scholarly journals قاعدة الضـرورات تبـيح الـمحـظـورات وتـطـبيقها في جـواز كـشف وجه الـمتـنـقـبة

Author(s):  
Mukran Usman ◽  
Askar Patahuddin ◽  
Andi Muhammad Ihsan Yusuf

Research presented in front of dear readers talks about the law of using and disclosing the niqab in necessity in implementing the rules of al-dharuratu tubiihul mahzhuraat. Among the objectives are identifying the laws of wearing the niqab, the dhabith of necessity, and the application of the principle of al-dharuratu tubiihul mahzhuraat. Researchers limit the application of the principle to four situations, namely: First, in the making of ID cards, passports, or other things that required photographs. Second, in the medical field and when a disaster strikes. Third, the husband and his family forced the wife to remove the veil. Fourth, what has recently emerged is the coercion of several universities or company directors on students or employees to remove their niqab. The scientific method that the researcher followed in this study to achieve the results of these problems were as follows: descriptive method, inductive method, and deductive method. The results showed: First, the preponderant one concerning wearing the niqab is that it is obligatory based on the strength of this argument, and it is closer to chastity in the time of fitnah spreading and the amount of immorality that is happening today. Second, the basic principle of a woman when she leaves her home or appears to strangers is the obligation to cover her face and the prohibition of opening it, whether she is worried about temptation in herself or against her, or even though she feels safe from temptation, but is allowed to remove it in a necessity because in a necessity, forbidden things are allowed, but it is important to know consideration of a situation so that it is called a necessity by which it can be known to what extent the implementation of the rule regarding the permissibility of showing one's face so that it is not used as an excuse for committing forbidden acts.

2021 ◽  
Vol 8 (1) ◽  
pp. 23
Author(s):  
Idwal B ◽  
Sahara Ratna Sari

The Islamic Market Mechanism According to Abu Yusuf and its Relevance to the Panorama Market in Bengkulu City, the research method used in this study is library research, the research approach, and data collection techniques used are qualitative data (qualitative research) and documentation. The analysis technique used is inductive deductive, and descriptive. Based on the specific fission and style that applies to the character, the inductive method is better understood than general conclusions are drawn. The deductive method is collecting, analyzing, and researching general data to draw specific conclusions. The descriptive method is the regular description of all conceptions of the characters regarding the topic or research discussion. From the results of this study, it was found that the market and price mechanism according to Abu Yusuf is a practice that provides general problems (al-mashlahah al'-ammah), both from the producer (seller) and the buyer, while the relevance of the Islamic Market mechanism at the Panorama Market in Bengkulu City irrelevant and can not be fully implemented as the Islamic market mechanism according to the thought of Abu Yusuf.


2018 ◽  
Vol 40 ◽  
pp. 01005
Author(s):  
R. Neilands

Latvia from 2008 till 2013 experienced serious financial crisis. The results of the crisis were significant financial loss in banking area, plenty of foreclosures, plenty of corporate and private bankruptcy processes. One of issues Latvia faced in the foreclosure proceedings was the reaction of debtors – some of them used all possible means (including illegal) to obstruct foreclosure. One of such means is a conclusion of fictitious employmentcontracts on the mortgaged real estate maintenance and later obtaining a court judgment on a wage recovery. The aim of the paper is to research how fictitious employmentcontracts are used and to propose a solution for the fictitious labour agreements issue. Methods of qualitative research were employed in the paper – comparative method, analytic method, inductive method, and deductive method.


2017 ◽  
Vol 12 (2) ◽  
Author(s):  
Seruni J. Prang ◽  
Sifrid S. Pangemanan ◽  
Harijanto Sabijono

Income tax article 21 is a tax on income which becomes the obligation of taxpayer to pay for it. Income in the form of salary, honorarium, allowances and other payments with any name in connection with the work, services or activities undertaken by the taxpayer of a domestic individual. The law used to regulate the amount of tax rates, the procedure of payment and tax reporting is the law No. 36 of 2008. The purpose of this study is to find out how to analyze the calculation of income tax article 21 fixed employment and accounting application of PT. Bank SulutGo (Persero) Tbk. Cabang Utama. The method of analysis used in this research is descriptive method that is discussing the problem by collecting, deciphering, calculating, comparing and explaining a situasion so that it can be drawn conclusion covering the calculation of pph article 21 and accounting for permanent employees at PT. Bank SulutGo (Persero). Based on the results of the study found that the calculation of income tax article 21 at PT. Bank SulutGo (Persero), is in compliances with the new taxation legislation, namely law no. 36 of 2008 on income tax and the regulation of the director general of tax number PER-16/PJ/2016.Keywords:  accounting, income tax article 21


