Search results for: Islamic legal texts

Authors: Isaiah Ifeanyichukwu Agbo

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Human speech is capable of serving many purposes. Power and control are not always exercised overtly by linguistic acts, but maybe enacted and exercised in the myriad of taken-for-granted actions of everyday life. Domination, power control, discrimination and mind control exist in human speech and may lead to asymmetrical power relations. In discourse, there are persuasive and manipulative linguistic acts that serve to establish solidarity and identification with the 'we group' and polarize with the 'they group'. Political discourse is crafted to defend and promote the problematic narrative of outright controversial events in a nation’s history thereby sustaining domination, marginalization, manipulation, inequalities and injustices, often without the dominated and marginalized group being aware of them. They are designed and positioned to serve the political and social needs of the producers. Political crisis speeches in Nigeria, just like in other countries concentrate on positive self-image, de-legitimization of political opponents, reframing accusation to one’s advantage, redefining problematic terms and adopting reversal strategy. In most cases, the people are ignorant of the hidden ideological positions encoded in the text. Few researches have been conducted adopting the frameworks of critical discourse analysis and systemic functional linguistics to investigate this situation in the political crisis speeches in Nigeria. In this paper, we focus attention on the analyses of the linguistic, semantic, and ideological elements in selected political crisis speeches in Nigeria to investigate if they create and sustain unequal power relations and manipulative tendencies from the perspectives of Critical Discourse Analysis (CDA) and Systemic Functional Linguistics (SFL). Critical Discourse Analysis unpacks both opaque and transparent structural relationships of power dominance, power relations and control as manifested in language. Critical discourse analysis emerged from a critical theory of language study which sees the use of language as a form of social practice where social relations are reproduced or contested and different interests are served. Systemic function linguistics relates the structure of texts to their function. Fairclough’s model of CDA and Halliday’s systemic functional approach to language study are adopted in this paper. This paper probes into language use that perpetuates inequalities. This study demystifies the hidden implicature of the selected political crisis speeches and reveals the existence of information that is not made explicit in what the political actors actually say. The analysis further reveals the ideological configurations present in the texts. These ideological standpoints are the basis for naturalizing implicit ideologies and hegemonic influence in the texts. The analyses of the texts further uncovered the linguistic and discursive strategies deployed by text producers to manipulate the unsuspecting members of the public both mentally and conceptually in order to enact, sustain and maintain unhealthy power relations at crisis times in the Nigerian political history.

Keywords: critical discourse analysis, language, political crisis, power relations, systemic functional linguistics

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Authors: Seipati Baloyi-Mothibedi, Wendy Setlalentoa

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Recently scholars have shown much interest in the engagement and involvement of educational stakeholders in early childhood development (ECD) research, which has yielded positive results for ECD globally, especially in South Africa. Realising this gap, this study reports on the establishment of the research group comprising teachers, parents, and education stakeholders, which aimed to enhance curriculum practice in a grade R mathematics class. We adopted bricolage as a theoretical lens, mainly for its multi-layered, multi-methodological, multi-perspectival, and metatheoretical benefits to make sense in reviewing the literature as well as the empirical part of the study. A participatory action research (PAR) study using collaborative information sessions, meetings, workshops, and as well transcend movements were employed in order to engage the team to have first-hand information in enhancing curriculum practice in a grade R mathematics class was conducted. We adopted audiovisuals, photo voices, and lesson demonstrations to generate the data. The generated data were transcribed into texts that were further analysed using three levels based on the spoken or written texts and social and discursive practices. At the end of the discourses, the findings showed that engagement, involvement, and inclusion of different education stakeholders were instrumental in enhancing curriculum practice in a grade R mathematics class for the highest attainment. From the findings, we developed a strategy for engagement and involvement of teachers, parents, and the education stakeholders in enhancing curriculum practice in grade R mathematics class.

Keywords: engagement, involvement, curriculum practice, grade R, mathematics class

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Authors: Saimir Heta, Rialda Xhizdari, Kers Kapaj, Ilma Robo

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Background: The interests of both individuals involved, both the dentist with his professionalism, and the patient who claims and expects the proper professional dental service, are determined in cases of dental malpractice. The latter is a phenomenon that is also wearing the "cloak" of bilateral manipulations, which in themselves require strong legal control to regulate the relations between the involved parties. The two individuals are involved both individually and even professionally and emotionally, with support in the "ultimate" interests of the two people, which in the case of conflicts or grievances, which as a result are transported to the family or society of the affected individual. Main text: The reason for malpractice is the most difficult part to find and then to interpret. It can be professional in the view of "so much I know how to do, so much done", or in the view of the impossibility of individual health conditions to achieve high professional expectations. But, the reason can also be individual with the intention of doing bad without reason or with the source of an unhealthy mind and the source of malicious thinking. The professional himself is a human being and as such may be under the effect of individual treatments or vices, therefore causing misuse, a case that must be distinguished from intentional misuse and which must be judged for the results or damages caused by the professional based on criminal law. Conclusions: Malpractice in some cases may be unavoidable, beyond the good intention of the dental intervention, which should be well understood by both parties involved in this relationship. Malpractice is not necessarily related only to difficult clinical cases, but sometimes also appears as a random deviation of a dental treatment with a welldefined professional protocol. The legal support in the interpretation of malpractice cases should be much more specific according to previous cases, this practice specifically, perhaps also according to different religious states.

