Observance of Maqaasid and Urf and their Impact Contracts and Actions an Applied Jurisprudence Study

2021 ◽  
Vol 4 (Special Issue) ◽  
pp. 34-74
Author(s):  
Ali Muhammad Ali Mahdi Uthman
Keyword(s):  
Comparative Method ◽  
Research Problem ◽  
Legal Provisions ◽  
Scientific Analysis ◽  
Islamic Thought ◽  
The Family ◽  
Curriculum Research ◽  
The Subject ◽  
To Come ◽  
Legal Controls

The research sheds light on the effect of observing purposes and intentions in contracts that require an offer and acceptance by both parties, such as selling, leasing, gift, marriage...etc, and behaviors that require consent from one party, such as acquittal, abolition and divorce. The research deals with many problems that sometimes occur - in good faith. And sometimes under the pressure of custom, which looks with contempt at those who violate its rules, even if they are claiming their legitimate right in light of observing the legitimate purposes, and the articles of the Egyptian Civil Code in a way that helps the muftis and judges to resolve the dispute and raise the problems with a scientific methodology in accordance with the legal provisions. Research problem: In this research, many practical problems have been monitored and the fair jurisprudential solutions have been developed for them.The son’s spending on the family on what is customary, without permission to ask for compensation or as a gift, then dispute after that in the request for compensation.The wife’s contribution with her salary to the marital home, and then asking for compensation in the event of a dispute.Signing the divorce document not for the purpose of separation, but for the purpose of obtaining the father's pension. Relinquishing the inheritance for fear of contempt from relatives Research aims: Develop jurisprudential solutions to many practical problems that are referred to the fatwa committees about the research. Emphasis on the flexibility of jurisprudence, and its ability to develop just solutions to all developments in life. In response to what was called by the Al-Azhar International Conference for Renewal of Islamic Thought, to ignite the trigger of the jurisprudential mind to come up with advanced visions that build on the origins of the previous jurists to put just solutions to many of the problems of the time, and the subject of research is one of these problems. Research Methodology: The method that I will follow in the research - God willing - is as follows: The comparative method. Scientific analysis method. Jurisprudence graduation curriculum. Research results: The research ended with many results that indicate the observance of the purposes of the taxpayers in contracts and actions according to legal controls that were detailed during the research, and the results were mentioned in general at the end of the research.

scholarly journals Observance of Maqaasid and Urf and their Impact Contracts and Actions an Applied Jurisprudence Study

2021 ◽  
Vol 4 ◽  
pp. 34-74
Author(s):  
Ali Muhammad Ali Mahdi Uthman
Keyword(s):  
Comparative Method ◽  
Research Problem ◽  
Legal Provisions ◽  
Scientific Analysis ◽  
Islamic Thought ◽  
The Family ◽  
Curriculum Research ◽  
The Subject ◽  
To Come ◽  
Legal Controls

