꾸란 한국어 번역 : 114장 - 89장 Chapter 114-89

이원삼,이슬람독회 한국이슬람학회 1993 한국이슬람학회논총 Vol.3 No.1

본 학회의 1993년도 이슬람 독회는 그 주제를 꾸란의 한국어 번역과 주해로 잡고, 꾸란의 맨 마지막 장인 114장부터 시작하여 지난 1년간 꾸준히 토론과 연구를 통해 번역작업을 계속해 왔다. 각 전공 분야별로 20명 정도의 회원이 참여하고 있는 이 작업은 아랍어 원전을 중심으로 각국 번역판을 참조하면서, 앞으로 3년에 걸쳐 완역할 예정에 있다. 우선 1차로 114장부터 89장까지의 초역을 이원삼 박사의 정리로 게제한다.-편집자 주

이슬람에서의 법 판단 (bukm)

이원삼 한국이슬람학회 2000 한국이슬람학회논총 Vol.10 No.1

체육시설에 있어 담보신탁과 회원권의 승계- 대법원 2018. 10. 18. 선고 2016다220143 전원합의체 판결 -

이원삼 법조협회 2019 法曹 Vol.68 No.5

This Supreme Court decision is the first to hold that the transfer to the buyer of rights and obligations of the seller of the essential sport facilities arising under the membership contracts with the members of the facilities complies with the transfer requirement under Article 23(2)4 of the Sport Facilities Act as they are transferred as part of the transfer in whole of the essential sport facilities due to trustee sale or sale by negotiation under the trust deed entered into according to the Trust Act. There are various main argument points of the majority opinion such as legislative intent and purpose of Article 27 of the Sport Facilities Act, the similarities between trust dee and mortgage from the economic perspective, the balance-of-interests consideration for the protection of the members’ rights, etc. The dissenting opinions also raise equally strong points in objection to the majority opinion. It is, therefore, necessary to analyze the decision for more legal clarity and stability and predictability law involving deed trust. First, the sympathy to the legislative purpose and intent of the Sport Facilities Act to protect the members’ rights does not justify the disturbance of the existing legal regime, unfortunately, contributed by this Supreme Court decision. The majority opinion has valid points, but it shall be limited within the parameters of the existing legal regime. Second, the similarities between deed trust and mortgage from the economic perspective shall not lead to compromise of the raison d’etre of the Trust Act by classifying the deed trust into mortgage only due to the economically collateral function of deed trust if it is clear under the Trust Act that deed trust comes under the category of trust. Third, in case deed trust is a trust under the Trust Act it may be necessary to acknowledge that the trusted property is bankruptcy-remote. The post-decision concern and opinions that notwithstanding the realization of justice in form, this Supreme Court case may cause significant hindrance to future restructuring of, and financing for, golf courses and we need to move more quickly for a supplementary legislation may prove that the Supreme Court decision was excessively obsessed with formal logic only. 대상판결은 체육시설업자가 체육필수시설인 골프장을 신탁법에 따라 담보신탁한 이후 신탁계약에서 정한 방법(공매나 수의계약)으로 당해 체육필수시설이 일괄하여 이전되는 경우 체육시설법에 근거하여 체육필수시설 인수인은 체육필수시설의 회원에 대한 권리·의무를 승계하여야 한다고 판시하였다. 이러한 결론을 도출한 다수견해는 체육시설법 제27조의 입법취지, 입법자의 의사, 담보와의 경제적 기능의 유사성, 회원의 권리를 보호하려는 이익형량의 관점 등 다양한 논거를 제시하고 있다. 이 평석에서는 체육시설법 제27조의 입법과정과 관련 판례 및 헌법재판소 결정을 참조하여 동 조항의 해석범위를 파악하였다. 특히 대상판결이 관련법률에 근거하여 공법적 법률관계를 통하여 사법적 권리의 형성에 개입하는 것을 용인하고 있어 사법적 권리의 안정성을 해하는 판결을 하였음을 비판하였다. 이에 대하여 본 평석은 공법적 관계를 제외하고 사법적 체계인 담보신탁의 법적 성질을 파악하여 신탁법과 사법상 특정권리가 교차되는 부분에 대한 해석의 기준을 마련하고자 하였다.

