitors, and the public. A well-designed and balanced IP system can foster innovation and promote the development of new language technology solutions.

"Scientists are testing environmental DNA as a tool to help search for, locate, and repatriate lost soldiers’ remains. The research is still in the fledgling stages, but if the findings prove promising, experts say, it could be a game changer in the field of forensic science..."

True. Do you think that the same principles may be shared all over the world as AI tools are accessible globally?

Is it possible for machine learning algorithms in Asia to follow the same principles as these prescribed in AI Act, namely as in Europe?

It's a comparative analysis of the laws in South africa and England, comparing them if the meet best international practices and giving recommendations where necessary

Shaden Shamel Abdullah Thank you

Any thoughts? Feel free to comment

sorry u have to translate to make me understand. My majoring is on Constitution. Tq

دراسة مهمة

دراسة مهمة

Dear Kheira Fellah ,

It is concluded that artificial intelligence has a dichotomous law nature. On the one hand, as a tool for working with information, it has the features of an object of law. On the other hand, it itself produces information and participates in communication, in terms of its qualities approaching the subject of law.

Regards,

Shafagat

The attached lecture contains reference to sui generis in the context of human rights law.

Dear Phelokazi Matyana

I would recommend you to read as much as possible and you will quickly realize how easily topics come to your mind.

Best regards,

Kamil.

All Praise is due to Allaah, we praise Him, and seek His help and forgiveness. We seek refuge in Allaah, Most High, from the evils of our own selves and from our wicked deeds. Whomever Allaah guides cannot1 be misguided, and whomever He leads astray cannot be guided. I testify that Allah the One, the Prevailing, the Exalted in Might, the Compeller, sent Muhammad - May the blessings of Allah be upon him- witness and a bringer of good tidings and a warner.

Allah Almighty said "And We revealed to you the message that you may make clear to the people what was sent down to them and that they might give thought." Surah An-Nahl.

The Islamic sharia encompassed all aspects of life, devoted great attention to the infallible rights of people, enacting provisions guaranteeing the administration of justice, restitution of grievances and establishing judicial rules in order to achieve security, stability and the separation of conflicts between members of society without favoritism or discrimination.

📷The works of jurists are full of these rulings and they have established rules and controls that cover all aspects of these issues, To ensure that the right is safeguarded and that

grievances are restituted and safeguarded from any theft or fraud, Such controls were of great interest to the study and attention on which many great jurisprudence such as judicial decisions were based; It has the path of stability among societies.

Among the jurists who paid attention to these regulations, and whose books are full of them, is Imam Ibn Farhun - may Allah have mercy on him - in his book (Insight of Rulers in the Fundamentals of Judiciary and Approaches to Rulings), which contained a wealth of knowledge that was unparalleled, as it included many jurisprudential controls on which the Imam built the principles. His doctrine, and this study focused on one aspect of it which is: Jurisprudential controls regulating judicial rulings and what is related to them, because this knowledge has a great importance for the entire nation.

The problem of this study is the lack of visibility of many of the jurisprudential controls scattered in the foundations of the most important jurisprudential books, and the great importance of these controls in revealing the rulings on issues, especially those that were not concerned with classification according to some jurists, and highlighting their practical aspects. This study attempts to answer the following questions:

What are the jurisprudential controls regulating the rulings of the judiciary and what is related to them from the book “Insight of Rulers in the Fundamentals of Judiciaries and Methods of Rulings” by Imam Ibn Farhun Al-Maliki - may Allah have mercy on him-? The following questions branch out from this question:

1-Who is Imam Ibn Farhun, and what is the importance of the Book Insight of Rulers in the Fundamentals of Judiciary and Approaches to Rulings?

2- What jurisprudence regulates judicial rulings and related of the book " Insight of Rulers in the Fundamentals of Judiciary and Approaches to Rulings?

3- What are the jurisprudential applications related tojudicial rulings?

1-Introduction to Imam Ibn Farhun al-Maliki and the importance of his book, Insight of the

Rulers.

2- A statement of the jurisprudential controls regulating judicial rulings and the related book, The Rulers Insight.

3-What are the jurisprudential applications related to judicial controls.

The importance of the study comes from the importance of studying the jurisprudential controls, highlighting the jurisprudential issues on them, and highlighting its most important ancient and contemporary applications for the benefit of the individual and society. Especially those issues that the jurists did not single out under specific sections or books in their works, such as the controls governing the judiciary, so it was important to single them out and explain their most important rulings and the controls that regulate these rulings and what includes under them.

This study specializes in trying to identify the most important controls regulating judicial rulings and the related book" Insight of Rulers in the Fundamentals of Judiciaries andMethods of Rulings" Accordingly, its limits are limited to the scope of this topic, and the results cannot be applied outside the framework ofthis study.

The course of work in this study requires the use of an inductive approach based on the extrapolation oftexts on the subject matter of the study in order to reach the legal controls governing the judiciary's jurisprudence in Islamic jurisprudence, and then the use of a descriptive approach to describe and explain the concept of these controls as well as the relevant controls, and mention some oftheir jurisprudence applications.

First: The study of Ibrahim Muhammad Abu Al-Qasim, which is a master’s thesis entitled: (Legitimate Policy : Comparative Study and Achievement of Part XI of the book Insight of Rulers in the Fundamentals of Judiciaries and Methods of Rulings By Judge Ibrahim bin Ali bin Muhammad bin Farhun al-Maliki) 2007 AD, Omdurman University, Sudan.

