scholarly journals The Jurisprudence Hadith Analysis of Bribery and It's Impact on Human Life

2019 ◽  
Vol 6 (1) ◽  
pp. 93-103
Author(s):  
Nuryamin Nuryamin

This article discusses the concept of bribery in the perspective of hadith jurisprudence and its impact on human life. By looking at some definitions of bribery, it is found that all definitions give different meanings, goals, and aspects, there are essence of bribery, or which have similarities to them (such as gratification), because bribery is a social phenomenon and has many patterns making it difficult to define definitions the right and limit the meaning. But a definition that explains the meaning of bribery objectively, namely: Giving given to someone (an official) so that the right becomes wrong and wrong becomes right, because it summarizes the essence of bribery practice and is considered a comprehensive definition of all banned aspects of bribery, so let us choose this. In Qur’ān and Ḥadīth, Allah forbade his servant to eat bribery property, because this property was included as part of consuming other people's assets with vanity. Even though bribery is called a variety of terms in daily life, such as facilitation payments, tips, etc., the legal status and prohibition cannot change with these various terms. Bribes also have the potential to create hate conflicts and hostility among members of the community. Because in essence, bribery is only a tool for those who hold policies to oppress the weak. On the other hand, those who surrendered their wealth to the recipients of this bribe gave their assets very forcefully.

2016 ◽  
pp. 67-98
Author(s):  
Przemysław Saganek

The text of Przemysław Saganek is a part of a wider discussion on the Mediterranean migration crisis. The author underlines the multi-aspect character of the crisis and the fact that several branches of international law which are at stake in it. They cover: the law on refugees, human rights, the law of the sea, the maritime law, the rules on territorial sovereignty and on the crossing of borders. What is of importance are customary norms, treaties and norms of the EU law. The idea of the author is to look at the instruments of international law which may act as incentive for hundreds of thousands of newcomers or as main obstacles for the states to put an end to uncontrolled inflow of people through their borders. His idea is to identify such instruments and start discussion on their possible suspension or termination if the crisis persists. The author comes to the conclusion that the definition of a refugee from the 1951 Geneva Conventionis not by itself a source of problems. The same concerns the subsidiary protection as introduced by the EU qualification directive. The same can be said about the scope of rights of persons covered by the international protection. The only element which requires discussion is the possible redefinition of the right to national treatment as regards the social aid. On the other hand, the scope of powers of states to defend their borders depends on the interpretation of the EU instruments on the protection of borders and the rights of applicants for international protection. The author comes to the conclusion that neither the procedural directive, nor the 2016 Schengen Border Code can be interpreted as a source of the right of an applicant to enter the territory of a Member State. On the other hand, the geographical conditions and the law of the sea make Greece and Italy the most vulnerable for the inflow of persons. The necessity of important changes to the law and its interpretation are referred to in a general way.


2021 ◽  
Vol 5 ◽  
pp. 43-49
Author(s):  
S. T. Bagylly ◽  
◽  
S. I. Knyazkin
Keyword(s):  
The One ◽  

The article considers the institution of other persons in the proceedings for the review of judicial acts on newly discovered or new circumstances. The positions of scientists on who can act as other persons who have the right to apply to the Institute of revision are analyzed. Some examples of false reasons for these individuals to apply for review have been identified. An attempt is made to develop proposals aimed at clarifying the provisions of legislation on the opportunities of such entities to protect their rights on the one hand and on the other hand not to create unnecessary burden on the work of courts by unfair procedural behavior.


2018 ◽  
Vol 9 (2) ◽  
pp. 105-118
Author(s):  
Zbigniew Mikołajczyk ◽  
Jarosław Struniawski

The article refers to freedom and human rights as universal and global principles covering all aspects of human life. Human rights are those freedoms, means of protection and services respected precisely as rights, which all people should be able to demand from the society in which they live, in accordance with today's freedoms. On the other hand, as rights they solely occur among individuals and authorities. None of the authority can take them away. They can not be waived or renounced. In Poland, guarantees of respect for human rights - to which all people are entitled and citizen's rights - to which only Polish citizens are entitled are included in the Constitution of the Republic of Poland. According to it, the inherent and inalienable human dignity is a source of freedom and human and citizen's rights. One of the fundamental human right is the freedom of assembly. The possibility of using the freedom of assembly must be dictated by the need to ensure the protection of national security or public order, protection of health, public morals and rights and freedom of other people. Due to the subject matter discussed, the study focused on peaceful assemblies, which organization is guaranteed by law, on the other hand no illegal forms of protest were described - the blockades and occupation of buildings, transport routes, or prohibited strike forms. The main task of ensuring security during assemblies rests with the Police, whose fundamental duty is to facilitate the conduct of assemblies. It is important to find a balance between maintaining order and exercising the right of assembly.


