WorldWideScience

Sample records for islamic law states

  1. Islamic bioethics: between sacred law, lived experiences, and state authority.

    Science.gov (United States)

    Padela, Aasim I

    2013-04-01

    There is burgeoning interest in the field of "Islamic" bioethics within public and professional circles, and both healthcare practitioners and academic scholars deploy their respective expertise in attempts to cohere a discipline of inquiry that addresses the needs of contemporary bioethics stakeholders while using resources from within the Islamic ethico-legal tradition. This manuscript serves as an introduction to the present thematic issue dedicated to Islamic bioethics. Using the collection of papers as a guide the paper outlines several critical questions that a comprehensive and cohesive Islamic bioethical theory must address: (i) What are the relationships between Islamic law (Sharī'ah), moral theology (uṣūl al-Fiqh), and Islamic bioethics? (ii) What is the relationship between an Islamic bioethics and the lived experiences of Muslims? and (iii) What is the relationship between Islamic bioethics and the state? This manuscript, and the papers in this special collection, provides insight into how Islamic bioethicists and Muslim communities are addressing some of these questions, and aims to spur further dialogue around these overaching questions as Islamic bioethics coalesces into a true field of scholarly and practical inquiry.

  2. Islamic Law

    Directory of Open Access Journals (Sweden)

    Doranda Maracineanu

    2009-06-01

    Full Text Available The law system of a State represents the body of rules passed or recognized by that State inorder to regulate the social relationships, rules that must be freely obeyed by their recipients, otherwisethe State intervening with its coercive power. Throughout the development of the society, pedants havebeen particularly interested in the issue of law systems, each supporting various classifications; theclassification that has remained is the one distinguishing between the Anglo-Saxon, the Roman-German,the religious and respectively the communist law systems. The third main international law system is theMuslim one, founded on the Muslim religion – the Islam. The Islam promotes the idea that Allah createdthe law and therefore it must be preserved and observed as such. Etymologically, the Arabian word“Islam” means “to be wanted, to obey” implying the fact that this law system promotes total andunconditioned submission to Allah. The Islamic law is not built on somebody of laws or leading cases,but has as source. The Islam is meant as a universal religion, the Koran promoting the idea of the unityof mankind; thus, one of the precepts in the Koran asserts that “all men are equal (…, there is nodifference between a white man and a black man, between one who is Arabian and one who is not,except for the measure in which they fear God.” The Koran is founded mainly on the Talmud, Hebrewsource of inspiration, and only on very few Christian sources. The Islam does not forward ideas whichcannot be materialized; on the contrary its ideas are purely practical, easy to be observed by the commonman, ideas subordinated to the principle of monotheism. The uncertainties and gaps of the Koran, whichhave been felt along the years, imposed the need for another set of rules, meant to supplement it – that isSunna. Sunna represents a body of laws and, consequently, the second source of the Koran. Sunnanarrates the life of the prophet Mohamed, the model to

  3. Islamic Law

    OpenAIRE

    Doranda Maracineanu

    2009-01-01

    The law system of a State represents the body of rules passed or recognized by that State inorder to regulate the social relationships, rules that must be freely obeyed by their recipients, otherwisethe State intervening with its coercive power. Throughout the development of the society, pedants havebeen particularly interested in the issue of law systems, each supporting various classifications; theclassification that has remained is the one distinguishing between the Anglo-Saxon, the Roman-...

  4. Islamic law of tort

    OpenAIRE

    Mohamad, Abdul Basir Bin

    1997-01-01

    The aim of this thesis is to discover cases and principles governing tort in Islamic law. The study is divided into six chapters, an introduction and a conclusion. The Introduction contains the explanation of the general characteristic of crime and tort, the scope, the importance of the study, methodology and the relevant literature of the thesis. Chapter one defines Western and Islamic law of tort, the existence of tort in Islām, some similar concepts between Western and Islām on the law o...

  5. Democracy from Islamic law perspective

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    Mubarak Abdulkadir

    2016-01-01

    Full Text Available It is frequently argued that because many Muslim states are monarchies or dictatorships or because of certain events that have taken place within their borders, Islamic law is not compatible with democracy and democracy is even neglected in the provisions of the holy Qur'an. Islamic law, according to what can be traced in its primary sources, not only supports democracy and people's participation in the state affairs but even possesses provisions in the Qur'an verses which encourage counselling and consultation and some scholars deem that to be democratic representation. Islamic Law, according to the provisions of some verses from the holy Qur'an encourages democracy but not liberal democracy like that of the western world. The religious democracy that can go with our modern time and solve many contemporary problems of the Muslim world is the model which was introduced by late Ayatollah Imam Khomeini after the 1979 Islamic revolution in Iran. The author in this research work concludes by showing that the ideal democracy enshrined in the holy Qur'an, as the primary source of Islamic law, is not liberal democracy of the western world, but rather a religious democracy.

  6. Islam and Politics: the Case of the Islamic State

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    Shokri Mehdi

    2016-06-01

    Full Text Available This paper assesses the fundamental relation between the Islamic-political movements and establishment of the Islamic law (Shari’a. I argue against the critiques of western foreign policy and show that the Islamic State (Caliphate is both a result of the historical process of the people of a region and the extreme interpretation of the text and Sunna which emphasizes on the traditional Sharia law and the concept of Jihad by fortifying political Islam qua militant Islam. I argue that the Islamic revival aims to a certain political order which threatens the world security and peace. Moreover, I argue that the structural violation of Human Rights is rooted in the traditional concept of Islamic law or Sharia, which obtains its immunity by an illegitimate power. This traditional Islamic law is the inalienable character of authoritarian/totalitarian regimes. This paper is based on the assumption that the extreme ideological/theoretical interpretation implies the empirical objectives of Militant Islamic community with or without any external influential elements. In this sense, we can address the question: how different interpretations and traditions in executing the Islamic Sharia give the social and political grounds a seed for the emergence of violence and terrorism. At the end, this paper ends with a propose which emphasizes on the role of international cooperation to find a resolution and also on the education as a long-term plan to defeat extremism and terrorism.

  7. The Islamic State unfiltered

    NARCIS (Netherlands)

    Gloerich, Inte; Rowson, Rose; Cachia, Rebecca; Clandillon, Susan; Kolopaking, Cristel

    Instagram has become an unsuspecting pulpit ­– seemingly caught off guard – for those determined to spread a militant message of Islamic State terror. Graphic, fanatical and oftentimes heavily photoshopped images weave through Instagram’s labyrinth of sunset snaps and gym selfies to advance a

  8. The Islamic State Unfiltered

    NARCIS (Netherlands)

    Gloerich, I.; Kolopaking, C.; Cachia, R.; Rowson, R.; Clandillon, Susan

    Instagram has become an unsuspecting pulpit ­– seemingly caught off guard – for those determined to spread a militant message of Islamic State terror. Graphic, fanatical and oftentimes heavily photoshopped images weave through Instagram’s labyrinth of sunset snaps and gym selfies to advance a

  9. Islamic Canon law encounters South African financing and banking ...

    African Journals Online (AJOL)

    Islamic Canon law encounters South African financing and banking institutions: Prospects and possibilities for Islamic economic empowerment and Black Economic Empowerment in a Democratic South Africa.

  10. THE DEVELOPMENT OF INDONESIAN ISLAMIC LAW: A Historical Overview

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    Ahmad Yasa

    2015-06-01

    Full Text Available Islamic Law is a set of promoted regulations adjusting human relationship to the Creator, human being and the environment based on Islamic doctrines. The Islamic Law has been established in Indonesia and effectively implemented in Indonesian Religious Court based on Law Number 7 of 1989. The law covers the areas of marriage, inheritance, will, bequest, benefaction and alms. In addition, especially in Aceh, with its peculiar feature, Islamic Law has been applied normatively, and in several areas it has been applied based on Local Regulations. However to perform the Islamic Law, it depends on faith and piety of the members of Islam. Thereby, although the formal law in juridical manner of Islamic Law in Indonesia was justly applied in limited civil law, however the Muslim society have stepped forward in applying Islamic Law in various Islamic social institutions.

  11. GENDER ISSUES IN APPLICATION OF ISLAMIC LAW IN NIGERIA

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    Muhammad S. Umar

    2007-03-01

    Full Text Available This essay explores gender issues in the contemporary application of Islamic law in the Muslim majority-states of northern Nigeria. Brief political background helps to explain the shari‘a codes enacted by the legislatures of the states, drawing largely from the classical formulations of Maliki school of Islamic law. Women were among the first to be prosecuted and sentenced to death by stoning for the offence of zina. To provide effective legal defense for the accused women, their lawyers and activists for women human rights had to argue in Islamic law before they could convince Shari‘a Courts of Appeal to overturn the sentences of death by stoning and set the women free. In the process, women activists learned a lot about the classical formulations of Maliki school of Islamic law, where they discovered the rich flexibility of Islamic thought, and that has empowered them to articulate Islamic criticisms against gender bias in the recently enacted shari‘a codes.

  12. Islam, mental health and law: a general overview.

    Science.gov (United States)

    Tzeferakos, Georgios A; Douzenis, Athanasios I

    2017-01-01

    Islam is the dominant religion in about 56 countries around the globe, and has more than 1.2 billion followers. Islam represents a holistic way of life, and according to a large proportion of its followers, the Islamic law or Shari'ah should prevail over secular law and should be implemented as state law. The etymological root of the word Shari'ah can be traced back to the harsh life in the desert and it means "pathway to be followed" or "path to the water hole," since the water was the basic element and preserver of life. At the dawn of its historical course and at its moral and ethical core, Islam introduced many interesting and innovative beliefs concerning the mentally ill. Islam underlines the moral necessity for the protection and care of the vulnerable individuals, as dictated by God himself. On the other hand, beliefs about "possession" and stigmatization influence the peoples' attitude against and apprehension of mental disorders. This strange admixture is reflected upon the status of the mental health services and corresponding legislation found in the different countries of the Islamic world.

  13. THE TAQNIN OF INDONESIAN ISLAMIC LAW DYNAMIC

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    M. Noor Harisudin

    2015-06-01

    Full Text Available Taqnin with the meaning of legislation on Islamic aspects actually has been a long story in Indonesia. It can be traced in Islamic courts in the archipelago. In the colonial era, the Dutch once accommodated certain aspects of Islamic law, until they decided to limit it. It especially can be seen in the institution of religious court. After the independence, the taqnin was reintroduced. It can be seen from the Piagam Jakarta (Jakarta Charter which included the statement of “Belief in God Almighty by following the sharia for its adherents”. However, this statement was edited to accommodate the aspiration of non-Muslims and the nationalists. In the following periods, legislation of certain aspects of Islam gained momentum in the late period of the New Order after Suharto sought political supports from Muslims. In the reformation era, the democratic atmosphere has opened a wider space for the efforts of taqnin.

  14. Negotiating Custody Rights in Islamic Family Law

    NARCIS (Netherlands)

    N.Y. Shehada (Nahda)

    2009-01-01

    textabstractIntroduction The following examines the application of Islamic family law with regard to custody and custody rights in the Gaza city sharī‘a courts.1 Four objectives are pursued in the paper. First, it identifies areas of gender asymmetry in the legal code, which distinguishes

  15. Islamic criminal law in northern Nigeria: politics, religion, judicial practice

    NARCIS (Netherlands)

    Weimann, G.J.

    2010-01-01

    In 2000 and 2001, twelve northern states of the Federal Republic of Nigeria introduced Islamic criminal law as one of a number of measures aiming at "reintroducing the shari'a." Immediately after its adoption, defendants were sentenced to death by stoning or to amputation of the hand. Apart from a

  16. The Reform of the Procedural Religious Court Law Based on Islamic Law in Indonesian Legal System

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    Abdullah Gofar

    2017-07-01

    Full Text Available The history of the development of religious courts and the inner atmosphere struggle of Muslims in Indonesia which faced the state’s political force in the New Order era has brought forth the religious procedural law. Article 54 of The 1989 Law No.7 stated that "the applicable law in the Religious Courts are applicable procedural law in the General Court, except those specifically regulated in this law." Philosophically, the Western law both civil substantive law (Burgerlijke Wetboek and formal law/civil procedure (HIR and Rbg, prepared using the approach of individualism, secular, the optical properties of the nature legal dispute was seen as objects (Zaak which is sheer material. While the substantive law in religious courts is the law derived from Islamic law that stem from philosophical values of Islam. So, the presence of the Religious Courts in the scope of judicial in Indonesia still raises problems, including: Why is the western law of civil procedure which promote the value of materialism and formal correctness adopted into religious procedural law, whereas the philosophical orientation is not aligned with the substantive law based on Islamic law, and what are the efforts to reform the reformulation of procedural law of religious courts.

  17. Islamic Law and Terrorism in Indonesia

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    Ramlani Lina Sinaulan

    2016-03-01

    Full Text Available Jihād and terrorism are not the same. In the context of sharia that implementation of the jihād has parameters measured with a layer of ethics based on the commands Al Quran and the Hadith of Prophet and the explanation the Ulama. Muslims in Indonesia views that the essentially not much different from the views on jihād and terror in other Islamic countries, especially the Middle East. In the context of Islamic law, jihād has multi spectral studies, but none of these studies that equate the meaning of jihād with terrorism, or none of them agreed that acts of terror as has been demonstrated by radical groups that are part of the concept Islam.

  18. Law and Islamic finance: How legal origins affect Islamic finance development?

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    Rihab Grassa

    2014-09-01

    Full Text Available Many researchers have shown that differences in legal origin explain differences in financial development. Using historical comparisons and cross-country regressions for 30 countries observed for the period from 2005 to 2010, this study tried to assess if different legal origins impacted on the development of Islamic finance. More particularly, this paper tried to assess empirically why and how Shari'a Law's legal origins adopted wholly or partially (combined with Common or Civil Law could explain the level of development of Islamic finance in different jurisdictions. Firstly, we found that countries adopting a Shari'a legal system had a very well developed Islamic financial system. Secondly, we found that countries, adopting a mixed legal system based on Common Law and Shari'a Law, were characterized by the flexibility of their legal systems to make changes to their laws in response to the changing socioeconomic conditions and that these helped the development of the Islamic financial industry. However, we found that countries, adopting a mixed legal system based on both Civil Law and Shari'a Law, were less flexible in making changes to their old laws and this thwarted the development of the Islamic financial industry in these countries. Thirdly, we found that the concentration of Muslim population (the percentage of Muslim population had a positive effect on the development of the Islamic banking system. Also, the level of income had a positive and significant effect on the development of Islamic banking.

  19. MENUJU HUKUM PERKAWINAN ISLAM PROGRESIF TOWARDS PROGRESSIVE ISLAMIC MARRIAGE LAW

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    Muhamad Isna Wahyudi

    2014-03-01

    Full Text Available Ada  beberapa  ketentuan  dalam  Rancangan  Undang-Undang  Hukum  Materiil  Peradilan  Agama bidang  Perkawinan  yang  perlu  dirumuskan  sesuai  dengan  kondisi  saat  ini.  Dengan  cara  tersebut, hukum  perkawinan  Islam  di  Indonesia  akan  progresif  dan  tidak  diskriminatif  terhadap  kaum perempuan. Ketentuan-ketentuan tersebut mencakup rukun perkawinan, usia perkawinan, wali nikah, dan status anak. Makalah ini mencoba untuk melakukan kontekstualisasi ketentuan-ketentuan tersebut sesuai  dengan  kondisi  saat  ini  dengan  menggunakan  pendekatan  hermeneutik.  Sebagai  hasilnya, pencatatan  perkawinan  seharusnya  menjadi  salah  satu  rukun  perkawinan,  usia  perkawinan  harus dirumuskan  dengan  mempertimbangkan  kesehatan  reproduksi  kaum  perempuan,  wali  nikah  bagi calon pengantin perempuan bukan rukun perkawinan, dan anak dari perempuan yang menikah pada saat hamil termasuk sebagai anak sah yang memiliki nasab kepada kedua orang tuanya. There are some provisions on the Bill of Religious Judicature Substantial Law on Marriage that need to  be formulated in  accordance  with the  present time.  In  this  way,  the Islamic  Law  of Marriage in Indonesia  will  be  progressive  and  not  discriminative  against  women.  Those  provisions  include  the pillar of marriage, the age of marriage, the guardian of marriage,  and the status of child.  This article tries  to  contextualize  those  provisions  in  accordance  with  the  present  time  using  hermeneutical approach. As the result, the registration of marriage should be one of the pillars of marriage, the age of  marriage  should  be  formulated  by  considering  women’s  reproduction  health,  the  guardian  of marriage for the bride is not pillar of marriage, and the child of pregnant woman marriage is counted as legal child whose lineage to both parents

  20. The Aplication of Islamic Law in Indonesia: the Case Study in Aceh

    OpenAIRE

    Bustamam-Ahmad, Kamaruzzaman

    2007-01-01

    This article provides an historical account of the implementation of Islamic law in Aceh and how the issue of Islamic law has been debated. The study will give more emphasis on the dynamics of the implementation of Islamic law, its historical development, typologies of Islamic law, leaders’ opinions regarding this issue, and the governments’ responses. This study argues that Islamic law in Aceh has been misinterpreted merely as h{udu>d law. In addition, it argues that the provincial govern...

  1. Strategies for Combating Islamic State

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    Timothy Sands

    2016-08-01

    Full Text Available The Islamic State in Iraq and Syria (ISIS announced the formation of the “Islamic Caliphate” as an alternative to modern states, on 29 June 2014 (the first day of Ramadan. The ISIS vision shared by other global jihadist organizations such as al-Qaeda is an apocalyptic post-state. Many authors very quickly evolve from the idea of the potential threat to either the U.S. or its allies to a requisite necessity of strong military action by the U.S. to defeat ISIS. Something frequently absent in analyses of U.S. reactions to ISIS is the capabilities, responsibilities, and opinions and desires of neighboring Gulf countries. This paper will incorporate attitudes and opinions of Gulf countries to imply responsibilities to deal with ISIS prior to considering potential U.S. actions.

  2. Islamic State and Chemical Weapons

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    Lukáš Rafay

    2016-09-01

    Full Text Available The article deals with topic of Islamic State and chemical weapons. The issue is analysed in three dimensions: origin of used chemical weapons and possibility of independent production; known chemical attacks and tactical regularities in their execution; and traits of future chemical terrorist attacks. By providing a thorough examination of the problem, the article aims at predicting the future development of the group’s chemical program as well as describing any prospective chemical terrorist attacks in Europe

  3. Harmonization of Islamic Law in National Legal System A Comparative Study between Indonesian Law and Malaysian Law

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    Yeni Salma Barlinti

    2011-01-01

    Full Text Available This article compares Indonesian legal system and Malaysian legal system. The government legalized Islamic law in national legislateions, which are in effect for Muslim people. To facilitate dispute settlement, there is a religious court to solve Islamic dispute based on Islamic Law. The exsistence of Islamic law in Indonesia and Malaysia has similarity and differentiation. The similarities among others are: the Muslim-majority in both countries pushes the government to put Islamic law into force, Islamic law must be written into constitution or legislation. It is needed to have legal basis when performing Islamic law, the existence of religious court is very important in dispute settlement related to Islamic law. The Influence of western legal system is very strong in national legal system. Nevertheless, the western legal system differ substantially from Islamic legal system, and Islamic law was implemented limitedly based upon western legislation. It was limited to family law. While the differentiation are: the way of implementation of western legal system into national legal system and the form of legislation Indonesia has one legislation, which is in effect to all of Indonesian people. On the contrary, Malaysia has many enactments, which are different from one to another in each negeri.

