
	Where results make sense

Topic: Abrogation doctrine

Related Topics

Sovereign immunity

Royal prerogative

British Parliament

Privy Council

State Opening of Parliament

British monarchy

House of Lords

1936

In the News (Tue 14 Feb 12)

EXECUTIVE POWER

Iran

ANALYSIS

Pakistan

Family compact

	Abrogation doctrine - Wikipedia, the free encyclopedia
		The abrogation doctrine is a doctrine in United States constitutional law which permits the U.S. Congress to allow lawsuits seeking monetary damages against individual U.S. states when Congress acts pursuant to powers delegated to it by amendments subsequent to the Eleventh Amendment.
		The doctrine was first announced by the United States Supreme Court in a unanimous decision written by Justice Rehnquist, Fitzpatrick v.
		The Court has also found that Congress may only abrogate state immunity with respect to causes of action that are created under constitutional provisions that expand the power of Congress with respect to the states.
	en.wikipedia.org /wiki/Abrogation_doctrine (412 words)

	[No title]
		Twelve states had extended the doctrine in one of the following three ways: (1) by imposing joint and several liability;[85] (2) by imposing primary liability on the spouse who incurred the debt and secondary liability on the other spouse;[86] or (3) by imposing primary liability on the husband and secondary liability on the wife.
		By allowing spouses to cover their individual debts, abrogation of the doctrine permits those spouses who have a reason to refuse or who maintain separate finances to structure their marriage and finances as they choose, rather than structure them upon the philosophy of the legislature or the judiciary.
		No form of the doctrine, whether it imposes joint and several liability, primary liability on the spouse who incurred the debt, or primary liability on the husband, is an acceptable alternative in a rapidly changing society in which families should be free to merge or separate their financial resources as they deem fit.
	www.law.fsu.edu /journals/lawreview/frames/244/willtxt.html (5636 words)

	Abrogation : Encyclopaedia of the Qurʾān : Brill Online
		Since abrogation is solely the prerogative of the lawgiver, it may be argued that it must be indicated before the death of the Prophet who mediated the laws supplied in the Qurʾān and sunna.
		The latter had to be vigorously defended by appeal to the analogy of external abrogation, to verses in the Qurʾān and by reference to alleged instances of abrogation.
		The claim that abrogation, understood as the cancellation of a legal ordinance, was solidly rooted in the revelation was connected with the appropriation of the qurʾānic root n-s-kh as a technical term.
	www.brillonline.nl /public/abrogation (4604 words)

	Islam Review - Presented by The Pen vs. the Sword Featured Articles . . . Islam: the Facade, the Facts The rosy picture ...
		It is titled "al-Nasikh wal-Mansoukh" (The Abrogator and the Abrogated) and was authored by the revered Muslim scholar Abil-Kasim Hibat-Allah Ibn-Salama Abi-Nasr.
		Surahs that were not influenced by applications of the doctrine of the Abrogator and the Abrogated.
		An example of the abrogation: There are 124 versus that call for tolerance and patience that have been cancelled and replaced by one, single verse.
	www.islamreview.com /articles/quransdoctrine.shtml (2040 words)

	Comments on Commentators (Site not responding. Last check: 2007-11-05)
		Two issues are used as case studies in commentary: (1) the doctrine of abrogation, and (2) allegations of suppression or alteration of previous revelations.[2] Both play a central role either in commenting, or in understanding the Qur'an itself.
		In defence of abrogation, Tabataba'i tells us that "in the Qur'an, the abrogating verses mark the end of the validity of the abrogated verses because their heed and effect was of a temporary or limited nature.
		As for the abrogating verse being read before the abrogated one, even if this were permissable in general, still, it is considered to be a poor arrangement, and the word of God must be free from such defects, to the extent possible.
	www.rim.org /muslim/clear.htm (6979 words)

	U.S. Copyright Office: State Sovereign Immunity
		Rather, what is required for congressional abrogation of state sovereign immunity is that the federal statute be "unmistakably clear" that States are included in the defendant class.
		It is unclear whether the abrogation must be flexible so as to apply only to States that provide no remedy at the time a particular suit is brought (or for the entire duration of a suit), or whether the availability of remedies at the time of enactment permanently defines the scope of the abrogation.
		Additionally, an abrogation provision drafted so as to maximize its chances of surviving judicial scrutiny by requiring individual plaintiffs to demonstrate a deprivation of property without due process, thus obviating the need for extensive legislative findings, might be impractical for individual litigants and thus ineffective.
	www.copyright.gov /docs/regstat72700.html (8121 words)

