FEMALE PRISONER AND PRISONS FOR WOMEN. A FEMINIST LEGAL CRITICAL VIEW ACCORDING TO AN EMPIRICAL-LEGAL DESCRIPTIVE ANALYSIS OF THE RIGHT TO FORMAL EDUCATION IN PRISON

Author(s):  
Daniela Serra Castilhos ◽  
Marco Ribeiro Henriques
PALAPA ◽  
2020 ◽  
Vol 8 (2) ◽  
pp. 244-284
Author(s):  
Nurhadi Nurhadi ◽  
Mawardi Dalimunthe

The purpose of this study is to find out the concept of khilafah according to Sayyid Quthub and Taqiyuddin al-Nabhani, differences and legal basis. This study is a library model, with primary data sources, the Zhilalal-Qur'anic Tafseer and Nizham Al-Hukmi Fi Al-Islam and qualitative descriptive analysis methods. The result is the thought of the concept of khilafah according to sayyid Quthub: 1). The concept of the ruler / caliph, that who becomes the ruler of the choice of the Muslims, acts in absolute freedom, but that person gets the authority because he constantly applies the law of Allah Almighty. 2). The Islamic government system, the Supra Nasional government (the unity of the entire Islamic world). 3). The pillars of his Islamic government: a). Justice of the ruler; b). People's obedience; c). Consultation between the people and the authorities. Thought of the concept of the Caliphate according to Taqiyuddin Al-Nabhani: 1). The concept of the ruler / caliph is a person who represents the Ummah in government affairs and power and in applying syara 'laws. 2). The system of government is khilafah. 3). The pillars of his Islamic government: a). Sovereignty in the hands of syara '; b). Power of the people; c). To appoint a legal Caliph fardlu for all Muslims; d). Only Khailfah has the right to carry out tabanni (adoption) against syara 'laws; e) The Caliph has the right to make constitutions and all other laws. The differences in the concept of khilafah are both: 1). According to Sayyid Quthub, if the ruler fails, then the ruler can be dismissed if the Muslims are no longer satisfied with him. This statement gives a signal that the people get rid of the rulers who no longer fulfill their functions (zhalim rulers). It is different from the opinion of Taqiyuddin al-Nabhani. An Amir al-mu'minin (Khalifah), even though he is responsible before the people and his representatives, but the people and their representatives are not entitled to dismiss him. Nor will the Caliph be dismissed, except when deviating from Shara law. The one who determined the dismissal was only the Mazhalim court. 2). The system of Islamic government according to Sayyid Quthub does not question any system of government in accordance with the system of conditions of society, but this government is characterized by respect for the supremacy of Islamic law (shari'ah). Whereas According to Taqiyuddin Al-Nabhani that the system of Islamic government is khilafah. 3). The pillars of Islamic government according to Sayyid Quthub and Taqiyyuddin al-Nabhani, points three parts a and b at the above conclusions are: 1). Sayyid Quthub: a). Justice of the ruler; b). People's obedience; c). Consultation between the people and the authorities. 2). Taqiyyuddin al-Nabhani: a). Sovereignty in the hands of syara; b). Power of the people; c). To appoint a legal Caliph fardlu for all Muslims; d). Only Khailfah has the right to do tabanni (adoption) against the laws of shara; e). The Caliph has the right to make constitutions and all other laws. The legal bases for determining the Caliphate according to both: 1). The legal basis for the establishment of the Caliphate according to Sayyid Quthub: 1). Ruler, Qur'an Surah (2) al-Baqarah verse 30; 2). Islamic Government System, Qur'an Surah (24) an-Nur verse 55; 3). Pillars of Islamic Government, Qur'an Surah (4) an-Nisa 'verse 58. 2). The legal basis for the establishment of the Caliphate according to Taqiyyuddin al-Nabhani: 1). Ruler, hadith of Muslim history from Abu Said Al khudri, Hadith no. 1853 and Muslims from Abdullah Bin Amru Bin Ash, Hadith no. 1844; 2). Islamic Government System, Al-Qur'an surah an-Nisa '(4) verse 59, an-Nisa' (4) verse 65. Muslim, saheeh Muslim, volumes, 3 pp., 1459 and 1480; 3). Islamic Pillars of Government al-Qur'an surah An-Nisa (3) verse 65, and Surah An-Nisa (3) verses': 5.


