scholarly journals Kedudukan Kompilasi Hukum Islam Dalam Legalitas Pernikahan Di Indonesia

2018 ◽  
Vol 5 (4) ◽  
Author(s):  
Gilang Rizki Aji Putra ◽  
Ahmad Mukri Aji
Keyword(s):  
Ethnic Groups ◽  
Growth And Development ◽  
Family Law ◽  
Human Life ◽  
The Other ◽  
Legal Certainty ◽  
Marriage Law ◽  
Important Thing ◽  
Polygamous Marriage ◽  
Other Hand

Islam is a religion of rahmatan lil'alamin, which is easy to adapt to grow in all places and times, such as in marriage. For ethnic groups who have customs and culture, marriage is a very important thing for humans in life which is carried out in an honorable ceremony. On the other hand, Islam also regulates marriage procedures that must be carried out by Muslims. Marriage is something that is very important in human life, therefore a marriage must be in accordance with religious provisions and statutory regulations so that the marriage gets legal certainty and protection. However, nowadays in society there is a tendency for marriage to be carried out in a sirri way, this tendency often occurs, especially for a man's second marriage or polygamy. This study wants to reveal the position of polygamous marriage in a family law perspective and reveal whether or not polygamous marriage is legal according to the UUUP and according to Islamic law.Keywords: Com Marriage, Law and AqadAbstrak:Islam is a religion of rahmatan lil'alamin, easy to adapt to growth and development wherever and whenever, such as in marriage. For people who have customs and culture, marriage is a very important thing in human life, and is carried out in a solemn ceremony. On the other hand, Islam also regulates marriage procedures that must be carried out by Muslims. Marriage is a very important thing in human life, so marriage must be in accordance with religious regulations and statutory regulations, so that marriage can be determined and protected by law. But nowadays society has a tendency to get married, and this tendency often occurs, especially for men with second marriages or polygamy. This study wants to reveal the position of polygamous marriages in a family law perspective and reveal whether or not polygamous marriages are legal according to UUUP and according to Islamic law.Kata Kunci: Pernikahan, Hukum, dan Aqad

scholarly journals The Provision of Radd in Inheritance Between Islamic Jurisprudence and the Algerian Family Law

2018 ◽  
Vol 10 (1) ◽  
pp. 12
Author(s):  
Maiza Aissa
Keyword(s):  
Family Law ◽  
The Other ◽  
Legal Certainty ◽  
Conceptual Approach ◽  
Other Hand ◽  
Islamic Jurisprudence ◽  
To Receive ◽  
Family Code

<p><em>This study is aimed to figure out  on how current legal device gives legal certainty over the excess of heritage partition (radd) in Algeria. The comparation between Islamic jurisprudence and the Algerian Family Law is used to analyse judicial consideration on which matters regarding the excess of heritage partition are based. The writer used normative law method which consists of statute approach and conceptual approach. The understanding of radd in Islamic scholars’ views differ from one another. Some scholars accept the concept and some do not. Those who disagree with radd consider that the excess of heritage should be given to bayt al mal as muslims representative. On the other hand, scholars who agree with the concept of radd ha</em><em>ve</em><em> also different opinions regarding who </em><em>are entitled</em><em> to receive the excess of heritage</em><em>. Some include spouse (husband or wife) but some exclude him/her. The Algerian Family Law gives provision in this case for a legal certanty, as it’s stated in </em><em>the article number 167 of the Algerian Family Code</em><em> that wife and husband are excluded to receive radd. They can only receive it in the absence of ashaba heirs/residuaries, other fixed share heirs, and  dzaw al arham (</em><em>uterine </em><em>relatives).</em></p><p><em>Penelitian ini bertujuan untuk mengetahui bagaimana perangkat hukum saat ini memberikan kepastian hukum atas kelebihan bagian warisan (<em>radd</em>) di Aljazair. Penelitian ini menggunakan pendekatan perbandingan antara fikih Islam dan Hukum Keluarga Aljazair. Penulis menggunakan metode hukum normatif yang terdiri dari pendekatan perundang-undangan dan pendekatan konseptual. Pemahaman <em>radd</em> dalam pandangan sarjana Islam berbeda satu sama lain. Beberapa sarjana menerima konsep itu dan beberapa tidak. Mereka yang tidak setuju dengan <em>radd</em> menganggap bahwa kelebihan warisan harus diberikan kepada <em>bayt al mal</em> sebagai perwakilan muslim. Di sisi lain, para sarjana yang setuju dengan konsep radd juga memiliki pendapat berbeda tentang siapa yang berhak menerima kelebihan warisan. Hukum Keluarga Aljazair memberikan ketentuan dalam kasus ini untuk kepastian hukum, seperti yang dinyatakan dalam pasal 167 dari Kode Keluarga Aljazair bahwa istri dan suami dikecualikan untuk menerima <em>radd</em>. Mereka hanya dapat menerimanya tanpa adanya ahli waris/<em>ashaba</em><em>h</em>, pewaris bagian tetap lainnya, dan <em>dzaw al arham</em> (kerabat dekat).</em></p>

