INTERNATIONAL JOURNAL FOR LEGAL RESEARCH AND ANALYSIS

HUMANITARIAN RELIEF IN TIMES OF WAR AN ISLAMIC PERSPECTIVE ON COMPASSION, JUSTICE, AND SOLIDARITY BY - IHSAAN MEERA E

Authors : IHSAAN MEERA E

Registration ID : 106548 Published Paper ID: IJLRA6548

Year : Dec-2023 | Volume : II | Issue : 7

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id : meera.soel@gmail.com

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A PUBLIC AWARENESS STUDY ON THE PREVALENCE OF ACID ATTACKS ON WOMEN IN INDIA BY - R. AMIRTHA & SHAIK TAUFEEQ AHMED

Authors : R. AMIRTHA & SHAIK TAUFEEQ AHMED

Registration ID : 106547 Published Paper ID: IJLRA6546 & IJLRA6547

Year : Dec-2023 | Volume : II | Issue : 7

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Email Id : amirtharavimohan@gmail.com & shaikahmedtaufeeq123@gmail.com

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ARTICLE 356: CONSTITUTIONAL INTERVENTION AND PRESIDENTS RULE IN INDIA BY - ANKIT KUMAR

Authors : ANKIT KUMAR

Registration ID : 106545 Published Paper ID: IJLRA6545

Year : Dec-2023 | Volume : II | Issue : 7

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Email Id : kumarankit.dev@gmail.com

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BREAKING BARRIERS JUDICIAL ACTIVISMS ROLE IN CHALLENGING HEALTHCARE TABOOS IN INDIA BY - PRERNA BEHERA

Authors : PRERNA BEHERA

Registration ID : 106544 Published Paper ID: IJLRA6544

Year : Dec-2023 | Volume : II | Issue : 7

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Email Id : prernabehera123@gmail.com

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MANEKA GANDHI Vs. UNION OF INDIA AIR 1978 SC 597 BY - ARYAMAN DUBEY

Authors : ARYAMAN DUBEY

Registration ID : 106543 Published Paper ID: IJLRA6543

Year : Dec-2023 | Volume : II | Issue : 7

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Email Id : aryaman.dubey4@gmail.com

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Doi Link: https://www.doi-ds.org/doilink/12.2023-59159575/MANEKA GANDHI Vs. UNION OF INDIA AIR 1978 SC 597

DOCTRINE OF PRIVITY OF CONTRACTS BY - ARPEETA DASH

Authors : ARPEETA DASH

Registration ID : 106542 Published Paper ID: IJLRA6542

Year : Dec-2023 | Volume : II | Issue : 7

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Email Id : arpeetadash2@gmail.com

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COMPREHENSIVE OVERVIEW OF TRADEMARK LAWS IN INDIA: REGISTRATION, RIGHTS AND RECENT DEVELOPMENTS BY - UJALAMBE ABHAY DAYANAND

Authors : UJALAMBE ABHAY DAYANAND

Registration ID : 106541 Published Paper ID: IJLRA6541

Year : Dec-2023 | Volume : II | Issue : 7

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id : abhayujalambe@gmail.com

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CORPORATE’S LEGAL PERSONALITY: A COMPARATIVE ANALYSIS BY - TANISHA GARG

Authors : TANISHA GARG

Registration ID : 106540 Published Paper ID: IJLRA6540

Year : Dec-2023 | Volume : II | Issue : 7

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id : 21jgls-tgarg@jgu.edu.in

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COMPARING BLASPHEMY LAW: A STUDY OF THE LEGAL SYSTEMS OF INDIA, PAKISTAN AND UK BY - DIMPLE PAREEK

Authors : DIMPLE PAREEK

Registration ID : 106539 Published Paper ID: IJLRA6539

Year : Dec-2023 | Volume : II | Issue : 7

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id : dimplepareek1998@gmail.com

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Doi Link: https://www.doi-ds.org/doilink/12.2023-33751844/COMPARING BLASPHEMY LAW: A STUDY OF THE LEGAL SYST

STUDY OF TOURISM LAWS IN MAHARASHTRA BY: - MR. NAGSEN. U. MANE

Authors : MR. NAGSEN. U. MANE

Registration ID : 106538 Published Paper ID: IJLRA6538

Year : Dec-2023 | Volume : II | Issue : 7

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id : rajmane056@gmail.com

Page No :12 | No of times Downloads: 0065

Doi Link: https://www.doi-ds.org/doilink/12.2023-62582477/STUDY OF TOURISM LAWS IN MAHARASHTRA

International journal for legal research and analysis

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[1] The Author is an assistant professor at the Chennai Dr Ambedkar Govt Law College,Pattaraiperumbudur, Thiruvallur, Tamilnadu.