Keywords: dental ethics, malpractice, professional dental service, legal support

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Authors: Masoomeh Estaji, Ahdie Tahamtani

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Considering the necessity of conducting research and publishing academic papers during Master’s and Ph.D. programs, graduate students are in dire need of improving their writing skills through either writing courses or self-study planning. One key feature that could aid academic papers to look more sophisticated is the application of grammatical metaphors (GMs). These types of metaphors represent the ‘non-congruent’ and ‘implicit’ ways of decoding meaning through which one grammatical category is replaced by another, more implied counterpart, which can alter the readers’ understanding of the text as well. Although a number of studies have been conducted on the application of GMs across various disciplines, almost none has been devoted to the field of environmental management, and the scope of the previous studies has been relatively limited compared to the present work. In the current study, attempts were made to analyze different types of GMs used in academic papers published in top-tiered journals in the field of environmental management, and make a list of the most frequently used GMs based on their functions in this particular discipline to make the teaching of academic writing courses more explicit and the composition of academic texts more well-structured. To fulfill these purposes, a corpus-based analysis based on the two theoretical models of Martin et al. (1997) and Liardet (2014) was run. Through two stages of manual analysis and concordancers, ten recent academic articles entailing 132490 words published in two prestigious journals were precisely scrutinized. The results yielded that through the whole IMRaD sections of the articles, among all types of ideational GMs, material processes were the most frequent types. The second and the third ranks would apply to the relational and mental categories, respectively. Regarding the use of interpersonal GMs, objective expanding metaphors were the highest in number. In contrast, subjective interpersonal metaphors, either expanding or contracting, were the least significant. This would suggest that scholars in the field of Environmental Management tended to shift the focus on the main procedures and explain technical phenomenon in detail, rather than to compare and contrast other statements and subjective beliefs. Moreover, since no instances of verbal ideational metaphors were detected, it could be deduced that the act of ‘saying or articulating’ something might be against the standards of the academic genre. One other assumption would be that the application of ideational GMs is context-embedded and that the more technical they are, the least frequent they become. For further studies, it is suggested that the employment of GMs to be studied in a wider scope and other disciplines, and the third type of GMs known as ‘textual’ metaphors to be included as well.

Keywords: English for specific purposes, grammatical metaphor, academic texts, corpus-based analysis

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Authors: Abigail M. Csik, Gabriel A. Radvansky

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As people read through event-based narratives, they construct an event model that captures information about the characters, goals, location, time, and causality. For many reasons, memory for such narratives is represented at different levels, namely, the surface form, textbase, and event model levels. Rereading has been shown to decrease surface form memory, while, at the same time, increasing textbase and event model memories. More generally, distributed practice has consistently shown memory benefits over massed practice for different types of materials, including texts. However, little research has investigated distributed practice of narratives at different inter-study intervals and these effects on these three levels of memory. Recent work in our lab has indicated that there may be dramatic changes in patterns of forgetting around one week, which may affect the three levels of memory. The present experiment aimed to determine the effects of rereading on the three levels of memory as a factor of whether the texts were reread before versus after one week. Participants (N = 42) read a set of stories, re-read them either before or after one week (with an inter-study interval of three days, seven days, or fourteen days), and then took a recognition test, from which the three levels of representation were derived. Signal detection results from this study reveal that differential patterns at the three levels as a factor of whether the narratives were re-read prior to one week or after one week. In particular, an ANOVA revealed that surface form memory was lower (p = .08) while textbase (p = .02) and event model memory (p = .04) were greater if narratives were re-read 14 days later compared to memory when narratives were re-read 3 days later. These results have implications for what type of memory benefits from distributed practice at various inter-study intervals.

Keywords: memory, event cognition, distributed practice, consolidation

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Authors: William Thomas Worster

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This paper will highlight the failure of international adjudication to prevent a state from evading an order of provisional measures by simply issuing a diplomatic assurance to the court. This practice changes the positions of the litigants as equals before a court, prevents the court from inquiring into the reliability of the political pledge as it would with assurances from a state to an individual, and diminishes the court’s ability to control its own proceedings in the face of concerns over sovereignty. Both the European Court of Human Rights (ECtHR) and International Court of Justice (ICJ) will entertain these kinds of unilateral pledges, but they consider them differently when the declaration is made between states or between a state and an individual, and when made directly to the court. In short, diplomatic assurances issued between states or to individuals are usually considered not to be legally binding and are essentially questions of fact, but unilateral assurances issued directly to an international court are questions of law, and usually legally binding. At the same time, orders for provisional measures are now understood also to be legally binding, yet international courts will sometimes permit a state to substitute an assurance in place of an order for provisional measures. This emerging practice has brought the nature of a state as a sovereign capable of creating legal obligations into the forum of adjudication where the parties should have equality of arms and permitted states to create legal obligations that escape inquiry into the reliability of the outcome. While most recent practice has occurred at the ICJ in state-to-state litigation, there is some practice potentially extending the practice to human rights courts. Especially where the litigants are factually unequal – a state and an individual – this practice is problematic since states could more easily overcome factual failings in their pledges and evade the control of the court. Consider, for example, the potential for evading non-refoulement obligations by extending the current diplomatic assurances practice from the state-to-state context to the state-to-court context. The dual nature of assurances, as both legal and factual instruments, should be considered as addressed to distinct questions, each with its own considerations, and that we need to be more demanding about their precise legal and factual effects.

Keywords: unilateral, diplomacy, assurances, undertakings, provisional measures, interim measures

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Authors: Itay Harlap

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Over the past decade, LGBT figures have become increasingly visible on Israeli television in its various channels and genres. In recent years, however, the representation of gays on Israeli television has undergone an interesting shift, whereby many television texts feature gay people as fathers. These texts, mostly news items and documentaries, usually present gay parenthood as a positive phenomenon. The question in paper is whether LGBT parenting (in reality and as representation) fated to be part of the homonormativity that characterizes the LGBT community in Israel, or can it be an alternative to the hegemonic discourse? This paper embraces a dialectical position and explores the tension between mainstream and radical, or homonormativity and queer politics in the specific Israeli Jewish context through a textual and discursive reading of a selection of television programs that revolve principally around gay parenting in Israel. The first part of this lecture addresses the cultural and social context that generated these representations, dealing with three key Israeli areas: The fertility cult, the evolution of the LGBT community, and the evolution of local television. The second part offers a queer reading of these ‘positive’ representations (mainly in special reports on the news and programs labeled as ‘documentaries’ by broadcasters) and highlight the possible price of the ‘bear hug’ given by Israeli media to gay parents. The last part focuses on a single case study, the TV serial drama Ima Veabaz, and suggests that this drama exposes the performative aspect of parenting and the connection between ethnicity and fertility, and offers an alternative to normative displays of gay parenting.

