scholarly journals KONSEP LIMITED LEABILITY SEBAGAI BADAN HUKUM KORPORASI

2011 ◽  
Vol 3 (1) ◽  
Author(s):  
Burhanuddin Susamto
Keyword(s):  
Islamic Law ◽  
Limited Liability ◽  
Corporate Law ◽  
Business Organization ◽  
Business Corporation ◽  
Modern Business ◽  
Islamic Identity ◽  
Muslim Communities ◽  
The Way

A strong awareness to reassert Islamic identity has emerged in these recent decades. One of the awareness is that the force of some muslim communities to internalize Islamic principles into all institutions. Nyazee, in his work, questions and also explains Islamic principles that must be the base of business organization particularly in corporation scope. The aim of this study is to show the argumentation of Islamize modern business corporation and to offer the way to realize the aim. Therefore, this study needs comprehensive and integrative way based on Islamic law towards liability limited concept as corporate law institution. Pada dekade belakangan ini telah muncul kesadaran yang kuat untuk menegaskan kembali identitas Islam. Salah satu wujudnya adalah desakan sebagian kaum Muslimin yang menghendaki agar semua institusi kehidupan disesuaikan dengan prinsipprinsip Islam. Nyazee sendiri dalam karyanya sangat mempertanyakan dan berusaha menjelaskan prinsip-prinsip Islam yang seharusnya menjadi dasar organisasi bisnis terutama dalam lingkup korporasi. Tujuan dari studi ini adalah untuk menunjukkan mengapa korporasi bisnis modern perlu di-Islamisasi, dan menawarkan bagaimana cara tersebut dapat terwujud. Karena itu untuk mencapai tujuan itu, studi ini membutuhkan upaya yang konprehensif dan terintegrasi menurut Hukum Islam terhadap konsep limited liability sebagai badan hukum korporasi.<br /><br />Kata Kunci: Korporasi, Limited Liability, Badan Hukum

Legal and Theoretical Foundations of the Business Corporation

2019 ◽  
pp. 3-84
Author(s):  
Carsten Gerner-Beuerle ◽  
Michael Schillig
Keyword(s):  
Limited Liability ◽  
Corporate Law ◽  
Company Law ◽  
Business Corporation ◽  
Legal Personality ◽  
Modern Business ◽  
Historic Development ◽  
The Subject ◽  
National Boundaries ◽  
Theoretical Foundations

In accordance with comparative law methodology, the chapter seeks to define and delineate in functional terms the subject matter of this book. It aims to provide a workable conception of ‘business corporation’ and ‘company law’ that transcends national boundaries. The modern business corporation (or company) is a comparatively recent phenomenon that emerged in the nineteenth and twentieth centuries. Its rise is linked with the development of the modern nation state and capitalism. Despite a growing interest in comparative company law scholarship, most lawyers still approach the subject with preconceptions formed by their own domestic corporate law experience. This can be problematic given that major differences in typology, historical development, regulatory framework, and legal characteristics remain. Consequently, this chapter discusses the concepts and terminology used in this context in common law and civil law systems, explores separate legal personality and limited liability as defining properties of the business corporation, provides an overview of the historic development of the business corporation and of corporate (law) theory, and analyses the sources of domestic corporate law.

The Implications of Modern Business–Entity Law for the Regulation of Autonomous Systems

2016 ◽  
Vol 7 (2) ◽  
pp. 297-309 ◽  
Author(s):  
Shawn Bayern
Keyword(s):  
Autonomous Systems ◽  
Limited Liability ◽  
Private Law ◽  
Business Organization ◽  
Legal Effect ◽  
Modern Business ◽  
History Of

Nonhuman autonomous systems are not legal persons under current law. The history of organizational law, however, demonstrates that agreements can, with increasing degrees of autonomy, direct the actions of legal persons. Agreements are isomorphic with algorithms; that is, a legally enforceable agreement can give legal effect to the arbitrary discernible states of an algorithm or other process. As a result, autonomous systems may end up being able, at least, to emulate many of the private–law rights of legal persons. This essay demonstrates a technique by which this is possible by means of limited liability companies (LLCs), a very flexible modern type of business organization. The techniques that this essay describes are not just futuristic possibilities; as this essay argues, they are already possible under current law.

scholarly journals The alleged sins of the modern business corporation archetype in shaping the “boom-bust disaster capitalism”. A free market economics reappraisal.