세계화와 이슬람

이원삼 한울 2004 중동종교운동의 이해 1 Vol.1 No.-

이슬람 국가와 종교

이원삼 세계평화교수협의회 2002 廣場 Vol.216 No.-

모로코 가족법 인식에 관한 조사 연구

이원삼 한국이슬람학회 2004 한국이슬람학회논총 Vol.14 No.2

The personal status law in Morocco was established and codified as follows: laws pertaining to marriage and the dissolution of that contract, December 22, 1857; laws pertaining to birth and its results, December 18, 1957; laws pertaining to legal qualification, (legal capacity) and legal representation, January 25, 1958; gift laws, February 20, 1958; law of succession, April 3, 1958. These laws were legislated in accordance with the traditional Fiqh methodology. However with the advancement of society a portion of the personal status law was revised in 1993 as a result of a wide range of policies. The revision of the personal status law in 1993 stirred much controversy between those who supported the revision and those who were against it. The dispute continues even to this day. As a result, in 1999 the Morocco government began to formulate the family relationship institution and the form of personal status law in the direction of expanding the rights of women. In 2001 the royal advisory committee was formed for the personal status law. The policies for the advancement of women promoted by this committee have been promoted as a measure to protect society and the family. Presently the bill for the new personal status law has been completed and has been presented to the national congress. This study is a follow up of the "Islamic Personal Status Law, Possibilities of Reform from a Women's Rights Perspective ? A Study through Changes of the Personal Status Law in Morocco." The study was conducted through interviews in the country. Replies given by the Moroccan intellects were analyzed to study the problems and awareness towards the personal status law in Morocco and to discover the characteristics of Moroccan society. The study was conducted from January 5th to the 25th, 2004 by interviewing nine people in Morocco engaged in various fields. Among those interviewed were intellectuals in various fields including an official from women organizations, a professor majoring in the Shariah, an official from the political party wielding influence in the legislature and advisor to the king on women issues. Those interviewed were selected from those classes related directly and indirectly to the establishment of the personal status law. This selection was conducted in hopes of getting an overall understanding of the characteristics of the Moroccan society through the perspectives toward the personal status law from a wide range of samples. In the interview comprehensive questions on the characteristics of the Islamic personal status law, the priorities for reform of the personal status law, the role of education and the state, the possibility of coexistence of traditional and universal human rights and detailed questions on marriage, divorce, child rearing, inheritance and other major items of the personal status law were presented. The interview was recorded and questions were asked in order of the questionnaire or were changed to avoid disrupting the conversation with the respondent.

이슬람에서의 천사와 JINN

이원삼 한국종교학회 1994 宗敎硏究 Vol.10 No.-

이슬람에서의 진(Jinn)과 민속신앙

이원삼 한국이슬람학회 2003 한국이슬람학회논총 Vol.13 No.2

Islam is the union of politics and religion and consists of belief and behavior. That is to say, Islam is not only a system of belief(religion) but also a way of life covering politics, economies, society, etc., the human life in general and a high-levelled complex culture, and is a world of belief and practice containing both religion and mundane life. The fact that Islam is union of politics and religion and consists of belief and behavior can be construed that Islam consists of Shari'ah (Islamic Law) and belief, and the relation of the two is not clearly separated each other but retains a form of mutual complement. Accordingly, faith includes the law of Islam, and the law of Islam is grounded on belief. the role of Islamic Law is wider than the positive laws of other cultures, and is belief and ideology as well as law at the same time. Therefore, the trend of non-Islamic world to make the same use of the meaning of legislation of the positive law and the concept of Shari'ah by interpreting it as an Islamic law is the result of either the narrow interpretation of the concept of Shar'ah or the misunderstanding of wrong interpretation. Belief constructs Agidah (creed) and Agidah is the practical principle of Islamic law. Belief and behavior or Agidah and Sari'ah have such a corelation as tree and fruit, cause and effect, or prologue and epilogue have each other. Agidah means the belief in the absolute said and emphasized through the foreseers and prophets whom He sent to do so on His belief, the ideology of the one only God not permitting any belief in other gods and the original belief being aware of obedience in general to the owner of power. Therefore, Agidah in Islam is alpha and omega of the Muslims' belief and as well as a metaphysics based on the unquestionable said grounds (God's saying). Such belief can be divided into six beliefs; First, the belief in the one and only God as the Creator, second in such invisible beings as Angel, Satan and Jinn, third in the Scriptures, fourth in the foreseers and prophets, fifth in the Judgement Day and sixth in fate. This study aims at seeing into the definition. characteristics and role of those phrases about Jinn as described in the Qur'an and Hadith in order to know the way of how the Muslims understand the being of Jinn, the one of the six belief as mentioned above. The Jinn did not appear first with the advent of Islam, but originally existed in Arab folk religion and its concept changed with the advent of Islam. Also the Jinn is surmised to have played a important role in absorbing the spirits of the areas and to have contributed a lot to the settlement of Islam. Therefore, the study is to see into the concept of Jinn in the Arab folk religion after looking into the same in Islam,. There appear a great number of devils in the such a novel as the Arabian Nights read a lot by the general public, the phrases where the devils confess themselves Jinn and expression where the Jinn converted at cetera. It very widely in the general public. The ideology of spirit which the Arabians had absorbed, assimilated and Islamized many of the neighboring different cultures in the course of becoming a general religion as the Islam spread all over the world, and also the spirit ideology of the areas was absorbed into and assimilated with the Jinn, contributed a lot to the settlement of Islam and is still present mixed with the concept of Jinn of the orthodox Islam in the general public.

