scholarly journals PENYELESAIAN SENGKETA PERBANKAN SYARIAH (Kritik atas Contradictio in Terminis Pasal 55 Undang-undang no. 21 Tahun 2008 Tentang Perbankan Syariah)

2016 ◽  
Vol 1 (2) ◽  
pp. 15 ◽  
Author(s):  
Thalis Noor Cahyadi
Keyword(s):  
World Society ◽  
Integrated System ◽  
Islamic Banking ◽  
Interesting Phenomenon ◽  
The World ◽  
The Will ◽  
The Law

<p>The developing of Islamic banking is an interesting phenomenon in the world society, especially in the Moslem countries. Indonesia as the biggest Moslem country has magnitude potential to develop and innovate in the integrated system especially through creating regulations and laws. However, in the process lot of problems arise, particularly in the matter of dispute resolve. The law of religious court states that the dispute of Islamic banking under its authority. But the law of sharia banking states that there is option to solve the dispute. It can be through the religious court or through the general court. It depends on the will of the parties. This article will explore about <em>contradiction in terminis</em> in the law of sharia banking.</p><em>Keyword</em>: sengketa, kewenangan, regulasi, penyelesaian, pertentangan, kontradiksi

New and not so new strategies in promoting integrity with particular reference to Africa

2018 ◽  
pp. 38-74
Author(s):  
Barry Rider
Keyword(s):  
World Economy ◽  
Intelligence Community ◽  
Generational Change ◽  
Post Colonial ◽  
Self Interest ◽  
The World ◽  
The Will ◽  
The Law ◽  
Financial Intelligence ◽  
New Strategies

This article is focused on exploration not merely proposed developments in and refinements of the law and its administration, but the very significant role that financial intelligence can and should play in protecting our societies. It is the contention of the author that the intelligence community at large and in particular financial intelligence units have an important role to play in protecting our economies and ensuring confidence is maintained in our financial institutions and markets. In this article the author considers a number of issues pertinent to the advancement of integrity and in particular the interdiction of corruption to some degree from the perspective of Africa. The potential for Africa as a player in the world economy is enormous. So far, the ambiguous inheritance of rapacious empires and the turmoil of self-dealing elites in post-colonial times has successfully obscured and undermined this potential. Indeed, such has been the mismanagement, selfishness and importuning that many have grave doubts as to the ability of many states to achieve an ordered transition to what they could and should be. South Africa is perhaps the best example of a society that while avoiding the catastrophe that its recent past predicted, remains racked by corruption and mismanagement. That there is the will in many parts of the continent to further stability and security by addressing the cancer of corruption, the reality is that few have remained or been allowed to remain steadfast in their mission and all have been frustrated by political self-interest and lack of resources. The key might be education and inter-generational change as it has been in other parts of the world, but only an optimist would see this coming any time soon – there is too much vested interest inside and outside Africa in keeping things much as they are! The author focuses not so much on attempting to perfect the letter of the law, but rather on improving the ways in which we administer it.

scholarly journals ISLAMIC BANKING IN INDIA: AN ALTERNATIVE BANKING SYSTEM

2015 ◽  
Vol 3 (12) ◽  
pp. 171-180
Author(s):  
Upasana Dhanda ◽  
Monika Sehrawat
Keyword(s):  
Swot Analysis ◽  
Banking System ◽  
Point Of View ◽  
Islamic Banking ◽  
Successful Implementation ◽  
Annual Growth Rate ◽  
Economic Point ◽  
The World ◽  
Pros And Cons ◽  
The Law

The Banking system in India and all over the world is based on the interest system. Interest bearing money is almost like the law of nature where money generates money. However, an alternative banking system called Islamic banking which prohibits charging of interest and is based on profit/loss sharing system became popular in many countries. Global Islamic banking assets attained compounded annual growth rate (CAGR) of around 17% from 2009 to 2013 according to the World Islamic Banking Competitiveness Report 2014-2015. The Indian Banking system has undergone many changes in the recent past with deregulation of banking system paving way for new banks in India. However, Islamic banking which has emerged as a global phenomenon lately has not evolved as a full-fledged system in India though is it operative through the NBFC route. The research paper tries to explain the concept of Islamic banking and discusses the various financial products offered by the Islamic banks. It weighs the various pros and cons of Islamic banking in India. SWOT analysis and Porter’s Five Forces Model are used to provide a thorough analysis of feasibility and scope of Islamic banking in India. The paper reveals that India has a great potential for Islamic banking provided necessary changes in the regulations and guidelines are made to evolve it has an alternative system of banking. The law makers should view it from  an economic point of view rather than a religious view for its successful implementation and  for the welfare and upliftment of financially excluded sections of society that do not participate in conventional banking due to their religious beliefs.

