Pendekatan Sadd Adz-Dzari’ah Dalam Studi Islam

2020 ◽  
Vol 5 (1) ◽  
pp. 68-86
Author(s):  
Intan arafah Intan arafah
Keyword(s):  
Point Of View ◽  
Islamic Studies ◽  
The Law ◽  
The Way

 This article discusses sadd adz-dzariah in Islamic studies. Sadd adz-dzariah is a method produced by previous ushul fiqh scholars in an effort to keep humans as fallen mukallaf from falling into damage. This is done by closing and blocking all the means, tools and wasilah that will be used for an act. This article concludes that in determining a legal goal that forbids to a goal, sadd adz-Dzari'ah has three main elements that need to be considered, namely: First, the goal or purpose that you want to be desired. If the goal is evil, then the path is forbidden, and if the goal is good then the way is obligatory. Second, the intention or motive seen from the point of view of the target. If the intention is to achieve what is lawful, then the law of the ingredients is lawful, and if the intention to be achieved is haram, then the path to take that path is also haram. Third, namely the result of an action done.

scholarly journals The Approach of Islamic Studies In Mapping Richard C. Martin

2021 ◽  
Vol 14 (2) ◽  
pp. 145-154
Author(s):  
Nur Solikin
Keyword(s):  
Analytical Form ◽  
Religious Studies ◽  
Point Of View ◽  
Historical Evolution ◽  
Academic Anxiety ◽  
History Of Religion ◽  
Islamic Studies ◽  
History Of ◽  
The Way

Kajian ini berfokus pada pemetaan pendekatan studi Islam dalam salah satu karya Richard C. Martin yang disunting berjudul Approaches to Islam in Religious Studies. Penelitian ini mengambil bentuk deskriptif-analitis yang dimulai dengan mengungkap latar belakang penulisan hingga evolusi sejarah studi agama. Melalui penelitian ini, beberapa kesimpulan yang dapat dikemukakan terkait dengan kecemasan akademik Martin, yang diakuinya dilatarbelakangi oleh kelemahan antara pendekatan teologis yang mempertahankan pemahaman normatif agama, dan sudut pandang sejarah agama yang menekankan pada deskripsi analitis dan membutuhkan jarak bagi para penelitinya. Sementara terkait dengan evolusi studi sejarah agama, ia menilai perkembangan studi independen setelah studi sejarah, antropologi, sosiologi, teologi dan studi timur, dan oleh karena itu, perkembangan studi tersebut cukup berpengaruh dalam cara sejarawan agama bekerja. Pengembangan lebih lanjut dianggap perlu untuk memisahkan studi agama dari disiplin lain. This study focuses on the mapping of the Islamic studies approach in one of Richard C. Martin's edited works entitled Approaches to Islam in Religious Studies. This study takes a descriptive-analytical form which begins by revealing the background of writing to the historical evolution of religious studies. Through this study, several conclusions that can be presented are related to Martin's academic anxiety, which he admits is motivated by a weakness between the theological approach which maintains a normative understanding of religions, and the history of religion point of view which emphasizes analytical descriptions and requires distance for the researchers.While related to the evolution of the study of the history of religion, he assessed the development of independent studies after historical studies, anthropology, sociology, theology and the study of the east, and therefore, developments in these studies were quite influential in the way historians of religions worked. further developments are deemed necessary to separate religious studies from other disciplines.  

The Indeterminate Sentence at Patuxent

1974 ◽  
Vol 20 (2) ◽  
pp. 135-143 ◽  
Author(s):  
Francis L. Carney
Keyword(s):  
United States ◽  
The United States ◽  
Point Of View ◽  
Recidivism Rates ◽  
Treatment Practices ◽  
Court Of Appeals ◽  
The Law ◽  
The Way

This paper is a review of Maryland's Defective Delinquency Law, which identifies a group of chronic criminals who are dangerous to society and provides for their treatment along with, perhaps, their indeterminate detention in Patuxent Institution. Several sections of the law have come under legal attack; among them, the indeterminate sentence provision has been most se verely and most frequently attacked, although it is, from the therapist's point of view, the single most effective tool in the treatment of these men. In recent decisions, all the way up to the United States Court of Appeals, the law has been held to be constitutional, and treatment practices under it have led to one of the lowest recidivism rates in the United States.

