Tesi sul tema "Ignorance de la loi (Droit islamique)"
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Gleave, Robert. "Inevitable doubt : two theories of Shī ' ī jurisprudence /". Leiden : Brill, 2000. http://catalogue.bnf.fr/ark:/12148/cb40962564c.
Testo completoParadelle, Muriel. "Des usages d'un répertoire normatif en politique étrangère : la place et le rôle de la sharî'a islamique dans la pratique internationale des états musulmans". Aix-Marseille 3, 1999. http://www.theses.fr/1999AIX32024.
Testo completoAnalysis of the muslim states' international practice, mainly the practice of egypt, saudi arabia, iran, soudan, libya and pakistan, through the study of uses they make of the islamic law in the definition of their diplomacy. This study starts from a main question : do those states adopt a specific behaviour on the international scene because they share one same reference : islam, its law, culture and religion. Does an islamic diplomacy exist, which would be different from the other foreign policies with specific aims ? Through the political science and sociology of law theories, we would like to show the role and place of the islamic shari'a in the definition of a foreign policy
Nehmé, Aline. "L'assurance entre loi islamique et droit positif : l'exemple des droits francais et libanais". Thesis, Lyon 3, 2013. http://www.theses.fr/2013LYO30044.
Testo completoThe Islamic insurance, or Takaful, that first appeared in the seventies, is a subject that has an actual importance both in France and Lebanon. The Islamic insurance companies aim at working in these two countries whereas the contracts law as much as the enterprises law is dominated by the idea of secularism. Can we practice an activity mainly ruled by religious principles in countries where the substantive law is secular? Is the Takaful policy an insurance policy like any other conventional policy insurance? And are the Takaful companies insurance companies at the same level of all other conventional insurance companies? Indeed, the elements that are the basics of the conventional insurance contract are found in the Takaful policy, meaning the risk, the premium and the insurance benefit. These two contracts cover the similar risks, except for the objects and events considered as Haram and prohibited by Islam. As for the insurance companies Takaful, they are allowed to have the same form as any other conventional insurance society. Yet, their functioning is different from the abovementioned, due to their structuring into two distinct funds in addition to an operational mode appropriate to their needs. The audit made in conformity with the Islamic sharia imprints the Takaful insurance companies and strongly distinguishes them from the conventional insurance companies. Without any doubt, the idea rotates around how the substantive law accepts them. However, the concept of Takaful should be overcome
Ashwin, Salem. "L'égalité dans l'application des peines en droit pénal musulman". Perpignan, 2006. http://www.theses.fr/2006PERP0661.
Testo completoAs its title, this PhD thesis brings to the reader important information on the principle of equality envisaged in the application of the penalty in Moslem's criminal law. After a rapid historic of the conditions for the application of the penaltys in certain old legislations laws, the thesis treats in its first step the principle of equality in Moslem law. There is a question of the principle of penal equality in Sharia and of the principle as of the individualization of the penaltys. In the second step, this thesis treats a relative study of the principle of equality in the application of thepenaltys in Sharia. There is a question of the penalty and the divisions, of the application of the principle of equal conditions of the social, legal status
Akash, Shaban. "La protection pénale du droit à la vie avant la naissance : entre la loi libyenne et la Charia". Perpignan, 2005. http://www.theses.fr/2005PERP0591.
Testo completoThis question is quite far reaching as regards criminal law: not only does the analysis lie in the criminal aspect but it reaches the jurisdictions monitoring medical responsibilities. Physicians need to know what law allows and forbids on the subject, and this will constitude a central theme in the comparative study. The study shows the deep legal gap surrounding the embryo, and goes beyond any geographic context to become a topic affecting mankind as a whole. We have divided the thesis into three parts of three chapters each. In the first part,we give a tentative definition of a number of words used all along the analysis. Then,we tackle the wide ranging question of how to define when human life begins and what is the juristic persona lity of the embryo. In the second part,we try to define the notion of abortion and how it connects with. Nei ghbouring notions;thus analysing how it is justified,what effects there are and how it relates to contraception. Then,we dealwith authorised or justified abortion ,punishable abortion , the elements of offence and the sentences applied. We have detailed some important questions:attempt;criminal participation,impossible offence ,abortion by omission and finally ,abortion and test-tube babies. In the third part,we try to assess criminal protection as it is and as it should be, by reviewing its present context,efficiency and shortcomings. We suggest severaltexts likely to fill the gaps and correct the weaknesses we have observed whenanalysing legal texts
Chabi, Driss. "Les relations franco-marocaines de droit international privé depuis la la loi du 11 juillet 1975 sur le divorce". Université Robert Schuman (Strasbourg) (1971-2008), 1987. http://www.theses.fr/1987STR30020.