	The Doctrine of Abrogation
		This doctrine has its origin in two verses of the Qur'an: "We do not abrogate any verse or cause it to be forgotten unless We substitute for it something better or similar; do you know that God has power over all things?" (2.100).
		That there are cases of abrogation in the Qur'an is undisputed, but the authorities differ widely in identifying the abrogated verses, some limiting their number to as few as 5, others pointing to as many as 225.
		By far the greatest number of verses held to have been abrogated are those which counsel the Prophet to be patient with the unbelievers and to remember that he is no more than a warner, leaving the punishment of recalcitrants to God.
	www.mc.maricopa.edu /~tomshoemaker/handouts/abrogation.html (654 words)

	Ahmad, Allah, and Abrogation
		"There is nothing to be ashamed of in the doctrine of certain laws, temporary or local, being superseded or abrogated by certain other laws, permanent and universal, and enacted by the same law-giver, specially during the course of the promulgation of that law.
		This is the presence of abrogating and abrogated verses in the Qor'an.
		Some of the abrogations may not be serious contradictions, were it not for the claim that the Qur'an is "nazil" which means "brought down" from heaven without the touch of human hand.
	www.answering-islam.org /Silas/abrogation.htm (4458 words)

	Bible; books of the Bible, Old Testament manuscript evidence, dead sea scrolls, ancient New Testament manuscripts (Site not responding. Last check: 2007-11-05)
		Abrogation of God’s revelation by a subsequent revelation is not consistent with the wisdom, truthfulness, perfect knowledge, and foreknowledge of the living almighty God.
		In fact, the doctrine of short term abrogation of revelation encourages the rise of false prophets, for if a false prophet provides a teaching that is later proven wrong, or his listeners later object to it, he could then abrogate it to suit the situation claiming that God abrogated it.
		One major problem with the doctrine of abrogation is that it causes confusion and disagreements in qualifying and pinpointing the abrogating and the abrogated verses.
	3lotus.com /en/Christianity/Bible.htm (7460 words)

	Shaping of the Quranic : Chapter 6, Bell's Introduction to the Quran
		The idea underlying the doctrine is that certain commands to the Muslims in the quran QurŸån were only of temporary application, and that when circumstances changed they were abrogated or replaced by others.
		The use of the word 'abrogate' (yansakhu) in this passage differs from its usage in the theory of abrogation, for in the latter the abrogated verses are still retained as part of the quran QurŸån.
		In passing it may be noted that the retention of abrogated verses in the text of the quran QurŸån as we have it is a confirmation of the accuracy of the text, since it shows that later textual scholars did not remould it in accordance with their own conceptions.
	www.truthnet.org /islam/Watt/Chapter6.html (7642 words)

	The Problem of Abrogation in the Quran
		The concept of "abrogation" in the Quran is that Allah chose to reveal ayat (singular ayah – means a sign or miracle, commonly a verse in the Quran) that supercede earlier ayat in the same Quran.
		Moving on, an example dealing with Quran and Sunnah abrogation, I found the punishment for fornication and adultery rather interesting, because of the implication that either the Quran had ayahs missing, lost or forgotten from it or that the Sunnah had abrogated the Quran.
		Abrogation was abrogating older scriptures – Torah and Injil and not the Quran.
	www.answering-islam.org /Authors/Farooq_Ibrahim/abrogation.htm (3711 words)

	History News Network (Site not responding. Last check: 2007-11-05)
		According to that doctrine, the Koran is a rolling revelation - that is, Allah's word was revealed in stages.
		By virtue of the doctrine of abrogation, that which is later supercedes, to the extent there is an inconsistency, that which went before.
		The doctrine of abrogation itself comes from an interpretation of a verse in a sura in the Koran.
	hnn.us /comments/65700.html (321 words)

	JOHN C. CALHOUN BECOMES THE TENTH JUSTICE: STATE SOVEREIGNTY, JUDICIAL REVIEW, AND ENVIRONMENTAL LAW AFTER JUNE 23, 1999
		This doctrine, the author contends, represents a revival of the Calhounian nullification doctrine which was a primary intellectual underpinning of southern secession in the last century.
		The abrogation must be supported by evidence on the record which demonstrates extensive evil to be corrected.
		States also have a second arrow in their quiver because the jurisdictional statute, 28 U.S.C. § 1255, does not abrogate of the Eleventh Amendment, explicitly or otherwise, and the Quartet clearly states that Article III is modified by the Eleventh Amendment.
	www.bc.edu /bc_org/avp/law/lwsch/journals/bcealr/27_2/01_TXT.htm (10725 words)

