scholarly journals Penyeragaman Fatwa Berhubung Isu-Isu Wakaf di Malaysia: Satu Sorotan Awal

2018 ◽  
Vol 9 (1) ◽  
pp. 110-128
Author(s):  
Muhammad Fathullah al-Haq Muhammad Asni ◽  
Jasni Sulong
Keyword(s):  
Real Estate ◽  
Administrative Law ◽  
Middle Way ◽  
Legal Provisions ◽  
Wide Range ◽  
Islamic Jurisprudence

 Waqf is a part of the field in Islamic jurisprudence related to economic affairs of Muslims. It is derived from hadith of Ibn Umar that Prophet Muhammad (pbuh) ordered to invest the original property, or waqf, and profits generated will be distributed in the form of donation. In other words, this hadith consists of two components whereby the waqf will remain permanent and used only for investment, and profits generated will be used for the benefits of others. Based on this hadith, fiqh development of the waqf has grown rapidly, which not only involves immovable property but are now more beginning to involve movable property. Issues related to fiqh and waqf fatwa commonly discussed include permissibility of istibdal waqf property, waqf of movable property, cash waqf and temporary waqf (mu'aqqat) such as those involving real estate lease-holds. With regards to these issues, different opinions on the permissibility of such waqf have emerged and questions arise in the enactment of legislation about waqf property. This is because from the perspective of governance, to ensure that the enforcement of waqf laws are consistent throughout the countries, there is a need to draw out a set of clear guidelines to be followed despite a wide range of different opinions. Based on these questions, a study will be conducted in Malaysia to investigate the situation of fiqh differences concerning waqf, the possibility of generating one standardised guideline among all states regarding waqf and fatwas, and its implementation in Malaysia. This research will be conducted qualitatively by referencing the debates in the books of fiqh, legal provisions and circulars related to administrative law of waqf property. The study will investigate the issues that have resulted in different views concerning waqf and methods to harmonise these waqf fatwa by finding an appropriate middle way (rajih). This is to ensure that the views underpinning the legislation of fatwa and legislation will be justifiable, uniform among all states and acceptable to all parties. Keywords: endowments, khilaf, fatwa, standardisation, law. Abstrak Wakaf adalah merupakan sebahagian antara bidang dalam perundangan Islam yang berkaitan dengan hal ehwal ekonomi umat Islam. Pensyariatan wakaf adalah berasal daripada hadith Ibnu Umar di mana Rasulullah SAW memerintahkan supaya ditahan asal harta dan disedekahkan hasilnya. Hadith ini menghasilkan dua elemen dalam harta wakaf iaitu harta yang kekal dan manfaat yang boleh dinikmati daripadanya. Berasaskan hadith ini, perkembangan fekah mengenai wakaf telah berkembang dengan pesat yang bukan sahaja melibatkan harta tak alih tetapi kini meluas sehingga melibatkan harta alih. Antara isu yang biasa dibincangkan berkaitan dengan fekah dan fatwa wakaf ialah keharusan istibdal harta wakaf, wakaf dengan harta alih, wakaf dengan wang tunai dan wakaf yang dilakukan untuk sementara waktu (mu’aqqat) seperti yang melibatkan hartanah lease-hold. Bertitik tolak daripada perbahasan-perbahasan ini, terdapat pelbagai pandangan di kalangan mufti mengenai isu-isu wakaf sehingga menimbulkan pelbagai pandangan untuk digubal dalam undang-undang mengenai harta wakaf. Ini kerana dalam pentadbiran dan pengurusan, hanya satu pandangan yang dipilih untuk dimasukkan sebagai pandangan yang diterimapakai untuk pelaksanaan bagi memastikan pentadbiran undang-undang dilaksanakan dengan teratur dan konsisten. Berasaskan kepelbagaian pandangan ini, kajian akan dilakukan dalam situasi di Malaysia bagi menyelidik kedudukan perbezaan pandangan fuqaha’ dalam hal ehwal wakaf, penyeragaman pandangan dan fatwa, serta pelaksanaannya di Malaysia. Penyelidikan ini akan dilakukan secara kualitatif dengan merujuk kepada perbahasan kitab-kitab fekah, peruntukan undang-undang dan pekeliling yang berkaitan dengan undang-undang pentadbiran harta wakaf. Oleh itu, penyelidik akan menyelidik isu-isu yang menyebabkan berlakunya perbezaan pandangan tersebut dan kaedah untuk mengharmonikan fatwa wakaf ini dengan mengenal pasti pendapat yang paling kuat dari sudut dalil dan maslahah (rajih). Ini bagi memastikan pandangan yang dipilih untuk fatwa dan penggubalan undang-undang menjadi kuat dan kukuh, seragam antara semua negeri dan dapat diterima oleh semua pihak. Kata kunci: wakaf, khilaf, fatwa, penyeragaman, undang-undang.

