Relevance Of The Maxim Certainty Philosophy Essay

Relevance Of The Maxim Certainty Philosophy Essay The maxim: Certainty is not overruled by doubt is one of the universal maxims in Islamic law. It applies to three-quarter of fiqh. Some positions maintain that the maxim does not have significant effect on commercial transactions. The work started by discussing the legal basis of the maxim. It also discussed the detailed meaning of certainty and doubt in Islamic law and jurisprudence and the principles with which they are applied to the particulars of law. Relevant particulars of commercial matters related to it were cited as examples after analysis of the general meaning of each maxim. These examples reveal the significance of the maxim in providing basic principles for dispute resolution as well as the responsibility of proving allegations between parties to commercial transactions. It also laid out in detail the party upon whom the onus of proof lies in litigations to counter what is presumed by law. Keywords: Certainty (yaqÄ ©n), Conjecture (Zann), Doubt (shakk), Illusion (Waham), Commercial Transactions, Dispute resolutions, presumption of law, onus of proof. * Higher Sharia Court Judge, Kala Balge Sharia Court and overseeing Rann Sharia Court, Borno State Judicial Service Commission, Borno State, Nigeria. E-mail: [emailprotected] * Senior Lecturer, Faculty of Law, Department of Sharia, University of Maiduguri, Nigeria. E.-mail: [emailprotected] ** Lecturer, Faculty of Law, Department of Sharia, University of Maiduguri, Nigeria. E.-mail: à ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦ 1. INTRODUCTION: Legal maxims (Al-Qawà £id Al-Fiqhiyyah) are imperative in Islamic jurisprudence as they encapsulate perceptions and precepts that can abet to figure out the factual essence of the Islamic Law in details. Reflective of a consolidated reading of fiqh by great jurists, it is a handy tool for researchers who need to expand their grasp and understanding of content and objective of the law. More importantly, they ease to arrive at the appropriate ruling where is no direct text is available a particular matter. The word al-Qawaid is a plural qà £idah, a derivative of qaada and literally has the meanings of fixation, consistency, and being well established. Qaida on the other hand means base, and Qawaid means a foundation of a building, as Allah, the Most High says: And remember Ibrahim and Ismail raised the foundations (Qawà £id) of the House  [1]   Technically, it is a general rule applicable to all its related particulars. Sadrush SharÄ ©ah (d. 747) defined Qawà £id as general propositions  [2]  . Examples are Qaida Nahwiyyah (Rule of Grammar), Qà £idah Mantiqiyya (Rule of Logic), Qaida UsÃ…Â ©liyya (Rule of Jurisprudence), etc. Fiqhiyya (lit. of law) is the adjective of Qà £ida (maxim); a derivative of fiqh (law) which literally means understanding. Fiqh is a term that came to denote Muslim jurists detailed study of practical aspect of the Devine ordainments. Imam Shafii (d. à ¢Ã¢â€š ¬Ã‚ ¦) defined it as the knowledge of the practical injunctions of Sharia acquired from its detailed evidences  [3]  . The two words, i.e. Al-Qawà £id al-Fiqhiyya, referred herein as Legal Maxims has several definitions which basically revolves around two positions. The often quoted definition of legal maxims is that it is a general rule which applies to all of its related particulars  [4]  . As this is an extension of the technical meaning of term Qà £ida in other discipline to the Qà £ida in law (fiqh), this definition has failed to encapsulate the concept of legal maxims and thus not reflective of its essence. Al-Hamawi (d. 1098H=1687AD) has stated that Qà £ida of legists (fuqahà £) is different from Qà £ida in other disciplines such as Grammar (Nahwu), Logic (Mantiq) and even Jurisprudence (UsÃ…Â ©lul Fiqh). In these disciplines, it is a rule applicable to all its related particulars.  [5]   From the foregoing we can say that a legal maxim is a general proposition of law that applies to most of its related particulars  [6]  . The reason for opting to this definition is that maxims do not apply to all particulars that seem related to it. The particulars that do not apply to a general principle are known as exceptions (mustathnayà £t). These exceptions often represent independent or auxiliary maxims in themselves. The exceptions do not however negate the general application of maxims, as the principles of the maxim still represent application to majority; and exceptions are but of minority in all maxims  [7]  . Another characteristic of a legal maxim worth noting is that a maxim applies to most of its related particulars, which are scattered in various themes or chapters of