[2] Mohd Hisham Mohd Kamal(2015), “Is neutral humanitarian action permissible under Islamic law?”, An Opinion Note is based on a paper entitled Neutral and Independent Humanitarian Action: Islamic Perspective, presented at the International Conference on Humanitarian Action in the World of Today – Challenges and Perspectives in the Light of Shari’a and International Humanitarian Law, organized by the International Islamic University, Islamabad, and the International Committee of the Red Cross (ICRC), Islamabad, 22–23 October 2014.

[3] Statutes of the International Red Cross and Red Crescent Movement, October 1986, Preamble, available at www.icrc.org/eng/resources/documents/misc/statutes-movement-220506.html.

[4] Geneva Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August 1949, 75 UNTS 31 (entered into force 21 October 1950); Geneva Convention (II) for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of 12 August 1949, 75 UNTS 85 (entered into force 21 October 1950), Geneva Convention (III) relative to the Treatment of Prisoners of War of 12 August 1949, 75 UNTS 135 (entered into force 21 October 1950); Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of War of 12 August 1949, 75 UNTS 287 (entered into force 21 October 1950).

[5] The Geneva Conventions, Art.3(2), “The wounded and sick shall be collected and cared for. An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict.”

[6] Statutes of the ICRC, 3 October 2013, Art. 1, available at: www.icrc.org/eng/resources/documents/misc/icrc-statutes-080503.html.

[7] Muhammad Hamidullah (1945), Muslim Conduct of State, revised ed., Kashmiri Bazar, Lahore, p. 271.

[8] The Glorious Qur’an-Chapter 5-Al-Maidah-Verse 2, The Almighty(GBUH) says, “…. And cooperate in righteousness and piety, but do not cooperate in sin and aggression…”

[10] Case concerning Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America), Merits, Judgment, 27 June 1986, ICJ Reports 1986, para. 218; para. 242. See also Resolution VIII of the 20th International Conference of the Red Cross and Red Crescent, Vienna,1965.

[11] The Glorious Qur’an-Chapter 3-Ali-Imran-Verse 114, The Almighty says, “…. And they enjoin what is right and forbid what is wrong and hasten to good deeds. And those are among the righteous…”

[12] The Glorious Qur’an-Chapter 49-Al-Hujurat-Verse 13.

[13] 10th Session of the Islamic Summit Conference (Session of Knowledge and Morality for the Progress of Ummah), Resolution No. 17/10-P(IS) on the Security and Solidarity of Islamic States, Putrajaya (Malaysia),16-17 October 2003, paras 7-8.

[14] Preamble, 1981 Universal Islamic Declaration of Human Rights:

[15] Islamic Committee of the International Crescent (ICIC) is dealt in elaborate in this chapter.

[16] Article 7, 1982 Agreement establishing the Islamic Commission of the International Crescent”

[17] Preamble,1990 Cairo Declaration on Human Rights in Islam

[18] 8^th Islamic Summit Conference (Session of Dignity, Dialogue, Participation), Tehran Declaration, Tehran (Islamic Republic of Iran), 9-11 December 1997”

[19] Article 1, 1990 Cairo Declaration on Human Rights in Islam.

[21] Preamble, 2008 Charter of the Organisation of the Islamic Conference

[22] The Glorious Qur’an-Haptrr 5-Al-Maidah-Verse 32.

[23] M. Cherif Bassiouni (2007-2008), Evolving Approaches to Jihad: from Self-Defense to Revolutionary and Regime-change Political Violence, ‘Chicago Journal of International Law’, pp.145.

[24] The Glorious Qur’an-Chapter 37-Surah-As-Saffat-Verse 25, The Almighty (GBUH) says, “.... [They will be asked], "What is [wrong] with you? Why do you not help each other...”?

[25] Article 1, 1981 Universal Islamic Declaration of Human Rights

[26] Article 2, 1990 Cairo Declaration On Human Rights in Islam

[27] Article 1, 2004 Arab Charter on Human Rights

[28] Article 1, 2008 Charter of the Organisation of the Islamic Conference:

[29] Article 11, 1990 Cairo Declaration on Human Rights in Islam: Article 11

[30] Sayyiduna Abu Huraira narrates that the Prophet(PBUH), once said, “Whosoever removes worldly grief from a believer, Allah will remove from him a grief on the day of judgment. Whosoever alleviates [the] lot of deprived[destitute] person, Allah will alleviate his lot in this world and the next. Allah will aid a servant so long as the servant aids his brother”

[31] The Glorious Qur’an-Chapter 4-Surah An-Nisa-Verse 58 & 59

Similarly, The Glorious Qur’an –Chapter 4-An-Nisa-Verse 135

[32] Mohamad Akram Laldin, Introduction to Shariah and Islamic Jurisprudence, CERT Publications, Kuala Lumpur, 2006, p. 33.