scholarly journals Peculiarities of traditional pilgrimage in judaism

2021 ◽  
Vol 66 (1) ◽  
pp. 16-22
Author(s):  
D. M. Zaitsev
Keyword(s):  
Religious Life ◽  
Cultural Factors ◽  
Sacred Places ◽  
Jerusalem Temple ◽  
Spiritual Civilization ◽  
The World ◽  
The Will ◽  
The Law ◽  
Religious Objects

The article considers the pilgrimage in Judaism as an important part of the religious life of the Jews. The questions of the origin and development of this phenomenon are analyzed. Numerous examples show the diversity and importance of pilgrimage in Judaism. It is noted that the activities and heritage of pilgrims are a significant material for studying the culture of this spiritual civilization. The most visited religious objects are singled out: first of all, the Jerusalem Temple, sacred places, burials of the Prophets, graves of the experts of the Law. For millions of Jews, a reverent attitude to the object of worship serves the fulfillment of the will of the Creator. The purpose of the study is to reveal the peculiarities of pilgrimage in Judaism, to show the influence of historical, geographical, cultural factors on their formation. This work can be useful for solving pressing problems of interaction with representatives of the world of Jewish civilization, which significantly influenced the formation and development of Christianity and Islam.

scholarly journals How To Deal With Unjust Laws: Justifiability Of Civil Disobedience

2020 ◽  
Vol 9 (1) ◽  
pp. 75-85
Author(s):  
Fatma Alakbarova
Keyword(s):  
Social Choice ◽  
Present Article ◽  
Political System ◽  
Civil Disobedience ◽  
World Society ◽  
Legal Change ◽  
The World ◽  
Great Relevance ◽  
Political Category ◽  
The Law

AbstractThe issue of active protests against the injustice of the law aimed at bringing about a change in that conduct is of great relevance for members of the world society. There is no escape from admitting the fact that even the most perfect political system may and will from time to time produce unjust laws. What is as yet unclear is the principles of justification in favour of a civil disobedient who commits an open breach of that laws. The present article defines the features that make an act of civil disobedience something more than a simple breach of a law. The purpose of this article is to justify civil disobedience as a unique political category, which makes social choice and legal change possible.

scholarly journals Contextualization of Maslahah Jasser Auda’s Thought in Islamic Economy

2021 ◽  
Vol 4 (1) ◽  
pp. 132-155
Author(s):  
Achmad Fageh
Keyword(s):  
Islamic Banking ◽  
Economic Sector ◽  
Moral Concept ◽  
The World ◽  
The Law ◽  
Economic Interactions

The Division of Maslahah can be deduced into five kinds, namely; (1) based on the purpose of the day/Time, (2) based on the level of necessity, (3) based on its coverage (range), (4) based on the presence or absence of changes and (5) based on the presence or absence of the Shariah in the assignment. Maslahah based on the purpose of his day divided into two levels, namely;  Maslahah the world and the Hereafter." Maslahah the world is the obligation or rule of Shara ' related to the laws of Muamalah instead (social and economic interactions). While Maslahah Hereafter is the obligation or restriction of Shara' about the rules of Aqidah (Tauhid) and Worship. Yasser Auda divided the Maslahah on the aspect of the need into three categories: (a) Maslahah al-Dlaruriyyah (primary benefit), (b) Maslahah al-Hajiyyah (secondary benefit) and (c) Maslahah al-Tahsiniyyah (benefit Tertiary). The concept of Maqasid offered by Auda is identical with Maslahah and the view of the Ulama about Maslahah and all type. Jasser Auda defines maqāṣīd in four meanings, first, the wisdom behind a law. Second, a good end goal that the Law was trying to achieve. Third, the divine purpose group and the moral concept are the basis of Law. Fourth, maṣālih. In the maqāṣīd idea offered by Auda, values and humanitarian principles are the most important. Auda also tried to reconstruct the old maqāṣīd concept, which is protection and preservation in the direction of the maqāṣīd theory, which refers to development and rights. The implications of the application of maqāṣid al-sharī’ah. Using the maṣlaḥah instrument in the context of the Islamic economy in Indonesia are used to fulfil the needs of sharia policies in the economic sector which do not only revolve around Islamic banking matters.

scholarly journals SISTEM PERADILAN ISLAM

2019 ◽  
Vol 5 (1) ◽  
pp. 90-103
Author(s):  
Hendra Gunawan
Keyword(s):  
Banking System ◽  
Islamic Banking ◽  
The People ◽  
Administration Of Justice ◽  
The Will ◽  
The Law

Today, Islam is not sufficiently known as iqtisad (the Islamic banking system) which is now quite the belle of this beloved pancasila earth, but along with that Islam is also known as the administration of justice and its ability to protect people's rights which is then called the sharia court. The person most responsible for implementing this Islamic court is the caliph and qadhi (judge). The Caliph carries out Islamic laws and applies them to all the people while the judge takes Islamic decisions based on the Qur'an and the Sunnah. Because in the teachings of Islam do not submit the determination of justice to the will on the basis of human taste but the authority to make the law is only Allah SWT, the Creator of man and the All-Knowing about the human self

