scholarly journals ANTI-MONEY LAUNDERING CRIMES IN ISLAMIC LAW COMPARED TO THE ALGERIAN AND INDONESIAN LAW

JURISDICTIE ◽  
2017 ◽  
Vol 7 (2) ◽  
pp. 190
Author(s):  
Bakhouya Driss

<p><em>     </em><em>Islamic law agreed with most modern laws on the seriousness of money laundering crimes, including Algerian law and Indonesia, despite the differences in regard to the methods which these crimes because of the different banking systems from one country to another on the one hand, because of the possibilities available to money launderers on the other.</em></p><p><em>      This led to the need to pay special attention by the Algerian law and Indonesia in order to effectively provide for these modern criminal phenomena, it has resorted to the imposition of strict controls to combat the phenomenon is mostly derived from the provisions of Islamic Sharia.</em></p><p><em>      Although the procedures and mechanisms that came in the Islamic Sharia and stipulated in the fight against money laundering in Algeria, Indonesia law, but many obstacles stand in the way without effective control of this crime along the lines of the principle of banking secrecy, which is an obstacle, often without disclosure of relevant financial transactions money laundering offenses.</em></p>

2018 ◽  
Vol 12 (1) ◽  
pp. 119-132
Author(s):  
Muhammad Fuad Zain

This paper discusses the mining-trading of cryptocurrency in Islamic law as a digital asset that has recently been traded in cyberspace. The value of cryptocurrency is soaring and fluctuation and it is influenced by the demand of buying and selling. Indodax.com is the official digital asset site in Indonesia that trades more than 13 digital currencies. As we know, digital currencies are not electronic money, even though the characteristic is similar. Starting from this, I analyze whether cryptocurrency is worthy of being value as money that has a certain value. Until now, the Indonesian government through Bank Indonesia has published regulation Number 16/8/PBI/ 2014, which explicitly prohibits using bitcoin and altcoin on financial transactions. Otherwise, MUI (Indonesian Ulema Council) has not issued a fatwa yet related to cryptocurrency. From here, I focuse on this study to the law of cryptocurrency in Islamic law. Bitcoin has advantages and disadvantages. Among its advantages are the user can use exchange or transaction without third service (bank), and it can be traded in merchandise shops. But, the disadvantages of bitcoin are mach more, such as fluctuating value every times, it is not listed as a commodity, it is not watched by Financial Services Authority (OJK), it presents the element of gharar (uncertainty) and maysir (gambling or bet), which makes it possible to be used for money laundering and drugs. On the other hand, until now, the Indonesian people have not considered that bitcoin as a treasure like gold or silver


2017 ◽  
Vol 5 (1) ◽  
pp. 165
Author(s):  
Assist. Prof. Dr. Kazım Yıldırım

The cultural environment of Ibn al-Arabi is in Andalusia, Spain today. There, on the one hand, Sufism, on the other hand, thinks like Ibn Bacce (Death.1138), Ibn Tufeyl (Death186), Ibn Rushd (Death.1198) and the knowledge and philosophy inherited by scholars, . Ibn al-Arabi (1165-1240), that was the effect of all this; But more mystic (mystic) circles came out of the way. This work, written by Ibn al-Arabi's works (especially Futuhati Mekkiye), also contains a very small number of other relevant sources.


2020 ◽  
Vol 3 (2) ◽  
Author(s):  
Muhamad Khoirul Umam

In view of Islamic law Ethereum as a digital asset that is traded in cyberspace.The value of cryptocurrency surges and fluctuates, it is influenced by buying and selling demand. Indodax exchange is an official digital asset site in Indonesia that trades more than 40 digital currencies.The purpose of this study is to analyze whether cryptocurrency is worthy of value as money having a certain value, and also seen from the Indonesian government through Bank Indonesia has issued regulation No. 16/8/PBI/2014, which explicitly prohibits the use of bitcoin, Ethereum and altcoin for use in financial transactions in cash. So that raises research questions how the cryptocurrency law in the form of coin ethereum in Islamic law. The results of this study explain ethereum has advantages and disadvantages. Among its advantages is that users can use exchanges or transactions without a third service (bank), and can be traded at merchandise stores.However, ethereum losses are more frequent, such as fluctuating values each time, not listed as commodities, not watched by the Financial Services Authority (OJK), they present elements of gharar (uncertainty) and maysir (gambling) or (betting), which are used for money laundering and purchase of illegal drugs.Keywords: Cryptocurrency, Ethereum, Digital asset


2000 ◽  
Vol 17 (2) ◽  
pp. 1-28
Author(s):  
Sherman A. Jackson

Native born African-American Muslims and the Immigrant Muslimcommunity foxms two important groups within the American Muslimcommunity. Whereas the sociopolitical reality is objectively the samefor both groups, their subjective responses are quite different. Both arevulnerable to a “double Consciousness,” i.e., an independently subjectiveconsciousness, as well as seeing oneself through the eyes of theother, thus reducing one’s self-image to an object of other’s contempt.Between the confines of culture, politics, and law on the one hand andthe “Islam as a way of life” on the other, Muslims must express theircultural genius and consciously discover linkages within the diverseMuslim community to avoid the threat of double consciousness.


