Provisions for Entitlement to Wages when Benefits are not Satisfied Contemporary Applications in Judicial Rulings Kuwait as a Model

2021 ◽  
Vol 4 (Special Issue) ◽  
pp. 353-371
Author(s):  
Abdullatif Badr Al-Uthman
Keyword(s):  
The State ◽  
Commercial Law ◽  
The Status ◽  
Precautionary Measures ◽  
The Government ◽  
The State Of Kuwait ◽  
Relationship Of ◽  
The Relationship

The research contains a study of the legality of reducing wages in continuous contracts through the provisions of the status of pandemics in Islamic Sharia compared to commercial law in the State of Kuwait. The study also includes discussion about the relationship of wages to benefit and obligation in contracting, and a statement of the theory of emergency conditions, and the consequent obligation to pay the full rent, as happens at the time of closing the shops as a health precaution from the government, to mitigate the spreading the epidemic, and how does the tenant obligate the effects of the contract when he is unable to fully benefit? Especially since the period of precautionary measures has reached for several months, and debts and losses have accumulated on both parties, and judicial rulings have appeared in the court to reduce the rent of the property during the period of government closure, and here the comparison will be made between the provisions of Islamic Sharia, the Commercial Law, and the final rulings on the legality of reducing the rent.

scholarly journals Provisions for Entitlement to Wages when Benefits are not Satisfied Contemporary Applications in Judicial Rulings Kuwait as a Model

2021 ◽  
Vol 4 ◽  
pp. 353-371
Author(s):  
Abdullatif Badr Al-Uthman
Keyword(s):  
The State ◽  
Commercial Law ◽  
The Status ◽  
Precautionary Measures ◽  
The Government ◽  
The State Of Kuwait ◽  
Relationship Of ◽  
The Relationship

يحتوي البحث على دراسة مشروعية إنقاص الأجرة في العقود المستمرة من خلال أحكام وضع الجوائح في الشريعة الإسلامية مقارنة بالقانون التجاري في دولة الكويت، وتتضمن الدراسة أيضاً الحديث عن علاقة الأجرة بالمنفعة والإلزام في التعاقد، وبيان نظرية الظروف الطارئة، وما يترتب على ذلك من الإلزام في دفع الأجرة كاملة، كما يحدث في وقت إغلاق المحلات التجارية كإجراء احترازي صحي من الحكومة، لتخفيف الوباء المنتشر، وكيف يلزم المستأجر بآثار العقد وهو غير قادر على الانتفاع الكامل؟ خصوصا أن فترة الإجراءات الاحترازية قد وصلت لعدة أشهر، وتراكمت الديون والخسائر على الطرفين، وقد ظهرت أحكام قضائية في المحكمة بإنقاص أجرة العقار في فترة الإغلاق الحكومي، وهنا سيتم المقارنة بين أحكام الشريعة الإسلامية، والقانون التجاري، والأحكام النهائية في مشروعية إنقاص الأجرة. Abstract The research contains a study of the legality of reducing wages in continuous contracts through the provisions of the status of pandemics in Islamic Sharia compared to commercial law in the State of Kuwait. The study also includes discussion about the relationship of wages to benefit and obligation in contracting, and a statement of the theory of emergency conditions, and the consequent obligation to pay the full rent, as happens at the time of closing the shops as a health precaution from the government, to mitigate the spreading the epidemic, and how does the tenant obligate the effects of the contract when he is unable to fully benefit? Especially since the period of precautionary measures has reached for several months, and debts and losses have accumulated on both parties, and judicial rulings have appeared in the court to reduce the rent of the property during the period of government closure, and here the comparison will be made between the provisions of Islamic Sharia, the Commercial Law, and the final rulings on the legality of reducing the rent.        

scholarly journals Source of Life or Kiss of Death: Revisiting State-Civil Society Dynamics in India during COVID-19 Pandemic

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Rajesh Tandon ◽  
Ram Aravind
Keyword(s):  
Civil Society ◽  
The State ◽  
Civil Society Organizations ◽  
Economic Welfare ◽  
Subsequent Phase ◽  
The Government ◽  
Relationship Of ◽  
The Relationship ◽  
Civic Space

