scholarly journals Kedudukan Orang Kelainan Upaya (OKU) Sebagai Asnaf Ar-Riqab di Malaysia

2018 ◽  
Vol 12 (1) ◽  
pp. 37-55
Author(s):  
Azman Ab Rahman
Keyword(s):  
Social Welfare ◽  
The State ◽  
Ministry Of Health ◽  
Legal Provisions ◽  
The Disabled ◽  
The Status ◽  
Definition Of

This study is conducted to analyze and identify the status of disabled person as recipient. The issue is whether the disabled person can be considered as ar-riqab and what are the ‘illah that allow this consideration? Thus, the objective of this study is to understand the definition of ar-riqab given by the previous scholars and contemporary jurists and also fatwas related to it. This study also intends to discover the new concept and interpretation of ar-riqab presented by the scholars and to justify whether the disabled person can be included as ar-riqab in Malaysia. The study found that disabled person is qualified to be recognized as recipient but it must follow the criteria and requirements prescribed by Shariah, the Department of Social Welfare and the Ministry of Health. As this matter is related to new ijtihad, it is important to comply with these requirements and criteria and to consider all aspects related to it before a specified legal provisions or hukm is issued. It is hope that this study may guide zakat institutions and the State Islamic Council in reviewing the issue conferred. Keyword(s): Disabled person, recipient, zakat, ar-riqab, Malaysia ABSTRAK Kajian ini dijalankan bagi menganalisis dan mengenal pasti kedudukan Orang Kelainan Upaya (OKU) sebagai asnaf ar-riqab dalam konteks pada masa kini. Isu ini dapat dibincangkan dengan memahami perluasan konsep dan interpretasi asnaf ar-riqab berdasarkan ijtihad para ulama. Perluasan konsep dan interpretasi asnaf ini adalah penting agar ia lebih bersifat holistik dan bersesuaian dengan maslahat semasa. Persoalannya, adakah perluasan konsep dan interpretasi ar-riqab ini membolehkan golongan OKU dikategorikan di bawah golongan ar-riqab dan apakah ‘illah yang membolehkan mereka dimasukkan sebagai golongan ini? Justeru, objektif kajian ini adalah untuk memahami definisi sebenar asnaf ar-riqab menurut ulama’ dulu dan kini termasuk fatwa-fatwa yang berkaitan dengannya serta mengetahui perluasan konsep dan interpretasi ar-riqab oleh para ulama. Kajian ini juga akan menilai kedudukan OKU sebagai asnaf zakat dan mengenalpasti kriteria-kriteria OKU yang boleh dimasukkan sebagai asnaf ar-riqab. Kajian mendapati bahawa bahawa OKU layak menerima zakat tetapi mestilah berdasarkan kriteria dan syarat yang telah ditetapkan oleh Syarak, Jabatan Kebajikan Masyarakat dan Kementerian Kesihatan. Perkara ini penting kerana ia merupakan satu ijtihad yang perlu mengambil kira semua aspek sebelum sesuatu ketetapan hukum ditentukan. Diharapkan kajian ini menjadi panduan kepada institusi zakat dan Majlis Agama Islam Negeri dalam melihat semula keperluan sama ada OKU layak diberikan zakat atau sebaliknya. Kata Kunci: Orang Kelainan Upaya (OKU), Asnaf, zakat, ar-riqab, Malaysia

scholarly journals The door behind the bamboo curtain - Chinese law and policy on refugee status

2021 ◽  
Author(s):  
◽  
Lili Song
Keyword(s):  
Large Scale ◽  
Chinese Government ◽  
Policy And Practice ◽  
Refugee Status ◽  
Chinese Law ◽  
Legal Provisions ◽  
Law And Policy ◽  
High Commissioner ◽  
The Status ◽  
Definition Of

