Views Of Scholars Research Articles

Determination of Materiality of Misrepresentation of Securities after Elimination of Preliminary Procedures

The new regulations on securities misrepresentation in China at the beginning of 2022 have clearly eliminated the need for the antecedent procedure, which has made the issue of the criteria for determining the materiality of securities misrepresentation ambiguous in academic circles, including in judicial practice. In this study, the authors focus on the issue of the criteria for determining the materiality of securities misrepresentation after the elimination of the antecedent procedure. In the course of the study, the authors mainly adopted the thesis analysis method and the case analysis method. Through analyzing the literature, the views of different scholars are combined with actual cases, and finally came to the conclusions. The significance of this study lies in the discussion and clarification of the standard of materiality determination after the elimination of the antecedent procedure, which will provide partial guidance for the academic discussion and judicial practice encountered in this issue.

THE REFLECTION OF THE PRINCIPLES OF PEACE IN THE WORKS OF MUHAMMAD SHAIBANI

The article talks about the principles aimed at preserving peace in the works of Muhammad Shaibani, a prominent representative of the Hanafi school. Muhammad Shaybani’s works are recognized by Hanafi scholars as authoritative sources of the maddhab. The scholar’s work “al-Siyar al-Kabir” is especially distinguished by its focus on the regulation of international relations between representatives of different religions in war and peace. As you know, Islam is essentially a religion of peace. It calls on people to put all their efforts in the way of ensuring peace and stability, to put an end to various conspiracies and mutual enmity. After all, peace is the basis of Islam. But today, the representatives of the bigoted movements are trying to describe the religion of Islam as a religion of war by misinterpreting the rules of war and peace contained in the verses and hadiths. The article describes the views of scholars of the Hanafi maddhab on the preservation of peace in Islam. Also, the essence of the rules given in the verses and hadiths in matters of war and peace is revealed. In particular, the opinions of Islamic scholars about the essence of the concept of “jihad”, which radical individuals are trying to distort its original meaning, are presented.

Kepemimpinan Perempuan Dalam Perspektif Hukum Islam

Discourse on women to date has been dialectical. Speculative viewpoints that are not in accordance with Islamic rules or law are forcibly used as a reference for supporters of patriarchal culture. Placing women inferior to men is not in accordance with the religious vision of Islam. Different views of scholars regarding the role of women in the public sphere need to be reviewed in order to provide a comprehensive and fair understanding. So, to answer and complement research that continues to answer the dilemmatization of women's leadership, the methods used are library research and comparative studies. The results showed that the thinking of KH. Hussein Muhammad and Asghar Ali Engineer have similarities and differences that are quite clear. Both agreed, supported and explicitly stated that the position of women as leaders is permissible in Islam. However, what is interesting is the difference in methods used by the two Muslim scholars.

METODE KRITIK MATAN HADIS PRESPEKTIF MASRUKHIN MUKHSIN

This paper departs from the author's hypothesis regarding to the critical studies of matan used by academics in measuring the validity of hadith. The critical theory used by these academics still needs to be studied and re-criticized whether it is specific to the theory developed by the Muhaddisin Mutaqaddimin and Mutaakhirin scholars who are known for their accuracy. Masrukhin Mukhsin reflects on the views of the hadith scholars above and schematizes the theory of Muqoronah, Muaradlah, al-Taufiq, I'lat, Syadz, contemporary as an answer to the anxiety of academics in studying the accuracy of matan. Departing from this, this paper will discuss 1) What are the methods used by researchers in criticizing the hadith matan? 2) Is the method they use enough to prove the validity of a hadith matan? This paper is a library research study with an analytical-descriptive approach. The results of this paper are proving that the critique method used by academics still does not use the right method in studying the critique of hadith matan, so it still needs to be re-examined regarding to the validity of the hadith matan.

