Sunday, January 26, 2020

Introduction to Sikhism

Introduction to Sikhism Among all the religion found in the world, Sikhism is the youngest religion and is about 500 years old. This religion today has over 27 million people worldwide and is the worlds fifth largest religion. Sikhism was founded by the first Guru of the Sikhs, Siri GuruNanalDevJi. The following nine Gurus that succeeded the first Guru nurtured and developed his ideas and teachings. The tenth guru whom is also the last Guru of the Sikh, Sri Guru Granth SahibJi, brought to an end to the line of human Gurus and is installed as the permanent Guru of the Sikhs. The Holy Scriptures which included the writings of the Ten Gurus and their disciples only talks about one almighty god, WAHEGURU. The Sikhs do not believe in anything else, but their one and only god. However, the Sikhs have accepted that there are lots of names of God. Sikhs are taught to remain a free life and respect all religions. The homeland of Sikhs is Khalistan and it means land of pure people. Currently it is under the rule of the Indian government. The Sikhs rebelled in 1984 to get independence from the Indian government to get freedom and a separate country. To stop the freedom movement, the Indian government mobilizes the army to attack Darbar Sahib, the holiest shrine of Sikhs under an operation called Operation Blue Star. The freedom movement is still active and the Sikhs are struggling to get the free country Khalistan. 1.0 History In Sikhism history, Women are considered low in society and were treated as a servant and nothing more than an entertainer. There were also considered as seducers and distraction of spiritual path, treated badly among men and women. Besides that, in marriage, the man is allow to remarry to another women and the women was not allowed to remarry and if they do, they rather burn themselves on her husbands funeral (Sati) as low rankings do not deserve another man and only one. Also, child marriage is quite popular that time. Child marriage means children were force to marry their chosen fiancà ©e from the age of thirteen or so. Furthermore, women are not allowed to carry their family names and that causes the father of the family to throw baby girls into the streets. However, everything changed during 1469-1708, when one of the ten gurus, Guru Nanak came here to the rescue. This happens when he found out that, many women is worthy equally on man. Thus, Guru Nanak plans to declare women are equal to man. Of course men disagree with this and therefore, Guru Nanak spoke wise words to settle them down, one of this hymns are: From woman, man is born; within woman, man is conceived; to woman he is engaged and married. Woman becomes his friend; through woman, the future generations come. When his woman dies, he seeks another woman; to woman he is bound. So why call her bad? From her, kings are born. From woman, woman is born; without woman, there would be no one at all. O Nanak, only the True Lord is without a woman. That mouth which praises the Lord continually is blessed and beautiful. O Nanak, those faces shall be radiant in the Court of the True Lord. Although, Guru Nanak words are logical and fair, the society only realized this after the guru passed away. Although he sacrifices his life, his effort was not wasted and thanks to his effort, women nowadays stand equally to men and were given opportunity to do the impossible from the past. Nowadays, many women participate in work, education even at the battlefield. 2.0 The 10 Gurus Guru Nanak Dev Ji Guru Nanak Dev Ji, the first Sikh guru, was born in 1469 in Talwandi. Guru Ji was always ready to help the poor and he served food to them. In fact, Guru Ji often invited the needy and the poor into his house. Guru Nanak Dev Ji took four long journeys. On these journeys, Guru Ji got many followers and was able to relate his message to many people. When Guru Ji left this world at the age of 70, in 1539, he had laid down the foundations for a great religion. (Guru Nanak Dev Ji also taught us that there is one God and he is the Truth and Ultimate Reality. God has created the universe and he is everywhere.) Siri Guru Angad Dev Ji Guru Angad was born in 1504 A.D. at Sarai Matta in Ferozepur district of the Punjab (India). Before becoming the Guru, his name was Lehna. When guru Angad Dev ji left this world, His soul crane-like flew crying in the midair for his Beloved that had passed the limit of the sky.   Months elapsed, and no one knew where Guru Angad of the people was. (Like Guru Nanak, Guru Angad and the subsequent Gurus selected and appointed their successors by completely satisfying themselves about their mystic fitness and capacity to discharge the responsibilities of the mission.) Siri Guru Amardas Ji Guru Amar Das was born in 1479 at Basarke village in Amritsar District. He is the disciple of Guru Angad Dev Ji that who the second guru in Sikhism is. Guru Amar Das purchased some land in Goindwal and laid the foundation of a Bawli (a well with descending steps) in 1559. Guru Amar Das proclaimed, Gods summons had come.   Let there be no mourning when I have gone. Sing Gods praises, read Gurbani, hear Gurbani and obey Gods will.   In 1574, Guru Amar Das left for his heavenly abode and the spirit blended with the Master spirit. (Guru Amar Das to believe that all persons, high or low, rich or poor, Brahmans or Sudras, king or the commoner, and Hindus or Muslims, must sit in the same row as equals to dine in the Gurus langar.) Siri Guru Ramdas Ji Guru Ramdas was born in Lahore into a Sodhi Khatri family residing in Mohalla Chuna Mandi in 1534A.D. Guru Ram Das acquired land falling in tung, Gumlata and Sultan Wind villages in 1574 A.D. and started the digging of the tank. Guru Amar Das installed him as Guru in 1574 A.D. Guru Ram Das left his old headquarters at Goindwal.   After a few days He left this world in 1581.   (Guru Ram Das started the digging work near Dukh Bhanjni Beri and the digging of   the tank was taken up in 1586 A.D.) Siri Guru Arjan Dev Ji Guru Arjan was born in Goindwal, a small town in Amritsar district, in 1563. Guru Arjan Dev built another great temple some twelve miles away from Amritsar and called it Taran Taaran; otherwise Guru Arjan Dev was that interested people were passing compositions of their own as those of the Masters. But The Fifth and the Sixth Gurus had done nothing beyond the extension and development of the foundations laid and the organisation built by Guru Nanak. Guru Har Gobin(1595-1644) -Justice Guru Har Gobin, the son of Guru Arjan Dev ji, was the sixth of the ten Gurus of Sikhism. He was merely 11 years old when his father was matryed after being jailed, tortured while under arrest by Jehangirs orders. At the time of installation of Gurus, he asked Bapa Buddha ji to discard the tradition of donning with him with the Seli of Guru Nanak, instead, to be donned with 2 swords, explaining signified his Miri Piri(Temporal power Spiritual power). Without mixing religion with politic, his Purpose was to take up the cause of exploited and defend against the oppression of rules. He was the first of the Gurus who took up arms to defend the faith. He also introduced martial arts and weapon training and create a standing military force for the defense. Built the Akal Takhat(the first Takhat in the history) in 1608 , this Takhat seated with all the regal adornments of a Mugal or Hiddun Ruler. In here where he listened to the woes and complaints of people and issue edicts. Guru Har Rai(1644-1661)-Mercy Guru Har Rai was a man of peace, but he never disbanded sikh warriors (sainted soldier) but to continue the military traditions started by his grandfather Guru Har Gobind ji. He kept 2200 mounted soldiers at all times However, he never indulge himself in any political and armed controversy . Gurus son, Ram Rai, distorted Bani in front of Mughak Emperor Auzangzeb, he then decided to make his other son Guru at the age of only 5 age. Guru Har Kishran(1661-1664)- Purity Guru Har Krishan was the youngest Gurus because he was installed as a Guru at his age of 5 years, when his father Guru Har Rai nominated him instead of his elder son, Ram Rai. Auranzeb summoned him to Delphi after receive the complaint against him from Ram Rai. Guru Har Khrishan went Delphi even though He was instructed publicly by his father never meet Auranzeb personally. When reach Delphi, Har Khrishan and his party were the guest of Raja Jai Singh, lot of