This study focused on the subject of the judiciary with the legitimate policy in matters of crimes, as compared to the Sudanese Criminal law. The plan of the study included an introduction and two chapters. The researcher divided the first chapter into two sections: In the first, he explained the popularity of the book Insight of Rulers and its importance and explained in the second: the approach to writing according to Imam Ibn Farhun, As for the second chapter: he devoted it to the judiciary and the Sharia policy in criminal matters compared to contemporary cases, as it included four sections. In the first, he defined: the Sharia policy and criminal principles, and in the second he mentioned: the rulings related to crimes of murder and harm, and in the third section: he explained the rulings related to money crimes. The fourth section included: crimes of drinking, public display, crimes against the family, and miscellaneous crimes.

What distinguished my current study from this study is that it specialized in independent aspects of the judiciary, explaining the most important controls that regulated these aspects and their various jurisprudential applications.

Second: Study: Fifth, Qanani, Master's thesis entitled: "Imam Ibn Farhoun and his vision in the judiciary in Shariah politics", 2010, Hajj Lakhdar University (Battneh), Algeria.

In the first chapter, she introduced Imam Ibn Farhun, his book, and his vision for the judiciary. Then, in the second chapter, she defined Sharia politics and the scope of the judiciary within it. She discussed the ethics of the judiciary and Sharia politics. As for the third chapter: I devoted it to talking about the types of judiciary based on the legal policy according to Ibn Farhun, which are represented by the judiciary by guarantee, the judiciary by imprisonment, the judiciary by eliminating harm, and the judiciary by blocking pretexts.

The current study differs from this study: my study dealt with the most important controls in the field of judiciary, which is a main heading under which many issues fall in various types of litigation and dealings between people.

This study included an introduction, four sections, each section containing several demands, and a conclusion, as follows:

Preface: a definition of Amam Ibn Farhun and the importance of his book" Insight of

Rulers in the Fundamentals of Judiciary and Approaches to Rulings"

His name and lineage: Ibn Farhun is Judge Burhan al-Din: Ibrahim bin Ali bin Muhammad bin Muhammad Abi al-Qasim bin Muhammad bin Farhun bin Muhammad bin Farhun Abu al-Wafa, son of the Imam al-Muhaddith: Nour al-Din Abi al-Hasan al-Yamari, al-Madani al-Maliki, and he is from Hijaz, born in Medina He was born in Medina after seven hundred years and grew up there. He assumed the Maliki judgeship in Medina in the year 793 AH-

1397 until he died on Eid al-Adha, in Dhi al-Hajjah in 799 AH. He was buried in Baqayq and He died in the eighth century AH in relation to the ages of his elders.) Al-Asqalani,

1969, p 75)

His lineage: His lineage goes back to Ya`mar ibn Malik ibn Yatham, a descendant of Rabi’ah ibn Nizar ibn Ma’ad ibn Adnan, and there is a difference in his lineage based on the different sources of translation, but the lineage we chose is what Al-Sakhawi summarized in Brilliant Light, and commented on it by saying: “This is how I read his lineage in his handwriting.) Al-Sakhawi, 902, p 92)

(Insight of Rulers in the Fundamentals of Judiciary and Approaches to Rulings) The author mentioned this name in the introduction to the book, saying: I called it the insight of the rulers into the principles of judiciary and the approaches to rulings and I arranged it into three sections: (Ibn Farhun, 1985, p 789)

The third section: In the provisions of legitimate policy(4 ) The book is divided into two parts, in which Imam Ibn Farhun - may God have mercy on him - dealt with the jurisprudence of the judiciary, because the jurisprudence of the judiciary is for the sake of knowledge, the most prestigious in its status, and the most honorable in its mention. Because of its great impact on stability. Society, preserving the foundation of justice, preventing injustice and resolving disputes.

What is meant by the rule of the ruler in this adjuster: the rule of the Sultan and the judgment of the judge.

Language Provision: Al-Hakam - with the addition of the H and its opening - is a source of ruling that rules. Ibn Faris said: (The ha, the kaf, and the meem) have one principle, which is prevention, and the beginning of that ruling, which is prevention from injustice. ) Ibn Faris, 1979, p 93)

Judgment terminologically: What is meant by ruling in this rule is judicial ruling, and every ruling is decided by the guardian in the affairs of the subjects in their interests and disputes, and what is meant by it is ruling according to the fundamentalists, (Al-Isnawi, 1999, p 772) Jurists have defined the ruling with several definitions, the most important of which is that it is: “the adjudication of a dispute between two or more adversaries by the rule of God Almighty". (Ibn Abidin, 1992, p 352)

The appearance is a language: from the appearance of the object, if it turns out and stands out after the invisibility , and the appearance is contrary to the subcontractor, which is clearly exposed. (Al-Fayrouzabadi, 1993 ,p 817)

The apparent terminologically: is the word that has been made clear by simply hearing it without presumption, and it is possible to interpret and personalize, and the judgment used in it is inadvertent and corresponds to it at the tap text, interpreter and arbitrator, which precedes the minds and illusions of its appearance as a subject in what is meant by its example. Allah Almighty said" O mankind, fear your Lord" Surah An-Nisa, Verse 1, Allah Almighty said" But Allah has permitted trade" Surah Al-Baqarah is a verse 275, Allah Almighty said " amputate their hands" Surah Al-Ma'idah is a verse 38. This and the like are apparent.

