scholarly journals The Impact of (Lot Upon Dispute) Maxim on Judiciary - A Comparative Study between Islamic Jurisprudence and Positive Law in the Sultanate of Oman-: أثر قاعدة (القرعة عند التَّشَاحِّ) في القضاء – دراسة مقارنة بين الفقه الإسلامي والقانون الوضعي في سلطنة عمان –

2020 ◽  
Vol 4 (12) ◽  
Author(s):  
Fahad Khamis Ahmad Al- fahdi
Keyword(s):  
Comparative Study ◽  
Social Interactions ◽  
Legal Status ◽  
Colleges And Universities ◽  
Due Diligence ◽  
Sultanate Of Oman ◽  
Positive Law ◽  
The People ◽  
Islamic Jurisprudence ◽  
The Impact

The importance of this research lies in identifying the significance of giving due regard to the jurisprudential maxims, especially those related to judicial work. Islamic jurists have paid attention to the maxim of “lot upon dispute” to console the souls and reconcile litigants. This maxim represents the highest and loftiest degrees of social interactions in the Islamic community depending on a prudent Quranic provision and wise prophetic Sunnah. This study is divided into three subjects: First: the definitions of study terms. Second: the researcher addresses the impact of the maxim in the judiciary literature and related topics in the code of procedures, personal affairs and civil transactions. Third: the researcher mentions some exceptions of maxim and the characteristic of lot, then clarifies the legal status of the maxim. The researcher concludes the study with the most important results, such as the jurisprudential maxim combines different issues in a phase of an eloquent meaning and precise wording. Jurists adopt this maxim more than the people of law do in order to achieve justice and block the accusation door. The study refers also to the necessity that those who work in the judiciary work should consider these jurisprudential maxims through establishment and application. Judge or arbitrator shall also act upon this maxim, and seek to reconcile between people through balloting. In addition, the specialized colleges and universities shall adopt the “lot upon dispute” maxim, and exert due diligence in studying it and any subdivided contemporary issues.

COMPARATIVE STUDY ON GONO GINI'S ASSETS DUE TO A DEATH ACCORDING TO THE ISLAMIC LAW AND POSITIVE LAW

2019 ◽  
Vol 1 (1) ◽  
Author(s):  
Pardan Syafrudin
Keyword(s):  
Comparative Study ◽  
Common Property ◽  
Islamic Law ◽  
Positive Law ◽  
Community Property ◽  
Communal Property ◽  
Islamic Jurisprudence ◽  
Legal Restriction ◽  
The Common ◽  
Husband And Wife

The Common properties (community property) is an asset that the husband and wife acquired during the household lifes, which both of them is agree that after united through marriage bonds, that the property produced by one or both of them will be common property. It shows, that if there's an agreement between husband and wife before marriage (did not to unify their property), then the property produced both will not become a joint treasure. Thus, if a husband or wife dies, or divorces, then the property owned by both of them can be distributed in accordance with their respective shares, another case when the two couples are not making an agreement, then the property gained during marriage bonds can be divided into types of communal property. In Islamic law, this kind of treasure is not contained in the Qur'an or Sunnah. Nor in Islamic jurisprudence. However, Islamic law legalizes the existence of common property as long as it is applicable in a society and the benefit in the distribution of such property. In contrast to the positive law, this property types have been regulated and described in the Marriage Law, as well as the Islamic Law Compilations, which became the legal restriction in the affairs of marriage in force in Indonesia. In this study, the author tries to compile the existence of common property according to the Islamic law reviews and positive law.

scholarly journals The Jurisprudential Maxim (Translator’s Statement is Absolutely Accepted) Between Islamic Law and Civil Procedures Law in the Sultanate of Oman And Contemporary Applications: القاعدة الفقهية: (يُقبل قول المترجم مطلقا) دراسة مقارنة بين الفقه الإسلامي وقانون الإجراءات المدنية والتجارية في سلطنة عمان