fiqh. But a principle that only applies on one particular theme or chapter of fiqh is referred to as a Regulator (Dà £bit). In other words, a Regulator (Dà £bit) is limited to one chapter and provides a legal principle on injunctions of a particular chapter of Fiqh. According to Al-SuyÃ…Â ©ti (d. 911H) says a maxim collects branches from different chapters while Dà £bit collects branches of the same chapter  [8]  . An example of Dà £bit is: injunction of sale of a nonexistent is same as that of risky-taking (gharar) sales (hukmu baiil madÃ…Â ©mi yatbaul gharar)  [9]  . This Dà £bit is applicable to the chapter of buying and selling. Importance of Legal Maxims (Al-Qawà £id Al-Fiqhiyyah): The great Maliki Jurist of Egypt, Imam Shihà £buddÄ ©n Al-Qarà £fi (d. 676H) described it as embodying secrets and wisdoms of Sharia  [10]  . Legal maxim brings together widely scattered branches of fiqh into a single abstract rule making it easy for jurists, researchers and students of the Islamic law. It also saves time in researching injunctions for several matters that are otherwise scattered in different chapters of books of fiqh. That is why, according Al-SuyÃ…Â ©ti, some jurists refer to fiqh as knowledge of similitudes. Legal maxims therefore make it easy to diagnose juristic injunctions, comprehend and memorise auxiliaries and particulars of the law  [11]  . The four schools of Islamic Jurisprudence are in agreement over the five of the Universal Maxims that they clasp within themselves the entire quintessence of the Islamic Shariah. They are depicted to be universal maxims for being all-inclusive and applicable to the entire range of fiqh without any specification  [12]  ; whereas the rest of the maxims are just elucidations of these five: Matters are (judged) by their intents (Al-UmÃ…Â ©ru bi-maqà £sidihà £)  [13]  ; Hardship begets facility (Al-Mashaqqatu tajlibu Al-TaisÄ ©r)  [14]  ; No harming and no counter-harming (Là £ darara wa là £ dirara)  [15]  ; Custom is Authoritative (Al-ÃÆ'datu Muhakkamah)  [16]  . Certainty is not be overruled by doubt (Al-YaqÄ ©nu la yazÃ…Â ©lu bish-shakki). Beside its general application to three-quarter of Fiqh chapters, Certainty is not overruled by Doubt provides basic guidelines for disputes resolution in contracts including commercial and financial transactions. The paper will discuss in detail the general meaning of the universal maxim Certainty is not overruled by Doubts, its importance and relevance to commercial transactions. This universal maxim is one of the earliest maxims to appear in the discipline of maxims derivation (Al-TaqÄ ©d Al-Fiqhi)  [17]  . The earliest reference to it was made by Imam ShafiÄ © (d. 204H º819C.E.) while discussing admission/ confession. He said: the basis of what I say is that I will always hold people by what is certain, drop the doubtful and use that which is most probable  [18]  . Al-Karkhi (d. 340H) too in his UsÃ…Â ©l has stated that the basis (in law) is that what was confirmed with certainty cannot be overruled by doubt and say it is one of the principles the Hanafi School was based on  [19]  . Over time, it was abridged into its current form: Certainty is not overruled by doubt (Al-YaqÄ ©nu là £ yazÃ…Â ©lu bish-Shakk)  [20]  . 2. CERTAINTY IS NOT OVERRULED BY DOUBT  [21]   (Al-YaqÄ ©nu là £ yazÃ…Â ©lu bish-Shakk) Generally, any matter confirmed to have existed with certainty remains certain until proven with evidence to be otherwise. It is not invalidated by mere doubt or supposition. The same is also said regarding a matter whose non-existence is confirmed continues in that state until also proven otherwise. This is because doubt is weaker than certainty. It will not, therefore, nullify certainty whether or not the later is positive or negative  [22]  . In other words, whenever the existence or non-existence of a matter is established through legally accepted means, a subsequent doubt over the continuance of this state will not affect the legal regard given to the confirmed certainty. Legally, certainty (yaqÄ ©n) is defined as the knowledge that a fact has either definitely occurred or not. Doubt (shakk), which is the opposite of certainty (yaqÄ ©n)  [23]  , is a vacillation over the occurrence and non-occurrence of a fact. Meaning none between the two possibilities is of higher probability. But if either has greater probability, the doubt seizes and it is thus certain (yaqÄ ©n) in the usage of legists (fuqahà £). This form of yaqÄ ©n is often interchangeably used with the term à ¡Ã‚ ºÃ¢â‚¬Å"ann. The term à ¡Ã‚ ºÃ¢â‚¬â„¢ann which literally means conjecture is less than certainty in the language of Jurists and Logicians. To them, Certainty (YaqÄ ©n) is belief that a particular matter is