scholarly journals RECONSTRUCTION OF MARRIAGE ZONATION IN ISLAMIC LAW PERSPECTIVE

2019 ◽  
Vol 27 (2) ◽  
pp. 161
Author(s):  
Syariful Alam
Keyword(s):  
Education System ◽  
Islamic Law ◽  
The Public ◽  
Internal Conflicts ◽  
New Students ◽  
The Right

Zoning, a limitation system that is so widely discussed today, focuses initially on the education system in Indonesia, namely on the problem of admission of new students which began in 2017. One of these policy settings is for children to be educated in areas close to residence. This system is often connected by the public with the search for a partner to get married. Based on normative Islamic law research, marriage in Islam does not provide specific restrictions regarding this zoning in finding a partner. However, this zoning can be implicit in the recommendations of marriage in Islam. Bringing up conflict that has become a topic of discussion in many media and communities, which in the end, can create a solution for couples who find it difficult to find a life partner as well as presenting internal conflicts that pertain to the realm of privacy, intersect with the right of humans to freely choose from and where their partners. Regardless of a marriage that leads to the coercion of one partner or coincidence of finding the right partner according to the zoning where the couple lives.

scholarly journals Hak Pemanfaatan Sumber Daya Alam Perspektif ‎Hukum Islam

2016 ◽  
Vol 2 (2) ◽  
pp. 440-471
Author(s):  
Mugiyati Mugiyati
Keyword(s):  
Natural Resources ◽  
General Public ◽  
Islamic Law ◽  
The Public ◽  
Public Property ◽  
Common Ownership ◽  
Rights And Interests ◽  
The Right

Abstract: Islam gives freedom to people to utilize the public natural resources, because everyone has the irtifâq right namely to use immovable good, whether it belongs to an individual or public property. Common ownership is allowed in Islamic law if an object which is intended and used for the public. The principle of freedom granted by Islam for the right holders to use is not without limit, but constrained by accountability and adherence to sharia. The right holders in using theirs’ is to be in line with the principle of maqâshid al-syarî’ah. On the basis of this principle, they are prohibited to use their rights in excess which lead to infringement and damages to the interests of the others as well as the rights and interests of the general public. Of course, this can be jailed (ta’zîr) by the judge.Keywords: Right holder, natural resources, Islamic law. Abstrak: Islam memberikan kebebasan kepada manusia untuk memanfaatkan sumber daya alam yang bersifat publik, karena setiap orang memiliki hak irtifâq yaitu hak pemanfaatan benda tidak bergerak, baik benda itu milik individu atau milik umum”. Kepemilikan umum dimungkinkan dalam hukum Islam jika suatu benda pemanfaatannya diperuntukan bagi masyarakat umum yang mana masing-masing saling membutuhkan. Prinsip kebebasan yang diberikan Islam bagi pemilik hak untuk mempergunakan haknya bukanlah bebas tanpa batas, namun dibatasi oleh pertanggungjawaban dan kepatuhan pada syariah. Pemegang hak dalam menggunakan haknya harus sejalan dengan maqâshid al-syarî’ah. Atas dasar prinsip ini pemilik hak dilarang mempergunakan haknya secara berlebihan yang menimbulkan pelanggaran hak dan kerugian terhadap kepentingan orang lain maupun terhadap hak dan kepentingan masyarakat umum dan dapat dikenai hukuman penjara (ta’zîr) oleh hakim.Kata Kunci: Hak pemanfaatan, sumber daya alam, hukum Islam.

scholarly journals REVISITING THE CONCEPT OF LEGAL GUARANTEE IN ISLAMIC LAW FOR STRUCTURING ISLAMIC FINANCIAL PRODUCTS

2019 ◽  
Vol 7 (2) ◽  
pp. 396-406
Author(s):  
Chaibou Issoufou ◽  
Naziruddin Abdullah
Keyword(s):  
Qualitative Research ◽  
Public Interest ◽  
Research Methodology ◽  
Islamic Law ◽  
Physical Punishment ◽  
Legal Analysis ◽  
The Public ◽  
Financial Products ◽  
Qualitative Research Methodology ◽  
The Right

Purpose of Study: In the modern Islamic financial products and services, legal guarantee is becoming increasing important in the structuring of products, particularly those used in the investments. As a result of the increasing importance of the concept of guarantee, this paper specifically revisits the conceptual analyses of legal guarantee in Islamic law with a view to providing the basis for the use of this concept in structuring relevant Shari‘ah-compliant products. Methodology: The study adopts a comparative legal analysis of the views of classical Muslim jurists. The researchers examine the principles relating to guarantee, such as the meaning of guarantee, its authority, its pillars and conditions. Other principles include modes of guarantee and its objective.  The paper also examines the principles and terms of guarantee necessitates an assessment of the effect of the guarantee contract on the contracting parties, particularly whether the guarantor has the right of recourse to the guaranteed person for a refund. The researchers adopt qualitative research methodology to analyse and examine the data. Results: It was found that although guarantee is permissible in Islamic law, it is not absolute. In fact, to make it more Islamically acceptable or Shari’ah compliant there are other terms and conditions that the contract has to fulfil especially by the guarantor, guaranteed person as well as guaranteed asset. Results: Legal Guarantee is permissible in Islamic law to prevent harm that may happen to the traders and investors, and protect the public interest.  Classical and contemporary Muslim scholars’ views are that guarantee is not limited to guarantee for debt, but extended to the guarantee for other commercial transactions like guarantee of future liability and physical punishment.  Guarantee has its own pillars and conditions, which should be met in order for a guarantee contract to be a valid one. The researchers suggest to conduct empirical research in order to have a clear picture on the concept of legal guarantee for structuring Islamic financial products.

