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1
Rosenhead, Jonathan. "Custom and Practice." Journal of the Operational Research Society 37, no. 4 (April 1986): 335–43. http://dx.doi.org/10.1057/jors.1986.61.
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2
Putra, Muhamad Restu Andhika Esa, and Ahmad Ruslan. "THE INFLUENCE OF THE PANDEMIC ON THE YASINAN TRADITION OF THE INDONESIAN SOCIETY." Alfuad: Jurnal Sosial Keagamaan 5, no. 2 (November 26, 2021): 18. http://dx.doi.org/10.31958/jsk.v5i2.4312.
Повний текст джерелаАнотація:
The Coronavirus pandemic has been running for over 1 year, subsequently, numerous customs and ropensities for the Indonesian public have changed. One of the changing local area customs is the yasinan custom, this practice is regularly held by Indonesian individuals one time each week. In this custom where individuals assemble and read Surah Yasin together, however this get-together practice is exceptionally opposing to be done as of now during the pandemic and when the PSBB was carried out. Along these lines, the creator is keen on directing this examination, determined to perceive how much impact the pandemic has on the yasinan custom and how individuals manage it and keep up with the practice
3
Pippard, John. "ECT custom and practice." Psychiatric Bulletin 12, no. 11 (November 1988): 473–75. http://dx.doi.org/10.1192/pb.12.11.473.
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4
Kalinowska-Wójcik, Agnieszka. "Zwyczaj jako kreator normy prawnej na przykładzie regulaminu Sejmu." Przegląd Prawa Konstytucyjnego 77, no. 1 (2024): 41–51. http://dx.doi.org/10.15804/ppk.2024.01.03.
Повний текст джерелаАнотація:
Parliamentary custom has been present in modern parliament since its inception. The functioning of the British or German parliament shows that customs can co-create or supplement parliamentary procedure. In the Polish parliament, customs also regulate a number of proceedings. The subject of this article is the custom found in the practice of the lower house of the Polish parliament – the Sejm. Examples of customs that have been transformed into norms of the Sejm’s rules of procedure despite their long practice are indicated and discussed. However, the analysis of these examples does not give a clear answer to the question of the reasons for turning custom into law. It shows the inconsistency and discretionary nature of the changes. It is also in vain to find purposefulness and consistency in the creation of norms on the basis of custom.
5
Novikova, Yuliya Gennad'evna. "Legal custom and universal practice in the Russian criminal proceedings." Юридические исследования, no. 4 (April 2021): 9–23. http://dx.doi.org/10.25136/2409-7136.2021.4.35160.
Повний текст джерелаАнотація:
The object of this research is the assemblage of social relations arising in the sphere of criminal justice in the course of eliminating legal gaps and contradictions. The subject of this research is the legal custom as one nontraditional sources of law for the Russian criminal proceeding, which is applied in the absence of norms consolidated in the normative legal acts, which are aimed at regulating the corresponding legal relations. Analysis is conducted on the essence of the concept of legal custom, means of formation, classification, and methods of application in criminal proceedings. Special attention is given to the methods of authorization of legal custom by the state, which may entail the recognition of this source of law as independent or transformation into another source of law. The main conclusions that also determine the scientific novelty of this research are as follows. 1. The system of Russia criminal procedure law is characterized by the development processes, which imply the formation and application of such an nontraditional source of law as legal custom. 2. Legal custom represents the rules not prohibited by law for performing procedural actions and making procedural decisions, which are translated into practice through repetition by the of the proceedings in the absence of the enforceable rule of law. 3. According to the method of formation, legal customs in criminal proceedings can be classified into dispositive (based on the voluntary will of the participants) and imperative (formed through tacit administrative influence). 4. Imperative legal customs are the negative phenomena of legal reality and cannot be attributed to the sources of law. 5. Authorization of legal custom as an independent source of law consists in its “tacit” approval by the government authorities. Textual consolidation of legal custom entails its transformation into a new form of law. 6. Universal practice is one of the characteristics of legal custom and a possible means for its legalization.
6
Yusof, Muhammad Yusri Salleh, and Mohd Anuar Ramli. "Local Wisdom of Tahlīl and Tunggu Kubur Practices in Death Custom among The Malays in Malaysia." UMRAN - International Journal of Islamic and Civilizational Studies 8, no. 2 (June 29, 2021): 39–48. http://dx.doi.org/10.11113/umran2021.8n2.396.
Повний текст джерелаАнотація:
Custom plays a significant role in any organised community as well as in the building of mutual harmony and avoiding conflicts. The establishment of a custom is the result from the interaction between the wisdom of the local intellectuals and its environment to meet the needs of the local community. The Malay community is a group that is rich with traditions, ranging from the birth customs, marriage and death. Basically, in the practice of the Malay customs there exists two polemics in which forms two opposing schools of thought. First is the fundamentalist that rejects most local customary practices. Second, is the traditionalist as they only accept the valid customs practised in society and reject invalid customs. These opposing views can be seen in various customary practices, for example in the death custom or ceremonies such as tahlīl (recital ceremony for the deceased), talqīn (recital for the deceased during burial), and tunggu kubur (grave waiting). Therefore, this study focuses on exploring the practice of tahlīl (recital ceremony for the dead) and tunggu kubur (grave waiting) through the concept of the local wisdom from the perspective of the principles of Islamic jurisprudence. To achieve these objectives, this study deploys an eclectic approach and interview method. The collected qualitative data were analysed thematically. The results of the study showed that there are elements of local wisdom behind these practices. In the Malay community, tahlīl (recital ceremony for the deceased) is a form of psychological and emotional support as well as a communal approach to the family of the deceased while the practice of tunggu kubur (grave waiting) is an approach to protect the burried corpses from thefts and mystical activities. Therefore, the local wisdom implied behind the practices are valid and hence, included in the category of accepted customary practices.
7
Bedriy, M. "Law and custom: the issue of correlation and interaction." Uzhhorod National University Herald. Series: Law 1, no. 72 (November 16, 2022): 11–17. http://dx.doi.org/10.24144/2307-3322.2022.72.2.