يسلط البحث الضوء على أثر مراعاة المقاصد والنيات في العقود التي تقتضي الإيجاب والقبول من الطرفين كالبيع والإجارة والهبة والزواج إلى آخره، والتصرفات التي تقتضي وقوع الرضا من طرف واحد كالإبراء والإسقاط والطلاق، ويعالج البحث كثيرا من الإشكالات التي تقع – بحسن نية- أحيانا، وأحيانا أخرى تحت وطأة العرف الذي ينظر بعين الازدراء والاحتقار إلى من يخالف قواعده حتى ولو كان مطالبا بحقه الشرعي في ضوء مراعاة المقاصد الشرعية، ومواد القانون المدني المصري بما يساعد المفتين والقضاة على حل النزاع ورفع الإشكال بمنهجية علمية وفق الأحكام الشرعية. في هذا البحث رصد لكثير من الإشكالات العملية ووضع الحلول الفقهية العادلة لها، ومن هذه الصور: إنفاق الابن على الأسرة على ما جرت به العادة من غير تصريح بطلب المعاوضة ولا بالهبة ثم التنازع بعد ذلك في طلب العوض. مساهمة الزوجة براتبها في مسكن الزوجية، ثم طلب العوض عند النزاع. التوقيع على وثيقة الطلاق لا بقصد الفراق وإنما بغرض الحصول على معاش الوالد. التنازل عن الميراث خشية الازدراء من الأقارب. ومن أهداف البحث وضع الحلول الفقهية لكثير من الإشكالات العملية التي ترد إلى لجان الفتوى في موضوع البحث. التأكيد على مرونة الفقه، وقدرته على وضع الحلول العادلة لجميع مستجدات الحياة. استجابة لما نادى به مؤتمر الأزهر العالمي للتجديد في الفكر الإسلامي، من قدح زناد العقل الفقهي للخروج برؤى متطورة تبني على ما أصله الفقهاء السابقون لتضع الحلول العادلة لكثير من إشكالات العصر، وموضوع البحث أحد هذه الإشكالات. المنهج الذي سأتبعه في البحث- إن شاء الله- يتمثل فيما يلي: المنهج المقارن. منهج التحليل العلمي. منهج التخريج الفقهي. انتهى البحث إلى العديد من النتائج التي تدل على مراعاة مقاصد المكلفين في العقود والتصرفات وفق ضوابط شرعية تم بيانها تفصيلا في أثناء البحث، كما تم ذكر النتائج إجمالا في نهاية البحث. الكلمات المفتاحية: أثر، المقاصد، العرف، مراعاة، العقود والتصرفات.   Abstract The research sheds light on the effect of observing purposes and intentions in contracts that require an offer and acceptance by both parties, such as selling, leasing, gift, marriage...etc, and behaviors that require consent from one party, such as acquittal, abolition and divorce. The research deals with many problems that sometimes occur - in good faith. And sometimes under the pressure of custom, which looks with contempt at those who violate its rules, even if they are claiming their legitimate right in light of observing the legitimate purposes, and the articles of the Egyptian Civil Code in a way that helps the muftis and judges to resolve the dispute and raise the problems with a scientific methodology in accordance with the legal provisions. Research problem: In this research, many practical problems have been monitored and the fair jurisprudential solutions have been developed for them.The son’s spending on the family on what is customary, without permission to ask for compensation or as a gift, then dispute after that in the request for compensation.The wife’s contribution with her salary to the marital home, and then asking for compensation in the event of a dispute.Signing the divorce document not for the purpose of separation, but for the purpose of obtaining the father's pension. Relinquishing the inheritance for fear of contempt from relatives Research aims: Develop jurisprudential solutions to many practical problems that are referred to the fatwa committees about the research. Emphasis on the flexibility of jurisprudence, and its ability to develop just solutions to all developments in life. In response to what was called by the Al-Azhar International Conference for Renewal of Islamic Thought, to ignite the trigger of the jurisprudential mind to come up with advanced visions that build on the origins of the previous jurists to put just solutions to many of the problems of the time, and the subject of research is one of these problems. Research Methodology: The method that I will follow in the research - God willing - is as follows: The comparative method. Scientific analysis method. Jurisprudence graduation curriculum. Research results: The research ended with many results that indicate the observance of the purposes of the taxpayers in contracts and actions according to legal controls that were detailed during the research, and the results were mentioned in general at the end of the research. Keywords: Impact, intentions, custom, observance, contracts, actions.

دية القتل الخطأ في الحوادث المرورية في الفقه الإسلامي: دراسة مقارنة Blood Money for Unintended Manslaughter in Traffic Accidents in Islamic Jurisprudence: A Comparative Study

2015 ◽  
Vol 12 (1) ◽  
pp. 1-29
Author(s):  
عارف علي عارف القره داغي ◽  
فايزة بنت إسماعيل ◽  
ئاوات محمد آغا بابا
Keyword(s):  
Comparative Study ◽  
Mutual Fund ◽  
Traffic Accidents ◽  
Comparative Method ◽  
Inductive Approach ◽  
Legal Provisions ◽  
Islamic Jurisprudence ◽  
The Subject ◽  
Blood Money ◽  
Major Factors

