scholarly journals THE COMPARATIVE STUDY OF DOWRY REGULATIONS IN INDONESIA AND MOROCCO LEGISLATIONS

2021 ◽  
Vol 29 (2) ◽  
pp. 207-232
Author(s):  
Ali Trigiyatno

This article compares dowry regulations in Indonesia and Morocco. Bearing in mind that Indonesia and Morocco have different characteristics in dowry matter, the regulations are worth comparing for. As understood in Islamic marriages, dowry is an important obligation and must be fulfilled by the bridegroom for the bride. Normative Islamic teaching advocates for dowry that is simple and reasonable, but in practice, sometimes dowry becomes expensive and difficult to be given, and thus, causing unfavorable effects. In addition, dowry also has the potentials to be subjected to disputes between husband and wife if not regulated by legislation in details. The author uses a comparative study of law guided by a normative approach through library research. The main source is the statutes of two countries. Analysis technique used is content analysis. As a result, it is found that with different backgrounds of fiqh school in Indonesia and Morroco-one being strongly influenced by Shāfi‘ī school and the other is influenced by Mālikī school-have similar rules on dowry. The only significant difference is that the Mālikī School and its legislation in Morocco considers dowry as a marriage pillar. Meanwhile, the Shāfi‘ī school and its legislation in Indonesia, even though the dowry is regarded as compulsory, it does not become a condition or a marriage pillar. Other differences are the definition of dowry, regulation of wife’s luggage, lost dowry, defective dowry, introduction of mithil dowry, regulation of dowry disputes before entering the household, and regulation of furniture disputes other than the wife’s luggage.

2017 ◽  
Vol 21 (3) ◽  
pp. 208-223
Author(s):  
Byung Mun Lee

Purpose The purpose of this paper is to describe and analyze the rules on the formation of contracts under Korean law and the Contracts for the International Sale of Goods (CISG) in a comparative way and introduce the relevant proposed rules under the Amendment Draft of the Korean Civil Code (KCC). In addition, it attempts to compare and evaluate them in light of the discipline of comparative law. Design/methodology/approach In order to achieve the purposes of the study, it executes a comparative study of the rules as to the formation of contracts of the CISG, Korean law and the Amendment Draft of the KCC. The basic question for this comparative study is placed on whether a solution from one jurisdiction is more logical than the others and to what extent each jurisdiction has responded to protect the reasonable expectations of the parties in the rules as to the formation of contracts. Findings The comparative study finds that most of the rules under the CISG are quite plausible and logical and they are more or less well reflected in the proposals advanced by the KCC amendment committee. On the other hand, the other rules under the CISG which have brought criticisms in terms of their complexity and inconsistent case law invite us their revision or consistent interpretation. The drawbacks of the CISG have also been well responded in the Amendment Draft of the KCC. Nevertheless, it is quite unfortunate that the Amendment Draft of the KCC still has a rule that regards any purported performance with non-material alteration of the terms of an offer as an acceptance. Originality/value This study may provide legal and practical advice to both the seller and the buyer when they enter into a contract for international sales of goods. In addition, it may render us an insight into newly developed or developing rules in this area and show us how they interact with each other. Furthermore, it may be particularly useful in Korea where there is an ongoing discussion for revision of the KCC.


At- Tarbawi ◽  
2021 ◽  
Vol 13 (1) ◽  
pp. 16-27
Author(s):  
Suratiningsih Suratiningsih

The research aims to describe the puzzling media as a solution to increase the learning motivation of elementary /MI student. This research is library research. It is a method that the data which is needed in completing research comes from library sources i.e. include books, encyclopedias, dictionaries, journals, documents, magazines, etc as well as various sources on the internet. The data collection technique used in this research is documentation. Documentation means looking for data about things in the form of notes, books, papers, articles, journal, and so on. Then, the data analysis technique used in this study is content analysis. In this analysis, the process of selecting, comparing, and combining various meanings will be found to be relevant. The media is an intermediary or introduction. Puzzle media can improve the students’ motivation to keep trying to solve problems. It is fun for students because it can be repeated. The challenges in the puzzle game will give you an addictive effect to always try and try until they are successful.