Повний текст джерелаАнотація:
The article is devoted to the scientific problem of the relationship and interaction of law and custom, which are important regulators of social relations. The main approaches to understanding the concept of law are highlighted. Emphasis is placed on the pluralism of law understanding and the diversity of phenomena, as outlined by the term law. The identification of law with the will of the state is called into question. The concept of custom and its types are analyzed. Legal customs constitute the content of customary law as a phenomenon of social reality. The network of legally relevant customs is closely interwoven with a complex of customs without legal relevance, since each such custom can acquire the mentioned relevance, as well as lose it depending on changing historical conditions.
Legal custom is characterized as a link connecting the phenomena of law and custom. The impossibility of an unambiguous definition of the concept of legal custom due to the absence of a unified concept of law in jurisprudence is explained. At the same time, the definition of legal custom in the most general sense is proposed as a general rule of conduct established in practice and corresponding to law (or a set of such rules), which has actual legal validity and public recognition. The correlation between legal custom and other customs of society (religious, ethical, household, etc.) is researched. Legal customs are customs that regulate the most important social relations.
The influence of custom on law is clarified. Customs and customary law formed an important basis for the first codifications. In the future, legal customs were the first to fill the regulatory niche of new legal relations that the legislation did not have time to regulate. Adopting a new law or other normative legal act, the public authorities of even modern states usually try to establish such regulation of legal relations that would correspond to the existing practice at that time, except for cases when it is harmful or inappropriate. The impact of law on custom is analyzed, because the state is able to influence the evolution of established patterns of behavior in society through the use of other legal means. Changes in legislation that do not correspond to the customs of society may be ineffective or even lead to social resistance. Innovations of the legislator, which do not correspond to customs, can gain success and general recognition, provided that they are in harmony with the needs of society.
8
Upadhyay, K. N. "Bride Price Tradition around the Globe and its Effect on Trafficking for the Purpose Of Marriage." Courier of Kutafin Moscow State Law University (MSAL)), no. 1 (April 7, 2022): 44–56. http://dx.doi.org/10.17803/2311-5998.2022.89.1.044-056.
Повний текст джерелаАнотація:
Every phenomenon or custom has a societal history attached to it, how it develops, how it becomes suitable to people in universal and why it continues even now. There are various traditions and customs, which thwart people from realizing that bride trafficking, is a crime. History speaks about various instances of traditions and customs which are similar to the crime of bride trafficking but because they are time immoral they have got certain level of acceptance by different societies. The custom, traditions and usages bring acceptability to any practice even per se the practice is illegal and same we can find in case of Bride price tradition.
9
Payyappilly, Ignatius. "Mapping Dowry Exchanges: Snapshots of Nineteenth Century Palm Leaves." Artha - Journal of Social Sciences 11, no. 2 (July 13, 2012): 15. http://dx.doi.org/10.12724/ajss.21.2.
Повний текст джерелаАнотація:
The Palm leave records of the Syrian Christian communities in Kerala, belonging to eighteenth and nineteenth century, remain as evidences of the practice of dowry (Stridhanam) among the Syrian Christians and donations such as passaram, nadavazhakkam, kurippanam, kudappanam etc made to the churches and priests in relation to the marriage. Records say that this social custom, also known as Stridhanam was a crucial point of marriage and it was very often a matter of dispute and family problems. In spite of all disputes and difficulties existed in the Syrian Christian families and in the society at large because of this custom, no church record could be traced against this system. This paper is an attempt to explore and analyse the nature and practice of this social custom among Syrian Christians in the nineteenth century, who are Christian in faith and religion but are not different from the Hindus in their social customs and practices. Likewise, this paper is an attempt to analyse the social and cultural impacts of dowry (stridhanam) and the attitude of the society as well as that of Church authorities towards this custom and how did they tax the people in connection with the marriage.
Keywords: Dowry; stridhanam; syrian christians; passaram; nadavazhakkam; palm leave records; christian marriage
10
Lada, Alexey Sergeevich. "Legal custom, custom and judicial practice in labor law: correlation issues." Право и государство: теория и практика, no. 1 (2022): 308–11. http://dx.doi.org/10.47643/1815-1337_2022_1_308.
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11
Guliyev, Khagani. "Local Custom in International Law." International Community Law Review 19, no. 1 (March 1, 2017): 47–67. http://dx.doi.org/10.1163/18719732-12341347.
Повний текст джерелаАнотація:
The present paper examines the particular difficulties observed in the formation, identification and continuity of local custom in the light of the interaction that exists between it and two main sources of international law: general custom and treaty. The article firstly argues that, although local custom presents certain features and faces specific difficulties that distinguishes it from both general custom and treaty, it generally follows the “custom logic” in its formation and identification, as both local and general customs are made from the same “ingredients”: practice and opinio juris. However, the situation is different when it comes to the continuity of an existing local customary rule. The article shows that the succession of States may call into question the continuity of local custom which operates as a treaty in case of State succession, following the “treaty logic” rather than the “custom logic”.
12
Azhari, Doni. "Prosesi Adat (Merariq) dalam Kacamata Hukum Pidana di Masyarakat Lombok Tengah (Studi Kasus di Kelurahan Gerantung Praya Tengah Kabupaten Lombok Tengah NTB)." Al-Jinayah Jurnal Hukum Pidana Islam 9, no. 1 (June 30, 2023): 1–12. http://dx.doi.org/10.15642/aj.2023.9.1.1-12.
Повний текст джерелаАнотація:
This article discusses the criminal aspects in the procession of traditional ceremonies (merariq) of the Central Lombok community (Case Study in Gerantung Village, Central Praya, Central Lombok, NTB). The main challenge of this research is to identify the criminal elements in the procession of merariq customs of the Central Lombok community. For this reason, using an empirical study approach, this researcher collected data through interviews with traditional leaders, community leaders, and authorities. This study concludes that the custom of merariq for the people of Gerantung Village does not conflict with existing customs, even in practice the community will commit criminal acts if they violate customs and state regulations, one of which is Articles 330 and 332 of the merariq custom which have rules that are in line with the practice and enforcement of law in the Merariq tradition.
