Status 'Akad Nikah Terhadap Sumbangan Pemilikan Harta Sepencarian Antara Pasangan Suami Isteri menurut Perspektif Syariah

2021 ◽  
Vol 24 (2) ◽  
pp. 132-155
Author(s):  
Akli Ahmad ◽  
Rohani Desa

'Akad nikah' is a 'syar'ie contract' which binds married relationships as a bond that stipulates some of the rights that their spouses must fulfill either physical and inner maintenance (nafkah) of wife. The ruling of this maintenance is obligatory to be adorned according to the rates and conditions set by syara'. However, the maintenance rate varies between an individual and another. It is based on the individual capabilities of the giver and the individual position of the recipient. Some maintenance rates are referring to the 'urf of a place. The obligatory nafkah given to the spouse is the absolute possession of the recipient without being withdrawn by the giver. While every gift other than a mandatory maintenance is included in the category (tabarru') or a donation that is permissible or required. This type of grant will specify the occurrence of transfer if the recipient has already received it in cash (qabadh). While jointly acquired property is essentially any property that is jointly owned by two or more parties, by sharing the capital for its ownership. If referred to a jointly acquired property issue that becomes an international polemic either in a civil court or a sharia court, it is again associated with the context of a married relationship that has been legally charged. Does a valid marriage academy become one from the reason of ownership or vice versa? Does the wife's work at home be calculated as the company's capital against the husband's work? Therefore, this paper will answer the question from the point of view whether the property exists typically, simply because of a valid marriage academy, or it must only be through the partnership of a spouse on a joint venture property. However, in some cases, there are also claims made by couples even on property that do not share together with equal capital or energy, only on the grounds as a married couple, or with arguments of helping spouses from a homework standpoint etc. It is hoped that this paper can resolve problems relating to cases of spousal rights claims for jointly acquired assets legally and in line with shariah. This study with a strong objective is to be given the right to the right and not to take non-rights. It is a predetermined justice of syara' which overcomes the customary rulings that are thought to be fairer. But the truth is that the rule of syara' overcomes all other stipulations. Asbtrak ‘Akad nikah’ adalah ‘kontrak syar’ie’ yang mengikat hubungan suami isteri sebagai ikatan yang melazimkan beberapa hak yang mesti ditunaikan oleh pasangan masing-masing sama ada nafkah fizikal dan batin. Hukum nafkah ini adalah wajib dilunaskan mengikut kadar dan syarat yang telah ditetapkan oleh syara’. Namun kadar nafkah adalah berbeza antara seseorang individu dengan yang individu lain. Ia adalah berdasarkan kemampuan individu pemberi dan kedudukan individu penerima. Sesetengah kadar nafkah adalah merujuk kepada ‘urf sesuatu tempat. Nafkah yang wajib diberikan kepada pasangan adalah menjadi milik mutlak penerimanya tanpa boleh ditarik balik oleh pemberi. Manakala setiap pemberian selain daripada nafkah yang wajib adalah termasuk dalam kategori (tabarru’) atau sumbangan yang diharus atau disunnatkan. Pemberian jenis ini akan melazimkan berlakunya pindah milik jika penerima sudah menerimanya secara serah tunai (qabadh). Manakala harta sepencarian pada dasarnya ialah mana-mana harta yang dimiliki secara bersama oleh dua pihak atau lebih, dengan berkongsi modal untuk pemilikannya. Jika dirujuk kepada isu harta sepencarian yang menjadi polemik antarabangsa sama ada di mahkamah sivil atau mahkamah syariah, ia sekali lagi dikaitkan dengan konteks hubungan suami isteri yang telah diakadnikah secara sah. Adakah akad nikah yang sah menjadi satu dari sebab pemilikan atau sebaliknya? Adakah kerja isteri di rumah boleh dikira sebagai modal syarikat terhadap kerja suami? Justeru, kertas ini akan menjawab persoalan dari sudut adakah harta sepencarian itu wujud secara lazim, semata-mata kerana akad nikah yang sah, atau ia mestilah hanya melalui perkongsian suami isteri pada sesuatu harta secara usaha bersama. Namun bagi sesetengah kes tuntutan harta sepencarian di mahkamah, ada juga tuntutan yang dilakukan oleh pasangan walau pada harta yang tidak berkongsi secara bersama sama modal atau tenaga, hanya atas alasan sebagai pasangan suami isteri, atau dengan hujah membantu pasangan dari sudut kerja-kerja rumah dan sebagainya. Diharapkan kertas ini dapat menyelesaikan masalah yang berkaitan kes tuntutan hak pasangan bagi harta sepencarian secara undang-undang dan syariah. Kajian ini dengan objektif kukuh iaitu supaya diberi hak kepada yang berhak dan tidak mengambil hak yang bukan hak. Ia adalah suatu keadilan yang telah ditetapkan syara’ yang mengatasi hukum adat yang disangkakan lebih adil. Namun hakikatnya ketetapan undang syara’ itu mengatasi segala ketetapan selainnya.