<p>This thesis systematically considers the law and policy on refugee status in the People’s Republic of China. It considers relevant Chinese legal provisions, applicable bilateral and multinational treaties, as well as China’s refugee policy and practice. It also presents and analyses first-hand information collected through interviews with refugees and aid workers.  China is an emerging destination of refugees and other displaced foreigners. Although China is a party to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, Chinese law contains no provisions governing the definition of a refugee or the determination of refugee status. Further, there is a gap between the criteria for asylum in the 1982 Chinese Constitution and the criteria for refugee status in the 1951 Convention.  In practice, although the Chinese government has generally allowed the United Nations High Commissioner for Refugees to process individual applications for refugee status, the Chinese government has practically performed the function of refugee status determination in large-scale influx situations through policy decisions. In these situations, the security, political, and strategic interests of China have often overshadowed China’s commitment under the 1951 Convention.  China has been cautious about recognising refugees on its territory. However, the Chinese government has clearly demonstrated a growing interest in addressing the issue of refugee recognition within a more formalised framework.  In conclusion, this thesis recommends that China adopt a legal refugee definition in line with the 1951 Convention relating to the Status of Refugees and develop a predictable and fair national RSD mechanism.</p>

scholarly journals The door behind the bamboo curtain - Chinese law and policy on refugee status

2021 ◽  
Author(s):  
◽  
Lili Song
Keyword(s):  
Large Scale ◽  
Chinese Government ◽  
Policy And Practice ◽  
Refugee Status ◽  
Chinese Law ◽  
Legal Provisions ◽  
Law And Policy ◽  
High Commissioner ◽  
The Status ◽  
Definition Of

<p>This thesis systematically considers the law and policy on refugee status in the People’s Republic of China. It considers relevant Chinese legal provisions, applicable bilateral and multinational treaties, as well as China’s refugee policy and practice. It also presents and analyses first-hand information collected through interviews with refugees and aid workers.  China is an emerging destination of refugees and other displaced foreigners. Although China is a party to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, Chinese law contains no provisions governing the definition of a refugee or the determination of refugee status. Further, there is a gap between the criteria for asylum in the 1982 Chinese Constitution and the criteria for refugee status in the 1951 Convention.  In practice, although the Chinese government has generally allowed the United Nations High Commissioner for Refugees to process individual applications for refugee status, the Chinese government has practically performed the function of refugee status determination in large-scale influx situations through policy decisions. In these situations, the security, political, and strategic interests of China have often overshadowed China’s commitment under the 1951 Convention.  China has been cautious about recognising refugees on its territory. However, the Chinese government has clearly demonstrated a growing interest in addressing the issue of refugee recognition within a more formalised framework.  In conclusion, this thesis recommends that China adopt a legal refugee definition in line with the 1951 Convention relating to the Status of Refugees and develop a predictable and fair national RSD mechanism.</p>

scholarly journals DIMENSI KETERLIBATAN RELAWAN SOSIAL PADA PENYELENGGARAAN PELAYANAN KESEJAHTERAAN SOSIAL KEMENTERIAN SOSIAL REPUBLIK INDONESIA

Sosio Informa ◽  
2021 ◽  
Vol 7 (1) ◽  
Author(s):  
Habibullah habibullah ◽  
Keyword(s):  
Social Welfare ◽  
Social Institutions ◽  
Community Group ◽  
Four Dimensions ◽  
General Terms ◽  
The Status ◽  
The Republic ◽  
The Government ◽  
Definition Of ◽  
Social Affairs

Social volunteers are one of the human resources having an important role in the implementation of social welfare. According to Regulation number 16/2017 (Permensos No. 16/2017) of The Minister of Social Affairs of The Republic of Indonesia, Social volunteer is a person and a community group with or without background in social works, but carrying out activities in the field of social welfare of their own accord, not in the government social institutions, with or without emolument. There are not many research results examining Social volunteer in general terms under the supervisiom of the Ministry of Social Affairs of the Republic of Indonesia (Kemensos RI). Therefore, the problem of this article is how the dimensions of social volunteer interaction at Kemensos RI are like, The purpose of this article is to describe in general thedimensions of social volunteer interaction at Kemensos RI, using a literature review. The definition of a social volunteer is not quite right because, in reality, most of the social volunteers are individuals and work in social institutions. The involvement of social volunteers at Kemensos RI is not only determined by Kemensos RI but also by an interaction between the consideration of Kemensos RI and that of social volunteers. In the consideration of Kemensos RI, there are four dimensions, namely the decision to use volunteers, the number of volunteers, the contribution of volunteers to Kemensos RI, and the status of volunteers at Kemensos RI. Meanwhile, the consideration of volunteers is the change of volunteers from their organization, factors and diversity, the intensity and duration of their commitment as well as the quality of their works. This article recommends the consideration of Kemensos RI to use social volunteers not only to pursue a target quantity of social volunteers, but also to consider the quality and interaction of consideration between Kemensos RI and social volunteers so that there is a mutually beneficial relationship between Kemensos RI and social volunteers. Keywords: social volunteers, Ministry of Social Affairs Republic of Indonesia, social welfare, dimension