Abstract As COVID-19 spread through India, Civil Society Organizations (CSO)s mobilized resources to support the efforts of the Government by playing the role of an active partner in providing social and economic welfare to the affected population. This paper aims to provide a concise overview of the response of civil society to the pandemic situation at the grassroots and policy level. Further, the authors discuss the paradox in demonstrated efficiency and commitment of civil society, which follows a crackdown on civil society organizations by the state through silencing voices of dissent and regulating the shrinking civic space. The strained relationship between the government and civil society organizations in India is also examined against the backdrop of draconian legislation and policies framed during the time of COVID-19, proscribing debate, review or consultations. In the context of the pandemic and the subsequent phase of recovery, such actions of the Government will have deleterious effects on the relationship of trust between civil society and the state. Through this paper, the authors argue for a more tolerant and co-operative approach to the functions of civil society organizations by the Government, thus effectively reducing mistrust and suspicion in the intentions of the state.

Hukum Denda dalam Keuangan Publik Islam di Indonesia

2018 ◽  
Vol 12 (2) ◽  
pp. 313-328
Author(s):  
Fathul Aminudin Aziz
Keyword(s):  
Islamic Law ◽  
The State ◽  
Mutual Benefit ◽  
State Budget ◽  
The People ◽  
The Status ◽  
The Government

Fines are sanctions or punishments that are applied in the form of the obligation to pay a sum of money imposed on the denial of a number of agreements previously agreed upon. There is debate over the status of fines in Islamic law. Some argue that fines may not be used, and some argue that they may be used. In the context of fines for delays in payment of taxes, in fiqh law it can be analogous to ta'zir bi al-tamlīk (punishment for ownership). This can be justified if the tax obligations have met the requirements. Whereas according to Islamic teachings, fines can be categorized as acts in order to obey government orders as taught in the hadith, and in order to contribute to the realization of mutual benefit in the life of the state. As for the amount of the fine, the government cannot arbitrarily determine fines that are too large to burden the people. Penalties are applied as a message of reprimand and as a means to cover the lack of the state budget.

The Concept of the Political

2018 ◽  
Author(s):  
Benjamin A. Schupmann
Keyword(s):  
Civil War ◽  
The State ◽  
The Political ◽  
Mass Movements ◽  
The Status ◽  
The Relationship

Chapter 2 reinterprets Schmitt’s concept of the political. Schmitt argued that Weimar developments, especially the rise of mass movements politically opposed to the state and constitution, demonstrated that the state did not have any sort of monopoly over the political, contradicting the arguments made by predominant Weimar state theorists, such as Jellinek and Meinecke. Not only was the political independent of the state, Schmitt argued, but it could even be turned against it. Schmitt believed that his contemporaries’ failure to recognize the nature of the political prevented them from adequately responding to the politicization of society, inadvertently risking civil war. This chapter reanalyzes Schmitt’s political from this perspective. Without ignoring enmity, it argues that Schmitt also defines the political in terms of friendship and, importantly, “status par excellence” (the status that relativizes other statuses). It also examines the relationship between the political and Schmitt’s concept of representation.

Reversal of Fortunes: Transformations in State-NGO Relations in Bangladesh

2016 ◽  
Vol 44 (4-5) ◽  
pp. 579-594 ◽  
Author(s):  
Lamia Karim
Keyword(s):  
The State ◽  
Present Condition ◽  
Nobel Peace Prize ◽  
Grameen Bank ◽  
Authoritarian Rule ◽  
Weak State ◽  
The Government ◽  
Relationship Of

In 2011, the government of Bangladesh began an investigation into the financial dealings of the Grameen Bank that won the Nobel Peace Prize in 2006. This disciplining of a world-renowned institution and its founder by the state reconfigures the altered relationship between the state and NGOs in Bangladesh. This article investigates this about-face between the state and NGOs from the 1990s, when their relationship was characterized as ‘partners in development’, to the late 2000s when the state saw the leading NGOs and their leaders as potential political adversaries. In Bangladesh, the former relationship of a weak state vis-à-vis the powerful, western-funded NGO has been recalibrated. Under the present condition of authoritarian rule, the state is willing to accept the role of the NGO as a development actor but not as a political contender. This article examines this shifting relationship between the state and NGOs.