Keywords: fatherhood, heteronormativity, Israel, queer theory, television

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Authors: M. L. Mesquita, V. H. Ferreira, C. M. Cebola

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Mediation is an increasingly important mechanism, particularly in the European context, as demonstrated, for example, by the publication by the European Union of the Directive 2008/52/EC on certain aspects of mediation in civil and mercantile matters. Developments in international trade and globalization in this new century have led to an increase of the number of litigations, often cross-border, and the courts have failed to respond adequately. From the economic point of view, competitive negotiation can generate negative external effects in social terms. Not always the solution found in court is the most efficient solution taking into account all elements of society. On the other hand, the administration of justice adds in economic terms transaction costs that can be mitigated by the application of other forms of conflict resolution, such as mediation. In this paper, the economic benefits of mediation will be analysed in the light of various studies on the functioning of justice. Several theoretical arguments will be confronted with empirical studies to demonstrate that mediation has significant positive economic effects. In the Portuguese legal system, legislative frameworks for mediation display a state committed to creating a new architecture for the administration of justice, based on the construction of a multi-faceted legal system for dispute resolution mechanisms. Understanding the way in which the system of mediation in Portugal was introduced, allows us to point out that our internal ordering is creating the legal instruments which can assist citizens in the effective protection of their rights. However, data on the use of mediation in concrete proceedings and the consequent effectiveness of mediation in settling disputes, reveal a mechanism that is still far from the ideal results that were initially sought.

Keywords: access to justice, alternative dispute resolution, mediation, litigation

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Authors: Siti Napsiyah, Ismet Firdaus, Lisma Dyawati Fuaida, Ellies Sukmawati

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This paper examines the existence, role, and challenge of Family Service Agency, in Bahasa Indonesia known as Lembaga Konsultasi Kesejahteraan Keluarga (LK3) of Syarif Hidayatullah State Islamic University (UIN) Jakarta. It has been established since 2012. It is an official agency under the Ministry of Social Affairs of Indonesia. The establishment of LK3 aims to provide psychosocial services for families of students who has psychosocial problem in their life. The study also aims to explore the trend of psychosocial problems of its client (student) for the past three years (2014-2016). The research method of the study is using a qualitative social work research method. A review of selected data of the client of LK3 UIN Syarif Hidayatullah Jakarta around five main issues: Family background, psychosocial mapping, potential resources, student coping mechanism strategy, client strength and network. The study also uses a review of academic performance report as well as an interview and observation. The findings show that the trend of psychosocial problems of the client of LK3 UIN Syarif Hidayatullah Jakarta vary as follow: bad academic performance, low income family, broken home, domestic violence, disability, mental disorder, sexual abuse, and the like. LK3 UIN Syarif Hidayatullah Jakarta has significant roles to provide psychosocial support and services for the survival of the students to deal with their psychosocial problems. Social worker of LK3 performs indigenous social work practice: individual counseling, family counseling, group therapy, home visit, case conference, Islamic Spiritual Approach, and Spiritual Emotional Freedom Technique (SEPT).

Keywords: psychosocial, indigenizing social work, resiliency, coping mechanism

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Authors: Hanaa Sameen Ameen Bajilan

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Human rights should be protected and promoted without regard to race, ethnicity, religion, political philosophy, or sexual orientation, following our firm convictions. Thus, any infringement of these rights or disdain for; any use of violence against women undermines the principles and human values of equality and endangers the entire society, including its potential to live in peace and to make growth and development. This paper represents the condition of the new Iraqi women regarding issues such as the gender wage gap, education, health, and violence against women. The study aims to determine the impact of traditions and customs on the legal position of Iraqi women. First, it seeks to assess the effects of culture as a historical agency on the legal status of Iraqi women. Second, the influence of cultural developments in the later part of the twentieth century on Iraqi women's legal standing, and third, the importance of cultural variety as a progressive cultural component in women's legal position. Finally, the study highlights the representation of women in Iraq: Gender wage Gap, Women's liberation between culture and law, and the role of women within Iraqi society based on an Iraqi novel named (Orange Light) in Arabic: برتقالو ضو. in her book, the Iraqi writer Nadia Al-Abru succeeds in portraying the post-war society's devotion to the sexual, emotional and mental marginalization of women in terms of the value of attendance. Since the study of Iraqi women's literature in Arabic-English translation is a new avenue of research that contributes to all three areas, this investigation aims to establish critical lines of engagement between contemporary Iraqi women's literature in English translation and feminist translation conceptual frameworks, and this is accomplished by first focusing on why analyzing Iraqi women writers' novels in Arabic-English translation is a timeline of inquiry that contributes to existing and emerging knowledge fields concerning Iraqi women writers' contemporary critical contexts and scholarship on Arab women's literature in Arabic-English translation.

Keywords: women in İraq, equality, violence, gender wage gap, Nadia Al-Abru, (orange light), women's liberation, İraqi women's literature,

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Authors: Abosede Ijabadeniyi, Jeevarathnam P. Govender

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Prevailing strategic Corporate Social Responsibility (CSR) research is predominantly centred around the predictive implications of the construct on behavioural outcomes. This phenomenon limits the depth of our understanding of the trajectory of strategic CSR. The purpose of this paper is to investigate the mediating effects of CSR expectations on the relationship between consumer value and purchase behaviour by identifying the implications of the multidimensionality of CSR (economic, legal, ethical and philanthropic) on the latter. Drawing from the stakeholder theory and its interplay with the prevalence of Ubuntu values; the underlying force which governs the values of South African camaraderie, we hypothesise that the multidimensionality of CSR expectations has positive mediating effects in the relationship between consumer value and purchase behaviour. Partial Least Square (PLS) path modelling was employed, using six measures of the average path coefficient (APC) to test the relationship between the constructs. Results from a sample of mall shoppers of (n=411), based on a survey conducted across five major malls in Durban, South Africa, indicate that only the legal dimension of CSR serves as a mediating factor in the relationship among the constructs. South Africa’s unique history of segregation, leading to the proliferation of spontaneous organisational approach to CSR and higher expectations of organisational legitimacy are identified as antecedents of consumers’ reliance on the law (legal CSR) to redress the ills of the past, sustainable development, and socially responsible behaviour. The paper also highlights theoretical and managerial implications for future research.

