Judicial Activism of the Shari\u27ah Appeals Court in Israel (1994 - 2001): Rise and Crisis

The main thesis of this Article is that after 1994, with the nomination of new qadis to the Shari‘ah Court, a process of judicial activism began, which continues until this day. This process has been characterized by the qadis\u27 attempts to strengthen the position of the Shari‘ah Appeals Court. In some fields the qadis\u27 activism has been more successful than in others. Recently however, it seems that the Shari‘ah system is undergoing a crisis. The author will analyze the actions of the Shari‘ah Appeals Court on several parallel levels: (1) the strengthening of its position compared with those of the civil courts and the regional Shari‘ah Courts; and (2) a symbolic strengthening of its position in relation to (i) Israeli Law; (ii) the litigants and their attorneys; and (iii) the Muslim public. The author will then analyze the current crisis of the Shari‘ah system and the need for reform. The author will focus upon the internal dynamics of the Shari‘ah Court of Appeals, the interaction of its different actors, and suggest reforms to be made that will strengthen the legitimacy of its position in relation to the State of Israel and with the Muslim populous. Before proceeding to the analysis, however, some background regarding the religious Muslim world in Israel is necessary

La diversité de points de vue des auteurs musulmans sur la dissimulation du visage

Nous examinerons successivement dans cet article la position des juristes de trois écoles juridiques sunnites, les opinions des auteurs salafistes contemporains et la position du cheikh al-Qaradawi, avant d’exposer le point de vue des coranistes, particulièrement celle de Jamal al-Bana. En étudiant les opinions des auteurs musulmans sur la question de la dissimulation du visage, il ressort, tant chez les auteurs classiques que chez les auteurs contemporains, une absence d’unanimité, y compris au sein de chaque courant.In this article we examine the positions of the jurists of three Sunni legal schools, the opinions of contemporary Salafi authors and the position of Sheikh Yusuf al-Qaradawi before turning to the views held by Qur’anists, particularly those of Gamal al-Banna. Studying the opinions of the Muslim authors on the issue of the covering of the face allows discerning that there is apparently a lack of unanimity among both classical and contemporary authors, even within each current

La protection de la liberté religieuse des minorités en Israël

How much importance is the freedom of religion given by the State of Israel? What, specifically, is the treatment which the legal system of the Jewish state metes out to religious, especially Moslem and Catholic, minorities? These are the central questions tackled in this article. Initially the meaning of religious freedom according to international charters is tackled. Then the focus shifts to the significance attributed to religious freedom by Israeli law, which sees it as a fundamental principle of the state of Israel. However effectively protecting this freedom also necessitates the protection of the minority groups to which individuals belong; especially when these minorities are not only religious minorities but also ethnic, linguistic or national minorities. The protection of the religious freedom of minorities in Israel becomes more problematic when certain specific, albeit fundamental, expressions of this freedom are at stake (examples include the right to adopt the religion of one's choice, the right to convert and the right to manifest one's religious affiliation). Through an analysis of those specific situations in which protecting the religious freedom of minorities creates conflicts with the religion of the majority, the prevailing tendency to favour the Jewish religion is documented. The author particularly denounces the ignorance of Islamic religious prescriptions displayed by Israeli court judgements. The article concludes with a detailed and historically informed analysis of the legal protection given to the Catholic minority.peer-reviewe

Technical Aspects and Clinical Limitations of Sperm DNA Fragmentation Testing in Male Infertility: A Global Survey, Current Guidelines, and Expert Recommendations

PURPOSE: Sperm DNA fragmentation (SDF) is a functional sperm abnormality that can impact reproductive potential, for which four assays have been described in the recently published sixth edition of the WHO laboratory manual for the examination and processing of human semen. The purpose of this study was to examine the global practices related to the use of SDF assays and investigate the barriers and limitations that clinicians face in incorporating these tests into their practice. MATERIALS AND METHODS: Clinicians managing male infertility were invited to complete an online survey on practices related to SDF diagnostic and treatment approaches. Their responses related to the technical aspects of SDF testing, current professional society guidelines, and the literature were used to generate expert recommendations via the Delphi method. Finally, challenges related to SDF that the clinicians encounter in their daily practice were captured. RESULTS: The survey was completed by 436 reproductive clinicians. Overall, terminal deoxynucleotidyl transferase deoxyuridine triphosphate Nick-End Labeling (TUNEL) is the most commonly used assay chosen by 28.6%, followed by the sperm chromatin structure assay (24.1%), and the sperm chromatin dispersion (19.1%). The choice of the assay was largely influenced by availability (70% of respondents). A threshold of 30% was the most selected cut-off value for elevated SDF by 33.7% of clinicians. Of respondents, 53.6% recommend SDF testing after 3 to 5 days of abstinence. Although 75.3% believe SDF testing can provide an explanation for many unknown causes of infertility, the main limiting factors selected by respondents are a lack of professional society guideline recommendations (62.7%) and an absence of globally accepted references for SDF interpretation (50.3%). CONCLUSIONS: This study represents the largest global survey on the technical aspects of SDF testing as well as the barriers encountered by clinicians. Unified global recommendations regarding clinician implementation and standard laboratory interpretation of SDF testing are crucial

Controversy and Consensus on Indications for Sperm DNA Fragmentation Testing in Male Infertility: A Global Survey, Current Guidelines, and Expert Recommendations

