Arbitration (Taḥkīm) in Islamic and Pakistani Law

2021 ◽  
Vol 60 (1) ◽  
pp. 73-94
Author(s):  
Qazi Attaullah ◽  
Lutfullah Saqib

This article studies arbitration (taḥkīm) in the Islamic justice system, discussing its various facets such as meaning, history, legal status, components, procedure, effects, powers of the ḥakam, value of the arbitral award, and the subject matter of taḥkīm. The study also examines the application of taḥkīm to family disputes in order to explore how this subject has been dealt with by jurists (fuqahā’). This is then complemented with a review of Pakistani law on arbitration. The article also proposes some amendments to the Pakistani law on arbitration. Content analysis of qualitative research has been utilized for the investigation of the issues. An appendix at the end of the article shows the similarities and differences between Islamic and Pakistani law with reference to arbitration.

2015 ◽  
Vol 1 (1) ◽  
pp. 131-156
Author(s):  
Nurul Aini

This paper aims to find out the similarities and differences contained in the KTSP and the 2013 curriculum Arabic subjects Madrasah Aliyah from the aspect of goals, materials, and methods. As well as knowing the advantages and disadvantages of both curriculum. Types of research this is library research with a qualitative approach. Analysis of the data uses content analysis. Based on analysis concluded that in the KTSP and the 2013 Arabic Curriculum for Madrasah Aliyah, it has many similarities in aspects of purpose, material or method. It's just that the 2013 curriculum tries to complement its deficiencies in KTSP as in the subject matter, the 2013 curriculum is more detailed in describing the scope of the material in the form of KI and KD, besides that the 2013 curriculum does not only emphasize cognitive aspects only, but cognitive, psychomotor and affective aspects balanced and integrated into all subjects. Addition to that, if in the KTSP the learning approach used varies, then the 2013 curriculum uses a scientific approach.


2019 ◽  
Vol 16 (2) ◽  
pp. 157
Author(s):  
Dewi Primasari

<p>ABSTRAK<br />Artikel ini merupakan hasil dari penelitian yang memfokuskan pada pokok permasalahan bagaimana proses revitalisasi tari Pakarena Laiyolo oleh Sanggar Selayar Art. Tujuan penelitian ini untuk memahami dan menjelaskan setiap tahap proses revitalisasi yang dilakukan oleh sanggar Selayar Art untuk menghidupkan kembali tari Pakarena Laiyolo. Metode penelitian yang digunakan adalah metode penelitian kualitatif, dengan pendekatan interaksi analisis. Hasil penelitian yaitu memaparkan hasil kajian berupa proses yang dilakukan oleh Sanggar Selayar Art dalam upaya melestarikan tari Pakarena Laiyolo.</p><p><br />Kata kunci: Sanggar Selayar Art, tari Pakarena Laiyolo.</p><p><br />ABSTRACT</p><p><br />This article is the result of a study that focuses on the subject matter of how the process of revitalization of Pakarena Laiyolo dance is by Sanggar Selayar Art. The purpose of this study was to understand and explain each stage of the revitalization process carried out by the Selayar Art studio in order to revive Pakarena Laiyolo dance. The research method used is qualitative research method with an interaction analysis approach. The results describe about results of the study in the form of a process carried out by Selayar Art Studio in an effort to preserve the Pakarena Laiyolo dance.</p><p><br />Keywords: Selayar Art Studio, Pakarena Laiyolo Dance.</p>


2021 ◽  
Vol 13 (3) ◽  
pp. 2784-2789
Author(s):  
Setiyono Setiyono ◽  
Yessica Al Fawzia

The purpose of this research was to describe and analyze the planning, implementation, and evaluation of responsible character education based on school culture. A qualitative approach is taken in this investigation. An SMP Muhammadiyah Plus Salatiga sample was used in the analysis. In order to gather accurate information about the subject matter, the authors employ qualitative research methods, such as interviews and documentation. There are two ways to implement educational character education in the classroom: first, incorporate it into the school's curricula and rules, then spread the word to the students and staff. Character education for responsibility is carried out by incorporating the character of responsibility into self-development programs, subjects, and school culture. 2. This includes classroom and school-wide activities in which character values are taught and practiced. Students' attitudes are assessed as a means of evaluating responsibility character education.