It depends on what is meant by it by hearing the formula and its ruling on the necessity of its imperative, whether general or specific, and what is apparent according to jurists is: “It is what is most likely and most likely to occur". (Al-Zarkashi, 1985, p 312)

According to the majority of fundamentalists, it is equivalent to the text. (Al-Sarkhasi,

1999, p 157)

It is known to us that the judiciary is based on a case brought by one of the other's adversaries with evidence and evidence. The defendant presents this case. The judge hears the two of them, explains their evidence, and then bases the judgement on the apparent appearance of what he himself has established, and his senses have realized that it is difficult to know the truth; The truth in the matter of absenteeism is known only by the Almighty God, who takes over the beds and rules them on doomsday in the Court of Absolute Justice; That is why the judge's judgement does not change the truth of things in validity and invalidity, nor does it transfer things from what they are.

The ruler’s ruling does not remove a thing from its nature. ( Ibn Qadamah, 1968, p 53)

The Adjuster’s evidence is from the honorable Sunnah of the Prophet as follows:

Umm Salamah- may Allah be pleased with her- narrated: Two men came and were disputing over inheritances that are studied, but there was no evidence between them, so The Messenger of Allah - May the blessings of Allah be upon him- said: “You are disputing against me, but I am human, and perhaps some of you will be more sensitive to his argument than others.” So I will judge for him according to what I hear. Whoever I judge for him something that is due to his brother should not take it, for I am only isolating for him a piece of fire. ( Al-Bukhari, 1442, p 180)

The significance of the noble hadith: The Messenger of Allah - May the blessings of Allah be upon him- tells that he is a human being and does not know the unseen, butrather rules according to what is apparent to him, so if it agrees with the truth and the reality in it, and you are blessed, even if the apparent contradiction with the truth and reality, then what is ruled upon is not the right of the one to whom it was ruled. Rather, itis forbidden, and taking itis forbidden, and it is a piece of the Fire that he deserves on the Day of Resurrection. (Al-Shawkani, 1993, p 332).

Abu Saeed Al-Khudri - may Allah be pleased with him- narrated a long hadith, in which a man misbehaved with the Messenger -May the blessings of Allah be upon him- so Khalid bin Al-Walid- may Allah be pleased with him- asked to beheadhim, and the Messenger of Allah-May the blessings of Allah be upon him- said: “No, perhaps he should be praying.” Khaled said: How many worshipers say with their tongue what is not in their heart? Then the Messenger of Allah- May the blessings of Allah be upon him- said: “I have not been commanded to dig into people’s hearts, nor to open their stomachs". (Muslim, 1064, p 742)

Indicator: Imam Al-Nawawi said: "I have ordered that I rule in the obvious sense, and Allah is responsible for secrets, as said by the peace and blessings of Allah:" So ifthey say so, their blood and wealth are protected from me except rightly, and their reckoning with Allah". (Al-Nawawi, 1392, p 163)

Firstly: If a person claims to marry a woman, and brings two false witnesses to the marriage, and neither the woman nor the judge can challenge their testimony, then the judge rules that the marriage is valid based on what is apparent from the testimony, but his ruling does not make it permissible for the convicted person to enjoy the woman, and she must abstain as much as possible, if she is forced There is no sin on her, and sin on him. (Ibn Farhun, p

84)

Secondly: “If the contracting party said about the condition of ratification after knowing the different people of the differences of the scholars regarding the obligation and invalidation of an oath, and he took the opinion of those among them who believed that it was invalid, will that benefit the lord of the religion and remove it from the dispute? It was said: It will benefit him and the oath is waived from him, and it was said that the oath is necessary, and the debtor does not have the right to choose over the judge and rule for himself, according to the saying of someone from the people of knowledge, but rather the judge rules according to what appears to him. (Al-Shirazi, p 468)

Third: If a judge awards money, property, or anything else, for an immoral oath, or false testimony, and the person to whom the ruling is made knows that he does not actually deserve that, what he ruled is not permissible for him, because the judge rules according to what appears, but he does not change the facts of things so It does not permit what is forbidden nor prohibit what is permissible. ( Ibn Farhun, p 170)

Fourth: If two witnesses testify before the judge against a man that he divorced his wife three times, and he separated between them based on their testimony, and they were aware that they were lying, the divorce shall be carried out in the apparent form of the judicial ruling based on the apparent matter, and the wife shall not be divorced in the truth and in the truth of the matter, and therefore it is not permissible for either of them to marry her with His knowledge of the situation allows the previous marriage to remain, because the judge rules according to what appears, and ruling according to what appears does not change the reality of the matter.

Fifth: If the judge annulls the marriage between the spouses due to a defect proven in one of them through false testimony, then the judge’s ruling is implemented on the surface only; Because the ruler rules according to what is apparent, and does not enforce what is hidden, and the marriage remains subsisting in secret, and they are entitled to enjoyment, and inheritance remains between them if one of them die.

