scholarly journals Sistem Pemasaran Dropship dalam Perspektif Islam

2018 ◽  
Vol 1 (1) ◽  
pp. 24
Author(s):  
Iwan Fahri Cahyadi
Keyword(s):  
External Environment ◽  
Business Environment ◽  
The Other ◽  
Religious Leaders ◽  
Marketing System ◽  
Changing Environment ◽  
Other Hand ◽  
Islamic Jurisprudence ◽  
The Law ◽  
The Moment

<p><em>Companies that want to survive must be able to adapt and respond to changes in the business environment, whether it's internal and external environment. Companies that are not able to adapt to changing environment then it will fail in his efforts. One of the changes that are happening at the moment is the marketing system with a system of dropship. On the other hand being debated dropship marketing system for the leaders of religion in Indonesia. There are some religious leaders denounce as there are elements of gharar and partly justifies. Islam is the perfect religion. Most of the religious leaders gave an answer that is clearly selling dropship allowed in Islam with a record must meet the Islamic jurisprudence. The solution is through the Covenant of samirah, wakalah and salam. Thus the law of selling dropship system is allowed, as long as there are no prohibited items.</em></p>

scholarly journals The Will for Heirs: A Juristic Analytical Study

2019 ◽  
Author(s):  
International Journal of Fiqh and Usul al-Fiqh Studies
Keyword(s):  
Analytical Methods ◽  
Analytical Study ◽  
Islamic Law ◽  
The Other ◽  
Majority Opinion ◽  
Other Hand ◽  
Islamic Jurisprudence ◽  
The Will ◽  
The Law ◽  
The Needy

This research aims to study the topic of “The Will for Heirs: A Juristic Analytical Study.” It deals with the definitions of will or testament and heirs from the perspective of Islamic jurisprudence. It discusses the views of jurists regarding the ruling of will for heirs by discussing proofs of jurists on this issue in the light of Islamic law of inheritance. This research discovers that the Muslim jurists differed on the law of will for heirs according to three schools of thought: according to Shī’ah Imāmiyyah and some supporters of Zaydiyyah, the will for heirs is permissible in one-third whether approved by the other heirs or not. This view differs from the majority of jurists who invalidate the will for heirs except by the permission of the other heirs because their permission is like a forfeiture of their right. Others, such as Ẓāhiriyyah, opposed the implementation of will for heirs. They argued that the will, will cause dissatisfaction in other heirs or inheritors. On the other hand, the will for heirs is useful and beneficial for some of the needy heirs. The researchers rely on the inductive and analytical methods. One of the important findings of this research is that, relying on the majority opinion of jurists, the law of will for heirs is valid only with the permission of the rest of the heirs after the death of the testator; this is the best opinion based on the strength of the evidence and their keenness on the unity of the heirs of the deceased.

scholarly journals Implications Generated by the Moment Established by the Law for Introducing the Civilly Responsible Party and the Moment Up Until the Injured Person Can Constitue as a Civil Party

2020 ◽  
Vol 8 (1) ◽  
pp. 53-59
Author(s):  
Denisa Barbu ◽  
◽  
◽  
Keyword(s):  
Civil Law ◽  
The Other ◽  
Criminal Prosecution ◽  
Injured Person ◽  
Other Hand ◽  
The Law ◽  
The Moment ◽  
The Right ◽  
Responsible Party

The civilly responsible party can be introduced, according to art 21, alin (1), C.p.p. as modified through CCR Decision up until the end of the criminal persecution by the person in right according to the civil law, in order to be able to formulate requests and to raise exceptions in the preliminary chamber. So, the civil party, as the person in right by the civil law, can ask to be introduced the civilly responsible party by the end of the criminal prosecution. On the other hand, the injured person can constitue as a civil party, as art. 20, alin (1) C.p.p. statues, up until the beginning of the judicial research. Therefore, in the situation that the civil party is not constituted up until the beginning of the preliminary chamber and she does not ask to be introduced the civilly responsible party is there an infringement of the right of the prosecuted? Nor the ones of the civilly responsible party? Are there any remedies?

