Mutual Duties Research Articles

Challenges and opportunities of research in the COVID-19 pandemic: the lived experience of students of Ferdowsi University of Mashhad

Objective: The efficiency and quality of higher education, which has the serious responsibility of developing human resources and developing society, can affected by many factors, including the social and economic conditions of the society. The outbreak of COVID-19 in December 2019 affected various aspects of human life, including the quantity and quality of higher education. Based on this, the purpose of this research is to study and understand the lived research experience of students of Ferdowsi University of Mashhad during the COVID-19 pandemic. Materials and methods: The research method is the qualitative and descriptive phenomenological approach. To conduct research from Ferdowsi University of Mashhad, as the field of research, 16 people were selected purposefully and based on the snowball method. The findings of the research were collected using structured interviews and analyzed with Colaizzi's (1973) method. The reliability of the findings (credibility, transferability, reliability, and verifiability) was verified through the description by peers, review by members, the use of thoughtful notes, and a rich and detailed description of the research process. Result & Discussion: The higher education system in the present era is affected by technological progress, and economic, cultural, and social changes in society, as COVID-19 in December 2019 affected different dimensions of higher education, including research. The findings of this study were presented in two areas of research challenges of students during the COVID-19 period in the form of 4 themes 'Physical and mental problems', 'Non-cooperation of some professors, university, subjects and researchers', 'Weak informational, network and scientific infrastructures' and 'Creating a negative attitude while not mastering the research' most important opportunities in the form of 4 themes 'facilitating library and office facilities', 'virtual communication equivalent to face-to-face', 'saving Time and money and convenience of virtual communication' and 'Strengthening writing, analytical, knowledge and communication skills'. Undoubtedly, strengthening educational, technological, and research infrastructures, developing ethics standards and mutual duties of supervisors and advisors-students, reviewing the curriculum of research- based units, and establishing an electronic library are among the most important strategies to reduce challenges and strengthening research opportunities in the COVID-19 pandemic and even after it.

그레고리(Daniel S. Gregory)의 『도덕학』에 나타난 ‘부모-자녀 간 상호 삼중적(三重的) 의무’ 분석

그레고리(Daniel S. Gregory)의 『도덕학』에 나타난 ‘부모-자녀 간 상호 삼중적(三重的) 의무’ 분석

ORMANLARDAKİ İŞ KAZALARINDA ORMAN İDARESİNİN HUKUKİ SORUMLULUĞU

Bireyin çalışma hürriyetini kullanabilmesi, bu hakka yönelik tehditlerin bertaraf edilmesi, hakkın ihlali durumunda oluşabilecek olumsuzluklara karşın önlem alınması devletin görev ve sorumlulukları arasındadır. İşçi ve işveren arasında iş sözleşmesine dayalı olarak kurulan iş ilişkisinde, işverene yüklenen işçiyi gözetme borcu, yasadan kaynaklanan bir sorumluluktur. İşçi ve işveren arasındaki karşılıklı borç ve sorumlulukların düzenlendiği iş ilişkisinde işçinin işyeri sınırları içerisinde, işverenin emir ve talimatı altında bulunduğu süre zarfında, aniden ve beklenmedik bir şekilde maruz kaldığı kaza, iş kazası olarak kabul edilmektedir. 
 Ağır ve tehlikeli iş kolu sınıfında yer alan orman işleri, olası iş kazalarına açık bir iş koludur. Ormanlarda, orman işçileri tarafından yapılacak işlere ilişkin birtakım yasal düzenlemeler bulunmaktadır. Orman idaresi tarafından ormanlarda yaptırılan kesme, sürütme, istifleme, taşıma işleri çoğunlukla vahid-i fiyat sözleşmesi usulüyle yapılırken son zamanlarda dikiliden satış usulünde de artış kaydedilmektedir. Bu çalışmada orman işçileri tarafından vahid-i fiyat sözleşmesi ve dikiliden satış usulüne göre ormanlarda yaptırılan işler esnasında, işçilerin uğradığı iş kazalarında orman idaresinin sorumluluğu belirlenmesi amaçlanmaktadır.