2020 ◽  
Vol 1 (3) ◽  
pp. 311-329
Author(s):  
Saifullah bin Anshor ◽  
Rachmat Bin Badani Tempo ◽  
Asri

This study aimed at elaborating and identifying the law and the virtues of funeral prayer, the definition of absentee funeral prayer, the propositions of the inquiry of absentee funeral prayer, scholars’ opinions on the law of absentee funeral prayer, the ruling of absentee funeral prayer, time and distance limit in absentee funeral prayer, and the law of absentee funeral prayer on the victims of natural disasters. This study employed qualitative-descriptive method with normative approach techniques and library research. The result of the study shows that: (1) The law of absentee funeral prayer is permissible on the corpse that is not yet prayed on; (2) The ruling of absentee funeral prayer is the same as the ruling of funeral prayer; (3) There is no time limit for performing absentee funeral prayer on condition that the person dies at the time person who wants to perform prayer has been able to perform prayer; (4) The distance limit of absentee funeral prayer is the distance in which it is difficult to be visited by people who want to perform prayer; (5) The natural disaster victim, if his or her body is not found and is not yet prayed on, then he/she can be prayed on in absentia.


2017 ◽  
Vol 1 (2) ◽  
pp. 101-115
Author(s):  
Miki Yuliandri

This research aims to describe the paradigm of humanistic learning theory in implementing innovative learning in elementary school. The method used in this research is library research which data comes from various sources, both from libraries and various websites that exist on the internet. The source are books, encyclopedias, dictionaries, journals, documents, magazines, and others. Techniques in collecting data that used in this study is documentation. Furthermore, the data analysis technique used in this research is content analysis. The results of this study attempt to illustrate that innovative learning is a learning designed by teachers in new way. The new design made to facilitate learners in building knowledge in the process of behavior change. In addition, the theory of humanistic learning is a theory that helps learners to enjoy learning on subject matter in developing the potential of students themselves to a better direction. Thus, humanistic learning theory can be used to implement innovative learning in primary schools. Humanistic learning theory emphasizes guidance education, develops and directs students basic potential in terms of cognitive, affective, and psychomotor. Keywords: learning theory, humanistic, innovative learning ABSTRAK Penelitian ini bertujuan untuk menggambarkan paradigma teori belajar humanistik dalam mengimplementasikan pembelajaran inovatif di sekolah dasar. Metode yang digunakan dalam penelitian ini yaitu metode library research yang data-datanya berasal dari berbagai sumber, baik dari perpustakaan maupun berbagai website yang ada di internet meliputi buku, ensiklopedi, kamus, jurnal, dokumen, majalah, dan lain-lain. Teknik pengumpulan data yang digunakan dalam penelitian ini adalah dokumentasi. Selanjutnya, teknik analisis data yang digunakan dalam penelitian ini yaitu analisis isi. Hasil penelitian ini berusaha menggambarkan bahwa pembelajaran inovatif merupakan pembelajaran yang dirancang oleh guru yang sifatnya baru, untuk menfasilitasi peserta didik dalam membangun pengetahuannya pada proses perubahan perilaku. Di samping itu, teori belajar humanistik merupakan sebuah teori yang membantu peserta didik untuk senang belajar pada suatu objek atau materi pelajaran dalam mengembangkan potensi diri peserta didik ke arah yang lebih baik. Dengan demikian teori belajar humanistik dapat digunakan untuk mengimplementasikan pembelajaran inovatif di sekolah dasar. Teori belajar humanistik menekankan pada pendidikan membimbing, mengembangkan dan mengarahkan potensi dasar peserta didik baik dari segi kognitif, afektif, dan psikomotor. Kata kunci: teori belajar, humanistik, pembelajaran inovatif


Africa ◽  
1928 ◽  
Vol 1 (4) ◽  
pp. 413-428 ◽  
Author(s):  
Werner Eiselen

The several forms of preferential mating, such as cross-cousin marriage, sororate and levirate, are well known and have been reported from all the ethnographic provinces of the world. Lately Lowie and Rivers have devoted special chapters in their books on social organization to the comparative study of these important institutions. Lowie has pointed out that there is strong evidence for the correlation of sororate and levirate. The later publication of Rivers hardly serves to make these matters any clearer than Lowie's work. Although the latter scholar, with Tylor and others, recognized the close connexion existing between sororate and levirate, the evidence at his disposal did not allow him to arrive at a similar conclusion with regard to the other forms of preferential marriage. Accordingly he had to treat them, for the time being, as institutions of independent origin.


2017 ◽  
Vol 12 (1) ◽  
pp. 85 ◽  
Author(s):  
Christy Sich

Abstract Objective - This study compared the quality and helpfulness of traditional book review sources with the online user rating system in Amazon.com in order to determine if one mode is superior to the other and should be used by library selectors to assist in making purchasing decisions. Methods - For this study, 228 reviews of 7 different novels were analyzed using a content analysis approach. Of these, 127 reviews came from traditional review sources and 101 reviews were published on Amazon.com. Results - Using a checklist developed for this study, a significant difference in the quality of reviews was discovered. Reviews from traditional sources scored significantly higher than reviews from Amazon.com. The researcher also looked at review length. On average, Amazon.com reviews are shorter than reviews from traditional sources. Review rating—favourable, unfavourable, or mixed/neutral—also showed a lack of consistency between the two modes of reviews. Conclusion - Although Amazon.com provides multiple reviews of a book on one convenient site, traditional sources of professionally written reviews would most likely save librarians more time in making purchasing decisions, given the higher quality of the review assessment.


