Perspective Of Jurisprudence Research Articles

Evidently Not: Why Confessions Are Excluded in Jewish Criminal Jurisprudence

Abstract Of all the principles in classical Jewish law that stand out from a comparative legal perspective perhaps none is more notable than the ban on self-incrimination in criminal procedures. Contrary to the most basic evidentiary assumptions of other ancient legal systems, this principle differs fundamentally from the right to remain silent that is part of both early modern and modern legal systems. Only rabbinic jurisprudence incorporates an outright exclusion of criminal confessions. Despite receiving much scholarly attention over the centuries, this principle’s fundamental justification relating to the rule of law and the public pursuit of justice has gone unnoticed. This article explores this salient jurisprudential perspective, and sheds new light on this principle by contrasting the Jewish legal approach with the primary modes of criminal adjudication that were adopted in the West. What emerges from this comparative analysis is that this seemingly anomalous principle actually reveals much about the core commitments and values of Jewish law. These, in turn, have substantial implications for certain contemporary legal practices and dilemmas.

Muslim women's work

Islam's view of women and their rights is a multifaceted view. Islam’s view of women includes all their aspects and roles, therefore respecting their rights in society as human beings also as a mother, a sister and as a daughter. For each of these women’s status (human being, mother, sister, girl), Islam assigned the rights and fair duties to them and saved them from the oppression of ignorance that has been done to them. Islam also has raised their status and given them the right to participate in building society and improving their levels and abilities. The ruling on women working outside the home is one of the issues that is debated in Islamic centres, Jurisprudence and religious centres have conducted detailed research in this area. If we look at human society today, we see that many women have proved their skills in their work and expertise. They have an active partnership in the development of societies in all areas, even some of those areas that cannot be done without women and without women's participation are close to disability and immobility. At the same time, the work of women in societies has created some problems for society, and women themselves have increased their obligations because of their work and has caused some social problems, including increased crisis and delay in marriage as well as some crimes and other problems. This research aims to discuss the ruling on women working outside the home and determine the conditions and guidelines of this issue and the appropriate places that exist for women to work and the impact of women's work in the economic development of countries and societies. It raises all these from the perspective of Islamic jurisprudence.

DESCRIMINALIZAÇÃO DE DROGAS: UMA ANÁLISE ENTRE AS COMPETÊNCIAS DO LEGISLATIVO E JUDICIÁRIO

Drug use is proven to be harmful, both physically and intellectually. Currently, drugs are the main social evil, linked to all types of crime. The methodology used was the literature reference, and the STF decisions of 2023 and 2024 on the issue. In this sense, the objective of this research/article is to develop a study on the decriminalization of marijuana possession and its legal, economic, moral, and public health consequences. To do this, initially a definition of competences is made from the perspective of doctrine and jurisprudence regarding the limits of powers to legislate. It also addresses the main aspects related to drug use and its consequences; And, finally, the positive and negative points within the legal, moral, social, economic and public health sphere of this decision. It is concluded that this is a matter that should be entirely up to congress to decide, and that the STF usurps the functions of the Legislative and Executive branches by giving its opinion on topics that would be the responsibility of the technical body ANVISA. Even because they are decisions with broad repercussions, which could have major consequences for society, including in the field of public security, crime, society in general and public health.

Employment of Zakat Funds in Islam: A Jurisprudential Study

Zakat is mandatory contribution in Islam. It is the command (Pherman) of Allah revealed in holy interaction/discourse of Prophet Mohammad (PBUH) with Allah. Islam stands for social and economic solidarity among the followers of Islam. It seeks to provide the basic needs of the individual out of the Zakat contribution pool. For this study, the aim is to discuss the noble and holy idea of employing zakat funds. The employment of Zakat funds are permissible in certain forms and prohibited in some. This distinction is made from the perspective of Islamic jurisprudence. The study proceeded with this aim and reached the following results: (i) the employment of zakat funds is undoubtedly meant for helping the poor, disabled, destitute, and sick or orphaned individuals. (ii) Zakat has five forms in which Zakat funds are deployed/dispensed; (iii) Zakat funds take the form of investment; (iv) Zakat funds are meant to be spent in public interests; (v) Zakat funds are converted into endowments. The forms of spending (iii) and (v) are prohibited by some jurists. They contend that the permissible forms of fund-employment are: (a) providing a vocational tool (felicitation giving equipment such as tools, instruments or other things) to the needy; (b) establishing projects that benefit the poor as a privileged group/class. The study makes recommendation that Zakat controlling institutions should take care of employment of Zakat resources-pool/reservoir in providing jobs to the unemployed poor and others eligible as per Islamic philosophy and the provision of vocational tools, instruments or equipment so that the eligible poor skilled individuals are able to work more efficiently to earn their livelihood.

