KAIDAH “PADA DASARNYA PERINTAH BERARTI WAJIB, KECUALI JIKA DALIL MENUNJUKKAN HAL LAIN” DAN PENERAPANNYA PADA BAB MUAMALAH

Al-MAJAALIS ◽  
2020 ◽  
Vol 7 (2) ◽  
pp. 69-102
Author(s):  
Anas Burhanuddin
Keyword(s):  
Research Method ◽  
Third Parties ◽  
The Other ◽  
Third Party ◽  
Data Sources ◽  
The Third ◽  
Implementation Approach ◽  
Data Collection And Analysis ◽  
Rich Liquid ◽  
Points Of View

Muamalat (transactions or dealings) is a quarter of the fiqh chapter besides worship, munakahah (marriage) and jinayah chapters. Another perspective, muamalah is half fiqh; because munakahah and jinayah can be put under muamalah. Showing the urgency of the muamalah chapter is being half of the religion. On the other hand, the rules “Basically, the Command Means Obligatory, Unless The Postulate Shows Other Things” is one of the most important rules in ushl al-fiqh. This study examines this rule and its application in the Muamalah chapter. The research method used is a qualitative with a theory implementation approach. The data sources are the books of ushlal-fiqh, fiqh, interpretation, hadith and Arabic. Data collection and analysis are done deductively. The most important results of this study are as follows: (1) The strongest opinion is that the command basically shows the obligation, unless the postulate transfers it to another meaning. (2) The ushuliyyah rules have enough examples of application in the muamalah chapter, such as: a. Basically the order means mandatory while there is no postulate that diverts it to other meanings, for example the order to return the slave brothers who are sold separately, the order to determine the size of the salam commodity, the order to return goods borrowed and deposited, and the order to sell similar ribawi commodities in tamatsul (such as in the dose or the scales) and taqabud (cash). b. The orders change meaning to sunnah or other meanings if there is a postulate that diverts them to these other meanings. For example, orders to bring witnesses in a sale and purchase transaction, waqf orders, and orders to record debts and credit. (3) Sometimes there are different points of view in understanding the meaning of the command, and whether there is a postulate that diverts it from the meaning of mandatory. For example, the order to take and announce the finding (luqathah) and the order to accept the transfer of receivables to third parties, if the third party is rich (liquid).

Taking Sides in Wars of Attrition

2017 ◽  
Vol 111 (2) ◽  
pp. 219-236 ◽  
Author(s):  
ROBERT POWELL
Keyword(s):  
Asymmetric Information ◽  
Continuous Time ◽  
Formal Analysis ◽  
Third Parties ◽  
The Other ◽  
Third Party ◽  
War Of Attrition ◽  
The Third ◽  
Boomerang Effect ◽  
Formal Framework

Third parties often have a stake in the outcome of a conflict and can affect that outcome by taking sides. This article studies the factors that affect a third party's decision to take sides in a civil or interstate war by adding a third actor to a standard continuous-time war of attrition with two-sided asymmetric information. The third actor has preferences over which of the other two actors wins and for being on the winning side conditional on having taken sides. The third party also gets a flow payoff during the fighting which can be positive when fighting is profitable or negative when fighting is costly. The article makes four main contributions: First, it provides a formal framework for analyzing the effects of endogenous intervention on the duration and outcome of the conflict. Second, it identifies a “boomerang” effect that tends to make alignment decisions unpredictable and coalitions dynamically unstable. Third, it yields several clear comparative-static results. Finally, the formal analysis has implications for empirical efforts to estimate the effects of intervention, showing that there may be significant selection and identification issues.

