Table of Contents

Nile as a Transboundary River and The Ethiopian Grand Renaissance Dam (GERD): The Issue of Sovereignty-Cooperation Dilemma

Getachew Hailemariam, Friedrich Alexander University Erlangen Nuremberg

The Rights of the Juvenile in Pakistan

Afrasiab Ahmed Rana, International Islamic University, Islamabad - Department of Law, Bahria University, Islamabad, University of Sargodha

Some Reservations by the Islamic States on Major Human Rights Treaties

Jaafar Almashaal, Independent

FinTech led Tax Justice: Redistribution Using Zakat for the Socio-Economic Improvement of Women

Lyla Latif, University of Nairobi

Delay Defeats Criminal Justice in Pakistan

Syeda Saima Shabbir, Senior Research Officer Supreme Court of Pakistan, International Islamic University, Islamabad

A Theory of a State? How Civil Law Ended Legal Pluralism in Modern Egypt

Samy Ayoub, University of Texas at Austin - School of Law


ISLAMIC LAW & LAW OF THE MUSLIM WORLD eJOURNAL

"Nile as a Transboundary River and The Ethiopian Grand Renaissance Dam (GERD): The Issue of Sovereignty-Cooperation Dilemma" Free Download
Journal of Political Sciences & Public Affairs, Vol. 9, Issue 6, No. 1000396, 2021

GETACHEW HAILEMARIAM, Friedrich Alexander University Erlangen Nuremberg
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The Nile as a transboundary river attracts worldwide attention. 85% of the river originates in Ethiopia. However, Ethiopia has historically been excluded from using this resource for development purposes. Since 2011, Ethiopia has been building a dam on the Blue Nile. However, downstream countries Egypt and Sudan, joined by countries in the Middle East and the Arabs, claim absolute sovereignty over the Nile. The purpose of this article is to provide a look at the current evolution of the legal and policy debate over the everyday use of the Blue Nile River. This review article provides the historical and legal background of the Blue Nile and argues for shared responsibility.

"The Rights of the Juvenile in Pakistan" Free Download
Int. J. Human Rights and Constitutional Studies, Vol. 9, No. 3, 2022

AFRASIAB AHMED RANA, International Islamic University, Islamabad - Department of Law, Bahria University, Islamabad, University of Sargodha
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The protection of the rights of the children is a great concern of the modern legal systems. In Pakistan the rights of the juvenile offenders have been protected by two enactments, the Juvenile Justice System ordinance 2000 and the Juvenile Justice System Act 2018 in order to meet the requirements of the United Nations Convention on the Rights of Children, 1989. This paper aims to cover all the rights available to a juvenile offender in Pakistan by analysing and comparing the rights available to the juveniles in the JJSA with the other prevailing laws and the JJSO. The JJSA is an attempt to update the legal rights available to the juveniles up to the international standards and the UNCRC. This paper is an attempt to discuss the rights available to the juveniles in Pakistan and suggests some improvements.

"Some Reservations by the Islamic States on Major Human Rights Treaties" Free Download

JAAFAR ALMASHAAL, Independent
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This article examines the decision of nations to enter reservations upon ratification of international human rights treaties. Reservations, I suggest, merely attempt to avoid international legal duties when they would be relevant in the framework of the human rights regime. I chose Iraq as an Islamic state example among others because it has recently transitioned from a totalitarian dictatorship to an outstanding Islamic democracy that has played a significant role in the Middle East by respecting human rights and has had a significant impact on other Islamic countries. Other Islamic countries, on the other hand, have remained under dictatorships with varying degrees of authoritarianism. I developed an explanation for their use that focuses on the following two parts: The first part is the validity of reservations (both purpose and object), and the second part is the substantive validity of reservations for Iraq in human rights treaties. I included the vague and general reservations that impede the implementation of human rights. These problems are still controversial in international law, and I suggested making reservations about the human rights impermissibility issue. I am for the Vienna Convention Law of Treaties, but reservations on human rights are not permissible to guarantee the implementation of human rights treaties and oblige the state to respect the universality of human rights. Particularly in Islamic countries such as Iraq. The Iraqi reservations were two: 1. The Republic of Iraq's approval and accession to this Convention do not imply that it is bound by the provisions of article 2, paragraphs (f) and (g), or article 16 of the Convention. The reservation to the last-mentioned article shall be without prejudice to Islamic Shariah provisions that accord women's rights equal to those of their spouses in order to ensure a just balance between them. Iraq also enters a reservation to article 29, paragraph 1 of this Convention with regard to the principle of international arbitration in connection with the interpretation or application of this Convention. 2. This approval does not imply recognition of, or entry into, any kind of relationship with Israel.

