Khiyar Majlis Dalam Jual Beli: Analisis Takhrij Hadits Dan Pendapat Para Ulama

AKADEMIKA ◽  
2015 ◽  
Vol 9 (2) ◽  
pp. 176-188
Author(s):  
Khozainul Ulum

Buying and selling transaction has always become an important means for people to obtain what they want. Due to the transaction, the transfer of property ownership from one person to another can occur legally. To guarantee the rights of individual engaged in the transaction, Islam has introduced the so-called  khiyar, namely the right of each individual to determine whether the transaction could be held or not. The khiyar in any buying and selling transaction is not but to solely embody the principle of 'an taradin, the willingness to involve in buying and selling transaction between sellers and buyers.

Author(s):  
Xinxin Sun ◽  
Wenkui Jin

AbstractRehabilitation robots are becoming an important means of assisted living for the elderly, and the appearance of rehabilitation robots directly affects the willingness of the elderly to interact with the robots. Much of the current research on robot appearance preferences relies solely on subjective evaluations, which are relatively cheap, but do not reach deep into the brain to get an accurate grasp of how humans respond to robot appearance. Using electroencephalogram signal and questionnaire survey, we studied the preference of the elderly for abstract and figurative robots. The experimental materials are derived from the pictures of 10 robots in the market. The electroencephalogram signal are collected by BrainVision Recorder and processed by BrainVision Analyzer, as well as SPSS statistical analysis. Experiment shows that the peak of figurative robot pictures is higher and the fluctuation is more intense from 350 ms to 600 ms in the central region and the right half of parietal region. While the peak of abstract robot pictures is higher and the fluctuation is more intense in the prefrontal region, and the difference between abstract robot and figurative robot is not obvious in the occipital region. Based on the electroencephalogram signal and experimental results, it provides the possibility for objective preference evaluation of the elderly to the robot designed features.


Hegel's Value ◽  
2021 ◽  
pp. 105-149
Author(s):  
Dean Moyar

This chapter is a reading of “Abstract Right” that demonstrates the centrality of value and inference to the account. Hegel’s account unfolds private property as the immediate expression of the free will in the external world. When the argument turns toward the use of property, Hegel’s account of value comes to the fore as the universality of property ownership that is implicit in the right to use what one owns. While dealt with only briefly in the published Philosophy of Right, value gets a much more extensive treatment in the 1824–1825 lectures, where it becomes the main concept for understanding the process and result of the alienation of property. The chapter shows that the transition from alienation to contract brings Hegel’s account of mutual recognition to the fore along with an inferential equivalence form of value. Equivalence of value is a central dimension of punishment, but that equivalence can be secured only with the transition to the moral will.


Author(s):  
Madeline Y. Hsu

Asian immigration tested American ideals of equality, forcing the issue of whether all racial groups could be integrated into the United States. “Race and the American Republic” describes the various laws—including the 1790 Nationality Act, which limited the right of citizenship by naturalization to “free white persons”; the 1913 Alien Land Law; and the 1917 Barred Zone Act—that shaped attitudes and institutional practices regarding whether and how Asians could claim rights and belonging. Exclusion at the borders paralleled laws that enacted forms of segregation domestically. The cornerstones of successful integration into American lives—citizenship, property ownership, and mixed-race marriage—were made unavailable to later Asian immigrants.


Author(s):  
Karimuddin ◽  
Khairun Asyura ◽  
Syamsul Bahri ◽  
Syarkawi ◽  
Nurul Husna ◽  
...  

Any person who has sufficient assets may inherit a portion of the assets as long as it does not harm the heirs and people who are forced to intend or will not intentionally in their will, the will is invalid. The person who has the will must fulfill the requirements, including adults, sensible, independent and of his own will. So it is not a will made by a minor child and a crazy person. In other cases when the testament inherits the estate and then he cancels the will, or the will inherits more than a third of the total assets but the heir cancels the will, then there will be a problem regarding the legality of the will and the status of ownership of the estate after the cancellation of the will. Based on these problems, a study is made to find a legal clarity that could be a reference for every policy maker. The results of the study and research can be concluded, al-Syafi'iyyah states that a will is only valid within a third of the inheritance as long as there is no permission from the heirs to testate to more than one third of the assets. exceeds the said level. A will also becomes nullified if a person who has a will cancels his will or inherited property no longer belongs to someone who has a will. Ownership of a will after the will is canceled depends on the reason and the person who cancels it. If the cancellation is carried out by the willor then the property is returned to the will of the testator, but if the cancellation of the will is due to a will that exceeds one third of the assets then the will is the right of the heir.


