scholarly journals THE LAWS PROTECTING CHILD WITNESSES IN GIVING EVIDENCE: HARMONIZATION BETWEEN MALAYSIAN LAWS AND AS-SHARIA

2021 ◽  
Vol 2 (2) ◽  
pp. 137-150
Author(s):  
Mohamad Ismail Bin Mohamad Yunus ◽  
Nik Rahim Nik Wajis ◽  
Mualimin Mochammad Sahid ◽  
Nurliyana Shahira Baharli
Keyword(s):  
Child Abuse ◽  
Research Methodology ◽  
Islamic Law ◽  
Point Of View ◽  
Child Witnesses ◽  
Final Part ◽  
Child Witness ◽  
The Media

Since issues of child abuse and other crimes against children have been brought to the public's attention through the media, this article considers to highlight one of the issues relating to the protection of child. The issue of the laws protecting child witnesses in giving evidence will come into the discussion. This paper considers the issue of corroboration of the child witness in the aspects of sworn and unsworn statements to determine whether the evidence given by children will be relevant and admissible in Courts. In tackling the issues, the research methodology applied by the authors is by analyzing and evaluating the decided cases and studying the substantive laws procedure in protecting child witnesses in giving testimony in Courts. The expectation findings of this paper are to harmonize between Malaysian and Islamic law relating to the protection of child witnesses in giving evidence in the court of law. After having observed the conflicts or the problems that had stem out of the current laws and procedures governing child witnesses as to the remedies, the final part of the article proposed some solutions and recommendations from the Islamic point of view.

scholarly journals Menggugah peran hukum humaniter internasional Islam dalam mengurai konflik etnis perspektif sejarah

2012 ◽  
Vol 12 (2) ◽  
pp. 193
Author(s):  
Moh Rosyid
Keyword(s):  
International Law ◽  
Islamic Law ◽  
Point Of View ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Treaty ◽  
Maritime Law ◽  
Space Law ◽  
The Media

The defamation of minority ethnics and groups by the authority and the majority has been exposed by the media throughout history. This condition is contrary to the Islamic concept of rahmatan lil’alamin. The concept will not be materialized if the expert of humanitarian law does not involve in the formulation of Islamic humanitarian law. This topic is proposed by the author to persuade the expert of Islamic law to be more active in exploring the concept of prosperous life according to Islam. The author does not explore the topic from legal point of view but rather from historical point of view that crime and genocide has colored global life. If this condition is not addressed immediately and appropriately, we should concern that misguidance will be always characterized our life. Persuading humanitarian law expert is a scientist contribution to create a prosperous life and prevent a conflict. International humanitarian law is a part of international law consisting of diplomatic law, maritime law, law of international treaty, and space law. Due to its significance, it necessitates Islam to coloring humanitarian law. Islam may contribute to humanitarian law through the expert of Islamic law. Islam may be used as a frame of humanitarian law because it establishes a world full of compassion without any form of discrimination.

МАРКЕТИНГОВІ АСПЕКТИ ФУНКЦІОНУВАННЯ ЛІТЕРАТУРНИХ КОНКУРСІВ ТА ПРЕМІЙ

2020 ◽  
pp. 90
Author(s):  
O. Bondar
Keyword(s):  
Publishing House ◽  
Target Audience ◽  
Point Of View ◽  
Information Support ◽  
Literary Field ◽  
Non Profit ◽  
Functional Aspects ◽  
The Media ◽  
Literary Prizes ◽  
The Impact

<p><em>In this study, I have collected and summarized the functional aspects of a literary prize, contest, and rating, which indicate their affiliation with the marketing complex of the publishing house for the first time. For this purpose, I have analyzed and summarized the common concepts of the functioning of literary prizes and contests as advertising tools for publishing activity. Because the previous studies are only focused on the fact of the impact of the prize on the promotion of editions but do not explain it, these aspects have been considered and introduced by me from the book production’s point of view. I investigated that the prizes and the contests in the literary field are effective marketing tools, which meet many publisher’s needs at the same time and can be considered a non-profit form of capital. I have reviewed the works of other authors, who accept that the economic success of the book is rising if the author is a winner of the literary prize or contest. I have found out that the book prize activates the demand for the book, and the literary contest is a tool to track the reader’s reaction to a future publication. In this way, literary prizes and contests can be considered as a way of conducting a marketing dialogue with the target audience. I have focused on the information support of literary national and international prizes and contests by the media, which attracts attention to the book and forms the reader’s interest. The literary prizes and contests are also considered as a way of exploring trends and their changes, familiarization the popular genres among the target audience and fixation the current choice of modern readers. Literary prizes and contests motivate the authors to improve their literary excellence, are the source of new authors and works, and assist in increasing sales of books. However, further research is recommended.</em></p><strong><em>Key words:</em></strong><em> book prize, book rating, literary contest, literary prize, functions of the literary prizes.</em>

