scholarly journals KONTRIBUSI IBN ‘ĀSYŪR DALAM KAJIAN MAQĀSID AL-SYARĪ’AH

2016 ◽  
Vol 15 (2) ◽  
pp. 285
Author(s):  
Safriadi Safriadi
Keyword(s):  
Future Development ◽  
Human Relationship ◽  
Legal Entity ◽  
Unique Character ◽  
The Future ◽  
The Law ◽  
The Times ◽  
Important Position ◽  
Epistemological Framework

This study aims to understand the contribution of Ibn 'Ashur in the development of maqāsid al-syarī‘ah. This study uses normative method. The results showed that the contribution of Ibn 'Ashur on maqāsid al-syarī‘ah is divided into three categories, namely: the establishment of the legal entity of maqāsid; the formulation of maqāsid urgency implementation; and the division of the maqāsid al-shari'a into maqāsid al-'ammah, and maqāsid al-kha̅shshah. The first is about the legality of the law of maqāsid, that Allah, as the owner of sharī'ah, is impossible to bestow sharī'ah upon humankind without being accompanied by a noble purpose and wisdom. It is implicitly described in the verses of the holy Qur'an as mentioned in Sūrah al-Dukhān, verses: 38-39, Sūrah al-Mu’minūn, verse: 115, Sūrah al-Ḥadīd verse: 25, Sūrah ‘Alī ‘Imrān verse: 19. On maqāṣid al-'ammah, Ibn 'Asyūr confirms the important position of universality in sharī’a complexity. According to him, universality is one of the unique character of Islamic Sharī'ah, which is adjustable to the the future development of the times. The concept of maqāṣid al-'āmmah is jalb al-maṣa̅liḥ, wa dar’ al-mafa̅sid and taysīr wa raf' al-ḥarj. In this regard, he formulated four epistemological framework on al-Maqasid epistemology, namely: nature, tolerance (al-ṣama̅ḥah), equation (al-musāwah), freedom (al-Hurriyyah). On Maqasid al-kha̅ṣṣah, Ibn 'Ashur implemented the principle of Maqasid al-'amma. This is stipulated in various aspects, for example in worship, human relationship (muamalat), and others.

The Nature of the Re Hastings-Bass Duty

2015 ◽  
Author(s):  
Michael Ashdown
Keyword(s):  
Supreme Court ◽  
Future Development ◽  
The Supreme Court ◽  
The Future ◽  
The Law ◽  
Matters Of Concern ◽  
Court Of Appeal ◽  
Relevant Consideration ◽  
Two Alternatives

Lord Walker’s analysis in Pitt v Holt in the Supreme Court accords in all essential respects with the reasons put forward in Chapter 3 to prefer a duty (‘weak’) rather than results-oriented (‘strong’) account of the Re Hastings-Bass rule, as does the approach adopted by Lloyd LJ in the Court of Appeal, which Lord Walker expressly endorses. Yet Lord Walker’s judgment does not yet provide a wholly comprehensive basis for the future development of the law. There remain a number of loose ends, arising predominantly from issues not specifically before the court in Pitt, but which have been matters of concern in earlier Re Hastings-Bass cases, including: how a ‘relevant consideration’ is defined; the significance of establishing that the trustees ‘would’ or ‘might’ have acted differently, in view of Lord Walker’s refusal to choose between these two alternatives; the specific problems arising from the use of professional advisers, and in cases concerning tax liability and pension trusts. These matters are addressed in detail in chapters 5 to 8. But in order to do this it is first necessary to clarify the juridical nature of the ‘duty of consideration’ upon which Lord Walker’s analysis depends.

scholarly journals Developmental Direction of South Korean Casino Market

2015 ◽  
Vol 2 (2) ◽  
pp. 1 ◽  
Author(s):  
Hyungsok Kim ◽  
Minwan Kang
Keyword(s):  
Economic Growth ◽  
Future Development ◽  
Turning Point ◽  
Foreign Capital ◽  
Current Situation ◽  
Tourism Industry ◽  
South Korean ◽  
Sensitive Issue ◽  
The Future ◽  
The Law