Keywords: consumer value, corporate marketing, corporate social responsibility, purchase behaviour, Ubuntu

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Authors: Charlotte Lülf

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Migration flows cannot be tackled by single states but need to be addressed as a transnational and international responsibility. However, the current international framework staggers. Widely excluded from legal protection are people that flee from the indiscriminate effects of an armed conflict as well as people fleeing natural disasters. This paper as part of an on-going PhD Project deals with the current and partly contradicting approaches to the protection of so-called war- and climate refugees in the European Union. The analysis will emphasize and evaluate the role of the European judiciary to define, redefine and potentially expand legal protection. Changing jurisprudential practice of national and regional courts will be assessed, as will be their dialogue to interpret the international obligations of human rights law, migration laws and asylum laws in an interacting world.

Keywords: human rights law, asylum law, migration, refugee protection

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Authors: Ain ul Khair

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In this study, the author situates the formation of the Kashmiri body as colonized in the postcolonial society, on which India continues to execute and maintain colonial practices adopted and replicated from the Western colonial projects. This paper explores the formation of a Kashmiri body as a site of complete dehumanization, which has deliberately been politicized based on its religion, racialized because of its ethnic distinction, and consequently has been subjected to extreme forms of violence. This paper specifically looks at the creation of the Kashmiri colonized body through India’s colonial practices that are in continuity from the Western imperialist colonial projects through the historicization of the careful manufacturing of the Kashmiri colonial body through the lens of the political, legal, geographical, and demographic landscape of India’s colonial project. The paper looks at the framing of the colonial legal framework that informs the construction of the colonized Kashmiri body, drawing violence and religion at the center of it.

Keywords: historicization, colonial body, kashmir, india, pakistan, south asia, religion, political identity, politics, Mahmood Mamdani, Ann Stoler, Fanon

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Authors: Spyridon Plakoudas

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After the capture of Al-Raqqah and the defeat of the short-lived Islamic Caliphate in 2017, everyone predicted the end of ISIS. However, ISIS proved far more resilient than initially thought. The militant group quickly regrouped from its defeat and started a low-intensity guerrilla campaign in central Iraq (near Kirkuk and Mosul) and north-eastern Syria (near Deir ez-Zorr). At the same time, ISIS doubled down on its cyber-campaign; actually, ISIS is as active on the cyber-domain as during the peak of its power in 2015. This paper, a spin-off paper from a co-authored book on the Syrian Civil War (due to be published by Rowman and Littlefield), intends to examine how ISIS operates in the cyber-domain and how this "Cyber-Caliphate" under re-construction is associated with its post-2017 strategy. This paper will draw on the discipline of War Studies (with an emphasis on Cyber-Security and Insurgency / Counter-Insurgency) and will benefit from the insights of interviewed experts on the field (e.g., Hassan Hasssan). This paper will explain how the successful operation of ISIS in the cyber-space preserves the myth of the “caliphate” amongst its worldwide followers (against the odds) and sustains the group’s ongoing insurgency in Syria and Iraq; in addition, this paper will suggest how this cyber-threat can be countered best.

Keywords: ISIS, cyber-jihad, Syrian Civil War, cyber-terrorism, insurgency and counter-insurgency

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Authors: Veli Durmus, Mert Uydaci

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Every patient who needs to get a medical treatment should share health-related personal data with healthcare providers. Therefore, personal health data plays an important role to make health decisions and identify health threats during every encounter between a patient and caregivers. In other words, health data can be defined as privacy and sensitive information which is protected by various health laws and regulations. In many cases, the data are an outcome of the confidential relationship between patients and their healthcare providers. Globally, almost all nations have own laws, regulations or rules in order to protect personal data. There is a variety of instruments that allow authorities to use the health data or to set the barriers data sharing across international borders. For instance, Directive 95/46/EC of the European Union (EU) (also known as EU Data Protection Directive) establishes harmonized rules in European borders. In addition, the General Data Protection Regulation (GDPR) will set further common principles in 2018. Because of close policy relationship with EU, this study provides not only information on regulations, directives but also how they play a role during the legislative process in Turkey. Even if the decision is controversial, the Board has recently stated that private or public healthcare institutions are responsible for the patient call system, for doctors to call people waiting outside a consultation room, to prevent unlawful processing of personal data and unlawful access to personal data during the treatment. In Turkey, vast majority private and public health organizations provide a service that ensures personal data (i.e. patient’s name and ID number) to call the patient. According to the Board’s decision, hospital or other healthcare institutions are obliged to take all necessary administrative precautions and provide technical support to protect patient privacy. However, this application does not effectively and efficiently performing in most health services. For this reason, it is important to draw a legal framework of personal health data by stating what is the main purpose of this regulation and how to deal with complicated issues on personal health data in Turkey. The research is descriptive on data protection law for health care setting in Turkey. Primary as well as secondary data has been used for the study. The primary data includes the information collected under current national and international regulations or law. Secondary data include publications, books, journals, empirical legal studies. Consequently, privacy and data protection regimes in health law show there are some obligations, principles and procedures which shall be binding upon natural or legal persons who process health-related personal data. A comparative approach presents there are significant differences in some EU member states due to different legal competencies, policies, and cultural factors. This selected study provides theoretical and practitioner implications by highlighting the need to illustrate the relationship between privacy and confidentiality in Personal Data Protection in Health Law. Furthermore, this paper would help to define the legal framework for the health law case studies on data protection and privacy.

