scholarly journals الأحوال الشخصيّة في القانون الفرنسي وما يقابله في التشريع الإسلامي: غينـيا كوناكري نموذجاً

2019 ◽  
Vol 7 (1) ◽  
pp. 97-107
Author(s):  
Mohamed Lamine Sylla ◽  
Muhammad roflee Waehama ◽  
Asman Taeali

This paper discusses some of the Islamic virtues as compared to other religions, either divine or non-celestial, in the most important subjects of life, namely the social issues of marriage and its related matters. In doing so, the research compares Islamic law with French law, with the state of Guinea Conakry as the case study, due to its position as a French colony which practices Islam. This study aims to highlight the similarities in the principles of Islam and French law with regard to many social issues relating to marriage, and in doing so, the researcher has adopted the inductive, analytical and comparative methods. This paper also suggests that there is an interest to translate the relevant Islamic laws in relation to the subject matter, because of the clearly defined principles between the good and the bad.

Jurnal Hukum ◽  
1970 ◽  
Vol 25 (1) ◽  
pp. 412
Author(s):  
Faisol Azhari

The prevention of crime is also explained by Criminology. So that Criminology is also include the study of the reaction of society against crime. It might be argued that this belongs, strictly speaking to the domain of sociology of the criminal law but it has to be admitted that the reaction of the state which is the subject matter of penology. They are both strongly by criminogenic forces and should therefore be studied by criminologist. Edwin H Sutherland and Cressey said that the prevention of crime or the reaction of society against crime include within criminology scope the processes of making laws of breaking laws and of reacting toward the breaking laws.The reraction of society against crime include to critize the punitifly of the social reaction and the treatment of raection of society against crime. The reaction of society against crime is also about social perseption about social order and development of perseption of society for social order is depent on development of society which consist of traditional society and modern society.Keyword : Concept of Crime prevention, Reaction of society against crime


2019 ◽  
Vol 19 (1) ◽  
pp. 27
Author(s):  
Muhammad Sulthon

Deconstruction of Islamic law in accordance with the subject matter that is in harmony with the social dynamics become mainstream. This deconstruction is epistemelogi idea is applied in the form of social thought Islamic thinker Islamic law. In the Koran legislation contains general principles and legal-specific. The general principles are the true meaning and arguments behind-specific legal provisions, sometimes explicitly stated also accompany expressions of legal-specific. In the renewal of ideas Islamic law, substantive attention to texts that are definitive (absolute) and zhanni (relative). The distinction between qath'i with zhanni so stressed, because in this case it is an open space for diligence in order to respond to changing times. Deconstruction of Islamic law seeks to find knowledge that is rooted to the moderate Islamic knowledge and adaptive to the times.


2019 ◽  
Vol 17 (1) ◽  
pp. 351-375
Author(s):  
Mateusz Rafał ◽  
Dominik Borek

This article takes up the innovatory subject of cooperation in the field of football and the tourism sector by the Visegrad Group states. The subject matter of this study has not been widely discussed in the literature, hence most of de lege ferenda postulates are open to further discussion. The current Visegrad Group was created as a political project, not an evolutionary social initiative. This does not mean, however, that the societies of its member states are significantly different from each other, and the structure itself is exotic. The benefits of an extended cooperation, which seems not to have an alternative, for all the participants are fully understood. Therefore, the direction of common thinking about maximizing profits in the developing sector of tourism, and making the most of the social potential of football, can be an attractive platform for international dialogue and extended cooperation among the V4 countries. The baggage of history, geographic and cultural proximity, the migration crisis, as well as the imperialist policy of the neighbouring Russia effectively motivate to strengthen cooperation and create stronger mechanisms with each other. It is indisputable that the tendencies for cooperation in the Visegrad countries are not a novelty.


