scholarly journals PEMBATASAN WASIAT SEBAGAI BENTUK KEADILAN HUKUM ISLAM

2017 ◽  
Vol 9 (2) ◽  
pp. 169
Author(s):  
Samsul Hadi

Testament is a problem that can be found in all societies. The differences are related to what form of sentences of the testament is, when the testament is uttered, how many testaments are, and who gets the testament. In the Western law, someone may give a testament to a person or an institution with the total amount of his inheritance. This can make the family or the heirs do not get the inheritance, so that the family relationship will become unharmonious. In the traditional society in Indonesia, there is no limit of how many testaments are allowed to give. Parents usually divide the inheritance to their children while they are still alive so that there will be no broken relationship within the family. In Islam, a testament is allowed for the family members or others who are not the family members. The maximum limit of testament in general is 1/3 of the inheritance. A testament for others does not absolutely need the heirs’ permission. It will be different if the testament is for the heirs; it is only allowed when the other heirs permit. The hindered heir (if the member of the family is not Moslem) can get a part of the inheritance by the ‘wajibah’ testament. This provision indicates the importance of family relations and the realization of justice, because all can get the inheritance from the testate.[Wasiat merupakan persoalan yang hampir ada pada semua masyarakat. Perbedaan yang ada terkait bentuk kalimat wasiat, waktu pengucapan wasiat, jumlah wasiat, dan siapa yang mendapatkan wasiat. Dalam hukum Barat, terdapat wasiat yang diberikan oleh pewasiat kepada seseorang atau lembaga dengan jumlah keseluruhan harta. Hal ini membuat keluarga atau ahli waris tidak mendapat harta warisan, sehingga hubungan kekeluargaan menjadi tidak harmonis. Dalam masyarakat adat Indonesia, tidak ada batasan berapa jumlah wasiat yang diperbolehkan. Orang tua biasanya membagi harta kepada anak-anaknya ketika masih hidup agar nantinya tidak terjadi perpecahan dalam keluarga. Dalam Islam, wasiat diperbolehkan untuk orang lain atau untuk anggota keluarga. Batasan maksimal wasiat secara umum adalah 1/3 dari harta peninggalan. Wasiat untuk orang lain tidak harus dengan izin ahli waris. Hal ini berbeda dengan wasiat untuk ahli waris, baru diperbolehkan apabila ahli waris lain mengizinkan. Adapun ahli waris yang terhalang, maka bisa mendapatkan bagian dari harta peninggalan dengan cara wasiat wajibah. Ketentuan ini menunjukkan pentingnya hubungan keluarga dan terwujudnya keadilan karena semuanya bisa mendapatkan harta dari peninggalan pewasiat/pewaris.]

2021 ◽  
pp. arabic cover-english cover
Author(s):  
علي عبد العزيز سيور

يجيب البحث عن إشكالية تتعلق بالعلاقات الأسرية من جهة الاحتكام للأعراف في النفقة والمسكن والملبس وغيرها، مما يترتب على ذلك خلافات تفضي ببعضها إلى المحاكم، وقد تنتهي بالطلاق. وقد هدف البحث إلى : 1 ـ تقديم منظومة معرفية متعلقة بدلالات العشرة بالمعروف من أجل الإسهام في إعادة تشكيل عقلية ناضجة للزوجين تضبط العلاقة بينهما عند الخلاف. 2 ـ تسليط الضوء على أبعاد وحدود المعروف نصًا والمعروف عرفًا في الأسرة. 3 ـ التأكيد على أن العشرة بالمعروف متبادلة بين كل من الزوج والزوجة، لا يقتصر هذا التكليف على واحد دون الآخر. وقد اعتمدت المنهج الاستقرائي عبر جمع الايات القرآنية ذات الصلة وذكر أقوال المفسرين والفقهاء، والمنهج التحليلي في فهم دلالات الألفاظ وتوجيهات المفسرين، والمنهج الاستنباطي بغية الوصول إلى ضوابط جامعة تخدم الهدف العام للبحث، وانتهى البحث إلى مجموعة من النتائج والتوصيات ومنها: اعتبار العرف الذي لا يخالف نصًا شرعيًا قاعدة من القواعد المعتبرة في ضبط العلاقات بين الزوجين. بشرط أن يقع تحت قدرة الزوج وطاقته، وأن يكون مما انتشر بين الناس، وينطبق على الأسرة مثله. القرآن الكريم ـ العشرة بالمعروف – العلاقة الأسرية – الحقوق بين الزوجين – العرف وأثره بين الزوجين. Summary The research answers a problem related to family relations in terms of resorting to customs in alimony, housing, clothing, and others...which results in disputes that may lead to some of them in the courts and may end in divorce. The aim of the research was to 1 - presenting a knowledge system related to the semantics of the good-natured in order to contribute to reshaping a mature mentality of the spouses that controls the relationship between them in the event of disagreement. 2 - and to shed light on the dimensions and limits of what is textually known and what is known by convention in the family. 3 - Emphasis on that good practice is mutual. Between both husband and wife, this assignment is not limited to one without the other. The inductive approach was adopted by collecting the relevant Qur’anic verses and mentioning the sayings of the commentators and jurists, the analytical approach in understanding the semantics of the words and the directives of the interpreters, and the deductive approach in order to reach comprehensive controls that serve the general objective of the research, and the research ended with a set of results and recommendations, including: Considering the custom that does not contradict A legal text is one of the considered rules in controlling relations between spouses. Provided that it falls under the husband’s ability and energy, and that it is something that has spread among people, and applies to the family like him. The Noble Qur’an - Ten Laws - Family Relationship - Rights between spouses - Custom and its effect between spouses.


