Legal Burden Research Articles

Right to information: legal positions of the Constitutional Court of Ukraine

The article reveals the legal positions of the Constitutional Court of Ukraine regarding everyone’s right to information. Attention is focused on information that is collected by state authorities, local self-government bodies, institutions and organizations, and which is not a state or other secret protected by the Law of Ukraine «On Information» and which every person has the right to familiarize himself with. Separate attention is focused on confidential information (information with limited access). One of the types of confidential information is medical information, which, on the one hand, in special cases provided for by the Fundamentals of the Health Care Legislation of Ukraine, can be disclosed to family members or a legal representative of the patient, and on the other hand, in accordance with the decision of the European Court of Human Rights person in the case of «M.K. against Ukraine» confirmation by a doctor of a patient’s illness to a member of his family, even if he learned about it from the patient himself, is an interference by the state in a person’s right to private life, and in the case of infectious diseases, it is qualified as not carried out «in accordance with the law». Attention is focused on the fact that such situations arise more and more when military personnel undergo medical examinations and that there are prohibitive norms of a special law that forbid the disclosure of medical information regarding a certain list of diseases of a military personnel to his employer (military unit), commander, family members of the military personnel. Regarding the confidentiality of information and about a person who holds a position related to the performance of the functions of the state, local self-government bodies, and about members of his family, the legal positions of the Constitutional Court of Ukraine are established: absolutely in each specific case it is determined whether information about a person belongs to confidential; there are guarantees of protection of the rights of the above-mentioned persons, and additional legal burdens, and therefore the state is called upon to ensure a balance of public and private interest. The article also draws attention to the fact that even under martial law conditions, control (direct; indirect) by institutions of public power is prohibited both in terms of content and dissemination of information, even if the state pursues such a goal as protecting the information space from what is considered harmful by the state information that is not necessary for society. The practice of the Constitutional Court of Ukraine on this issue is established. Attention is focused on the fact that censorship cannot be used in Ukraine to protect the information field of the state even in war conditions - it is prohibited in part 3 of Art. 15 of the Constitution of Ukraine.

Selling and abandoning legal rights

Legal rights impose concomitant legal burdens. This paper considers the valuation and disposition of legal rights, and legal burdens, when courts cannot be relied upon to perfectly enforce rights. Because courts do not perfectly enforce rights, victims suffer some loss in the value of their rights depending on the degree of underenforcement. The welfare implications of trading away and abandoning rights are examined. Victims do not necessarily trade away rights when and only when such trade is socially desirable. Relatively pessimistic victims (who believe their rights are weaker than injurers do) trade away rights too cheaply. Extremely pessimistic victims abandon their rights. Implications for the enforceability of waivers, discrimination in courts, and legal ethics are discussed.

A Scoping Review of Causal Associations between Occupation and Cancer Occurrence and Legal Burden of Proof.

Occupational diseases, characterized by the gradual accumulation of work-related harmful effects over extended periods, often lack a distinct, identifiable incident causative of the disease. This ambiguity in pinpointing the work-relatedness of such diseases stems from the intricate interplay between occupational risks, workers' pathophysiological predispositions, and pre-existing health conditions, all of which evolve slowly over time. Consequently, establishing a definitive causal relationship between occupational exposure and disease manifestation becomes a pivotal, yet challenging, aspect in securing industrial accident insurance benefits. In contrast to occupational accidents, where causality is relatively more discernible, the complexity escalates in the context of occupational diseases. Typically, employers maintain the majority of data pertinent to establishing causality, but this data is frequently inadequate. Furthermore, the onus of proving the work-relatedness of a disease falls on the worker, a process that necessitates specialized medical knowledge, thereby compounding the difficulty. Imposing the burden of proof on workers in occupational disease litigation could lead to a lapse in worker protection. This paper critically explores methodologies to safeguard workers, focusing specifically on the burden of proof concerning causality in occupational diseases. This analysis aims to highlight the challenges workers face in establishing a connection between their work and disease, proposing potential legal and policy solutions to ensure more equitable and just outcomes in occupational disease claims.

