Search results for: religious court

Authors: Mohammad Afghari

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Since the inception of intellectual movements in Iran, Iranian thinkers have perennially found themselves at the crossroads of indigenous traditionalism and Western orientation. On the one hand, supporters of indigenous thinking have emphasized the defense of cultural, national, and religious values. On the other hand, Western-leaning intellectuals, often derogatorily labeled as ‘Westoxication’ by their indigenous counterparts, have been inclined towards embracing non-indigenous ideas and ideologies, primarily of Western origin. In this historical context, the dualistic nature of Iranian intellectuals, evolving amidst the era of globalization and its swift advancements in communication, has not only retained its inherent character but has evolved into a broader duality that can identified as ‘Iranian-Cosmopolitan’. In this duality, both in its classical form of indigenous-Western and its contemporary manifestation as Iranian-Cosmopolitan, the Iranian national identity has consistently been a significant part of intellectual discussions. While critically examining this dualism through a historical lens and drawing upon the theories of Anthony Smith, a historical sociologist and British theorist of nationalism, this article delves into the importance of aligning national identity with the prevailing societal transformations, especially globalization. It underscores that Iranian intellectuals, to national identity reconstruction in the present age, will find no solution other than discarding this dualism and reconstructing national identity within a global framework.

Keywords: Iran, Iranian intellectuals, globalization, localism, national identity, cosmopolitan

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Authors: Naseem Akhter, Rozina Khattak, Arshad Munir

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The Islamic social and family system is very clear concerning will, choice, consent and negation of compulsion and force in human life. Marriage is not only a civil contract but also a religious and spiritual contract between spouse (man and woman), which allows them for each other to live gladly, joyfully and legally in the society. It is an immortal and perpetual association between man and woman, which is filled with sympathetic affection, kindness, compassion and security. Islam gives specific rights to parents and guardians to set up the marriage ceremony and get done it as a respectful family occasion, confer their blessing and advice for a life partner of their children. The rights of parents and guardians are summed up in the term of "Willayah”. Islam does not permit parents, guardians and other relatives to compel their children regarding the marriage of their choice, because the groom and the bride are the real parties of the contract. Therefore, their willingness is of prime importance in order to spend whole life with each other. The Holy Prophet (peace and blessings of Allah be upon him) prohibits forcing a virgin to marriage without her permission, whether this is her father or someone else. The right of free consent to choose a life partner is the basic right for the human which is God (Allah) gifted. Unfortunately, forced marriage is a common practice in Pakistani society that has no link with Islam. This article is being written in the same context.

Keywords: choice, consent, forced marriage, Islam, parents, spouse

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Authors: Burak Unveren, Ecem Uygun, Özdemi̇r Teke

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A large body of literature documents how the Ottoman Empire's economic decline in relation to Western Europe was exacerbated by the unequal legal treatment of its subjects based on creed. Motivated by this debate, we empirically explore whether property taxes collected from businesses in Istanbul discriminated against or favored non-Muslims after the cadastral survey of the capital in 1875. The survey was conducted to determine the property taxes. And the process was potentially susceptible to the biased views of the surveyors who calculated the taxes payable via their subjective appraisals of all real properties. According to our results, in contrast to widely held beliefs regarding 19th-century Istanbul, the number of Muslim shop owners is higher than that of non-Muslims. Moreover, we find evidence for taxes collected from non-Muslim shop and store owners to be higher compared to Muslims, even after controlling for all physical features (e.g., size, location, etc.). These results directly pertain to the fiscal capacity of the Ottoman state and its economic divergence from Europe in the 19th century. Surprisingly, the data also indicates no statistically different tax differentials between male and female property owners.

Keywords: economic history, taxation, small business, discrimination

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Authors: B. Waked Najar

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Since the spread of Covid- 19, Israel and other countries suffer from lockdowns and social distance, which impose different kinds of restrictions. On the one side, many organization closed and unemployment increased, bringing about economic problems and distress. On the other side, family ties were damaged due to inability to sustain close relations with some family members and too frequent interactions with others. Unfortunately, conflicts within families, controlling behavior and domestic violence appear more often. Purpose: to examine the phenomenon of domestic violence and its expansion during the Covid-19 crisis, to propose and classify strategies of dealing with it, including encouragement of public systems providing more information and support to domestic violence victims. Methodology: the author strives to reveal methods of supporting domestic violence victims through public and private treatment organizations. The author interviewed battered women and families who experienced violence during the Covid-19 crisis. Findings: victims of domestic violence often feel isolated and helpless. It is a real challenge to track and support them, especially in the traditional minorities’ communities. Research limitations: Many families refused to be interviewed because they did not want to be exposed to the community, especially religious families. Originality: research is aimed to examine a phenomenon of domestic violence during the Covid-19 crisis and methods of help and support the victims, which is not a common theme of research during the pandemic.

