scholarly journals PEMIKIRAN IBNU HAZM TENTANG TIDAK GUGURNYA HAK HADANAH BAGI IBU YANG SUDAH MENIKAH KEMBALI DAN RELEVANSINYA TERHADAP KONTEKS INDONESIA

2016 ◽  
Vol 8 (2) ◽  
pp. 141
Author(s):  
Muhamad Izzul Aqna
Keyword(s):  
Child Custody ◽  
Islamic Law ◽  
Legal Discourse ◽  
Point Of View ◽  
Additional Source ◽  
Important Thing ◽  
The Creation ◽  
The Right ◽  
Taking Care

The most important thing to consider following every divorce is the matter of child custody (hadanah). At this point, Ulamas differ whether the right of mothers toward custody is annulled or not should they remarry. Jumhur Ulamas argue that mother’s right is annulled in this case, but Ibnu Hazm differently argues that the mother still holds her right on child custody under condition that she could be trusted in nurturing children. From scriptural point of view (nas), the writer found the solution that the anxiety of Jumhur toward remarried mother in neglecting child’s right can be vanished should the mother and step father could be trusted both in taking care and educating the child (Ibnu Hazm). Furthermore, exposed to Indonesian legal discourse, It is argued that the book entitled al-Muh}alla> written by Ibnu H}azm inevitably becomes additional source of the creation of KHI (the compilation of Islamic law). Eventually, this study confirms previous notions stating that Ibnu Hazm’s tought is relevant and applicable within Indonesian context.

scholarly journals Update on the management of orbitozygomatic fractures

2020 ◽  
Vol 27 (1) ◽  
pp. 8
Author(s):  
Bredel Djeri Djor Mabika ◽  
Allaye Garango ◽  
Saad Lahmiti ◽  
Dominique Nguessan ◽  
Toua Antoine Coulibaly ◽  
...  
Keyword(s):  
Additional Data ◽  
Maxillofacial Surgery ◽  
Point Of View ◽  
Facial Trauma ◽  
Management Approach ◽  
Important Thing ◽  
The Subject ◽  
The Right

Orbitozygomatic fractures are an important aspect of facial trauma. Although the literature in maxillofacial surgery is rich on the question, this article resulting from the experience of a maxillofacial surgeon brings additional data in the knowledge of the subject. This is particularly the case with regard to the principles of examination, the pathways first, the principles of restraint and osteosynthesis, and the various surgery-related complications, as well as the precautions to be adopted to minimize them. The most important thing to remember is that the management approach is often variable, and the right choice is summed up in the clinical perception and level of expertise and comfort of the surgeon, while also considering the patient's point of view.

scholarly journals A importância da libras no processo de inclusão social do cidadão surdo no Brasil: da escolarização até o mercado de trabalho

2020 ◽  
pp. 36929-36934
Author(s):  
Keyword(s):  
Labor Market ◽  
Social Inclusion ◽  
Deaf Students ◽  
Federal Constitution ◽  
The Creation ◽  
The Right ◽  
Different Levels ◽  
Taking Care

This article clarifies the inclusion of deaf students in society, agreeing with the importance of this right, and thus, in a succinct way, highlights the legal bases that ensure the right from education to the labor market, defines what inclusion is, difficulties faced by deaf and / or deaf citizens in this process, exposing the importance of the school and the teacher in this process of social inclusion. The research was carried out through bibliographic surveys by means of true and legitimate documents. It is considerable nowadays, to defend that education is a right of all, and that it is ensured in the Federal Constitution, taking care not only to guarantee entry, but to structure it so that it remains and is successful in that school path, at different levels of education when it is known that Brazil has advanced in terms of the creation of laws, protection and protection for people with deafness.

scholarly journals DALUWARSA DALAM PENUNTUTAN PIDANA PERSPEKTIF HUKUM PIDANA ISLAM

2016 ◽  
Vol 2 (1) ◽  
pp. 128-157
Author(s):  
Firdaus Firdaus
Keyword(s):  
Criminal Law ◽  
Islamic Law ◽  
Point Of View ◽  
Criminal Prosecution ◽  
The Right ◽  
Muslim Scholars