1999 ◽  
Vol 17 (1) ◽  
pp. 87-98
Author(s):  
René Gothóni

Religion should no longer only be equated with a doctrine or philosophy which, although important, is but one aspect or dimension of the phenomenon religion. Apart from presenting the intellectual or rational aspects of Buddhism, we should aim at a balanced view by also focusing on the mythical or narrative axioms of the Buddhist doctrines, as well as on the practical and ritual, the experiential and emotional, the ethical and legal, the social and institutional, and the material and artistic dimensions of the religious phenomenon known as Buddhism. This will help us to arrive at a balanced, unbiased and holistic conception of the subject matter. We must be careful not to impose the ethnocentric conceptions of our time, or to fall into the trap of reductionism, or to project our own idiosyncratic or personal beliefs onto the subject of our research. For example, according to Marco Polo, the Sinhalese Buddhists were 'idolaters', in other words worshippers of idols. This interpretation of the Sinhalese custom of placing offerings such as flowers, incense and lights before the Buddha image is quite understandable, because it is one of the most conspicuous feature of Sinhalese Buddhism even today. However, in conceiving of Buddhists as 'idolaters', Polo was uncritically using the concept of the then prevailing ethnocentric Christian discourse, by which the worshippers of other religions used idols, images or representations of God or the divine as objects of worship, a false God, as it were. Christians, on the other hand, worshipped the only true God.


2017 ◽  
Vol 7 (1) ◽  
pp. 96-118
Author(s):  
Syaukani Syaukani

An effort to preserve and utilize manuscripts in this archipelago, especially religious manuscripts, is very important due to, at least, two reasons. Firstly, there has been abundant important information pertinent to religious phenomena in the manuscripts. Secondly, physical condition of the manuscripts has been increasingly fragile. Following the process of choosing the manuscript, the author has selected one of the manuscripts preserved in the State Museum of North Sumatra. This study employs the theory of philology, literature and history in analyzing the manuscript. Analyses are focused on the language used, the cultural background of the manuscript, and the social history of the region where it has been written. The findings of this study tell us that the manuscript, named Kashf al-Gharā’ib, is a classical Islamic manuscript which still has been well preserved at the State Museum of North Sumatra. It contains the scientific information of fiqh (Islamic law), especially discussing about the way of worshipping the God. The manuscript also consists of religious poems and problems of adab (ethics). Of the three topics discussed in this manuscript, I give considerable attention on worship and ethical issues.


2021 ◽  
Vol 66 ◽  
pp. 113-117
Author(s):  
M.O. Buk

This article is dedicated to the analysis of the essential hallmarks of social services procurement. The attention is focused on the absence of the unity of the scientists’ thoughts as for the definition of the term “social procurement”. It has been determined that in the foreign scientific literature the scientists to denote the term “social procurement” use the notions “social contracting”, “social order” and “social commissioning”, and they use these notions with slightly different meanings. Therefore, the notion “social procurement” is defined as: 1) activity of a country; 2) form of the state support; 3) complex of measures; 4) legal mechanism. The article has grounded the expediency of the definition of social procurement in the legal relations of social care as a special legal way to influence the behavior of the parties of the social care legal relations. The publication advocates the idea that social procurement is one of the conditions for the rise of the state and private sectors partnership. The state-private partnership in the legal relations regarding the provision of social services is proposed to be defined as cooperation between Ukraine, AR of Crimea, territorial communities represented by the competent state bodies, self-government bodies (authorized bodies in the sphere of social services provision) and legal entities, but for the state and municipal enterprises and establishments, and organizations (providers of social services) regarding the provision of social services, which is carried out on the basis of an agreement and under the procedure set by the Law of Ukraine “On Social Services” and other legal acts that regulate the social care legal relations. The article substantiates the thesis that the subject of the social procurement is social services and resolution of social issues of the state/regional/local levels in the aspect of the satisfaction of the needs of people/families for social services (state/regional/local programs of social services). It has been determined that the main forms of realization of the social procurement in the social care legal relations are public procurements of social services and financing of the state/regional/local programs of social services. The public procurement of social services is carried out under the procedure set by the Law of Ukraine “On  Public Procurement” taking into account the special features determined by the Law of Ukraine “On Social Services”. The social procurement in the form of financing of the state/regional/local programs of social services is decided upon the results of the tender announced by a client according to the plan for realization of the corresponding target program.