Keywords: violence, coronavirus, domestic violence, influence

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Authors: Muanfun Kongsomsawaeng, Bavonsan Chiadamrong

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According to statistics, Chanthaburi Province has a high proportion of persons who will become elders, and the knowledge gap surrounding Naive art activities is still not significant. It leads the researcher to discover an exciting possibility. This research will produce an alternate activity to increase meditation in a way that is not directly tied to religion or must be done solely at religious places. This article describes the Naive art communication guideline to enhance the meditation of the person preparing to be a quality elder that must consider communication elements, which consists of sender, message, channel, which includes mainly personal media and activity media, receiver, and the factors that contribute to the success of Naive art, that are the activity leader (if any), the person preparing to be quality elders, communication context, and related person or agency. The intrapersonal communication with this activity brings those people to get an experience of meditation at the momentary level. Therefore, it is another option to enhance meditation in daily life, which can be done continuously and developed into a career. However, if those preparing to be quality elders want to focus more on meditation practice, they can try both Naive art activity and direct meditation practice together. In addition, Naive art activity can be applied to people who are interested in art activity and other target groups as well, such as children with ADHD and other vulnerable groups. However, Naive art activity has no fixed rules and no restrictions on creativity. This affects both the ease of making the works of art and, at the same time, it may be a too broad proposition for some people.

Keywords: naive art, communication guideline, meditation, quality elders

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Authors: Murat Mert, Yusuf Ozer, Fatih Kolay

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Behaviour of giving harm to the body in literature has been named as “self-injury”, “self-mutilation” ve “self-harm”. “Self-injury”, or “self-mutilation” is generally used for the same meaning and mentioned as an action which is committed to the body itself directly. As is seen that alcohol and drug users have injured their bodies because of deprivation, whereas behaviour of self-injury in some societies is accepted as religious and cultural, it has nevertheless been diagnosed in people who have a borderline personality disorder, histrionic personality disorder, psychotic personality disorder and mood disorder. There has not been any direct self-murder tendency in people having self-harmed. However, death cases can be seen together with loss of consciousness depending on loss of blood by exceeding the limit in the course of injury action. 34- year old – male person who was alcohol addicted, having had a psycological treatment beforehand, had mutilated his small intestine together with fatty tissue by cutting his body with a razor-blade at the thought of insects strolling around the body (delirium tremens) due to deprivation attack and had died in the result of various cuts. In this study, crime scene investigation and death mechanism of the person having had self-harmed in a result of abstinence syndrome will be explained. Relevant criteria which differentiate this case from homicide will be examined.

Keywords: self-injury, autopsy, abstinence syndrome, CSI

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Authors: Mohammad Tefagh

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The process of globalization has transformed many social and cultural phenomena and has entered the world into a new era and arena. This phenomenon has introduced new methods, ideas, and identity interactions to human beings and has caused great changes in individual and social identity. Women have also been affected by globalization. Globalization has made the presence of women more and more effective and has caused identity changes and changes in the dimensions of identity in them. The purpose of this study is to investigate the impact of globalization of culture on changes in the social identity of educated women in the global city of Yazd. This study will discuss identity change and identity reconstruction due to globalization. The method of this study is qualitative, and the research data is obtained through in-depth interviews with 15 Yazdi-educated women at the Ph.D. level. The method of data analysis is thematic analysis. Findings of the research show that educated Yazdi women have changed their identity due to new communication processes and globalization, including faster, easier, and cheaper communication with other women in the world near and far. Women's social identity has also changed in the face of elements of globalization in various dimensions such as national, gender, religious, and group identities. The analysis of the interviews revealed the confronting elements such as using new cultural goods and communication technologies, membership in social networks, and increasing awareness of environmental change.

Keywords: globalization, social identity, educated women, Yazd

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Authors: Suparwoko, M. Hardyan Prastyanto, Aisah Azhari Marwangi

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Today, we face with some paradoxical tendencies. In the field of culture, on the one hand, we are witnessing the emergence of ethnic and religious fervor that is becoming stronger, but on the other hand, we are also witnessing a new ideology that characterized the flow of transnationalism, globalism, and secularism. Through social media, the globalization movement is accommodated to spread all over the world. Globalization also requires the commercialization of many fields, including architecture. In the architecture of commercial buildings, the appeal of the building is an important aspect for the function of the building. That theory is the basis for research of this study. This study aimed to know the influence of social media on the changing trends in the design of restaurant in urban areas of Yogyakarta Province. This study is using observation (survey) method to restaurants in Yogyakarta and surrounding areas to collect data, then the assessment of data by using the theory of the social media Path and Instagram that provide trend information from interior and building facades of the restaurant. By using social media Path and Instagram based survey methods, it can be seen that the intensity of social media users who publish or promote restaurant that has been chosen. Generally, conventional character of the restaurant have changed into a material and visually conceptual restaurant.

Keywords: influence, social media, changes, architecture trend

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Authors: Youngsub Oh, Youngsoon Kim

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As the second largest group among international marriages in Korea, Vietnamese married immigrant women have been exposed to psychological crisis like divorce and family violence. The purpose of this study is to understand how to counsel those women from the perspective of indigenous healing as their own psychological problem-solving way. To this end, this study reviewed Vietnamese cultural literatures on their mentality as well as Vietnamese medical literatures on indigenous healing. The research results are as follows: First, cultural foundations that have formed Vietnamese mentality are Confucian value system, reserved communication, and religious pluralism. These cultural backgrounds play an important role in understanding their own therapeutic tradition. Second, Vietnamese indigenous healing considers cause of mental disease as a collapse of balance between mind and body and environment. Thus, indigenous treatment deals with psychological problems through a recovery of the balance from the holistic perspective. In fact, indigenous healing has been actively practiced in everyday place as well as hospital until today. The implications of Vietnamese indigenous healing for multicultural counseling in Korea are as follows: First, Korean counselors need to interactively understand their own assumptions on indigenous healing as well as counselees’ own assumptions. Second, a variety of psychological intervention strategies can be drawn from Vietnamese indigenous healing. Third, indigenous healing needs to be integrated with modern techniques of counseling and psychotherapy, as both treatments are not mutually exclusive but complementary.

