scholarly journals Al-Aslu Fi Al-Asyya’ Baina Al-Ibahah Aw Al-Hazr: Pemakaiannya dalam Keputusan Muzakarah Jawatankuasa Fatwa Majlis Kebangsaan Bagi Hal Ehwal Ugama Islam Malaysia

2018 ◽  
Vol 13 (1) ◽  
pp. 1-15
Author(s):  
Mushaddad Hasbullah ◽  
Zulfaqar Mamat ◽  
Mohamad Zaharuddin Zakaria
Keyword(s):  
Main Argument ◽  
Legal Decisions ◽  
The Public ◽  
Food And Beverage ◽  
The Law

This study attempts to expose the problem of the origin of a matter which has no clear and detailed argument whether it is illegal or necessary, as the jurists have disputed about this, where some of them have made al aslu fi al-asyya al-ibahah as a legal maxim used in their school, and some others use the al-asl fi al-asyya al-hazr as a maxim. The author tries to clarify the disputes among the scholars on the matter with the arguments and the opinion of the rulers. The writer also considers the application of this maxim in MJFK, which shows that its application is more focused in the law of food and beverage. The study also found that this method was not used as the main argument but simply as an argument supporting the main argument. It is hoped that this study will provide a new exposures to the public on the use of al aslu fi al-asyya al-ibahah in making legal decisions. Keywords: Legal maxim, MJFK decision. ABSTRAK: Kajian ini cuba mendedahkan permasalahan mengenai asal sesuatu perkara yang tidak mempunyai dalil yang jelas dan terperinci samada ianya haram ataupun harus, ini kerana para fuqaha’ telah berselisih pendapat mengenai perkara ini, di mana sebahagian daripada mereka telah menjadikan al aslu fi al asyya’ al ibahah sebagai satu kaedah fiqhiah yang digunapakai dalam mazhab, dan sebahagian yang lain menggunakan kaedah al aslu fi al asyya’ al hazr. Penulis cuba menjelaskan perselisihan ulama mengenai perkara tersebut beserta dengan dalil-dalil dan pendapat yang rajih. Seterusnya penulis menilai pemakaian kaedah ini dalam MJFK, dimana ia menunjukkan pengaplikasiannya lebih tertumpu dalam bab hukum berkaitan makanan dan minuman. Kajian juga mendapati kaedah ini bukan digunakan sebagai dalil utama sebaliknya hanya sebagai hujah yang menyokong dalil utama tersebut.   Adalah diharap agar kajian ini akan dapat memberi satu pendedahan baru kepada masyarakat tentang penggunaan kaedah al aslu fi al asyya’ al ibahah dalam pembuatan sesuatu keputusan hukum. Kata kunci: Kaedah fiqhiah, Keputusan MJFK

Recent Decisions Affecting the Law of Life Assurance

1938 ◽  
Vol 69 (2) ◽  
pp. 106-135
Author(s):  
Sydney Henry Levine
Keyword(s):  
Public Opinion ◽  
Good Reason ◽  
Legal Decisions ◽  
The Public ◽  
Life Assurance ◽  
Gradual Development ◽  
The Law

I should like to say first that I am extremely sensible of and greatly appreciate the honour that the Institute has done me by inviting me to submit this paper. In writing it I have felt throughout the difficulty that arises from the very different approach which a lawyer makes to legal decisions from that which an actuary may be expected to make. Cases interest me because of the niceties of construction they involve or of their subtle distinctions from other cases, or again because they mark the gradual development of the judicial mind in conformity with the public opinion of the preceding generation. To actuaries the interest of cases must primarily lie in their bearing on the practical problems of life assurance work. In discussing cases, therefore, I have felt that the reaction of readers will be sometimes that I have been labouring a decision that was obvious from the start, at others that the point at issue is obsolete because no company has had such a condition in its policies for the last ten years or for some equally good reason. Knowing next to nothing of life assurance practice, I have been unable to avoid this defect, and can only ask that it be excused.