[33] The Glorious Qur’an-Chapter 4-An-Nisa-Verse 88-91

[34] Abu al-Fida Ismail ibn Kathir, Tafsir Ibn Kathir, Vol. 2, abridged by Safi-ur-Rahman al-Mubarakpuri, 2nd

ed., Darussalam, Riyadh, 2003, pp. 537–542.

[36] The first verse of the Qur’an revealed on the subject of fighting shows that it was the Quraysh who had declared war on the Muslims: “….To those against whom war is made, permission is given (to fight)…”(The Glorious Qur’an-Chapter 22-Al-Hajj- Verse 39 ).

[37] These principles are :

1. Human Dignity: -

The ICIC shall uphold the principle of human dignity and its inherent spiritual and ethical values what formulate a basic requirement for better human relations that derives its strength from the existence of the factors of respect, cordiality and goodness to all mankind.

2. Justice: - The ICIC shall consider that justice among people and restoring peace as well as social justice are noble objectives, likely to ensure the stability of humane communities and welfare.

3. Equality: -

The ICIC believes in equality among all people without discrimination or distinction due to any reason. It seeks to display Cordiality and fraternity and to put an end to reasons of hatred and animosity.

4. Impartiality: -

The ICIC stresses the state of neutrality in dealing with the disputant parties and considers it as a positive force that build Confidence and leads to the domination of right views and wisdom.

5. Independence: -

According to the nature of ICIC's humane activities, it totally works independently when performing the tasks stipulated in the agreement.

6. Peace: -

The ICIC believes that the honest call for peace must surmount abidingly in order to stop suffering and devastation caused by armed conflicts and wars.

[38] Her full name was Rufaidah bint Sa'ad of the Bani Aslam tribe of the Khazraj tribal confederation in Madinah. She was born in Yathrib before the migration of the Prophet Muhammad (PBUH). She was among the first people in Madina to accept Islam and was one of the Ansar women who welcomed the Prophet on arrival in Madina.

Rufaidah's father was a physician. She learned medical care by working as his assistant. Her history illustrates all the attributes expected of a good nurse. She was kind and empathetic. She was a capable leader and organizer, able to mobilize and get others to produce good work. She had clinical skills that she shared with the other nurses whom she trained and worked with. She did not confine her nursing to the clinical situation. She went out to the community and tried to solve the social problems that lead to disease. She was both a public health nurse and a social worker.

[39] Her acts of bravery in the Battle of Uhud were such that they were profoundly praised and appreciated by the Prophet(PBUH).

[40] She was one of the six women who made their way to the castle of Khaybar. The Prophet (PBUH) asked them: “By whose order did you come here?” Umm Ubayyah said: “Since we could notice the sign of anger on his countenance, I said: ‘We have come here with some medicine to treat the wounded,’ so, the Prophet (PBUH) agreed for us to stay. Our assignment in that war was treating the wounded and cooking food”.

[41] Umayyah bint al-Qays. She became Muslim after the migration (hijrah) to Medina. She said: “I went to see the Prophet (S) along with a group of women from Bani Ghaffar. I said: ‘We want to be with you in going to Khaybar to treat the wounded and assist the combatants.’ Showing his happiness, the Prophet (PBUH) said: ‘You move by the grace of God!”

[42] She is an early reverted to Islam and she is known to be the first women to fight in defence of Islam. Having fought many battles and rendering assistance, she once told Prophet(PBUH) that only men were mentioned in Glorious Qur’an and women were deprived of any importance. Then this verse was revealed, The Glorious Qur’an-Chapter 33- Al-Ahzab-Verse 35, “….Indeed, the Muslim men and Muslim women, the believing men and believing women, the obedient men and obedient women, the truthful men and truthful women, the patient men and patient women, the humble men and humble women, the charitable men and charitable women, the fasting men and fasting women, the men who guard their private parts and the women who do so, and the men who remember Allah often and the women who do so – for them Allah has prepared forgiveness and a great reward…”

[43] Muhammad 'Ali Qutb (Translated by 'Abdur-Rafi' Adewale Imam), “Women around Messenger(PBUH)” International Islamic Publishing House, 2008, revised 2nd ed., Riyadh.

[44] Refer Chapter 4 for understanding the meaning of fard al kifayah.