Keywords: indigenous healing, Korea, multicultural counseling, Vietnamese married immigrant women

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Authors: Mojtaba Eshraghi Arani

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According to the international conventions for the carriage of goods by sea, the consignee is the person who is entitled to take delivery of the cargo from the carrier. Such a person is usually named in the relevant box of the bill of lading unless the latter is issued “To Order” or “To Bearer”. However, there are some cases in which the apparent consignee, as above, was not intended to take delivery of cargo, like the L/C issuing bank or the freight forwarder who are named as consignee only for the purpose of security or acceleration of transit process. In such cases as well as the BL which is issued “To Order”, the so-called “real consignee” can be found out in the “Notify Party” box. The dispute revolves around the choice between apparent consignee and real consignee for being entitled not only to take delivery of the cargo but also to sue the carrier for any damages or loss. While it is a generally accepted rule that only the apparent consignee shall be vested with such rights, some courts like France’s Cour de Cassation have declared that the “Notify Party”, as the real consignee, was entitled to sue the carrier and in some cases, the same court went far beyond and permitted the real consignee to take suit even where he was not mentioned on the BL as a “Notify Party”. The main argument behind such reasoning is that the real consignee is the person who suffered the loss and thus had a legitimate interest in bringing action; of course, the real consignee must prove that he incurred a loss. It is undeniable that the above-mentioned approach is contrary to the position of the international conventions on the express definition of consignee. However, international practice has permitted the use of BL in a different way to meet the business requirements of banks, freight forwarders, etc. Thus, the issue is one of striking a balance between the international conventions on the one hand and existing practices on the other hand. While the latest convention applicable for sea transportation, i.e., the Rotterdam Rules, dealt with the comparable issue of “shipper” and “documentary shipper”, it failed to cope with the matter being discussed. So a new study is required to propose the best solution for amending the current conventions for carriage of goods by sea. A qualitative method with the concept of interpretation of data collection has been used in this article. The source of the data is the analysis of domestic and international regulations and cases. It is argued in this manuscript that the judge is not allowed to recognize any one as real consignee, other than the person who is mentioned in the “Consingee” box unless the BL is issued “To Order” or “To Bearer”. Moreover, the contract of carriage is independent of the sale contract and thus, the consignee must be determined solely based on the facts of the BL itself, like “Notify Party” and not any other contract or document.

Keywords: real consignee, cargo, delivery, to order, notify the party

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Authors: Sterlyn Poueriet Gil

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Through the years, the construction of cultural identity in the Dominican Republic has been subject to multiple unfavorable conditions fostered by the elites. These conditions have led to the loss of a pattern that lasts over time; leaving this as a result of inconsistency and the diversity of elements that at first are theses and antitheses and gives form to the complexity of what we can call: "the culture of a people that tries to reinvent itself in each social-historical moment". Religion is one of those cultural elements that does not escape the will of the elites. In the country, there are multiple religious groups that, in one way or another, represent what the people are, their ancestral customs, their philosophy, and even their strengths as groups of a certain social environment. However, these have always been marginalized and discriminated against by the country's official religion and their respective denominations. The objective of this research was to verify to what extent interreligious discrimination was real, moving from the assumption to scientific evidence through the application of research techniques such as the survey, fieldwork, and qualitative analysis of the collected evidence, the supremacy of the dominant religion condemns its rites and in many cases the person himself. In many communities, freedom of worship is reserved for traditional groups, having cases in the country where the manifestations of rites such as the "gagá" and the "prillé" have been prohibited, considering them as diabolical and primitive practices; this seeks to deny the roots of a people marked by poverty and social conflicts but remains firm in the will to be.

Keywords: cultural identity, freedom of worship, gagá, popular demonstrations

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Authors: Nadia Pourabbas Tahvildari

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National identity is formed in the process of time and in the community while influenced by the historical events. The country which has a more coherent national and historical identity would be successful as well as strengthening solidarity and social cohesion. Among the international community where the various likes challenge the subject of identity, taking into consideration the components which using identity seems to be very critical. Handicrafts as reflecting the historical and cultural characteristics of the product location can be used as an important component in order to introduce the culture and identity to be evaluated. As one of the most durable crafts for man, handicrafts have played a continuous role in sustaining human culture. Today without the presence of handicrafts, restoration of culture and national identity and religious beliefs of the past clans and people, is not only difficult but is even impossible also. Due to its brilliant historical experience and having rich culture and civilization, Iran has accomplished to the high competence in the field of traditional arts and handicrafts. This article is a scientific approach which by using descriptive – analytic method based on library studies tried to address the issue of handicrafts looking to examine the position of the industry to consolidate the national identity. Studies indicate that Iran as one of the original human habitats in the field of handicrafts has adequate enrichment and in case there will be an appropriate planning and investment away from oil-based industry, it would be beneficent. Furthermore, the quality and variety of handicrafts can be used as an essential yardstick for the consolidation of Iran national identity in the age of globalization.

