Ḥiyal (legal stratagems) means to meet a permissible end through legal but unconventional way. It has wide application in today’s Islamic finance versatile cutting-edge issues. The research objective of this study is explore and analyze the behavior tendency jurists financial law problem-solving procedure. applies content analysis method thirteen cases matters stratagems, purposively sampled fr...

Despite the fact that judicial scholars have developed reasonably well-specified models of the voting behavior of U.S. Supreme Court justices, little attention has been paid to influences on the consistency of the choices justices make. Aside from the methodological problems associated with failure to account for heteroskedasticity with regard to the justices’ voting behavior, I argue that vari...

after the victory of the islamic revolution of iran a great number of islamic jurists entered the political scene, an event which made iranian politics to a great extent under a legalist approach. considering the structure of law and the way jurists look at reality, they have a different type of personality from other politicians. using the ideal type method, this article attempts to study isla...

Following a discussion of the various reasons why fetus may be intentionally aborted, this article seeks to address following question: What are Sunni jurists' views on legality an intentional abortion when mother's life or health is in danger? The response question should given by dividing fetus' span into two phases before and after soul breathed in, as well jurists past present jurists, acco...

One of the most astonishing discoveries in the history of genocide studies was the Note Relative à la Propagande d’Expansion et de Recrutement (the “Note”), a mimeographed document found in Butare prefecture in the wake of the Rwandan genocide. The Note, which draws from Goebbels, Lenin, and others, is a manual of the rhetorical methods that could be used to inflame ordinary people to attack th...

I wish to lay out the emerging trends in law and economics as a call to give up what was so appealing about the first wave of law and economics – namely the illusion of resolution, certainty and mastery over complex legal issues – in favour of greater partiality, imperfection, and multiplicity, but also greater wisdom. The emerging law and economics – what I am calling the second wave of law an...

The Hon. Michael Kirby AC CMG delivered this Franz-Hermann Brüner lecture at the 16th Conference of International Investigators, in Montreux, Switzerland, on September 30, 2015. Kirby has been a Member of the Pacific Friends of the Global Fund since 2007 and is a Member of the United Nations Secretary-General’s High-Level Panel on Access to Essential Medicines (2015-2016). He was Justice of the...