الملخّصيتعلق هذا البحث بموضوع دية القتل الخطأ في الحوادث المرورية في الفقه الإسلامي في العصر الحاضر لكثرة وقوعها وحاجة الناس إلى بيان أحكامها من حيث كيفية تقديرها. وتحرير الخلاف في دية المرأة، ومسألة دية الجنين في حال تعرضه للموت في بطن أمه نتيجة الحادث المروري، أو في حالة تعرضه للإجهاض والموت، وتناول أيضًا دية شخصين إذا ماتا نتيجة اصطدام سيارتين؛ فكيف تقدَّر الدِّية؟ وعالج البحث مسألة العاقلة في الوقت الحاضر التي تساعد الطرفين (الجاني والمجني عليه وذلك بجمع الدية وإعطائها للمجني عليه). وذلك من خلال استخدام المنهج الاستقرائي والمنهج المقارن: حيث يتم من خلاله جمع النصوص المتعلقة بالموضوع، وآراء العلماء المتقدمين، والمعاصرين، والمقارنة بينهما لمعرفة نقاط الاتفاق والاختلاف، لتجلية معالم الموضوع، وتسهيل مناقشتها بصورة دقيقة، ثم بيان الرأي الراجح. وقد توصلت الدراسة إلى أنَّ دية القتل في الحوادث المرورية في العصر الحاضر تساوي بالدينار الذهبي، الذي يساوي 4.250 جرامًا من الذهب، أو بما يساويها من النقد. وأنَّ الراجح هو تساوي دية الرجل مع دية المرأة. وفي حالة عدم وجود العاقلة لابأس من إنشاء شركة تعاونية لمساعدة من وقع منه الحادث.الكلمات المفتاحية: الدِّية، حوادث المرور، دية المرأة، دية الجنين، العاقلة. Abstract         This research addresses the subject of blood money for unintended manslaughter in traffic accidents according to Islamic jurisprudence in the present era due to the frequency of their occurrence and the need for people to understand the legal provisions concerning determining the amount. In this regard, we seek to clarify the disagreements regarding the blood money for women and foetuses that die in the mother’s womb as a result of traffic accidents or abortion. We also address the issue of blood money for two people who die as a result of collision between two cars. We also examine the issue of ʿĀqilah (those who pay the blood money) who helped the two parties (the offender and the victim by collecting blood money and giving it to the victim). To clarify these issues, we use the inductive approach and comparative method wherein we collect the various texts on the subject, and the views of classical and contemporary scholars to engage in a comparison between them in order to identify the points of agreement and disagreement between views. From here, we also hope to identify the major factors pertaining to such issues in order to facilitate a precise and concrete discussion to arrive at the most correct opinion. The study found that blood money for manslaughter in traffic accidents in the present era is equal to a gold dinar, which is equal to 4.250 grams of gold, or its cash equivalent. We advocate that the correct view is that the amount of blood money paid to a man is equal to that of a woman, and that in the absence of an ʿĀqilah it is possible to form a cooperative or mutual fund to render assistance to the victim.Keywords: blood money, traffic accidents, women, foetus, ʿĀqilah.

scholarly journals PRAWNE ŚRODKI ZAPOBIEGANIA POCHOPNEMU ZAWIERANIU MAŁŻEŃSTW W ŚWIETLE BADAŃ SOCJOLOGICZNYCH

2016 ◽  
Vol 12 (3) ◽  
pp. 21
Author(s):  
Wanda Stojanowska
Keyword(s):  
Waiting Time ◽  
Medical Examination ◽  
Legal Provisions ◽  
The Family ◽  
Long Time ◽  
The Subject ◽  
The Law ◽  
The One ◽  
Theoretical Considerations ◽  
Court Practice

LEGAL MEANS OF PREVENTING INJUDICIOUS MARRIAGE IN THE LIGHT OF SOCIOLOGICAL RESEARCH Summary The results of the statutory research presented in the present study are part of a completed research project on the methods of decreasing the number of divorces. The project envisaged two main research areas: 1) the prevention of injudicious marriage, and 2) divorce. An analysis was carried out on the research results for the former area, conducted by interviewers using the structured interview method. Interviews were conducted in eight voivodeships and within three groups of respondents: 120 newlyweds, 40 heads of Polish registry offices (Urząd Stanu Cywilnego), and 40 priests conducting pre-marital courses. The subject of the research and its theoretical considerations were the legal means of preventing injudicious marriage provided for in the Family and Guardianship Code (Kodeks rodzinny i opiekuńczy), Article 4 (on the one-month mandatory waiting time for the contraction of marriage) and Article 10 (on the mandatory issue of court consent for a person between the ages of sixteen and eighteen to contract a marriage), as well as the need to introduce a compulsory pre-marital medical examination, which has been the subject of debate for a long time. The study ends with a summary presenting an evaluation of the current legal provisions and court practice, as well as proposals for changes in the law e.g. in methods of preparing couples for marriage as envisaged conducting pre-marital courses. The subject of the research and its theoretical considerations were the legal means of preventing injudicious marriage provided for in the Family and Guardianship Code (Kodeks rodzinny i opiekuńczy), Article 4 (on the one-month mandatory waiting time for the contraction of marriage) and Article 10 (on the mandatory issue of court consent for a person between the ages of sixteen and eighteen to contract a marriage), as well as the need to introduce a compulsory pre-marital medical examination, which has been the subject of debate for a long time. The study ends with a summary presenting an evaluation of the current legal provisions and court practice, as well as proposals for changes in the law e.g. in methods of preparing couples for marriage as envisaged by Canon Law.