constitutional inflation

2021 ◽  
Author(s):  
Abdulhamid Alawaq
Keyword(s):  
Judicial Review ◽  
Research Paper ◽  
The State ◽  
Constitutional Rule ◽  
The People ◽  
Islamic Jurisprudence ◽  
The Status ◽  
Public Rights ◽  
Definition Of

One of the methods that the authority uses to empty the constitutional text of its content and prevent it from achieving its goal is its resort to the two phenomena of “constitutional inflation” in sites that the nation does not need, and “constitutional failure” in sites that are expected from the text to protect public rights and freedoms or prevent an authority from overpowering the rest of the authorities. This is how the authority did in the Syrian constitution of 2012. It resorted to both phenomena together to achieve its goal of using the constitution as a tool and not as a control of the authority’s work. If legislative inflation is clear to legal jurisprudence, constitutional inflation is shrouded in ambiguity, so it resorted to a procedural definition of the research paper and considered every constitutional rule that does not bear the status of binding as a type of inflation. then I applied this definition to the general principles contained in the Syrian constitution in 32 articles, unlike democratic constitutions, which are shortened to articles regulating the general principles of the state. It became clear to me that only five articles are binding and the rest are non-binding guiding articles that are not suitable for reliance on judicial review. I have studied the rule (Islamic jurisprudence is a major source of legislation) in Syria and Egypt, and it has become clear to me that the authority intends to put it into place as a kind of distraction from paying attention to the rest of the constitution’s rules regulating public liberties and powers, even though the constitutional doctrine considers them to be non-binding. The struggle between the components of the people is still going on when drafting any constitution on general principles, most of which do not carry legal value.

The Disappearance of Strikes in Tanzania: Incomes Policy and Industrial Democracy

1979 ◽  
Vol 17 (2) ◽  
pp. 219-251 ◽  
Author(s):  
Dudley Jackson
Keyword(s):  
Collective Action ◽  
Social Welfare ◽  
Industrial Relations ◽  
The State ◽  
Living Standards ◽  
Industrial Democracy ◽  
Incomes Policy ◽  
Three Strikes ◽  
Definition Of

During the last few inflation-ridden years many countries have experienced a severe crisis of industrial relations as workers tried, through collective action, to preserve their living standards against the pressure of rising prices. But Tanzania stands as a conspicuous example of one country where, during the 1970s, strikes seem virtually to have disappeared, as may be seen from Table I.1 It is true that the Tanzanian definition of a strike excludes disputes lasting less than one day; and it is also true that there have been occasions since 1972 when workers have ‘downed tools’ for brief protest periods. But the lack of reported strikes in Tanzania is not a statistical illusion. The Labour Officers of the Ministry of Labour and Social Welfare keep a close watch on the state of industrial relations, and these occurrences are known to and are reported by them, as is shown by their recording of three strikes in 1977. This last fact also demonstrates that strikes can still occur in Tanzania.

scholarly journals Dilemmas in the Legal Treatment of the Status of People Living with Disabilities

2015 ◽  
Vol 10 (1) ◽  
pp. 97-106
Author(s):  
Ildikó Laki ◽  
László Tóth
Keyword(s):  
Free Market ◽  
Modern Society ◽  
Self Determination ◽  
Social Discourse ◽  
Social Self ◽  
The Disabled ◽  
The Status ◽  
The One ◽  
Definition Of ◽  
Proper Interpretation

