scholarly journals Imprisonment for Non-Payment of Diyat: A Critical Analysis of Two Leading Cases

2020 ◽  
Vol V (III) ◽  
pp. 55-61
Author(s):  
Sadia Tabassum ◽  
Bakht Munir ◽  
Ataullah Khan Mahmood
Keyword(s):  
Qualitative Research ◽  
Financial Crisis ◽  
Supreme Court ◽  
Research Methodology ◽  
Critical Analysis ◽  
High Court ◽  
Research Article ◽  
The Supreme Court ◽  
Qualitative Research Methodology ◽  
The Government

This research article aimed to examine a leading case regarding imprisonment for non-payment of Diyat, Arsh or Daman and its associated issues contested at the Lahore High Court and the Supreme Court of Pakistan respectively in the light of qualitative research methodology. This work highlighted provisions declared by the court ineffective and directions to the government for legislation in this regard. The article also identified issues and challenges liked with the newly formulated Rules. The research at hand, examined whether or not the larger bench of the Supreme Court or the drafters of the Rules addressed the question of interest on the soft loan, which the government undertook the responsibility to be offered to the convicts who are unable to pay due to financial crisis and the same has to be received as arrears of land revenue

scholarly journals CONSIDERATION OF THE MATARAM RELIGION JUDGES IN DETERMINING THE LEVEL OF MUT'AH AND NAFKAH IDDAH IN DIVORCE (TALAK) CASE, (Case Analysis No. 0041/Pdt.G/2018/Pta.Mtr and No. 0081/Pdt.G/2018/Pta.Mtr)

2019 ◽  
Vol 11 (2) ◽  
pp. 109-120
Author(s):  
Samsudin Samsudin
Keyword(s):  
Qualitative Research ◽  
Supreme Court ◽  
Islamic Law ◽  
Case Analysis ◽  
Research Data ◽  
Legal Certainty ◽  
High Court ◽  
The Supreme Court ◽  
Principles Of Justice ◽  
Sense Of Justice

Judges' considerations often do not provide satisfaction and do not provide a sense of justice to the parties. The decision of the judge of the Religious High Court is considered the final place, although it can submit an appeal to the Supreme Court which is the highest institution in the area of ​​the religious court, so the researcher raises this title and formulates the problem that is the direction of the research. This study aims to find out how the judge's judgment and whether the judges of the Mataram High Court in determining the level of mut’ah and livelihood in the divorce case have fulfilled the principles of justice, usefulness, and legal certainty. The type of research used is qualitative research. Data collection techniques use study decisions, documentation, and interviews. In addition, the data obtained are informants' information, documentation, and are not numbers. Based on the results of the study, the results obtained are as follows: 1) The consideration of the judges of the Mataram High Court in determining mut’ah levels and iddah livelihoods on divorce cases is observing from work, income, wife who is not incoherent and also to the old wife accompany her husband in fostering a family. 2) whereas regarding the decision of the judges of the Mataram High Court in determining the level of mut’ah and livelihood of the iddah in divorce cases the principles of justice and legal usefulness has not yet been fulfilled, the judge is more focused on the principle of legal certainty and the fulfillment of rights and obligations. However, the amount determined is not in accordance with the sense of justice and certainly will not be fulfilled. In its decision, the judge saw the Law, Compilation of Islamic Law (KHI), Islamic Sharia (Al-Qur'an and Hadith), Perma Number 03 of 2017, and Circular of the Supreme Court of Republic of Indonesia Number 1 of 2017.

scholarly journals Factor Affecting Innovation Performance of Manufacturing Firms

2020 ◽  
Vol 11 (3) ◽  
pp. 85-100
Author(s):  
Sanjay Dhir ◽  
Swati Dhir
Keyword(s):  
Qualitative Research ◽  
Intellectual Property ◽  
Case Studies ◽  
Research Methodology ◽  
Manufacturing Firms ◽  
Knowledge Based ◽  
Research Article ◽  
Knowledge Based Economy ◽  
Qualitative Research Methodology ◽  
The Impact

In the knowledge-based economy, creation, management, and dissemination of knowledge in an organized way will certainly enhance the innovative practices of companies in any country. This article has tried to explore the impact of various factors on innovation. Following a qualitative research methodology, the article has come up with 8 propositions and tried to build up the arguments in the real company's context in India by 3 case studies. The research has been able to provide necessary evidence of particular companies and tried to build arguments for the suggested propositions. The findings of the research article will certainly help academicians and practitioners to emphasize the intellectual property related laws of any country to enhance the innovation quotient of any country.

scholarly journals Balancing and Rebalancing of Judicial Autonomy: a Critical Analysis of Basic Structure Theory