scholarly journals PIERCING THE CORPORATE VEIL

2021 ◽  
pp. 279-291
Author(s):  
IVANA MARAŠ ◽  
DARKO GOLIĆ
Keyword(s):  
Comparative Method ◽  
Limited Liability ◽  
Legal Regulations ◽  
Legal Provisions ◽  
Important Exception ◽  
The Subject ◽  
Piercing The Corporate Veil ◽  
Important Significance ◽  
Detailed Presentation ◽  
Court Practice

The subject of the paper is the institute of piercing the corporate veil – the review of norms as well as court practice cases related to the application of this institute. The primary goal of this paper is detailed presentation of the institute of piercing the corporate veil, as an important exception from the principle of limited liability with certain forms of companies and recognition of important significance that is still not entirely used in practice. The conclusion from research is that it is necessary to provide a more precise and clearer positive legal regulations of this institute in order to unify court practice and facilitate creditors in applying and proving rights through the institute of piercing the corporate veil. With more precise regulation of legal provisions and positive examples of court practice, the creditors would be encouraged to use this instrument more frequently. Methods used in this paper include dogmatic method, normative method, comparative method as well as axiology method, explained in more detail below.

THE ISSUES OF EVIDENCE FACILITATION IN THE REGULATION OF PACKAGE TRAVEL AND HOTEL SERVICES IN THE CONTEXT OF PROTECTING TRAVELLERS AND TOURISTS

2021 ◽  
Vol 57 ◽  
pp. 5-5
Author(s):  
Małgorzata Szymszon
Keyword(s):  
Comparative Method ◽  
Comparison Method ◽  
Legal Provisions ◽  
Legal Situation ◽  
International Regulations ◽  
The Subject ◽  
Package Travel ◽  
Proper Interpretation ◽  
Method Analysis ◽  
Practical Implications

Purpose. The aim of the article is to show the significance and diversity of legal constructions concerning the facilitations of proof in provisions regulating package travel and hotel services in the context of protecting travellers and tourists. Method. Analysis regarding the regulation of package travel and hotel services including the facilitations of proof are carried out using the formal-dogmatic and legal comparison method. The comparative method has a significant meaning for the proper interpretation of provisions regulating package travel and hotel services due to the interpenetration of national and international regulations. In the process of recreating norms from legal provisions, it is therefore helpful to analyse their similarities and differences. Findings. The provisions regulating package travel and hotel services include the facilitations of proof which improve the legal situation of travellers and tourists, as well as ensuring their protection. Research and conclusions limitations. There is no comprehensive study on facilitations of proof in the regulation of package travel and hotel services in literature on the subject. Practical implications. Conclusions resulting from the article will allow to determine the proper nature of the provisions referring to the facilitations of proof in the regulation of package travel and hotel services, which will enable their proper application in practice. Originality. The issue of the facilitations of proof in the regulation of package travel and hotel services has not been comprehensively researched so far. Type of work. Problem article.

scholarly journals “I’m Very Happy in the Summer...”: S. F. Platonov’s Correspondence From Valuyki

2020 ◽  
Vol 15 (6) ◽  
pp. 114-122
Author(s):  
Mitrofanov Victor V. ◽  
Keyword(s):  
Archaeological Excavation ◽  
Russian Scientist ◽  
Summer Vacation ◽  
The Family ◽  
Postal Services ◽  
Important Direction ◽  
Informal Setting ◽  
The Subject ◽  
To Come ◽  
Vacation Period