Keywords: data protection, personal data, privacy, healthcare, health law

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Authors: Hilly Moodrick-Even Khen

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This study analyzes the legal regulation of the use of force in international law in the context of three emerging Palestinian forms of struggle against Israeli occupation: the Knife Intifada, Gaza border disturbances, and the launching of incendiary kites. It discusses what legal paradigms or concepts should regulate the type and level of force used in each situation—a question that is complicated by various dilemmas—and appraises the Israel Defence Forces policies tailored in response. Methodologically, the study is based on analysis of scholarship on the conceptual legal issues as well as dicta of the courts. It evaluates the applicability of two legal paradigms regulating the use of force in military operations—(i) the conduct of hostilities and (ii) law enforcement—as well as the concept of self-defense in international law and the escalation of force procedure. While the “Knife Intifada” clearly falls under the law enforcement paradigm, the disturbances at the border and the launching of incendiary kites raise more difficult questions, as applying law enforcement, especially in the latter case, can have undesirable ramifications for safeguarding humanitarian interests. The use of force in the cases of the border disturbances and the incendiary kites should thus be regulated, mutatis mutandis, by the concept of self-defense and escalation of force procedures; and in the latter case, the hostilities paradigm can also be applied. The study provides a factual description and analysis of the background and nature of the forms of struggle in Gaza and the West Bank—in each case surveying the geo-political developments since operation Protective Edge, contextualizing how the organized and unorganized violent activities evolved, and analyzing them in terms of level of organization and intensity. It then presents the two paradigms of the use of force—law enforcement and conduct of hostilities—and the concept of self-defense. Lastly, it uses the factual findings as the basis for legally analyzing which paradigm or concept regulating the use of force applies for each form of struggle. The study concludes that in most cases, the concept of self-defense is preferable to the hostilities or the law enforcement paradigms, as it best safeguards humanitarian interests and ensures the least loss of civilian lives.

Keywords: Israeli-Palestinian conflict, self defense, terrorism, use of force

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Authors: Karisma Karisma, Pardis Moslemzadeh Tehrani

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This study aims to conduct a high-level strategic dialogue on the lack of consensus, consistency, and legal certainty regarding blockchain-based energy prosumerism so that appropriate institutional and governance structures can be put in place to address the inadequacies and gaps in the legal and regulatory framework. The drive to achieve national and global decarbonization targets is a driving force behind climate goals and policies under the Paris Agreement. In recent years, efforts to ‘demonopolize’ and ‘decentralize’ energy generation and distribution have driven the energy transition toward decentralized systems, invoking concepts such as ownership, sovereignty, and autonomy of RE sources. The emergence of individual and collective forms of prosumerism and the rapid diffusion of blockchain is expected to play a critical role in the decarbonization and democratization of energy systems. However, there is a ‘regulatory void’ relating to individual and collective forms of prosumerism that could prevent the rapid deployment of blockchain systems and potentially stagnate the operationalization of blockchain-enabled energy sharing and trading activities. The application of broad and facile regulatory fixes may be insufficient to address the major regulatory gaps. First, to the authors’ best knowledge, the concepts and elements circumjacent to individual and collective forms of prosumerism have not been adequately described in the legal frameworks of many countries. Second, there is a lack of legal certainty regarding the creation and adaptation of business models in a highly regulated and centralized energy system, which inhibits the emergence of prosumer-driven niche markets. There are also current and prospective challenges relating to the legal status of blockchain-based platforms for facilitating energy transactions, anticipated with the diffusion of blockchain technology. With the rise of prosumerism in the energy sector, the areas of (a) network charges, (b) energy market access, (c) incentive schemes, (d) taxes and levies, and (e) licensing requirements are still uncharted territories in many countries. The uncertainties emanating from this area pose a significant hurdle to the widespread adoption of blockchain technology, a complementary technology that offers added value and competitive advantages for energy systems. The authors undertake a conceptual and theoretical investigation to elucidate the lack of consensus, consistency, and legal certainty in the study of blockchain-based prosumerism. In addition, the authors set an exploratory tone to the discussion by taking an analytically eclectic approach that builds on multiple sources and theories to delve deeper into this topic. As an interdisciplinary study, this research accounts for the convergence of regulation, technology, and the energy sector. The study primarily adopts desk research, which examines regulatory frameworks and conceptual models for crucial policies at the international level to foster an all-inclusive discussion. With their reflections and insights into the interaction of blockchain and prosumerism in the energy sector, the authors do not aim to develop definitive regulatory models or instrument designs, but to contribute to the theoretical dialogue to navigate seminal issues and explore different nuances and pathways. Given the emergence of blockchain-based energy prosumerism, identifying the challenges, gaps and fragmentation of governance regimes is key to facilitating global regulatory transitions.

Keywords: blockchain technology, energy sector, prosumer, legal and regulatory.

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Authors: Dina Tawfic, Robert Hassan