2020 ◽  
Vol 20 (1) ◽  
pp. 95
Author(s):  
Jamhuri Jamhuri ◽  
Zuhra Zuhra

Talak merupakan hukum yang disyariatkan bagi satu pasangan yang tidak mungkin lagi membina hubungan keluarga dengan baik. Peluang talak ini dapat dipilih oleh suami dengan memperhatikan tata cara dan prosedur yang sesuai dengan hukum Islam. Terdapat beberapa hukum yang ulama tidak padu dan berbeda pendapat, khususnya mengenai konsep talak dilihat dari sisi waktu dan jumlah penjatuhannya. Penelitian ini henda mengkaji pendapat Ibn Qayyim. Masalah yang didalami adalah bagaimana pandangan Ibnu Qayyim al-Jauziyyah terhadap konsep dan pengaruh hukum talak syar’i dilihat dari segi waktu dan jumlah penjatuhan talak, dan bagaimana metode istinbaṭ yang ia gunakan. Penelitian ini termasuk penelitian pustaka, data yang terkumpul dianalisis dengan cara analisis-deskriptif. Hasil penelitian menunjukkan bahwa menurut Ibn Qayyim al-Jauziyyah, konsep talak secara umum ada dua bentuk, yaitu talak dari segi waktu dan dari segi jumlah. Dari segi waktu, talak dilakukan saat isteri suci dan tidak digauli saat suci tersebut. Pengaruh suami yang menceraikan isteri saat haid dan telah digauli, itu diharamkan dan talak tidak jatuh. Dari segi jumlah, hak talak suami hanya ada tiga. Tiga jumlah hak talak tersebut digunakan secara bertahap, tidak bisa digunakan sekaligus. Pengaruh suami yang menceraikan isteri dengan talak dua atau tiga sekaligus, talak yang jatuh hanya dipandang satu kali. Adapun dalil yang digunakan Ibn Qayyim yaitu QS. al-Ṭalāq ayat 1, QS. al-Baqarah ayat 229, QS. al-Baqarah ayat 230, dan QS. al-Nūr ayat 6. Adapun riwayat hadis di antaranya hadis dari Nafi’ riwayat Abī Dāwud, dari Sa’di bin Ibrahim riwayat Muslim, dari Abdullah bin Ali bin Sa’ib riwayat Abī Dāwud, dan dari Ibn Wahab riwayat HR. Nasā’i. Metode yang digunakan Ibn Qayyim yaitu bayanī dan metode istiṣlāḥī. Talak is a law prescribed to one spouse that is no longer likely to foster family relationships well. The chance of this Talak can be chosen by the husband taking into account the ordinances and procedures according to Islamic law. There are some laws that scholars do not mix and differ, especially regarding the concept of Talak seen from the time and number of the allotment. This study has studied Ibn Qayyim's opinion. The issue in the matter is how Ibn Qayyim al-Jauziyyah's view of the concept and influence of the law is seen in terms of time and the number of a bailout, and how the Istinbaṭ method he used. This research includes the research of libraries, the collected data is analyzed in a descriptive-analysis way. The results showed that according to Ibn Qayyim al-Jauziyyah, the concept of Talak, in general, there are two forms, namely Talak in terms of time and in terms of number. In terms of time, the Talak was performed during the Holy Wife and not in the holy moment. The influence of the husband who divorced the wife during menstruation and has been held, it is haraam and the Talak does not fall. In terms of numbers, the right to the husband is only three. The three total rights of the Board are used gradually, not to be used at once. The influence of the husband who divorced the wife with a two or three talak at once, a talak that fell only considered one time. The evidence that Ibn Qayyim used is QS.  al-Ṭalāq verse 1,  Qs. Al-Baqarah verses 229,  Qs. Al-Baqarah verses 230, and  Qs. Al-Nūr verse 6. The history of Hadith includes hadith from  Nafi ' History of Abī Dāwud,  from Sa'di bin Ibrahim  Muslim history, from Abdullah bin Ali bin Sa'ib  abī dāwud history, and Ibn Wahab narrated by the history of the Christian. The method used Ibn Qayyim was bayanī and the method Istiṣlāḥī. 