<p class="2M-body">Korean casino market is currently in a new turning point and plans to expand more casinos in addition to the 17 casinos and talks about development of the tourism industry through massive investment of foreign capital. Casino market is such a sensitive issue in our country and except for Kang-won Land, all casinos are exclusively for foreigners. However, foreign capital has announced plans to invest substantial capital in terms of allowing locals to enter casino as well. Under these circumstances, Kang-won Land Casino is strongly claiming that allowing locals to casino is illegal under the law, but certain regions confront that amending the law on the investment is necessary for economic growth to attract more casinos. In this study, we grasp the current situation and its development of casino in Korea and set a direction for the future development of casino</p>

scholarly journals The Federal Law «On Librarianship»: the Results of 20 Year-Long Work

2014 ◽  
pp. 20-28
Author(s):  
N. A. Sakharov
Keyword(s):  
Comparative Analysis ◽  
Future Development ◽  
Federal Law ◽  
The Future ◽  
20Th Anniversary ◽  
The Law

There is retrospectively assessed the Federal law "On Librarianship" in connection with 20th anniversary of its enactment. There is given the comparative analysis of the basic Federal law and the preceding library legislation in our country. There is described significance of the law and its role in the future development of the Russian libraries.

scholarly journals PENETAPAN `ILLAT AL-HUKM MELALUI AL-MANÂTH DALAM QIYÂS

2015 ◽  
Vol 10 (1) ◽  
pp. 24-40
Author(s):  
Fahruddin Ali Sabri
Keyword(s):  
The Other ◽  
Legal Decision ◽  
Other Hand ◽  
The Future ◽  
The Law ◽  
Important Position

One method of legal istinbâth agreed upon by the ushul fiqh scholars is al-qiyâs. In al-qiyâs was appeared some serious problems dealing with the search for al-'illat. Al-'illat as one of the obligation of al-qiyâs occupies the most important position, so that the method of al-qiyâs can be applied in the future correctly, and will give legal decision correctly. In searching for al-'illat, the ushul fiqh scholars use logic of linguistic typically in the search for truth, the other hand they also must be able to impulse, imagination, and creativity in decide on a case, and they are no longer so glued rigidly to the al-qath'iyyah al-dalâlah. One way to look for al-'illat is al-manâth, which divided into three parts, namely tanqîh al-manâth, tahqîq al-manâth, and takhrîj al-manâth. Searching for the truth of qiyâs method stresses on logical translation that sometimes mix with intuition, imagination and creativity. Therefore, qiyâs can go down to the law problems related to the people’s attitude deeper. While al-manath is one of the methods to look for al-illat where the ulama ushul fiqh draw their intuition, imagination, and creations to solve some problems, and they are not too stiff to qath’î theoremsCopyright (c) 2015 by Al-Ihkam. All right reserved DOI : 10.19105/al-ihkam.v10i1.587 

scholarly journals "SOIL" OF MODERN CHINESE LANDSCAPE PAINTING—ANALYSIS OF RACE, ENVIRONMENT AND THE TIMES

2021 ◽  
Author(s):  
YI-FAN DU
Keyword(s):  
Future Development ◽  
Landscape Painting ◽  
Spiritual Civilization ◽  
Modern Chinese ◽  
Painting Analysis ◽  
The Future ◽  
The Times ◽  
Chinese Landscape Painting

As we all know, material civilization and spiritual civilization depend on three factors: race, environment, and times. [1] As a kind of culture, modern Chinese landscape painting has undergone new changes, mainly because the "soil" and "climate" on which it depends for survival have changed. In order to clarify how the changes of modern Chinese landscape painting in recent years are affected by three factors, this article will take the modern Chinese landscape painting as the research object, and study its influence on modern Chinese landscape painting from three aspects: race, environment, and times. The author hopes that this article can provide a reference for the future development of Chinese landscape painting.

scholarly journals REANALYSING INSTITUTIONAL AND REMEDIAL CONSTRUCTIVE TRUSTS

2016 ◽  
Vol 75 (3) ◽  
pp. 528-549
Author(s):  
Ying Khai Liew
Keyword(s):  
Future Development ◽  
Judicial Discretion ◽  
The Future ◽  
English Law ◽  
The Law ◽  
Exercise Of Discretion