Keywords: handicrafts, Iran national identity, globalization, cultural heritage

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Authors: Syali Pradhan, Neetu Jha

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The Marigold flower is used in religious places for offering and decoration purpose every day. The flowers are discarded near trees or in aquatic bodies. This floral waste can be used for extracting dyes or oils. Still the secondary waste remains after processing which need to be addressed. This research aims to provide green and clean power using secondary floral waste available after processing. The carbonization of floral waste produce carbon material with high surface area and enhance active site for more reaction. The Hybrid supercapacitors are more stable, offer improved operating temperature and use less toxic material compared to battery. They provide enhanced energy density compared to supercapacitors. Hence, hybrid supercapacitor designed using waste material would be more practicable for future energy application. Here, we present the utilization of carbonized floral waste as supercapacitor electrode material. This material after carbonization gets graphitized and shows high surface area, optimum porosity along with high conductivity. Hence, this material has been tested as cathode electrode material for high performance zinc storage hybrid supercapacitor. High energy storage along with high stability has been obtained using this cathodic waste material as electrode.

Keywords: marigold, flower waste, energy storage, cathode, supercapacitor

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Authors: Khushboo Shah

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Categorical bans on the death penalty and life-without-parole sentences for juvenile offenders in a growing number of countries have established a new era in juvenile jurisprudence. This has been brought about by integration of the growing knowledge in cognitive neuroscience and appreciation of the inherent differences between adults and adolescents over the last ten years. This evolving understanding of being a child in the criminal system can be aptly reflected through policies that incorporate the mitigating traits of youth. First, the presentation will delineate the structures in cognitive neuroscience and in particular, focus on the prefrontal cortex, the amygdala, and the basal ganglia. These key anatomical structures in the brain are linked to three mitigating adolescent traits—an underdeveloped sense of responsibility, an increased vulnerability to negative influences, and transitory personality traits—that establish why juveniles have a lessened culpability. The discussion will delve into the details depicting how an underdeveloped prefrontal cortex results in the heightened emotional angst, high-energy and risky behavior characteristic of the adolescent time period or how the amygdala, the emotional center of the brain, governs different emotional expression resulting in why teens are susceptible to negative influences. Based on this greater understanding, it is incumbent that policies adequately reflect the adolescent physiology and psychology in the criminal system. However, it is important to ensure that these views are appropriately weighted while considering the jurisprudence for the treatment of children in the law. To ensure this balance is appropriately stricken, policies must incorporate the distinctive traits of youth in sentencing and legal considerations and yet refrain from the potential fallacies of absolving a juvenile offender of guilt and culpability. Accordingly, three policies will demonstrate how these results can be achieved: (1) eliminate housing of juvenile offenders in the adult prison system, (2) mandate fitness hearings for all transfers of juveniles to adult criminal court, and (3) use the post-disposition review as a type of rehabilitation method for juvenile offenders. Ultimately, this interdisciplinary approach of science and law allows for a better understanding of adolescent psychological and social functioning and can effectuate better legal outcomes for juveniles tried as adults.

Keywords: criminal law, Juvenile Justice, interdisciplinary, neuroscience

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Authors: Luciana Steffen

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People with disabilities are often neglected in the exercise of their sexuality, facing several prejudices and discrimination in this area. For women with disabilities, the negligence is even major. Studies that relate sexual and reproductive rights with the experience of women with disabilities are rare, and in the field of Theology, practically nonexistent in Brazil. The aim of this work is to reflect on the relationship between women with disabilities, sexual and reproductive rights and Theology, according to a feminist perspective. The work is a literature review and involves the areas of Gender Studies, Disability Studies, Feminist Studies and Theology. In the article it will be addressed the relations between disability, sexual and reproductive rights, feminism, as well as the relations with the area of Theology, reflecting on these themes toward a fairer and more inclusive understanding of feminism, sexuality and women with disabilities. To reflect on sexual and reproductive rights of women with disabilities, it is important to reflect on religious concepts about the body, sexuality, reproduction and gender roles, because they are all connected. So, a critical analysis of traditional theological values taking into consideration the dimensions of sexuality and women with disability is important for a more liberating and inclusive understand about sexual and reproductive rights of women with disabilities. Theology should help the other areas in the understanding that all people have the right to live their lives with completeness, dignity and respect, so women with disabilities must have the opportunity of making their own choices on the fields of sexuality and reproduction.

Keywords: gender, disability, sexual and reproductive rights, theology

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Authors: Afsana Afsar Tuly

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The Rohingyas are a group of minority Muslimsin Myanmar who witnessed series of persecution, violence, and torture from Burmese military since 1948. In 2017, around 700,000 Rohingyas fled to the neighboring country Bangladesh and took shelter as refugees after facing clashes with Myanmar security forces. The number increased to 1.8 million in 2020, creating one of the largest refugee crises of recent times. This research focuses on the vulnerability and poverty faced by Rohingyas in refugee camps and how thelack of long-term solution and silence from international communitycan pose national security threat and increasing Islamic extremism in Bangladesh. Islamic religious and terrorist groups have used the Rohingyas position as stateless people to influence them into speaking against the secular government of Bangladesh. There has been increasing crime rates and formation of different rebel groups in refugee camps, causing clashes with Bangladeshi police and authority. Human trafficking, illegal drug dealings, prostitution, and other illicit activities have continuously gone up in the southeastern part of Bangladesh. Some economic, social, and environmental factors are studied and analyzed to show the change in Bangladesh between 2017 and 2020.