AbstractThe legal treatment of disability affairs carries in itself an inherent contradiction due to the nature of modern society and free-market economy. On the one hand both the historically developed notions of essentialism and on the other the particular-functional definition of manhood drawing its roots from the established democratic order and market economics are present simultaneously. However, within the current order of things there is an unbridgeable divide between them. Nevertheless, with the progression of time there is a slow gradual shift discernible away from the functional definition with the parallel strengthening of the essentialist approach. This shift is further exaggerated by the more widespread acceptance of the rights of self-determination and the provision of opportunities for the disabled, the emergence of social self-determination in case of a population subgroup living under special conditions. For the proper interpretation of the currents in the evolution of legal treatment of disabled people it would be indispensable to institute a proper social-discourse analysis, which, however, exceeds in scope its narrowly defined task.

scholarly journals THE STATE OF LEGAL REGULATION OF OFFICIAL INVESTIGATIONS IN THE PROSECUTOR'S OFFICE

2020 ◽  
Vol 2 (4(106)) ◽  
pp. 67-73
Author(s):  
В. О. Галушко
Keyword(s):  
Social Relations ◽  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Current State ◽  
The Status ◽  
Definition Of ◽  
Main Regulator ◽  
High Level

The relevance of the topic of the article is that the implementation of legal procedures within a particular branch of law requires a clear establishment and definition of key stages, procedures, patterns and subjective composition of the latter. That is, we are talking about the legal regulation of legal processes, the high level of quality of which directly affects the effectiveness and efficiency of the relevant sequences of legally significant actions. Official investigations in the prosecutor's office in this aspect are no exception, so it is appropriate to analyze the current state of their legal regulation. Determining the state of legal regulation of official investigations in the prosecutor's office requires a full understanding of the features and internal nature of this category. Note that legal regulation has a deep theoretical basis. It can be pointed out that legal regulation in a separate part is an expression of the content of the principle of the rule of law, that is, it is an indicator of the action of law as the main regulator of social relations. However, there are other features of this category that are important to outline within this article. The article, based on the analysis of scientific views of scientists, offers the author's vision on the interpretation of the concept of legal regulation of official investigations in the prosecutor's office of Ukraine. Emphasis is placed on the specifics of the mechanism of legal regulation of official investigations in the prosecutor's office and identified features of its structure. The general assessment of the state of legal regulation of official investigations in the prosecutor's office is given. It is concluded that at the present stage the legal regulation of official investigations in the prosecutor's office is disordered in its internal structure. Yes, there is a corresponding dissonance between the status and the practice of applying official investigations. The procedure for this procedure, the subject composition, the local legal framework, as well as other mechanical features of official investigations are developed and have the appropriate forms of operation. At the same time, the status and purpose of official investigations in the prosecutor's office, their connection with disciplinary proceedings, principles, as well as the general place in the field of official discipline of prosecutors in modern realities are not properly regulated.

scholarly journals TO CHARACTERIZE THE CURRENT STATE OF LEGAL REGULATION OF PENSIONS OF JUDGES

2020 ◽  
Vol 2 (4(106)) ◽  
pp. 269-275
Author(s):  
Ю. І. Соколова
Keyword(s):  
Public Relations ◽  
Social Protection ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Norms ◽  
Legal Provisions ◽  
The Status ◽  
General Order ◽  
Definition Of ◽  
The Impact

The relevance of the article is that when forming a theoretical and legal position on the content of a phenomenon or object, the issue of its settlement by law is especially important. The study of various aspects of judges' pensions has shown the key role of the normative component in the content of this problem, through which the legal reality establishes its influence on the relations arising in the field of pensions of judges. It should be noted that the legal regulation is characterized by the following features: it is, first, the impact of law on public relations, which is carried out through a separate group of legal instruments - legal norms; secondly, normative-legal regulation is a part of complex legal influence, in other words, it shows only one of clusters of legal regulation of the corresponding object; thirdly, the intensity, efficiency, breadth and other mechanical factors of legal regulation directly depend on the quality and system of legal provisions and norms that build the content of the category. The article, based on the analysis of scientific views of scientists, proposes the author's definition of the concept of legal regulation of judges' pensions. The main normative-legal acts of the legislative and by-law level which fix the principles of regulation of public relations in the field of pension provision of judges are singled out. It is concluded that the main feature of the legal regulation of judges' pensions is the presence of two groups of legal documents, namely: general, which establish guarantees of social protection and pensions in Ukraine as a whole, led by the Constitution, and special - the Law of Ukraine "On Judiciary and the Status of Judges" dated 02.06.2016 №1402-VIII, documents of judicial self-government bodies - establish the peculiarities of judges receiving pensions and monthly lifetime allowance. At the same time, the disadvantage of the special legal framework is the lack of norms that clearly explain the procedure and features of both types of pensions for judges, by paying them pensions in the general order and a monthly lifetime allowance. In particular, the special normative-legal base does not explain the content of the monthly lifetime cash maintenance and the main points of its legal significance.

