scholarly journals المالُ المشتركُ بين الزوجين والمطالبةُ به بين الفقهِ والفتوى والقضاء ماليزيا نموذجًا

2021 ◽  
Vol 24 (2) ◽  
pp. 350-370
Author(s):  
Mohamed Shafei Moftah Bosheya

Islam guaranteed marital life with great security and care, surrounded it with great concern for the sake of preserving it and made one of its most important goals of affection and compassion that send reassurance and fruitful cooperation between the spouses, so that each of them helps the other in earnings and sources of livelihood. If the marital relationship between them broke down, each of them will sought to demand the other for his/her share of this joint fortune away from stipulated legal dues such as inheritance and alimony. The question is, what is the definition of this money? Does it exist in the old Islamic jurisprudence? What is the legitimacy of the claim of this money by one of the spouses or their heirs in these cases? And to what extent is the interest achieved or hardship avoided by him/her in obtaining what she/he is demanding? What is the attitude of the Malaysian Judiciary and its legal text on that issue? What is the stand of the official fatwa departments on this issue? What are the legal evidences on which these are based in determining whether it is due or rejected based on fatwa?  Are there other countries have adopted this system other than Malaysia?  This research is focusing on this contemporary issue, addressing it in the light of the laws of three countries, namely Malaysia, Morocco and Tunisia as the latter two have agreed on this principle and work in this system, and according to three trends in Malaysian society as the research such as: jurisprudence, fatwa dan judiciary.  This research proceeds with descriptive methodology in inference of terms of jurisprudence and analysis of position of Malaysian law with reference to the sources adopted in every jurisprudential art and commitment to scientific and technical controls adopted in scientific research.

2021 ◽  
Vol 5 (S4) ◽  
pp. 2211-2218
Author(s):  
Mohamed Shafei Moftah Bosheya

One of the most important goals of the marital relationship is the affection and compassion that drive spouses to cooperate together in earning their livelihood. When the marital relationship breaks down, each of the spouses would claim his/her share of the matrimonial property; such claim is different from the stipulated legal dues such as the inheritance and the alimony. The question is, what is the definition of the matrimonial property? Does this concept exist in the old Islamic jurisprudence? Is it legal to claim this money by one of the spouses or their heirs? And to what extent is the interest achieved or hardship avoided if the claimant is given his/her share? What is the position of the Malaysian Judiciary and its legal text on that issue? What is the stand of the official fatwa departments on this issue? What are the types of legal evidence cited by the different fatwas related to the matrimonial property? Moreover, are there countries other than Malaysia that have adopted this system?


Author(s):  
K. T. Tokuyasu

During the past investigations of immunoferritin localization of intracellular antigens in ultrathin frozen sections, we found that the degree of negative staining required to delineate u1trastructural details was often too dense for the recognition of ferritin particles. The quality of positive staining of ultrathin frozen sections, on the other hand, has generally been far inferior to that attainable in conventional plastic embedded sections, particularly in the definition of membranes. As we discussed before, a main cause of this difficulty seemed to be the vulnerability of frozen sections to the damaging effects of air-water surface tension at the time of drying of the sections.Indeed, we found that the quality of positive staining is greatly improved when positively stained frozen sections are protected against the effects of surface tension by embedding them in thin layers of mechanically stable materials at the time of drying (unpublished).


2020 ◽  
Vol 10 (4) ◽  
pp. 85-90
Author(s):  
VLADIMIR TROYAN ◽  

The relevance of the interpretation of constitutional and legal guarantees of the right to vote is mediated by isolated scientific research in this area, as well as the lack of a universal approach to legal guarantees. In this regard, the purpose of the article is to argue and disclose the author’s definitive aspect of the claimed guarantees. In the work, the author named and characterized the normative (based exclusively on legal means) with the perspective of a branch of legal and technical; regulatory and institutional (combines the formal aspect with the activities of authorized entities) and associated legal (including a set of legal and other aspects) approaches to the definition of legal guarantees. Based on the second approach, as well as combining the guarantees of the right to vote directly guarantees of the subjective right itself and guarantees of its implementation, the author offers a definition of constitutional and legal guarantees of the right to vote.