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

Prawne aspekty eutanazji w Holandii

2016 ◽  
Vol 14 (3) ◽  
pp. 243-253
Author(s):  
Grzegorz Stefanowicz
Keyword(s):  
The Netherlands ◽  
Assisted Suicide ◽  
Public Authority ◽  
Dutch Society ◽  
On Demand ◽  
Limited Length ◽  
The Law ◽  
Death On Demand ◽  
The Way

This article undertakes to show the way that has led to the statutory decriminalization of euthanasia-related murder and assisted suicide in the Kingdom of the Netherlands. It presents the evolution of the views held by Dutch society on the euthanasia related practice, in the consequence of which death on demand has become legal after less than thirty years. Due attention is paid to the role of organs of public authority in these changes, with a particular emphasis put on the role of the Dutch Parliament – the States General. Because of scarcity of space and limited length of the article, the change in the attitudes toward euthanasia, which has taken place in the Netherlands, is presented in a synthetic way – from the first discussions on admissibility of a euthanasia-related murder carried out in the 1970s, through the practice of killing patients at their request, which was against the law at that time, but with years began more and more acceptable, up to the statutory decriminalization of euthanasia by the Dutch Parliament, made with the support of the majority of society.

La enseñanza de la ética profesional a estudiantes de derecho: análisis de caso

2018 ◽  
pp. 145
Author(s):  
Juan Pablo Beca
Keyword(s):  
Professional Ethics ◽  
Ethics Education ◽  
Teaching Experience ◽  
Point Of View ◽  
Theory And Practice ◽  
Ethics Course ◽  
Approach Theory ◽  
Competency Based ◽  
Catholic Tradition ◽  
The Way

ResumenEl trabajo analiza el curso Ética Profesional en la carrera de Derecho en la Universidad Católica de Temuco. Examina la forma como se abordaba la ética profesional antes de la creación del curso, y lo que ha ocurrido con él a través de sucesivos cambios curriculares y la introducción del modelo por competencias. El curso aporta al sello identitario, mediante un enfoque multidisciplinario. El curso ha vinculado teoría y práctica, desde que comenzó a implementarse, hasta llegar actualmente a comprenderlo en la lógica de competencias. Esta mirada implica formar a los estudiantes para resolver dilemas éticos, lo que se hace mediante la metodología del ver–juzgar–actuar. Esta metodología de discernimiento es propia de la tradicióncatólica, pero se usa en este contexto sin un cariz religioso. El método en cuestión permite ir educando la autonomía a fn de tomar decisiones. Se analiza la importancia de contextualizar la enseñanza ética y la forma como esto se ha hecho en el curso. Finalmente se aborda la relevancia de formar la conciencia ética de los estudiantes.Palabras clave: Experiencia de enseñanza – Ética profesional –Método de discernimient.ResumoO artigo analisa o curso de Ética Profssional na Escola de Direito na Universidade Católica de Temuco. Examina a forma de como abordar a ética profssional antes da criação do curso, e o que tem acontecido com ele através de sucessivas mudanças curriculares e a introdução do modelo de competências. O curso aporta ao selo de identidade, através de uma abordagem multidisciplinar. O curso tem ligado teoria e prática, desde que começou a se programar até chegar atualmente a compreendê-lo na lógica de competência. Este olhar implica formar aos estudantes para resolver dilemas éticos, o que é feito pela metodologia do ver-julgar-agir. Este método de discernimento é próprio da tradição Católica, mas é usado neste contexto, sem um aspecto religioso. O método em questão permite ir educando na autonomia com a fnalidade de tomar decisões. Analisa-se a importância de contextualizar o ensino da ética e a forma como isso tem sido feito no curso. Finalmente se aborda a relevância de formar consciência ética dos estudantes.Palavras-chave: Experiência de ensino - Ética Profssional - Método de discernimento.AbstractThis paper analyses the Professional Ethics course at the School of Law of Universidad Católica de Temuco. It reviews the way in which ethics was addressed before the course was created, and what has happened with it through the subsequent curricular changes and the implementation of a competency based model. The course contributes to the seal of identity through a multidisciplinary approach. Theory and practice have been progressively bound together since the course was introduced, to reach a point, nowadays, in which the course is understood within the logic of competencies. This point of view implies educating students for solving ethical dilemmas, which is done through the see–judge–act methodology. This discernment methodology belongs to the Roman Catholic tradition, but is used in this context without its religious complexion. This method allows educating autonomy in order to make decisions. It also analyses the importance of contextualizing ethics education and the way in which this has been done in the course. Finally, it addresses the relevance ofcreating an ethical consciousness of the students.Keywords: Teaching experience – Professional Ethics – Discernment method

Konsep Ihsân dalam Wacana Pendidikan Islam

TAJDID ◽  
2019 ◽  
Vol 26 (1) ◽  
pp. 1
Author(s):  
Husni Husni
Keyword(s):  
Existence Of God ◽  
Good Deed ◽  
The Law ◽  
To Receive ◽  
Islamic Society ◽  
Muslim Scholars ◽  
The Way