2019 ◽  
Vol 1 (2) ◽  
pp. 74-86
Author(s):  
Habib Habib Bullah

The emergence of world liberal Muslim thinkers today such as Fazlur Rahman (Pakistan) has become a discourse among observers of Islamic science. Fazlur Rahman is one of the neo-modernist intellectual figures. In terms of religion, he had experienced deep intellectual anxiety. According to him, Muslims have closed the doors of ijtihad, so what happened was extraordinary intellectual stagnation. In the end, Islam became a set of frozen doctrines and it is certainly difficult to appear in giving answers to the problems of the ummah amid the wave of modernity. For this reason, he takes different steps in expressing and formulating the concepts of sunnah and hadith, which is a response and form of criticism of the views of Muslims so far. One of the concepts offered by Fazlur Rahman is related to the hadith and sunnah. He considers that the hadith and sunnah need to be distinguished by a number of reasons stated. According to him the hadith is only a text that is raw or actually comes from the Prophet. Whereas the sunnah is the actualization or interpretation of the hadith text and must be adjusted to the historical setting when it comes to understanding a hadith. This shows that what is written in the hadith is not all said to be sunnah. However, not all sunnah are recorded in the hadith. Therefore, when hadith has been corrupted, since then, the sunnah has not developed. He is attached to the books scheduled. This research uses descriptive-analysis method which contains an analysis of the concept of fazlur rahman about the Sunnah hadith. This research produced a critical view of Fazlur Rahman about the concepts of hadith and sunnah.


Author(s):  
Saleh Alghamdi

Objectives: The use of herbal medicines as non-conventional treatment is popular, especially in developing countries where people suffering from chronic diseases as diabetes mellitus are more likely to use herbal medicines along with conventional medicines. However, their simultaneous use may concur serious drug interactions and may therefore result in a serious outcome. The present study was designed to identify the most commonly used herbal medicines and conventional anti-diabetic medications among Saudi population. Methods: A cross-sectional survey was developed and piloted.Data were retrieved and manually entered in Excel 2016. Frequencies and percentages were utilized to perform descriptive analysis. The study was approved by the Scientific and Research Committee of the main hospital taking part in the study. Results: A total of 347 responses were recorded (69.4% response rate). 54% of participants were male, 53% were between the age of 41 and 64 years, and 35.5% had no formal education. Black tea, Peppermint, ginger, green tea, olive oil, and black seed were among the frequently mentioned herbal medicines. Black tea was used by the majority of patients (80%) while peppermint and ginger were used by more than half of patients, i.e., (56.5%) and (52.7%) respectively. Least common herb used by patients was Artemisia species (2.8%). A majority of patients (53.4%) used traditional medicine at least once daily, and 83% used traditional medicine without their physician's prescription. Conclusion: Concomitant use of herbal and conventional anti-diabetic medication was a common practice among patients in Saudi Arabia, therefore, pharmacists-led educational programs should target both prescribers and general public about the possible interactions/risks of herbal medicines.


2015 ◽  
Vol 10 (4) ◽  
Author(s):  
Timothy Ray Korah ◽  
David Paul Elia Saerang ◽  
Heince Wokas

The largest bank revenue is interest income from credit. In general, bank lending business and one of the most interest product.Therefore the recognition and measurement of the right to credit interest income must be relevant, accurate, and accounted for, so the financial statements truly on the real financial position. The research aims to determine how the accounting treatment of the recognition of interest income on PT.BPR PRISMA DANA is already in appropriate with the applicable accounting standards, The method used in this research is descriptive analysis method. The results of research conducted in PT.BPR PRISMA DANA, showed recognition of loan interest income using the accrual basis or more leads to the realization of the concept.Except for interest income on loans classified as problematic (nonperforming) is recognized when it is received (cash basis). Interest income using the effective interest annuity system is calculated based on the remaining principal.


2017 ◽  
Vol 2 (2) ◽  
Author(s):  
Heri Mulyanto

This research is a case study of retail companies, namely PT. Midi Utama Indonesia Tbk / Alfamidi related ordinances in order to meet the four right purchase is the right price, time, quantity and quality and how to get the optimum model of purchasing goods. The research method in the form of descriptive analysis through questionnaire surveys and interviews with employees of the company that as many as 153 employees with a sample of 111 respondents. Data processed by Multiple Linear Regression Analysis which are of significant value is the standard total purchase the total purchase 0.061 and 0.000, and results of SWOT states need to do a strategy that focuses on process improvement purchases. The results that the process of re-engineering process involves the purchase of goods with the GA department to better ensure the availability of goods to be ordered, so the purchase is really controlled.


