scholarly journals Pemakaian Kaedah Istihlak dan Istihalah dalam Penentuan Produk Halal di Malaysia Berdasarkan Bidangkuasa Perundangan dan Keputusan Hukum Muzakarah Jawatankuasa Fatwa Majlis Kebangsaan Bagi Hal Ehwal Ugama Islam Malaysia

2019 ◽  
Vol 15 (1) ◽  
pp. 23-43
Author(s):  
Zulfaqar mamat Ab rahman
Keyword(s):  
Decision Making ◽  
Well Being ◽  
National Council ◽  
Legal Provisions ◽  
Differences Of Opinion ◽  
Library Studies ◽  
The Law

Sometimes there is a doubt in society, especially Muslims today about food and consumables that have been mixed in terms of content. The purpose of this study is to see the extent of istihlak and istihalah methods in the production of a halal product in Malaysia. Library studies have been used in establishing the basis of decision making for these two methods, views and differences of opinion between the fuqaha on various fiqh school of thought are also highlighted based on their main books. Furthermore, istihlak and istihalah's position in halal product processing in Malaysia is reviewed by examining the enactments and related acts. In addition, the fatwa and legal provisions decided by the authorized party, The National Council of Fatwa Commitee Malaysia were also reviewed to evaluate the application of this method more thoroughly. The study found that istihlak and istihalah methods used in the production of halal products in Malaysia are only in a narrow and restricted context as practice in the Syafie school of thought. Priority to the Syafie school of thought which is the official sects of the country in the determination and interpreting of the law and fatwa continues to be maintained in order to safeguard the harmony and well-being of society in general. ABSTRAK Kajian ini bertujuan untuk melihat sejauhmana kaedah istihlak dan istihalah diterima dalam  menentukan penghasilan sesuatu produk halal di Malaysia. Kajian perpustakaan telah digunakan dalam menetapkan asas penetapan hukum  bagi kedua-dua kaedah ini, pandangan dan perbezaan pendapat antara fuqaha mazhab juga diketengahkan berdasarkan kitab-kitab utama mereka. Seterusnya kedudukan istihlak dan istihalah dalam pemprosesan produk halal di Malaysia dikaji dengan meneliti enakmen dan akta berkaitan. Selain itu, fatwa dan ketetapan hukum yang diputuskan pihak yang diberi kuasa iaitu Muzakarah Jawatankuasa Fatwa Majlis Kebangsaan Bagi Hal Ehwal Ugama Islam Malaysia juga diteliti untuk menilai pemakaian kaedah ini secara lebih menyeluruh. Kajian mendapati kaedah istihlak dan istihalah yang digunakan dalam penghasilan produk halal di Malaysia hanya dalam konteks yang sempit dan terhad sahaja sebagaimana amalan dalam mazhab Syafie. Keutamaan kepada mazhab Syafie yang menjadi pegangan rasmi negara dalam menentu dan mentafsirkan hukum serta fatwa terus dikekalkan demi menjaga keharmonian dan kesejahteraan masyarakat secara amnya.

Inicjatywa ustawodawcza na poziomie państwowym i europejskim – pozorny instrument uspołecznienia procesu prawotwórczego w koncepcji governance

2021 ◽  
Vol 2(163) ◽  
pp. 105-129
Author(s):  
Joanna Podgórska-Rykała
Keyword(s):  
Decision Making ◽  
Good Governance ◽  
Practical Implementation ◽  
European Level ◽  
Current Form ◽  
Legal Provisions ◽  
General Power ◽  
Legislative Initiative ◽  
The Law ◽  
Law Making

The aim of the article is to show the origin and characteristics of the citizens’ legislative initiative and the European legislative initiative through the prism of the concept of good governance, which postulates decision-making inclusiveness. The hypothesis assumed in the considerations indicates that the legislative initiative, as a general power at the national or European level, in its current form, is only a sham instrument for socialization of the law-making process in accordance with the concept of governance. Both institutions in question formally fit into this concept, but the analysis of their functioning in practice shows a contradiction with its essence. The content of the considerations consists of both theoretical and legal remarks as well as those related to practical implementation of the examined legal provisions.

The Relationship Between Hearing Loss Self-Management and Hearing Aid Benefit and Satisfaction

2019 ◽  
Vol 28 (2) ◽  
pp. 274-284 ◽  
Author(s):  
Elizabeth Convery ◽  
Gitte Keidser ◽  
Louise Hickson ◽  
Carly Meyer
Keyword(s):  
Decision Making ◽  
Hearing Loss ◽  
Hearing Aids ◽  
Clinical Decision Making ◽  
Hearing Aid ◽  
Well Being ◽  
Self Report ◽  
Self Management ◽  
Hearing Aid Benefit ◽  
The Relationship

Purpose Hearing loss self-management refers to the knowledge and skills people use to manage the effects of hearing loss on all aspects of their daily lives. The purpose of this study was to investigate the relationship between self-reported hearing loss self-management and hearing aid benefit and satisfaction. Method Thirty-seven adults with hearing loss, all of whom were current users of bilateral hearing aids, participated in this observational study. The participants completed self-report inventories probing their hearing loss self-management and hearing aid benefit and satisfaction. Correlation analysis was used to investigate the relationship between individual domains of hearing loss self-management and hearing aid benefit and satisfaction. Results Participants who reported better self-management of the effects of their hearing loss on their emotional well-being and social participation were more likely to report less aided listening difficulty in noisy and reverberant environments and greater satisfaction with the effect of their hearing aids on their self-image. Participants who reported better self-management in the areas of adhering to treatment, participating in shared decision making, accessing services and resources, attending appointments, and monitoring for changes in their hearing and functional status were more likely to report greater satisfaction with the sound quality and performance of their hearing aids. Conclusion Study findings highlight the potential for using information about a patient's hearing loss self-management in different domains as part of clinical decision making and management planning.