2012 ◽  
Vol 1 (3) ◽  
pp. 177-185
Author(s):  
Octavian-Dragomir Jora ◽  
Mihaela Iacob
Keyword(s):  
Property Rights ◽  
Moral Hazard ◽  
Organizational Design ◽  
Private Property ◽  
Free Market ◽  
Limited Liability ◽  
Third Parties ◽  
The State ◽  
Business Corporation ◽  
Modern Business

Moral hazard defines the situation when the rightful owners of scarce resources are hampered by their entrusted agents from allocating these resources as they see fit, the later ones speculating not only the ubiquitous asymmetry of information, but the limitations, as coming from various state regulations, that impede the free and as complete as possible design of contracts in markets. The modern business corporation is said to be a particular headquarter of moral hazard – on one hand, between shareholders and managers, on the other, between itself and third parties – all that due to the legal shield that the “limited liability”, as “unnatural privilege granted by the state”, gives, fuelling propensity to pure speculation, and thus sending capitalism to ruinous instability. In our article, armed with reasoning coming from the Austrian School inspired libertarian ethics of private property rights (a rigorously reconstructed extension of classical liberalism precepts), we tried to enable the idea that in the corporation organizational design there is, ipso facto, nothing to be seen as an abusive license, granted by the state, through “limited liability” facility. In the light of this reappraisal, the corporation, the one that “strictly acts in the free market”, and so respects the societal division of labour, third parties’ legitimate property rights, not abusing the privileging safeguards (such as monopoly, customs protection or public subsidies, that incite the corporate actors to adopt abusive behaviours), is considered a socially benign capitalist pivot.

Authority by Allusion

2017 ◽  
Author(s):  
Rebecca Skreslet Hernandez
Keyword(s):  
Social Media ◽  
Fifteenth Century ◽  
Islamic Law ◽  
Religious Institutions ◽  
Political Arena ◽  
Modern Era ◽  
The Way

The final chapter brings the discussion of al-Suyūṭī’s legal persona squarely into the modern era. The discussion explores how contemporary jurists in Egypt use the legacy of the great fifteenth-century scholar in their efforts to frame their identity and to assert authority as interpreters and spokesmen for the Sharīʿa in a political arena that is fraught with tension. In the midst of Mursī’s embattled presidency, leading scholars at Egypt’s state religious institutions rushed to news and social media outlets to affirm their status as representatives of “orthodoxy” and to distance themselves from more extreme salafī trends that threaten to change the way Islamic law is practiced in the modern Egyptian state. It is striking how closely the image of the moderate Sunni, Sufi-minded, theologically sound scholar grounded in the juristic tradition (according to the accepted legal schools) fits with the persona that al-Suyūṭī strove so tenaciously to construct.

scholarly journals Hobbes Meets the Modern Business Corporation

Polity ◽  
2021 ◽  
Vol 53 (1) ◽  
pp. 101-131 ◽  
Author(s):  
R.J.G. Claassen
Keyword(s):  
Business Corporation ◽  
Modern Business

The creation and development of learning organizations: a review

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Mohit Kumar ◽  
Justin Paul ◽  
Madhvendra Misra ◽  
Rubina Romanello
Keyword(s):  
Knowledge Management ◽  
Future Research ◽  
Business Organization ◽  
It Infrastructure ◽  
Content Type ◽  
Modern Business ◽  
Managerial Implications ◽  
Overall Performance ◽  
Stored Information ◽  
And Storage

Purpose In this paper, using the antecedents, decisions and outcomes (ADO) framework, the factors/key performance indicators (KPIs) most relevant for creating or building a learning organization (LO) are identified. This study aims to contribute to the field of knowledge management (KM) in terms of introducing KPIs to foster a business organization with a continuous learning process, mechanisms of knowledge creation and memorization. Design/methodology/approach In total, 57 papers were selected for this systematic literature review (SLR) from Web of Science and Scopus covering the period 1985–2019. Findings The 12 most relevant KPIs are identified based on the literature survey conducted in the field of LO. Research limitations/implications The managerial implications of this review paper will be an added advantage to the modern business organization worldwide that have adopted KM practices to foster knowledge management with information technology (IT) infrastructure. As IT infrastructure focuses on knowledge acquisition, dissemination and storage but the KPIs revealed through this review will help in transforming stored information as learning for the organization to improve its overall performance. Originality/value This review synthesizes prior studies and provides directions for future research.