Testo completoThe problems of coordination between the moroccan and french systems of private international law come as a result of the differences existing between their legislations concerning the personal status on the right of the family. In the case of the moroccan law the issues of personal law status stand in solidarity with religious rules that prohibit the mariage of a Moslem woman to a non-moslem man, the ignorance of natural children, and the free union. Also for religious consideration these rules ignore the adoption of children. In the french law the wives are treated equally like men in the case of mariage, and divorce. This egality includes also the natural and the adopted children. These difficulties provoque many problems and conflicts between the two kinds of law. The french-moroccan relations will face a difficult test when the french law of the 11 july 1975 apply the french rules on all foreign marrierd couples residant in France. For coordinating between their laws Morocco and France signed on 10 august 1981 a convention concerning the status of individuals and the family and juridical cooperation. The issues being considered in these rules are the state, the capacity, the mariage and the divorce and the keeping of children. In these new rules, they favorise the application of national rule in order to conserve fondamental principals of their national identity. This respect of personal status leads naturally to minimize the exigence of the public rule. The convention establishes in the other hand a system of juridical cooperation in order to facilitate and to assure exercising the right of guardien, visit and the payment of alimentary pensions
Bouchareb-Cassar, Hafida. "La confrontation de la dissolution du lien conjugal et ses effets entre les Etats magrébins et les etats européens francophones (france et Belgique)". Paris 8, 2008. http://www.theses.fr/2008PA082996.
Testo completoThe purpose of this thesis is to study the dissolution of a marriage tie between North African states and European French speaking states, and what this dissolution means in term of confrontation on both sides concerning the juridic systems european and islamic. The difficulties of coordination between the islamic way of life and the international law are the result of divergence relating with personal status and family right. In the islamic law, personal status and religious faith are closely interlinked. Moroccan nationals who step up house in an european country are confronted with the law of the Maghreb and the law of the country witch welcomes them. Mixed marriages and in particularly in a case of repudiations are a sphere where european nations and some muslim nations don’t see things in the same way. One has to emphasize that these problems have been enduring for over tweenty years. A great numbers of Morocans lives in Belgium which leads to difficulties if their marriages have to be dissolved. Over these difficulties problems of laws conflicts are added. This study have tried to show the characteristics of these systems and the different way to solve the consequences of the divorce or of the repudiation. The presence of an immigrated community of personal muslim status and the encounter of the juridic european system with this phenomenon set the acute issue of the harmonization of two juridics systems deeply different. This can be described as a “conflict of civilisations”. This allows a broad view of the subject
Oualaiz, Hanane. "L'évolution du statut personnel de la femme au Maroc : entre la loi de Dieu et les droits de l'homme". Thesis, Montpellier 1, 2014. http://www.theses.fr/2014MON10034.
Testo completoThe evolution of the personal status of the woman in Morocco knew these last years an important evolution, indeed, in 2004 a code of the family was adopted and replaces the moudawana old. Substantial innovations were adopted dedicating the principle of equity between the man and the woman. So, the age of the marriage was fixed to 18 years for both sexes, the rule of the obedience of the wife to her husband is abandoned, the abandonment of the guardianship, indeed, in the new texts, the woman needs no more guardian ( wali ) to get married, the polygamy, was made also almost impossible, placed under a strict judicial review for exceptional situations, she implies(involves) the agreement of the first wife. The divorce is a law recognized by both spouses under the judicial review For exceptional situations, she implies the agreement of the first wife. The divorce is a law recognized by both spouses under the judicial review. The new code of the family came to restore the balance with in the family. This reform of the right of the family for Morocco was elaborated at the instigation of King Mohamed VI with the concern(marigold) to conform to the international treaties signed by Morocco, in the respect for the Moroccan cultural traditions based(established) on the right Muslim. Nevertheless, Morocco is not the only Country to have reformed its law of the family, Algeria (in 2005) and Egypt (in 2000) also proceeded to the reform of their law of the family but to a lesser extent that Morocco. That is why, the study of the Moroccan personal status will be approached first of all because he constitutes the example of a legislation which incorporated rules of the traditional doctrine into a modern envelope
Smaoui, Mourad. "La théorie des finalités générales de Muhammad al-Tahir Ibn Ashur : une contribution à une téléologie de la loi musulmane". Paris, EHESS, 2003. http://www.theses.fr/2003EHES0026.
