scholarly journals The Legal Impact of Islamic Law in the Identity and Provisions of Qatari Legal System: Conceptual Frame and Legislative Directions

2020 ◽  
Vol 58 (2) ◽  
pp. 451-482
Author(s):  
Abdullah Abdullah
Keyword(s):  
Human Behavior ◽  
Islamic Law ◽  
Legal Rule ◽  
The Other ◽  
Conceptual Approach ◽  
Distinct Component ◽  
Social Rules ◽  
Legal Rules ◽  
Conceptual Frame

This article examines the Islamic law situation in Qatari law based on a case study to the main concepts, and some special practical issues in Qatari Law. The paper focuses on a conceptual approach to Qatari law and Islamic law in the light of centrality of Islamic law. Furthermore this paper also focuses on the distinctive characteristics of the law compared to the other such as the concept of human behavior in such a way that it has an impact on the penalty in the legal rule as a distinct component. The analysis also pays an attention to a distinction between the legal rules and other social rules in the matter of giving an influence on structure of human behavior. As a matter of fact, this article also tries to give e light on the centrality of Islamic law on Qatari law, especially on the case of taking back of charity (hibah) as an example. The paper ends with conclusion that for Islamic legislation in Qatari law, Islamic Sharia is considered to be the main source and it is needed to develop a legislative and judicial orientations based on Islamic legal rules that regulate transactions in Qatari law.[Artikel ini membahas situasi hukum Islam di dalam hukum Negara Qatar berdasarkan pada studi kasus atas beberapa konsep kunci dan isu praktis dalam hukum Qatar. Tulisan ini fokus pada pendekatan konseptual hukum Qatar dan Syariah Islam berdasarkan pada sentralitas Syari’ah islam. Selain itu, artikel ini  juga membahas tentang karakter khusus undang-undang dibanding dengan yang lainnya seperti teori prilaku yang mempunyai pengaruh terhadap penerapan hukumannya. Selain itu, pembahasan tersebut juga mempertimbangkan perbedaannya dibandingkan dengan hukum sosial terkait dengan pengaruh terhadap pembentukan prilaku.  Artikel ini juga memberikan penekanan kajian atas sentralitas hukum Islam dan pengaruhnya terhadap konsep undang-undang seperti pengaturan tentang hak menarik kembali dana hibah dalam undang-undang di Qatar. Dalam kesimpulan, artikel ini menyatakan bahwa dalam undang-undang Qatar, hukum Islam menempati posisi yang sentral dan menjadi basis utama dalam pengembangan legislatif dan  orientasi yuridis yang didasarkan pada aturan legal Islam dalam pengaturan transaksi dalam undang-undang hukum di Qatar.]

scholarly journals Manner modification of states

2006 ◽  
Vol 44 (1) ◽  
pp. 111-124
Author(s):  
Wilhelm Geuder
Keyword(s):  
Light Emission ◽  
Explanatory Power ◽  
Logical Form ◽  
Conceptual Structure ◽  
The Other ◽  
Event Semantics ◽  
Conceptual Approach ◽  
Recent Contribution ◽  
Major Argument

In a recent contribution to a long-standing discussion in semantics as to whether the neo-Davidsonian analysis should be extended to stative predicates or not, Maienborn (2004, 2005) proposes to distinguish two types of statives; one of them is said to have a referential argument of the Davidsonian type, the other not. As one of her arguments for making such a distinction, Maienborn observes that manner modification seems to be supported only by certain statives but to be excluded by others (thus linking the issue to the use of manner modification as one major argument in favour of event semantics, cf. Parsons 1990). In this paper, it is argued that the absence of manner modification with Maienborn's second group of statives is actually due to a failure of conceptual construal: modification of a predicate is ruled out whenever its internal conceptual structure is too poor to provide a construal for the modifier; hence, the effects observed by Maienborn reduce to the fact that eventive predicates have a more complex conceptual substructure than stative ones. Hence, the issue of manner modification with statives is shown to be orthogonal to questions of logical form and event semantics. The explanatory power of the conceptual approach is demonstrated with a case study on predicates of light emission, adapting the representation format of Barsalou's (1992) frame model.  

scholarly journals STAN PASAR SEBAGAI JAMINAN BERDASARKAN PERJANJIAN TENTANG PEMBERIAN HAK MEMAKAI RUANG (STAN) DI BANK CENTRAL ASIA

2019 ◽  
Vol 26 (2) ◽  
pp. 190
Author(s):  
Novia Rianti
Keyword(s):  
Property Rights ◽  
Methodological Problem ◽  
Economic Value ◽  
The Other ◽  
Individual Rights ◽  
Conceptual Approach ◽  
Legal Subject ◽  
The Right ◽  
Lease Agreement

