scholarly journals MANIFESTATION OF SHARIA REGIONAL REGULATIONS IN MANAGING SOCIAL MORALITY

2021 ◽  
Vol 20 (2) ◽  
pp. 189
Author(s):  
Muhammad Sabir ◽  
Nazaruddin Nazaruddin

This study discuss about the manifestations of shariah perda in managing of sosial morality. The type of this research is a qualitative descriptive using the sociological, historical and normative juridical approaches. The results of this study suggest that the sharia regional regulations are established based on the Koran and hadith. In the history of its formation, it is inseparable from the formation of national law by observing the three periods of its formation, especially regarding regional autonomy. It is also necessary to understand that if you look at the position of regional regulations, especially sharia regulations by looking at the legal system in force in this country, it can be understood that Islamic sharia has an important position in the formation of law in Indonesia. This regulation aim of safeguarding and protecting the dignity of the community. Although there is opposition and rejection of it, this rule is in accordance with the national legal system and makes a great contribution to managing people's lives. Because one of the functions of law is to regulate or control the actions and behavior of the community so as not to do actions that are detrimental to themselves and to the surrounding community.

1972 ◽  
Vol 16 (2) ◽  
pp. 103-129 ◽  
Author(s):  
Simon Roberts

In almost all the former British African territories the colonial power tried to make use of the traditional dispute settlement agencies which it found on arrival. The history of these efforts is familiar, following a generally similar course in most territories. The arrangements made in the early years were haphazard; a good deal of formalization took place around 1930; more profound changes were initiated in the early 1960's and have continued since. But the familiar legislative history yields little information about what has been happening on the ground. We know very little of the way in which the traditional agencies drawn into the official system actually reacted towards this process of incorporation. Leaving aside what the statute may have said, have they remained the agencies to which Africans actually resorted for the settlement of their disputes? Has the type of business coming before them changed? Similarly we know little about those agencies, typically at the lower levels, which did not undergo incorporation. Have they continued to function, or have they simply died away?


Dialog ◽  
2013 ◽  
Vol 36 (1) ◽  
pp. 59-70
Author(s):  
Ahmad Ali MD

This article asserts that Islamic law of economy has a very important position in the national legal system. The Islamic law of economy as part of Islamic law and constitute a solid argument to be used as the basis of national law-making as a whole. The significance of Islamic law of economic is based on historical arguments, sociological, juridical, philosophical, and political. This assertion is refuse whom doubted and looked formalization of Islamic law, particularly the Islamic law of economy, is not important. This conclusion is obtained through alsiyasat al-shar‘iyah and the national legal politics approachs.


2021 ◽  
Vol 3 (1) ◽  
pp. 272-291
Author(s):  
Paulo Henrique Rodrigues Pereira

ResumoO direito brasileiro foi articulado em torno das categorias clássicas do liberalismo europeu. Para além do debate da compatibilidade entre liberalismo e escravidão, esse artigo pretende demonstrar como a necessidade de preservar uma escravidão semilegal constituiu institucionalidades que fizeram com que o direito brasileiro operasse problematicamente sob o registro da tradição liberal, mesmo em relação aos seus cidadãos livres. Isso não foi um “erro” do direito, uma falha, mas foi antes uma ação inteligível dos arquitetos das formas e modos de funcionamento da juridicidade nacional. Nesse sentido, esse artigo pretende apontar para a necessidade de construção de uma teoria brasileira do direito que dê conta de compreender as particularidades de um sistema jurídico profundamente afetado pelo escravismo do século XIX.Palavras-chave: História do Direito. Teoria do Direito Brasileiro. Direito da Escravidão. AbstractBrazilian Law was crafted around the classical categories of European liberalism. Beyond the debate regarding the compatibility between liberalism and slavery, this paper intends to show how the need to preserve a semi-legal slavery system created illegalities that highlighted the contradictions between Brazilian Law and the liberal tradition. The resulting tensions also created consequences for free citizens, which are the focus of this paper. It demonstrates that these consequences were not mere legal defeasibility, but rather an intelligible action shaping the national legal system. The article advocates for the necessity to build a Brazilian theory of Law that takes these aspects into consideration, accounting for the systematic impact of 19th-century slavery on the idea of legality in Brazil.Keywords: Legal History. Brazilian Theory of Law. Slavery Law.