MAPPING CONTEMPORARY ISLAMIC JURISPRUDENCE OF MUḤAMMAD SAʻĪD AL-‘ASHMĀWĪ AND MUḤAMMAD SHAḤRŪR

2018 ◽  
Vol 1 (1) ◽  
pp. 32
Author(s):  
Yusroh Yusroh ◽  
Mohd. Zaki Abd. Rahman
Keyword(s):  
The Other ◽  
Russian Philosophy ◽  
New Approach ◽  
Marriage And Divorce ◽  
Other Hand ◽  
Islamic Jurisprudence

Muḥammad Saʻīd Al-‘Ashmāwī and Muḥammad Shaḥrūr are well known as contemporary Muslim thinkers. This article tries to map their contemporary ideas on Islamic jurisprudence. The main data of this research taken mainly from the works both of Al-‘Ashmāwī and Shaḥrūr. In particular, the paper tries to analyze Al-‘Ashmāwī‘s ideas on sharia, politics, hijab, marriage and divorce. On the other hand, the ideas of Shahrour on al-Qur'an, Sunnah and Fiqh, the theory of borders, pluralism, the commandment, inheritance, hijab, marriage, divorce, dowry, politics, and imamate are also critizised. After analyzing their lives and their ideas on Islamic jurisprudence, the paper found that their social, educational and practical backgrounds have affected their intellectual formations and ideas. Ashmawi is encouraged by diligence and enlightenment and is believed to be enlightened. Shahrour, however, takes a new approach in order to create the ḥudūd theory as a new way. As well as their intellectual background, Ashmawi has a good queen in Arabic, English and French as well as religion, Sharia, jurisprudence and theology. Shahrour is a good queen in Arabic, English, Russian, philosophy, philology and historical language.

Law’s Contradictions

2018 ◽  
Author(s):  
Nimer Sultany
Keyword(s):  
The Other ◽  
Political Actors ◽  
Political Conflicts ◽  
Other Hand ◽  
The Law ◽  
The One

This chapter analyzes concrete Egyptian and Tunisian cases that showcase the interplay between continuity and rupture. These cases illustrate the lack of a systemic relation between law and revolution. On the one hand, the judiciary that interprets and applies the law is part of the very social and political conflicts it is supposed to resolve. On the other hand, the law is incoherent and there are often resources within the legal materials to play it both ways. Thus, the different forces at work use both continuity and rupture to advance their positions. Furthermore, legitimacy discourse mediates the contradictions between law and revolution in the experience of different legal and political actors. This mediation serves an ideological role because it presupposes a binary dichotomy between continuity and rupture, papers over law’s incoherence by reducing it to a singular voice, and reduces revolution to an event rather than a process.

STUDI KRITIS JUAL BELI DEKORASI UANG MASKAWIN

Al-MAJAALIS ◽  
2018 ◽  
Vol 6 (1) ◽  
pp. 1-36
Author(s):  
Muhammad Arifin Badri
Keyword(s):  
The Other ◽  
Other Hand ◽  
Business Opportunities ◽  
The Law ◽  
The One ◽  
High Level

This study aims to examine the laws of dowry money decoration that are common in the community. The innovation and soul of art that is channeled through décor of dowry money is proven to produce beautiful and unique works, so as to attract the attention and interest of the wider community. However, because to produce beautiful and unique works, a high level of creativity is needed, so not everyone can do it. On the one hand, this phenomenon opens up quite good business opportunities, but on the other hand, it should be watched out, because in some conditions it contains the practice of buying and selling currencies with nominal differences. Through this study, I would like to uncover the law of buying and selling practices decorating dowry money and decorating services. As I also intend to present an applicative solution for the community so that they can still channel their artistic talents without violating Shari’ah law.

