MEMBERIKAN HAK WALI NIKAH KEPADA KYAI: Praktik Taukil Wali Nikah Pada Masyarakat Adat Sasak Sade

2020 ◽  
Vol 12 (2) ◽  
pp. 161
Author(s):  
Oktaviani , ◽  
Arif Sugitanata
Keyword(s):  
Sociology Of Law ◽  
Main Question ◽  
The Right ◽  
The Guardian

This article discusses about taukil wali nikah, giving the right of guardian of marriage, practiced by the members of Sasak ethnics in in Sade sub-village, Central Lombok. People in Sade give their authority of guardian of marriage to kyai. The main question is why do people in Sade practice taukil wali to the kyai?  Utilizing Soekanto’s concept of sociology of law which concentrates on the reason behind the emergence of law practices, this paper argues that that taukil wali is a form of the appreciation of the members of Sasak ethnics in Sade to Kyai, religious as well as adat prominent figure of thecommunity.  It also plays as a means how people of Sade escape from gossip which will befall them if they do not practice taukil wali by giving the right of guardian of marriage to Kyai, as the guardian has big responsible and only particular figure who can perform it, and it is kyai.Artikel ini membahas tentang praktik taukil wali kepada Kyai yang terjadi pada masyarakat suku Sasak di dusun Sade, Lombok Tengah. Masyarakat di dusun Sade mempraktikkan taukil wali dalam akad perkawinan dengan cara memberikan hak wali kepada kyai. Fokus utama kajian artikel ini adalah mengapa masyarakat Sasak Sade memberikan hak wali dalam pernikahan kepada kyai? Dengan menggunakan konsep alasan munculnya praktek hukum dalam masyarakat yang digagas oleh Soerjono Soekanto, tulisan ini menemukan bahwa praktek taukil wali nikah kepada kyai pada masyarakat Sasak Sade disebabkan oleh dua faktor, yaitu penghargaan terhadap kyai sebagai pemimpin agama dan adat, dan usaha masyarakat untuk menghindari gunjingan sosial jika menikahkan sendiri anak perempuannya. Ini terjadi karena wali nikah mempunyai tanggung jawab besar, dan hanya orang pilihan saja yang dapat melaksanakannya.

scholarly journals Clostridioides difficile Infection, Still a Long Way to Go

2021 ◽  
Vol 10 (3) ◽  
pp. 389
Author(s):  
Eleftheria Kampouri ◽  
Antony Croxatto ◽  
Guy Prod’hom ◽  
Benoit Guery
Keyword(s):  
Fecal Microbiota Transplantation ◽  
Diagnostic Algorithm ◽  
Fecal Microbiota ◽  
Diagnostic Methods ◽  
Special Focus ◽  
Surveillance Systems ◽  
Main Question ◽  
Clostridioides Difficile ◽  
Clostridioides Difficile Infection ◽  
The Right

Clostridioides difficile is an increasingly common pathogen both within and outside the hospital and is responsible for a large clinical spectrum from asymptomatic carriage to complicated infection associated with a high mortality. While diagnostic methods have considerably progressed over the years, the optimal diagnostic algorithm is still debated and there is no single diagnostic test that can be used as a standalone test. More importantly, the heterogeneity in diagnostic practices between centers along with the lack of robust surveillance systems in all countries and an important degree of underdiagnosis due to lack of clinical suspicion in the community, hinder a more accurate evaluation of the burden of disease. Our improved understanding of the physiopathology of CDI has allowed some significant progress in the treatment of CDI, including a broader use of fidaxomicine, the use of fecal microbiota transplantation for multiples recurrences and newer approaches including antibodies, vaccines and new molecules, already developed or in the pipeline. However, the management of CDI recurrences and severe infections remain challenging and the main question remains: how to best target these often expensive treatments to the right population. In this review we discuss current diagnostic approaches, treatment and potential prevention strategies, with a special focus on recent advances in the field as well as areas of uncertainty and unmet needs and how to address them.