  4. Teaching Islamic Law in a Positivist Environment

    DEFF Research Database (Denmark)

    Afsah, Ebrahim

    to maintain an ‘authentic,’ distinctly Islamic social model. This presentation seeks to investigate the particular benefits for applying to the research and instruction of the ‘sacred law’ of Islam (as Weber would have it) the methodological rigour and tools of critical analysis derived from positivist...

  5. The Empty Fortress or the Poverty of Islamic Public Discourse: The Role of Law in Arab State Failure

    DEFF Research Database (Denmark)

    Afsah, Ebrahim

    triad of Qur’an, sunna, and shari’a (read: fiqh). This body of norms is contrasted with the relatively shallow dogmatic effort to systematise public law under the dogmatic headings of ta’zir, siyasa shar’ia and siyar. This presentation argues that whatever the philosophical value of this century...

  6. Force Majeure in Islamic Law of Transaction: A Comparative Study of the Civil Codes of Islamic Countries

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    Mhd. Syahnan

    2013-05-01

    Full Text Available This paper attempts to shed lights on the performance of  the obligations to a valid contract that can be frustrated by events beyond human control. Such events may have considerable impact on various designated legal principles and rules which is widely known as force majeure. The doctrine of unforeseen circumstances in contemporary legislation, on the main, is expressed in the same term which understandably as result of  the origin derivation of  the French law le theorie de l’imprévision. Although it is true that there is no such general principle of  force majeure in classical Islamic law, the author argues that significant efforts have been made in synthesizing both the Islamic and Western law concepts. Accordingly, despite the fact that the traditional Islamic legal system has its own mechanism to deal with such events at the time of contract, to a certain extent, it has influenced its contemporary form of  the concept of  intervening conti- ngencies (nazariyyat al-jawa’ih as reflected in the Civil Codes of  the Arab states. In addition, in response to the exigencies of the ever-increasing problems of modern life which brings with it alien concept, force majeure does not contradict with the provisions of the Shari‘ah since the views of Islamic jurisprudents (fuqahâ can justifiably be referred to.

  7. KEDUDUKAN HUKUM ISLAM DALAM SISTEM HUKUM INDONESIA

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    M. Khoirul Huda

    2013-05-01

    Full Text Available State protects religion, adherent religion, even put tenets and the law profess Islamic in life be of noble birth and stateless. Islamic law is based on the teaching of Islamic and if judging by the terms of the materials it Islamic include the law of worship and law of muamalat. It Characterizes the law Islamic that is sourced from Islamic relating to the priest, and belief have two term shariah and fiqh.

  8. Islamic Law, Women’s Rights, and Popular Legal Consciousness in Malaysia

    OpenAIRE

    Tamir Moustafa

    2013-01-01

    Drawing on original survey research, this study examines how lay Muslims in Malaysia understand foundational concepts in Islamic law. The survey finds a substantial disjuncture between popular legal consciousness and core epistemological commitments in Islamic legal theory. In its classic form, Islamic legal theory was marked by its commitment to pluralism and the centrality of human agency in Islamic jurisprudence. Yet in contemporary Malaysia, lay Muslims tend to understand Islamic law as b...

  9. Islamic Commercial Law in Contemporary Economics,

    Science.gov (United States)

    1981-06-01

    behavior with the finality of a physical science. Instead Islamic econoics focuses on human free will. It is purposive and normative, designed to...Consumer Loans This Is a major issue area. The two critical issues in cosumer loans are excess credit expansion and sociological/moral desirability of...rationalim’ and ,ut itaan.’’. Econmic rationalism interprets human behavior as being founded on a ’rigorous calculation directed with foresight and caution

  10. Justice in Post-Conflict Settings: Islamic Law and Muslim Communities as Stakeholders in Transition

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    Corri Zoli

    2017-08-01

    Full Text Available This essay is one of the first collaborative efforts to identify the underlying norms embedded in diverse traditions of Islamic law as these apply to contemporary Muslim communities experiencing conflict or transitioning from conflict. This long overdue endeavor draws upon comparative legal analyses, postconflict justice traditions, global governance, and empirical conflict studies to explore why Islamic legal norms are not often used as a resource for restraint and guidance in contemporary conflict settings. In exploring this puzzle, the authors make the case for strengthening commensurate Islamic and international conflict norms for complex conflicts and postconflict tradition. We also situate Islamic postconflict justice norms—which are too often confined to religious and natural law discussions—into contemporary problems of security policy, conflict prevention, and problems of governance. We indicate the many benefits of such a comparative approach for citizens of diverse Muslim and Arabs states and communities, trying to build pathways out of conflict, and for humanitarian and human rights practitioners working in such arenas toward similar goals. An additional, important benefit in excavating such shari’a norms is in providing the intellectual basis to counter politicized, extremist, and instrumentalist uses of Islamic law to justify extreme uses of political violence across the Middle East, Central and South Asian, and African regions.

  11. Islam and state school: opinions of Muslim parents in Piedmont

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    Renzo Guolo

    2009-07-01

    Full Text Available What are the opinions of Muslim parents, as to the teaching of Islamic religion? In case it were possible, would they prefer it to be taught in state or religious schools? And in the first case, by whom? What do families think about problems like the observance of dietary laws in school canteens, the class of physical education for girls in mixed classes, the wearing of veil? The article summarizes the data of a survey on these topics (between 2006 and 2007 carried out in Piedmont, in particular in Turin, on a sample of about 1000 people representing the different ethnonational islamic communities living in the region. The methodology employed is both quantitative (the whole sample was given a structured questionnaire and qualitative. The latter concerns detailed interviews with the leaders of Islamic associations in the region. The result is definitely in favour of the teaching of Islamic religion in state schools, together with the request to observe dietary laws, both cultural and religious, and the acceptance, on principle, of the mixed class of physical education. There are of course different opinions which, however, show a growing trend in favour of free choice as to the obligation of veil: a picture widely determined by the ethnonational origin of the interviewed, confirming the pluralism of Italian Islam. The result points out that most Muslims in Piedmont have an inclusive approach and that religion does not mean cultural separation. The main trend, apart from the opinions and projects of a few associative leaderships, is one of an Islam that wishes to become a recognized member of Italian religious and cultural scene.

  12. Islamic Inheritance Law (Faraid and Its Economic Implication

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    Adelina Zuleika

    2014-03-01

    Full Text Available Objective - This paper attempts to discuss the Islamic law of inheritance (Faraid, its existence and its systematic impact to humankind. Faraid plays a fundamental role as an impetus behind the development of science, which has a great economic impact to the development of social welfare. This paper aims to increase the awareness towards the importance of Islamic law of Inheritance for knowledge development, and social prosperity of humankind. Secondly, to reveal the hikmah behind the rules set in Faraid and their economic implications. Thirdly is to emerge the consciousness for being Sharia’ compliance by revealing the secret behind His rules and its benefit for humankind.Method - Employing a qualitative method and literature reviewResult - This paper shows that from the macroeconomic perspective, Faraid systematically ensures the redistribution of wealth, and spreads the concentration of wealth in every generation. Literature reviews and information collected are employed in order to analyze and make further inferences. The literature review clarifies the magnificence of Faraid and its real contribution to human development; in economics and in other disciplines. Faraid keeps the justice in wealth distribution, protects property rights, empowers women to be involved in economic activities and as a whole, Faraid also encourages economic growth.Conclusion - Conclusively, by commissioning Faraid, the wealth is generated and returned to the factors production through many hands of who deserve it after the absence of deceased.Keywords : Islamic Inheritance Law; Faraid; Property  Rights; Distribution of Wealth

  13. Deconstruction of Jihad Radicalism in Islamic Law: A Conceptual Proposal to Combat Isis Terrorism in Indonesia

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    Warkum Sumitro, SH, MH

    2015-02-01

    Full Text Available Islamic State of Iran and Syria (ISIS has become a global movement that penetrates into Indonesia. This movement leads back to the trauma of Indonesian nation to a series of destructive events of terrorism in the country. The meaning of jihad in Islam is hijacked by ISIS activists into violence and war against western infidels in their perspective. They do not care if their target is civilian or military. Meanwhile, the actual concept of jihad in Islam is essential jihad, namely jihad by striving earnestly to improve the quality of individual and community. A wrong interpretation of jihad can not only be solved by force because enforcement effort through violence leaves an endless conflict between terrorists and law enforcer. One conceptual proposal in combating terrorism in Indonesia is by deconstructing the perspective of the physical jihad into essential jihad.

  14. ISLAM, ADAT, AND THE STATE: Matrifocality in Aceh Revisited

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    Eka Srimulyani

    2010-08-01

    Full Text Available Matrifocality has been a rooted tradition in the social history of the community in Aceh. The principles of matrifocality have also affected on how women are positioned in the community, and the socio-gender relation within the community. The fact that Aceh has strongly associated to the Islamic values that claimed to support the paternal traditions. Apparently, the Islamic values and the local matrifocality practices juxtaposed through the roles of adat, which considered as inseparable to Islamic law or teaching, or in local term known as zat ngeun sifeut. Another point in revisiting matrifocality in Aceh in Aceh is an examination of how gender state ideology, particularly during the New Order Regime disregarded some local gender practices across some ethnics in the archipelago. Meanwhile, the state also hegemonied and promoted particular gender state ideology such as state ibuism. Nonetheless, the modernity and social changes have also contributed to the shifting of some matrifocality practices in contemporary Acehnese society. However, since the matrifocality has a strong root in the social life of the community, the principles of the matrifocality still survived until currently, although it transformed into ‘new matrifocality’ practices. Keywords: matrifocality, Aceh, gender, shari‘a law

  15. THE APLICATION OF ISLAMIC LAW IN INDONESIA: The Case Study in Aceh

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    Kamaruzzaman Bustamam-Ahmad

    2007-06-01

    Full Text Available This article provides an historical account of the implementation of Islamic law in Aceh and how the issue of Islamic law has been debated. The study will give more emphasis on the dynamics of the implementation of Islamic law, its historical development, typologies of Islamic law, leaders’ opinions regarding this issue, and the governments’ responses. This study argues that Islamic law in Aceh has been misinterpreted merely as h{udu>d law. In addition, it argues that the provincial government tends to put heavy emphasis on symbolic religious issues (such as the Islamic dress code and the usage of Arabic signs and letterheads, rather than the substance of Islamic law such as justice and prosperity for all. Finally, the study has made evident that implementing Islamic law is never a good method of attempting to resolve conflict. There is no need to establish Islamic law formally through the political process because, when politics enters in religious arena, it carries with it many interests.

  16. The relation between religion and state in Islam and Christianity in the rise of ISIS

    Directory of Open Access Journals (Sweden)

    Timothy A. van Aarde

    2018-04-01

    Full Text Available The recent development of the Islamic State (ISIS 2010–2014 and IS 2014 is a radicalisation of the relation between religion and state in Islam. The relation of religion and state to Christianity has been shaped by the philosophy of dualism and Greek thought in the West. The relation of religion and state in Islam, however, has been shaped by a completely different tradition and conflicting view than Western thought and is based on the codified system of Shari’a law in Arabic thought. One of the most debated topics in Islamic studies is the inseparable nature of religion and state in Islam and the role of Shari’a law to the state. In the West the historical debate concerns the indiscriminate blending of church and state and the separation of church and state as indispensable to democracy and the modern question of the relation of Christian morality and public law. Islamic fundamentalism is a political and religious reform movement that indiscriminately blends the political and religious.

  17. Children’s Protection in the Issue of Hadhanah Based on Islamic Family Law and The Law of Thailand

    Directory of Open Access Journals (Sweden)

    Rohanee Machae

    2016-12-01

    Full Text Available This paper analyses Children Protection in the Islamic Family Law of Southern Thailand and the Civil Law of Thailand. The common issue faced by the Court or the District Islamic Department is the rising number of hadhanah claim cases. This research is meant to investigate the rights of children regarding hadhanah based on the Islamic Family Law of Southern Thailand and to what extent the laws follow the principles of Islamic law. This research utilized few approaches which are the content, deductive, inductive, and comparative analysis. Basically, the findings suggest that the differences between the two laws can be accepted as both laws originated from distinguished backgrounds. Therefore, both laws play crucial roles in completely protecting the children in hadhanah cases, as well as promising safety and peaceful life for the children even though their parents’ relationship is in crisis.

  18. Abu Ghraib: Prisoner Abuse in the Light of Islamic and International Laws

    Directory of Open Access Journals (Sweden)

    Syed Serajul Islam

    2007-06-01

    Full Text Available Abstract: This study analyses the prisoner abuse at Abu Ghraib in the light of Islamic and International laws. Using documentary sources, the paper argues that Islamic law is far superior than the International law as enshrined in the Geneva Conventions and the United Nations Charter on the treatment of prisoners of war. It found the abuse of the prisoners at Abu Ghraib a routine operation carried out in obedience to orders issued by the higher authorities. The photographs portraying images of dehumanization in Abu Ghraib is unacceptable either in Islamic or international law.

  19. Sharea Issues in the Application of Takaful: Review on Islamic Law Perspective

    OpenAIRE

    Suharto Suharto; Muhammad Iqbal Fasa

    2018-01-01

    Insurance is still debated between scholars when viewed in the light of Islamic law. Contemporary Muslim jurists are fully aware that the legal status of Insurance not been determined by Islamic law thinkers in advance (jurists). The application of Takāful today is the result of a struggle between the understanding of Islami law with the reality of what happened. Thus, the problem needs to be reviewed in the light of Islamic law in depth. This paper attempts to offer Shariah Issues in the App...

  20. Analysis of Rules for Islamic Inheritance Law in Indonesia Using Hybrid Rule Based Learning

    Science.gov (United States)

    Khosyi'ah, S.; Irfan, M.; Maylawati, D. S.; Mukhlas, O. S.

    2018-01-01

    Along with the development of human civilization in Indonesia, the changes and reform of Islamic inheritance law so as to conform to the conditions and culture cannot be denied. The distribution of inheritance in Indonesia can be done automatically by storing the rule of Islamic inheritance law in the expert system. In this study, we analyze the knowledge of experts in Islamic inheritance in Indonesia and represent it in the form of rules using rule-based Forward Chaining (FC) and Davis-Putman-Logemann-Loveland (DPLL) algorithms. By hybridizing FC and DPLL algorithms, the rules of Islamic inheritance law in Indonesia are clearly defined and measured. The rules were conceptually validated by some experts in Islamic laws and informatics. The results revealed that generally all rules were ready for use in an expert system.

  1. Crime and punishment in Islamic law: theory and practice from the sixteenth to the twenty-first century

    NARCIS (Netherlands)

    Peters, R.

    2005-01-01

    In recent years some of the more fundamentalist regimes in the developing world (such as those of Iran, Pakistan, Sudan and the northern states of Nigeria) have reintroduced Islamic law in place of western criminal codes. Rudolph Peters presents a detailed account of the classical doctrine and

  2. Off With Their Heads: The Islamic State and Civilian Beheadings

    Directory of Open Access Journals (Sweden)

    Steven T. Zech

    2015-05-01

    Full Text Available 'This commentary evaluates the use of beheadings by the Islamic State in Syria and Iraq. We place beheadings in a broader historical context and draw from academic research in terrorism studies and the social sciences to explain why the Islamic State has adopted such brutal tactics. We outline the strategic logic of beheading and evaluate explanations related to symbolic politics, culture, and organizational dynamics. We conclude with a discussion about the future of Islamic State violence.' ' '

  3. Defeating the Islamic State at Three Levels of War

    Science.gov (United States)

    2016-05-13

    FINAL 3. DATES COVERED (From - To) 4. TITLE AND SUBTITLE Defeating the Islamic State at Three Levels of War 5a...ABSTRACT The Islamic State (IS) continues to be weakened at the operational level in Syria and Iraq. To remain legitimate, the insurgency is shifting...paper concludes with recommendations to aid planners in developing a concept to achieve the President’s desired end state. 15. SUBJECT TERMS Islamic

  4. Borderless Islam and the modern nation state

    Directory of Open Access Journals (Sweden)

    Nasya Bahfen

    2011-06-01

    Full Text Available Given the dichotomy of “Islam and the West” and its currency post-September 11, how do we respond to the question of a modern Islam? This is the key idea that this paper explores, by discussing what Islam represents, and what modernity entails, arguing that Islamic teachings and practices are not necessarily incompatible with modernity, and that the discourse on Islam and modernity and where the two are headed can be legitimately engaged in by Muslims given that Islamic societies are diverse and subject to global influences.

  5. "Islamic State Of Iraq And The Levant ("ISIL" As A Threat To The World Community

    Directory of Open Access Journals (Sweden)

    Nina V. Volodina

    2015-03-01

    Full Text Available In the present article author examines illegal activities of ISIS. Territory of victorious monotheism is so-called by experts and proclaimed in June 2014 "Islamic state" with the original name of "Islamic State of Iraq and the Levant", in other words "Caliphate" in a particular area of the modern states of Syria and Iraq. Founded illegally on the territory of the sovereign State of Iraq and Syria, "IS" with a sharia form of government, it is the first step of creating a global "caliphate", which do not recognize borders. Author notes that the creation of the "Islamic state", that poses a threat to the constitutional security of many countries of Asia, as well as the Russian Federation, both in terms of the "capture" of Islamic extremists and terrorists, and includes part of the territory of present Russia. Author concludes that: first, the creation of the world "Caliphate", no borders - the main goal of the Islamists, raising fears in the world, including the Russian Federation and the long term threaten to the country's sovereignty. Second, law enforcement authorities should be attentive to the problems that arose in the Russian Federation related to the Islamic radical organizations. Recruiters, Islamic radicals operate illegally in our country. Thirdly, important but insufficient measures taken, such as the steps to revive the Russian Islam the idea of a "single Russian muftiat", in particular to the Russian ummah was proposed "rigid vertical of power" and Sufism as a means of radicalism. Fourth, not enough attention is paid to the States to the Islamic States (IS in the Russian Federation and analysis of the problems associated with the radical Islam, which is no longer seen as a phenomenon inherent only in the Arab world. Fifth, there are opposing views on the "IS".

  6. Konsep Fiqah Malaysia dalam Perundangan Islam: Satu Pengenalan (The Concept of Malaysian Fiqah in Islamic Law: An Introduction

    Directory of Open Access Journals (Sweden)

    Rahimin Affandi Abd. Rahim

    2010-01-01

    Full Text Available Kajian ini bertujuan untuk menunjukkan sifat dinamik konsep fiqah dalam sistem perundangan Islam Malaysia yang menekankan kepentingan hubungan dengan Allah dan sesama makhluk. Teori utama yang digunakan adalah teori epistemologi hukum Islam yang menetapkan bahawa sifat kelestarian sistem hukum Islam hanya boleh dicapai melalui pembentukan kerangka epistemologi (apa, bagaimana dan untuk tujuan apa yang jelas. Bagi mencapai objektif, kajian ini menggunakan kaedah pengumpulan data primer dan data sekunder yang dianalisis kemudiannya bagi membentuk teori konsep fiqah semasa yang lebih bersesuaian dengan realiti Malaysia. Hasil kajian ini mendapati konsep fiqah semasa telah mula difahami oleh masyarakat Malaysia. Namun begitu, kelangkaan masih lagi wujud dalam soal pemantapan konsep fiqah semasa ini dari segi kerangka konsep, rasionaliti, pendekatan dan epistemologi, yang sepatutnya dijalankan oleh pihak Institusi Pengajian Tinggi Awam (IPTA di Malaysia. Untuk itu, kajian ini telah cuba mengemukakan jalan penyelesaian kepada usaha pemantapan ini.This study aims to demonstrate the dynamism of the concept of Islamic fiqah in Malaysian Islamic law that emphasises the importance of the relationship between Allah and human beings. In this regard, this study hopes to show the dynamism of fiqah as a concept in Malaysia's Islamic legal system. The primary theory used here is the epistemology of Islamic law which determines that the sustainability of Islamic law can only be achieved by developing an epistemological framework (what, how and for what purpose in a clear manner. In order to achieve this objective, the study had collected both primary and secondary data. The data was subsequently analysed to formulate a contemporary theory of Islam fiqah that is better suited to Malaysian reality. The findings show that the proposed concept of contemporary Islamic fiqah has begun to be understood by Malaysian society. However, the reinforcement of the contemporary

  7. A Challenge for Social Studies Educators: Teaching about Islam, "Jihad," and "Shari'ah" Law

    Science.gov (United States)

    Moore, James R.