13
Bedrii, Marian. "Legal custom and other rules established by practice: issues of correlation." ScienceRise: Juridical Science, no. 3(25) (September 13, 2023): 11–17. http://dx.doi.org/10.15587/2523-4153.2023.285398.
Повний текст джерелаАнотація:
The article is devoted to the issues of the comparison between legal custom and other rules, formed by practice. In particular, the correlation of legal custom with the practice of state authorities, legal precedent and personal business practice is considered. Identifying the relationships between them makes it possible to understand the meaning of the corresponding phenomena. Differences in the legal nature of the mentioned phenomena cause the fact that some are sources of law, while others are not. The acquisition or loss of certain parameters (features) can lead to the transition (transformation) of one phenomenon into another with corresponding consequences.
It is explained, that the practice of state authorities is not an independent form of law, but can create such forms - legal custom, legal precedent, etc. It can also create quasi-legal phenomena – agreements between governing subjects, clerk habits, etc. The criteria for distinguishing between legal custom and legal precedent are defined: subjects, the nature of law-making practice, the intensity of such practice, the justification of validity and content, the level of certainty and formalization, as well as the scope of legal action. A legal custom is a general social practice, which consists in repeating certain actions several times or refraining from them by a wide range of subjects. Instead, legal precedent is formed by the special practice of the competent authority in the course of law enforcement, which is most often expressed in a specific judicial or administrative decision.
It has been found, that business practice is able to create two basic types of rules for contracting parties – legal customs and rules of personal business practice. The first of them are characterized by generality and in terms of legal consequences are equated to the norms, contained in the legislation. Instead, the latter bind only specific counterparties, and therefore are equivalent to the terms of the contract, concluded between them. The use of the term "custom" to delineate the rules, formed by personal business practice, is not only contrary to its nature, but also creates a terminological imbalance in law of obligations
14
Masburiyah, Masburiyah, and Muhammad Ismail. "The values of the Indigenous Religiosity and Culture in the village Bedaro." Kontekstualita 34, no. 02 (December 12, 2019): 11–30. http://dx.doi.org/10.30631/34.2.11-30.
Повний текст джерелаАнотація:
This study aims to determine the uniqueness of a custom and Regiliusity or religious practices carried out by the Bedaro community. This research uses qualitative research methods with a phenomenalogic approach. The results showed that: 1) The factors causing the benefit and loss of some of the unique marriage customs that are commonly carried out in Bedaro Village are customs that are usually done just missed, without any comments, responses from the community, traditional leaders, religious leaders, youth, village governments and so on. 2) The factors causing the revival of unique marriage customs as well as making changes in the marriage customs in Bedaro Village are because they see the situation and conditions of the Bedaro community due to the rise of early marriage, divorce, and the people who are going to get married cannot read the Quran. 3) The unique forms of Islamic practice found in Bedaro village, and its implications for the local community, namely wirid after Friday prayers, verses about the doom of the tomb, nasid verses, grave pilgrimages on the day of Eid, making ashura porridge, qadha prayers, ulur antar bajawek. This shows that custom should follow sharia, not the other way around. A religious figure who carries out a practice should be based on sources both from the Quran and hadith, not based on traditions or cultures that have been valid for generations.
15
Kirgis, Frederic L. "Custom on a Sliding Scale." American Journal of International Law 81, no. 1 (January 1987): 146–51. http://dx.doi.org/10.2307/2202144.
Повний текст джерелаАнотація:
Every student who has ever taken a traditional international law course has learned Manley Hudson’s four elements for the emergence of a rule of customary international law: (a)concordant practice by a number of States with reference to a type of situation falling within the domain of international relations;(b)continuation or repetition of the practice over a considerable period of time;(c)conception that the practice is required by, or consistent with, prevailing international law; and(d)general acquiescence in the practice by other States.
16
Henderson, Duane. "VI. Law, Custom, and Medieval Judges." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Kanonistische Abteilung 101, no. 1 (August 1, 2015): 217–57. http://dx.doi.org/10.7767/zrgka-2015-0109.
Повний текст джерелаАнотація:
Abstract The paper studies the practice of judging marital separation cases in the ecclesiastical court of Freising in the second half of the fifteenth century. The first chapter outlines the legal position for separating marriages from bed and board as practiced in the later Middle Ages, locating the practice between canon law, the communis opinio of legal scholars and regional traditions. Using the extensive documentation of the act books of the court in Freising, the paper then systematically analyses separation processes and judgement patterns under two judges. The results reveal a number of similarities, but also distinct differences between the way the two judges treated separation cases, indicating the importance of the role of the individual judge as a variable between the ius commune and regional legal traditions.
17
Suyanta, Sri, and Chairan M. Nur. "REVITALIZATION OF ACEH CUSTOMS IN FORMAL EDUCATIONAL INSTITUTIONS." Ar-Raniry, International Journal of Islamic Studies 3, no. 1 (June 30, 2016): 1. http://dx.doi.org/10.20859/jar.v3i1.74.
Повний текст джерелаАнотація:
<div><p>The study aims to strengthen the role of school in transforming Aceh customs. Schools as an official formal education institution, dealing with two issues namely their feelings cannot be ignored between customs and culture is a case that should be maintained continuously, and schools have to collide with system reining the power of cruising and creativity of education institutions in developing the value of custom. In addition, schools have a desire to interpret Aceh customary by themselves. Those things are done in two issues; First, the lack of teacher understanding customs well and perfectly. Secondly, low supported funding supporting every work in revitalization of custom. The study found that revitalization and strategy in developing in formal schools are undergone by two ways; theory and practice. Theoretically, schools include custom materials through several lessons. Then practically, schools encourage students’ creativity in many ways, both in school activities internally and externally.</p></div>
18
de Ruysscher, Dave. "Conceptualizing Lex Mercatoria: Malynes, Schmitthoff and Goldman compared." Maastricht Journal of European and Comparative Law 27, no. 4 (August 2020): 465–83. http://dx.doi.org/10.1177/1023263x20938247.
