International Journal of Law and Jurisprudence

The Legal Regime of Islamic Courts

Ovidiu-Horia Maican — Wed, 14 Jan 2026 00:00:00 +0000

Islamic law emerges from the principles of Islam as a worldwide religion.
Islamic law is anticipated to tackle the increasing social challenges that humanity faces.
This is in alignment with the Islamic legal principle (ushul fiqh) asserting that laws adapt to the shifts in time, location, and customs.
Many alterations have occurred, leading to a departure from the authentic interpretation of the original Islamic law texts, resulting in its diminished relevance to current social realities.
Therefore, there is a necessity for a new approach to reform sharia, so that Islamic law can effectively address modern issues and fulfill the needs of today’s societies.
Reform involves reconstructing based on its foundational state while preserving core values to tackle contemporary challenges.
Modern Islamic law represents a viewpoint that considers all legal matters, both those that exist now and those that will arise in the future, incorporating new situations as part of the evolution of the established Islamic law dynamics. Thus, it is crucial to recognize that the comprehensive reform of Islamic law is grounded in religious texts, constitutional frameworks, and philosophical as well as sociological foundations.

Private Law Solutions for Protecting the Memory of Deceased Persons

Silviu-Dorin Şchiopu — Wed, 14 Jan 2026 00:00:00 +0000

In some legal systems, personality is protected expressis verbis post-mortem. In other national legislative frameworks, this protection was achieved by praetorian means. Although the Bulgarian Personal and Family Law of 1949 does not contain explicit provisions on the protection of the personality of the deceased, the national legislator could envisage such civil regulation in the future. All the more so, as it has already provided rules concerning the processing of personal data of deceased persons in the Personal Data Protection Act. In view of the foregoing, the article presents legislative solutions from civil law legal systems and discusses their advantages and disadvantages as regards the post-mortem protection of the deceased interests.

The Institution of the Legal "Enigma". Nature of the Preciput Clause in Romanian Law

Ana Crăciun — Wed, 14 Jan 2026 00:00:00 +0000

At the time of the marriage, each spouse has a certain property situation. Depending on the interests that the spouses have with regard to the family, they have the right to choose which matrimonial regime will govern their conjugal bond. This highlights human diversity and the need to build more possibilities for coexistence in order to preserve this affectio conjugalis that lies at the root of founding a family. A particular characteristic conferred by the marriage convention is that of the existence of a matrimonial advantage, one type of matrimonial advantage being the preciput clause, an accessory to the accessory convention. Since the Romanian legislator has not expressly provided for the legal nature of this preciput, controversy has arisen among specialists about it, as it is often associated with a liberality. This paper aims to analyse this institution using a comparative method, both between various institutions of Romanian civil law and in relation to similar foreign regulations relevant to the subject, in order to establish its legal nature. However, the main objective is to highlight the importance of the existence of family-specific institutions in a broader sphere than the traditional, generally accepted one. The benefits of an institution regulated by a particular branch of law representing the common law should be extended to all categories of people, regardless of how they choose to live together and with whom they choose to do so. The foundation of the family is affection, love for your close ones. Love is a truth that is felt, not concealed and restricted by various legal provisions in harmony with the Constitution, but in disharmony with the human nature. The preciput clause raises the emotional bond between two people to a spiritual level, continuing the stability and familiarity of marriage for the surviving spouse, and is shaped as a family memory in which the emotional element becomes superior to the financial interests of others. Thus, through a jurisprudential analysis, various proposals for lege ferenda emerge regarding the regulation of the preciput in art. 333 NCC, amplifying its uniqueness. The nature of the preciput clause may remain an enigma, free of any labels.