The Social Contract and India's Right to Education

ABSTRACTIndia's 2009 Right of Children to Free and Compulsory Education (RTE) Act presents an idealized social contract which assigns roles to multiple actors to uphold a mutual duty, or collective responsibility, to secure children's access to a quality school education. This article explores how the social contract assumed by the RTE Act misrepresents the conditions required to enact mutual responsibilities as well as actors’ agreement to do so. Qualitative data from Bihar and Rajasthan show how state actors, parents, community groups and teachers negotiate and contest the RTE Act norms. The analysis illuminates the unequal conditions and ever‐present politics of accountability relations in education. It problematizes the idealization of the social contract in education reform: it proposes that if the relations of power and domination through which ‘contracts’ are entered into remain unaddressed, then expressions of ‘mutual’ responsibility are unlikely to do other than reproduce injustice. It argues that policy discourses need to recognize and attend to the socially situated contingencies of accountability relations, and that doing so would offer an alternative pathway towards addressing structural inequalities and their manifestations in education.

DEVELOPING SHARIAH COMPLIANT CORPORATION: AN APPRAISAL ON THE RIGHTS AND LIABILITIES OF MEMBERS UNDER THE MALAYSIA LAW AND SHARIAH

Shareholders are members of a company through share capital ownership. They proclaim themselves as “owners” although they have no direct involvement in business management which is wholly vested in the board of directors. In Malaysia, shareholders merely receive bundles of right in the company as prescribed under the Companies Act 2016. Due to the separate legal existence of a company, they are not liable for the company’s debts and liabilities. Contrarily, under Shariah, musharakah is a partnership agreement between individual partners for participation in capital and profits. It essentially regards them as the joint owners of musharakah, treating their existence inseparable from this business entity. The partners collectively share mutual rights and duties in the musharakah business according to their contractual agreement which makes them jointly liable for any liabilities incurred by the musharakah. This article discusses the rights and liabilities of members of a company under Malaysia Law and Shariah. It highlights the substantial distinctions between the shareholders’ rights and liabilities under the Companies Act 2016 and those of partners under musharakah. This article argues that an inculcation of Shariah principles of musharakah into the current legal structure of corporation is needed so that the Shariah-compliant status is always maintained.
 
 Keywords: Company, Malaysia, members’ rights and liabilities, Musharakah, rights and liabilities in Musharakah, separate legal entity.
 Cite as: Haji Mohiddin, M. N., Abdul Ghadas, Z. A., & Ramli, N. (2021). Developing shariah compliant corporation: An appraisal on the rights and liabilities of members under the Malaysia law and shariah. Journal of Nusantara Studies, 6(1), 59-72. http://dx.doi.org/10.24200/jonus.vol6iss1pp59-72

Conceptualisation of Nation within Polish Modern Public Discourse

While attempting to reconstruct the Polish understanding of the word “nation”, the author applies three different data types, however complementary to one another (i.e. systemic, questionnaire and text data). By referring to the word etymology and dictionary definitions, the author portrays a multifaceted model of nation as the community of people (the psychosocial aspect) who live within a particular territory, speak one common language, have common cultural background (the cultural aspect), similar world view (the ideological aspect), pursue common economic (the living-standard aspect) and political interests.The analysis of the quoted texts, the questionnaires collected among the students in the years 1990, 2000 and 2010 shows certain significant differences that mainly concern the political and ideological spheres. It is noticeable that in 1990 the desire for independence was stronger among the young people than it was among their peers twenty years later and was connected with the political transformation that Poland underwent in 1989 when after years spent behind the “Iron Curtain” the nation could finally openly realise the ideals of freedom and enjoy life in the state that is independent, autonomous and democratic.The Polish contemporary journalistic texts accompanied by the scientific considerations and discussions present the nation in three categories: the political, territorial and cultural, biological. The nation seen from the political perspective is a collective of individuals having political rights, common laws and bound with one another by mutual duties, and by residing on a particular geographical territory they can form a state. In the press articles as well as certain Catholic church representatives’ statements, there appears a cultural concept of the nation seen as the community formed by the individuals and groups that are bound by common culture (language, traditions, customs), history, religion and pursued values. The biological concept of the nation refers to the principle of consanguinity. It relies on the assumption that strong blood ties constitute the basis for nation’s existence and one of the significant components of national consciousness.