Zahra, peace be upon her, after the Prophet, peace be upon him and his family

2021 ◽  
Vol 26 ◽  
pp. 792-822
Keyword(s):  
The Troubles ◽  
Key Word ◽  
The World ◽  
The Right ◽  
The Guardian

After her father joined the supreme companion, she lost that care, respect, and honor, and it was afflicted with grief and sorrows; sadness lost caring father, sadness the nation gives up the realization of its right, the sorrow of removing her husband from the position that God almight placed in him, sadness wasting her dignity by attacking her home, sadness hit her and drop her fetus, the great catastrophe is the sadness over the loss of what the messenger endured from the troubles in establishing the rules of religion, spreading the principles of Islam and turing the nation back, the nation has turned a blind eye to its duty towards its people, the nation is retired on the support of the guardian and helped her to seek her right to return FADAK not for the sake of money, but to defend the right of her husband in the religious states which was confirmed by the Quranic verses and the appointment of the messenger in Gadder Khum, the nation has forgotten the position it occupies among women of the nation and its preference over the women of the world, it is a period that demonstrated what some people with ambition were required to achieve, and I talked about her will that no one withness her funeral from those who wronged her, and attempts to exhume her grave in order not to implement her will, Finally, her demolished her house on the pretext of preventing the Prophets grave from being taken as a prayer, with the aim of elimination Fatimaʼs house from existence. Key word: AlBaqi, The Prophet, AL Zahra.

British newspapers’ stance towards the Syrian refugee crisis: An appraisal model study

2018 ◽  
Vol 30 (1) ◽  
pp. 64-84 ◽  
Author(s):  
Fatemeh Tavassoli ◽  
Alireza Jalilifar ◽  
Peter RR White
Keyword(s):  
Terrorist Attacks ◽  
Syrian Refugees ◽  
Refugee Crisis ◽  
Policy Changes ◽  
Syrian Refugee ◽  
Model Study ◽  
Political Orientations ◽  
The Right ◽  
Syrian Refugee Crisis ◽  
The Guardian

This study investigates the representations of the Syrian refugee crisis in commentary articles published in two British newspapers with different political orientations, The Guardian and The Telegraph. The study draws on the appraisal model as a linguistic tool to analyse the attitudinal language of the articles indicative of the stances adopted by the newspapers. Such stances have the potential to position the readers to positively view the refugees and accept them into their homeland labelled as the welcoming stance, or otherwise reject them labelled as unwelcoming. The selected 20 articles belong to September 2015 and March 2016, the beginning and end of a 6-month period during which important policy changes were made by the leading countries in the wake of 2015 terrorist attacks. The findings indicate that the left-leaning The Guardian adopts a dominantly welcoming stance towards the Syrian refugees and consistently maintains this welcoming stance after 6 months of chaos across Europe. The right-leaning The Telegraph, however, shows a more unwelcoming stance and becomes even more unwelcoming after 6 months.

scholarly journals Nikah dengan Dua Akad dan Dua Wali yang Berbeda Perspektif Maslahah di KUA Wonokromo Surabaya

AL-HUKAMA ◽  
2019 ◽  
Vol 9 (2) ◽  
pp. 399-432
Author(s):  
Hanif Nur Pradani
Keyword(s):  
Descriptive Analysis ◽  
Legal Guardian ◽  
First Marriage ◽  
Analysis Technique ◽  
Marriage Contract ◽  
The Right ◽  
The Guardian

This paper discusses the implementation of marriage with two different contracts and trustees at the Office of Religious Affairs (KUA) in Wonokromo, Surabaya. The data in this article is collected by documentation and interview with the head of KUA of Wonokromo and witnesses to marriage and analyzed using descriptive analysis technique. In the case of this marriage, the first marriage contract uses a nasab guardian because the marriage officer (penghulu) knows his nasab guardian is Muslim. Then the second contract uses the judge guardian because in the bride’s family card, the guardian is Christian. Even though it has been married by a nasab guardian, the head of KUA of Wonokromo listed in the marriage certificate is the judge guardian that the supporting documents in the marriage require the use of a judge’s guardian. This implementation is included in the maslahah mulghah because the use of the contract with the judge guardian is rejected by the proposition that he knew that the nasab guardian was Muslim. This means that if there is a legal guardian who has the right to marry, then the judge guardian does not need to be used.

scholarly journals ON THE ORIGINS OF SOME ENGLISH IDIOMS AND THE ADEQUACY OF THEIR DEFINITIONS IN THE GEORGIAN DICTIONARIES (II PART)