Повний текст джерелаАнотація:
This article compares the doctrines on transnational commercial customs in Malynes’ Lex Mercatoria (1622) and in the writings of Clive M. Schmitthoff and Berthold Goldman. It is argued that core problems in conceptualizations of lex mercatoria are present in all these texts. Malynes unsuccessfully attempted to reconcile a new approach of considering law merchant as ius gentium on the one hand, with a tradition of particular customs of trade on the other. All three authors mentioned struggled when explaining how custom emerges from contracts or practice. Malynes, Schmitthoff and Goldman tried to apply existing notions (usage, custom) in order to do so, often referring to historical arguments, but they could not bridge the fundamental differences existing between customs of trade and ius gentium. As a result, all three authors failed in putting forward a workable theory of lex mercatoria. Non-matching legal views on international business practices were cut and pasted together, as it were, and new theories on lex mercatoria would do well not to replicate this approach.
19
Azharuddin, Azharuddin. "PELAKSANAAN ADAT BARALLEK SEBELUM AKAD NIKAH TINJAUAN HUKUM ISLAM (Studi Kebiasaan Masyarakat Rantau Gedang Kabupaten Aceh Singkil)." Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial 8, no. 1 (September 13, 2022): 64–74. http://dx.doi.org/10.24952/el-qanuniy.v8i1.5880.
Повний текст джерелаАнотація:
Walimatul 'ursy which the people of Rantau Gedang call the barallek custom is always carried out when a marriage event occurs, which is unique in that the local community often carries out the barallek custom before the wedding. The purpose of this study is to analyze why the implementation of the barallek custom before the marriage contract is often carried out by the people of Rantau Gedang. This research is an empirical juridical research, because this research looks at the rule of law with practices that occur in the field, while the legal approach used is a legal anthropological approach because this problem is analyzed based on 'urf in Islamic law. The results showed that the traditional practice of barallek in the Rantau Gedang community occurred after carrying out the marriage contract and before carrying out the marriage contract, this first practice usually has a gap between the marriage contract and the barallek custom which sometimes takes weeks and months. The second practice is carried out by the barallek custom first, then after the culmination of the barallek tradition is completed, the marriage contract is carried out. According to Islamic law, the practice of barallek custom before the marriage contract is carried out is in accordance with 'urf sahih, because the purpose of carrying out the barallek custom before the marriage contract is so that the bride's marriage can be witnessed by all families and the general public, apart from that it is also to strengthen the relationship between the two large families. the bride and groom.
20
Hoffmann, Lord. "The Achilleas: Custom and Practice or Foreseeability?" Edinburgh Law Review 14, no. 1 (January 2010): 47–61. http://dx.doi.org/10.3366/e1364980909000900.
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21
Joh, Elizabeth E. "Custom, Tribal Court Practice, and Popular Justice." American Indian Law Review 25, no. 1 (2000): 117. http://dx.doi.org/10.2307/20070653.
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22
Husnul Hayana Daulay. "Pre-Wedding Processes in Mandailing Traditional Perfective Uruf (Case Study of Padang Lawas Regency)." Jurnal Penelitian Agama 23, no. 2 (December 1, 2022): 231–46. http://dx.doi.org/10.24090/jpa.v23i2.2022.pp231-246.
Повний текст джерелаАнотація:
Every Marriage in the Mandailing custom is not only an inner birth bond between a man and a woman but there is a customary bond that has values that must be adhered to. Marriage, in the sense of customary engagement, is a marriage that has legal consequences for customary law, which applies in the society in question. The result of this law occurs, for example, in the presence of application relationships that are the taste of relatives (child relations, bachelors of daughters) and rasah tuha (relationships between the family of the future husband and wife).
Marriage in mandailing custom is something very sacred, every procession or practice in marriage is attached to traditional values, be it premarital processions such as mangaririt boru, padamos hata, patobang hata, and senior sere. Post-marriage processions such as, marulahari, mangupa-upa and so on, all this is inseparable from the customs that are still attached to the Mandailing customs. All the traditional practices of Mandailing are inseparable from the role of dalihan na tolu especially when it comes to marriage. The urf included in the Marriage Procession in the Mandailing custom is 'urf fasid which is a rule that is applicable and recognized by the community but contrary to Islamic law.
23
DeBartolo, David M. "Identifying International Organizations’ Contributions to Custom." AJIL Unbound 108 (2014): 174–78. http://dx.doi.org/10.1017/s2398772300002117.
Повний текст джерелаАнотація:
It is widely acknowledged that international organizations (IOs) indirectly affect customary international law by catalyzing and focusing State practice. But next year the International Law Commission and Michael Wood, its Special Rapporteur on the Identification of Customary International Law, are primed to address a more contentious issue: when and how IOs can directly contribute, like States, to custom.This past summer the Commission’s Drafting Committee provisionally adopted a draft conclusion stating that “[i]n certain cases, the practice of international organizations also contributes to the formation, or expression, of rules of customary international law.” Based on Wood’s Second Report dated May 2014, three topics merit particular attention in the year ahead: 1) distinguishing State practice from IO practice, 2) scrutinizing potentially relevant types of IO practice, and 3) considering types of cases in which such IO practice might contribute to custom. (While the Drafting Committee declined to include definitions in its draft conclusions, this article defines “IO” as Wood did in his Second Report: “an intergovernmental organization.”)
24
Zubaidah, Dwi Arini. "Penentuan Kesepadanan Pasangan Pernikahan Berdasarkan Perhitungan Weton." Volksgeist: Jurnal Ilmu Hukum dan Konstitusi 2, no. 2 (December 12, 2019): 207–23. http://dx.doi.org/10.24090/volksgeist.v2i2.2907.
Повний текст джерелаАнотація:
This article is intended to answer the factors of weton calculation practice in Ngaringan and sociological analysis of these practices. This article uses field research by observing, interviewing and documenting as well as using Max Weber's theory of social action. This article concludes that the concept of comparability already exists in the rules of Islamic law, positive law and customary law. Therefore, the existence of the traditional Weton calculation practiced by the Ngaringan Grobogan community in Central Java has several factors: first, adat and belief. The community preserves the calculation of weton as a custom originating from ancestors. Second, the form of preventive business. Third, a form of respect for both parents. The traditional Weton calculation practiced by the Ngaringan community is a social action in the traditional action category. The Ngaringan people still maintain the custom of Weton calculation even though the custom is not regulated in a written rule.