Author(s):  
O. Tsarkova ◽  
H. Warina

The article is devoted to the analysis of the determinants of the successful establishment and functioning of the system of re-socialization of convicts. The relevance of this problem is determined by the contradiction between the need to return prisoners to a full life in society, the need to reproduce their family interaction skills, and the insufficient theoretical, methodological and methodical elaboration of this problem. The goal is to determine the features of resocialization and disclosure of the content and essence of adaptive family relations of convicts as a factor in the prevention of recidivism in modern scientific, theoretical and practical conditions of activity and functioning of the social and legal state. It has been determined that one of the most important aspects of the return of persons serving a sentence to a full-fledged life in society is the reproduction of their skills of adaptive social interaction, including adequate family behavior, correction of permanent and rigid role and behavioral stereotypes. The family relationship of the convicted person is considered as one of the reasons for his criminal behavior and the object of early prevention of unlawful behavior. Among the features of the family relations of convicts, the following characteristic is singled out: a significant weakening of their positive ties in society. The study led to the conclusion that the restoration of socially useful relations and the formation of adaptive family behavior, the legal status of the released without the provision of effective assistance is impossible. The resocialization of persons released from places of deprivation of liberty involves the active management of this process by penitentiary institutions and state bodies, the elimination or neutralization of negative factors that impede the return of persons who have served their sentences to socially useful activities. A comprehensive approach to the process of resocialization and to the study of this socio-legal category in modern conditions of humanization and democratization of society is needed.


1879 ◽  
Vol 11 (2) ◽  
pp. 171-237
Author(s):  
T. E. Colebrooke

It is well known that proper names in the East, and especially among the Mohammadans, follow no such simple rule as that which has long prevailed in modern Europe, where the Christian name or names conferred in infancy and the family name or surnames are usually borne through life, and where it is a matter of suspicion to have an alias. In the East, on the other hand, we hear of persons gathering up in the course of their career a variety of names, and being popularly known by one or other of them at different periods, and to an extent that gives rise to perplexity. This was notably the case among the Arabs in the height of their preeminence. A person might receive a name in his infancy (usually conferred on his birth or at his circumcision), and to this might be added a patronymic, or a name expressive of his paternal or family relations. He might then receive a title expressive of his zeal for the faith, and soubriquets descriptive of his personal qualities or appearance, or the country or town in which he was born or had settled, or the religious sect to which he belonged ; and if he played a part in public life, to all these might be added, as in Europe, a title or titles of dignity; and if he had acquired a reputation as an author, he might assume some name of fancy. These various names or titles might never be united in the same individual, but the combinations are numerous and shifting. Certain rules are observed in their formation or application, but it was a matter of accident by which of these designations a person might be known to his contemporaries, or his name transmitted to modern times.


Blood ◽  
2010 ◽  
Vol 116 (21) ◽  
pp. 5056-5056
Author(s):  
Ru Feng ◽  
Lixia Hao ◽  
Yongmin Zhang ◽  
Yongqiang Wei ◽  
Fen Huang ◽  
...  