20. Personal Liability of Third Parties

2018 ◽  
Author(s):  
Graham Virgo
Keyword(s):  
Third Parties ◽  
Fiduciary Duty ◽  
The Other ◽  
Third Party ◽  
The Third ◽  
The Third Party ◽  
Personal Liability

This chapter examines the personal liability of third parties when there is a breach of trust or breach of fiduciary duty. It explains that there are two types of personal liability of third parties. One is receipt-based liability when a third party has received property in which the beneficiary or principal has an equitable proprietary interest and the other is accessorial liability when the third party has encouraged or assisted a breach of a trust or fiduciary duty. The elements of different causes of action relevant to receipt-based liability and accessorial liability are examined, notably the action for unconscionable receipt and the action of dishonest assistance. The controversial question of whether liability should be strict or fault-based is considered and, if the latter, the nature of the fault requirement.

scholarly journals PENGARUH VARIABEL EKONOMI MAKRO TERHADAP PENYALURAN PEMBIAYAAN MELALUI DANA PIHAK KETIGA SEBAGAI VARIABEL INTERVENING (Studi Kasus pada Bank Umum Syariah di Indonesia Tahun 2011–2015)

IQTISHODUNA ◽  
2017 ◽  
Vol 12 (2) ◽  
pp. 83-90
Author(s):  
Lilik Zazilatul Mufidah
Keyword(s):  
Research Method ◽  
Third Parties ◽  
Third Party ◽  
Islamic Banking ◽  
Economic Variable ◽  
Direct Influence ◽  
Analysis Method ◽  
The Third ◽  
Interest Income ◽  
Banking Development

Islamic banking development in Indonesia has been improving continuously. Islamic banking activityin fund distribution could not be separated from an influence of macro economic variable, because one of thefactors that influenced fund was macro economics outwardness of the company. The purpose of the researchwas to saw direct influence of macro variable toward fund distribution and indirect influence toward fundthrough intervening variable. Kind of the research method was quantitative, the research samples were sixgeneral Islamic Banking in Indonesia since 2011–2015 and was taken with purposive sampling. This researchused path analysis method. The result showed that interest income inflation and exchange rate did notinfluenced significantly toward third-parties fund. Whereas circulate money aggregation influenced significantlytoward third-parties fund. In the significant second test the result showed that inflation, interest income, andcirculate money aggregation influenced significantly toward fund distribution. In the third significant test, theresult showed that third-parties fund influenced significantly toward amount of fund distribution. Finally,from the results could be concluded that third-parties fund was only became intervening variable for thecirculate money aggregation, because the circulate money aggregation influenced third party fund and funddistribution.

20. Personal Liability of Third Parties

2020 ◽  
pp. 624-662
Author(s):  
Graham Virgo
Keyword(s):  
Third Parties ◽  
Fiduciary Duty ◽  
The Other ◽  
Third Party ◽  
The Third ◽  
The Third Party ◽  
Personal Liability

This chapter examines the personal liability of third parties when there is a breach of trust or breach of fiduciary duty. It explains that there are two types of personal liability of third parties. One is receipt-based liability when a third party has received property in which the beneficiary or principal has an equitable proprietary interest and the other is accessorial liability when the third party has encouraged or assisted a breach of a trust or fiduciary duty. The elements of different causes of action relevant to receipt-based liability and accessorial liability are examined, notably the action for unconscionable receipt and the action of dishonest assistance. The controversial question of whether liability should be strict or fault-based is considered and, if the latter, the nature of the fault requirement.

scholarly journals The Third Party Funds and Non Performing Financing Rate on Murabahah

2020 ◽  
Vol 36 (1) ◽  
pp. 209-218
Author(s):  
Dian Hakip Nurdiansyah ◽  
Muhammad Nasim Harahap ◽  
Nurul Hotimah
Keyword(s):  
Research Method ◽  
Third Parties ◽  
Third Party ◽  
Financial Statement ◽  
Test Hypothesis ◽  
The Third ◽  
The Third Party

The purpose of this research was to find out of Third Parties Fund, Non-Performing Financing and Murabahah in PT Bank Syariah Mandiri and to analyze and explain for both partially and simultaneously on Murabahah at PT Bank Syariah Mandiri. While the research method is descriptive quantitative with data obtained from the quarterly financial statement of PT Bank Syariah Mandiri. The results show that Third Parties Fund, Non-Performing Financing, and Murabahah continue to fluctuate. To partially test hypothesis shows that variable Third-Parties Fund significant effect on Murabahah, while variable Non-Performing Financing no significant effect on Murabahah.