Delayed intestinal obstruction from an unintentionally retained surgical gauze in a 24-year old woman two years after caesarean section: a case report

BackgroundOne of the most common surgical emergencies, intestinal obstruction is rarely the result of an inadvertently retained foreign object (also known as a gossypiboma), which may not present symptoms for a lifetime. It also carries additional legal burdens, which may account for the rarity of its reports.Case presentationWe report a 24-year-old Sudanese female with a history of emergency Caesarean section two years before the admission presented with abdominal distension and absolute constipation, which was diagnosed as intestinal obstruction with a retained gauzed found within the small intestine. Moreover, a review of recent African-reported cases was done to find relatively similar cases.ConclusionAdhering to the standard of care in surgical theaters and integrating new methods of prevention like tagged gauze could help to decrease the rate of such cases in the future.

Legal Burden of Obligation to Pay Tax on Business Results in the Zakat Concept

This research is the understanding of the people who are aware of the law in paying zakat from the business. The focus of this research is how the understanding of the law-conscious community in paying zakat from business results. Furthermore, this type of research is field research (direct research on objects or subjects in the field to obtain data). The results of this study are to examine people's understanding of paying zakat from the business. Zakat is worship in the field of property, which relates to people who give zakat ( muzakki ), recipients ( mustahik ), assets issued by zakat, and society as a whole. Islam has a concept of zakat which is a concern for the weak. Zakat is paid by a muzakki given to the mustahik. In this study, it appears that the understanding of people of Lengayang District only understands the zakat fitrah that they pay during the fasting month. For the measure of payment, they only estimate it. In the efforts that must be made so that people's understanding of the obligation of zakat can be achieved through coaching muzakki and mustahiq, of course, there is good cooperation between all parties involved, namely the community itself, the Zakat Collection Unit, village officials, religious scholars, and religious extension workers are no exception.

A Theory of Racialized Judicial Decision-Making

In this Article, I introduce a theory of racialized judicial decision-making as a framework to explain how judicial decision-making as a system contributes to creating and maintaining the racial hierarchy in the United States. Judicial decision-making, I argue, is itself a racialized systemic process in which judges transpose racially-bounded cognitive schemas as they make decisions. In the process, they assign legal burdens differentially across ethnoracial groups, to the disproportionate detriment of ethnoracial minorities. After presenting this argument, I turn to three mechanisms at play in racialized judicial decision-making: (1) whiteness as capital that increases epistemic advantages in the judicial process, (2) color-evasive approaches as effective tools to justify racially disparate outcomes, and (3) the elevation of racial discrimination into a status of exceptionalism that justifies heightened standards in proving racial anti-discrimination claims. I argue that the racialized judicial decision-making process reproducing the social racial hierarchy is institutionalized via the legitimacy courts wield. I conclude with a discussion on the agency and autonomy inherent in the judicial decision-making process, emphasizing judicial decision-making is not simply a reflection of ideology—personal or otherwise—individual biases, or cultural tides, and can as a system be leveraged to further racial equity in a democratic society.

Stressful life events as predictors of refugee adolescents’ subjective mental health need