scholarly journals Who Is a Native of Sabah? A Legal Analysis

2021 ◽  
Vol 6 (10) ◽  
pp. 558-566
Author(s):  
Rafidah@Malissa Binti Salleh ◽  
Lenny James Matah ◽  
Ku Mohd Amir Aizat Ku Yusof ◽  
Hershan@Ray Herman
Keyword(s):  
The State ◽  
Legal Analysis ◽  
Special Position ◽  
Legal Provisions ◽  
State Constitution ◽  
Federal Constitution ◽  
Definition Of ◽  
Sabah And Sarawak

Article 161A of the Federal Constitution provides for the special position of natives of Sabah and Sarawak. Who are the natives of Sabah? There are legal definitions provided in the Federal Constitution, the State Constitution of Sabah and the Sabah Interpretation (Definition of Native) Ordinance 1952. However, each provision provides vague and unclear definitions for the term "native". This vague and inconsistent definition leads to so many problems faced by the natives of Sabah, both in economic and political aspects. Thus, this paper aims to analyse the relevant legal provisions concerning the definition of a native of Sabah and highlight possible solutions to the problems.

scholarly journals Analysis of theoretical and methodological approaches to determining the concept of "customs regimes"

2021 ◽  
Vol 2 (99) ◽  
pp. 361-372
Author(s):  
S. Iu. Sokoliuk ◽  
◽  
O. S. Tupchiу ◽  
O. V. Zharun
Keyword(s):  
Economic Activity ◽  
The State ◽  
National Interests ◽  
Economic Relations ◽  
The Status ◽  
Financial Interests ◽  
Characteristic Features ◽  
National Industry ◽  
Definition Of

The article analyzes the concept of "customs regime", characteristic features are formulated, main elements, goals and functions of customs regimes in the development of foreign economic relations. The classical classification of customs regimes under the Customs Code of Ukraine is substantiated. Based on the analysis, a position on the study concept is substantiated, the interpretation of the category "Customs regimes" is provided. The conducted research confirms that under the customs regime, we understand the set of customs procedures that establish the rules for moving goods through the customs border of Ukraine and their further use in order to ensure the interests of the state in the customs sphere. The functions of customs regimes are analyzed: fiscal, which finds its implementation in the collection of customs payments in order to ensure the financial interests of the state in foreign economic activity; stimulating, implemented by exempt from customs taxation and the use of non-tariff regulation, simplification of customs procedures in order to stimulate subjects of foreign economic activity, promoting the development of a national economy, etc.; protective, which involves the use of non-tariff regulatory measures and aims to protect the economic and other national interests of the state by introducing a licensing, quota and other non-tariff restrictions when placing goods in customs regimes; control - aimed at ensuring compliance with the norms of the current legislation of Ukraine in the customs sphere, which is implemented through specific methods and forms inherent in control in the field of public administration; the regulatory, purpose of which is to regulate the order of action when placing the goods in the customs regime associated with the direction of movement of goods through the customs border, the definition of the status of goods and operations with it, etc. According to the results of generalization, the study is substantiated by the classification of customs regimes, which includes: a) the main (import (issue for free circulation) and export) as customs regimes aimed at ensuring the state's financial interests in foreign economic activity; protection of its economic and other national interests; b) preferential customs regimes (transit, customs warehouse, free customs zone, temporary import of goods to customs territory and exports at its boundaries, processing in customs territory and abroad), the purpose of applying which is to stimulate the subjects of foreign economic activity of the state, development of the national industry, promoting international trade, economic relations and relationships in the humanitarian sphere; c) special customs regimes (Repimport, re-export, duty-free trade, destruction or destruction and refusal of the state) that are not provided for by the European Union's customs law and in its essence or are auxiliary, or such that define certain signs of goods.

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