Testo completoThis study interprets and analyzes Muhammad al-Tahir Ibn Ashur (d. 1973) theory of the general aims of the muslim law. It consists of three parts. The first one presents the biography of the author, his anchorage in the tunisian religious institutions and an introduction into the history of the jurists' debate, starting in the twelfth century, on the ends underlying the normative muslim system. The central part, devoted to the theory of the general aims, consists in a translation that interprets the terminology of the author and his thought. The third part presents the elements that determine this theory. The theory of Ibn Ashur constitues an internal reform of the muslim legal thought, intended to generate a system of law production in the seervice of a social reform program. Ibn Ashur theory is a distinguished contribution to the efforts of adapting the muslim law to the conditions of modern life
Zeidan, Zeina. "Analyse de la place des sukuk en droit français". Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020027.
Testo completoThe sukuk are deemed to be a sui generis type of securities, because they supposedly represent a right of ownership on the underlying asset in the interest of their holders. This right of ownership is transmitted through the structuring of the sukuk that allows the junction between its constitutive contracts. However, the classic Islamic law defined the term ownership as the right of use of an asset that entitles the owner for its civil fruits. In addition, the AAOIFI standard 17 does not give the owner a right of disposal of the asset ratio that his securities represent. It also stipulates, that the underlying asset remains attached to the sukuk until the end of the operation. This highlights the collateral role fulfilled by the ownership right of the sukuk holders.Pursuant to the sukuk issue contract, all of the sukuk owners have a personal right against the issuer for the payment of the asset income, held and managed by the latter in their interest. Besides that, asset-backed sukuk which underlying asset is held by the issuer grant their holders a right to the asset performance income during the operation, as well as its proceeds at the sukuk maturity if applicable. Therefore, the sukuk have the bonds’ features as they are defined by the French legislative and case law. Consequently, the sukuk can be issued in France under the bonds’ form and regime either on the domestic or international level, if applicable
Colombet, Hélène. "L'obligation d'information sur les règles de droit". Thesis, Saint-Etienne, 2015. http://www.theses.fr/2015STETT120.
Testo completoThe knowledge of the rules of the law appears to be equally imperative and challenging. The rules of the law are created for the benefit of members of the society. Their vocation is to be spread across the social sphere in order to reach their recipients, the citizens. However the acquisition of this knowledge is proving testing due to its complexity, inconsistency and abundance, yet, all should be aware of the law. The necessity to ensure access to the law and the effectiveness of the rules, has Iead to the development of the obligation of information on the rules of the law. This proposal has for effect to enable a persan "the debtor" to inform another "the creditor" of the informations regarding the rules of the law in effect. These are known as "push informations" which are supplied to anyone without being requested. This obligation of information is a way to ensure the protection of people in a position of weakness, it also provides guidance regarding the legal environment. lt is essential in order to exercise sound judgment to ensure the welfare of the persan.This thesis proposes to analyse the obligation of information on the rules of the law. lt will expose its singularity and organisation. On a wider scale, the study calls on the connection between the rules of law and the citizen. The focus is on the investigation of the reasons the authorities consider, the ever expanding knowledge of the rules, essential. Thereby, it is the opportunity to ponder the conditions of implementing the rules of the law, and more specifically, the role played by the knowledge of the rules in their implementation
Kassar, Lana. "L'égalité dans le divorce : étude comparative entre le droit français et le droit libanais". Thesis, Strasbourg, 2015. http://www.theses.fr/2015STRAA010/document.