Marital Networks and Political Alliances in Baluchistan, Pakistan

This paper is designed to show the relationship between affinity and political alliances. In kinship ties, descent imposes mutual duties and obligations and is only confined to those who share a common blood. As the blood binds together all those who share a descent, similarly affinity ties non-blood relatives through marriage. While much of the existing literature has been understandably focused on descent lines; however, there is a lack of sufficient study on the role of marital alliances in reproducing the dominance of ‘tribally influential families’ despite emerging challenges from the intrusion of modern state institutions. Using the example of one of the most powerful political families (Jogezai) in Baluchistan, this article tries to show the significance of exogamous and cross-regional marriages that form political kinship network.

Communication Processes in a Project Implemented by a Public Institution

Abstract The study aims at defining communication relations between a project team, a project manager and a wider project environment within a public institution. Individual in-depth interviews were chosen as the research method. On the basis of the collected material, five main issues related to the communication processes in the studied project were specified: a hierarchical structure, professional dependence, understanding of one’s mutual duties, relations between members of the project team and communication with the steering committee. On the basis of the findings, a scheme of project management in the studied public institution was identified. Communication and organizational weaknesses have been indicated, which may be eliminated or may not occur if they are spotted early on.

الخلع:, شروطه وآثاره بين الشريعة الإسلامية وقانون الأسرة الجزائري

Islamic Legislation Was Found To Achieve Lofty Intentions, And The Basis Of These Intentions For Marital Relationship Is That The Spouses Live In An Atmosphere Of Affection, Mercy, Serenity And Cooperation. And Since It Was From The Nature Of The Human Soul, Which Is Not Upright In Any Case, A Dissension May Arise After The Affection That Eludes The Marital Ten With Him, Due To The Dislike Of One Of The Other, Which Leads To His Aversion To Him And His Inability To Continue Marital Life With Him, Because Of The Absence Of The Purpose Upon Which Marital Life Is Built From Housing And Affection, Mercy, And The Performance Of Mutual Duties Between Them Where This Life Becomes Irreparable, In This Case Islam Has Embarked On An Appropriate Remedy For It Which Is Separation, Either By Divorce, Divorce Or Dislocation. Key Words : Dislocation, Divorce, Breaking The Conjugal Bond, Redemption.

ロバート・オウエンの思想における「相互義務」と「権利付与」

ロバート・オウエンの思想における「相互義務」と「権利付与」

The Mutual Rights and Duties of the Public and the Sovereignty in the Teachings of Nahj Al-balagha

Mutual duties and rights between people and sovereignty is one of the strategic and significant issues in the contemporary world. In the Islamic teachings especially Nahjulbalaghah it is not that the right is allocated to the ruler and government and on the other hand people only have duties and responsibilities. Rather the ruler has the significant duties even if he would be innocent. Among the strategic tasks of the ruler and leader are: Benevolence, Fair distribution of wealth and management of education system. These duties are, at the same time, the rights of the people and the ruler. On the other hand, people have duties in front of the Islamic ruler. In other words, these duties are rights of Religious Governance including loyalty to sovereignty, Support and response to demands of authority and etc. It is worthy to mention, the main aim of these rights and duties has been devised to provide the felicitous life for people in the world and hereafter.

ZASPOKAJANIE POTRZEB RODZINY W TRAKCIE TRWANIA ZWIĄZKU MAŁŻEŃSKIEGO

Celem niniejszego artykułu jest dokonanie wykładni przepisów o obowiązku wzajemnej pomocy małżonków i ich współdziałania w celu zaspokojenia potrzeb rodziny w świetle poglądów doktryny oraz orzecznictwa sądów polskich i zagranicznych. W sposób szczególny zaprezentowane zostaną trzy zagadnienia. Po pierwsze, problem kwalifikacji obowiązku z art. 27 k.r.o. jako alimentacyjnego lub tylko podobnego. Po drugie, możliwość umownego kształtowania przez małżonków zakresu omawianego obowiązku. Po trzecie, sposoby jego realizacji a także konsekwencji braku wykonywania.