The second topic: necessity's Judiciary is permissible. (Ibn Farhun, p 21)

Since the judiciary is one of the most important and prestigious positions, and performing it is one of the most dangerous tasks; Because through it, people’s needs are met, and rights are returned to their owners, it was necessary to take into account important conditions when choosing who would assume the judiciary, so the jurists stipulated several conditions for appointing a judge, and the Messenger of Allah- May the blessings of Allah be upon him - Omar and Ali- may Allah be pleased with them- and the rest of the caliphs, were. They are strict in selecting judges who are qualified to judge.

Imam Ibn Farhun - may Allah have mercy on him - said: “If the imam wants to appoint someone as a leader, he should strive to do so for himself and for the Muslims, and he does not show favoritism or intend to appoint anyone except for the sake of Allah Almighty. It was narrated on the authority of Omar Ibn Al-Khattab - may Allah Almighty be pleased with him - that he said: There is no prince who commands. ” A prince or a judge who seeks justice from favor, unless he is liable for half of what he has earned from the sin, and if he orders or seeks justice for the sake of Muslims, he is his partner in what he did". (Ibn Farhun, p 25)

Among the most important conditions for judiciary agreed upon are: ( Al-Kasani, p 323) Islam, maturity, reason, freedom, integrity of the senses, justice, knowledge of legal

rulings, masculinity, and diligence.( Al-Kasani, p 323)

The jurists added some desirable conditions, which are called conditions of perfection, such as chastity, piety, patience, dignity, forbearance, wisdom, being from the people of the country, known lineage, vigilance, avoiding trickery, wealth, acumen, respectability, and others. ( Ibn Farhun, p 1994, p 375)

If these conditions are met, the person must be appointed, and if there are a number of persons, the best and fittest must be appointed to Muslims, taking into account the qualities of perfection and the conditions desired. If one or more of the necessary conditions is lost, whoever meets the other conditions of necessity may be appointed, and jurists call it the judge of necessity, Because the imperatives permit prohibitions, but they must be restricted in the narrowest cases, and be valued only to the extent that they are, the hardship in the absence of full due conditions brings facilitation in the appointment of the judge of necessity, and this is what is meant by the adjuster. ( Al-Haitami, 1983, p 114)

If a person is appointed to judge who has missed the obligatory conditions agreed upon, then his judgement is valid and carried out out of necessity, so that the judiciary is not disrupted and rights and rulings are lost, but he must state his evidence in all of his rulings and his statement “I ruled thus” is not accepted without explaining his evidence in it. (Al- Ramli, p 240)

It indicates the adjuser's origin from the Holy Qur’an, the Sunnah of the Prophet, and what

is reasonable, as follows: From the Holy Quran:

Allah said :( So fear Allah as much as you are able) Surah Al-Taghabun is a verse 16

The significance of the noble verse is that Allah Almighty commanded those responsible in the noble verse to strive to be pious in their affairs as much as they are able to do so, especially when they choose someone who follows their command and is responsible for resolving disputes between them. ( Al-Shawkani, 1993, p 284)

Allah said: (Allah does not intend to make difficulty for you) Surah Al-Ma'idah is a verse

6. and Allah said: (and has not placed upon you in the religion any difficulty) Surah Al- Hajj is a verse 78. The significance of the two noble verses is that Allah Almighty has

removed the embarrassment from His nation, and does not want to make them embarrassed

by what they cannot, or by what they cannot find, or by what they cannot find, and it is missing for them. Therefore, it is permissible to make up for what is necessary when needed, so that making upfor it is not disrupted.

)Al-Tabari, 2001, p 644)

Abu Hurairah- may Allah be pleased with him- narrated that the Prophet- May the blessings of Allah be upon - said: “If I forbid you from something, avoid it, and if I command you to do something, do as much of it as you can". ( sahih, 1337, p 975)

The basis of inference: The matter in the hadith is an order to enforce binding rulings, including appointing judges according to ability, and not entrusting people with what they are unable to do. Al-Nawawi-may Allah Almighty have mercy on him- said about his saying: “If I command you to do something, then do as much of it as you can.” This is one of the important rules of Islam, and one of the comprehensive words that he- Maythe blessings of Allah be upon - gave, and countless rulings are included in it. ( Al-Nawawi,

1392, p 102)

Rule: "Imperatives permit prohibitions".

First: It is not valid to imitate a blind person to judge, but if the blind person is appointed for a benefit, his imitation is valid, and it is a matter of necessity. If the judge was sighted and became blind, he must be removed. If he ruled before the removal, his judgment is valid out of necessity. ( Ibn Farhun, p 13)

Second: If the immoral person is appointed to the judiciary, then his judgment is not valid according to the majority , and it is valid according to some of them. According to the opinion of the majority, if he appoints the immoral person then it is a matter of necessity, and likewise if he is just, and immorality occurs to him while he is a judge, then the majority said that he must be dismissed, butif the ruling is valid It is necessity's Judiciary. ( Ibn Farhun, p 453)

Third: If the imitator is appointed to judge, with the availability of hardworking people, then his appointment is not valid, except in cases of necessity. If the hardworking people are missing, the appointment of the imitator is valid, his judgment is valid, and his ruling is implemented. He is a judge of general necessity, and he judges the fatwa of his imitator, and consults scholars, because preventing the appointment of imitators to the judiciary is a disruption of the rulings. And the cause of pandemonium, strife and conflict. ( Ibn Farhun, p 453)

Fourth: It is permissible to plead to judges appointed by the rulers ofinjustice and tyranny out of necessity, because a person has the right to take his rights however possible, and by analogy with the permissibility of pleading with the violator to the violator in order to achieve the fulfillment of the right, let it be permissible with the unjust believer.