'Damned if You Do, and Damned if You Don't': Nordic Involvement and Images of Third-Party Neutrality in Sri Lanka

2008 ◽  
Vol 13 (3) ◽  
pp. 341-364 ◽  
Author(s):  
Isak Svensson ◽  
Kristine Höglund
Keyword(s):  
Sri Lanka ◽  
Peace Process ◽  
Third Parties ◽  
Armed Conflicts ◽  
The Other ◽  
Third Party ◽  
Sri Lankan ◽  
The Third ◽  
And Behavior ◽  
The Relationship

AbstractThird-party actors who mediate or monitor peace often strive to uphold an image of neutrality. Yet, they commonly face accusations of partiality. The Nordic engagement in the Sri Lankan peace process is an illustration of this puzzle: despite the efforts to uphold an image of being neutral mediators and monitors, they have been seen as favoring one side or the other. This article suggests that part of the explanation for their failure to be seen as neutral lies in the fact that armed conflicts are characterized by certain asymmetries between the main antagonists – in capabilities, status and behavior. These imbalances pose particular challenges to the third party aspiring to act in a neutral manner. We suggest that third parties have two strategies available to deal with imbalances in the relationship between the contenders: 1) they can choose to disregard the asymmetrical relationship and act in an even-handed manner or 2) they can seek to counterbalance the lopsidedness. This article explores the dynamics of these strategies by analyzing the Nordic involvement in Sri Lanka's peace process that began in 2002.

Ch.5 Content, third party rights and conditions, s.2: Third party rights, Art.5.2.1

2015 ◽  
Author(s):  
Vogenauer Stefan
Keyword(s):  
Third Parties ◽  
The Other ◽  
Third Party ◽  
The Third ◽  
Third Person ◽  
The Third Party ◽  
Triangular Relationship

This commentary focuses on Article 5.2.1 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning contracts in favour of third parties. Art 5.2.1 stipulates that the parties to a contract can validly agree to benefit a third party, and that it is possible that the third party acquires a right from such an agreement. It also introduces a particular terminology for denominating the parties in the triangular relationship. There are two original parties (‘the parties’) whose agreement contains the promise of one of them (‘the promisor’) to the other (‘the promisee’) to benefit a third person (‘a third party’). This commentary discusses the ‘relativity’ or ‘privity’ of contracts, validity of contracts in favour of third parties, power of the promisor and the promisee to create third party rights, content of the beneficiary's right, rights of the promisee, and implications of invalidity of contracts for third parties.

scholarly journals Akibat Hukum Perjanjian Kawin terhadap Pihak Ketiga dalam Perspektif Putusan Mahkamah Konstitusi No. 69/PUU-XIII/2015

2021 ◽  
Vol 2 (1) ◽  
pp. 207-211
Author(s):  
Putu Trisna Witariyani ◽  
I Nyoman Sujana ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Research Method ◽  
Third Parties ◽  
Third Party ◽  
Court Decision ◽  
Constitutional Court ◽  
The Third ◽  
The Third Party ◽  
Legal Consequences ◽  
Husband And Wife