Regarding the concept of employment contract as the basis for the emergence of employment legal relationships

The article is devoted to a comprehensive analysis of the concept of an employment contract as a basis for the emergence of labor relations, which characterize the interest and degree of will of the parties to such legal relations. Since the employment contract occupies a central place in the system of labor law, it regulates the will of the parties who conclude it. However, currently the provisions on the employment contract, labor relations arising from such a contract are enshrined in a rather old, in the opinion of the author, normative legal act, which causes the emergence of various approaches in the interpretation of the specific concept of the employment contract. The author considered the concept of an employment contract in accordance with the first part of Article 21 of the Labor Code (hereinafter - the Labor Code of Ukraine), Article 31 of the 2019 draft Labor Code of Ukraine. It was concluded that the concept of an employment contract according to Article 31 of the draft Labor Code of 2019 is more complete and relevant in relation to the definition regulated by the first part of Article 21 of the Labor Code of Ukraine at this stage of the development of legal science and legislation in Ukraine. Exactly in this definition of the concept of an employment contract that the employer's obligation to provide the employee with work and the employee's obligation to personally perform work in the employer's interests appear. Different views of legal scholars on this issue were analyzed and the features of this concept proposed by scientists were investigated. The author outlines the main features of an employment contract, among which it is worth highlighting: the will of the parties, timeliness, compliance with the written form, the extension of guarantees and benefits to the employee, etc. The article defines the moment of the emergence of labor relations, because, according to the author, it is not the same as the moment of concluding an employment contract, and therefore this issue deserves a more detailed consideration. The author also defined the classification and listed the types of employment contracts according to the following standards: according to the time criterion, open-ended, fixed-term employment contracts and contracts concluded for the duration of work are distinguished; according to the form of agreement, they are divided into oral and written; according to the form of labor organization, it is possible to distinguish a contract on out-work, a contract on remote work, an employment contract with non-fixed working hours, etc., and part three of Article 21 of the Labor Code of Ukraine provides for a special form of employment contract - a contract.

POST COVID-19 RULINGS OF ISLAMIC LAW ON PANDEMICS: AN ANALYTICAL STUDY WITH REFERENCE TO NECESSITY AND JURISTIC CREATIVITY IN MANAGEMENT OF CONSEQUENTIAL ISSUES RELATED TO nCOV-19 VIRUS.

Certainly, pandemics have been one of the most appalling threats to human life throughout the human history. It is an historical fact that billions of people have died because of contagious ailments. Presently, we are in the 21st century which is known for scientific and biomedical advancements. But unfortunately, we also became victims of a precarious pandemic named Covid-19. The most interesting thing is that the contemporary experts have not been able to discover any remedy for this treacherous disease yet. In this situation, the views of Islamic scholars have diversified whether religion has a cure for the pandemics? Being Muslims, we believe that Islam guides us via application of preventive and therapeutic measures for the preservation and protection of life as a primary objective of Islamic law. While responding to Covid-19 Pakistani Muslim population at large were more adherent to the legal edits and verdicts (fatwās) issued by religious clerics than the state authorities. Hence, they have acknowledged those rules and regulations which were mediated by religious scholars. In this back drop the present study is designed to investigate the post Covid-19 rulings of Islamic law on pandemics to assess whether the NIH and WHO SOPs/guidelines are compatible with Islamic injunctions? Consequently, this research found many examples in Prophetic Seerha (life) to get protection from pandemics and lethal diseases. Correspondingly, in this article, efforts are made to determine the moral, ethical and practical teachings of Islam to cure the pandemics and deadly diseases with special reference to Covid-19. Thus, an analytical approach is adopted with a qualitative research methodology. Resultantly, the researcher observed that Islam has a complete set of ethical code to prevent and protect from pandemics and fatal diseases. Therefore, it is argued that people should adopt the ethical teachings of Islam for infectious diseases keeping in view the contemporary biomedical norms. To combat pandemics in Pakistan, the state departments are required to heed towards religious guidelines while not forgetting the application of medication as suggested by physicians and experts of the field.