Abstract Background Asylum seeking and refugee (ASR) adolescents fleeing armed conflict have lived through stressful events. Although not all stressful life events are experienced as post-traumatic stress, they may still lead to subjective need for mental health support. In this study, we assessed which stressful events predicted subjective need. Methods We collected and analysed cross-sectional data (February 2019-November 2020) from ASR adolescents aged 11-18, coming from Syria, Afghanistan and Iraq (n = 216). Subjective mental health need was measured with the question “Do you think you have emotional difficulties that you need help with?” and stressful life events (SLE) by the SLE Checklist, a self-report screening tool that asks if participants experienced stressful events in three categories: separation from family, witnessing armed conflict, experiencing violence. Binary logistic regression was run to assess the relative contribution of stressful life events to subjective need. Results 30.1% of participants reported subjective need for mental health support. Most commonly encountered events were witnessing armed conflict (53.2%) and experiencing the death of a loved one (51.9%). Only one stressful event significantly predicted subjective need for mental health support: separation from family or relatives against one's will (e.g., by police or military) [OR = 6.32, 95%CI(1.79,22.31)]. Conclusions ASR adolescents who have been separated from their family by force report subjective need for mental health support. It is important to supplement diagnostic tools with subjective report of needing mental health care. ASR adolescents who have experienced separation from famil by force should be given spaces to talk about their need for mental health support. Public health interventions could focus on creating or utilising such spaces where mental health support is available. Crucially, bureaucratic and legal burdens that impede speedy family reunification should be reduced. Key messages • ASR adolescents who have been separated from their families by force are more likely to report subjective need for mental health support. • The higher reported need highlights the importance of reducing bureaucratic and legal burdens that impede fast family reunification.

Soil Salinity Patterns in an Olive Grove Irrigated with Reclaimed Table Olive Processing Wastewater

The agricultural use of saline table olive processing wastewater enables the implementation of closed water cycles in this socioeconomically important industry for rural southern Spain and relieves environmental, economic, and legal burdens. To allow growers to evaluate and guarantee adequate long-term soil and plant conditions when irrigating with such regenerated wastewaters, efficient soil monitoring strategies are needed. Field-scale monitoring with electromagnetic induction sensing, after one (2013) and five years (2017) of irrigation with regenerated wastewater with average electrical conductivity (EC) near 6 dS m−1 in an olive orchard in southern Spain, showed accumulation of highly conductive material in the subsoil in relation to local topography and soil characteristics. Laboratory analysis of the soil water revealed strongly varying patterns of EC during the growing season and across the olive grove, which were attributed to dilution and concentration effects due to rainfall and evaporation, respectively. Visual inspection and leaf analyses revealed no negative effects on the olive trees. Apparent electrical conductivity (ECa), measured in between the tree rows in 2013, showed a linear relationship with surface soil EC1:5 under the drippers and allowed identification of areas with high ECa in the low elevation zones of the farm, due to the presence of shallow perched saline water tables. A second ECa measurement in 2017 showed similar spatial ECa patterns and was used to estimate the distribution of soil EC across the soil profile using inversion software, although no unique field-wide relationships with soil properties could be inferred, possibly as a consequence of spatially variable soil clay and water contents, due to the influence of the topography. Despite the implementation of a more conservative irrigation strategy since 2015, results showed that the salinity has increased since 2013 in about 15% of the study area, with the largest increments in the deepest horizons.

Journey of unidentified bodies towards DNA identification: A social, medico-legal and forensic perspective from New Delhi in India

IntroductionAccording to studies undertaken in numerous nations, alarming increase in the number of unidentified bodies is a global concern. The population worldwide is increasing, and so is the population of the developing Indian subcontinent. Interestingly, a portion of this population is made up of individuals who have flocked from different states in search of employment, etc. Such people die under unfortunate circumstances, and under a police inquest, the process of their identification begins with an autopsy surgeon and a forensic scientist playing a larger role in it. DNA profiling provides an efficient tool in identification of such unidentified bodies. In addition, the authors have attempted to put together a background narrative of the ill-fated individuals; divulging into their standing in the urban society. Materials & methodsA total of 100 case files related to unidentified bodies were selected from total cases received between 2017 and 2021 at Regional Forensic Science Laboratory. The various parameters were reviewed, followed by DNA profiling of all exhibits. An attempt was made to correlate the said parameters with respect to DNA profiles and vice-versa to comprehend how these parameters, coupled with DNA profiling, help in identification of unidentified bodies. ResultsThe majority of the unknown deceased were males in the age range of 3–90 years old. The unknown deceased died of natural or unnatural causes, with majority dying of injury or trauma. The approximate time since death ranged from same day up to 6 months. Exhibits like dried blood gauzes, liquid blood samples in EDTA vials, teeth, and bones were able to generate DNA profiles in most of the cases for identity of deceased. Blood gauze was the most common source of exhibits submitted at the laboratory. ConclusionThe study’s findings revealed that besides age, sex or cause and manner of death of decedent, the type of exhibit (blood gauze, tooth, etc.) for DNA examination, the appropriate exhibit, if collected and preserved properly, can play a vital role in identification. A systematised action plan is required by law enforcement agencies in order to minimise the social and legal burden of unidentified dead bodies. In such a plan, medical experts must note down all possible findings at the time of post-mortem and collect suitable exhibits for DNA profiling. Further DNA profiling of the exhibits by forensic DNA experts should be done to preserve the unaltered identity of the deceased for a longer term in a DNA database.