AL- ADALAH ◽  
2018 ◽  
Vol 14 (2) ◽  
pp. 461
Author(s):  
Saifuddin Saifuddin

Although the majority of Indonesian citizens are Muslims, Islamic law cannot automatically apply in this country. This is because Indonesia is not a religious state and does not make religion as the state's ideology. This article analyzes the prospects of tranformation of Islamic law into the national legal system. The aim is to find a format that is in accordance with the character of the Indonesian state and does not deviate from state idiology of Pancasila . This study concludes that there are only a few ways to enforce Islamic law in Indonesia without changing the existing state order. First: through a constitution amendment. Islamic law can be transformed into positive law insofar as it is accepted by the legislative body through democratic ways. Second: through the transformation of legal material. This method is carried out by changing the material law based on secular values into a legal product based on Islamic values. Third: through regional autonomy. such as in Aceh, Banten, Madura, and Gorontalo.


2020 ◽  
Vol 159 ◽  
pp. 05005
Author(s):  
Karlygash Useinova ◽  
Aset Toktybaev ◽  
Akylbek Isabekov ◽  
Spatai Sartaev ◽  
Aidar Zhainak

The article is devoted to the study of the Barymta Institute and determining its place in the customary legal system of the Kazakhs. The article shows the main stages of the emergence, development, and liquidation of Barymta; reveals the essence and content of the Barymta Institute; identifies and analyzes the main forms of Barymta manifestation. The ultimate goal of the legal reform carried out in Kazakhstan is the formation of the national legal system of the Republic of Kazakhstan. In many ways, its success depends on how much the legal heritage of the Kazakh people will be used. Traditional Kazakh society did not know written law. That is why legal regulations were of great social, regulatory and managerial importance. Without studying the customary law of the Kazakhs, developing specific, reasoned views on its nature, as many prominent scientists emphasize, it is impossible to comprehensively study the history of the people of the traditional period, especially since many issues remain completely unexplained.


2018 ◽  
Vol 41 ◽  
Author(s):  
Peter DeScioli

AbstractThe target article by Boyer & Petersen (B&P) contributes a vital message: that people have folk economic theories that shape their thoughts and behavior in the marketplace. This message is all the more important because, in the history of economic thought, Homo economicus was increasingly stripped of mental capacities. Intuitive theories can help restore the mind of Homo economicus.


2019 ◽  
Vol 11 (2) ◽  
pp. 79-86
Author(s):  
Cindy Ayustin Noya ◽  
Angkit Kinasih ◽  
Venti Agustina ◽  
R.Rr Maria Dyah Kurniasari