Testo completoEquality and justice are necessary in the family for their safeguard the fundamental of women men, children at the same as individuals and components of a family. Legal literature acknowledge that the divorce, a very old institution that tends to break severely the marriage bond, is closely related to the dominant ideology and political variations of the considered countries.The history of divorce in France was marked by successive stages of development : prohibition and restoration. Once admitted it allows to discover that the legislative fundamental choice revolves upon two ideas: diversifying divorce cases so we can find a solution for the plurality of crisis situation, dramatize divorce by encouraging spouses to agree on its consequences. ln Lebanon divorce is permissible for Muslims. To the extent that the personal statutes system is religiously inspired and based on the Koran. The right to divorce was not subject to development. The question that arises is that of evolution.The comparative study of both French and Lebanese law systems has made us that equality in marriage in France was a concern for the French legislature. To achieve equality in the subject of divorce. However, we will see this equality within the family in Lebanon is far being implemented
Khiter, Samia. "L’appréhension du fait religieux dans les Constitutions arabes : Du Maghreb au Proche-orient". Thesis, Lille 2, 2011. http://www.theses.fr/2011LIL20016.
Testo completoThe dispute in the Arab world on the relationship between constitutional rights and freedom of religion has become increasingly passionate and virulent. Moreover, the relationship between these two positions is simultaneously a source of unification and conflict. To understand the logic of basing constitutionalisation on religious beliefs, this analysis seeks, firstly, to examine the Islamic judicial system, the objective being to substantiate the existence of Islamic constitutional theory; and to demonstrate the uncertainties that flow from its use in most Arab constitutional systems. The respective judicial concepts of each Arab state have a direct impact on both the protection of the fundamental human liberties and the structure and organisation of states. To the degree that governments propagate the concept of the rule of law, they appear to fail in fostering individual liberties, especially freedom of religion. Additionally, the scope given to the religious person at the core of constitutional texts in such that the very institution of fundamental liberties is hampered. Secondly, it is important to state the reasons for the uncertainties in Arab constitutional systems and their resulting impact. Emphasis is, therefore, given to two contradictory movements: on the one hand the progressive secularisation of law in reinforcing constitutional justice and the awakening of civil society; and on the other the persistent ambiguity on the relationship between constitutional rights and freedom of religion. Ultimately these developments lay the foundation to understanding the current judicial and political environment. At the time of the Arab Spring these two positions, constitution and religion, form the basis of a necessary and obvious dialogue: these uprisings have not led to the consecration of secular states, and the scope of the religious person has been maintained and perhaps even strengthened
Sohbi, Sabrina I. "Penser la loi en Egypte et en Syrie entre la fin de l'époque mamelouke et le début de l'époque ottomane (XVe-XVIe s.)". Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM3012.
Testo completoThis study aims to analyze the characteristics of the legal thought of several significant authors at the end of the Mameluke era and the beginning of the Ottoman period in Egypt and Syria. The study considers the author’s original and critical position toward their peers, simultaneously with their almost harmonious integration in the scholars’ realm. It spotlights their singularity, and the way they adapt it to the legal tradition or, on the contrary, their oppositions to the specific developments among the scholars and the laypeople. A comprehensive examination of the historical and biographical sources, which retraces the major features of the political-juridical context, forms the departure point of this survey. The main part of this research is based on a comparative analysis of the texts of authors, among whom Zakariyyā al-Anṣārī, Ǧalāl al-Dīn al-Suyūṭī, Ibn Maymūn al-Fāsī and ʿAbd al-Wahhāb al-Šaʿrānī distinguish themselves the most. The main topics selected through their works shed some light on different juridical tendencies in that epoch, and throw into relief the existence of interrogations concerning ‘‘Islamic law’’ that are more timeless. Consequently, this study explores questions about the definition of šarīʿa, its inner dimension and the relation of those scholars to the revealed Law
Rouholamini, Shiva. "Crimes et châtiments. La pratique de qesâs en Iran sous la République islamique : État, société et punition". Thesis, Paris, EHESS, 2020. http://www.theses.fr/2020EHES0104.