Concept of jihad for education

Jihad has a very broad context that encompasses many fields, each with its own definition. The term Jihad is also widely used by Muslims for a positive purpose that is to strive for good to gain the pleasure of God. However, non-Muslims and even some Muslims have a misconception about the true meaning of jihad, conflating it with a violent struggle to uphold one's religious beliefs. In addition, many Muslims and non-Muslims alike give a limited definition of jihad, claiming that it only refers to "Holy War". Therefore, this study will examine the concept of Jihad in general through the views of reliable scholars. In addition, the researcher will specifically examine the merits of Jihad in seeking knowledge based on the arguments of the Quran and Sunnah that are appropriate for this Jihad seeking knowledge. This study will use a data-based library which the descriptive analysis of the text will be used as the main mechanism to analyze the content of the text to collect data related to the concept of Jihad. This analysis takes into account the opinions and views of the scholars that they conclude based on the Quran and Sunnah in their books. This study demonstrates that seeking knowledge is a component of Jihad, which is highly demanded by Islam. Furthermore, the study relating to the concept of Jihad demonstrates that Jihad has a very broad scope, encompassing Jihad against lust, the devil, with property for the sake of Islam, and more.

Принцип неотвратимости уголовной ответственности и вопросы освобождения от неё

The article is devoted to the consideration of the implementation of the principle of the inevitability of criminal liability at the institute of exemption from criminal liability. The relevance of the topic is caused by the wide practice of applying norms on exemption from criminal liability and, as a result, the controversy that has been going on for several years in scientific area about the advisability of consolidating the above principle in the criminal legislation of Russia. The purpose of the work is to study the relationship between the principle of inevitability of criminal liability and the institution of its exemption, its implementation in the specified criminal law institute. In addition, using logical-legal, comparative-legal, structural and statistical research methods, the study analyzes various points of view of legal scholars on the
 designated problem, indicates the relationship of this principle with some other principles of criminal law in this criminal law institute. The author concludes that the criminal law institute under consideration and the above principle do not contradict each other, the former principle being a continuation of the latter. The inevitability of responsibility should be taken precisely through the prism of solving a crime, which allows to combine harmoniously the principle under the study and the institution of exemption from criminal liability in the current criminal law. In order to improve the effectiveness of the exemption of criminal liability from criminal law norms in the context of its inevitability, the article gives the author’s proposals for improving criminal law norms.

Esensi Gaya Hidup Minimalis: Studi Living Qur’an Surah Al-Furqan ayat 67 Perspektif Generasi Milenial di Kota Medan

The background of this research is the prevalence of unhealthy lifestyles among millennials lifestyles of extravagance wasting money flaunting wealth. Even though there are lifestyles that have a myriad of benefits when applied, they are none other than following a minimalist lifestyle. But sadly, minimalist life is not something that is coveted among millennials. In fact, in Surah Al-Furqan: 67 it is explained that we should not waste wealth excessively and should not be stingy with the assets we have. The formulation of the problem and the purpose of this study is to find out how contemporary classical scholars interpret Surah Al-Furqan: 67 and what is the essence of the minimalistic lifestyle according to millennials in Medan. The method used is phenomenology and interview qualitative method. The results of this study show the view of contemporary classical scholars that actually a minimalist lifestyle is that we can have and use it, but it is forbidden to overdo it. The nature of qanaah and zuhud really needs to be applied in living a lifestyle. Meanwhile, the application of a minimalist lifestyle in millennial society is still limited, because at the same time there are still many millennials who are competing to implement a hedonic lifestyle, but not a few are also starting to adopt a minimalist lifestyle by not following their passions to exaggerate in living life.

Challenges of and Suggestions for the Teaching of Basics of Mechanical Engineering in Vocational Colleges

Basics of Mechanical Engineering is a very important professional course. Its teaching quality directly affects the learning of subsequent courses, such as Mechanical Design Manufacturing and Automation. At present, the teaching quality of Basics of Mechanical Engineering in vocational colleges has been poor for a long time. In order to improve the teaching quality and students’ learning enthusiasm, this paper puts forward targeted suggestions based on the analysis of the problems in teaching. The views of scholars were first analyzed, we then analyzed the challenges faced by classroom teaching. Lastly, six targeted suggestions are given. The suggestions put forward in this study can act as teaching innovations in vocational colleges.