    2012-01-01

    In this article, the author investigates the controversial curricular and instructional aspects of teaching about Islam in social studies courses. Specifically, the author discusses pedagogically sound approaches to teaching about "jihad" and "Shari'ah" law, two of the most important and controversial concepts in Islam that often generate intense…

  8. ETHICS AND THE PRINCIPLES OF ISLAMIC BANKING IN THE PERSFEKTIF ISLAMIC ECONOMICS LAW

    Directory of Open Access Journals (Sweden)

    Saifullah Bombang

    2016-02-01

    Full Text Available Ethics, the value of which is sourced from the primary source of Islamic teachings inthe formation of the principles of Islamic banking in the legal system of Islamic economy. Theprinciple has been terekonstrumsi into the principle of a unified whole and undivided oneunified principle which has the same meaning and effect of all time. The two are inseparableand mutually binding becomes reference in carrying out the charitable effort (muamalah. Allactivity in the economy, including banking should always be in accordance with the principlesof Islamic teachings so as to avoid a banking practice that is full of violations of Islamic valuesand norms. The enforcement principle – the principle of Islamic banking Shariah Islamic lawin the dinormakan economy meant is to mengkonsistensikan the Islamic teachings with thepractice of the banking terkaontaminasi with other systems are generally incompatible with theethics and principles of Islam. Islam offers concept to humanity which is sourced from theQur'an and Sunnah in terms of conducting relationships or transactions with other persons,including in the field of finance as manisfestasi of Islamic teachings in the field of banking.Ethics, values and principles into the source and reference in formulating norms of Islamic lawgoverning the legal relationship in banking issues. All financial transactions in banking shouldbe subject to the legal norms of islam and every muslim needs to take hatian and not get caughtup in the banking system that are not kosher (usury and subhat so that the existence of theIslamic banking is getting solid growth and strong for the benefit of mankind.

  9. The Islamic State and U.S. Policy

    Science.gov (United States)

    2016-06-14

    global sense of urgency about further weakening the group and preventing future attacks. Members of Congress, Administration officials, and their...organization, IS terrorist attacks may restore a sense of pride and accomplishment among its members but also may galvanize new patterns of multilateral...question “Is the Islamic State Islamic?” to focus on whether or not the group’s members and actions are authentically Islamic in the sense of

  10. SHARIA CRIMINAL LAW, ISLAM AND DEMOCRACY IN NIGERIA ...

    African Journals Online (AJOL)

    Ike Odimegwu

    legislatures with the intention of getting them enforced through state machinery. ..... These include injunctions against operating a hotel or a drinking place, the .... statute books, was based on the belief that such a law is exceedingly difficult to ...

  11. A Discourse of Transformative Islam within Curriculum Transformation at State Institute for Islamic Studies of Purwokerto (IAIN Purwokerto

    Directory of Open Access Journals (Sweden)

    Sabarudin

    2017-06-01

    Full Text Available This research is aimed to trace the thoughts and actions as efforts to achieve vision and mission of state institute for Islamic studies of Purwokerto (IAIN. The study is directed to answer following questions. Firstly, why transformative Islam becomes a discourse on curriculum development. Secondly, how a discourse of transformative Islam implicates in curriculum development at state institute for Islamic studies of Purwokerto (IAIN. Then, the findings show that a discourse of Islam tranformative in curriculum development at state institute for Islamic studies of Purwokerto (IAIN emerges as a result of an incapability of traditional and modern Islam perspective to resolve people’s problem due to lack of critical understanding of the meaning and message of the Qur’an and Hadith. Then, implication of Islamic transformative discourse in curriculum development at state institute for Islamic studies of Purwokerto can be seen in its intra curricular activities, co-curricular, and extra curricular activities. Through intra-curricular activities, transformative Islam is embodied in Islamic building lectures. In co-curricular program, Islam is indigenized through activity of knowledge and practice of worship (nationally abbreviated PPI, while within extra-curricular activities transformative Islamic values come into student activities which are strongly supported by policies of university leaders.

  12. Islamic Family Law Enactment 1987 (No. 3 of 1987), 20 May 1987.

    Science.gov (United States)

    1988-01-01

    This Islamic Family Law Enactment of Pahang, Malaysia, is based on the model of the Islamic Family Law (Federal Territory) Act, 1984 (Annual Review of Population Law, Vol. 11, 1984, Section 250). It differs from that Law in the following major respects: 1) marriages between Muslims and non-Muslims are prohibited; 2) a wali Hakim (special guardian appointed by the Sultan) is authorized to consent to marriage if the wali (guardian) of the bride unreasonably withholds consent; 3) the grounds for divorce are fewer (failure to maintain and cruelty being omitted), although there is a general provision allowing divorce for any ground that is recognized as valid by Islamic law; 4) a son is to be maintained until the age of 15, not 18; and 5) a religious court, rather than a civil court, may order a putative father to maintain his illegitimate child. full text

  13. Some Demands Towards Establishment For Islamic Banking Law in Islamic Perspective

    Directory of Open Access Journals (Sweden)

    Djawahir Hejazziey

    2016-04-01

    Full Text Available Beberapa Tuntutan Terhadap Pemberlakuan Hukum PerbankanSyariah. Hukum dibentuk untuk melayani masyarakat. Dengan demikian, hukum tunduk kepada masyarakat. Berbeda halnya dengan hukum agama (Islam, masyarakat wajib tunduk kepada hukum agama (Islam. Hukum yang dapat dipatuhi dan diterima oleh masyarakat adalah hukum yang didesain sesuai dengan ideologi dan kepercayaan masyarakat itu sendiri. Masyarakat Indonesia mayoritas memeluk agama Islam. Untuk itu, kelahiran dan pembentukan hukum perbankan syariah banyak dipengaruhi oleh tuntutan masyarakat yang didukung berlatar belakang agama yang dianut, di samping adanya tuntutan ideologi, politik, ekonomi, dan budaya. DOI: 10.15408/jch.v1i1.2921

  14. THE RESISTANCE OF ULAMA DAYAH ACEH TAMIANG AGAINST WOMEN’S RIGHTS IN COMPILATION OF ISLAMIC LAW (KHI

    Directory of Open Access Journals (Sweden)

    Muhammad Nasir

    2017-06-01

    Full Text Available This article provides the latest information on how the Ulama Dayah Aceh Tamiang's response to the implementation of the Compilation of Islamic Law (KHI, particularly related to women's rights regulated in the issue of marriage registration, the validity of divorce, and joint property (gono gini and their views on the KHI as Islamic law legislated by the government. according to some circles as a form of reform of Islamic law in Indonesia which is also claimed as a law that many defend the rights of women, although there are still some who argue that KHI discriminatory against women. This paper departs from research was conducted on Dayah Aceh Tamiang Ulama by using interview and observation method. There are three theories used in analyzing this research data, namely; Theory of Relation State and Religion, Theory of Ulama and State Authority, and Theory of Conservative turn. The finding of this article reveals that the resistance of the Ulama Dayah against KHI can be identified in two levels. Firstly, they disagreed with some aspects of KHI in such as marriage registration, joint property, and divorce legal procedures. Secondly, the fact that Ulama Dayah were not involved in the process of legal drafting of the KHI.

  15. Universality of revealed Law and reflections on religions in Medieval Islamic philosophy: a few considerations

    Directory of Open Access Journals (Sweden)

    Sara Barchiesi

    2015-05-01

    Full Text Available By analysing some Medieval Islamic philosophical theories, this paper aims at investigating the approach adopted by authors such as Avicenna and Averroës in respect of religions different from those of origin (Judaism, Christianism, Zoroastrianism and Sabeism. Moreover, it reflects on the universality of Islamic religion. The author will examine these philosophers' thoughts on prophetic teaching, recalling the Platonic sources from which they were developed, she will motivate the relevance of such thoughts in political science and she will explain their purposes. Furthermore, through a comparison with several scholars who have focused on whether Islamic Law has a conventional or natural status, she will try to investigate the origins of this problem, by examining the universal message that those Islamic Medieval philosophers found in revealed Law and the reasons that led them to present it as addressed to the whole mankind.

  16. Scope of State in Legislation from Islamic Perspective

    Directory of Open Access Journals (Sweden)

    Dr. Farhadullah

    2017-07-01

    Full Text Available Islamic law is basically a part of a holistic system based primarily on the divine message enclosed in the Holy Qur'an and traditions of the Prophet (SAW, which are the main fundamental sources of Islamic law. After the demise of the Prophet (SAW, field of Ijtehād started development, which was already approved by the Prophet (SAW in his life. The companions of the Prophet (SAW developed the notion of Ijmā while early Muslim jurists discovered the Qiyās, Maslaha, Istislāh, Istehsān etc.Determining the location of authority and its scope in law-making has remained a complex situation for the western philosophers since long. As far as the case of Muslims is concerned, they are in the position to find solution of this situation as to where the authority dwells; enabling them to resolve many queries which seemed to be unanswered for the long time. It is important for the Muslims to comprehend the concept of Islamic institutions from the perspective of Islamic frame work and legal as well as constitutional history of Islamic history.

  17. Islam in the Governmentality of the State

    DEFF Research Database (Denmark)

    Vinding, Niels Valdemar

    2009-01-01

    with Islam and Muslim organisations. Thus the role and future of Islam in Europe is currently and continuously being reshaped by both Muslims and by the discourses in the European communities. Ultimately, this presentation gives to interrelated examples to show the changing identity of Muslims and rephrased...... norms of Shari'a in a current British context. Firstly, multiculturalism - as the framework for understanding religious plurality and diversity within liberal societies - is shown to be an ongoing examination and evaluation of Islamic norms. Secondly, within this frame, specific institutions...

  18. Countering Islamic State Messaging Through “Linkage-Based” Analysis

    Directory of Open Access Journals (Sweden)

    J.M. Berger

    2017-08-01

    Full Text Available The Islamic State’s recent losses on the battlefield, including significant casualties within its media and propaganda division, offer a unique opportunity to inject competing and alternative messages into the information space. This paper proposes that the content of such messages should be guided by a linkage-based analysis of existing Islamic State messaging. A linkage-based analysis of a top-level 2017 audio message by Islamic State spokesperson Abu Hasan al Muhajir offers several potential insights into crafting effective content for competing and alternative messages. A comparison of the 2017 work to earlier Islamic State messaging also reveals specific opportunities to undermine the credibility of the organisation’s broader propaganda programme by highlighting the organisation’s repeated failure to follow through on its extravagantly promised commitment to achieving its stated goals.

  19. The Implementation Effort Islamic Law Norms in Activities for Overcoming Pornography and Pornoaction on Mass Media

    Directory of Open Access Journals (Sweden)

    Ramlani Lina Sinaulan

    2017-02-01

    Full Text Available This paper discusses the effort Islamic Law norms in activities for overcoming pornography and porno-action on mass media. By using normative legal research, the result found that the concept of Islamic law, behave based on sharia, shows the importance of shaping the personality traits of Islam (syakhsiyya Islāmiyya and based on the devotion and faith. Because of the relation to the formulation of the rule of law against pornography behavior, it can not be designed, prepared and formulated based on social values. Based on the facts of society, as a result of the moral decadence that led to a permissive attitude towards their cultural infiltration, the social values in assessing the behavior may become more permissive toward behavior. However, the use of religious norms which have universal properties will not change, and even capable of elastic with the times.

  20. A judicial review of political questions under Islamic law

    Directory of Open Access Journals (Sweden)

    Abdulfatai O. Sambo

    2014-06-01

    Full Text Available The contemporary Arab world has witnessed uprisings and turmoil as a result of alleged power-overreaching by political elites. Consequently, people call for democracy with emphasis on constitutionalism, accountability and protection of human rights. Yet, the voice of the judiciary seems not to be heard in championing these values in many Muslim nations despite the clear roles Islam places on the judiciary regarding political matters. This paper therefore analyses the power of judicial review on political questions from the perspective of Islamic jurisprudence. It finds that the power of judicial review and its main institution existed in early Islamic periods after the demise of the Prophet (SAW. The paper concludes that failure to observe judicial review in many contemporary Muslim countries results in the absence of effective checks on the powers of the rulers by the judiciary.

  1. Competitiveness of Educational Quality of the State College of Islamic Studies (STAIN) Pontianak after Status Change to the State Institute of Islamic Studies (IAIN) Pontianak

    Science.gov (United States)

    Misdah

    2016-01-01

    The purpose of this study was to determine: 1) Reality competition education quality of The State college of Islamic studies (STAIN) Pontianak after status change to the state institute of Islamic studies (IAIN) Pontianak, 2) Education quality management strategy of The State college of Islamic studies (STAIN) Pontianak after status change to the…

  2. Withdrawing and withholding medical treatment: a comparative study between the Malaysian, English and Islamic law.

    Science.gov (United States)

    Kassim, Puteri Nemie Jahn; Adeniyi, Omipidan Bashiru

    2010-09-01

    The permissibility and lawfulness of withdrawing and withholding medical treatment has attracted considerable debates and criticisms, as the legal issues are drawn into entering the slippery slope of euthanasia. Proponents of "sanctity of life" views that withdrawing and withholding medical treatment with knowledge that death would result is still within the sphere of euthanasia, whereas proponents of "quality of life" argue that it is not, as death is not intended. Their arguments maintain that for patients who are totally dependant on machines to ensure the work of some bodily functions, living may amount to little more than survival as dying is prolonged. Furthermore, the prolonging of life of the dying patient has profound implications on patients themselves, their relatives, dependants and medical providers. Thus, withdrawing and withholding medical treatment would not only respect a patient's right to self-determination, by allowing them to die in their underlying condition, but will ensure that medical providers are able to concentrate on more worthwhile treatments. This paper discusses the intractable difficulties with the moral distinction between withholding and withdrawing treatment and euthanasia, as well as makes a comparative study between the present state of law in Malaysia and England on this issue. The paper further highlights the differences between civil law and Islamic law in this controversial area.

  3. The Islamic State and U.S. Policy

    Science.gov (United States)

    2017-01-18

    for an explicit containment strategy tended to assess the linkage between the Islamic State’s success or staying power in the Middle East and terrorist...by some Shia of the democratic political process to monopolize political power in Iraq. Following Zarqawi’s death at the hands of U.S. forces in June...organization in early 2013. The Islamic State presence grew further as additional Taliban factions broke with the Taliban and declared allegiance to the

  4. Islam, Etnicity and the State: the Balkans

    Directory of Open Access Journals (Sweden)

    Ružica Čičak-Chand

    1999-10-01

    Full Text Available The paper examines Muslim identity in the context of interaction between religions and ethnic and national identities within the complex ethnic and religious network of the Balkans, and with a focus on Muslim minority communities in the individual states in the region. Although it proceeds from a historical background, emphasis is placed on contemporary conditions, especially after the fall of communism and the crisis in former Yugoslavia. The paper is based on the book Muslim Identity and the Balkan State, prepared by Hugh Poulton and Suha Taji Farouki and published in London in 1977. Apart from a valuable and interesting introduction in regard to defining the concept of “Muslim” and “Muslim community” in the Balkans, and also an indication of some of the specificities of Islam in this region, the book includes eleven separate studies, the majority of which deal with Muslim minority communities and their status in Balkan countries (Albania, Bulgaria, Greece, Kosovo, Macedonia and Sandţak. The papers also deal with Turkey, as the country whose communities reside in some of the mentioned countries, as well as with the relations between Turkey and the Balkan countries. Besides analysing the historical causes leading to the formation of the Muslim communities, each author attempted to identify the main socio-economic, political and ethno-religious factors “responsible” for their position in the individual political communities in the Balkans. In this paper, the key aspects of the mentioned themes are reviewed, including particular comments on Albania, Bulgaria, Greece, Kosovo and Macedonia.

  5. Sharea Issues in the Application of Takaful: Review on Islamic Law Perspective

    Directory of Open Access Journals (Sweden)

    Suharto Suharto

    2018-01-01

    Full Text Available Insurance is still debated between scholars when viewed in the light of Islamic law. Contemporary Muslim jurists are fully aware that the legal status of Insurance not been determined by Islamic law thinkers in advance (jurists. The application of Takāful today is the result of a struggle between the understanding of Islami law with the reality of what happened. Thus, the problem needs to be reviewed in the light of Islamic law in depth. This paper attempts to offer Shariah Issues in the Application of Takāful From Islamic Law Perspective, including The Concepts of Takāful (Sharia Insurance, Legal Basis of Takāful (Sharia Insurance, History of Takāful (Shariah Insurance Development, Scholars' Views on Takāful (Sharia Insurance, The Principles of Takāful (Sharia Insurance, Establishment of Contract in Takāful (Sharia Insurance, and To Compare The Characteristics Between Takāful (Shariah Insurance and  Commercial Insurance.

  6. Can the United States Defeat Radical Islam

    Science.gov (United States)

    2008-05-22

    It strongly disapproves of idolatry, the popular cult of saints and tomb visitation. 11...twentieth century, Sayyid Qutb (1906-1966), an Egyptian Islamic radical, referencing al-Wahhab, developed a modified concept of jahiliyya. In Qutb’s...It strongly disapproves of idolatry, the popular cult of saints and tomb visitation. When ibn Taymiyya was asked if the murderous. Mongols, who

  7. A judicial review of political questions under Islamic law

    OpenAIRE

    Abdulfatai O. Sambo; Hunud Abia Kadouf

    2014-01-01

    The contemporary Arab world has witnessed uprisings and turmoil as a result of alleged power-overreaching by political elites. Consequently, people call for democracy with emphasis on constitutionalism, accountability and protection of human rights. Yet, the voice of the judiciary seems not to be heard in championing these values in many Muslim nations despite the clear roles Islam places on the judiciary regarding political matters. This paper therefore analyses the power of judicial review ...

  8. Brain death and Islam: the interface of religion, culture, history, law, and modern medicine.

    Science.gov (United States)

    Miller, Andrew C; Ziad-Miller, Amna; Elamin, Elamin M

    2014-10-01

    How one defines death may vary. It is important for clinicians to recognize those aspects of a patient's religious beliefs that may directly influence medical care and how such practices may interface with local laws governing the determination of death. Debate continues about the validity and certainty of brain death criteria within Islamic traditions. A search of PubMed, Scopus, EMBASE, Web of Science, PsycNet, Sociological Abstracts, DIALOGUE ProQuest, Lexus Nexus, Google, and applicable religious texts was conducted to address the question of whether brain death is accepted as true death among Islamic scholars and clinicians and to discuss how divergent opinions may affect clinical care. The results of the literature review inform this discussion. Brain death has been acknowledged as representing true death by many Muslim scholars and medical organizations, including the Islamic Fiqh Academies of the Organization of the Islamic Conference and the Muslim World League, the Islamic Medical Association of North America, and other faith-based medical organizations as well as legal rulings by multiple Islamic nations. However, consensus in the Muslim world is not unanimous, and a sizable minority accepts death by cardiopulmonary criteria only.

