{"title":"奥斯曼法律的残余及其在当代黎巴嫩和阿拉伯世界的应用","authors":"Safrudin Halimy Kamaluddin","doi":"10.15548/alahkam.v12i2.3613","DOIUrl":null,"url":null,"abstract":"At the beginning of the sixteenth century (1516), the Ottomans controlled all the lands that are today within the Lebanese Republic, and their existence lasted for four hundred years, during which they established military, security, administrative and social systems and enacted laws to improve and organize the country. Although five centuries have passed since the Ottoman presence in Lebanon, some of these laws are still in force. Some have been amended, such as the personal status law related to Islamic Law, some administrative regulations, and the municipal ordinance that the French updated during the Mandate days (1920-1943). While Ottoman laws are still strictly enforced in Lebanon, such as the Associations Law. Two sources, one legal and the other specialized in Islamic history, confirm in two separate interviews to Anadolu Agency the importance of these laws for Lebanon since their enactment until today. \"Not everything old is considered bad. For example, but not limited to, the Associations Law is an Ottoman law that enshrines freedom of association and respects Article 13 of the Constitution, and despite its promulgation in 1909, it has been considered a liberal law to date,\" says Appeals Lawyer Zakaria Yahya beast. Al-Ghoul added: \"The Law of Associations is one of the most important laws issued during the Ottoman period. It is still in force to date, and it is the one who looks after the affairs of associations and how they are formed in Lebanon and the Arabs World. He pointed out that \"there is a legislative decree issued in 1977, which is compared to the Ottoman Law of Associations as a recent law, but it allowed the pre-trial detention of journalists.\" He continued, \"From here, this comparison makes us say that the problem does not lie in the extent of the laws' antiquity, but rather in the extent to which they meet the objectives of the current legal rules.\"","PeriodicalId":224346,"journal":{"name":"Jurnal AL-AHKAM","volume":"5 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"REMNANTS OF OTTOMAN LAW AND ITS APPLICATION IN CONTEMPORARY TIMES IN LEBANON AND THE ARAB WORLD\",\"authors\":\"Safrudin Halimy Kamaluddin\",\"doi\":\"10.15548/alahkam.v12i2.3613\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"At the beginning of the sixteenth century (1516), the Ottomans controlled all the lands that are today within the Lebanese Republic, and their existence lasted for four hundred years, during which they established military, security, administrative and social systems and enacted laws to improve and organize the country. Although five centuries have passed since the Ottoman presence in Lebanon, some of these laws are still in force. Some have been amended, such as the personal status law related to Islamic Law, some administrative regulations, and the municipal ordinance that the French updated during the Mandate days (1920-1943). While Ottoman laws are still strictly enforced in Lebanon, such as the Associations Law. Two sources, one legal and the other specialized in Islamic history, confirm in two separate interviews to Anadolu Agency the importance of these laws for Lebanon since their enactment until today. \\\"Not everything old is considered bad. For example, but not limited to, the Associations Law is an Ottoman law that enshrines freedom of association and respects Article 13 of the Constitution, and despite its promulgation in 1909, it has been considered a liberal law to date,\\\" says Appeals Lawyer Zakaria Yahya beast. Al-Ghoul added: \\\"The Law of Associations is one of the most important laws issued during the Ottoman period. It is still in force to date, and it is the one who looks after the affairs of associations and how they are formed in Lebanon and the Arabs World. He pointed out that \\\"there is a legislative decree issued in 1977, which is compared to the Ottoman Law of Associations as a recent law, but it allowed the pre-trial detention of journalists.\\\" He continued, \\\"From here, this comparison makes us say that the problem does not lie in the extent of the laws' antiquity, but rather in the extent to which they meet the objectives of the current legal rules.\\\"\",\"PeriodicalId\":224346,\"journal\":{\"name\":\"Jurnal AL-AHKAM\",\"volume\":\"5 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-12-31\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Jurnal AL-AHKAM\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.15548/alahkam.v12i2.3613\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Jurnal AL-AHKAM","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.15548/alahkam.v12i2.3613","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
摘要
16世纪初(1516年),奥斯曼人控制了今天黎巴嫩共和国境内的所有土地,他们的存在持续了四百年,在此期间,他们建立了军事,安全,行政和社会制度,并制定了法律来改善和组织国家。虽然奥斯曼帝国在黎巴嫩的存在已经过去了五个世纪,但其中一些法律仍然有效。有些已被修订,如与伊斯兰教法有关的个人地位法、一些行政法规和法国在托管时期(1920-1943年)更新的市政条例。虽然奥斯曼帝国的法律在黎巴嫩仍然严格执行,如协会法。两个消息来源,一个是法律方面的,另一个是专门研究伊斯兰历史的,在阿纳多卢通讯社的两次单独采访中证实了这些法律自颁布以来直到今天对黎巴嫩的重要性。“不是所有旧的东西都被认为是坏的。例如,但不限于,《结社法》是一项奥斯曼法律,它将结社自由奉为神圣,并尊重宪法第13条,尽管它于1909年颁布,但迄今为止一直被认为是一部自由主义法律,”上诉律师扎卡里亚·叶海亚·野兽说。Al-Ghoul补充说:“《结社法》是奥斯曼帝国时期颁布的最重要的法律之一。它至今仍然有效,它负责管理黎巴嫩和阿拉伯世界的协会事务以及它们是如何形成的。他指出,“1977年颁布了一项立法法令,可与最近颁布的《奥斯曼结社法》(Ottoman Law of Associations)相提并论,但它允许对记者进行审前拘留。”他接着说:“从这里开始,这种比较使我们说,问题不在于法律的古老程度,而在于它们在多大程度上符合当前法律规则的目标。”
REMNANTS OF OTTOMAN LAW AND ITS APPLICATION IN CONTEMPORARY TIMES IN LEBANON AND THE ARAB WORLD
At the beginning of the sixteenth century (1516), the Ottomans controlled all the lands that are today within the Lebanese Republic, and their existence lasted for four hundred years, during which they established military, security, administrative and social systems and enacted laws to improve and organize the country. Although five centuries have passed since the Ottoman presence in Lebanon, some of these laws are still in force. Some have been amended, such as the personal status law related to Islamic Law, some administrative regulations, and the municipal ordinance that the French updated during the Mandate days (1920-1943). While Ottoman laws are still strictly enforced in Lebanon, such as the Associations Law. Two sources, one legal and the other specialized in Islamic history, confirm in two separate interviews to Anadolu Agency the importance of these laws for Lebanon since their enactment until today. "Not everything old is considered bad. For example, but not limited to, the Associations Law is an Ottoman law that enshrines freedom of association and respects Article 13 of the Constitution, and despite its promulgation in 1909, it has been considered a liberal law to date," says Appeals Lawyer Zakaria Yahya beast. Al-Ghoul added: "The Law of Associations is one of the most important laws issued during the Ottoman period. It is still in force to date, and it is the one who looks after the affairs of associations and how they are formed in Lebanon and the Arabs World. He pointed out that "there is a legislative decree issued in 1977, which is compared to the Ottoman Law of Associations as a recent law, but it allowed the pre-trial detention of journalists." He continued, "From here, this comparison makes us say that the problem does not lie in the extent of the laws' antiquity, but rather in the extent to which they meet the objectives of the current legal rules."