Female Professionals and (Neo-)Victorianism: The Case ofThe Good Wife

2016 ◽  
Vol 6 (1) ◽  
pp. 5-24
Author(s):  
Isabel Santaularia i Capdevila
Keyword(s):  
Television Series ◽  
The Public ◽  
Bleak House ◽  
Professional Success ◽  
The Law ◽  
Good Wife ◽  
Woman In White ◽  
The Public Sphere ◽  
Female Professionals ◽  
Nineteenth Century Novels

The article examines The Good Wife (CBS 2009–), as well as other recent television series with female professionals as protagonists, alongside nineteenth-century novels such as Wilkie Collins's The Woman in White and The Law and the Lady, Charles Dickens's Bleak House, or Bram Stoker's Dracula, which, like The Good Wife, place ‘the law’ and ‘the lady’ in direct confrontation. This comparative analysis reveals that current television series, even those that showcase women's professional success, articulate a discourse that valorises domestic stability and motherhood above professional achievements and, therefore, resonate with Victorian ideologies about the conflicted relation between women and the public sphere. Contemporary television series are not so different from Victorian texts that grant their heroines freedom to move outside home-boundaries, while treating women's public ascendancy as a transgression of normative femininity and using a number of strategies devised to guarantee women's return home and/or an appreciation of what they have to sacrifice in order to advance in their careers.

SOCIAL RESPONSIBILITY OF THE COURT AS A PREREQUISITE FOR THE LEGAL RESPONSIBILITY OF A JUDGE

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Social Responsibility ◽  
Legal Responsibility ◽  
Court Cases ◽  
Council Of Europe ◽  
The Public ◽  
The Social ◽  
Modern System ◽  
The Status ◽  
The Law ◽  
Conceptual Foundations

The article reveals the conceptual foundations of the social responsibility of the court as an important prerequisite for the legal responsibility of a judge. It has been established that the problem of court and judge liability is regulated by the following international and Ukrainian documents, such as: 1) European Charter on the Law «On the Status of Judges» adopted by the Council of Europe; 2) The Law of Ukraine «On the Judicial System and the Status of Judges»; 3) the Constitution of Ukraine; 4) The Code of Judicial Ethics, approved by the Decision of the XI (regular) Congress of Judges of Ukraine; 5) Recommendation CM/Rec (2010) 12 of the Cabinet of Ministers of the Council of Europe to member states regarding judges: independence, efficiency and responsibilities; 6) Bangalore Principles of Judicial Conduct. The results of a survey conducted by the Democratic Initiatives Foundation and the Razumkov Center, the Council of Judges of Ukraine and the Center for Judicial Studios with the support of the Swiss Agency for Development and Cooperation based on the «Monitoring of the State of Independence of Judges in Ukraine – 2012» as part of the study of the level of trust in the modern system were considered and analyzed, justice, judges and courts. It is determined that a judge has both a legal and a moral duty to impartially, independently, in a timely manner and comprehensively consider court cases and make fair judicial decisions, administering justice on the basis of legislative norms. Based on the study of the practice of litigation, it has been proven that judges must skillfully operate with various instruments of protection from public influence. It has been established that in order to ensure the protection of judges from the public, it is necessary to create special units that will function as part of judicial self-government bodies. It was proposed that the Council of Judges of Ukraine, which acts as the highest body of judicial self- government in our state (in Ukraine), legislate the provision on ensuring the protection of the procedural independence of judges.

LEGAL ESSENCE OF ANCIENT PROVERBS AND SAYS AND THEIR SOCIAL SIGNIFICANCE

2020 ◽  
Author(s):  
Angela Dranishnikova ◽  
Ivan Semenov
Keyword(s):  
Public Sphere ◽  
Rule Of Law ◽  
Social Significance ◽  
The Rule Of Law ◽  
The Public ◽  
Moral Standards ◽  
The Social ◽  
The Law ◽  
The Public Sphere ◽  
Status Position

The national legal system is determined by traditional elements characterizing the culture and customs that exist in the social environment in the form of moral standards and the law. However, the attitude of the population to the letter of the law, as a rule, initially contains negative properties in order to preserve personal freedom, status, position. Therefore, to solve pressing problems of rooting in the minds of society of the elementary foundations of the initial order, and then the rule of law in the public sphere, proverbs and sayings were developed that in essence contained legal educational criteria.

