scholarly journals LEGAL CONSEQUENCES OF CORRUPTION IN THE AL-QUR’ĀN; KHĀFĪ ALFĀZ APPROACH TO THE CORRUPTION VERSES

2021 ◽  
Vol 1 (2) ◽  
pp. 103-124
Author(s):  
Abd. Basid ◽  
Muhammad Naufal Ashshiddiqi ◽  
Rif’atul Afifah Salsabila ◽  
Dianatus Sholiha
Keyword(s):  
Modern Society ◽  
Differences Of Opinion ◽  
Legal Arguments ◽  
The Law ◽  
Legal Consequences

The term corruption is known in modern society and was not found in the early days and development of Islam. In Indonesia, many corrupt practices were found around 1950. Furthermore, in relation to its legal arguments, al-Qur’an does not directly mention laws and sanctions for corruptors. Therefore there are many differences of opinion in determining the sentence. This research will discuss and explore the laws and sanctions for corruptors from the four verses of the Qur'an, namely QS. Āli ‘Imrān [3]: 161, QS. Al-Nisā '[4]: 29, QS. Al-Baqarah [2]: 188, and QS. Al-Māidah [5]: 38 using the khāfī alfāz interpretation approach. By using thematic methods and liberative hermeneutics, this study finds a conclusion that the law of corruption is the same as al-sāriq and the legal consequences are the same as thieves, namely punishment (cutting off hands) or imprisonment

scholarly journals URGENSI SUNAH DALAM PENETAPAN HUKUM ISLAM

At-Tuhfah ◽  
2018 ◽  
Vol 7 (1) ◽  
pp. 37-49
Author(s):  
RIRIN FAUZIYAH
Keyword(s):  
Islamic Law ◽  
Differences Of Opinion ◽  
The Law ◽  
Legal Consequences ◽  
Legal Force

“Sunnah as one of the sources of Islamic law that occupies the second position after al-Qur'an, it is still a matter of disputed. The dispute stems from differences of opinion about the legal force contained in the sunnah, which includes binding and has the power to emulate or not. These differences of opinion have different legal consequences. The position and urgency of sunnah in the formation of Islamic law also did not escape from the dispute. Some scholars believe that the sunnah as the second source of law is capable of independently establishing the law, but some others assume that the sunnah is not a source of law-settlers but rather the explanation and detailing, so that anything born from sunnah has actually been covered in al-Qur'an 'an. Sunnah serves to explain and strengthen the laws that already exist in al-Qur'an. Sunnah also provides the details and interpretations of the verses of al-Qur'an that are still mujmal or global, providing limits on the things that have not been limited, giving specificity (takhsis) on the verses that are general, and provide explanations of things which is still complicated in al-Qur'an. Sunnah also serves as the forming of a new law that does not exist in al-Qur'an.”

MANAJEMEN PENGAWASAN PERATURAN DAERAH DILAHAT DARI PERUNDANGAN-UNDANGAN

2017 ◽  
Vol 5 (3) ◽  
Author(s):  
Dr. Hotma Napitupulu, MM.
Keyword(s):  
Secondary Data ◽  
Empirical Method ◽  
Conceptual Approach ◽  
Regulatory Oversight ◽  
Secondary Data Source ◽  
Approach Method ◽  
Data Source ◽  
The Law ◽  
Harmonization Of Law ◽  
Legal Consequences

Management of regulatory oversight under the law, analyze the legal consequences with its use as a system of legal oversight mechanisms in order to create harmonization of law in the region. As for the method used in research by using empirical method that is by conceptual approach method with primary and secondary data source. As for the method used in research by using empirical method that is by conceptual approach method with primary and secondary data source.

Designing Requirement of Spring and MR Damper for New Type Baby Car Seat

2015 ◽  
Vol 741 ◽  
pp. 28-31 ◽  
Author(s):  
Chang Hyun Cho ◽  
Seung Bok Choi
Keyword(s):  
Mr Damper ◽  
Modern Society ◽  
Magnetorheological Damper ◽  
Car Seat ◽  
Car Safety ◽  
New Type ◽  
Design Requirements ◽  
The Law ◽  
Car Accident ◽  
Safety Seat

In modern society, a plenty of car accident is occurred and a lot of people get injury every day. For this reason, the importance of car safety has been increased and car safety has been extensively studied. Especially in many countries, the law about using baby safety seat is legislated to protect babies and children from accident. Thus, recently numerous products for baby safety have been developed. In this paper, a new type baby car seat is proposed to protect babies and children from frontal accident. In order to achieve this goal, design requirements of spring and MR(Magnetorheological) Damper which are main elements for a new type baby car seat are investigated.

scholarly journals Pemakaian Kaedah Istihlak dan Istihalah dalam Penentuan Produk Halal di Malaysia Berdasarkan Bidangkuasa Perundangan dan Keputusan Hukum Muzakarah Jawatankuasa Fatwa Majlis Kebangsaan Bagi Hal Ehwal Ugama Islam Malaysia