Financial Rights of a Divorced Woman: From the Perspective of Islamic Jurisprudence and Afghan Civil Law

Financial Rights of a Divorced Woman: From the Perspective of Islamic Jurisprudence and Afghan Civil Law

Uses and Implications of Marijuana from the Perspective of Islamic Law

Objectives: The study aims to determine whether all uses of Marijuana are considered haram (prohibited) or if there are any exceptions. Methodology: It employed a qualitative methodology and rigorously examined relevant materials from a jurisprudential perspective, including textual and contextual aspects. Data for this study were sourced from various materials, including books, journal articles, reports, conference papers, and websites. Findings: The research highlights the differences between hemp and Cannabis sativa, both types of marijuana plants, distinguished by their varying levels of tetrahydrocannabinol (THC). Hemp contains less than 0.3% THC, while Marijuana can have THC levels up to 28%. Marijuana is primarily used for recreational purposes, whereas hemp has numerous industrial applications such as textiles, rope, paint, clothing, shoes, paper, bioplastics, insulation, lotions, and more. Ultimately, the ruling on marijuana use varies between forbidden (haram) and permissible (halal), depending on the intent behind its use. This is consistent with the Islamic legal principle that the determining factors influence the law. Originality: The study's findings will assist policymakers in effectively managing hemp, creating job opportunities, and significantly increasing tax revenue while implementing measures to prevent and control its use. The scientific value of this research lies in analyzing marijuana consumption from the perspective of the Sharia, which aligns with the higher objectives of Islamic law: preserving the mind and wealth.

MINORITY JURISPRUDENCE IN THE CONTEXT OF HALAL FOOD EVALUATION IN SINGAPORE

The study focuses on minority jurisprudential perspectives regarding the evaluation of Halal food in Singapore. It observes an increasing demand for Halal-certified food within the Muslim community in Singapore, prompting concerns about Halal extremism, defensive eating, and potential contamination between Halal and non-Halal food items. Minority jurisprudence offers a legal framework that is both contextual and adaptable, making it particularly relevant for addressing the challenges encountered by Muslim minorities within non-Muslim societies. To address these issues, a qualitative research approach centered on document analysis was employed. This involved examining Fiqh texts, fatwas, academic studies, and related documents. The findings of the study present the views and opinions of minority jurisprudence regarding potential solutions to the identified challenges. Additionally, the concept of at-takhayyur was discussed as a minority jurisprudential approach to addressing the problem of Halal food evaluation in Singapore. Studying Halal food evaluation through the lens of minority jurisprudence offers a more comprehensive understanding of contemporary Halal food-related issues. Consequently, this research has the potential to contribute to the integration of residents from diverse backgrounds within Singapore's complex and multicultural society.

Climate Change and Legal Responsibility: Challenges and Solutions from the Perspective of Environmental Jurisprudence

تناولت الدراسة التغير المناخي والمسؤولية الشرعية المترتبة عليها فالتغير المناخي هو أحد أهم التحديات التي تواجه البشرية في العصر الحالي، حيث يتسبب في مجموعة من التغيرات المناخية المتطرفة، مثل ارتفاع درجات الحرارة، وتغير أنماط هطول الأمطار، وارتفاع مستوى سطح البحر، والتي لها آثار مدمرة على البيئة والمجتمعات البشرية، وفي سياق المسؤولية الشرعية المترتبة على التغير المناخي، فإن الدول لها دور أساسي في قيادة الجهود الدولية لمكافحة التغير المناخي. يتطلب التغير المناخي تضافر الجهود المشتركة من الجميع، حيث لا يمكن لأي فرد أو منظمة تحقيق ذلك بمفردها ولذلك، فإن الالتزام بمسؤوليتنا الشرعية في مواجهة التغير المناخي هو واجب أخلاقي وضروري للحفاظ على كوكب الأرض للأجيال القادمة. لقد هدفت هذه الدراسة إلى بيان دور المسؤولية الشرعية المترتبة على التغيرات المناخية والتعرف على الحلول الممكنة للحد من التغيرات المناخية من منطلق السياسة الشرعية، كما توصلت الدراسة إلى أن الإسلام له السبق في حماية البيئة والمحافظة عليها قبل إنشاء الحكومات والمؤسسات الدولية، والقوانين السابقة واللاحقة كأهم نتيجة، وتوصي الدراسة بإجراء المزيد من الدراسات التي تعنى بالتغيرات المناخية وكيفية مواجهتها وبالأخص من الناحية الشرعية.