Author(s):  
Jenny Andersson

Alvin Toffler’s writings encapsulated many of the tensions of futurism: the way that futurology and futures studies oscillated between forms of utopianism and technocracy with global ambitions, and between new forms of activism, on the one hand, and emerging forms of consultancy and paid advice on the other. Paradoxically, in their desire to create new images of the future capable of providing exits from the status quo of the Cold War world, futurists reinvented the technologies of prediction that they had initially rejected, and put them at the basis of a new activity of futures advice. Consultancy was central to the field of futures studies from its inception. For futurists, consultancy was a form of militancy—a potentially world altering expertise that could bypass politics and also escaped the boring halls of academia.


Author(s):  
Ulf Brunnbauer

This chapter analyzes historiography in several Balkan countries, paying particular attention to the communist era on the one hand, and the post-1989–91 period on the other. When communists took power in Albania, Bulgaria, Romania, and Yugoslavia in 1944–5, the discipline of history in these countries—with the exception of Albania—had already been institutionalized. The communists initially set about radically changing the way history was written in order to construct a more ideologically suitable past. In 1989–91, communist dictatorships came to an end in Bulgaria, Romania, Yugoslavia, and Albania. Years of war and ethnic cleansing would ensue in the former Yugoslavia. These upheavals impacted on historiography in different ways: on the one hand, the end of communist dictatorship brought freedom of expression; on the other hand, the region faced economic displacement.


Erkenntnis ◽  
2020 ◽  
Author(s):  
Vincenzo Crupi ◽  
Andrea Iacona

AbstractThis paper outlines an account of conditionals, the evidential account, which rests on the idea that a conditional is true just in case its antecedent supports its consequent. As we will show, the evidential account exhibits some distinctive logical features that deserve careful consideration. On the one hand, it departs from the material reading of ‘if then’ exactly in the way we would like it to depart from that reading. On the other, it significantly differs from the non-material accounts which hinge on the Ramsey Test, advocated by Adams, Stalnaker, Lewis, and others.


2021 ◽  
Vol 112 (1) ◽  
pp. 105-129
Author(s):  
Phillip Andrew Davis

Abstract Despite the popular notion of Marcion’s outright rejection of the Jewish Scriptures, his gospel draws on those Scriptures not infrequently. While this might appear inconsistent with Marcion’s theological thought, a pattern is evident in the way his gospel uses Scripture: On the one hand, Marcion’s gospel includes few of the direct, marked quotations of Scripture known from canonical Luke, and in none of those cases does Jesus himself fulfill Scripture. On the other hand, Marcion’s gospel includes more frequent indirect allusions to Scripture, several of which imply Jesus’ fulfillment of scriptural prophecy. This pattern suggests a Marcionite redaction of Luke whereby problematic marked quotes were omitted, while allusions were found less troublesome or simply overlooked due to their implicit nature.


Al-Ahkam ◽  
2012 ◽  
Vol 22 (2) ◽  
pp. 161
Author(s):  
Rokhmadi Rokhmadi

<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>


2021 ◽  
pp. 142-163
Author(s):  
ARKADII MAN'KOVSKII

The paper explores the genre of scarcely studied play by Russian minor writer Alexei V. Timofeev (1812-1883) Rome and Carthage (1837). Timofeev’s contemporary literary critic Osip Senkovskii treated like poet’s failure his use of romantic techniques in the play on ancient plot. Taking into account this opinion the paper analyzes the paratextual elements in the play, the way of describing characters, the division of the play into acts, the connection of the plot events with historical facts. The paper argues that the play approaches the kind of romantic drama, which the author suggests to call “historical fantasy” Its main feature is the coexisting in the plot mythology and religious tradition, on the one hand, and historical events, on the other, the heroes of historical chronicles and the heroes of folk legends, belief in miracles and rationalism. The goal of historical fantasy is to produce a generalized image of the time, to convey the spirit of the epoch while the dramatic action takes a secondary place. Samples of the genre were given in the works of Alexander A. Shakhovskoi, Alexander I. Gertsen, Apollon N. Maikov. Timofeev’s play was just in the way to this kind of drama.


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