Concept of vayu in ayurved and yogshastra – a comparative study

2019 ◽  
Vol 7 (07) ◽  
Author(s):  
Dr sunila h deo
Keyword(s):  
Comparative Study ◽  
Growth And Development ◽  
Human Life ◽  
Holistic Approach ◽  
The Other ◽  
Eligibility Criteria ◽  
Current Effort ◽  
Important Place ◽  
Body Of Knowledge ◽  
Goals And Objectives

Introduction and Background: Yogashastra and Ayurveda are two ancient Indian sciences that have evolved separately over millennia. Many masters have contributed to the growth and development of these sciences and they have produced seminal literature and body of knowledge in both these streams. The goals and objectives of these two sciences differ from each other and accordingly their approaches too differ from each other.  Both in Yogashastra and Ayurveda, the concept of Vayu has very important place. Current effort is undertaken from the viewpoint to unravel the complementary and contradictory aspects and explore the possibility of combining the concepts so as to evolve the holistic approach. Aim: To compare the concept of Vayu as described in Yogashastra and in Ayurveda. Discussion and Results: Yogashstra the concept of Vayus is aimed solely at attaining mastery over the bodily Vayus by following Yogic disciplines to attain Moksha or final emancipation of the soul from the unending cycle of birth and death. This puts the Yogic discussion of Vayus in the realm of highest spiritual practices with the ultimate conceivable goal of human life that can be taught only by the accomplished masters and eligible seekers who fulfil the strictest eligibility criteria stipulated by Yogic discipline. On the other hand in Ayurveda the concept of Vayus is from the perspective of knowing physiology and causes of various diseases and their treatment by means of various therapies and medicines. All these things are essentially corporeal in nature and do have worldly goals to achieve.

scholarly journals KEHAMILAN TETAP SEHAT DI MASA PANDEMI

2021 ◽  
Vol 4 (3) ◽  
pp. 631
Author(s):  
Riona Sanjaya ◽  
Hellen Febriyanti ◽  
Yetty Dwi Fara ◽  
Septika Yani Veronica ◽  
Siti Maesaroh ◽  
...  
Keyword(s):  
Health Education ◽  
Pregnant Women ◽  
Growth And Development ◽  
Natural Process ◽  
Theory And Practice ◽  
The Other ◽  
Normal Length ◽  
Other Hand ◽  
Keywords Pregnancy

ABSTRAKKehamilan merupakan proses yang normal, alamiah yang diawali dengan pertumbuhan dan perkembangan janin intrauteri, dimulai sejak konsepsi sampai bersalin dan lamanya kehamilan normal adalah 280 hari (40 minggu atau 9 bulan 7 hari) di hitung dari hari pertama haid terakhir.Pada masa Kehamilan ibu hamil agar dapat mempersiapkan diri pada kesehatan ibu hamil dengan menjaga nutrisi selama proses kehamilannya. Ibu hamil wajib memeriksakan kehamilannya agara ibu hamil dapat mengetahui dan mencegah sedini mungkin kelainan yang dapat terjadi, meningkatkan kondisi badan ibu dalam menghadapi kehamilan serta mendapatkan penyuluhan yang diperlukan selama kehamilan. Melalui kegiatan ini diharapkan masyarakat khususnya ibu hamil mampu menjaga kesehatannya selama kehamilan di masa pandemi. Kegiatan-kegiatan ini mencakup teori dan praktek yang meliputi : (1) Pendidikan Kesehatan yang dilakukan secara online; (2) Praktik Senam Ibu Hamil yang dilakukan Melalui Vidio; dengan melibatkan mahasiswa Universitas Aisyah Pringsewu pada saat pelaksanaan. Melalui kegiatan ini, diharapkan masyarakat khususnya ibu hamil dapat menyadari pentingnya kesehatan bagi ibu hamil walaupun dimasa pandemi ini. Kata kunci: kehamilan; nutrisi; senam hamil ABSTRACTPregnancy is a normal, natural process that begins with the growth and development of the intrauterine fetus. It starts from conception to delivery and the normal length of pregnancy is 280 days (40 weeks or 9 months 7 days) on the first day of the last menstruation. During pregnancy, pregnant women can prepare themselves for the health of pregnant women by maintaining nutrition during the pregnancy process. Pregnant women are required to have their pregnancy checked so that pregnant women can find out and prevent possible abnormalities that can occur, improve the condition of the mother's body in facing pregnancy and get the necessary counseling during pregnancy. Through this activity, it is expected that the community, especially pregnant women, will be able to maintain their health during pregnancy during a pandemic. These activities include theory and practice as follows: (1) Health Education which will be conducted online; (2) Exercise for Pregnant Women through Video; by involving the students of Aisyah University of Pringsewu during the implementation. In the other hand, it can realize the importance of health for pregnant women even during this pandemic. Keywords: pregnancy; nutrition; pregnancy exercise