2019 ◽  
Vol 28 (04) ◽  
pp. 708-724
Author(s):  
ANDREA LAVAZZA ◽  
VITTORIO A. SIRONI

Abstract:The microbiome is proving to be increasingly important for human brain functioning. A series of recent studies have shown that the microbiome influences the central nervous system in various ways, and consequently acts on the psychological well-being of the individual by mediating, among others, the reactions of stress and anxiety. From a specifically neuroethical point of view, according to some scholars, the particular composition of the microbiome—qua microbial community—can have consequences on the traditional idea of human individuality. Another neuroethical aspect concerns the reception of this new knowledge in relation to clinical applications. In fact, attention to the balance of the microbiome—which includes eating behavior, the use of psychobiotics and, in the treatment of certain diseases, the use of fecal microbiota transplantation—may be limited or even prevented by a biased negative attitude. This attitude derives from a prejudice related to everything that has to do with the organic processing of food and, in general, with the human stomach and intestine: the latter have traditionally been regarded as low, dirty, contaminated and opposed to what belongs to the mind and the brain. This biased attitude can lead one to fail to adequately consider the new anthropological conceptions related to the microbiome, resulting in a state of health, both physical and psychological, inferior to what one might have by paying the right attention to the knowledge available today. Shifting from the ubiquitous high-low metaphor (which is synonymous with superior-inferior) to an inside-outside metaphor can thus be a neuroethical strategy to achieve a new and unbiased reception of the discoveries related to the microbiome.


Sæculum ◽  
2019 ◽  
Vol 47 (1) ◽  
pp. 73-83
Author(s):  
Ionel Nariţa

AbstractBy „dispute” we mean an argumentative dialog where each of the two parts state opposite theses. Two sentences can be contrary if they have similar reference, but incompatible predicates (SIP – sentences with incompatible predicates). Usually, the disputes are solved using force in different ways, but that does not mean that the winner is right and his thesis is true. Therefore, we cannot evaluate a thesis on the ground of its success, but we need a reference mark for that. According to the Sophist school, the individual is the only reference mark, so any SIP is equally justified. The absolutist point of view claims that there is an objective reference mark and, consequently, the truth is, at its turn, objective and unique. Finally, the relativist orientation rejects any objective reference mark, but the right thesis is not arbitrary, as the sophists thought, it is true relatively to the state of the evaluator to a given moment. It follows that, for any evaluator, at a moment of time, only one SIP is true.


Author(s):  
Bonaventure Chike Anetoh ◽  
Hilary Izuegbunam

This article focused on Hegel’s dialectical evolution of the spirit and its implications to shortcut mentality in Nigeria. Hegel’s evolution of the spirit is a process of change and human development, which moves from the individual to the state and then to the absolute. This process identifies and represents the world’s civilization as a gradual realization of the absolute. The fundamental questions are: What actually is Hegel’s dialectical evolution of the spirit? What is shortcut mentality? Has Hegel’s dialectical evolution of the spirit any implication for shortcut mentality in Nigeria? This article argued and insisted that Hegel’s dialectical evolution of the spirit has remarkable implications for shortcut mentality in Nigeria. A critical look at Nigeria today simply portrays a country beset by shortcut mentality in her quest for civilization. This is evidenced in many contemporary issues menacing our country today. The issues of get rich quick syndrome, quick fixes, examination mal-practice, Ponzi schemes, betting sites, corrupt practices, utopian prosperity gospel etc. are easily noticeable in almost every part of Nigeria. All these ills which have led to the malfunctioning of the economic, religious, educational, agricultural, and administrative sectors of Nigeria, are certainly the offspring of shortcut mentality. This shortcut mentality presupposes people not following the right and gradual path of change and development. It entails abhorrence of labour as well as suffering. Hence, the researchers employed analytical and hermeneutical methods to explore the implications of Hegel’s dialectical evolution of the spirit to shortcut disorder in Nigeria. This article argued that application of Hegel’s dialectical evolution of the spirit contributes enormously in combating the problem of shortcut mentality in Nigeria. Hence, the researchers recommended creativity, mutual recognition as well as positive attitude to labour and suffering as solutions to the issue of shortcut mentality in Nigeria. Key Words: Hegel, Spirit, Shortcut, Change and Nigeria