Keywords: national security threat, islamic extremism, rohingya refugees, refugee studies, Bangladesh, myanmar

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Authors: Fateme Mazbanpoor, Sayed Mohammad Amiri

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In this article, we will examine the Persian words in Quran and study the reasons of their presence in this holy book. Writers of this paper extracted about 70 Persian words of Quran by referring to resources. (Alalfaz ol Moarab ol Farsieh Edishir, Almoarabol Javalighi, Almahzab va Etghan Seuti; Vocabulary involved in Quran Arthur Jeffry;, and etc…), some of these words are: ‘Abarigh, ‘Estabragh’,’Barzakh’, ‘Din’,’Zamharir, ‘Sondos’ ‘Sejil’,’ Namaregh’, ‘Fil’ etc. These Persian words have entered Arabic and finally entered Quran in two ways: 1) directly from Persian language, 2) via other languages. The first way: because of the Iranian dominance on Hira, Yemen, whole Oman and Bahrein land in Sasanian period, there were political, religious, linguistic, literary, and trade ties between these Arab territories causing the impact of Persian on Arabic; giving way to many Persian-loan words into Arabic in this period of time. The second way: Since the geographical and business conditions of the areas were dominated by Iran, Hejaz had lots of deals and trades with Mesopotamia and Yemen. On the other hand, Arabic language which was relatively a young language at that time, used to be impressed by Semitic languages in order to expand its vocabulary (Syrian and Aramaic were influenced by the languages of Iran). Consequently, due to the long relationship between Iranian and Arabs, some of the Persian words have taken longer ways through Aramaic and Syrian to find their way into Quran.

Keywords: Quran, Persian word, Arabic language, Persian

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Authors: Mais Qandeel

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Within the Jewish and democratic Israeli state, as dually characterized, the treatment of citizens differs according to their religious groups and nationalities. The laws and policies against Arab citizens concerning ownership and use of land are the main focus of this article. As the Jewish character has led to Jewish based legal provisions which give the privilege to Jews, first, this article examines the legal bases which distinguish between citizens in Israel based on their religion. It examines the major Israeli laws which are used to confiscate, manage, and lease properties. Second, the article demonstrates the de facto practices against Arab citizens in using lands. Most of the Palestinian land was confiscated and turned over to Jewish owners or to state land, Palestinian citizens are distinguished in using the state administered lands. They are also restricted in using full ownership rights and denied using plots of lands and housing units. Such policies have created, within the same state, a class of secondary citizens who are categorized as non-Jews. Last, within the Basic Law: Human Dignity and Freedom which has served as the constitutional bill of rights for Israelis and also the International law, particularly the International Convention on the Elimination of All Forms of Racial Discrimination, it will be concluded whether these restricted policies against Arab citizens in using land constitute a religion-based-discrimination among Israeli citizens and create a situation of separation and inequality between two groups of people in Israel.

Keywords: Israel, citizens, discrimination, equality

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Authors: Anna Siegler, Sara Bigazzi, Sara Serdult, Ildiko Bokretas

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Social identity emerging from group membership defines the representational processes of our social reality. Based on our theoretical assumption the subjective perception of identity threat leads to an instable identity structure. The need to re-establish the positive identity will lead us to strengthen group boundaries. Prejudice in our perspective offer psychological security those who thinking in exclusive barriers, and we suggest that those who identify highly with their ingroup/national identity and less with superordinate identities take distance from others and this is related to their perception of threat. In our study we used a newly developed questionnaire, the Multiple Threat and Prejudice Questionnaire (MTPQ) which measure identity threat at different dimensions of identification (national, existential, gender, religious) and the distancing of different outgroups, over and above we worked with Social Dominance Orientation (SDO) and Identification with All Humanity Scale (IWAH). We conduct one data collection (N=1482) in a Hungarian sample to examine the connection between national threat and distance-taking, and this survey includes the investigation (N=218) of identification with different group categories. Our findings confirmed that those who feel themselves threatened in their national identity aspects are less likely to identify themselves with superordinate groups and this correlation is much stronger when they think about the nation as a bio-cultural unit, while if nation defined as a social-economy entity this connection is less powerful and has just the opposite direction.

Keywords: group boundaries, identity threat, prejudice, superordinate groups

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Authors: Noor Suhaida Kasri

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In the last three decades, Malaysia has developed fundamental legal and regulatory structures that aim to accommodate and facilitate the growth of Islamic banking and finance industry. Important building blocks have been put in place, to cite a few, the elevation of the position of the Malaysian Central Bank Shariah Advisory Council (SAC) as the apex advisory body and the empowerment of their Shariah resolutions through the Central Bank Act 1958; the promulgation of the Islamic Financial Services Act 2013 that regulate and govern Islamic finance market with a robust statutory requirement of Shariah governance and Shariah compliance. Notwithstanding these achievements, enforceability of Shariah-compliant contract remains a contentious subject. The validity of Al Bai Bithaman Ajil concept that was commonly used by the Islamic financial institutions in their financing facilities structures and documentation has been unabatedly challenged by the customers in courts. The challenge was due to the manner in which the Al Bai Bithaman Ajil transactions were carried out. Due to this legal challenge, Al Bai Bithaman Ajil financing structure seems to no longer be the practitioners’ favourite in Malaysia, though its substitute tawarruq and commodity murabahah financing structure may potentially face similar legal challenges. This paper examines the legal challenges affecting the enforceability of these underlying Shariah contracts. The examination of these cases highlights the manner in which these contracts were being implemented and applied by the Malaysian Islamic financial institutions that triggered Shariah and legal concern. The analysis also highlights the approach adopted by the Malaysian courts in determining the Shariah issues as well as the SAC in ascertaining the rulings on the Shariah issues referred to it by the courts. The paper adopts a qualitative research methodology by using textual and documentary analysis approach. The outcome of this study underlines factors that require consideration by industry stakeholder in order to ameliorate the efficacy of the existing building blocks that would eventually strengthens the validity and enforceability of Shariah-compliant contracts. This, in the long run, will further reinforce financial stability and trust into the Islamic banking and finance industry in Malaysia.