25
Grinko, S. D. "Implementing of customs for regulation of family and legal relations." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 102–6. http://dx.doi.org/10.24144/2307-3322.2021.65.18.
Повний текст джерелаАнотація:
The paper is dedicated to issues on influence of legal customs on the regulation of family law relations. There is stressed, that the customs are one of the significant tools of Family Law. Actually, a custom as a source of Family Law plays a subsidiary role in relation to Family Legislation. In Ukraine, significance of a legal custom as a source of law is due to the peculiarities of legal life and legal awareness of Ukrainian society that are determined by combination of some sides of spiritual culture. Historical essay on customs regulation of engagement demonstrates expanded implementing of customs and its potential impact on social relations. However, implementing of customs for regulation of family and legal relations is a natural attribute of national legal awareness, basis of forming of which is hidden in historical layers of culture and memory of the people. There is suggested to supplement the provisions of Art. 11 of Family Code of Ukraine with the link to the ability to use not only “local custom, and custom of national minority, members of which one of the sides or both sides are”, but “national (folk) customs”. Particular perspective orders for future research of implementing of customs as a source of family Law of Ukraine are indicated. Particularly, the issues of forming of current customs as regulators of family and legal relations, the ratio of legal customs as manifestations of “official” law and customs as “non-normative rules” (national customs, customs of national minorities, local customs) and the prevalence in court practice of customs or the use of references to their content to assess various circumstances of the case (for example, the use of customs and their observance in the context of assessing proper upbringing or misconduct in marriage) are indicated.
26
Hayadi, Hayadi. "MALEMAN TRADITION REVIVES THE NIGHT OF LAYLATUL QADR IN BILOK PETUNG VILLAGE." Journal al Irfani: Ilmu al Qur'an dan Tafsir 2, no. 01 (July 28, 2021): 40–49. http://dx.doi.org/10.51700/irfani.v2i01.231.
Повний текст джерелаАнотація:
This article will discuss “Maleman” tradition in Bilok Petung Village, Sembalun, East Lombok. “Maleman” tradition aims to liven up the night of Lailatul Qadar which is known as the night with a thousand glory in it. This article will explain how “Maleman” tradition is practiced based on religious texts and motivated by local custom and culture. Using the living hadis with stages of observation, interview, documentation, and interpretation, it can be concluded that; first, “Maleman” tradition is a practice based on normative arguments and historical reasons, second, the practice of “Maleman” is supported by the traditions inherent in the community, and third, “Maleman” tradition is a religious tradition and a form of harmonization between religion and cultural customs.
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Asanbekova, E., and S. Abdykadyrova. "Semantically Equivalent Representatives of the Concept “Custom/Adat” in Russian and Kyrgyz Languages." Bulletin of Science and Practice 10, no. 7 (July 15, 2024): 537–46. http://dx.doi.org/10.33619/2414-2948/104/65.
Повний текст джерелаАнотація:
This paper conducts a semantic study of the concept “custom/adat” and its representatives in the Russian and Kyrgyz languages. The conceptual content of the concept “custom/adat” is determined based on the study of relevant articles in explanatory, translated (bilingual), cultural, encyclopedic and other dictionaries. An analysis of Russian and Kyrgyz linguistic units denoting customs, rites, ceremonies and other elements of traditional practice of ethnic groups has been carried out. The study identifies the semantic dominant that organizes the functional-semantic field “custom”; in this regard, some central and peripheral nominees of the concept “custom” are identified and characterized on the basis of the lexicographic, literary, artistic, colloquial and folklore spaces of the two languages being compared. The unity and differences in the linguoethnocultural ideas of native speakers of the Russian and Kyrgyz languages about custom, its types and manifestations are shown, and explicit and implicit types of its nominees are identified. This work fills a small gap in the branches of linguistics that are actively developing in Kyrgyzstan — in cognitive linguistics, ethnolinguistics, linguoculturology, linguistic conceptology and the theory of intercultural communication.
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Pavlovich Anisimov, Aleksey, Anatoliy Jakovlevich Ryzhenkov, and Lyudmila Viktorovna Sokolskaya. "Role and significance of legal customs in national jurisdictions (in terms of the Russian Federation)." DIXI 24, no. 1 (December 24, 2021): 1–22. http://dx.doi.org/10.16925/2357-5891.2022.01.09.
Повний текст джерелаАнотація:
In the Russian legal science, there is an established opinion that today legal custom plays a secondary role in the system of sources of law, or even that it is a rudiment and is not required in regulation of social relations anyway. This position of scientists is explained by the fact that theories rejecting custom as a source of law were common in the ussr since the 1920s. There were numerous attempts to substantiate the impossibility and needlessness of its use in a socialist state. It was justified by the fact that custom is a “primitive” form of law that is not capable of efficiently regulating social relations and even hinders their development. Having studied the modern practice of application of customs in various branches of private and public law, the authors give reasons for the conclusion that the scope of legal customs still retains its significance in Russia. It is proved that the role of customs differs in respect of fields of private and public law, occupying an insignificant place within the latter. However, also in that case there is transformation of established ideas about legal customs, their position in the system of sources of law and the role in the system of legal regulation of social relations are revised. The authors of the article substantiate the need to preserve legal custom in the system of sources of law and propose measures to increase the efficiency of their use.
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Bettey, Joseph. "‘Ancient custom time out of mind’: copyhold tenure in the west country in the sixteenth and seventeenth centuries." Antiquaries Journal 89 (May 19, 2009): 307–22. http://dx.doi.org/10.1017/s0003581509000055.
Повний текст джерелаАнотація:
AbstractCopyhold tenure for a number of lives, regulated by manorial custom, was by far the most common form of landholding throughout much of the West Country during the sixteenth and seventeenth centuries, and was only gradually replaced by leaseholds for a term of years during the eighteenth century. Manorial custom, the body of local law and traditional usage, hallowed by long use and enforced in the manorial court, governed all aspects of farming practice, transfer of holdings, entry fines, rents, heriots, rules of cultivation, access to common grazing, wood, stone, fuel and the rights of widows. This paper uses examples from Wiltshire and Dorset to show the great variety of manorial customs, the effect these had on the lives of copyhold tenants and the problems which some long-established customs could cause for landowners.