Infeksi saluran pernafasan akut atau yang sering disebut ISPA merupakan infeksi pada saluran pernafasan baik saluran pernafasan atas atau bawah.ISPA juga kebanyakan terjadi pada anak balita karena daya tahan tubuh mereka tidak kuat dalam menghadapi penyakit ISPA. ISPA mengakibatkan kematiansekitar15%-20% per tahun pada usia balita di Negara berkembang. Tujuan penelitian ini adalah untuk mengetahui dan menganalisa peran ibu dalam meningkatkan sistem imun anak dengan ISPA.Metode penelitian yang digunakan dalam penelitian ini adalah kualitatif deskriptif dengan sampel purposive sampling.Populasi dan sampel penelitian ini adalah ibu yang mempunyai anak dengan riwayat dan saat ini menderita penyakit ISPA di Batu Gajah Kota Ambon.Partisipan dalam penelitian ini berjumlah 5 orang. Hasil dari penelitian mendapati 4 kategori yaitu pemberian nutrisi pada anak untuk memenuhi kebutuhan agar sistem imunnya terjaga, kebersihan lingkungan, peran ibu dalam melakukan pencegahan pada anaknya yang mengalami ISPA, dan  peran ibu dalam menjaga dan mempertahankan kesehatan anaknya.   Kata kunci: peran ibu, sistem imun, ispa THE ROLE OF MOTHERS IN INCREASING IMMUNE SYSTEM OF CHILDREN WITH ACUTE RESPIRATORY INFECTION    ABSTRACT Acute respiratory infections or often called ARI is an infection of the upper or lower respiratory tract. ARI occurs mostly in children under the age of five because their endurance is not strong in dealing with ARI. ARI results in deaths of around 15%-20% per year at the age of under-five in developing countries. The purpose of this study was to determine and analyze the role of mothers in improving the immune system of children against ARI. The research method used in this study was qualitative descriptive with a purposive sampling sample. Respondents and samples of this study were five mothers who had children with a history of ARI and currently suffering from the disease in Batu Gajah, Ambon City. The results of the study found 4 categories, namely providing nutrition to children to meet their needs so that their immune systems are maintained, clean environment, mother's role in preventing children with ARI, and mother's role to preserve and maintain the health of their children. The findings indicated that in terms of coping or improving the immune system of a child to avoid ARI, it is necessary to have role the of mothers in providing nutrition so that the immune system is boosted, besides that the mother can prevent and protect her child from various diseases, especially ARI. Keywords: role of mothers, immune system, acute respiratory infections


2019 ◽  
Vol 1 (1) ◽  
pp. 1-8
Author(s):  
V Makarau ◽  
P Languju ◽  
R La Putju ◽  
P Egam

The increasing numbers of people and buildings that continue to grow and tend to be uncontrolled in the settlement causing some negative impacts one of them is the consistency of land allotment. This has resulted in some impacts such as ineffective utilities and environmental infrastructures, no mitigation system, and the unavailability of space for public spaces and other supporting facilities that supposed to be available within a settlement. Kampung Arab is one of a densely populated settlements located in the middle of business center area of Manado City, occupies the Mahakam riverbank. The limited space available in Kampung Arab has caused the settlements tend to be slummed and doesn’t have public open space as one of the residential support facilities. In addition, this settlement expands riverbanks so the functions of riverbanks become disturbed, and these settlements are often at risk of flooding. The purpose of this research is to analyze the function of Mahakam riverbanks against flood risk and to analyze the possibility of public space and pedestrian ways availability at the location of Mahakam riverbanks around the Kampung Arab settlement. The research method is qualitative descriptive method. Primary data were obtained through field observation, documentation, and interviews. The research is located in Kampung Arab settlement which occupies the banks of Mahakam River. Further analysis is done: 1) analysis of existing settlement of Kampung Arab to the Mahakam River related to: building’s orientation, river border, activity and behavior of society 2] analysis of public open space availability and its former elements, 3] analysis of settlement utility system and at the final stage conducted an analysis related to community activities and behavior. Expected results through this research are: improving function and quality of Mahakam River, restoring the function of riverbanks and public open space availability as social interaction space.


2015 ◽  
Vol 3 (1) ◽  
Author(s):  
Silvana Lahama

Bentenancloth is a Minahasa traditional fabric cloth which is the only craft of weavingfrom Minahasa people that has a very long journey of history. The existence ofthis cloth cannot be separated from the cultural and historical activities ofMinahasa tribe, where this cloth reflects the symbol of social status andbecome the part of life principal acted by the Minahasa people.Theobjectives of this research are to describe : 1) The name of motifs and lingualmeaning of Bentenan  cloth, 2) Thecultural meaning behind the Bentenan cloth motifs.This research conduct in theform of qualitative-descriptive. The data taken from the books contains aboutthe history of Minahasa especially the Bentenan cloth, proposed by the formerresearchers and the culture expert of Minahasa. Fromthe result, it can be conclude that cultural meaning behind the name ofBentenan cloth motifs reflects the whole aspects of life especially theirbelieves on something considered being exist around them. The cultural meaningfromeach motifs carryingessential norm that people should know whether it isallowed to do and whether is not.KeyWords : The cultural meaning, The motifs in Bentenan cloth.


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