Aspekty prawne kontaktów z dzieckiem

Artykuł przedstawia analizę instytucji kontaktów z dzieckiem, będącą stosunkowo nową regulacją w prawie rodzinnym. Rozważania teoretycznoprawne mają na celu określenie charakteru prawnego kontaktów i wskazać, że mają one charakter rodzinnoprawny i osobisty. Analizie poddano również obustronne prawo i obowiązek kontaktu z uwzględnieniem roszczenia po stronie dziecka, jak również samo pojęcie kontaktu, szczególnie w odniesieniu do równolegle występującego pojęcia osobistej styczności. Przy okazji omówiono bowiem instytucję osobistej styczności występującą przy przysposobieniu. W artykule przedstawiona została koncepcja konieczności ustalenia obowiązku do nienaruszania kontaktu przez jedno z rodziców zamieszkujące z dzieckiem, a także przemawiająca za wprowadzeniem instytucji zawieszenia kontaktów. W odniesieniu do jednego z rodziców sprawującego władzę rodzicielską przyjęto, że kontakt przyjmuje postać uśpionego roszczenia, które aktualizuje się w momencie rozpadu rodziny. W efekcie poczynione wnioski mają na celu wskazanie wykładni przepisów art. 113–1136 k.r.o., a także art. 1191 k.r.o., co sprawia, że rozważania mają również znaczenie praktyczne dla utrzymywania kontaktów z dzieckiem.

Human Rights and the Rights of the Society as a System: Philosophical View on the Problem

The formation and development of the Institute of Human Rights is the main political and legal project of the Postmodern Age. However, this project is rather one-sided; in general, the interaction between the man and society creates rights for both parties. The main purpose of the article is to scrutinize a specific social system that arises as the result of such interaction. Relying on the philosophical essence of human rights and the dialectic of individuality and collectivity, the author develops the theoretical construct of "mutual rights and duties of the man and society" as an element of legal reality. It is based on a system-forming attribute, i.e. mutual saving and development of the man and society, which determines self-adjustment of the structure in question. Methodologically, a research objective is achieved by means of systematization of the provisions existing in the philosophical-legal theory and court practice and reflecting different approaches to resolving the problems concerning the dominance of human rights or the rights of the society during different historical epochs, the tendency of giving absolute priority to the human rights under modern conditions, the possibility of "the golden mean" that allows to avoid the extremes and to consider the interests and rights of both the individual and society. Analysis of approaches of this kind revealed the absence of the system enshrining the rights of collective entities in the modern legislative practice: the rights of the society are either of political nature or reflect the civilizational specificities of a number of societies and States, or protect the interests of certain social groups, strata, and minorities. The current situation has largely been the result of neglect on behalf of the legal-philosophical and legal theory towards the understanding of rights in the system of "individual - society." Changes are even more necessary in connection with the emergence of law of the rights of Mother Earth that appeared in the modern legislative practice of a number of Latin American States. The research focused on such issues is carried out under the guidance of human rights of the third generation that are collective in their nature, and that can be implemented only in the course of joint activities aimed at saving and developing both the individual and society.

Darkness Falls on the Land of Light: Experiencing religious awakenings in eighteenth-century New England by Douglas L. Winiarski