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The current chapter addresses Al-Azhar's strategy to counter extremism in tandem with reflecting on the ideology of the Islamic establishment itself. The topic is motivated by the fact that some of the Western governments have been relying on Al-Azhar to counter the ideology of Islamist radicalism and violent extremism, in particular during the rise of the Islamic State in Syria and Iraq (known as ISIS/ ISIL/ Daesh) in 2014/2015. In his visit to Egypt in June 2016, Brett McGurk, the then U.S. envoy for the global coalition to counter ISIS, commended Al-Azhar’s “intellectual and reforming role” in refuting the ideology of extremism. On the other hand, Egyptian liberal intellectuals, such as Farag Fouda (1945- 1992) and Nasr Hamed Abu Zeid (1943-2010), had always questioned the ideological capability of Al-Azhar to counter extremism, citing the rigidity and resistance of the Islamic establishment to carry out genuine reformation. This chapter aims to discuss the following research questions: what is the strategy of Al-Azhar to counter extremism? Does Al-Azhar have a solid strategy to combat online propaganda produced by violent extremist groups? Is it applicable to identify Al-Azhar ideological identity? and is it capable of countering extremism? To answer these questions, I conducted intensive interviews with seven senior scholars and officials at Al-Azhar and the Endowments ministry from September to December 2020. Using a qualitative approach as a backdrop, this project uses semi-structured interviews to collect data. Participants were briefed on the purpose of the study and consented to be interviewed and to record their interviews. Some of the participants chose to conceal their names. All the interviews were conducted in Arabic via Zoom. The researcher then transcribed and translated the interviews into English. A purposive sample is used to select the seven interviewees, based on their prominence and experience in the field of counter-extremism and Al-Azhar affairs. The researcher uses a snowball sample to select the sample, in which a personal contact recommends other officials within the establishment.

Keywords: Al-Azhar, Egypt, Counter-Extremism, Political Islam, Ideology

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Authors: Anna Rhodora A. Solar, Jan Emil N. Langomez

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Social Media plays a crucial role in influencing Philippine public opinion with regard to a variety of socio-political issues. This became evident in the massacre of 44 members of the Special Action Force (SAF 44) tasked by the Philippine government to capture one of the US Federal Bureau of Investigation’s most wanted terrorists. The incident was said to be perpetrated by members of the Moro Islamic Liberation Front and the Bangsamoro Islamic Freedom Fighters. Part of the online discourse within Philippine cyberspace sparked intense debates on Filipino Muslim identity, with several Facebook viral posts linking Islam as a factor to the tragic event. Facebook is considered to be the most popular social media platform in the Philippines. As such, this begs the question of the extent to which social media, specifically Facebook, shape the perceptions of Filipinos on Filipino Muslims. This study utilizes Habermas’ theory of communicative action as it offers an explanation on how public sphere such as social media could be a network for communicating information and points of view through free and open dialogue among equal citizens to come to an understanding or common perception. However, the paper argues that communicative action which is aimed at reaching understanding free from force, and strategic action which is aimed at convincing someone through argumentation may not necessarily be mutually exclusive since reaching an understanding can also be considered as a result of convincing someone through argumentation. Moreover, actors may clash one another in their ideas before reaching common understanding, hence the presence of force. Utilizing content analysis on the Facebook posts with Islamic component that went viral after the massacre of the SAF 44, this paper argues that framing the image of Filipino Muslims through Facebook reflects both communicative and strategic actions. Moreover, comment threads on viral posts manifest force albeit implicit.

Keywords: communication, Muslim, Philippines, social media

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Authors: Tim Bakken

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The paper will discuss to what extent political polarization contributes to censorship, lack of civil discourse, and even violence. Most researchers have been unable to identify precisely what factors or processes contribute significantly to conflict. Absent such recognition, we have been unable to select effective remedies to address conflict. Through this paper, it will consider whether legal remedies can help to reduce conflict and polarization. My sense is that many current conflicts cannot be remedied primarily by law. But, there is little research on this hypothesis. Absent research and findings, nations may be looking to law for relief when, in fact, they should be looking at conditions underlying the formation of law or the absence of a more precise and effective legal remedy. It is hypothesized that the underlying reasons for conflict include sub-groups’ separation from the larger democratic society; misplaced loyalty to members of sub-groups; a culture of silence when recognizing wrongdoing; and retaliation against people who speak up. In sum, the greater distance citizens or institutions place between themselves and democratic norms, the more likely the members of a sub-group or institution will be to adopt conflict, even violence, as a method to obtain personal goals.

Keywords: constitutional law, conflict, criminal law, polarization

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Authors: Abdul Mufid

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This study aims to integrate hadith, astronomy, and sociology studies in studying the accelerated implementation of the unification of the Hijri calendar through a multidisciplinary approach. The Hijri calendar is compiled based on the astronomical phenomena of regular movements of the earth, moon, and sun. Meanwhile, for the implementation of worship, the Hijri calendar must refer to the provisions of Islamic law or fiqh. To set the Hijri calendar, agreement on the criteria for the visibility of the new moon (first crescent), date limits, and absolute authority is required. Agreement on visibility criteria requires a valid basis for astronomical studies. Agreement on territorial boundaries is necessary because our earth is round, and the new moon cannot be observed simultaneously. And the agreement of the authorities is also needed to resolve unavoidable differences, especially differences in the appearance of the new moon and differences in schools of thought. The research is based on astronomical data, the experiences of Indonesia and Islamic countries regarding the Hijri calendar, in-depth and focused interviews with various sources, as well as a review of hadith literature. The results of the study show that the implementation of the unification of the Hijri calendar through the three approaches above can be carried out and can be accelerated.

Keywords: calendar unification, new moon (hilal) visibility, multidisciplinary approach, the unity of the Muslims

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Authors: Yula Milshteyn

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The present study focuses on the science of the “Soul” in Islamic Medieval Psychology.The main objective of the current essay is to analyze the concept of the “soul” in relation to “mental” disorders, in the philosophical psychology and medicinal treatise of Ibn Sina, a Muslim Persian physician-philosopher (known as Avicenna in the Western world) (981-1037 CE). The examination will concentrate on the nature of the soul, and the relationship of the soul to the body, as well as the manifestation of health and sickness in soul and body, The analysis draws on Avicenna’s Psychology (Kitab al-Najat or The Book of Salvation), Remarks and Admonitions (Al-isharat wa al-tanbihat), and the medical treatise – The Canon of Medicine (al-Qānūn fī al-Ṭibb). Avicenna’s psychology of the soul is primarily based on Aristotelian and Neo-platonic paradigms. For Avicenna, soul is a metaphysical, independent substance, which in modern terms implies independence of human consciousness from the material body. The soul however, is linked to the body and controls all its’ faculties or functions. It is suggested that in the specific case study of schizophrenia, it is a disorder pertained to both, soul and body and can be characterized as a multi-faceted neurobiological, physiological, psychological and metaphysical spiritual phenomenon.