2020 ◽  
Vol 1 (3) ◽  
pp. 311-329
Author(s):  
Saifullah bin Anshor ◽  
Rachmat Bin Badani Tempo ◽  
Asri

This study aimed at elaborating and identifying the law and the virtues of funeral prayer, the definition of absentee funeral prayer, the propositions of the inquiry of absentee funeral prayer, scholars’ opinions on the law of absentee funeral prayer, the ruling of absentee funeral prayer, time and distance limit in absentee funeral prayer, and the law of absentee funeral prayer on the victims of natural disasters. This study employed qualitative-descriptive method with normative approach techniques and library research. The result of the study shows that: (1) The law of absentee funeral prayer is permissible on the corpse that is not yet prayed on; (2) The ruling of absentee funeral prayer is the same as the ruling of funeral prayer; (3) There is no time limit for performing absentee funeral prayer on condition that the person dies at the time person who wants to perform prayer has been able to perform prayer; (4) The distance limit of absentee funeral prayer is the distance in which it is difficult to be visited by people who want to perform prayer; (5) The natural disaster victim, if his or her body is not found and is not yet prayed on, then he/she can be prayed on in absentia.


2021 ◽  
Vol 2 (2) ◽  
pp. 92-106
Author(s):  
Khil Prasad Baral

पूर्वीय साहित्यशास्त्रमा आचार्य कुन्तकद्वारा प्रतिपादित वक्रोक्तिसिद्धान्त मूलतः एउटा समन्वयशील सिद्धान्त हो । पूर्ववर्ती आचार्यहरूका मान्यतासमेतलाई समाहित गर्ने गरी प्रस्तुत गर्न खोजिएको यस सिद्धान्तमा कुन्तकले वक्रोक्तिका विभिन्न छ भेद तथा तिनका उपभेदहरूको चर्चा गरेका छन् । यस लेखमा उनले प्रस्तुत गरेका वक्रोक्तिका छ भेदहरूमध्ये वर्णविन्यासवक्रताका आधारमा केही समकालीन नेपाली गद्यकविताहरूको अध्ययन विश्लेषण गरिएको छ । यसका लागि सर्वप्रथम वक्रोक्तिसिद्धान्त र वर्णविन्यासवक्रताका बारेमा सङ्क्षिप्त सैद्धान्तिक चर्चा गरिएको छ । त्यस्तै समकालीन नेपाली गद्यकवितामा वर्णविन्यासवक्रताको प्रगोग कसरी भएको छ भन्ने सन्दर्भलाई स्पष्ट पार्न विभिन्न समकालीन कविका कवितांशलाई उहाहरणका रूपमा प्रस्तुत गरी तिनमा पाइने वर्णविन्यासवक्रताको अध्ययन विश्लेषण गरिएको छ । विक्रम संवत् सत्तरीको दशकयता प्रकाशित कविताहरूमा केन्द्रित यस अध्ययनमा वर्णविन्यासवक्रताका छवटै भेदहरूका आधारमा कविताहरूको विश्लेषण गरिएको छ । प्राथमिक र द्वितीयक दुवै स्रोतका सामग्रीको प्रयोग गरी वर्णनात्मक पद्धतिअनुसार विवेच्य सामग्रीहरूको विश्लेषण गरिएको छ । मूलतः निगमनात्मक पद्धतिमा आधारित यस अध्ययनबाट समकालीन नेपाली गद्यकवितामा पूर्वीय काव्यशास्त्रमा वर्णित वर्णविन्यासवक्रताको सफल र सार्थक प्रयोग पाइने निष्कर्ष निकालिएको छ ।[In Eastern literature, the theory of curvature formulated by Acharya Kuntak is basically a coordinating theory. In this theory, which seeks to incorporate the beliefs of the earlier Acharyas, Kuntak discusses the six distinctions of satire and its variants. In this article, the study analysis of some contemporary Nepali prose poems has been analyzed on the basis of chromaticism out of the six distinctions of irony presented by him. For this, first of all, a brief theoretical discussion has been given about the theory of curvature and chronology. Similarly, in order to clarify the context of how the use of colloquialism has been used in contemporary Nepali prose poetry, various contemporary poetic poems have been presented as examples and the study of colloquialism found in them has been analyzed. This study focuses on the poems published in the seventies of Bikram Samvat and analyzes the poems on the basis of all the six distinctions of chromaticism. The material of both primary and secondary sources has been analyzed according to the descriptive method. Basically, this study based on the deductive method has concluded that the successful and meaningful use of the chromatic descriptions described in Eastern poetry in contemporary Nepali prose poetry has been found.]