Sikh devotee flocked to see the Guru. A smallpox Epidemic was raging in Delphi. He devoted his life for serving and healing people who suffer smallpox epidemic which result in many deaths in Delphi. The young Guru also began to attend the sufferers irrespective of cast and creed. Particularly, the local Muslim was much impressed with purely humanitarian deeds of this Guru Sahib, stop disturbing him and nicknamed him Bala Pir(Child Prophet). However, coming contact with many people every day, he too infected and taken seriously ill. He died at only age of eight. Guru Tegh Bahadur(1665-1675)-Tranquility Guru Tegh Bahadur was the eighth of the ten Gurus. He was the fifth and the youngest son of Guru Har Gobin. He was famous for built the city called Anandpur Sahib. He traveled extensively throughout India. He sacrificed his own life, facing down the Emperor Aurangzeb on behalf of the Kashmiri Hindus, ending Aurangzeb s threat to them choosing to convert to islam or to be executed. He also contributed 115 hymns to the Sri Guru Grant Sahib. He was a firm believer in the right of people to the freedom of worship. This had caused that he faced martyrdom for the defense of the down-trodden Hindus. So pathetic was the torture of Guru Tegh Bahadur that his Body had to be cremated clandestinely at Delphi while his severed head was secretly taken four hundred kilometers away to Anandpur Sahib for cremation. This is just because he refuse to convert to Islam a threatened forced conversion of the Hindus of Kashmir was thwarted. Guru Gobin Singh (1675-1708)-Royal Courage Guru Gobin Singh was the tenth and the last of the ten human form of guru. He became guru after martyrdom of his father Guru Tegh Bahadur at the age of 9. His teachings are very scientific and most suitable for all times. Unlike other prophets, he called himself a slave or a servant of god, and, he called all the people the sons of God sharing His Kingdom equally. Guru Gobin Singh lived peacefully at Anandpur for his earlier life, practicing arms and exercises to complete his training as a soldier. He was good at Writing composition as well. He studied Persian and Sanskrit and engaged 52 poets to translate the Hindu Epics. He use what he had learned to translate stories of ancient heroes into Punjabi in order to create martial spirit among Sikh.He created the Khalsa in 1699, changing the Sikhs into a saint-soldier order with special symbols and sacraments for protecting themselves. He gave the Sikhs the name Singh (lion) or Kaur (princess). Guru lost his family(father, mother and four sons) during the battles with Mughal Tyranny.He then wrote a letter(the Zafarnama) to Aurangzeb, in which he indicted the Grand Mughal with his treachery and godliness after the attacking against the guru and Sikhs were called off.Aurangzeb died after read the letter. The rightful heir of Mughal Throne Sought the Gurus help in winning his kingdom. A sneak attack of the Pathan assasins of Wasir Khan who inflicted the wound which cause the Gurus death. 3.0 Symbol of Sikh The Khanda the Sikh symbol The Khanda is the main Sikh symbol. The  Khanda  has been interpreted symbolically in many ways. One is:The Sikh emblem, Khanda, contains a ring of steel representing the Unity of God, a two. It is composed of four items, all traditional Sikh weapons: A vertical double edged sword with a broad blade, also called a Khanda. Two curved swords, called kirpans. They are called miri and piri, after the names given to his personal kirpans by Guru Hargobind. A ring called a chakker (aka chakram). It is a very effective weapon, with a range of up to 50 meters (165 feet). This has been popularized in North America by the television series  Xena the Warrior Princess. Edged sword symbolizing Gods concern for truth and justice, and two crossed swords curved around the outside to signify Gods spiritual power.  4 Kesa (long hair, which is never cut). Baptised  Sikhs  are bound to wear the  Five Ks  (in Punjabi known as  paà ±j kakkÄâ€Å"  or  paà ±j kakÄ r), or articles of faith, at all times. The tenth guru, Gobind Singh, ordered these Five Ks to be worn so that a Sikh could actively use them to make a difference to their own and to others spirituality. The 5 items are:  kÄâ€Å"s  (uncut hair),  kaà ¡Ã‚ ¹Ã¢â‚¬ ¦ghÄ Ãƒâ€šÃ‚  (small comb),  kaà ¡Ã‚ ¹Ã¢â‚¬ ºÃƒâ€žÃ‚ Ãƒâ€šÃ‚  (circular iron bracelet),  kirpÄ n(dagger), and  kacchÄ Ãƒâ€šÃ‚  (special undergarment). The Five Ks have both practical and symbolic purposes.[45] Kacha (short pants) In  Sikhism,  Kesh  (sometimes  Kes) is the practice of allowing ones hair to grow naturally as a symbol of respect for the perfection of Gods creation. The practice is one of the  Five Ks, the outward symbols ordered byGuru Gobind Singh  in  1699  as a means to profess the  Sikh  faith. The hair is combed twice daily with a  Kanga, another of the Five Ks, and tied into a simple knot known as a  Joora, or  Rishi knot. This knot of hair is usually held in place with the Kanga and covered by a  turban. Kangah (comb) The  Sikhs  were commanded by  Guru Gobind Singh  at the  Baisakhi  Amrit Sanchar  in  1699  to wear asmall comb  called a Kanga at all times. Kanga must be worn by all baptised  Sikhs  (Khalsa), after a mandatory religious commandment given by  Guru Gobind Singh  (the tenth Guru of Sikhism)  in  AD 1699. This was one of five articles of faith, collectively called  Kakars  that form the external visible symbols to clearly and outwardly display ones commitment and dedication to the order (Hukam) of the tenth master and become a member of  Khalsa. The Khalsa is the Saint-Soldier of Guru Gobind Singh who stated the following:  He does not recognize anyone else except One Lord, not even the bestowal of charities, performance of merciful acts, austerities and restraint on pilgrim-stations; the perfect light of the Lord illuminates his heart, then cons ider him as the immaculate Khalsa.(Guru Gobind Singh in the Dasam Granth page 1350) Kara (metal bracelet) The kara is to constantly remind the Sikh disciple to do Gods work with the hands, keeping with the  advice given by the Guru. As the Sikhs  holy text  the  Guru Granth Sahib  says In the tenth month, you were made into a human being, O my merchant friend, and you were given your allotted time to perform good deeds.[2]  Similarly, Bhagat  Kabir  reminds the Sikh to always keep ones consciousness with  God: With your hands and feet, do all your work, but let your consciousness remain with the Immaculate Lord.[3] In India, warrior Sikhs are still seen wearing several karas of large sizes, designed to be used as a weapon in hand to hand combat. Kachchhera Kachchhera  (Punjabi:à  Ã‚ ¨Ã¢â‚¬ ¢Ãƒ  Ã‚ ¨Ã¢â‚¬ ºÃƒ  Ã‚ ©Ã‹â€ Ãƒ  Ã‚ ¨Ã‚ °Ãƒ  Ã‚ ¨Ã‚ ¾) or  Kachchha  (Punjabi:à  Ã‚ ¨Ã¢â‚¬ ¢Ãƒ  Ã‚ ¨Ã¢â‚¬ ºÃƒ  Ã‚ ¨Ã‚ ¾) are specially designed short,  shalwar  (pant-like), loose  undergarments  with a tie-knot (nara =  drawstring) worn by  baptized  Sikhs. It is one of the five  Sikh  articles of faith, called the  Five Ks (à  Ã‚ ¨Ã‚ ªÃƒ  Ã‚ ¨Ã¢â‚¬Å¡Ãƒ  Ã‚ ¨Ã…“ à  Ã‚ ¨Ã¢â‚¬ ¢Ãƒ  Ã‚ ©Ã‚ Ãƒ  Ã‚ ¨Ã¢â‚¬ ¢Ãƒ  Ã‚ ¨Ã‚ ¾Ãƒ  Ã‚ ¨Ã‚ °), and was given as a gift of love by  Guru Gobind Singh  at the  Baisakhi  Amrit Sanchar  in  1699. Kachaera have been worn by baptizedSikhs  (Khalsa) since a mandatory religious commandment given by  Guru Gobind Singh  (the tenth Guru of Sikhism)  in  AD 1699. Both male and female Sikhs wear similar undergarments. This is one of five articles of faith-collectively called Kakkars-that form the external, visible symbols clearly and outwardly displaying ones commitment and dedication to the order (Hukam) of the tenth master. Kirpan (a ceremonial dagger) The  Kirpan  (English pronunciation:  /kÉ ªÃƒâ€°Ã¢â€ž ¢rˈpÉ‘Ë n/;  Punjabi:  Ãƒ  Ã‚ ¨Ã¢â‚¬ ¢Ãƒ  Ã‚ ¨Ã‚ ¿Ãƒ  Ã‚ ¨Ã‚ °Ãƒ  Ã‚ ¨Ã‚ ªÃƒ  Ã‚ ¨Ã‚ ¾Ãƒ  Ã‚ ¨Ã‚ ¨Ãƒâ€šÃ‚  kirpÄ n) is a sword or dagger carried by many  Sikhs. According to a mandatory religious commandment given by  Guru Gobind Singh  (the tenth Guru of Sikhism)  at the  Baisakhi  Amrit Sanchar  (a holy religious ceremony that formally baptizes a Sikh) in  CE 1699, all baptised  Sikhs  (Khalsa) must wear a kirpan at all times. Prohibitions of Sikhism Cutting hair Cutting hair is strictly forbidden in Sikhism. Sikhs are required to keep unshorn hair. This is because Sikhs believe that long hair as a beautiful part of their bodies. Besides that, Sikhs must always wash their hair due to maintain cleanliness. Without wear turban For Sikhs people, they