Keywords: Avicenna, canon of the medicine, mental disorders, psychology, schizophrenia, soul-body

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Authors: Arūnas Gudinavičius, Vincas Grigas

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Purpose: The current study aims to identify and explore causes and consequences of unauthorized use of books from readers’, publishers’, and authors’ points of view. The case of Lithuania also assessed, especially historical background (banned alphabet, book smuggling, theft as the social norm in Soviet times) of the country. Design/methodology/approach: Aiming for more understanding why readers, authors and publishers are using or not using technology for unauthorized access of books, technology acceptance model approach was used, a total of 30 respondents (publishers, authors and readers) were interviewed in semi-structured face-to-face interviews and thematic analysis of collected qualitative data was conducted. Interviews were coded in English with coding software for further analysis. Findings: Findings indicate that the main cause for the unauthorized use of books is a lack of legal e-book titles and acquisition options. This mainly points at publishers, however, instead of using unauthorized sources as opportunities for author promotion or marketing, they rather concentrate on the causes of unauthorized use of books which they are not in control of, including access to unauthorized sources, habits, and economic causes. Some publishers believe that the lack of legal e-book titles is the consequence of unauthorized use of book rather than its cause. Originality: This research contributed to the body of knowledge by investigating unauthorized use of books from readers’, publishers’, and authors’ points of view which renders to have a better understanding of the causes and consequences of such behavior, as well as differences between these roles. We suggest that these causes lead to the intention to use and actual use of technology which is easier to use and which gives more perceived advantages – technology for unauthorized downloading and reading of books vs legal e-book acquisition options.

Keywords: digital piracy, unauthorized access, publishing industry, book reader, intellectual property rights

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Authors: Hilaire Tegnan

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Land administration has always been a delicate issue in the history of nations, and Indonesia, a country where a significant number of the population lives a pastoral life is not exempt from this reality. This paper discusses land tenure issues in West Sumatra, an Indonesian province which is home to the Minangkabau people with their long existing village management system known as Nagari, established to settle disputes based on adat (custom) principles as well as to protect the rights of the community members. These rights include communal land (referred to as tanahulayat hereafter). Long before the Dutch occupation of Indonesian archipelago, the nagari government was vested with powers to regulate communal land in West Sumatra. However, this authority was constantly overlooked by the then Dutch colonial administration as well as the post-independence governments (both central and regional). To reinforce the Nagari government as the guardian of the customary law (hukumadat) and to specify its jurisdiction, the Regional Government of West Sumatra enacted two laws between 2000 and 2008: Law No. 9/2000 repealed by Law No. 2/2007 and Law No. 6/2008 on communal land tenure. Although these two laws provide legal grounds to address land issues across the region, land conflicts still prevail among West Sumatran populations due to unsynchronized and contradictory regulations. The protests against the army (Korem) in Nagari Kapalo Hilalang, against the oil palm company in Nagari Kinali, and against a cement factory in Nagari Lubuk Kilangan are cited in this paper as case references.

Keywords: local government, Nagari government, Tanah Ulayat, legal pluralism, land administration

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Authors: Mohd Akram Shair Mohamad

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The relation to the infinite variety issues sprouting in sports or lex sportiva, like lex mercatoria in the early centuries, has now come of age and even begun a maturing process in the past thirty-five years or so. Lex sportiva now straddles sports management, sports medicine, tort, criminal law, employment contract, competition law and a host of multifarious activities related to sports. This has catapulted a host of legal issue and problems, demanding urgent legal solutions to actual or potential disputes. This paper discusses the nature and development of lex sportiva, and how it is able to resolve sports disputes. Resolving sports dispute via the tiresome, dilatory and expensive process of litigation is most unsuitable. Arbitration may not be equally a satisfactory solution. The paper strongly advocates the far the most effective and resolution friendly mode of settling sports disputes namely, mediation. In support it highlights numerous advantages mediation has to offer and with reference to many significant sports disputes which had been successfully resolved via mediation.

Keywords: alternative dispute resolution, mediation, arbitration, litigation

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Authors: Faranak Omidian

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The aim of this research was to examine the quality of education service at master's level in the Islamic Azad University of Dezful. In terms of objective, this is an applied research and in regard to methodology, it is a descriptive analytical research. The statistical population included all students of master's degree in the Islamic Azad University of Dezful. The sample size was determined using stratified random sampling method in different fields of study. The research questionnaire is the translated version of standardized Abdullah's HEdPERF 41-item scale which is based on a 5-point Likert scale. In order to determine the validity, the translated questionnaire was given to the professors of educational sciences. The correlation among all questions has been regarded at a value of 0.644. The results showed that the quality of educational service at master's level in this university, based on chi-square goodness of fit test, was equal to 73.36 and its degree of freedom was 2 at a significant level of 0.001, indicating the low desirability of the services. According to Friedman test, academic responsiveness has been reported to be in a higher status than other dimensions with an average rank of 3.94 while accessibility, with an average rank of 2.15, has been in the lowest status from master's students' viewpoint.