신용평가의 법적 정의 - 신용정보의 이용 및 보호에 관한 법률상 신용평가업자의 평가대상을 중심으로 -

이원삼 한국경영법률학회 2008 經營法律 Vol.18 No.2

Recently, stock and financial markets around the world are shaking, because of the Sub-prime mortgage loan problem in U.S.A. Some reports say, the substantial reason of this problem is that credit rating firms gave the investment grade to the Sub-prime mortgage bonds. Like above stated problem, the result of ratings caused unexpected events about economy and stock markets. When we consider this problem, credit rating firms’ role and their decision are very important in the nation’s economy. Another more important reason of rating results is because companies which want to issue bonds must get investment grade. And it is used for regulatory purpose by a lot of acts, other financial regulators including FSS(Financial Supervisor Service). Owing to the importance of credit ratings, rating firms should strictly comply with the Use and Protection of Credit Information Act (hereinafter “the Act”) also rating Agency is supervised by the Act more than any other agencies (e.g. Credit Information Data Processing Agency, Debt Collector and Credit Information Agencies). The Act says that the aim of ratings is the protection of investor, but I think that the supervision on the result of ratings can not reach to the bar. The reason why I think that, the Act defines the ratings regime narrowly. Namely, the required range of ratings in markets is not harmonized with that of the Act. In the point of changing into the Capital Market and Financial Investment Services Act which is effected the range of ratings and a new Reform Act bill about the Act, my suggestions in this paper is that we should know the legal meaning of ratings more precisely, so that we can realize the aim of the Act protecting investors.

이슬람 tashrī’ 체제 특징 연구

이원삼 명지대학교(서울캠퍼스) 중동문제연구소 2019 중동문제연구 Vol.18 No.4

This study aims to disclose the meaning of systems philosophy, the method of which is frequently applied to the study of Tashrīʿ (the process of legislation) in Islam. The approach of systems philosophy cognizes the creatures, the function of nature, and all other elements in it as an extensive and comprehensive system that interacts with each other as an infinite number of a small system, and forms a hierarchy with specific purposes. In this context, it is expected that the systematic and holistic approach of Tashrīʿ, which is distinct from a microanalytical method in a conventional system, has its advantages. 본 논문에서는 체제 철학이라는 개념에 있어 체제가 무엇인지에 대해 설명할 것이다. 체제 철학적 접근방식은 창조물과 자연의 기능, 그리고 그 안에 있는 모든 요소들이 무한한 수의 작은 체제로 서로 상호작용하고 개방되어 있으며 목적을 갖고 위계질서를 이루는 하나의 거대한 총체적 체제로 본다. 이렇게 보면 전통적인 부분적이고 미시적인 세부적 분석의 방식과 비교해 볼 때 샤리아 tashrī’ 과정에서 체제적 접근이 갖는 장점을 짐작할 수 있다. 따라서 본 논문에서는 II. 체제의 정의 III. 체제 방법론 특징 IV. 이슬람적 체제 철학 V. 이슬람 tashrī’ 체제 속성 그리고 결론에서 체제적 특징을 가지고 체제적 분석을 한다는 것이 무엇인지를 결론 낼 것이다.