scholarly journals Pendekatan Hermeneutika Khaled Abou Al-Fadl dalam Memahami Hadis Tentang Aborsi

2018 ◽  
Vol 1 (1) ◽  
pp. 70-83
Author(s):  
Sitti Aisyah M
Keyword(s):  
Problem Formulation ◽  
Point Of View ◽  
Human Beings ◽  
Living Thing ◽  
The Law ◽  
The Right

Every living thing that exists on this earth has the right to live, be it animals, plants, even more human beings who have the role of God's khalifah. Related to this, the Qur'an and Hadith have explained about the importance of the maintenance of the soul, reason, religion, property and descent. It is well known that abortion is a form of crime, because it eliminates the chance of life for a person, but it sometimes becomes the choice of some people, especially women in order to keep their life alive. Abortion is a classic issue that continues to be a conversation to the present day, so according to researchers it is important to be studied further. The problem formulation in this research are: 1) How is abortion viewed from the point of view of hermeneutics Abou Kahled el-Fadl? 2) What is the law of abortion based on the Prophet's hadith? This type of research is a literature using hermeneutics approach in understanding the hadith about the prohibition of abortion. The estimation of the findings of this study is that the abortion referred to by the hadith is an act of abortion done when the fetus has been given the soul / blowing of the soul and the cleric agrees on its prohibition and the abortionist is fined equal to freeing the slave. Although the reason for the implementation of abortion for each woman is different, but of course it has an effect on his psychology, because the choice of abortion is a very dilemma for a woman.

Problematic aspects of the use of penitentiary information in the process of disclosure and investigation of crimes

2020 ◽  
pp. 160-165
Author(s):  
Максим Владимирович Кремлев
Keyword(s):  
Law Enforcement ◽  
Goal Setting ◽  
Point Of View ◽  
Negative Consequences ◽  
The Law ◽  
The Difference

Автор, основываясь на ранее проведенных исследованиях, определяет место и роль пенитенциарной информации в процессе раскрытия и расследования преступлений. Указывается, что пенитенциарная информация превращается в процессуальную и, соответственно, в доказательственную посредством поэтапного прохождения через комплекс действий, облеченных в формы пенитенциарного, оперативно-розыскного и процессуального законодательства. Устанавливаются наиболее уязвимые места с точки зрения содержательного наполнения и процессуального оформления получаемых в рамках режимной деятельности сведений. Таковыми выступают места «сочленения» видов деятельности. Основой для подобного рода высказывания выступает разница в нормативном регулировании, в сменяемости и целеполагании исполнителей, а также их представлении о критериях успешности выполненной работы. В качестве подтверждения выдвинутого тезиса приводится пример из правоохранительной практики использования пенитенциарной информации в процессе доказывания, имеющий негативные последствия. Предлагаются направления совершенствования получения пенитенциарной информации с целью усиления ее доказательственного потенциала. In this article, the author, based on previous research determines the place and role of penitentiary information in the process of disclosure and investigation of crimes. It is specified that penitentiary information turns into procedural and, accordingly, into proofs by means of step-by-step passing through a complex of actions exposed in forms of the penitentiary, operational-search and procedural legislation. The most vulnerable places from the point of view of substantial filling and procedural registration of the data received within regime activity are established. These are the places of “articulation” of activities. It is concluded that the basis for this kind of statement is the difference in regulatory regulation, in the turnover and goal-setting of performers, as well as their representation of the criteria for the success of the work performed. As a confirmation of the proposed thesis, an example from the law enforcement practice of using penitentiary information in the process of proving having negative consequences is given. Directions of improvement of receiving penitentiary information for the purpose of strengthening of its evidentiary potential are offered.

scholarly journals Overview Of The Rights Of Person With Disabilities: A Human Rights Approach

