scholarly journals ISLAMIC LAW VIEWS ON HARSH PHYSICAL PARENTING: A Comparative Study

2020 ◽  
Vol 20 (2) ◽  
pp. 124
Author(s):  
Mutia Hasan ◽  
Achmad Musyahid ◽  
Abdi Wijaya
Keyword(s):  
Comparative Study ◽  
Human Dignity ◽  
Child Protection ◽  
Public Perception ◽  
Islamic Law ◽  
The Public ◽  
The One

This research aims to educate children in ordering prayers in Islam and then analyze it in the child protection law. However, in general, Islam places more emphasis on gentleness, patience, and compassion than on violent ways in educating children, although in some instances showing disbelief and opposing children's mistakes is necessary, of course, correctly and appropriately. In the concept of Islamic law, violence has become an enjoyable theme to discuss. On the one hand, there is a hadith from the Prophet about educating children, which, if understood textually, raises the public perception of the necessity of violence in educating children. The Child Protection Law aims to guarantee and protect children and their rights to live, grow, develop and participate optimally following human dignity and protection from violence and discrimination.Keywords: Islamic Law; Prayer; Child Protection Act

scholarly journals Tawkil Traditions in the Implementation of Marriage Contract in Aceh, Indonesia

2019 ◽  
Vol 2 (3) ◽  
pp. 210-218
Author(s):  
Imran Imran ◽  
Muammar Muammar ◽  
Jauharah Jauharah ◽  
T. Azwar Aziz ◽  
Darmawi Darmawi ◽  
...  
Keyword(s):  
Public Perception ◽  
Islamic Law ◽  
Human Life ◽  
The Public ◽  
Religious Law ◽  
Marriage Contract ◽  
History Of ◽  
The One ◽  
The Guardian

The existence of guardians in the implementation of marriage contract has been explained in Islamic law in a clear and detailed manner. Guardian for a woman becomes one of pillar in the implementation of the marriage contract, and has a systematic sequence that starts from the main one and moves sequentially to the one after, if the one above is considered ‘uzur. But the primacy of the existence of the guardian is not utilized maximally in the perception of the Acehnese people. So that most people tend to represent the implementation of the marriage contract to other people such as pious people or marriage registration officers. The parental guardian prefers to care for his guardian rights to others even though basically there is no obstacle that hinder him. The problem is the practice law of tawkil marriage in the tradition of Aceh people according to Islamic law review. The results of the study shows that the public perception of the implementation of wakalah (tawkil) marriage is based on an understanding about the ability to be brave in the implementation of the marriage contract. But their understanding is based on habits that occur in the traditions of society, not based on the results of scientific studies. Indeed, the practice of tawkil or wakalah marriage that occurs in Acehnese society does not conflict with religious law, but the implication is the erosion of the erosion of the existence of guardians and the parental guardian in a very memorable contract in the history of a human life.

Islam, Islamic Law and Constitution Making: International and Domestic Engagement in the Constitution-Making Process in Afghanistan

MAZAHIB ◽  
2020 ◽  
Vol 19 (1) ◽  
Author(s):  
Ahmad Rofii
Keyword(s):  
Public Participation ◽  
Islamic Law ◽  
International Community ◽  
The Other ◽  
The Public ◽  
The Future ◽  
The One ◽  
Constitution Making

The making of the 2004 Constitution was a significant moment amidst the continuing conflicts in Afghanistan. It was an attempt to transform differences and conflicts into a shared agenda for the future of the country. The process of constitution-making in Afghanistan was marked by intense negotiations between the international community and actors, on the one hand, and domestic actors, on the other. The outcome would be called a “win-win solution”. This essay focuses on the making of the Islam-related clauses: How was the public participation? How has the negotiation been undertaken? What was the result and why? This essay is an attempt to answer those questions. It will argue that the process of constitution-making in Afghanistan particularly with regard to the Islam clauses is the acts of negotiations between different competing actors. The Constitution is the product of negotiations not only between international and domestic actors, but also between domestic actors. As evident in the making of the Islam clauses, these negotiations might be characterized as between puritan Islamist and more moderate Muslim actors.Pembuatan Konstitusi Afghanistan tahun 2004 adalah momen penting di tengah konflik yang terus berkecamuk. Ia merupakan upaya untuk mentranformasi perbedaan dan konflik menjadi agenda bersama bagi masa depan negeri ini. Proses pembuatan konstitusi Afghanistan ditandai oleh negosiasi yang intens antara masyarakat dan aktor-aktor international di satu sisi, dan aktor-aktor domestik di sisi lain. Hasilnya dapat disebut ‘win-win solution’. Tulisan ini fokus pada pembuatan klausul-klausul Islam: Bagaimana partisipasi publiknya? Bagaimana negosiasi dilakukan? Apa hasil dan mengapa? Tulisan ini adalah upaya untuk menjawab pertanyaan-pertanyaan tersebut. Ia akan beragumen bahwa proses pembuatan Konstitusi di Afghanistan khususnya terkait dengan klausul-klausul Islam merupakan tindakan negosiasi antara aktor-aktor yang berbeda. Konstitusi Afghanistan tidak saja merupakan produk negosiasi antara aktor-aktor internasional dan domestik, tetapi juga di antara aktor-aktor domestik itu sendiri. Sebagaimana terbukti dari pembuatan klausul-klausul Islam, negosiasi-negosiasi tersebut dapat dikarakteristikan sebagai negosiasi antara aktor puritan Islamis and aktor yang lebih moderat.