2020 ◽  
Vol 21 (1) ◽  
pp. 130
Author(s):  
Darul Siswanto

<p><em>Hadith</em><em>s</em><em> or Prophetic traditions as primary sources after Quran in Islamic teachings are important to examine and criticize in terms of authenticity and contents. This research </em><em>aims at</em><em> discover</em><em>ing</em><em> the paradigm of matn hadith criticism used by hadith scholars by looking at the</em><em>ir</em><em> methodology. It is also an attempt to answer some Orientalist opinions about classical hadith scholars who only </em><em>focus</em><em> on the criticism of sanad and ignore the </em><em>matn </em><em>criticism. Through the inductive method</em><em>,</em><em> it can be said that the paradigm believed by hadith scholars in </em><em>matn </em><em>critique is the law of contradiction where it is impossible for two authentic hadith</em><em>s</em><em> to </em><em>oppose</em><em> each other as well as it is impossible for </em><em>sahih and daif </em><em>hadiths to be </em><em>different</em><em> </em><em>(</em><em>ikhtil</em><em>â</em><em>f</em><em>)</em><em>. Then this research also tries to discover the form of transformation of the matn hadith criticism in the modern era and that Islamic values </em><em>are still very relevant in all places a</em><em>nd times. This research</em><em> also</em><em> shows that there are two forms of transformation</em><em>, n</em><em>amely internal and external transformation, both of which are driven and influenced by the development and progress of the modern era.</em><em></em></p>


2014 ◽  
Vol 17 (2) ◽  
pp. 455
Author(s):  
Robson Ivan Stival ◽  
Belmiro Valverde Jobim Castor ◽  
Valdir Fernandes Fernandes

Este artigo situa-se no campo interdisciplinar e trata do instituto jurídico da responsabilidade solidária a partir das perspectivas do Direito Ambiental e das Políticas Públicas. Tem por objetivo destacar a importância da solidariedade, pelo viés jurídico, para as Políticas Públicas ambientais.A pesquisa é teórica, descritiva e exploratória, com análise de dados bibliográficos pelo método dedutivo. São estabelecidas relações entre as Políticas Públicas, os novos paradigmas apartir da questão ambiental e a responsabilidade solidária.Palavras-chave: Direito Ambiental; Políticas Públicas; Responsabilidade solidária.JOINT LIABILITY: an important tool for environmental public policiesAbstract: This article lies in interdisciplinary field and deals with the law institute of the liability from the perspectives of environmental law and public policies. Aims to highlight the importance of solidarity, by legal bias, for public environmental policies. The research is exploratory and descriptive, theoretical, with bibliographic data analysis by the deductive method. Relationships are established between public policies, new paradigms from the environmental issue and the joint and several liability.Keywords: Environmental Law, Public policies, Joint liability.