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Ward (Hrsg.), Gerard R., and Elisabeth Kingdon (Hrsg.). "Land, Custom and Practice in the South Pacific." Verfassung in Recht und Übersee 32, no. 3 (1999): 410–13. http://dx.doi.org/10.5771/0506-7286-1999-3-410.
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Dominy, Michele D., R. Gerard Ward, and Elizabeth Kingdon. "Land, Custom and Practice in the South Pacific." Pacific Affairs 70, no. 3 (1997): 478. http://dx.doi.org/10.2307/2761073.
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Ogan, Eugene. "Land, Custom and Practice in the South Pacific." American Anthropologist 99, no. 2 (June 1997): 452–53. http://dx.doi.org/10.1525/aa.1997.99.2.452.
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Romashev, Yuriy, and Nikolai Ostroukhov. "Practice as a Basis of Forming International Custom." Law. Journal of the Higher School of Economics, no. 2 (June 10, 2017): 186–99. http://dx.doi.org/10.17323/2072-8166.2017.2.186.199.
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Butler, W. E. "Custom, treaty, state practice and the 1982 convention." Marine Policy 12, no. 3 (July 1988): 182–86. http://dx.doi.org/10.1016/0308-597x(88)90055-3.
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Fisher, Andrew D., and Gabrielle Fisher. "Evaluating performance of custom GPT in anesthesia practice." Journal of Clinical Anesthesia 93 (May 2024): 111371. http://dx.doi.org/10.1016/j.jclinane.2023.111371.
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Hussein, Dr Mohamed Ali. "Environmental product between need, custom and application." ALUSTATH JOURNAL FOR HUMAN AND SOCIAL SCIENCES 221, no. 2 (November 7, 2018): 369–86. http://dx.doi.org/10.36473/ujhss.v221i2.465.
Повний текст джерелаАнотація:
Address our marked with (Environmental product between need, Customs and application) to examine the concept of need and the custom of the product of environmental as well as the possibility of employment of the product of environmental products in a contemporary, has emerged as the importance of research needs and the basic needs of secondary school and its relation to custom and tradition. Find out the set of results, including
Basic needs and secondary schools are the foundation to create a product ecosystem
Affect religious practice largely on the nature of the constituent motifs and colors used in the product and then comes the environmental heritage and historical social custom then, according to the sequence
Possible to employ the product's environmental products developed using modern raw material after treatment with the same permanence to enable some to gain employment or visual appearance of materials in the products of materials in the products of modern environmental.
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Takim, Liyakat. "Custom as a Legal Principle of Legislation for Shi’i Law." Studies in Religion/Sciences Religieuses 47, no. 4 (October 17, 2018): 481–99. http://dx.doi.org/10.1177/0008429818787707.
Повний текст джерелаАнотація:
This paper will argue that the principle of a lacuna in Shi’i law can empower jurists to go beyond the traditional parameters of the shari’a. The principle allows for an expansion of Islamic law since jurists can legislate laws that have not been explicitly prohibited by textual sources. I will demonstrate that, in the past, Shi’i jurists often appealed to local customary practices in legislating laws that were absent in revelatory sources. This juridical practice is premised on the view that all reasonable beings accept and behave according to common norms and values. I will argue also that, based on the principle of the custom of reasonable people, jurists can deploy American social norms and customs as a source of new legislation. Such considerations can lead to a radically different formulation of diasporic jurisprudence.
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Jasam., Dr Sana Ahmad. "Existential presence and its relation to cultural alienation With high school teachers." ALUSTATH JOURNAL FOR HUMAN AND SOCIAL SCIENCES 221, no. 2 (September 1, 2017): 347–64. http://dx.doi.org/10.36473/ujhss.v221i2.440.
Повний текст джерелаАнотація:
Address our marked with (Environmental product between need, Customs and application) to examine the concept of need and the custom of the product of environmental as well as the possibility of employment of the product of environmental products in a contemporary, has emerged as the importance of research needs and the basic needs of secondary school and its relation to custom and tradition. Find out the set of results, including
Basic needs and secondary schools are the foundation to create a product ecosystem
Affect religious practice largely on the nature of the constituent motifs and colors used in the product and then comes the environmental heritage and historical social custom then, according to the sequence
3. Possible to employ the product's environmental products developed using modern raw material after treatment with the same permanence to enable some to gain employment or visual appearance of materials in the products of materials in the products of modern environmental
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Sani, Muhammad, and Abida Parveen. ""Sati" A Critical Analysis of Socio Religious Tradition imposed on Widows." Pakistan Journal of Applied Social Sciences 7, no. 1 (March 8, 2018): 21–40. http://dx.doi.org/10.46568/pjass.v7i1.477.
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Hinduism Tradition of Sati - burning of a wife on the fire after her husband's death. Its historical and critical review. The custom of Sati has gained a peculiar notoriety with reference to Hindu Society and Hinduism in the civilizations and cultural system of the world and in world religions. There is a fundamental importance of various customs and rituals in Hinduism. The customs and ceremonies of Hindu civilization, culture and their religious values and teachings the part of them. In these rituals, Sati is also a ritual which has been practiced from a long time, having the certification from religion in Hindu social system. It has been existing in the Hindu Civilization and social system for centuries. Widows, with the name of Sati, have been putting themselves on the pyres of husband in fire, after their death. This research based article is written after making a thorough study of the books of Hindu religion, its history, books and literature written on custom observing in society. It presents its reasons and causes of historical view, critically besides its historical background. It opens up the causes and reasons of this human's ritual from its start to practice and its evolution in the Hindu Social System. L
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Karimakwenda, Nyasha. "Deconstructing Characterizations of Rape, Marriage, and Custom in South Africa: Revisiting The Multi-Sectoral Campaign Against Ukuthwala." African Studies Review 63, no. 4 (March 20, 2020): 763–81. http://dx.doi.org/10.1017/asr.2019.93.