Space rights agreement is a part of lease agreement. Leasing is an agreement that gives a right called individual rights. It is because the right to lease arises from an agreement between one legal subject to another. Thus, this right can only be accountable to the opponent of the contract in accordance with the principle of privity of contrac. A lease agreement aims at providing the right only to use the property, and not to own it. Therefore, lease agreement only gives individual rights, not property rights. On the other hand, as we know, fiduciary provides object guarantees, which is included in constitutum possessorium (the object transferred remains within the control of the fiduciary giver). The air rights, the market stall, from the agreements of rights granting, are clearly included in individual rights, rather than property, which should not be imposed on fiduciary guarantees. This research is conducted by applying doctrinal research. It adapts statute approach, conceptual approach, and case study for its methodological problem approach. This study analyzes the market stall usage rights as an object from the perspective of security laws and Fiduciary on the usage rights upon a market stall by banks. The results of the research showed that by reviewing it further using air rights perspective, the air rights upon a market stall were included in lease rights. The right to use the stall is not property rights, but is an individual right. It is based on the law of lease rights. In addition, the debtor, as the tenant, only controls the leased objects to make use of it, not for the purpose of owning it. In that way, the lease itself does not result in property rights. However, if it is reviewed further based on the air rights, this can be categorized as an object with security laws, because the air rights fulfill the requirements as an object that can be guaranteed. It is because it has economic value and can be transferred, even though it is approved by another party. Since the air rights are individual right, it cannot be used as a guarantee for pawn, mortgage, and Fiduciary.

scholarly journals Islamic Law from the Internal Point of View

2021 ◽  
Vol 2 (1) ◽  
Author(s):  
Haider A. Hamoudi
Keyword(s):  
Islamic Law ◽  
Legal Rule ◽  
Point Of View ◽  
Internal Point ◽  
Legal Rules ◽  
Internal View ◽  
Historical Method ◽  
Making Sense ◽  
Points Of View ◽  
The Law

Haider Hamoudi notes the different perspectives lawyers and historians employ in making sense of the law. Invoking H.L.A. Hart’s famous distinction between “internal” and “external” points of view with respect to law and legal rules, Hamoudi describes lawyers as primarily adopting the former, and historians, the latter point of view. This is not to suggest that lawyers do not take history into consideration, but rather to mean that when they do, their focus is results oriented in that they use history to understand the ultimate endpoint, the contemporaneous meaning of a legal rule or institution. Hamoudi observes two consequences emanating from lawyers’ adoption of the internal view that puts lawyers somewhat at odds with the demands of historical method and meaning. While deliberately omitting discussion on the normative desirability of either method, Hamoudi concludes by observing value in merely pointing out the differences between the internal and external viewpoints of law and history, respectively, to help expose “our own biases and assumptions.”

scholarly journals LIABILITI BAGI PENIPUAN TORT DALAM FORENSIK

2021 ◽  
Vol 29 (1) ◽  
pp. 155-174
Author(s):  
Nurbazla Ismail ◽  
Abdul Basir Mohamad
Keyword(s):  
Islamic Law ◽  
Tort Law ◽  
The Other ◽  
Forensic Evidence ◽  
Literature Reviews ◽  
Forensic Expert ◽  
Liability For Tort

Deceit is one branch of the offense under tort law. Deceit can be said to be a fraud act committed by someone who caused the other party to suffer loss or injury. The party suffering a loss or an injury can bring a claim in court on the basis of the tort law. Besides, the claimant must proof several important things before the court can decide the liability. This proof or evidence requires scientific verification by forensic experts. The testimony of the forensic expert can be used to convict deception and also can be used to dismiss the case in court. However, some forensic evidence is wrongly given in the trial. This has a significant effect on both the claimant and the defendant. As a result, the question arises as to what is the liability for tort of deceit in forensic according to tort and Islamic law. The purpose of this study is to define the meaning of deceit in tort and Islamic law as well as the liability for tort of deceit in forensic. This is a case study which gathered materials based on literature reviews, including cases published in Malaysian legal journals as well as cases addressed by fuqaha. The study was analyzed using thematic and descriptive methods. The study found that deceit is an offense according to tort and Islamic law. The liability for tort of deceit by a forensic expert must be determined on the grounds of which the deceit was knowingly committed while testifying to the evidence before the court. This study has implications to the judiciary; legal practitioners in Malaysia and to the forensic experts who were called to adduce evidence in court.