Cultural Policies and the Islamic Republic: Cinema and Book Publication

1997 ◽  
Vol 29 (4) ◽  
pp. 509-530 ◽  
Author(s):  
Sussan Siavoshi
Keyword(s):  
The State ◽  
Regulatory Agencies ◽  
Islamic Republic ◽  
Cultural Policies ◽  
State And Society ◽  
Islamic Republic Of Iran ◽  
The Government ◽  
Iranian State ◽  
The Relationship ◽  
Book Publication

The evolution of the Islamic Republic of Iran and the dynamics of the relationship between the Iranian state and society can be explored by examining the postrevolutionary regime's policies toward intellectuals, particularly as expressed in its regulation of cinema and book publication. This relationship—at least in the period from the early 1980s to the early 1990s—was complex and nuanced. Factionalism within the regime provided an opportunity for intellectuals to engage the state in a process of negotiation and protest, cooperation and defiance, in pushing the boundaries of permitted self-expression. The degree of their success depended in part on which faction controlled the government and its regulatory agencies during particular phases in the evolution of the postrevolutionary regime.

scholarly journals HOW TO SABOTAGE A SECRET SOCIETY: THE DEMISE OF CARL FRIEDRICH BAHRDT'S GERMAN UNION IN 1789

2017 ◽  
Vol 61 (2) ◽  
pp. 379-402
Author(s):  
ANDREW MCKENZIE-MCHARG
Keyword(s):  
Secret Society ◽  
Republic Of Letters ◽  
The Public ◽  
The North ◽  
State And Society ◽  
German Republic ◽  
The Status ◽  
Relationship Of ◽  
First Time ◽  
The Relationship

AbstractIn 1789 in Leipzig, a slim pamphlet of 128 pages appeared that sent shock waves through the German republic of letters. The pamphlet, bearing the title Mehr Noten als Text (More notes than text), was an ‘exposure’ whose most sensational element was a list naming numerous members of the North German intelligentsia as initiates of a secret society. This secret society, known as the German Union, aimed to push back against anti-Enlightenment tendencies most obviously manifest in the policies promulgated under the new Prussian king Frederick William II. The German Union was the brainchild of the notorious theologian Carl Friedrich Bahrdt (1741–92). But who was responsible for the ‘exposure’? Using material culled from several archives, this article pieces together for the first time the back story to Mehr Noten als Text and in doing so uncovers a surprisingly heterogeneous network of Freemasons, publishers, and state officials. The findings prompt us to reconsider general questions about the relationship of state and society in the late Enlightenment, the interplay of the public and the arcane spheres and the status of religious heterodoxy at this time.

scholarly journals Dynamics of the relationship of emotional intelligence with the results of the state exam during the adaptation of school system to its introduction

2015 ◽  
Vol 8 (2) ◽  
pp. 139-150
Author(s):  
E.S. Dmitrieva ◽  
V.Ya. Gelman
Keyword(s):  
Emotional Intelligence ◽  
School System ◽  
The State ◽  
Russian Language ◽  
Self Report ◽  
First Year ◽  
First Year Students ◽  
Adaptation Processes ◽  
Relationship Of ◽  
The Relationship

Research is devoted to the study of the relationship of emotional intelligence of students with the results of the state exam in the adaptation of the school system for 5 years from the date of introduction. The sample consisted of 156 first-year students. Evaluation of the components of emotional intelligence was measured by self-report (EmIn questionnaire). There was a statistically significant correlation between the severity of different indicators of emotional intelligence of students passing the exam and the results of the three school subjects: Russian language, Mathematics, Social studies. It is shown that since the introduction in 2009 of compulsory exam the level of communication between the indicators of emotional intelligence and the results of the examination has changed. Adaptation processes to the introduction of the state exam lead to changes contingent of successful students: If at the time of the introduction of the exam more successful were students with higher EI, in the process of adaptation more successful became those with lower EI. It was shown that the components of EI, having the most important relationships with the results of the exam, are different for the considered subjects; the dynamics of these relationships has been revealed.

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