scholarly journals Coronavirus - Crisis Communication in Croatia

2020 ◽  
Vol 30 (Supplement_5) ◽  
Author(s):  
M Grbic ◽  
D Stimac Grbic ◽  
L Stimac ◽  
Z Sostar
Keyword(s):  
Child Protection ◽  
Crisis Communication ◽  
Protective Equipment ◽  
Public Concern ◽  
Basic Principles ◽  
The Public ◽  
New Information ◽  
The World ◽  
The Government ◽  
The One

Abstract Introduction The coronavirus outbreak has set off alarms around the world, leading to border closures, trade controls, travel bans and other measures. The Wuhan coronavirus epidemic continues to spread globally to the new European hotspot in Italy. New information about the epidemic and the virus is changing rapidly as the virus spreads and appears in parts of the world. Although official announcements by the Croatian Government and Crisis Staff calmed the public with pictures and data on the disease, it showed something else that heightened public concern and caused two conflicting phenomena among citizens - on the one hand, the majority showed understandable doubt about the information that could have raised the concern for their own health while the rest of the population ignored the facts. The market showed complete unwillingness to cope with this epidemic and a chronic shortage of protective equipment (masks, disinfectants...) emerged. Most of the citizens' queries and concerns were moving in the direction of personal protection, child protection and justification for holding large gatherings. Results By March 8, 2020, twelve COVID-19 patients were recorded in Croatia, of which 5 were patients in Rijeka, 3 in Zagreb and 4 in Varaždin. The first sick person is a Croatian citizen from Zagreb who became infected during his stay in Italy (Milan, Lombardy province). Conclusions In this crisis, several basic principles of crisis communication with the public have been forgotten: The first source of communication often becomes the source against which everyone else is measured.Accuracy is crucial to credibility.Emotion cannot be countered by facts. People must first know that the government cares.The public should regain a sense of control over circumstances beyond control.A lack of public respect in a crisis undermines trust.Honesty is fundamental to maintaining trust. Key messages Accuracy is crucial to credibility. Emotion cannot be countered by facts.

scholarly journals Axiological Aspects of Anthropological and Social Sources of Law Formation

2021 ◽  
pp. 123-131
Author(s):  
Olena ZHURAVSKA
Keyword(s):  
Human Dignity ◽  
Social Practice ◽  
Public Perception ◽  
Constitutional Court ◽  
Legal Norms ◽  
The Public ◽  
Positive Law ◽  
Proposed Model ◽  
Social Idea ◽  
Legal Restrictions

The article analyses some axiological aspects of anthropological and social sources of law formation through the analysis of the system, which includes social (legal) values and principles of law. It is emphasized that such division and delimitation are quite conditional, since principles provide for the requirement of guidance by values. Significant social idea that has become a legal value is reflected in the principle of law, and is governed by law. It has been proved that the legitimacy of positive law in a modern state-organized society, which is characterized by such phenomena as the rule of law and civil society, is directly related to the extent to which it reflects social values. The source of law becomes in demand if the proposed model of behaviour provides protection, provision, reproduction of socially recognized value that is important to society. The public significance of the behaviour model receives legal support, public perception and reproduction in the course of social practice. Over time, the most important legal values are transformed into the principles of law and are concretized in legal norms. Among the most expressive legal values that are clearly reflected in international and national law there is human dignity, freedom, justice and equality. Human dignity is the basic idea of humanism, which proclaims the protection of a person, his/her rights and freedoms; the satisfaction of his/her interests and needs. In the national legal system, this value is reflected in the Constitution, which recognizes a person, his/her life and health, honour and dignity as the highest social value. The Constitutional Court of Ukraine recognizes human dignity as a system-forming value and a source of human rights. Freedom includes the issue of potential and real ability of a person to be a subject of law, reflected in the form of such principles of law as general permission and special permission. Justice as a legal value is a special mechanism for maintaining the balance of legal values, a means of justifying and recognizing legal restrictions, a criterion for assessing legal phenomena and institutions. Equality in law is understood today as equality of opportunities and is reflected in the form of the following interrelated aspects: equality before the law; equality before the court; equality of rights, freedoms and responsibilities of a person and citizen.

