scholarly journals DENATURALIZING CULTURE: SAYED KASHUA'S NEWSPAPER COLUMNS ON THE TOPIC OF PREJUDICE

2015 ◽  
Vol 5 (3) ◽  
pp. 911-933
Author(s):  
Juliana Portenoy Schlesinger
Keyword(s):  
Educational System ◽  
Jewish Population ◽  
Israeli Society ◽  
Muslim Community ◽  
The Law ◽  
Significant Change

Abstract Discrimination is a recurrent topic in the work of the Israeli-Arab writer Sayed Kashua. In the last couple of years, Sayed Kashua has moved away from writing about the prejudice expressed by his own Israeli Muslim community towards the Israeli Jewish population to focus his attention instead on the prejudice shown by Jews against Arabs in Israel. Self-criticism has always been a hallmark of Sayed Kashua's work so this shift indicates a significant change in the columnist's perception of his own society. Based on a survey of various issues relating to Israeli society, such as the law, the educational system and language, as well as a theoretical review of authors who observe a mutual alienation of Arabs and Jews in Israel, this article analyses several of Sayed Kashua's recent columns in the Israeli newspaper Haaretz. It also investigates how the author understands prejudice and, in a singular and surprising way, expresses his concerns and solutions to this problem.

NIKAH SIRI DALAM TINJAUAN HUKUM TEORITIS DAN SOSIOLOGI HUKUM ISLAM INDONESIA

2018 ◽  
Vol 11 (1) ◽  
pp. 60-78
Author(s):  
Aidil Alfin ◽  
Busyro Busyro
Keyword(s):  
Significant Influence ◽  
Islamic Law ◽  
Muslim Community ◽  
Muslim Society ◽  
The Law

The differences of laws in marriage registration have generated argumentative conflicts among the ulama. Some of them agree and the others disagree. Ulama who agree say that proscribing secretly marriage (nikah siri) is in accordance to Islamic law. Even though the regulation about marriage registration has been written in The Indonesian Act No. 1 of 1974 on Marriage and in the Compilation of Islamic Law in Indonesian, the practice of secret marriage is still existed among Indonesian Muslim society. They base their practices on what some of local ShafiiyahUlema say all the time that this kind of marriage is in accordance to shari’ah. It is common to say that Shafi’ischool of law is the largest shari’ahschool of law in Indonesia. In the sociology of Islamic law, most of the scholars in Indonesia who adhere to the Shafi'i school and also most of the Indonesian Muslim community adhere to the same school, may have a significant influence on the constraints of reform of Islamic law related to the registration of marriages in particular and other matters about marriage in general contained in the Law No. 1 of 1974 and the Compilation of Islamic Law in Indonesia.

scholarly journals Religious Leader’s Views Living Hadith Practices in Malaysia

2020 ◽  
Vol 5 (2) ◽  
Author(s):  
Nurul Ain Burhanuddin
Keyword(s):  
Research Methodology ◽  
Muslim Community ◽  
Cultural Phenomenon ◽  
Living Tradition ◽  
The Law ◽  
Moral Demands

Living Hadith is a cultural phenomenon of society based on the hadith of the Prophet saw. It is a pattern of behavior that is part of the interaction of Muslims with hadith. This study is to examine the extent to which the practice of sunnah is still practiced among the Muslim community in Malaysia. In addition to explaining the practice of sunnah in the perspective of Living Hadith. The research methodology is based on the interviews of five respondents consisting of muftis, academics, religious figures who are active with the community. The findings show that living tradition phrase less is known in the Muslim community in Malaysia, there is a Sunnah practice in perspective Living in Malaysia Hadith and Sunnah is a customary practice that is often practiced by the Malays in Malaysia. It is a pure practice that needs to be applied in society in order to be in line with the religious and moral demands of Rasulullah saw. However, the community also needs to be guided to accept this practice of sunnah as an encouragement and encouragement of goodness that must be implemented. It is not a mandatory practice such as the law of performing prayers and fasting in the month of Ramadan. Therefore, the Malaysian society still sees the living hadith in the context of the practice of sunnah which is still related to the hadith and sunnah of the Prophet saw

scholarly journals Rozważania na temat podmiotów systemu oświaty

2019 ◽  
Vol 16 (1 (3)) ◽  
pp. 59-69
Author(s):  
Danuta Kurzyna-Chmiel
Keyword(s):  
Educational System ◽  
Social Service ◽  
Basic Education ◽  
Preschool Education ◽  
Education Law ◽  
Service Workers ◽  
Legal Term ◽  
The Law ◽  
Social Service Workers

The legislator considers the term “educational system” as one of the basic education laws. The legal term (included in the Education Law Act) “the educational system covers” lists its elements. They include, for example, various types of schools, kindergartens, alternative forms of preschool education, children’s holiday homes, centers of education. This system realizes recognized values, principles, as well as certain postulates and guidelines contained in the law. In essence, it is a collection of organizational units, whose activity is regulated by the Education Law Act. The majority of these activities are addressed to pupils. Some elements are also addressed to teachers and serve to develop them. Colleges of Social Service Workers do not fit in with the rest of the educational system.