Al-Ahkam ◽  
2015 ◽  
Vol 25 (2) ◽  
pp. 221
Author(s):  
Alaa Adel Alobaid ◽  
Younes Soalhi

Waqf is considered to be one of the most important institutions of voluntary sector which exists in the Islamic heritage. Waqf have a dual function; religious and social, which makes it still always exist until today. In performing its role, waqf institutions will face the problems of the management of waqf. Blurring property ownership of institutions of social charity with waqf property, is one of the problems experienced by those waqf institutions. Besides that what needs to be done if the results of the management of waqf property is still lacking to fulfill the rights of mawqūf ‘alayh or oppositely. The other problem is about the right of mawqūf ‘alayh to rent waqf property below the standard prices. This paper aims to describe the problems mentioned above as well as effort to solve the problems in authoritative Islamic perspectives. One of the methode is the implementation of tarjīḥ to the scholars argumentations.


2018 ◽  
Vol 4 (3) ◽  
pp. 392-421
Author(s):  
Zupei Li

The program ‘Projects to Villages’ ( xiangmu jincun) is an important means by which the Chinese government distributes resources to grassroots villages, and it has gained popularity in recent years. ‘Projects to Villages’ has introduced a new group of players into the village governance body—village cadres designated in this study as ‘neo-agents’. The term explains a newly emerged grassroots power base that was created by the government’s ‘Projects to Villages’ initiatives. With the intense competition for projects among villages, people with the right political and personal skills, broad networks, and less vested interest in the village have been able to step onto the political stage and gain power. Contrary to the essential need for developing long-term effective rural leadership, these neo-agents practice a type of short-term, interest-focused governance. They do not provide a solution to the governance quandary experienced in villages since the rural taxation reform in 2002; instead, given the availability of state resources, they help further consolidate the existing village power structure. The study also compares neo-agents with the traditional power agents of gentry, local elites, and government officials. Four aspects of governance, including foundation of authority, mechanism of power transfer, structure of governance, and effectiveness of governance are discussed in hopes of stimulating further academic and practical interest in the subject.


2019 ◽  
Vol 34 (1) ◽  
pp. 130-154 ◽  
Author(s):  
Anne Meneley

This essay examines how meanings and practices of walking, particularly quantified walking, change according to place. Drawing together my own experience with a wearable computing device called a Fitbit at home and in my field site, East Jerusalem and the occupied West Bank of Palestine, I compare quantified walking and its focus on the self with other forms of walking that highlight place. I examine the relationship between self-monitoring and other-monitoring, especially in relation to walking in Palestine, and I explore how genres of mobility like nature walking or playing Pokémon GO might unfold differently in an occupied territory where the right to move is highly contested. I also explore Palestinian genres of walking, including the wander (sarha). In Palestine, walking becomes an important means not for pursuing personal health, but for cultivating a wider health of the land and knowledge of the nurturing relationship between land and the people who walk across it. Such practices of walking with or walking together can, I conclude, function as forms of kinwork. خلاصة يعالج هذا المقال طرائق تغير معاني وممارسات المشي على الأقدام، ولا سيما المشي المكمم (quantified walking)، وفقا للمكان. فاعتمادا على تجربتي الخاصة في استخدام جهاز حاسوب يدعى Fitbit والذي يمكن ارتداؤه ، في المنزل وفي مواقع بحثي الميداني في القدس الشرقية والضفة الغربية المحتلة في فلسطين، أقارن بين المشي المكمم واعتماده على الذات وبين أنواع أخرى من المشي التي تبرز المكان. كما وأقوم بفحص العلاقة بين المراقبة-الذاتية ومراقبة-الآخر، وخاصة فيما يخصّ المشي في فلسطين . وأستكشف أيضا إمكانية تجلّي أنواع متعددة من التنقل مثل التنزّه في الطبيعة ولعب بيكومون-غو (Pokémon GO) في منطقة محتلة حيث تخضع حرية الحركة إلى محدودية كبيرة. وأكاشف أيضا أنواعا من المشي على الأقدام في فلسطين بما في ذلك التنزّه (سرحة). إذ أصبح المشي على الاقدام في فلسطين بعيدا عن أن يكون وسيلة لتحسين الصحة الفردية، بل تحول إلى وسيلة هامة لتنمية علاقة راعية بين الأرض والناس الذين يسيرون عليها. وأخلص في نهاية المقال إلى النتيجة التي ترى أن الممارسات كالمشي معا أو كالمشي جماعةً تقوم مقام عمل-الأقارب (kinwork).