دية القتل الخطأ في الحوادث المرورية في الفقه الإسلامي: دراسة مقارنة Blood Money for Unintended Manslaughter in Traffic Accidents in Islamic Jurisprudence: A Comparative Study

2015 ◽  
Vol 12 (1) ◽  
pp. 1-29
Author(s):  
عارف علي عارف القره داغي ◽  
فايزة بنت إسماعيل ◽  
ئاوات محمد آغا بابا
Keyword(s):  
Comparative Study ◽  
Mutual Fund ◽  
Traffic Accidents ◽  
Comparative Method ◽  
Inductive Approach ◽  
Legal Provisions ◽  
Islamic Jurisprudence ◽  
The Subject ◽  
Blood Money ◽  
Major Factors

الملخّصيتعلق هذا البحث بموضوع دية القتل الخطأ في الحوادث المرورية في الفقه الإسلامي في العصر الحاضر لكثرة وقوعها وحاجة الناس إلى بيان أحكامها من حيث كيفية تقديرها. وتحرير الخلاف في دية المرأة، ومسألة دية الجنين في حال تعرضه للموت في بطن أمه نتيجة الحادث المروري، أو في حالة تعرضه للإجهاض والموت، وتناول أيضًا دية شخصين إذا ماتا نتيجة اصطدام سيارتين؛ فكيف تقدَّر الدِّية؟ وعالج البحث مسألة العاقلة في الوقت الحاضر التي تساعد الطرفين (الجاني والمجني عليه وذلك بجمع الدية وإعطائها للمجني عليه). وذلك من خلال استخدام المنهج الاستقرائي والمنهج المقارن: حيث يتم من خلاله جمع النصوص المتعلقة بالموضوع، وآراء العلماء المتقدمين، والمعاصرين، والمقارنة بينهما لمعرفة نقاط الاتفاق والاختلاف، لتجلية معالم الموضوع، وتسهيل مناقشتها بصورة دقيقة، ثم بيان الرأي الراجح. وقد توصلت الدراسة إلى أنَّ دية القتل في الحوادث المرورية في العصر الحاضر تساوي بالدينار الذهبي، الذي يساوي 4.250 جرامًا من الذهب، أو بما يساويها من النقد. وأنَّ الراجح هو تساوي دية الرجل مع دية المرأة. وفي حالة عدم وجود العاقلة لابأس من إنشاء شركة تعاونية لمساعدة من وقع منه الحادث.الكلمات المفتاحية: الدِّية، حوادث المرور، دية المرأة، دية الجنين، العاقلة. Abstract         This research addresses the subject of blood money for unintended manslaughter in traffic accidents according to Islamic jurisprudence in the present era due to the frequency of their occurrence and the need for people to understand the legal provisions concerning determining the amount. In this regard, we seek to clarify the disagreements regarding the blood money for women and foetuses that die in the mother’s womb as a result of traffic accidents or abortion. We also address the issue of blood money for two people who die as a result of collision between two cars. We also examine the issue of ʿĀqilah (those who pay the blood money) who helped the two parties (the offender and the victim by collecting blood money and giving it to the victim). To clarify these issues, we use the inductive approach and comparative method wherein we collect the various texts on the subject, and the views of classical and contemporary scholars to engage in a comparison between them in order to identify the points of agreement and disagreement between views. From here, we also hope to identify the major factors pertaining to such issues in order to facilitate a precise and concrete discussion to arrive at the most correct opinion. The study found that blood money for manslaughter in traffic accidents in the present era is equal to a gold dinar, which is equal to 4.250 grams of gold, or its cash equivalent. We advocate that the correct view is that the amount of blood money paid to a man is equal to that of a woman, and that in the absence of an ʿĀqilah it is possible to form a cooperative or mutual fund to render assistance to the victim.Keywords: blood money, traffic accidents, women, foetus, ʿĀqilah.

