Communal Legal Entities in a Muslim Setting Theory and Practice:

1996 ◽  
Vol 3 (1) ◽  
pp. 75-90 ◽  
Author(s):  
Amnon Cohen
Keyword(s):  
Sixteenth Century ◽  
Jewish Community ◽  
Islamic Law ◽  
Theory And Practice ◽  
Legal Entity ◽  
Legal Fiction ◽  
Setting Theory ◽  
Do So ◽  
Legal Entities

AbstractAlthough there is no term or concept in Islamic law that signifies a communal legal entity, traditional Muslim societies contained several communal entities, such as the Ṭāʾifa or “community”. Such an entity manifests itself in several documents from the sijill of sixteenth-century Jerusalem that deal with relations between the Jewish community and Muslim authorities. For example, when the Jews of Jerusalem attempted to lease a plot for their cemetery, they could not do so as a community, for no such legal entity existed. For this reason, they designated three individuals in whose name the lease was issued, perhaps in an effort to bridge the gap between theory and practice. This was not a mere legal fiction (ḥīla), for when Muslim waqf authorities subsequently determined that one of the three lessees had died, it declared one-third of the lease to be null and void. The Jewish community never challenged this ruling. As demonstrated in this article, the Jewish community applied the same stratagem to other financial matters.

scholarly journals RELEVANCE OF LEGAL ENTITY BAIT AT-TAMWIL (BT) BASED SYIRKAH FOR ISLAMIC BANK

2017 ◽  
Vol 96 ◽  
Author(s):  
Burhanuddin Harahap . . ◽  
Luthfiyah Trini Hastuti . . ◽  
Solikhah . .
Keyword(s):  
Islamic Law ◽  
Limited Liability ◽  
Primary Data ◽  
Islamic Banks ◽  
Limited Liability Company ◽  
Group Discussions ◽  
Legal Entity ◽  
Islamic Financial Institutions ◽  
Legal Identification ◽  
Legal Entities

This study seeks to study the problems of incompatibility entities which exist in Indonesia.It is not compatible to the existing Islamic financial institutions in Indonesia because of differing philosophies. The problem studied is the barriers faced by Islamic banks regarding the necessity of Islamic banks incorporated limited liability company and the relevance of the legal entity Bait at-tamwil (BT) based syirkah for Islamic banks. Research methods used is an empirical law. It consists of research the legal identification and research on the effectiveness of the law.The type of data are primary data and secondary data.The collection methods with interviews, focus group discussions and literature.Techniques of data analysis in this research use the model interLawive analysis. The results showed that legal entity of the Limited Liability Company for Islamic banks are not suitable to meet the demands as stipulated in Islamic law. The Lawivities of Islamic banks are to meet the demands of sharia standards.Legal entity must be based on Islamic principles.It is not based on the principles of western culture where come from seculer perspective, limited liability company, individual, liberal and capital. Therefore the concept of a legal entity Bait at- Tamwil is very relevant to be legal entities Islamic banks which Islamic banks are really<br />syar'i.<br /><br />Keywords: legal entities, bait at-tamwil, Islamic banks

scholarly journals Pertanggungjawaban Korporasi dalam Tindak Pidana ‎Pencucian Uang menurut Hukum Islam

2016 ◽  
Vol 2 (2) ◽  
pp. 385-407
Author(s):  
Renata Amalia
Keyword(s):  
Money Laundering ◽  
Criminal Law ◽  
Corporate Responsibility ◽  
Islamic Law ◽  
Criminal Liability ◽  
Legal Action ◽  
Legal Entity ◽  
Article 5 ◽  
Corporate Criminal Liability ◽  
Legal Entities

