scholarly journals Islamic Law from the Internal Point of View

2021 ◽  
Vol 2 (1) ◽  
Author(s):  
Haider A. Hamoudi
Keyword(s):  
Islamic Law ◽  
Legal Rule ◽  
Point Of View ◽  
Internal Point ◽  
Legal Rules ◽  
Internal View ◽  
Historical Method ◽  
Making Sense ◽  
Points Of View ◽  
The Law

Haider Hamoudi notes the different perspectives lawyers and historians employ in making sense of the law. Invoking H.L.A. Hart’s famous distinction between “internal” and “external” points of view with respect to law and legal rules, Hamoudi describes lawyers as primarily adopting the former, and historians, the latter point of view. This is not to suggest that lawyers do not take history into consideration, but rather to mean that when they do, their focus is results oriented in that they use history to understand the ultimate endpoint, the contemporaneous meaning of a legal rule or institution. Hamoudi observes two consequences emanating from lawyers’ adoption of the internal view that puts lawyers somewhat at odds with the demands of historical method and meaning. While deliberately omitting discussion on the normative desirability of either method, Hamoudi concludes by observing value in merely pointing out the differences between the internal and external viewpoints of law and history, respectively, to help expose “our own biases and assumptions.”

scholarly journals RANCANGAN QANUN HUKUM KELUARGA ACEH DALAM HIRARKI PERUNDANG-UNDANGAN INDONESIA

2019 ◽  
Vol 5 (2) ◽  
Author(s):  
Fadli ◽  
Muammar
Keyword(s):  
Constitutional Law ◽  
Islamic Law ◽  
Family Law ◽  
Daily Lives ◽  
Legal Rules ◽  
Indonesian Population ◽  
Unitary State ◽  
The Family ◽  
Aceh Province ◽  
Points Of View

This study wants to analyze the position of the Aceh qanun in the Indonesian legislative hierarchy. The discussion on the development of qanun cannot be separated from the events of the 1998 Reformation, which demanded the existence of democracy in various sectors of state life. The implementation of Islamic sharia in Aceh which is carried out by forming qanun-qanun is organized based on the Law on special autonomy, namely Law Number. 8 of 2001 concerning Special Autonomy for the Province of Aceh as the Province of Nanggroe Aceh Darussalam and Law Number. 11 of 2006 concerning Aceh Government. The author analyzes the legality of the Family Law Qanun Draft with the construction of constitutional law in terms of two points of view, namely the formality of establishing legislation and the concept of a unitary state. Based on the background that has been elaborated above, the issues to be discussed are: (1) how is the legality of the Family Law Qanun Draft in terms of the concept of a unitary state? (2) how is the legality of the Family Law Qanun Draft in terms of the formality of forming legislation? The position of Qanun in the legal system in Indonesia is different from local regulations in Indonesia which are also based on several reasons. First, legally the position of Qanun in Aceh Province clearly has a stronger legal force compared to other regional regulations in Indonesia. Secondly, sociologically, the majority of Indonesian population, especially in Aceh Province, implies that they have practiced Islam in their daily lives. Although the level of acceptance of Islamic law itself is stratified, nevertheless Islam becomes the dominant value in daily life, both in the spiritual content, language, culture, practice of behavior to the implementation of Islamic Sharia itself. Third, in terms of Islamic law, the content is loaded with the theme of justice. Islam which in its teachings also contains legal rules is a teaching system as well as a methodology for its achievement, because every nation has the same and universal ideals, in the form of justice, order, peace, harmony, holiness, and so forth. This rule is of course in accordance with the needs of humans who live on this earth.Keywords: Qanun, Family Law, Legislation. 

scholarly journals The Legal Impact of Islamic Law in the Identity and Provisions of Qatari Legal System: Conceptual Frame and Legislative Directions

2020 ◽  
Vol 58 (2) ◽  
pp. 451-482
Author(s):  
Abdullah Abdullah
Keyword(s):  
Human Behavior ◽  
Islamic Law ◽  
Legal Rule ◽  
The Other ◽  
Conceptual Approach ◽  
Distinct Component ◽  
Social Rules ◽  
Legal Rules ◽  
Conceptual Frame

