scholarly journals Liability for Violating Standards in Shia Jurisprudence and Iranian Law

Author(s):  
Morteza Chitsazian

Standards are of critical importance for protecting public health and ensuring the integrity of transactions and the consistency of the quality of goods and services. Violation of standards can do significant harm to individuals and the society as a whole. Since people are entitled to the right of consuming goods with adequate safety and quality, standards themselves can be considered a civil right. The issue of damages and compensation in relation to the violation of standards has been addressed in Iranian law as well as Shia jurisprudence. In Shia jurisprudence, causing harm to others makes a person liable to coercive action and compensation. According to Article 1 of the Iranian Civil Liability Law, anyone who has intentionally or unintentionally caused material or moral damage to another person’s life, health, property, liberty, dignity, business reputation or any other right that the other person is entitled to by law is liable for compensation for the damages caused by his action. In this article, we examine the jurisprudential arguments that support the necessity of enforcing standards and the liabilities that arise from violation of standards in Iranian law. In this regard, Quran verses and hadiths call for accuracy and consistency in all matters, honesty in work, and respect for laws.  The Shia jurisprudential principles that call for the observance of standards include La-zarar (no-harm), Tasbib (causation), and Ghorur (deception). Therefore, there is a strong foundation in Shia jurisprudence for enforcing standards. However, Iranian law requires stronger laws with harsher punishment for violators to prevent negligence in complying with standards.

2019 ◽  
Vol 19 (1) ◽  
pp. 406-416
Author(s):  
O. Dontsova ◽  
G. Sich

This article content is aimed at characterization of urgent problematic issues, which are connected with determining the place of forensic expertise in cases related to the protection of consumer rights and the development of ways of solving emerging problems. The article emphasizes that in accordance with the current legislation, consumers have the right to protect their rights to the necessary quality, safety of goods and services, as well as the right to compensation for losses caused by goods of inadequate quality, dangerous to life and health, etc. It is determined that the main control in the sphere of trade is exercised by the State Service for Product Safety and Consumer Protection, and it is established that the problems are the inability of this service to carry out an instant check on a consumer complaint of a particular point of sale. At the present stage, the problem of citizens' rights including rights in the sphere of consumption, is extremely urgent, because accession of Ukraine to the European Union requires the application of European standards of product quality. In developed country, the consumer is a major player in market relations, which is focused on the production and improvement of the quality of goods and services. The application of sanctions to sellers, manufacturers of poor-quality products does not always give the necessary effect, because usually an unscrupulous manufacturer (seller, executor) pays a fine and continues to provide poor quality services, to supply products that are dangerous to life and health. Important factor in improving the quality of products and services provided is the legal knowledge of consumers themselves in protecting their rights. Consumer rights have a prerogative over the rights of sellers and producers, since human life and health under the Constitution of Ukraine is a fundamental value of the state. The authors described the actions that the consumer should take to protect their violated rights, and emphasized that in cases where the consumer seeks to restore justice for this issue, he should ask an expert institution to perform a forensic trade research.


Author(s):  
M. S. Port

The paper considers the basic rights of consumers who purchase goods and services (the right to information, the right to safety and proper quality of purchased goods and services, the right to compensation for damages and judicial protection, the right to exchange goods or return them), and also reflects their impact on the functional areas of international logistics


2018 ◽  
Vol 1 (1) ◽  
pp. 19-38
Author(s):  
Ery Agus Priyono

AbstractThe history of education in Indonesia often changes, like every time there is a change of Minister of Education, always followed per period of the curriculum system. The Indonesian Education Curriculum since 1945 already exists, namely in 1947, 1952, 1964, 1968, 1975, 1984, 1994, 2004, and 2006. This impact on the quality of Indonesian education has not yet met clear and steady quality standards. A philosophical study is a means of thinking by empowering the human mind to the maximum extent possible, in a fundamental (radical), comprehensive, towards the objects of research. The critical paradigm used in this learning is an invention that is used to describe what is used by illusion, consequently, that social reality must always be criticized and evaluated, which is the right understanding. The results of this study are used to look at three aspects, namely: ontology aspects, epistemological aspects, and Axiological aspectsKey Words : Curriculum, 2006 and 2013 curriculum, Critical Paradigm.AbstraksiSejarah kurikulum pendidikan di Indonesia kerap berubah, ibarat setiap ada pergantian Menteri Pendidikan, selalu diikuti pergantian sistem kurikulum. Kurikulum Pendidikan Indonesia sejaktahun 1945, telah mengalami perubahan, yaitu pada tahun 1947, 1952, 1964, 1968, 1975, 1984, 1994, 2004, dan 2006. Hal ini berdampak pada mutu pendidikan Indonesia hingga kini belum memenuhi standar mutu yang jelas dan mantap. kajian filosofis adalah suatu sarana berfikir dengan memperdayakan akal manusia semaksimal mungkin, secara mendasar (radikal), menyeluruh (comprehensive) terhadap suatu entitas obyek kajian. Paradigma Kritikal yang digunakan dalam kajian ini mencoba mencari jawaban yang melampaui penampakan di permukaan saja yang seringkali didominasi oleh ilusi, konsekuensinya,bahwa realitas sosial itu harus senantiasa dikritisi dan dievaluasi, yang hasilnya adalah sebuah pemahaman yang jernih, pemahaman atas dasar kesadaran dan keyakinan. Hasil kajian ini dapata dilihat dari tiga aspek yaitu: aspek ontologi, aspek Epistemologis, dan aspek aksiologis.Kata kunci : Perubahan Kurikulum, kurikulum 2006 dan 2013, Paradigma Kritikal.