must wear the turban no matter is male or female. This is because this religion was founded over 500 years ago, only wealthy men wore turbans as a sign of status and many kings wore turbans. Since Sikhs have believed in the equality of all people since the creation of their religion, all Sikhs wear the turban as a sign of equality. Cannot consume intoxication Sikhs cannot consume alcohol, drugs, tobacco is not allowed due to alcohol can slow down nervous system that causes damaging their ability to respond appropriately. Adultery Sikhs must faithful and loves each other and try to reduce conflict among each other even though are different cultures or races. Eating meat Sikhs cannot eat meat because the meat is offered to God only. Therefore, Sikhs must consume vegetarian. Besides that, they strictly prohibited from eating meat killed in a ritualistic manner. Sikh Festivals Birthday of Guru Nanak Dev Ji Guru Nanak Dev Ji is the founder of Sikhism; celebrate on November 24 every year. Before his birthday, Akhand Path which is read Guru Granth Sahib in 48 hour non-stop that held in Gurdwara (Sikhs temple). On that day, the program or activity is begins early in the morning about 4 am. In this program, they would sing the Asa-di-Var (morning hymns) and hymns from the Sikh scriptures followed by Katha (expositon of scripture) and lectures and recitation of poems in the praise of Guru. Then, celebration will until about 1 to 2 pm. Lohri Lohri is Punjabi winter harvest festival acts as a Hindu winter celebration which is celebrates on January 13. In the morning on Lohri day, children will go from door to door singing and demanding Lohri loot such as seeds, peanuts, jiggery, or sweets and so on. Vaisakhi Vaisakhi known as Baisakhi is an ancient harvest festival in Punjab region which marks beginning of new solar year. Vaisakhi is celebrated on April 13. Baisakhi is a  Sikh  religious festival.  It falls on the first day of the  Baisakh  month in the solarNanakshahi calendar, which corresponds to April 13 in the  Gregorian calendar. Diwali Sikhs also celebrate Diwali popularly known as Festival of Lights. It is an important 5-day festival in Hinduism,  Sikhism  and  Jainism, celebrate between mid-October and mid-November. The name of Diwali which translate into row of lamps that involves the lighting of small clay lamps (diyas) filled with oil to signify the triumph of good over evil. The Skih Ceremonies All the Sikh Ceremonies like birth, baptism, marriage and death are held in simple, inexpensive and religious manner. The presence of holy Guru Granth Sahib is very important to every ceremony performance. And of course, singing of hymns, Ardas or a formal prayer cannot be excluded in the ceremonies. Other than that, Hukamnama, a random reading from the Guru Granth Sahib is also presented as the oder of the day. Every guest will be given Karah Parshad, some sacred pudding made from flour, butter, sugar and water as well as langar. Sikhs no longer seek blessing from god and renew the spirit of devotion and service. Besides that, some major Sikh Ceremonies must be held in certain time, Naam Karan (Naming Ceremony), Dastar Bandi, Marriage Ceremony, Amrit Sanchar (Baptism) and Funeral/Death Ceremony. Naam Karan (Naming Ceremony) Khanda Mool MantraNaming Ceremony, an important ceremony held after a child is born. This happens when the child and the mother are in good health, they will go to the Gurdwara with their family, relatives and friends for the naming ceremony. The Granthi or the senior member of the congregation stirs water and sugar crystals in a bowl with a Khanda placed in front of the Guru Granth Sahib while reading the Mool Mantra (the basic belief of the Sikhs and it begins the Sri Guru Granth Sahib) and the first five verses of the Japji Sahib. The holy water is mainly dedicated for the child, but just a few drops are given to the child, the remaining is given to the mother. Finally, hymns are recited to bless the child. Dastar Bandi This is a very important event when a Sikh boy is ready to start tying the turban. The Granthi will explain why the turban is needed to be tied on the head. Amrit Sanchar (Baptism) Baptism brings the best or worst to the Sikhs, it can help the Sikhs in life if the Baptism is done in a proper and complete manner. This is the initiation ceremony for the Sikhs to become a true Khalsa (purified or chosen one). It is something like Christian at confirmation acquires full membership of the Sikh brotherhood. As the ceremony culminates in the drinking of  Amrit (specially prepared sweet Holy water) so the term Amrit-dhari Sikh is often used. However, a Sikh should only take Amrit when he or she is mature enough to realize the nature of the obligations he or she has chosen to accept. Marriage Ceremony The Sikh marriage is also one of the most important ceremonies in Sikhs life. The Sikh marriage is also known as Anand Karaj which means the ceremony of joy. Normally the wedding is held in the morning in a Gurdwara. The groom will be dressed in fine clothes and accompanied by his family and friends. Then he will head to Gurdwara Sahib where the brides family and friends receive them. After certain ceremony called Milni ceremony where close relatives of the couple garland each other in a spirit of goodwill, some refreshments are said to be done. Then everyone enters the Gurdwara congregation hall where bride sits alongside the groom facing the Guru Granth Sahib Ji. A short prayer is meant to be done then the wedding ceremony begins and the Ragees sing the hymn of Palla which is grooms scarf. The brides father hands the Palla over the brides hands which is symbolizing of giving away the bride. After a long run, the ceremony is followed by Lavaan, the wedding ceremony. Itself consists of four verses. The first verse is recited by the Granthi while the couple sits next to each other. Then the Ragees sing the same verse and the couple walk gracefully clockwise around the Guru Granth Sahib the bride following the groom. Same way the other three verses are recited. The six verses of Anand Sahib (the hymns of joy) are then sung followed by the Ardas. Order of the day is read from Guru Granth Sahib Ji followed by the distribution of Karah Parshad. Usually, lunch is always provided by the brides family and there is also a reception held later in the evening in a hall. Funeral/Death Ceremony Sikhs are very easygoing and simple in this kind of funeral ceremonies. They do not tend to spending too much money or resources on this sort of ceremonies as this is their basic custom. When a Sikh passes away, firstly the body is taken to be washed and cleaned up and finally dressed with new clothes. Then the body is carried to the cremation ground in procession. Meanwhile, appropriate prayers are said before the funeral pyre to smoothen the Sikhs death path. Then the body will be lit by close relatives. There is a crematorium built in Britain for this purpose. Later, the cooled ashes will be collected and immersed into or presented to natural running water- a river. Until this stage, the ceremony is not complete yet. To complete to ceremony, either in the home or in the Gurdwara, the daily reading of the Holy Granth begins. This runs continuously in about ten days. When all the 1430 pages have been read, the final service is held. Relatives and friends gather to join in the final prayers. The  Kara Parshad  (holy food) is served and the people disperse. This marks the end of mourning. The Sikh Marriage For Sikhs, marriage is not merely a physical and legal contract but is a holy union between two souls where physically they appear as two individual bodies but in fact they are united as one. Like what has been mentioned earlier, the Sikh marriage ceremony is known as Anand Karaj meaning blissful union. According to Sikhism, when a girl attains certain maturity, her parents are obligatory to find a match for her. It is neither desirable nor proper to marry a girl at tender age. The daughter of a Sikh should marry a Sikh. If a man is a Sikh believer, is humble by nature, and earns his bread by honest means, with him matrimony may be contracted without a question and without consideration for wealth and riches. As Sikh marriages are usually arranged, so they have different views from the people from other cultures. They do not interpret arranged as forcing man or woman into wedlock of parents choice only. It is also about agreeing to marriage proposed by mutual discussion between the mans and the womans family. This is to select the right partner with the approval of all. Most importantly, the man and woman themselves must get to know each other to convey their agreement to their parents. Last but not least, no Sikh marriage is regarded as truly complete unless the bride and groom present themselves before the  Holy Granth  and are blessed by the Guru, as well as by the congregation or the families present. 