scholarly journals The Mutual Rights and Duties of the Public and the Sovereignty in the Teachings of Nahj Al-balagha

2018 ◽  
Vol 4 (2) ◽  
pp. 185-188
Author(s):  
Hamed Purrostami
Keyword(s):  
Education System ◽  
The Other ◽  
The Public ◽  
Distribution Of Wealth ◽  
Contemporary World ◽  
Other Hand ◽  
The People ◽  
The World ◽  
Fair Distribution ◽  
The Right

Mutual duties and rights between people and sovereignty is one of the strategic and significant issues in the contemporary world. In the Islamic teachings especially Nahjulbalaghah it is not that the right is allocated to the ruler and government and on the other hand people only have duties and responsibilities. Rather the ruler has the significant duties even if he would be innocent. Among the strategic tasks of the ruler and leader are: Benevolence, Fair distribution of wealth and management of education system. These duties are, at the same time, the rights of the people and the ruler. On the other hand, people have duties in front of the Islamic ruler. In other words, these duties are rights of Religious Governance including loyalty to sovereignty, Support and response to demands of authority and etc. It is worthy to mention, the main aim of these rights and duties has been devised to provide the felicitous life for people in the world and hereafter.

The Right to Higher Education and the Problem of Unequal Benefits

2021 ◽  
pp. 155-186
Author(s):  
Christopher Martin
Keyword(s):  
Higher Education ◽  
Education System ◽  
Public Funding ◽  
Special Significance ◽  
Moral Intuitions ◽  
The Public ◽  
Primary Good ◽  
The Right

This chapter turns to the question of who should pay for an education system founded on the right to higher education. First, it explains how moral intuitions about fair funding can challenge the claim that higher education should be allocated as an entitlement or primary good. Second, its show how these intuitions are conventionally justified in terms of a distribution’s effects on socioeconomic equality. Third, it argues that there are also liberty-based reasons for the public to fund higher education. Finally, it shows why these liberty-based reasons take on a special significance in the context of the right to higher education, warranting full public funding so long as two other distributive conditions (non-exclusivity and support for diverse conceptions of the good) are satisfied.

scholarly journals Graduate Employment in Vietnam

2019 ◽  
pp. 22-23 ◽  
Author(s):  
Linh Tong
Keyword(s):  
Ministry Of Education ◽  
The Public ◽  
Graduate Employment ◽  
Accreditation Agency ◽  
Vietnamese Higher Education ◽  
New Students ◽  
Employment Rates ◽  
The Right ◽  
And Training ◽  
Voluntary Cooperation

As of 2018, it is mandatory for Vietnamese higher education institutions (HEIs) to publish the employment rates of their graduates. Failure to comply with this regulation will automatically disqualify accredited HEIs from the right to recruit new students. So far, less than 5 percent of Vietnamese HEIs have published employment rates for their alumni and there is a lot of criticism and suspicion from the public toward the reliability of these statistics. The ministry of education and training should either conduct a national employability survey or establish an accreditation agency to monitor the surveying process, rather than leaving this task to voluntary cooperation from universities.

scholarly journals MAKSIMALISASI POTENSI ZAKAT MELALUI PENINGKATAN KESADARAN MASYARAKAT

2018 ◽  
Vol 3 (2) ◽  
pp. 185
Author(s):  
SITI NURHASANAH ◽  
SURYANI SURYANI
Keyword(s):  
Qualitative Research ◽  
Research Methods ◽  
Research Method ◽  
Islamic Law ◽  
The Public ◽  
The People ◽  
Poor Families ◽  
The Government ◽  
The Right ◽  
To Receive

The theme of the article is: zakat management. The purpose of the article is: to examine the potential of zakat to overcome poverty. The research method used in this research is qualitative research methods. Zakat is a property that must be issued by a Muslim to give to those who have the right to receive it in accordance with Islamic law. The analysis shows that zakat can reduce the number of poor families from 84% to 74%. This shows the extraordinary potential of zakat which can prosper the people. Therefore the people need to be made aware of the importance of fulfilling the obligation of zakat. This awareness can be through socialization and education to the public related to the law, the wisdom of zakat, the assets of the zakat object as well as the procedures for calculation, and the relation between zakat and taxes. This is the duty of the government and the community to continue to campaign for zakat.

scholarly journals Las percepciones sobre la educación en un sistema excluyente: un amor no del todo correspondido