Abstract: This article highlights a corporate responsibility in the crime of money laundering in accordance with Islamic law. Corporate criminal liability set forth in article 6 of Law No. 8 of 2010 which states that in the case of money laundering as defined in Article 3, Article 4 and Article 5 committed by a corporation, crime laid against and/or personnel controlling corporation. Islamic law also recognize the existence of the legal entity or corporation. This is evidenced by the jurists who introduced treasury as the legal agency. It has rights and can take legal action but can not be burdened with responsibility because they do not have the knowledge and choice. So that if a legal agency has committed a crime then a person who should be accountable are administrators or managers of the legal agency. But there are also penalties for legal entities, such as the punishment of dissolution, destruction, eviction and foreclosure.Keywords: Corporate, money laundering, Islamic criminal law. Abstrak: Artikel ini membahas tentang pertanggungjawaban korporasi dalam tindak pidana pencucian uang menurut hukum Islam. Pertanggungjawaban pidana korporasi diatur dalam pasal 6 UU No. 8 tahun 2010 yang menyebutkan bahwa dalam hal tindak pidana pencucian uang sebagaimana dimaksud dalam pasal 3, pasal 4, dan pasal 5 dilakukan oleh korporasi, pidana dijatuhkan terhadap dan/atau personil pengendali korporasi. Hukum Islam juga mengenal adanya badan hukum atau korporasi, hal ini dibuktikan dengan para fuqaha yang mengenalkan baitul mal (perbendaharaan negara) sebagai badan hukum. Badan hukum ini mempunyai hak dan dapat melakukan tindakan hukum tetapi tidak dapat dibebani pertanggungjawaban karena tidak memiliki pengetahuan dan pilihan. Sehingga apabila badan hukum melakukan suatu tindak pidana maka yang dapat dimintakan pertanggungjawaban adalah pengurus atau pengelola badan hukum tersebut, tetapi ada pula hukuman bagi badan hukum, seperti hukuman pembubaran, penghancuran, penggusuran dan penyitaan.Kata Kunci: Korporasi, pencucian uang, hukum pidana Islam

scholarly journals RELEVANCE OF LEGAL ENTITY BAIT AT-TAMWIL (BT) BASED SYIRKAH FOR ISLAMIC BANK

2017 ◽  
Vol 5 (3) ◽  
Author(s):  
Burhanuddin Harahap ◽  
Luthfiyah Trini Hastuti ◽  
Solikhah
Keyword(s):  
Islamic Law ◽  
Limited Liability ◽  
Primary Data ◽  
Islamic Banks ◽  
Limited Liability Company ◽  
Group Discussions ◽  
Legal Entity ◽  
Islamic Financial Institutions ◽  
Legal Identification ◽  
Legal Entities

<p align="center"><strong>ABSTRACT</strong></p><p>               This study seeks to study the problems of incompatibility entities which exist in Indonesia.It is not compatible to the existing Islamic financial institutions in Indonesia because of differing philosophies. The problem studied is the barriers faced by Islamic banks regarding the necessity of Islamic banks incorporated limited liability company and the relevance of the legal entity Bait at-tamwil (BT) based syirkah for Islamic banks. Research methods used is an empirical law. It consists of research the legal identification and research on the effectiveness of the law.The type of data  are primary data and secondary data.The collection methods with interviews, focus group discussions and literature.Techniques of data analysis in this research  use the model interLawive analysis. The results showed that legal entity of the Limited Liability Company for Islamic banks are not suitable to meet the demands as stipulated in Islamic law. The Lawivities of Islamic banks are to meet the demands of sharia standards.Legal entity must be based on Islamic principles.It is not based on the principles of western culture where come from seculer perspective, limited liability company, individual, liberal and capital. Therefore the concept of a legal entity Bait at-Tamwil is very relevant to be legal entities Islamic banks which Islamic banks are really syar'i.</p><p><em>Keywords: legal entities, bait at-tamwil, Islamic banks</em></p>

Theorizing Charismatic Authority in Early Islamic Law*

2007 ◽  
Vol 1 (2) ◽  
pp. 129-158
Author(s):  
Jonathan E. Brockopp
Keyword(s):  
Dynamic Model ◽  
Islamic Law ◽  
Religious Traditions ◽  
Islamic Studies ◽  
Long Line ◽  
Charismatic Authority ◽  
Early Islamic ◽  
Do So