  9. Prosecuting Crimes of International Concern: Islamic State at the ICC?

    Directory of Open Access Journals (Sweden)

    Cóman Kenny

    2017-04-01

    Full Text Available The rise of Islamic State (IS has fundamentally altered the conception of terrorism, a development which international criminal law is arguably unprepared for. Given the scale and gravity of the group’s crimes, questions abound as to how those responsible will be held accountable. In the absence of significant domestic prosecutions and short of the establishment of a dedicated accountability mechanism, the International Criminal Court (ICC stands as the forum of last resort in which IS members could stand trial. Such a proposition is not without significant challenges, however. This article addresses some key issues facing any potential prosecutions from the perspective of: (i jurisdiction; (ii applicable crimes; and (iii modes of liability. First, as Syria, Iraq, and Libya are not States Parties to the Rome Statute, the available avenues for asserting jurisdiction will be assessed, namely: a Security Council referral; jurisdiction over so called ‘foreign fighters’ who are State Party nationals; and jurisdiction over attacks on the territory of a State Party and whether they could be considered part of a broader series of criminal acts in IS held territory. Second, as there is no crime of terrorism in the Rome Statute, the question of prosecuting acts encapsulated in a systematic campaign of terror through existing provisions will be assessed. Third, the regime of accountability at the ICC will be analysed in light of IS’s purported structure and the crimes with which it stands accused. Focus will be directed to those responsible for the propagation of genocidal propaganda and individuals who provide aid or assistance to IS which contributes to its crimes. These questions are far from theoretical. The UN has designated IS a threat to international peace and security. There follows an expectation that international criminal law should play a role in tackling one of the major criminal concerns of our time and ensure that impunity for those

  10. Islamic Political Thought between Justice Value and the State Structure

    Directory of Open Access Journals (Sweden)

    Ahmed As-Sirri

    2013-06-01

    Full Text Available The paper discusses the relationship between state structure and the implementing of justice in the Islamic society. The shift from caliphate system to the system of royal system starting from the Umayyad Dynasty (41-132 AH / 661-750 AD made the issue of social justice highly urgent. The main question discussed was : Is there a relationship between state structure and achieving social justice? To answer this question the paper reviews the relationship between religious authorities and political authorities in the main periods of Islamic history. Based on these relations as well as the intellectual product known as the “Heritage of Islamic Political Thought”, we concluded that the classical structure of Islamic state didn’t assure the implementing of justice. In light of the forgoing idea we could also conclude that the political islamic thought used today in context of “Arab spring” does not support the aspirations of building a modern state that assures the implementing of justice as well as variety of social, cultural and political rights.

  11. Islamic Banking and Financial Regulation in Malaysia: Between State Sharia, the Courts and the Islamic Moral Economy

    OpenAIRE

    Wilson, Emma

    2018-01-01

    This article examines Malaysia’s emergence as a global centre of Islamic finance through a pragmatic centralised regulatory framework that promotes legal certainty and consonance with the conventional financial system rather than the development of a distinctly Islamic moral economy. It also highlights the judiciary’s challenge to Central Bank regulatory dominance through civil sharia compliance cases based on Anglo-Muslim law.

  12. Access to Fertility Treatments for Homosexual and Unmarried Persons, through Iranian Law and Islamic Perspective

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    Reza Omani Samani

    2007-01-01

    Full Text Available Background: A family traditionally consisted of a married man, his wife, and their children. The new reproductive technologies including use of the third party as egg, sperm and embryo donation and also surrogacy have changed the traditional meanings of lineage, ancestry and family. The increasing number of lesbians and gays in addition to single women requesting fertility treatment from IVF centers in the world has brought a debate: “Can fertility treatment be offered to single persons or homosexuals?” According to ASRM and ESHRE taskforces, there is no such limitation, but as legislations and law, also ethical and social considerations depending on the culture, believes and religion of societies must be considered as limitations in some contexts like Iran.Materials and Methods: In this study we review the Iran law and also some Islamic resources about offering the fertility treatment to single mothers or homosexuals.Results: Homosexuality is not accepted in Islamic contexts and is considered as a crime. Children should have a family with both mother and father, unless they lose one of them or both. In the latter situation Islamic court will hand over the custody of the child to someone else like uncle or grandfather.Conclusion: We concluded that according to Islam and Iran’s law, fertility treatment cannot be offered to single mothers and homosexuals mostly because of welfare of the child.

  13. Zakat as Tax on the Perspective of Islamic Law

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    Andi Bahri

    2017-12-01

    Full Text Available Zakat as one of the pillars in Islam with dimensions ubudiyyah, ijtimaiyyah and iqtishadiyyah. As a country with the largest Muslim population in the world, Indonesia will potential benefit in zakat management. Based on calculation, the number of Muslim population will produce more zakat to increase ummah well-being in the zakat is managed in professional and accountable ways.  Majority of zakat management problems includes limited qualified human skills and human resources (HR in zakat management. In addition,  weak regulations has also resulted in slow improvment in the optimization of zakat management. As a solution to the chronic problem is to provide urgent solutions in the zakat management organization (OPZ. This includes the involvement of stakeholders (government in regulating the mechanism of zakat management and promoting public education about the obligations of zakat contribution. The position of zakat profession in Islam has similar position with other zakat income. As the result, the most accurate term given to  zakat profession is zakat income (kasab. While the position between zakat and tax, there are three arguments: First, zakat and taxes are equally paid by every taxpayer and zakat obligators. Second, a Muslim chooses either of the two instruments: paying zakat or paying taxes only. Third, a muslim chooses one between; zakat or taxes, and assume his/her choices are representative of both. If he/she pays taxes, then he/she considers the tax as zakat from his property.

  14. Law Review of Islamic Capital Market Role to Support Sustainable Economic Development

    Directory of Open Access Journals (Sweden)

    Helza Nova Lita

    2014-03-01

    Full Text Available Objective - The objective of this paper is to assess on how the rule of Islamic capital markets to support   sustainable economic development and what kind of instruments can be developed.Method – The method used in this research is the study of normative juridical approach to legislation and the concept of Islamic economics through literature review.Result – Issuer's business activities related to support for environmentally friendly business activities are part of the implementation of sharia principles despite the provisions of the implementation of Islamic finance through a decision has not been stated . All types of instruments issued by issuers of sharia in Indonesia should be consistent with Islamic economic values, including the commitment to enforcement of environmentally friendly business activities.Conclusion – This finding suggests to strengthen the legal instruments in the issuer's issuance of Islamic instruments in the form of regulations issued by the Securities and Exchange Commission  and through the National Fatwa Council of Sharia.Keywords : Islamic Capital Markets, sustainable economic development, friendly environment

  15. Islamic and Jewish Law of Ḥalal&Ḥaram: Analysis of Similarities & Differences (Urdu

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    Dr. Muhammad Ikramullah

    2017-01-01

    Full Text Available The world Semitic religions like Judaism, Christianity and Islam have given comprehensive regulations and code of life. Therefore; there has been a complete system and directions about “ḥalal” and “ḥaram” (kosher non-kosher means legal and illegal (treif’ in Jewish law.As Islam gives clear cut directives in beliefs, worships, ethics, economy and ways of life to guide the men in life; similarly the Judaism has also given clear regulations in these fields to guide its followers.Islam has taught its followers to eat and drink ‘ḥalal’ (Tayyib, so Judaism has also stressed on eating only ‘kosher’ (food that can be consumed according to Jewish law. For example in animals; meat of cow, bull, sheep and goat etc are legitimizing for eating in both the religions. Similarly the meat of pig is not allowed for men. Many things are similar in both these religions regarding dietary law.This article describes about ‘ḥalal’ and ‘kosher’ things in detail and tells what the similarities and dissimilarities regarding dietary laws are found in their religious literatures.

  16. CONCEPTUALIZING AUTHORITY OF THE LEGALIZATION OF INDONESIAN WOMEN’S RIGHTS IN ISLAMIC FAMILY LAW

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    Abu Rokhmad

    2017-12-01

    Full Text Available Various studies on Islamic family law (IFL in Indonesia demonstrate an enduring paradigm of patriarchal culture both in ideas and practical applications. This is a logical consequence of the attempts to enact the traditional Islamic doctrines in modern law. The domination of this culture in the IFL, that has resulted in the discrimination against women in Indonesia, has reached the alarming level calling for revision. The reform attempts also are needed in other other derivative legal products, such as local sharia regulation. All these efforts are needed in order to ensure justice and equal rights of children and women. This paper attempts to conceptualize a construction of patriarchal authority in legalizing the rights, role, and status of gender in Indonesia. The finding reveals that reconstruction of authority in the modern legislation of Islamic Family Law should be started with ensuring the equal rights of women both in the legal and judicial aspects. This requires involving women in an appropriate proportion within the making of public policy, family law legislation. Another needed strategy is advocacy of women's rights in order to avoid legal gender bias due to the political and legislative authorities dominated by male group.

  17. Medical experiments on persons with special needs, a comparative study of Islamic jurisprudence vs. Arab laws: UAE law as case study.

    Science.gov (United States)

    Hammad, Hamza Abed Al-Karim

    2014-01-01

    This article is a comparative study of medical experiments on persons with special needs in Islamic jurisprudence and Arab laws; United Arab Emirates (UAE) law as case study. The current study adopts a comparative analytical and descriptive approach. The conclusion of this study points out that the Convention on the Rights of Persons with Special Needs, ratified by a number of Arab States, including the United Arab Emirates, approves conducting medical experiments on persons with special needs, subject to their free consent. As a result of ratifying this Convention, a number of special laws were enacted to be enforced in the United Arab Emirates. On the other hand, this issue is controversial from an Islamic jurisprudence point of view. One group of jurisprudents permits conducting these experimentations if they are designed to treat the person involved, and prohibits such experimentations for scientific advancement. Other jurisprudents permit conducting medical experimentations on persons with special needs, whether the purpose of such experimentations is treatment of the disabled or achieving scientific advancement. The opinion of this group is consistent with the International Convention and the Arab laws in this respect. However, neither the Convention nor the Arab laws regulate this matter by specific and comprehensive conditions, as addressed by some contemporary scholars. It is recommended that the Convention and the Arab laws adopt these conditions. Additionally, the Convention does not state whether the experimentations may be conducted for the interest of the person with disability or for the purpose of scientific advancement. The text of the Convention is unclear and therefore requires further illumination.

  18. Abortion law in Muslim-majority countries: an overview of the Islamic discourse with policy implications.

    Science.gov (United States)

    Shapiro, Gilla K

    2014-07-01

    Religion plays a significant role in a patient’s bioethical decision to have an abortion as well as in a country’s abortion policy. Nevertheless, a holistic understanding of the Islamic position remains under-researched. This study first conducted a detailed and systematic analysis of Islam’s position towards abortion through examining the most authoritative biblical texts (i.e. the Quran and Sunnah) as well as other informative factors (i.e. contemporary fatwas, Islamic mysticism and broader Islamic principles, interest groups, and transnational Islamic organizations). Although Islamic jurisprudence does not encourage abortion, there is no direct biblical prohibition. Positions on abortion are notably variable, and many religious scholars permit abortion in particular circumstances during specific stages of gestational development. It is generally agreed that the least blameworthy abortion is when the life of the pregnant woman is threatened and when 120 days have not lapsed; however, there is remarkable heterogeneity in regards to other circumstances (e.g. preserving physical or mental health, foetal impairment, rape, or social or economic reasons), and later gestational development of the foetus. This study secondly conducted a cross-country examination of abortion rights in Muslim-majority countries. A predominantly conservative approach was found whereby 18 of 47 countries do not allow abortion under any circumstances besides saving the life of the pregnant woman. Nevertheless, there was substantial diversity between countries, and 10 countries allowed abortion ‘on request’. Discursive elements that may enable policy development in Muslim-majority countries as well as future research that may enhance the study of abortion rights are discussed. Particularly, more lenient abortion laws may be achieved through disabusing individuals that the most authoritative texts unambiguously oppose abortion, highlighting more lenient interpretations that exist in

  19. Social Responsibility and the State's Duty to provide Healthcare: An Islamic Ethico-Legal Perspective.

    Science.gov (United States)

    Padela, Aasim I

    2017-12-01

    The United Nations Educational, Scientific and Cultural Organization's (UNESCO) Declaration on Bioethics and Human Rights asserts that governments are morally obliged to promote health and to provide access to quality healthcare, essential medicines and adequate nutrition and water to all members of society. According to UNESCO, this obligation is grounded in a moral commitment to promoting fundamental human rights and emerges from the principle of social responsibility. Yet in an era of ethical pluralism and contentions over the universality of human rights conventions, the extent to which the UNESCO Declaration can motivate behaviors and policies rests, at least in part, upon accepting the moral arguments it makes. In this essay I reflect on a state's moral obligation to provide healthcare from the perspective of Islamic moral theology and law. I examine how Islamic ethico-legal conceptual analogues for human rights and communal responsibility, ḥuqūq al-'ibād and farḍ al-kifāyah and other related constructs might be used to advance a moral argument for healthcare provision by the state. Moving from theory to application, I next illustrate how notions of human rights and social responsibility were used by Muslim stakeholders to buttress moral arguments to support American healthcare reform. In this way, the paper advance discourses on a universal bioethics and common morality by bringing into view the concordances and discordances between Islamic ethico-legal constructs and moral arguments advanced by transnational health policy advocates. It also provides insight into applied Islamic bioethics by demonstrating how Islamic ethico-legal values might inform the discursive outputs of Muslim organizations. © 2016 John Wiley & Sons Ltd.

  20. Aspects of the Management of the Rising Life Comparing Islamic Law and the Laws of Modern Muslim States De la manière de considérer l’aube de la vie : une comparaison entre droit musulman et droits des États musulmans contemporains

    Directory of Open Access Journals (Sweden)

    Dariusch Atighetchi

    2010-07-01

    Full Text Available The author presents leading Muslim positions on issues of contraception, abortion, medically assisted reproduction, cloning and stem cells. This article demonstrates the complexity and heterogeneity of the rulings of “classical” Islamic law as well as those of contemporary judges. It deals as well with the social consequences of the new reproductive technologies. The diversity of the legal positions taken by different Muslim states derives from a rich legal tradition, from which may yet develop very diverse legislative approaches to matters related to reproduction.Sont présentées les principales positions musulmanes sur les thèmes relatifs à la contraception, l’avortement, la procréation artificielle, le clonage et les cellules souches. Cet article met ainsi en évidence la complexité et l’hétérogénéité des opinions énoncées par le droit musulman «classique» et par les opinions juridiques contemporaines. Il aborde également les conséquences sociales de l’utilisation des nouvelles technologies de procréation. Les différentes positions juridiques entre les États musulmans constituent des expressions dérivées d’un background juridique qui est en soi très riche et duquel peuvent se développer des législations très diverses relativement au sujet de la contraception, de l’avortement.…

  1. HEADMASTER POLICY OF SENIOR ISLAMIC SCHOOL TO INCREAS TEACHER PROFESIONALISM AT STATE SENIOR ISLAMIC SCHOOL 2 MODEL MEDAN

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    Muhammad Arifin Tanjung

    2017-09-01

    Full Text Available State Senior Islamic School 2 Model Medan oh of famous Islamic schools in North Sumatera. The issues in this writing are what are the formulation, organization, application, and evaluation of headmaster Policy of Senior Islamic School to Increase Teacher Professionalism at State Senior Islamic School 2 Model Medan. To explain the main issue in this writings, I have to observe and interview the Moslem population. Data has been collected will be explained detailly and analyzed by Islamic education management. Based on research, formulation of headmaster Policy of Senior Islamic School to Increase Teacher Professionalism at State Senior Islamic School 2 Model Medan is bottom up which ideas from teachers, beginning from teachers meeting in one subject, teachers meeting in one program, annual meeting in a month and annual meeting in a year, and finally in teamwork, for example, anual teachers meeting, seminar, workshop, coffee morning, study comparison to university and another school. It will motivate teacher in teaching, activity, and anything. Besides it, headmaster facilitates everything whatever teacher need it, for example, infocus, laptop, and everything. And the organization of headmaster Policy of Senior Islamic School to Increase Teacher Professionalism at State Senior Islamic School 2 Model Medan is cooperation with the school community and he helped by vices and head program and teachers and chairman of the student. The special of school organization is evaluation of teachers activity and relation to abroad. Headmaster states his position as a teacher who teaches students, a leader who leads teachers, a manager who manages, a motivator who motivate, a supervisor who supervise teachers activity, and facilitator for teachers. And finally evaluation of headmaster Policy of Senior Islamic School to Increase the Teacher Professionalism at State Senior Islamic School 2 Model Medan each level, beginning from teachers meeting in one subject

  2. The Islamic State and U.S. Policy

    Science.gov (United States)

    2017-02-02

    comprised of radicalized indigenous Bedouin Arabs, foreign fighters, and Palestinian militants. On social media , the group has displayed various...this statement, the group has since referred to itself simply as “the Islamic State,” although U.S. government officials, some international media ...interest, including Nigeria, Libya, Egypt, Jordan, Israel, Turkey, Yemen , Saudi Arabia, Somalia, Afghanistan, Pakistan, India, Russia, and Indonesia. U.S

  3. Protection of the Children in Armed Conflicts (Approaches of International Law and Islamic Law

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    Seyed Mostafa Mirmohammadi

    2007-11-01

    Full Text Available The inauspicious phenomenon of war violates and threatens all rights of the children including right to life, right to live in the family, right to health, right to progress and right to education. According to the recent reports of the international organizations, forced conscription and direct involvement of the children in the conflicts, killing and disabling them, attack on the schools and hospitals, kidnapping, child sexual exploitation, and depriving them of access to humanitarian reliefs are six cases of violence which are committed against the children in armed conflicts. The present article is an attempt to comparatively study the Islamic approach and international approach to protection of children in armed conflicts in the light of the recent reports. The Islamic law and the international law both have general and special provisions for the protection of children. Children’s interests are protected in the reduction of big and small weapons. پدیده نامیمون جنگ همه حقوق کودکان از جمله حق حیات، حق زندگی در کنار خانواده، حق بهداشت، حق پیشرفت و تحصیل کودکان را نقض و تهدید می‌کند. مطابق گزارش‌های جدید مجامع بین‌المللی، سربازگیری اجباری و مشارکت دادن مستقیم کودکان در درگیری‌ها، کشتن و نقص عضو ، هجوم به مدارس و بیمارستان‌ها، ربودن، تجاوز و خشونت جنسی و محروم کردن از دسترسی به کمک‌های انسان دوستانه، شش مورد از خشونت‌هایی است که در درگیری‌های مسلحانه علیه کودکان اعمال می‌شود. مقاله حاضر با ملاحظه گزارش‌های جدید و در یک مطالعه تطبیقی طی سه گفتار، رهیافت‌های بین‌المللی و اسلامی حمایت از

  4. The Dark Side of the Economy: A Comparative Analysis of the Islamic State's Revenue Streams

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    Wes H Cooper

    2017-02-01

    Full Text Available The Islamic State’s ambitious goals have led to the organization obtaining a large amount of costs. However, the Islamic State does not have adequate revenue streams to maintain these expenditures. This paper compares the Islamic State’s costs and revenue streams with two similar organizations, Hizballah and Al Qaeda. The comparison will explain that the Islamic State’s revenue streams are not as efficient and diversified as Hizballah and Al Qaeda’s revenue streams have historically been. As a result of inefficient and unvaried revenue streams, the Islamic State will be forced to structurally change.