Slavery and the Slave Trade in the Sokoto Caliphate

2021 ◽  
Author(s):  
Murray Last
Keyword(s):  
19Th Century ◽  
North Africa ◽  
Islamic Law ◽  
Slave Trade ◽  
Local Markets ◽  
Large Numbers ◽  
Women And Children ◽  
Sokoto Caliphate ◽  
Muslim Communities ◽  
The 19Th Century

Established using a conventional Islamic model of government, the new Muslim state in Sokoto, known as the Sokoto Caliphate (1804–1903), possessed eventually very large numbers of men, women, and children, taken captive (usually when children) in jihad from mainly non-Muslim communities, to serve as slaves. These slaves worked on farms or within households, they might be concubines and bear children for their owners; or they might be sold as children for export to North Africa in payment for the luxury imports the new elite wanted. Slaves were, under Islamic law, deemed “minors” or “half-persons,” and so had rights that differed from those of the free Muslim. By the end of the 19th century there were more slaves on the local markets than could be sold; exports of captives to North Africa had already dropped. For some captives enslaved as children, however, the career as a slave led eventually to high political positions, even to owning many slaves of their own. But slaves’ property, even their children, ultimately belonged to the slave’s owner. Revolts by male slaves were very rare, but escape was commonplace. Concubines, if they ever became pregnant by their owner, could not be sold again. The abolition of slavery c.1903 was slow to become a reality for many individual slaves, whether men or women.

A STEP TOO FAR? THE JOURNEY FROM “BIOLOGICAL” TO “SOCIETAL” FILIATION IN THE CHILD'S RIGHT TO NAME AND IDENTITY IN ISLAMIC AND INTERNATIONAL LAW

2019 ◽  
Vol 34 (3) ◽  
pp. 383-407 ◽  
Author(s):  
Shaheen Sardar Ali
Keyword(s):  
International Law ◽  
Islamic Law ◽  
Legal Traditions ◽  
Rights Of The Child ◽  
State Practice ◽  
Legal Position ◽  
The Subject ◽  
Rights Discourse ◽  
Muslim Communities ◽  
Human Rights Discourse

AbstractThis socio-legal narrative investigates the journey from “biological” to “societal” filiation undertaken by Islamic and international law regimes in their endeavors to ensure a child's right to name and identity. Combining a discussion of filiation—a status-assigning process—with adoption and kafāla (fostering) as status-transferring mechanisms, it highlights a nuanced hierarchy relating to these processes within Muslim communities and Muslim state practices. It questions whether evolving conceptions of a child's rights to name and identity represent a paradigm shift from “no status” if born out of wedlock toward “full status” offered through national and international law and Muslim state and community practices. The article challenges the dominant (formal, legal) position within the Islamic legal traditions that nasab (filiation) is obtainable through marriage alone. Highlighting inherent plurality within the Islamic legal traditions, it demonstrates how Muslim state practice and actual practices of Muslim communities on the subject are neither uniform nor necessarily in accordance with stated doctrinal positions of the juristic schools to which they subscribe. Simultaneously, the paper challenges some exaggerated gaps between “Islamic” and “Western” conceptions of children's rights, arguing that child-centric resources in Islamic law tend to be suppressed by a “universalist” Western human-rights discourse. Tracing common threads through discourses within both legal traditions aimed at ensuring children a name and identity, it demonstrates that the rights values in the United Nations Convention on Rights of the Child resonate with preexisting values within the Islamic legal traditions.

scholarly journals REKONSTRUKSI IJTIHĀD DALAM ILMU UṢŪL AL-FIQH

Al-Ahkam ◽  
2012 ◽  
Vol 22 (2) ◽  
pp. 161
Author(s):  
Rokhmadi Rokhmadi
Keyword(s):  
Islamic Law ◽  
The Other ◽  
Basic Principles ◽  
The Law ◽  
The Way