This article examines the Islamic law situation in Qatari law based on a case study to the main concepts, and some special practical issues in Qatari Law. The paper focuses on a conceptual approach to Qatari law and Islamic law in the light of centrality of Islamic law. Furthermore this paper also focuses on the distinctive characteristics of the law compared to the other such as the concept of human behavior in such a way that it has an impact on the penalty in the legal rule as a distinct component. The analysis also pays an attention to a distinction between the legal rules and other social rules in the matter of giving an influence on structure of human behavior. As a matter of fact, this article also tries to give e light on the centrality of Islamic law on Qatari law, especially on the case of taking back of charity (hibah) as an example. The paper ends with conclusion that for Islamic legislation in Qatari law, Islamic Sharia is considered to be the main source and it is needed to develop a legislative and judicial orientations based on Islamic legal rules that regulate transactions in Qatari law.[Artikel ini membahas situasi hukum Islam di dalam hukum Negara Qatar berdasarkan pada studi kasus atas beberapa konsep kunci dan isu praktis dalam hukum Qatar. Tulisan ini fokus pada pendekatan konseptual hukum Qatar dan Syariah Islam berdasarkan pada sentralitas Syari’ah islam. Selain itu, artikel ini  juga membahas tentang karakter khusus undang-undang dibanding dengan yang lainnya seperti teori prilaku yang mempunyai pengaruh terhadap penerapan hukumannya. Selain itu, pembahasan tersebut juga mempertimbangkan perbedaannya dibandingkan dengan hukum sosial terkait dengan pengaruh terhadap pembentukan prilaku.  Artikel ini juga memberikan penekanan kajian atas sentralitas hukum Islam dan pengaruhnya terhadap konsep undang-undang seperti pengaturan tentang hak menarik kembali dana hibah dalam undang-undang di Qatar. Dalam kesimpulan, artikel ini menyatakan bahwa dalam undang-undang Qatar, hukum Islam menempati posisi yang sentral dan menjadi basis utama dalam pengembangan legislatif dan  orientasi yuridis yang didasarkan pada aturan legal Islam dalam pengaturan transaksi dalam undang-undang hukum di Qatar.]

The normative role of the economic legal rule and the results of its application to the investment law in the Kurdistan region

2021 ◽  
Author(s):  
Tahseen Hamah Saeed
Keyword(s):  
Law And Economics ◽  
Legal Rule ◽  
Kurdistan Region ◽  
Anglo Saxon ◽  
Legal Rules ◽  
Transnational Companies ◽  
Investment Law ◽  
The Law ◽  
Modern Era

The reciprocal treatment between law and economics has become a fact in the real world. And that the influence and influence between them reached the point of putting the independence of each under question. The central role that the economy plays in the modern era, especially after the emergence of the phenomenon of globalization and the spread of transnational companies and the dominance of the liberal and capitalist intellectual current, caused the emergence of a special type of law and legal rules called economic legal rules that have characteristics that distinguish them from other legal rules. This is due to the special nature of the economy of change. Fast and complex. And it came to the point that some scholars claimed that the economy has become in the center and that the law lacks its independence and has no function but to regulate the affairs of the economy so that the latter performs its original and important function in modern societies. Although the opinion regarding the relativity of this independence differs among the jurists of the Latin school from the Anglo-Saxon school. The jurists of the Latin school in general recognize more independence of the law, while the Anglo-Saxon jurists go to the more influence of the economy on the law than the effect of the law on the economy. Especially in developing countries in need of development and development. That is why the researcher tries to apply the result of the structural role of the economic legal base on one of the economic laws in the afflicted Kurdistan region, which needs the most what it needs is change and development in both areas of law and economy. Especially with regard to investing and working with internal capital and attracting foreign investors, in order to remove some injustice from the oppressed people at a time when the reality was finally fair and gave them the opportunity to have their legitimate authority and enjoy the opportunity to rise and move to reach the level of progress of the world in the modern era and keep pace with what its brothers have reached in humanity from other peoples.