1- If a non-Muslim takes over Muslims, his judgment is null and void by agreement, and he is no longer the judge of necessity, according to what Allah Almighty says(and never will Allah give the disbelievers over the believers a way) Surah An-Nisa is a verse 141, Because the purpose of the judiciary is to implement the Sharia rulings, and the infidel is ignorant of them. ( Ibn Abi al-Dam, 1983, p 70 – 71)

2- If the judge is ignorant and does not read or write except his name and his father’s name, and appears dull and stupid, then he is not appointed, and it is not permissible for testimony tobe given to him, for he may go beyond falsehood, Ibn Farhun-may Allah Almighty have mercy on him- said: “The guardianship of an ignorant person is not valid". (Ibn Farhun, p

21 – 22)

The third topic: The judge does not have the right to pardon within the limits of punishment, but he has the right to pardon with discretionary punishment(43).

Punishment concept: Plural of punishment, which is the punishment prescribed by law as a right for Allah Almighty, and the punishments are in seven things, which are: apostasy, banditry, adultery, slander, theft, drinking, and prostitution.

discretionary punishment concept: It is a punishment that is not legally prescribed. Ibn Farhun -may Allah Almighty have mercy on him- says: “discretionary punishment is a discipline that corrects and rebukes sins for which no punishment or expiation has been prescribed, Ibn Qudamah-may Allah Almighty have mercy on him- said: “discretionary punishment is the legitimate punishment for a crime for which there is no punishment.

If the punishment is established before the judge and he is certain of them, he must establish the punishment determined by Sharia law. Because the punishment is a right of Allah Almighty, and He does not tolerate it, and He does not have the authority to change it, or pardon it, and the intercession of any of the creation is not accepted regarding it, regardless of his quality. However, if the punishments do not reach the authority, and they are between people, then intercession and forgiveness are permissible in them. ( Al-Hasani, p 298)

It becomes clear to us that discretionary punishment is punishment, discipline, and correction, and the ruler has the right to pardon and revoke it if it is Allah Almighty’s right, when he sees the benefit in that. Because the matter is up tohim, and to his discretion, and the interest may be in pardoning and forfeiting according to the circumstances and people, but if the punishment is the right of individuals, then they have the right to pardon and forfeit whenever they want.

The significance of the noble verses is that the command therein indicates a definite obligation, and that these limits are a right of Allah, Blessed and Most High, and it is not permissible to deviate from them or be negligent in them.

On the authority of Aisha- may Allah be pleased with her- that the Quraysh were concerned about the Makhzoumiya woman who had stolen, so they said: Who will speak to the Messenger of Allah- May the blessings of Allah be upon him -? Who would dare him except Osama, the love of the Messenger of Allah- May the blessings of Allah be upon him -? So he spoke to the Messenger of Allah- May the blessings of Allah be upon him - and said: “Do you intercede regarding one of Allah’s punishments?"

Then he stood up and delivered a sermon, and said: “O people, those before you went astray, in that if the noble among them stole, they would leave him, and if the weak among them stole, they would impose punishment on him, and I swear by Allah, if Fatima, the daughter of Muhammad, had stolen, Muhammad would have cut off her hand(48)".

(48) Narrated by Al-Bukhari, Sahih Al-Bukhari, Book of Punishments, chapter on the dislike of intercession in a punishment if it is brought to the authority, No. 6788, vol. 8, p.

160. And Muslim, Sahih Muslim, Book of Punishments, Chapter: Cutting off the Noble

Thief and Others, and the Prohibition of Intercession in Punishment, No. 1688, Part 3, p.

1315.

The significance of the noble hadith is that it indicates that the ruler is prevented from waiving the punishment if he reaches it and is confirmed by him, since when the theft from the Makhzumiya was proven, and its people appointed Osama- may Allah be pleased with him- to intercede for the punishment to be dropped, the Messenger -May the blessings of Allah be upon him - denounced that. ( Ibn Battal, 2003, 410)

First: A discretionary person may be forgiven. If Allah has the right, he shall be deprived of the right of human beings and the right of the Sultanate is unique to him, then the ruler has the right to take into account the ruling of the best in pardoning and discretionary punishment.

Second: If a person drinks alcohol or wine, and this is proven by the judge, he will flog him with eighty lashes, and he must be punished for drinking a little or a lot, and it is not permissible for him to pardon him. ( Ibn Farhun, p 298)

Third: If the theft is proven according to the judge's conditions, it must be severed and no pardon may be granted. (ibid, p 246)

Fourth: If adultery is proven according to the judge's conditions, Stoning, flogging and alienation must take place, and only the ruler shall assess the punishment and may not drop it". (ibid, p 248)

Fifth: Anyone who breaks another's lineage, or accuses him of adultery, has no evidence to say, and has been found guilty of defamation in front of the ruler, shall be punished with flogging, shall not drop the punishment and shall not pardon it.

The fourth topic: The ruling of the ruler does not permit what is forbidden nor prohibit what is permissible of his knowledge.