Testo completoSince 1979 and the installment of the Islamic Republic in Iran, the penal code has been modified, based on religious justifications, as to incorporate the use of qesās (talion law) in cases of physical aggression. According to this principle, the punishment in those cases should be equal to the damage done to the victim, and can only be executed if the victim, or their family, demand it explicitly. This means that the charge of the punishment falls on the victims. Alongside the official legal procedure, between the moment of the pronunciation of the sentence and that of its execution, a phase of negotiation occurs, which involves the family of the victim and that of the culprit. By leaving the choice and the decision to private parties, the state-owned monopoly of the legitimate use of violence is marred. Our study asks what the interest of the state could be in making the choice of upholding qesās as a legal principle. We test the hypothesis suggesting that the practice of qesās is used by the Islamic Republic as a way to help it legitimize its power as a strategy which is in accordance with its logic of favouring affect over reason; and that the state’s penal choices are a strategy to control the civil society, to enforce its power and to repress all opposition, despite the negotiation phase that might seem like a free space of action left to the civil society.The dynamics among the individuals, the society, the government, and the justice, seen through behaviours, rituals and laws help us see how the interactions between the society and the state functions. Our study analyses the actions of the Islamic Republic and those of the society by reviewing the treatment of physical aggression cases by actors inside and outside the penal justice system. This study uses a series of interviews with people involved in judicial procedures; and an analysis of public discourses of official institutions, political personalities and media figures about qesās, as well as the observation of a series of cases during the last two decades. This empirical investigation focuses notably on the informal, yet crucial negotiation phase. We chose to treat the practice of qesās as a total social fact, and reveal the distinctive characteristics of its practice in order to test and show what the functions fulfilled by the Islamic Republic as the state are, and what the areas of influence occupied by the society are. In this study, we see how the definition of citizenship, and the direct relationship of citizens with the state are transformed in favour of a status that is only defined by its link to a restricted kinship group. By analysing the actions and reactions of the society to the practice of qesās, we learn about its moral questionings, its thoughts on its rights and standing, as well as the form of its attempts of collective action. We’ll also see how the justice system participates in creating an atmosphere of insecurity and instability, depriving the society from an equalitarian justice.
Jafari, Amin. "Essai compare sur la protection des valeurs dans les banques islamiques et conventionnelles : une protection juridique et financière des valeurs dans les banques contemporaines". Thesis, Paris 10, 2013. http://www.theses.fr/2013PA100174.
Testo completoThis thesis aims to show that the values in a given society are strongly protected by the mechanisms of law (both criminal and civil law). The protected values are those basies in banking - financial system. Given the fact that there are two major banking systems: Islamic and conventional, the significance of this research is to show that, firstly, values can protect themselves by transforming into other values / concepts (notion - principe) or by becoming structure in the banking system. Secondly, it is assumed that the protection of the values in another system would be different. Also, the theory of transformation in both levels of the existence of the values and their protection is demonstrated. In criminal banking law or in "non - criminal" banking law, the protection may be different from that of classical criminal law. The particularity of this field is variable trends of regulation to penalization and vice versa: deregulation to decriminalization. Therefore, through this study, the possibility of a movement will be discussed in respect to the transformation theory framework. The trend of movement is observed in the protection of values. Protection of values and the movement of protection, could be achieved at two levels: structural protection of values and operational protection of values. The use of the criminal in the protection phase depends on the system that value is linked. Alternatives (called extra-penal mechanisms) in criminal protection in both operational and structural steps exist; however, in modern finance, new concepts of corporate governance, ethical finance, etc. are in the center of attention. Largely because, theses concepts could protect values without interference of criminal law. In Overall, this thesis intends to demonstrate that, even if the values are different, by the effect of globalization, their protections (including criminal protection) are in a way of harmonization; it seems that convergence is beginning to build. But what is the role of criminal law in the modern banking life?
Bouchareb, Hafida A. L. "La confrontation de la dissolution du lien conjugal et ses effets entre les états maghrébins et les états européens francophones, France et Belgique". Doctoral thesis, Universite Libre de Bruxelles, 2008. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/210425.
Testo completoS’il est un domaine où se heurtent des visions difficilement conciliables entre l’Europe et certains pays musulmans, c’est bien celui du mariage mixte et particulièrement celui de la répudiation. Il faut souligner que le problème perdure depuis plus de vingt ans.