2020 ◽  
Vol V (IV) ◽  
pp. 152-159
Author(s):  
Bakht Munir ◽  
Um e Noreen
Keyword(s):  
Qualitative Research ◽  
Research Methodology ◽  
Critical Analysis ◽  
Basic Structure ◽  
Past Experience ◽  
Constitutional Amendment ◽  
Structure Theory ◽  
Independent State ◽  
Judicial Appointments ◽  
Qualitative Research Methodology

With its restoration in March 2009, the judiciary exceptionally emerged as an independent state organ and sought autonomy from parliament, which embarked on another avenue of confrontation between these two organs. Considering past experience, parliament was committed to imposing modest restraints on the judiciary and ensured its representation in the process of judicial appointments to the Superior Courts in the form of the 18th Constitutional Amendment, which the court considered as an attack on its autonomy. With the help of qualitative research methodology, this research aimed to investigate the post-2009 judicial-legislative transition, which apparently started up with their confrontation and imbalance between these organs. Both state organs are striving to identify their constitutional bounds, which will ultimately lead to equilibrium between these organs.

scholarly journals Settlements in the Supreme Court of Israel

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 41-44 ◽  
Author(s):  
David Kretzmer
Keyword(s):  
Supreme Court ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
High Court ◽  
Palestinian Territories ◽  
National Courts ◽  
Court Of Justice ◽  
The Supreme Court ◽  
The Government

One of the unique features of Israel's legal, military, and political control over the Occupied Palestinian Territories (OPT) has been the review by the Supreme Court of Israel of the actions and decisions of the authorities in those territories. Sitting as a High Court of Justice that has the competence to review the actions of all persons exercising public functions under law, the Court has entertained thousands of petitions relating to the legality of such varied actions as house demolitions, deportations, land requisition, entry permits, and establishment of settlements. There can be little doubt that the very existence of judicial review has had a restraining effect on the authorities. While the Court has not ruled against the government that often, and has provided legitimization for acts of dubious legality, such as punitive house demolitions and deportations, it has handed down some important rulings on questions of principle. Furthermore, in the shadow of the Court, many petitions have been settled without a court ruling, allowing for a full or partial remedy for the Palestinian petitioner.

scholarly journals THE OPERATION OF POWER IN PANIC BUYING DURING CORONA OUTBREAK

2021 ◽  
Vol 11 (2) ◽  
Author(s):  
Herwinda Maria Tedjaatmadja
Keyword(s):  
Qualitative Research ◽  
Research Methodology ◽  
Research Finding ◽  
Real Life ◽  
Qualitative Research Methodology ◽  
The World ◽  
The Government ◽  
Lack Of Knowledge

<p align="center"><strong>ABSTRACT</strong></p><p><strong><em> </em></strong></p><p>                Coronavirus disease (Covid-19) has become a trending topic nowadays because it has affected the life of many people all around the world. One of the events during Corona outbreak is panic buying. During the pandemic, it is revealed that power is omnipresent which means that it operates everywhere in many forms. To analyze how power operates, the writer uses the theory of power by Foucault (1980) since a number of his writing are applicable as it connects not only power and knowledge but also power and truth. In his book, Foucault (1980) denoted that knowledge is power and when there is power, there is resistance and they are all connected. In order to analyse how power operates, qualitative research methodology was conducted to find the meaning behind it so that the research finding will be more related to real life. The whole series of panic buying begins with the lack of knowledge about Covid-19. When people realize that Covid-19 is not just an ordinary flu and think that the government did not take this seriously, they started not to believe what the government had said and it led to resistance.The results show that power does operate in panic buying during the corona outbreak although nowadays, there have been some changes regarding the Covid-19.</p><p> </p>

scholarly journals A Study on NGO-Donor Relations in Basic Education Sector: Case of Pakistan

2015 ◽  
Vol 1 (4) ◽  
pp. 38-41
Author(s):  
Warda Gul ◽  
Kong FanBin
Keyword(s):  
Qualitative Research ◽  
Research Methodology ◽  
Basic Education ◽  
Education Sector ◽  
Donor Relations ◽  
Qualitative Research Methodology ◽  
The World ◽  
The Government ◽  
Donor Agencies ◽  
Foreign Donor

NGOs gained the importance in the last decades all over the world and the same is true with the case of Pakistan. NGOs are participating in the education sector. This paper studies the involvement of NGOs in the basic education sector, being dependent on the foreign donor agencies. NGOs have to follow the agenda of donors that can create tension with the government. This paper applies qualitative research methodology to study the relationships between donors and NGOs. The findings of this study show that donors are mostly following market-based approach and neo-liberal agenda that results in inequalities for people. Therefore, to perform their duty rightly, NGOs should look for sustainable sources of finances.