Francis Lieber —His Life and His Work: Part I

1911 ◽  
Vol 5 (1) ◽  
pp. 84-117 ◽  
Author(s):  
Ernest Nys
Keyword(s):  
Executive Power ◽  
Business Organizations ◽  
Conflict Of Laws ◽  
The Earth ◽  
Law Of Nations ◽  
The World ◽  
The Will ◽  
The Subject ◽  
The Law

As a characteristic of contemporary civilization, history will doubtless point to the unceasing effort to establish on a solid basis the juridical organization of the world. The essential requisites are already at hand. Facility of communication, suppression of distances, the fact that the different regions are in constant communication, all of these things greatly facilitate the work. There are no longer undiscovered lands, or inaccessible countries. In the commercial and industrial world business organizations embrace all the nations of the earth. In the intellectual domain, an irresistible international movement has succeeded the narrow conceptions heretofore existing. It is especially in the domain of law that such manifestations have been shown and are still shown with an ever-increasing intensity. In the vast subject of the conflict of laws, an effort is being made to obtain uniform rules; in the subject of the law of nations not only have numerous conventions been concluded, some of which number as contracting parties practically all the states; but the application of justice has been organized, and, already, has gone beyond the phase of arbitration; there exists a true judicial court, a court which declares and decides law in its own right instead of depending upon the will of those amenable to its jurisdiction. Everything indicates that the time is close at hand when a legislative and an executive power will be established over the nations; at any rate, no one nowadays thinks of pronouncing such institutions impossible and fit to be classed with unrealizable dreams.

Without the Power to Drink or Contract

2020 ◽  
Vol 24 (1) ◽  
pp. 26-48
Author(s):  
Warren Swain
Keyword(s):  
Alcohol Consumption ◽  
Social Activity ◽  
Individual Responsibility ◽  
Roman Law ◽  
Current Position ◽  
Modern Times ◽  
The Will ◽  
The Subject ◽  
The Law ◽  
Over Time

Intoxication as a ground to set aside a contract is not something that has proved to be easy for the law to regulate. This is perhaps not very surprising. Intoxication is a temporary condition of varying degrees of magnitude. Its presence does however raise questions of contractual autonomy and individual responsibility. Alcohol consumption is a common social activity and perceptions of intoxication and especially alcoholism have changed over time. Roman law is surprisingly quiet on the subject. In modern times the rules about intoxicated contracting in Scottish and English law is very similar. Rather more interestingly the law in these two jurisdictions has reached the current position in slightly different ways. This history can be traced through English Equity, the works of the Scottish Institutional writers, the rise of the Will Theory, and all leavened with a dose of judicial pragmatism.

The New Terrain of International Law

2014 ◽  
Author(s):  
Karen J. Alter
Keyword(s):  
International Law ◽  
Case Studies ◽  
Domestic Politics ◽  
Political Influence ◽  
The Political ◽  
International Courts ◽  
Constitutional Review ◽  
Delegation Of Authority ◽  
The World ◽  
The Law

In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. This book charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The book presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, the book argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. The book explains how this limited power—the power to speak the law—translates into political influence, and it considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.

Pembagian Harta Waris dalam Tradisi Masyarakat Muslim di Gorontalo

2019 ◽  
Vol 13 (2) ◽  
pp. 187-202
Author(s):  
Hamid Pongoliu
Keyword(s):  
Islamic Law ◽  
Sharia Law ◽  
The Will ◽  
The Law

Gorontalo has a customary principle derived from sharia law, and the sharia law is sourced from the Qur'an, hadith, ijmak and qiyas (adati-hula'a to syara'a, syara'a hula'a to Kitabi), which should reflect the existence of the implementation of the distribution of inheritance in Islam in the Gorontalo community. This customary principle can be a source of law if it is a rational act, not immorality, done always repeatedly, does not bring harm and does not conflict with the law of sharak. But in reality there is the implementation of inheritance that violates Islamic law, namely the distribution by way of deliberation, the determination of the amount of heirs equally, the delay in the distribution of inheritance, wills with houses given to girls, wills not to distribute inheritance, distribution of assets it depends on the will of the heir and the delay in the distribution of inheritance on the grounds that one of the parents is still alive. The distribution by deliberation and determination of the amount of the portion for each heir are equally acceptable as long as they follow the guidelines of the Compilation of Islamic Law article 183 and the concept of takharruj which was previously preceded by the Shari'a division. After the heirs know the size of the portion, then they may agree to share it in their own way or leave the inheritance according to Shari'a and agree to give to each other with other heirs.

Sign in / Sign up

Export Citation Format

Share Document