scholarly journals Comparative Juridical Analysis Of Witness's Position In Notarial Agreement Making Based On Islamic Law And Public Notary Law (UUJN)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 345
Author(s):  
Meta Agulegistin ◽  
Akhmad Khisni
Keyword(s):  
Islamic Law ◽  
Research Result ◽  
Text Messages ◽  
The Other ◽  
Conceptual Approach ◽  
Actual Event ◽  
Qualified Person ◽  
The Difference ◽  
Similarity And Difference ◽  
Definite Statement

The problem of witnesses has been seen as a significant problem. It requires the reinterpretation of text messages that considered a male witness is equal to two women. The issues raised are: How is the position of witness when making notarial agreement in Islamic law, How is the position of witness when making notarial agreement according to UUJN (Public Notary  Law), and What is the similarity and difference of witness position in making notarial agreement according to Islamic law and UUJN. The research method used was Juridical Normative with Regulations approach, Conceptual Approach, and case Approach. Research result found that Firstly, the witness is someone who can give a statement or information that he knows about what the actual events. Another meaning is that a witness is a person who is asked to be present to witness a legal event; Secondly, a witness is a person who can give a definite statement because the person knows the actual event, and even the other meaning of the witness is the person who is asked to attend to witness an event. The person who is asked to be a witness is a qualified person and considered to be well-informed of what he or she is witnessing. And Third, the equation has a purpose for justice and truth can be enforced by the presence of witnesses and the difference Act No.40 of 2014 on the position of a notary. It is originated from the rules of legislation and as evidence, as well as the differences in the conditions specified. On the other hand, Islamic law comes all source of regulations are from Al Quran and As-Sunnah.Keywords: Comparison; Position of Witnesses; Notarial Agreement; Islamic Law; Public Notary Law

Development and regional planning within the decentralized administrative frame: case study (the Jordanian Experiment)

2018 ◽  
Vol 1 (2) ◽  
pp. 60-72
Author(s):  
Mansour Safran
Keyword(s):  
Regional Planning ◽  
The Other ◽  
Negative Effects ◽  
Administrative Procedures ◽  
The Way

This aims to review and analyze the Jordanian experiment in the developmental regional planning field within the decentralized managerial methods, which is considered one of the primary basic provisions for applying and success of this kind of planning. The study shoed that Jordan has passed important steps in the way for implanting the decentralized administration, but these steps are still not enough to established the effective and active regional planning. The study reveled that there are many problems facing the decentralized regional planning in Jordan, despite of the clear goals that this planning is trying to achieve. These problems have resulted from the existing relationship between the decentralized administration process’ dimensions from one side, and between its levels which ranged from weak to medium decentralization from the other side, In spite of the official trends aiming at applying more of the decentralized administrative policies, still high portion of these procedures are theoretical, did not yet find a way to reality. Because any progress or success at the level of applying the decentralized administrative policies doubtless means greater effectiveness and influence on the development regional planning in life of the residents in the kingdom’s different regions. So, it is important to go a head in applying more steps and decentralized administrative procedures, gradually and continuously to guarantee the control over any negative effects that might result from Appling this kind of systems.   © 2018 JASET, International Scholars and Researchers Association

MENGGAGAS PENDIDIKAN BERWAWASAN KEWIRAUSAHAAN DI PERGURUAN TINGGI ISLAM

ALQALAM ◽  
2017 ◽  
Vol 34 (1) ◽  
pp. 30
Author(s):  
Nur Hidayah
Keyword(s):  
Higher Education ◽  
Islamic Law ◽  
Law And Economics ◽  
State Institute ◽  
Study Program ◽  
Islamic Studies ◽  
Entrepreneurial Culture ◽  
Curriculum Structure ◽  
Islamic Values

There has been a concern over a high unemployment rate among graduates of Islamic higher education and a low proportion of entrepreneurs in Indonesia. In fact, a high proportion of entrepreneurs is one of indicators of a country’s welfare. This has generated a question: to what extent do Islamic values cultivate entrepreneurial culture among its adherents? How to cultivate entrepreneurial culture in Islamic higher education? This paper will investigate this matter using a case study of Faculty of Islamic Law and Economics at Banten State Institute for Islamic Studies.  The paper argues that the curriculum at the faculty of Islamic Law and Economics has not been oriented towards building entrepreneurial culture. The curriculum consists of subjects to enhance the students’ competence and skills to prepare them as bachelors of syari`ah economics for the professions such as manager, lecturer, researcher, syari`ah auditor, etc, instead of preparing them for entrepreneurs who are capable to build his or her own business from the scratch.    To propose Islamic entrepreneurship study program at the FSEI of IAIN SMHB, it is important to have a strong political will not only from the internal IAIN but also higher authoritative body such as the Ministry of Religious Affairs to facilitate this from not only the accreditation process but also financial support. A further feasibility study needs to be undertaken to build its infrastructure such as qualified lecturers, appropriate curriculum structure, and recruitment student system. Since this field has a strong link with a ‘real sector’, there has been an urgent need to build cooperations with business sector to enable the students to undertake their apprentice and build their networks to facilitate their ability to develop their own business.     Keywords: Islam, entrepreneurship, entrepreneurial education.

