scholarly journals ضوابط الاختلاف حول الأموال المشتركة بين الزوجين وآثاره

2021 ◽  
Vol 24 (2) ◽  
pp. 262-273
Author(s):  
Ahmed Ramadan Mohamed Ahmed ◽  
Saad Gomaa Gomaa Zaghloul ◽  
Marina Abu Bakar
Keyword(s):  
Common Property ◽  
Islamic Law ◽  
Moral Rights ◽  
Financial Responsibility ◽  
Accurate Definition ◽  
The Family ◽  
The Common ◽  
The Difference ◽  
The Stability ◽  
Definition Of

There is no doubt that the marital rights between the spouses stemming from this sacred covenant vary between purely material rights and moral rights that include both spouses, and among these rights are funds related to the Muslim family, which arose with this construction and the sacred covenant, the provisions of Islamic law have preserved the rights of The financial wife imposed her dowry, and obliged the husband to support and accommodation for the wife. Taking care of her and maintaining herself and her body, and through this financial care for the rights of the wife and the woman’s enjoyment of financial responsibility independent of the husband, the common money between the two spouses may arise through the course of life between them, and it is known that the marital contract in Islam ends with one of only two: divorce or death, and so on. They have implications for joint funds; From here comes the importance of this study to solve the problem of disagreement over joint funds. the importance of studying . The shared money between the spouses is of great importance in the stability of the family and the building of society. Therefore, attention must be paid to the reality of the joint money, how it is managed, and the controls that govern it when disagreeing, so that the financial rights of both spouses are not lost. Which may negatively affect the stability and development of society. Objectives of the study : The study seeks to achieve a set of goals that would achieve balance in the issue of joint funds, and among these goals. 1- Attempting to find an accurate definition of the shared property between spouses 2- Establishing rules and controls for dealing in joint funds 3- A statement of the legal adjustment of the joint property of the spouses Research questions : Several questions revolve around this problem, including the following. 1- If the marital contract occurred and ended, then what is the fate of the common property between the spouses? 2- What is the matter if a dispute occurs between the spouses about this money? 3- What are the controls that can be referred to when the difference occurs? Through this research paper, we try to answer these questions in order to arrive at a legal adaptation to the problem of disagreement about the joint money between the spouses, and to explain the implications of that. By studying this topic in the following pages.

COMPARATIVE STUDY ON GONO GINI'S ASSETS DUE TO A DEATH ACCORDING TO THE ISLAMIC LAW AND POSITIVE LAW

2019 ◽  
Vol 1 (1) ◽  
Author(s):  
Pardan Syafrudin
Keyword(s):  
Comparative Study ◽  
Common Property ◽  
Islamic Law ◽  
Positive Law ◽  
Community Property ◽  
Communal Property ◽  
Islamic Jurisprudence ◽  
Legal Restriction ◽  
The Common ◽  
Husband And Wife

The Common properties (community property) is an asset that the husband and wife acquired during the household lifes, which both of them is agree that after united through marriage bonds, that the property produced by one or both of them will be common property. It shows, that if there's an agreement between husband and wife before marriage (did not to unify their property), then the property produced both will not become a joint treasure. Thus, if a husband or wife dies, or divorces, then the property owned by both of them can be distributed in accordance with their respective shares, another case when the two couples are not making an agreement, then the property gained during marriage bonds can be divided into types of communal property. In Islamic law, this kind of treasure is not contained in the Qur'an or Sunnah. Nor in Islamic jurisprudence. However, Islamic law legalizes the existence of common property as long as it is applicable in a society and the benefit in the distribution of such property. In contrast to the positive law, this property types have been regulated and described in the Marriage Law, as well as the Islamic Law Compilations, which became the legal restriction in the affairs of marriage in force in Indonesia. In this study, the author tries to compile the existence of common property according to the Islamic law reviews and positive law.