  5. Konsep Fiqah Malaysia dalam Perundangan Islam: Satu Pengenalan (The Concept of Malaysian Fiqah in Islamic Law: An Introduction)

    OpenAIRE

    Rahimin Affandi Abd. Rahim; Shamsiah Mohamad; Paizah Ismail; Nor Hayati Mohd Dahlal

    2010-01-01

    Kajian ini bertujuan untuk menunjukkan sifat dinamik konsep fiqah dalam sistem perundangan Islam Malaysia yang menekankan kepentingan hubungan dengan Allah dan sesama makhluk. Teori utama yang digunakan adalah teori epistemologi hukum Islam yang menetapkan bahawa sifat kelestarian sistem hukum Islam hanya boleh dicapai melalui pembentukan kerangka epistemologi (apa, bagaimana dan untuk tujuan apa) yang jelas. Bagi mencapai objektif, kajian ini menggunakan kaedah pengumpulan data primer dan da...

  6. Islamic State, Identity, and the Global Jihadist Movement: How is Islamic State successful at recruiting “ordinary” people?

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    Alyssa Chassman

    2016-12-01

    Full Text Available What conditions breed radicalization? How does Islamic State capitalize on those conditions to maximize their recruitment numbers? The foreign fighter phenomenon has puzzled academics, particularly as the crisis in Iraq and Syria has seen an influx of foreign fighters from “ordinary” backgrounds. This analysis attempts encapsulate why Islamic State is successful at recruiting foreign fighters by looking at their recruitment strategies in practice in conjunction with secondary analysis of identity theories and sociological processes of recruitment. The analysis finds that identity crises are key factor in the process, and IS recruiters are methodical in their approach of how they interject their ideology on the hearts and minds of the vulnerable.

  7. TEORI KONFLIK DALAM PERSFEKTIF HUKUM ISLAM: INTERKONEKSI ISLAM DAN SOSIAL

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    Hayat

    2013-12-01

    Full Text Available Religion as an ideology in society is believed to allow it to become a paradigm as a solution to conflicts. Islam is a rahmat li al-ālamīn religion in the life of mankind with conflicts settlement construction in the community as connectivity with customary law (ethics, moral values, character, and culture and state laws that in fact emerged from the discourse of Islamic law. Religion becomes a balancing of social conflicts that arise from a variety of indicators, because Islam is a legal consensus that includes a variety of conditions and situations of society. Therefore, Islam as a principle regulator of human order become a theory of conflict resolution in the minds of some scientists that suggests an existence of Islam in it

  8. Dialetic Between Islamic Law and Adat Law in the Nusantara: A Reinterpretation of the Terengganu Inscription in the 14th Century

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    Ayang Utriza Yakin

    2015-02-01

    Full Text Available This article discusses the inscription found in Terengganu, which originated in the early XIV Century. The inscription documents the laws implemented by the rulers of the time. These texts reveal that the laws of this time came from two sources: Islamic law and customary (adat law. In other words, the inscription indicates that legal pluralism was already in existence by the 14th Century. Adat law was the principle legal system in place, playing an important role in the archipelagic society at the time. However, there was an alternative system of Islamic law (e.g. stoning as a punishment for adultery in place for lower social classes. This finding suggests that Islamic law was already in existence in the early 14th century—much earlier than the prevailing understanding of the history of Islamic law suggests. The article contributes by providing the new transliteration from Jawi into Latin characters and the new translation from old-Malay into modern English, which are arguably more accurate than the previous work.

  9. Islam, Standards, and Technoscience

    DEFF Research Database (Denmark)

    Fischer, Johan

    Halal (literally, "permissible" or "lawful") production, trade, and standards have become essential to state-regulated Islam and to companies in contemporary Malaysia and Singapore, giving these two countries a special position in the rapidly expanding global market for halal products......, this book provides an exploration of the role of halal production, trade, and standards. Fischer explains how the global markets for halal comprise divergent zones in which Islam, markets, regulatory institutions, and technoscience interact and diverge. Focusing on the "bigger institutional picture...

  10. The Phenomenon of «Islamic State»

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    Andrei V. Fedorchenko

    2015-01-01

    Full Text Available On the first day of the holy month of Ramadan July 29,2014, jihadist organization "Islamic State" (IG, formerly known as "Islamic State of Iraq and the Levant" (ISIS, announced the creation of a "caliphate" in the areas controlled by its militants in Iraq and Syria. Using the weakness of state power and poignancy of inter-ethnic, inter-tribal conflicts, the leaders of the ISIS were able to multiply the number of its supporters and increase their influence. The crisis of "secular ideologies" (primarily Western liberalism and communism, greatly contributed to the success of "Islamic boom", including the creation of the ISIS. It prompted broad appeal to the Muslim masses on the ideological basis closer to them in spirit, mentality, purely religious values. The ISIS is funded better than any other extremist group before it. At least five sources of replenishment of its finances can be named. Current goals ofjihadists include the use of a power vacuum, bringing chaos in the various territories in the Muslim world, and prepare the ground for the transition to the ultimate goal of the program, namely the re-establishment, as it is declared, of the powerful theocratic state - the Caliphate, in the likeness of that which existed in Middle Ages, during the victorious Muslim conquests in the VII-IX centuries. The effectiveness of the fight against the ISIS depends on a combination of political, military, economic and social measures. Furthermore, it should be coordinated internationally. International coordination of anti-terrorist activities of Russia with the West and the East should bring positive results.

  11. An analysis on the issues of the rights of spouses in the Islamic Family Law in Malaysia

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    Md Zawawi Bin Abu Bakar

    2013-07-01

    Full Text Available This paper intends to analyze problems regarding mutual rights of Muslims married couple in Malaysia. It has drawn the attention of many researchers to carry out studies on this issue since there have been accusations and complaints on the implementation of the Islamic Family Law (IFL by the Syariah Court, which is said to have discriminated the wife/women of their rights. The qualitative approach research employed interviews and content analysis as method of study on the Islamic Family Law as well as on the documented cases. The results of the research showed that among the most disputable cases were matters related to polygamy, fasakh, jointly acquired property and children custodian. Conversely, all data were analyzed by using the qualitative data analysis, concluded that the Islamic Family Law in Malaysia has infact implemented the concept of equality.

  12. A Comparative Study of the principle of Penal and Criminal Laws in Islam and Judaism

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    Mohammad Reza Haji Esmaili

    2013-09-01

    Full Text Available In the field of religious studies, study of previous religions and orders is important, because divine religions have a one truth and essence; Judaism, Christianity and Islam are relative religions and have a common history. All three are attributed to religion of Abraham, Hence are called the "Abraham religions". All three of them have Semitic origins; therefore they are called the "Semitic religions". All three believe in one God, and for that, they are called "monotheistic religions". Though Islam subscribes the past of Jewish, does not necessarily defends all the Jewish teachings and holy books in its current form. However, these two religions are very similar and that is the value that they have given to religion. So that, none of the major live religions of the world have not such esteem. Many similarities in principles of the two relative religions have provided a suitable ground for comparative studies. In the field of law studies also found many similarities between two religions. The scriptures as a source of laws, criminal law, criminalization and punishments and ... all are of the important law issues that the way of their expression in both religions have many similarities. Since religion has a special place in Judaism and Islam, this research aims to review the principles and elements of criminal as well as some penalty goals in the religious teachings sphere of these two religions. In this regard, verses of The Quran, authentic hadiths (traditions and The Torah should be known as the main sources of recognition of these two religious orders.  Although Torah has been distorted, but this does not mean that everything is distorted in Torah. There are many juridical and ethical rules in Torah that cannot doubt in their divinity. In the other hand, many of the adventures happened to the Moses Prophet and the Israelites have been mentioned with slight variations in The Qur'an which is immune to any distortion. In the juridical

  13. A Comparative Study of the principle of Penal and Criminal Laws in Islam and Judaism

    Directory of Open Access Journals (Sweden)

    Mohammad Reza Haji Esmaili

    Full Text Available In the field of religious studies, study of previous religions and orders is important, because divine religions have a one truth and essence; Judaism, Christianity and Islam are relative religions and have a common history. All three are attributed to religion of Abraham, Hence are called the "Abraham religions". All three of them have Semitic origins; therefore they are called the "Semitic religions". All three believe in one God, and for that, they are called "monotheistic religions". Though Islam subscribes the past of Jewish, does not necessarily defends all the Jewish teachings and holy books in its current form. However, these two religions are very similar and that is the value that they have given to religion. So that, none of the major live religions of the world have not such esteem. Many similarities in principles of the two relative religions have provided a suitable ground for comparative studies. In the field of law studies also found many similarities between two religions. The scriptures as a source of laws, criminal law, criminalization and punishments and ... all are of the important law issues that the way of their expression in both religions have many similarities. Since religion has a special place in Judaism and Islam, this research aims to review the principles and elements of criminal as well as some penalty goals in the religious teachings sphere of these two religions. In this regard, verses of The Quran, authentic hadiths (traditions and The Torah should be known as the main sources of recognition of these two religious orders. Although Torah has been distorted, but this does not mean that everything is distorted in Torah. There are many juridical and ethical rules in Torah that cannot doubt in their divinity. In the other hand, many of the adventures happened to the Moses Prophet and the Israelites have been mentioned with slight variations in The Qur'an which is immune to any distortion. In the juridical doctrines

  14. A Comparative Study of the principle of Penal and Criminal Laws in Islam and Judaism

    Directory of Open Access Journals (Sweden)

    Payman Kamalvand

    2013-08-01

    Full Text Available In the field of religious studies, study of previous religions and orders is important, because divine religions have a one truth and essence; Judaism, Christianity and Islam are relative religions and have a common history. All three are attributed to religion of Abraham, Hence are called the "Abraham religions". All three of them have Semitic origins; therefore they are called the "Semitic religions". All three believe in one God, and for that, they are called "monotheistic religions". Though Islam subscribes the past of Jewish, does not necessarily defends all the Jewish teachings and holy books in its current form. However, these two religions are very similar and that is the value that they have given to religion. So that, none of the major live religions of the world have not such esteem. Many similarities in principles of the two relative religions have provided a suitable ground for comparative studies. In the field of law studies also found many similarities between two religions. The scriptures as a source of laws, criminal law, criminalization and punishments and ... all are of the important law issues that the way of their expression in both religions have many similarities. Since religion has a special place in Judaism and Islam, this research aims to review the principles and elements of criminal as well as some penalty goals in the religious teachings sphere of these two religions. In this regard, verses of The Quran, authentic hadiths (traditions and The Torah should be known as the main sources of recognition of these two religious orders.  Although Torah has been distorted, but this does not mean that everything is distorted in Torah. There are many juridical and ethical rules in Torah that cannot doubt in their divinity. In the other hand, many of the adventures happened to the Moses Prophet and the Israelites have been mentioned with slight variations in The Qur'an which is immune to any distortion. In the juridical

  15. Lodhi 5 Properties Investments CC v FirstRand Bank Limited [2015] 3 All SA 32 (SCA and the Enforcement of Islamic Banking Law in South Africa

    Directory of Open Access Journals (Sweden)

    Maphuti David Tuba

    2017-03-01

    Full Text Available On 22 May 2015, the Supreme Court of Appeal (SCA handed down a judgment in the matter of Lodhi 5 Properties Investments CC v FirstRand Bank Limited [2015] 3 All SA 32 (SCA. This judgement considered whether the prohibition against the charging of interest on a loan in terms of Islamic law (Sharia law may be a defence for a claim for mora interest in terms of a loan agreement. This note critically discusses the judgment in the light of the approach adopted by the SCA with regard to addressing a dispute arising from a contract that has Islamic law as a governing law. As this is the first case to come before the SCA in South Africa, this note critically analyses how the court discussed the principles of Islamic law as applicable to the dispute between the parties. In particular, it questions the court's assertion that a claim for mora interest has nothing to do with and is not affected by the Sharia law's prohibition against payment of interest on a loan debt. It also looks at the SCA's approach (as a common law court with regard to the enforcement of the principles of Islamic banking law. The judgment raises important issues regarding the enforceability of Islamic finance law and therefore merits discussion in the context of the continuing growth and expansion of Islamic banking and finance law in South Africa.

  16. The Concept of Bay'a in the Islamic State's Ideology

    NARCIS (Netherlands)

    Wagemakers, J.

    2015-01-01

    Given the long roots of bay‘a (pledge of allegiance) in Islamic tradition and the controversial claim by the Islamic State (IS) to be a caliphate, the application of bay‘a to the group’s leader, Abu Bakr al-Baghdadi, and his project is a contested issue among radical Islamists. Based on secondary

  17. MARKET FAIRNESS IN ISLAMIC ECONOMICS LAW AND ETHICS: A Study on Modern and Traditional Market Regulations in Indonesia

    Directory of Open Access Journals (Sweden)

    Mustapa Khamal Rokan

    2015-06-01

    Full Text Available This study has been motivated by unfair market conditions in the form of marginalization of traditional markets in Indonesia due to unequal competition with the modern market. This article tries to find a fair legal formulation to maintain the existence of a small market (traditional. To find the legal formulation, the author attempts to discuss market regulation in Indonesian legislation, analyzed and found it to be optimized to create a fair market arrangements in the perspective of Islamic law. This study propose a paradigm that the market functions not only as an business institution but also as religious and social institutions based on brotherhood which requires mutual respect and responsibility. There are prescriptive law to maintain the existence of traditional markets in Indonesia, which optimizes the concept of ownership as a form of common ownership and optimize the regulation of cooperation between the traditional and the modern market economy based on the doctrine of Islamic law.

  18. The Islamic State" in the Context of Political Changes in the Middle East

    Directory of Open Access Journals (Sweden)

    Alexander A. Kuznetsov

    2015-01-01

    Full Text Available The article "The Islamic State phenomenon in the framework of the political changes in the Middle East" is dedicated to the "Islamic State", one of the most powerful and dangerous extremist organizations. Author realizes in this article: research of the genesis and causes of appearance of the movement "Islamic State"; analysis of the sociopolitical and geopolitical situation of the Iraqi Sunni community after the American invasion of 2003; bringing to the light factors of the high scale propagation of the Islamic extremism in Syria and Iraq; research of the military and political potential of the "Islamic State" and factors which could impede its expansion. Author considers "Islamic State" as an emergent phenomenon giving huge impact on the political situation in the Middle East. It provoked repartition of the old frontiers existed since the Sykes-Pico treaty of 1916. To the author's opinion oppression of the Iraqi Sunni community by the government of Nuri al-Maliki was the main cause of the Sunni revolt in Summer of 2014. Sunni tribes of Northern Iraq and former Baath party members were the driving forces of the revolt but then Jihadi extremists hijacked this revolt. To the author's mind elimination of the "Islamic State" is impossible without reconciliation between various religious communities in Syria and Iraq.

  19. INTERNATIONAL HUMAN RIGHT AND ISLAMIC LAW: Sebuah Upaya “Menuntaskan” Wacana-Wacana Kemanusiaan

    Directory of Open Access Journals (Sweden)

    Febri Hijroh Mukhlis

    2017-12-01

    Full Text Available Abstract: Islam offers eternal universal message, namely justice, equality, respect and humanity. This universal message is the holy Sunnah of the Prophet.  Due to the advanced information and technology, the current problems of mankind increasingly appear. The problem can be viewed positively if everyone  understands completely the universal message of prophethood by always stand in the social-humanity. This articleis intended to examine the issue of human rights and Islamic law as an effort to end the dichotomy between Islam and humanitarian problems. It employed descriptive qualitative study that concern with a conceptual disputes. The findings showed that the dichotomy between the concept of human rights and Islamic law must be completed in terms of equality and humanity. Humanitarian affairs are a common action regardless of any interests, religion, politics, culture and even knowledge. If the harmony and understanding between the concept of humanity in the religious or tauhid framework is absence, the understanding of humanity must be freed from all forms of identity interest. Islamic law and human rights are two matters that support each other. Islam respects human rights and vice versa. The religious view must be universal as the views of human rights should also be universal. Each restricted view narrows the relationship.    كان الإسلام يحمل رسالة عالمية وهي العدالة والمساواة والاحترام والإنسانية. ملخص:وهذه الرسالة العالمية في الواقع من السنة النبوية المقدسة. ولكن الآن هناك مشكلات متنوعة يواجهها الإنسان فى عصر المعلومات والتكنولوجيات. وهذه المشكلات يمكن أن تكون إيجابية إذا كان الإنسان يفهم حقوق الرسالة النبوية العالمية التي تميل دائما إلى مجال الاجتماعي

  20. Imperial Russia as Dar al-Islam? Nineteenth-Century Debates on Ijtihad and Taqlid among the Volga Tatars

    NARCIS (Netherlands)

    Kemper, M.

    2015-01-01

    The Muslims of the Russian Empire provide us with some interesting cases of how local Islamic scholars used the language and genres of Islamic law to describe their situation in a "northern" and non-Muslim state. The development of Islamic law in nineteenth-century Russia was influenced by close

  1. Women’s Equal Rights and Islam in Sudanese Republican Thought: A Translation of Three Family Law Booklets from 1975, Produced and Circulated by the Republican Sisters

    OpenAIRE

    al-Nagar, Samia; Tønnessen, Liv; Taha, Asma Mahmoud Muhammed

    2015-01-01

    This paper includes a translation of three booklets produced by the Sudanese Republican Sisters in commemoration of International Women’s Day in 1975: (i) Women Rights in the Constitution and under Sudanese Sharia Laws , (i) Divorce Is Not an Original Precept in Islam , and (iii) Polygamy Is Not a Principle of Islam. The booklets give insights into radical views on women’s equal rights in Islam long before the term “Islamic feminism” started to circulate. The booklets tackle contested iss...

  2. Financial Futures of the Islamic State of Iraq and the Levant

    Science.gov (United States)

    2017-03-27

    RAND Corporation, 2010. 8 Financial Futures of the Islamic State of Iraq and the Levant ground memo sent to all workshop participants in advance ...been several credible reports, especially in the Financial Times and New York Times.23 The rest of this section draws from those accounts . The group... Financial Futures of the Islamic State of Iraq and the Levant Findings from a RAND Corporation Workshop Colin P. Clarke, Kimberly Jackson, Patrick

  3. The insurgency business: the Islamic State in Iraq and Syria, 2010-2016

    OpenAIRE

    Pillot, Beau L.

    2017-01-01

    Approved for public release; distribution is unlimited The Islamic State (IS)--also known as Islamic State of Iraq and the Syria (ISIS)--managed to seize large swaths of territory within the sovereign countries of Iraq and Syria from 2011 to 2016. Even though its caliphate has been reduced in size and scope in 2017, the IS's entrepreneurial capability to effectively manage money, manpower, and materiel has enabled it to develop its brand as the deadliest and most widely known terrorist org...

  4. Microcredit supply under Islamic Banking in Khartoum State, Sudan

    African Journals Online (AJOL)

    kirstam

    been negatively impacted by the financial sanctions imposed on Sudan since ... to in Arabic language as “Riba”1 is the most significant principle of Islamic finance. ..... of microcredit approval among those who maintain accounting records is ...

  5. Arabism and Islam: Stateless Nations and Nationless States

    National Research Council Canada - National Science Library

    Helms, Christine M

    1990-01-01

    During the 1980s, Islamic activists in the Arab Middle East have challenged the definition of "legitimate authority" and provided the means and rationale for revolutionary change, hoping to pressure...