2020 ◽  
Vol 6 (3) ◽  
Author(s):  
Fahad Khamis Ahmad Al-Fahdi
Keyword(s):  
Legal Status ◽  
Islamic Law ◽  
Sultanate Of Oman ◽  
Islamic Jurisprudence ◽  
Judicial Ruling ◽  
The Law ◽  
Definition Of ◽  
Education Courses ◽  
Civil Procedures ◽  
Single Statement

This research aims at clarifying the significance of and studying and establishing the jurisprudential maxims, especially those related to the judiciary so that they help judges in their work, muftis in their understanding and students in their memorization. The maxim of (Translator’s Statement is Absolutely Accepted) is a great maxim since it represents a principle in the judicial ruling. This research is a new addition to the comparative jurisprudential literature, an approach between Islamic jurisprudence and contemporary law, and a manifestation of the greatness of Islamic Sharia that cares for all aspects of life. This research is divided into two subjects: First: the definition of terms such as maxim, jurisprudence and law in three sections. Second: the explanation and establishment of the maxim and the legal status in four sections, as well as the judicial applications. The researcher concludes the study with the most important results, that of the jurisprudential maxims combine different issues in simple eloquent phrases, and that the procedures law has noble Sharia purposes, represented in caring for the interests of people and achieving the highest meanings of integrity and justice. The Islamic jurisprudence pays attention to the maxims of the rules of procedures more than the positive laws do. The law considers the Islamic Jurisprudence regarding the translator issue, unless in oath-taking. Translators shall be fair, familiar with both languages, and accepts a single statement. Among the most important recommendations: the provisions of jurisprudential maxims shall be contained in bills, and the judges shall consider the maxim in all filed cases. In addition, education courses should be held for translators so that they know the procedures of the progress of cases in courts, and the criticality of accuracy.

The Northern Homefront

2016 ◽  
Author(s):  
Nicole Etcheson ◽  
Cortney Cantrell
Keyword(s):  
Civil War ◽  
African Americans ◽  
Catholic Church ◽  
Legal Status ◽  
Total War ◽  
The North ◽  
The People ◽  
The Status ◽  
Work Family ◽  
The Impact

During the Civil War, the entire North constituted the homefront, an area largely removed from the din and horror of combat. With a few exceptions of raids and battles such as Gettysburg, civilians in the North experienced the war indirectly. The people on the homefront mobilized for war, sent their menfolk off to fight, supplied the soldiers and the army, coped without their breadwinners, and suffered the loss or maiming of men they loved. All the while, however, the homefront was crucially important to the course of the war. The mobilization of northern resources—not just men, but the manufacture of the arms and supplies needed to fight a war—enabled the North to conduct what some have called a total war, one on which the Union expended money and manpower at unprecedented levels. Confederate strategists hoped to break the will of the northern homefront to secure southern independence. Despite the hardships endured in the North, this strategy failed. On the homefront, women struggled to provide for their families as well as to serve soldiers and the army by sending care packages and doing war work. Family letters reveal the impact of the war on children who lost their fathers either temporarily or permanently. Communities rallied to aid soldiers’ families but were riven by dissension over issues such as conscription and emancipation. Immigrants and African Americans sought a new place in U.S. society by exploiting the opportunities the war offered to prove their worth. Service in the Union army certainly advanced the status of some groups, but was not the only means to that end. Nuns who nursed the wounded improved the reputation of the Catholic Church and northern African Americans used the increasingly emancipationist war goals to improve their legal status in the North. The Civil War altered race relations most radically, but change came to everyone on the northern homefront.