<p>Al-Qur’an and Sunnah, needs of understanding and extracting optimally, so that the contents of law can be applied for the benefit of people. The way- to understand and to extract the contents in these two sources- called <em>ijtihād</em>. Thus, <em>ijtihād</em> is needed on <em>istinbāṭ</em> of law from many arguments of the texts (<em>naṣ</em>), eventhough it is <em>qaṭ’ī</em> in which the uṣūliyyūn have agreed that it is not the area for re-extracting to the law (<em>ijtihādiyyah</em>). The problem in this case is that even a <em>qaṭ’ī</em> argument according to the most of uṣūliyyūn has not been <em>qaṭ’ī</em> argument in the other <em>uṣūliyyūn</em> opinion. Reconstruction of <em>ijtihād</em> becomes an alternative, with some considerations: <em>First</em>, weight and tightening the requirements to become a mujtahid, which is almost impossible controlled by someone at the present time; <em>Second</em>, the increasing complexity of the problems faced by the ummat which is very urgent to get the solution; <em>Third</em>, let the period without <em>ijtihād</em> (vacuum of mujtahid) is contrary to the basic principles of Islamic law are always <em>sāliḥ li kulli</em> <em>zamān wa makān</em>. This paper present to discuss further about the urgency of the reconstruction of <em>ijtihād</em> in the challenge of modernity.</p><p>***</p><p>Al-Qur<ins cite="mailto:hasan" datetime="2015-02-17T11:11">’</ins>an maupun <ins cite="mailto:hasan" datetime="2015-02-17T11:11">s</ins>unnah sangat membutuhkan pemahaman dan penggalian secara optimal agar isi kandungan hukumnya dapat diterapkan bagi kemaslahatan umat. Cara untuk menggali dan mengeluarkan isi kandungan yang ada dalam kedua sumber tersebut dinamakan <em>ijtihād</em>. <em>Ijtihād</em> sangat dibutuhkan pada setiap <em>isti<ins cite="mailto:muthohar" datetime="2015-01-29T05:30">n</ins><del cite="mailto:muthohar" datetime="2015-01-29T05:30"></del>bāṭ </em>hukum dari dalil <em>naṣ</em>, sekalipun dalil <em>naṣ</em> tersebut bersifat <em>qaṭ'ī</em> yang oleh para <em>uṣūliyyūn</em> sudah di­sepakati tidak menjadi wilayah untuk dijitihadi lagi. Permasalahannya adalah bahwa sesuatu dalil <em>naṣ</em> yang sudah bersifat <em>qaṭ'ī</em> sekalipun oleh sebagian besar <em>uṣūliyyūn</em>, belum tentu dipandang <em>qaṭ'ī</em> oleh sebagian <em>uṣūliyyūn</em> yang lain. Rekonstruksi <em>ijtihād</em> menjadi se­buah alternatif, dengan beberapa pertimbangan: <em>Pertama</em>, berat dan ketatnya persyaratan-persyaratan menjadi seorang mujtahid, yang hampir tidak mungkin di­kuasai oleh seseorang pada masa sekarang; <em>Kedua</em>, semakin kompleksnya per­masalah­an yang dihadapi oleh ummat yang sangat mendesak untuk mendapatkan solusi; <em>Ketiga</em>, membiarkan satu periode tanpa <em>ijtihād</em> (kevakuman mujtahid) adalah bertentangan dengan prinsip dasar hukum Islam yang selalu <em>sāliḥ li kulli zamān wa makān. </em>Tulisan ini hadir untuk mendiskusikan lebih jauh tentang urgensi rekonstruksi <em>ijtihād</em> dalam menghadapi tantangan modernitas.</p><p>***</p><p>Keywords: <em>ijtihād</em><em>, qaṭ'ī, ẓannī</em><em>, uṣūl al-fiqh</em></p>

scholarly journals MAKING THE CONTENTS OF LETTERS IN THE NOTARIS IN ISLAM'S LEGAL PERSPECTIVE

2017 ◽  
Vol 4 (2) ◽  
pp. 234
Author(s):  
Tubus Tubus
Keyword(s):  
Islamic Law ◽  
Field Research ◽  
Secondary Data ◽  
Point Of View ◽  
Primary Data ◽  
Legal Perspective ◽  
The Future ◽  
The Will ◽  
The Ideal ◽  
The Way

This paper aims to examine the making of the contents of wills examined from the point of view of Islamic law, in practice the reality in the lives of many people who have not heed the word basmallah as an incantation in the contents of the will for the followers of Islam. In this study using sociological juridical method, where the primary data obtained directly from field research, while secondary data obtained from the literature. The results obtained that the way of making the contents of the will and the absence of public legal awareness is optimal for the making of the contents of wills in accordance with Islamic law. And there are still weaknesses in the Making and Implementation of the contents of the current will, when the testament is oral, namely: The absence of the sacred intention or the noble intention of the collector must not necessarily occur; unsecured rights of the recipient, in the event of any problems of the future heirs of the pewasiat; there is a difficulty of proof in the absence of witnesses, when the will is brought before the Court. Law renewal in the making of the contents of the will in the presence of a notary in the perspective of Islamic law are: the reconstruction of its value, the Ideal Formation of the Will, the testament is done in writing witnessed by two witnesses and before the Notary. Ideal Construction Format of Testament Creation. The testament is written in the presence of two witnesses or in the form of a Deed or a Notary Deed. At the head of the will or the Deed or Notarial deed is included a sentence “Basmallah”.

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