Abstract: This article discusses the different point of view among the Muslim scholars about whether expired can abolish the punishment or not according to Islamic criminal law. Majority of Muslim scholars view that it cannot abolish the punishment. For those who hold the principle of expiry, they do not consider it as a penalty cancellation for entire jarîmah. Islamic law sees expired is only included to cancel the right to carry out the sentence. Thus, in the perspective of Islamic criminal law, any persons who have committed a crime and it has not yet sentenced and has already expired, it does not mean that the criminal is not removed. This means that a person who commits criminal act and it is prosecuted at any times, so the case can be tried. While the expired is valid only when the crime carried out by someone has got the judge's ruling, so that the perpetrator is serving as the judge ousted.Keywords: Expired, criminal prosecution, Islamic Criminal Law.                                Abstrak: Artikel ini membahas tentang daluarsa dalam penuntutan pidana perspektif hukum pidana Islam. Dalam hukum pidana Islam, di kalangan Ulama masih diperselisihkan, apakah daluwarsa dapat menghapuskan hukuman atau tidak. Menurut kebanyakan fuqaha, daluarsa tidak menghapuskan hukuman bagi seluruh jarîmah. Daluwarsa hanya masuk dalam bagian yang menghapuskan hak untuk melaksanakan hukuman. Dengan demikian, dalam perspektif hukum pidana Islam, setiap orang yang telah melakukan tindak pidana dan terhadap perbuatan pidana itu belum sampai dijatuhi hukuman, maka meskipun sudah daluwarsa, pidana tidak menjadi hapus. Ini berarti orang yang melakukan tindak pidana kapan waktu saja dapat dituntut atau perkaranya dapat diadili. Sedangkan daluwarsa hanya berlaku manakala tindak pidana yang telah dilakukan  seseorang  itu  telah  mendapat putusan  hakim  sehingga  orang tersebut harus menjalani hukuman sebagaimana yang telah dijatuhkan hakim.Kata Kunci: Daluarsa, penuntutan pidana, hukum pidana Islam. 

scholarly journals Muslim Bank as a Historical Category: Creating Credit Institutions for Muslims In the First Half of the 20 th Century

2020 ◽  
Vol 13 (5) ◽  
pp. 149-167
Author(s):  
R. I. Bekkin
Keyword(s):  
Islamic Law ◽  
Point Of View ◽  
Western World ◽  
Islamic Banks ◽  
Ruling Class ◽  
Independent State ◽  
The Creation ◽  
Natural Result ◽  
Muslim Communities ◽  
Credit Institutions

Abstract: The article examines theoretical and practical aspects of the activities of Muslim banks in the countries of Eurasia in the first half of the 20th century. These credit institutions were created on the initiative of Muslim entrepreneurs who sought to have an affordable source of financing for their activities. Muslim banks were an important element of the financial system of a number of countries during the era of colonialism. In the context of competition in the capital markets between Western banks and credit institutions belonging to different religious and ethnic groups, as well as competition of the latter with each other, Muslim banks acted as an instrument for ensuring the economic independence of Muslim communities in a number of countries and regions in the period under review. After the countries of Asia gained independence, Muslim banks were transformed into ordinary national banks.The activities of Muslim banks are considered in the article against the background of discussions on the admissibility of loan-based banking operations in the context of the prohibition of usury (riba) in Islamic law. The article emphasizes that Muslim banks in their activities relied on the theological and legal conclusions (fatwas) of Islamic scholars who considered such activities legitimate and not falling under the Quranic concept of usury.The author adheres to the point of view that the creation of an independent state or nationalterritorial / national-cultural autonomy of Muslims was a natural result of the struggle of the Muslim bourgeoisie with competitors for the markets for goods and services in a number of countries and regions, considering both Muslim and Islamic banks only as a certain stage in the development of banking in a number of countries in Asia, Africa and Europe.The article disputes the idea that both Islamic banks and the Islamic economic model as a whole are monolithic structures that cannot be modified. According to the author, the very creation of Islamic banks, as well as their convergence with conventional (non-Islamic) credit institutions, which we observe today, is a natural result of a change in the economic interests of the ruling class both in the countries of the spread of Islam and in the Western world.The article examines the history of the creation of Muslim banks in Bosnia and Herzegovina and in British India. These regions are brought together by the fact that Muslims who lived there were forced to compete with representatives of other ethno-confessional groups and communities living in the same territory. Particular attention is paid to the theological and legal discussions on the creation of a Muslim bank in Russia.