2021 ◽  
Vol 03 (05) ◽  
pp. 166-180
Author(s):  
Youssef GUEROUAOUI

Communication is at the core of human relations. It is one of the most ‎important means of achieving human integration. It is present in all areas ‎and in all other circumstances.‎ Today, communication has become an independent knowledge of itself ‎and one of the most important sciences taught in schools, universities, ‎institutes and training centres in order to regulate its rules, acquire its skills ‎and promote its culture in order to achieve an integrated structure in all ‎spheres of life.‎ And what we're interested in in this humble article is effective ‎management communication, that is, communication for and for ‎management, through which the educational leader can achieve many of the ‎goals of the educational institution to create the right environment for ‎successful communication with all those involved in education. This cannot ‎be imagined without the educational leader having a deeply rooted and ‎adequate communication culture to absorb problems and find appropriate ‎solutions.‎ In contrast, when communication is lost, the educational institution is ‎less effective, which exposes it to ill-management and indifference, it is ‎ultimately responsible for failure, infertility in management, well-being and ‎loss of educational security within and outside the institution.‎ In view of the above, the centrality of administrative communication ‎within the educational system, which is essential for raising its value and ‎giving it the status it deserves, we have the right to present the following ‎problems: How willing are educational administrative frameworks to have ‎access to an administrative and educational outreach that is at the level of ‎educational administration in general and Morocco in particular? And what ‎are the impediments to administrative communication? What is the role of ‎effective administrative communication in achieving educational security and ‎quality in educational institutions? All of that we're going to try to answer ‎with this humble intervention, which we're going to split into a group of ‎detectives as required. It is from God that we derive help, compromise and ‎payment‎. Keywords: Communication‎,‎ Administrative‎,‎ Quality‎,‎ Educational Institute.


2020 ◽  
Vol 53 (4) ◽  
pp. 468-491
Author(s):  
Rishika Sahgal

This paper is contextualised around the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006 in India, which recognises both individual and community rights of the Scheduled Tribes and other traditional forest dwellers relating to forest land and forest produce. The Forest Rights Act, along with the Panchayats (Extension to the Scheduled Areas) Act 1996, also recognises decision-making power of the Scheduled Tribes to make decisions regarding claims on forest land. The paper argues that the recognition of such participation rights, broadly understood as the right to participate in specific decisions that impact our other rights, can be an important means for strengthening democracy in India. This creates space for oppressed communities who may face exclusion in other institutions, to directly participate in decisions involving their substantive rights. It holds the potential to deepen a deliberative version of democracy, creating space for discussion and deliberation within communities while deciding questions regarding their rights, rather than a version of democracy based on interest-bargaining and power-play. Participation rights may also serve as an important tool for oppressed people to secure their substantive rights, such as the right to forest land. The paper therefore contributes to wider debates around democracy and rights. It explores what we understand by ‘democracy’, advocating for a deliberative view of democracy. It explores how democracy relates to rights, both participation rights and substantive rights. Lastly, it evaluates the design of existing participation rights - the Forest Rights Act and the Panchayats (Extension to the Scheduled Areas) Act 1996 - to examine whether these are designed to deepen deliberative democracy and secure substantive rights. It concludes that existing participation rights are flawed, but there is potential to interpret these in a manner that strengthens deliberative democracy, and the ability of participation right to secure substantive rights to forests, by relying on the Indian Supreme Court’s jurisprudence in Orissa Mining Corporation.


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