Stability Analysis for a Class of Linear Switched Positive Systems

2012 ◽  
Vol 562-564 ◽  
pp. 2084-2087
Author(s):  
Hui Ding ◽  
Xu Yang Lou
Keyword(s):  
Lyapunov Functions ◽  
Dwell Time ◽  
Positive Systems ◽  
Time Analysis ◽  
Arbitrary Switching ◽  
The Family ◽  
The Common ◽  
The Stability ◽  
Switched Positive Systems ◽  
Explicit Relation

This paper addresses stability properties of linear switched positive systems composed of continuous-time subsystems and discrete-time subsystems. Based on the common linear copositive Lyapunov functions, stability of the positive systems is discussed under arbitrary switching. Moreover, a sufficient condition on the minimum dwell time that guarantees the stability of linear switched positive systems. The dwell time analysis interprets the stability of linear switched positive systems through the distance between the eigenvector sets. Thus, an explicit relation in view of stability is obtained between the family of the involved subsystems and the set of admissible switching signals.

scholarly journals RELIGIOSITY IN CRIMINAL LAW: ISLAMIC PERSPECTIVE

2019 ◽  
Vol 4 (1) ◽  
pp. 1
Author(s):  
Abdurrahman Raden Aji Haqqi
Keyword(s):  
Criminal Law ◽  
Islamic Law ◽  
Common Law ◽  
The Body ◽  
Religious Ritual ◽  
Belief Statement ◽  
The Family ◽  
The Holy Quran ◽  
The Common ◽  
Human Kind

The fundamental premises of Islamic law are that Allah has revealed His will for human-kind in the Holy Quran and the inspired example of the Prophet Muhammad (Peace be Upon Him), and that society's law must conform to Allah's revealed will. The scope of Islamic law is broader than the common law or civil law. In addition to core legal doctrines covering the family, wrongs, procedure, and commercial transactions, Islamic law also includes detailed rules regulating religious ritual and social etiquette. In Islam, religiosity is not asceticism in monasteries nor is it chattering from the pulpits. Instead, it is behaving in a manner that is requested from the Creator under all circumstances, places and times, in belief, statement and actions. Historically, law and religion have never been completely separated. They have never been so independent as to achieve complete autonomy from each other. Religion has essentially been embodied in legal systems, even in those that have aspired to privatize religion. Based on this fact, this paper discusses such fact i.e religiosity on specific theme of Islamic law that is criminal law which means the body of law dealing with wrongs that are punishable in Islamic law with the object of deterrence.

scholarly journals OPEN ACCESS PUBLISHING: ISSUES OF THE COMPLIANCE WITH COPYRIGHT

2020 ◽  
Author(s):  
Валентина Троцька
Keyword(s):  
Open Access ◽  
Fair Use ◽  
Moral Rights ◽  
Open Access Publishing ◽  
The Public ◽  
Digital Network ◽  
The Difference ◽  
Definition Of ◽  
Basic Features ◽  
Exclusive Right

The author in the article explores the issues of using publications available in Open Access on the digital network. The article describes the definition of the term «Open Access». This concept is based on the Budapest Open Access Initiative (2012) — this document contains one of the most widely used definitions of Open Access. The basic features of this term are established.A comparison is made between the free (fair) use of works and the use of publications available in Open Access. The difference between these concepts are established.The use of publications available in Open Access, except for works that have become public domain, may not be copyright free. Moral rights are reserved by the authors, and property rights belong to the person who acquired them in accordance with the law or the contract. These rights must be adhered when publishing and using this publication available in Open Access. The use of the term «Open» does not mean unlimited access to the works.The article explores that Open Access publishing is possible if there are not legal, financial, technical obstacles. It has been proven that overcoming these obstacles is directly or indirectly related to the need for compliance copyright law.The article explores the problematic issues of authors' payment for article publishing charge and the use of publications available in Open Access (Article processing charge) and ways solution these issues.This article gives an overview of examples of contracts where publication fees are paid not by institutional authors but by interested organizations. The article explores the different types of contracts that can be concluded when publishing works and the use of publications available in the Open Access. In particular, the agreements of the rights transfer, the public licenses for Creative Commons.Generally, the use of a published work may be permitted subject to the conditions, defined by the person, who has the exclusive right under law or contract to permission the use of the work, and may determine the conditions of access to that work. The article argues that the key issue is the compliance of copyright for works that are created, published, and made available to the public online under the Open Access. The author analyzes the others issues of application of the legislation in the sphereof copyright, gives examples from practices.