Some Notes on the Feudal System of the Mamlūks

1937 ◽  
Vol 69 (1) ◽  
pp. 97-107 ◽  
Author(s):  
A. N. Poliak
Keyword(s):  
Islamic Law ◽  
Arab World ◽  
Point Of View ◽  
The West ◽  
Literary Sources ◽  
Economical Development ◽  
Mongol Empire ◽  
The Right ◽  
The Military ◽  
Technical Terms

The feudal system of the Mamlūks is of great interest not only because it existed for 267 years in the leading state of the Arab world and left some permanent marks on the subsequent social and economical development of Egypt, Syria and Palestine, but also from the sociological point of view, being the result of an intermixture of three various feudal systems which corresponded to peculiar cultural worlds: the Mongol, the Islamic, and the West European. The fundamental principles were borrowed from the Mongol Empire and consequently all the lawsuits relating to the fiefs were settled not by the qāḍīs and according to the Islamic Law, but by the military judges (ḥujjāb) and according to the laws based upon the rules of Chingiz Khān. The technical terms used in the official Arabic-written documents and in the Arabic literary sources were partly borrowed from the terminology of the Islamic Law, but their sense was considerably removed from their ancient meanings—which may signify that they were now used only as more or less faithful translations of the terms employed in the Turkish dialect of the Mamlūks. The Western feudalism, brought to Syria by the Crusaders, influenced the Mamluk system chiefly through the medium of the native tribal chieftains, who after having been vassals of the kingdom of Jerusalem were gradually becoming feudatories of the Sultan of Cairo, and sometimes received the feudal charters from both powers at the same time. In the charters granted by the Latin rulers of Sidon (in 1256) and Beirut (in 1280) to two chieftains of the Buḥturide family the term “fief” is translated by the word shahāra, which means “a land given in reward for a service”, but the word mulk is also used, as well as the verbs a'ṭā and wahaba which usually refer to the unconditional transfers of the right of possession.

scholarly journals CHILDRENS EVIDENCE IN CUSTODY DISPUTES CASES IN THE SHARIA COURTS

2021 ◽  
Vol 9 (08) ◽  
pp. 467-472
Author(s):  
Zaini Nasohah ◽  
◽  
Wafaa Yusof ◽  
Zuliza Mohd Kusrin ◽  
Muhammad Nazir Alias ◽  
...  
Keyword(s):  
Child Custody ◽  
Islamic Law ◽  
Legal Provisions ◽  
Custody Disputes ◽  
Evidence Disclosure ◽  
The Right ◽  
Support Evidence

In the process of trial in court, evidence disclosure is essential to uphold justice. Basically, every party is qualified to provide evidence before the judge decides. In the case of child custody disputes, besides the statements by the mother and the father, statements from the child involved can help the court in making the right decision. According to Islamic law, children who have attained the age of mumayyiz can be given the opportunity to choose. In addition, their views can also be taken as a support evidence to help the court make a decision. This article will analyse childrens rights to express their views, particularly in the determination of child custody disputes. The debate also looks at current legal provisions and practices in the Sharia Court. The analysis found that judges approach in accepting childrens evidence varies. There are still no specific procedures that can be used as a guide by the Sharia Court. The differences include the methods of interviewing or taking recorded statements, the procedures applied and the location where statements are recorded.

Civil procedure reform: appeal and cassation courts of general jurisdiction

2019 ◽  
pp. 573-580
Author(s):  
Tigran Tigranovich Aliev ◽  
Anastasia Olegovna Yatsenko ◽  
Aleksandr Dmitriyevich Zolotuhin
Keyword(s):  
Russian Federation ◽  
Civil Procedure ◽  
Point Of View ◽  
Historical Background ◽  
Federal Law ◽  
The Past ◽  
The Russian Federation ◽  
Points Of View ◽  
The Creation ◽  
The Right

The study is devoted to the consideration of the civil procedural legislation reform. The review notes the significance and consequences of two federal laws: Federal Law of November 28, 2018 no. 451-FZ “On Amending Certain Legislative Acts of the Russian Federation” and Federal Law of December 9, 2010 no. 353-FZ “On Amending to the Civil Procedure Code of the Russian Federation”. The study contains two points of view on the content of the changes. The first point of view is presented by T.T. Aliev and A.O. Yatsenko. We point to one of the most important changes in the procedural legislation – a change in the representation institution in court. We propose the creation of a register of persons who have the right to be representatives in court. We also consider the creation of appeal and cassation courts of general jurisdiction. On this aspect of civil procedure reform, special attention is paid in the second point of view presented by A.D. Zolotuhin, who reveals not only the essence of changes, but also notes the historical background, as well as the theoretical characteristics of the changes. Both approaches to the review of the past reform emphasize that the procedural legislation reform meets current needs, but requires careful and consistent implementation.