Reviewed by: Darkness Falls on the Land of Light: Experiencing religious awakenings in eighteenth-century New England by Douglas L. Winiarski Shelby M. Balik Darkness Falls on the Land of Light: Experiencing religious awakenings in eighteenth-century New England By Douglas L. Winiarski. Chapel Hill: University of North Carolina Press, 2017. If ever there were a topic that has received more than enough scholarly attention, the Great Awakening should be it. The story of Old Lights and New Lights, of Edwards and Whitefield, is so familiar, and has been examined from so many angles, that it cannot possibly merit new attention and a fresh look—or can it? In this epic study of the Great Awakening in New England, Douglas Winiarski reinterprets the revivals and reframes them as a popular insurgency: one in which the people, inspired by new religious styles and experiences, seized control of a region's religious culture and refashioned it to suit their own sensibilities. In doing so, he shows that there is much more to these well-studied revivals than historians have thus far appreciated. By telling the story from the bottom up, Winiarski argues forcefully and convincingly that the Great Awakening was more disruptive, more revolutionary and more cataclysmic than we have fully understood. To tell how revivalism transformed New England, Winiarski explores the region's spiritual life through the eyes and words of its laity. He sets the stage by examining the region prior to revival, when "godly walkers" adhered to a culture structured by Reformed theology, mutual duty and the desire for individual salvation—all of which convinced New Englanders to exert themselves spiritually to avoid sin and corruption (29). Churchgoers used a "vocabulary of Christian obligation" to express their commitments to each other, but there were fissures beneath this tidy landscape of well-ordered congregations and households (40). Believers' anxiety over their spiritual states permeated their religious professions, and theological conflicts began to wear down the safe perimeters of churched towns. Before long, waves of revivalism stirred up dissent and eroded the theological foundations on which New Englanders had built their communities. Jonathan Edwards' Northampton revivals preceded George Whitefield's New England tours, and many historians have argued that Edwards' style was better-suited to New England's town-church heritage, but Winiarski shows that it was really Whitefield who caused an irreparable break with the puritan past. By introducing new preaching styles and theologies, Whitefield set fire to the region; he and others in his vein led hearers to criticize their churches, demand emotional fulfillment from their faith and even question the validity of conversions that they no longer took to be authentic. The people who were attracted to this new religious sensibility increasingly embraced the doctrine of the Holy Spirit, which had faded in importance in Congregational worship but now came to define revivalism. The Holy Spirit imbued believers with mysticism and catalyzed individualistic religious experiences, far different from the religion of communal ties that had prevailed before. Under the Holy Spirit's influence, believers saw visions, responded to conversions with bodily spasms, and divined their own interpretations of the Bible and other sacred books. Ministers like Jonathan Edwards, who had promoted the revivals, now cautioned that with no guiding authority, it would be impossible to know what was God's work and what was Satan's. But the awakened laity seemed to know the difference. Increasingly confident in their convictions, this "radicalized cohort of new converts" asserted the authenticity of their miraculous experiences and shouted down ministers (in person and in print) who cautioned against error (281). Increasingly, the laity claimed independence from religious authority, and their idiosyncratic spiritual impulses destroyed the foundations of puritan communalism. They did not do so without inspiration. First Whitefield, and then charismatic leaders like James Davenport and Daniel Rogers, along with small armies of itinerants, encouraged ordinary men and women to upend religious authority and disrupt peaceful (and complacent) congregations. But then the laity took the lead. In Winiarski's telling, ordinary believers declared war on the old order by confronting opponents of revivalism, claiming the authority to judge the authenticity of others' religious experiences, and insisting on the right to exhort...

Šeimos narių patirtis globojant Alzheimerio liga sergančius artimuosius

Alzheimerio liga paveikia visą šeimos sistemą. Artimiesiems tenka spręsti ligonio globos klausimus. Nesant specializuotų paslaugų, dažnai ryžtamasi globoti ligonį namuose. Kokybinis tyrimas, kuriuo siekta atskleisti šeimos narių patirtį globos procese, parodė, kad kartų solidarumo teorijos požiūriu apsisprendimą globoti dažniausiai lemia normatyvinis solidarumas ir nepasitikėjimas globos institucijomis. Artimieji susiduria su dideliais globos iššūkiais ir ne visada pajėgūs juos įveikti patys. Tačiau paslaugų, kurios atlieptų specifinius globėjų poreikius, stinga. Todėl Alzheimerio liga sergančius artimuosius globojantys šeimos nariai, nepaisant didelio socialinės pagalbos, informacijos ir psichologinės paramos poreikio, lieka ,,nematomi“ paslaugų sistemai. Šiuo požiūriu didelę reikšmę įgyja funkcinis šeimos narių solidarumas, suponuojantis paramos mainus sudėtingomis globos situacijomis.