In Islamic Studies, charisma has usually been reserved for the study of marginalized individuals. I argue here that charisma may also be applied to leadership among legal scholars. To do so, I join a long line of scholars who have modified Max Weber’s initial insights, and put forth a new, dynamic model of charismatic authority. The purpose of my model is to account for the fact that religious histories emphasize the uniqueness of the originating charismatic event, be that Prophet Muhammad’s revelations, Jesus’ theophany or the Buddha’s enlightenment, while at the same time recognizing that the charismatic cycle never quite ends. In contrast with Weber, I argue that charismatic authority in religious traditions is best understood as a network of influence and interaction through which the routinization of charisma reinterprets and redefines the meaning of the originating charismatic event.

Rhetoric, Commonplacing, and Poetics

2017 ◽  
Author(s):  
Andrew Hadfield
Keyword(s):  
Sixteenth Century ◽  
Moral Philosophy ◽  
Rhetorical Theory ◽  
Theory And Practice ◽  
Popular Work

Chapter 4 examines a variety of treatises and debates about rhetoric and its value, and whether the art of persuasion could be a dangerous tool in the hands of the unscrupulous or even whether it was a skill that risked corrupting the user, dangers that were identified by Quintilian, whose Institutio Oratoria (The Orator’s Education) shaped so much rhetorical theory and practice in the Renaissance. The chapter explores the practice of commonplacing, noting down particular maxims which could then serve as the basis of explorations of issues, a practice that, like rhetoric, generated anxiety about truth, falsehood, and lying. Particular attention is paid to Erasmus’s Colloquies and Lingua; William Baldwin’s A Treatise of Moral Philosophy, the most popular work of philosophy in sixteenth-century England; the use of commonplaces in Montaigne’s Essays; George Puttenham’s use of proverbs and figures in his Arte of English Poesie (1589); and Sir Philip Sidney’s understanding of poetry as lying in The Defence of Poetry.

DEPENDENCE OF THE COMPANY'S LEGAL PERSONALITY FROM THE PERSONALITY OF ITS SHAREHOLDER AS A TREND OF LEGISLATION AND LAW ENFORCEMENT PRACTICE

2021 ◽  
Vol 14 (2) ◽  
pp. 52-58
Author(s):  
MARIETTA SHAPSUGOVA ◽  
Keyword(s):  
Law Enforcement ◽  
Limited Liability ◽  
Complete Separation ◽  
Socialist Economy ◽  
Legal Entity ◽  
Legal Personality ◽  
Long Time ◽  
Law And Legislation ◽  
Market Relations ◽  
Legal Entities

The concept of a legal entity as an independent legal entity, independent distinctiveness of its participants was formed gradually. In the Fatherland Law, it reached its climax in the Soviet era. It was then that such classical features of a legal entity were formulated as organizational unity, property isolation, and independent responsibility. The economic system drove this approach. In a planned socialist economy, an individual could not be the owner of the means of production, and therefore the legal personality of an enterprise was maximally alienated from a person's personality, which was reflected in its characteristics. For a long time, by inertia in Russian law and legislation, this alienation of the shareholder's personality from the legal entity's personality was preserved. The reason for the revision of this approach was the abuse by limited liability participants of legal entities controlled by them, using such a person as a "mask" for their activities and leading to a violation of creditors' interests. In this regard, with Russia's transition to market relations, an interest arose in the foreign theory of corporate law, which developed mechanisms to combat such abuses, studies of corporate forms of a legal entity, and mechanisms for bringing controllers and beneficial owners to justice were updated. The article examines the dynamics of the transformation of a legal entity's theory from dependence to independence and again to its dependence. It is argued that the shareholder's connection with the legal entity is preserved, and complete separation of the legal personality from the shareholder's personality is impossible, which is confirmed by the doctrine, law enforcement practice, and trends in the development of legislation on legal entities.

Sign in / Sign up

Export Citation Format

Share Document