2021 ◽  
Vol 0 (13) ◽  
pp. 31-37
Author(s):  
Ekaterina Kot ◽  
Tat'yana Zyryanova ◽  
Sergey Zyryanov

Abstract. Within the framework of a set of measures for the implementation of the national project on small and medium-sized enterprises and support for individual entrepreneurial initiative in accordance with the Decree of the President of the Russian Federation on national goals and strategic development tasks, the importance of involving citizens in independent production activities is reflected. In this regard, Federal Law No. 422-FL of 27 November 2018 (hereinafter referred to as the Law) initiated a tax experiment to establish a new special tax regime “Tax on Professional Income” (hereinafter referred to as the TPI). The purpose of the study is to determine the economic impact of the new tool on the involvement in economic turnover of such a form of self-employment in rural areas as personal subsidiary farms of citizens. Tasks: 1) using the deductive method of theoretical research to analyze the effect of the experiment on the application of the new special tax regime on the territory of Russia; 2) to consider in practical situations the options for applying the TPI for self-employed citizens; 3) systematize data on the calculation of naps in the form of a model that has theoretical and practical significance for the involvement of private subsidiary farms (hereinafter referred to as PSF) in an organized market. Research methods: deduction, axiomatic, analysis, synthesis, comparison, experiment, measurement. The scientific novelty and results is that according to the Law, a new target group is allocated – self-employed citizens who indicate services in different fields of activity. In agriculture, it is also necessary to direct the activities of PSF that sell their own products to an organized market. Results. In order to help improve financial literacy with the support of self-employed entrepreneurs, a comparative analysis of deductions for the calculation of professional income tax was conducted. Algorithms for calculating naps have been developed, which are the basis for considering practical situations. A model has been compiled that systematizes the procedure for applying the TPI for self-employed citizens.


“Music is a world within itself a language we all understand “– Steve Wonder. According to these words if this language called “Music” can be used in the teaching of a foreign language it justifies the words of Plato “Music is a more potent instrument than any other form of education because rhythm and harmony find their way into the inward places of the soul”. This article aims To highlight the advantages of “Vocalese” in the teaching of French as a foreign langue (FLE) – Francais Langue Etrangere and to structure a formative and fun FLE course through the exploitation of a song aiming at functional, linguistic and socio cultural objectives. Why use songs? Why music? Music is a therapy. It is a communication far more powerful than words, far more immediate and far more efficient” – Yehudi Menuhin. Having understood well the advantages of using songs in the teaching of FLE, let us now analyze the concept the “Vocalese”. What is Vocalese? Vocalese is a style or musical genre of jazz singing wherein words are sung note for note to melodies that were originally created by a soloist's improvisation. Why use Vocalese? Man can learn nothing except by going from the known to the unknown – Claude Bernard (French physiologist).In “Vocalese” one is familiar with the tune. When this (known) tune is combined with new lyrics (the unknown) learning is facilitated. Advantages of “Vocalese” in the concept of teaching - Vocalese uses the deductive method of teaching in lieu to the inductive method of teaching. Music is to soul what words are to mind and if these words can be altered it is nothing more than the alteration of the mind – the very first step needed in the teaching of any language. Thus the duty of every teacher is not to teach but to facilitate teaching in accordance to the words of Robert Frost “There are two kinds of teachers: the kind that fills you with so much quail shot that you can’t move and the kind that just gives you a little prod behind and you jump to the skies”. I conclude with the words of Albert Einstein “It is the supreme art of the teacher to awaken joy in creative expression and knowledge” and I as a teacher would like to awaken this joy via music and would prefer to be called an “Educational Rock Star”


2020 ◽  
Vol 6 (1) ◽  
pp. 247-273
Author(s):  
Eduardo de Carvalho Rêgo

This paper searches for one possible way of understanding the Law based on the novels "O crime do padre Amaro" and "O primo Basílio", by Portuguese writer Eça de Queiroz. In both novels, the deaths of the female characters (Amélia and Luísa) are consequences of their lovers’ conducts (Amaro’s and Basílio’s), with no legal punishments for any of them. After reading these novels, there might be a feeling of injustice to the women, even if the male characters had not formally done any criminal actions. Precisely, this lack of action of the Law creates a paradox: even though the search for Justice is its main objective, by attempting to accomplish that purpose, sometimes severe injustice is brought by it, such as what happens to Amélia and Luísa. This research used the inductive scientific method, so the analysis of specific phenomena serves to generate generic conclusions. In this case, the main conclusion is the paradoxical trait of the Law, which is the main instrument for Justice, but is, at the same time, strongly capable of generating injustice because of its correct application.


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