Juvenile Justice in the United Kingdom and Hong Kong: Historical and Modern Perspectives

The 19th century saw the introduction of numerous acts in the United Kingdom relating to juvenile justice that emphasised rehabilitation and sought to protect the rights of child offenders. Since then, legislative and institutional changes have generally increased the leniency of the law towards acts of juvenile delinquency, but exceptional cases involving child killers have raised jurisprudential concerns relating to these acts. This paper explores the question of punishment in criminal law from the Victorian era onward, focusing on the disparity in treatment between juvenile and adult offenders, and summarises the relevant extant U.K. and Hong Kong legislation. The case of Sharon Carr, a woman convicted of murder for a thrill stabbing she had committed at age 12, is examined with a comparative approach with the judgement of Mary Bell, who was convicted of manslaughter for strangling two toddler boys. A conclusion on the evolution of the juvenile justice system through jurisprudential perspectives will be offered.

Election Fiqh Ethics: Efforts to Prevent Polarization and Its Impact on the 2024 Election

Polarization in the implementation of elections, especially in 2024, has a very dangerous impact which has the potential to create divisions between ethnicities, religions, races and between groups. One of the efforts to prevent this and minimize negative impacts is by creating norms from a fiqh perspective considering that the majority is 85 percent of the population. Indonesia is a Muslim society. This research aims to explain election ethics from a fiqh perspective to prevent and minimize polarization in the implementation of the 2024 election and its impacts. By using qualitative descriptive methods and a literature approach, researchers will collect and examine data from various written sources to look for election ethics from a jurisprudential perspective in preventing polarization in the 2024 simultaneous elections. Fiqh ethics in preventing polarization are divided into two, namely universal ethics and partial ethics. Universal ethics include arranging good motivation, not violating existing rules, maintaining human values, bringing benefits and rejecting damage and being fair. Meanwhile, the partial ethics are ta'aruf, tafahum, tasamuh, ta'awun, mujjadi and takaful.

Wild Divorce Solutions: Perspectives from Law Number 1 of 1974, Law Number 7 of 1989, and the Compilation of Islamic Law

<em>This study acknowledges about the illegal divorce that husbands have imposed outside the court of the perspective of Marriage Law in Indonesia. There are three problems that will be answered in this study. First, how are the illegal divorce law problems in the perspective of Indonesian Marriage Law and Islamic Jurisprudence? Second, how is the illegal divorce urgency in the perspective of Islamic Jurisprudence and Indonesian Marriage Law? Third, how is the Marriage Law solution in Indonesia against the illegal divorce? To answer these problems, a literature study has been done. Data about the illegal divorce is obtained from books or Islamic Jurisprudence books, laws or regulations, and electronic data through the website. These data are processed, analyzed, and used as materials to study about the illegal divorce by using the normative legal study methods. The results of the research have found answers to the problems above, first, there are four of the illegal divorce law problems, such as its validity, lack of legal protection, the illegal divorce couples can’t legally marry another person, and they also can’t get the rights after divorce.</em>

What an Important Implementation of the Educational Rights of Adopted Children in Indonesia from an Islamic Jurisprudence Perspective?

What an Important Implementation of the Educational Rights of Adopted Children in Indonesia from an Islamic Jurisprudence Perspective?

