scholarly journals Al-Amr ‘inda ‘ulama al-Balagah wa ‘Ulama Usul al-Fiqh ‘ala Mustawa al-Ta’rif wa al-Siyag wa al-Ma’ani al-Siyaqiyah

2021 ◽  
Vol 5 (2) ◽  
pp. 179-205
Author(s):  
Yanti Kusnawati ◽  
Ihsan Sa'dudin
Keyword(s):  
The People ◽  
Islamic Jurisprudence ◽  
The Law ◽  
The Difference ◽  
The One ◽  
Special Meaning ◽  
Aesthetic Meaning

Balagah and usul fiqh are two different sciences. Balagah science is the science that reveals an aesthetic meaning which is clearly used in a real expression, Takes an effect in our soul, and maintains the relevance of each sentence with where the phrase is being pronounced. Moreover, please pay attention to the coherence with the people we talk to. Whereas Usul Fiqih is the Islamic legal sciences (Islamic jurisprudence) studied theories, norms, and sources. Both sciences are studied in relation to fi'il amr, In Balagah, Fi'il amr is the one method from Insya Zalbi decree while in Usul Fiqih, fiil amr is the one of Usul Fiqih Norm which is due to that the law and syari’as can increase. And the result of this research is, in Balagah and Usul Fiqih have the same interpretation about fi’il amar that requires to have to do from a higher authority to underling, and that have 4 sigah. And the difference between the two science is from the meaning of fi’il amar, in Balagah have a special meaning from fi’il amar that there is no meaning in Usul Fiqih that the means is lasting. Permission and exemplary. So in Usul Fiqih have a special meaning from fi’il amr there is no meaning in Balagah that means is: obligatory, mouming, admonition, discussion, degradation, patience, dissuasion, delegation.

scholarly journals RELEVANSI HUKUM DAN HAK ASASI MANUSIA DENGAN AGENDA REFORMASI: DIMENSI NASIONAL DAN INTERNASIONAL

2020 ◽  
Vol 5 (2) ◽  
pp. 350
Author(s):  
Ismail Marzuki ◽  
Faridy Faridy
Keyword(s):  
Human Rights ◽  
Social Interactions ◽  
Social Order ◽  
Reform Agenda ◽  
Legal Rules ◽  
Recognition Respect ◽  
Protection Of Human Rights ◽  
The Law ◽  
The Difference ◽  
The One

In life, humans certainly cannot be separated from their social interactions with others. Friction between individuals or between nations is something that is inevitable. That is because the understanding of the legal system and culture of a different society. The difference in opinion certainly needs to be harmonized by not locking up the meeting room of everyone's expression. From here, the existence of legal rules/norms on the one hand becomes important in people's lives. On the other hand, the recognition, respect and protection of human rights are also important to be accommodated. Therefore, this article examines the law as a means of maintaining social order, and human rights as a set of rights that describe the existence of human freedom in expressing their actions, and how relevant they are to the reform agenda, namely enforcing the law against violators of human rights seriously, both in national and international.

scholarly journals Pengaruh pendidikan mitigasi bencana tanah longsor terhadap kesiapsiagaan masyarakat didesa melung kecamatan kedungbanteng kabupaten banyumas

2020 ◽  
Vol 5 (2) ◽  
Author(s):  
Rachmi Ariyani ◽  
Endiyono - Endiyono
Keyword(s):  
Quantitative Methods ◽  
Knowledge Society ◽  
Statistical Test ◽  
Disaster Mitigation ◽  
P Value ◽  
The People ◽  
The Difference ◽  
The One ◽  
The Village ◽  
Landslide Disaster

