Perspective Of Jurisprudence Research Articles

ANALISIS PERCAMPURAN TEMPAT JUAL BELI PRODUK HALAL DAN NON HALAL DITINJAU BERDASARKAN PERSPEKTIF FIKIH MUAMALAH DAN HUKUM POSITIF. (Studi kasus : COFFEE SHOP A)

Abstract. This study aims to analyze the practice of mixing and buying and selling halal and non-halal beverage products carried out in one Coffee Shop A business place that is not in accordance with the laws and regulations of Muamalah Jurisprudence in carrying out business practices. The analysis will be reviewed using the perspective of Muamalah Jurisprudence and Positive Law. This research uses descriptive qualitative methods with an empirical normative approach, namely to parse problems based on reality phenomena that occur in the field. The results of research from observations and interviews analyzed by the author found that there are many discrepancies in buying and selling such as selling halal and non-halal products in the same place of business, making between halal and non-halal products is carried out in the same kitchen, mixing production equipment between halal and non-halal products, there is no information that the place sells non-halal products in the form of signs and stickers at the place of business, ignorance of business actors to laws and regulations in running a business. Meanwhile, in the review according to the perspective of muamalah jurisprudence on the practice of mixing and buying and selling halal and non-halal products in one place at Coffee Shop A. Not in accordance with the perspective of muamalah jurisprudence reviewed through the Qur'an, hadith, and ijma.

Ruling of lost inheritance from the perspective of Islamic jurisprudence and civil law of Afghanistan

:چکیده میراث یکی از جمله موضوعات مهم است که احکام آن پس از مرگ حقیقی و یا حکمی (مفقودیت) شخص در رابطه به اموال او به وارثینش تعلق میگیرد. حق ارث در قانون مدنی افغانستان و فقه اسلامی یکی از جمله طرق کسب ملکیت شناخته شده و احکام مشخص خود را دارد، و درین رساله حکم میراث شخص مفقود در پرتو فقه اسلامی و قانون مدنی مورد بحث قرار گرفته است. هدف اساسی این تحقیق بیان احکام و قواعد فقهی میراث مفقود میباشد. احکام میراث مفقود نقش بارز در تحقق عدالت دارد؛ زیرا با آشنایی این قواعد از یک طرف سبب میشود تا اشخاص حقوق خود را نسبت به اموال مورث خویش بشناسند و از طرف دیگر زمینه ی اجرای عدالت اجتماعی را برای دست اندرکاران مسؤلین بخش عدلی و قضایی آسان و فراهم میسازد. با توجه به منابع فقه اسلامی و قانون مدنی به این نتیجه رسیدیم که شخص مفقود دو حالت دارد: یکی اینکه نسبت به اموال مورث خود به صفت وارث قرار گرفته حق وی تا زمان برگشت و یا حکم به وفات آن از طرف قاضی موقوف و محفوظ گذاشته میشود و در حالت دوم مفقود به عنوان مورث قرار میگرد و اموال وی الی زمان صدور حکم حاکم قابل تقسیم نمیباشد. و مدت زمان برای انتظار مفقود میان فقهاء اختلاف نظر است که به روایت راجح این مدت زمان موکول به رأی و اجتهاد قاضی میباشد. قابل ذکر است در این تحقیق به مطالعه تحلیل و ارزیابی مطالب و مباحث فقهی، از روش توصیفی – تحلیلی و در گردآوری مطالب آن از روش کتاب‌خانه‌ای بهره برداری صورت گرفته است. :واژه های کلیدی حکم، میراث، فرائض،حق، مفقود، مال، موقوف