8.0 Roles and status of Sikh women In fourteenth century, before Sikhism was founded by Guru Nanak Dev Ji, Indian women were looked down at by society. They were given no education, and they only function to give birth, do housework and serve men. Female infanticide, the act of killing a female baby, was common as the men of the family considered them useless and an embarrassment to the family. Sati, which is the act of burning a widow alive with her husbands body was encouraged and sometimes forced. Guru Nanak Dev Ji shocked the entire society by preaching that women were equal to men and should be treated in such way. Guru Nanak Dev Ji conveys this through his scripture as follows: Man is born from a woman; within woman, man is conceived; to a woman he is engaged and married. Man is friends with woman; through woman, the future generations exist. When his woman passes away, he seeks another woman; to a woman a man is bound. So why call her bad? From her, kings are born. From a woman, woman is born; without woman there would be no one at all (Guru Granth Sahib Ji, 473). Thus, in Sikhism, all men and women have equal status, all human beings are only judged by their deeds, not their race or gender. Women were encouraged and allowed to join in religious and social activities. They were given freedom of speech and were also allowed to read the Guru Granth Sahib (the holy scripture of Sikhism). Famous Women in Sikhism The first famous woman in Sikhism is the mother of Guru Nanak Dev Ji, Mata Tripta Ji. It is said that she meditated while carrying the child Nanak. She brought him up with love, and also protected him from his father Mehta Kalu. The elder sister of Guru Nanak Dev Ji, Bebe Nanaki Ji, is also another famous woman in Sikhism. She supported her brother throughout her life and gave him respect as she would a Guru. She was an intelligent and spiritual woman who recognised her brothers divine light before anyone else could. 9.0 Sikhs Sacred Places Harmandir Sahib The Harmandir Sahib, informally known as The Golden Temple because it is partly made from gold, is the most sacred shrine of the Sikhs. It is located in the city of Amritsar, India (Northern Punjabi). The name Harmanidir Sahib literally means temple of God. The Golden Temple in built in the centre of a large lake of water. The sacred pool of water around the Golden Temple is also known as Sarovar. It is a place where Sikhs perform Isnaan, which means to bathe, cleanse and purify. The Golden Temple has been constructed with four doors which is different from traditional Indian temples. This signifies that everyone is allowed in the temple regardless of race and gender. There are two forms of contribution all Sikhs had in the construction of the temple: Voluntary labour and a donation of ten percent of their income. These traditions are still kept alive till today as Sikhs contribute towards the improvement of their Gurdwara (Sikh temples). Anandpur Sahib The city of Anandpur Sahib, informally known as the holy city of Bliss, is the holy city of the Sikhs; it is an important and sacred place for the Sikhs. It is located on the lower spurs of the Himalayas. Guru Gobind Singh ji spent almost 25 years staying at Anandpur Sahib. It is famously known as the place where five Sikhs voluntarily gave their heads to Guru Gobind Singh ji, which shows the values of self-abnegating and bravery. The city mainly comes to life during Hola Mohalla, a Sikh festival celebrated to remember the courage of the Sikhs in fighting the enemies of Sikh. It is also a community festival that brings people together. 10.0 History Of The Golden Temple The Golden Temple of Amritsar is located in India. This temple is one of the most ancient and brilliant piece of engineering of all time. Amritsar is also under one of the main cities in India There is about five thousand sq. km and a total population of about 2.5 million. The main language that is spoken in this place is Hindi or English while the average temperature of this city is about 30 to 46 degree Celsius every day of the year. The temple was founded in the year 1574 by the fourth Guru of Sikhs, Guru Ramdas and completed by his successor Guru Arjan Dev. The land for the temple was bought by guru ramdas for only 700 rupees at that time from the owner of the village Tung. (Earlier Guru Ram Das Sahib had begun building Santokhsar Sarovar, near erstwhile village of Sultanwind in 1564 {according to one source in 1570}. The temple is also known as the Shri Darbar Shaib, it is in the center of the old part of Amritsar. The Golden Temple sits on a rectangular platform, surrounded by a pool of water called the Amrit Sarovar

Saturday, January 18, 2020

Do Judges Make Law

Introduction A law  is an obligatory rule of conduct imposed and enforced by the sovereign[1]. Therefore the law is the body of principles recognized and enforced by the state in the application of justice. The law is mainly made by a parliament, a legislative body given power by the constitution to draft law. However in the last few decades there has been a notion that judges make law. A judge  is a public official appointed or elected to hear and decide legal matters in court[2],  Judges exercise judicial power. This involves making binding decisions affecting the rights and duties of citizens and institutions.In carrying out this task, a judge can use any of the following three sources of Ugandan law, Acts of Parliament or legislation, the common law, or previous decisions by the courts and  a constitution Do judges make law? To ask the question â€Å"do judges make law? †Ã‚  Implies that perhaps to some extent they do make law. A great deal of controversy has cente red on this question as to how far judges can legitimately make law although a great number such as lord Bentham have referred to it as a â€Å"childish fiction† thus judges cannot make law.Many other scholars more so those that are followers of the realist school of thought have  placed absolute emphasis on the discretion of judges and relegated the â€Å"rules† to an obscure position. It can however not be denied looking closely at the present legal system that judges have played a dominant role in moulding the doctrines of the present law for example the common law which is also referred to as judge made law. Nevertheless today no informed observer disputes that judges do especially those of the Supreme Court make law. In the same way the likes of lord Denning moulded the doctrines of the law of contract and otherwise.To answer if judge make law lets its crucial to analyse how they do so. The application of  precedent by judges, whether they are developing the c ommon law (for e. g. in areas such as negligence or murder) is the main mechanism whereby judges make law. Precedents are legal principles, created by a court decision, which provides an example or authority for judges deciding similar issues later. Generally, decisions of higher courts are mandatory precedent on lower courts that is; the principle announced by a higher court must be followed in later cases.Occasionally, judges are called upon to give a ruling or make a decision when faced with a situation for which there seems to be no precedent or any guiding rule. In these circumstances, judges can be said to be formulating original precedent thereby using his own discretion regarding when he thinks rules need to be applied, changed, improved, or abolished. In  A. G v Butterwort[3]  lord Denning states that; â€Å"It may be in the books, but if this be so all I can say is that  thee sooner we make it the better†.Therefore a judge in using his discretion  the phrase commonly used here is that he decides not on precedent but on principle, the difference is that in one case he is applying a principle illustrated by a previous example, in the other case he is employing a case not previously formulated but consonant with the whole doctrine of law and justice. Further because statutes and common law rules are often too