Human Dignity and the Constitution

Most contemporary national constitutions and international human rights declarations recognise the respect of human dignity as their inviolable fundamental principle. Nevertheless, besides some generally accepted cases of its flagrant violations, human dignity remains a highly controversial concept not only in its practical application but also in its theoretical explication. In order to resolve all these kinds of problems, we need a sound philosophical foundation of dignity that would allow a coherent moral reading of our constitutional documents. The crucial question is: what justifies dignity's place as the leading constitutional principle? There are three conceptions concerning dignity's nature and role: the conception of dignity as the highest constitutional value, namely the value of humanity and of human life; the conception of dignity as the chief personal right; and the conception of dignity as status. The conception of human dignity as the highest value is adopted by the prevailing constitutional doctrine in Germany in accordance with the established practice of the Federal Constitutional Court; from there it has acquired immense influence all over continental Europe. This conception is problematic, because value is a holistic concept: there are many concurring, if not conflicting, values, so that the degree of satisfaction of every one of them varies depending on its unstable coincidence with other values. The prevailing doctrine recognises this by introducing the principles of balancing and of proportionality. But this is unsatisfactory in view of the inviolability claim: a violation in some unusual cases, recommended by means of balancing and proportionality, should be permissible at every time. Similar problems are envisaged by the conception of dignity as the chief personal right, at least if we follow the leading rights doctrine that considers them, in a consequentialist manner, as interests or values; under the same presupposition, the idea of dignity as a second order right, ie, as the right to have rights, reveals itself to be redundant. So the only tenable conception is that of dignity as status. But this conception poses serious problems, too; they concern, above all, inviolability and the demand of individualised protection. They can be resolved only if we adopt a broadly Kantian conception of the person. The status in question is then a deontological, not comparative concept: it is the status of the autonomous and responsible moral subject, whose equal recognition and respect is the only thinkable fundament of our publicly enforceable mutual claims and duties.

Solidarity in the legal frames

The purpose of this paper is to explore the meaning of solidarity and its proper position in the legal frames, with particular focus on health care. Solidarity is often identified with welfare arrangements and social guarantees. In this institutional version, it tends to humiliate citizens and restrict their entrepreneurship. Moreover, administrative solidarity is unable to recognize the actual needs of the most vulnerable members of society, which should be one of its primary concerns. Solidarity, in its original meaning, understood as supportive cooperation of fellow citizens, links their rights and freedoms with mutual duties and responsibilities. Hence, an alternative framework for solidarity should be provided. This framework, committed to the idea of decency, introduces the distinction between the minimum and maximum content of solidarity enforceable by legal means, which should be translated into certain health care practices.

Proceduralny stosunek administracyjnoprawny w ogólnym postępowaniu administracyjnym

The content and at the same time the essence of an administrative law relation, according to the accepted doctrine, are the consequent mutual rights and duties of parties to an administrative law relation. With the instituting of proceedings the procedural rights and duties of an administration authority towards parties begin to operate as do the procedural rights and duties of parties towards this administration authority. Prima facie it appears that administrative jurisdiction proceedings are characterized by a complete procedural law relation: both an administrative authority and a party have specific procedural rights and duties, unlike for example accusatorial/application proceedings, where the complainant has only rights and takes a more passive position. The present paper verifies this thesis in a negative way. In light of the regulations in force there are no grounds for treating any form of participation of a party in administrative jurisdiction proceedings as this party’s legal duty. This equally applies both to starting an evidentiary initiative and participation in presentation of evidence, and in making depositions by the party itself. It is necessary to especially exclude the possibility of applying any procedural rigors (financial penalties, coercive measures) to a party that does not actively participate in the proceedings. “Obligation” specified by administrative code provisions relating to the parties (e.g. in the case of summons to appear or participate in procedural acts) should not be interpreted as “necessity”, “duty”, or “compulsion”, but only as “a burden” or “task”. The regulation that provides for “obligation” does not obligate parties to any enforceable behavior. Because such a provision exists, a party should only take into consideration (accept) possible disadvantages that might affect it if it should fail to comply with such a provision. Therefore, while the rights of parties correspond to the theoretical law concept of rights, the duties of parties can, in most cases, be defined at best as sui generis duties. The only duty in the strict sense that is incumbent on parties in connection with the instituting of administrative proceedings is the duty to make statements and depositions accordant with the truth under threat of criminal liability (Article 75 § 2 and Article 86 in conjunction with Article 83 § 3, Code of Administrative Procedure).

Współczesna treść pojęcia wzoru kultury gospodarczej

The article attempts at presenting a culture-oriented approach to economy culture’ patterns. The notion of economy culture’ pattern is conceived of as a set of normative beliefs that decide what kind of mutual rights and duties have a given subject of economic activities. The author asks questions about the cultural origins and normative assumptions of present day patterns.