Critical Perspectives on the New Situation of Global Ocean Governance

Global ocean governance is the concretization of global governance. Various interest groups interact with and coordinate ocean issues. Global ocean governance is inevitably linked to the new global governance landscape. In recent years, a series of new scenarios in global governance have emerged. These situations have further shaped the plurality of participants and the diversity of mechanisms in global ocean governance. Science and technology innovation and application are prerequisites and prime movers for the evolution of global ocean governance. Major worldwide crises, represented by global climate change and the coronavirus disease 2019 pandemic, have added great uncertainty to the future development of global ocean governance. The divergence of interests and positions between emerging countries and developed countries, as well as the reshaping of the global geopolitical landscape in recent years, has led to the stagnation or deadlock of a series of international negotiations and international cooperation platforms related to global ocean governance. With the deepening of global governance, non-state actors are not only objects of ocean governance but also bearers of legal obligations and enjoy varying degrees of legal rights, participating in agenda setting, rule construction, and monitoring implementation at different levels of ocean governance. From a critical jurisprudence perspective, in the practice of global ocean governance, the relationship between non-governmental organizations, states, and international organizations is more likely to be one of reconciliation than the “state–civil society” dichotomy of moral imagination. This new set of circumstances exposes the divisive and fragmented nature of global ocean governance. This study concludes that the new situation of global ocean governance constitutes a historic opportunity for countries to reexamine the role of the rule of law during the Anthropocene to bridge the fragmentation and gaps in mechanisms and achieve a truly integrated, holistic, and closely nested global ocean governance. The question of how to implement the rule of law requires the introduction of theoretical perspectives such as the Anthropocene, complex systems theory, and the community of a shared future for humanity to undertake a fundamental critical reflection and rethinking of global ocean governance.

Correlation of actual time since death with estimated time of death by measuring proteins concentration in cadaveric cerebrospinal fluid

Background and Objective: Postmortem Interval (PMI) is the time interval from death upto conducting autopsy of deceased. PMI is an overbearing perspective of medical jurisprudence used to support beholders claim, corroborate the potential in provided proof and serve as evidence for further action. The objective of this study is to estimate the time since death by measuring proteins concentration in cadaveric cerebrospinal fluid.
 Methods: This cross-sectional study conducted at Forensic Medicine and Toxicology Department of Allama Iqbal Medical College, Lahore for 1 year from February 2022 to 2023 in 50 dead bodies included through non probability consecutive sampling. After informed consent, CSF sample was taken by using lumbar puncture technique and quantitative values of proteins were obtained automatically through auto-biochemical analyzer. Data was analyzed through SPSS version 25. The relation between time of death and time estimated on CSF proteins was measured by calculating Pearson’s correlation coefficient. P-value ≤ 0.05 was taken as statistically significant.
 Results: Out of 50 bodies, 25 (50%) were male bodies and 25 (50%) were female bodies. The female to male ratio was 1: 1. Mean actual time of death was 73.46 ± 33.82 hours, while the estimated time of death on CSF protein assessment was 71.54 ± 31.92 hours. The mean CSF fluid level was observed was 170.26 ± 88.61 mm3. A significantly strong positive correlation was observed between time estimated by using protein level in CSF fluid and actual time of death i.e. r =0.952 (p-value <0.0001).
 Conclusion: CSF proteins have good correlation value for postmortem interval. It can be beneficial in estimating time of death in unknown bodies.

كلمة العدد (الإنجليزي)

كلمة العدد (الإنجليزي)

Sale by installments and the like in the Islamic jurisprudential perspective

Sale by installments and the like in the Islamic jurisprudential perspective

Legal error as a concept of general theoretical jurisprudence

Introduction. After presenting error as a social phenomenon, the article focuses on legal error, which is understood as a legally significant action (or inaction) in a state of good faith delusion, the result of which does not correspond to its purpose(s), can or should be corrected, and does not or does not entail legal liability. The author formulates the concept of a legal error, identifies its main features, and also creates a classification of its main types (by legal qualification). The purpose of the article is primarily to characterize legal error from the perspective of general theoretical jurisprudence, to define it as a generic legal concept with justification of its terminological form and internal logic. Summary of the main research results. "Mistake" is a well-established social phenomenon. One of its types is a legal error. According to its main features (objective and subjective), it is a legally significant (lawful, unlawful) behavior in the form of action or inaction; it is behavior in a state of good faith delusion; it is behavior whose result does not correspond to its purpose(s); its negative (undesirable) result can or should be corrected; it is behavior that does not or does not entail legal liability. The distinction between the types of legal error ("by legal qualification") indicates that it is: lawful behavior (permissible); objectively unlawful act ("innocent act"); error ("positive", "negative" by consequences) in the unlawfulness of an act; error as a purposeful result of an offense (deception). Conclusions. According to the legal qualification, a legal error is a dualistic phenomenon, it is a lawful or unlawful action (inaction). The unconsciousness of an error in thinking is traditionally reflected in the term "bona fide delusion" (awareness of an error means the absence of a "state of delusion"). According to the source of the delusion, it is necessary to distinguish between action (inaction) in a state of delusion as a result of a mistake and action (inaction) in a state of delusion as a result of deception. The teleological inadequacy ("target irrelevance") of the result of behavior is an external expression of the error of a specific targeted action (inaction) of a person as a subject of goal setting. A legal error as an objectively unlawful act (an innocent act which makes intent as a form of guilt impossible) is a law implementation error which draws attention to the need to distinguish between an "honest mistake" and an "intentional mistake" (having the features of "deception", "falsification") as opposite phenomena. The classification of types of legal error is not limited to its understanding as an objectively unlawful act, to its typology by types of legal activity. This classification generally applies to both lawful and unlawful behavior of legal entities.