2019 ◽  
Vol 4 ◽  
pp. 30-36
Author(s):  
Nino Dvalidze
Keyword(s):  
Complex Interaction ◽  
Bilingual Dictionaries ◽  
Idiomatic Expressions ◽  
Definition Of ◽  
The Right ◽  
The Guardian ◽  
Exact Definition

The aim of this article is to fill the informative gap and to overcome those difficulties which arise in case of not having the adequate interpetation or exact definition of the English idioms in the Georgian dictionaries.This paper investigates some idiomatic expressions and observes how often they are used in the modern English publicist texts from “The Guardian”, “Fortune”, “The Scotsman”, “The Independent” etc. whether they have preserved their original meanings or obtained some other new senses and coloring. More than this, the goal is to research if there is an adequate translation or interpretation of those English idioms in the Georgian language bilingual dictionaries. If there is not any, then the objective is how to make their adequate Georgian equivalents and, as a result to compose a new mini-dictionary of idioms. The urgent need for etymological study of idioms is also stimulated by the fact that the phraseology condensates the complex interaction of the culture and psychology of people, national self-being and their unique metaphoric mentality The reaserch value is dectated by its outcome, namely, it will be the research not only of those idioms which have the adequate definitions in the Georgian dictionaries, but find out some cases of not having the right definition and in result to compile the mini be-lingual dictionary of idioms. It can be assumed, that it will make a siginificant contribution to the development of lexicography in Georgia.

scholarly journals ANALYSIS OF LAFADZ TA'LIQ TALAK IN ISLAMIC LAW PERSPECTIVE AND CIVIL LAW OF MARRIAGE/COMPILATION OF ISLAMIC LAW

2019 ◽  
Vol 49 (3) ◽  
pp. 757
Author(s):  
Nurhadi Nurhadi
Keyword(s):  
Government Policy ◽  
Islamic Law ◽  
Civil Law ◽  
The Core ◽  
Core Content ◽  
The Right ◽  
The Guardian ◽  
Strong Agreement

Actually marriage is a sacred thing. The contract that unites the two opposite sexes is bound strongly (mitsaqan ghalizha). A strong agreement is concluded in the agreement between the guardian and the prospective husband. Indonesian civil law requires saying sighat ta’liq husband to his wife. The core content of sighat ta’liq is a conditional divorce between the two if the conditions have been fulfilled. Islamic law considers marriage to be legitimate if it has enough conditions and pillars, without sighat ta'liq. Indonesian law requires the requirements of sighat ta'liq in government policy through the decree of the minister of religion number 3 in 1953. The purpose of the existence of sighat ta’liq is to protect the wife from the abuse of her husband, if the husband violates the wife has the right to sue the religious court (divorce). Lafadz sighat ta’liq was made referring to the regulation of the minister of religion number 2 in 1990, but the lafadz contained a new understanding of marriage and the promise of divorce. Compilation of Islamic Law (KHI) as an explanatory regulation from UUP number 1 of 1974 Article 46 paragraph 3 does not require sighat ta’liq.

scholarly journals O Papel do Tribunal de Justiça da União Europeia Como Guardião do Direito Fundamental Comunitário Europeu à Livre Circulação de Trabalhadores

2021 ◽  
Vol 13 (13) ◽  
pp. 469-480
Author(s):  
Alexandre Coutinho Pagliarini ◽  
Maria Fernanda Augustinhak Schumacker Haering Teixeira
Keyword(s):  
European Union ◽  
Free Movement ◽  
The European Union ◽  
Court Of Justice ◽  
European Court ◽  
Free Movement Of Workers ◽  
The Right ◽  
Economic Bloc ◽  
The Guardian ◽  
Second World

This research has as general objective to analyze the guardian role exercised by the Court of Justice of the European Union (CJUE) for the protection of the Fundamental Community Right to the free movement of workers within the scope of the European economic bloc and the importance of the migratory flow for the maintenance of the said block. The spouse of this article previously analyzes the emergence of the European Communities and the need for the defense, reconstruction and stabilization of Europe after the end of the Second World War, as well as dealing with the Treaties of Paris and Rome, propellants of the European Communities, characterized as an autonomous legal system and of great importance for the development of European primary law. Then, he discusses the movement of workers within the European Union (EU) and the right of the European citizen to look for a job, to work, to settle or to provide services in any EU Member State, and then to address the issue of the role of the worker. CJEU as guardian of the fundamental European Community law on the free movement of workers. After the analysis of recent judgments of the European Court of Justice, the need to protect the free movement of European workers, with due regard to the founding treaties of the European Union, remains necessary for the proper maintenance of the European bloc European Union. The methodology used in the research is critical reflexive, which operates through the bibliographic review and the analysis of concrete cases assessed by the CJEU.