2019 ◽  
Vol 15 (1) ◽  
pp. 23-43
Author(s):  
Zulfaqar mamat Ab rahman
Keyword(s):  
Decision Making ◽  
Well Being ◽  
National Council ◽  
Legal Provisions ◽  
Differences Of Opinion ◽  
Library Studies ◽  
The Law

Sometimes there is a doubt in society, especially Muslims today about food and consumables that have been mixed in terms of content. The purpose of this study is to see the extent of istihlak and istihalah methods in the production of a halal product in Malaysia. Library studies have been used in establishing the basis of decision making for these two methods, views and differences of opinion between the fuqaha on various fiqh school of thought are also highlighted based on their main books. Furthermore, istihlak and istihalah's position in halal product processing in Malaysia is reviewed by examining the enactments and related acts. In addition, the fatwa and legal provisions decided by the authorized party, The National Council of Fatwa Commitee Malaysia were also reviewed to evaluate the application of this method more thoroughly. The study found that istihlak and istihalah methods used in the production of halal products in Malaysia are only in a narrow and restricted context as practice in the Syafie school of thought. Priority to the Syafie school of thought which is the official sects of the country in the determination and interpreting of the law and fatwa continues to be maintained in order to safeguard the harmony and well-being of society in general. ABSTRAK Kajian ini bertujuan untuk melihat sejauhmana kaedah istihlak dan istihalah diterima dalam  menentukan penghasilan sesuatu produk halal di Malaysia. Kajian perpustakaan telah digunakan dalam menetapkan asas penetapan hukum  bagi kedua-dua kaedah ini, pandangan dan perbezaan pendapat antara fuqaha mazhab juga diketengahkan berdasarkan kitab-kitab utama mereka. Seterusnya kedudukan istihlak dan istihalah dalam pemprosesan produk halal di Malaysia dikaji dengan meneliti enakmen dan akta berkaitan. Selain itu, fatwa dan ketetapan hukum yang diputuskan pihak yang diberi kuasa iaitu Muzakarah Jawatankuasa Fatwa Majlis Kebangsaan Bagi Hal Ehwal Ugama Islam Malaysia juga diteliti untuk menilai pemakaian kaedah ini secara lebih menyeluruh. Kajian mendapati kaedah istihlak dan istihalah yang digunakan dalam penghasilan produk halal di Malaysia hanya dalam konteks yang sempit dan terhad sahaja sebagaimana amalan dalam mazhab Syafie. Keutamaan kepada mazhab Syafie yang menjadi pegangan rasmi negara dalam menentu dan mentafsirkan hukum serta fatwa terus dikekalkan demi menjaga keharmonian dan kesejahteraan masyarakat secara amnya.

scholarly journals Commercial Appropriation of a Person's Image: Wells V Atoll Media (Pty) Ltd (Unreported 11961/2006) 2009 ZAWCHC 173 (9 November 2009)

2017 ◽  
Vol 14 (2) ◽  
pp. 181
Author(s):  
Steve Cornelius
Keyword(s):  
Modern Society ◽  
Commercial Exploitation ◽  
Business People ◽  
The Law ◽  
The Rich ◽  
The Individual ◽  
The Right

Our modern society has become transfixed with celebrity. Business people and marketers also endeavour to cash in on the popularity enjoyed by the stars and realise the value of associating merchandise or trademarks with the rich and famous. This leads to difficulties when the attributes of a person are apparently used without consent, which poses new questions to the law: should the law protect the individual against the unlawful use of his or her image? If so, to what extent should such protection be granted? These were some of the questions which the court had to answer in Wells v Atoll Media (Pty). The judgment in Wellshas redefined the right to identity and provided some clarity on what the infringement of that right would amount to. When the attributes of a person are used without consent, the right to identity can be violated in one of four ways. A person's right to identity can be infringed upon if the attributes of that person are used without permission in a way which cannot be reconciled with the true image of the individual concerned, if the use amounts to the commercial exploitation of the individual, if it cannot be reconciled with generally accepted norms of decency, or if it violates the privacy of that person.

scholarly journals The Iron Law

2013 ◽  
Vol 6 (3) ◽  
Author(s):  
William Sims Bainbridge
Keyword(s):  
Social Disorganization ◽  
Modern Society ◽  
Scientific Theories ◽  
Star Wars ◽  
The Law ◽  
Social Scientific ◽  
Old Republic ◽  
The Many

Star Wars: The Old Republic and Fallen Earth are two of the many recent online gameworlds that depict disintegrating and conflict-ridden societies, in which the very legitimacy of the law is in doubt. Thus they become vehicles for critique of real modern society, and intentionally or unintentionally reflect social-scientific theories of social disorganization, institutional functionality, and the origins of law. This essay examines these examples in terms of the Iron Law of Oligarchy proposed a century ago by Robert Michels, and related classical theories that either contradict or extend it.

scholarly journals Juridical Review Of Nominee Agreement In Land Of Tenure Property Rights Under The Book Of Civil Law And Agraria

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 441
Author(s):  
Indah Esti Cahyani ◽  
Aryani Witasari
Keyword(s):  
Property Rights ◽  
Legal System ◽  
Civil Law ◽  
Civil Code ◽  
Good Faith ◽  
Freedom Of Contract ◽  
Related Statement ◽  
The Subject ◽  
The Law ◽  
Legal Consequences

