scholarly journals DYNAMICS OF LOCAL ISLAM: FATWA OF MUHAMMAD BASIUNI IMRAN, THE GRAND IMAM OF SAMBAS, ON THE FRIDAY PRAYER ATTENDED BY FEWER THAN FORTY PEOPLE

Al-Albab ◽  
2013 ◽  
Vol 2 (2) ◽  
Author(s):  
Hamka Siregar
Keyword(s):  
The Other ◽  
Local People ◽  
Historical Background ◽  
Human Intelligence ◽  
Cultural Conditions ◽  
Foreign Culture ◽  
The Law ◽  
Friday Prayer

This article is an analitical work based on local Islam dynamic of Sambas society in the era of Sambas Sultanate. The work attempts to promote intellectual heritages such as the book of Cahaya Suluh, which could at least give us an idea that in a process of setting certain rules or istinbat, there is a need for flexibility. As can be observed from the whole argument built in this book, the process is completely flexible, not merely following one school of thought. As indicated in this paper, especially in the discussion of his thought, Muhammad Basiuni Imran used various references for his propositions. Although he was an advocate of the school of Syafi’i, he was still open to the other schools of thought. As a matter of fact, in the case of Friday prayer, his position was different from the school of thought he supported. He took that position because he considered the socio cultural conditions of Sambas at the time. Intellectual spirit shown by the Grand Imam of Sambas should continue to be emulated and expanded. It is a way to avoid the ‘blind’ taqlid against a certain school of thought, as such attitude can narrow human intelligence and reasoning which will eventually lead to collision with local reality that sometimes contains values that do not contradict with religion. In addition, the approach to the interpretation of law should look at its socio-cultural and historical background as this will keep the law strong and sustainable. In this way, Islam will be easily accepted without having to impose foreign culture on local people. Keywords: Dynamic, Islam, Sambas, Grand Imam, Muhammad Basuni Imran

Mistake

2017 ◽  
Author(s):  
Hein Kötz
Keyword(s):  
Common Law ◽  
Civil Law ◽  
The Other ◽  
Historical Background ◽  
European Law ◽  
The Common ◽  
The Law ◽  
To Receive

This chapter examines how the law deals with contracts that a party entered into by mistake. After a brief discussion of the historical background of the rules in the civil law and the common law, the question is raised whether there is a relevant mistake if a party’s ‘motive’ for entering into the contract turns out to be incorrect, if the party’s mistake refers to the value of what it promised or was to receive under the contract, or if the party’s mistake is due to its carelessness. Should the relevance of a mistake not depend on whether it was caused or shared by the other party? Finally, the chapter outlines some common threads in the development of a European law on mistake.

Dukungan Legislatif Dalam RUU KUHP Untuk Pemberantasan Korupsi: Pro dan Kontra Tindak Pidana Korupsi dalam RUU KUHPDukungan Legislatif Dalam RUU KUHP Untuk Pemberantasan Korupsi: Pro dan Kontra Tindak Pidana Korupsi dalam RUU KUHP

Jurnal Hukum ◽  
2016 ◽  
Vol 31 (2) ◽  
pp. 1721
Author(s):  
Muhammad Aziz Syamsuddin
Keyword(s):  
United Nations ◽  
Criminal Code ◽  
The Other ◽  
Deterrent Effect ◽  
United Nations Convention ◽  
Legislative Support ◽  
The Law ◽  
Shared Commitment ◽  
Crime Of Corruption

AbstractThe spirit of the eradication of corruption is running continually. Various efforts or strategies were arranged to sharpen the power of corruptions’ eradication. One of the strategies is legislation support or comprehend and effective legislation. It was proved by the enactment of Law No. 28 of 1999 on State Implementation of Clean and Free from Corruption, Collusion and Nepotism and also Law No. 31 of 1999 as amended by Law No. 20 of 2001 on Corruption Eradication. The other related legislation such as Law No. 30 of 2002 on Corruption Eradication Commission and the Law 8 of 2010 on the Prevention and Eradication of Money Laundering.  Those Supporting legislations show that there is a shared commitment to eradicate corruption. Indonesia has also ratified the UNCAC (United Nations Convention against Corruption) by Law No. 7 of 2006 on the UN Convention (United Nations) Anti-Corruption. Support legislation is expected to provide a deterrent effect for offenders and protecting the rights of citizens has a whole. Keywords: Legislative Support, Criminal Code Draft, Eradication, Crime of Corruption, Pros and Cons    AbstrakSemangat pemberantasan tindak pidana korupsi terus bergulir. Berbagai upaya atau strategi dibangun untuk mempertajam kekuatan pemberantasan korupsi. Salah satunya adalah dengan dukungan legislasi atau peraturan perundang-undangan yang komprehensif dan efektif. Dibuktikan dengan lahirnya Undang-Undang No. 28 Tahun 1999 tentang Penyelenggaraan Negara yang Bersih dan Bebas dari Korupsi, Kolusi, dan Nepotisme dan Undang-Undang No. 31 Tahun 1999 sebagaimana diubah dengan Undang-Undang No. 20 Tahun 2001 tentang Pemberantasan Tindak Pidana Korupsi. Adapun undang-undang terkait lainnya seperti UU No. 30 Tahun 2002 tentang Komisi Pemberantasan Tindak Pidana Korupsi dan UU No. 8 Tahun 2010 tentang Pencegahan dan Pemberantasan Tindak Pidana Pencucian Uang. Dukungan legislasi tersebut menunjukkan adanya komitmen bersama untuk memberantas tindak pidana korupsi. Indonesia juga  telah meratifikasi UNCAC (United Nations Convention Against Corruption) dengan UU No. 7 Tahun 2006 tentang Konvensi PBB (Perserikatan Bangsa-Bangsa) Anti Korupsi. Dukungan legislasi ini diharapkan memberikan efek jera bagi pelaku sekaligus melindungi hak-hak warga negara secara keseluruhan. Kata Kunci: Dukungan Legislatif, RUU KUHP, Pemberantasan, Tindak Pidana Korupsi, Pro dan Kontra

