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.

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 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.”

An Historical Introduction to the Teaching of International Law in Canada

1975 ◽  
Vol 12 ◽  
pp. 67-110 ◽  
Author(s):  
R. St. J. MacDonald
Keyword(s):  
International Law ◽  
Law School ◽  
Point Of View ◽  
Early Years ◽  
Law Schools ◽  
Maritime Provinces ◽  
General Curriculum ◽  
Present Decade ◽  
The Subject ◽  
The Law

The purpose of this paper is to describe from an historical point of view the main developments in the teaching of international law in Canadian law schools from the time when the subject was first taught, in the mid-nineteenth century, to the early years of the present decade.The paper is divided into five parts, dealing respectively with the law schools of Quebec, the Maritime provinces, Ontario, the Prairie provinces, and the Pacific coast. A chronological account is given of the teaching of international law in each law school, describing first the teachers, their backgrounds, personalities, attitudes to international law and other interests, and, second, the courses taught, texts and casebooks used, and the importance placed on international law in the general curriculum, as indicated by the time devoted to it, whether it was elective or compulsory, and the year in which it was taught. For the most part, the discussion is restricted to the law schools in the various universities. Although it would be interesting to consider the parallel development of international law teaching in other disciplines, such as political science, the subject is so vast that some limit must be imposed on it.

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.

'Neque id sine magna Servii laude…', Historisierung der Rechtswissenschaft und Genese von System und Methode bei Donellus

2006 ◽  
Vol 74 (1-2) ◽  
pp. 61-93 ◽  
Author(s):  
Martin Avenarius
Keyword(s):  
Recent Literature ◽  
Roman Law ◽  
Structural Elements ◽  
Law System ◽  
Legal Rules ◽  
The Law ◽  
The 19Th Century ◽  
Civil Law System ◽  
Methodological Strategy

AbstractIn recent literature, the French humanist Hugo Donellus (1527–1591) is generally acknowledged as the creator of a civil law system. His system is generally understood as devised to present and explain Roman law. But in fact, Donellus does not organize the legal rules with the help of systematic elements from outside the law. He tries to reach back to the roots of classical Roman law, i.e. the ars iuris of Servius Sulpicius Rufus. Based on structural elements of the ars iuris that are preserved by the sources, Donellus tries to reorganize the law. He anticipates a methodological strategy that would prove to be successful in the 19th century: to understand law as the result of a long-term development. On the basis of this perspective he tries to reach back to the historical origins of law in order to make further dogmatical development possible. Thus, Donellus appears as a predecessor of the historical school of law.

scholarly journals KONTROVERSI KEDUDUKAN ‘ASHABAH DALAM HUKUM WARIS ISLAM MENURUT MADZHAB SYI’AH ITSNA ‘ASY‘ARIYYAH

Asy-Syari ah ◽  
2014 ◽  
Vol 16 (1) ◽  
Author(s):  
A. Hasyim Asy’ari
Keyword(s):  
Inheritance Law ◽  
Law System ◽  
The Law

In Islamic inheritance law system, ulama agreed on the distribution of waris as an ‘ashabah, especially among Sunni. However, it is different from the opi­nions of ulama among Syi’ah Itsna ‘Asy‘ariyyah which stated that ‘ashabah is out part from the Islamic inheritance law system. In determining the law, ulama Syi­’ah Itsna ‘Asy‘ariyyah refers to the Koran, Hadith, and the consensus of the ulama (ijma), and the thought by different ways and methodologies with Sunni. Ulama Syi’ah Itsna ‘Asy‘ariyyah has understood ‘ashabah with their own understanding. They said that ‘ashabah (the residual) is only given to a group of men from tirkah given to ‘ashabah al-furudl, they thought that the residual must be returned to all thabaqat certain groups. Therefore, ulama Syi’ah Itsna ‘Asy‘ariyyah were denying the extance of ‘ashabah In the Islamic inheritance law system. Based on the issue, this paper try to explain the under­stan­ding of  ulama Syi’ah Itsna ‘Asy‘ariyyah in determining the law, especially in field of ‘ashabah.