scholarly journals Impact of COVID-19 on education sector in Uttarakhand

2021 ◽  
Vol 5 (S3) ◽  
Author(s):  
Neema Gupta ◽  
Megha Sharma ◽  
Mohit Rastogi ◽  
Anshu Chauhan ◽  
Vipin Jain ◽  
...  
Keyword(s):  
Online Learning ◽  
Sampling Method ◽  
Close Association ◽  
Colleges And Universities ◽  
Education Sector ◽  
Sound System ◽  
The People ◽  
Convenience Sampling ◽  
The Impact ◽  
Structured Questionnaire

COVID-19 pandemic has adversely impacted the whole education system across the world. Approximately 2 billion students have been impacted due to the closures of school, colleges and universities in the context to corona virus pandemic at the mid of May 2020. In context to the problems due to COVID-19 pandemic, experienced by the people, having close association with the education sector, the research is conducted to determine the impact of COVID-19 on education sector in Uttarakhand. Collection of data was done with the help of self structured questionnaire and it was distributed to 186 respondents of colleges and universities of Uttarakhand. Questionnaire was prepared in a Google-form. Collection of data was done with the help of convenience sampling method. In order to extract the factors from my study ie. “Impact of COVID-19 pandemic on education sector in Uttarakhand”, exploratory factor analysis is used. Data analysis is done with the help of SPSS and Microsoft Excel.The extracted factors in this study were Rise in unemployment, Online learning will act as a critical lifeline for education Salary, payment to the employees irrespective of their capability, Lack of technological knowledge to access the online learning method, Requirement of technically sound system.

scholarly journals Da Prisão por Dívida Alimentar e o Pacto de San José da Costa Rica

2016 ◽  
Vol 11 (2) ◽  
Author(s):  
Guilherme Domingos De Luca ◽  
Laura Bazzote Borges
Keyword(s):  
Costa Rica ◽  
Child Support ◽  
Legal Status ◽  
Sao Paulo ◽  
Constitutional Amendment ◽  
São Paulo ◽  
San Jose ◽  
Positive Law ◽  
The Impact ◽  
Support Order

DA PRISÃO POR DÍVIDA ALIMENTAR E O PACTO SAN JOSÉ DA COSTA RICA  IMPRISONMENT FOR NONCOMPLIANCE WITH CHILD SUPPORT ORDER AND THE PACT OF SAN JOSE, COSTA RICA   Guilherme Domingos de Luca*Laura Bazotte Borges**  RESUMO: O presente estudo, inserido na linha de pesquisa “Fundamentos dogmáticos da experiência Jurídica”, visa a analisar o instituto da “Prisão civil por dívida alimentar na relação de parentesco em face do impacto gerado pelo Pacto de San José da Costa Rica”, sob enfoque da aplicação do instituto dos alimentos na relação de parentesco. Em razão das controvérsias, será estudado o status normativo ao qual o Pacto foi elevado no ordenamento jurídico brasileiro, em decorrência da promulgação da Emenda Constitucional nº 45/2004. A pesquisa foi pautada na análise de doutrinas, em especial das obras de direito de família, buscando apontar o status normativo do Pacto, visto que este tratado prevê a prisão civil do inadimplente da obrigação alimentar, após a promulgação da Emenda Constitucional nº 45/2004. Trata-se da metodologia dedutiva, que levou em consideração as comparações bibliográficas, para se concluir qual a real importância desta norma internacional no direito positivo vigente. PALAVRAS-CHAVE: Alimentos. Prisão Civil. Pacto de São José da Costa Rica. ABSTRACT: This study aims to analyze the institute of “civil imprisonment for noncompliance with child support order in face of the impact generated by the Pact of San José, Costa Rica”. Because of the controversy, the legal status of this Pact in the Brazilian legal system and the implications of the enactment of Constitutional Amendment 45/2004 will be studied. The research was based on the analysis of opinions from legal theorists, especially in the family law field, seeking to identify the legal status of the Pact, since this treaty enables the imprisonment for noncompliance with child support order and was enacted after the Constitutional Amendment 45/2004, which forbids civil imprisonment. Through a deductive methodology, which took into account comparative literature, this research will help to dimension the real importance of this Pact in the current positive law.  KEYWORDS: Child Support. Civil Imprisonment. Pact of San Jose, Costa Rica. SUMÁRIO: SUMÁRIO: Introdução. 1 Origem e Conceituação. 2 Condições para se Decretar a Prisão Civil. 3 Ingresso dos Tratados no Ordenamento Jurídico Brasileiro. 4 Controvérsias do Status Jurídico da Prisão Civil. 5 Da Análise Jurisprudencial. Considerações Finais. Referências.* Mestre em Teoria do Direito e do Estado pelo Centro Universitário Eurípedes de Marília (UNIVEM), São Paulo. Especialista em Direito do Trabalho e Previdenciário pela Pontifícia Universidade Católica de Minas Gerais. Bolsista CAPES/PROSUP.** Especialista em Direito do Trabalho e Previdenciário pelo Centro Universitário Eurípedes de Marília (UNIVEM), São Paulo.

