scholarly journals JUAL BELI DALAM PANDANGAN ISLAM

2016 ◽  
Vol 3 (2) ◽  
pp. 239
Author(s):  
Shobirin Shobirin
Keyword(s):  
Islamic Law ◽  
Point Of View ◽  
The Other ◽  
Limit Time ◽  
The Will ◽  
The Way

Selling (business) is the exchange of wealth on the basis of mutual willing and the joint agreement. There are four Perversions, namely; (1) Marriage  (ijab qobul) (2) the prescribed is run (subject)   (3) ma›kud ‹alaih (object) useful objects according to the view of syara› (4) there is a replacement for exchange of goods.  The legality of ijab qobul conditions there are three; (a) Do Not in intersperse with other words between ijab qobul, (b) people - the prescribed is run (seller and buyers ) and (c) do not there separated the meaning the seller and buyers still no interaction about ijab qobul. Conditions of the legality of the seller and buyers there are four; (a) reached puberty understanding.   (b) Moslems, this condition specifically for buyers in certain objects objects (c) no objects or items in chairman voterâ (ma›kud alaih) and (d) not wasted (waste), the will of their own and there is no compulsion of the other party. Conditions of the legality of goods sold voterâ there are six; (a) must be holy (b) cannot be not to associate with something (c) cannot be in the limit time (d) its own, (e) can be known (seen), (f) can be known to the quality and the weight. various kinds of selling (business) in Islam, seen from the point of view of the two glass eyes of Islamic law there are two valid and cancel and from the eye of goods there are three (1) selling goods that appear, (2) selling mentioned the pharmacodynamic him in the promise and( 3) selling things that are not there. In Islam in business provide current accounts allow to choose to cancel the marriage of selling (business) called khiar, there are <br />three, namely; (1) khiar, assembly (2) khiar conditions (3) khiar disgrace. The wisdom of selling in Islam; (a) that selling (business) in Islam can be valuable social or helped against each other, will grow berbagain reward, (b) business in Islam is one of the ways to maintain cleanliness and halalnya items eaten for himself and his family, (c) business in Islam is the way to combat laziness, unemployment and extortion to others.

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”.

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>

How to put yourself in someone else’s shoes: The role of point-of-view in the interpretation of mixed messages

2019 ◽  
Vol 16 (2) ◽  
pp. 219-238
Author(s):  
Nikos Vergis
Keyword(s):  
Short Stories ◽  
Point Of View ◽  
The Other ◽  
Web Based ◽  
Affective Factors ◽  
The Difference ◽  
Mixed Messages ◽  
Communicative Role ◽  
The Way

AbstractDoes having a communicative role other than the speaker’s make a difference to the way pragmatic meaning is construed? Standard paradigms in interpersonal pragmatics have implicitly assumed a speaker-centric perspective over the years, however modern approaches have re-considered the role of listener evaluations. In the present study, I examine whether assuming different communicative roles (speaker, listener, observer) results in varying interpretations. A web-based experiment revealed that participants who took the perspective of different characters in short stories differed in the way they interpreted what the speaker meant. In most cases, participants in the role of the listener interpreted speaker meaning in more negative ways than participants in the other roles. The present study suggests that the directionality of the difference (negative inferences under the listener’s perspective) could be explained by taking into account affective factors.

scholarly journals “In Harmony with Reason”: John Duns Scotus’s Theo-aesth/ethics

Open Theology ◽  
2014 ◽  
Vol 1 (1) ◽  
Author(s):  
Oleg Bychkov
Keyword(s):  
Natural Law ◽  
Point Of View ◽  
Divine Command ◽  
Moral Norms ◽  
God's Will ◽  
Accurate Model ◽  
The Past ◽  
Freedom Of The Will ◽  
The Will ◽  
The Way

