scholarly journals Cash on Delivery Payment System in Online Buying and Selling Perspective of Sharia Economic Law

2021 ◽  
Vol 8 (1) ◽  
pp. 121
Author(s):  
Moh Zarkasi ◽  
Erie Hariyanto
Keyword(s):  
Case Studies ◽  
Consumer Satisfaction ◽  
Payment System ◽  
Payment Systems ◽  
Literature Research ◽  
Economic Law ◽  
Doing Business ◽  
Qualitative Descriptive ◽  
The Law ◽  
Online Buying

Observing the phenomenon of the rise of online buying and selling with cash on delivery (COD) payment systems that are not following consumer satisfaction, this research aims to discuss the view of Sharia economic law in the process of online buying and selling with the COD payment system. This type of research is literature research, using qualitative descriptive methods. Its approach is through normative and empirical legal approaches in the form of case studies. The results of this study concluded that based on the propositions of the Qur'an and hadith and the opinions of fiqh scholars, basically doing business is allowed as long as there is no element of gambling, fraud, riba, gharar, and dharar. In the case of online buying and selling with the COD payment system, if the goods sold are halal, it is clear that the quality and quantity of goods are between those offered by the seller and those received by the buyer; the payment is no element of fraud and addition, except for the postage agreed at the beginning, then according to Sharia economic law, the law can (mubah). However, conversely, if the practice of buying and selling online with COD payments, there are elements of gharar (unclear goods), riba (additional price without replacement), tadlis (fraud), and dharar (danger) that have an impact on harming sellers or buyers, then the law is haram.

scholarly journals Euthanasia dalam Pandangan Moral, Kode Etik Kedokteran dan Perspektif Hukum Islam

2020 ◽  
Vol 5 (2) ◽  
pp. 182
Author(s):  
Zilfania Rahmawati ◽  
Ashif Az Zafi
Keyword(s):  
Islamic Law ◽  
Code Of Ethics ◽  
Human Life ◽  
Scientific Study ◽  
Literature Research ◽  
Moral Perspective ◽  
Differences Of Opinion ◽  
Qualitative Descriptive ◽  
Points Of View ◽  
The Law

<p><em>The practice of euthanasia in medicine has become a topic that raises various discussions when viewed from different points of view.</em><em> </em><em>The existence of differences of opinion that arise from the practice of euthanasia is normal because the practice is related to human life.</em><em> </em><em>Based on this, this scientific study aims to determine euthanasia from a moral perspective, a medical code of ethics and in the perspective of Islamic law.</em><em> </em><em>The process of collecting data from scientific studies was carried out by means of literature research using qualitative descriptive methods in presenting and analyzing the data obtained.</em><em> </em><em>The results of the study show how euthanasia practices are in accordance with the medical code of ethics, moral views and how the law is in Islam.</em></p><p><em><br /></em></p><p>Praktik Euthanasia dalam kedokteran menjadi hal yang menimbulkan berbagai perbincangan bila dilihat dari sudut pandang yang berbeda. Adanya perbedaan pendapat yang muncul dari praktik euthanasia merupakan suatu kewajaran karena praktik tersebut berhubungan dengan nyawa manusia. Berdasarkan hal tersebut studi ilmiah ini bertujuan untuk mengetahui euthanasia dalam pandangan moral, kode etik kedokteran dan dalam perspektif hukum Islam. Proses pengumpulan data studi ilmiah ini dilakukan dengan cara penelitian literatur menggunakan metode deskriptif kualitatif dalam penyajian dan anlisis data yang diperoleh. Hasil dari penelitian menunjukkan bagaimana praktik euthanasia yang sesuai kode etik kedokteran, pandangan moral dan bagaimana hukumnya dalam agama Islam.</p>

PROSPECTS FOR THE DEVELOPMENT OF THE LEGAL MECHANISM FOR THE FUNCTIONING OF PAYMENT SYSTEMS

2020 ◽  
Vol 13 (3) ◽  
pp. 079-084
Author(s):  
ELIZAVETA SALINA ◽  
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Payment System ◽  
State University ◽  
Payment Systems ◽  
Proper Functioning ◽  
Money Transfer ◽  
Level Of Significance ◽  
Transfer Services ◽  
Legal Mechanism