Metamorphosen des Autors im Internet

2018 ◽  
Vol 2018 (1) ◽  
pp. 73-82
Author(s):  
Julia Genz
Keyword(s):  
Web 2.0 ◽  
Digital Media ◽  
Intrinsic Value ◽  
The Other ◽  
Cultural Conditions ◽  
Works Of Art ◽  
Periodic Schedule ◽  
Literary Authorship ◽  
The One ◽  
Death Of The Author

Digital media transform social options of access with regard to producers, recipients, and literary works of art themselves. New labels for new roles such as »prosumers « and »wreaders« attest to this. The »blogger« provides another interesting new social figure of literary authorship. Here, some old desiderata of Dadaism appear to find a belated realization. On the one hand, many web 2.0 formats of authorship amplify and widen the freedom of literary productivity while at the same time subjecting such production to a periodic schedule. In comparison to the received practices of authors and recipients many digital-cultural forms of narrating engender innovative metalepses (and also their sublation). Writing in the net for internet-publics enables the deliberate dissolution of the received autobiographical pact with the reader according to which the author’s genuine name authenticates the author’s writing. On the other hand, the digital-cultural potential of dissolving the autobiographical pact stimulates scandals of debunking and unmasking and makes questions of author-identity an issue of permanent contestation. Digital-cultural conditions of communication amplify both: the hideand- seek of authorship as well as the thwarting of this game by recipients who delight in playing detective. In effect, pace Foucault’s and Barthes’ postulates of the death of the author, the personality and biography of the author once again tend to become objects of high intrinsic value

MUNDANE MIRACLES IN AWADH. ENCOUNTERS WITH THE REVEALED AND THE HIDDEN

2020 ◽  
pp. 130-140
Author(s):  
Maxim B. Demchenko ◽  
Keyword(s):  
The Other ◽  
Local People ◽  
Natural Phenomena ◽  
Mughal Empire ◽  
The Public ◽  
British Raj ◽  
The Subject ◽  
Other World ◽  
Better Than

The sphere of the unknown, supernatural and miraculous is one of the most popular subjects for everyday discussions in Ayodhya – the last of the provinces of the Mughal Empire, which entered the British Raj in 1859, and in the distant past – the space of many legendary and mythological events. Mostly they concern encounters with inhabitants of the “other world” – spirits, ghosts, jinns as well as miraculous healings following magic rituals or meetings with the so-called saints of different religions (Hindu sadhus, Sufi dervishes),with incomprehensible and frightening natural phenomena. According to the author’s observations ideas of the unknown in Avadh are codified and structured in Avadh better than in other parts of India. Local people can clearly define if they witness a bhut or a jinn and whether the disease is caused by some witchcraft or other reasons. Perhaps that is due to the presence in the holy town of a persistent tradition of katha, the public presentation of plots from the Ramayana epic in both the narrative and poetic as well as performative forms. But are the events and phenomena in question a miracle for the Avadhvasis, residents of Ayodhya and its environs, or are they so commonplace that they do not surprise or fascinate? That exactly is the subject of the essay, written on the basis of materials collected by the author in Ayodhya during the period of 2010 – 2019. The author would like to express his appreciation to Mr. Alok Sharma (Faizabad) for his advice and cooperation.

Challenges of Media Education Standards in Georgia

2017 ◽  
Vol 2 (2) ◽  
Author(s):  
Marine Vekua
Keyword(s):  
Working Conditions ◽  
Teaching Methods ◽  
International Standards ◽  
The Other ◽  
Historical Background ◽  
Journalism Education ◽  
Education Standards ◽  
Modern Media ◽  
The One ◽  
The Right

The main goal of this research is to determine whether the journalism education of the leading media schools inGeorgia is adequate to modern media market’s demands and challenges. The right answer to this main questionwas found after analyzing Georgian media market’s demands, on the one hand, and, on the other hand, differentaspects of journalism education in Georgia: the historical background, development trends, evaluation ofeducational programs and curricula designs, reflection of international standards in teaching methods, studyingand working conditions.