[45] A human body is sacred even after his/her dead. The Prophet (PBUH) said, “Breaking the bone of the dead person is simisar (is sin) to breaking the bone of a living person”.

[46] ?Ali ibn Ahmad ibn Sa’id ibn Hazm, Al-Muhalla (Beirut: Dar al-Afaq al-Jadidah), Vol. 7,pp.117.

[47] Hai?th number 1715 in al-Tirmidhi, Sunan al-Tirmidh?, Vol. 4, pp.214.

[48] Shahih Al Bukhari, Sahih Al Jami’e, Vol. 4, pp. 90.

[1] State of Rajasthan v Union of India, AIR 1977 SC 1361

[2] Kihoto Hollohan v Zachillhu and Ors, 1992 SCR (1) 686

[3] State of Rajasthan & Ors v Union of India, AIR 1977 SC 1361

[6] Rameshwar Prasad and Ors v Union of India, 2006 2 SCC 1

[7] Government of NCT Delhi v UOI, 2018, MANU/SC/0680/2018

[8] Shivraj Singh Chouhan and Ors. V Speaker Madhya Pradesh Legislative Assembly, 2020

[9] E. Giri Yadav v Union of India and Ors., 2012

[11] Nabam Rebia and Bamang v Deputy Speaker and Ors., 2016 SCC Online SC 30

[12] Constitutional Governance and the Management of Centre-State Relations’, Justice Madan Mohan Punchhi, Volume 2, Centre-State Relations Commission Report, March 2010

[14] Shamsher Singh v State of Punjab, (1974) 2 SCC 831

[15] State of Rajasthan & Ors v Union of India, AIR 1977 SC 1361

[16] S. R. Bommai and Ors v union of India and Ors, (1994) 3 SCC 1

[1] Admin, ‘Judicial Activism - Definition, Types, Examples, Prose & Cons’ (BYJUS, 10 November 2015) accessed 15 October 2023.

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[4] Navtej Singh Johar v. Union of India, Supreme Court, 6 September 2018, 2018 INSC 790 (India)

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[17] Common Cause v. Union of India, Supreme Court, 9 March 2018, AIR 2018 SC 1665 (India)

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[19] Smt. Gian Kaur v. State of Punjab, Supreme Court, 21 March 1996, 1996 AIR 946 (India).

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[1] Judicial Approach in Holding an Authority 10th September 2023 as Quasi-Judicial K. VIKRAMAN NAIR

[4] Judicial Approach in Holding an Authority 10th September 2023 as Quasi-Judicial K. VIKRAMAN NAIR

[5] Law Corner 12^th September 2021 Radhika Maheshwari

[7] byjus.commaneka-gandhi-case-1978-sc-judgements

[9] Impact of Maneka Decision : Growing Dimensions of Indian Constitution'al Law pages 3,4,5 - 10th October D. RAJEEV

[10] Lexlife.in/2020/05/13/principle-of-natural-justice-reasoned-decision

[11] SCC Online Web Edition Administrative Law Monday, September 18, 2023

[12] SCC Online Web Edition audi alteram partem Monday, September 18, 2023

[13] SCC Online Web Edition Administrative Law Monday, September 18, 2023

[14] Lexlife.in/2020/05/13/principle-of-natural-justice-reasoned-decision

[15] Lexlife.in/2020/05/13/principle-of-natural-justice-reasoned-decision

[16] SCC Online Web Edition audi alteram partem Monday, September 18, 2023

[1] Chinaiya Vs Ramaiya {ILR (1876-82) 4 Mad 137}

[3] Rose Fernandez Vs Joseph Gonsalves {ILR (1924) 48 Bom 673}

[3] Ranbaxy Laboratories Limited vs. Anand Prasad & 4 Others 2004 (28) PTC 438 (IPAB)

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[6] Joint Stock Companies Registration and Regulation Act ,1844

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[19] Prest v. Petrodel Resources Ltd., [2013] UKSC 34

[20] Hannigan & Brenda, wedded to Salomon: Evasion, Concealment and confusion on piercing the veil of the one -man company, 50 IRISH JURIST, 11–39 (2013).

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[32] Vodafone International Holdings vs. Union Of India & Anr (2011)

[33] Tata Engineering Locomotive Co v. State of Bihar AIR 1965 SC 40

[34] Bahadur Krishna, 'Personality of Public Corporation and Lifting the Corporate Veil' [1972] Journal of the Indian Law Institute 207

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[1] Karuna Nundy, On Religious Freedom and Discontent: Report on International Standards and Blasphemy Laws, HUMAN RIGHTS INSTITUTE, accessed from https://mediafreedomcoalition.org/wp-content/uploads/2023/05/HLP-Blasphemy-Laws-report-2023.pdf .

