PROTECTION ON WORKERS’ RIGHT IN TRADE UNIONISM IN MALAYSIA

2020 ◽  
Vol 5 (20) ◽  
pp. 138-147
Author(s):  
Mumtaj Hassan

The right to form a trade union constitutes a fundamental right of workers. Employers need to respect and support the worker's enjoyment as to freedom of establishing and joining a trade union and involving in lawful trade union activities. This article adopts doctrinal research methodology which is mainly library research and focuses on the freedom of workers, in particular, the right to trade unionism and the right to participate in the activities thereon in Malaysia. Ancillary to be the same, the discussion will also dwell on the restrictions or prohibitions that are imposed on employers with regard to the members’ participation in the trade union activities. This article further proffers for the recognition of workers’ right to form a trade union without any interference from the employers in order to attain an industrial relationship that is more harmonious, productive, and without acrimonious.

2019 ◽  
Vol 3 (1) ◽  
pp. 33-48
Author(s):  
Feri Purnama

Parni Hadi's Thought Study of Prophetic Journalism about the dissemination of information based on faith, and good and bad renewal in society. Parni Hadi as a press figure supports his prophetic journalism as a way of preaching and the legacy of the prophet's duty to be applied in journalistic practice. This study analyzes Parni Hadi about Prophetic Journalism, Islamic Journalism, and implementing Prophetic Journalism. The library research methodology (literature study) uses content analysis methods. This study found that Prophetic Journalism can be practiced by journalists or mass media religious backgrounds, as long as presenting the right journalistic products, educating and to help all people, while still using the prophet's duty on honesty, help, be reliable, educate and send a message full of wisdom .Penelitian Pemikiran Parni Hadi tentang Jurnalisme Profetik ini tentang penyebaran informasi yang dilandasi iman, dan mempertimbangkan dampak baik dan buruk di masyarakat. Parni Hadi sebagai tokoh pers memiliki gagasan jurnalisme profetiknya sebagai jalan dakwah dan warisan tugas nabi untuk diterapkan dalam praktik jurnalistik. Penelitian ini menganalisa pemikiran Parni Hadi tentang Jurnalisme Profetik, Jurnalisme Islami, dan mengimplementasikan Jurnalisme Profetik. Metodologi penelitian kepustakaan (library research) ini menggunakan pendekatan analisis konten. Penelitian ini menemukan Jurnalisme Profetik yang bisa dipraktikan oleh jurnalis atau media massa berbagai latar belakang agama, selama menyajikan produk jurnalistik yang benar, mendidik dan untuk kebaikan seluruh umat, dengan tetap menerapkan tugas nabi tentang kejujuran, mengajak kebaikan, dapat dipercaya, mendidik dan menyampaikan pesan penuh kearifan. 


1969 ◽  
Vol 7 (2) ◽  
pp. 61
Author(s):  
Salim Ashar

Character is a complicated issue, even considered an abstract problem. It is said to be abstract because the concept of manners is not yet operational. While good and bad standards for morals are in the objective view of God the Creator of man. If the character is ethics, it is very dangerous, because some of its value will be contrary to the moral lessons that exist in religious subjects. When both are taught (ethics and morals) then the threat is the students will later experience what is called a split personality, that is split personality. Students become confused because there are conflicting values, such as good values ​​in the sense of morals and good value in manners (call: ethics). There is no honest terminology of Arabic versions, honest English versions, false witnesses of Arabic and French versions, as there is no terminology about Arab or Turkish morality. This applies to humans when there is a pattern of intersection between ethical values ​​and customs: ethical values ​​derive from the "right" way (revelation), whereas customs are derived from the habits The purpose of this study are: 1) Describing whether or not the addition manners in the lessons of Islamic Religious Education. 2) Describe the material (content) in the lesson of Islamic Education and the intersection of Budi Pekerti based on traditional perspectives. This study uses "Library Research". The research data used is secondary data. Data collection techniques used are documentation. Data processing is done by conducting the activity of review, verification and reduction, grouping and systematization, and interpretation or interpretation so that a phenomenon has social, academic, and scientific value. From the results of the discussion concluded: 1) Based on the perspective of Islam, the lessons of Islamic Religious Education need not be added with the character, because in fact holistic education includes in the Islamic Religious Education. 2) The content of Islamic Religious Education should include aspects of Islam, ie Aqidah, Shari'ah and Akhlak which are taught in a balanced way, but the lesson of character can be combined as long as the adat is the custom of the Muslims.