scholarly journals Ensuring Freedom of Labor in Ukraine in the Context of Labor Emigration

2018 ◽  
Vol 11 (2) ◽  
pp. 1-31
Author(s):  
Mykola Inshyn ◽  
Olena Moskalenko
Keyword(s):  
Labor Migration ◽  
Statistical Data ◽  
Labor Relations ◽  
Labor Law ◽  
Integrated Approach ◽  
Legal Regulation ◽  
Labor Disputes ◽  
Existing Problems ◽  
Legal Provisions ◽  
Wide Range

Abstract The article is devoted to substantiating the necessity of using existing tools and means of labor law science in certain aspects of labor migration, particularly, concerning the provision of labor freedom for Ukrainian workers - labor emigrants. The integrated approach to the development of methodological foundations for such provision and the development of relevant legal provisions at various stages of realization of a person’s right to labor, as well as in part of ensuring the prohibition of compulsory labor, can qualitatively raise the level of legal regulation of labor migration through the inclusion of labor law science. In support of its argument the article provides a wide range of statistical data on Ukrainian labor emigration. It is determined that the existing problems of Ukrainian labor emigration in the context of ensuring freedom of work can be systematized at the stages of their occurrence in the following way: 1) before the emergence of labor relations with a foreign employer, that is, as long as a Ukrainian citizen is still in Ukraine and acts for the purpose of employment abroad; 2) the emergence of labor relations with a foreign employer, that is, the legal registration of such relationships; 3) the actual beginning of labor relations outside Ukraine, the course of labor relations and the presence of a Ukrainian labor emigrant in them; 4) termination of labor relations of the Ukrainian labor emigrant and return to the territory of Ukraine. The emergence of labor disputes is the optional stage.

UNFOLDING PARALLEL REASONING IN ISLAMIC JURISPRUDENCE

2018 ◽  
Vol 28 (1) ◽  
pp. 67-132 ◽  
Author(s):  
Shahid Rahman ◽  
Muhammad Iqbal
Keyword(s):  
Problem Solving ◽  
Philosophy Of Science ◽  
Legal Reasoning ◽  
Initial Study ◽  
Contemporary Philosophy ◽  
Fine Grained ◽  
Wide Range ◽  
Islamic Jurisprudence ◽  
Parallel Reasoning

AbstractOne of the epistemological results emerging from this initial study is that the different forms of co-relational inference, known in the Islamic jurisprudence as qiyās, represent an innovative and sophisticated form of reasoning that not only provides new epistemological insights into legal reasoning in general but also furnishes a fine-grained pattern for parallel reasoning which can be deployed in a wide range of problem-solving contexts and does not seem to reduce to the standard forms of analogical argumentation studied in contemporary philosophy of science. However, in the present paper we will only discuss the case of so-called co-relational inferences of the occasioning factor and only in the context of Islamic jurisprudence.

Applying data mining algorithms to real estate appraisals: a comparative study

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Thiago Cesar de Oliveira ◽  
Lúcio de Medeiros ◽  
Daniel Henrique Marco Detzel
Keyword(s):  
Data Mining ◽  
Real Estate ◽  
Support Vector ◽  
Predictive Capacity ◽  
Content Type ◽  
Data Mining Algorithms ◽  
Wide Range ◽  
Very Large Databases ◽  
Mining Algorithms ◽  
Statistical Results