Objective: Understand Effect of Education Mitigation of Disasters Land landslide against Preparedness Society in Rural Melung District of Kedungbanteng Regency of Banyumas. Methods: This study uses quantitative methods with quasy experimental designs through the one group pretest-posttest design approach. Test were used in research this is a test paired sample t test with a number of 50 respondents were taken by proposive sampling. Results: Result statistical test p-value = 0.0001 ( p-value < 0.05) which means that there are significant landslide disaster mitigation education to the knowledge society in the village of the District Melung Kedungbanteng Banyumas Regency. This influence is indicated by an increase of 5,640 points from the score before training of 6,140. The difference of 5,640 is statistically significant.Conclusion: The preparedness of the village community in melung is included in the category of being ready to face the possibility of a landslide disaster, before the training knowledge of the people of 6,15 but after the knowledge of the rise of 11,78.Keywords: Mitigation disasters soil landslides, Preparednes, Education.

scholarly journals “Bodies can be compelled; minds must be turned, since they cannot be compelled”: Preaching as an “Introduction” to Law in the Ecclesiastes of Erasmus of Rotterdam

2021 ◽  
pp. 7-19
Author(s):  
Dawid Nowakowski
Keyword(s):  
Human Life ◽  
The Political ◽  
Short Discussion ◽  
Political Dimension ◽  
Law Of Nature ◽  
Xvith Century ◽  
The People ◽  
The Law ◽  
Theory Of Law ◽  
The One

The recent studies on the relations between humanism or humanists and jurisprudence convince that Reneaissance, especially in XVIth century, when the national states began to raise, belonged to the periods of increased interest in the issue of law. Although Erasmus was not a layer, nor he introduced in any of his works a complete theory of law, he maintained close relations with many leading theoreticians of the law and jurists (Alciati, Budé, Cantiuncula, Zasius) and sometimes spoke in the legal discussions of his age. Among hist most important works concerning the matter of law were: Institutio principis Christiani, Ratio seu Methodus verae theologiae, Christiani matrimonii institutio, De interdicto esu carnium and Ecclesiastes. In the paper I’m going to concentrate on this latter work, in which Erasmus discusses the significance of preaching, preacher and widely understood Christian rhetoric. In the Ecclesiastes Erasmus touches the law subject with the special emphasis on historical character of law and relations between the divine law, the law of Christ and the law of Nature. After a short discussion about his understaning of law I will concentrate on the essential differentiation between the letter of law and the spirit of law, and I will point at proposed by Erasmus ways of introduction of law into human life. Erasmus, on the one hand, escaped a rigidity and abstraction of law and, on the other, he neutralised an aspect of the coercion of law. In his solution Erasmus appreciated the political dimension of preaching and acknowledged preacher as a more important guide of the people, than ruler. I’m going to interpret the Erasmian concept of preaching as an rhetorical mean of introduction of law in analogical way to “introduction” proposed by Plato in his Nomoi.

scholarly journals The Principle of Taxation Fairness from the Positions of Tax Sovereignty and the Rule of the People

Taxes ◽  
2021 ◽  
Vol 1 ◽  
pp. 13-16
Author(s):  
Mikhail N. Sadchikov ◽  
Keyword(s):  
Tax Law ◽  
Entire System ◽  
Basic Principles ◽  
The Public ◽  
Crucial Question ◽  
The People ◽  
Principle Of Justice ◽  
The Difference ◽  
The One ◽  
Taxation Principle

The principle of justice is the principle of the entire system of law. The principle of fair taxation is the one of the basic principles of tax law. It is crucial question to find out the content of this principle. To author opinion there is public justice taxation but not individual fair taxation. That is to say, the taxation is unfair for individual sometime but it is fair taxation for social purposes. The public fair taxation principle is based on the tax sovereignty and it is generated by democracy. The article discusses the difference in the content of this principle in different states. For example it can be find out from different approaches of states to the progressive taxation question.

