News: Peer-Reviewed Articles Review: Summer (Part 2)
of Mosul, and the thieves are part of a uranium to form a nuclear weapon, the one percent of the .. 23 Syed Adnan Ali Shah Bukhari, “Pakistan's New Most 22 “Van vrolijke rapper tot jihadist Dag mam, ik ga naar. Syrië!” .. marriage, women and girls were forced about this relationship that remains. Special thanks also go to Nette Holmboe Bang and her husband, . outside the power relationship inherent in the occupier-occupied In both instances, Danish officers took part in the efforts to transform the group of Muslim soldiers from India, one of whom, named Fadl Ali, “En Dag i Damascus. 1 There are a few exceptions to this rule, but the sheer ex- . of Mosul, and the thieves are part of a .. 23 Syed Adnan Ali Shah Bukhari, “Pakistan's New Most 22 “Van vrolijke rapper tot jihadist Dag mam, ik ga naar. Syrië! .. marriage, women and girls were forced about this relationship that remains.
The neighboring Arab countries believed that in signing the accords, Sadat had put Egypt's interests ahead of Arab unity, betraying Nasser's pan-Arabismand destroyed the vision of a united "Arab front" for the support of the Palestinians against the "Zionist Entity". However, Sadat decided early on that peace is the solution.
In the United States his peace moves gained him popularity among some Evangelical circles. Arab League member states believed in the elimination of the "Zionist Entity" and Israel at that time. It was not until that the League re-admitted Egypt as a member, and returned its headquarters to Cairo.
As part of the peace deal, Israel withdrew from the Sinai Peninsula in phases, completing its withdrawal from the entire territory except the town of Taba by 25 April withdrawal from which did not occur until Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed.
Following his death inPresident Sadat turned this around quickly into an open and close friendship. InSadat addressed the Iranian parliament in Tehran in fluent Persiandescribing the 2,year-old historic connection between the two lands. Overnight, the Egyptian and Iranian governments were turned from bitter enemies into fast friends. After the war with Israel, Iran assumed a leading role in cleaning up and reactivating the blocked Suez Canal with heavy investment. The country also facilitated the withdrawal of Israel from the occupied Sinai Peninsula by promising to substitute the loss of the oil to the Israelis with free Iranian oil if they withdrew from the Egyptian oil wells in western Sinai.
All these added more to the personal friendship between Sadat and the Shah of Iran. The Shah's first wife was Princess Fawzia of Egypt. After his overthrow, the deposed Shah spent the last months of his life in exile in Egypt.
When the Shah died, Sadat ordered that he be given a state funeral and be interred at the Al-Rifa'i Mosque in Cairo, the resting place of Egyptian Khedive Isma'il Pashahis mother Khushyar Hanim, and numerous other members of the royal family of Egypt and Sudan.
Assassination of Anwar Sadat The last months of Sadat's presidency were marked by internal uprising. According to interviews and information gathered by journalist Lawrence Wrightthe group was recruiting military officers and accumulating weapons, waiting for the right moment to launch "a complete overthrow of the existing order" in Egypt.
Chief strategist of El-Jihad was Abbud al-Zumara colonel in the military intelligence whose "plan was to kill the main leaders of the country, capture the headquarters of the army and State Security, the telephone exchange building, and of course the radio and television building, where news of the Islamic revolution would then be broadcast, unleashing—he expected—a popular uprising against secular authority all over the country".
In September, Sadat ordered a highly unpopular roundup of more than 1, people, including many Jihad members, but also the Coptic Pope and other Coptic clergy, intellectuals and activists of all ideological stripes. Members of the Group's 'Majlis el-Shura' 'Consultative Council' — headed by the famed 'blind shaykh' — were arrested two weeks before the killing, but they did not disclose the existing plans and Islambouli succeeded in assassinating Sadat. Aftermath Sadat was succeeded by his vice president Hosni Mubarak, whose hand was injured during the attack.