2019 ◽  
Vol 5 (1) ◽  
pp. 9-16
Author(s):  
Ninik Fadhillah ◽  
Muh. Ma’arif ◽  
Hanik Faizah ◽  
Latifatoel Chilmi

UIN Sunan Ampel requirements of water are fulfilled from groundwater sources. The groundwater sources of UIN Sunan Ampel are from wells where the water is taken with a water pump. The main problem related to the use of groundwater as a fulfillment of water needs is the decline of its quality. The purpose of this study is to analyze the quality of groundwater at UIN Sunan Ampel, to know the quality of groundwater in UIN Sunan Ampel reviewed by Minister of Health Regulation No. RI. 32 of 2017, Formulating the right steps in improving the quality of ground water at Sunan Ampel UIN towards ECO CAMPUS. This research is a descriptive study, in this study the quality of groundwater sources in Sunan Ampel Surabaya UIN will be described base on 3 parameters of water quality (physics, chemistry and biology). The results indicate differences in groundwater quality at UIN Sunan Ampel in terms of physical, chemical and biological parameters. The quality of groundwater sources in UIN Sunan Ampel Surabaya 95% fulfills the standard of environmental health standards and water health requirements for government sanitation hygiene requirements based on physics parameters, but it do not fulfilled the quality standards based on chemical parameters (in the form of pH) and also biology parameters. Improving the quality of ground water at UIN Sunan Ampel Surabaya is needed by improving the management system of sewers and latrines as well as standard construction of wells.


2016 ◽  
Vol 49 (2) ◽  
pp. 286-302
Author(s):  
Jordan Melmiès

This paper presents a novel perspective on industrial practices in modern competitive capitalist economies, questioning, in particular, the link between prices, competition, and the quality of goods and services. It tries to characterize a business practice that consists in reducing prices and maintaining (or increasing) profit margins by reducing the quality of goods and services while still presenting them as the same as before. The paper is primarily concerned with the practice of producing inferior quality goods by reducing the quantity of inputs used in the production process, or mixing inputs with cheaper constituents. The proposed term for this practice, “industrial seigniorage,” is based on the historical privilege of feudal lords (from Old French seigneur), who—possessing the right to mint gold coins—made a profit by adding cheaper base metals to the bullion. The present, essentially exploratory investigation attempts to delineate the widespread existence of such practices in various industrial sectors. It strives to explain the fundamental elements of consumer behavior that enable this practice to exist and discusses the effects of industrial seigniorage on several social issues. The attempt of the paper is finally to show that contrary to the ideology of capitalism, competition does not necessary lead to benefits for consumers or to an increase in product quality.


Author(s):  
Rifqi Ramadhani ◽  
Zaki Mukhammad ◽  
Tegar Aditia Pratama ◽  
M. Ainul Yaqin

The school is a very important place of learning for every Indonesian citizen. Receiving education is the right of Indonesian citizens who have been guaranteed by the 1945 Constitution. Therefore, every Indonesian citizen has the right to get an easily accessible and quality education. To go to quality schools, each school must meet National Education Standards. Meeting the quality standards of schools needs to implement rules that are expected to increase the quality of each school. The rule then needs to be tested which sometimes the process is very long and prone to failure in the middle of the rule is applied. In this study, researchers created a school game storyboard that is expected to help the process of testing a rule so that it does not need to take a very long time. From the results of the storyboards that have been made it can be seen that building a quality school must be started and arranged from level 1.