scholarly journals The phenomenon of life in the postmodern rights or grants of the surrealism of his legal resocialization: anthropological-legal discourse

Social Law ◽  
2019 ◽  
pp. 53-59
Author(s):  
Yaroslav Melnyk
Keyword(s):  
Human Life ◽  
Legal Discourse ◽  
Value Of Life ◽  
Point Of View ◽  
Right To Life ◽  
Social Law ◽  
Social Nature ◽  
The Right

The article analyzes the phenomenon of human life in terms of postmodern law. The dependence of crisis asocial factors and temporal facets of human life on the axiological value of life is proved. These factors have been causally linked to the re-socialization of social law from a postmodern point of view. The criteria of the anthropological social nature of the existence of the phenomenon of right and right to life have been clarified. The position of finding the right in the prism of the era of surrealism of law is first substantiated.

scholarly journals INTERDISCIPLINARY APPROACH IN THE STUDY OF MARITAL LAW (STUDY OF THE DETERMINATION OF CHILD COSTODY)

1970 ◽  
Vol 21 (2) ◽  
pp. 219-230
Author(s):  
Silfa Afriyani
Keyword(s):  
Child Custody ◽  
Financial Stability ◽  
Islamic Law ◽  
Interdisciplinary Approach ◽  
Daily Lives ◽  
Court Judge ◽  
Keywords Child ◽  
The Right ◽  
Children In Care

An interdisciplinary approach is an approach that uses various scientific fields in solving a problem. The determination of child custody is usually decided by considering the age of the child. Children who are not yet mumayiz are taken care of by the mother, but when the child is an adult, they are given the choice to live with the mother or father. Through this study, the author examines the determination of child custody according to Islamic law and the Marriage Law and by using psychology and economics. That the custody of children in care must be assigned to the right person. From this paper, the author concludes that according to Islamic law, the determination of child custody takes into account the age of the child. According to Law no. 1 of 1974 concerning Marriage, the determination of child custody before adulthood is decided by a local court judge. In psychology, the determination of child custody takes into account the mental or psychological aspects of the child. Especially in terms of the child's emotional closeness, closer to the mother or father. So that way, the child's condition will be better in living their daily lives and not getting pressure. Meanwhile, by using economics, the determination of child custody is seen from the financial stability of both parents, both from the mother and from the father. Because in carrying out child care requires financially established, so that the needs of children can be met properly. So, in determining child custody, it can not only be seen from the age of the child but can use other considerations. Keywords: Child custody, Mother, Father

Application of Statutes of Limitations to Islamic Banking: The Case of Malaysia

2020 ◽  
Vol 17 (1) ◽  
pp. 56-69
Author(s):  
Aishath Muneeza ◽  
Zakariya Mustapha
Keyword(s):  
Qualitative Research ◽  
Financial Institutions ◽  
Research Methodology ◽  
Islamic Law ◽  
Islamic Banking ◽  
Legal Action ◽  
Qualitative Research Methodology ◽  
The Right ◽  
Limitation Of Action ◽  
Insight Into

Limitations of action designate extent of time after an event, as set by statutes of limitations, within which legal action can be initiated by a party to a transaction. No event is actionable outside the designated time as same is rendered statute-barred. This study aims to provide an insight into application and significance of Limitations Act 1950 and Limitation Ordinance 1952 to Islamic banking matters in Malaysia as well as Shariah viewpoint on the issue of limitation of action. In conducting the study, a qualitative research methodology is employed where reported Islamic banking cases from 1983 to 2018 in Malaysia were reviewed and analysed to ascertain the application of those statutes of limitations to Islamic banking. Likewise, relevant provisions of the statutes as invoked in the cases were examined to determine possible legislative conflicts between the provisions and the rule of Islamic law in governing the right and limitation of action in Islamic banking cases under the law. The reviewed cases show the extent to which statutes of limitations were invoked in Malaysian courts in determining validity of Islamic banking matters. The limitation provisions so referred to are largely sections 6(1)(a) and 21(1) Limitations Act 1953 and section 19 Limitation Ordinance 1953, which do not conflict with Shariah viewpoint on the matter. This study will prove invaluable to financial institutions and their customers alike in promoting knowledge and creating awareness over actionable event in the course of their transactions.

Sign in / Sign up

Export Citation Format

Share Document