Sadat's funeral was attended by a record number of dignitaries from around the world, including a rare simultaneous attendance by three former US presidents: Sudan 's President Gaafar Nimeiry was the only Arab head of state to attend the funeral. The trial was covered by the international press and Zawahiri's knowledge of English made him the de facto spokesman for the defendants.
Zawahiri was released from prison in Such matters are regarded as non-justiciable. In other words, during the course of exercise of the power of judicial review it may be found that there are certain aspects of the exercise of that power which are not susceptible to judicial process on account of want of judicially manageable standards and are, therefore, not justiciable.
In the case of Raja Ram Pal v. Speaker, Lok Sabha [ 3 SCC ] while dilating upon the role of the Supreme Court of India, it was held that it was the solemn duty of the Court to protect the fundamental rights guaranteed by the Constitution zealously and vigilantly.
Relevant portion from the judgment is reproduced below: We have a written Constitution which confers powers of judicial review on this Court and on all High Courts. It may be stated that initially it was contended by the respondents that this Court has no power to consider a complaint against any action taken by Parliament and no such complaint can ever be entertained by the Court. Gopal Subramaniam, appearing for the Attorney General, however, at a later stage conceded and I may say, rightly the jurisdiction of this Court to consider such complaint, but submitted that the Court must always keep in mind the fact that the power has been exercised by a coordinate organ of the State which has the jurisdiction to regulate its own proceedings within the four walls of the House.
Peer-Reviewed Articles Review: Summer 2017 (Part 2)
Unless, therefore, this Court is convinced that the action of the House is unconstitutional or wholly unlawful, it may not exercise its extraordinary jurisdiction by re-appreciating the evidence and material before Parliament and substitute its own conclusions for the conclusions arrived at by the House.
In my opinion, the submission is well-founded. This Court cannot be oblivious or unmindful of the fact that the Legislature is one of three organs of the State and is exercising powers under the same Constitution under which this Court is exercising the power of judicial review.
It is, therefore, the duty of this Court to ensure that there is no abuse or misuse of power by the Legislature without overlooking another equally important consideration that the Court is not a superior organ or an appellate forum over the other constitutional functionary. This Court, therefore, should exercise its power of judicial review with utmost care, caution and circumspection. State, 4 SCC This Court in all earlier cases held that in view of power of judicial review under Articles 32 and of the Constitution, the Supreme Court and High Courts have jurisdiction to decide legality or otherwise of the action taken by State- authorities and that power cannot be taken away from judiciary.
There lies the distinction between British Parliament and Indian Parliament.
This, in my opinion, is based on the doctrine that there cannot be two parallel courts, i. India is a democratic and republican State having a written Constitution which is supreme and no organ of the State Legislature, Executive or Judiciary can claim sovereignty or supremacy over the other.
Under the said Constitution, power of judicial review has been conferred on higher judiciary Supreme Court and High Courts. Union of India [ 3 SCC 1], it was held that the judicial review was a basic feature of the Constitution and that the power of judicial review was a constituent power which could not be abrogated by judicial process of interpretation.
It was further held that it was a cardinal principle of the Constitution that no one could claim to be the sole judge of the power given under the Constitution and that its actions were within the confines of the powers given by the Constitution.
On the above survey of the case-law, it is clear that the power of judicial review is a cardinal principle of the Constitution. The Judges, to keep the power of judicial review strictly judicial, in its exercise, do take care not to intrude upon the domain of the other branches of the Government.
It is the duty of the judiciary to determine the legality of executive action and the validity of legislation passed by the Legislature. At this stage, reference may also be made to our own jurisdiction where a robust defence of judicial review has been expounded: It aims at an independent Judiciary which is an important organ of the State within the Constitutional sphere. The Constitution provides for progressive separation of the Judiciary and had fixed a time limit for such separation.
It expired in the year and from then onwards, irrespective of the fact whether steps have been taken or not, judiciary stands separated and does not and should not seek aid of executive authorities for its separation. Separation of judiciary is the cornerstone of independence of judiciary and unless judiciary is independent, the fundamental right of access to justice cannot be guaranteed.