2021 ◽  
Vol 5 (IV) ◽  
pp. 34-42
Author(s):  
Dr. Ram Charan Meena,
Keyword(s):  
Human Rights ◽  
Human Beings ◽  
Social Approach ◽  
Persons With Disabilities ◽  
Psychological Barriers ◽  
Contemporary Situation ◽  
The Law ◽  
The Government ◽  
Definition Of ◽  
The Right

Persons with disabilities have the right to enjoy the human rights to life, liberty, equality, security and dignity as human beings. However, due to social apathy, psychological barriers, a limited definition of “disability” entitled to the protection of the law and lack of proper data, persons with disabilities in India remain an invisible category. Although many laws set out to ensure their full and effective participation in society, they remain inadequate as they are based primarily on the discretion of the government. Also, the judiciary acts as the real protector of persons with disabilities whenever an opportunity arises, but it is not possible to approach the judiciary for every request. Unless the foundation of the law is strengthened, persons with disabilities cannot fully exercise their rights. The present research paper mentions the contemporary situation of people with disabilities with the current laws and concepts, and also the researcher believes that it is not only the law that will provide a solution to this problem, it is the change in the outlook of the society which may provide a solution to this problem. Thus, the horizons of the law should be expanded to provide a “human friendly environment” for all persons with disabilities to remove the barriers that impede their development. With timely implementation the time has come for effective legislation to protect their interests and empower their capabilities which are based on “rights–based approach” rather than charity, medical or social approach.

scholarly journals The role of fishery supervisors and community participation to ensure the sustainable fisheries in Indonesia’s Exclusive Economic Zone

2021 ◽  
Vol 890 (1) ◽  
pp. 012068
Author(s):  
Maskun ◽  
H Assidiq ◽  
S N Bachril ◽  
N Al-Mukarramah
Keyword(s):  
Community Participation ◽  
Fishery Management ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Fish Resources ◽  
Effective Manner ◽  
Economic Zone ◽  
The Law ◽  
The Right

Abstract Indonesia has ratified the United Convention Law of the Sea of 1982 with the Law No. 17 of 1985 concerning the Ratification of United Nations Convention on The Law of the Sea 1982. It means that Indonesia has the right to use, conserve, and manage fish resources in the Indonesia’s Exclusive Economic Zone (IEEZ). To guarantee the optimal and sustainable management of Indonesian fish resources, the role of fishery supervisors and community participation in an efficient and effective manner is needed. Law enforcement in the field of fisheries is very important and strategic to support fishery development in accordance with the principle of fishery management, so that the sustainable development of fisheries can be done continuously. Therefore, the existence of legal certainty is absolutely necessary to support fishery management in Indonesia.

scholarly journals The Interior Appeal of the FAS of Russia: the Role of Legal Positions in the Development of Uniformity of Law Enforcement Practice

2019 ◽  
pp. 78-83
Author(s):  
O. A. Moskvitin ◽  
I. P. Bochinin
Keyword(s):  
Law Enforcement ◽  
Competition Law ◽  
Federal Law ◽  
Antimonopoly Law ◽  
Uniform Law ◽  
The Law ◽  
Compliance With The Law ◽  
The Right

The article discusses some problems of the formation of a uniform law enforcement practice on the example of specific decisions of the FAS Russia Board of Appeals on issues related to: the application of the rules for the qualification of antitrust violations provided for in part 1 of art. 10 of the Federal Law «On Protection of Competition»; the need to prove the fulfillment of an agreement prohibited by art.16 of the same Law; the exercise of the right of the FAS Russia collegial bodies to refer the matter for a new consideration to the territorial antimonopoly body. It is concluded that the legal positions of the Appeal Board of FAS Russia, being based on the law and applied only in compliance with the law, help to effectively resolve controversial problems of pre-trial Antimonopoly law enforcement and to develop uniform approaches to the interpretation of the rules of competition law.

