scholarly journals Buy and Selling in the Perspective of Jahiliyah and Islam a Comparison Study a Review of Sharia Economic History

2021 ◽  
Vol 8 (2) ◽  
pp. 264-273
Author(s):  
Ahdi Ahdi ◽  
Hamdan Firmansyah

Buying and selling or trading in the term fiqh are called al-Ba'i which, according to etymology, means selling or replacing. The word al-Ba'i in Arabic is sometimes used for the understanding of his opponent, namely the word al-Syira (buy). Thus, the word al-Ba'i means selling, but also means buying. In terminology, buying and selling is an agreement to exchange objects or goods that have a good value between the two parties, one receives objects and the other receives them in accordance with an agreement or provision that has been justified and agreed upon. In the Qur'an, there are many statements that describe the life of the Arabs, including trade problems. Islam is very concerned about the problem of trade in this Arab nation by setting for them what they need. Many of the Prophet's hadith mention the legal issues of buying and selling, monopoly, accounts payable, profits, etc. Jahiliyah Arabs have a market as a center of trade. Usury is one type of economic transaction that is actually carried out and developed in Arab society. In Islam, buying and selling if it contains usury, illicit goods, reduces scales, and by force.

Author(s):  
E. Tendayi Achiume

This chapter uses the trajectory of the Southern African Development Community (“SADC”) Tribunal to chart sociopolitical constraints on international judicial lawmaking. It studies the SADC Tribunal backlash case, which paved the way for a curtailment of the Tribunal’s authority, stripping the Tribunal of both private access and its jurisdiction over human rights. Showing how jurisprudential engagement with sociopolitical context plays a significant role in explaining the Tribunal's loss of authority, the chapter introduces the concept of sociopolitical dissonance. Sociopolitical dissonance is a state that results when a legal decision contradicts or undermines deeply held norms that a given society or community forms on the basis of its social, political, and economic history. Sociopolitical resonance, on the other hand, describes the quality of affirming or according with a given society's norms as informed by its sociopolitical history.


Laws ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 46
Author(s):  
Esther Salmerón-Manzano

New technologies and so-called communication and information technologies are transforming our society, the way in which we relate to each other, and the way we understand the world. By a wider extension, they are also influencing the world of law. That is why technologies will have a huge impact on society in the coming years and will bring new challenges and legal challenges to the legal sector worldwide. On the other hand, the new communications era also brings many new legal issues such as those derived from e-commerce and payment services, intellectual property, or the problems derived from the use of new technologies by young people. This will undoubtedly affect the development, evolution, and understanding of law. This Special Issue has become this window into the new challenges of law in relation to new technologies.


1990 ◽  
Vol 24 (1) ◽  
pp. 1-30 ◽  
Author(s):  
Anthony Reid

Since the end of World War II the study of Southeast Asia has changed unrecognizably. The often bitter end of colonialism caused a sharp break with older scholarly traditions, and their tendency to see Southeast Asia as a receptacle for external influences—first Indian, Persian, Islamic or Chinese, later European. The greatest gain over the past forty years has probably been a much increased sensitivity to the cultural distinctiveness of Southeast Asia both as a whole and in its parts. If there has been a loss, on the other hand, it has been the failure of economic history to advance beyond the work of the generation of Furnivall, van Leur, Schrieke and Boeke. Perhaps because economic factors were difficult to disentangle from external factors they were seen by very few Southeast Asianists as the major challenge.


1941 ◽  
Vol 1 (1) ◽  
pp. 26-41 ◽  
Author(s):  
Simon Kuznets

This paper deals with the relation between statistical analysis as applied in economic inquiry and history as written or interpreted by economic historians. Although both these branches of economic study derive from the same body of raw materials of inquiry—the recordable past and present of economic society—each has developed in comparative isolation from the other. Statistical economists have failed to utilize adequately the contributions that economic historians have made to our knowledge of the past; and historians have rarely employed either the analytical tools or the basic theoretical hypotheses of statistical research. It is the thesis of this essay that such failure to effect a close interrelation between historical approach and statistical analysis needs to be corrected in the light of the final goal of economic study.


2014 ◽  
Vol 2014 ◽  
pp. 1-9 ◽  
Author(s):  
Pedro Henriques Abreu ◽  
José Xavier ◽  
Daniel Castro Silva ◽  
Luís Paulo Reis ◽  
Marcelo Petry

Nowadays, there are many technologies that support location systems involving intrusive and nonintrusive equipment and also varying in terms of precision, range, and cost. However, the developers some time neglect the noise introduced by these systems, which prevents these systems from reaching their full potential. Focused on this problem, in this research work a comparison study between three different filters was performed in order to reduce the noise introduced by a location system based on RFID UWB technology with an associated error of approximately 18 cm. To achieve this goal, a set of experiments was devised and executed using a miniature train moving at constant velocity in a scenario with two distinct shapes—linear and oval. Also, this train was equipped with a varying number of active tags. The obtained results proved that the Kalman Filter achieved better results when compared to the other two filters. Also, this filter increases the performance of the location system by 15% and 12% for the linear and oval paths respectively, when using one tag. For a multiple tags and oval shape similar results were obtained (11–13% of improvement).