Not bound by the law: Legal disobedience in Israeli society

2001 ◽  
Vol 19 (2) ◽  
pp. 265-283 ◽  
Author(s):  
Arye Rattner ◽  
Dana Yagil ◽  
Ami Pedahzur
Keyword(s):  
Israeli Society ◽  
The Law

The Freedom to Exclude: The Case of Israeli Society

2016 ◽  
Vol 49 (2) ◽  
pp. 237-266 ◽  
Author(s):  
Michal Tamir
Keyword(s):  
Human Rights ◽  
Public Sphere ◽  
Minority Groups ◽  
Private Property ◽  
Israeli Society ◽  
Private Sphere ◽  
The Public ◽  
The Law ◽  
The Public Sphere ◽  
The Right

The phenomenon of social exclusion in Israel is a vivid demonstration of the Basic Laws' failure to fulfil their integrative role. Despite the ‘constitutional revolution’ and the Supreme Court's ongoing endeavour over the last two decades to instil a bill of rights through its jurisprudence, Israeli society has failed to fully internalise values of equality. In terms of legal jargon, individuals continue to claim and exercise ‘sole and despotic dominion’ over their private property in order to avoid contact with individuals belonging to certain minority groups. In many cases, such behaviour in the private sphere results in exclusion from the public sphere.This phenomenon is especially astonishing considering the fact that many laws in Israel apply the right of equality to the private sphere. Furthermore, the Israeli Supreme Court has developed comprehensive human rights jurisprudence applicable to the private sphere. The gap between the law in the books and the law in action illustrates that effective implementation of human rights in the private sphere cannot be achieved solely by specific legislation or by jurisprudence that is sensitive to human rights. This argument is backed by several recent bills which preserve and enforce the exclusion of minorities, particularly of Arabs, from the public sphere. These bills illustrate that exclusion is indeed a growing phenomenon in Israeli society that cannot be overlooked. Moreover, they underscore the urgent need to entrench a direct obligation to apply human rights to the private sphere at the constitutional level. This will be achieved only when Israel adopts a full constitution.

scholarly journals Two Rounds of Postwar Restitution and Dignity Restoration in the Netherlands and France

2016 ◽  
Vol 41 (04) ◽  
pp. 956-972 ◽  
Author(s):  
Wouter Veraart
Keyword(s):  
The Netherlands ◽  
Property Rights ◽  
Social Life ◽  
Jewish Population ◽  
Postwar Period ◽  
Explicit Recognition ◽  
The Law ◽  
Legal Subjects ◽  
New Phase

The looting and systematic deprivation of the property rights of the Jewish population in the Netherlands and France during the years of occupation brought about a deprivation of dignity, since these measures were intended to hit these people in their capacities as legal subjects, destroying their abilities to take part in economic and social life. In the immediate postwar period, the restitution of property rights in both countries was closely connected and limited to an abstract conception of dignity restoration, understood as the renewed recognition of the dispossessed owners as free and equal citizen before the law. In the late 1990s, a new phase in the restoration of property rights took place on a much more collective and political level. In this second round of restitution, dignity restoration was directly connected with an explicit recognition of the particular, concrete suffering of the groups of victims involved.

scholarly journals The Law of Contribution – An Equitable Doctrine or Part of the Law of Unjust Enrichment?

2017 ◽  
Vol 48 (3) ◽  
pp. 471
Author(s):  
Victoria Stace
Keyword(s):  
New Zealand ◽  
Supreme Court ◽  
Enrichment Analysis ◽  
The Other ◽  
Unjust Enrichment ◽  
The Supreme Court ◽  
The Law ◽  
Significant Change

This article looks at the changes made to the equitable doctrine of contribution by the New Zealand Supreme Court in a 2016 decision, Hotchin v New Zealand Guardian Trust Co Ltd. The approach now favoured by the Supreme Court is that to establish a claim for contribution by one defendant against another, there is no need to find any greater degree of coordination between the liabilities other than that the plaintiff could pursue either defendant for its loss and either would be liable for it, in whole or in part. The underlying rationale is that by paying the plaintiff, the defendant who was pursued not only discharges itself but also discharges the other defendant's liability. If mutual discharge is established, the court then determines the amount of contribution based on what is just and reasonable in the circumstances. The Supreme Court's approach to the doctrine of equitable contribution, which is a significant change to previous law, bears similarities to the approach proposed in the leading text on unjust enrichment, raising the issue of whether a future claim for contribution could be approached using an unjust enrichment analysis.

Contracting for Health Care under the New Philippine UHC Act

2021 ◽  
Vol 54 (1) ◽  
pp. 98-115
Author(s):  
Ralph Schuhmann ◽  
Maria C. G. Bautista
Keyword(s):  
Health Care ◽  
General Trend ◽  
Network Governance ◽  
Legal Analysis ◽  
Relational Approach ◽  
The Law ◽  
Significant Change ◽  
Management Orientation ◽  
State Of Tension

The 2019 Philippine UHC Act provides one of the most recent examples of contractualization of health care. Despite the significant change it brings, it regulates contracting only marginally, so that the purpose and deployment of this mechanism remain largely unclear. This study examines how contracting under the new law can contribute to achieving the reform goals and, to this end, subjects the UHC Act and its Implementing Rules and Regulations to a socio-legal analysis. In the process, it becomes apparent that, contrary to the general trend, the law adheres to a decidedly hierarchical form of contracting, which is in a certain state of tension with the network-like organization it promotes and the use of contracting to realize development-oriented goals. To effectively implement the law's contracting concept, the authors suggest underpinning it with a more relational approach, a stronger management orientation of the executing entities, and the development of appropriate network governance concepts.

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