scholarly journals الفتاوى في أسباب استحقاق الميراث: دراسة تحليلية لميراث من لا وارث له من المسلمين الجدد

2022 ◽  
Vol 27 (1) ◽  
pp. 64-79
Author(s):  
Azziz Raouane ◽  
Ruhi Fadzlyana Jailani ◽  
Mualimin Mochammad Sahid

ملخص لقد أقر الإسلام نظام التّوارث بين القرابة فقوى بهذا التّشريع أواصر اللّحمة بين الوارث والمورث، كما سن التّوارث بين الزّوجين ما دامت الزّوجية قائمة بينهما، وأعطى للمعتق حق ميراث عبده الذي أعتقه، وقد هدفت هذه الدّراسة إلى بيان وتحليل استحقاق الميراث بسبب رابطة الإسلام. والتي تنازع استحقاق الميراث بها الموالي للمؤلف قلبه بجهة الإسلام، وبيت المال بكونه جهة ممثلة لجماعة المسلمين. وتكمن مشكلة البحث فيمن له أولوية ميراث المؤلف قلبه أو من لا وارث له، إذا انعدمت الأسباب الأخرى للميراث. وقد اعتمدت هذه الدّراسة على المنهج الاستقرائي وذلك من خلال تتبّع آراء الفقهاء وأدلتهم في شروط استحقاق الولاء بالإسلام في هذا الوقت بذات، والنّظر في استحقاق بيت المال لميراث من لا وارث له من المسلمين، كما اعتمدت على المنهج التّحليلي المقارن في مناقشة آراء الفقهاء وأدلتهم وتحليلها، مع مقارنة هذه الأحكام بما يجري عليه العمل في دوائر الفتوى اليوم. وقد خلصت هذه الدّراسة إلى نتائج مهمة منها: أن بيت المال هو جهة حافظة لأموال المسلمين من الضّياع، وليس جهة وارثة، فإن عرف لهذه الأموال صاحب ردت إليه، وإن لم يعرف لها صاحب مالك وزعت في مصالح المسلمين. وأن جهة الولاء بالإسلام للأشخاص مقدمة على بيت المال شرعا، وأن من لا وارث له شرعا من المسلمين الجدد له أن يوصي بكل ماله لمن كان سببا في إسلامه سواء كان شخصا أو مؤسسة. Abstract Islam has approved the system of inheritance based on accepted scholars justification. In kinship, this legislation has strengthened the bonds between the heir and the bequeathed. Likewise, the inheritance between spouses as long as the marriage exists between them. And he gave the freedman the right to inherit from his slave who had freed him. This study aimed to clarify and analyze the entitlement to inheritance in Muslim new. The problem of the research lies in the one who has the priority of the inheritance in new Muslims, if there are no other justifications for inheritance. This study relied on the inductive approach, by following the opinions of the jurists and their evidence regarding the conditions for inheritance entitlement in Islam currently; and examining the entitlement of Bayt Al-Mal as the beneficiary of the new Muslims who have no heirs. It also relied on the comparative analytical method in discussing and analyzing the opinions and evidence of jurists; comparing these provisions with what is being done in the fatwa departments today. This study concluded important results, including: The Bayt Al-Mal is a custodian of Muslims' money from loss, and not an inheritor. If the owner of this money is known, it will be returned to him, and if the owner of the money is not known, it will be distributed in the interests of the Muslims. The person who guides the new Muslim should be given precedence of inheritance in the Syariah. While, a new Muslim who does not have a legal inheritance has the right to bequeath all his money to whoever was a reason for his conversion to Islam, whether he was a person or an institution.  

2007 ◽  
pp. 4-27 ◽  
Author(s):  
V. Polterovich ◽  
V. Popov ◽  
A. Tonis

This paper compares various mechanisms of resource curse leading to a potentially inefficient use of resources; it is demonstrated that each of these mechanisms is associated with market imperfections and can be "corrected" with appropriate government policies. Empirical evidence seems to suggest that resource abundant countries have on average lower budget deficits and inflation, and higher foreign exchange reserves. Besides, lower domestic fuel prices that are typical for resource rich countries have a positive effect on long-term growth even though they are associated with losses resulting from higher energy consumption. On top of that resource abundance allows to reduce income inequalities. So, on the one hand, resource wealth turns out to be conducive to growth, especially in countries with strong institutions. However, on the other hand, resource abundance leads to corruption of institutions and to overvalued real exchange rates. On balance, there is no solid evidence that resource abundant countries grow more slowly than the others, but there is evidence that they grow more slowly than could have grown with the right policies and institutions.