scholarly journals TEORI DIALOGISME BAKHTIN DAN KONSEP-KONSEP METODOLOGISNYA

2017 ◽  
Vol 1 (2) ◽  
pp. 235
Author(s):  
Fadlil Munawwar Manshur
Keyword(s):  
Human Life ◽  
Human Existence ◽  
The Other ◽  
Literary Genre ◽  
The Novel ◽  
Other Hand ◽  
The Universe

This paper discusses the theory advanced by Bakhtin about dialogism and methodological concepts. This theory to formulate the concept of human existence on the other, which is based on the idea that humans judge him from the viewpoint of others. Humans understand the moments of consciousness and take it into account through the eyes of others. According to this theory, the essence of human life is a dialogue. The Method of heteroglossia talks about signs in the universe of individuals because of the word "heteros" means "other" or different, while "glossia" means the tongue or language. In this method mentioned that people are saying needs to be heard, and the author also has the same rights that words need to be heard. A word is born from dialogue to address the problems of life. On the other hand, Bakhtin sees carnival method has spawned a new literary genre, the polyphonic novel. The polyphonic novel is a novel that is characterized by a plurality of voice or consciousness, and the voices or the overall awareness dialogical. Polyphonic essentially a "new theory of authorial viewpoint". Polyphonic appear in fiction when the position of the author freely allowed to interact with the characters. The characters in the novel are freely polyphonic appear to argue with each other and even with the author.

scholarly journals Universální život a život lidský. K ontologii přírody u Jana Patočky a Maurice Merleau-Pontyho

REFLEXE ◽  
2021 ◽  
Vol 2021 (60) ◽  
pp. 29-63
Author(s):  
Martin Rabas
Keyword(s):  
Present Article ◽  
Human Life ◽  
Descriptive Analysis ◽  
Human Experience ◽  
The Other ◽  
Philosophical Approach ◽  
Other Hand ◽  
Inorganic Matter ◽  
The World ◽  
The One

The present article has two objectives. One is to elucidate the philosophical approach presented in the so-called Strahov Systematic Manuscripts of Jan Patočka in terms of consciousness and nature. The other is to compare this philosophical approach with Maurice Merleau-Ponty’s theses on nature, as elaborated in 1956–1961, and to point out some advantages and limitations of both approaches. In our opinion, Patočka’s philosophical approach consists, on the one hand, in a descriptive analysis of human experience, which he understands as a pre-reflective self-relationship pointing towards the consciousness of the world. On the other hand, on the basis of this descriptive analysis Patočka consequently explicates all non-human life, inorganic matter, and finally the whole of nature as life in its own right, the essence of which is also a certain self-relation with a tendency towards consciousness. The article then briefly presents Merleau-Ponty’s theses on nature, and finally compares them with Patočka’s overall theses on nature. The advantage of Patočka’s notion of nature as against Merleau-Ponty’s is that, in Patočka’s view, nature encompasses both the principle of unity and individuality. On the other hand, the advantage of Merleau-Ponty’s understanding of nature as against Patočka’s lies in the consistent interconnectedness of the infinite life of nature and the finite life of individual beings.

scholarly journals THE PRINCIPLE OF SELF SUBMISSION IN DIVORCES CASES FROM THE PERSPECTIVE OF LEGAL CERTAINTY

2020 ◽  
Vol 2 (1) ◽  
pp. 63-78
Author(s):  
Haqqiyah Uthlufah
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Analytical Tool ◽  
Legal Interpretation ◽  
Legal Certainty ◽  
Marriage Law ◽  
Legal Research ◽  
Divorce Law ◽  
Islamic Family Law ◽  
Materials Used

The problem of the principle of submission in the divorce law in the Religious Court by a non-Muslim couple occurs because the couple's marriage is based on Islamic law. What cannot be separated from Islamic law is Islamic family law because it is related to the faith of a Muslim. Islamic family law can only apply to Muslims and cannot apply to non-Muslims. The problem of the principle of submission to the divorce law was incomplete (incomplete norm) or the existence of a legal vacuum (vacuum of norm) in marriage law in Indonesia. This research is a legal research and is normative in nature. The approach used is statutory, case, and conceptual. The legal materials used are primary, secondary and tertiary. The method of collecting legal materials is first to qualify the facts and then to qualify the law. The analytical tool used is legal interpretation in the form of principal, systematic and grammatical interpretation.