2020 ◽  
Vol 17 (1) ◽  
pp. 56-69
Author(s):  
Aishath Muneeza ◽  
Zakariya Mustapha

Limitations of action designate extent of time after an event, as set by statutes of limitations, within which legal action can be initiated by a party to a transaction. No event is actionable outside the designated time as same is rendered statute-barred. This study aims to provide an insight into application and significance of Limitations Act 1950 and Limitation Ordinance 1952 to Islamic banking matters in Malaysia as well as Shariah viewpoint on the issue of limitation of action. In conducting the study, a qualitative research methodology is employed where reported Islamic banking cases from 1983 to 2018 in Malaysia were reviewed and analysed to ascertain the application of those statutes of limitations to Islamic banking. Likewise, relevant provisions of the statutes as invoked in the cases were examined to determine possible legislative conflicts between the provisions and the rule of Islamic law in governing the right and limitation of action in Islamic banking cases under the law. The reviewed cases show the extent to which statutes of limitations were invoked in Malaysian courts in determining validity of Islamic banking matters. The limitation provisions so referred to are largely sections 6(1)(a) and 21(1) Limitations Act 1953 and section 19 Limitation Ordinance 1953, which do not conflict with Shariah viewpoint on the matter. This study will prove invaluable to financial institutions and their customers alike in promoting knowledge and creating awareness over actionable event in the course of their transactions.


2018 ◽  
Vol 13 (1) ◽  
pp. 70-88
Author(s):  
Mohd Faez Mohd Shah ◽  
Norhidayah Pauzi

In the discipline of Islamic law research, strong proofing and clear Istinbat method are key pillars in the construction of Islamic law based on the application of the science of usul al-fiqh and maqasid al-shari'ah. However, what happens at the state of Johor’s fatwa institution is the opposite. The fatwa research methods applied by the Fatwa Committee of Johor in resolving current fatwa issues is not based on the right and true discipline of Islamic law research. In fact, current inputs related to fatwa issues are not explicitly stated in the method of determining the law either in the form of reality or scientifically verified. Therefore, this paper will discuss the fatwa procedures undertaken by the Fatwa Committee of Johor based on the methods applied in resolving current issues. The research methodology adopted is library and interview methods. This study shows that fatwa management and production in the state of Johor is placed under the jurisdiction of the Mufti of Johor’s Department. The methods adopted by the Fatwa Committee of Johor covers two methods, namely: internal research methods including literature review through the application of original source and proofs based on syarak. Second: field research method that includes an external review or going to the location of study such as conducting observation, questionnaires and interviews including referrals to specialists of different fields. Maslahah and mafsdah consideration are also implemented by the Fatwa Committee in every fatwa decision based on the standard that meets the interests of maqasid al-shari'ah. Keywords: Metode, fatwa, istinbat, usul al-fiqh, maqasid al-shari’ah ABSTRAK Dalam disiplin penyelidikan hukum Islam, kekuatan pendalilan dan kaedah istinbat yang jelas merupakan tunggak utama dalam pembinaan hukum Islam berasaskan kepada aplikasi ilmu usul al-fiqh dan maqasid al-shari’ah. Namun begitu, apa yang berlaku di institusi fatwa negeri Johor adalah sebaliknya. Kaedah penyelidikan fatwa yang diaplikasi oleh Jawatankuasa Fatwa Negeri Johor dalam menyelesaikan isu fatwa semasa tidak berasaskan kepada disiplin penyelidikan hukum Islam yang tepat dan sebenar. Malahan input-input semasa yang berkaitan dengan isu fatwa juga tidak dinyatakan secara jelas dalam kaedah penentuan hukum sama ada dalam bentuk realiti yang berlaku atau pembuktian secara saintifik. Justeru, kertas kerja ini akan membincangkan prosedur fatwa Jawatankuasa Fatwa Negeri Johor berdasarkan metode-metode yang diaplikasi dalam menyelesaikan isu-isu yang bersifat semasa. Metodologi kajian yang digunakan dalam kajian ini adalah melalui metode perpustakaan dan metode lapangan. Hasil kajian menunjukkan bahawa pengurusan dan pengeluaran fatwa di negeri Johor hanya terletak di bawah bidang kuasa Jabatan Mufti Johor. Metode fatwa yang diamalkan oleh Jawatankuasa Fatwa Negeri Johor merangkumi dua metode iaitu pertama, kaedah penyelidikan dalaman yang merangkumi kajian kepustakaan menerusi pengaplikasian dari sumber asas dan dalil-dalil syarak. Kedua, kaedah penyelidikan lapangan yang meliputi kajian luaran atau turun ke lokasi kajian seperti observasi, soal selidik dan temubual dan rujukan kepada pakar dalam bidang yang berlainan. Pertimbangan maslahah dan mafsdah juga dimplementasikan oleh Jawatankuasa Fatwa dalam setiap keputusan fatwanya berasaskan standard yang menepati kepentingan maqasid al-shari’ah. Kata kunci: Metode, fatwa, istinbat, usul al-fiqh, maqasid al-shari’ah


