Suchergebnisse

The study aims to assess the legal regulation and institutional framework for protecting and controlling public money in the United Arab Emirates, as well as comparing it with the provisions of Islamic sharia. The study begins with the concept of protecting public money, its importance, images, and types, and then analyzes the legal texts for the protection of public money in the UAE legislation and Islamic law. Then it identifies the challenges facing the protection and control of public money in the United Arab Emirates. The researcher relies in his study on the descriptive and analytical approach. The study reaches several results, the most important of which are: the UAE legislator protects the public money from any violation through a set of laws that forbid to dispose public money, its seize, or its acquisitive prescription. The study also reaches several recommendations, the most important of which are: the legislator has permitted to dispose public money in accordance with legal conditions and regulations. Thus, any disposal violation will be invalid. The study also recommends the necessity of continuous work on developing legislations that regulate and control the protection of public money in the UAE.

Memformalisasikan syariat Islam baik dalam ranah kehidupan bermasyarakat dan sosial, dalam bernegara dan berbangsa tidak jarang terjadi perdebatan, baik perdebatan sosial-politik maupun keagamaan. Perdebatan itu di samping menyangkut memahami ajaran agama dan hubungannya dengan negara-bangsa, juga dalam memahami sistem hukum yang ada dalam negera, lebih-lebih bahwa negera menganut sistem hukum positif yang lebih banyak dipengaruhi oleh hukum barat. Gagasan pemberlakuan hukum pidana Islam tidak serta merta dapat dijalankan dengan baik tanpa adanya legislasi dan pembentukan hukum pidana Islam materil sebagai hukum positif yang berlaku. Juga bahwa hukum pidana Islam adalah hukum publik yang membutuhkan kekuasaan negara baik dalam pembentukannya maupun dalam penegakannya. Dalam hubungannya dengan legislasi dan pembentukan hukum (qanun syariat Islam), maka hal yang sangat menarik adalah bagaimana menentukan bentuk jarimah dan uqubatnya baik yang termasuk dalam kategori hudud, qisas, dan takzir sebagai bagian dari sistem penegakan hukum syariat Islam. Takzir as a Punishment in Islamic Criminal Law The formalizing of Islamic Sharia Law both in the realm of social and community life and also in the state and national level. This issue is frequently debatable, both in socio-political as well as in religious matter. The debate is not only about understanding religious teachings and their relationship with the nation, but also about understanding the legal system applicable in the country, especially the country which apply a positive legal system that influenced by western law. The idea of enforcing Islamic Criminal Law cannot be carried out properly without the existence of legislation and the establishment of Islamic Criminal Law as a positive law that enforced. In addition, Islamic Criminal Law is a public law that requires state power both in its formation and in its enforcement. In relation to legislation and the formation of law (Qanun Sharia), the very interesting part is how to determine the form of rahmah and uqubat both are included in the hudud, qisas and takzir categories as part of the Islamic Sharia law enforcement system.

This study aims, first, to analyze the application of the principles of Maqashid Sharia as a principle of human rights protection against the Rohingya Muslim minority. Second, assess the extent of regional efforts (ASEAN) to protect the Rohingya Muslim minority is based on the principles of Maqashid Sharia. This study is normative juridical, i.e basic research study is conceived as legal norms or rules which apply, both contained Islamic Law and International Law. Further, legal materials collected in the process were analyzed based approach to the law (statute approach) and qualitative approach. The results showed, first, the principle of Maqashid sharia are the fundamental principles that are in line with international human rights principles set forth in the Universal Declaration Human Rights of 1948, the ASEAN Charter and the international conventions that have been globally accepted. Its application carries its own moral responsibility for the ASEAN region, to encourage its member countries (particularly Indonesia and Malaysia) obligations responsibility to protect (R2P) to the ethnic Rohingya. When referring to the ASEAN charter alone, especially member states Indonesia and Malaysia will be very limited in giving aid directly to the territory of the Rohingya, given in addition to avoiding any intervention factor that arises, as well as the government of Myanmar has declared the anti-Islamic rule in the territories of its constitution. This is the regional challenges, especially for Indonesia and Malaysia as member states that embrace the principles of Islamic law once the state of the organization with Myanmar. Secondly, efforts should be made Indonesia and Malaysia are fulfilling rights Rohingya people merely when they became refugees or asylum seeker in the country. The rights can be met as a complement of the principle maqashid sharia, among others: a) freedom of religion, the right to life and freedom from fear (maintenance of soul) in this case Indonesia has established the Integrated Community Shelter (ICS) as a residence of Rohingya refugees and build mosques or places worship for Muslims Rohingya named mosque Arakan, b) fulfill the safety assurance, guarantee of human dignity (maintenance of breath), c) custody of ethnic or tribal, the right to marriage to the breeding (maintenance of descent), d) the right to education (maintenance sense), e) the right to receive a decent living by being given the opportunity to earn a living (maintenance of property).