Preclusion of the Right to Submit New Facts and Evidence According to the Law on Contested Procedure in Kosovo

2017 ◽  
Vol 10 (1) ◽  
pp. 84
Author(s):  
ARTAN QERKINI
Keyword(s):  
Market Economy ◽  
Legal System ◽  
Practical Implementation ◽  
Relevant Evidence ◽  
Legal Provisions ◽  
The Law ◽  
Legislative Amendments ◽  
The Right

The market economy and changes within Republic of Kosovo’s legal system, which imposed the need of legal changes within the field of contested procedure also, have caused this procedure to become more efficient vis-à-vis legal provisions which were in force until October 6th 2008. Through the Law on Contested Procedure (hereinafter “LCP”), the legislator has aimed, inter alia, to make the contested procedure more concentrated, and thus, more efficient. In this regard, the Kosovar legislator has determined that it is mandatory for the parties to present any and all relevant evidence for resolving the dispute until the preparatory session, and in the event that one was not held, until the first main hearing session. As an exception, the parties may present relevant evidence even after this stage of proceedings, provided that their failure to present said evidence no later than at the preparatory session, respectively first main hearing session, was through no fault of their own. I consider that these legislative amendments are vital to ensuring practical implementation of the principle of efficience in the contested procedure.

Parliamentarism and the Legislative Branch

2017 ◽  
Author(s):  
András Sajó ◽  
Renáta Uitz
Keyword(s):  
Decision Making ◽  
Political Parties ◽  
Legislative Branch ◽  
Effective Decision ◽  
The Law ◽  
Internal Operations ◽  
Effective Decision Making ◽  
The Relationship ◽  
Law Making

This chapter examines the relationship between parliamentarism and the legislative branch. It explores the evolution of the legislative branch, leading to disillusionment with the rationalized law-making factory, a venture run by political parties beyond the reach of constitutional rules. The rise of democratically bred party rule is positioned between the forces favouring free debate versus effective decision-making in the legislature. The chapter analyses the institutional make-up and internal operations of the legislature, the role of the opposition in the legislative assembly, and explores the benefits of bicameralism for boosting the powers of the legislative branch. Finally, it looks at the law-making process and its outsourcing via delegating legislative powers to the executive.

scholarly journals A tale of two citizens: The Brey-Dano proportionality gap in UK courts and tribunals

2021 ◽  
pp. 138826272110049
Author(s):  
Victoria E. Hooton
Keyword(s):  
Decision Making ◽  
National Level ◽  
Case Law ◽  
Eu Law ◽  
The Law

The role of proportionality and individual assessments in EU residency and welfare access cases has changed significantly over the course of the last decade. This article demonstrates how a search for certainty and efficiency in this area of EU law has created greater uncertainty, more legal hurdles for citizens, and less consistency in decision-making at the national level. UK case law illustrates the difficulty faced by national authorities when interpreting and applying the rules relating to welfare access and proportionality. Ultimately, the law lacks the consistency and transparency that recent CJEU case law seeks to obtain, raising the question of whether the shift from the Court's previous, more flexible, case-by-case approach was desirable after all.

A moral analysis of intelligent decision-support systems in diagnostics through the lens of Luciano Floridi’s information ethics

Human Affairs ◽  
2021 ◽  
Vol 31 (2) ◽  
pp. 149-164
Author(s):  
Dmytro Mykhailov
Keyword(s):  
Decision Making ◽  
Decision Support ◽  
Medical Diagnosis ◽  
Moral Agency ◽  
Moral Agent ◽  
Well Being ◽  
Medical Diagnostics ◽  
Intelligent Decision ◽  
Luciano Floridi ◽  
Intelligent Decision Support

Abstract Contemporary medical diagnostics has a dynamic moral landscape, which includes a variety of agents, factors, and components. A significant part of this landscape is composed of information technologies that play a vital role in doctors’ decision-making. This paper focuses on the so-called Intelligent Decision-Support System that is widely implemented in the domain of contemporary medical diagnosis. The purpose of this article is twofold. First, I will show that the IDSS may be considered a moral agent in the practice of medicine today. To develop this idea I will introduce the approach to artificial agency provided by Luciano Floridi. Simultaneously, I will situate this approach in the context of contemporary discussions regarding the nature of artificial agency. It is argued here that the IDSS possesses a specific sort of agency, includes several agent features (e.g. autonomy, interactivity, adaptability), and hence, performs an autonomous behavior, which may have a substantial moral impact on the patient’s well-being. It follows that, through the technology of artificial neural networks combined with ‘deep learning’ mechanisms, the IDSS tool achieves a specific sort of independence (autonomy) and may possess a certain type of moral agency. Second, I will provide a conceptual framework for the ethical evaluation of the moral impact that the IDSS may have on the doctor’s decision-making and, consequently, on the patient’s wellbeing. This framework is the Object-Oriented Model of Moral Action developed by Luciano Floridi. Although this model appears in many contemporary discussions in the field of information and computer ethics, it has not yet been applied to the medical domain. This paper addresses this gap and seeks to reveal the hidden potentialities of the OOP model for the field of medical diagnosis.

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