scholarly journals Penyuluhan Pentingnya Legalisasi Perkawinan

2019 ◽  
Vol 1 (1) ◽  
pp. 25
Author(s):  
Setiawati Setiawati
Keyword(s):  
Islamic Law ◽  
The Public ◽  
Know How ◽  
The Law ◽  
The One ◽  
Husband And Wife ◽  
Lack Of Knowledge

Marriage is a bond born of inner between a man and woman as husband and wife with the aim of forming a family or household that sakinah happy and remain upon the divinity of the one true God. The recording of the marriage arranged for without recording, a marriage does not have the force of law. In fact the practice in public, let alone the remote logging process didaerah-daerah wedding in the document state is rarely noticed. This is because of the lack of knowledge most villagers tegal against legislation on marriage, both from the aspect of Islamic law as well as the positive aspects of the law. It is therefore deemed necessary to do the problems associated outreach. The purpose of doing this devotion to understanding memnberikan to the community related to the importance of the Kp Sasak. legalization of marriage. The methods used in the consecration is done by giving the extension. From the results of the survey and interviews conducted before the extension is still a lot of the public who do not know how important the legalization of marriage and what are the consequences arising because of the marriage not in legalization. The existence of this extension was well received by the public, they are very enthusiastic to follow this activity. After holding this extension a lot of development going on, many communities do governance documents to legalize their marriage that was previously done in the series.

scholarly journals Judicial Khula; theory and practice

Al-Duhaa ◽  
2021 ◽  
Vol 2 (02) ◽  
pp. 29-40
Author(s):  
Muhammad Rafi Bunairi ◽  
Hujjatullah Agha
Keyword(s):  
Comparative Study ◽  
Analytical Study ◽  
Islamic Law ◽  
Theory And Practice ◽  
The Public ◽  
Fair Process ◽  
Family Courts ◽  
Judicial Practice ◽  
Islamic Jurisprudence ◽  
Emerging Issues

Khula is the most practically used component in the judiciary of Pakistan and this requires completely Islamic Jurisprudence but unfortunately, Neither bar nor bench has special competency on this issue, on top of that Dar Ul Ifta is a different system in Pakistan that is not recognized ultimately common peoples face problems. The question arises to examine the theory of Khula in Islamic law along with Pakistani judicial practice in this relevant matter and furthermore to point out contemporary issues with its solutions so comparative study between khula and its practice is mainly focused in this research. This paper is not just an analytical study of the topic, but it is comparing both theoretical and practical aspects of Kula so that reforms could be oriented toward emerging issues. This work has drawn the conduct for the legal fraternity in concern matter furthermore, this writing has shown a way to the public for adopting a just & fair process for canceling the contract of marriage and more importantly the replacement of Civil judges with Muftian-E-Kiram in family courts will overcome the problems in family cases.

scholarly journals ONLINE LOANS THROUGH SMART CREDIT APPLICATION; A COMPARATIVE STUDY OF ISLAMIC LAW AND POSITIVE LAW

2021 ◽  
Vol 21 (1) ◽  
pp. 86
Author(s):  
Slamet Abidin
Keyword(s):  
Comparative Study ◽  
Islamic Law ◽  
Civil Code ◽  
Literature Study ◽  
Legal Requirements ◽  
Qualitative Design ◽  
The Public ◽  
Positive Law ◽  
Library Research ◽  
Very High

This article aimed to describe and analyze the comparison of the two laws, namely Islamic Law and Positive Law, regarding online loans in the Smart Credit application. This study was a literature study using a qualitative design that was the basis for library research by exploring the postulates of Islamic law and articles of positive law that were directly related to the object studied and analyzing and concluding the comparison of the two laws. The results of this study indicated that the legal requirements for online loans in the Smart Credit application was based on the provisions of Islamic Law and Civil Code. In addition, according to Islamic Law and Positive Law, the online loan mechanism through the Smart Credit application had differences, including in Islamic Law allowing online loans. However, if the loans process used usury or interest, Islamic law forbade the lender. While the Positive Law, in this case, was contained in Article 1320 of the Civil Code, which explained that if a lender has agreed to the process of terms and conditions that the Smart Credit application has made and has bound himself in the applicable provisions, whether a loan that was known to have an interest or a delay in paying would be given a fine, then the loans process was legal in the eyes of the law. This was because they have tied themselves to the online loan process, the Smart Credit application. This study implies that online loans are allowed to be used by the public. However, people must remain careful in using online loan applications that lend funds because the interest from lending these funds is very high and will result in very large losses. 