2017 ◽  
Vol 2 (2) ◽  
Author(s):  
Marine Vekua

The main goal of this research is to determine whether the journalism education of the leading media schools inGeorgia is adequate to modern media market’s demands and challenges. The right answer to this main questionwas found after analyzing Georgian media market’s demands, on the one hand, and, on the other hand, differentaspects of journalism education in Georgia: the historical background, development trends, evaluation ofeducational programs and curricula designs, reflection of international standards in teaching methods, studyingand working conditions.


Public Voices ◽  
2016 ◽  
Vol 12 (2) ◽  
pp. 7
Author(s):  
Sophie Till

Three years ago Sophie Till started working with pianist Edna Golandsky, the leading exponent of the Taubman Piano Technique, an internationally acclaimed approach that is well known to pianists, on the one hand, for allowing pianists to attain a phenomenal level of virtuosity and on the other, for solving very serious piano-related injuries. Till, a violinist, quickly realized that here was a unique technical approach that could not only identify and itemize the minute movements that underlie a virtuoso technique but could show how these movements interact and go into music making at the highest level. Furthermore, through the work of the Golandsky Institute, she saw a pedagogical approach that had been developed to a remarkable depth and level of clarity. It was an approach that had the power to communicate in a way she had never seen before, despite her own first class violin training from the earliest age. While the geography and “look” on the violin are different from the piano, the laws governing coordinate motion specifically in playing the instrument are the same for pianists and violinists. As a result of Till’s work translating the technique for violin, a new pedagogical approach for violinists of all ages is emerging; the Taubman/Golandsky Approach to the Violin. In reflecting on these new developments, Edna Golandsky wrote, “I have been working with the Taubman Approach for more than 30 years and have worked regularly with other instrumentalists. However, Sophie Till was the first violinist who asked me to teach her with the same depth that I do with pianists. With her conceptual and intellectual agility as well as complete dedication to helping others, she has been the perfect partner to translate this body of knowledge for violinists. Through this collaboration, Sophie is helping develop a new ‘language’ for violinist that will prevent future problems, solve present ones and start beginners on the right road to becoming the best they can be. The implications of this new work for violinists are enormous.”


Author(s):  
Dirk Voorhoof

The normative perspective of this chapter is how to guarantee respect for the fundamental values of freedom of expression and journalistic reporting on matters of public interest in cases where a (public) person claims protection of his or her right to reputation. First it explains why there is an increasing number and expanding potential of conflicts between the right to freedom of expression and media freedom (Article 10 ECHR), on the one hand, and the right of privacy and the right to protection of reputation (Article 8 ECHR), on the other. In addressing and analysing the European Court’s balancing approach in this domain, the characteristics and the impact of the seminal 2012 Grand Chamber judgment in Axel Springer AG v. Germany (no. 1) are identified and explained. On the basis of the analysis of the Court’s subsequent jurisprudence in defamation cases it evaluates whether this case law preserves the public watchdog-function of media, investigative journalism and NGOs reporting on matters of public interest, but tarnishing the reputation of public figures.


2021 ◽  
Vol 1 ◽  
pp. 2007-2016
Author(s):  
Yoram Reich ◽  
Eswaran Subrahmanian

AbstractDesign research as a field has been studied from diverse perspectives starting from product inception to their disposal. The product of these studies includes knowledge, tools, methods, processes, frameworks, approaches, and theories. The contexts of these studies are innumerable. The unit of these studies varies from individuals to organizations, using a variety of theoretical tools and methods that have fragmented the field, making it difficult to understand the map of this corpus of knowledge across this diversity.In this paper, we propose a model-based approach that on the one hand, does not delve into the details of the design object itself, but on the other hand, unifies the description of design problem at another abstraction level. The use of this abstract framework allows for describing and comparing underlying models of published design studies using the same language to place them in the right context in which design takes place and to enable to inter-relate them, to understand the wholes and the parts of design studies.Patterns of successful studies could be generated and used by researchers to improve the design of new studies, understand the outcome of existing studies, and plan follow-up studies.


2020 ◽  
Vol 70 (2) ◽  
pp. 401-416
Author(s):  
Hana Machů

Abstract If in the right-hand sides of given differential equations occur discontinuities in the state variables, then the natural notion of a solution is the one in the sense of Filippov. In our paper, we will consider this type of solutions for vector Dirichlet problems. The obtained theorems deal with the existence and localization of Filippov solutions, under effective growth restrictions. Two illustrative examples are supplied.