	U.S. Copyright Office: Intellectual Property Restoration Act
		The third and final element of the bill is a codification of the judicially-made rule that notwithstanding the State's immunity, state employees may be enjoined by Federal courts from engaging in illegal activity, such as infringement of copyrights.
		The reasoning the Court followed was that state employees are covered by the umbrella of the State's sovereign immunity only to the extent they are acting within the scope of their official duties.
		Despite the long-standing recognition of this doctrine, some fear that the recent judicial supercharging of state sovereign immunity may be extended to nullify this venerable rule.
	www.copyright.gov /docs/regstat061703.html (3772 words)

	Chapter 2
		Understanding the application of Abrogation as it is used in interpreting the Qur’an is critical to this study.
		An example of this abrogation is 24:2 which abrogates the punishment of adultery, (q.v.) stated in 4:15-16.
		The revered work "al-Nasikh wal-Mansukh" (The Abrogator and the Abrogated) deals in great detail with many subject matters addressed in the Qur’an wherein there appears to be some conflict or contradiction.
	electionguide.info /chapter_2.htm (8214 words)

	Contribution to Islamic Thought
		Refuting the doctrine of abrogation in the Quran
		Rejecting the doctrine of abrogation, the Ahmadiyya Movement stands for a complete Quran, in which nothing is abrogated and from which nothing has been left out.
		The doctrine of the finality of prophethood, according to which no prophet can come after the Holy Prophet Muhamad, is a conclusive proof of the truth of this interpretation, but it is further supported by the very hadith which speaks of the advent of the Messiah.
	www.muslim.org /intro/thought.htm (2648 words)

	Mind Renewal Communications
		The doctrine of the Trinity is understood as a strong declaration of the essential unity of God.
		The Islamic case for the abrogation of Christianity has many elements, from claims for Islam being the original religion, to assertions that all true prophets have taught Islam, to charges that the biblical texts have been corrupted and biblical doctrines distorted by Jews and Christians.
		The Revelation, of which Bahá'u'lláh is the source and center, abrogates none of the religions that have preceded it, nor does it attempt, in the slightest degree, to distort their features or to belittle their value.
	home.pcisys.net /~mindrenewal/islam_abrogation.html (12646 words)

	SAQ, Abrogation
		Some passages in the Quran have been abrogated by other verses that were revealed later.
		Because of this doctrine, great importance is placed on the time that the verse was revealed.
		A passage that was revealed in Medina, for example, may modify or even supplant one that was revealed earlier in Mecca.
	www.skepticsannotatedbible.com /quran/topics/abrogation.html (80 words)

	FrontPage magazine.com :: Still Standing for Islam - and Against Terrorism by Mustafa Akyol (Site not responding. Last check: 2007-11-05)
		He is right in pointing out that such a dangerous doctrine of abrogation exists, but wrong in accepting it as the legitimate way of understanding the Koran.
		The doctrine of abrogation is actually a late invention, introduced by some classical jurists during the fourth century (late 10
		We should build the modern Islamic doctrine of politics based on Meccan verses, since the original Islamic model of mutual tolerance — which did not work in Mecca because of the bigotry of the Pagan establishment — does work in the modern world in which religious freedom is firmly established.
	www.frontpagemag.com /Articles/ReadArticle.asp?ID=15416 (2690 words)

	America at War ~ An interview with Lt. Col. Tom Pardue Sr. (USA Ret.)
		On the other hand in our foreign interventions we are unwittingly carrying out a Roman catholic doctrine, the doctrine of "subsidiarity." This doctrine was defined by Pope John XXIII in "Pacem in Terris, Encyclical on Establishing Universal Peace in Truth, Justic, Charity, and Liberty." (April 11, 1963).
		This doctrine in the words of the pope: "This means that the worldwide public authority must tackle and solve problems of an economic, social, political or cultural character which are posed by the universal common good.
		Many Islamic scholars testify that all of the peaceful verses are abrogated under the abrogation doctrine expressed in Surah 2:106 which says "Such of our revelation as we abrogate or cause to be forgotten, we bring (in place) one better or the like thereof." The acts of the Muslims prior to the Crusades validate this.
	www.salemthesoldier.us /pardue_interview.html (4735 words)