Purpose Real estate appraisals are becoming an increasingly important means of backing up financial operations based on the values of these kinds of assets. However, in very large databases, there is a reduction in the predictive capacity when traditional methods, such as multiple linear regression (MLR), are used. This paper aims to determine whether in these cases the application of data mining algorithms can achieve superior statistical results. First, real estate appraisal databases from five towns and cities in the State of Paraná, Brazil, were obtained from Caixa Econômica Federal bank. Design/methodology/approach After initial validations, additional databases were generated with both real, transformed and nominal values, in clean and raw data. Each was assisted by the application of a wide range of data mining algorithms (multilayer perceptron, support vector regression, K-star, M5Rules and random forest), either isolated or combined (regression by discretization – logistic, bagging and stacking), with the use of 10-fold cross-validation in Weka software. Findings The results showed more varied incremental statistical results with the use of algorithms than those obtained by MLR, especially when combined algorithms were used. The largest increments were obtained in databases with a large amount of data and in those where minor initial data cleaning was carried out. The paper also conducts a further analysis, including an algorithmic ranking based on the number of significant results obtained. Originality/value The authors did not find similar studies or research studies conducted in Brazil.

scholarly journals Strategizing the for-profit city: The state, developers, and urban production in Mega Manila

2019 ◽  
Vol 52 (2) ◽  
pp. 403-422 ◽  
Author(s):  
Morgan Mouton ◽  
Gavin Shatkin
Keyword(s):  
Real Estate ◽  
Urban Space ◽  
The Philippines ◽  
The State ◽  
Metropolitan Region ◽  
Public Private Partnerships ◽  
Public And Private ◽  
For Profit ◽  
Wide Range

This article explores the evolving role of real estate developers in the wider metropolitan region of Manila, the Philippines. We argue that, given the relational nature of these actors, they are a relevant object of analysis for the formulation of “mid-level” theories that take into account both global, macroeconomic trends and local, history-dependent contingencies.  As we consider developers’ activities and interactions with a wide range of public and private actors, we retrace their gradual empowerment since the beginning of the postcolonial period. As a handful of powerful land-owning families created real estate development companies, urban production quickly became dominated by a strong oligarchy capable of steering urban development outside the realm of public decision-making. Philippine developers subsequently strengthened their capacity by stepping into infrastructure provision, seemingly expanding their autonomy further.  More recently, however, we argue that while the role of private sector actors in shaping urban and regional trajectories has scaled up, their activities have been tethered more strongly to a state-sponsored vision of change. Both by reorienting public–private partnerships (PPP) toward its regional plans, and by initiating new forms of public–private partnerships that give it more control, the state is attempting to harness the activity of developers. We characterize this shift as a move from the “privatization of planning” to the “planning of privatization” of urban space.

scholarly journals Ageing and Quality of Life - New Responses from the Real Estate Sector in Portugal (1)

2011 ◽  
Vol 15 (15) ◽  
pp. 57-69
Author(s):  
Fátima De Matos
Keyword(s):  
Quality Of Life ◽  
Real Estate ◽  
Elderly Population ◽  
The Elderly ◽  
Real Estate Market ◽  
The Real ◽  
The Real Estate ◽  
Real Estate Sector ◽  
Wide Range

Ageing and Quality of Life - New Responses from the Real Estate Sector in Portugal (1) In the second half of the 20th century, the history of European demography is associated with a pronounced and widespread process of ageing. The 21st century will have to cater to the needs of an elderly population in transformation. Portugal is also part of this process and in efforts to improve the quality of life of the elderly, a wide range of facilities, services and social responses have been established by a variety of promoters, targeting several social levels. This paper will analyze a specific segment directed at an exclusive niche of the elderly population, the Senior Residential Condominiums. This is a very recent segment of the housing market, with high levels of comfort, quality, sanitation, health, and recreation, essential to full well-being. The paper intends to characterize this real estate market niche so as to identify its distinctive features, the promoting agents and how they can contribute to residents' quality of life.

scholarly journals The Principles of Administrative Law as a Prism for Assessing the Content of Normative and Legal Provisions: Opportunities for Identifying the Problems and Solutions

2019 ◽  
Vol 87 (4) ◽  
pp. 104-116
Author(s):  
V. O. Ivantsov
Keyword(s):  
Rule Of Law ◽  
Legal Regulation ◽  
Administrative Law ◽  
The State ◽  
Charitable Organizations ◽  
The Rule Of Law ◽  
Legal Provisions ◽  
The Law ◽  
The Individual ◽  
Corruption Prevention