Labor and legal status of aviation personnel in the system of the Ministry of Internal Affairs of Ukraine and its peculiarities

The relevance and necessity of analyzing and thoroughly researching the issue of legal regulation of aviation personnel’s labor in the system of the Ministry of Internal Affairs of Ukraine is due to the specific focus of aviation personnel’s labor activity, unlike other mass professions and specialties, the use of sources of the increased danger, the strenuous nature of work, and various external conditions under which the labor function is realized, as well as the availability of proper health conditions defined by standards and requirements, mandatory certification and admission of aviation personnel to activities in the aviation industry, the mandatory certification and admission of aviation personnel to activities in the aviation industry, and the performance by aviation personnel, along with their professional duties, of a law enforcement function aimed at ensuring and maintaining order in the State and society, and increasing the country’s defense capability. Therefore, the solution of problems arising within the framework of labor relations in the field of aviation is one of the important components of the analysis of the labor and legal status of aviation personnel in the aviation component of the Ministry of Internal Affairs system.
 Based on the analysis of scientific views of scholars, it has been examined theoretical approaches to the definition of the concepts of “status”, “social status”, “legal status”, “labor legal personality”, and elements of the employee’s labor and legal status; based on the analysis of regulations, the author has examined the requirements for aviation personnel. It has been determined the peculiarities of the labor and legal status of aviation personnel in the system of the Ministry of Internal Affairs of Ukraine: aviation orientation of the labor function; compliance with the qualification requirements on a professional basis, which involves mastering knowledge in the aviation industry, practical preparedness and training of flight personnel, special requirements regarding age, health status of a person, and proper knowledge of a foreign language; mandatory certification and admission of aviation personnel to aviation activities in accordance with the aviation rules of Ukraine, availability of a duly issued certificate; regulation of the labor status of aviation personnel by both general and special rules; performance of law enforcement functions by aviation personnel in the system of the Ministry of Internal Affairs of Ukraine aimed at realization of the interests of the state extremely important for the protection of law and order and security in the state and society; special regulation of working hours, rest periods, responsibilities, and guarantees that contribute to the stability of labor relations. Considering the established features, it has beendefined the labor and legal status of aviation personnel in the system of the Ministry of Internal Affairs of Ukraine.

Aspekty prawne pozarejestracyjnego leczenia „medyczną marihuaną” pacjentów chorych terminalnie – eksperyment medyczny czy realizacja prawa pacjenta do pobierania świadczeń zgodnych z aktualną wiedzą medyczną?

The subject of the use of medicinal products containing “medical marijuana” during the therapy of terminal patients has been the subject of extensive discussion until recently. Currently, such action is legal, but questions still arise not so much about the possibility of using medical marijuana in the treatment of terminally ill patients, but about the implementation of off-label use treatment. The analysis of the applicable legal provisions, views of scholars in the field, and the case law allow us to conclude that treatment involving medical marijuana inconsistently with the SmPC (Summary of Product Characteristics) is an acceptable action that should not be equated with a therapeutic experiment in the strict sense. The above is confirmed by the admissibility of using marijuana raw materials as the basis for the preparation of a pharmacy-compounded (prescription) medicine. The production of pharmacy-compounded drugs requires the use of pharmaceutical raw materials, the amount and composition of which depend on an independent decision of the person prescribing the medicine. The admissibility of any composition of the contents of a pharmacy-compounded drug containing medical marijuana speaks for the admissibility of its use in any way. The above leads to adoption of similar requirements in relation to pre-made drugs containing marijuana. Regardless of the admissibility of using medical marijuana outside the SmPC or in the form of a compounded drug, medical marijuana treatment is the implementation of the patient’s right to treat pain and receive health services in accordance with the current state of medical knowledge.

A Realistic Approach Towards Attaining Sustainable Environment Through Improved Public Participation in Nigeria