Civil-Military Relationship in a Democratic Pakistan

The paper explores the futuristic calibration of Pakistan’s constitutional development and its interpretation through precedents in the face of multiple sociopolitical, socioeconomic, and legal challenges. In particular, it analyzes the essential normative characteristics of constitutional legal framework based on separation of powers between pillars of the state vis-à-vis civil-military relationship. The article attempts to assess the constitutional direction from a broader legal and jurisprudential perspective meant to provide an avenue of progress and prosperity through its compatibility with sociopolitical norms. The main inquiry of the article is whether the constitutional evolution of Pakistan as a democratic state would be able to withstand the burden of contemporary socioeconomic, sociopolitical, and geopolitical challenges in creating a balance of power between civil and military institutions or would lead to more blurred boundaries instigating institutional conflicts and interventionist models. The paper through legal lens draws upon theories of legal positivism and its critique to understand the constitutional legitimacy of military interventions in democratic and political system. It covers the literature gap in analyzing jurisprudential approach of Pakistan’s judiciary as custodian of constitutional and democratic norms vis-à-vis constitutional scheme of civil-military relations, and its institutionalization in comparison with other international models suggesting pragmatic civilian control. In the end, the paper recommends a comprehensive institutional framework carved out of domestic realities as well as internationally-recognized constitutional schemes.

Penetapan Waktu Wajib Zakat Fitrah Dalam Perspektif Fikih dan Ilmu Falak

The determination of the mandatory time to issue zakat fitrah has been dominated by the perspective of jurisprudence, even though the time of issuing zakat fitrah is closely related to the Hijri calendar system. Currently, the criteria in the preparation of the Hijri calendar system have varied, in Indonesia alone, there are criteria for the true hisab of the hilal title, there are also the criteria for the true hisab of imkan rukyat, and there are also the criteria for the rukyah hilal. In the perspective of jurisprudence, the mandatory time to issue zakat fitrah is the night of 1 Shawwal for people who live from Ramadan to enter Shawwal, if one of the months is not found, then it is not mandatory to issue zakat fitrah for him. In terms of science, the beginning of the Hijri month is greatly influenced by the criteria used, there are hisab criteria and there are rukyat criteria. It is very likely that there is a difference in the determination of 1 Shawwal between the two criteria. This difference will have an impact on the mandatory time to issue zakat fitrah. This study concluded that the mandatory time to issue zakat fitrah depends on the criteria for determining the beginning of the Hijri month that he believes, so the difference in determining the mandatory time to issue zakat fitrah is very wide open as long as the criteria for the Hijri calendar have not been uniform.

Tourism From the Perspective of Islamic Jurisprudence

Tourism From the Perspective of Islamic Jurisprudence

PEMBELAJARAN DARAH WANITA DALAM MATA PELAJARAN SAINS KURIKULUM STANDARD SEKOLAH MENENGAH (KSSM): SATU ANALISIS PERBANDINGAN ANTARA PERSPEKTIF FIQH DAN SAINS