ANALISA YURIDIS HAK KEBEBASAN BERPENDAPAT BERDASARKAN KETENTUAN UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK

2020 ◽  
Vol 18 (1) ◽  
pp. 001
Author(s):  
Eddy Suwito
Keyword(s):  
Social Media ◽  
General Public ◽  
Legal Information ◽  
The Public ◽  
Harm To Others ◽  
The Law ◽  
The Republic

The development of technology that continues to grow, the public increasingly facilitates socialization through technology. Opinion on free and uncontrolled social media causes harm to others. The law sees this phenomenon subsequently changing. Legal Information Known as Information and Electronic Transaction Law or ITE Law. However, the ITE Law cannot protect the entire general public. Because it is an Article in the ITE Law that is contrary to Article in the 1945 Constitution of the Republic of Indonesia.

PERSOALAN KEHIDUPAN KONTEMPORER: MENGGAGAS KAJIAN SACHEDINA TENTANG THEOLOGI PLURALISME

EMPIRISMA ◽  
2017 ◽  
Vol 26 (1) ◽  
Author(s):  
Limas Dodi
Keyword(s):  
Religious Pluralism ◽  
Main Argument ◽  
Religious Groups ◽  
Common View ◽  
The Public ◽  
The People ◽  
Muslim Majority ◽  
The Common ◽  
The Relationship ◽  
Religious Differences

According to Abdulaziz Sachedina, the main argument of religious pluralism in the Qur’an based on the relationship between private belief (personal) and public projection of Islam in society. By regarding to private faith, the Qur’an being noninterventionist (for example, all forms of human authority should not be disturb the inner beliefs of individuals). While the public projection of faith, the Qur’an attitude based on the principle of coexistence. There is the willingness of the dominant race provide the freedom for people of other faiths with their own rules. Rules could shape how to run their affairs and to live side by side with the Muslims. Thus, based on the principle that the people of Indonesia are Muslim majority, it should be a mirror of a societie’s recognizion, respects and execution of religious pluralism. Abdul Aziz Sachedina called for Muslims to rediscover the moral concerns of public Islam in peace. The call for peace seemed to indicate that the existence of increasingly weakened in the religious sense of the Muslims and hence need to be reaffi rmed. Sachedina also like to emphasize that the position of peace in Islam is parallel with a variety of other doctrines, such as: prayer, fasting, pilgrimage and so on. Sachedina also tried to show the argument that the common view among religious groups is only one religion and traditions of other false and worthless. “Antipluralist” argument comes amid the reality of human religious differences. Keywords: Theology, Pluralism, Abdulaziz Sachedina

FEATURES OF RISK MANAGEMENT AFTER REALIZING PPP PROJECTS

2018 ◽  
Vol 1 (12) ◽  
pp. 179-190
Author(s):  
Mariya Zinovievivna Masik
Keyword(s):  
Risk Management ◽  
The State ◽  
Financial Risks ◽  
Contract Negotiations ◽  
The Public ◽  
Political Risks ◽  
Force Majeure ◽  
Investment Agreement ◽  
The Law ◽  
Partnership Agreement

The article is devoted to the clarification of the peculiarities of risk management during the implementation of PPP projects. The author identifies a set of risks for a private partner, business risks of PPP projects and the main risks associated with the protests of the public, as well as public and international organizations. The typical risks of PPP projects are presented, including force majeure, political risks, profitability risks, operational, construction, financial risks, and the risk of default. The world experience of sharing risks between the partners is presented. Also named are the main methods for assessing the risks of PPP projects. It has been determined that the conditions on which the parties should reach agreement in order for the contract to be concluded are essential. Risk management can be implemented within the framework of the essential conditions for the allocation of risks. However, the provisions of the law provide for the allocation of only those risks identified by the results of an analysis of the effectiveness of the PPP project. Legislation does not directly determine how risks can be allocated to the risks identified during the pre-contract negotiations (or even at a later stage), but not taken into account in the analysis of efficiency. For example, suggestions on the terms of the partnership agreement as part of the bidding proposal may include suggestions on risk management mechanisms. There are no definite and can not be fully defined possible ways of managing risks in view of their specificity for a particular project. For this purpose, it is advisable to provide for a period of familiarization with the draft tender documentation and the possibility of making changes to it based on the findings received from potential contestants. It is also advisable to foresee cases in which it is possible to review certain terms of the contract without a competition. It is substantiated that the law does not restrict the possibility of foreseeing specific terms of an agreement on the implementation of the PPP project or to conclude additional (auxiliary) contractual instruments (for example, an investment agreement). At the same time, when laying down conditions not provided for by law, it is necessary to take into account the scope of competence of the state partner. Also, in order to ensure the principle of equality of conditions, the state partner should provide such additional conditions in the tender documentation.