2019 ◽  
Vol 9 ◽  
pp. 15-31
Author(s):  
Joanna Wardzała

The young generation in terms of work, consumption and success  The subject matter of the young generation in the social context has been repeatedly examined and many studies have been prepared on this topic, for example the works of K. Wyka and earlier K. Manheim. Increasingly, the issue of the younger generation is discussed in the area of issues related to consumption and work. The article is of a theoretical and empirical nature; it is an attempt to portray the young generation in its two most important roles on the market — the consumer and the entrepreneur. It is an introductory element to the problems of consumer behaviors and entrepreneurial behaviors of the young generation. The publication draws attention to the expectations of the young generation about the applicable law and the economy. The first part of the article is characterized by sociological considerations and serves to determine the meaning of the young generation in consumer society, in particular, to outline the framework of youth, which in literature is sometimes defined not only by age categories. It is also an interdisciplinary review of theories, both those created in the past and those quite contemporary. In the second part, it refers to the results of qualitative research relating to the opinions and expectations of the young generation about consumption, work and success.  


2018 ◽  
Vol 27 (3) ◽  
pp. 61
Author(s):  
Adam Zienkiewicz

<p>The main aim of the article is to present the considerations concerning the issue of introducing mandatory mediation into the Polish legal system within the scope of business lawsuits as well as some other kinds of civil disputes with respect to determining their suitability for mediation and the parties’ concerns regarding the use of mediation. The choice of the subject matter and the aim of these considerations have been mainly inspired by the author’s practical experience of working as a mediator in civil disputes (including business cases) and the relevant statistics concerning mediation proceedings held within the Business Mediation Center (BMC) at the District Chamber of Legal Advisers in Olsztyn. Introducing an obligation to mediate in selected types of disputes into the Polish social-legal system following an appropriate legislative and organizational preparation should, in principle, be considered beneficial as it might lead to popularizing mediation and making the most of its potential and advantages. Furthermore, expanding the citizens’ access to the broadly understood system of justice in its in- and out-of-court formula may result in reducing a backlog of cases in courts of justice and, in consequence, strengthening the idea of diversification in the justice system.</p>


2021 ◽  
Vol 20 (3) ◽  
pp. 469-489
Author(s):  
Haris Jamil

Abstract The arbitral award in The “Enrica Lexie” Incident (Italy v. India) brings to the fore the issue of assigning a name to a case. To contextualise India’s contention regarding the name, The “Enrica Lexie” Incident, in this article, I outline the law and practice regarding assigning names to cases by different international judicial bodies (ICJ, ITLOS, WTO and PCA). Examining India’s objection to the name, I argue that the name of the case does not capture the subject matter of the dispute accurately and emanates from the mainstream view of international law. The name prioritises an Italian flagged vessel, owned by a company engaged in international commerce and navigating under the protection of the Italian navy, over a fishing vessel owned by private individuals. The name reinforces a state-centric view of international law in which the victims of the incident do not picture.


Author(s):  
Mbosowo Bassey Udok

Human existence as a whole is attached to a culture. Every human is a member of a group that acts within the framework of patterns of behavior that is unique or peculiar to the group. Each group determines the component of her culture, and culture builds an identity for the group. This chapter is poised to examine definitions of culture across cultural backgrounds to show similarities and differences in articulating the subject matter. It explicates the components of culture which include the product and technical knowledge of human beings in a given environment. The work plunges into the characteristics of culture as socially based. Here, culture is seen as a creation of society and shared among members of the same society and learned through associations with others in the group. The work concludes that though there is no universally acceptable definition of culture, the impact of culture cannot be undermined as its influence is felt across disciplines and communities.