2021 ◽  
Vol 7 (2) ◽  
pp. 48-56
Author(s):  
T. V. Klenova

The article is devoted to the institution of criminal liability for attacks on the honor and dignity of the individual. The article, using the historical method, examines the stages of development of this institution and the features of protecting the honor and dignity of the individual from the point of view of the values of a modern democratic state. The author analyses the impact of explicit and implicit criminal policy objectives on the ways to protect the honor and dignity of the individual. Particular attention is paid to the criminalization and decriminalization of libel and slander. The research is aimed at identifying the problems of targeting in changes in the institution of criminal liability for attacks on honor and dignity, when the relevant criminal law norms are replaced by administrative law norms. The author seeks to depoliticize the protection of the personal right to honor and dignity on the basis of the principle of equality of citizens before the law. The current Russian criminal legislation is mainly aimed at protecting the honor and dignity of persons in connection with their social accessories. Within the protective concept of criminal law, the author of the article justifies the conclusion that the right of anyone who has suffered from slander or insult to achieve the truth and state censure of the perpetrator is guaranteed. Such a view will also be interesting to researchers of the criminal process.


Author(s):  
Krzysztof Kozłowski

This article aims at analyzing the right to diplomatic and consular protection in the context of the standard resulting from international law. It tries to give a definition of this institution, pointing to its public and subsidiary nature. It also points out that diplomatic and consular assistance is carried out in a situation of conflict between the interests of the individual and the country of origin, and that of the host country. The article also discusses the subject and subject matter of consular and diplomatic care.                 Moreover, the study comments on the specific features of this right from the point of view of the complexity and effectiveness of the protection of rights at the international level. In this context it was pointed out that the right to diplomatic and consular protection is not a classic right, but can be considered as an instrument for the operation of other rights or freedoms. The right to consular and diplomatic care is devoid of homogeneous regulation, but also depends on the legal standard of care offered by the home state and must be within the limits set by the host country. The scope of its application may be related to any legal event that may occur when the entity is in a situation of contact with the legal system of the receiving state.                 The discussions under consideration highlighted the subsidiarity of the right to diplomatic and consular assistance for the exercise by the individual of his or her rights and freedoms. However, There is no complete protection standard in this respect, which is conducive to the lack of exhaustive regulation at the convention level, which, in extreme cases, can jeopardize the exercise by the individual of his or her subjective rights, that is to ensure its adequate protection standard in the territory of the host country.


2021 ◽  
Vol 5 (2) ◽  
pp. 61
Author(s):  
Ahmad Husni Hamim ◽  
Vidia Ayundhari

ABSTRACTIntegrity is one competency that civil servants must have. In this Covid-19 pandemic, civil servants’ integrity becomes an observable focus. The Work from Home (WFH) system may highly change the way how they work at home. The research aims at scrutinizing integrity inferences of civil servants during the pandemic. WhatsApp, as an application used by them to communicate, has become a significant medium to observe the patterns. Netnography method is used to observe civil servants’ community behavior on social media. From the inferences observation, it is discovered that they have demonstrated forms of integrity, such as responsibility and professionalism. The civil servants are also getting more solid, helping, and relying on each other. When conflict occurs, they will retain the right principle. On the other hand, some would balance the situation. Consistency and discipline sensed from how civil servants perceiving all-online-formats. To sum up, performing online duties during Work from Home (WFH) has shown forms of integrity among civil servants. ABSTRAKIntegritas merupakan salah satu kompetensi yang harus dimiliki seorang ASN. Dalam situasi pandemi Covid-19, integritas ASN menjadi sebuah fokus yang patut diobservasi. Sistem Work from Home (WFH) mau tidak mau mengubah cara kerja seorang ASN ketika berada di rumah. Tujuan dari penelitian ini untuk mengamati inferensi integritas ASN selama pandemi. WhatsApp, sebagai aplikasi yang digunakan para ASN untuk berkomunikasi menjadi media yang signifikan dalam mengamati pola-pola integritas tersebut. Metode netnografi digunakan untuk mengamati perilaku komunitas ASN pada media sosial. Dalam pengamatan inferensinya, ditemukan bahwa ASN telah menunjukkan bentuk-bentuk integritas seperti, tanggungjawab dan profesionalisme. Para ASN juga semakin solid, saling membantu, dan mengandalkan satu sama lain. Setiap sebuah konflik terjadi, mereka akan mempertahankan prinsip yang benar. Di sisi lain, ada yang menyeimbangkan situasi. Konsistensi dan kedisiplinan juga terlihat dari bagaimana ASN memandang format serba daring. Dapat disimpulkan bahwa performa dalam menyelesaikan tugas-tugas daring menunjukkan berbagai bentuk integritas para ASN.