Purpose: The aim of this study is to examine the critical need for effective public participation in Nigeria as a means of enhancing sustainable development and cooperation among Indigenous peoples, as well as to advocate for the removal of legislative, judicial, and administrative barriers to participation in environmental law governance. Theoretical Framework: The existing literature has failed to address the gamut of legal, regulatory, and declarations (particularly Principle 10 of Rio 1992) and administrative frameworks for environmental protection and governance in Nigeria. These appeared to be a farce, hence the refusal to integrate the public and stakeholders’ opinions in environmental management that may conflict with official government policy. Design/Methodology/Approach: The doctrinal method of analysis was adopted. It was based on current materials and drew on contrasting views of learned authors and scholars, as well as various legislative sources. Data was obtained using texts, articles, journals, case law, electronic sources, legislation, and other policy documents. Findings: The results shows how the present legal and regulatory framework for the protection of the environment in Nigeria contradicts the concept of improved public participation. Research, Practical & Social implications: The study suggest the development of an effective legislative framework that incorporates the guiding principles of global public participation initiatives for environmental sustainability. Originality/Value: The value of the study reveals the global significance and the potential of public participation to improve the sustainability of the environment in Nigeria are essential to advancing the status of Principle 10 of the Rio Declaration as an emergent customary international law.

Where (and When) Did the Authors of Joshua 10:1–39, 11:1–15 Live?

Abstract This article challenges a common scholarly view regarding Josh 10:1–39, 11:1–15. The first edition of these episodes is commonly attributed to Judean authors. I offer arguments in favor of a northern Israelite provenance of the first edition, assessing the extracts for which there is convincing evidence of such provenance. I also critically examine the arguments in favor of a Judean composition, rejecting some of them, reevaluating others, and determining pieces of text within 10:1–39, 11:1–15 for which there is in fact convincing evidence of Judean authorship. Much of the analysis is focused on the level of familiarity with different regions of Eretz-Israel exhibited in different parts of the text. In addition, any portion within these episodes for which the geographical setting of composition can be determined is placed along the time line of the episodes’ textual development. Whenever possible I suggest the approximate date of composition for a text and assess whether the extract under discussion belongs to a relatively early layer or to a late, redactional one. I conclude that the first edition of 10:1–39, 11:1–15 was composed in the northern kingdom of Israel before 722 BCE, and that this edition was later revised and expanded by Judean authors, probably in the seventh century BCE.

Islamic Education in Malaysia: Concept, Philosophy and Objectives

This concept paper intended to examine the concept of Islamic Education, the Philosophy of Islamic Education and the Objectives of Islamic Education according to the point of view of Islamic Education scholars from Malaysia and overseas. The concept of Islamic Education was detailed according to the definition of language and terms. This concept paper also listed the four central aspects supporting Islamic Education Philosophy formation. This concept paper also presented a framework of the principal objectives of Islamic Education which is the result of research on articles related to the purposes of Islamic Education. The determination of the hierarchical priority of Islamic Education goals was carried out using the Atlas.ti Software version 9. The framework of primary objectives of Islamic Education was structured according to the discovery of the most frequent codes. The conclusion verified the highest hierarchy as knowing Allah, The Creator, followed by producing great people and practising Islamic teachings.

Pengembangan Media Promosi Melalui Tiktok Menurut Perspektif Ulama

Social media is a gathering place for information from various parts of the world. Social media has experienced an increase in its users, especially the Tiktok application, which has been downloaded 1.46 billion times in 2022. Tiktok itself is a social media for sharing short videos in a vertical format. Tiktok social media nowadays has become a strategic place in marketing a product or brand that consumers can easily reach. Promotion using social media tiktok is a step from a seller so that his product is known and consumers are interested in buying it. Which adjusts to today by looking at the various and varied promotions now. This study aims to look at the various views of scholars on the development of promotional media through the social media Tiktok. know the development of Tiktok application-based promotional media to increase buying interest. and can find out the feasibility of promotional media based on the tiktok application. the research method used is a qualitative descriptive method with data collection used includes interviews, observation, documentation.

Decrypting the Effect of COVID-19 Pandemic on Food and Nutrition Security in Kenya