Abstract Abstract 5056 Introduction: JAK2V617F point mutation have been confirmed to be one of the major molecular mechanism of BCR/ABL negative myeloproliferative disorders(MPD). Besides, some other gene mutations such as JAK2 exon12, MPL W515L/K, c-mpl and EPOR have extended the scope of the research in this field. Most of the MPD patients are sporadic and there are seldom reports in Chinese familial MPD. 2008 ASH metting we have reported in a Chinese family of MPD's findings, the two brothers in our hospital diagnosis for MPD (one is a PV, another is ET), then we investigated the 15 members of the family. We discovered that there were three male members carried the JAK2V617F mutation in this family, including the two MPD patients and their father, which affected in two generations. All the family members were confirmed as BCR/ABL, MPL W515L/K, c-mpl, and EPOR negative. Subsequently, in order to understand the existence of family members in addition to the gene JAK2 V617F mutation, the existence of JAK2 gene mutations in other parts of the? if other mutations in existence and the high incidence of family members of MPD? We focus on the cDNA full-length of JAK2 gene to provide some theory basis on the pathogenesis in MPD. Methods: A total of 15 family members were enrolled in our study, including 2 brothers of MPD patients (the older one was thrombocythemia (ET), and another is polycythemia vera (PV)) and the other members in the same family. The mRNA of mononuclear cells from peripheral blood sample was extracted according to the manufacturer's instruction (TAKARA). RT-PCR and DNA sequencing have been used to analyze the cDNA full-length of the JAK2 gene. Results: All of the samples can be analyzed for JAK2 cDNA full-length. 3 members carried the JAK2V617F mutation (1849G®T) in this family, including the two MPD patients and their father. And the older brother was homozygous mutation and the other two were heterozygous mutation. All of the 15 samples were JAK2 exon12 gene mutation negative. 2 persons who were the male ET patient's children had a heterozygous mutation (380G®A) in JAK2 exon 3, caused a glycine-to-asparticacid substitution at position 127. Besides, 13 persons had 489C®T mutation in exon 4 and 14 persons had 2490G→A mutation in exon 17 in this family, But they were both same-sense mutation. Conclusion: It is necessary to do routine analysis of blood and other related inspection for MPD patient's family members, so as to make diagnosis earlier. However, we are not sure that the sequencing results are unique to all the familial MPD and need to be confirmed by more cases. We still do not determine the current discovery point mutations have biological significance, still need to be further explored. Disclosures: No relevant conflicts of interest to declare.


Author(s):  
Angelika Cieślikowska-Ryczko

The article focuses on the family relations of people sentenced to imprisonment. The aim of the project is to study the relations between former prisoners and their family members, particularly to define various strategies of rebuilding family relations, applied by former prisoners in the process of social adaptation. Based on the reconstruction of biographies of adult people who experienced the imprisonment of a parent during their childhood, adolescence and early adulthood, the author characterised various strategies of rebuilding relations, as well as difficulties and setbacks connected with breaking and losing the bond. The study made use of qualitative strategies of sociological analyses (biographical method). 31 narrative interviews with people who experienced penitentiary isolation of their parent (adult children of prisoners, aged between 18 and 70) were conducted as part of the study.


Author(s):  
I MADE ADI DWIRANA PUTRA ◽  
KETUT BUDI SUSRUSA ◽  
NI WAYAN PUTU ARTINI

Analysis Of Household Consumer Demand On Bulk Cooking Oil in Denpasar CityNowadays cooking oil is sold in two forms; one is referred to as bulk cooking oil‘minyak goreng curah’ and the other is referred to as packaged cooking oil ‘minyakdalam kemasan’ with a particular trademark. However, the consumers in Denpasar stillprefer the bulk cooking oil to the packaged cooking oil. This present study was intendedto identify the factors contributing to the demand for the bulk cooking oil and theelasticity of the demand in Denpasar City. The study was conducted at Satrya Market,Sanglah Market, Kreneng Market, and Badung Market, which were all purposivelydetermined. The samples were taken using the accidental sampling technique, totaling40 and were purposively determined. This research uses Cobb-Douglas function withtransformed data. The independent variables were X1 (the price of the bulk cooking oil),X2 (the price of the packaged cooking oil), X3 (the price of chicken), X4 (the number offamily members), and X5 (the family income). The result of the model was as followslnY = -5,876 – 2.184lnX1* + 3.588lnX2* - 0.332lnX3 + 0.311lnX4* + 0.244lnX5*. Thefactors which contributed to the demand for the bulk cooking oil were its price, the priceof the packaged cooking oil, the price of chicken, the number of family members, andthe family income. The price of the bulk cooking oil showed elasticity. The crosselasticity showed that the packaged cooking oil was a substitution commodity and thatchicken was a complementary commodity. The income elasticity showed that the bulkcooking oil was an inferior commodity.


2017 ◽  
Vol 39 (7) ◽  
pp. 1962-1983 ◽  
Author(s):  
Paul Schrodt ◽  
Tamara D. Afifi

This study examined the associations among family members’ reports of negative relational disclosures and their feelings of being caught. Participants included a mother, father, and young adult child from 170 families. Social relations analyses revealed positive associations between each family member’s actor effect for negative disclosures (i.e., each member’s individual disposition to perceive receiving negative disclosures across all family relationships) and their feelings of being caught between the other two members of the family triad. The child’s actor effect for receiving negative disclosures from parents was positively associated with both parents’ feelings of being caught between their child and spouse. Important patterns of association emerged between unique relationship effects of receiving negative disclosures and family members’ feeling caught. Whereas negative disclosures in parent–child dyads were positively associated with feeling caught (especially for mothers and children), in spousal dyads, they were inversely associated with feeling caught.