1 Lomonosov Moscow State University, Moscow, Russia The presented research reveals an approach to the construction of a legal mechanism for the functioning of payment systems. The proposed approach is based on the application of the principles of legal regulation. The purpose of a work is to determine the existing legal mechanism for the functioning of payment systems, identify its drawbacks and propose a new approach to legal regulation to ensure the proper functioning of payment systems. The proposed approach to legal regulation takes into account the specifics of the functioning of payment systems, which consists in the presence of three elements in its activities: institutional, procedural and organizational. These elements reflect the subject structure of the payment system, the process of providing money transfer services by them, and the ways in which payment system entities interact during providing payment services. Each of the elements must be defined within the legal framework of the payment system to ensure its proper functioning. The proposed principles of legal regulation take into account the features of these elements, in particular, the principles are classified into three groups, depending on the element they affect. The paper describes ways to implement the principles in the legal mechanism: the possibility of their direct application, depending on the type of significance of the payment system, is analyzed. It is also concluded that the implementation of the principles in the legal mechanism will reduce the regulatory burden on payment systems by using an approach depending on the level of significance of the payment system. The paper defines the role of the principles, which is that the principles allow to eliminate the legal gaps in the legislation on the national payment system, and prevent the emergence of new gaps.

The New Terrain of International Law

2014 ◽  
Author(s):  
Karen J. Alter
Keyword(s):  
International Law ◽  
Case Studies ◽  
Domestic Politics ◽  
Political Influence ◽  
The Political ◽  
International Courts ◽  
Constitutional Review ◽  
Delegation Of Authority ◽  
The World ◽  
The Law

In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. This book charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The book presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, the book argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. The book explains how this limited power—the power to speak the law—translates into political influence, and it considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.

ANALYSIS OF THE SCO NATIONAL PAYMENT SYSTEMS AND PROPOSALS FOR OPTIMIZATION OF THE SETTLEMENTS IN SCO

2020 ◽  
Vol 2 (6) ◽  
pp. 147-158
Author(s):  
L. N. KRASAVINA ◽  
◽  
L. I. KHOMYAKOVA ◽  
Keyword(s):  
External Factor ◽  
Digital Technologies ◽  
Central Banks ◽  
Payment System ◽  
Payment Systems ◽  
Shanghai Cooperation Organization ◽  
Regional Features

The article discusses the features of the functioning of national payment systems of the countries of the Shanghai Cooperation Organization (SCO). The specifics of the payment systems of the SCO countries are revealed, the emphasis is placed on their regional features. The role of central banks in ensuring the stable and safe functioning of national payment systems is highlighted. The importance of the supervisory function of central banks in order to control the payment system operators of the SCO countries is emphasized. Forecasts of the development of remote and digital technologies in the payment sector are given taking into account the influence of a new external factor (pandemic).

scholarly journals Memory and the law: Insights from case studies

Memory ◽  
2013 ◽  
Vol 21 (5) ◽  
pp. 545-546 ◽  
Author(s):  
Mark L. Howe ◽  
Martin A. Conway
Keyword(s):  
Case Studies ◽  
The Law

Datenmacht

2021 ◽  
Author(s):  
Simon Deuring
Keyword(s):  
Case Studies ◽  
Legal System ◽  
Industry 4.0 ◽  
Technological Development ◽  
Free Market ◽  
Balance Of Power ◽  
Cost Reductions ◽  
New Business ◽  
The Law

Data shifts the balance of power in the economy dramatically. However, digitisation also offers a multitude of opportunities: the development of new business areas, cost reductions and personalised offers. The increasing speed of technological development forces the legal system to tread on thin ice. Is the key in a regulated or free market? The book shows risks and opportunities of both options, as well as the strengths and weaknesses in European and national law. By using the latest case studies and entering new areas of the law, the book explores the question of how the Industry 4.0 should be designed.