2014 ◽  
Vol 155 (21) ◽  
pp. 822-827
Author(s):  
Ágnes Váradi

The question of electronic solutions in public health care has become a contemporary issue at the European Union level since the action plan of the Commission on the e-health developments of the period between 2012 and 2020 has been published. In Hungary this issue has been placed into the centre of attention after a draft on modifications of regulations in health-care has been released for public discourse, which – if accepted – would lay down the basics of an electronic heath-service system. The aim of this paper is to review the basic features of e-health solutions in Hungary and the European Union with the help of the most important pieces of legislation, documents of the European Union institutions and sources from secondary literature. When examining the definition of the basic goals and instruments of the development, differences between the European Union and national approaches can be detected. Examination of recent developmental programs and existing models seem to reveal difficulties in creating interoperability and financing such projects. Finally, the review is completed by the aspects of jurisdiction and fundamental rights. It is concluded that these issues are mandatory to delineate the legislative, economic and technological framework for the development of the e-health systems. Orv. Hetil., 2014, 155(21), 822–827.


Author(s):  
Yusroh Yusroh ◽  
Mohd. Zaki Abd. Rahman

Muḥammad Saʻīd Al-‘Ashmāwī and Muḥammad Shaḥrūr are well known as contemporary Muslim thinkers. This article tries to map their contemporary ideas on Islamic jurisprudence. The main data of this research taken mainly from the works both of Al-‘Ashmāwī and Shaḥrūr. In particular, the paper tries to analyze Al-‘Ashmāwī‘s ideas on sharia, politics, hijab, marriage and divorce. On the other hand, the ideas of Shahrour on al-Qur'an, Sunnah and Fiqh, the theory of borders, pluralism, the commandment, inheritance, hijab, marriage, divorce, dowry, politics, and imamate are also critizised. After analyzing their lives and their ideas on Islamic jurisprudence, the paper found that their social, educational and practical backgrounds have affected their intellectual formations and ideas. Ashmawi is encouraged by diligence and enlightenment and is believed to be enlightened. Shahrour, however, takes a new approach in order to create the ḥudūd theory as a new way. As well as their intellectual background, Ashmawi has a good queen in Arabic, English and French as well as religion, Sharia, jurisprudence and theology. Shahrour is a good queen in Arabic, English, Russian, philosophy, philology and historical language.


Author(s):  
Ken Peach

Managing science, which includes managing scientific research and, implicitly, managing scientists, has much in common with managing any enterprise, and most of these issues (e.g. annual budget planning and reporting) form the background. Equally, much scientific research is carried in universities ancient and modern, which have their own mores, ranging from professorial autocracy to democratic plurality, as well as national and international with their missions and styles. But science has issues that require a somewhat different approach if it is to prosper and succeed. Society now expects science, whether publicly or privately funded, to deliver benefits, yet the definition of science presumes no such benefit. Managing the expectations of the scientist with those of society is the challenge of the manager of science. The book addresses some issues around science and the organizations that do science. It then deals with leadership, management and communication, team building, recruitment, motivation, managing scientists, assessing performance, cooperation and competition. This is followed by a discussion of proposal writing and reviewing, committees and meetings, project management, risk and health and safety. Finally, there is a discussion on how to deal with disaster, how to cope with the stresses of management and how to deal with difficult problems.