Author(s):  
Shannon Price Minter

This chapter examines the legal issues faced by transgender people in divorce and child custody cases. Despite trans people’s increased visibility, and gains in legal rights and protections, many people—including judges—continue to harbor misconceptions about transgender people. Attorneys representing transgender clients must anticipate the possibility of judicial bias and take proactive steps to address it. Attorneys must be prepared for the unique legal issues that arise when a spouse transitions during an existing marriage. Even under modern “no-fault” divorce regimes, attorneys must be prepared to rebut the claim that coming out as transgender constitutes misconduct or justifies awarding the other spouse more marital property or spousal support. In custody cases, attorneys must anticipate and rebut misinformation and negative judicial attitudes toward transgender parents. Finally, even after Obergefell v. Hodges (2015), attorneys representing transgender clients who married before Obergefell must be prepared to explain why that decision is retroactive.


Author(s):  
Hill Steven ◽  
Favuzza Federica

This chapter provides a general overview of the types of international military headquarters (IMHQs) and their legal nature. IMHQs encompass a wide range of structures that are in use in the contemporary practice of States and international organifzations. States tend to find them attractive options for a variety of reasons, including the promotion of cooperation and coordination and the expression of shared political and/or military commitments. They can also be an important tool to help States address resource constraints, including by taking advantage of efficiencies gained through specialization and economies of scale. IMHQs all share the common characteristic of being in one way or the other ‘international’. Their nature varies widely, including with respect to their mission and their composition and structure. Because of this diversity, the chapter only discusses selected legal issues that tend to arise in connection with IMHQ and will likely arise in the future.


Entropy ◽  
2020 ◽  
Vol 22 (7) ◽  
pp. 778
Author(s):  
Lijie Cui ◽  
Chuandong Lin

A simple and effective lattice–gas–automaton (LGA) economic model is proposed for the income distribution. It consists of four stages: random propagation, economic transaction, income tax, and charity. Two types of discrete models are introduced: two-dimensional four-neighbor model (D2N4) and D2N8. For the former, an agent either remains motionless or travels to one of its four neighboring empty sites randomly. For the latter, the agent may travel to one of its nearest four sites or the four diagonal sites. Afterwards, an economic transaction takes place randomly when two agents are located in the nearest (plus the diagonal) neighboring sites for the D2N4 (D2N8). During the exchange, the Matthew effect could be taken into account in the way that the rich own a higher probability of earning money than the poor. Moreover, two kinds of income tax models are incorporated. One is the detailed taxable income brackets and rates, and the other is a simplified tax model based on a fitting power function. Meanwhile, charity is considered with the assumption that a richer agent donates a part of his income to charity with a certain probability. Finally, the LGA economic model is validated by using two kinds of benchmarks. One is the income distributions of individual agents and two-earner families in a free market. The other is the shares of total income in the USA and UK, respectively. Besides, impacts of the Matthew effect, income tax and charity upon the redistribution of income are investigated. It is confirmed that the model has the potential to offer valuable references for formulating financial laws and regulations.


2018 ◽  
Vol 2 (1) ◽  
pp. 28
Author(s):  
Lukas Banu ◽  
Matthew Gardiner

The Recognised Seasonal Employer (RSE) scheme has attracted overseas workers to work in the horticulture and viticulture industries in New Zealand. They come from various countries all over the world, to stay and work in New Zealand. This article would explore some legal issues arise from New Zealand’s RSE policy in particular relation with the Indonesian migrant workers who seek a job in New Zealand. It would also analyze the rights and obligations of the workers as stipulated in the employment contract concluded by the Indonesian workers and the New Zealand companies under the RSE scheme. The normative legal writing combines the research on relevant public and private legal instruments and comparatively examines both national law and regulations of Indonesia and New Zealand in order to afford a balanced insight of the law of both countries. This study found that on one hand, New Zealand laws have already covered all aspects of workers and determined New Zealand’s government obligation to oversee the employment agreements, while on the other hand, Indonesian law and regulation do not cover explicitly the issue of protection of Indonesian workers who work in New Zealand under the RSE scheme. This article offers constructive recommendations addressed to any relevant stakeholders in order to improve the legal nature, institutional role and procedure for supporting New Zealand’s RSE policy and in the same time the better protection to the Indonesian migrant workers.


1994 ◽  
Vol 26 (1) ◽  
pp. 37-56 ◽  
Author(s):  
A. Aydin Çeçen ◽  
A. Suut Doğruel ◽  
Fatma Doğruel

After almost five decades of industrialization—characterized, on the one hand, by considerable state intervention and, on the other, by protectionist import-substituting policies in domestic capital formation—in the early 1980s Turkey ostensibly entered a new era of export-led economic growth. Since 1960, the Turkish democracy has experienced a series of crises with astonishingly regular ten-year cycles of recurrence. The 1980 military intervention, however, brought about a radical attempt to restructure the economy, hardly comparable with the rather gradual changes in its recent economic history. Its ten years of experimentation with economic liberalization and structural adjustment provide us today with an adequate record to identify and discuss at least the salient features of this period by comparing the performance of the economy in different years.


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