2021 ◽  
Vol 25 (325) ◽  
pp. 147-159
Author(s):  
Mariusz Snopek

The questions addressed in the present paper concern the family relations of persons deprived of freedomwho – remaining in the prison environment – have been degraded, that is convicts occupying the lowestrung in the informal penitentiary system, so-called victimized prisoners. They make a specific community,rejected and humiliated by other inmates. The necessity to ensure safety to them and help them protecttheir personal characteristics generates difficulties in activities of rehabilitative character.The aim of the research was to show the family relations of people degraded in the prison environment– a subject that has not been studied to date. The method of diagnostic survey was used, including thetechnique of questionnaire and interview. Two original research tools were designed. The research wasconducted within a group of 151 victimized prisoners and 15 correction officers.Good relations with the loved ones, on the other hand, influence the convicts both whole in the penalinstitution and after they leave it. Furthermore, the convicts’ consciousness that they are supported by theirclosest relatives determines their thinking about themselves: they do not feel rejected, which – in the caseof persons degraded in their environment – is of utmost importance.


2016 ◽  
Vol 10 (supp1) ◽  
pp. 61-74 ◽  
Author(s):  
Deusivania Vieira da Silva Falcão ◽  
Maycoln Leoni Martins Teodoro ◽  
Júlia Sursis Nobre Ferro Bucher-Maluschke

In this regard, investigating these aspects might facilitate the evaluation of family relations and the development of interventions that create, keep, restore, or enhance the skills families need to better deal with the disease. Based on this information, the objective of this chapter is to present and discuss investigative research on family cohesion and hierarchy from the perspective of caregiver daughters of elderly with Alzheimer’s in four situations: before the disease, currently, in conflict, and ideally. 32 women caretakers and their respective parents (6 fathers and 26 mothers) diagnosed with possible or probable AD participated in the survey. The instruments used were the Mini-Mental State Examination (MMSE) in an Open Interview with a Semi-Structured Script, and the Family System Test (FAST). We observed that before onset of the disease, the caregivers generally perceived themselves to have more hierarchy than their siblings, χ2(2) = 4.92, p < .10. The current situation showed a greater number of caregivers in higher hierarchical positions than their siblings (72%), and a lesser number of siblings than expected in higher hierarchical positions than the caregivers, χ2(2) = 18.32, p < .001. The ideal representation showed that most caregivers did not want themselves or any of their siblings to have more power than the other (66.7%), χ2(2) = 14.89, p < .001. Comparing conflict representations to ideal representations showed that family members demonstrated lower cohesion in conflict situations than in ideal situations, z = -2.86, p < .01.


2019 ◽  
pp. 31-58
Author(s):  
Dabin Kim ◽  
Gyoengseon Min

Clay Dolls, which means a doll made of earth, was excavated from the Silla area, mainly in Gyeongju. Accordingly, research on clay figurines in Silla has been carried out actively and it would not be too much to say that it was mostly Silla’s clay figurines which have been mostly studied so far. The study of clay figurines of Gaya has been relatively slow, probably due to the fact that the cases of excavations are very limited. Recently, various types of clay figurines have been excavated from the presumed royal palace site of Geumgwan Gaya under the excavation and investigation by the National Research Institute of Cultural Heritage. Earlier in Gimhae, a variety of clay figurines, including character clay figurines, were excavated in an excavation to create a site for a hanok living experience center. Based on these new data, this paper tries to infer the different characters, roles and significance of clay figurines in Gaya society, by studying various kinds of clay figurines excavated from Geumgwan Gaya territory. Bonghwang-dong, which is believed to be the center of Geumgwan Gaya, is a complex of relics including living facilities, hospitality facilities, trading facilities, workshop sites and earthen fortresses. Various clay figurines were excavated at the main sites of Bonghwang-dong s historical site, from which that the people of Gaya used clay dolls to perform ceremonial acts there can be inferred. In Bonghwang-dong sites other than the presumed royal palace ruins, horse shaped clay dolls and the clay dolls resemble utensils used in rituals are usually found. human figured clay dolls, animal figured clay dolls, house figured clay dolls have been excavated around the presumed royal palace ruins within Bonghwang-dong site which differentiates this region from the rest of the site. Along with the presumed royal palace ruins, there is a tendency of various clay figurines being found in the other ruin in the hanok living experience center with multiple purpose relics. In conclusion, there is a possibility that clay dolls had been used to wish for the well-being of the family members by the ruling group, or the well-being of the community at importance areas like the presumed royal palace ruins and the hanok living experience center ruins. This kind of tendency is found in many ruins around the Ancient Gimhae Bay(Gogimhae-Man), which leads to an assertion that various rituals and ceremonial acts had been carried out using clay dolls throughout that area.


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