‘The Meaning of Life’: A Qualitative Perspective

1984 ◽  
Vol 14 (4) ◽  
pp. 581-592 ◽  
Author(s):  
James O. Bennett
Keyword(s):  
Human Life ◽  
Meaning Of Life ◽  
The Other ◽  
Value Judgment ◽  
Other Hand ◽  
The World

One trend in contemporary discussions of the topic, ‘the meaning of life.’ is to emphasize what might be termed its subjective dimension. That is, it is widely recognized that ‘the meaning of life’ is not something that simply could be presented to an individual, regardless of how he/she felt about it. Thus, for example, Karl Britton has written that we could imagine ‘a featureless god who set before men some goal and somehow drove them to pursue it'; while this would constitute a purpose for human life, it would hardly be sufficient to render life meaningful. ‘The goal would seem arbitrary, senseless: and its pursuit burdensome, souldestroying.’ Similarly, R. W. Hepburn has stated that meaningfulness must indispensably involve value judgment. Any set of conditions presented to us, whether by God, nature, or our fellow humans, constitutes a fact about how the world is; what provides meaningfulness to our lives, on the other hand, must be something which we affirm - something we feel ought to be the case.

Oedipus and Socrates on the Quest for Self-Knowledge

2017 ◽  
Vol 34 (1) ◽  
pp. 20-43
Author(s):  
Ann Ward
Keyword(s):  
Human Life ◽  
Public Life ◽  
Private Life ◽  
The Other ◽  
Worth Living ◽  
Human Being ◽  
Other Hand ◽  
The Family ◽  
Self Knowledge

This article explores how Sophocles’ Oedipus the King and Plato’s Apology of Socrates address the question of whether reason can ground the good human life. Sophocles’ tragedy and Plato’s dialogue both tell of the search for rational self-knowledge. Both Oedipus and Socrates are recognized for human wisdom and are presented as skeptical toward the gods. Yet, whereas Oedipus’ life ends in tragedy, Socrates’ life does not. Sophocles thus suggests that the rational search for truth must be limited by a pious respect for the gods. Plato, on the other hand, preserves Socrates’ belief that the ‘unexamined life is not worth living for a human being’. Four lines of inquiry into the causes of this divergence are then explored: 1) Socrates’ order of knowledge from particular to universal, 2) Oedipus’ proneness to anger, 3) Socrates’ private life in contrast to Oedipus’ public life and, 4) the differing status of the family.

P.T. Forsyth, 'the Positive Gospel', and the Church

Ecclesiology ◽  
2009 ◽  
Vol 5 (1) ◽  
pp. 28-47
Author(s):  
Angus Paddison
Keyword(s):  
Human Life ◽  
The Other ◽  
Other Hand ◽  
The Cross ◽  
The Relationship ◽  
The Church

AbstractThe Congregationalist theologian P.T. Forsyth urgently implored the Church to attend to what he termed 'the Positive Gospel'. The positive gospel was a gospel of finality, looked to the cross as God's holy judgement on the wreck of sin, and viewed the work of Jesus as an incursion into human life rather than a placid evolution from within. A robust understanding of the Church and its ministry flourished or withered in proportion to its concentration on this gospel. A church which skipped past the positive gospel would find that it was exercising a ministry of impression rather than regeneration. On the other hand, a church sustained by the positive gospel would carry out its vocation with a healthy combination of decisiveness and litheness. There is much of value in Forsyth's porous understanding of the relationship between the positive gospel and the Church, but lurking in Forsyth's language is the lure to neglect the embodied reality of the Church and its ministry.

scholarly journals Love and Spirituality in Anita Desai’s ‘Cry, the Peacock’ and Rabindranath Tagore’s ‘Breezy April’

2020 ◽  
Vol 8 (2) ◽  
pp. 12
Author(s):  
Arijit Chakraborty
Keyword(s):  
Short Stories ◽  
Nobel Prize ◽  
Human Life ◽  
The Other ◽  
Anita Desai ◽  
The West ◽  
Rabindranath Tagore ◽  
Women Novelists ◽  
Other Hand

Rabindranath Tagore (1861-1941) was the first non-European and the first Indian to win the Nobel Prize for Literature in 1913. He was awarded the prize for Gitanjali. Tagore was a multi-faceted personality who not only composed poems, verses, short stories, novels etc but also sketched and painted with equal brilliance. As a flag-bearer, he presented the best of India to the West and vice-versa. In Breezy April, Tagore combines romanticism with spiritualism. On the other hand, Anita Desai (born-1937) is the youngest among the women novelists of eminence in India. The spiritual aspect of human life is at the centre of attention in her works. Women protagonists of fragile exterior and strong interior take the lead in Anita Desai’s works of fiction. Spirituality is an integral part of most of her works. In her first novel Cry, the Peacock (1963), Desai minutely depicts both love as well as deep spiritual intricacies.

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