Property problems in marriage often occur. With this, the couple can make a marriage agreement for those who want to separate their marital assets. One of the marriage agreement arrangements, which is mentioned in paragraph (1), namely in Article 29 of Law Number 1 of 1974 concerning marriage states that a marriage agreement can be made before the marriage takes place and binds a third party as long as the third party is involved. However, after the issuance of the Constitutional Court Decision No. 69 / PUU-XIII / 2015 the arrangement of the agreement in marriage has changed. This study aims to determine the arrangement of the marriage agreement after the Constitutional Court Decision No. 69 / PUU-XIII / 2015 and knowing the legal consequences for third parties with the existence of a marriage agreement after the issuance of the Constitutional Court Decision No. 69 / PUU-XIII / 2015. The research method used is the Normative research method where the assessment is based on legal materials from the existing literature. The results of the analysis show that the marriage agreement arrangements have changed since the Constitutional Court Decision, where the amendment is that the marriage agreement can be made before or after marriage, applies after marriage unless the parties determine otherwise, and also the marriage agreement can be changed and revoked according to the agreement of the husband and wife. . If the agreement in marriage is registered, the agreement will be enforced for the third party. Couples who want to make a marriage agreement should follow the existing rules so that the marriage agreement is valid and does not harm third parties.

scholarly journals Investigating Sanction of the Conditions in the Settlement Contract with Regard to Registration of Deeds and Real Estate

2017 ◽  
Author(s):  
Afsaneh Narimisa ◽  
Alireza Entezari
Keyword(s):  
Real Estate ◽  
Civil Code ◽  
Third Parties ◽  
The Other ◽  
Third Party ◽  
Legal Problem ◽  
The Third ◽  
General Rules ◽  
Settlement Agreement ◽  
The Law

Considering that Articles 47 and 48 of the Registration Law have stated that registration of the document of settlement contract is obligatory and its sanction is the non-acceptability of unofficial documents in courts and departments. However, it must be said that these articles do not declare the invalidity of normal documents absolutely, but the meaning of the non-acceptability of such documents is that they cannot be referred to in relation to third parties, while such documents are valid and authentic for the parties to the contract, and because of the fact that the document is a normal contract, the parties to the contract cannot refuse to fulfill their commitment and execute the contract by the excuse that such documents must have been registered in accordance with the law. Therefore, referring to ordinary settlement agreement, the grantee cannot claim the propriety of some property against persons other than grantor, but in the case of denial of the occurrence of a transaction between the parties to the settlement, the beneficiary can refer to the ordinary document of that transaction to prove the occurrence of the transaction between themself and the other person, and such a reference is reviewable by the court. In addition to that the grantor and grantee can refer to ordinary document and any provable evidence in their controversy and dispute about the settlement subject and prove the occurrence of settlement, the grantee can bring an action against the grantor and obligate them to arrange an official settlement document by proving the settlement and by invoking to Article 220 of the Civil Code, because according to the mentioned article, transactors are not only committed to what is stated in the contract, but are also committed to all the results of the contract in accordance with customs or law. However, if a dispute occurs between the grantee and a third party about the settlement subject and an action is brought, then if the grantee presents the ordinary settlement document to prove their ownership, the court according to the Registration Law will not consider that document effective, and the grantee may even be convicted against the third party. The settlement is not correct if its provisions arecontrary to the law, order and the general rules, and if the settlement document arranged in a notary office has a substantive, procedural or legal problem then the competent legal authorities such as the High Council of Registry investigate the issue and the provisions applicable will be issued.

Formation of Contract and Third Parties in Cambodia

2018 ◽  
Author(s):  
Ly Tayseng
Keyword(s):  
Academic Writing ◽  
Case Law ◽  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
Contract Formation ◽  
The Law ◽  
The Right ◽  
Formal Requirements

This chapter gives an overview of the law on contract formation and third party beneficiaries in Cambodia. Much of the discussion is tentative since the new Cambodian Civil Code only entered into force from 21 December 2011 and there is little case law and academic writing fleshing out its provisions. The Code owes much to the Japanese Civil Code of 1898 and, like the latter, does not have a requirement of consideration and seldom imposes formal requirements but there are a few statutory exceptions from the principle of freedom from form. For a binding contract, the agreement of the parties is required and the offer must be made with the intention to create a legally binding obligation and becomes effective once it reaches the offeree. The new Code explicitly provides that the parties to the contract may agree to confer a right arising under the contract upon a third party. This right accrues directly from their agreement; it is not required that the third party declare its intention to accept the right.

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