2020 ◽  
pp. 216769682096359
Author(s):  
Valérie Cohen-Scali ◽  
Jonas Masdonati ◽  
Soazig Disquay-Perot ◽  
Marcelo Afonso Ribeiro ◽  
Guðbjörg Vilhjálmsdóttir ◽  
...  

With the recent evolution of the labor market, emerging adults with no diploma are particularly exposed to unsatisfying jobs and barriers to access decent work. The aim of the research was to identify their representations of work, based on the psychology of emerging adulthood and the psychology of working theory. Differences related to each country’s level of development and to the work situations met by the participants were expected. Ten emerging adults aged 20–25 were interviewed in seven countries ( N = 70). Data were processed using a thematic content analysis. The results stress that these emerging adults associate “decent work” with two specific qualities: the extent to which work allows survival needs to be met and the experience of positive social relationships in the workplace. This article discusses the similarities and differences in their representations of work and their role on identity development.


2019 ◽  
Vol 10 (7) ◽  
pp. 2024
Author(s):  
Liubov M. KАSIANENKO ◽  
Nataliа I. ATAMANCHUK ◽  
Olena O. BOIKO-SLOBOZHAN ◽  
Olena V. SHAKIROVA ◽  
Sergiy O. DANILOV

The relevance of the subject matter is conditioned upon the fact that nowadays, both tax law theory and the current tax legislation fail to provide a single, unified definition of the concept of ‘subject of tax relations’. Furthermore, there is no clear criteria for the division of subjects of tax relations into types, which makes it impossible to establish the exact scope of participants in tax relations, and to determine the level of their tax legal personality. The purpose of this paper is to determine the scope of participants in tax relations, to analyze and clarify the legal status of established subjects and determine the functions that they perform in tax legal relations, as well as, on the basis of the results obtained, to construct a detailed classification of subjects of tax relations. The key method of scientific research is the method of scientific modelling, because in this article, on the basis of the analysis of existing scientific positions and provisions of legislation, the authors build their own theoretical model of the subject matter, formulate a conceptual apparatus and offer their practical application. This paper examines the subjects of tax relations, examines their types, outlines the limits of their legal personality in tax relations. The analysis of national legislation and various scientific approaches provides for the classification of subjects of tax relations, the legal status and the role they play in the tax mechanism are determined. The paper develops proposals for practical content to improve the provisions of the Tax Code of Ukraine on subjects of tax relations, provides author's definitions of the concept of ‘subjects of tax relations’. The provisions, conclusions, proposals and recommendations formulated in this paper can be used in: lawmaking – to improve and adopt new regulations, to amend existing legislation, to adapt them to the best European and international models; the law enforcement – to improve tax relations with the participation of public authorities; scientific research – for further study of financial and legal issues of participation of public authorities in budget relations; educational process – when teaching the subjects ‘Financial Law’, ‘Tax Law’, ‘Administrative Law’, ‘Topical Problems of Financial Law of Ukraine’ and related training courses.  


1979 ◽  
Vol 12 (03) ◽  
pp. 338-339
Author(s):  
Ross Baker

Among the legendary thin volumes such asEthics for Used-Car DealersorLove Sonnets for Bureaucrats, one would invariably find a copy ofThe Wit and Humor of Political Science. There is an irony here and it is this: the very subject matter which is studied by political scientists—government and politics—has produced an enormous amount of humor, but those who study it rarely allow themselves the luxury of approaching the topic with levity or a sense of the absurd. How can it be that what is humorous in practice is so serious in theory? There are jokes about sports, jokes about ethnic groups, jokes about sex, and even jokes about religion but can anyone recall the last time he was elbowed in the ribs and had someone snicker to him, “Say, did you hear the latest joke about content analysis?” What would a joke about political scientists sound like? Would it go something like this? Question: How many political scientists does it take to experience love-making? The answer is three—two to ask each other how it felt and the third to determine the degree of inter-coder reliability. Pretty slim pickings on the whole until the book that is the subject of this piece of arrant puffery.


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