scholarly journals Modus Operandi Tindak Pidana Phising Menurut UU ITE

2021 ◽  
Vol 4 (6) ◽  
pp. 2525
Author(s):  
Vikran Fasyadhiyaksa Putra Y
Keyword(s):  
Secondary Data ◽  
Point Of View ◽  
Legal Issues ◽  
Legal Research ◽  
Conceptual Approach ◽  
Modus Operandi ◽  
Legal Principles ◽  
Legal Rules ◽  
The Law

AbstractPhishing is an act to commit fraud by tricking the target with the intention of stealing the target's account, by spreading broadcasts which are often carried out through fake emails with fake information that directs the target to a fake page to trap the target so that the perpetrator gets access to the victim's account. Phishing still has some obscurity, especially in the modus operandi of the perpetrator. Therefore, this research aims to analyze and explain the modus operandi of the criminal act of phishing according to the ITE Law. This research is a normative legal research. Because the writing of this research in seeking the truth in order to answer legal issues raised by the author uses secondary data to find legal rules, legal principles, and legal doctrines, and tends to image law as a perspective discipline, which means that only see the law from the point of view of the norms only, which of course is prescriptive. This approach uses a statute approach, a conceptual approach and a case approach.Keywords: Phishing Crime; Cyber; Operandi Mode.AbstrakPhising adalah suatu perbuatan untuk melakukan penipuan dengan mengelabui target dengan maksud untuk mencuri akun target, dengan cara menyebarkan broadcast yang seringkali dilakukan melalui email palsu dengan muatan informasi palsu yang mengarahkan target ke halaman palsu untuk menjebak target sehingga pelaku mendapatkan akses terhadap akun korban, Secara ringkas Perbuatan phising masih memiliki beberapa kekaburan terutama pada modus operandi pelaku. Oleh karena itulah penelitian ini bertujuan untuk menganalisis dan menjelaskan terkait modus operandi Tindak pidana Phising menurut UU ITE. Penelitian ini merupakan penelitian hukum normatif. Karena penelitian ini dalam mencari kebenaran guna menjawab isu hukum yang diangkat penulis menggunakan data sekunder untuk menemukan suatu aturan-aturan hukum, prinsip-prinsip hukum, maupun doktrin-doktrin hukum, dan cenderung mencitrakan hukum sebagai disiplin prespektif, yang berarti hanya melihat hukum dari sudut pandang norma-normanya saja, yang tentunya bersifat preskriptif. Pendekatan ini menggunakan pendekatan undang-undang (statute approach), pendekatan konseptual (conceptual approach) dan pendekatan kasus (case approach). Kata Kunci: Tindak Pidana Phising; Siber; Modus Operandi.

scholarly journals Komparasi Hukuman Pidana Masyarakat Pinggiran dalam Perspektif Hukum Positif dan Hukum Islam

2019 ◽  
Vol 5 (1) ◽  
pp. 1-27
Author(s):  
Al Juraimy
Keyword(s):  
Islamic Law ◽  
The State ◽  
Point Of View ◽  
Criminal Cases ◽  
The People ◽  
Displaced Children ◽  
The Law

Abstract Islamic law strongly holds the principles of fairness in deciding a case. As the author described above that the person who stole because of compulsion or for fulfilling his life there is no punishment for him. Because the above cases are small cases that befall the people whose notables are not economically capable. Then what should be done to those fringe peoples? In the context of Islam, if they can not meet the daily needs (needs to eat or continue to live) then they will be dependent on the Baitul Maal or other languages that are responsible for themselves by following article 34 UUD 45 is poor and the displaced children are maintained by the state. This article will present a point of view on some criminal cases above from two different laws, namely Islamic law and the law in Indonesia.    