Expert Signs and Legal Burdens

Expert signs and expert evidence generate a justification problem in legal factfinding: factfinders cannot form a justified belief about the relevant matter, nor justify the acceptance of an expert testimony, insofar as they do not understand it. The different profiles of factfinders in different legal systems (with jury trial or not) do not make a substantial difference for the point addressed, namely the epistemic or doxastic impasse generated by the inability to understand expert signs, for this occurs everywhere. However, legal systems have a way out of the impasse: burdens of proof. Burden rules govern the outcome of a case. If a burden is not discharged, decision must be against the burdened party. After discussing various aspects of the “Daubert trilogy” and performing a semiotic analysis of one case in particular (Kumho), the paper explores the impact that legal burdens have on expert evidence issues.

TAXATION OF INDIVIDUAL ACTIVITY IN EUROPE: CASE STUDY OF POLAND, LITHUANIA, UKRAINE

The main problem addressed in the publication is the differences in the taxation of individual activities in the analyzed countries. The issue is exceptionally topical because nowadays, the international organization of a business is one of the most critical aspects of its operation, and the reduction of public and legal burdens manifests itself in a very significant way concerning the profitability of certain ventures. The aim of the article is to determine in which of the countries in question the most favorable business conditions exist from a tax perspective. The article will use comparative and analytical legal methods concerning the legislations of the analyzed jurisdictions. Preliminary research indicates that the most favorable taxation conditions for a individual activity are found in Lithuania; however, to draw broad conclusions, it is also necessary to refer to other aspects that may deviate from the assumptions.

SHOULD MAGISTRATES TAKE DOWN CONFESSIONS?