  6. Communication Breakdown: Unraveling the Islamic States Media Efforts

    Science.gov (United States)

    2016-10-01

    Communication Breakdown: Unraveling the Islamic State’s Media Efforts Daniel Milton Communication Breakdown: Unraveling the Islamic State’s Media ...production arm of central media office).28 The high level of communication between the central media office and the satellite offices illustrates the tension...and discussed by the mass media . Those products are likely important to the group’s recruitment efforts, but clearly it is trying to portray itself

  7. ISLAMIC PARTIES AND THE POLITICS OF CONSTITUTIONALISM IN INDONESIA

    Directory of Open Access Journals (Sweden)

    Mukrimin Mukrimin

    2012-12-01

    Full Text Available This article examines the relationship between religion and the state in Indonesia by exploring how Islam is used by political parties to shape the politics. The study shows that Islamic politics is a complementary in both nationhood and statehood in Indonesia. From the early days of the new-born nation-state, Muslims in Indonesia had played significant role in shaping the nation; nonetheless, they have never dominated the political power. Fragmentation among Muslims themselves and internal political parties is among the reason why religious (Islamic parties failed in bringing religious identity to the state arena. Political subordination-inclusion-ignorance-confrontation is the circular game that features Islamic politics in Indonesia. The debatable issue on shari‘ah law, which is frequently used by Islamic parties, always becomes the core problem of the relation between Islam and the state. Even though Islam has played an important role in colouring the Indonesian politics, its existence remains complementary.

  8. Islam Dan Demokrasi Di Malaysia: Hubungan Agama Dan Negara Yang Unik

    OpenAIRE

    Sahidah, Ahmad

    2011-01-01

    Some Malaysian people has repudiated their country as an Islamic state. At the same time, the other people, especially Muslims, asserted that Malaysia already is and ought to be regarded such. The participation of Malaysia in Organization of the Islamic Conference and the enactment of syari'ah in its law system has evident in it self. From the discourse of Islamic politics, however, the Islamic state is not a monolithic concept. Interestingly, after the Pakatan Rakyat won many seats in parlia...

  9. TRANSFORMATION OF MAQÂSHID Al-SYARÎ’AH (An Overview of the Development of Islamic Law in Indonesia

    Directory of Open Access Journals (Sweden)

    Absori .

    2016-07-01

    Full Text Available Abstract:This study is part of an effort to systematize the basic conception of the values of the sharia as the foundation in the life of nation and state life, where the orientation is to embody the essence of the religious life through the maqâshid al-syarî`ah. Islam as al-dîn has been providing the basics of life of Muslims through the al-Qur’an and as-Sunnah. Both of these contain guidance values of human life, including in running the sharia for Muslims. Sharia (syarî`ah in perspective of terminology is "street". In an isthilâhî perspective, it is a way to get to God. The basic meaning of sharia itself should be realized in the basic understanding maqâshid al-syarî`ah, which can be interpreted within the scope of statehood, because the meaning contained are the values of universality of maqâshid al-syarî`ah. In the context of Indonesian, then maqâshid al-syarî`ah is part of the basic conception air Almighty God with the aim of creating prosperity for the people of Indonesia. In this study, the approach used is the doctrinal bases to study literature. This study is the strengthening of the maqâshid al-syarî`ah as the basis for the development of Islamic law.Abstrak:Kajian ini merupakan bagian dari upaya untuk sistematisasi konsep dasar dari nilai-nilai syari’ah sebagai pondasi dalam kehidupan berbangsa dan kehidupan bernegara, dimana orientasi tersebut adalah untuk mewujudkan hakikat kehidupan dalam beragama melalui maqâshid al-syarî`ah. Islam sebagai al-dîn telah memberikan dasar-dasar kehidupan umat Muslim melalui al-Qur’an dan al-Sunnah. Kedua hal tersebut mengandung nilai-nilai tuntunan kehidupan umat manusia termasuk dalam menjalankan syariah bagi umat Muslim. Syari’ah dalam perspektif terminologi merupakan “jalan”. Sedangkan secara isthilâhî, ia dimaknai sebagai jalan untuk sampai kepada Allah SWT. Makna dasar dari syari’ah itu sendiri harus diwujudkan dalam pemahaman dasar maqâshid al-syarî’ah, di

  10. Activity Of The Moderate And Radical Islamic Organizations In The European States

    Directory of Open Access Journals (Sweden)

    Nina V. Volodina

    2014-12-01

    Full Text Available In the present article author examines various aspects of Islamic organizations functioning in modern European countries. In the world the dangerous situation due to the spread of radical Islamic views, this is directly related to safety arose. Author researches some aspects of Islamic organizations in Europe functioning and their division into "moderate" and "radical". Author notes that the concept of "moderate Islam" is actively used in the western countries. In the article it is emphasized that supporters of such division believe that it is the "moderate Islamists" may help deal with the terrorist threat. Author gives definition of "religious extremism" and analyzes activities of Islamic organizations in Germany and France, as well as other European countries at the present stage of their development. In the process of study author pays enough attention to the notion of "spreading radicalism within the law", analyze existing legal acts. In the article problems of financing extremist organizations is pointed out and the need to create a set of joint measures to counter extremism and terrorism by Russian Federation and European countries, further improvement of law-enforcement is identified.

  11. Islamic State and Its Attitude to the Terrorist Attacks on the Energy Sector

    Directory of Open Access Journals (Sweden)

    Lukáš Tichý

    2016-06-01

    Full Text Available The main aim of this article is both to analyze the importance of the terrorist attacks on energy infrastructure and industry for strategy of militant terrorist organization Islamic State against the background of the influence of Islam and to describe a specific example and manifestations of the terrorist activities focused on energy sector in the Middle East and North Africa. In the theoretical level, the article is based on the concept of terrorist attack on energy sector and relation between energy and Sunni Islam. In methodological level, the article is based on the case study method framing terrorist attacks of Islamic State on energy industry and infrastructure in Iraq, Syria and Libya.

  12. Sheikh al-Amin Mazrui (1891-1947) and the Dilemma of Islamic Law ...

    African Journals Online (AJOL)

    Sheikh al-Amin b. Ali al-Mazrui is regarded as the pioneer of reform activities within Sunnī Islam in East Africa. From the 1930s and 1940s, this scholar championed a call for Islamic reform by publicly and through numerous publications denouncing local practices prevalent among the Muslims in the region as religious ...

  13. Foundations of the Islamic State: Management, Money, and Terror in Iraq, 2005-2010

    Science.gov (United States)

    2016-01-01

    effect through high-profile spectacular attacks, kid - nappings, and beheadings; and fomenting sectarian conflict through a deliberate campaign that...from the Yazidi religion, viewed by the Islamic State as a form of devil worship, are sold for sex .5 Even where there seems to be dramatic change...Ordeal as ISIL Sex Slave,” Telegraph, September 7, 2014. 6 Charlie Winter, The Virtual “Caliphate”: Understanding Islamic State’s Propaganda Strat

  14. THE BAND OF ABDUL QAHHAR MUDZAKKAR: Biographical Sketch of Rebelious Leaders of Islamic State-Indonesian Islamic Army (DI/TII of Sulawesi

    Directory of Open Access Journals (Sweden)

    Muhammad Hasbi

    2014-12-01

    Full Text Available The rebellious movement of Islamic State-Indonesian Islamic Army (DI/TII began from dissa­tis­faction towards the secular state of newly indepen­dent Indonesia. Abd. Qahhar Mudzakkar, the leader of DI/TII in Sulawesi and his followers revolted against the govern­ment, and subsequently formed their own Islamic government. Since Qahhar graduated from Muhammadiyah school, his theological basis in his cause to establishing an Islamc state is very prevalent. He believed that his Islamic state is to uphold the truth and to defend the religion of Allah. Thus whoever opposed his DI/TII movement would be considered infidel simply because of favoring or supporting the Indonesian government they considered secular and communist. His followers and supporters were preachers and clerics, who helped Qahhar by carrying out specific functions and positions in his Islamic state. In addition, those people played an important role in getting recognition and acceptance of Sulawesi muslim society for Islamic state campaign launched by Abdul Qahhar Mudzak­kar. Without their involvement, DI/TII would never had been so popular among muslim community in Sulawesi.

  15. INCORPORATING ISLAMISM INTO SECULAR EDUCATION SYSTEM: An Attempt of Gradual Islamization of the State and Society by an Indonesian Tarbiyah Movement in Jambi

    Directory of Open Access Journals (Sweden)

    Suaidi Asyari

    2017-07-01

    Full Text Available The downfall of the New Order regime in 1998, which was soon followed by the liberalization policy in almost every aspect of politics, opened vast opportunities for the emergence of political expressions including Islamism into the public space. While violent responses indicated by some Islamic groups, who take advantage of the weakening of the state, Tarbiyah Movement (harakah tarbiyah consistently performs gradual Islamization through the system provided by the state. Based on a field research in Jambi, Sumatra, this article discusses the efforts undertaken by the group to incorporate their Islamist ideas into secular education system at the levels of primary and secondary education. This article argues that these all efforts are part of Islamization process of society and the state in Indonesia after the failure of its leaders in doing the same thing at the political level especially in the aftermath of the 1999 general election.

  16. State aid in the EU law and national law

    Directory of Open Access Journals (Sweden)

    Divljak Drago

    2011-01-01

    Full Text Available Due to emphasized negative implications, state aid in contemporary law is more and more the subject of legal rules of supra-national and international law, and consequently it is more and more frequently the subject of national laws. The systems of state aid are based on the principle of general non-allowedness of state aid, which is relativised with wide exceptions and the form of allowed and conditionally allowed forms of state aid. In the EU law, a complex and differentiated system of legal regime on state aid is created aimed at preventing the Member States to protect or promote their companies at the expense or harm of competition within the EU. Compared to the regulations that refer to subsidies and that are created at the international level, within the WTO, these regulations are much more detailed and they cover a wide spectrum of different forms of state aid. National laws are accepting the EU concept as a novelty, which is valid in particular for countries in the process of the EU integrations. This has been done in our law as well by enacting of the Law on state aid control. This Law regulates general conditions for granting, granting control, and utilization of state assistance, with the essential objective to establish and provide for competitive market conditions and introduction of order in the field that has not been regulated previously. At the same time, this means a successful fulfillment of the obligations related to pre-accession harmonization of this field, which is a necessary pre-condition for accession of our country into this group of countries since the EU standards and requirements have been fully observed with the above-mentioned Law.

  17. DEVELOPMENT OF ISLAMIC BANKING IN TURKEY

    Directory of Open Access Journals (Sweden)

    ISTVÁN EGRESI

    2015-12-01

    Full Text Available While the financial world is still dominated by conventional banks, based on western economic principles, the number of Islamic banks is on the rise. Islamic banks have originated from colonial India as a response of the Muslims to the British who attempted to westernize their society. Other similar financial operations based on Islamic Law (Shari’a were established in Pakistan, Malaysia and Egypt to facilitate access of rural poor to interest-free loans. However, being unprofitable, these operations did not survive for very long. Islamic banks, unlike conventional banks, are not based on interest and conduct their business in accordance with a wide array of ethical and moral issues. The modern phase of Islamic banking started in the 1970s when the Islamic Development Bank was founded in Saudi Arabia. Soon after, a number of commercial banks were established in the neighboring countries. From this core, over the last four decades, Islamic finance and banking has spread across the entire Muslim world and beyond to become a global phenomenon. This study examines the development of Islamic banking in Turkey in the wider context of global expansion. Turkey is an interesting case study because, although its population is nearly 100% Muslim, it is a secular state built on the model of Western European countries. However, lately, the moderate Islamic party in power since 2002 has shown some signs of openness towards a parallel banking system based on Islamic principles.

  18. Meanings of Savagery : Terror, Religion and the Islamic State

    NARCIS (Netherlands)

    Nanninga, Pieter; Lewis, James R.

    2017-01-01

    Explanations of the Islamic State’s violence have often focused on its instrumental aspects and perceived it as a means to spread terror and chaos. This chapter argues that the group’s violent actions are not merely a means towards certain ends, but also symbolic actions that embody cultural

  19. Islamism and Democratization in Indonesia Post-Reformation Era:

    Directory of Open Access Journals (Sweden)

    SYAHRIR KARIM

    2014-12-01

    Full Text Available In general, this paper will explore features and patterns of Islamism in Indonesia after the downfall of Suharto’s regime in which people called it as reformation era. In Indonesian context, the Islamism at least have four characteristics; (i promoting Islam as a sole basis in transforming society, (ii acknowledging Islam as an ideology, (iii among at the establishment of Islamic state, (iv which is characterised by implementing Shari`ah laws in daily lives. These four attributes may be used in capturing the growth of Muslim’s perception on state and democracy in the era of Islamic revival. The above views spread in the various streams or any schools existed in Indonesia, both Islamic movements and other form that is very influential in the process of democracy in Indonesia.

  20. ISLAMIC BUSINESS ETHICS BETWEEN REALITY

    Directory of Open Access Journals (Sweden)

    Hasyim Nawawi

    2013-09-01

    (balance, (3 freedom to make efforts (4 amânah (being responsible, (5 upholding the truth, virtues, and honesty. In the context of Indonesian-ness, actually in the business of law enforcement, it has been mostly implemented, although the implementation is different when the business is run in the early days of Islamic civilization. At the beginning of Islamic civilization it is available an oversight agencies (al-hisbah whose function is to review business presence in the market, in terms of both lawful and illicit products sold, the size of the scales, the honesty of a seller and other things that harm. The standard measurement of law enforcement in Indonesia is based on the clause related to harm others, not related to halâl and harâm products. In its implementation it is expected that the practice of businesses can be done by emphasizing ways introduced by Islam in the Islamic busines ethics. Business in the law full field with positive benefit, non by froud, should be stated as for what it is (honest, by not to damage the environment and other ecosystems Kata Kunci: Islamic busines, ethics, Tawhid, Amânah, al-Hisbah

  1. Journal for Islamic Studies

    African Journals Online (AJOL)

    It is committed to the publication of original research on Islam as culture and civilization. It particularly welcomes work of an interdisciplinary nature that brings together history, religion, politics, culture and law. The Journal has a special focus on Islam in Africa, and on contemporary Islamic Thought. All articles are subject to ...

  2. The Historiography of Islamic Law: The Case of Tārīkh al-Tashrī‘ Literature

    Directory of Open Access Journals (Sweden)

    Arif Maftuhin

    2016-12-01

    Full Text Available Tārīkh al-Tashrī‘ (the history of sharia affairs is a relatively new genre of Islamic historiography and very popular among students of Islamic Law. Despite its popularity, academics of Islamic historiography seem not interested in studying it. There is hardly any academic paper seriously studied the literature. This paper is a first effort to explore the Tārīkhu’t-tashrī‘ literature through a historiographical analysis. As an initial exploration, it argues that Tārīkh al-Tashrī‘ is the latest development of Islamic historiography, developed in the 19th century, but it is a genre of the old Islamic historiography with some new elements. The new elements are influenced by both modern Western historiography and the need to re-open the supposedly closed gate of ijtihād. The paper studied books of Tārīkh al-Tashrī‘ available during the research between 2013-2015. [Tārīkh al-Tashrī‘ adalah genre yang relatif ‘baru’ dalam matarantai perkembangan historiografi Islam­. Literatur ini sangat popular dan menjadi mata kuliah wajib di fakultas-fakultas Syariah di Indonesia maupun Timur Tengah. Hanya saja, meskipun ia sangat populer sebagai mata pelajaran, Tārīkh al-Tashrī‘ belum banyak menarik minat para peneliti historiografi. Makalah in berusaha mengeksplorasi literatur Tārīkh al-Tashrī‘ dengan pendekatan historiografi. Makalah ini berpendapat bahwa Tārīkh al-Tashrī‘, meski terlihat ‘modern’ dari segi kelahirannya, tidak banyak berbeda dengan literatur historiografi klasik. Perbedaan terjadi karena adanya pengaruh historiografi Barat dalam model penulisannya dan karena kebutuhan untuk membuka kembali pintu ijtihad yang tertutup. Kajian dilakukan terhadap kitab-kitab Tārīkh al-Tashrī‘ yang dapat ditemukan selama riset antara 2013-2015 

  3. Islam, Islamism, and Democratic Values. Footnotes. Volume 11, Number 4

    Science.gov (United States)

    Kuehner, Trudy

    2006-01-01

    On May 6-7, 2006 FPRI's Marvin Wachman Fund for International Education hosted 44 teachers from 16 states across the country for a weekend of discussion on teaching about Islam. Speakers were drawn from the disciplines of religious studies, anthropology, political science, history, law, and journalism. The institute, held in Bryn Mawr, Pa., was…

  4. CNA/The Institute for Statecraft Meeting on Evaluating and Countering the Threat from the Islamic State

    Science.gov (United States)

    2015-08-10

    Charlie Hebdo.  Mastery of social media enables IS to exist as a virtual global caliphate. Islamic State: From Jihadi Movement to Potential Global...military skills but also in classic terror methods , in propaganda techniques, and in deception. As a conventional military, IS has demonstrated...Salafism, a strict constructionist , originalist interpretation of the core texts of Islam. Their intention is to reform Islam and return to what they

  5. ACTS OF TERRORISM AS A TACTIC OF THE ISLAMIC STATE AND IMPLICATIONS FOR RUSSIAN FOREIGN POLICY

    Directory of Open Access Journals (Sweden)

    Aleksandr Nikolaevich Xaribin

    2016-02-01

    Full Text Available In the article the analysis of the Islamic state: emergence, current status, reasons for success, control methods and prospects. The last terrorist attacks: Russian aircraft over the Sinai and the terrorist attack in Paris. A comparative analysis and reasons for election purposes by terrorists to attack, the consequences for Egypt, Europe, the middle East and Russia. At the end of the article gives practical recommendations for Russian foreign policy and the forecast of development of events in this region, it is hypothesized that the further growth of the Islamic state and the inability to move it to the borders of Russia

  6. Use of Unmanned Aerial Vehicles by the Islamic State: Nature of the Threat

    Directory of Open Access Journals (Sweden)

    David Mrva

    2018-01-01

    Full Text Available The proliferation of Unmanned Aerial Vehicles (UAVs on the battlefield does not exclude terrorist actors. Recently, there is an evident increase in the number of incidents when the so-called Islamic State has used UAVs. This article tries to describe this relatively new phenomenon and present an overview of main types of the potential Islamic State’s UAV employment in Europe. Despite the fact, that the UAV use by terrorist actors will probably not have the strategic impact by itself, it constitutes a new challenge for state security agencies.

