كلية القانون - ماجستير
Permanent URI for this collectionhttps://repository.neelain.edu.sd/handle/123456789/535
Browse
9 results
Search Results
Item السلطة التشريعية في النظامين الوضعي والاسلامي(alneelain, 1998) ياسر عبدالعزيز ابراهيمItem مبدا الفصل بين السلطات(alneelain, 2005) محمد يحي عبدالله القاهرةItem الحق الدستوري للمراة في تولي الولاية العامة(alneelain, 2002) معتز الصادق محمد سلمانABSTRACT This study tackles one of the most mulut-dimensional issues. Woman cause has been the most controversial topic in both the natural and humanitarian sciences. It has been deal with in diversfied viewpoints, and from a variety fo ideological grounds. Here we have dealt with thes issue from the legal constitutional point of view in comparison with the Islamic Legislatuer. The study aims at achieving a number of objectives that could be summarised into the following:- 1. Ensuring the significance role of woman in the society, attempting to explore her rights in Sharia, Constitution and Law. 2. Highlighting the influence of Islam on determining the rights of woman in the constitutional and legal fields. 3. Stating the rights guaranteed to woman in the international treaties and conventions. 4. Attempting to have an appropriate understanding to woman cause in the light on Sharia an constitutional terms. 5. Viewing woman situation under the various Sudanese constitutions and the legislatures referring to woman. All these objectives, combined together, have constituted the significance of this study. Such significance is rapidly growing within the framework of the. general human rights concepts and particularly woman's rights in the wake of the social, ecomomic and cultural changes taking place in the world of today as the woman cause became one of the international issues that affect all aspects. As woman involvement in the public service gave her a foot stand to prove competency, woman cause has been embraced by new international bodies such as the govermental and non-govermental organizations. The study then concluded with some points. 1. Disparity of woman situation between progress and prosperity in all human civilizations. 2. Woman has assumed many roles social and political in the early Islamic State. 3. Islam has stipulated rights for woman that are equal to those established for the men. Islam gave no differentiation between man and woman save those connected with her biological and. physiological nature. 4. Social and environmental conditions have overshadowed many rights that have already been guaranteed to woman. 5. woman situation in Sudan is generally advanced on the theoretical point of view and goes even beyond that established for woman in the recent international conventions. 6. Jurisprudence or some Muslim jurisprudents have only been relevant but to their respective cases and conditions. The study presents answers to all core questions and the relevant scientific hypotheses. The adopted approach has efficiently emiched the subject matter of the study. The study presents some recommendations. 1. Necessity of activating the role of woman in the society in accordance with the prevailing legislatures and Sharia regulations. 2. Enhancing fruitful co-operation between man and woman in serving community and faith as their respective roles compliment each other. 3. Opening and widening fields of work for woman in compatible with her nature and physiological abilities. 4. Elemination of unfair discrimination on woman with regard to assuming public posts. A number of minor recommendations were also presented.Item نظم وضع الدساتير وتعديلها بالتركيز على التجربة السودانية(alneelain, 2007) محمد الصادق عبداللهAbstract The study of the constitution or any related subject is necessarily of highest importance because the constitution- represents the political, social and economic stability within the State as being the expression in a way or another of the least unanimous position of the people. A research under this subject requires an inquiry about the system whereby the constitution and it's amendment in the scope of the general principles of the constitutional law is carried out with reference to the Sudanese experience. Based on the above, the researcher will talk this issue under five chapters divided into themes containing the basic requirements and various branches following the targets of the research as below: The prelude shows the general constitutional principles that form a general introduction as well as a scientific approach to the subject. The chapter was divided into three themes: in the first theme, I discussed the definition of the constitution owing to several standards. The second theme contained the sources ofthe constitutional law in general theory And the third theme discusses the Sudanese constitutional law. The first chapter: this chapter focuses on the constitution systems based on the general principles. I mentioned the undemocratic drafting of the constitution as represented by the constitution by gift and the contract system. Then, I tackled the democratic systems represented by the constitutional referendum and the constituent Assembly. The second chapter points out the various types of constitution and the amendment patterns. The first theme discusses the types of constitutions in terms of drafting: drafted and undrafted constitutions divided into flexible and rigid constitutions. The second theme explains the constitutional amendment systems with regard to the amendment condltions and the concerned authority III charge of amendment and finally the amendment procedures. The third chapter deals with the constitutional experience in drafting constitutions. This chapter is divided into three themes the first of which deals with the constitution for the year '~o i during the period preceding the independence of the country. The second theme contains the Sudan constitutions which are drafted during the democratic regimes. The fourth chapter: this chapter is confined to the amendment of the Sudan constitutions and the texts indicating this matter in the first theme on one hand. On the other hand I indicated the repeal of the constitution within the general theory. At the end of this chapter the repeal ofthe Sudanese constitutions was mentioned. Finally, in the conclusion, the researcher reviews the results attained by the research as well as the proposals and recommendations.Item مشروعية سلطات الضرورة في النظم الدستورية بالتركيز على النظام الدستوري السوداني(alneelain, 2004) خالد ابراهيم محمد حسينThis study tries to decipher one of the most important issues nowadays; Martial Laws or the "Authority of Emergency" from a constitutional point of view in one hand, comparing it to the other constitutions and the Sudanese previous constitutions on the other hand. Concentrating of Sudan's Constitution 1988 in order to figure out our position with regards to the other legal international constitutions. In addition to that, Martial Laws cause a lot of trouble whenever they are implemented, for example, the State, it's constitutional or economic corporations, or the national top priorities, may face obstacles or difficulties, which pushes the executive authority represented in the president of the republic, to declare Martial Las, to address the situation. Always, such laws come into question whether they are legal or not. Is a matter of legal controversy, whether the president act constitutionally under such circumstance ... etc. It worth mentioning that Martial Laws were in effect in Egypt for many years they were becoming day after day a fact condition. Continuous renewing of such laws normalizes their existence. Moreover, the situation in Sudan is similar since the president has declared Martial Law on the 4th of Ramadan 1420H or the 11 th of December 1999, and dissolved the parliament. It's universally accepted that certain conditions may arise where declaring Martial Laws become necessary. One would mention the French constitution, amended in 19568, article (16), also the Egyptian constitution for 1971 has stated in article (74) procedures for declaring martial laws, the Sudanese constitution for 1988 has mentioned in chapter two, article (131,132,133) and necessitates the implementation of the Martial Law. From what has been said, it is procedures to study what calls and necessitates the implementation of the Martial Laws. This study tries to trace back it's origins in Sharia Laws and so forth to decide the legitimacy of Ramadan's Laws. The study composed of three chapters, chapter one discusses the legitimacy of the Martial Laws, its justifications in Sharia and other constitutions, moreover how they are related to democratic regimes; and what are the penalties of violations if committed. Chapter two is concerned with the "Theory Necessity" in Islamic Law "Sharia" its definitions, and rules. Finally chapter three discusses the concept of necessity and difference between sovereignty acts and discretion power, how they addressed and in other constitutions dealt with how the Sudanese previous constitution addressed the issue through various chapters and articles.Item نظم وضع الدساتير وتعديلها بالتركيز على التجربة السودانية(2007) محمد الصادق عبد اللهItem المسئولية السياسية للحكومة أمام البرلمان في النظامين السوداني والقطري(2007) مشوط شبعان عامر الهاجريItem السلطة التنفيذية في الدساتير السودانية(2007) مصطفى إسماعيل أحمد عليItem الأثر المترتب على الحكم بعدم دستورية القانون(2006) عزة محمد الحسن عبد الله