This article studies the concept of Ihsan (good deed) in the thought of ulama mufassirs (Muslim scholars interpretering the Qur’an). The result of the study being carried out by the writer is that the concept of ihsan being too narrowly interpreted, proves that it has wide interpretation in the thought of muffasirs. If so far among society the concept of ihsan has been narrowly interpreted on the good deed or doing good deed, so according to mufassirs, the concept means: (1) carrying out all obligations, (2) being patient to receive all the obligation and anything forbidden by God, (3) being obedient and always perfects his obedience in quality as well as in the way, (4) forgiving, (5) being sincere, (6) realizing the existence of God, (7) emphasizing the esoteric aspect rather than exoteric world, (8) knowledge, (9) being firm in the truthfulness, (10) havng understanding about the true teachings of God, (11) having good comprehension about the law appropriately applied among the Islamic society. The wide meaning of this concept because this concept is really expressed by the Koran in context. This article tries to attach the concept of Ihsan in several meanings about the education world

The Law of Tort

2018 ◽  
Author(s):  
Eva Steiner
Keyword(s):  
Civil Liability ◽  
French Law ◽  
The Law ◽  
Broad Approach ◽  
The Way

This chapter examines the French law of tort. Although French law takes a broad approach to civil liability, when looking more closely at the way in which French judges have dealt with claims in tort, it becomes apparent that the need to avoid extending the scope of civil liability to an unlimited extent has also been present in French law. Indeed, in order to achieve desirable results, French judges have on many occasions used their discretion to interpret restrictively the elastic concepts of fault, damage, and causation. Hence, they end up dismissing claims which, for policy reasons, would have created unjust results or would have opened the gates to a flood of new claims. Thus, even though French judges do not admit to it openly in their judgments, they are influenced as regards the matter of deciding the limits of liability by general policy considerations, especially the ‘floodgates arguments’ which their English counterparts also readily understand.

scholarly journals What is a firm? A reply to Jean-Philippe Robé

2021 ◽  
pp. 1-11
Author(s):  
Simon Deakin ◽  
David Gindis ◽  
Geoffrey M. Hodgson
Keyword(s):  
Theory Of The Firm ◽  
Recent Book ◽  
Everyday Language ◽  
Modern Capitalism ◽  
Legal Foundations ◽  
Common Parlance ◽  
The Law ◽  
Business Entities ◽  
Definition Of ◽  
The Way

Abstract In his recent book on Property, Power and Politics, Jean-Philippe Robé makes a strong case for the need to understand the legal foundations of modern capitalism. He also insists that it is important to distinguish between firms and corporations. We agree. But Robé criticizes our definition of firms in terms of legally recognized capacities on the grounds that it does not take the distinction seriously enough. He argues that firms are not legally recognized as such, as the law only knows corporations. This argument, which is capable of different interpretations, leads to the bizarre result that corporations are not firms. Using etymological and other evidence, we show that firms are treated as legally constituted business entities in both common parlance and legal discourse. The way the law defines firms and corporations, while the product of a discourse which is in many ways distinct from everyday language, has such profound implications for the way firms operate in practice that no institutional theory of the firm worthy of the name can afford to ignore it.

scholarly journals Sex Work in Slovenia: Assessing the Needs of Sex Workers

2021 ◽  
pp. 136078042110184
Author(s):  
Leja Markelj ◽  
Alisa Selan ◽  
Tjaša Dolinar ◽  
Matej Sande
Keyword(s):  
Needs Assessment ◽  
Sex Work ◽  
Sex Workers ◽  
Point Of View ◽  
Social Distress ◽  
Legal Advice ◽  
The Law ◽  
Client Relations ◽  
Insight Into

The research comprehensively identifies the needs and problems of sex workers in Slovenia from the point of view of three groups of actors in a decriminalized setting. The objective of the rapid needs assessment was to identify the needs of sex workers as perceived by themselves. In order to gain a deeper insight into this topic, we analyzed the functioning of the organizations working with the population, and examined the perspective of the clients. The results of the study show that no aid programmes have been developed for sex workers, even though organizations from various fields often come in contact with this population. Sex workers express the need to be informed about various topics (health, the law, legal advice) and emphasize client relations as the primary issue. The findings indicate the need for the development of a specialized aid programmes to address the fields of advocacy, reducing social distress and providing psychosocial assistance.

Changes in the Use of Drugs, Tobacco, and Alcohol among Norwegian Youth from 1968 – 1979

1980 ◽  
Vol 10 (4) ◽  
pp. 405-420 ◽  
Author(s):  
Olav Irgens-Jensen ◽  
Mons George Rud
Keyword(s):  
Alcohol Consumption ◽  
Young People ◽  
Policy Making ◽  
Point Of View ◽  
The Way

In order to provide information on the way in which use of drugs - and of alcohol and tobacco -among young people changes over a period of time, the Norwegian National Institute for Alcohol Research has each spring, since 1968, conducted a survey of the youth of Oslo to determine their use of these drugs. The results are of significance not only from a scientific point of view but also from the point of view of practical policy-making. For instance, since 1974 there does not seem to have been any increase in alcohol consumption among the youth of Oslo, a fact which may reflect the measures which were introduced at that time in order to curb alcohol consumption among young people in Norway.

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