Toutefois un grand nombre de ressortissants Marocains réside en Belgique ce qui conduit inévitablement à ce que des problèmes liés à la dissolution de leur mariage se posent. A ces difficultés viennent s’ajouter les problèmes de conflits de lois. Cette étude a donc tenté de dégager les caractéristiques des différents systèmes étudiés et de montrer les divergences qu’ils comportent en terme de méthodes utilisées dans le règlement des conséquences du divorce ou de répudiation.
La présence d’une communauté immigrée de statut personnel musulman et la rencontre de l’ordre juridique européen avec ce phénomène, posent l’épineux problème de l’harmonisation de deux systèmes juridiques fondamentalement différents et a ainsi pu être qualifié de « conflit de civilisations ». Ce qui permet une vue globale du sujet.
Summary: The purpose of this thesis is to study the dissolution of a marriage tie between North African states and European French speaking states, and what this dissolution means in term of confrontation on both sides concerning the juridic systems european and islamic. The difficulties of coordination between the islamic way of life and the international law are the result of divergence relating with personal status and family right. In the islamic law, personal status and religious faith are closely interlinked. Moroccan nationals who step up house in an european country are confronted with the law of the Maghreb and the law of the country witch welcomes them.
Mixed marriages and in particularly in a case of repudiations are a sphere where european nations and some muslim nations don’t see things in the same way. One has to emphasize that these problems have been enduring for over tweenty years. A great numbers of Morocans lives in Belgium which leads to difficulties if their marriages have to be dissolved. Over these difficulties problems of laws conflicts are added. This study have tried to show the characteristics of these systems and the different way to solve the consequences of the divorce or of the repudiation. The presence of an immigrated community of personal muslim status and the encounter of the juridic european system with this phenomenon set the acute issue of the harmonization of two juridics systems deeply different. This can be described as a “conflict of civilisations”. This allows a broad view of the subject
Doctorat en droit
info:eu-repo/semantics/nonPublished
Al, Amer Munira. "L'égalité entre époux : étude comparative : Droits français, qatarien, saoudien et tunisien". Thesis, Strasbourg, 2019. http://www.theses.fr/2019STRAA015.
Testo completoThis comparative study proposes to analyze how equality between spouses in Saudi Arabia, France, Qatar, and Tunisia is apprehended at the time of marriage, during marriage and at the time of dissolution. Despite an overall agreement that presents in the affirmation of symmetrical equality between spouses on the theoretical level, the application of this principle is limited - to a different extent in different countries - by discriminatory provisions against wives, restricting their right to equal liberty and equal dignity
Khiter, Samia. "L’appréhension du fait religieux dans les Constitutions arabes : Du Maghreb au Proche-orient". Electronic Thesis or Diss., Lille 2, 2011. http://www.theses.fr/2011LIL20016.
Testo completoThe dispute in the Arab world on the relationship between constitutional rights and freedom of religion has become increasingly passionate and virulent. Moreover, the relationship between these two positions is simultaneously a source of unification and conflict. To understand the logic of basing constitutionalisation on religious beliefs, this analysis seeks, firstly, to examine the Islamic judicial system, the objective being to substantiate the existence of Islamic constitutional theory; and to demonstrate the uncertainties that flow from its use in most Arab constitutional systems. The respective judicial concepts of each Arab state have a direct impact on both the protection of the fundamental human liberties and the structure and organisation of states. To the degree that governments propagate the concept of the rule of law, they appear to fail in fostering individual liberties, especially freedom of religion. Additionally, the scope given to the religious person at the core of constitutional texts in such that the very institution of fundamental liberties is hampered. Secondly, it is important to state the reasons for the uncertainties in Arab constitutional systems and their resulting impact. Emphasis is, therefore, given to two contradictory movements: on the one hand the progressive secularisation of law in reinforcing constitutional justice and the awakening of civil society; and on the other the persistent ambiguity on the relationship between constitutional rights and freedom of religion. Ultimately these developments lay the foundation to understanding the current judicial and political environment. At the time of the Arab Spring these two positions, constitution and religion, form the basis of a necessary and obvious dialogue: these uprisings have not led to the consecration of secular states, and the scope of the religious person has been maintained and perhaps even strengthened