Muslim men and women are required to study the corpus of knowledge known as women's blood education, which includes the science of menstruation, childbirth, and istihadah, as well as the related laws. This is due to the fact that the knowledge of women's blood is one of the sub-discussions under the chapter on worship, which contains laws pertaining to the fundamentals of Islam, such as prayer, fasting, and Hajj. At the secondary education level, this topic is introduced to 13-year-old Form 1 students through Form 1 science classes that include a subtopic on the menstrual cycle. The content analysis revealed, however, that there is a significant difference between the menstrual cycle learning content included in the Standard Document for Curriculum and Assessment (DSKP) of Form 1 science subjects and the discussion of the menstrual cycle from the perspective of jurisprudence, which has implications from the standpoint of legal determination. Therefore, the purpose of this article is to compare the discussion of menstrual blood written in the Standard Document for Curriculum and Assessment DSKP of Science KSSM Form 1 in Malaysia with the discussion of menstruation from a jurisprudential perspective in order to provide students with a correct understanding and prevent the existence of misunderstandings in determining the status of menstrual blood and istihadah in their subsequent learning. This research employs the comparative method to analyse multiple documents pertaining to the disciplines of science and fiqh. Analysed documents included the Standard Document for Curriculum and Assessment DSKP for Science subjects in the Malaysian Secondary School Standard Curriculum (KSSM), the Malaysian KSSM Form 1 Science textbook, the Syafi'i school of law, articles, and scientific studies. According to the results of the analysis, there are three differences in the input about menstrual blood that is placed in the textbook of Science subjects Form 1 with the discussion of menstruation from the perspective of the law, namely the age of puberty, the age of menopause, and the menstrual cycle. The differences in the input of menstruation learning content necessitate a clear understanding and comprehension of this subject specifically in the subject of Islamic Education under the subtopic of worship. Therefore, cooperation from all parties, including instructors, the administration, and the government, is crucial so that all students can learn about women's blood in school, thereby enabling them to worship with greater assurance.

Analysis of the Principles of Inheritance and Succession in Ferdowsi's Shahnameh from the Perspective of Islamic Jurisprudence

Analysis of the Principles of Inheritance and Succession in Ferdowsi's Shahnameh from the Perspective of Islamic Jurisprudence

Sex offender registration and notification act with adolescents adjudicated for illegal sexual behavior: a therapeutic jurisprudence perspective.

Adolescents adjudicated for illegal sexual behavior (AISB) are subjected to the same Sex Offender Registration and Notification Act (SORNA) policies as adults with sexual offense histories despite current research documenting their relatively low likelihood of recidivism. Therapeutic jurisprudence is a framework which suggests the law should value psychological well-being and strive to avoid imposing anti-therapeutic consequences. The purpose of this article is to analyze the use of SORNA policies with AISB from a therapeutic jurisprudence perspective. Given the current literature documenting the collateral consequences of SORNA on AISB and their families and the lack of efficacy in reducing recidivism, we argue SORNA should not be applied to children and adolescents. We conclude with a discussion of future directions for the juvenile justice system and public policy reform.

The Development Of Jurisprudential Consideration In Contemporary Financial Transactions


 
 
 
 ABSTRACT
 Banking transactions in Islamic banks are in continuous development and renewal. The issue of organized banking tawarruq is old in terms of its origin, and new in view of its entry into Islamic banks. Dealing with it may result in a number of risks, as it may have benefits. Accordingly, this research addresses this issue, which is recognized in many Islamic banks. There are many personal Jurisprudential perspectives that vary between permitting, prohibiting, discontinuing, and setting conditions. The Researchers set some controlling procedures to handle this catastrophe. The research follows certain methods such as the inductive approach based on extrapolating what was written on the subject of Tawarruq in previous researches and articles. In addition, the research follows the descriptive approach based on describing the data of the subject under study in an accurate way, and the analytical approach based on interpretation, comparison, deduction, and criticism.
 
 
 