vague and unclear it is often inevitable in â€Å"hard cases† for a judge to create new law by deciding cases.The decision of courts of justice when exactly in point with a case before the court are generally held to have a binding authority, as well to keep the scale of justice even and steady because the law in that case has been solemnly declared and determined. Judges further make law through  statutory interpretation. The trend has always been that the legislature makes the law while the judges interpret it. Legislation may sometimes be ambiguous or unclear. When this occurs, a court will need to decide between differen t interpretations of legislation. The common law is judge made law.It has been developed by the courts. It continues to be adapted to meet new situations and changing circumstances. The role of judges in interpreting legislation and the Constitution is similar. The Constitution is written in more brief and general language than most Acts of Parliament. This is because it is expected to last longer and be able to accommodate changing circumstances. This style leads to a greater range of interpretations. Over the years, the Supreme Court has made decisions which have affected the practical operation of the Constitution.The parliament which is in charge of law making cannot amend each and every law simply because it fast becoming obsolete. Therefore when the law becomes unclear judges cannot simply say it’s unclear and ask the parliament to rectify it. Judges must take the law into their own hands to and interpret the laws to an extent that is reasonable and in the bounds of law and reason thus they should generally accept responsibility of reforming the law in the interests of clarity, efficiency and fairness.In  Airedale NHS v Bland[4]  the issue was whether it was lawful to stop supplying drugs and artificial feeding to Mr Bland, even though it was known that doing so would mean immediate death for him, several members of the house of lords made it clear that they felt that the case raises ‘wholly new moral and social issues’ and that it should be decided by parliament, nevertheless the court came to a decision in the best of Mr Bands interests. According to William burnet Harvey; â€Å"A judge in laying down a rule to meet these situations is certainly making a new contribution to our law but only within limits usually well defined.If he has to decide upon the authority of natural justice or simply the common sense of the thing he employs the kind of natural justice or common sense which he has absorbed from the study of the law and w hich he believes to be consistent with the general principles of English jurisprudence. †Ã‚  Ã‚   It is clear from the above statements that, not only constitutional interpretation, but also statutes have to be interpreted with the changing times and it is here that the creative role of the judge appears, thus the judge clearly contributes to the process of legal development.This is evidence of the power of the courts in their ability to create law through there simple interpretation of the law. However it should be noted that this is not a power readily available such that it can be used at the courts convenience. The above analysis shows how judges can â€Å"make† law. However the word make should be used with extreme caution. The above argument is one that can also be used to support the fact that rather than make law, judges simply declare law. According Lord M.R;  Ã¢â‚¬Å"there is in fact no such thing as judge-made law, for the judges do not make the law, though the frequently have to apply existing law to circumstances as to which is has not previously been authoritatively laid down that such law is applicable[5]. †Ã‚  Ã‚  It’s therefore relevant to establish the reasons as to why some scholars do not agree with the fact that judges do not make law. Why judges do not make law The Constitution provides for a complete  separation of judicial power. This is one limitation on judges because it prevents courts from exercising powers which are not â€Å"judicial† in character.The constitution of the republic of Uganda provides for that existence of three arms of government, all vested with powers that are in all ways distinct. The parliament by virtue of the constitution is that charged with the duty of making law. The constitution provides  that  Ã¢â‚¬Å"except as provided in this constitution, no person or body other than parliament shall have the power to make provisions having the force of law in Uganda except under authority conferred by an Act of parliament[6]†Ã‚  This is a clear example of the supremacy of parliament.Thus the separation of powers is a political and administrative tool that holds the pillars democracy together. And in a country under the rule of law the judiciary with its well defined limits cannot step into the shoes of the parliament. The constitution is the most supreme law of the land and its prohibition of the other arms of government to make law should be taken seriously  thus if the judiciary is exercising such a powerful role, it should be more open to criticism and the contempt power should be used only rarely.Otherwise, it will reflect on the judiciary as a dictator Further the  rules of statutory interpretation  further bar judges from making law. Its generally agreed that in order to interpret statutes judges must use precision based procedural rules. Statutory interpretation employs  the literal rule, the golden rule and the mischief rule. They are guidelines that must be followed in the interpretation statutes. This is meant to reduce the entry of bias or judge’s discretion which may be unethically motivated.Therefore a judge who formulates a legal principle for the first time does so as an existing part of the law and not as a legislative innovation of his own. In general, principles are identified by showing that they are embedded in the established rules and decisions, The rules of precedent. A precedent is a Legal principle, created by a court decision, which provides an example or authority for judges deciding similar issues later. Precedents are the source of most of judge made law. The common law practically evolved out of precedents.However precedents are bound by rules that limit law making by judges. Decisions of lower courts are not binding on higher courts, although from time to time a higher court will adopt the reasoning and conclusion of a lower court. Decisions by courts of the same level (usually appel late courts) are considered persuasive authority. That is, they should always be carefully considered by the later court but need not be followed. The constitution states that all laws must have a binding effect on all persons and authorities.Precedents in their inability to be binding on courts that is higher than them and applying only a persuasive to courts of the same level dilutes their  Ã‚  ability to be termed as laws or have the ability to act like laws. Further to render precedents valid they must be founded in reason and justice; must have been made upon argument, and be the solemn decision of the court; and in order to give them binding effect there must be a current of decisions therefore court judges are not at liberty to exercise their freewill but rather their discretion must pass the test of fairness and reasonability.Conclusion Judicial power involves making binding decisions, affecting the rights and duties of people and institutions, by reference to existing law . Existing law is found in legislation, judicial decisions or common law, and the constitutions. In applying any of these sources of law, judges make law to a limited degree. The term ‘limited’ should be noted. The power to make law is primarily vested in the parliament and under the constitution judges are under no obligation to make law.However in today’s world where time is dynamic there is a need to constantly interpret the law to fit the ever changing times. Judges are most paramount at this stage because they cannot send laws back for rectification simply because the times have changed. It’s up to them to exercise the utmost reasonable discretion and interpret the law in such a manner that is complementary to the current mode of life in so doing making law. Indeed the power to make law is one that is not vested in judges but it cannot be denied that to some extent they actually do make law.Bibliography 1. William Burnett Harvey,  Introduction to th e Legal System in East Africa,  East African Literature Bureau, Kampala, Nairobi  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   2. Glanville Williams  Learning the Law 12th  ed. Sweet & Maxwell 2002 pg 111  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   3. The Constitution Of The Republic Of Uganda  Article 79 4. .Osborn’s concise Law Dictionary, 10th  Edition, Sweet & Maxwell, London. 