Application of Statutes of Limitations to Islamic Banking: The Case of Malaysia

2020 ◽  
Vol 17 (1) ◽  
pp. 56-69
Author(s):  
Aishath Muneeza ◽  
Zakariya Mustapha
Keyword(s):  
Qualitative Research ◽  
Financial Institutions ◽  
Research Methodology ◽  
Islamic Law ◽  
Islamic Banking ◽  
Legal Action ◽  
Qualitative Research Methodology ◽  
The Right ◽  
Limitation Of Action ◽  
Insight Into

Limitations of action designate extent of time after an event, as set by statutes of limitations, within which legal action can be initiated by a party to a transaction. No event is actionable outside the designated time as same is rendered statute-barred. This study aims to provide an insight into application and significance of Limitations Act 1950 and Limitation Ordinance 1952 to Islamic banking matters in Malaysia as well as Shariah viewpoint on the issue of limitation of action. In conducting the study, a qualitative research methodology is employed where reported Islamic banking cases from 1983 to 2018 in Malaysia were reviewed and analysed to ascertain the application of those statutes of limitations to Islamic banking. Likewise, relevant provisions of the statutes as invoked in the cases were examined to determine possible legislative conflicts between the provisions and the rule of Islamic law in governing the right and limitation of action in Islamic banking cases under the law. The reviewed cases show the extent to which statutes of limitations were invoked in Malaysian courts in determining validity of Islamic banking matters. The limitation provisions so referred to are largely sections 6(1)(a) and 21(1) Limitations Act 1953 and section 19 Limitation Ordinance 1953, which do not conflict with Shariah viewpoint on the matter. This study will prove invaluable to financial institutions and their customers alike in promoting knowledge and creating awareness over actionable event in the course of their transactions.

Metodologi Pengeluaran Fatwa di Jawatankuasa Fatwa Negeri Johor

2018 ◽  
Vol 13 (1) ◽  
pp. 70-88
Author(s):  
Mohd Faez Mohd Shah ◽  
Norhidayah Pauzi
Keyword(s):  
Literature Review ◽  
Research Methods ◽  
Research Methodology ◽  
Research Method ◽  
Islamic Law ◽  
Field Research ◽  
The State ◽  
Original Source ◽  
Interview Methods ◽  
The Right

In the discipline of Islamic law research, strong proofing and clear Istinbat method are key pillars in the construction of Islamic law based on the application of the science of usul al-fiqh and maqasid al-shari'ah. However, what happens at the state of Johor’s fatwa institution is the opposite. The fatwa research methods applied by the Fatwa Committee of Johor in resolving current fatwa issues is not based on the right and true discipline of Islamic law research. In fact, current inputs related to fatwa issues are not explicitly stated in the method of determining the law either in the form of reality or scientifically verified. Therefore, this paper will discuss the fatwa procedures undertaken by the Fatwa Committee of Johor based on the methods applied in resolving current issues. The research methodology adopted is library and interview methods. This study shows that fatwa management and production in the state of Johor is placed under the jurisdiction of the Mufti of Johor’s Department. The methods adopted by the Fatwa Committee of Johor covers two methods, namely: internal research methods including literature review through the application of original source and proofs based on syarak. Second: field research method that includes an external review or going to the location of study such as conducting observation, questionnaires and interviews including referrals to specialists of different fields. Maslahah and mafsdah consideration are also implemented by the Fatwa Committee in every fatwa decision based on the standard that meets the interests of maqasid al-shari'ah. Keywords: Metode, fatwa, istinbat, usul al-fiqh, maqasid al-shari’ah ABSTRAK Dalam disiplin penyelidikan hukum Islam, kekuatan pendalilan dan kaedah istinbat yang jelas merupakan tunggak utama dalam pembinaan hukum Islam berasaskan kepada aplikasi ilmu usul al-fiqh dan maqasid al-shari’ah. Namun begitu, apa yang berlaku di institusi fatwa negeri Johor adalah sebaliknya. Kaedah penyelidikan fatwa yang diaplikasi oleh Jawatankuasa Fatwa Negeri Johor dalam menyelesaikan isu fatwa semasa tidak berasaskan kepada disiplin penyelidikan hukum Islam yang tepat dan sebenar. Malahan input-input semasa yang berkaitan dengan isu fatwa juga tidak dinyatakan secara jelas dalam kaedah penentuan hukum sama ada dalam bentuk realiti yang berlaku atau pembuktian secara saintifik. Justeru, kertas kerja ini akan membincangkan prosedur fatwa Jawatankuasa Fatwa Negeri Johor berdasarkan metode-metode yang diaplikasi dalam menyelesaikan isu-isu yang bersifat semasa. Metodologi kajian yang digunakan dalam kajian ini adalah melalui metode perpustakaan dan metode lapangan. Hasil kajian menunjukkan bahawa pengurusan dan pengeluaran fatwa di negeri Johor hanya terletak di bawah bidang kuasa Jabatan Mufti Johor. Metode fatwa yang diamalkan oleh Jawatankuasa Fatwa Negeri Johor merangkumi dua metode iaitu pertama, kaedah penyelidikan dalaman yang merangkumi kajian kepustakaan menerusi pengaplikasian dari sumber asas dan dalil-dalil syarak. Kedua, kaedah penyelidikan lapangan yang meliputi kajian luaran atau turun ke lokasi kajian seperti observasi, soal selidik dan temubual dan rujukan kepada pakar dalam bidang yang berlainan. Pertimbangan maslahah dan mafsdah juga dimplementasikan oleh Jawatankuasa Fatwa dalam setiap keputusan fatwanya berasaskan standard yang menepati kepentingan maqasid al-shari’ah. Kata kunci: Metode, fatwa, istinbat, usul al-fiqh, maqasid al-shari’ah