Pandangan Islam Terhadap Pengembangan Dan Pemanfaatan Sains Dan Teknologi

The development and use of technology as a human activity in the perspective of Islamic jurisprudence is included in the category of something that is subject to law. So this activity must also be closely related to Islamic law itself, starting from taklifi law to wadl'i law. This research is a literature study. In data collection techniques, the authors explore scientific papers as well as several credible sites that discuss topics regarding Islam and technology, such as credible news sites, scientific papers obtained from several journals, both from Islamic journals. as well as universal journals such as the Technology Journal. The results of this discussion show that, 1. Islamic Views in the Development and Utilization of Science and Technology, including: a) Islamic views in the Development and Utilization of Science and Technology, studying and developing a technology as a tool for the benefit of human life has several advantages starting from fiqh law , moral values, to evidence of servitude to Allah SWT. b) Shari'a Goals in the Development and Utilization of Technology. In summary, if a technology has become a medium/tool in realizing the needs of human life: primary, secondary, and tertiary needs, then the law of technological development which was originally fardu kifayah can turn into fardu ain, sunah, and as a priority. c) The Islamic view on the use or use of technology, the use or use of technology is very close to the purpose of using the technology itself. d) The Polemic on the Use of Loudspeaker Technology (Toa), the use of loudspeakers in the range of 100 db as stated by the Minister of Religion in his circular letter is makruh, it can even be illegal. 2. Development and utilization of science and technology in terms of benefit and resistance to damage in Islam, including: a) Maslahat and Mafsadat levels, religious orders to create benefit are orders to realize various good deeds (al-ihsānu). While the essence of good deeds is the activity of realizing benefit and resisting damage. b) How to determine Benefit and Harm, Ukhrowi, Shari'a (an-Naqlu wa asSyar`i) and Worldly, Intellect, experimentation, and customs (al-`aqlu wa at- Tajarrubu Wa al-Ādatu) c) Charities Human Actions in the Perspective of Generating Benefit and Rejecting Damage, Benefit (al-maṣlahatu), Cause of worldly benefit, Cause of ukhrowi benefit and Cause of worldly and ukhrowi benefit ) Science and Technology as Tools and Media to Realize Benefit and Refuse Damage, media law is in harmony with the law of the purpose of using the media itself. If the goal is unlawful, makruh, obligatory mubah, or sunna, then media law and the cause is also unlawful, makruh, mubah, obligatory, or sunnah

Animal Abuse in the View of Islamic Criminal Law

Islam as the majority religion in Indonesia teaches us to be a mercy to the universe, including taking care of animals on earth. However, Indonesia is the country with the largest number of downloaders of animal abuse content in the world. Therefore, the purpose of this study is to analyze these problems from the perspective of jurisprudence. The research method used is normative legal research with a statutory approach and analysis of Islamic legal theories. The results of this study indicate that the crime of mistreatment of animals in Indonesia is regulated in the Criminal Code (KUHP) Article 302 and Article 540, as well as Law Number 18 of 2009 as amended by Law Number 41 of 2014 concerning Animal Husbandry and Health. Animal abuse in jinayah fiqh is included in the ta'zir finger, in which the level and punishment are determined by the government ( ulil amri ).

Înregistrarea ca marcă a numelui unei culori – într-o cheie semiotică OFF-WHITE în cromatica mărcilor

From a jurisprudential perspective, we will approach the relevance of the name of a colour describing aspects related to the definition of the name from a dictionary and the meaning of the distinctive character. The analysis will be drawn taking into consideration the case Off-White LLC v. EUIPO highlighting the symbolic value of trademark and colour name in the frame of two main verbs (to differentiate and to identify) that establish the functions of a trademark.

Tindak Pidana Penganiayaan terhadap Hewan Perspektif Fikih Jinayah

Animals are often humans' pets, which are useful for playing, making friends, or acting as guardians. but some people actually use animals, exploit, abuse, and even kill them for certain interests. Currently, the problem of mistreatment of animals is increasingly apprehensive. Through information in various media, cases of mistreatment of animals can be identified. Islam as the majority religion in Indonesia teaches to be a mercy to the universe, including taking care of animals on earth. However, Indonesia is the country with the largest number of downloaders of animal abuse content in the world. Therefore, the purpose of this study is to analyze these problems in the perspective of jurisprudence. The research method used is normative legal research with a statutory approach and analysis of Islamic legal theories. The results of this study indicate that the crime of mistreatment of animals in Indonesia is regulated in the Criminal Code (KUHP) Article 302 and Article 540, as well as Law Number 18 of 2009 as amended by Law Number 41 of 2014 concerning Animal Husbandry and Health. Animal abuse in jinayah fiqh is included in the jarimah ta'zir, in which the level and punishment is determined by the government (ulil amri).

Women as Intellectual Actors: Shafi'i Jurisprudence Perspectives and Gender Justice

Women as Intellectual Actors: Shafi'i Jurisprudence Perspectives and Gender Justice

Evaluating E-Wallet and Its Advantages in E-Marketplaces from an Islamic Jurisprudence Perspective

Evaluating E-Wallet and Its Advantages in E-Marketplaces from an Islamic Jurisprudence Perspective