Keywords: enforceability of Shariah compliant contract, legal challenge, legal and regulatory framework, Shariah Advisory Council

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Authors: Rafael Bezerra de Souza, José Ribas Vieira

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The judicial litigation on socio-economic rights (SERs), in a context of increasing centrality of the judiciary as an area of political debate for civil society actors, has assumed greater importance in the last two decades. This tendency to seek social change through the courts generated a long tradition of research on the role of legal institutions and of legal mobilization in the US and some European countries. However, little is known about these processes in Latin America, Asia and Africa. A significant portion of the Brazilian constitutional doctrine did not bother to investigate the phenomenon of constitutional judicial litigation of socio-economic rights, in a practical and empirical look, from the functioning of democratic institutions. The central issue of this study draws attention to the theoretical and analytic deficit of Brazilian constitutional doctrine: the lack of a holistic understanding of the effects and impact of judicial decisions. Consequently, for a proper understanding was analyzed if the trend of judicial litigation in Brazil - to ensure the fulfillment of its institutional mission to protect and ensure the effectiveness of socio-economic rights - has been accompanied by the establishment of institutional mechanisms that enable decision making and the implementation of SERs in complex cases involving structural and public policy. The lack of empirical studies in Law in order to verify this hypothesis justified the adoption of the case study method as an interdisciplinary methodological strategy between Law and Political Science, aiming to construct an explanation of the Raposa Serra do Sol Case and, in a complementary way, the process-tracing technique. Drawings of small-n type or case studies, when guided by theory, are more suitable to problems it is supposed to increase the potential of intensive analysis of causal processes. As a preliminary result, the Brazilian Supreme Court was not a sufficient agent to implement a relevant social change and to assure the protection of the social rights, because there were few measures that directly impacted the behavior of other institutional political actors and should, therefore, be considered another actor within a complex institutional arrangement.

Keywords: courts, case study, judicial litigation, social change

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Authors: Larry Lai, Evans Leung

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Falun gong is a self-proclaimed religious group that has been under crackdown by Beijing for more than two decades. Diaosi, on the other hand, is an emerging community with members loosely connected on the internet through different online social platforms, centering around the sharing of different hobbies and interests. Diaosi community has been transformed from a potential threat to the Chinese authority for different causes to a pro-government force. This paper seeks to explain the different strategies adopted by the People's Republic of China (PRC) regime in handling these two potential threatening communities. Both communities share some obvious similarities: (1) both have massive nation-wide participation; (2) both have attempted to challenge the PRC's authority through contentious means; (3) both have high level of mobility, online or offline; and (4) both have at first been unnoticed until the threat against the PRC have taken form. But the strategies the PRC endorsed against the communities were, in many ways, different. The question is: if the strategy against Falun Gong has been an effective one, why used other strategies against Diaosi? The authors argue that the main reason for using different strategies lies in the differences between the two communities in terms of (i) the nature of the groups, and (ii) the group dynamics. Lastly, based on this analysis, the authors attempt to explore the possible strategies that the PRC would adopt against the Hong Kong cyber-world political community in light of the latest national security law in Hong Kong.

Keywords: contentious politics, Diaosi, Falun Gong, Hong Kong, People's Republic of China

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Authors: Aisya Zaharin

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The reporting of Islam in the Malaysian government-controlled press is complicated and occurs almost daily. This is due to the Islamisation process that has been heavily politicized in recent years. This article analyses media representations of Islam in the Malaysian media through the social responsibility theory. A provocative case study of media reporting on the “I want to touch a dog” event was analysed since dog’s saliva is ritually considered unhygienic by Muslims. This paper will not question the Islamic ruling on the dog’s issue. Instead, it calls for discussions in relation to openness and maturity in religious discourse with respect to the dog’s saliva dialogue in 1937. It applies Hage’s “minor and major reality” to explain the increasing percentage of Muslim who define their own understandings of Islam vs the government’s dogmatic versions. This paper employs Alatas’s method of “sociological investigation in Southeast Asia” by using ethnographic examination on selected mass media. Through Asiacentricity approach, this paper revisited the local framework of Alatas’s New Man encouraging Muslims to engage in knowledge and to appreciate diversities in Islamic jurisprudences. Despite government’s control, findings showed that non-Malay languages and online media are more comprehensive in reporting the news about Islam. Clearly, there has to be a re-conceptualization of Islamic discourses in the Malay-language media.