so-and-so and cannot be but so-and-so in manner consistent with its reality and essence. In other words, it is the perfect knowledge free from error. Because injunctions of Sharia are applied on what evident or conspicuous (zà £hir) and not abso lute certainty, the jurists definition is not as encompassing as that of legists (Fuqahà £) which includes the most probable event  [24]  . This is because there are issues which the Sharia may have considered them as certain though they can logically be incorrect. Example is an accepted testimony by witnesses before a Court is a legal certainty for its truthfulness, but is possible that they are telling lies. Al-Qarà £fi says that necessity is the reason why conjecture (à ¡Ã‚ ºÃ¢â‚¬Å"ann) is regarded as certain in Sharia for absolute certainty may not be achieved. Possibility of erring in such à ¡Ã‚ ºÃ¢â‚¬Å"ann is however lesser. But the doubtful cannot be a basis for a judgement  [25]  . This is the reason why scholars of Malikiyya school of thought did not refer to this maxim in the above phrase, that is Certainty is not overruled by doubt, rather their preferred phrase is: The Norm of Sharia is that Injunctions are but based on knowledge and that which is in doubt is not considered  [26]  . 2.1 BASIS OF THE MAXIM: In the Quran, the saying of Allah, the Most High: But most of them follow nothing but Conjecture (Zann): truly Conjecture can be of no avail against truth. Verily Allah is well aware of all that they do  [27]  . One of the meanings of Zann (lit. conjecture) is illusion, i.e. where the fact thought to apply to a particular matter does not in reality apply to it. In such a situation, such conjecture will not overrule what was known for certain  [28]  . Also from Sunnah, the Hadith narrated by Abbà £d bin TamÄ ©m from his uncle from the Messenger of Allah, peace be upon him, in which a man complained to the Prophet, peace be upon him of feeling something (departing) his body. The Prophet, peace be upon him, told him not leave (his prayers) until he hears a sound or smells (the gas)  [29]  . The hadith means that one should not ignore the certain, which is the state purity before prayer, in favour of that which is uncertain, i.e. the feeling that something has departed his body. Therefore, such doubt will not overrule the original certainty. In another version of the Hadith related by Abu Huraira, the Prophet, peace be upon him, said: à ¢Ã¢â€š ¬Ã‚ ¦ and if one of you feels something in his belly, and doubts whether something has left his body or not, he should not leave the mosque until he hears a sound or feels a gas  [30]  . 2.2 SIGNIFICANCE OF THE MAXIM: On the significance of the above Hadith, Al-Nawawi (d. 676H) asserts that: this Hadith is a basic source and a great principle  [31]  among the principles of fiqh. The principle is that things are judged to remain on their original forms until the certainty of the contrary is established, a subsequent doubt will thus not harm it  [32]  . Jurists have unanimously agreed on the usage of this maxim. Imam Al-Qarafi states that: this is an agreed upon maxim, the only disagreement among scholars is in some of its applications  [33]  . Ibn DaqÄ ©q al-Eid (d. 702H) also said: The Hadith is a basic principle in the usage and/or tossing of doubts; and scholars appear to be in agreement on this maxim, even though they differ in some of its applications  [34]  . 2.3 RELEVANCE TO COMMERCIAL TRANSACTION: By Commercial Transactions we are referring all Contracts in Sharia relating to the exchange of goods and services. Examples include: transactions like bay (sales contract), ijà £rah (lease), muzà £raah (farm leasing) partnership (muqà £radah), wakà £lah (agency) juala (promise of reward for a particular action), kafà £lah (surety), hawà £la (transfer of debt), rahn (mortgaging), etc. In fact, all contracts with the exception of marriage contract which is not under the scope of this paper. As we have indicated above, certainty in law refers to the most probable assumption. Example of such probable assumption is seeing a man with reasonable wealth possessing a reasonably priced car for several years; one can confidently testify that it belongs to him  [35]  . It is upon this kind of certainty that many legal injunctions apply  [36]  . Other examples of its relevance to commercial transactions include: Where there is a contract between two parties and a doubt is raised on whether or not there was dissolution of the contract. The contract is presumed to be subsisting as this is the certainty  [37]  . Also where it is confirmed that A owes B certain amount of money. But after As death, a doubt is raised on whether or not he has paid, lack of payment will be presumed as it is the