Jurnal Akta ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 701
Author(s):  
Ahmad Tsekhudin ◽  
Umar Ma'ruf

According to the certainty on the material law, the definition of transfer of land right is the transfer of old owner to the new one. There are 2 (two) ways of the transfer of land right, which are to transfer and being transferred. To transfer means the transfer of land right without any legal action done by the owner, for example by the hereditarily. While being transferred refers to the transfer of the land through the legal action by the owner, for example by the purchase and sale. According to Paragraph 37 Article 1 Government Regulation Number 24 the Of 1997, it is stated that the Transfer of land right done by making the deed by Land Titles Registrar, so the transfer deed of land transfer will have a strong proof as a deed in the court system and a deed as the base of issuing the ownership certificate. The registration of the land as Government Regulation Number 24 the Of 1997 aims to give the legal certainty and legal protection to the right holder of the land, apartment units and other registered rights so it can easily prove that himself/herself is the right holder. On the other hand, we also acknowledge the registration of land tax, such as pipil-girik, petok, letter C, which is done by the Tax Office in Java Island. Due to there are still some lands in Indonesia that aren’t registered yet around society.Keywords: The Transfer of A Land Right; Registration; Letter D


CCIT Journal ◽  
2015 ◽  
Vol 9 (1) ◽  
pp. 13-26
Author(s):  
Indri Handayani ◽  
Qurotul Aini ◽  
Yessy Oktavyanti

      Progress of technology and its developed is going so rapidly nowadays and it provide big affect on human life, some of them were education and daily life. Due to its development we also know the other form of calendar which is in digital form that we usually found in gadgets such as handphone or tablets and surely it is portable. Rinfo which is an email supporting facilities for the needs of Raharja College may help Pribadi Raharja in coordination and communication about task and/or event. Rinfo has some applications that integrated with Rinfo itself, such as RinfoGroup, RinfoSites, RinfoDocs, RinfoDrive, RinfoH and RinfoCal. RinfoCal is an calendar application that can be use as schedule time reminder application and it will send any reminder not only to one person but some or couple persons. RinfoCal may sent an pop-up notification or email notification. This paper will discuss about what is RinfoCal, how to use it, what’s the purpose of using RinfoCal, benefit of RinfoCal and so on. But, instead of its benefit, there are also some shortages including many people who using Rinfo doesn’t get the benefit of RinfoCal because they just pretending that RinfoCal is just an usual calendar.  This paper also present six problems from conventional reminder that will solved by RinfoCal fews are just doing reminders only once at a time or just remembering only one person, a mind mapping to simplify the analyze of problem and make the best solution, eight literature reviews that had been done to help analyzing problems of research. 


APRIA Journal ◽  
2020 ◽  
Vol 1 (1) ◽  
pp. 11-16
Author(s):  
José Teunissen

In the last few years, it has often been said that the current fashion system is outdated, still operating by a twentieth-century model that celebrates the individualism of the 'star designer'. In I- D, Sarah Mower recently stated that for the last twenty years, fashion has been at a cocktail party and has completely lost any connection with the public and daily life. On the one hand, designers and big brands experience the enormous pressure to produce new collections at an ever higher pace, leaving less room for reflection, contemplation, and innovation. On the other hand, there is the continuous race to produce at even lower costs and implement more rapid life cycles, resulting in disastrous consequences for society and the environment.


GEOgraphia ◽  
2010 ◽  
Vol 7 (14) ◽  
Author(s):  
Márcio Piñon de Oliveira

A utopia do direito à cidade,  no  caso específico do Rio de Janeiro, começa, obrigatoriamente, pela  superação da visão dicotômica favela-cidade. Para isso, é preciso que os moradores da favela possam sentir-se tão cidadãos quanto os que têm moradias fora das favelas. A utopia do direito à cidade tem de levar a favela a própria utopia da cidade. Uma cidade que não se fragmente em oposições asfalto-favela, norte-sul, praia-subúrbio e onde todos tenham direito ao(s) seu(s) centro(s). Oposições que expressam muito mais do que diferenças de  localização e que  se apresentam recheadas de  segregação, estereótipos e  ideologias. Por outro  lado, o direito a cidade, como possibilidade histórica, não pode ser pensado exclusivamente a partir da  favela. Mas as populações  que aí habitam guardam uma contribuição inestimável para  a  construção prática  desse direito. Isso porque,  das  experiências vividas, emergem aprendizados e frutificam esperanças e soluções. Para que a favela seja pólo de um desejo que impulsione a busca do direito a cidade, é necessário que ela  se  pense como  parte da história da própria cidade  e sua transformação  em metrópole.Abstract The right  to the city's  utopy  specifically  in Rio de Janeiro, begins by surpassing  the dichotomy approach between favela and the city. For this purpose, it is necessary, for the favela dwellers, the feeling of citizens as well as those with home outside the favelas. The right to the city's utopy must bring to the favela  the utopy to the city in itself- a non-fragmented city in terms of oppositions like "asphalt"-favela, north-south, beach-suburb and where everybody has right to their center(s). These oppositions express much more the differences of location and present  themselves full of segregation, stereotypes and ideologies. On  the other  hand, the right to  the city, as historical possibility, can not be thought  just from the favela. People that live there have a contribution for a practical construction of this right. 