Keywords: educational service quality, master's level, Iranian university

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Authors: Lola Vivour-Adeniyi, Oluwatoyosi Abikoye

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The death penalty in the 21st century is often considered a relic of the past in many contemporary societies, except where cultural or religious beliefs heavily influence legal systems. However, a recent study on gender-based violence in Lagos State, Nigeria, suggests that this perception might not hold universally. This paper provides a balanced jurisprudential analysis of the death penalty as a punitive measure for sexual offences, particularly against minors, drawing on comprehensive demographic data from 3,225 respondents across various demographics, including gender, age, marital status, religious beliefs, literacy levels, and ethnicity in ten major Local Government Areas. The research captures the diverse perspectives of different demographic groups, weighing the arguments of proponents who see the death penalty as a significant deterrent, a source of justice for victims, and a means to permanently remove dangerous offenders from society against opponents who raise ethical concerns, highlight the risk of wrongful convictions and question its effectiveness in deterring crime. Through a thorough examination of legal frameworks, case studies, and statistical data, this paper presents empirical evidence to reopen the discussion in developing countries. Key questions are addressed: Could the death penalty be an effective measure against sexual assault, particularly involving minors? Would it deter potential offenders? Is it humane to include it in modern legal systems? If not, what long-term reforms could ensure accountability, justice, and enlightenment for those affected by such crimes? This paper aims to foster a nuanced and progressive dialogue, providing insights for policymakers, legal practitioners, jurists, and scholars on the complexities of this contentious issue. The goal is to consider the implications for justice systems in developing countries and to advocate for more effective responses to sexual assault cases and justice for survivors.

Keywords: sexual offences, death penalty, jurisprudential analysis, criminal justice reform

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Authors: Ali Akbar

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The importance of advancing women’s rights is closely intertwined with the development of civil society and the institutionalization of democracy in Middle Eastern countries. There is indeed an intimate relationship between the process of democratization and promoting gender equality, since democracy necessitates equality between men and women. In order to advance the issue of gender equality, what is required is a solid theoretical framework which has its roots in the reexamination of pre-modern interpretation of certain Qurʾānic passages that seem to have given men more rights than it gives women. This paper suggests that those Muslim scholars who adopt a contextualist approach to the Qurʾānic text and its interpretation provide a solid theoretical background for improving women’s rights. Indeed, the aim of the paper is to discuss how the contextualist approach to the Qurʾānic text and its interpretation given by a number of prominent scholars is capable of promoting the issue of gender equality. The paper concludes that since (1) much of the gender inequality found in the primary sources of Islam as well as pre-modern Muslim writings is rooted in the natural cultural norms and standards of early Islamic societies and (2) since the context of today’s world is so different from that of the pre-modern era, the proposed models provide a solid theoretical framework for promoting women’s rights and gender equality.

Keywords: contextualism, gender equality, Islam, the rights of women

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Authors: Rozh Abdulrahman Kareem

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The displacement of individuals has become a common interest for international players. Mostly occurs in Islamic states, as religion is considered the most common cause of this form of displacement. Therefore, this thesis aims to depict the reality of the situations of the refugees, particularly in KRI, illustrating how they are treated and protected and if the treatment merits the protection clause as envisaged in the 1951 Refugee Convention. Overall, the aim is to touch on the issue of protection by non-governmental organizations and government towards the refugees here. In light of this, it focused on the adequate protection of refugees in relation to the refugee law. In the Middle East, including Iraq, there have been multiple reports on violations of these refugee laws and human rights. Protection involves providing physical security to the concerned parties, functional administration with legal structures, and infrastructural setup that could help citizens exercise rights. The KRI has provided the refugees with various benefits, including education, access to residency, and employment. It also provided transitionary in various social dimensions like gender-based violence. The Convention on Status of Refugees 1951 tried to resolve this problem, whereby the principle of ‘nonrefoulement’ under Article 33 was passed. The ‘nonrefoulement’, an exceptional reference, was enacted to protect refugees from forcible return to their countries of the original. However, the convention never addressed an unusual scenario regarding the application of this principle, ‘Extradition Treaties.’ Even though some scholarly article exists regarding the problems of refugees, the topic of interplay between Nonrefoulement and Extradition Treaties has never been explained in detail in the available books on refugee laws and practices. Each year, millions of refugees seek protection from foreign countries for fear of being tortured, victimized, or executed. People seeking international protection are susceptible and insecure. The main objective of the prevention is to provide security to citizens susceptible to inhuman treatment, distress, oppression, or other human rights defilements when they arrive back in their own countries. The refugee situation may get worse in the near future. Just like several nations within the Middle East, Iraq is not a signatory to the globally acknowledged legal structure for the protection of refugees. The first law of 1971 in Iraq was issued only for military or political causes. This law also establishes benefits such as the right to education and health services and the right to acquire employment just as the Iraqi nationals. The other legislative instrument is the 21st law from the ministry of migration of Iraq widened the description of an immigrant to incorporate the definition from the refugee resolution. Nonetheless, there is a lack of overall consistency in the protection provided under these legislations regarding rights and entitlement. A Memorandum of Understanding was signed in October 2016 by the UNHCR and the Iraq government to develop the protection of refugees. Under the term of this MoU, the Iraqi Government is obligated to provide identity documents to asylum seekers beside that UNHCR provides more guidance.

Keywords: law, refugee, protection, Kurdistan

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Authors: Xinchen Zhu

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The rapid fame of the renowned female film star Tang Wei has made her a typical subject (or object) entangled with sensitive issues involving the official ideology, sexuality, and patriarchal values of contemporary China. In 2008, Tang Wei’s official ban has triggered the wave of debates concerning state power and censorship, actor’s rights, sexual ethics, and feminism in the public sphere. Her ban implies that Chinese film censorship acts as a key factor in reconstructing Chinese film stardom. Following the ban, as sensational media texts are re-interpreting the official discourses, the texts also functioned as a crucial vehicle in reconstructing Tang's female image. Therefore, the case study of Tang's film stardom allows us to further explore how female stardom has been entangled with the issues involving official ideology, female sexual ethics, and patriarchal values in contemporary China. This paper argues that Chinese female film stars shoulder the responsibility of film acting which would conform to the official male-dominated values. However, with the development of the Internet, the state no longer remains an absolute control over the new venues. The netizens’ discussion about her ban reshaped Tang’s image as a victim and scapegoat under the unfair oppression of the official authority. Additionally, this paper argues that similar to State’s discourse, netizens’ discourse did not reject patriarchal values, and in turn emphasized Tang Wei’s female chastity.

Keywords: film censorship, Chinese female film stardom, party-state’s power, national discourses, Tang Wei

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