certainty  [38]  which cannot be overruled by doubt. Certainty is not overruled by Doubt is supplemented with many Auxiliary Maxims (qawà £id fariyyah) and Regulators (Dawà £bit) which together elaborate its legal implication and significance. These will be classified under three categories, namely: Auxiliary Maxims giving weight to certainty, Auxiliary Maxims emphasising on overlooking of doubt and Maxims indirectly related to the Certainty is not overruled by Doubt. Related maxims to each category will be discussed in the following order: Auxiliary Maxims giving weight to certainty: The norm is that the status quo remains as it was before (Al-Aà ¡Ã‚ ¹Ã‚ £lu Baqà £u mà £ kà £na ala mà £ kà £na); Let the Ancient rest on its age (Al-QadÄ ©mu yutraku alà £ qidamih) The norm (in Sharia) is freedom from liability (Al-Aà ¡Ã‚ ¹Ã‚ £lu barà £at Al-Dhimmah); The norm (of Shariah) is that acquired attributes do not exist (Al-Aà ¡Ã‚ ¹Ã‚ £lu fis-Sifà £til Aridah Al-Adam) The norm in Law is that things are faultless or fit (Al-Aà ¡Ã‚ ¹Ã‚ £lu As-Salama) The Norm (of Sharia) regarding things is permissibility (Al-Aà ¡Ã‚ ¹Ã‚ £lu fil Ashyà £i al-Ibà £hah) The Basis in Law Regarding Contracts is that they permissible and binding (on its parties) (Al-Aà ¡Ã‚ ¹Ã‚ £lu fil UqÃ…Â ©di As-Sihhah wal-LuzÃ…Â ©m) The Norm of law regarding terms and conditions is validity (Al-Aà ¡Ã‚ ¹Ã‚ £lu fish-ShurÃ…Â ©ti as-Sihhah) The basic principle is to ascribe the event to the nearest time of occurrence (Al-Aà ¡Ã‚ ¹Ã‚ £lu Idà £fatul Hadithi ilà £ aqrabi auqà £tih) Auxiliary Maxims emphasising on overlooking of doubt: No attention shall be paid to inferences (implication) in the face of an explicit statement (Là £ ibrata lid-Dalà £lati fÄ © Muqà £balatit TasrÄ ©h) No weight is attached to Illusion (Là £ ibrata littawahhumi) No argument is admitted against supposition based upon evidence (laa hujata maal ihtimaalin naashii an daleel) The apparently erroneous supposition is not to be taken into consideration (laa Ibrata biz Zannil bayyni khatauhu) Maxims indirectly related to the Certainty is not overruled by Doubt: No statement is imputed by to a person who keeps silence, but silence is tantamount to a statement where there is a necessity for speech (Là £ yunsabu ilà £ sà £kitin qaulun, wa là £kinnas sukÃ…Â ©tu fÄ © maradil hà £jati ilà £l bayà £ni bayà £nu) The original state of words is the literal sense (Al-Aà ¡Ã‚ ¹Ã‚ £lu fil Kalà £mi Al-HaqÄ ©qah) No room for ijtihà £d where there is a decisive text (Là £ masà £gha lilijitihà £di fÄ © mauridin nass) 3. AUXILIARY MAXIMS GIVING WEIGHT TO CERTAINTY 3.1 The norm is that the status quo remains as it was before  [39]  : (Al-Aà ¡Ã‚ ¹Ã‚ £lu Baqà £u mà £ kà £na ala mà £ kà £na) It is a basic provision in Sharia is that the status quo remains as it was before unless it is proven to have changed. To explain further, we can say that a fact whose existence or non-existence is said to be certain in the past is regarded to be as it was and does not change, until evidence is available to change such status. Such proof is mostly based on evidence, confession, admission, and refusal to take oath  [40]  . This principle of law is referred to as Istishà £b in Islamic jurisprudence  [41]  . Considered to be one of the secondary sources of law, Istishà £b has been defined as the presumption of continuity of a matter base on its previously established state. The previously confirmed state may either be legal or rational. This maxim represents a form of Istishà £b which is: accompanying what the law has confirmed to have existed in the past into the present; such as a person who bought a piece of land will be presumed to still owe it until anything that may change that presumption is proved  [42]  . This type of Istishà £b applies in cases such as presumption of continuation ownership after execution of a contract; the liability of a person who damages anothers property remains until repayment and the existence of a liability on an indebted person where the taking up of the loan is attested to  [43]  . An example of the application of the maxim in commercial transaction is where a lender claims paying his debtor; or a buyer claims paying the price to the seller; or a lessee claims paying the lessor; but the debtor, the seller and the lessor denied any payment. The statements of the party denying will be accepted. As the norm is the continuance of what has existed, these claims will not be accepted until legally proved  [44]  . Another application is when a buyer claims that the condition of a commodity he previously saw has diminished during delivery; according to Ibn Qà £sim (d. 918H), the statement of the seller will command credibility base on this maxim. Ash-hab (d. 204H) on the other hand also states that the claim of the buyer will have legal backing because the legal norm is that the buyer is free from liability (Al-Aà ¡Ã‚ ¹Ã‚ £lu barà £at al-Dhimmah)  [45]  . Hanafis have distinguished between the two by asserting that if much time has lapsed from the time of inspection of the commodity and the time of delivery, the statement of the buyer will be backed by the law  [46]  until the contrary is proved by the seller. 