[2] Mohd. Rameez Raza & Shereen Abdin, The Law of Blasphemy vis-à-vis the modern world: Violation of Freedom of Speech and Expression, Jun 29, 2020, Manupatra 2020, accessed from https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3893122 .

[3] Olivia Robinson, Blasphemy and sacrilege in Roman Law, IRISH JURIST (1966-), vol. 8, no. 2, 1973, pp. 356–71. JSTOR, http://www.jstor.org/stable/44027907. Accessed 20 Dec. 2023 .

[5] Article 2, The Constitution of Pakistan (1973).

[8] Caleb Holzaepfel, Can I Say That?: How an International Blasphemy Law Pits the Freedom of Religion Against the Freedom of Speech, 28 Emory Int'l L. Rev. 597 (2014).
Available at: https://scholarlycommons.law.emory.edu/eilr/vol28/iss1/1 last accessed on 19-12-2023.

[9] Widelitz, Kiley (2013) "A Global Blasphemy Law: Protecting Believers at the Expense of Free Speech," Pepperdine Policy Review: Vol. 6, Article 2.
Available at: https://digitalcommons.pepperdine.edu/ppr/vol6/iss1/2 last accessed on 19-12-2023.

[10] BYRAN A. GARNER, THE BLACK’S LAW DICTIONARY (West Group 2009) 193.

[12] 8, RECENTLY ABROGATED BLASPHEMY LAWS (J. Temperman & A. Koltay ed., Cambridge University Press) (2017) 551.

[13] CRAUN, EDWIN D, Inordinata Locutio: Blasphemy in Pastoral Literature, 1200–1500, Traditio, vol. 39, 1983, pp. 135–62. JSTOR, http://www.jstor.org/stable/27831131, accessed on 20 Dec. 2023.

[14] Section 295, Indian Penal Code, Act No. 45 of 1860, Imperial Legislative Council.

[15] Criminal Amendment Act of 1927, No.25, Act of the Parliament (India).

[16] Ramji Lal Modi v. State of U.P, 1957 AIR 620; 1957 SCR 860

[17] Article 19(1)(a), The Constitution of India (1950).

[18] The Superintendent, Central Prison, Fatehgarh v. Ram Manohar Lohia, 1960 AIR 633; 1960 DVR (2) 821

[19] Navjosh Singh Atwal, Blasphemy-Legal status in India, accessed from file:///C:/Users/DELL/Downloads/SSRN-id3800192.pdf .

[21] THE PRINCETON ENCYCLOPAEDIA OF ISLAMIC POLITICAL THOUGHT (Gerhard Bowering ed., Princeton University Press 2013) 71.

[26] Article 2, The Constitution of Pakistan (1973).

[27] Julia Altmann, Blasphemy laws in middle east leave minorities holding their tongues, 8 Jun 2019, accessed from https://www.jpost.com/middle-east/blasphemy-laws-in-middle-east-leave-minorities-holding-their-tongues-591885

[28] Section 298A, Pakistan Penal Code, Criminal Law Amendment Act (1980).

[29] Section 295B, Pakistan Penal Code, Criminal Law Amendment Act (1982).

[30] Section 295C, Pakistan Penal Code, Criminal Law Amendment Act, Act No. 3 of 1986.

[31] Aamir Saeed, Pakistan Court sentences four to death for Blasphemy, Sept 05, 2023, accessed from https://www.arabnews.com/node/2367886/pakistan .

[32] Dawn Staff, Blasphemy: What you need to know about Asia Bibi’s Trial, DAWN NEWS (May 19, 2020, 11:10 AM) https://www.dawn.com/news/1289700 .

[34] St. Thomas Aquinas, Summa Theologica, Vol.3 Part-II (2nd Ed. Cosimo, Inc. 2013) pg.1226.

[35] Dr Gerald Parsons, review of Blasphemy in Modern Britain: 1789 to the Present, (review no. 115), accessed from
https://reviews.history.ac.uk/review/115 on 20 December, 2023

[41] Article 19(1)(a), The Constitution of India (1950).

[47] Smruti S. Pattanaik, Islam and the ideology of Pakistan, accessed from https://ciaotest.cc.columbia.edu/olj/sa/sa_98pas02.html .

[2] The Constitution of India, 1950

[4] Indian Tourism Statistics Reports on Ministry of Tourism(2000-2015)

[5] https://lawtimesjournal.in/need-of-tourism-laws-in-india

[6] https://lawtimesjournal.in/need-of-tourism-laws-in-india

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