Dismissal with Monetary Consideration under Art. 232, para. 2 of the Labour Code

De Jure ◽  
2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Hristo Banov ◽  
Keyword(s):  
Employment Relationship ◽  
The Other ◽  
Employment Contract ◽  
Other Hand ◽  
Unilateral Termination ◽  
The Law ◽  
The One ◽  
Rules Set ◽  
Final Calculation

The article reviews the main differences between the monetary obligation of the employer under Art. 232, para. 2 of the Labour Code and other payments that the same party owes by law in the employment relationship. Thus, the hypotheses are differentiated, on the one hand, of the unilateral termination of the employment contract by the employer against monetary payment on the grounds of Art. 232, para. 2 of the Labour Code, and, on the other hand, the emergence of an obligation to pay certain compensations – in the true sense of the term – under Art. 213, Art. 214, Art. 219, para. 2 and Art. 225 of the Labour Code. Thereby, the thesis regarding the impossibility of incurring of an obligation on the employer to simultaneously execute the various mentioned monetary considerations, is reasoned. In addition, the rules set out in the law are discussed, both for contracting and for the final calculation of the amount of the employer’s monetary payment, which this study focuses on.

scholarly journals The role of SMEs in innovation-oriented economic development

2017 ◽  
pp. 95-99
Author(s):  
Tamás Köpeczi-Bócz ◽  
Mónika Lőrincz
Keyword(s):  
Rural Areas ◽  
Tertiary Education ◽  
National Level ◽  
Business Environment ◽  
The Other ◽  
Sectoral Structure ◽  
Other Hand ◽  
Knowledge Intensive ◽  
The One

Both at European and national level tertiary and quaternary sectors are concentrated in the metropolitan centre. In the rural areas only the sites of such sectors can be found the premises of which temporarily transform the sectoral structure of these areas, but from the regional development aspect they did not prove to be an effective strategy.The European Commission is now focusing on growth from innovation, which could become the driving force behind productivity growth and the economy’s long-term trend. The innovation-oriented economic development’s key players are on the one hand the knowledge-intensive enterprises, on the other hand the universities. Tertiary education can play a role – among others – in shaping and creating the development of knowledge intensive business environment and conditions, on the other hand it can assist the development of network contacts – another precondition of employment growth.

scholarly journals ARABIC: تغيير الفتوى بمقتضيات الزمان والمكان

rahatulquloob ◽  
2021 ◽  
pp. 1-13
Author(s):  
Dr. Abdul Wadood Abed ◽  
Dr. Hedayatullah Modaqiq
Keyword(s):  
Islamic Law ◽  
The Other ◽  
Scientific Development ◽  
Spatial Factors ◽  
Other Hand ◽  
Islamic Jurisprudence ◽  
Temporal And Spatial ◽  
The One

Islamic law, by having features in its principles that are fixed and variable, expresses its authority in any situation and time. Of course, this feature reflects the unique legislative miracle of Islam itself. The source of Islamic law is divine and heavenly, so it has always descended directly through the revelation of Allah Almighty, the Lord of the worlds, and has been arranged according to His wisdom and providence and has been considered in the context of time and place according to their nature and needs. Changing of a fatwa is the change of one rule in a specific issue to another one along with a Sharia cause that agrees with the aims and purposes of the Sharia. Therefore, there is no change in the prescribed rules and the fixed principles of Shari, but Ijtihad, Qiyas and expedient rules can be changed; Because there are many rulings that have been permitted for expediency, after the passage of time and the change of place have led to corruption, which again has become impermissible. The rule of fatwa changing has been valid in the Sharia; Because, on the one hand, the Companions and their followers have used it in their ijtihad fatwas, and on the other hand, Islamic jurisprudence is a developmental debate that progresses together with the caravan of life, no awareness of the demands of time, place and scientific development is synonymous with depriving the Islamic Ummah from virtues and facilities of life, so it is necessary that the change of the fatwa has to be compatible to the change of expediencies, otherwise it will lead to corruption and harm. Statement of the problem: The Islamic jurists have divided the Islamic rules into fixed and variable. This means that the prescribed laws, which are in harmony with meek nature, do not accept changes but the rules which are based on ijtihad can be changed. The discussion of changing the fatwa and its temporal and spatial factors is one of the important issues of jurisprudence that scholars have paid attention to and therefore the answer to these two questions is necessary for the researcher whether changing the fatwa is permissible? Are the requirements of time and place effective in its changing?