The first requirement: the adjuster’s explanation. ( Al-Mughirah, p 1407, p 527)

The ruling issued by the judge in the lawsuits and disputes brought before him depends on the evidence and evidence provided by the adversaries in the Judicial Council, then on his diligence and appreciation of the reality of the situation. In both matters, error and falsification are possible on the part of the litigants. If the judicial ruling is issued and it is consistent with the truth and reality, it is ostensibly implemented. And secretly, according to the agreement of scholars, because the ruling is consistentwith the truth and the facts of things, and the one who was awarded the ruling was lawful and kind to the person to whom the ruling was granted, and it is permissible for him to take it without resentment or embarrassment, but rather he has the reward for claiming hisright, defending it and collecting it, in compliance with the noble hadith prohibiting wasting money.

If the judge's judgement is contrary to fact and reality, whether in good faith, error, sound diligence, or in bad faith by the plaintiff, or evidence and arguments, or by the judge himself, then there is detail in that:

1-If the judge’s ruling cannot be constructed, but rather is limited to exclusively revealing the past, such as the property transferred and the inheritance to one of the heirs, then his ruling here does not change matters from what they are, and does not change the facts of things, It is based on the apparent; Because the judge does not have the authority to establish in these cases, ownership must have a reason in the past, and inheritance depends on specific and established reasons, which the Sharia entrusted to explain exclusively to the heirs, and accordingly. )Al-Kasani, 2004, p 219)

If the ruling agrees with the past, it is correct, both apparent and hidden, and if it contradicts the truth and reality, it is invalid, and taking itis truly forbidden, and whoever takes it is taking a piece of fire.

2-If the judge has the authority to establish some contracts, such as marriage and divorce, and sales and annulments, then the scholars differed regarding that, with two opinions:

The first: The saying of the majority of jurists from the Malikis , the Shafi’is , the Hanbalis, and the saying of the two Hanafi companions, which is that the judicial ruling does not change the facts of things, nor does it change matters from what they are, and that the legal description in them is not changed by the ruling, so what is forbidden is not permissible. What is permissible is not forbidden, but its effect is limited to what is apparent in the event in this world according to what is possible for the judge to see, The ruling has no structural consideration, and the judiciary and judgment are carried out according to what appears to be the case, and the judge and the adversaries are only assigned to the extent of human capabilities, and if the judiciary falls short of reaching the truth, such as relying on false testimony that reveals the truth and conceals lies, or forged writing, or a false oath, or a sham confession. Or if the evidence is completely lost, and the judge rules of acquittal, the ruling does not change the facts of things, and the convict remains unjust, and his liability is fulfilled. ( Al-Qarafi, 1994, p 144)

The second: It is the saying of Abu Hanifa- may Allah Almighty have mercy on him- which is that the ruler’s ruling affects things, and what is forbidden becomes permissible by ruling, and what is permissible is forbidden by judgment, and that the ruling is like the actual truth after it was issued, even if it did not represent it in the past; Because it is tantamount to a contract or annulment, and it is an establishment, and everything in which the judge ruled

outwardly forbidding it is inwardly so, and if he ruled to make something permissible, it is permissible, and he has evidence for that, but it was not proven upon investigation, and Imam Abu Hanifa- may Allah Almighty have mercy on him- stipulated the validity of the construction and its effectiveness. The ruling, both apparent and hidden, is that the judge does not know that the plaintiff and witnesses are lying, and that the subject is capable of doing so. ( Ibn Qadamah, p 266)

The significance of the noble verses is that taking people’s wealth by sin is forbidden and invalid, even if it is done through a judiciary, because the ruler’s ruling does not turn invalid matters into correct ones, nor does forbidden wealth into permissible ones. Sharih al-Qadi used to say: “I will judge for you, and I think that you are unjust, but no.” I can only make a ruling based on the evidence that I can bring to my attention, and my ruling will not make lawful for you what is forbidden". (Al-Baghawi, 1999. P 234)

Umm Salamah - may Allah be pleased with her - narrated: Two opponents came and were disputing over inheritances that were studied, but there was no evidence between them. Then the Messenger of Allah - May the blessings of Allah be upon him - said: “You are disputing against me, but I am only human, and perhaps some of you will be more compassionate, so I will decide for him in a way that I hear.” Whoever I decree for him something that is due to his brother, let him not take it, for I am only granting him a portion of the Fire". ( Al-Bukhari, 2003, p 181)

The evidence from the noble hadith refers to: The judgment of the Messenger - Maythe blessings of Allah be upon him - does not turn falsehood into truth, does not change the facts of things, does not make lawful what is forbidden, does not make unlawful what is lawful, and does not remove a thing from its quality. So whoever the Messenger of Allah rules for him something that is his brother’s right, it is not lawful for him, and he becomes a piece of fire. And it leads its owner to hell. ( Ibn Battal, p 254)

First: If a man claims against a woman that he married her, but he did not actually marry her, and two witnesses testify to him that he married her, and the judge rules based on their testimony, then she is not permissible for him at all. The same applies if a woman claims marriage to a man and he denies it, and she brings witnesses, and the judge rules for her. (Ibn Farhun, p 145)

Second: If a man divorces his wife three times, then claims that she is his wife, and two false witnesses testify to that, and the judge rules that the marriage is valid, it is not permissible for him to have intercourse with her. There is no disagreement between the majority and Abu Hanifa regarding that; Because the man knows the truth about the matter

of triple divorce, and the ruling of the ruler does not change things from what they are, and does not change the facts of things. (Ibn Abi al-Dam, p 493)