Keywords: dog, Fiqh, Islamic jurisprudence, Malaysian media, New Man, social responsibility

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Authors: Tamadher Alfahal

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Faith and art practice in traditional Islam had a profound rapport that is lost today. From practicing the principles of faith throughout everyday life, art was found as an expressive tool for Islamic revelation, worship, and the contemplative remembrance of God. Today, this rapport between Islamic art and spirituality has diminished; and the cosmological and metaphysical ideas that were the core of creative practices lost their imminence in people's lives. Hence, the cultural and religious practice of Islamic societies became separate from the creative production. In an attempt to revisit this rapport, it is sought to investigate the possibility of creating a set of principles for contemporary Islamic art and design through collaborative practice-led research. The research will aim to regenerate the potentials of Islamic philosophy for creative expressions, particularly in design studies. The outcomes will be manifested through different mediums such as: reflexive mind maps and visuals by the researcher, and various methods of participatory art practice aim to validate the philosophical concepts as design principles as a way to disseminate knowledge. This paper will focus on showcasing the key findings and the research approach for generating philosophical concepts as design principles. Using secondary evidence from literature, it will show examples of transforming textual findings into visuals that will be extensively explored through multidisciplinary collaborative sessions (these are scheduled to be conducted between February and April 2017).

Keywords: creative process, design pedagogy, design thinking, Islamic art, Islamic designs, Islamic philosophy

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Authors: M. Umar Hafeez, Furqan Khursheed Hashmi, Nadeem Irfan Bukhari, Shahzad Ali, Muzammil Ali

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The trend of self-medication is increasing due to various factors and is associated with a large number of complications. A cross-sectional study was aimed to investigate self-medication trend in an urban community and its correlates such as level of education, gender and behavior of using psychoactive medicines. A validated questionnaire was used to collect the data from different locations of Lahore, provincial capital of Punjab, Pakistan. The trend of self-medication was noted in reference to difference in educational level and in gender. This study showed that total 110 respondents, all literate,were found to be self-medicating, and their educational status was as 73.13% primary, 63.15% secondary, 61.12% higher secondary and 62.15% university going. In this sample 74.99% were males and 48.00%were females. Twenty nine (26.36%) of the total sample were found to be using psychoactive agents without consulting the physician. The trend of self-medication was 10% higher in individuals having primary level education, whereas there was not much difference of self-medication trend in other levels of education. The main reasons involved in self-medication trend were socio-economic status, medicine accessibility, religious and cultural beliefs, lack of awareness about risks associated with medicine, non-prescription sale of medicines and previous medication experience. The trend of self-medication of psychotropic agents is quite significant.

Keywords: self-medication, educated community, psychotropic drugs, education levels

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Authors: Zichao Zhang, Yifan Zhao, Samuel Court

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The carbon emission problem of the traditional construction industry has long been a pressing issue. With the growing emphasis on environmental protection and advancement of science and technology, the organic integration of digital technology and emission reduction has gradually become a mainstream solution. Among various sophisticated digital technologies, digital twins, which involve creating virtual replicas of physical systems or objects, have gained enormous attention in recent years as tools to improve productivity, optimize management and reduce carbon emissions. However, the relatively high implementation costs including finances, time, and manpower associated with digital twins have limited their widespread adoption. As a result, most of the current applications are primarily concentrated within a few industries. In addition, the creation of digital twins relies on a large amount of data and requires designers to possess exceptional skills in information collection, organization, and analysis. Unfortunately, these capabilities are often lacking in the traditional construction industry. Furthermore, as a relatively new concept, digital twins have different expressions and usage methods across different industries. This lack of standardized practices poses a challenge in creating a high-quality digital twin framework for construction. This paper firstly reviews the current academic studies and industrial practices focused on reducing greenhouse gas emissions in the construction industry using digital twins. Additionally, it identifies the challenges that may be encountered during the design and implementation of a digital twin framework specific to this industry and proposes potential directions for future research. This study shows that digital twins possess substantial potential and significance in enhancing the working environment within the traditional construction industry, particularly in their ability to support decision-making processes. It proves that digital twins can improve the work efficiency and energy utilization of related machinery while helping this industry save energy and reduce emissions. This work will help scholars in this field to better understand the relationship between digital twins and energy conservation and emission reduction, and it also serves as a conceptual reference for practitioners to implement related technologies.

Keywords: digital twins, emission reduction, construction industry, energy saving, life cycle, sustainability

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Authors: Kalidas Sarma

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Fraud is a social problem changing with social change and it has a regional and global impact. Introduction of private domain in higher education along with public institutions has led to commercialization of higher education which encourages unprecedented mushrooming of private institutions resulting in fraudulent activities in higher educational institutions in Assam, India. Presently, fraud has been noticed in in-service promotion, fake entry qualification by teachers in different levels of work-place by using fake master degrees, master of philosophy and doctor of philosophy degree certificates. The aim and objective of the study are to identify grey areas in maintenance of quality in higher educational institutions in Assam and also to draw the contour for planning and implementation. This study is based on both primary and secondary data collected through questionnaire and seeking information through Right to Information Act 2005. In Assam, there are 301 undergraduate and graduate colleges distributed in 27 (Twenty seven) administrative districts with 11000 (Eleven thousand) college teachers. Total 421 (Four hundred twenty one) college teachers from the 14 respondent colleges have been taken for analysis. Data collected has been analyzed by using 'Hypertext Pre-processor' (PhP) application with My Sequel Structure Query Language (MySQL) and Google Map Application Programming Interface (APIs). Graph has been generated by using open source tool Chart.js. Spatial distribution maps have been generated with the help of geo-references of the colleges. The result shows: (i) the violation of University Grants Commission's (UGCs) Regulation for the awards of M. Phil/Ph.D. clearly exhibits. (ii) There is a gap between apex regulatory bodies of higher education at national and as well as state level to check fraud. (iii) Mala fide 'No Objection Certificate' (NOC) issued by the Government of Assam have played pivotal role in the occurrence of fraudulent practices in higher educational institutions of Assam. (iv) Violation of verdict of the Hon'ble Supreme Court of India regarding territorial jurisdiction of Universities for the awards of Ph.D. and M. Phil degrees in distance mode/study centre is also a responsible factor for the spread of these academic frauds in Assam and other states. The challenges and mitigation of these issues have been discussed.