scholarly journals The Concept of Originality in Academic Research of Engineering

2021 ◽  
Vol 2021 ◽  
pp. 1-14
Author(s):  
Muhammad Shaheen
Keyword(s):  
Online Survey ◽  
Academic Research ◽  
Academic Community ◽  
The Body ◽  
Primary Concern ◽  
Subjective Analysis ◽  
Accurate Definition ◽  
Difference Of Opinion ◽  
The Difference ◽  
Definition Of

The definition of research appears to be a controversial subject in the academic community. It is almost becoming apparent that research remains a key element in master’s and doctoral degrees. Originality is, to varying degrees, the primary concern for the genuineness of research, but there is a difference of opinion on the concept of originality. In practice, a subjective analysis of originality is performed at the time of the assessment of the said degrees’ theses; therefore, the resulting evaluation is affected by the difference of opinion on the concept of originality. It has also emerged that the concept of originality in research is also marginally unique in various areas. This study is focused upon reaching a point of agreement for the definition of originality in the theses/dissertation of masters and doctorate degrees in engineering only. The outcome of the research should be something new and originally contribute to the body of knowledge. This study focused on to arrive at an accurate definition of originality in university degrees in the field of engineering. An online survey was designed and carried out on the basis of evidence and expert opinion. The survey was distributed amongst engineering peers. The results of the survey are systematically summed up in the study.

scholarly journals Matrimonial property disputes

2021 ◽  
Vol 5 (S4) ◽  
pp. 2154-2160
Author(s):  
Ahmed Ramadan Mohamed Ahmed ◽  
Saad Gomaa Gomaa Zaghloul ◽  
Marina Abu Bakar
Keyword(s):  
Family Stability ◽  
Accurate Definition ◽  
The Stability ◽  
Definition Of

Matrimonial property plays an important role in achieving family stability and in building the society. Therefore, due attention must be given to the reality of the matrimonial property, how it is managed and the rules governing it when disputes about it arise to protect the financial rights of both spouses from any damage that can threaten the stability and development of the society. This study has a number of objectives that can bring about balance regarding the issue of matrimonial property, including: Reaching an accurate definition of matrimonial property, Laying down the rules and guidelines of matrimonial property, Clarifying the legal characterization of matrimonial property.

WHAT IS THE DIFFERENCE BETWEEN (MODERATE) EGALITARIANISM AND PRIORITARIANISM?

2003 ◽  
Vol 19 (1) ◽  
pp. 89-109 ◽  
Author(s):  
KARSTEN KLINT JENSEN
Keyword(s):  
Alternative Definition ◽  
Common View ◽  
Standard Definition ◽  
Common Definition ◽  
The Common ◽  
The Difference ◽  
Definition Of ◽  
Inequality Ordering ◽  
Priority View ◽  
Levelling Down Objection

It is common to define egalitarianism in terms of an inequality ordering, which is supposed to have some weight in overall evaluations of outcomes. Egalitarianism, thus defined, implies that levelling down makes the outcome better in respect of reducing inequality; however, the levelling down objection claims there can be nothing good about levelling down. The priority view, on the other hand, does not have this implication. This paper challenges the common view. The standard definition of egalitarianism implicitly assumes a context. Once this context is made clear, it is easily seen that egalitarianism could be defined alternatively in terms of valuing a benefit to a person inversely to how well off he is relative to others. The levelling down objection does not follow from this definition. Moreover, the common definition does not separate egalitarian orderings from prioritarian ones. It is useful to do this by requiring that on egalitarianism, additively separable orderings should be excluded. But this requirement is stated as a condition on the alternative definition of egalitarianism, from which the levelling down objection does not follow.