2019 ◽  
Vol 11 (3) ◽  
pp. 328-341
Author(s):  
Rifki Ismal ◽  
Nurul Izzati Septiana

Purpose The demand for Saudi Arabian real (SAR) is very high in the pilgrimage (hajj) season while the authority, unfortunately, does not hedge the hajj funds. As such, the hajj funds are potentially exposed to exchange rate risk, which can impact the value of hajj funds and generate extra cost to the pilgrims. The purpose of this paper is to conduct simulations of Islamic hedging for pilgrimage funds to: mitigate and minimize exchange rate risk, identify and recommend the ideal time, amount and tenors of Islamic hedging for hajj funds, estimate cost saving by pursuing Islamic hedging and propose technical and general recommendations for the authority. Design/methodology/approach Forward transaction mechanism is adopted to compute Islamic forward between SAR and Rupiah (Indonesian currency) or IDR. Findings – based on simulations, the paper finds that: the longer the Islamic hedging tenors, the better is the result of Islamic hedging, the decreasing of IDR/USD is the right time to hedge the hajj funds and, on the other hand, the IDR/SAR appreciation is not the right time to hedge the hajj funds. Findings Based on simulations, the paper finds that: the longer the Islamic hedging tenors, the better is the result of Islamic hedging, the decreasing of IDR/USD is the right time to hedge the hajj funds and, on the other hand, the IDR/SAR appreciation is not the right time to hedge the hajj funds. Research limitations/implications The research suggests the authority to (and not to) hedge the hajj fund, depending on economic conditions and market indicators. Even though the assessment is for the Indonesian case, other countries maintaining hajj funds might also learn from this paper. Originality/value To the best of author’s knowledge, this is the first paper in Indonesia that attempts to simulate the optimal hedging of hajj funds.


1978 ◽  
Vol 10 (3) ◽  
pp. 193-208
Author(s):  
Dennis A. Rubini

William of Orange tried to be as absolute as possible. Inroads upon the power of the executive were fiercely resisted: indeed, William succeeded in keeping even the judiciary in a precarious state of independence. To maintain the prerogative and gain the needed supplies from parliament, he relied upon a mixed whig-tory ministry to direct court efforts. Following the Glorious Revolution, the whigs had divided into two principle groups. One faction led by Robert Harley and Paul Foley became the standard-bearers of the broadly based Country party, maintained the “old whig” traditions, did not seek office during William's reign, tried to hold the line on supply, and led the drive to limit the prerogative. The “junto,” “court,” or “new” whigs, on the other hand, were led by ministers who, while in opposition during the Exclusion crisis, held court office, aggressively sought greater offices, and wished to replace monarchy with oligarchy. They soon joined tory courtiers in opposing many of the Country party attempts to place additional restrictions upon the executive. To defend the prerogative and gain passage for bills of supply, William also developed techniques employed by Charles II. By expanding the concept and power of the Court party, he sought to bring together the executive and legislative branches of government through a large cadre of crown office-holders (placemen) who sat, voted, and directed the votes of others on behalf of the government when matters of importance arose in the Commons. So too, William claimed the right to dissolve parliament and call new elections not on a fixed date, as was to become the American practice, but at the time deemed most propitious over first a three-year and then (after 1716) a seven year period.


Grotiana ◽  
2021 ◽  
Vol 42 (2) ◽  
pp. 335-353
Author(s):  
Dire Tladi

Abstract The concept of a Grotian moment remains rather obscure in international law. On the one hand, it can refer simply to an empirical fact which galvanises the ordinary law-making processes, whether treaty-making or State practice, resulting in major shifts in international law. On the other hand, a Grotian moment might be seen as an event so significant that it results in an extraordinary shift in international law without full adherence to the processes for law-making. The former understanding has little legal significance, while the latter, which would be legally significant, would be controversial and without legal basis. Against this background the article discusses the intersections between peremptory norms and Grotian Moments. It does this by looking at the intersection between the two concepts as well as the intersection between Grotian Moments, on the one hand and, on the other hand, particular jus cogens norms. With respect to the former, for example, the article will consider whether the high threshold of peremptory status facilitates and hinders Grotian moments. With respect to the latter, the article will consider particular norms that have been said to have shifted on account of the Grotian moments, namely the right to use of force in self-defence as well humanitarian intervention.


Sign in / Sign up

Export Citation Format

Share Document