scholarly journals A Comparative Study of Maṣlaḥah and Mischief Rule: Pakistani Perspective

2021 ◽  
Vol 11 (1) ◽  
pp. 335-354
Author(s):  
Naseem Razi
Keyword(s):  
Comparative Study ◽  
Common Law ◽  
Golden Rule ◽  
Legal Systems ◽  
Economic Issues ◽  
The People ◽  
The Everyday ◽  
Islamic Jurisprudence ◽  
Almost All ◽  
The Way

At present, almost all the legal systems are concerned with establishing a flexible interpretive policy to make the law to resolve the everyday complex issues for the benefit of the people at large. It is, however, a matter of great concern that the higher courts in Pakistan are still following static and foreign interpretive modes like a literal rule, the golden rule, and mischief rule etc, in the presence of dynamic interpretive principles of Islam. In this context, this research aims to analyze critically, the mischief rule and to present maslahah, a vibrant Islamic interpretive principle. This article argues that the Holy Prophet (SAW), his companions and the traditional Muslim jurists had to decide the contemporary issues by the way of maṣlaḥah which led to the development of Islamic jurisprudence and resulted in the ease of the people. While interpretive rules of English common law are static and have become outdated. This research, thus, concludes that unlike mischief rule, maslaha is more flexible and favorable by Islam for resolving the present-day socio-economic issues of the people. It recommends the higher courts of Pakistan to follow the principle of maṣlaḥah during the process of interpretation. It is also acclaimed that the Renaissance of this vibrant principle of ijtihād would be a revival of the interpretive policy of the Prophet (SAW), his companions and the traditional Muslim jurists. It would also lead to the development of Islamic jurisprudence in the light of changed context.

scholarly journals Legal Synchronization between Government Policy and Sharia Concepts on Lockdown Discourse during the Covid 19 Pandemic

AL- ADALAH ◽  
2021 ◽  
Vol 18 (1) ◽  
pp. 17-34
Author(s):  
Zefrizal Nurdin
Keyword(s):  
Large Scale ◽  
Legal Status ◽  
Islamic Law ◽  
Medical Personnel ◽  
Government Policies ◽  
Positive Law ◽  
Disaster Area ◽  
The People ◽  
Restriction Policy ◽  
Social Restriction

This article aims to analyze government policies related to Large-Scale Social Restriction Policy (PSBB), known as lockdown,  through the concept of Islamic law to find legal synchronization between the policy and the concept of sharia. The problem that will be answered in this study is how Islamic law regulates PSBB when an infectious disease occurs, and whether the PSBB policy has been intertwined with the provisions of the Shari'ah. This research is a normative-juridical that focuses on the problem of synchronization between the two legal systems; sharia and positive law. The results show that Shari'a provisions explicitly require that a lockdown be imposed for anyone and any interest (including collective worship activities) in an infectious area, except for medical personnel carrying out the mandate to provide health services to the community. Prohibition of going out or entering the disaster area can lead to the legal status of haram (strongly prohibited) or makruh (Lessly prohibited) depending on the level of emergency it causes based on information from medical experts. Thus there is a legal synchronization between the provisions of the Shari'a and government policies related to the lockdown, the policies that must be adhered to by citizens for the safety of the individuals and the people as well.Keywords: Covid-19, PSBB, synchronization of law. 