Nominee agreement is an agreement made between someone who by law can not be the subject of rights to certain lands (property rights), in this case that foreigners (WNA) and Indonesian Citizen (citizen), with the intention that the foreigners can master land de facto property rights, but legal-formal (de jure) land property rights are assigned to his Indonesian citizen. The purpose of this paper isto assess the position of the nominee agreement in Indonesia's legal system and the legal consequences arising in terms of the draft Civil Code and the Law on Agrarian. Agreement is an agreement unnamed nominee made based on the principle of freedom of contract and good faith of the parties. However, it should be noted that the law prohibits foreigners make agreements / related statement stock wealth / property (land) for and on behalf of others, sehingga the legal consequences of the agreement is the nominee of the agreement is not legally enforceable because the agreement was made on a false causa.Keywords: Nominee Agreement; Property Rights; Foreigners.

scholarly journals Transaksi Jual Beli Melalui Media Instagram Menurut Undang-Undang Nomor 11 Tahun 2008 Tentang Informasi dan Transaksi Eletronik

2021 ◽  
Vol 2 (2) ◽  
pp. 416-421
Author(s):  
I Made Satria Wibawa Tangkeban ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Research Method ◽  
Primary Sources ◽  
The Internet ◽  
Legal Research ◽  
Online Transactions ◽  
Legal Remedies ◽  
Trading Activities ◽  
The Law ◽  
Legal Consequences

The internet is an electronic and information medium that is developing very rapidly. The internet is widely used in various activities, namely trade, trading activities that use the internet known as e-commerce. Trading on the internet itself raises many problems related to the law and all its risks. Problems that can arise include default. The research aims are to analyze the rights and obligations of the parties in buying and selling transactions via Instagram and the legal consequences that arise if the seller in the sale and purchase transaction through Instagram defaults. The research method used is normative legal research, with using statutory approach. Primary sources of legal materials, sources of secondary legal materials were analyzed using systematic interpretation techniques. The result shows that in the buying and selling activities carried out on Instagram, there are often deviations in rights and obligations that are no longer in accordance with existing norms in society and legal remedies that can be taken if there is a default from one of the parties, be it the seller. and buyers who make online transactions can be sued within the environment of the general court or outside the court and can be subject to direct fines for parties who do not perform in default.

scholarly journals Axel Honneth: The law of freedom – Institutionalization of freedom in modern societies – A reconstruction and some remarks

2012 ◽  
Vol 7 (2) ◽  
Author(s):  
Jacob Dahl Rendtorff
Keyword(s):  
Civil Society ◽  
Modern Society ◽  
Recent Book ◽  
Axel Honneth ◽  
The Family ◽  
Law And Morality ◽  
The Law ◽  
Philosophy Of Right

This paper reconstructs the argument of Axel Honneth’s recent book Das Recht der Freiheit as a theory of the institutionalization of freedom in modern society. In particular, it looks at Honneth’s argument for the realization of freedom in law and morality that is proposed as a contemporary re-interpretation of Hegel’s Philosophy of Right. Then I discuss Honneth’s argument for the reality of freedom in the ethical spheres of civil society, in particular in the family, the market and in democracy. Finally, the paper proposes some critical remarks to Honneth’s theory.

scholarly journals SANKSI YANG DITERIMA OLEH PEJABAT PEMBUAT AKTE TANAH DALAM PEMBUATAN AKTA AUTENTIK YANG CACAT HUKUM (STUDI PUTUSAN: PN JAKSEL NO. 124/PDT.G/2017/PN.JKT.SEL)

2019 ◽  
Vol 2 (2) ◽  
pp. 314
Author(s):  
Andi Pratono ◽  
Tjempaka Tjempaka
Keyword(s):  
Government Regulation ◽  
Code Of Ethics ◽  
Public Official ◽  
Legal Certainty ◽  
Legal Research ◽  
Community People ◽  
Is Theory ◽  
The Law ◽  
Legal Consequences ◽  
Made In

Indonesia is the law of state or law state, as a law state country, Indonesia must have 3(three) important element such as legal certainty, justice, and expediency. Those main elements represent all the law state. In community, people everyday acts always relate to legal act, such as contract, buying or selling object that promised. To ensure those legal act have the ability perfect proof power, those legal act poured in the form of deed. In buying and selling land, a deed of sale and purchase must be made in front authorized official like land deed officer. However land deed officer as public official do make mistake on duty, with the result that party at a disadvantage. Party that loss because of mistake land deed officer, do ask for responsibility by suing the land deed officer to compensate the losses. Land deed officer in carrying out their duties must apply the precautionary principle so as to minimize any mistakes in making the deed. Author is using normative legal research methods, supported by a data which is theory and interviews some expert in land deed officer and Code of Ethics. The legal consequences to the land deed officer due the legal acts are against the law, which is a sanction will be given. The sanction will divided in three types such as sanction according to the Civil Law, Criminal Law and Code of Ethics or Government Regulation about land deed officer.

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