  7. Incorporation of Islamic Institutions into Political Structure of the Golden Horde and post-Golden Horde States »

    Directory of Open Access Journals (Sweden)

    Roman Pochekaev

    2016-01-01

    Full Text Available The article is dedicated to basic directions and mechanisms of incorporation of Islamic administrative and legal institutions into the Jochid Ulus. As this state included regions with well developed Islamic traditions, individual manifestations of influence of Islam on political and legal realities of the Golden Horde took place since the first stage of existing of this state. However, only after official conversion of the Jochid ulus to Islam during the reign of Uzbek Khan (in the 1320s Islamic political and juridical institutions became an integral part of state and legal structure of the Golden Horde. Their role substantially increased in the time of crisis of imperial state and legal system after disintegration of the Mongol Empire and then of its successors, the Chinggisid states. Influence of Islamic institutions on political and legal relations of the Golden Horde and post-Golden Horde states became apparent in different aspects. At first, it was participation of representatives of Islamic administration in executive power including tax collection: such functions of them are confirmed by yarliks of khans of the Golden Horde, as well as of the Crimean and Kazan khanates. Secondly, Islamic judges, the qadis were integrated into court system of the Golden Horde and later, within the post-Golden Horde states, they even ousted imperial judges, the jarguchis. Third, powerful representatives of Islamic clergy became participants of qurultays, where the khans were elected, and the ceremony of enthronement was supplemented by the oath of a new khan on Koran under their influence. At last, Islamic clergymen participated actively in diplomatic activity of the post-Golden Horde states and acted as mediators between rivals who pretended for the throne in the Jochid states. No doubts, the rise of influence of Islam and Islamic clergy in political and legal life of the later Golden Horde and post-Golden Horde states could be explained, from one side, by

  8. Abuse of Islamic Law and Child Marriage in South-Sulawesi Indonesia

    Directory of Open Access Journals (Sweden)

    Kasjim Salenda

    2016-06-01

    [Tulisan ini membahas kasus-kasus pernikahan anak di Sulawesi Selatan, termasuk persepsi masyarakat dan faktor-faktor pendukungnya diantaranya penggunaan dalil agama (Islam untuk membenarkan tindakan tersebut. Masyarakat memahami pernikahan anak sebagaimana tercantum dalam UU Pernikahan No. 1 Tahun 1974 bahwa pernikahan anak terjadi pada usia dibawah 19 tahun bagi laki-laki dan 16 tahun bagi perempuan dan atau mereka yang belum akil balig’. Beberapa factor dominan dalam pernikahan anak antara lain; norma adat lokal (‘siri, kehormatan keluarga dan kerabat, orangtua yang kurang terpelajar, beban ekonomi keluarga dan ketidakkonsisten penegakan peraturan. Pada dasarnya tidak ada ajaran Islam atau fiqih yang secara tegas mendukung pernikahan anak karena tujuan dari pernikahan dalam Islam adalah kebahagiaan dan keharmonisan hubungan antar suami istri. Menggunakan rujukan pernikahan Nabi Muhammad dengan Aisyah saat usia enam tahun merupakan perkara yang tidak bisa dibenarkan.

  9. Striking at their Core: De-funding the Islamic State of Iraq and Syria

    Directory of Open Access Journals (Sweden)

    Alessio Shostak

    2017-02-01

    Full Text Available The fundraising efforts of the Islamic State of Iraq and Syria (ISIS have impressed academics, journalists, and government officials alike. The literature has thus far explored the methods via which ISIS acquire funds and transfer their proceeds across international borders. This article aims to expand upon these entries by analysing the failures of EU and US policy to counter terrorist financing since the 9/11 attacks, particularly with regards to the inability of both entities to adjust to digital transfer methods. The value of military operations will also be discussed within the context of halting the Islamic State’s fundraising capabilities.

  10. The Law and Regulation of Franchising in Malaysia’s Islamic Finance Industry: Problems, Prospects and Policies

    OpenAIRE

    Umar A. Oseni

    2016-01-01

    With the increasing expansion of the global Islamic finance industry beyond its traditional strongholds, there is a gradual increase in the global franchising opportunities in Islamic finance. As one of the pioneering studies on franchise in Islamic finance, this paper examines the Malaysian legal framework on franchising within the Islamic finance industry. Over the years, there has been tremendous growth in the franchise industry in Malaysia and the Islamic fin...

  11. 42 CFR 422.378 - Relationship to State law.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 3 2010-10-01 2010-10-01 false Relationship to State law. 422.378 Section 422.378... Relationship to State law. (a) Preemption of State law. Any provisions of State law that relate to the... licensed under State law; (ii) Generally apply to other MA organizations and plans in the State; and (iii...

  12. International legal problem in combating 'Islamic State' terrorist group in Syria

    Directory of Open Access Journals (Sweden)

    Stevanović Miroslav

    2015-01-01

    Full Text Available 'Islamic State of Iraq and Syria' (ISIS has occupied parts of internationally recognized states and exerts further territorial pretensions. ISIS, also, implements a repressive rule, through violations of human rights and humanitarian law, which may constitute international crimes. In facing the threat od ISIS, the perception of international terrorism is important since this group has the features of a territorial entity. So far, facing with the threat of ISIS has been reduced to a model that is adopted by the UN Security Council against the terrorist network Al-Qaida. An international coalition of states, led by the United States, has undertaken air strikes on positions ISIS, on several grounds: the responsibility to protect, the protection of national security, and at the request of Iraq. At the same time, the strikes are applied in Syria, which can not be accountable for the actions of ISIS and has not requested international assistance. International law does not allow actions which would aim to destroy or jeopardize the territorial integrity or political independence of any sovereign and independent state, which is acting in accordance with the principle of equal rights and self-determination of peoples, and is hence governed by a representative government. The UNSC resolution 2249 remains short of recommending international armed action under the aegis of UNSC, but represents a step forward in recognizing the responsibility of this body in facing ISIS, at least as far as the 'destruction of refuge' is concerned. The use of force in the territory of Syria, without the express authorization of the UNSC is illegal, because terrorism does not constitute grounds for the use of force against countries. But, it opens broader issues of responsibility for the development of ISIS and the humanitarian crisis in the Middle East, as well as the functioning of the system of collective security. Overcoming the current crisis UNSC implies not just a

  13. The Necessary Predication between State and Law

    Directory of Open Access Journals (Sweden)

    Daniel Nunes Pereira

    2017-02-01

    Full Text Available This study aims to demonstrate that the central idea of "rule of law" is per se redundant since there is a necessary and reciprocal predication between terms. It is based on the "State-Law" historical and philosophically founded (Westphalia, Bodin and Hobbes, phenomenologically (Schmitt’s Political Theology and normatively (Hans Kelsen’s Legal Positivism based. The rationale on the Sstate leading role suggests that State power must be complete to achieve its goals, which is given by normativity. It is clear that both, State and Law, have the same substance, "Sovereignty", whose implementation coincides with the human agency of cognitive reconfiguration of Politics by religious thought.

  14. The Challenge of Islamic Finance

    OpenAIRE

    Sheng, Andrew; Singh, Ajit

    2012-01-01

    From its humble beginnings in the 1990s, Islamic finance has become a trillion US dollar industry. The market consensus is that Islamic finance has a bright future due to favourable demographics and rising incomes in the Muslim community. Moreover, despite voices sceptical of an accommodation between Islamic and global finance, leading global banks are buying Islamic bonds and forming subsidiaries specially to conduct Islamic finance business. Special laws have been passed in non-Muslim fi...

  15. Lawful Permanent Residents Fiscal Year 2011 State

    Data.gov (United States)

    Department of Homeland Security — Lawful permanent residents (LPRs) are foreign nationals who have been granted the right to reside permanently in the United States. LPRs are also known as 'permanent...

  16. Lawful Permanent Residents Fiscal Year 2016 State

    Data.gov (United States)

    Department of Homeland Security — Lawful permanent residents (LPRs) are foreign nationals who have been granted the right to reside permanently in the United States. LPRs are also known as 'permanent...

  17. Lawful Permanent Residents Fiscal Year 2014 State

    Data.gov (United States)

    Department of Homeland Security — Lawful permanent residents (LPRs) are foreign nationals who have been granted the right to reside permanently in the United States. LPRs are also known as 'permanent...

  18. Lawful Permanent Residents Fiscal Year 2015 State

    Data.gov (United States)

    Department of Homeland Security — Lawful permanent residents (LPRs) are foreign nationals who have been granted the right to reside permanently in the United States. LPRs are also known as 'permanent...

  19. Islamic Educational Transformation: A Study of Scientific and Competence Development in the Study Program of Islamic Education in State Islamic Universities

    Directory of Open Access Journals (Sweden)

    Usman

    2017-06-01

    Full Text Available The research is descriptive and evaluative about religion and modernization of education for the purpose of finding and describing new problems regarding the basic framework of scientific and curriculum development at PAI Studies Program. The purpose of this study is to describe and reveal indicators of the basic framework changes, the views and attitudes of academicians, curriculum development, and learning process that mainly based on information technology. The research was conducted on three State Islamic Universities, namely UIN Sunan Kalijaga Yogyakarta, UIN Syarif Hidayatullah Jakarta, and UIN Maulana Malik Ibrahim Malang with subject research Faculty of Tarbiyah and Teaching Sciences or PAI study program, and sampling technic was done by purposive random. The data was collected by observation method of participation, structured and in-depth interviews and questionnaire method to faculty (leader and students. Data analysis was performed through the logical interpretation and constant comparation. This research is conducted in the field by collecting data, writing and provide a logical interpretation of the data. Based on data and analysis above, it can be concluded that implementation of scientific development conducted by study programs/majors PAI to realize an integrated-interconnection approach is already reflected in the determination of the base (vision and mission majors, policies (quality objectives or quality assurance, programs, and learning process. Whole has grown, when it is understood from the meaning of modernization of education (change/development model of education management, from the old way/conventional leads to a more contemporary.

  20. Analysis of online trading transaction (peer to peer) on e-commerce based on Islamic law

    OpenAIRE

    Siregar, Richardy Affan Sojuangon; Caroline, Bella Marisela; Lazuardi, Luqman Isyraqi; Renanda, Tris; Qodrya, Hersy Ayu; Sari, Atthiya Prima; Arbi, Ramadana

    2018-01-01

    E-commerce lets buyers order things over the Internet via gadgets wherever they are and whenever they want to. The order will be delivered right to the buyer’s doorstep. There are several e-commerce models at the moment. One model is called peer-to-peer model which has been implemented on three largest e-commerce platforms in Indonesia. The validity of e-commerce from Islamic view is studied in order to clear the Muslims doubt regarding transactions made online. After scrutinizing the peer-to...

  1. The Sections Relating to Death Penalty in Pakistan Penal Code as Compared with Shari'a (Islamic Law (A Comparative Study (Urdu

    Directory of Open Access Journals (Sweden)

    Dr. Abzahir Khan

    2016-01-01

    Full Text Available Law plays a pivotal role in the establishment of any peaceful society.islam, being proactive, devised important rules about 1400 years back for the safety of Deen, life, wealth, wisdom and Generation. Qatal (murder is a crime of taking soul of a humanbeing, about which Islam has announced Qisas i.e to do with assissinater what he has done it to killed human being. In the same manner Pakistan penal Code has gathered rules about crimes steped out in Pakistan. So Pakistan penal code, under several sections has the same punishment. This artcle throws light on Pakistan penal code sections about death Senctance in perspective of Islamic imperium, order and explanation.

  2. 20 CFR 617.16 - Applicable State law.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Applicable State law. 617.16 Section 617.16... law. (a) What law governs. The applicable State law for any individual, for all of the purposes of this part 617, is the State law of the State— (1) In which the individual is entitled to UI (whether or...

  3. Islam as a Civilization

    Science.gov (United States)

    Butterworth, Charles E.

    2012-01-01

    The attention in the West, especially in the United States, now accorded Islam and those who conduct themselves according to its precepts betrays woeful ignorance of both. As Graham Fuller has persuasively argued in his recent book, "A World Without Islam", Western culture owes much to Islam as well as to Muslims and would be greatly impoverished…

  4. 12 CFR 213.9 - Relation to state laws.

    Science.gov (United States)

    2010-01-01

    ... interpretative responsibilities for the state consumer leasing law, may apply to the Board for a preemption determination. (b) Exemptions—(1) Application. A state may apply to the Board for an exemption from the... LEASING (REGULATION M) § 213.9 Relation to state laws. (a) Inconsistent state law. A state law that is...

  5. Islam in Diaspora: Shari’a Law, Piety and Brotherhood at al-Farooq Mosque, Atlanta

    Directory of Open Access Journals (Sweden)

    Mohamad Abdun Nasir

    2016-06-01

    [Tulisan ini mengkaji praktik ritual shalat hari raya (Eid di masjid al-Farooq Atlanta, Amerika Serikat pada kalangan muslim perantauan dari berbagai belahan dunia. Kajian ini, dengan menggunakan pendekatan tektual dan etnografi, mengamati penerapan hukum Islam dalam hal peribadatan dan pemaknaan serta pengalaman ritual diantara mereka. Studi ini menunjukkan bahwa shalat hari raya memberi makna dan pengalaman khusus. Perayaan ini dilihat sebagai medium untuk menunjukkan kesalehan dan menguatkan ikatan persaudaraan sesama muslim meskipun mempunyai latar belakang etnik dan budaya yang berbeda. Meskipun demikian, inti dari ritual tersebut menunjukkan aliran mazhab Hanafi. Pelaksanaan fiqih dalam sholat Eid tetap berpegang pada Qur’an dan Hadits. Dengan kata lain, konteks geografi dan budaya yang berbeda telah membentuk makna baru namun tetap tidak merubah inti dari praktik ibadah yang bermazhab Hanafi.

  6. In the context of both International law and the application of Islamic Sharia Law, how effective have Kuwait and the Kuwaiti legal system been in addressing, preventing and combating human trafficking?

    OpenAIRE

    MEZHI MEJBEL MEZHI BATHAL ALRASHEDI, ALI

    2017-01-01

    This thesis answers the question of how effective Kuwait and the Kuwaiti legal system have been in addressing, preventing, and combating human trafficking in the context of both international law and the application of Islamic Sharia Law (ISL). The thesis is concerned with trafficking in persons with a particular focus on trafficking to exploit labour in Kuwait as compared to the five other Arab countries in the Gulf Cooperation Council (GCC). The GCC countries are parties to the main interna...

  7. State laws on tobacco control--United States, 1998.

    Science.gov (United States)

    Fishman, J A; Allison, H; Knowles, S B; Fishburn, B A; Woollery, T A; Marx, W T; Shelton, D M; Husten, C G; Eriksen, M P

    1999-06-25

    State laws addressing tobacco use, the leading preventable cause of death in the United States, are summarized. Laws address smoke-free indoor air, minors' access to tobacco products, advertising of tobacco products, and excise taxes on tobacco products. Legislation effective through December 31, 1998. CDC identified laws addressing tobacco control by using an on-line legal research database. CDC's findings were verified with the National Cancer Institute's State Cancer Legislative Database. Since a previous surveillance summary on state tobacco-control laws published in November 1995 (covering legislation effective through June 30, 1995), several states have enacted new restrictions or strengthened existing legislation that addresses smoke-free indoor air, minors' access to tobacco, tobacco advertising, and tobacco taxes. Five states strengthened their smoke-free indoor air legislation. All states and Washington, D.C., continued to prohibit the sale and distribution of tobacco products to minors; however, 21 states expanded minors' access laws by designating enforcement authorities, adding license suspension or revocation for sale to minors, or requiring signage. Since the 1995 report, eight additional states (a total of 19 states and Washington, D.C.) now ban vending machines from areas accessible to minors. Thirteen states restrict advertising of tobacco products, an increase of four states since the 1995 report. Although the number of states that tax cigarettes and smokeless tobacco did not change, 13 states increased excise taxes on cigarettes, and five states increased excise taxes on smokeless tobacco products. The average state excise tax on cigarettes is 38.9 cents per pack, an increase of 7.4 cents compared with the average tax in the 1995 report. State laws addressing tobacco control vary in relation to restrictiveness, enforcement and penalties, preemptions, and exceptions. The data summarizing state tobacco-control laws are available through CDC

  8. Psychiatry and Islam.

    Science.gov (United States)

    Pridmore, Saxby; Pasha, Mohamed Iqbal

    2004-12-01

    To explore psychiatry in Islam, with a view to informing Western psychiatrists working with Islamic patients, and Islamic medical students studying in Western countries. The first necessary step was to acquire some understanding of Islam, Sharia and Sharia law, as the basis on which the available psychiatric literature was considered. Standard textbooks on Islam and English-language papers in the psychiatric literature were examined. Discussions with knowledgeable Muslim people were conducted. Islam shares roots with the other Abrahamic, monotheistic religions: Judaism and Christianity. A central issues is unity: the unity of God, unity with God and unity within the Islamic community. Islam is more than a religion, because it informs all aspects of behaviour and has been described as 'a comprehensive way of life'. Individualism is less important than the welfare of the community. The Sharia is a list of rules and regulations derived from authentic sources. Psychiatric services in Islam, according to Western standards, are somewhat limited. This issue is being addressed through epidemiological studies, provision of new services and policy development. Although mental health legislation is not universal, forensic psychiatry has a role, in many ways similar to that in the West. Islam is based on unity and core values of compassion, justice and benevolence. Islamic psychiatry has a proud early history, and advances are occurring. There is an opportunity for the profession of psychiatry to bridge religious, ethnic and cultural boundaries.

  9. Social work and the house of Islam: orienting practitioners to the beliefs and values of Muslims in the United States.

    Science.gov (United States)

    Hodge, David R

    2005-04-01

    Despite the media attention focused on the Islamic community after the terrorist attacks on the World Trade Center on September 11, 2001, Muslims remain one of the most misunderstood populations in the United States. Few articles have appeared in the social work literature orienting practitioners to the Islamic community, and much of the mainstream media coverage misrepresents the population. This article reviews the basic beliefs, practices, and values that commonly characterize, or inform, the House of Islam in the United States. The organizations that embody and sustain the Muslim communities that constitute the House of Islam are profiled, and areas of possible value conflicts are examined. The article concludes by offering suggestions for integrating the article's themes into practice settings. Particular attention is given to enhancing cultural competence and to suggestions for spiritual assessment and interventions.

  10. Application of Pattern of Islamic State Revenue Policy to Improve the Ability of Indonesia’s Fiscal

    Directory of Open Access Journals (Sweden)

    Any Setyaningrum

    2015-10-01

    Full Text Available The aim of this study is to analyze the possibility of Islamic state revenue to improve the ability of Indonesia’s fiscal. This thing is important in the way to diversify the fiscal instruments in Indonesia. The result shows that several Islamic revenues instruments still relevant to applied in Indonesia, exclude the ghanimah and Jizya. But, it is necessary to adjust the nomenclature and connectivity with state financial regulations. The application does not have to be exclusive and labels associated with Islam, but should be more focused on the exploration of universal values and utility, which is inherent in all of Islam income instruments.DOI: 10.15408/aiq.v7i2.1702

  11. State cigarette minimum price laws - United States, 2009.

    Science.gov (United States)

    2010-04-09

    Cigarette price increases reduce the demand for cigarettes and thereby reduce smoking prevalence, cigarette consumption, and youth initiation of smoking. Excise tax increases are the most effective government intervention to increase the price of cigarettes, but cigarette manufacturers use trade discounts, coupons, and other promotions to counteract the effects of these tax increases and appeal to price-sensitive smokers. State cigarette minimum price laws, initiated by states in the 1940s and 1950s to protect tobacco retailers from predatory business practices, typically require a minimum percentage markup to be added to the wholesale and/or retail price. If a statute prohibits trade discounts from the minimum price calculation, these laws have the potential to counteract discounting by cigarette manufacturers. To assess the status of cigarette minimum price laws in the United States, CDC surveyed state statutes and identified those states with minimum price laws in effect as of December 31, 2009. This report summarizes the results of that survey, which determined that 25 states had minimum price laws for cigarettes (median wholesale markup: 4.00%; median retail markup: 8.00%), and seven of those states also expressly prohibited the use of trade discounts in the minimum retail price calculation. Minimum price laws can help prevent trade discounting from eroding the positive effects of state excise tax increases and higher cigarette prices on public health.