The Government of the Republic of Iraq told the Secretary-General on February 18, 2014, that it had chosen to withdraw its reservation to Article 9 of the Convention, which stated: "The Government of Iraq has decided to accept [the Convention]... subject to a reservation in respect to article 14, paragraph 1, respecting the child's freedom of religion, as enabling a youngster to change his or her religion is contrary to Islamic Sharia." First, the acceptance and membership of the Republic of Iraq to this Convention (the Convention on the Elimination of all Forms of Discrimination against Women), as stated in article 29, paragraph 1 of the Convention. Second, this approval does not imply acceptance of or participation in any form of agreement. I focus in this paper too on the major reservations of Iraq on human rights and its comparison with other Islamic states. Analyze the legal aspects of Iraqi reservations regarding women's rights, in particular. I conclude that Islamic countries try to avoid international obligations through reservations on human rights treaties.

"FinTech led Tax Justice: Redistribution Using Zakat for the Socio-Economic Improvement of Women" Free Download
Latif, L, FinTech led Tax Justice: Redistribution Using Zakat for the Socio-Economic Improvement of Women, Kardan Journal of Social Sciences and Humanities 4 (2) 44–55 (2021), DOI: 10.31841/KJSSH.2021.44

LYLA LATIF, University of Nairobi
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Unpaid care work and working in the informal sector have restricted women’s access to finance. These money restrictions are partly because of cultural barriers framing gender roles and institutions structured towards a service economy that is representative of women. Also, the market’s emphasis on minimum state intervention and freedom of trade and capital has steered redistribution away from addressing gender-related socioeconomic inequalities. Redistribution has instead been fostered to stimulate the growth of private markets and provide entrepreneurs with a path for socio-economic mobility. It has created gendered wealth and income asymmetries and deepened gender inequalities in accessing finance. Can fintech, arguably the next iteration of development models, bridge this inequality gap? Should tax justice continue to be construed from a public finance perspective where taxes collected are not always used to provide commensurate public benefits to citizens? Or can tax justice be purposively construed to include religious tax practises inspired by an exogenous, religiously inspired fiscal system, for example, Islam? Relatedly, can Muslim non-state actors also be subservient to the exogenous Islamic fiscal system and facilitate redistribution using the available religious funds transmitted through fintech? Redistributive taking under the Islamic fiscal system as part of the collective consciousness of the Muslim community should be analysed as part of the conceptual framework that explains what tax justice means. This paper attempts to explore how the concept of redistribution can be examined using the Islamic wealth tax. It will explain how a faith-based organisation in Nairobi uses the Islamic wealth tax to meet the development needs of women looking for financial access to improve their economic well-being.

"Delay Defeats Criminal Justice in Pakistan" Free Download

SYEDA SAIMA SHABBIR, Senior Research Officer Supreme Court of Pakistan, International Islamic University, Islamabad
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“Delay defeats justice” is a phrase repeatedly used by the judges in Pakistan in their judgments but hardly addressed. Inexpensive and expeditious justice is a constitutional mandate as per Article 37(d) of the Constitution of the Islamic Republic of Pakistan 1973. The dispensation of criminal justice in Pakistan takes a long recourse from the court of first instance until the final disposal of a case by the apex court of Pakistan i.e., the Supreme Court. Parties to the litigation remain entrenched in criminal litigation for excruciating long time. Delivery of expeditious and inexpensive justice is the constitutional duty of the State and its organs including the judiciary. No doubt in Pakistan, the judges serving from subordinate to superior courts are highly professional and i