Differential innovation in 2nd person pronouns and agreement indexation in Trans-Himalayan languages

2021 ◽  
Vol 55 (s42-s1) ◽  
pp. 155-174
Author(s):  
Scott DeLancey
Keyword(s):  
Information Management ◽  
Stable Form ◽  
Management Function ◽  
Person Reference ◽  
Face Management ◽  
The Family ◽  
Pronominal Reference ◽  
In Trans ◽  
The Difference ◽  
The Stability

Abstract Tibeto-Burman languages show a drastic difference in the stability of independent and bound 2nd person forms. The 2nd person pronoun *naŋ is the most stable form in the Proto-Trans-Himalayan paradigm, preserved in almost every low-level clade, while 1st person is sometimes replaced. But 2nd person indexation in the verb is highly unstable. There were two distinct forms already in PTH, a suffix #-na, belonging to the original paradigm, and an innovative prefix #tV-, as well as an irrealis form which could be used with 2nd person reference. In daughter languages across the family we find further innovations in this category. These facts pose two questions. The first – why is 2nd person indexation so unstable? – can be interpreted in terms of politeness and face management. But this raises another question – if 2nd person indexation is inherently unstable, why is 2nd person independent pronominal reference not? The difference in stability reflects a difference in function. In Tibeto-Burman languages, with or without argument indexation, independent pronouns are always ‘optional’, i.e. carry some information management function such as contrast. Thus when pronominal reference to the addressee might be awkward, it can always be avoided, so there is no need to innovate face-saving substitutes for it. In contrast, in languages with argument indexation, the verbal index is obligatory, so any desire to avoid direct reference to one’s interlocutor requires adopting an alternative construction which then, over time, may grammaticalize into a new 2nd person index.

scholarly journals Two Mathematical Comments on the Thevenin Theorem: An “Algebraic Ideal” and the “Affine Nonlinearity”

2015 ◽  
Vol 2015 ◽  
pp. 1-7
Author(s):  
Emanuel Gluskin
Keyword(s):  
Circuit Theory ◽  
Biological Modeling ◽  
Common Opinion ◽  
The Subject ◽  
The Common ◽  
The Difference ◽  
Local Intensity ◽  
Algebraic Ideal ◽  
Definition Of ◽  
Internal Element

We discuss the most important and simple concept of basic circuit theory—the concept of the unideal source—or the Thevenin circuit. It is explained firstly how the Thevenin circuit can be interpreted in the algebraic sense. Then, we critically consider the common opinion that it is a linear circuit, showing that linearity (or nonlinearity) depends on the use of the port. The difference between the cases of a source being an input or an internal element (as it is in Thevenin’s circuit) is important here. The distinction in the definition of linear operator in algebra (here in system theory) and in geometry is also important for the subject, and we suggest the wide use of the concept of “affine nonlinearity.” This kind of nonlinearity should be relevant for the development of complicated circuitry (perhaps in a biological modeling context) with nonprescribed definition of subsystems, when the interpretation of a port as input or output can become dependent on the local intensity of a process.

scholarly journals THE PRONOUNCED (LITERAL) MEANING OF THE LEGISLATIVE TEXT (AL-MANṬŪQ) IN SHAFII SCHOOL OF LAW

2019 ◽  
pp. 253-265
Author(s):  
Šukrija Ramić
Keyword(s):  
Legal Status ◽  
Islamic Law ◽  
Legal Reasoning ◽  
Literal Meaning ◽  
Legal Rules ◽  
The Difference ◽  
Definition Of ◽  
The Way

This paper explores the theoretical interpretations of the pronounced meaning of the legislative text (al-manṭūq) in the Shafii school of law and the consequences of such an interpretation for the rules that the Shafiis came to through their legal reasoning (ijtihād). At the beginning of the work, the discipline of linguistics is explained in the context of the Methodology of Islamic Law (Uṣūlu-l-fiqh) as well as its significance for ijtihad, followed by the difference between the Ḥanafis and the Shafiis in the classification of textual allusions (ad-dalalāt) of legislative texts, and the linguistic and terminological definition of the concept of al-manṭūq in the Shafii school of law. Also, the classification of al-manṭūq in the Shafii school of law is presented. Providing examples, the author clarifies the significance of al-manṭūq in the Shafii school of law and the way in which the Shafiis used al-manṭūq in their argumentation in support of legal rules. Furthermore, the author presents the classification of al-manṭūq and the restriction of its meaning with respect to the mafhūm al-muwāfeqa and mafhūm al-muhālefe. Finally, the value of al-manṭūq and its legal status as well as the indications in Shariah are clarified.

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