One of the modes for blocking the road of free access to justice is to appoint or hand over the adjudication of rights and trial of offence in the hands of the Executive Officers. This is merely a semblance of establishing Courts which are authorised to decide cases and adjudicate the rights, but in fact such Courts which are manned and run by executive authorities without being under the control and supervision of the judiciary can hardly meet the demands of Constitution.
Considering from this point of view we find that the impugned Ordinance II of from the cognizance of the case till the revision is disposed of, the entire machinery is in the hands of the executive from Naib-Tehsildar to the official of the Government in the Ministry: Such a procedure can hardly be conducive to the administration of justice and development of the area nor will it achieve the desired result of bringing law and order, peace and tranquility or economic prosperity and well-being.
The Constitution envisages independent Judiciary separate from the Executive. Thus any Tribunal created under the control and superintendence of the executive for adjudication of civil or criminal cases will be in complete conflict with Articles9 and Its separation and independence is to be equally secured and preserved as that of the superior judiciary.
The lower judiciary is more dependent and prone to financial dependence and harassment at the hands of the executive. In practice and effect the separation of judiciary is the main problem of the lower judiciary which under several enactments and rules is practically under the control and supervision of the executive.
Such control and supervision can be achieved only when the judiciary is administratively and financially separate from the executive. The next step should be taken to devise proper scheme and frame rules dealing with financial problems within the framework of the Constitution.
So long financial independence is not achieved, it will be difficult to improve the working conditions, accommodation, building and expansion to meet the growing needs of the people. I may reiterate that the independence of Judiciary is inextricably linked and connected with the Constitutional process of appointment of Judges of the superior Judiciary.
The relevant Constitutional provisions are to be construed in a manner which would ensure the independence of Judiciary. At this juncture, it may be stated that a written Constitution, is an organic document designed and intended to cater the need for all times to come. It is like a living tree, it grows and blossoms with the passage of time in order to keep pace with the growth of the country and its people; Thus, the approach, while interpreting a Constitutional provision should be dynamic, progressive and oriented with the desire to meet the situation, which has arisen, effectively.
The interpretation cannot be a narrow and pedantic. The general words cannot be construed in isolation but the same are to be construed in the context in which, they are employed. In other words, their colour and contents are derived from their context. The Constitutional provisions relating to the appointments transfers of Judges of the superior Courts, therefore, need to be examined in light of the Islamic concept of justice. Islam had always attached unparalleled importance to the concept of justice.
As stated above, our Constitution is based on the theory of trichotomy of power which makes the three limbs of the State, the Legislature, the Executive and the Judiciary, independent of each other in their respective spheres. The judicature according to Article 1 of the Constitution, consists of the Supreme Court, a High Court for each Province and such other Courts as may be established by law.
The Courts created under Article 1 ibid exercise such jurisdiction which is conferred on them either by the Constitution or by or under any law as provided in Article 2 ibid. The judicature stands separated from the executive as provided in Article 3 of the Constitution. Creation of Courts outside the control and supervision of Supreme Court or the High Courts, therefore, not only militates against the independence of Judiciary but it also negates the principle of trichotomy of power which is the basic feature of the Constitution.
Objectives Resolution was even retained in the Interim Constitution of as Preamble. The Constitution of Pakistan contains specific and categorical provisions for the independence of Judiciary.
Amina Ali | Revolvy
The Judiciary is entrusted with the responsibility for enforcement of Fundamental Rights. This calls for an independent and vigilant system of judicial administration so that all acts and actions leading to infringement of Fundamental Rights are nullified and the rule of law upheld in the society.
This is a legal obligation assigned to the Judiciary. It is called upon to enforce the Constitution and safeguard the Fundamental Rights and freedom of individuals, To do so, the Judiciary has to be properly organized and effective and efficient enough to quickly address and resolve public claims and grievances; and also has to be strong and independent enough to dispense justice fairly and impartially.