The author of the article assesses the content of administrative normative and legal acts (on the example of legal regulation of restrictions on receiving gifts) through the prism of modern understanding of the principles of administrative law, which made it possible to distinguish a number of problems for determining the content of some of them and to work out the ways to solve them, namely: 1) Having studied the norms of the laws of Ukraine “On Prevention of Corruption” and “On Charitable Activities and Charitable Organizations” through the prism of the principle of humanism and justice in the relations between the individual and the state, it is proved that the legal possibility in the sphere of legal relations in the sphere cannot be restricted (forbidden) humanism and charity; 2) an analysis of the law enforcement practice of implementing the prohibition on gift giving has often revealed a flagrant violation of the rule of law; emphasized that ensuring the legal certainty of the described ban can be ensured by revealing its content by the National Anti-Corruption Agency; 3) installed: – uncertainty about the specific characteristics of “allowed gifts”, which requires amendments to the Law of Ukraine “On Corruption Prevention” to exclude them or to provide clear explanations within the framework of the NACC Guidelines; – violation of the provisions of the Typical Anti-Corruption Program of a Legal Entity approved by the Decision of NAPC No. 75 dated from March 2, 2017 No. 75 on the principle of hierarchical highness of law, which requires amendments to them in accordance with the provisions of the Art. 23 of the Law of Ukraine "On Prevention of Corruption", which defines uniform rules for determining the amount of "allowed gift"; – the content of the concept of "gift" does not correspond to such an important element of the rule of law as "prohibition of discrimination and equality before the law", which requires amendments to the Law of Ukraine "On Prevention of Corruption" in the part of the correction of the concept of "gift" as such is bounded by the restriction of "family-private" relations not related to the performance of functions of the state or local self-government. As a result, it was found out that the principles of administrative law in order to improve the regulatory acts of the sphere of administrative and legal regulation are: 1) as a criterion for assessing the content of provisions of regulatory legal acts, resulting in the isolation of their shortcomings; 2) legal bases for elaboration of amendments and additions to administrative normative legal acts.

scholarly journals Application of Exploratory Modeling in Support of Transdisciplinary Inquiry: Regulation of Fishing Bycatch of Loggerhead Sea Turtles in Gulf of Ulloa, Mexico

2021 ◽  
Vol 8 ◽  
Author(s):  
Luis A. Bojórquez-Tapia ◽  
Germán Ponce-Díaz ◽  
Daniela Pedroza-Páez ◽  
Antonio J. Díaz-de-León ◽  
Francisco Arreguín-Sánchez
Keyword(s):  
United States ◽  
Management Strategies ◽  
The United States ◽  
Sea Turtle ◽  
United States Government ◽  
Technological Problem ◽  
Multiple Use ◽  
Advocacy Groups ◽  
Legal Provisions ◽  
Wide Range

The fishing bycatch of the loggerhead sea turtle (Caretta caretta) epitomizes the challenges of designing fisheries management strategies to protect highly migratory, endangered species. We present here the case of turtle bycatch in the Gulf of Ulloa, Mexico, in which conservation advocacy groups requested the United States Government to apply the legal provisions for preventing fishing bycatch of protected living marine resources (PLMR). Because these provisions implied the possibility of trade sanctions, the Mexican government had to devise policies equivalent to those imposed on the United States’ fleet. While conservation advocacy groups claimed that the effect of fishing bycatch was proven, the federal fisheries agency disregarded the facts for political reasons. Evidently, there was a need for a practical approach to address this highly contested policy-making problem characterized by limited data, deep uncertainties, and urgency for results. Our goal here is to present the implementation of an exploratory modeling rationale to tackle this sort of complex socio-ecological technological problem. We focused on identifying the bycatch level at which the environmental authorities would be compelled by law to act in protecting the loggerheads. We combined ecological risk analysis and area-oriented multiple-use framework to evaluate a wide range of plausible scenarios consistent with the available data. Results identified the bycatch level that indicated a potential critical transition to a low resilience state of the loggerhead population, and the proper multiple-use management scheme. Our findings were used to formulate regulations aimed to set a bycatch cap and a refuge area for the loggerhead population in the region.

scholarly journals Problematyka właściwego wyeksponowania zabytków ruchomych z perspektywy administracyjnoprawnej