2017 ◽  
Vol 6 (4) ◽  
Author(s):  
Rachmawati Putri

Mathematics is an exact science or science of certain knowledge about the logic of the form, order, scale, and concepts that are related to each other. In mathematics teaching, the understanding of the concepts of the essential very important. The understanding of the concepts of the essential that both will make the students put the concepts of the concept in the long-term memory system and can use them to think on a higher level thinking such as problem-solving and creative thinking. The understanding of the concepts of the essential that will aid them in reaching the specified minimum value in formal education. But in fact, many students who are still far from the ideal condition. The understanding of essential concepts in mathematics for material operation count is still low. In addition the number of students who successfully reach and exceed the minimum value formal education less than 70%. This is what causes the number of teachers must perform a remedial learning classical. Not yet on the actual condition, many students who are not able to follow the lessons but can still up the class seems to get "values" mercy from the teachers. If things like this continue to happen, then their understanding will not be formed as a whole to be able to continue teaching on the next material that the fact of the matter is the lesson materials that more complex. The Kumon Method is a unique educational method, which does not generalize the ability of each student. Based on individual guidance and learning at the right level, Kumon wants to develop each child's ability and maximize its potential. Kumon appreciates the value of independent learning.  Thus, individual guidance is one of the basic features of the Kumon Method. The key to an individual guidance is learning at the right level when students can advance independently without being specifically taught. With the Kumon Method, students learn independently from an early age and develop both a high level of academic ability and the ability to learn independently or in  Kumon better known as the  "ability to learn independently". Individual guidance Kumon method allows each student to learn at levels that best suit their academic ability, regardless of age or level of schooling, and to advance beyond the current school levels.


2020 ◽  
Vol 7 (1) ◽  
Author(s):  
I’anatut Thoifah

Abstract. This study aims to determine the pattern of neurology-based learning methods of Al-Qur'an Al-Barqy and wafa as an effort to synchronize these methods with the principles of accelerated learning required in this advancement era. Researchers Use research methods library research or commonly referred to as literature studies by collecting primary and secondary data related to al-Barqy and death methods, then analyzing neurology using descriptive analysis. The results of this study indicate that the method of learning al-Qur'an al-barqy and wafa with its unique characteristics includes functioning of the right and left brain, besides being simple, fun and effective and making it easier for students to remember and recall old memories easily are points. It is important to acceleratinglearning neurology-based with the acrostic mnemonic method, where the language used is the daily language of students such as Ma-Ta-Sa-Ya and A-Da-Ra-Ja.


AL-HUKAMA ◽  
2019 ◽  
Vol 9 (1) ◽  
pp. 231-263
Author(s):  
Wafda Firyal

This article is a library research on the granting of rights to stepmothers in the decision of the Sidoarjo Religious Court Number: 0763/Pdt.G/2018/PA.Sda. The research data are collected using documentation techniques and are analysed using descriptive analysis techniques and using a deductive mindset that is by outlining the decision of the Sidoarjo Religious Court which is then reviewed from the perspective of maslahah mursalah. The panel of judges in determining the right of gift to stepmothers in the Sidoarjo Religious Court's decision, based on article 41 letter (a) of Law Number 1 of 1974 jo. article 105 and article 156 letter (a) Compilation of Islamic Law and the proposition in the book Bajuri juz II. In addition, a willingness from the Defendant who is the biological father of the child to give the right of gift to the Plaintiff's Reconstruction is a point that is included as consideration by the panel of judges. In Islamic law which is examined from the theory of maslahah mursalah, the judge's consideration to establish the right of hadanah to the stepmother in the Sidoarjo Religious Court's ruling is in accordance with the purpose of the hadanah namely to prioritize the interests and benefit of the child so that later he or she can grow into a good person under the care of an appropriate person, even though the child is not a biological child of the Reconvention Plaintiff, the Reconvention Plaintiff is in fact more feasible and competent to have the right of hadanah.


AL-HUKAMA ◽  
2019 ◽  
Vol 9 (2) ◽  
pp. 399-432
Author(s):  
Hanif Nur Pradani

This paper discusses the implementation of marriage with two different contracts and trustees at the Office of Religious Affairs (KUA) in Wonokromo, Surabaya. The data in this article is collected by documentation and interview with the head of KUA of Wonokromo and witnesses to marriage and analyzed using descriptive analysis technique. In the case of this marriage, the first marriage contract uses a nasab guardian because the marriage officer (penghulu) knows his nasab guardian is Muslim. Then the second contract uses the judge guardian because in the bride’s family card, the guardian is Christian. Even though it has been married by a nasab guardian, the head of KUA of Wonokromo listed in the marriage certificate is the judge guardian that the supporting documents in the marriage require the use of a judge’s guardian. This implementation is included in the maslahah mulghah because the use of the contract with the judge guardian is rejected by the proposition that he knew that the nasab guardian was Muslim. This means that if there is a legal guardian who has the right to marry, then the judge guardian does not need to be used.


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