Research Participation Experiences of Informants of Suicide and Control Cases

Crisis ◽  
2010 ◽  
Vol 31 (5) ◽  
pp. 238-246 ◽  
Author(s):  
Paul W. C. Wong ◽  
Wincy S. C. Chan ◽  
Philip S. L. Beh ◽  
Fiona W. S. Yau ◽  
Paul S. F. Yip ◽  
...  
Keyword(s):  
Ethical Issues ◽  
Research Participation ◽  
Self Report ◽  
Initial Contact ◽  
Psychological Autopsy ◽  
Autopsy Study ◽  
The People ◽  
And Control ◽  
The Impact

Background: Ethical issues have been raised about using the psychological autopsy approach in the study of suicide. The impact on informants of control cases who participated in case-control psychological autopsy studies has not been investigated. Aims: (1) To investigate whether informants of suicide cases recruited by two approaches (coroners’ court and public mortuaries) respond differently to the initial contact by the research team. (2) To explore the reactions, reasons for participation, and comments of both the informants of suicide and control cases to psychological autopsy interviews. (3) To investigate the impact of the interviews on informants of suicide cases about a month after the interviews. Methods: A self-report questionnaire was used for the informants of both suicide and control cases. Telephone follow-up interviews were conducted with the informants of suicide cases. Results: The majority of the informants of suicide cases, regardless of the initial route of contact, as well as the control cases were positive about being approached to take part in the study. A minority of informants of suicide and control cases found the experience of talking about their family member to be more upsetting than expected. The telephone follow-up interviews showed that none of the informants of suicide cases reported being distressed by the psychological autopsy interviews. Limitations: The acceptance rate for our original psychological autopsy study was modest. Conclusions: The findings of this study are useful for future participants and researchers in measuring the potential benefits and risks of participating in similar sensitive research. Psychological autopsy interviews may be utilized as an active engagement approach to reach out to the people bereaved by suicide, especially in places where the postvention work is underdeveloped.

DAMPAK PENGELOLAAN SAMPAH PADA KESEHATAN MASYARAKAT DI TPA

2019 ◽  
Vol 5 (2) ◽  
Author(s):  
Emilda Emilda
Keyword(s):  
Public Health ◽  
Hand Hygiene ◽  
Waste Management ◽  
Qualitative Data ◽  
Water Storage ◽  
Health Impact ◽  
Clean Water ◽  
The People ◽  
Clean Environment ◽  
The Impact

The limitations of waste management in the Cipayung Landfill (TPA) causing a buildup of garbage up to more than 30 meters. This condition has a health impact on people in Cipayung Village. This study aims to analyze the impact of waste management at Cipayung Landfill on public health in Cipayung Village, Depok City. The research is descriptive qualitative. Data obtained by purposive sampling. Data was collected by interviews, observation and documentation. Based on interviews with 30 respondents, it was found that the most common diseases were diarrhea, then other types of stomach ailments, subsequent itching on the skin and coughing. This is presumably because the environmental conditions in the form of unhealthy air and water and clean and healthy living behaviors (PHBS) have not become the habit of the people. The results indicated that there were no respondents who had implemented all of these criteria. In general respondents have implemented  3 criteria, namely maintaining hair hygiene, maintaining skin cleanliness, and maintaining hand hygiene. While maintaining clean water storage is the most often overlooked behavior. To minimize this health impact, improvements in waste management in Cipayung landfill are needed along with continuous socialization and education to develop PHBS habits and the importance of maintaining a clean environment.

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