AbstractOver the past two decades, the debate has intensified over the nature of John Duns Scotus’s (meta) ethics: is it a purely voluntarist “divine command” ethics or is it still based on rational principles? The former side is exemplified by Thomas Williams and the latter by Allan Wolter. Scotus claims that even the divine commandments that are not based on natural law are still somehow “in harmony with reason.” But what does this mean? Richard Cross in a recent study claims that God’s reasons for establishing certain moral norms are “aesthetic.” However, he fails to show clearly what is “aesthetic” about these reasons or why God’s will would follow “aesthetic” principles in legislating moral norms. This article clarifies both points, first, by painting an up-to-date picture of what constitutes “aesthetic” principles, and second, by providing a more accurate model of the way the human volitional faculty operates and addressing the problem of the “freedom of the will” from a present-day point of view.

scholarly journals Identifying ‘Illat through Munasabah in Islamic Law: A Perspective of Imam Al-Ghazali

2021 ◽  
Vol 5 (2) ◽  
pp. 598
Author(s):  
Khairuddin Hasballah ◽  
Andi Darna ◽  
Wardana Said ◽  
Hajarul Akbar ◽  
Ihdi Karim Makinara ◽  
...  
Keyword(s):  
Legal History ◽  
Islamic Law ◽  
Analytical Tool ◽  
The Other ◽  
Legal Research ◽  
Other Hand ◽  
History Approach ◽  
The Way

This study discusses the way in determining ‘illat through the munasabah method proposed by Imam al-Ghazali in the perspective of Islamic law. The study focuses on two main problems: the identification of ‘illat through munasabah and the legal formulation to utilize hikmat to obtain ‘illat according to al-Ghazali. This normative legal research used a legal history approach as an analytical tool to examine the Islamic scholars’ thoughts on concepts, theories and ways of doing istinbath. The study concluded that according to al-Ghazali there are three kinds of munasabah in determining ‘illat, consisting of munasib mu’atstsir, munasab mula’im, and munasib gharib. In munasib mu’atstsir, there is no issue found in seeking ‘illat because the ‘illat is understood directly from the nash or ijma’. Therefore, munasabah is no longer needed in the determining ‘illat. Here, the munasabah method focuses on munasib mula’im and munasib gharib in identifying ‘illat. Munasib mula’im seeks for the genus ‘illat, an ‘illat drawn from every event that has been predetermined by the nash, by examining the same hikmah in each of the events. Such hikmah is then used as the genus ‘illat which will later be applied as qiyas for other events that have been legally stipulated by the nash. On the other hand, munasib gharib seeks for the species ‘illat, an ‘illat obtained from an event that has been predetermined by the nash, with no comparison found in other events. ‘Illat determined from munasib gharib is also hikmah, having no concrete nature. In the perspective of legal history, this method of seeking ‘illat is inseparable from kalam and philosophy as was the development of the Islamic sciences at the time. As such, this had also affected al-Ghazali’s mastery in Islamic law as well as in other Islamic disciplines. 

scholarly journals The position of victims in Serbia: Criminal procedure and possibilities of restorative justice

Temida ◽  
2006 ◽  
Vol 9 (1) ◽  
pp. 67-75 ◽  
Author(s):  
Vesna Nikolic-Ristanovic ◽  
Sanja Copic
Keyword(s):  
Human Rights ◽  
Restorative Justice ◽  
Criminal Procedure ◽  
Support Service ◽  
Point Of View ◽  
The Other ◽  
Victim Support ◽  
The One ◽  
The Way

In the paper, the authors deal with the victim"s position in the criminal procedure, on the one hand side, and the possibilities of implementing restorative justice and its importance for the improvement of victim"s position in Serbia, on the other one. In the first part of the paper, the authors point out victim"s position within the criminal procedure and the noticed gaps, which are particularly reflected in insufficient paying attention to the victim and neglecting of his/her rights and needs. This is opposite to the strengthening of the rights of the accused party that characterizes societies, which are, as our society, on the way of democratization and improvement of human rights. In the second part of the paper, the authors analyze some solutions that introduce elements of restorative justice into our system of criminal response to crime, but from the victim"s point of view. Finally, the authors also point out some further steps that should be undertaken in order to improve the victim"s position, particularly emphasizing the place and role of victim support service, witness service and special facilities in the courts for victims/witnesses, possibilities of using victim-offender mediation before reporting the crime, or staring the prosecution, or as a part of the treatment in the prison etc.