It is such an efficient and independent Judiciary which can foster an appropriate legal and judicial environment where there is peace and security in the society, safety of life, protection of property and guarantee of essential human rights and fundamental freedoms for all individuals and groups, irrespective of any distinction or discrimination on the basis of cast; creed, colour, culture, gender or place of origin, etc.
It is indeed such a legal and judicial environment, which is conducive to economic growth and social development. The exercise of suo motu powers has been dwelt at length by the superior Courts of Pakistan in a large number of cases. Reference may usefully be made to the following cases: It is indeed necessary because, this being the first case of its nature, the procedural and other elements thereof are likely in due course, to come under discussion.
The acceptance of a telegram in this case is covered by the said authority as also by the due extension of the principles laid therein. It needs to be mentioned that in our Supreme Court, though letters and telegrams are sent to individual Judges, but it is not considered as an appropriate and proper method of initiating proceedings.
Some times it leads to embarrassment. In this case the telegram was addressed directly to him and he marked it to me. The principle of extension involved in the relevant phrase used in Art. As to how far it can be extended, will depend upon each case.
It is so also because of the other provisions of the Constitution, the rules of this Court and the principles and Rules comprising the Constitutional set up of Pakistan. What goes with it, is the subject or ample authority as well as of future application in given cases. Everybody accepted that it is so. The provisions of Article 9 relating to security of person; Article 11 in so far as it relates to forced labour, traffic in human beings and child labour; Article 14 relating to dignity of man; Article 15 ensuring freedom of movement; Article 19 relating to freedom of trade, business or profession; and Article 25 relating to equality, particularly in the protection of law and bar against discrimination on the basis of sex, as also the safeguards for women and children, amongst others, are applicable to the various aspects of the matter.
However, it is a different matter that some Fundamental rights are more directly attracted than the others and some elements involved in any one of them are relevant while the others are meant for other situations. In view of lack of contest on this issue it is not necessary to go into a detailed discussion in this behalf.
For the same purpose the other important elements in these Fundamental Rights may be collected together and put in a self-contained Code. It might cover all aspects of human dignity, deprivations and misery, including those rights in this behalf which are ensured, in addition, as basic human rights in Islam. This Court has in the Shariat jurisdiction dealt with some of them. There is no bar in the Constitution to the inclusion in such law of these rights, in addition to the Fundamental rights contained in Chapter I Part II thereof.
This comprehensive law should deal with the compulsory education of the classes concerned for making them aware of their rights; the detection of the infringement thereof as the duty of the State; and providing remedial mechanism also at the instance of the State whenever the will to assert or exercise them is lacking on the part of a citizen. These aspects of the enforcement of Fundamental rights guaranteed by the Constitution and other basic human rights ensured by Islam can, by law be made also into an independent inalienable right, with self — operating mechanism for enforcement as well.
Muhammad Nawaz Sharif v. This provision confers power on the Supreme Court to consider questions of public importance which are referable to the enforcement of any Fundamental Rights guaranteed by the Constitution and enumerated in Chapter 1 of Part II.
This power is without prejudice to the provisions of Article which confer similar power with certain restrictions on the High Court. The power conferred depends upon two questions; one, that the case sought to be heard involves question of public importance and two, the question of public importance relates to the enforcement of Fundamental Rights.
It is not every question of public importance which can be entertained by this Court, but such question should relate to the enforcement of Fundamental Rights. This provision confers a further safety and security to the fundamental rights conferred and guaranteed by the Constitution. This shows the importance which Fundamental Rights have in the scheme of the Constitution.
They cannot be curtailed or abridged and any provision of law or action taken which violates Fundamental Rights conferred by the Constitution shall be void. The nature of jurisdiction and the relief which can be granted under this Article is much wider than Article It confers a power to make an order of the nature mentioned in Article Article is an effective weapon provided to secure and guarantee the fundamental rights. It can be exercised where the Fundamental Right exists and a breach has been committed or is threatened.
The attributes of Article of being an aggrieved person or of having an alternate remedy and depending upon the facts and circumstances even laches cannot restrain the power or non-suit a petitioner from filing a petition under Article and seeking relief under it.