Causes, Scope and Features of Disputes in Budgetary Sphere

2020 ◽  
Vol 2 ◽  
pp. 80-89
Author(s):  
A. D. Selyukov ◽  
Keyword(s):  
Public Sector ◽  
Goal Setting ◽  
Management Decision ◽  
Public Interests ◽  
The Public ◽  
Legal Relationship ◽  
Setting Mechanism ◽  
The Law ◽  
Judicial Protection ◽  
Ruling Party

The article is devoted to identifying the features of conflicts in the public sector as a basis for disputes, including with the participation of courts. The concept of «public interests» is introduced, on the basis of which the characteristic of disputes in the budgetary sphere is given as a dispute between the parties, relations between which are based on the method of legal inequality. It is concluded that by virtue of the law, the ruling party gives instructions to the subordinate party to do something in relation to the budget, but not always the public interests of the parties to the legal relationship are equally protected by law, which is not sufficiently manifested in the practice of legal support of budgetary activities. Since the efforts of the legislator to regulate budgetary relations are mainly aimed at ensuring procedural activities, they almost do not affect the goal-setting mechanism, so the subordinate party has no opportunity to challenge the management decision that infringes the implementation of the public interests of the subordinate party. By virtue of the above, the courts do not participate in the consideration of issues that go beyond the procedure for spending budget funds and the application of appropriate sanctions. Therefore, frequent cases of arbitrariness of the powerful party in budgetary legal relations remain without proper judicial protection. To solve the problem, it is required to introduce the institution of goal-setting in the budget legislation, so that it will be possible to talk about the proper provision of public interests in the budget sphere.

scholarly journals Does the Law Determine What Heritage to Remember?

2021 ◽  
Author(s):  
Marie-Sophie de Clippele
Keyword(s):  
Cultural Identity ◽  
Cultural Heritage ◽  
State Intervention ◽  
Historical Knowledge ◽  
Human Right ◽  
Political Will ◽  
The Public ◽  
The Past ◽  
The Law ◽  
Ideological Manipulation

AbstractCultural heritage can offer tangible and intangible traces of the past. A past that shapes cultural identity, but also a past from which one sometimes wishes to detach oneself and which nevertheless needs to be remembered, even commemorated. These themes of memory, history and oblivion are examined by the philosopher Paul Ricoeur in his work La mémoire, l’histoire, l’oubli (2000). Inspired by these ideas, this paper analyses how they are closely linked to cultural heritage. Heritage serves as a support for memory, even if it can be mishandled, which in turn can affect heritage policies. Memory and heritage can be abused as a result of wounds from the past or for reasons of ideological manipulation or because of a political will to force people to remember. Furthermore, heritage, as a vehicule of memory, contributes to historical knowledge, but can remain marked by a certain form of subjectivism during the heritage and conservation operation, for which heritage professionals (representatives of the public authority or other experts) are responsible. Yet, the responsibility for conserving cultural heritage also implies the need to avoid any loss of heritage, and to fight against oblivion. Nonetheless, this struggle cannot become totalitarian, nor can it deprive the community of a sometimes salutary oblivion to its own identity construction. These theoretical and philosophical concepts shall be examined in the light of legal discourse, and in particular in Belgian legislation regarding cultural heritage. It is clear that the shift from monument to heritage broadens the legal scope and consequently raises the question of who gets to decide what is considered heritage according to the law, and whether there is something such as a collective human right to cultural heritage. Nonetheless, this broadening of the legislation extends the State intervention into cultural heritage, which in turn entails certain risks, as will be analysed with Belgium’s colonial heritage.

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