International Economic Law Tribunals and Global Social Justice

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Frank J. Garcia
Keyword(s):  
International Economic ◽  
Social Justice ◽  
Social Issues ◽  
Structural Features ◽  
The Core ◽  
Economic Law ◽  
International Economic Law ◽  
The Law ◽  
Principles Of Justice ◽  
International Adjudication

Abstract International courts play a key role in the attainment of global social justice objectives. The core contributions of international adjudication to global social justice are, not surprisingly, in line with the core functions of adjudication: the enforcement of substantive rights in a setting of fair procedures. Fully realizing the potential for justice inherent in this role is limited, however, by certain institutional and structural features unique to international adjudication. This article analyzes these opportunities, challenges, and background conditions in the context of international economic law (IEL) adjudication, where the results are mixed. For example, one can see in the case of the World Trade Organization (WTO) evidence of institutional and doctrinal evolution, albeit uneven, toward more substantively progressive outcomes. In the case of the foreign investment regime, however, one can see evidence of this regime retarding global social justice rather than advancing it. This makes it all the more important that all judges and arbitrators in IEL adjudications consider carefully the interpretive, remedial, and progressive roles that principles of justice can play in adjudication, particularly in the face of any deficiencies in procedural or substantive justice in the law or forum within which they operate. The work of IEL adjudication offers a number of possible sites for interpretive practices according to principles of justice, such as the resolution of disputes involves difficult interpretive questions centered around fairness and unfairness; equality and inequality of treatment; the scope of exceptions; and the meaning of evolutionary terms. Capitalizing on these opportunities and moving IEL adjudication toward global social justice requires what effective judging always requires: a vision of the goals of the institutions and regimes in question; an understanding of the social issues the regime either was created to address or touches incidentally through its actions and externalities; careful attention to the relationships among the relevant actors and their expectations; and a sophisticated understanding of the legal context and legislative history of the law in question.

Criminal Litigation

2021 ◽  
Author(s):  
Lisa Mountford ◽  
Martin Hannibal
Keyword(s):  
Case Studies ◽  
Legal Practice ◽  
Criminal Cases ◽  
Realistic Case ◽  
Online Documentation ◽  
The Law

Criminal Litigation offers a guide to the areas of criminal litigation covered in the Legal Practice Course. Making use of realistic case studies backed up by online documentation, the text combines theory with practical considerations and encourages a focus on putting knowledge into a practical context. The volume covers all procedural and evidential issues that arise in criminal cases. The more complex areas of criminal litigation are examined using diagrams, flowcharts, and examples, while potential changes in the law are highlighted. This edition has been fully revised to reflect the most recent law and practice in all aspects of criminal litigation.

scholarly journals Public and Private Ownership in the Iranian Constitution: Principle 44, A Barrier for Development

2017 ◽  
Vol 10 (4) ◽  
pp. 73
Author(s):  
Ahmad Torabi
Keyword(s):  
Case Studies ◽  
Economic Impacts ◽  
Private Ownership ◽  
Public Ownership ◽  
Public And Private ◽  
The Third ◽  
Public Property ◽  
Legal Challenges ◽  
The Law ◽  
The Government

The Iranian legislator has sought to protect public property and public ownership in the Iranian Constitution in accordance with Islamic principles, terms and procedures. There are a number of principles that have been directly applied to this purpose; however, one principle has had a very significant impact on government domination of the economy of Iran: principle 44. This principle does not directly describe public property; rather, it aims to determine the areas that are under public ownership and are administered by the government. However, the principle has some contradictions and legal challenges in itself. In addition, the supplementary law that has been enacted to provide the areas for the enforcement of principle 44 fails to secure the aims of the legislator. Therefore, this paper analyses legal challenges of the principle, as well as its supplementary law, and gives suggestions to solve the challenges.This paper is divided into four sections. The first section provides an analysis of the principle itself, and its relationship and consistency with other principles of the constitution. In the second section, the Law of Implementation of Principle 44 and the legal challenges that arise from it will be discussed. The third section focuses on the negative economic impacts of this law, as well as case studies of it. Lastly, the paper provides a summary of suggestions to amend this law.

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