AbstractIt is often said that English law does not impose “remedial” constructive trusts because it is manifestly inappropriate and fundamentally unjustified to impose trusts through the exercise of judicial discretion and with retrospective effect. This paper observes the definitional deficiencies in this understanding, and reanalyses constructive trusts in terms of the rights which they give effect to. This understanding reveals that English law sets its face against the exercise of discretion in relation only to some “remedial” constructive trusts and not others, and that the perceived difficulties with remedial constructive trusts are often exaggerated. It ends by noting some crucial implications of the re-analysis for the future development of the law.

Restrictions on Assignment of Commercial Leases: A Comparative Perspective

2006 ◽  
Vol 35 (2) ◽  
pp. 93-120
Author(s):  
Letitia Crabb
Keyword(s):  
Future Development ◽  
Common Law ◽  
Comparative Perspective ◽  
Legal Advice ◽  
The Us ◽  
The Future ◽  
The Law

The operation of restrictions on the assignment of commercial leases is examined in a number of common law jurisdictions to ascertain whether lessons can be learned to inform the future development of the law. It is concluded that while absolute restrictions have a useful role to play, there is a case for banning them in sectors of the market where tenants lack adequate legal advice. Drawing on the US experience, it is considered that qualified restrictions have little to commend them. In relation to fully qualified restrictions, it is submitted that the ‘reasonableness' standard needs to be rebalanced in favour of tenants. Even if that were to be achieved however, vulnerable tenants would still need protection from sophisticated drafting mechanisms adverse to their interests. A special statutory regime for small commercial tenants is recommended.

Neo-Confucian Religiousness Vis-à-Vis Neo-Orthodox Protestantism

2014 ◽  
Vol 41 (5) ◽  
pp. 609-631
Author(s):  
Ping-Cheung Lo
Keyword(s):  
Human Nature ◽  
Future Development ◽  
Christian Theology ◽  
Human Relationship ◽  
Liberal Theology ◽  
Mou Zongsan ◽  
The Future ◽  
Deja Vu ◽  
Religious Thoughts ◽  
Déjà Vu

Contemporary Neo-Confucianism, as represented by Tang Junyi, Mou Zongsan and Tu Wei-ming, has a definite religiosity. They consciously draw a parallel between the Christian God-human relationship and Confucian Heaven-human relationship, and argue for the superiority of the latter. They characterize the Christian God as “pure transcendence”; in contrast, they embrace immanentism of the Heaven and assert the divinity of human nature. This article argues that these Confucian thinkers have a very distorted understanding of classical Christian theology. They cherry-pick some statements from the Neo-Orthodox theologians (such as God as Wholly Other), charge this God for its remoteness from us, and happily ascribe divinity to human nature. They are totally unaware that their immanentism is déjà vu to the Neo- Orthodox theological movement. The religious thoughts of Tang, Mou, and Tu, though in different degrees, resemble German liberal theology in many crucial ways, against which Barth, Brunner, and Bultmann (with the assistance of Otto and Buber) have successfully revolted. Instead of using Neo-Orthodox theologians as a foil, the future development of Neo-Confucian religiousness has much to learn from this theological movement.

Obecny stan badań nad Zagładą na Ukrainie

2014 ◽  
pp. 889-915
Author(s):  
Anna Abakunkova
Keyword(s):  
Future Development ◽  
The State ◽  
Significant Part ◽  
Educational Organizations ◽  
Major Research ◽  
Holocaust Studies ◽  
The Holocaust ◽  
The Future

The article examines the state of the Holocaust historiography in Ukraine for the period of 2010 – beginning of 2014. The review analyzes activities of major research and educational organizations in Ukraine which have significant part of projects devoted to the Holocaust; main publications and discussions on the Holocaust in Ukraine, including publications of Ukrainian authors in academic European and American journals. The article illustrates contemporary tendencies and conditions of the Holocaust Studies in Ukraine, defines major problems and shows perspectives of the future development of the Holocaust historiography in Ukraine.

Sign in / Sign up

Export Citation Format

Share Document