Globally, there has been tremendous effort towards ending hunger and malnutrition in all its forms by the year 2030. These efforts have not realized the desired results due to conflicts within and without countries, climate variability and extremes, and economic slowdowns and downturns. In Kenya, food and nutrition insecurity existed even before the emergence of COVID-19 pandemic. With the occurrence of the pandemic, food systems and food supply chains relied upon by the population to access sufficient and affordable food of high nutritional value further worsened the already unfavorable situation. The gradual shocks and interruptions on food systems and food supply chains by the climate change, high poverty levels, income inequality, high cost of healthy diets, labor shortages coupled with global recession and pandemic containment measures required urgent attention and timely interventions to protect the vulnerable population. This view point paper provides an insight of the effect of COVID-19 pandemic on food and nutrition security, and the trends affecting food systems. The paper adopted descriptive approach which utilized an array of contemporary scholarly views and their research outputs on food and nutrition security which resonated with the Kenyan situation. The study findings emphasized on the need to adopt a multidisciplinary and multifaceted approach when addressing food and nutrition security even at the time of a pandemic in order to achieve the intent for the realization of the right to food of high nutritional value. The study revealed that Kenya should adopt diverse strategies for enhancing food and nutrition security, thus including crop diversification, crop bio-fortification, research on genomics and precision breeding, agroecology technique application, capacity building of extension workers, investing in climate smart agriculture and adoption of human centered design model to enhance resilient food systems. The findings will be vital to policy and decision-makers responsible for food and nutrition security.

Missing Persons (Al-Mafqud) and its Relationship With Nafaqah According to Sharia Perspective

Nafaqah is a support that is obligatory on men to provide for people under their care such as wives, children and parents. It includes protection, care and financing from aspects of food, clothing, shelter and so on. However, there is a situation that is suspected to cause the people under responsibility to lose their place of dependence such as the husband disappearing for a long time and his life or death status being unknown (al-mafqud). Since the sharia stipulates that the missing person's property cannot be used until the status of al-mafqud is confirmed, it raises the question of the obligation of nafaqah during the time of missing. Therefore, this article aims to: • Find out the views of scholars related to nafaqah and its types • Study the law on al-mafqud nafaqah according to the shariah perspective • Examine the parties responsible for al-mafqud maintenance throughout its loss The analysis involves two conditions of al-mafqud, which are al-mafqud as a family breadwinner and al-mafqud as dependants in the family. This author will also analyze using qualitative methods and analysis of primary and secondary sources such as books and scientific articles. The results of the study found that nafaqah must be given even if the person has disappeared, but it is subject to only two groups, namely the wife and children. Maintenance for both parents depends on the implementation of al-mafqud before he disappears. On the other hand, the missing dependent person is not obligated to be given their nafaqah until al-mafqud returns alive, except for the wife if they claim the right of nafaqah during her missing. This article is expected to provide guidance to wives, children and parents regarding their nafaqah rights in the event of al-mafqud situation as well as explain the party responsible for carrying out nafaqah obligations throughout the period of the missing.

:Untangling Blackness in Greek Antiquity

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Criminal Charge (Criminal Prosecution) as a Function of the Prosecutor’s Office of the Russian Empire after the Judicial Reform of 1864

The paper examines the normative foundations and theoretical views of pre-Soviet and modern scholars on the concept and content of a criminal charge (criminal prosecution) as a function of the Prosecutor ‘s Office of the Russian Empire after the judicial reform of 1864. The author shows the correlation between this function and supervising function in the prosecutor’s office activities. The paper analyzes legal terminology related to criminal prosecution and shows that there is a dual approach of researchers to the concept of this function as a certain «requirement» or «activity». The author considers the content of the initial and final charges and related controversial issues, in particular on the implementation of prosecutorial criminal prosecution at the stage of preliminary investigation. The connection between pre-Soviet and modern science in approaches to the analysis of the accusation function is shown.The author concludes that due to the judicial reform of 1864, the prosecutor’s office was assigned a new function of making charges, which became the main one in its activities. The legislation included «detection of crimes and prosecution of perpetrators» in the content of the prosecution function, but did not define the concept of prosecution. In this regard, the science and departmental regulations of the Prosecutor’s office in the content of criminal prosecution in a broad sense included almost all the activities of the prosecutor in the criminal process. The prosecutor initiated such prosecution by initiating criminal cases and during the preliminary investigation carried it out through prosecutorial supervision. The prosecutor initiated criminal prosecution against particular persons either directly at the initiation of a criminal case, or indirectly during the supervision of the investigation, or directly at the stage of trial in cases in which the investigation was not conducted. Despite the fact that the prosecutor did not initiate the initial charge in all criminal cases, at the stage of bringing to court he formulated his final charge in all cases in which he considered the guilt of the accused proven.