Scientific, administrative, teaching, educational activities of the outstanding Russian scientist S. F. Platonov have found reflection in numerous publications. His daily life, his behavior in an informal setting, in the family, during the vacation period are of great interest. Summer vacation of S. F. Platonov in 1909 in the district town of Valuyki continues to arouse interest among researchers. It attracts attention, first of all, by the archaeological excavation that was carried out here. Its results were the subject of analysis by the outstanding archaeologist A. A. Spitsyn, who wrote an article, the manuscript of which has been in the archive for over a hundred years. At the same time, a lot of inaccuracies and mistakes were made in the works of the Voronezh researchers who addressed the topic. An important direction of S. F. Platonov had a correspondence in the summer. While on vacation, S. F. Platonov continued to maintain active ties with his colleagues and institutions. Therefore, the place of rest was chosen taking into account the availability of postal services. Interesting archival materials have been identified that allow us to call new names of those who wrote to Valuyki, to outline the geography of sending letters. Among them are the chairman of the Tver province scientific archival commission I. A. Ivanov (Tver), Chairman of the Novgorod Society of Antiquity Lovers M. V. Muravyov (Novgorod), employee of the Archaeographic Commission V. V. Maikov (St. Petersburg), teachers of the Women’s Pedagogical Institute V. Volkovich and Z. Capital (Geneva). Most of the letters by S. F. Platonov from Valueki have been published, but they continue to come to light. One unfinished letter is published in the article. The letter allows us to concretize some little-known facts about the stay of the Platonov’s family in the district town of the Voronezh province. Keywords: S. F. Platonov, Valuyki, historiography, archival materials, archaeological excavation, correspondence

scholarly journals Pastoral Support for Married Couples and Families during the Pilgrimages of John Paul II to Poland

Religions ◽  
2021 ◽  
Vol 13 (1) ◽  
pp. 37
Author(s):  
Urszula Dudziak
Keyword(s):  
Married Couples ◽  
Marriage And Family ◽  
Popular Piety ◽  
John Paul Ii ◽  
The Family ◽  
The Subject ◽  
To Come ◽  
Pastoral Support ◽  
Common Prayer ◽  
Selection Of

Pilgrimages are one of the forms of popular piety carried out for centuries and in various ways. A special type of pilgrimage are papal pilgrimages to individual countries, which is the implementation of Christ’s mission: ‘Go and make disciples of all nations (…). and teaching them to obey everything that I have commanded you’ (Pismo Święte Starego i Nowego Testamentu w przekładzie z języków oryginalnych. 1980. Mt 28: 19–20). Pilgrimages give the Pope the opportunity to come closer with the faithful and confirm them in their faith. They also make possible common prayer on different continents and teaching, the personal perception of which can bring people a profound change and improvement of life. John Paul II was the first after 455 years non-·Italian pope to visit his country of origin, Poland, eight times. He spent 64 days in his homeland and delivered 264 speeches. He taught freedom and continued his catechesis on marriage and the family, which was a topic to which he attached great importance. The subject of marriage and family is an important matter for the whole world. Therefore, it is worth introducing the papal teaching delivered during all pilgrimages to Poland to people from other countries, especially since some of the speeches are not translated into English. The article is a selection of pro-family content contained in the speeches of John Paul II in Poland, useful in the formation of spouses and parents. It may prove useful in their marriages and families, as well as in the professional help provided to students undertaking education in family life, students in the field of familiology preparing for marriage, spouses, parents and grandparents who educate their children and grandchildren.

scholarly journals Producer in the culture of audiovisual production

2021 ◽  
pp. 80-86
Author(s):  
Sergii Lavreniuk
Keyword(s):  
Comparative Method ◽  
Theoretical Method ◽  
Scientific Basis ◽  
Scientific Analysis ◽  
Film Producer ◽  
History Of ◽  
Functional Features ◽  
The Subject ◽  
History Of Culture ◽  
Comprehensive Study