2018 ◽  
pp. 43
Author(s):  
Judith Zubieta García
Keyword(s):  
Education System ◽  
National Education ◽  
The Public ◽  
Factors Associated ◽  
Multiple Factors ◽  
Public Purse ◽  
National Education System ◽  
The Government ◽  
The Right

El sector educativo mexicano ha recibido grandes aportaciones delerario público y ha merecido destacadas menciones en los planes nacionales dedesarrollo elaborados por las administraciones federales en turno. Sus resultados,sin embargo, siguen siendo cuestionados no sólo porque no se ha podido garantizarel derecho de todos los mexicanos a la educación, sino también porque la calidadde los servicios que ofrece ha sido deficiente. Se parte del análisis de lasgrandes inequidades educativas que prevalecen en el país y éstas se contrastan conel alto valor que la población sigue atribuyendo a la educación. Además de presentarla complejidad de la evaluación de la calidad educativa y de reconocer que sonmúltiples los factores asociados a la exclusión, llama la atención que la percepcióngeneral de la población sobre la educación sea tan positiva, aunque se reconozcanalgunas fallas en el funcionamiento del Sistema Educativo Nacional. Ante laproximidad de un cambio de gobierno federal, el texto propone algunas consideracionespara el diseño de nuevas políticas educativas.The Mexican educational sector has received large contributionsfrom the public purse and has earned prominent mentions in national developmentplans drawn up by federal authorities. Its results are nonetheless being contestednot only because it has not been able to guarantee the right of all Mexicans to education,but also because the quality of the services offered is questionable. Thispaper contrasts major educational inequities prevailing in the country with thehigh value that the population still attributes to education. While recognizing thatthere are multiple factors associated to educational exclusion and the quality ofeducation, it is striking that the general perception of the population regardingeducation is positive, even though some faults are acknowledged in the operationof the National Education System. Due to the proximity of a change in the Government,the paper elaborates some considerations for the design of new educationalpolicies.

scholarly journals Flexibility in the Implementation of Islamic Criminal Law in Modern Islamic Society in the Light of Qur’ān and Sunnah

2021 ◽  
Vol 11 (1) ◽  
pp. 396-410
Author(s):  
Muhammad Afzal ◽  
Muhammad Khubaib
Keyword(s):  
Criminal Law ◽  
Islamic Law ◽  
Modern Society ◽  
Way Of Life ◽  
The Public ◽  
Causes Of Crime ◽  
The Right ◽  
Islamic Society ◽  
Proper Consideration ◽  
Natural Way

Islam holds the balance of justice in the right manner and insists on examining all the conditions and circumstances associated with the offence because Islam is the most natural way of life on account of its suitability, sustainability and flexibility towards human nature. No other legal system in the world has been created for the public interest, the way the Islamic law has been created. This paper focuses upon the flexibility in the implementation of Islamic criminal law (Hudood) in modern society. Islam has made laws that aim to eliminate the causes of crime and not to antagonize the criminal. Sharia imposes preventive punishments which may appear cruel or rough if gazed at without proper consideration. But if contemplated closely, Islam does not execute such punishments unless it discovers that the crime was not justifiable or that the criminal was not acting under any obligation or certain circumstances. The Holy Prophet (SAW) was very careful in the establishment of Hudood because not all crimes were of the same nature and therefore, the same punishments could not be enforced for them. Hence, while applying punishments to crimes; the Holy Prophet (SAW) took into consideration the nationality, personal situations, financial stature and status of the criminal. Thus the Hudood of Allah would be established and the criminal would still have a path to correct him/her and seek forgiveness.

scholarly journals THE PROTECTION OF ISLAM FROM RELIGIOUS INSULT IN THE CONTEXT OF FREEDOM OF EXPRESSION

2017 ◽  
Vol 5 (2) ◽  
pp. 1-23
Author(s):  
Adzidah Yaakob ◽  
‘Ainun Syafiqah Rajuddin
Keyword(s):  
Islamic Law ◽  
Freedom Of Expression ◽  
Legal Protection ◽  
Public Order ◽  
Human Right ◽  
The Public ◽  
The World ◽  
International Human ◽  
The Right

The purpose of this study is to examine the nature of freedom of expression from three perspectives of laws, namely, international human right law, Malaysian law as well as Islamic law, and its relation in protecting religion of Islam from religious insult. The study argues that there ought to be a legal protection equipped to religion in order to protect religion from being insulted and indirectly to maintain the peace and the public order in the world. The protection cannot be viewed as violation to the freedom of expression but it shall be viewed as one of restrictions to the freedom of expression because no right or freedom is absolute. The findings indicate that the protection to religion from religious insult has never been regarded as a necessary because it clashes with the freedom of expression. Lastly, the study concludes with recommendations on how to strike a balance between the freedom of expression and the right to have religion to be protected as well as a proposal to develop an international anti-blasphemy law protecting all religions and beliefs. By implementing these methods, religion of Islam can be protected from religious insult and peoples can no longer invoke their freedom of expression as an excuse.

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