FOSTERING STUDENTS’ EXPERIENCES IN ENGLISH WRITING WITH MICROBLOGGING IN TWITTER

2019 ◽  
Vol 13 (2) ◽  
pp. 113
Author(s):  
Pham Thi Thu Hien
Keyword(s):  
Qualitative Research ◽  
Language Learning ◽  
Research Design ◽  
Research Methodology ◽  
Learning Tools ◽  
Structured Interviews ◽  
English Writing ◽  
Qualitative Research Methodology

Twitter and Microblogging are two separate entities but completes each other. Both of them can be used as language learning tools and their potential has been proved by several scholars. This study tries to examine students’ experiences in integrating microblogging with twitter. It is also study about the beneficial roles of microblogging with Twitter in language learning, its relation to writing, and its appropriateness in language learning. This study employs a qualitative research methodology, and case study as its research design. Semi-structured interviews and questionnaires were employed in this study to find out about participants' views about microblogging and Twitter. From this study, it can be concluded that the participants of the study underwent various experiences during the implementation of microblogging with Twitter. They also felt that microblogging with Twitter at some point advantages them to systematically arrange their ideas, and allows them to choose appropriate diction of their ideas. They also stated that Twitter can be an appropriate means in language learning, especially in English writing<em>.</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.

DEKADENSI PEMILIHAN HAKIM AGUNG OLEH DPR RI

2020 ◽  
Vol 14 (1) ◽  
pp. 73-104
Author(s):  
Rustam Magun Pikahulan
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
House Of Representatives ◽  
Good Governance ◽  
Constitutional Court ◽  
Due Diligence ◽  
The Rule Of Law ◽  
The Supreme Court ◽  
Institutional Status ◽  
The Government

Abstract: The Plato's conception of the rule of law states that good governance is based on good law. The organization also spreads to the world of Supreme Court justices, the election caused a decadence to the institutional status of the House of Representatives as a people's representative in the government whose implementation was not in line with the decision of the Constitutional Court. Based on the decision of the Constitutional Court No.27/PUU-XI/2013 explains that the House of Representatives no longer has the authority to conduct due diligence and suitability (elect) to prospective Supreme Judges proposed by the Judicial Commission. The House of Representatives can only approve or disapprove candidates for Supreme Court Justices that have been submitted by the Judicial Commission. In addition, the proportion of proposed Supreme Court Justices from the judicial commission to the House of Representatives (DPR) has changed, whereas previously the Judicial Commission had to propose 3 (three) of each vacancy for the Justices, now it is only one of each vacant for Supreme Court Judges. by the Supreme Court. The House of Representatives no longer has the authority to conduct due diligence and suitability (elect) to prospective Supreme Judges proposed by the Judicial Commission. The House of Representatives can only "approve" or "disagree" the Supreme Judge candidates nominated by the Judicial Commission.

A Note on Mandela v Executors, Estate Nelson Mandela 2018 (4) SA 86 (SCA) and the Conundrum around the Customary Marriage between Nelson and Winnie Mandela

2019 ◽  
Vol 34 (2) ◽  
Author(s):  
Sipho Stephen Nkosi
Keyword(s):  
Supreme Court ◽  
The State ◽  
The Other ◽  
Customary Law ◽  
Eastern Cape ◽  
High Court ◽  
Nelson Mandela ◽  
The Supreme Court ◽  
Court Of Appeal

The note is about the appeal lodged by the late Mrs Winnie Madikizela-Mandela to the SCA against the decision of the Eastern Cape High Court, Mthatha, dismissing her application for review in 2014. In that application, she sought to have reviewed the decision of the Minister of Land Affairs, to transfer the now extended and renovated Qunu property to Mr Mandela and to register it in his name. Because her application was out of time, she also applied for condonation of her delay in making the application. The court a quo dismissed both applications with costs, holding that there had been an undue delay on her part. Mrs Mandela then approached the Supreme Court of Appeal, for special leave to appeal the decision of the court a quo. Two questions fell for decision by the SCA: whether there was an unreasonable and undue delay on Mrs Mandela’s part in instituting review proceedings; and whether the order for costs was appropriate in the circumstances of the case. The SCA held that there was indeed an unreasonable delay (of seventeen years). Shongwe AP (with Swain, Mathopo JJA, Mokgothloa and Rodgers AJJA concurring) held that the fact that there had been an undue delay does not necessarily mean that an order for costs should, of necessity, particularly where, as in this case, the other litigant is the state. It is the writer’s view that two other ancillary points needed to be raised by counsel and pronounced on by the Court: (a) the lawfulness and regularity of the transfer of the Qunu property to Mr Mandela; and (b) Mrs Mandela’s status as a customary-law widow—in relation to Mr Mandela.

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