scholarly journals Contextualization of Maslahah Jasser Auda’s Thought in Islamic Economy

2021 ◽  
Vol 4 (1) ◽  
pp. 132-155
Author(s):  
Achmad Fageh
Keyword(s):  
Islamic Banking ◽  
Economic Sector ◽  
Moral Concept ◽  
The World ◽  
The Law ◽  
Economic Interactions

The Division of Maslahah can be deduced into five kinds, namely; (1) based on the purpose of the day/Time, (2) based on the level of necessity, (3) based on its coverage (range), (4) based on the presence or absence of changes and (5) based on the presence or absence of the Shariah in the assignment. Maslahah based on the purpose of his day divided into two levels, namely;  Maslahah the world and the Hereafter." Maslahah the world is the obligation or rule of Shara ' related to the laws of Muamalah instead (social and economic interactions). While Maslahah Hereafter is the obligation or restriction of Shara' about the rules of Aqidah (Tauhid) and Worship. Yasser Auda divided the Maslahah on the aspect of the need into three categories: (a) Maslahah al-Dlaruriyyah (primary benefit), (b) Maslahah al-Hajiyyah (secondary benefit) and (c) Maslahah al-Tahsiniyyah (benefit Tertiary). The concept of Maqasid offered by Auda is identical with Maslahah and the view of the Ulama about Maslahah and all type. Jasser Auda defines maqāṣīd in four meanings, first, the wisdom behind a law. Second, a good end goal that the Law was trying to achieve. Third, the divine purpose group and the moral concept are the basis of Law. Fourth, maṣālih. In the maqāṣīd idea offered by Auda, values and humanitarian principles are the most important. Auda also tried to reconstruct the old maqāṣīd concept, which is protection and preservation in the direction of the maqāṣīd theory, which refers to development and rights. The implications of the application of maqāṣid al-sharī’ah. Using the maṣlaḥah instrument in the context of the Islamic economy in Indonesia are used to fulfil the needs of sharia policies in the economic sector which do not only revolve around Islamic banking matters.

scholarly journals ISLAMIC BANKING IN INDIA: AN ALTERNATIVE BANKING SYSTEM

2015 ◽  
Vol 3 (12) ◽  
pp. 171-180
Author(s):  
Upasana Dhanda ◽  
Monika Sehrawat
Keyword(s):  
Swot Analysis ◽  
Banking System ◽  
Point Of View ◽  
Islamic Banking ◽  
Successful Implementation ◽  
Annual Growth Rate ◽  
Economic Point ◽  
The World ◽  
Pros And Cons ◽  
The Law

The Banking system in India and all over the world is based on the interest system. Interest bearing money is almost like the law of nature where money generates money. However, an alternative banking system called Islamic banking which prohibits charging of interest and is based on profit/loss sharing system became popular in many countries. Global Islamic banking assets attained compounded annual growth rate (CAGR) of around 17% from 2009 to 2013 according to the World Islamic Banking Competitiveness Report 2014-2015. The Indian Banking system has undergone many changes in the recent past with deregulation of banking system paving way for new banks in India. However, Islamic banking which has emerged as a global phenomenon lately has not evolved as a full-fledged system in India though is it operative through the NBFC route. The research paper tries to explain the concept of Islamic banking and discusses the various financial products offered by the Islamic banks. It weighs the various pros and cons of Islamic banking in India. SWOT analysis and Porter’s Five Forces Model are used to provide a thorough analysis of feasibility and scope of Islamic banking in India. The paper reveals that India has a great potential for Islamic banking provided necessary changes in the regulations and guidelines are made to evolve it has an alternative system of banking. The law makers should view it from  an economic point of view rather than a religious view for its successful implementation and  for the welfare and upliftment of financially excluded sections of society that do not participate in conventional banking due to their religious beliefs.

scholarly journals PENYELESAIAN SENGKETA PERBANKAN SYARIAH (Kritik atas Contradictio in Terminis Pasal 55 Undang-undang no. 21 Tahun 2008 Tentang Perbankan Syariah)

2016 ◽  
Vol 1 (2) ◽  
pp. 15 ◽  
Author(s):  
Thalis Noor Cahyadi
Keyword(s):  
World Society ◽  
Integrated System ◽  
Islamic Banking ◽  
Interesting Phenomenon ◽  
The World ◽  
The Will ◽  
The Law

<p>The developing of Islamic banking is an interesting phenomenon in the world society, especially in the Moslem countries. Indonesia as the biggest Moslem country has magnitude potential to develop and innovate in the integrated system especially through creating regulations and laws. However, in the process lot of problems arise, particularly in the matter of dispute resolve. The law of religious court states that the dispute of Islamic banking under its authority. But the law of sharia banking states that there is option to solve the dispute. It can be through the religious court or through the general court. It depends on the will of the parties. This article will explore about <em>contradiction in terminis</em> in the law of sharia banking.</p><em>Keyword</em>: sengketa, kewenangan, regulasi, penyelesaian, pertentangan, kontradiksi

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.