Keywords: Assam, fraud, higher education, mitigation

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Authors: Donna L. Roberts

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Beyond the fundamental question of what is (and what isn’t) art, one then moves to the question of what about art, or a specific artwork, matters. If there is an agreement that something is art, the next step is to answer the obvious, ‘So what? What does it mean?’ In answering these questions, one must decide how to focus the proverbial microscope –i.e., what level of perspective is relevant as a point of view for this analysis- the artwork itself, the artist’s intention, the viewer’s interpretation, the artwork’s reflection of the larger artistic movement, the social, political, and historical context of art? One must determine what product and what contexts are meaningful when experiencing and interpreting art. Is beauty really in the eye of the beholder? Or is it more important what the creator was trying to say than what the critic or observer heard? The fact that so many artists –from Rembrandt to Van Gogh to Picasso- include among their works at least one self-portrait seems to scream their point –I matter. But, Is a piece more impactful because of the persona behind it? Or does that persona impose limits and close one’s mind to the possibilities of interpretation? In the popular art text visual culture, Richard Howells argues against a biographical focus on the artist in the analysis of art. Similarly, abstract expressionist Mark Rothko, along with several of his contemporaries of the genre, often did not title his paintings for the express purpose of not imposing a specific meaning or interpretation on the piece. And yet, he once said, ‘The people who weep before my pictures are having the same religious experience I had when I painted them,’ thus alluding to a desire for a shared connection and revelation. This research analyzes the arguments for differing levels of interpretation and points of view when considering a work of art and/or the artist who created it.

Keywords: art analysis, art interpretation, art theory, artistic perspective

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Authors: Li-Jun Zheng

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The use of drums as an accompanying instrument is a common phenomenon in traditional Chinese folk rituals and musical culture. Especially, some folk rituals construct ritual-related sounds and give them ritual-specific symbolic and meaningful systems through the combination and use of multiple percussion instruments. The Yue drum(岳鼓), an asymmetrically shaped thin waist drum, is currently used in Han Chinese Shigong（师公）rituals in Guangxi, China, and is an important ritual instrument in Shigong rituals. This paper examines the use of the Yue drum and other percussion instruments in Han Chinese Shigong rituals in Guangxi, China, and shows the current status of combining instrumental accompaniment forms with human voices in Shigong rituals. Through further analysis of the musical and dance forms of Han Chinese Shigong rituals, this paper shows how Han Chinese Shigong ritual performers construct the ritual field through "sound-human-dance" and further explains the relationship between the existing and fictitious performance fields in the rituals. In addition, this paper demonstrates the relationship between Han Chinese Shigong rituals and the religious beliefs they involve, such as Taoism and Buddhism. And it further explores how performers in Han Chinese Shigong rituals use Yue drums for the dual purpose of "entertaining the gods" and "entertaining the people".

Keywords: sound research, the Han Chinese Shigong ritual, the thin waist drum, folk beliefs, ritual music

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Authors: Narayan Bhatta, Rodhana Pokhel

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Introduction: The link between alcohol and violence is well documented, but there is a paucity of research on alcohol use by husbands and sexual violence during pregnancy in Nepal. The aim of the study is to describe the relationship between alcohol use by the husband and sexual violence during pregnancy in Nepalese women from the Kathmandu valley. Method: A cross-sectional study was conducted using a consecutive sampling design in one government hospital. Pregnant women (N = 495) attending the antenatal clinic of Paropakar Maternity and Women’s Hospital (PMWH) were recruited. Results: Approximately one-fifth (19%) of pregnant women had experienced sexual violence. Women in the first trimester of pregnancy were more likely to suffer sexual violence (35.2%) than in the second (30.7%) and third trimester of pregnancy (34%). The most common type of sexual violence against women was a physical force for sexual intercourse (91.5%), followed by sexual intercourse without the women’s consent (26.6%) and forcing them to engage in humiliating sexual activities (10.6%). Women who belong to other ethnicities like Janajatis, Dalits, and religious minorities (AOR = 0.3), women who live outside Kathmandu (AOR = 3.73), women who are illiterate (AOR = 4.67), and women whose husband has alcohol-drinking behavior (AOR = 1.68) increased the odds of experiencing sexual violence during pregnancy. Conclusion: The study concludes that a husband’s drinking behavior is an important risk factor for sexual violence against pregnant women attending the antenatal clinic. It indicates a need for routine screening during the antenatal visit to identify the violence and alcohol use of both the husband and wife.

Keywords: husband alcohol drinking behavior, Kathmandu, pregnency, sexual violence

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