2005 Pg 238  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   5.Blackstone’s Commentaries 69, 70  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã ‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   6. Jacqueline Martin,  The English Legal System, 3rd  Ed. Hodder & Stoughton 2002 pg. 18  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   7. [1]  Catherine Elliot,  The English Legal System  8th  edition [1]  Osbornes concise law dictionary, 10th  edition, page 236 [2][2]  Blacks law dictionary [3] [4] [5]  Att-General v butterwort. [6]  Article 79, the constitution of the republic of Uganda Do Judges Make Law Introduction A law  is an obligatory rule of conduct imposed and enforced by the sovereign[1]. Therefore the law is the body of principles recognized and enforced by the state in the application of justice. The law is mainly made by a parliament, a legislative body given power by the constitution to draft law. However in the last few decades there has been a notion that judges make law. A judge  is a public official appointed or elected to hear and decide legal matters in court[2],  Judges exercise judicial power. This involves making binding decisions affecting the rights and duties of citizens and institutions.In carrying out this task, a judge can use any of the following three sources of Ugandan law, Acts of Parliament or legislation, the common law, or previous decisions by the courts and  a constitution Do judges make law? To ask the question â€Å"do judges make law? †Ã‚  Implies that perhaps to some extent they do make law. A great deal of controversy has cente red on this question as to how far judges can legitimately make law although a great number such as lord Bentham have referred to it as a â€Å"childish fiction† thus judges cannot make law.Many other scholars more so those that are followers of the realist school of thought have  placed absolute emphasis on the discretion of judges and relegated the â€Å"rules† to an obscure position. It can however not be denied looking closely at the present legal system that judges have played a dominant role in moulding the doctrines of the present law for example the common law which is also referred to as judge made law. Nevertheless today no informed observer disputes that judges do especially those of the Supreme Court make law. In the same way the likes of lord Denning moulded the doctrines of the law of contract and otherwise.To answer if judge make law lets its crucial to analyse how they do so. The application of  precedent by judges, whether they are developing the c ommon law (for e. g. in areas such as negligence or murder) is the main mechanism whereby judges make law. Precedents are legal principles, created by a court decision, which provides an example or authority for judges deciding similar issues later. Generally, decisions of higher courts are mandatory precedent on lower courts that is; the principle announced by a higher court must be followed in later cases.Occasionally, judges are called upon to give a ruling or make a decision when faced with a situation for which there seems to be no precedent or any guiding rule. In these circumstances, judges can be said to be formulating original precedent thereby using his own discretion regarding when he thinks rules need to be applied, changed, improved, or abolished. In  A. G v Butterwort[3]  lord Denning states that; â€Å"It may be in the books, but if this be so all I can say is that  thee sooner we make it the better†.Therefore a judge in using his discretion  the phrase commonly used here is that he decides not on precedent but on principle, the difference is that in one case he is applying a principle illustrated by a previous example, in the other case he is employing a case not previously formulated but consonant with the whole doctrine of law and justice. Further because statutes and common law rules are often too vague and unclear it is often inevitable in â€Å"hard cases† for a judge to create new law by deciding cases.The decision of courts of justice when exactly in point with a case before the court are generally held to have a binding authority, as well to keep the scale of justice even and steady because the law in that case has been solemnly declared and determined. Judges further make law through  statutory interpretation. The trend has always been that the legislature makes the law while the judges interpret it. Legislation may sometimes be ambiguous or unclear. When this occurs, a court will need to decide between differen t interpretations of legislation. The common law is judge made law.It has been developed by the courts. It continues to be adapted to meet new situations and changing circumstances. The role of judges in interpreting legislation and the Constitution is similar. The Constitution is written in more brief and general language than most Acts of Parliament. This is because it is expected to last longer and be able to accommodate changing circumstances. This style leads to a greater range of interpretations. Over the years, the Supreme Court has made decisions which have affected the practical operation of the Constitution.The parliament which is in charge of law making cannot amend each and every law simply because it fast becoming obsolete. Therefore when the law becomes unclear judges cannot simply say it’s unclear and ask the parliament to rectify it. Judges must take the law into their own hands to and interpret the laws to an extent that is reasonable and in the bounds of law and reason thus they should generally accept responsibility of reforming the law in the interests of clarity, efficiency and fairness.In  Airedale NHS v Bland[4]  the issue was whether it was lawful to stop supplying drugs and artificial feeding to Mr Bland, even though it was known that doing so would mean immediate death for him, several members of the house of lords made it clear that they felt that the case raises ‘wholly new moral and social issues’ and that it should be decided by parliament, nevertheless the court came to a decision in the best of Mr Bands interests. According to William burnet Harvey; â€Å"A judge in laying down a rule to meet these situations is certainly making a new contribution to our law but only within limits usually well defined.If he has to decide upon the authority of natural justice or simply the common sense of the thing he employs the kind of natural justice or common sense which he has absorbed from the study of the law and w hich he believes to be consistent with the general principles of English jurisprudence. †Ã‚  Ã‚   It is clear from the above statements that, not only constitutional interpretation, but also statutes have to be interpreted with the changing times and it is here that the creative role of the judge appears, thus the judge clearly contributes to the process of legal development.This is evidence of the power of the courts in their ability to create law through there simple interpretation of the law. However it should be noted that this is not a power readily available such that it can be used at the courts convenience. The above analysis shows how judges can â€Å"make† law. However the word make should be used with extreme caution. The above argument is one that can also be used to support the fact that rather than make law, judges simply declare law. According Lord M.R;  Ã¢â‚¬Å"there is in fact no such thing as judge-made law, for the judges do not make the law, though the frequently have to apply existing law to circumstances as to which is has not previously been authoritatively laid down that such law is applicable[5]. †Ã‚  Ã‚  It’s therefore relevant to establish the reasons as to why some scholars do not agree with the fact that judges do not make law. Why judges do not make law The Constitution provides for a complete  separation of judicial power. This is one limitation on judges because it prevents courts from exercising powers which are not â€Å"judicial† in character.The constitution of the republic of Uganda provides for that existence of three arms of