ECONOMIC PRINCIPLES IN THE INTRODUCTION TO IBN KHALDUN

2021 ◽  
Vol 03 (04) ◽  
pp. 49-58
Author(s):  
Muhammad Yasin AL-MASHHADANI
Keyword(s):  
Human Services ◽  
Hard Work ◽  
Social Conditions ◽  
The Other ◽  
Ibn Khaldun ◽  
The People ◽  
The Difference ◽  
The One

Ibn Khaldun mentioned in his introduction the truth of livelihood and earning and what is the value of human works, I know that man lacks his nature to his strength and supplies in all stages since his inception to his adulthood, and what he got from this hand refrained from the other except mosquitoes, so that he would spend what God has done from them, in collecting his needs and necessities by paying for them. Then I know that the gain is by seeking acquisition and the intention to earn a living. The objects and types of pension depend on what the investigators meant by the people of literature and wisdom, they said: "The pension is an emirate, trade, agriculture and industry." The emirate is based on the method of earning and earning stipends on the royal levies and their people to obtain a pension, and the trade depends on the transfer of goods from one country to another in order to obtain profit, which is the difference between the value of buying and selling. With regard to farming, it is the profession of hard work, fatigue and misery to obtain a natural pension, as approved by Ibn Khaldun. With regard to industry, she is the one with the knowledge and knowledge to collect a natural pension. With regard to the types of human services to earn a pension, they depend on their method and their provision to the people on social conditions, because the service in the other doors of the emirate and the king who is his way, from the soldier, the policeman and the writer, and who take care of their livelihood from the house of money of the king, sultan or state, and the owners of money and the jah, take care of his servants out of their own money to carry out the work they need. With regard to people with weak minds, they are looking for treasures buried underground to obtain a pension, and in this sense they do not want to make effort and tired to earn

Aristotle on the Rule of Law

2006 ◽  
Vol 23 (1) ◽  
pp. 116-138 ◽  
Author(s):  
Steve Wexler ◽  
Andrew Irvine
Keyword(s):  
Rule Of Law ◽  
Modern Democracy ◽  
Government Action ◽  
The Rule Of Law ◽  
The People ◽  
The Law ◽  
The Difference

In Politics III.10 and IV.4, Aristotle discusses the difference between governments that are regulated by the rule of law and those that are not. Although he concludes that the rule of law helps guard against arbitrary and injudicious government action, Aristotle is also sensitive to the fact that in a democracy it is essential for the people to remain sovereign over the law. His discussion is helpful for understanding, not only the tension between the ‘rule of law’ and the ‘rule of men’, but also the complex role the rule of law plays in any modern democracy.

scholarly journals Me and My Body: The Relevance of the Distinction for the Difference between Withdrawing Life Support and Euthanasia

2011 ◽  
Vol 39 (4) ◽  
pp. 671-677 ◽  
Author(s):  
Andrew McGee
Keyword(s):  
Lung Cancer ◽  
Life Support ◽  
Terminally Ill ◽  
The Body ◽  
The Other ◽  
First Case ◽  
Lethal Injection ◽  
The Law ◽  
The Difference ◽  
The One

In a paper that has recently attracted discussion, David Shaw has attempted to criticize the distinction the law has drawn between withdrawing and withholding life-sustaining measures on the one hand, and euthanasia on the other, by claiming that the body of a terminally ill patient should be seen as akin to life support. Shaw compares two cases that we might, at least at first, regard as distinct, and argues that they are not. In the first case, Adam, who is dying of lung cancer, is connected to a ventilator and requests to be disconnected. In the second case, Brian, also dying of cancer, is not connected to anything, and so he requests his doctor to provide him with a lethal injection. In the first case, Shaw contends, Adam is being kept alive by a ventilator. In the second case, Brian is being kept alive by his body.

scholarly journals When Justice Fails: Jurisdiction and Imprecation in Ancient Egypt and the near East

1992 ◽  
Vol 78 (1) ◽  
pp. 149-162 ◽  
Author(s):  
Jan Assmann
Keyword(s):  
Social Order ◽  
Near East ◽  
Social Institutions ◽  
Ancient Egypt ◽  
The Other ◽  
Near Eastern ◽  
The Social ◽  
The Law ◽  
The Difference ◽  
The One