New and not so new strategies in promoting integrity with particular reference to Africa

2018 ◽  
pp. 38-74
Author(s):  
Barry Rider
Keyword(s):  
World Economy ◽  
Intelligence Community ◽  
Generational Change ◽  
Post Colonial ◽  
Self Interest ◽  
The World ◽  
The Will ◽  
The Law ◽  
Financial Intelligence ◽  
New Strategies

This article is focused on exploration not merely proposed developments in and refinements of the law and its administration, but the very significant role that financial intelligence can and should play in protecting our societies. It is the contention of the author that the intelligence community at large and in particular financial intelligence units have an important role to play in protecting our economies and ensuring confidence is maintained in our financial institutions and markets. In this article the author considers a number of issues pertinent to the advancement of integrity and in particular the interdiction of corruption to some degree from the perspective of Africa. The potential for Africa as a player in the world economy is enormous. So far, the ambiguous inheritance of rapacious empires and the turmoil of self-dealing elites in post-colonial times has successfully obscured and undermined this potential. Indeed, such has been the mismanagement, selfishness and importuning that many have grave doubts as to the ability of many states to achieve an ordered transition to what they could and should be. South Africa is perhaps the best example of a society that while avoiding the catastrophe that its recent past predicted, remains racked by corruption and mismanagement. That there is the will in many parts of the continent to further stability and security by addressing the cancer of corruption, the reality is that few have remained or been allowed to remain steadfast in their mission and all have been frustrated by political self-interest and lack of resources. The key might be education and inter-generational change as it has been in other parts of the world, but only an optimist would see this coming any time soon – there is too much vested interest inside and outside Africa in keeping things much as they are! The author focuses not so much on attempting to perfect the letter of the law, but rather on improving the ways in which we administer it.

Consciousness, law of nature, and nomological determinism

2018 ◽  
Author(s):  
Xiaoyang Yu
Keyword(s):  
Free Will ◽  
Important Thing ◽  
Law Of Nature ◽  
The World ◽  
The Law ◽  
The Brain

Nomological determinism does not mean everything is predictable. It just means everything follows the law of nature. And the most important thing Is that the brain and consciousness follow the law of nature. In other words, there is no free will. Without life, brain and consciousness, the world follows law of nature, that is clear. The life and brain are also part of nature, and they follow the law of nature. This is due to scientific findings. There are not enough scientific findings for consciousness yet. But I think that the consciousness is a nature phenomenon, and it also follows the law of nature.

Maxims

2019 ◽  
pp. 654-669
Author(s):  
Donald R. Davis
Keyword(s):  
Islamic Law ◽  
Legal Interpretation ◽  
Legal Practice ◽  
Moral Foundation ◽  
Legal Principles ◽  
Legal Traditions ◽  
The World ◽  
The Law

This chapter examines the history and use of maxims in legal traditions from several areas of the world. A comparison of legal maxims in Roman, Hindu, Jewish, and Islamic law shows that maxims function both as a basic tools for legal interpretation and as distillations of substantive legal principles applicable to many cases. Maxims are characterized by their unquestionable character, even though it is often easy to demonstrate contradictions between them. As a result, legal maxims seem linked to the recurrent desire for law to have a moral foundation. Although maxims have lost their purchase in most contemporary jurisprudence and legal practice, categories such as “canons of construction,” “legal principles,” and “super precedents” all show similarities to the brief and limited collections of maxims in older legal traditions. The search for core ideas underlying the law thus continues under different names.

scholarly journals Fish Waste: From Problem to Valuable Resource

Marine Drugs ◽  
2021 ◽  
Vol 19 (2) ◽  
pp. 116
Author(s):  
Daniela Coppola ◽  
Chiara Lauritano ◽  
Fortunato Palma Esposito ◽  
Gennaro Riccio ◽  
Carmen Rizzo ◽  
...  
Keyword(s):  
Circular Economy ◽  
Bioactive Peptides ◽  
Added Value ◽  
Environmental Concerns ◽  
Economic Sector ◽  
Valuable Resource ◽  
Fish Waste ◽  
The World ◽  
Global Population ◽  
Aquaculture Production

Following the growth of the global population and the subsequent rapid increase in urbanization and industrialization, the fisheries and aquaculture production has seen a massive increase driven mainly by the development of fishing technologies. Accordingly, a remarkable increase in the amount of fish waste has been produced around the world; it has been estimated that about two-thirds of the total amount of fish is discarded as waste, creating huge economic and environmental concerns. For this reason, the disposal and recycling of these wastes has become a key issue to be resolved. With the growing attention of the circular economy, the exploitation of underused or discarded marine material can represent a sustainable strategy for the realization of a circular bioeconomy, with the production of materials with high added value. In this study, we underline the enormous role that fish waste can have in the socio-economic sector. This review presents the different compounds with high commercial value obtained by fish byproducts, including collagen, enzymes, and bioactive peptides, and lists their possible applications in different fields.