3.2 Let the Ancient rest on its age  [47]   (Al-QadÄ ©mu yutraku alà £ qidamih) Provided it does not violate the right of another, a thing that has existed since time immemorial will enjoy legal protection. The law presumes that something that has remained for a very long time has a legal precedence  [48]  . This is also regarded as Istishab as it is an accompanying of the past condition, whether it is a proof of ownership through evidence or the admission of a respondent. Such istishab can be relied upon provided it has not been lawfully changed which should be through evidence, admission or refusal to take oath  [49]  . This maxim is also closely related the norm is that the status quo remains as it was before  [50]  . Example of its application is that whenever ownership of a property is confirmed by either admission of respondent or conclusive evidence, it shall be presumed to continue in Sharia law  [51]  . Also where two persons claim the ownership of a property, and both provided evidence of their ownership with date. The presumption of the ownership will be in favour of the person who provides earliest date, because he claims to own the property during a time when the plaintiff does not challenge his ownership. This will remain until the plaintiff can prove the contrary  [52]  . 3.3 The norm (in Sharia) is freedom from liability: (Al-Aà ¡Ã‚ ¹Ã‚ £lu barà £at Al-Dhimmah) A person is born free from anything; and being liable of anything is contrary to the original norm (asl) of law  [53]  . Literally, the word asl means root or source, and in the context of this maxim it means the most probable (al-rà £jih  [54]  ) evidence upon which the law relies and bases its rulings. This maxim applies to both fact and law. Regarding its application to fact, the general rule is that a person is certainly free from any obligation or liability and making him liable for something is both doubtful and a contradiction of the original state of man; being born free from any liability. Claims of liabilities such as debt, obligation that was the result of later cause will only be accepted if proved through means provided by the law. In the absence of any such proof, the Sharia regards a person to have no liability, thus making onus of proof upon the person who alleges a fact or claims it. The maxim is inspired by the Prophets Hadith, peace be upon him, in which he said: the onus of proof is on the claimant, and taking of an oath is incumbent upon him who denies.  [55]  The hadith provides that the party insisting to disprove the status quo and wants to establish a recently acquired attribute is the claimant and the onus of proof is upon him; while the party that clings on the original (asl) attribute is the defendant/respondent and upon him is the oath because he is denying the allegation.  [56]   This maxim is an equivalent to what is generally known as the presumption of innocence, though this principle is more general. The expression presumption of innocence implies that it relates principally to criminal procedure, whereas the non-liability maxim extends to civil litigation and to religious matters generally. The normative state, or the state of certainty for that matter, is that people are not liable, unless it is proven that they are, and until this proof is forthcoming, to attribute guilt to anyone is treated as doubtful. Certainty can, in other words, only be overruled by certainty, not by doubt  [57]  . The maxim provides practical solutions in cases of disputes or disagreements between parties to commercial transactions. Where, or instance, there is a disagreement between the owner and a borrower, a victim and an assailant, the statement of the accused will be accepted because the legal norm is that he is free from an excess liability  [58]  . Another example is where there is disagreement on the amount of loan between the lender and the indebted; the statement of the indebted will be presumed  [59]  . Also, the statement of an agent regarding damage to a property will be accepted, likewise regarding denial of infringement and negligence, with oath  [60]  . In law however, this maxim is often referred to as: The norm (of law) is non-existent (Al-Aà ¡Ã‚ ¹Ã‚ £lu Al-Adamu). To majority of jurists, both these principles refer