government, all vested with powers that are in all ways distinct. The parliament by virtue of the constitution is that charged with the duty of making law. The constitution provides  that  Ã¢â‚¬Å"except as provided in this constitution, no person or body other than parliament shall have the power to make provisions having the force of law in Uganda except under authority conferred by an Act of parliament[6]†Ã‚  This is a clear example of the supremacy of parliament.Thus the separation of powers is a political and administrative tool that holds the pillars democracy together. And in a country under the rule of law the judiciary with its well defined limits cannot step into the shoes of the parliament. The constitution is the most supreme law of the land and its prohibition of the other arms of government to make law should be taken seriously  thus if the judiciary is exercising such a powerful role, it should be more open to criticism and the contempt power should be used only rarely.Otherwise, it will reflect on the judiciary as a dictator Further the  rules of statutory interpretation  further bar judges from making law. Its generally agreed that in order to interpret statutes judges must use precision based procedural rules. Statutory interpretation employs  the literal rule, the golden rule and the mischief rule. They are guidelines that must be followed in the interpretation statutes. This is meant to reduce the entry of bias or judge’s discretion which may be unethically motivated.Therefore a judge who formulates a legal principle for the first time does so as an existing part of the law and not as a legislative innovation of his own. In general, principles are identified by showing that they are embedded in the established rules and decisions, The rules of precedent. A precedent is a Legal principle, created by a court decision, which provides an example or authority for judges deciding similar issues later. Precedents are the source of most of judge made law. The common law practically evolved out of precedents.However precedents are bound by rules that limit law making by judges. Decisions of lower courts are not binding on higher courts, although from time to time a higher court will adopt the reasoning and conclusion of a lower court. Decisions by courts of the same level (usually appel late courts) are considered persuasive authority. That is, they should always be carefully considered by the later court but need not be followed. The constitution states that all laws must have a binding effect on all persons and authorities.Precedents in their inability to be binding on courts that is higher than them and applying only a persuasive to courts of the same level dilutes their  Ã‚  ability to be termed as laws or have the ability to act like laws. Further to render precedents valid they must be founded in reason and justice; must have been made upon argument, and be the solemn decision of the court; and in order to give them binding effect there must be a current of decisions therefore court judges are not at liberty to exercise their freewill but rather their discretion must pass the test of fairness and reasonability.Conclusion Judicial power involves making binding decisions, affecting the rights and duties of people and institutions, by reference to existing law . Existing law is found in legislation, judicial decisions or common law, and the constitutions. In applying any of these sources of law, judges make law to a limited degree. The term ‘limited’ should be noted. The power to make law is primarily vested in the parliament and under the constitution judges are under no obligation to make law.However in today’s world where time is dynamic there is a need to constantly interpret the law to fit the ever changing times. Judges are most paramount at this stage because they cannot send laws back for rectification simply because the times have changed. It’s up to them to exercise the utmost reasonable discretion and interpret the law in such a manner that is complementary to the current mode of life in so doing making law. Indeed the power to make law is one that is not vested in judges but it cannot be denied that to some extent they actually do make law.Bibliography 1. William Burnett Harvey,  Introduction to th e Legal System in East Africa,  East African Literature Bureau, Kampala, Nairobi  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   2. Glanville Williams  Learning the Law 12th  ed. Sweet & Maxwell 2002 pg 111  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   3. The Constitution Of The Republic Of Uganda  Article 79 4. .Osborn’s concise Law Dictionary, 10th  Edition, Sweet & Maxwell, London. 2005 Pg 238  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   5.Blackstone’s Commentaries 69, 70  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã ‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   6. Jacqueline Martin,  The English Legal System, 3rd  Ed. Hodder & Stoughton 2002 pg. 18  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   7. [1]  Catherine Elliot,  The English Legal System  8th  edition [1]  Osbornes concise law dictionary, 10th  edition, page 236 [2][2]  Blacks law dictionary [3] [4] [5]  Att-General v butterwort. [6]  Article 79, the constitution of the republic of Uganda

Friday, January 10, 2020

Palestinian and Israeli conflict Essay

Palestinian and Israeli conflict is the famous dispute between the Palestinians and the Israelis and it’s a dispute which is ongoing and a conflict which is explosive and continuing. It is one of the most sensitive and important issue discussed (Shah, 2000). The term has been used as a reference for the same conflicts earlier phrases and this conflict is usually very wide ranging. International actions have been forced in the conflict due to violence that had resulted from the dispute. Besides the international actions, human rights and security concerns are also prompted. This conflict has a great variety of thoughts and view in the societies and highlights the deep divisions of the Palestinians and the Israelis societies. The Israelis and the Palestinians have two different religions but this religion is not the reason for the conflict, its all about the land. Both groups knew the area as Palestine which they claimed. But after the 1948-49 war this land had been divided into three parts which were the West Bank, the state of Israel and the Gaza Strip. Issue There were many issues that had occurred between the Palestinians and Israelis. The West Bank and the Gaza strip had been occupied by the Israelis. The Israelis were asked by the Palestinians to withdraw the land but the Israelis instead started to expand its settlements throughout the processes of peace and continue to do so today as well. In order to regain the Palestine for the Palestinian Arabs they demanded a tow state in the Gaza and the West Bank. The Israelis on the other hand refused to create a state as they believed that it would result in a base for the terror groups but in the final negotiations the Israelis agreed to create the state with very limited control to the Palestinians over its resources and its borders. The refugee problem was another important issue in the conflict. There were about 726000 Palestinians who were forced to leave their homes in the war that had followed in 1948 (Gelvin, 2007). The Palestinian refugees were about 4 million. The refugees were in poor conditions in the camps of Gaza and the West Bank. There was a Palestinian demand for sending the refugees back to their homes in Israel. The Israelis whereas opposed to this as they felt that there would be a majority of the Arab Palestinians and this would end the Israel being a Jewish Israeli state. To the problem of the refugees mentioned above the answer of the Palestinians was of creating riots and destroy the Israelis by violence. By violence the Palestinians got hold of many of the areas of the Gaza Strip and the West Bank. And most of the population was in hold of the Palestinians. For the answer to this again the Israelis took a step which was of the Israeli Repression. They limited the flow of the Palestinian workers to Israel to prevent any terrorist activities from happening and there were strict border checks of these workers. This greatly reduced the Palestinian standard of living. Those Palestinians who did come to work were humiliated or awaited for long hours at the check points. For any of the