NASAB OF SIRRI MARRIAGED CHILDREN FROM A FIQH PERSPECTIVE AND THE COMPILATION OF ISLAMIC LAW (KHI)

This article analyzes the fate of children resulting from unregistered marriages in a review of fiqh and the Compilation of Islamic Law (KHI). The sirr marriage polemic is closely related to the child's lineage status. Even though sirr marriages are carried out according to Islamic law, these marriages must be protected by State law in accordance with applicable laws and regulations to give them legal force, especially in relation to the child's lineage status. The aim of this research is to examine the lineage status of children from sirr marriages from the perspective of jurisprudence and the Compilation of Islamic Law. This research uses a qualitative descriptive approach to examine the lineage position of children born from sirr marriages. The results show that there are differences between fiqh and KHI regarding the fate of children born from sirr marriages. According to fiqh, all children born from marriages that fulfill the terms and conditions will be automatically assigned to their father. In jurisprudence, children born from unregistered marriages can be assigned to the father. However, in KHI, children born from unregistered marriages can be assigned to the father through a court order or istilhaq.

Masa Enam Bulan Berpisah Tempat Tinggal Sebagai Syarat Formil Pengajuan Perceraian dengan Alasan Pertengkaran: Studi Putusan Mahkamah Agung No 421 K/Ag/2023)

From a jurisprudence perspective, there is no requirement for a long period of separation between husband and wife to carry out a divorce for reasons of quarrels and disputes. This research aims to analyze the six month period of separation of residence between husband and wife as a formal requirement in filing for divorce on the grounds of quarrels and disputes as stated in the consideration of Supreme Court Decision No. 421 K/AG/2023. What is the real reason and aim of the judge in requiring the 6 month period, so that the Supreme Court's decision has canceled the decision of PA Tegal No. 312/Pdt.G/2022/PA.Tg and PTA Semarang decision no. 334/Pdt.G/2022/PTA. SMg. This research is normative legal research, using secondary data sourced from primary legal materials and secondary legal materials. Primary legal material was obtained from the Supreme Court Decision, PTA Semarang and PA Tegal Decisions, while secondary legal material was obtained from fiqh books and Supreme Court Circulars. The results of the research show that the judge's reasons for requiring a six-month period of separation between husband and wife as a formal condition for filing a divorce due to arguments are based on the new provisions contained in SEMA No. 1 of 2022 which confirms that divorce cases are based on ongoing disputes and quarrels. can be granted if it is proven that the husband/wife has had continuous disputes and quarrels or separated residences for at least 6 (six) months. This judge's decision is considered aimed at increasing family resilience and making it more difficult for divorce to occur in society, which is part of the principles of marriage.

Fighting against assisted dying in Spain: catholic-inspired civic mobilization during the COVID-19 pandemic

AbstractThe article analyzes the network structure and dynamics of the Spanish field of catholic-inspired secular organizations (CISO-N), and their mobilization against the Euthanasia Bill amidst the COVID-19 pandemic. In addition to a relational perspective, it adopts a historical-comparative approach to political opportunities that affect the praxis of these organizations. Drawing on 7-year fieldwork, including in-depth interviews with CISO-N activists and participant observation of their demonstrations, it traces CISO-N's discourse of ‘moral panic’ and ties to religious and political organizations, particularly the far-right party VOX. We advance a novel perspective, bridging literature on assisted dying and social movement studies, particularly focusing on far-right Christian populist mobilizations. The article offers one of the first sociological analyses of euthanasia as the new moral, political, and cultural neoconservative anti-rights front, which has been mainly studied from bioethics, socio-medical studies, and medical jurisprudence perspectives.

Buying and Selling Weapons of Mass Destruction from the Perspective of Islamic jurisprudence

The purchase and sale of weapons of mass destruction is the issue of this research, the main question of the research is, "What is the view of Islamic jurisprudence about the primary and secondary rulings of trading these types of weapons?" This research, Baroosh Ijtihadi, argumentative and analytical has given an answer to this question, based on which it can be said that from the perspective of Islamic jurisprudence, buying and selling weapons of mass destruction (such as nuclear, microwave, chemical weapons, except for their new generation) due to the sanctity of donations, are instruments of corruption. , harm, corruption, extravagance and the principles of preserving the lives of animals and other creatures of the world and the environment, even in case of emergency and reciprocation, are prohibited. The point of view that buying and selling it for the purpose of defense, deterrence, in case of emergency and retaliating is considered permissible and is inconsistent with the principles and foundations of Islamic Jihad. Therefore, from the point of view of Islamic jurisprudence, buying and selling it is forbidden.