Selfi es

2018 ◽  
Vol 2018 (1) ◽  
pp. 83-96
Author(s):  
Ramon Reichert
Keyword(s):  
Present Article ◽  
Digital Communication ◽  
Role Expectations ◽  
Digital Culture ◽  
Final Part ◽  
Human Face ◽  
History Of ◽  
The Media ◽  
Front Stage

The history of the human face is the history of its social coding and the media- conditions of its appearance. The best way to explain the »selfie«-practices of today’s digital culture is to understand such practices as both participative and commercialized cultural techniques that allow their users to fashion their selves in ways they consider relevant for their identities as individuals. Whereas they may put their image of themselves front stage with their selfies, such images for being socially shared have to match determinate role-expectations, body-norms and ideals of beauty. Against this backdrop, collectively shared repertoires of images of normalized subjectivity have developed and leave their mark on the culture of digital communication. In the critical and reflexive discourses that surround the exigencies of auto-medial self-thematization we find reactions that are critical of self-representation as such, and we find strategies of de-subjectification with reflexive awareness of their media conditions. Both strands of critical reactions however remain ambivalent as reactions of protest. The final part of the present article focuses on inter-discourses, in particular discourses that construe the phenomenon of selfies thoroughly as an expression of juvenile narcissism. The author shows how this commonly accepted reading which has precedents in the history of pictorial art reproduces resentment against women and tends to stylize adolescent persons into a homogenous »generation« lost in self-love

Alcohol and the Media: A Review and Critique of the ‘Effects’ Model

1982 ◽  
Vol 3 (2) ◽  
pp. 183-194 ◽  
Author(s):  
Nicholas Dorn ◽  
Nigel South
Keyword(s):  
Point Of View ◽  
Economic Consequences ◽  
Future Research ◽  
General Level ◽  
Alcohol Advertising ◽  
Social Drinking ◽  
The Media ◽  
Quantitative Changes ◽  
And Shifts ◽  
Qualitative Changes

A review of the available empirical material bearing upon the question of alcohol advertising having ‘effects’ on the general level of consumption suggests that this question is insufficiently precise as a basis for research. Studies suggesting some relationship between advertising for particular brands or products and shifts in brand or product use are potentially more interesting, if considered from a point of view that recognises that such shifts may involve shifts in milieux, comparisons, styles and meanings associated with consumption. Future research should be attentive to such qualitative changes in drinking practices attendant upon advertising or preventive campaigns (as well as to quantitative changes). The authors suggest that such quantitative and qualitative changes in drinking practices of individuals and social groups need to be considered within the context of more general, ideological and economic, consequences of alcohol advertising. These consequences-including reinforcement of images about ‘social drinking,’ and shifting of consumers onto more profitable products-consolidate the profitability of the alcohol industry (a consideration more important to the industry than levels of consumption per se). A framework broader than that of ‘effects’ on individuals' levels of consumption is required if health educators are to learn anything from advertising.