scholarly journals Right of Access under GDPR and Copyright

2018 ◽  
Vol 12 (2) ◽  
pp. 221-246
Author(s):  
Angela Sobolčiaková
Keyword(s):  
Data Protection ◽  
Copyright Protection ◽  
Personal Data ◽  
Case Law ◽  
Main Question ◽  
The Subject ◽  
The Right ◽  
Access Right ◽  
Right Of Access ◽  
Data Subject

The paper discusses the right to obtain a copy of personal data based on the access right guaranteed in Articles 15 (3) and limited in 15 (4) of the GDPR. Main question is to what extent, the access right provided to data subject under the data protection rules is compatible with copyright. We argue that the subject matter of Article 15 (3) of the GDPR - copy of personal data – may infringe copyright protection of third parties but not a copyright protection attributed to the data controllers.Firstly, because the right of access and copyright may be in certain circumstances incompatible. Secondly, the data controllers are primarily responsible for balancing conflicting rights and neutral balancing exercise could only be applied by the Data Protection Authorities. Thirdly, the case law of the CJEU regarding this issue will need to be developed because the copy as a result of access right may be considered as a new element in data protection law.

scholarly journals Incremental and predictive interpretation: Experimental evidence and possible accounts

2015 ◽  
Vol 25 ◽  
pp. 57 ◽  
Author(s):  
Adrian Brasoveanu ◽  
Jakub Dotlacil
Keyword(s):  
Experimental Evidence ◽  
Real Time ◽  
Formal Semantics ◽  
Main Question ◽  
The Real ◽  
To Come ◽  
The Right ◽  
Present Experimental Evidence

The main question we investigate is whether meaning representations of the kind that are pervasive in formal semantics are built up incrementally and predictively when language is used in real time, in much the same way that the real-time construction of syntactic representations has been argued to be. The interaction of presupposition resolution with conjunctions vs. conditionals with a sentence-final antecedent promises to provide us with the right kind of evidence. Consider the following 'cataphoric' example and the contrast between "and" and "if": "Tina will have coffee with Alex again and / if she had coffee with him at the local cafe". We expect the second clause to be more difficult after "and" than after "if": the conjunction "and" signals that an antecedent that could resolve the "again" presupposition is unlikely to come after this point (the second conjunct is interpreted relative to the context provided by the first conjunct), while the conditional "if" leaves open the possibility that a suitable resolution for the "again" presupposition is forthcoming (the first clause is interpreted relative to the context provided by the second clause). We present experimental evidence supporting these predictions and discuss two approaches to analyze this kind of data.

ANALISIS YURIDIS PENETAPAN WALI BADAN YG NGAWAS OLEH BHP DALAM RANGKA MELINDUNGI WEWENANG KEPERDATAAN ANAK (CONTOH PUTUSAN NOMOR: 0014/PDT.P/2015/PA.MN).

2019 ◽  
Vol 1 (2) ◽  
pp. 902
Author(s):  
Rhenal Cokronegoro ◽  
Mulati .
Keyword(s):  
The State ◽  
Human Beings ◽  
Rights Of The Child ◽  
The Law ◽  
The Right ◽  
The Guardian

Children are gifts from God Almighty that we must guard and that we must protect, because children are also human beings who have rights and dignity as human beings. One of the rights of the child is the right to enjoy the wealth of his parents, including inheritance. Many children whose parents experience problems, such as divorce or one or both parents die. In order for a child to do a legal act, he needs a guardian in carrying out legal actions. Guardians here have a function to represent all children's needs in carrying out legal actions. In guardianship, there is a guardian’s overseer whose function is to oversee the guardian in terms of managing the assets of the child, in this case is the Heritage Hall. The Heritage Hall has two functions, namely as guardians of supervisors in charge of guarding guardians, as well as temporary guardians. The problem here is that the Heritage Hall is not cared for by the community, so not all guardianship verdicts use the trustees in it. whereas the Law clearly stipulates that the Heritage Hall must be the trustee in every trusteeship order ordered in the State of Indonesia.

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