1896 ◽  
Vol 59 (353-358) ◽  
pp. 137-141 ◽  

In a paper published in the ‘Philosophical Transactions’ (Series B, 1894), the comparative study of the spore-bearing members of the Lycopodineæ, including the Psilotaceæ, has led to the conclusion that there is reasonable probability that septation of sporangia originally simple, to form synangia, has taken place; that a septate body (synangium) may be homologous with a non-septate body (simple sporangium); and that there is no essential difference between tissue which will form septa or trabeculæ, and that which will form spores, since the tissues can mutually undergo conversion one into the other. But the considerations there brought forward do not amount to an actual demonstration that septation has occurred.


Author(s):  
Ahmad Edwar

INDONESIAN JURISPRUDENCE: ISLAMIC LAW TRANSFORMATION IN LAW SYSTEM OF INDONESIA.: This study discusses about the idea of Islamic law renewal in Indonesia, as well as the figures, and it makes the term of Indonesian Jurisprudence and its formalization into the law system of Indonesia. The purpose of this study is to find the answer of these following points: Firstly, the interpretation or definition of Indonesian Jurisprudence concept; secondly, the figures who proposed Indonesian Jurisprudence and the result of their thoughts; and the third, the formalization of Jurisprudence concept with Indonesian nuance in the law system Indonesia. This study was a library research with a content analysis method. The results of this study are: (1) Indonesian Jurisprudence could be interpreted as a Jurisprudence concept that is more Indonesian local-based; (2) Hasbi As-Shiddiqi and Hazairin are two figures who proposed Indonesian Jurisprudence model, apart from other intellectuals. Hasbi is one of modernists who offered his ideas comprehensively, started from his “Indonesian Jurisprudence” concept until the law renewal including its principle and method. Meanwhile Hazairin offered the development of a new heritage system which interpreted and elaborated based on Al-Qur’an scriptural perception and Sunnah which is not a patrilineal system but bilateral (family model); and (3) formalization of Indonesian Jurisprudence concept produces some ordinance regulation products which are important formally and materially, such as Ordinance of Islamic Marriage Law, and also other rules under the Ordinance, such as Government Law, President Instruction, and Supreme Court Law, as well as Islamic Law Compilation and Sharia Economic Law Compilation


2021 ◽  
Vol 7 (2) ◽  
pp. 298-317
Author(s):  
Muhammad Istiqamah ◽  
Syandri Syandri

This study aims to explain the opinions of Asy'ariyah theology and its comparison with the salaf mazhab. This research is qualitative descriptive research with library research techniques that use normative theological approaches. The results of this study show that Asy'ariyah in various discussions of the creed has its own opinions of Islamic creed, ranging from the first obligation of a mukallaf, the meaning of tawhid, al-imān, asmā' wa ṣifat, kalam Allah, rukyatullāh, to qaḍā' and qadar. Even in one matter, among the Assyrians had different views. As for the comparative study between Asy'ariyah theology and salaf mazhab found a considerable difference between the two. Both in the matter of the first obligation as a mukallaf, regarding kalamullah, the attributes of Allah, destiny, or the matter of faith, so that the defense of the salaf mazhab echoed by Asy'ariyah is only an unproven claim.


2021 ◽  
Vol 9 (01) ◽  
pp. 705-708
Author(s):  
Mohd Iqbal Dar ◽  

The objective of the present study was to access the comparative study different variables between athletes and non athletes of Kashmir division. Physical fitness is a dynamic concept and is continuously growing in its importance to everyday life and health. Although being an attribute that has a genetic basis, it is also sensitive to changes in type and amount of physical activity, mortality and injury. The criterion measures selected for the study were, Explosive Leg strength, Speed, Agility, Resting pulse rate, Blood pressure (Systolic and dia-Systolic),Breath holding capacity. The Mean, Standard deviation and T value of Athletes and Non-Athletes was calculated. The results showed significant difference between Athletes and Non-Athletes (p<0.005) in case of Explosive Leg strength, Speed, Agility, Resting pulse rate and Blood pressure (Systolic), but no significant difference between Breathing capacity and Diastolic Blood pressure of Athletes and Non-Athletes was observed. It is therefore concluded that the athletes are at higher levels of their physical and physiological fitness levels which enhance their performance in sports and also in daily life activities.


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