to the same thing, as lack of an injunction means one is not obliged to carry it out. In other words is not liable for not doing it. A second aspect of this principle also closely related to the notion of original non-existent, is original permissibility (al-ibà £ha al-asliyyah). In this concept, everything is legal ab initio, and one will not be sanctioned for either doing or omission. Jurists refer to it as permission of the reason (Al-Ibà £h al-Aqliyyah). This implies that it is a presumption of continuation of the original non-existent of injunction base on reason (aql) rather than the words of the Law-giver. This position can as well be deduced from many verses of holy Quran according to many scholars  [61]  . An example of such verses is the saying of Allah, the Most High: Those who devour usury will not stand except as stand one whom the Evil one by his touch Hath driven to madness. That is because they say: Trade is like usury, but Allah hath permitted trade and forbidden usury. Those who after receiving direction from their Lord, desist, shall be pardoned for the past  [62]  . When taking usury was prohibited, the companions of the Prophet feared the consequence of t

1987 Constitution of the Republic of the Philippines Bill of Rights Essay

Article III enumerates the fundamental rights of the Filipino people. The Bill of Rights sets the limits to the government’s power which proves to be not absolute. Among the rights of the people are freedoms of speech, assembly, religion, and the press. An important feature here is the suspension of the privilege of the writ of habeas corpus which have three available grounds such as invasion, insurrection and rebellion. PRINCIPLES Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. – no person shall be deprived of life or principles and dignity without due Process of law or guidelines should be fair then all the protection of each. Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized. – human rights and protection to their property and themselves against the search warrant without evidence against them except to prove that when probable caus e to determine personally the judge after examination under oath or affirmation the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be taken. Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law. – The private communications and correspondence shall be inviolable except by court or when public safety requires otherwise as prescribed by law. (2). Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding. -If there is evidence that violation of this or in the next section that is impervious to any purpose. Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances. – no law can be passed or people can assemble and petition or said to the government for redress of grievances that can be able to abridging the freedom of speech or expression. Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights. -There is no law to prevent an establishment of religion, or prohibiting the free exercise of its civil or political rights. Section 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law. – The liberty of abode and of changing the same within the limits prescribed by law shall not be made except when disabled according to the law of the court, which may not be impaired except in the national or public man safety as maybe that has been provide by the law. Section 7. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law. -the human right of the information and on public concern shall be recognized, based on the records pertaining to official acts basis to government use for research documents detailed on policy development afforded by the citizen subject to such limitations as may be provided by law. Section 8. The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged. -the people including those who are employed to the private sector will form a union or associations to the built a negotiation for them that is not against the law. Section 9. Private property shall not be taken for public use without just compensation. -the private property shall not be used for public use without paying anything or allowed by the owner. Section 10. No law impairing the obligation of contracts shall be passed. -There is no law that can pass impairing to the obligation of contracts. Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty. -any person should not be denied by reason of poverty of adequate legal assistance in court. Section 12. (1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel. -any person that is been under investigation of any offence has a right to inform his right and remain silent and have competent and independent counsel on his choice, if the person cannot afford the service of counsel he must be provided with one and this right must be raised in the court. (2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited. (3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him. (4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to the rehabilitation of victims of torture or similar practices, and their families. Section 13. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before convict ion, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required. -all persons except those charged with offenses punishable by reclusion perpetua and when evidence is that he/she is guilty strong shall be bailable, has the right to bail. Section 14. (1) No person shall be held to answer for a criminal offense without due process of law. (2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused: Provided, that he has been duly notified and his failure to appear is unjustifiable. Section 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion, when the public safety requires it. Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies. Section 17. No person shall be compelled to be a witness against himself. -no person can be a witness against himself. Section 18. (1) No person shall be solely by reason of his political beliefs and aspirations. -No person only by reason of his political beliefs and aspirations. (2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted. -no person is excepted by the punishment of the crime by only involuntary servitude he should be duly convicted. Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua. (2) The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law. Section 20. No person shall be imprisoned for debt or non-payment of a poll tax -No man is a prisoner just because tax debt Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act. – Nobody was twice put in jeopardy of punishment. Section 22. No ex post facto law or bill of attainder shall be enacted. – No ex post facto law or bill of attainder is legislation. Searches – To make a thorough examination of; look over carefully in order to find something; explore. Seashore – The coast of the sea; the land that lies adjacent to the sea or ocean. Warrantless Arrest -Under the Rules of Court, Rule 113, Section 5, a warrantless arrest, also known as â€Å"citizen’s arrest,† is lawful under three circumstances: 1. When, in the presence of the policeman, the person to be arrested has committed, is actually committing, or is attempting to commit an offense. This is the â€Å"in flagrante delicto† rule. 2. When an offense has just been committed, and he has probable cause to believe, based on personal knowledge of facts or circumstances, that the person to be arrested has committed it. This is the â€Å"hot pursuit† arrest rule. 3. When the person to be arrested is a prisoner who has escaped from a penal establishment. In flagrante delicto warrantless arrest should comply with the element of immediacy between the time of the offense and the time of the arrest. For example, in one case the Supreme Court held that when the warrantless arrest was made three months after the crime was committed, the arrest was unconstitutional and illegal. Warrantless Searches -Our law on search and seizure has essentially been de,-eloped and refined from the injunction in our Constitution that† [t]he right of the people to be secure in their persons, houses, papers, and effects against unreasonable ~earc es and seizures of whatever nature and for any purpose shall not be violated.†]’ The injunction, however is qualified in terms: what is proscribed are only unreasonable searches and seizures. The Constitutional prohibition therefore readily translates itself into a â€Å"reasonableness† test. search warrant or warrant of arrest shall issue except upon probable cause to be determined by the judge, or such other responsible officer as may be authorized by law, after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched, and the persons or things to be seized.† Definition of bail- the temporary release of an accused person awaiting trial, sometimes on condition that a sum of money is lodged to guarantee their appearance in court: (he has been released on bail money paid by or for someone in order to secure their release on bail:they feared the financier would be tempted to forfeit the  £10 million bail and flee) Philippine Writ of Amparo Definition and nature: The writ of amparo is a remedy available to any person whose right to life, liberty, and security has been violated or is threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. The writ covers extralegal killings and enforced disappearances or threats thereof.