Section 217(1) of the Criminal Procedure Act 51 of 1977 (the Act) sets forth the requirements for the admissibility of a confession made by any person in relation to the commission of an offence. Section 217(1)(a) provides that where a confession is made to a peace officer who is not a magistrate or a justice of the peace, such a confession must be confirmed or reduced to writing in the presence of a magistrate. Pursuant to section 217(1)(b), where a confession has been made to a magistrate or has been confirmed and reduced to writing in the presence of a magistrate, it is deemed to be admissible in evidence upon mere production (ss (b)(i)); and presumed, unless the contrary is proved, that the accused made the confession freely and voluntarily, while she or he was in her or his sound and sober senses, and without having been unduly influenced in making it (ss (b)(ii)).In S v Zuma (1995 (1) SACR 568 (CC)), the Constitutional Court found that section 217(1)(b)(ii) of the Act violated the right to a fair trial as embodied in section 25(3) of the Constitution of the Republic of South Africa, 1996 (the Constitution). It is a longstanding principle of both English and South African law of evidence that the state bore the burden of proving that any confession on which it wished to rely was freely and voluntarily made. Section 217(1)(b)(ii) of the Act placed on the accused the burden of proving on a balance of probabilities that a confession made to or recorded by a magistrate was not free and voluntary. This section, therefore, created a legal burden of rebuttal on the accused – a so-called “reverse onus”.The court held that the common law rule requiring the state to prove that a confession was made freely and voluntarily, was integral and inherent in the right to remain silent after arrest, the right not to be compelled to make a confession, and the right not to be a compellable witness against oneself. These rights are the necessary reinforcement of the principle that the prosecution must prove the guilt of the accused beyond reasonable doubt. Reversing the burden of proof seriously compromises and undermines these rights. The court thus declared that section 217(1)(b)(ii) of the Act violated the provisions of the Constitution of the Republic of South Africa, 200 of 1993 (the interim Constitution) and was invalid.In the authors’ view, with the Constitutional Court’s decision in Zuma, the principal rationale for sections 217(1)(a) and (b) of the Act seems to have fallen away. After all, the main reason to specifically provide for a confession made to or reduced to writing by a magistrate would be to ease the process of admissibility of such a confession without the need to test its admissibility at a trial-within-a-trial. After Zuma – whether a confession was made to or reduced to writing by a magistrate or not – if the accused contests the admissibility of the confession, the presiding magistrate must hold a trial-within-a-trial in which the state bears the onus of proving the admissibility of the confession on a balance of probabilities.This raises a possibility that did not exist prior to Zuma, namely that a magistrate to whom a confession was made or who reduced it to writing can be called as a witness by the state in a trial-within-a-trial. The authors question whether it is conducive to central tenets of the judicial function – independence and impartiality – for magistrates to take confessions at all, and thus be required to testify in any matter in which accused persons challenge confessions taken down by magistrates.

KAJIAN INTERDISIPLINER: KONSEP EKONOMI INDONESIA DITINJAU MELALUI PENDEKATAN HUKUM ISLAM DAN HUKUM POSITIF

This article is motivated by the sound of the 1945 Indonesian constitution Article 33 initiated by the founding fathers contains the philosophy of togetherness and the principle of family that is the cornerstone of the Indonesian economy. The realization of Islamic Economics in Indonesia has had a major impact on efforts to improve the economic life of the community, as well as provide education to the community in the economic system using a non-ribawi system. This article uses a qualitative descriptive approach that is more specific to the data of the library or library research. In this paper the author meghasilkan that Syar'i law khitab (decree) of God related to the act of mukallaf in the form of demands, choices and provisions and each claim contains taklif (legal burden) which in this case is human mukallaf. Furthermore, the 1945 Indonesian constitution Article 33 paragraph 2 is an important pillar in the development of economic law in Indonesia which determines, “the branches of production that are important to the state and that control the livelihood of many people are controlled by the state. So, in this paragraph is a constitutional mandate that should be run by the government.
 Keywords: Economy, Islamic Law, Positive Law.

The Religious Courts’ Authority To Adjudicate Disputes Based On Principal Agreements And Security Agreements Due To Different Choice Of Law

A Sharia Banking Agreement is often secured by the Deed Granting Mortgage. These two agreements are different types and have different burden of proof. However, the existence of Sharia Banking Agreements as principal agreements is not often secured by the choice of law under Deed Granting Mortgage. This research will elevate the position of the legal burden of proof between Sharia Banking Agreements and Deeds of Granting Mortgage along with the legal consequences due to different legal choices between the Sharia Banking Agreement and Deed Granting Mortgage based on a study of Court Decision No.499/Pdt.G/2021/PA YK in the Religious Court of Yogyakarta. This research applied a normative approach with the literature study method based on the court decision and regulation as primary legal materials and used secondary legal materials including books, journals, and other legal works that are related to the topic. From this research obtained that between Sharia Banking Agreement and the Deed Granting Mortgage that secures have different types of agreements and the different burden of proof. Although Deed Granting Mortgage is an additional agreement it must secure the principal agreement which is Sharia Banking Mortgage. Based on Court Decision No.499/Pdt.G/2021/PA YK, whereas the Deed Granting Mortgage regulated on the authority of the District Court in the event of a dispute but because the principal agreement is Sharia Banking Agreement, it has authority from Religious Court to examine and settle disputes.