2016 ◽  
Vol 4 (7) ◽  
pp. 191-197
Author(s):  
Nadia Yusuf ◽  
Dr. Nisreen Ismail Albanawi

This paper focuses on the exploration of particular education outcomes in the context of Saudi Arabia and how those aspects can be harmonized with the needs of the Saudi labor market demand. Different arguments related to the emergence of education and training opportunities for the workforce of Saudi Arabia are presented and critically analyzed against major findings derived from the literature. A relevant conclusion presented in the paper refers to the statement that Saudi Arabia is on the right path of expanding its talented employee base in an attempt to improve its education system by making it adequately competitive as compared to major education systems around the world. The research methodology utilized in the study is quantitative by nature implying the researcher's focus on obtaining as objective and unbiased findings from participants as possible. The data collection method used by the researcher is questionnaires as they are identified as a reliable tool to derive adequate information from participants. The research methodology paradigm implemented in the current study refers to positivism. The main conclusion presented in the paper is associated with the belief of participants that the Saudi education system is efficient and reliable enough to accommodate the education and labor market needs of the local population.


Author(s):  
María Purificación García Miguélez

El derecho de participación reconocido a los trabajadores para la organización y planificación de las actividades de prevención en las empresas entraña una estructura compleja en diferentes ámbitos. En primer lugar, respecto al dominio privado e interno, integrado por una participación directa e individualizada de los trabajadores en entidades de plantillas reducidas, o un procedimiento indirecto, colectivo o representativo, en el caso de empresas con un número suficiente de trabajadores para elegir representantes (tanto a través de una representación general -unitaria o sindical- como de una especializada -delegados de prevención y comité de seguridad y salud-). Son analizados tanto el aspecto "orgánico" (esto es, los órganos representativos precisos para un correcto ejercicio) como el "funcional" (es decir,las facultades y competencias a desempeñar), así como las diferencias para ejercer los derechos de información y de consulta, todo ello a fin determinar el órgano de representación más idóneo en cada caso. En segundo lugar, y en relación con el marco de actuación público, el derecho puede ser denominado de participación representativa e institucional, pues es llevada a cabo en diferentes órganos administrativos y fundaciones sectoriales, siendo los sindicatos más representativos responsables de su correcto ejercicio.<br /><br />The right that is recognized to workers in order to participate in the organization and planning of prevention activities in enterprises entails a complex structure related to different scopes. Firstly, related to the internal and private domain, consisting in a direct and individualized participation of workers in those entities of small size in staff, or an indirect, collective or representative procedure, in case of enterprises with a number of workers enough to elect representatives (either a general delegation -unit and trade union- or a specialized one -prevention risks delegates and committee on security and health-). The "organic" aspect (i.e. representative organs required to a proper practice) and the "functional" one (i.e. faculties and competences to be performed) are both under analysis. Differences to exercise the rights on information and consultation are also considered, all in order to determine the most suitable representative organ in each case. Secondly, related to the public framework, the right could be so-called representative and institucional participation, as it is performed in different administrative organs and sectorial foundations, the most representative trade unions as responsible for a proper exercise.