Celibacy and Charism in 1 Cor 7:5–7

1996 ◽  
Vol 89 (1) ◽  
pp. 1-18 ◽  
Author(s):  
John C. Poirier ◽  
Joseph Frankovic
Keyword(s):  
Sexual Activity ◽  
The World ◽  
The Law ◽  
Current Circulation

The diversity among introductions to Paul is a tribute to the apostle's genius. There are two basic reasons for the diversity of opinion that exists today: First, internal incoherency—the difficulty of sorting Paul's thought into center and periphery (or event and context); and second, external incoherency—the gaps in our information about one of the most famous and interesting lives of all time. No consensus has emerged on the question of Paul's place in the world. We make this point not because this study will address the problem directly, but because we shall make inferences from one of the views in current circulation, namely that there is a basis to Paul's claim to Pharisaism (Phil 3:5). Attacking this view, some scholars have thought of him as a “would-be Pharisee” at best. We, nevertheless, think that the preponderance of evidence situates Paul in a universalist Jewish, probably Pharisaic, context. Paul believed that many of the law's prescriptions were still valid. As an illustration of Paul's belief in the continuing validity of the law, this essay attempts to show that 1 Cor 7:5–7 is best understood in the context of ritual purity concerns. These concerns include both the injunction for spouses to abstain from sexual activity for a time of prayer and Paul's defense of a celibate lifestyle within his own charismatic self-understanding.

The benefits and disadvantages of the law on the expansion of the jurisdiction of the DIFC Court

2018 ◽  
Vol 60 (2) ◽  
pp. 221-232
Author(s):  
Tareq Na’el Al-Tawil ◽  
Prabhakar Gantasala ◽  
Hassan Younies
Keyword(s):  
English Language ◽  
Geographical Area ◽  
Legal Framework ◽  
Negative Consequences ◽  
Content Type ◽  
Limited Volume ◽  
Financial Centre ◽  
The World ◽  
Long Time ◽  
The Law

Purpose This paper aims to discuss the benefits and disadvantages of the law on the expansion of the jurisdiction of the Dubai International Financial Centre (DIFC) Court. The major role of DIFC Courts in the Arab community is to handle cases related to commerce and business. For a long time, the court had been acting only in their geographical area until a new law was enacted to extend their jurisdiction all over the world. Afterward, a lot of criticism emerged as for why and how the court will benefit from such actions. The law has drawn a harsh response, although most benefits have also been experienced since the court received quite a large number of new signings. Interaction at the world business forum has benefited the economy of Dubai thanks to the law. Design/methodology/approach The following study focuses on a description of such benefits and drawbacks. The study does not evaluate a factual process of expansion but indicates the most distinct evidence of positive, as well as negative consequences of the expansion. Findings It is appropriate to make a general comment on the fact that the expansion of DIFC Court is not sufficiently effective at the current stage. Needless to say, it contains numerous positive aspects, but the gaps are evidently essential because they place the entire Court in a hard circumstance. The Court does not have a well-developed legal framework for its new area of jurisdiction as long as its limited volume of prior precedent is a distinct sign of the Court’s dependence on the UAE’s Law. In such way, DIFC Court will not be able to address issues within new fields of jurisdiction, as it simply lacks an expertise and international law in its legal framework. Moreover, the jurisdiction over new areas of international business was not verified with a plain system of mediation, which is why a current expansion of DIFC Court has to be recognized as redundant. However, its advantages are tending to produce their effects provided that the Court manages to address its current problems. Originality/value The study has described the basic benefits and drawbacks of DIFC Court expansion. To speak about the main benefits, they can be depicted as appliance of the common law, unification of English language for proceedings, presence of a preliminary arbitration and guarantees of award enforcement. In a similar way, the drawbacks of the expansion have been issued. The study has identified such drawbacks as lack of international and sophisticated expertise, untested legal framework, strong influence of forum non conveniens, and existence of a limited volume of prior precedent. The paper has not assessed a success of a factual expansion of DIFC Court jurisdiction, but it has managed to fulfill its primary purpose. Thus, the paper has identified a certain tendency concerning the expansion.

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