A Study of Social Welfare and Law: The Recovery of Overpayments

1993 ◽  
Vol 3 (1) ◽  
pp. 109-118
Author(s):  
Mel Cousins
Keyword(s):  
Social Welfare ◽  
Point Of View ◽  
Legal Obligation ◽  
Legal Rules ◽  
Welfare Benefits ◽  
The Law

This article argues that for many years the official practice in relation to the recovery of overpaid social welfare benefits did not coincide with the legal rules in this area, i.e. overpayments were assessed against claimants and repayment of money was sought where there was no legal obligation on the claimant to repay the benefit. The implications of this practice in two areas are discussed: first, why such a divergence between the legal rules and the official practice can arise in the area of social welfare administration, and secondly, the meaning of ‘the law’ from a sociological point of view in the light of this case study.

scholarly journals Priority right of Land Users to Conclude a New Land Rental Contract

2014 ◽  
Vol 3 (1) ◽  
pp. 19-23
Author(s):  
Jarmila Lazíková
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Point Of View ◽  
Land Rental ◽  
Land User ◽  
Points Of View ◽  
The Law

Abstract (EN) The paper deals with the problem of priority right of land users to conclude a new land rental contract from two points of view. The first one is what kind of legal protection can be used by land user if the land owner (landlord) violates his priority right guaranteed by the law. The second point of view is oriented to the ownership right of landlord as one of the human rights and its limitation in favour the land users.

scholarly journals The Quest to Quit: an Exploration of the  Cessation - Relapse Cycle of Cigarette Smoking

2021 ◽  
Author(s):  
◽  
Carolyn May Hooper
Keyword(s):  
Tobacco Control ◽  
Point Of View ◽  
Master Narrative ◽  
Negative Effects ◽  
Current Smoking ◽  
Improve Treatment ◽  
Making Sense ◽  
Quit Smoking ◽  
Quit Attempts ◽  
Points Of View

<p>The smoker's perspective is seldom sought in cessation research. Consequently, cessation approaches may be less effective because they are not based on assumptions and interpretations shared by those who smoke. Understanding how chronic relapsing smokers interpret their predicament could enhance cessation approaches, improving the chances for complete, permanent cessation. To generate such an understanding, five participants were recruited who had attempted to quit smoking several times. Aiming for depth rather than breadth, multiple interviews were conducted with each participant, who also kept an event diary, recording current smoking, nicotine withdrawal, lapsing and relapsing. Narratology, a biographical method of symbolic interactionism drawing on thematic, structural, and dialogic analysis, was used to elicit the participants' points of view from interview and diary data. The findings show that participants make sense of their chronic relapsing through a master narrative of 'willpower versus weakness'. Meanwhile, the tobacco control domain is largely driven by 'cost', and subsidised treatments are driven by the 'addiction' master narrative. This gap between ways of making sense of smoking and relapse can cause self-stigma, reducing the likelihood that quitting will be attempted and that quit attempts will succeed. Changes are proposed to mitigate the negative effects on self-efficacy brought about through the present approach to tobacco control. Ways to improve the effectiveness of existing treatments are suggested. Finally, the value of the narrative method is highlighted, with suggestions for its use in research where elucidating the insider point of view may improve treatment outcomes.</p>

scholarly journals Some peculiarities of the Law of Inheritance: The Formation of Imāmī and Ismāʿīlī Law

1970 ◽  
Vol 3 ◽  
pp. 127-137
Author(s):  
Agostino Cilardo
Keyword(s):  
Point Of View ◽  
Law Schools ◽  
Inheritance Law ◽  
Law System ◽  
Legal Rules ◽  
The Law

The question of the caliphate or imamate and similarly that of the mutʿa marriage (Imāmīs) are generally seen as the deepest differences distinguishing Shīʿī law systems from those of the remaining law schools. Inheritance law, however, reveals an additional range of Shīʿī idiosyncrasies: the division of heirs by kin into classes, certain privileges of the eldest son, and certain disadvantages of wives with respect to some goods in their husband's estates. From a historical point of view, the analysis of these cases leads to some innovative conclusions about the origin and development of Imāmi and Ismaʿīlī doctrine, the influence of political elements on the law system, the question of the authenticity of the Zaydī Majmūʿ al-fiqh, and the dominance of practical considerations over strict legal rules.

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