Die Macht der Bilder und Bilder der Macht: die sprachliche Konstruktion von Nationalismus und Konservatismus in der strategischen politischen Kommunikation von Vox España

2020 ◽  
Vol 136 (2) ◽  
pp. 538-566
Author(s):  
Sandra Issel-Dombert
Keyword(s):  
Language Use ◽  
Point Of View ◽  
Right Wing ◽  
Multimodal Discourse ◽  
The Social ◽  
Core Elements ◽  
The Media ◽  
Right Wing Populism ◽  
The One ◽  
The Relationship

AbstractFrom a theoretical and empirical linguistic point of view, this paper emphasizes the importance of the relationship between populism and the media. The aim of this article is to explore the language use of the Spanish right wing populism party Vox on the basis of its multimodal postings on the social network Instagram. For the analysis of their Instagram account, a suitable multimodal discourse analysis (MDA) provides a variety of methods and allows a theoretical integration into constructivism. A hashtag-analysis reveals that Vox’s ideology consists of a nativist and ethnocentric nationalism on the one hand and conservatism on the other. With a topos analysis, the linguistic realisations of these core elements are illustrated with two case studies.

The Traitor and the Hedonist: The Mythology of Motherhood in Two New Zealand Child Abuse Cases

2011 ◽  
Vol 139 (1) ◽  
pp. 42-52 ◽  
Author(s):  
Linda Jean Kenix
Keyword(s):  
Child Abuse ◽  
Civil Society ◽  
New Zealand ◽  
Qualitative Analysis ◽  
Social Institutions ◽  
Media Content ◽  
Local Media ◽  
The Media

Two recent child abuse cases in New Zealand flooded the local media spotlight and captured the public's attention. In both cases, the mothers were not charged with murdering their children. Yet both mothers received extensive scrutiny in the media. This qualitative analysis found two central narratives in media content: that of the traitor and that of the hedonist. In drawing upon such archetypal mythologies surrounding motherhood, the media constructed these women as simplistic deviants who did not possess the qualities of a ‘real’ mother. These framing techniques served to divert scrutiny away from civil society and exonerated social institutions of any potential wrongdoing, while also reaffirming a persistent mythology that remains damaging to women.

scholarly journals Remix in the age of ubiquitous remix

2021 ◽  
pp. 135485652199445
Author(s):  
Abby S. Waysdorf
Keyword(s):  
Point Of View ◽  
Archival Material ◽  
History Of ◽  
Accepted Part ◽  
The Media ◽  
Contemporary Media ◽  
The Aesthetic ◽  
The Way

What is remix today? No longer a controversy, no longer a buzzword, remix is both everywhere and nowhere in contemporary media. This article examines this situation, looking at what remix now means when it is, for the most part, just an accepted part of the media landscape. I argue that remix should be looked at from an ethnographic point of view, focused on how and why remixes are used. To that end, this article identifies three ways of conceptualizing remix, based on intention rather than content: the aesthetic, communicative, and conceptual forms. It explores the history of (talking about) remix, looking at the tension between seeing remix as a form of art and remix as a mode of ‘talking back’ to the media, and how those tensions can be resolved in looking at the different ways remix originated. Finally, it addresses what ubiquitous remix might mean for the way we think about archival material, and the challenges this brings for archives themselves. In this way, this article updates the study of remix for a time when remix is everywhere.

Fratricide in Ottoman Law

Belleten ◽  
2018 ◽  
Vol 82 (295) ◽  
pp. 1013-1046
Author(s):  
Ekrem Buğra Eki̇nci̇
Keyword(s):  
Ottoman Empire ◽  
Islamic Law ◽  
Early Period ◽  
Point Of View ◽  
Potential Outcomes ◽  
Legal Principles ◽  
Legal Evidence ◽  
Political Tradition ◽  
Legal Texts

This paper considers fratricide in the Ottoman Empire from the Islamic/ Ottoman Law viewpoint. The established Turkish political tradition, which is based on the fact that the ruling power is a common patrimony of the members of the dynasty, gave rise to disastrous results in the early period of the Ottoman Empire. Since a strict succession system was not imposed during that early period of the Ottoman State, it would be the destiny of a shāhzādah (prince) which would determine his fate in becoming the next sultan. This resulted in infighting amongst the shāhzādahs. Revolting against the sultan or even planning to revolt are crimes according to Islamic/Ottoman law. The execution of those members of the dynasty who had not taken part in a revolt was legislated by the "Code of Sultan Mehmed the Conqueror," which was based on the sovereign right of the sultan accorded by Islamic Law (Orfi Hukuk). Relying on the principle of maslaha (common benefit) in Islamic law, some of the Ottoman scholars permitted fratricide as well. According to this principle, when facing two potential outcomes, the lesser of two evils is preferred. Some of the modern researchers consider this justification invalid. According to them, the execution of shāhzādahs who have not taken part in a revolt is politically correct, but contrary to Islamic law. The main contribution of this paper is to deal with the fratricide from the point of view of Islamic law by utilizing traditional legal texts and to addess to underlying Islamic legal principles behind fratricide application and what legal evidence the 'ulemā (Ottoman scholars) based their judgment on.

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