The Contemporary Reception of St Thomas on Law and Politics

2021 ◽  
pp. 611-625
Author(s):  
Michael Pakaluk
Keyword(s):  
Private Property ◽  
Political Liberalism ◽  
Political Society ◽  
Human Beings ◽  
Social Nature ◽  
Law And Politics ◽  
The Social ◽  
The Family ◽  
The Right

The reception of Thomistic political and legal philosophy is considered with respect to what is called ‘political liberalism’. The appeal to a hypothetical state of nature should be rejected, as it misconstrues the social nature of human beings. Aquinas’ account of the origin of political society starts from an interpretation of human nature. On this basis one can account for human rights, the importance of the right to religious liberty, the family as the basic cell of society, civil society as including subsidiary authorities, the importance of private property, and the nature and role of freedom. A key question for the continued flourishing of a free society is what practically enables persons to govern for the genuine good of others.

Definition and content of the right to freedom of conscience

2021 ◽  
Vol 66 (05) ◽  
pp. 145-148
Author(s):  
Ниджат Рафаэль оглу Джафаров ◽  
Keyword(s):  
Human Rights ◽  
Human Behavior ◽  
The State ◽  
Human Beings ◽  
Freedom Of Conscience ◽  
Key Words Human ◽  
The People ◽  
The Law ◽  
The Right

It can be accepted that the classification of human rights, its division, types, and groups, is of particular importance. The syllogism for human rights can be taken as follows: law belongs to man; human beings are the highest beings on earth like living beings. Therefore, the regulation prevails. The right to freedom is conditional. Man is free. Consequently, human rights are dependent. Morality is the limit of the law. Morality is the limit and content of human actions. Therefore, the law is the limit of human activities. Morality is related to law. Law is the norm of human behavior. Thereby, human behavior and direction are related to morality. The people create the state. The state has the right. Therefore, the right of the state is the right of the people. The state is an institution made up of citizens. Citizens have the privilege. Such blessings as Dignity, honor, conscience, zeal, honor, etc., and values are a part of morality and spiritual life. Morality is united with law. Therefore, moral values are part of the law. Everyone has the right to freedom of thought and conscience. Space is about the law. Therefore, everyone has the right to opinion and conscience. Key words: human rights, freedom of conscience, conceptuality, citizenship

Seeking Reconciliation

2020 ◽  
pp. 88-124
Author(s):  
Arzoo Osanloo
Keyword(s):  
Criminal Law ◽  
Cycle Of Violence ◽  
Considerable Influence ◽  
The Family ◽  
The Law ◽  
The Right ◽  
Legitimate Violence ◽  
Sense Of Power ◽  
The Way

This chapter studies the operations of the Iranian criminal law and analyzes how the procedural administration of the law animates the shariʻa. Iranian criminal laws provide many avenues for victims to forgo retributive sanctioning. But preserving the right of retribution serves several purposes: maintaining the sovereign's monopoly on legitimate violence, giving victims a sense of power, and halting the cycle of violence. The way Iran achieves this comprises an interesting balancing act between maintaining the monopoly over legitimate violence and granting individual victims the right of retribution, which its leaders believe, through their interpretation of the shariʻa, cannot be appropriated by the sovereign. Since the law categorizes intentional murder as qisas and leaves judges with no discretion in sentencing, the judges may use their considerable influence to pressure the family to forgo retribution. The chapter then considers the role of judges and examines how the laws (substantive and procedural) shape their reasoning and discretion in both sentencing and encouraging forbearance.

Art and Morality

Philosophy ◽  
2013 ◽  
Author(s):  
Andrea Sauchelli
Keyword(s):  
Moral Education ◽  
Great Majority ◽  
Well Being ◽  
Point Of View ◽  
Proper Function ◽  
Human Beings ◽  
Ethical Criticism ◽  
Positive Role ◽  
Works Of Art