scholarly journals Attitudes towards science among Spanish citizens: The case of critical engagers

2017 ◽  
Vol 27 (6) ◽  
pp. 690-707 ◽  
Author(s):  
Montaña Cámara ◽  
Ana Muñoz van den Eynde ◽  
José A. López Cerezo
Keyword(s):  
Public Perception ◽  
Social Impact ◽  
Socially Responsible ◽  
One Dimensional ◽  
The Public ◽  
The Social ◽  
Using Data ◽  
The One ◽  
Political Value ◽  
The Relationship

Using data obtained from Spanish surveys on the public perception of science, this article presents a critical review of current practices of population profile segmentation, including the one-dimensional representation of perceived risks and benefits and of the systematic underestimation of critical attitudes to the social impact of science and technology. We use discriminant analysis to detect a somewhat hidden cluster in the Spanish population which we call ‘critical engagers’. These individuals are critically and socially responsible and are not reticent about expressing concern regarding scientific-technological change. While they hold an overall positive attitude towards change of this kind, they are at the same time well aware of the risks posed by particular fields of application. We highlight the academic interest and political value of these individuals, attributing to this population a mature and intelligent stance which may well be employed in enhancing the relationship between science and society.

scholarly journals Discourse on the formulation of the Jarimah of sexual violence against children in the Aceh Qanun Jinayat

2021 ◽  
Vol 10 (11) ◽  
pp. e531101120059
Author(s):  
Liza Agnesta Krisna ◽  
I Nyoman Nurjaya ◽  
Prija Djatmika ◽  
Nurini Aprilianda
Keyword(s):  
Law Enforcement ◽  
Sexual Harassment ◽  
Sexual Violence ◽  
Criminal Law ◽  
Child Protection ◽  
Islamic Law ◽  
State Regulations ◽  
The Public ◽  
Violence Against Children ◽  
The Law

The implementation of Islamic law in Aceh is based on the special autonomy and privileges of Aceh. The implementation of Islamic law brings the spirit of formalizing Islamic teachings through formal state regulations, namely the Aceh Qanun. Qanun Jinayat is a regulation that regulates disgraceful acts that should be punished in the teachings of Islamic law or can be referred to as a compilation of criminal law in Aceh. There are ten types of jarimah (criminal acts) regulated in the Qanun Jinayat, two of which are jarimah of sexual harassment and jarimah of rape. During the implementation of the Qanun Jinayat related to the law enforcement of the crime of sexual violence against children, both crimes of sexual harassment and rape have attracted a lot of criticism from the public, this crime is seen as no longer regulated in the Qanun Jinayat because it has been regulated previously and is more complete in the Child Protection Law. The ratio legis for regulating sexual violence against children in the Qanun Jinayat is because this act is seen as a continuation of the act of khalwat. This study shows an inaccuracy in the formulation of the type of jarimah in the Qanun Jinayat and the neglect of horizontal harmonization of national law.

scholarly journals PERSEPSI MASYARAKAT TENTANG AKAN DI KONVERSIKANNYA BANK KONVENSIONAL KE BANK SYARIAH DI ACEH STUDI KASUS DI KOTA LANGSA

2018 ◽  
Vol 2 (2) ◽  
Author(s):  
Early Ridho Kismawadi ◽  
Uun Dwi Al Muddatstsir
Keyword(s):  
Public Perception ◽  
Islamic Law ◽  
Islamic Banks ◽  
The Public ◽  
Guarantee System ◽  
Qualitative Descriptive ◽  
Conventional Banks ◽  
The City

This study aims to determine the public perception in the city of Langsa about Aceh Qanun related to Aceh provincial Qanun No. 8 0f 2014 concerning in the principles of Islamic Law and Qanun No. 8 of 2016 concerning the Halal Product Guarantee System which requires banks to operate in Aceh to be based on sharia principles. The method used in the study is qualitative descriptive. The results of this study the community is very supportive for the enactment of these regulations, but the public hopes that islamic banks operating in the province of Aceh must provide the same facilities as conventional banks which are currently very good compared to islamic banks in terms of facilities owned.

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