THE LEGAL CAPACITY (AL-AHLIYYAH) OF ARTIFICIAL INTELLIGENCE FROM AN ISLAMIC JURISPRUDENTIAL PERSPECTIVE

Capacity is the legal right and empowerment of a legal person to individual responsibility. A legal person has the right to social, economic, and political duties and responsibilities in the society to sue and be sued in the law court. However, the issue of artificial persons has been gaining attention in recent times, especially its legal capacity. This paper examines the legal capacity of Artificial Intelligence from Islamic jurisprudential perspective. For instance, legal and juristic issues remain around the legal capacity of humanoids like Sophia Robot which was granted the first full citizenship in Saudi Arabia. Does that citizenship translate to full rights and responsibility like a normal human? The study uses a qualitative method to employ the doctrinal approach of analyzing Islamic jurisprudential opinions on the legal personality of an artificial person. Although there are Islamic thresholds on minors and other interdicted persons, however, the study explores the extent of interpolating classical Islamic rulings of the legal capacity of certain corporations, entities, and interdicted persons on the artificial intelligence robot. The study found that an artificial intelligence robot does not have the complete traits to be considered for natural legal capacity. However, AI has the trait of artificial personality that is justified in Islamic jurisprudence. The vicarious tortious liability can be interpolated on the artificial personality of AI to ensure the protection of the public interest. Therefore, this study lays the groundwork for further studies in understanding how Islamic law can address the rights, responsibilities, and ethical considerations surrounding the use of AI, thereby facilitating the development of comprehensive, and religiously sensitive regulatory frameworks.

The right to be offline – notes on the background of existing and proposed regulations. Part II: Polish law

The second part of the article focuses on the regulations of Polish law as they relate to the right to rest. The author analyses the employee’s rights and possible sanctions related to the employer’s violation of this right, from the perspective of both doctrine and jurisprudence. The summary answers the question as to whether the Polish regulations can be assessed as sufficient, and whether they can constitute a kind of “guarantee” for employees, in terms of respect for their right to be offline.

Populist Jurisprudence? Examining Selected Case Law of the Polish Constitutional Court After 2016

Since the parliamentary elections in 2015 and the subsequent change in the personal composition of the Polish Constitutional Court, this institution is in crisis. The Court, once one of the main guardians of the rule of law and a model for the constitutional judiciary in the region of Central and Eastern Europe, is criticized. Judges are accused of lack of proper appointment and party subordination. Court activities are perceived as part of illiberal democracy and populist constitutionalism, that is, introducing majority rule by “switching off” the checks and balances mechanisms by democratically elected parties and groups. However, what is often overlooked in this type of analysis is the more internal perspective of jurisprudence and legal reasoning. What kind of decisions does the “populist” constitutional court issue? How does it justify its decisions? The paper will discuss three cases of the Polish Constitutional Court. The first case is from 2017 and concerns the right of assembly in connection with the introduction of a special category of “cyclical assemblies”. The second, of 2019, is the so-called “printer case”, which concerned the possibility of refusing to provide a service for reasons of conscience (a refusal to print a poster because of opposition to “LGBT promotion”). The third case is the controversial ruling narrowing access to abortion from 2020. The aim of the analysis is to answer the question of whether the current jurisprudence of the Court is the breaking or continuation of the previously dominant liberal constitutionalism. I will be particularly interested in whether these decisions introduce any changes at the level of possible rights holders (legal subjects), the introduction of a new or changed scope of existing rights, and new ways of resolving conflicts between rights.

Teaching the Knowledge of Making Nuclear Weapons from the Perspective of Islamic Jurisprudence

Teaching the knowledge of making nuclear weapons from the perspective of Islamic jurisprudence is the main issue of this research, the main question of the research is "What is the view of Islamic jurisprudence about teaching the knowledge of making nuclear weapons?" This research, Baroosh Ijtihadi, argumentative and analytical, has given an answer to this question based on which it can be said that from the perspective of Islamic jurisprudence, teaching the knowledge of making nuclear weapons that leads to the production and use of weapons of mass destruction is forbidden according to the first ruling, but if it causes defensive deterrence. And there is nothing wrong with confronting or repelling the use of nuclear weapons by the enemy. However, at the time of the presence of Masoomin (peace be upon her), there was no trace of the knowledge of making nuclear weapons to express its verdict. However, in the article, the author considered its ruling to be usable from the point of view of Islamic jurisprudence based on some Sharia proofs.