2021 ◽  
Vol 2021 (2) ◽  
pp. 27-33
Author(s):  
Svetlana Doskach ◽  
Lіubov Kostyk

The article presents a theoretical analysis of informative and manipulative influence on the socio-political consciousness and behavior of modern youth. The interpretation of consciousness in the psychological and political areas has been revealed, which makes it possible to consider information technologies as an important attribute of influence on political consciousness. There has been conducted the analysis of the psychological components of informative and manipulative technologies, which defined as the dominance of the spiritual state of the individual, the imposition of thoughts, ideas, attitudes, values and management of behavior in favor of the subject of influence. There has been revealed the idea that the favorable socio-political conditions encourage the media to exert influence by manipulating the political consciousness and behavior of young people. The opinion has been clarified, that the use of communication technologies, that optimize the implementation of policy actors of their tasks and responsibilities through rational means, sequence of actions, development of an appropriate algorithm of behavior, result in the implementation of human activities to achieve socially significant goals, including political one. In the context of this issue, the role of the media in the political processes of society has been revealed, where they act as a means of manipulative influence aimed at transforming the political consciousness of young people. The factors influencing the political consciousness of young people have been analyzed, where the most influential are: granting the right to edit, adding their own conjectures; distortion of information; submission of false information; being reticent about major events; being ahead of the curve. However, the main reason for the effects of informative and manipulative influence lies in the personal scope, where it is important to have the ability to think critically, to analyze, interpret, defend the point of view, have strong energy and will, to have different forms of verbal influence of optimal mechanisms of thought and actions appropriate to the situation. Methods of effective counteraction to informative and manipulative influences have been determined. The main one is the ability to distribute information in the associative space, when one constructs the absence of intersection of the discussed events by associative connection with other unrelated events. Due to effective approaches, modern youth has the opportunity to stop being a "passive mass" and become active citizens who defend their opinions, make independent decisions and form their own patterns of behavior.


PMLA ◽  
1969 ◽  
Vol 84 (2) ◽  
pp. 252-263 ◽  
Author(s):  
Daniel Stempel

In his speech on “vertue” (I.iii) Iago defends the absolute power of the individual to will freely. This doctrine of the autonomous will was commonly attributed to the Jesuit theologian, Molina, whose writings were then the subject of bitter controversy. Iago's subtle twisting of moral values also falls into the pattern of malign casuistry and cynical self-aggrandizement associated with the Jesuit image in England. Iago, then, is not the usual Machiavel who spurns both religion and morality; he is the Jesuitical Machiavel who employs the language of piety to “enmesh them all.” Convinced that he is the master of his will, Iago usually finds no difficulty in supplying motives for his actions; yet, after he is unmasked, he doggedly remains silent. From the Augustinian (and Shakespearean) point of view this is simply the ultimate mute evidence that, contrary to his belief, Iago has been mastered by a radically evil will for which he has merely supplied both motive and opportunity. Like the Pardoner and the Ancient Mariner, he knows what he has done, but does not (in the fullest sense of the word) know why he has done it.


2021 ◽  
Vol 74 (11) ◽  
pp. 3072-3076
Author(s):  
Olena M. Batyhina ◽  
Bogdan V. Derevyanko ◽  
Tetiana V. Khailova

The aim: To investigate the theoretical and legal framework governing the relevant areas of food security, ensuring healthy, adequate and safe nutrition. To consider human rights to food security as a basis for health care, a basis for the realization of the right to health and life. Materials and methods: The study analyzes and uses the normative legal acts of national legislation, international acts, data from international organizations and the results of scientific work of scientists. With the help of scientific methods, medical and legal point of view, the problems of ensuring food security are identified as a guarantee of the realization of the right to human health. Сonclusions: Food security and nutrition are central to the individual and fundamental factor to the whole of society in respect of human right to health. An adequate level of food security must be ensured by individual governments and the international community through the development, approval or implementation of an appropriate regulatory framework, as well as through the establishment of a political and institutional framework.


Author(s):  
Vladimir Zolotukhin ◽  
Dariya Semina ◽  
Marina Semina

The present article considers the correlation of two key categories of human economic behavior: needs and values. As the socio-cultural attitudes of modern society change, values become the main reference point of the individual, and the ways the person chooses to realize his or her needs characterize the formation of value orientations and stereotypes of human behavior. From the point of view of development of various consumption models, the axiological attitude to goods and services is undergoing a transformation. The vector of transformation depends on how this process is reflected by human consciousness. The way one chooses to satisfy his or her needs depends on the prevailing value stereotypes in one’s economic behavior. The formation of needs and their assessment are determined by the economic reality and the socio-cultural environment. A person has the right to determine the trajectory of their economic behavior, as long as it is legal and conscious, both in the technological and economic sense. From the point of view of the subject of activity and consumption, a person is a reflection of social identity, due to the socio-cultural environment, limited by a certain awareness and understanding of the quality of life. The author focuses on the fact that certain negative socio-cultural practices caused by inefficient and problematic activities of state institutions result increase irresponsible behavior, legal nihilism, unjustified tolerance and / or zero tolerance, as well as the transformation of value stereotypes.


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