2020 ◽  
pp. 45-60
Author(s):  
Agata Lizak
Keyword(s):  
Interior Design ◽  
Administrative Law ◽  
Legal Provisions ◽  
Legal Restriction ◽  
Scientific Value

The problem of adequate display of movable monuments from the perspective of administrative law As regards the Act of 23rd July 2003 on the Protection of Monuments and the Guardianship of Monuments, there are no regulations directly addressing the problem of display of movable monuments. Yet, similarly to immovable monuments’ surroundings (which are legally protected under certain conditions), movable heritage surroundings may also exert an influence on objects’ historic, artistic or scientific value. This article examines four main aspects of the aforementioned problem, including a discussion on how and in which cases the protection of immovable monuments may automatically ensure the protection of movable property’s surroundings. Moreover, this analysis concerns the scope of the legal restriction of permanent relocation of movable monuments, violating traditional notions of interior design. Next, attention is given to the specific protection of monument surroun letter analysis of current legal provisions, the analysis comprises elements of the historic evolution of regulation in this context. Furthermore, an attempt to formulate postulates de lege ferenda has been made.

scholarly journals Content and boundaries of the primary real estate market as an object of statistical research

2019 ◽  
Vol 16 (1) ◽  
pp. 41-56
Author(s):  
Dmitry V. Dianov ◽  
Pavel A. Smelov
Keyword(s):  
Real Estate ◽  
Market Economy ◽  
Real Estate Market ◽  
Secondary Market ◽  
Clear Understanding ◽  
Statistical Methodology ◽  
Statistical Research ◽  
The Real ◽  
Wide Range ◽  
The Impact

The primary real estate market is one of the youngest segments of the market economy in modern Russia. If the genesis of the modern secondary market was observed in the pre-reform period: barter relations in terms of urban housing, the purchase and sale of suburban areas were freely carried out, small suburban real estate, garage buildings, etc., the real market relations with the relevant legal framework in terms of ownership rights in the primary market became possible only with the change of economic formation. All participants in the rapidly emerging primary real estate market quickly became familiar with pricing, market conditions, utility criteria and many other parameters inherent in this market segment. However, issues of managing business processes on the primary market of real estate, including a balance of opportunities for sellers and customer needs, pricing, adequate information support to all management levels, still are a problem and remain open.Purpose.The relevance and social need for statistical study of the primary real estate market determined the purpose of scientific work as a clarification of the nature, content, boundaries and participants of the market in order to improve and develop statistical methodology.Materials and methods.To make the research and form the adequate conclusions when writing a scientific paper, the extensive material of theoretical, methodological and applied nature was used, the authors of which are both domestic and foreign scientists in the field of statistics, management, investment, marketing and technical sciences. The paper uses a wide range of general scientific methods of knowledge, the use of which together allowed to abstract from the non-essential aspects and mutually reinforcing factors that do not ultimately have a tangible impact on the state and dynamics of the primary real estate market - methods of abstraction and idealization; moving from the general laws of the real estate market, to form private conclusions concerning the segments and even objects of the primary real estate market as an object of statistical research – the method of deduction; to comprehend the object as a whole and at the same time as an interconnected mechanism represented by all its structural components – methods of analysis and synthesis; to conduct a comparative analysis of objects and identify possible vectors of the market development – methods of analogy and mental-symbolic modeling.Results. Qualitative analysis allowed to determine the place and importance of the primary real estate market in the entire system of multi-market economy; to identify the life cycle of the objects of the market and on their basis to structure it; to identify the factors of development of the primary real estate market, quantitative assessment of the impact of which will be subsequently given on the basis of regression analysis; to summarize the set of risks that determine the diverse variation of the primary real estate market. The development of statistical methodology for the study of the primary real estate market can be based only on a clear understanding of the nature and internal content of the studied object. At the same time, so sensitive to the market and general economic situation in the country and each region, the market is constantly changing: it does not have a stationary point. Therefore, it is necessary not only quantitative analysis of the object on the basis of statistical methods, but also continuous monitoring of all economic phenomena that contribute to the modification of the primary real estate market.

Sign in / Sign up

Export Citation Format

Share Document