THE INFLUENCE OF AL-USUL AL-KHAMSAH ON THE MU’TAZILA’S LAW THOUGHT

Mu’tazilah is a theological school with a passion for straightening out an understanding of the oneness and justice of God that has been polluted and corrupted. This stream gives a reasonably large portion of the discussion of speculative metaphysics. With a rationalist method, the Mu’tazilah proposed theological teachings known as al-Usul al-Khamsah. This study aims to reveal the influence of these theological concepts Mu’tazila’s law thought. As this is library research, the discussion will employ interpretive, descriptive, and reflective analytical techniques, which will result in theconclusion that al-Usul al-Khamsah had a significant influence on the ideas of the Mu’tazila school of jurisprudence, including that people who are forced (mukrah) are not subject to legal burdens, the omission of texts in worship, it is required for an order for the existence of the object to be governed, ordinary people are not allowed to obey the mujtahid in branches In sharia, it is forbidden to take the most accessible opinion of two comparable mujtahid opinions.

ПРОБЛЕМИ ОБЛІКУ ТА ОПОДАТКУВАННЯ ПРИ ЗАСТОСУВАННІ КОМПЛЕКСНОЇ СТАВКИ ТРАНСПОРТНО-ЕКСПЕДИТОРСЬКИМИ ПІДПРИЄМСТВАМИ

The demand for transport and forwarding services in Ukraine is growing rapidly, and therefore a large number of new transport and forwarding companies are appearing, for the efficient functioning of which a clear and regulated tax legislative base must be formed. Unclear formulation of legislative norms and complex business accounting of a complex operations of transport and forwarding services leads to numerous legal disputes between enterprises and fiscal authorities. Despite the considerable amount of investigations conducted, certain issues of accounting and taxation of transport and forwarding services require additional clarification and improvement. Therefore, theoretical and methodological substantiation and development of practical recommendations for improving the accounting of transport and forwarding activities are currently relevant. The article examines and analyzes the essence and types of the contract for the provision of transport and forwarding services, the specifics of their reflection in business accounting. The legislative irregularity of the application of the complex rate as a type of price in the contract for transport forwarding with the involvement of third parties was investigated and revealed. It is recommended to make changes to the legislative and regulatory acts on this issue, taking into account the existing judicial practice. Recommendations for improving the business accounting of transport and forwarding enterprises have been developed and a scheme of accounting transactions for accounting of operations of a transport and forwarding enterprise when providing a transport and forwarding service under an intermediary contract with the use of a complex rate as a price is presented. The expediency of applying recommendations for deepening analytical information regarding calculations for transit operations and expenses of the freight forwarder for the execution of an intermediary contract of transport forwarding using a complex rate is substantiated. The existing system of accounting and taxation of transport and forwarding activities requires further scientific research from the point of view of reducing the legal burden and simplifying business accounting and accounting for taxation purposes.

Development Aspects of Archaeological Sites in Latvia

Archaeological sites as part of cultural heritage satisfy a broad range of interests of different stakeholders. Along with satisfying cultural, social, scientific, etc., interests, their role is no less important in strategic socio-economic development.Unlocking asocio-economic potential of archaeological sites requires clear vision of how to conserve and protect each particular site, how and by what means to maintain and manage the object as well as what to do with it next. It is widely acknowledged that archaeological sites, in particular those having the status of archaeological monuments, play a socially important role, but their maintenance and development often require significant investment. While the laws make owners of archaeological sites, both private and public, solely responsible for conservation, restoration and maintenance of cultural monuments in their property, there should be appropriate mechanisms that mitigate the financial and legal burden and support owners along the way.Based on the review of legal regulation, scientific literature, information of the authorities and mass media, multiple expert interviews, consultations with professional archaeologists, and using an integrated socio-economic and legal approach to the researched issue, the article provides theoretical and practical insight into the actualities of archaeological heritage development potential in Latvia (making international comparisons) and possible solutions thereto.