scholarly journals ETHICAL PRINCIPLES OF SOCIETY AS REGULATORY FACTORS OF CIVIL LAW OF UKRAINE: THE ISSUE OF VALIDITY

2019 ◽  
pp. 16-20
Author(s):  
V. Кroitor
Keyword(s):  
Civil Law ◽  
The Other ◽  
Ethical Principles ◽  
Regulatory Requirements ◽  
Regulatory Factors ◽  
Other Hand ◽  
Moral Rules ◽  
The Law ◽  
The One

The article studies the issue of scientific and practical validity of applying ethical principles of society as regulatory factors of civil law of Ukraine. Taking into account the lack of validity of ethical principles of society as regulatory factors, the author attempts to make a correlation between the content of such principles of civil law as fairness, integrity and reasonableness, on the one hand, and ethical principles of the society, on the other hand. The author of the paper proves that it is inappropriate to apply the provisions of morality as regulatory factors for the regulation of civil relations. The conclusion on the objection to the civil regularity of ethical principles of society is based on several theses. Firstly, moral rules are not formalized, which creates a threat of arbitrary interpretation of their content. Secondly, ethical principles do not have a definite source of origin. Thirdly, the fundamental ethical rules have already been taken into account in the content of the principles of fairness, integrity and reason, which in turn create competition between the two types of regulatory factors. Unreasonable duplication of regulatory requirements reduces the functionality of the law, complicates the perception of its requirements. The competition between the principles of law and the ethical principles of society must be eliminated by refusing to give the latter the function of regulatory factors. The author of the paper does not deny the possibility of taking into account the ethical principles of society while regulating the relations that have been neglected by the "official law".

scholarly journals ABUSE OF THE RIGHT TO INITIATE BANKRUPTCY PROCEEDINGS

2020 ◽  
pp. 259-264
Author(s):  
В. В. Дутка
Keyword(s):  
The Other ◽  
Legal Entity ◽  
Legal Norms ◽  
Other Hand ◽  
Bankruptcy Procedure ◽  
Good For ◽  
The Law ◽  
The Right ◽  
Ordinary Citizens ◽  
Legal Entities

The relevance of the article is that society’s attitude to the bankruptcy procedure is ambiguous: ordinary citizens who have never been involved in bankruptcy proceedings often perceive it as a certain negative phenomenon that should be avoided and avoided. On the other hand, for many debtors, bankruptcy becomes the “lifeline” with which they can repay their claims to creditors and start financial life “from scratch”. At the same time, it should be noted that many debtors and creditors use the bankruptcy procedure not for the purposes provided by the legislator in the relevant legal norms, but to satisfy only their own interests, to the detriment of the interests of other parties to the case. In this regard, the study of the abuse of the right to initiate bankruptcy proceedings becomes relevant. The article is devoted to the study of abuse of the right to initiate bankruptcy proceedings. The purpose of the article is to study the abuse of the right to initiate bankruptcy proceedings and highlight the author’s vision of this issue. According to the results of the study, the author concludes that the application to the debtor of bankruptcy procedures can be both good for the debtor and to the detriment of the interests of his creditors. Entities that could potentially abuse the right to initiate bankruptcy proceedings are: creditors of the debtor – a legal entity, as well as debtors – legal entities, individuals and individuals – entrepreneurs. The fact of exemption of debtors from the court fee for filing an application to initiate bankruptcy proceedings is not only an unjustified luxury for our state, but also only contributes to the abuse of the right to initiate bankruptcy proceedings by unscrupulous debtors. In order to reduce the number of cases of abuse of the right to initiate bankruptcy proceedings, the author justifies the need to complicate the conditions for opening bankruptcy proceedings, for example, by returning the conditions provided by the Law of Ukraine “On Restoration of Debtor’s Solvency or Recognition of Debtor’s Bankruptcy”.

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