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AbstractA critique of multi-sectoral responses to the customary practice of ukuthwala (the isiXhosa term for abduction for purposes of marriage) in South Africa highlights attention to gendered tropes pertaining to marriage, custom, and sexual assault. Karimakwenda deconstructs how, in its inflexible framing of customary practice, the multi-sectoral campaign against violent forms of ukuthwala lacks historicization and silences women’s narratives. By obscuring historical and locally-embedded linkages between marriage practices and rape, the myopic campaign energizes collective anxieties around representations of violence within Black communities, and fuels misconceptions surrounding marital rape. This critique contributes to debates about gender, violence, and state power by offering a counter-narrative to simplified characterizations of sexual violence and custom.
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Gürcan, Bedrettin. "Application of Blockchain Technology to the International Trade and Customs Regulation." Central and Eastern European eDem and eGov Days 341 (March 17, 2022): 409–17. http://dx.doi.org/10.24989/ocg.v341.30.
Повний текст джерелаАнотація:
Blockchain is a technology, which has several advantages to be used in quite wide areas such as payment solutions to transportation. Using blockchain technology in international trade may have impressive promises and potentials.
In our research, we aim to discuss the potential and existing implementation of blockchain technology into international trade and customs practices. It is important to make comprehensive due diligence of the blockchain technology to determine which functions of the blockchain technology can be implemented in the international trade environment.
In this paper, we put forward to claim that blockchain can be implemented into customs procedures for faster and more secure trade. To understand underlying concept, first we will summary existing regulative framework of the international trade and customs and then the following of blockchain in brief, we illustrate potential ways to implement blockchain into custom procedures. We will use literature review and quantitative research in order to support our claim and analyse relevant international practice of using blockchain on customs.
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Perron, Anthony. "Scandal of the Church, Prison of the Soul." Historical Reflections/Réflexions Historiques 47, no. 3 (December 1, 2021): 20–38. http://dx.doi.org/10.3167/hrrh.2021.470303.
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This article explores “bad custom” (prava consuetudo) in Latin-Christian church law of the twelfth and thirteenth centuries. Drawing chiefly on papal decretal letters and the statutes of local and regional synods, it discusses the theoretical debates over bad custom, how customs came to be regarded as evil, and what prava consuetudo meant in practice. While many usages were labeled “bad,” especially troubling were those that threatened clerical status by implying lay claims to authority in the church, blurring the distinction between laity and clergy, or humiliating the professed religious. The article also asks whether legal concerns over such collective behavior that brought scandal upon the church may have been provoked by a moral discourse over prava consuetudo as sinful conduct endangering the individual soul.
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Dragiev, A. "Concept and Process of Formation of the Subjective Element of the Customary Rule (opinion juris) of International Law." Moscow Journal of International Law, no. 3 (October 29, 2023): 17–28. http://dx.doi.org/10.24833/0869-0049-2023-3-17-28.
Повний текст джерелаАнотація:
INTRODUCTION. Customary international law is the oldest source of International law and has been its main source for centuries. However, even in our time, the importance of custom in International law is preserved – besides and on par with international treaties; this is the other type of its legal norms. The main difference between the two kinds of norm is the unwritten form of custom, but customary and treaty norms have equal legal force.MATERIALS AND METHODS. The documentary basis of the study is international treaties and international customs, resolutions of the UN General Assembly, Statute of the International Court of Justice and its jurisprudence, reports of the International Law Association. The theoretical basis of the article is the works of scholars of international law. The methodological basis of the study is general and particular scientific methods of cognition.RESEARCH RESULTS. The research in the article leads to a conclusion that comprises a definition of international custom, and this is the formulation of it as applicable law in cases before the International Court of Justice: “international custom, as evidence of a general practice accepted as law” (Art. 38 (1) (b) of Statute of the Court). According to this definition, the customary legal rule contains two elements: objective, also material the practice of States, and subjective – the conviction of States that this practice is obligatory, i.e. law. It has been established in International law that the subjective element is termed by the Latin expression “opinio juris sive necessitates” (opinion of law or necessity), and most often the subjective element is briefly called only “opinio juris”. The research reveals as its result that by its nature opinio juris represents a conscious, intentional attitude towards State practice. The will of the State has external manifestations – the consent, acceptance, recognition and conviction of the State.DISCUSSION AND CONCLUSIONS. The main conclusions of the research relate to the question of the formation of opinio juris. This formation is a process that is integrated: it simultaneously forms the practice of States and the opinio juris towards it. Opinio juris does not have an autonomous stage or process of formation, nor is it formed only after the practice of the customary law rule has been completely formed. The conclusion from the integrated process is that each act of the relevant practice, which is the same as the previous one, but also as the next one, helps to form the belief that this is the only, and therefore obligatory, manner to perform the practice. Conversely, States' belief that a given practice is obligatory motivates them to perform only that practice.
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Yeini, Shelly Aviv. "The Specially-Affecting States Doctrine." American Journal of International Law 112, no. 2 (April 2018): 244–53. http://dx.doi.org/10.1017/ajil.2018.50.
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The orthodox view of the Specially-Affected States Doctrine (SASD), grounded in the International Court of Justice's (ICJ) 1969 judgment in the North Sea Continental Shelf cases, is that practice leading to the emergence of a customary rule must include that of states “whose interests were specially affected.” The framing of this passage of the North Sea Continental Shelf judgment seems to imply both a positive and a negative importance for the practice of specially-affected states. Such practice is a requirement for the emergence of a new rule of customary international law. Acceptance by specially-affected states is, in other words, necessary but not sufficient for a rule of custom to emerge. Whether practice of specially-affected states can be sufficient to form a general custom is not resolved by this formulation, although it seems reasonable to infer that the ICJ had in mind that the combined involvement of specially-affected and other states was needed for the formation of such a rule of customary international law concerning basic principles of continental shelf delimitation. Conversely, the absence of rule-supporting practice by specially-affected states would have a negating effect on the emergence of a rule of customary international law, despite rule-affirming practice of states not specially affected. On this view, practice of only such states could not crystalize into a custom. One commentator has suggested that the negative construction does not mean that a single specially-affected state necessarily holds veto power over the formation of a new rule of customary international law, but asserted that “[i]f several ‘states whose interests are specially affected’ object to the formation of a custom, no custom can emerge.” Unsurprisingly, given this level of abstraction, such formulations do not themselves provide specificity as to how many (or which) specially-affected states would be sufficient to prevent the formation of a custom in a particular situation.