In this comparative study of ancient belief and practice, the Egyptian evidence is analysed first, then placed in the wider context of the Near East. It is argued that, while laws and curses are both ways of preventing damage by threatening potential evildoers with punishment, the difference lies in the fact that in the one case punishment is to be enforced by social institutions, in the other by divine agents. Curses take over where laws are bound to fail, as when crimes remain undetected and when the law itself is broken or abandoned. The law addresses the potential transgressor, the curse the potential law-changer who may distort or neglect the law. The law protects the social order, the curse protects the law. These points are illustrated by extensive quotation from Egyptian and Near Eastern texts.

scholarly journals THE ARRANGEMENT OF MODERN RETAIL INDUSTRY IN THE PERSPECTIVE OF POSITIVE LAW IN INDONESIA

2020 ◽  
Vol 9 (2) ◽  
pp. 162-171
Author(s):  
Sandra Megayanti ◽  
Candra Irawan ◽  
Emelia Kontesa
Keyword(s):  
Government Regulation ◽  
Retail Industry ◽  
Traditional Markets ◽  
Trade Law ◽  
Positive Law ◽  
The People ◽  
Unfair Competition Law ◽  
The Law ◽  
The One ◽  
Medium Businesses

Indonesia is a state law that all aspects of life in the areas of society, nationality and state affairs including government affairs should be based on the law in accordance with the national legal system, not least in terms of the economy. Economy is the backbone of public welfare, while the law plays an important role that determines how the prosperity achieved and felt by the people. One of the industries that participate in contributing to the growth and development of the Indonesian economy is the modern retail industry. The existence of the modern retail industry as having two sides of a coin, which on the one hand its existence becomes an important part in the economy, one of them in terms of employment. However, on the other hand, the existence of the modern retail industry raises problems, one of which is the rise of this industry makes the small and medium businesses cannot compete. Nevertheless, the existence of modern retail is currently being faced with adverse situations, where there are a lot of modern retailers who had to close their shops in a number of places, in addition, the proliferation of online businesses also adds problems in the modern retail industry. This study aimed to analyze the arrangement of modern retail industry in the perspective of Indonesian positive law. In this case, researcher used a normative legal research methods with qualitative juridical analysis. In terms of setting, the existence of the modern retail industry has not been able to provide its effectiveness in achieving fairness, certainty and expediency. Currently, the setting of modern retail industry could be seen in some rules, such as Law No. 7 of 2014 About the Trade, Law No. 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Competition, Law No. 25 of 2007 on Investment, President Regulation No. 112 of 2007 on Planning and Development of Traditional Markets, Shopping Centers and Modern Stores, and Government Regulation No. 44 of 1997 concerning the Partnership. However, the implementation of these regulations have not been going well because there is no consistency in the process of administration of justice, both by governments and businessesactors.

scholarly journals Law and Refugee Crises

2019 ◽  
Vol 15 (1) ◽  
pp. 289-310 ◽  
Author(s):  
Silvia Pasquetti ◽  
Noemi Casati ◽  
Romola Sanyal
Keyword(s):  
Postcolonial Theory ◽  
Government Officials ◽  
Law And Politics ◽  
The People ◽  
Push Forward ◽  
The Law ◽  
State And Local ◽  
Laws And Policies ◽  
The One

Refugees have an increasing global significance, as their numbers continue to grow and the nature of displacement continues to evolve. Different international, state, and local laws and policies play a part in refugee crises. On the one hand, then, it is important to theorize the role of the law in shaping different formations of displacement; on the other, it is also crucial to address how the people involved in these crises (government officials, street-level bureaucrats, forced migrants, and receiving populations) engage with the law. We highlight and develop three areas of sociolegal inquiry that can push forward the study of the law and politics of refuge: ( a) the uneven geography shaping the global humanitarian machine; ( b) the local contexts within which such a machine operates, interacting with different actors’ conceptualizations of justice; and ( c) the distinct dilemmas that the urban environment poses to both refugees and humanitarians. Advancing these areas of sociolegal inquiry requires enriching established theoretical sources in refugee studies with both neglected ones, such as postcolonial theory and Pierre Bourdieu's sociology of forced displacement, and newer ones, such as Didier Fassin's anthropology of morality and pragmatic sociology of ordinary judgments of fairness.

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