A great number of works of art, it is commonly claimed, are aesthetically valuable. Some philosophers have even argued that providing an aesthetically pleasing experience is their only proper function. However, some of these artworks display or invite us to adopt an immoral point of view. Even worse, they even seem to make immoral situations delightful and appealing. The following questions thus arise: Does the alleged immorality of these works count as an aesthetic or artistic defect? Can an immoral movie or novel ever be a great example of its kind? In addition to these concerns related to art evaluation, the connection between various forms of art and morality has been investigated by discussing the capacity of works of art to move us emotionally. More specifically, thinkers from different traditions and ages have remarked that works of art are clearly able, first, to stir our emotions in a particularly effective way, and, second, to invite us to act following certain ideas that have been made appealing by their beauty or other aesthetic qualities. Plato was the first in the Western tradition to evaluate in a systematic way whether, as a consequence of the previous considerations, we should supervise the storytellers who are supposed to educate our youth. Other philosophers, from Aristotle to more recent advocates of the value of the humanities, have argued in favor of the positive role that truly great works of art may have in our moral education. Contemporary philosophers are also interested in the role of imagination in fictional immoral contexts (can we engage with immoral works of art and be justified in so doing?). They are also interested in the role played by art in contributing to our well-being and flourishing as human beings. The great majority of recent works on the topic, however, are focused on an assessment of the arguments in favor or against ethical criticism, with a particular emphasis on the criticism of representational works of art. Other issues at the intersection of art and morality are the concept of the obscene, the value of pornography, and censorship.

Dialogue Beyond Belief: The Role of Participation in Religious Practices as the Meeting Point for Muslim Christian Encounter

2019 ◽  
Vol 36 (3) ◽  
pp. 196-209 ◽  
Author(s):  
Dejan Azdajic
Keyword(s):  
Belief Systems ◽  
Point Of View ◽  
Religious Practices ◽  
Human Beings ◽  
Normative Beliefs ◽  
Sociological Approach ◽  
Natural Context ◽  
Islam And Christianity ◽  
Actual Participation

In spite of a commendable proliferation of Muslim-Christian initiatives in recent years, progress has been slow. Islam and Christianity are essentially two rival belief systems each claiming doctrinal and theological superiority. Any serious dialogue that goes deeper into these issues and attempts to discover new hermeneutical bridges inevitably reaches its explanatory limit. In this article, I argue that there may perhaps be new ways to overcome this historic standstill. Borrowing from insights gained from a sociological approach to the study of religion, it becomes evident that it is necessary to distinguish between religion as a set of normative beliefs and the concrete implementation of those beliefs through religious practices. The application of theory into authentic forms of embodied religiosity is the responsibility of believers themselves. They concretize the normative prescriptions through a contextualized, local interpretation that is both pragmatic and meaningful in order to make sense of their everyday lives. To understand religion intellectually, it is necessary to consider its fundamental anthropological dimension. Hence, the study of religion must ultimately include the study of human beings in their natural context and from their point of view. Moreover, I provide evidence that true insight is contingent upon actual participation in the religious practices themselves. Building on this argument, this article suggests that Muslim-Christian relations would significantly benefit from including shared participation in sacred religious performances as part of the strategy for a successful encounter.

IMPACT OF THE ROLE OF THE JURISPRUDENCE OF THE EUROPEAN UNION COURT OF JUSTICE IN THE FIELD OF ENVIRONMENTAL PROTECTION

2018 ◽  
Vol 4 (2) ◽  
pp. 77-89
Author(s):  
Anna Kęskiewicz
Keyword(s):  
European Union ◽  
Environmental Protection ◽  
Environmental Law ◽  
Point Of View ◽  
The European Union ◽  
European Union Law ◽  
Court Of Justice ◽  
The Law ◽  
Law Making

The use of dogmatic-legal, empirical and linguistic semantics methodology is focused on sharing for better understanding of the law. Therefore, views on European jurisprudence have been presented in the paper. Without a doubt, the law-making nature of European Union law takes into account the field of environmental protection. Articles in law define the tasks that are important from the point of view of European legislation. The written nature of these determinants of the reasoning of the possibilities of environmental protection plays an important role in the interpretation of environmental law.

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