(Sec. 1, Rule on the Writ of Amparo, A.M. No. 07-9-12-SC, 25 September 2007), The word â€Å"Amparo† is a Spanish term which means â€Å"protection†. Writ of Habeas Corpus – is a writ (legal action) which requires a person under arrest to be brought before a judge or into court.[1][2] This ensures that a prisoner can be released from unlawful detention—that is, detention lacking sufficient cause or evidence. The remedy can be sought by the prisoner or by another person coming to the prisoner’s aid. This right originated in the English legal system, and is now available in many nations. It has historically been an important legal instrument safeguarding individual freedom against arbitrary state action. Double jeopardy -is a procedural defence that forbids a defendant from being tried again on the same (or similar) charges following a legitimate acquittal or conviction. In common law countries, a defendant may enter a peremptory plea of autrefois acquit or autrefois convict (autrefois means â€Å"previously† in French), meaning the defendant has been acquitted or convicted of the same offence. Self-incrimination -is the act of accusing oneself of a crime for which a person can then be prosecuted. Self-incrimination can occur either directly or indirectly: directly, by means of interrogation where information of a self-incriminatory nature is disclosed; indirectly, when information of a self-incriminatory nature is disclosed voluntarily without pressure from another person.

Culture and Gender

The Kingdom of Saudi Arabia adheres to strict Koran laws. Among them is the veiling of women, structuring of their work and lives away from men, and driving (Wikipedia, 2007). Though education in the West is slowly changing this, it is not in any way translated to policy changes or reforms (Bradley, 2006). We aim to ink a deal with the Saudi government for the setting-up of a supermarket chain. To be successful, the negotiators must show respect to the country’s laws and norms. The Saudi government- through the religious police- is the primary proponent and advocate of strict laws and norms pertaining to women hence they should be dealt with sensitively. I choose the budding male executive over the veteran female to head the team. In the country, women are not expected to work in positions which allow them to interact with men. Sending a woman as head of the negotiating team would be an insult to the Saudis with their deeply-entrenched conservative values. Should the CEO insist on sending her, I will ensure that she will not be the front liner. She will still head the negotiations but the spokesman will be the male executive. She will still make the decision but through the latter. My decision will send a message to within and outside the company that we are serious in our business transactions.   It is by complying with the norms and laws of wherever you do business which wins deals. As a leader, it will show my flexibility in matters not wholly congruent to traditional norms of conducting business. Part II- Power Corruption Cycle Power Corruption Cycle is an organizational phenomena characterized by the use of rank to intimidate or bribe the lower-echelons to allow an illegitimate or corrupt practice to happen and/or continue. When the latter become managers or executives themselves, they apply the same corrupt practices which also influence those with lower positions. This cycle- if uninterrupted by new management- would go on and on. It poisons an organization in that the quality of service/s and/or products will be compromised which will eventually lead to its downfall. An example is on the awarding of contracts to bidders in government projects. The members of the bids and awards committee are all corrupt and have a mutual understanding of granting the contract not to the one which offers the premium bid but to the one who can offer the largest kickback. A young, newly-hired assistant to the committee intends to follow stated rules in bidding but soon finds out about the â€Å"unwritten rules†. He is co-opted and fits permanently into the organization. The people- recipients of developmental projects- suffer through sub-standard infrastructure and incoherent development projects and services. This leads to mistrust and enmity towards the government which will create a longing in society to reform, if not replace the government in power and/or the system. ReferenceBradley, J. (2006). Saudi Arabia exposed: Inside a kingdom in crisis. NY: Palgrave Macmillan. Wikipedia Online Encyclopedia. 2007. Islam in Saudi Arabia. Retrieved Feb. 13, 2008, from http://en.wikipedia.org/wiki/Islam_in_Saudi_Arabia#Islamism_in_Saudi_Arabia.      

Children Are A Vital Component Of Our Country Essay

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