Bimbingan Perkawinan Pranikah Bagi Usia Remaja Dalam Upaya Mencegah Pernikahan Anak

Marriage or marriage is a sunnatullah commanded by Allah SWT. The command to marry has a very noble purpose in accordance with Maqashid sharia, namely to maintain or maintain offspring. This goal can be achieved if the implementation is in accordance with the rules that have been set by Allah SWT as the Lord who creates and makes rules so that humans remain noble.Child marriage is a marriage that is not in accordance with the rules made by Allah SWT because to achieve the purpose of marriage, responsibility is an urgent requirement. The ability of this responsibility, of course, needs to be tested for prospective husbands and wives. Liability will be subject to legal burden, be held accountable for the trust received.Cases of child marriage are still common and even tend to increase, this happens because of the low knowledge and understanding of parents about religion, economic factors, association, culture, lack of knowledge of spro, unwanted marriage, and easy access for children to pornographic and pornographic sites.Child marriage is not justified by religion and the state. As a result of child marriage, there will be a loss of generations who will become leaders in the future. Child marriage does not bring benefits but brings harm to both the child himself and his family and country. Therefore, the State and the existing government should cooperate with religious organizations, related agencies and even the community to find solutions. All elements must work together to reduce or eradicate cases of child marriage, with the campaign being a child, don't have children.

The Plan S Rights Retention Strategy is an administrative and legal burden, not a sustainable open access solution

The Plan S Rights Retention Strategy (RRS) requires authors who are submitting to subscription journals to inform publishers that the author accepted manuscript (AAM) will be made available under a Creative Commons Attribution (CC BY) licence. The laudable stated aim of the RRS is to achieve immediate open access to research outputs, while preserving journal choice for authors. However, proponents of the RRS overlook the significant administrative and legal burdens that the RRS places on authors and readers. Even though compliance with existing green open access (self-archiving) policies is poor at best, the RRS is likely to rely on authors to successfully execute the CC licensing of their work in the face of publisher resistance. The complexity of copyright law and CC licensing gives many reasons to doubt the legal validity of an RRS licence grant, which creates legal risk for authors and their institutions. The complexity of RRS CC BY licensing also creates legal risk for readers, who may not be able to fully rely on the reuse rights of a CC BY licence on the AAM. However, cOAlition S has released no legal advice that explains why the RRS is valid and legally binding. Publishers of legacy subscription journals have already begun implementing strategies that ensure they can protect their revenue streams. These actions may leave authors having to choose between paying publication fees and complying with their funding agreements. The result is that the RRS increases the complexity of the copyright and licensing landscape in academic publishing, creates legal risk and may not avoid author fees. Unless increased complexity and conflict between authors and publishers drives open access, the RRS is not fit for its stated purpose as an open access strategy.

Kaffārah Rules on Having Intercourse During Ramaḍān: Gender Analysis of Imam Nawāwī and Ibn Qudāmah’s Opinions

This article tries to analyze the doctrine of kaffārah as the repentance for those who break the fast doing an intercourse in the day of Ramaḍān based on the opinions of Imam Nawāwī and Ibn Qudamah viewed from the perspective of gender. This is a library research that used descriptive-comparative methods along with normative and gender equity approach that discusses the text and modern context. The data was derived from the fikih’s books. This article shows that Muslims who commit a sexual intercourse in the day of Ramaḍān are burdened by an expiation that is mentioned in ḥadīṡ. Imam Nawawi stated that wife is not burdened by an expiation if she commits the intercourse, either by her willingness or under the compulsion. While Ibn Qudāmah stated that wife is burdened by an expiation if she commits it by her willingness and the legal burden will be lost if she is being under compulsion. From the perspective of gender, there is no difference between both man and woman’s kaffārah obligation. Both will get the consequence from all they have done, because both are the subjects of law. They should discuss each other on what choices to expiate their sins.