2019 ◽  
Vol 8 (3) ◽  
Author(s):  
Ali Asghar Kargar ◽  
Mozafar Bashokouh ◽  
Mansour Eshghpour

Three ways to enforce the same obligation are to terminate and pay damages in respect of the guarantee of contravening contractual obligations in common legal systems, although the primacy of these compensatory methods varies from one to another in each system. In England, four types of damages are foreseen for breach of contractual obligations: compensatory or remedial damages, recovery or restitution, nominal damages, and punitive damages. Recovery damage is assessed with two predicted damages and repossessing damages. The moral damage is also in the category of compensatory damages, but it has its own rules. In Iranian law, the law expresses some conditions, barriers, and forms of damages. Items such as loss, existence of causality, certainty, predictability, and directness as other conditions involved in creating the right to claim damages are raised by legal theory. Applied issues such as the compensation criteria are also not a specific place in the legal system of Iran. Limitations on damages, including unlikeness, discounting theory, the involvement of the injured party in Cairo's rights in England, have been developed to identify each of the criteria and criteria for evaluation; in the Iranian legal system, Cairo's power is explicitly stated in the law. And other cases have been raised more and more in legal theory. The incomplete and disproportionate expression of the rules governing the compensation of Iranian law as well as the necessity of achieving a comprehensive military system in this regard, taking advantage of the theoretical and practical experience of the English law, is an essential requirement for the present study


2018 ◽  
Vol 4 (2) ◽  
Author(s):  
Linda Ayu Wibriana

This study is based on the importance of service quality on the company. This meant that all the goods and services offered will have a good place in the eyes of the public as consumers and potential consumers. Although relatively new company, but the importance of service quality mak  the company is trying to get customers as possible by providing services and facilities.  The purpose of this study is to analyze quality of service in the Physical dimension (Tangible), reliability, Responsiveness, Assurance, and Empathy on ECO Green Park Batu city. The population in this study are visitor. Total sample of 100 people, with a quota sampling technique and using a questionnaire for data collection. Analyses data using frequency distribution and analysis tools using servqual and Cartesian diagram. The results showed that the A quadrant is a main priority of the counter clerk service providing quickly. Kuadran B or maintain achievement, factors that include the access road to the Park is easy, has a large parking lot, the company providing the information right, the right service / satisfaction of the officer, the company provide information in a clear, swift cleaning service clean the tourist area, safety guard officers ready to serve. Quadrant C or low priority that the appropriate services / satisfaction of the officer, the officer has a vast knowledge when they explain to visitors officials are consistently polite, serving officers earnestly and wholeheartedly, giving service to all visitors without picky, ease of conveying suggestions / complaints. Quadrant D or excessive such factors which include building which attractive, employees have a neat appearance, complete public facilities, reliable officer in operating a vehicle. Seeing this is not a problem if the company providing the service excessively, because it feels it is able to make visitors feel satisfied.  Keywords: Quality of Service, tangible, in tangible


Author(s):  
Astri Ayu Purwati ◽  
Yusrizal ◽  
Teddy Chandra ◽  
Achmad Tavip Junaedi ◽  
Muhammad Luthfi ◽  
...  

This research aims to examine the TQM application in education using SERVQUAL and the quality function deployment (QFD) based on the students' perspectives. Globalization in the current technological era requires every country to be able to face increasingly fierce competition. Indonesia ranked 41st below Malaysia, Thailand, and Singapore out of 137 countries in 2017-2018 Global Competitiveness Index. Quality human resources are the only choice to win the competition. TQM can be used to produce the right quality standards to produce competent and competitive graduates. This study aims to discuss how the application of TQM in education uses SERVQUAL and also the quality function deployment (QFD) based on student perspectives. The results showed that the quality of technology is one of the important elements that are highly expected by students but have not been fulfilled by the university.


Author(s):  
Nataliia Kharytonova ◽  
Olha Mykolaienko ◽  
Tetyana Lozova

Greening of roads contributes to the protection of roads and their elements from influence of adverse weather and climatic factors; it includes the measures for improvement and landscaping of roads, ensures the protection of roadside areas from transport pollution, provides visual orientation of drivers. The solution of these issues will ensure creation and maintenance of safe and comfortable conditions for travelers. Green plantings in the right-of-way road area include woody, bushy, flower and grass vegetation of natural and artificial origin. For proper operation of public roads and satisfaction of other needs of the industry, there may be the need in removing the greenery. The reason for the removal of greenery in the right-of-way road area may be due to the following factors: construction of the architectural object, widening of the motor road, repair works in the security zone of overhead power lines, water supply, drainage, heating, telecommunications facilities, cutting of hazardous, dry and fautal trees, as well as self-grown and brushwood trees with a root neck diameter not exceeding 5 cm, elimination of the consequences of natural disasters and emergencies. The removal of plantations in the right-of-way area is executed in order to ensure traffic safety conditions and to improve the quality of plantations composition and their protective properties. Nowadays, in Ukraine there is no clear procedure for issuing permits for removing of such plantations. In order to resolve this issue, there is a need in determining the list of regulations in the area of forest resources of Ukraine and, if needed, the list of regulatory acts that have to be improved; to prepare a draft of the regulatory legal act that would establish the procedure of plantations cutting, the methodology of their condition determination, recovery costs determination, the features of cutting. Keywords: plantations, cutting, right-of-way, woodcutting permit, order.


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