The purpose of the article is to determine the features of functioning and motivation of the film producer in the culture of audiovisual production and to outline scientific vectors that will serve as a comprehensive analysis of the phenomenon of production in the intercultural space. Methodology. In elaborating the topic, a theoretical method was used to typify the functional features of the producer's activity; analytical method and methods of scientific analysis, comparison, generalization, which were useful in the process of establishing the creative and production features of the film producer in the culture of the audiovisual field. For the sake of art history and culturological aspects of studying the problem, methods of systematization and analysis were used. The scientific novelty of the study is that the problem of functioning and motivation of the producer in the context of the culture of audiovisual production has become the subject of a special comprehensive study; the content of the concept of "audiovisual creativity" as a certain specific integrity and unity of interconnected elements is argued and clarified; the expediency of using the comparative method for the study and manifestation of the peculiarities of producer's creativity in the film production process is proved. Conclusions. Acquaintance with the materials of this study, enriches the vast knowledge of the specifics of the producer in the culture of audiovisual production and provides a scientific basis for their use in courses on the theory and history of culture, including filmmaking, production and directing.

Analisis Perbandingan Manajemen Keuangan Ojek Online Dan Ojek Reguler Studi Kasus Kecamatan Duren Sawit Jakarta Timur

Liquidity ◽  
2018 ◽  
Vol 7 (1) ◽  
pp. 41-52
Author(s):  
M. Koesmawan ◽  
Darwin Erhandy ◽  
Dede Dahlan
Keyword(s):  
Financial Management ◽  
Average Income ◽  
Savings And Loans ◽  
Financial Difficulties ◽  
The Family ◽  
Family Finances ◽  
The Subject ◽  
Almost All

In order to meet the needs of living which consists of primary as well as secondary needs, human can work in either a formal or an informal job. One of the informal jobs that is became the subject of this research was to become an ojek driver. Ojek is a ranting motorcycle.  Revenue of ojek drivers, accordingly, should be well managed following the concept of financial management. This research was conducted for the driver of the online motorcycle drivers as well as the regular motorcycle drivers they are called “The Ojek”. Ojek’s location is in Kecamatan (subdistrict) Duren Sawit, East Jakarta with 70 drivers of ojeks. The online ojeks earn an average of Rp 100,000 per day, can save Rp 11,000 to 21,000 per day, while, the regular ojek has an average income per day slightly lower amounted to Rp 78,500, this kind of ojeks generally have other businesses and always record the outflow of theirs money. Both the online and regular ojeks feel a tight competition in getting passengers, but their income can help the family finances and both ojeks want a cooperative especially savings and loans, especially to overcome the urgent financial difficulties. Almost all rivers, do not dare to borrow money. They are afraid of can not refund the money as scheduled.

The Arabic Origins of English and Indo-European “Definite Articles”: A Radical Linguistic Theory Approach

2016 ◽  
Vol 4 (6) ◽  
pp. 26
Author(s):  
Zaidan Ali Jassem
Keyword(s):  
Comparative Method ◽  
Linguistic Theory ◽  
General Level ◽  
Theory Approach ◽  
Tree Model ◽  
Linguistic Change ◽  
European Languages ◽  
The Family ◽  
Different Types ◽  
Definite Articles

This paper traces the Arabic origins or cognates of the “definite articles” in English and Indo-European languages from a radical linguistic (or lexical root) theory perspective. The data comprises the definite articles in English, German, French, Spanish, Portuguese, Italian, Romanian, Latin, Greek, Macedonian, Russian, Polish, Sanskrit, Hindi, Bengali, Persian, and Arabic. The results clearly indicate that five different types of such articles emerged in the data, all of which have true Arabic cognates with the same or similar forms and meanings, whose differences are due to natural and plausible causes and different routes of linguistic change, especially lexical, semantic, or morphological shift. Therefore, the results support the adequacy of the radical linguistic theory according to which, unlike the Family Tree Model or Comparative Method, Arabic, English, German, French, Latin, Greek, and Sanskrit not only belong to the same language family, renamed Eurabian or Urban family, but also are dialects of the same language, with Arabic being their origin all because only it shares the whole cognates with them all and because it has a huge phonetic, morphological, grammatical, and lexical variety. They also manifest fundamental flaws and grave drawbacks which plague English and Indo-European lexicography for ignoring Arabic as an ultimate ancestor and progenitor not only in the treatment of the topic at hand but in all others in general. On a more general level, they also show that there is a radical language from which all human languages stemmed and which has been preserved almost intact in Arabic, thus being the most conservative and productive language

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