General theory of law in connection with the axiology of values

2021 ◽  
Author(s):  
Aleksandr Chernyavskiy
Keyword(s):  
General Theory ◽  
Point Of View ◽  
Legal Issues ◽  
Human Values ◽  
Law Schools ◽  
Wide Range ◽  
The Law ◽  
Theory Of Law

The monograph presents the author's view on the legal quality of law from the point of view of the theory of law as the norms of coordinating interests about values. The author gives an assessment of the norms of law as the norms of differentiation and coordination of relations regarding values. The article analyzes what is the driving principle of law: the convergence of state values and human values. The author believes that any attempts to assign priority to certain values without taking into account their real correlation in society are doomed to failure in advance. The attitude of a person to the law is the defining embodiment of legal values as the socio-cultural basis of law. The law regulates the procedure for the realization of interests in relation to values. For a wide range of readers interested in legal issues. It will be useful for students, postgraduates and teachers of law schools.

Development of International Legal Rules for the Repression of the Unlawful Seizure of Aircraft

1969 ◽  
Vol 7 ◽  
pp. 269-297
Author(s):  
Gerald F. FitzGerald
Keyword(s):  
Point Of View ◽  
Legal Rules ◽  
Existing Problems ◽  
The Law

The dramatic increase in the number of incidents of unlawful seizure of aircraft during 1968 and the first few months of 1969 has posed one of the most difficult problems ever faced by the international aviation community. The purpose of this note is to examine the existing state of the law governing the unlawful seizure of aircraft, discuss the efforts of air lawyers to attack the problem from the legal point of view, examine proposed legal solutions put forward in ICAO in the last half of 1968 and early 1969, and indicate the extent to which acceptable legal solutions may be found. As will be seen, although the Convention on Offences and Certain Other Acts Committed on Board Aircraft contains a number of provisions on the unlawful seizure of aircraft, it by no means provides solutions for all existing problems.

scholarly journals Non-legal rules: problems of their determination and enforcement (theoretical aspect)

2018 ◽  
Vol 2 (4) ◽  
pp. 16-24
Author(s):  
S. Biryukov ◽  
T. Biryukova
Keyword(s):  
Current System ◽  
Point Of View ◽  
Social Regulation ◽  
Sociological Research ◽  
External Observer ◽  
Legal Rules ◽  
Social Law ◽  
Legal Method ◽  
The Law ◽  
Legal Force

The subject of the paper is the approaches to the concept of “non-legal rules”.The main aim of the paper is to confirm or disprove the hypothesis that rules become non-legal when they contradict the principles of law and are totally ineffective.The description of methodology. The authors apply methodology of different legal theories: natural law, libertarian-legal, sociological, communicative, normative and integrative approaches to law, using formal logical and sociological research methods (observation method).The formal-legal method is also used with regard to characteristics of particular Russian laws.The main results and scope of their application. Legal rule may be unlawful for an external observer – in coordinates of another legal system or in comparison with law in a social sense. From the point of view of the internal observer, including the law enforcer, the following rules are non-legal: 1) regulations that were adopted, but initially or later it was officially recognized that they contradict the principles of law and the rules of higher legal force; 2) rules that could not be applied principally or that were not implemented until their cancellation.Many rules widely assessed as unfair, immoral, not consistent with the principles of law could be a part of the current system of law for a long time and could not be officially qualified as defective. Most of the very ineffective rules are still implemented selectively, some of them become quite effective in the future. Rules that are obviously not in conformity with acts of higher legal force may not be recognized as illegal officially because of various reasons. All of the non-legal rules, however, are very problematic for the law enforcement officials in several respects:– they may come into conflict with other regulatory systems of social regulation, including other social law of large (significant) groups and organizations, such situation entails difficulties in their legitimation and implementation;– they may come into conflict with other acts (rules, legal principles) within this or a related system of legal law;– they can be canceled (invalidated) in future, inter alia from the moment of their adoption.Conclusions. Rules are also potentially illegal, when they: 1) clearly contradict the principles of law and the rules of higher legal force; 2) are extremely ineffective. Such acts of lawmaking are very problematic from the point of view of their legitimation and implementation. Such acts are relatively common in Russian reality. The orientation of the practice to check their legal nature within the framework of the norm control is important for movement towards effective, fair and non-contradictory law, and not in the opposite direction.

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

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