Vasily Polenov: Conversation with the Soul

2021 ◽  
pp. 75-83
Author(s):  
Natalya N. Rostova
Keyword(s):  
Point Of View ◽  
The Other ◽  
Philosophical Analysis ◽  
Landscape Painting ◽  
Human Being ◽  
Other Hand ◽  
The Subject ◽  
The One ◽  
The Way

The article examines the work of Vasily Polenov. The author presents Polenov’s artistic path as the dramatic choice between what is commonly called genre and landscape painting. From the philosophical point of view, the problem consists in concept of understanding art. On the one hand, the essence of art can be reduced to «what», to writing a story, a big sense. On the other hand, art can be understood as «painting for painting’s sake». In this sense, the tension in Polenov’s work arises between the paintings «Moscow Courtyard» and «Christ and the Sinner». The author notes that the way out of this dilemma is to understand art as the subject that reflects the non-objectifiable and devoid of anything essence. The article analyzes the philosophical meaning of Polenov’s paintings of the gospel cycle and provides a philosophical analysis of the artist’s nostalgic paintings. The author comes to the conclusion that Polenov’s paintings are the form that establishes an emotionally experiencing human being

The Will Rogers Illusion in Judgments About Social Groups

1993 ◽  
Vol 4 (1) ◽  
pp. 46-48 ◽  
Author(s):  
David M. Messick ◽  
Arlene G. Asuncion
Keyword(s):  
Social Groups ◽  
The Other ◽  
Social Stereotypes ◽  
Will Rogers ◽  
The Will ◽  
The Mean ◽  
The Way

Subjects' judgments of the mean of 12 scores were influenced by the way in which the scores were dichotomized. The estimated mean was higher when the three highest scores formed one group (e.g., payments for women) and the nine lowest formed the other (e.g., payments for men) than when the nine highest were one group and the three lowest the other. We call this phenomenon the Will Rogers Illusion (WRI). The WRI occurred only when estimates of the subgroup means were made prior to the estimates of the mean of the whole group. When the latter mean was judged first, the WRI was reversed. These and other data indicate that the means of subgroups can influence judgments of group means, a finding that is relevant to research on social stereotypes.

scholarly journals ABÛ ISHÂQ IBRÂHÎM IBN MÛSÂ AL-SYÂTHIBÎ AND HIS OPINION ON THE DICHOTOMY OF ‘IBÂDÂT AND ‘ÂDÂT IN ISLAMIC LAW

2016 ◽  
Vol 10 (2) ◽  
pp. 189-204
Author(s):  
Jamal Abdul Aziz
Keyword(s):  
Thirteenth Century ◽  
Islamic Law ◽  
Social Economic ◽  
The Other ◽  
Dynamic Aspect ◽  
Main Concept ◽  
Cultural Changes ◽  
Wide Scale ◽  
The Way

Abû Is­hâq Ibrâhîm ibn Mûsâ al-Syâthibî (d. 790/1388), or who is known as al-Syâthibî, is one of the most famous fuqahâ’ in Maliki sect. When he was living in Granada in the thirteenth century, he faced a wide scale of social, economic, and cultural changes. At the same time, the teaching and practice of tasawwuf influenced the tendency of  thinking of Islamic law. The big change supported him to formulate his philosophy of Islamic law. Mashlahah (mashâlih), as the main purpose of maqâshid al-syarî’ah, is the main concept of philosophy thinking in Islamic law that he built. The dichotomy of ‘ibâdât and ‘âdât contains the representation of fixed aspects which in one side is the teaching of worships (rites), and on the other side is the dynamic aspect from the Islamic law. ‘Ibâdât asked for a pure obedience from a human with the way has been specified by the God, while ‘âdât can receive any possible changes.Copyright (c) 2015 by Al-Ihkam. All right reservedDOI: 10.19105/al-ihkam.v10i2.714  

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