Author(s):  
Siti Umayah ◽  
Junanah Junanah

Pesantren, Islamic boarding school, as Islamic educational institutions by setting the main objectives of Islamic education is simply to generate the Santri (students) to explore religious knowledge (tafaqquh fid-din). However, since the 1970s Pesantren began to open up indicating that Islamic boarding schools with their dynamics required recognition by the community about their existence. Kiai Sahal Mahfudh, a Pesantren intellectual figure with a traditional background helped encourage the Pesantren to be able to respond to modernization and the demands of society in the right way. Kiai Sahal Mahfudh presents himself as a figure with transformative, innovative and visionary vision in transforming Pesantren education. He argued that Pesantren education cannot be separated from its two potentials: religiosity and social potential. This study aimed to determine the perspective of Pesantren education based on the perspective of Kiai Sahal Mahfudh and its relevance to the development of contemporary Pesantren. This study is a library research using the primary data in the form of Nuansa Fiqh Sosial, papers, or any works of Kiai Sahal Mahfudh. Meanwhile, the secondary data were in the form of books related to the Pesantren or AZJAF Vol.1 No. 2 (Special Issue 2021) Page 24 the thoughts of Kiai Sahal Mahfudh. The analysis technique used content analysis in which the phases of analysis started by determining the problems, formulating the frame of thoughts and preparing the methodology devices, data analysis and data interpretation.The results of this research showed that the teaching of the kitab kuning needs the abilty to understand contextually for solving contemporary social problems. The formulation of the objectives of pesantren education in preparing righteous and akram people in line with the functions of humans personally as khalifah of Allah who also carry out social functions to prosper and manage the earth.The da’wah islamiyyah or propagative potential in pesantren is not only articulated in word but also in deeds or da’wah bil hal. For kiai Sahal Mahfudh, da’wah can also in the form of community empowerment. Both have the same end goals. These are relevant and in accordance with the direction of development of contemporary pesantren which wants pesantren to no longer only carry out their traditional functions as religious educational institutions, but also as social community institutions.


2020 ◽  
Vol 7 (1) ◽  
Author(s):  
I’anatut Thoifah

Abstract. This study aims to determine the pattern of neurology-based learning methods of Al-Qur'an Al-Barqy and wafa as an effort to synchronize these methods with the principles of accelerated learning required in this advancement era. Researchers Use research methods library research or commonly referred to as literature studies by collecting primary and secondary data related to al-Barqy and death methods, then analyzing neurology using descriptive analysis. The results of this study indicate that the method of learning al-Qur'an al-barqy and wafa with its unique characteristics includes functioning of the right and left brain, besides being simple, fun and effective and making it easier for students to remember and recall old memories easily are points. It is important to acceleratinglearning neurology-based with the acrostic mnemonic method, where the language used is the daily language of students such as Ma-Ta-Sa-Ya and A-Da-Ra-Ja.