Third: If two witnesses deliberately testify falsely against a man that he divorced his wife, and the judge accepts their testimony due to their apparent fairness, and separates the man from his wife, and then the waiting period has passed, then it is not permissible for one of the two witnesses to marry her; Because he knows that he is lying in his testimony, and the judge’s ruling does not change things from what they are. ( Ibn Farhun, p 145)

Fourth: A man said to his wife: You are divorced from a bond, or I let you go, or I separated from you with my body, so she is not divorced according to what appears to be the case. Because his words were related to what distracted the word from its reality, and divorce became a metaphor, his intention was accepted, and the matter remained between him and Allah as a religion. ( Al-Shirazi, p 293)

Fifth: If a person claims to buy an item from another person, and he denies it, and the plaintiff brings two false witnesses to the purchase, and the judge rules accordingly, then the judge’s ruling does not confirm the contract, nor does it change matters from what they are, and it is not permissible for the buyer to take the sold item(71).

If two false witnesses testified to a man that this woman is his daughter, her lineage from himis proven outwardly and inwardly, and he becomes forbidden to her and her heir, because the testimony proves lineage, and Sharia takes precautions to prove lineage. ( Ibn Abi al-Dam, p 169)

First: The importance of the book “Insight of Rulers in the Fundamentals of Judiciary and Approaches to Rulings” by the scholar Ibn Farhun - may Allah have mercy on him -, as this book enriched the Islamic library with the most important principles of the judiciary and the pillars of governance and politics, so it became a reference for all scholars and jurists who seek this knowledge.

Second: necessity's Judiciary is permissible; So that the judiciary is not disrupted and rights are lost, provided that its document is stated.

Third: The judge has the right to pardon in discretionary punishment without the punishments if itis proven before him and be certain of it, Because the punishment is the right of Allah Almighty.

i. Al-Isnawi, Abd al-Rahim bin al-Hasan bin Ali (d. 772 AH), Nihayat al-Sul Sharh Minhaj al- Wusool, 1st edition, vol. 1, Dar al-Kutub al-Ilmiyyah, Beirut, 1999 AD.

ii. Al-Bukhari, Muhammad bin Ismail Abu Abdullah Al-Bukhari Al-Jaafi, Al-Jami’ Al-Musnad Al- Sahih, a summary of the affairs of the Messenger of Allah- May theblessings of Allah beupon him - his Sunnahs and his days = Sahih Al-Bukhari, Dar Touq Al-Najat, 1st edition, 1422 AD.

iii. Ibn Battal, Abu Al-Hasan Ali bin Khalaf bin Abdul Malik (d. 449 AH), Explanation of Sahih

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Courts have challenges when interpreting smart contracts. Smart contracts have a unique language and logical structure that experts cannot simply translate into standard human languages. Smart contracts' automatic execution may lead to changes in how they are interpreted forensically, maybe requiring the creation of a "reasonable coder" assessment. Defects in smart contracts are usually analyzed within the context of breach of contract or unjust enrichment principles rather than as grounds for nullification. It is important to assess how smart contracts affect interpretation systems by comparing them to standard-form agreements and applying appropriate interpretation criteria. The nature of smart contracts, whether they function as independent legal agreements or as instruments to carry out legal agreements impacts how they are understood. The legal system's compatibility with smart contracts and their possible application to intricate legal services in remote regions are crucial factors to address.

In my opinion, the penalty provisions for violating the agreement are invalid.

The penalty is the "legal consequences" part of the complete contranctual article, and contract law that discourages illegal behavior, will also invalidate its legal consequences. And the law stipulates that real estates can only be transferred by " registration", and over-the-counter transactions are not allowed, which is a basic requirement to protect transaction security. Furthermore, the breaching party's duty of good faith shall be based on the most basic spirit of the contract, and there is no room for compliance with illegal agreement, and it cannot engage in illegal activities because of good faith.

If remedial measures are considered, where one party has paid the purchase price of a house, but is unable to register and cannot obtain the property, the breaching party can be required to return the unjust enrichment and return purchase price that has been paid; At the same time, considering whether the counterparty is at fault in the negotiation process of such transaction, it claims the liability for negligence in the contracting of invalid agreement, and requires appropriate compensation for loss of opportunity cost of negotiation.

I believe that this question is very difficult to answer in a short and concise way, as it is very important to understand and specify the uses of smart contracts, the legal nature and recognition the blockchain operates with, as well as the sector or service it provides.

Without solving these issues, it would be quite difficult to achieve the intended outcomes of using emerging technologies.