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Golant, Natalia. "“Plague shirt” and plague commemoration: mythological representations and ritual practices associated with the personification of the Plague among the Romanians of Oltenia and Timok Valley." Yearbook of Balkan and Baltic Studies 5 (December 2022): 219–35. http://dx.doi.org/10.7592/ybbs5.09.
Повний текст джерелаАнотація:
The article considers mythological representations and ritual practices associated with the personification of the plague among the Romanians of Oltenia (Romania) and the Romanians (or Vlachs) of the Timok Valley (Serbia). It is based on materials from the author’s field research in southwestern Romania and eastern Serbia. The custom of organising the plague commemoration on different calendar dates is analysed. Along with it, the author consistently examines the ways of making a “plague shirt” (Rom. cămaşa ciumii), the spread of this ritual practice, and the contexts of its use as a protection against diseases (plague and cholera) and death during the war, as well as correlations between the practice of making a “plague shirt” and the custom of the plague commemoration.
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Cattelan, Valentino. "Between Theory(-ies) and Practice(-s): Legal Devices (Ḥiyal) in Classical Islamic Law". Arab Law Quarterly 31, № 3 (27 жовтня 2017): 245–75. http://dx.doi.org/10.1163/15730255-31030053.
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Abstract By assuming a disconnection between jurists’ doctrines and the reality of social life, Joseph Schacht interpreted ḥiyal (legal devices) in classical Islamic law as ‘the maximum that custom could concede, and the minimum (that is to say, formal acknowledgment) that the theory had to demand’. Challenging this interpretation, this article argues that ḥiyal were not exclusively the product of commercial customs that were unrelated to the jurists’ ideal law. In actual fact, the diverging contractual theories of the Sunni maḏāhib contributed to the development of diverse ḥiyal practices, whose social acceptance in medieval trade was correspondingly fostered (or rejected) by underlying fiqh doctrines.
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Ta, Tu Duc. "“POST-WORSHIP FEAST” CUSTOM THROUGH VILLAGE CONVENTION DOCUMENTS IN THE XVIII-XIX CENTURY VIETNAM." Scientific Journal of Tra Vinh University 1, no. 38 (May 14, 2020): 38–47. http://dx.doi.org/10.35382/18594816.1.38.2020.553.
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A ‘Post-worship feast’ custom is traditionally celebrated after every ritual practice in a village is an important custom in Vietnamese culture. For centuries this custom has reflected the cultural life of Vietmamese villages. This article introduces the ‘post-worship feast’ custom and the contents related to this that was written in village convention documents of Vietnam in the 18th to the 19th century. The paper also aims to analyse values and specific mechanisms that help this custom continue to exist in the modern Vietnamese community.
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Ron, Zvi. "The Origin and Development of the Custom for the Bride to Circle the Groom Three or Seven Times." Zutot 17, no. 1 (May 27, 2019): 1–14. http://dx.doi.org/10.1163/18750214-12171084.
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Abstract This article traces the origin and development of the by now ubiquitous Ashkenazic custom for the bride to circle the groom under the chuppa. The custom began as circling three times, and various reasons were given for this particular practice. Due to kabbalistic influence, the custom shifted from three circuits to seven, the common custom today. The reasons given also changed over time, reflecting changing attitudes to the symbolism of the wedding ceremony.
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Glennon, Michael J. "The Executive’s Misplaced Reliance on War Powers “Custom”." American Journal of International Law 109, no. 3 (July 2015): 551–56. http://dx.doi.org/10.5305/amerjintelaw.109.3.0551.
Повний текст джерелаАнотація:
Historical practice, or custom, has long been seen as a source of authority in the resolution of separation-of-powers disputes. In two recent cases assessing the limits to the president’s power regarding the recognition of foreign nations and the making of recess appointments, the Supreme Court heavily emphasized past practice. Historical practice, the Court said, reflects “the compromises and working arrangementsth at the elected branches of Government themselves have reached.” in the realm of war powers, the executive branch has long relied on custom to justify military initiatives that were carried out without congressional approval. In essence, the executive has argued that because force has been used in the past without congressional approval, the same is permissible in various other situations (for example, in the Dominican Republic, Grenada, Haiti, Kosovo, and Panama).
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Bobrovnikov, Vladimir. "Legal Vocabulary of Arabic-Speaking ‘adat Monuments in 14th-20th Century Dagestan (Some Results of the Study of Islamic Discourses)." History, Archeology and Ethnography of the Caucasus 16, no. 2 (July 12, 2020): 291–315. http://dx.doi.org/10.32653/ch162291-315.
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The article is an attempt at a concise historical-legal dictionary of legal custom or ‘adat practiced by Muslim highlanders in the North-East Caucasus in the 14th-20th centuries. It contains 107 dictionary and phraseology units gathered in documents, normative and narrative sources including inscriptions. They share characteristic inaccuracies in Arabic morphology and peculiar semantics. The author argues that it was the result of cultural translation of historical realities of non-Arab society. Its legal vocabulary was created by relatively competent Shari‘a judges, teachers and students of madrasahs for members of their own rural communities and confederacies. The translation into Arabic aimed at legitimizing agreements concluded at meetings of the confederations. The glossary should help readers of local Arabic-speaking sources from the North-East Caucasus. At the same time, it elucidates controversies of Islamic discourse based on the Dagestani ‘adat that was a changing legal custom in the framework of first Islamic and then Russian imperial and early Soviet law. Historians know better the discourse of Muhammad of Kututl, Dawud of Usisha, Murtada-‘Ali of Urada who took part in the 17th-19th centuries Shari‘ah movement against non-Islamic local customs. In judicial practice, however, these scholars had to refer to different ‘adat norms and procedures reflecting the early modern society they lived in. At the same time, they Islamized legal custom gradually as we can see from changing meanings of the terms presented in the paper.