After four years of economic gloom, the Bruneian economy began showing signs of recovery, mainly thanks to improved global oil prices and the fruits of government policies introduced three years ago. In the meantime, the sultan's seriousness in combating corruption has taken center stage, with young new faces introduced in the recent cabinet reshuffle. Implementation of sharia law remains slow. On the international front, Brunei appears to be moving closer to China, which is emerging as the country's largest foreign investor.

В статье рассмотрены некоторые особенности формирования государственных и общественных институтов в монархиях Персидского залива, в частности воздействие ислама и шариата на конституционное строительство; а также сделана попытка оценить перспективы демократизации в регионе. ; In the article is devoted to some features of the state and public institutions in the monarchies of the Persian Gulf, in particular the influence of Islam and Sharia law on constitutional development, as well as it contains an attempt to assess the prospects of the democratization in the region.

On 2 November 2010, the voters of Oklahoma passed the so-called "Save Our State Amendment." This amendment to Oklahoma's constitution prohibited Oklahoma courts from "look[ing] to the legal precepts of other nations or cultures. Specifically," it asserted, "the courts shall not consider international law or Sharia Law." This legislative moment in middle America passed quickly. Commentators both inside and outside the United States responded to the amendment with bewilderment—and in 2012, a federal appeals court ruled the amendment unconstitutional. "Save Our State" died before it could have any far-reaching effect.

This article describes briefly about the political movements of Islamic civil society organizations as well as influencing the position of women in their political movements. Since Indonesia has not been independent, the emergence of community organizations (mass organizations) Islam gives the color of socio-political life, including law. It is not surprising that a number of regional heads include Islamic law in local regulations. With full support, religious figures, MUI, Islamic mass organizations and legislatures of a number of sharia laws are passed. Euforia PERDA syariah gained the right momentum since Law no. 31 of 2004 on Regional Government; and Law No. 33 of 2004 on Fiscal Balance between the Central Government and Local Government is enacted. However, there are articles in Islamic law that are gender biased. There is a negative stigmatization of women. It is as if women are triggering immorality and evil. In a legal state, stigmatization is against human rights. Where the rights of justice and equality before the law are enforced in state regulations, including sharia law.

This article describes briefly about the political movements of Islamic civil society organizations as well as influencing the position of women in their political movements. Since Indonesia has not been independent, the emergence of community organizations (mass organizations) Islam gives the color of socio-political life, including law. It is not surprising that a number of regional heads include Islamic law in local regulations. With full support, religious figures, MUI, Islamic mass organizations and legislatures of a number of sharia laws are passed. Euforia PERDA syariah gained the right momentum since Law no. 31 of 2004 on Regional Government; and Law No. 33 of 2004 on Fiscal Balance between the Central Government and Local Government is enacted. However, there are articles in Islamic law that are gender biased. There is a negative stigmatization of women. It is as if women are triggering immorality and evil. In a legal state, stigmatization is against human rights. Where the rights of justice and equality before the law are enforced in state regulations, including sharia law.

1. The historical development of Tehran -- 2. Judicial system -- 3. Sharia court -- 4. An actual dispute : case of double vaqf -- 5. Attestations and transactions in sharia courts -- 6. Vaqfs in Tehran -- 7. Vaqf and private property -- 8. Transformation of vaqfs.

The theory of the goals of sharia (Maqasid al-Shari'a) is today one of the key and most popular concepts among Muslim jurists. Almost all modern well-known Muslim reformers offer to reform the methodology of Islamic law, as well as the economic, cultural and political structures of Muslim societies, using precisely the provisions of this theory. Studies by a Muslim jurist and thinker Jasser Auda are an important milestone in the development of the theory of the aims of Islamic law. Through the use of a systematic approach and system analysis, he is trying to update the theory of Islamic law and increase the role of the theory of the goals of Sharia in Islamic law. ; Теория целей шариата (макасид аш-шари'а) является сегодня одной из ключевых и наиболее популярных концепций среди мусульманских правоведов. Почти все современные известные мусульманские реформаторы предлагают реформировать методологию исламского права, а также экономические, культурные и политические структуры мусульманских обществ, используя именно положения данной теории. Исследования мусульманского правоведа и мыслителя Джассера Ауды являются важной вехой в развитии теории о целях исламского права. Cпомощью применения системного подхода и системного анализа, он пытается обновить теорию исламского права и увеличить роль теории целей шариата в исламском законоведении.

This study aims to describe the pattern of legal relationships that occur in financing activities through qardhul hasan in the Sharia Savings and Loans Cooperative (KSPPS) located in Karanganyar Regency, based on the doctrinal (normative) approach method which prioritizes secondary data and analysis based on deductive logic. Based on the results of the research and discussion conducted, it was found that the norms used to regulate legal subjects, legal objects, rights and obligations of recipients of financing, KSPPS rights, Submission of Collateral, breach of contract, legal remedies and dispute resolution in general were in accordance with the norms -applicable norms and MUI DSN fatwas, although in some parts there are some things that are not in accordance with positive law and MUI DSN fatwas.

This article deals with governance in Islamic law, government, as well as the spiritual and moral qualities of leaders that they must adhere to in their work