Purpose: Sperm DNA fragmentation (SDF) testing was recently added to the sixth edition of the World Health Organization laboratory manual for the examination and processing of human semen. Many conditions and risk factors have been associated with elevated SDF; therefore, it is important to identify the population of infertile men who might benefit from this test. The purpose of this study was to investigate global practices related to indications for SDF testing, compare the relevant professional society guideline recommendations, and provide expert recommendations. Materials and Methods: Clinicians managing male infertility were invited to take part in a global online survey on SDF clinical practices. This was conducted following the CHERRIES checklist criteria. The responses were compared to professional society guideline recommendations related to SDF and the appropriate available evidence. Expert recommendations on indications for SDF testing were then formulated, and the Delphi method was used to reach consensus. Results: The survey was completed by 436 experts from 55 countries. Almost 75% of respondents test for SDF in all or some men with unexplained or idiopathic infertility, 39% order it routinely in the work-up of recurrent pregnancy loss (RPL), and 62.2% investigate SDF in smokers. While 47% of reproductive urologists test SDF to support the decision for varicocele repair surgery when conventional semen parameters are normal, significantly fewer general urologists (23%; p=0.008) do the same. Nearly 70% would assess SDF before assisted reproductive technologies (ART), either always or for certain conditions. Recurrent ART failure is a common indication for SDF testing. Very few society recommendations were found regarding SDF testing. Conclusions: This article presents the largest global survey on the indications for SDF testing in infertile men, and demonstrates diverse practices. Furthermore, it highlights the paucity of professional society guideline recommendations. Expert recommendations are proposed to help guide clinicians

Technical aspects and clinical limitations of sperm DNA fragmentation testing in male infertility: A global survey, current guidelines, and expert recommendations

Purpose Sperm DNA fragmentation (SDF) is a functional sperm abnormality that can impact reproductive potential, for which four assays have been described in the recently published sixth edition of the WHO laboratory manual for the examination and processing of human semen. The purpose of this study was to examine the global practices related to the use of SDF assays and investigate the barriers and limitations that clinicians face in incorporating these tests into their practice. Materials and Methods Clinicians managing male infertility were invited to complete an online survey on practices related to SDF diagnostic and treatment approaches. Their responses related to the technical aspects of SDF testing, current professional society guidelines, and the literature were used to generate expert recommendations via the Delphi method. Finally, challenges related to SDF that the clinicians encounter in their daily practice were captured. Results The survey was completed by 436 reproductive clinicians. Overall, terminal deoxynucleotidyl transferase deoxyuridine triphosphate Nick-End Labeling (TUNEL) is the most commonly used assay chosen by 28.6%, followed by the sperm chromatin structure assay (24.1%), and the sperm chromatin dispersion (19.1%). The choice of the assay was largely influenced by availability (70% of respondents). A threshold of 30% was the most selected cut-off value for elevated SDF by 33.7% of clinicians. Of respondents, 53.6% recommend SDF testing after 3 to 5 days of abstinence. Although 75.3% believe SDF testing can provide an explanation for many unknown causes of infertility, the main limiting factors selected by respondents are a lack of professional society guideline recommendations (62.7%) and an absence of globally accepted references for SDF interpretation (50.3%). Conclusions This study represents the largest global survey on the technical aspects of SDF testing as well as the barriers encountered by clinicians. Unified global recommendations regarding clinician implementation and standard laboratory interpretation of SDF testing are crucial

Controversy and consensus on the management of elevated sperm DNA fragmentation in male infertility: A global survey, current guidelines, and expert recommendations

Purpose Sperm DNA fragmentation (SDF) has been associated with male infertility and poor outcomes of assisted reproductive technology (ART). The purpose of this study was to investigate global practices related to the management of elevated SDF in infertile men, summarize the relevant professional society recommendations, and provide expert recommendations for managing this condition. Materials and Methods An online global survey on clinical practices related to SDF was disseminated to reproductive clinicians, according to the CHERRIES checklist criteria. Management protocols for various conditions associated with SDF were captured and compared to the relevant recommendations in professional society guidelines and the appropriate available evidence. Expert recommendations and consensus on the management of infertile men with elevated SDF were then formulated and adapted using the Delphi method. Results A total of 436 experts from 55 different countries submitted responses. As an initial approach, 79.1% of reproductive experts recommend lifestyle modifications for infertile men with elevated SDF, and 76.9% prescribe empiric antioxidants. Regarding antioxidant duration, 39.3% recommend 4–6 months and 38.1% recommend 3 months. For men with unexplained or idiopathic infertility, and couples experiencing recurrent miscarriages associated with elevated SDF, most respondents refer to ART 6 months after failure of conservative and empiric medical management. Infertile men with clinical varicocele, normal conventional semen parameters, and elevated SDF are offered varicocele repair immediately after diagnosis by 31.4%, and after failure of antioxidants and conservative measures by 40.9%. Sperm selection techniques and testicular sperm extraction are also management options for couples undergoing ART. For most questions, heterogenous practices were demonstrated. Conclusions This paper presents the results of a large global survey on the management of infertile men with elevated SDF and reveals a lack of consensus among clinicians. Furthermore, it demonstrates the scarcity of professional society guidelines in this regard and attempts to highlight the relevant evidence. Expert recommendations are proposed to help guide clinicians

Les accords de Mytilène de 1901 et l’agrément de Constantinople de 1913

L’Empire ottoman n’a pas pu suivre la modernité. L’effort de réformes connues sous le nom de Tanzimat n’a pas pu arrêter son exploitation par les puissances. La révolte des Jeunes-Turcs n’a pas été non plus de grand secours. L’Empire s’affaiblit progressivement jusqu’à sa chute finale après la Première Guerre mondiale. Cette idée d’affaiblissement progressif peut être illustrée par l’examen de deux accords conclus entre la France et l’Empire ottoman. Le premier est passé en 1901 et il est con..