AL-HUKAMA ◽  
2019 ◽  
Vol 9 (1) ◽  
pp. 231-263
Author(s):  
Wafda Firyal

This article is a library research on the granting of rights to stepmothers in the decision of the Sidoarjo Religious Court Number: 0763/Pdt.G/2018/PA.Sda. The research data are collected using documentation techniques and are analysed using descriptive analysis techniques and using a deductive mindset that is by outlining the decision of the Sidoarjo Religious Court which is then reviewed from the perspective of maslahah mursalah. The panel of judges in determining the right of gift to stepmothers in the Sidoarjo Religious Court's decision, based on article 41 letter (a) of Law Number 1 of 1974 jo. article 105 and article 156 letter (a) Compilation of Islamic Law and the proposition in the book Bajuri juz II. In addition, a willingness from the Defendant who is the biological father of the child to give the right of gift to the Plaintiff's Reconstruction is a point that is included as consideration by the panel of judges. In Islamic law which is examined from the theory of maslahah mursalah, the judge's consideration to establish the right of hadanah to the stepmother in the Sidoarjo Religious Court's ruling is in accordance with the purpose of the hadanah namely to prioritize the interests and benefit of the child so that later he or she can grow into a good person under the care of an appropriate person, even though the child is not a biological child of the Reconvention Plaintiff, the Reconvention Plaintiff is in fact more feasible and competent to have the right of hadanah.


Author(s):  
Musyfiq Amrullah

The conclusion of this dissertation is that Living Value Education for children is based on The Quran, namely the education of the values of life in the form of religious, nationalist, integrity,  independence,  tolerance,  and mutual cooperation which are the actualization of the maqâshid al-Qur'an. namely personal benefit        common benefit  and benefit to build a community. These values must be taught to become personalities to students which are based on the child's psychological development, namely at the basic level, because in this level they have a high enough egocentricity and tend not to have the will to see many things from the perspective of others. This LVE is integrated through the intracurricular, co- curricular and extracurricular learning processes in educational institutions. The concept of LVE in the al-Qur'an for children is to make value education with the principle of not burdening  giving light burdens (and instilling responsibility with the principle of gradual/gradual. Living Value Education for children is found as life value education that starts from the time the child is in the womb to the age of puberty. This is based on the terms of the Quran related to children, namely: 1. Walad  shows the child who is born, whether there is a nasab connection or not and the term walad does not limit whether they are still small or already large; 2. Ibn (which means boy or bint is a girl. This term is taken from the root word banau (the plural form is abnâأ). The mention in Arabic, it is possible that a child is a building for their parents. Parents as figures to build it. Allah made the parents as the builders of the building to create independent offspring; 3. Tifl  a newborn child, the word thiflu means a child who still needs guidance and nurture; 4. Gulam  shows a child who is entering puberty. From these four terms, it can be concluded that children from birth to puberty need education and build them so that they are stable and independent. So the basic education degree is the right level to strengthen the basics of Living Value Education. This writing supports the opinion of al-Ghazâly and Abdullah Nâsih 'Ulwan about education starting from womb, Thomas Lickona about the necessity to instill moral values and character that can be taught in schools, even schools have the authority to train values, morals and character. This dissertation also supports the opinion of David Hume, about values that oppose the concept of Decrates' Rationality, which justifies values and morality based on reason alone. This dissertation also supports the opinion of Darwis Hude and Doni Koesoema about human potential which is not limited to intelligence, but there are several other intelligences that need to be developed in a balanced manner and evaluation of assessments is not only focused on cognitive ones.This dissertation also supports the opinions of Ibn Kathir, Muhamad Qutbh, Nasaruddin Umar, and Nur Arfiyah Febriani about gender, namely that a mother is allowed to have activities outside the home with several conditions. On the other hand, this dissertation is different from Thomas Aquinas' concept of value, which considers good and bad values not by his will but only tools of God's behavior, the concept of values and the concept of Living Value Education (LVE) Diana Tillman, Rani Anggraini Dewi, and ALIVE (Association For Living Value Education) International. They only limit Living Value Education to twelve values, namely: peace, appreciation, love, responsibility, happiness, cooperation, honesty, humility, tolerance, simplicity, freedom, and unity. This dissertation is also different from Thomas Lickona's opinion which limits moral values with respect and responsibility. This dissertation is also different from the opinion of al-Qurthuby and As-Suyuthy who refuse women to engage in public activities.The method used by the author in this study used a qualitative method, based on library research (library research) using a transcendental phenomonology approach. Meanwhile, the method of interpretation used is the thematic method (tafsir maudhu'i) both when analyzing problems and when using the verses of the Qur'an.


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