	The Qur'an is not a miracle; linguistic, scientific and historical problems, contradictions, abrogation, and satanic ...
		This claim, that the Qur’an is the unchanging word of God written on a preserved tablet in eternity, clearly contradicts the doctrine of abrogation (changing the Qur’an) that the Qur’an introduces: “If we abrogate a verse or cause it to be forgotten, we will replace it with a better one or one similar.
		The Qur’an institutes the doctrine of abrogation of formal revelations (al-Baqarah 2: 106; al-Nahl 16: 101; al-Ra’d 13: 39).
		As a result of this doctrine, the credibility of the alleged revelations is compromised, and its divine origin is doubted.
	3lotus.com /en/Islam/Quran-Not-a-Miracle.htm (9815 words)

	Uthman's Rearrangement of the Chronological (as revealed) Koran's Chapters (Site not responding. Last check: 2007-11-05)
		The effect of the changes on the record of Mohammed's preaching and teaching is described and followed by a discussion of the doctrines of 'Abrogation' and of 'Consensus' in relation to Mohammed's teachings.
		Again, the four suras which contain verses justifying or permitting 'abrogation' were also moved from near the end of the chronological sequence of suras to near the beginning of the Koran.
		But then others held that the doctrine meant that one verse of the Koran can abrogate another and that one would need to have a direct statement of the Prophet or of one of the Companions to this effect.
	www.solbaram.org /articles/islam05.html (2750 words)

	Creed of the Sword
		Allah’s pardon for the disbelievers was repealed It was abrogated by the verse of the sword.
		The resulting doctrine of war has been elaborated by numerous Muslim scholars, including the great medieval philosopher Ibn Khaldun, who like the Saudi Arabian Grand Mufti, adhered to the ‘three option’ theory: “To discuss or argue with them is not up to us.
		For centuries the validity of the doctrine of expansionist jihad just seemed self-evident to Muslim scholars, as it was validated by the military victories it had delivered across the greater part of the Christian world, as well as Zoroastrian Persia and Hindu India.
	jmm.aaa.net.au /articles/18511.htm (1506 words)

	Abrogation - IslamMessage (Site not responding. Last check: 2007-11-05)
		The problem with understanding abrogation the way it is introduced as annuling a rule which is false.
		What is the use of revealing an Ayah that sets certain rules, then abrogate which means literally annuls the rule as being valid and replace it with another rule, yet the first rule remains in the book but not used.
		Those who call this abrogation miss the point that there is not change of rule or any contradiction but rather a warning from Allah for us to take His Capabilities well in consideration.
	www.islammessage.com /bb/index.php?showtopic=2611 (5248 words)

	National Indian Law Library, Indian Law Bulletins, Unreported Case, Seneca Niagara Falls Gaming Corporation v. Klewin ...
		The plaintiff's primary basis for its motion to dismiss is that the Klewin defendants' counterclaims are barred by the doctrine of sovereign immunity.
		It is well established that, absent a clear and unequivocal waiver by an Indian tribe or a congressional abrogation, the doctrine of sovereign immunity bars suit against a tribe.
		Inasmuch as the court has found that the counterclaims are barred by the doctrine of sovereign immunity, it is not necessary for the court to address this issue.
	www.narf.org /nill/bulletins/state/unreported/seneca.htm (2701 words)

	Yashua's People of the Messianic Hebrews and Messianic Jews
		What does it mean to Judaize if not that faithful men of Elohim resisted Constantine's edicts and persisted in the doctrines which were once and for all delivered to the saints.
		This is among the best historical proofs we can have regarding Irishmen and Scots keeping the Passover Feast Day, yearly, on a different date than that of the Roman or Italian Catholic tradition because, they asserted, this was how they received it from those who themselves had received the tradition from, probably, the Apostles themselves.
		He who reads with intelligence surely knows that nowhere in the Bible has it ever been given to the Apostles, or any man for that matter, the right to add or retract from Elohim's words or commands.
	www.hebrewmessianic.org /law_abrogation.htm (1750 words)

	Abrogation - Wikipedia, the free encyclopedia
		Look up abrogation in Wiktionary, the free dictionary.
		Abrogation doctrine, a doctrine in United States constitutional law
		Naskh (exegesis) (Arabic for abrogation), a genre of Islamic exegesis dealing with the problem of seemingly conflicting legal material
	en.wikipedia.org /wiki/Abrogation (105 words)

Try your search on: Qwika (all wikis)