PELAKSANAAN HUKUM KEWARISAN ISLAM DI PENGADILAN AGAMA BANTEN

ALQALAM ◽  
2013 ◽  
Vol 30 (1) ◽  
pp. 158
Author(s):  
Yusuf Somawinata
Keyword(s):  
Key Words ◽  
Islamic Law ◽  
Survey Methods ◽  
Adopted Children ◽  
Inheritance Law ◽  
Library Research ◽  
The Ideal

This article aims at describing the obseroance of wasiat wajibah (compulsory bequeathment) in the Islamic court of Banten, analyzing the provision of the substitute heir and adopted children in the Compilation of  Islamic Law (KHI). In addition, the ideal laws to manage the innheritance rules in Indonesia. This article is library research by using doctrinal approach and using case study and survey methods. The data was, then, analyzed by using analytical descriptive and analytical correlative methods. The result showed that the observance of wasiat wajibah in the Islamic court of  Banten employed by judges is by using the Mawali Hazairin’s Doctrine. The criteria of the adoption of substitute heir and adopted children in the KHI is the attempts of Ulama and many judgees junst in giving legal justice and certainty to the society.   Key Words: Islamic Inheritance Law, Compilation of Islamic Law, Islamic court of  Banten

The Relationship between Working Environment and Internship Satisfaction Level: A Case Study Of A 4-Star Hotel Restaurant In Germany

2019 ◽  
Vol 2 (4) ◽  
pp. 276-291
Author(s):  
Chatarina Natalia Putri
Keyword(s):  
Career Development ◽  
Working Hours ◽  
Learning Opportunities ◽  
Working Environment ◽  
The Other ◽  
Satisfaction Level ◽  
Supervisory Support ◽  
Support Organization ◽  
The Relationship

There are many factors that can lead to internship satisfaction. Working environment is one of the factors that will result to such outcome. However, many organizations discarded the fact of its importance. The purpose of this study is to determine whether there is a significant relationship between working environment and internship satisfaction level as well as to determine whether the dimensions of working environment significantly affect internship satisfaction. The said dimensions are, learning opportunities, supervisory support, career development opportunities, co-workers support, organization satisfaction, working hours and esteem needs. A total of 111 questionnaires were distributed to the respondents and were processed by SPSS program to obtain the result of this study. The results reveal that learning opportunities, career development opportunities, organization satisfaction and esteem needs are factors that contribute to internship satisfaction level. In the other hand, supervisory support, co-workers support and working hours are factors that lead to internship dissatisfaction. The result also shows that organization satisfaction is the strongest factor that affects internship satisfaction while co-workers support is the weakest.

‘Behind the Poetic Fiction’: Freud, Schnitzler and Feminine Subjectivity

2004 ◽  
Vol 6 (2) ◽  
pp. 201-223
Author(s):  
Elizabeth Goodstein
Keyword(s):  
Sigmund Freud ◽  
The Other ◽  
Modernist Literature ◽  
Arthur Schnitzler ◽  
Feminine Subjectivity ◽  
The Uncanny ◽  
Poetic Fiction ◽  
Psychoanalytic Theories

In 1922 Sigmund Freud wrote to fellow Viennese author and dramatist Arthur Schnitzler: ‘I believe I have avoided you out of a sort of fear of my double’. Through a series of reflections on this imagined doubling and its reception, this paper demonstrates that the ambivalent desire for his literary other attested by Freud's confession goes to the heart of both theoretical and historical questions regarding the nature of psychoanalysis. Bringing Schnitzler's resistance to Freud into conversation with attempts by psychoanalytically oriented literary scholars to affirm the Doppengängertum of the two men, it argues that not only psychoanalytic theories and modernist literature but also the tendency to identify the two must be treated as historical phenomena. Furthermore, the paper contends, Schnitzler's work stands in a more critical relationship to its Viennese milieu than Freud's: his examination of the vicissitudes of feminine desire in ‘Fräulein Else’ underlines the importance of what lies outside the oedipal narrative through which the case study of ‘Dora’ comes to be centered on the uncanny nexus of identification with and anxious flight from the other.

Sign in / Sign up

Export Citation Format

Share Document