terror attacks at the checkpoints the Israelis starting firing at vehicles as a result of which many innocent civilians were put to death. The Israelis had launched the defensive Wall in the West bank operation and started reoccupying the territories in the West bank which were under the Palestinians. There were further checkpoints made by the IDF (Israel Defense forces) and any of the towns were for long time periods kept in curfew and the disrupting daily life, education and work. The IDF had killed about 3500 Palestinians and had destroyed the Palestinian houses. The problems that the Palestinians had to go through because of the Israelis were also due to the reason that the Israelis wanted to ensure their security. Causes The Israel Palestine conflict causes are too complex. The entire area was known as the Palestine before even the Israelis entered. The place was not called Palestine at the time of the Ottoman Empire but it had been divided into separate parts which were called ‘Vilayets’ which were further subdivided into even smaller units known as the ‘Sanjaks’. This Palestine term was just used by the Muslims, Jews and Christians to just describe their likeness for that region. The place was conquered by the Europeans. This region then was named the Palestine under the British Administration ad the people there were given identity cards labeling their nationality as the Palestinians. This was the time when the conflict arose between the Palestinians and the settlers of the Zionist who had been arriving from Russia and the Eastern Europe. The European settlers had a want to build a community of the Jewish people, though Israel wasn’t created then but only the want was enough to create a conflict between the European settlers and the Palestinian Arabs (Caplan, 2009). The land that was owned by the Palestinian Arabs was taken away from them and they were evicted by the new owners of that land, the land that was brought by the European from the European Zionist funds. This entire process gave rise to a conflict which had quite violent results. The time when Israel came into place during the years 1947 and 1948, many of the Palestinian residents were forced to leave their homes and were not allowed to return to their homelands. All these people became the Palestinian refugees and their troubles were the actual root to the conflict between the Israel and the Palestinian conflict. Solution The solution to this conflict which I can think of is for the Israel to become one state under the vote democratically and populated by both the Palestinians and the Israelis. There are three reasons for me to choose this solution. Firstly, the Palestinians want to live back in their homeland and if they do they would feel satisfied and would have a feeling of achieving what they always wanted. The Palestinians always thought of getting back their country and live in their homeland. If they live with the Israelis it would make them feel optimistic about their children’s future. Their goal has always been to return to their homeland so if they would succeed in achieving their goal then they would stop violence. The second reason is that of much less violence. As the Palestinians would be heard through the voting and them participating in the affairs of the government they would not create violence and blow off people to get heard. This would result in less fear and greater safety for the Israelis. Moreover, there would be no violence for retaliation from the Israeli terrorists. Lastly, the democratic government would be fair to both the groups as it would contain both the Israelis and the Palestinians. To the citizens all the leaders would be fair if they’re elected otherwise they won’t be re-elected. For the leaders both the groups would vote and if one leader favors just one group then the other group would not vote for him. The Palestinian and Israeli leaders would have to be fair and equal no matter whatever religion they’re following (Homie, 2007). Conclusion This conflict between the Israelis and Palestinians is a very sensitive issue and the solution which I think would work is that of Israel becoming a democratic state. I believe this is the best solution as it’ll provide both the groups with a homeland and also allow them to participate in the government of their own. This can be an effective step towards peace. References Shah A. (2000). Palestine and Israel Introduction. December 20, 2000. From www. globalissues. org Homie G. (2007). A Solution to the Israeli Palestine Conflict. May 6, 2007. From www. newsflavor. com Gelvin J. L. (2007). The Israel-Palestine conflict: one hundred years of war. Edition: New. Caplan N. (2009). The Israel-Palestine conflict: contested histories. Wiley-Blackwell Publishers.

Thursday, January 2, 2020

Resolving Conflict and Disagreements

Conflict tends to be a part of our lives and all too often, is inevitable. Emotions run high when dealing with differences over the best way to deal with differences.  Dealing with conflict and disagreement effectively is half the battle and can create positive outcomes. When conflict and disagreement are handled inappropriately, the outcome can be destructive and are rarely in the best interest of either party. At the same time, all of the parties are often under a lot of pressure.  There are more and more demands put on public education without enough resources, not only monetary but also human (not enough qualified personnel) and often those resources, but physical and the time of the professionals, are stretched thin.  At the same time, with the spread of information, often misinformation, parents sometimes pressure teachers and schools to try therapies or educational strategies that are not based on data and peer-reviewed research.   The Investments of Stakeholders Parents:   Often parents have powerfully conflicting emotions.  On one hand, they are extraordinarily protective while at the same time may feel shame or guilt over their childs disabilities.  Sometimes parents conceal these feelings, even from themselves, by coming on strong.  It is sometimes easy to become defensive, rather than hearing the love, concern and perhaps even guilt that the parents are communicating.  Teachers and Para-professionals:  Good teachers seek to do what is best for their students and take pride in their effectiveness as educators.  Sometimes we become thin-skinned if we think parents or administrators are questioning either our integrity or our commitment to the student.  Relax.  Its easier said than done, but we need to reflect rather than becoming overly reactive.  Administrators:  As well as being accountable to parents and students, administrators are also accountable to superiors who are charged with protecting the interests of the school districts, which may include keeping the costs of providing services down.  That is why they are often called the Local Education Authority (LEA) in our meetings.  Some administrators, unfortunately, dont understand that investing time and attention into their staff will produce better outcomes for everyone.   Strategies for Handling Conflicts and Disagreements Differences must be resolved - it is in the best interest of the child to do so. Remember, sometimes a disagreement occurs as a direct result of a misunderstanding. Always clarify the issues at hand. Parents and school staff members must work closely together to address the issues.Pro-active means of reducing conflict include sharing positive information about the student with parents in an ongoing manner.  It is essential for both parties to realize that the goals for the child are shared goals. Both must agree that the childs interest comes first.Avoid confrontation and deal specifically with solutions to the identified issues and be prepared to offer alternatives.Always deal with the issues rather than the emotions and the people involved. Acknowledging the emotions may be a positive way to diffuse them.  Decide on what you can compromise on, effective resolution usually requires some form of compromise on both parties behalf.Be sure that your expectations are realistic and reasonable.Specify both long term and short term goals and state when a follow-up visit should occur.All parties need to commit to the recommended solutions and agree jointly.All parties must rely on ea ch other, it is, therefore, essential to work out differences and work together regardless of how sensitive the issue is.