Author(s):  
Juan de Lara ◽  
Esther Guerra

AbstractModelling is an essential activity in software engineering. It typically involves two meta-levels: one includes meta-models that describe modelling languages, and the other contains models built by instantiating those meta-models. Multi-level modelling generalizes this approach by allowing models to span an arbitrary number of meta-levels. A scenario that profits from multi-level modelling is the definition of language families that can be specialized (e.g., for different domains) by successive refinements at subsequent meta-levels, hence promoting language reuse. This enables an open set of variability options given by all possible specializations of the language family. However, multi-level modelling lacks the ability to express closed variability regarding the availability of language primitives or the possibility to opt between alternative primitive realizations. This limits the reuse opportunities of a language family. To improve this situation, we propose a novel combination of product lines with multi-level modelling to cover both open and closed variability. Our proposal is backed by a formal theory that guarantees correctness, enables top-down and bottom-up language variability design, and is implemented atop the MetaDepth multi-level modelling tool.


2018 ◽  
Vol 6 (4) ◽  
pp. 401-428
Author(s):  
Miriam R. Lowi

Studies of identity and belonging in Gulf monarchies tend to privilege tribal or religious affiliation, if not the protective role of the ruler as paterfamilias. I focus instead on the ubiquitous foreigner and explore ways in which s/he contributes to the definition of national community in contemporary gcc states. Building upon and moving beyond the scholarly literature on imported labor in the Gulf, I suggest that the different ‘categories’ of foreigners impact identity and the consolidation of a community of privilege, in keeping with the national project of ruling families. Furthermore, I argue that the ‘European,’ the non-gcc Arab, and the predominantly Asian (and increasingly African) laborer play similar, but also distinct roles in the delineation of national community: while they are differentially incorporated in ways that protect the ‘nation’ and appease the citizen-subject, varying degrees of marginality reflect Gulf society’s perceptions or aspirations of the difference between itself and ‘the other(s).’


The vapour pressure theory regards osmotic pressure as the pressure required to produce equilibrium between the pure solvent and the solution. Pressure applied to a solution increases its internal vapour pressure. If the compressed solution be on one aide of a semi-permeable partition and the pure solvent on the other, there is osmotic equilibrium when the com-pression of the solution brings its vapour pressure to equality with that of the solvent. So long ago as 1894 Ramsay* found that with a partition of palladium, permeable to hydrogen but not to nitrogen, the hydrogen pressures on each side tended to equality, notwithstanding the presence of nitrogen under pressure on one side, which it might have been supposed would have resisted tin- transpiration of the hydrogen. The bearing of this experiment on the problem of osmotic pressure was recognised by van’t Hoff, who observes that "it is very instructive as regards the means by which osmotic pressure is produced." But it was not till 1908 that the vapour pressure theory of osmotic pressure was developed on a finu foundation by Calendar. He demonstrated, by the method of the "vapour sieve" piston, the proposition that “any two solutions in equilibrium through any kind of membrane or capillary surface must have the same vapour pressures in respect of each of their constituents which is capable of diffusing through their surface of separation"—a generalisation of great importance for the theory of solutions. Findlay, in his admirable monograph, gives a very complete account of the contending theories of osmotic pressure, a review of which leaves no doubt that at the present moment the vapour pressure theory stands without a serious rival Some confusion of ideas still arises from the want of adherence to a strict definition of osmotic pressure to which numerical data from experimental measurements should he reduced. Tire following definitions appear to be tire outcome of tire vapour pressure theory :— Definition I.—The vapour pressure of a solution is the pressure of the vapour with which it is in equilibrium when under pressure of its own vapour only.


2014 ◽  
Vol 657 ◽  
pp. 1056-1060
Author(s):  
Armin Betz

Various research on aptitude testing has been accomplished yet [1,2,. Experiences from many years of HR consulting and knowledge of the industrys needs regarding to and lack of specific scientific research in aptitude testing for engineers emerged into research acivities in this field. The paper presents the data and main results of the field of aptitude testing for engineers. Its present situation as well as the reasons for that are considered and its necessity is shown. The gotten insights are presented: the existence of personality traits typical for engineers, the existence of key criteria and deduction of HR development measures necessary for a career. A newly developed personality test was applied to the occupational area of engineers. With more than 1400 tests conducted, many deductions were possible.Through the innovative approach of standard profiles of corresponding average groups rather than with demografic equivalent results could be derived. These are typical traits on the one side and development areas on the other.


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