Südosteuropa ◽  
2019 ◽  
Vol 67 (2) ◽  
pp. 175-195
Author(s):  
Petru Negură

Abstract The Centre for the Homeless in Chișinău embodies on a small scale the recent evolution of state policies towards the homeless in Moldova (a post-Soviet state). This institution applies the binary approach of the state, namely the ‘left hand’ and the ‘right hand’, towards marginalised people. On the one hand, the institution provides accommodation, food, and primary social, legal assistance and medical care. On the other hand, the Shelter personnel impose a series of disciplinary constraints over the users. The Shelter also operates a differentiation of the users according to two categories: the ‘recoverable’ and those deemed ‘irrecoverable’ (persons with severe disabilities, people with addictions). The personnel representing the ‘left hand’ (or ‘soft-line’) regularly negotiate with the employees representing the ‘right hand’ (‘hard-line’) of the institution to promote a milder and a more humanistic approach towards the users. This article relies on multi-method research including descriptive statistical analysis with biographical records of 810 subjects, a thematic analysis of in-depth interviews with homeless people (N = 65), people at risk of homelessness (N = 5), professionals (N = 20) and one ethnography of the Shelter.


1929 ◽  
Vol 19 (1) ◽  
pp. 67-87 ◽  
Author(s):  
Jocelyn Toynbee

The paintings in the triclinium of the Villa Item, a dwelling-house excavated in 1909 outside the Porta Ercolanese at Pompeii, have not only often been published and discussed by foreign scholars, but they have also formed the subject of an important paper in this Journal. The artistic qualities of the paintings have been ably set forth: it has been established beyond all doubt that the subject they depict is some form of Dionysiac initiation: and, of the detailed interpretations of the first seven of the individual scenes, those originally put forward by de Petra and accepted, modified or developed by Mrs. Tillyard appear, so far as they go, to be unquestionably on the right lines. A fresh study of the Villa Item frescoes would seem, however, to be justified by the fact that the majority of previous writers have confined their attention almost entirely to the first seven scenes—the three to the east of the entrance on the north wall (fig. 3), the three on the east wall and the one to the east of the window on the south wall, to which the last figure on the east wall, the winged figure with the whip, undoubtedly belongs.


2012 ◽  
Vol 4 (1) ◽  
pp. 96-97 ◽  
Author(s):  
Fritz Breithaupt

This article examines the relation of empathy and rational judgment. When people observe a conflict most are quick to side with one of the parties. Once a side has been taken, empathy with that party further solidifies this choice. Hence, it will be suggested that empathy is not neutral to judgment and rational decision-making. This does not mean, however, that the one who empathizes will necessarily have made the best choice.


1981 ◽  
Vol 90 (2) ◽  
pp. 179-191 ◽  
Author(s):  
S. HENDRICKS ◽  
C. A. BLAKE

The effects of varying amounts of copulatory stimulation on patterns of plasma concentrations of prolactin and progesterone were evaluated in 3- and 12-month-old female rats. The 12-month-old group included rats which still exhibited oestrous cycles and rats in persistent vaginal oestrus (PVO). The extent of copulatory stimulation was defined by the number of intromissions received during mating: ≤5,15 or > 50. Blood samples were drawn over the 8 days after mating through a cannula inserted into the right external jugular vein. Plasma from the samples was assayed for prolactin and progesterone. In aged but still cyclic rats, pregnancy rates were positively correlated with the number of intromissions received during mating. Only one rat in PVO became pregnant. All animals which became pregnant and rats in PVO which, after mating, exhibited a disruption of the pattern of PVO, showed the nocturnal surge of plasma prolactin characteristic of pregnant and pseudopregnant rats. While these surges persisted until day 8 after mating in pregnant animals, they were absent by this time in the rats in PVO. Prolactin surges were present in some but not all of the aged rats which did not become pregnant. Progesterone concentrations were raised in all pregnant animals except the one pregnant rat in PVO and, while not related to the number of intromissions, concentrations were higher 8 days after mating in young compared with those in aged pregnant rats. Plasma progesterone was low in rats in PVO regardless of disruption of the pattern of PVO. We have concluded that the failure of limited copulatory stimulation to induce pregnancy in older rats results, at least in part, from its failure to initiate nocturnal prolactin surges. Nevertheless, our data suggest that matings which are not experimentally limited should provide ample stimulation to establish such surges. Although reduced plasma concentrations of prolactin and progesterone at pro-oestrus and reduced plasma progesterone through part of gestation may contribute to decreasing fertility in aged rats, other unidentified factors appear to be involved in mediating the capacity of extensive copulatory stimulation to induce pregnancy in these animals.


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