لتضامن التعاقدي هو عنوان مألوف ويبدو تقليديا أنه نظام مستقر ومستقر. ومع ذلك، يرى المتأمل أنه يثير مشاكل قانونية حرجة، سواء تعلق الأمر بالمواءمة بينه وبين القواعد العامة للعقد أو الالتزام بالتعاون المعلوماتي والأمني، باعتباره نقطة توازن بين المصالح المتضاربة للمتعاقدين. ويؤدي إلى ظهور حقوق شخصية تضمن الحماية القانونية للعقد، مما يسمح للمشرع والقاضي بالتدخل للتأكد من فعالية أحكامه؟ كيف يمكن لكل طرف في العلاقة التعاقدية أن يلبي التوقعات المشروعة للطرف الآخر دون الإضرار بالطرف الآخر؟ مما يعني أن كل فرد مدين للآخر ومدين للمجتمع في ظل فكرة التضامن؟ إن الدراسة التحليلية لهذا الموضوع في هذا البحث هي محاولة جادة للإجابة على هذه التساؤلات. المصالح الأنانية للطرفين قبل إبرام العقد تنقضي وتختفي عند تنفيذ الاتفاق، وذلك من خلال اعتماد الطرفين على بعضهما البعض لتحقيق مصالحهما المشتركة، وهو ما يسمى بالتضامن التعاقدي. إن فكرة التضامن ليست وليدة اللحظة. إلا أن ظهوره امتد إلى فترات متفاوتة، وعلى هذا الأساس سيتم تقسيم هذا البحث إلى موضوعين يتناولان مفهوم التضامن التعاقدي. وفي الجزء الثاني سنشرح كيفية توافق التضامن والعقد

Dear Das,

These are some of the key legal complexities related to cross border transactions in the context of Ghana's Contract Act (Act 25) and Sale of Goods Act (Act 137), as well as a brief comparison to other countries:

Registration/Documentation Requirements

- Ghana's Contract Act and Sale of Goods Act do not contain specific provisions related to cross border transactions. However, cross border sales may require additional documentation such as customs forms, import licenses, certificates of origin, etc.

- Similar documentation is typically required for cross border transactions in other countries as well to comply with customs regulations. The specific forms and processes vary by country.

Applicable Law & Jurisdiction

- Ghanaian law, as well as the laws of the other country involved, may potentially apply to cross border contracts. This can create uncertainty over which country's laws govern the transaction.

- Contract terms should clearly specify which country's laws apply and where legal disputes will be resolved. Many countries treat this as a contractual issue that parties can determine via agreement.

Payment Terms & Methods

- Cross border transactions involve additional risks related to payment methods, currency conversions, and potential bank/country restrictions on funds transfers.

- Payment contractual terms should reflect issues like currency conversion timing/rates, account details, and contingency plans if transfers fail. These issues apply broadly to cross border transactions globally.

Taxes, Duties & Import Restrictions

- Goods imported to Ghana may be subject to customs duties, VAT, excise taxes, etc. which adds costs if not properly accounted for.

- Most countries have complex import regulations, quotas, tariffs, and restrictions by product type that parties must consider for cross border sales.

In summary, while Ghana lacks specific regulations around cross border sales, parties should address documentation, applicable laws, payments, taxes, and import restrictions to minimize the legal uncertainties involved. Many of these issues are common globally.

Hi Artem, as a Ghanaian and African, I will contextualize your question within the Ghanaian and African contract law context and make statements to support the answer I provide.

Ghana's Contract Act is based on English common law principles of offer, acceptance, consideration, capacity, and intention to create legal relations. Smart contracts challenge these foundations by encoding agreements directly into blockchain networks using rigid, self-executing code. Ghana's focus on objective determination of mutual assent and valid consideration struggles to adapt to this automated paradigm. Similarly, Nigeria, Kenya, and Rwanda rely on identical English contract law doctrines around consent, invalidating factors, and enforceability. None of their prevailing acts conceptualized blockchain's ability to transmit assets and trigger irrevocable transfers through decentralized execution. Regional legislation also emphasizes written documents and wet ink signatures, which smart contracts bypass through cryptographic validation. While Ghana's Contract Act values flexibility and good faith in contractual dealings, smart contracts' utter reliability on strictly defined parameters clashes with this. Ultimately, the rigid and transnational qualities of smart contracts conflict with common law African nations upholding English principles valuing documented intent, subjective mutuality, and jurisdictional authority. Adapting legacy frameworks remains a key challenge.

Dear Artem,

One essential aspect of smart contract is the lack of regulatory framework surrounding smart contracts. Traditional contract law may not absolutely observe these digital agreements, mainly due to uncertainty and capability disputes. Additionally, problems related to jurisdiction and enforceability rise up while parties come from different countries with different jurisdictional laws.

Another challenge is the capability for coding errors or vulnerabilities in smart contracts. If not properly audited or examined, these flaws can cause unintentional outcomes or safety breaches. This increases questions on liability and obligation while matters move in the wrong direction for contracting partners.

However, there are also possibilities related to developing and deploying smart contracts. For instance, they are able to streamline complicated transactions with the aid of automating techniques and lowering costs related to intermediaries. Smart contracts also provide transparency as all events have admission to equal facts at the blockchain.

Furthermore, rising technology like AI can be included into smart contracts to enhance their effectiveness. AI algorithms can examine huge amounts of statistics in real-time, permitting extra correct selection-making in the agreement execution manner.

I think you'll find that as with visuals, the results will vary by individual. Musicians, in my experience, vary from "this is great and going to speed up my creative process" to "this is the worst thing to ever happen in music". The legal profession is still catching up on this, so I would watch cases as they unfold. I've yet to hear an AI-generated song that comes close to matching the nuance that a human can produce.

Dear Dr. Nikola M. Milentijević

I think they can "suggest". A sole suggestion does not qualify as a prohibited act. The problem is when they make the publication conditional on a change of affiliation - here I would oppose.

Best regards,

Kamil.