Genital Call and Genitals on Trial: by Giegold & Weiß (nGbK, 2014)

Screen Bodies ◽  
2016 ◽  
Vol 1 (2) ◽  
pp. 87-91
Author(s):  
Karen Fiss
Keyword(s):  
Sexual Assault ◽  
Male Student ◽  
The Other ◽  
Columbia University ◽  
The Law ◽  
Affirmative Consent

In California, where I live, an affirmative consent law was recently passed: often referred to as the “yes means yes” standard for sexual assault, it is now required of all colleges receiving state funds. Supporters of the law argue that campus rapists can no longer be exonerated because their victims did not resist or were incapacitated by fear, shame, or intoxication. On the other side of the country, a student at Columbia University became an icon in this ongoing legal struggle by carrying her mattress around with her everywhere, including to her graduation, as a sign of protest against the university’s refusal to expel the male student who raped her.

Law’s Contradictions

2018 ◽  
Author(s):  
Nimer Sultany
Keyword(s):  
The Other ◽  
Political Actors ◽  
Political Conflicts ◽  
Other Hand ◽  
The Law ◽  
The One

This chapter analyzes concrete Egyptian and Tunisian cases that showcase the interplay between continuity and rupture. These cases illustrate the lack of a systemic relation between law and revolution. On the one hand, the judiciary that interprets and applies the law is part of the very social and political conflicts it is supposed to resolve. On the other hand, the law is incoherent and there are often resources within the legal materials to play it both ways. Thus, the different forces at work use both continuity and rupture to advance their positions. Furthermore, legitimacy discourse mediates the contradictions between law and revolution in the experience of different legal and political actors. This mediation serves an ideological role because it presupposes a binary dichotomy between continuity and rupture, papers over law’s incoherence by reducing it to a singular voice, and reduces revolution to an event rather than a process.

Insider Trading in Israel and England, Part II

1972 ◽  
Vol 7 (3) ◽  
pp. 373-410
Author(s):  
Aharon Yoran
Keyword(s):  
Insider Trading ◽  
The Other ◽  
Fiduciary Duties ◽  
The Law ◽  
The One

It is submitted that even if the hapless outsider cannot bring an action for damages because of the existing state of the law regarding fiduciary duties and breach of statutory duties, he still has an equitable remedy of rescission of the contract based on quasi-contractual principles. The crime of fraud, under secs. 13 and 54, respectively, would be made the basis of setting the contract (of sale or purchase) aside. To support this proposition we shall explore the quasi-contractual principles which enable one contracting party, the victim of a crime committed by the other party in entering the contract, to defeat this contract.In Browning v. Morris, in an oft-quoted statement by Lord Mansfield, the following principle was declared: But, where contracts or transactions are prohibited by positive statutes, for protecting one set of men from another set of men; the one, from their situation and condition, being liable to be oppressed or imposed upon by the other; there, the parties are not in pan delicto; and in furtherance of these statutes, the person injured, after the transaction is finished and completed, may bring an action and defeat the contract.

OBSERVATIONS ON AMYLOLYTIC BACTERIA: III. CULTURAL CONDITIONS INFLUENCING THE BREAKDOWN OF STARCH BY STENOTHERMOPHILIC BACTERIA BELONGING TO BACILLUS STEAROTHERMOPHILUS

1952 ◽  
Vol 30 (4) ◽  
pp. 360-370 ◽  
Author(s):  
Egon Stark ◽  
P. A. Tetrault
Keyword(s):  
Yeast Extract ◽  
Bacillus Stearothermophilus ◽  
Soluble Starch ◽  
The Other ◽  
Ph Changes ◽  
Proteose Peptone ◽  
Cultural Conditions ◽  
Initial Ph ◽  
Commercial Medium ◽  
Agar Media

Thirty-five cultures of Bacillus stearothermophilus hydrolyzed five starches under various cultural conditions. Hydrolysis occurred regardless of the type, brand, or batch of starch; regardless of the initial pH or of the subsequent pH changes of the medium. Starch in broth was better attacked than in agar media. Some cultures hydrolyzed 0.5%, but not 1% starch; others hydrolyzed easily 10% soluble starch. Length of incubation was important. Certain cultures never formed acid or sugar from starch. Dextrinization was a more reliable indication of starch hydrolysis than was the formation of acid or sugar. Soluble starch gave more consistent results in repeated experiments than did nonsoluble starches. The type of protein medium determines strongly the formation of amylase. Trypticase was the best commercial medium, yeast extract came second. The other 10 media yielded fewer amylolytic cultures. Yeast extract added to media enhanced amylase formation, except with trypticase. Tryptose, proteose-peptone, and neopeptone inhibited the growth of most cultures.

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