The relief being in the nature mentioned in Article can be modified and also consequential reliefs can be granted which may ensure effective protection and implementation of the Fundamental Rights. Even disputed questions of facts which do not require voluminous evidence can be looked into where Fundamental Right has been breached.
However, in case where intricate disputed questions of facts involving voluminous evidence are involved the Court will desist from entering into such controversies. Wandering in the Wilderness or Entering the Promised Land? This article argues that one can analyze revolutions as ritual passages, as spatial and temporal liminality. Even in those states where institutional arrangements on the surface have been recomposed, perpetual crises seem everywhere.
This situation characterizes a number of post-upheavals in the world. In this article, I draw on examples in Arab countries to reflect on how the current ends of revolution can be understood as perpetual liminality, and what it would take to exit liminality. I stress that legal and judicial processes are formalized and ritualized means toward re-aggregation, which have to go along with a cooling down of emotions and a taming of violence at the social level.
The re-aggregation process, however, is complicated by the fact that new regimes gain their legitimacy from available symbols of the revolution itself. Literary modernity and political reform come together, as the identification and affirmation of work gives place to the modern auto-production of nation in perfectly self-enclosed form. Objects of everyday life spinning out of control occupy an important place in modern Turkish narratives.
From the prodigal sons of the first Turkish novels to the shanty town dwellers of contemporary Istanbul narratives, many characters suffer from the same malady: They also propose and perform certain modes of aestheticizing everyday life as an antidote to this impotence. Ayse Ozge Kocak Hemmat http: This article examines Nuran through her femininity, maternalism, and heritage as the representation of a changing cultural and social identity tied to the Ottoman past but focused on the future.
In the mid-nineteenth century pan-Slavic ideology was evident at two levels: Ignatiev's diplomacy, and at the institutional level in the Slavic Benevolent Committee's activities. Ignatiev's activities concerning Russia's Balkan policy.
The memoirs of the Russian and Ottoman bureaucratic elites also offer great detail on the subject. Relying upon these archival sources and memoirs, this article aims to discuss the transformation of pan-Slavic ideology from a cultural organization into a Russian political asset, with special attention to N. Ignatiev and the Slavic Benevolent Committee. Yet it may come as a surprise to many that it was not a conservative party with Islamist leanings that first experimented with the idea of relying on religious education as an antidote to the perceived moral decadence of the society.
Rather, it was the secularist party, the Republican People's Party, which attempted to use religious instruction for the same purpose during the heyday of Kemalism in the s. Against this backdrop, providing an analysis of how the Republican People's Party had come to the point of offering religious education to school children and how it justified this policy can shed light on today's debate on secularism and the secular character of the Turkish state.
Baroudi, Vahid Behmardi http: In recent years, radical and violent Islamist movements — such as al-Qaeda and its offshoot the Islamic State in Iraq and Syria — have seized the spotlight. A corollary of this preoccupation has been the proliferation of studies on the political thought of radical Islamist figures such as Abu Muhammad al-Maqdisi, Ayman al-Zawahiri and Osama bin-Laden.
By contrast, scant attention has been paid to the thought of moderate contemporary Sunni Islamist scholars. This article attempts to rectify this situation by focusing on the international relations discourse of a prominent Syrian Islamist thinker Sheikh Wahbah al-Zuhaili hereafter Zuhaili. The article examines Zuhaili's views on three central and interrelated topics: By shedding light on Zuhaili's thought and situating it in its proper ideational and historical contexts, the article concludes that radical Islamist ideology is at the periphery of contemporary Islamist conceptualizations of international relations while the epicentre is held by mainstream Islamists whose perspectives on international relations are fairly compatible with prevalent western views, especially those emanating from the Realist school.
This article aims to reconstruct and understand the path that led this statesman, from the very beginning of his career, towards the inspectorate during the time of Sultan Abdulhamid II r. Apart from his early career, he mainly served in the southern Anatolian and Syrian regions of the empire, and later in Yemen.