2021 ◽  
Vol 13 (2) ◽  
pp. 319-329
Author(s):  
Kamaluddin Abbas

The government has made many laws and regulations, but corruption issues cannot yet be controlled. Police and Prosecuting Attorney Institutions have not yet functioned effectively and efficiently in eradicating corruption. Therefore, the public hopes Komisi Pemberantasan Korupsi (KPK)/the Corruption Eradication Commission eliminates the crime. KPK is considerably appreciated by the public due to Operasi Tangkap Tangan (OTT)/Red-handed Catch Operation to many government officials involved in bribery action, but the subject matter thereof is whether the OTT is in line with the fundamental consideration of KPK founding pursuant to Law Number 30 of 2002 as updated by the Law Number 19 of 2019 in order to increase the eradication of corruption crime causing the state's financial loss with respect to people welfare particularly KPK powers pursuant to the provision of Article 11 thereof, among others, specifying that KPK shall be authorized to conduct inquiry, investigation and prosecution on corruption crime related to the state financial loss of at least Rp 1,000,000,000 but in fact many OTTs performed by KPK have a value of hundred million Rupiah only and even there are any cases below Rp 100,000,000.-, and bribery action control through OTT being more dominant if compared to the state's financial corruption is not in line with the primary consideration of KPK founding, and similarly the OTT below 1 billion Rupiah doesn't conform to the provision of Article 11 thereof.


2021 ◽  
Vol 37 (1) ◽  
pp. 146-180
Author(s):  
Roslina Abdul Latif ◽  
◽  
Sojoud Elgarrai ◽  

The following study of selected works of art by Zulkiflee Anwar Haque or better known as Zunar, a Malaysian political cartoonist from his book ‘Twit Twit Cincin’. This study is guided by the visual rhetoric theory that has three areas of study - nature, function and evaluation. The study looks at selected cartoons that addressed political figures, politics and social issues. The research looked at the way the caricatures portrayed Malaysian politicians, his perspectives on the political and social issues and how these issues were addressed. The researcher also looked at metaphors used by the cartoonist to communicate his ideas to the audiences. The study found that Zunar’s portrait of Malaysian politicians is not always positive. He is critical but not in an inflammatory way. The metaphors found in Zunar’s work are found to be common themes and simple to understand. They are also very well-known, visually appealing and a tool to tie his messages together and to get his ideas across. Zunar has managed to resist the oppression of the state through his cartoons while looking at institutional reform, puts forth an alternative articulation of history and nation that juxtapose the current government. Keywords: Zunar, political cartoonist, political and social issues, Twit Twit Cincin, metaphors.


2018 ◽  
Vol 1 (2) ◽  
Author(s):  
Ummu Saidah ◽  
Saidna Zulfiqar Bin-Tahir ◽  
Nuril Mufidah

In reality, not a few teachers who have been certified as educators are less competent in teaching the field of study. Many teachers are also able to master the subject matter, but they have difficult to present the material. This research applied a qualitative method using a case study design. It was carried out in the State Madrasah schools of Salahutu District, Central Maluku Regency. This research was conducted from August to 02 November 2017. The subjects of this study were 3 Arabic teachers, two principals and 6 class students totaling 12 informants. Based on the results, it was found that the pedagogic competence of Arabic language teachers was still relatively low due to the several indicators that were not implemented during the learning process. The personality’s competence of Arabic language teachers is relatively good compared to their pedagogical competence. The lacks of training, facilities, and rewards have caused the low educational competence of teachers. Their personal competence is due to strict supervision and their commitment to building the ummah as followers of religion and not because of their profession as teachers. Students are motivated to learn Arabic due to the motivation is given by the teacher, the mu'amalah is good between teachers and students, and there is a continuous and rigorous evaluation.


Author(s):  
Seyfeddin Kara

The development of Shīʿi jurisprudence has mostly been studied from the perspective of its relation to political authority. A handful of works that have examined the subject from a purely legal perspective, neglected the influence of Muslim societies on the evolution of Shīʿi legal theory. The paper examines the development of Shīʿi jurisprudence from a legal perspective and argues that there is an intrinsic connection between Islamic law (both Sunni and Shiʿi laws) and Muslim societies. Therefore, the changing values and expectations of society prompt changes in Islamic rulings. In this sense, the evolution of Shīʿi legal theory is no different to Sunni legal theory, and there are striking similarities between Khomeini's theory of Wilāyat al-Faqīh and the Sunni legal notion of maṣlaḥa which both aim to respond to the exigencies of the social change.


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