  12. Gender Perspektif dalam Formalisasi Syariat Islam di Aceh

    Directory of Open Access Journals (Sweden)

    T. Saiful Saiful

    2016-08-01

    ABSTRACT. This paper aims to explain the gender perspective in law making and the views of Muslim scholars on how best Qanun gender perspective. In establishing the Qanun, Pancasila as the state used as a parameter for gender equality, as well as several other provisions in the form of laws, international treaties and conventions that protect women's rights. Understanding of the nature of the text where the Qur'an and hadith about Islamic values deserve special assessment and due diligence to find the spirit of sharia (philosophical of a provision of the law in an effort formalization of Islamic law with a gender perspective.

  13. The welfare state and Baumol's law

    DEFF Research Database (Denmark)

    Paldam, Martin

    The paper considers a two-sector economy with a constant population: The public sector, with stable productivity, and a private sector, with productivity growth. Baumol's law says that such an economy has no steady state. It is demonstrated what this means. Two attempts to uphold a policy...

  14. Arab revolts and 'Civil State': a new term for old conflicts between Islamism and secularism

    Directory of Open Access Journals (Sweden)

    Barbara De Poli

    2014-12-01

    Full Text Available The Arab revolts that erupted in late 2010, forcing from power the rulers of Tunisia, Egypt, Libya and Yemen, and dragging Syria through a ferocious civil war, reactivated the public debate on government in Islamic countries. In all those countries, after removing the authoritarian regimes (or fighting against them, the political arena saw a division into two main camps: Islamic parties and secularists; both claiming to stand for democracy. Within the political discourse of both sides a new concept began to play a pivotal role: that of the ’civil state’ – dawla madaniyya – a term which, however, renders different semantic interpretations according to the political actors involved, meaning both ‘no military or theocratic (but Islamic State’, and ‘secular State’. We’ll especially analyse the usage of the term ‘dawla madaniyya’ in Tunisia and Egypt since the beginning of the Arab revolts and up until 2014 and, for the same time period, the political practices of Islamist and secularist parties (government experiences, constituent assemblies focusing on the effectiveness of the dawla madaniyya paradigm for building a democratic state.

  15. ISLAM: Agama Kemanusiaan

    Directory of Open Access Journals (Sweden)

    M. Zainuddin

    2008-12-01

    Full Text Available Islam provides the guidance of human life from the smallest problem to the greatest affairs, ranging from household affairs, sleep, eat and drink up to the affairs of the nation and state. This paper raises how Islam covers all aspects of life as a religion of humanity. If taken seriously in the verses of the Qur'an or as Sunnah, will undoubtedly be found, that the core of the teachings of Islam is faith and righteousness. Islam is more than a formal religion, but it is also a great treatise for social transformation and a challenge to personal interests. Islam is a humanism, a religion that is very concerned with humanity as a central goal. This is the basis of Islam. Therefore, the greatest task of Islam is actually to transform social and cultural transformation with Islamic values.   Islam memberikan tuntunan hidup manusia dari persoalan yang paling kecil hingga ke urusan yang paling besar, mulai dari urusan rumah tangga, tidur, makan dan minum sampai pada urusan bangsa dan negara. Tulisan ini mengangkat bagaimana Islam mencakup segala aspek kehidupan sebagai agama kemanusiaan. Jika dicermati secara serius dalam ayat-ayat al Quran maupun as sunnah, niscaya akan ditemukan, bahwa inti ajaran Islam adalah iman dan amal saleh. Islam lebih dari sekedar sebuah agama formal, tetapi juga risalah yang agung bagi transformasi sosial dan tantangan bagi kepentingan-kepentingan pribadi. Islam adalah sebuah humanisme, yaitu agama yang sangat mementingkan manusia sebagai tujuan sentral. Inilah dasar Islam. Oleh karena itu, tugas terbesar Islam sesungguhnya adalah melakukan transformasi sosial dan budaya dengan nilai-nilai Islam.

  16. The Law and Regulation of Franchising in Malaysia’s Islamic Finance Industry: Problems, Prospects and Policies

    Directory of Open Access Journals (Sweden)

    Umar A. Oseni

    2016-12-01

    Full Text Available With the increasing expansion of the global Islamic finance industry beyond its traditional strongholds, there is a gradual increase in the global franchising opportunities in Islamic finance. As one of the pioneering studies on franchise in Islamic finance, this paper examines the Malaysian legal framework on franchising within the Islamic finance industry. Over the years, there has been tremendous growth in the franchise industry in Malaysia and the Islamic financial institutions are not left out in this welcome development. While the franchise industry contributed RM24.6 billion or 2.8% to the Malaysian GDP in 2013, it has been projected that such contribution will reach RM25.4 billion by the end of 2014. The study adopts a qualitative legal method in analyzing the relevant legislations, as they are applicable to Sharī‘ah-compliant business of Islamic financial institutions. The study finds that there is no specific framework for Sharī‘ah-complaint business in Malaysia, including Islamic finance business. Malaysia has vast opportunities in expanding its franchise industry through the amendment of the relevant legal framework to cater for Islamic finance business. This is expected to project Malaysia as a global hub for Islamic finance products and a destination for Sharī‘ah-complaint franchise businesses at the global level.

  17. Etika Bisnis dalam Perspektif Islam

    OpenAIRE

    Nawatmi, Sri

    2010-01-01

    There is no ethic in business can make a destroy in a live. Because of that, many Businessman aware. Now, business ethic is a trend.The fact indicate that there is positif relation between perform and ethic. In Islam, business ethic explained in Al-Qur'an and Hadits. History about Nabi Muhammad saw said that Nabi is a successful businessman with Islamic ethic. Be based on the law in Islam, there are five principles in Islamic ethic.

  18. Boko Haram : Islamism, politics, security and the state in Nigeria

    NARCIS (Netherlands)

    Pérouse, de Montclos M.-A.

    2014-01-01

    This book is the first attempt to understand Boko Haram in a comprehensive and consistent way. It examines the early history of the sect and its transformation into a radical armed group. It analyses the causes of the uprising against the Nigerian state and evaluates the consequences of the on-going

  19. 12 CFR 202.11 - Relation to state law.

    Science.gov (United States)

    2010-01-01

    ... other interested party may request that the Board determine whether a state law is inconsistent with the.... (e) Exemption for state-regulated transactions—(1) Applications. A state may apply to the Board for... OPPORTUNITY ACT (REGULATION B) § 202.11 Relation to state law. (a) Inconsistent state laws. Except as...

  20. 76 FR 29812 - In the Matter of the Designation of Army of Islam, aka Jaish al-Islam, aka Jaysh al-Islam, as a...

    Science.gov (United States)

    2011-05-23

    ... DEPARTMENT OF STATE [Public Notice 7464] In the Matter of the Designation of Army of Islam, aka Jaish al- Islam, aka Jaysh al-Islam, as a Foreign Terrorist Organization Pursuant to Section 219 of the... respect to Army of Islam, also known as Jaish al-Islam, also known as Jaysh al-Islam. Therefore, I hereby...

  1. 76 FR 29812 - In the Matter of the Designation of Army of Islam, aka Jaish al-Islam, aka Jaysh al-Islam; as a...

    Science.gov (United States)

    2011-05-23

    ... DEPARTMENT OF STATE [Public Notice 7463] In the Matter of the Designation of Army of Islam, aka Jaish al- Islam, aka Jaysh al-Islam; as a Specially Designated Global Terrorist Pursuant to Section 1(b... of Islam, also known as Jaish al-Islam, also known as Jaysh al-Islam, has committed, or poses a...

  2. Intuition beyond the law of the state

    Directory of Open Access Journals (Sweden)

    Stephen Connelly

    2011-04-01

    Full Text Available This article examines one aspect of the possible influence of Aristotle on Spinoza's thinking of state laws and their limitations.  In the Nicomachean Ethics, the Stagirite sets out a theory of the just city based on appropriate geometrical proportioning of justice, but then proposes the hypothesis of the most excellent man: someone so virtuous that they cannot be bound by the city's laws and so must be banished or elevated to monarch.  The article investigates how Spinoza's own conceptions of geometry and metaphysics inform his view of justice and laws in the city.  It indicates how, in continuing to posit the virtuous as someone both with a higher form of cognition of law, but who must nevertheless live in the city, Spinoza is likely to have been confronted with Aristotle's 'problem of excellence'.  The article examines Spinoza's initial and strikingly modern solution to the problem, but also indicates how Spinoza's own thinking on metaphysics and genetic geometry pushes him beyond this 'answer' in his later political work.

  3. NILAI-NILAI TOLERANSI ISLAM DI NEGARA KEBANGSAAN INDONESIA DALAM PERSPEKTIF AKSIOLOGI

    Directory of Open Access Journals (Sweden)

    Jirzanah Jirzanah

    2013-04-01

    Full Text Available Islamic values are expected to be a barrier to excessive nationalistic. Analysis on Islamic values and tolerance from the point of view of axiology is important, because Islam is not just giving nature a noble and religious attitudes, but also respect for moral rules and actions. Axiological analysis is done by placing the basic Islamic values, moral norms and principles of the nation state in an universal hierarchy values. The purpose of this article is to formulate a reflective relevance of Islamic values and tolerance for the development of the nation state. The basic values of Islamic law according to the Quran is a religious and humanity values particularly noble mind. The law of God is a source of values to humanity values and the state of moral principles. Humanity values especially nobility mind formed the basic of freedom of thought and will. Nobility mind basic to foster unity, cooperation, freedom, democracy, and justice. Islamic teachings of tolerance are very relevant to the Indonesian nation state principle. Islam teaches religious nature and noble attitude, the attitude of respect for moral rules and actions. Tolerant teachings of Islam comes from religious values and universal humanities, so do not know the theory, attitudes, and practices that are based on violence and coercion in the field of divinity, politics, and economics.

  4. Mixed Couples and Islamic Family Law in Egypt: Legal Consciousness in Transnational Social Space

    Directory of Open Access Journals (Sweden)

    Friso Kulk

    2013-12-01

    Full Text Available Studies on legal consciousness tend to focus on law at the local or national level. This raises the question how legal consciousness is shaped in a transnational context. This paper explores the concept of legal consciousness from the perspective of Dutch-Egyptian families and their everyday experiences with family law. Taking the work of Patricia Ewick and Susan Silbey on legal consciousness as a starting point, the main question that will be addressed is what the study of transnational migrants’ encounters with law can add to the theorising of legal consciousness. It will be argued that this can add to our understanding of legal consciousness in at least two ways. Firstly, transnational social space can offer a site for exploring the way personal experiences with law connect to larger patterns of meaning. Secondly, the shifts in societal and legal positions as a consequence of migration offer the opportunity to examine legal consciousness as a dynamic process. Los estudios sobre la conciencia jurídica tienden a centrarse en la ley a nivel local o nacional. Esto plantea la cuestión de cómo la conciencia jurídica se forma en un contexto transnacional. En este trabajo se explora el concepto de la conciencia jurídica desde la perspectiva de familias holandesas-marroquíes y holandesas-egipcias y sus experiencias cotidianas con el derecho de familia. Tomando como punto de partida el trabajo de Patricia Ewick y Susan Silbey en materia de conciencia jurídica, la pregunta principal que se aborda es lo que puede aportar a la teorización de la conciencia jurídica el estudio de los enfrentamientos de los emigrantes transnacionales con la ley. Se argumenta que esto puede contribuir a nuestra comprensión de la conciencia jurídica en al menos dos formas. En primer lugar, el espacio social transnacional puede ofrecer un lugar para explorar el modo de experiencias personales con la ley conectadas con patrones más grandes de significado. Y en

  5. E-marketing strategies exploiting social media for Islamic banking

    OpenAIRE

    Roumieh, Ahmad; Garg, Lalit

    2014-01-01

    The concept of e-marketing is one which has gained increasing interest within Islamic businesses in recent years. Amin [3] asserts that one of the most critical issues to consider is the legal and moral aspects of e- marketing and the extent to which they fit comfortably within principle notions of Islam and Sharia law. He states that "e-business is a permissible means of doing business provided it is performed in the boundary of Shariah Islamiyyah”. By this he mean...

  6. 45 CFR 98.3 - Effect on State law.

    Science.gov (United States)

    2010-10-01

    ... 45 Public Welfare 1 2010-10-01 2010-10-01 false Effect on State law. 98.3 Section 98.3 Public... Goals, Purposes and Definitions § 98.3 Effect on State law. (a) Nothing in the Act or this part shall be construed to supersede or modify any provision of a State constitution or State law that prohibits the...

  7. Analysis of Business Revenue Residual Sharing System in Cooperatives in Indonesia on Islamic Law Review: A case study at KSU Mitra Bersama in Palu City

    Directory of Open Access Journals (Sweden)

    Abidin Djafar

    2018-03-01

    Full Text Available This study aims to explain profit sharing system in Mitra Bersama Cooperative in the Overview of Islamic Law. To achieve this objective, this research uses descriptive qualitative method by employing three data collecting techniques i.e. observation, interview, as well as documentation. The data of this research are obtained from the Chairman, the Secretary and the Employees of the Multipurpose Cooperative (KSU Mitra Bersama. The results showed that the distribution of Business revenue Residual (SHU, at Mitra Bersama Cooperative, amounted to 5% which was distributed to all members of the cooperative in December. This sharing system displays no injustice and extortion disadvantageous to the cooperative’s members.  It performs an open management system and shares the profits and losses to its members according to the prevailing regulations already known by all shareholders. We concluded that the system of the Business Revenue Residual (SHU sharing at this Multipurpose Cooperative is permissible in Islam. Therefore, the results of this study can be used as a good model for Business Revenue Residual (SHU sharing system which conforms to Islamic Law.

  8. Negotiating Justice: American Muslim Women Navigating Islamic ...

    African Journals Online (AJOL)

    A common challenge my interlocutors faced in divorce was establishing an access to Islamic divorce and a divorce on equitable terms. Using their understanding of Islamic law as a standard for justice, my interlocutors employed both civil law and religio-legal strategies to re-defi ne the terms of Islamic divorce for themselves ...

  9. An Islamic Model of Social Life: Legal and Economic Thought in Islam

    Directory of Open Access Journals (Sweden)

    Sami Al-Daghistani

    2013-06-01

    Full Text Available In the article I assert the societal dimension of Islam based on the duality of an Islamic worldview, based on the notion of tewhid, whose foundation is in Islamic law. One component of Islamic law is Islamic economic thought, irrevocably bounded within the Qu’ranic postulates of ethical conduct, founded on a logic contrary to global capitalism, as Max Weber also pointed out. Islamic banking is an expression of contemporary Islamic business ethics, regarded as a conjunction of the financial sector and shari'a-based principles.

  10. Lighting the Path: the Evolution of the Islamic State Media Enterprise (2003-2016

    Directory of Open Access Journals (Sweden)

    Craig Whiteside

    2016-11-01

    Full Text Available The media products of the revolutionary movement known as the Islamic State (also IS, ISIL, ISIS, Daesh have received a significant amount of attention from analysts and journalists alike. While extremely helpful, most of this effort is focused at performing content analysis of fairly recent products. As part of the Counter-Terrorism Strategic Communication (CTSC project’s effort to better understand propaganda messaging in the 21st century, the author of this Research Paper examined primary documents and other media published by the Islamic State movement during its entire existence in order to develop a history of the media department since 2003. The framework for analysis focused on the interaction between key media leaders, the ever-expanding structure and institutions, and the process of innovation used to experiment with different media techniques in different phases of the group’s evolution. Based on this history, the paper presents six observations about the media department and its role in the larger movement – in the hopes that this knowledge will be helpful in efforts to combat this particular group and its inevitable imitators in the future.

  11. Southern states radiological emergency response laws and regulations

    International Nuclear Information System (INIS)

    1989-02-01

    The radiological emergency response laws and regulations of the Southern States Energy Compact member states are in some cases disparate. Several states have very specific laws on radiological emergency response while in others, the statutory law mentions only emergency response to ''natural disasters.'' Some states have adopted extensive regulations on the topic; others have none. For this reason, any general overview must necessarily discuss laws and regulations in general terms

  12. ‘Arab Spring’: The Influence of the Muslim Brotherhood and Their Vision of Islamic Finance and State (abstract

    Directory of Open Access Journals (Sweden)

    Zidane Meriboute

    2013-02-01

    Full Text Available This chapter analyses the Muslim Brotherhood movement (Ikhwan al-muslimin in its various guises. Born in the interwar period, this global, proselytising Islamic movement underwent a veritable resurgence, even a resurrection, in Muslim countries from the 1980s onwards. Founded in 1928 by the Egyptian Hassan al-Banna (1906–1949, the recent ‘Arab Spring’ phenomenon has given it fresh momentum. Significantly, the Muslim Brotherhood movement has taken the reins of Egypt, the most populous state in the Arab world. Wherever this movement gains a foothold, it creates its own labour unions, associations of students, doctors and workers, Islamic banking institutions, and so forth. More specifically, the chapter examines the nature of the Islamic state and the key characteristics of the politico-religious doctrine of the Muslim Brotherhood and its various offshoot Islamist parties, both in the Maghreb and elsewhere. The author sheds light on the Muslim Brotherhood’s economic, social and financial vision through an examination of the various techniques they employ with respect to Islamic finance. While the Muslim financial model is driven by considerations of social justice (‘adala ijtima’iya and the rejection of usury (riba, it is nevertheless argued that its emphasis on profit maximisation renders this model’s vision essentially capitalist. The chapter thus calls for a refocusing and adaptation of the approach of Islamic banks in order to make their financing accessible for small projects undertaken by the disenfranchised.

  13. Case law: Canada, France, Switzerland, United States

    International Nuclear Information System (INIS)

    Anon.

    2012-01-01

    Canada: Appellate decision upholding nuclear regulatory licensing process and practices for consultation with aboriginal groups: Fond du Lac Denesuline First Nation v. Canada (Attorney General). France: Court of Appeal of Nimes regarding the SOCATRI incident in July 2008; Conseil d'Etat regarding the association Reseau 'Sortir du nucleaire'. Switzerland: Judgement of the Federal Administrative Court in the matter of Balmer-Schafroth a.o.v. BKW FMB Energy Ltd on the repeal of the time limitation with respect to the operating licence for the Muehleberg nuclear power plant. United States: Judgement of a US District Court granting a permanent injunction against the State of Vermont in order to prevent certain State laws from prohibiting Vermont Yankee nuclear power plant's continued operation

  14. ORIENTALISME, LIBERALISME ISLAM, DAN PENGEMBANGAN STUDI ISLAM DI IAIN

    Directory of Open Access Journals (Sweden)

    Ahwan Fanani

    2007-06-01

    Full Text Available The recent development of Islamic Studies in IAIN (The State Institute for Islamic Studies shows a trend to combine Islamic studies based on traditional approaches and methods with that employed in Western universities or orientalism. The trend is promoted by Indonesian scholar graduates from Western Universities, and results in the growth of Islamic liberalism. To some Islamic revivalism advocates, the trend is considered misleading, and IAIN with its lecturers pursuing studies in Western universities are accused to be agents of Islamic liberalism in Indonesia. Contrarily, some Islamic scholars see the trend as a bright future for development of Islamic studies in Indonesia. The situation puts IAIN in a dilemma either to keep on traditional approaches and methods or to adopt deliberately new ones coming from Western tradition. In my opinion, IAIN should apply them both and combine them to promote better future of Islamic studies in Indonesia.

  15. 27 CFR 478.58 - State or other law.

    Science.gov (United States)

    2010-04-01

    ... business or activity contrary to State or other law. The holder of such a license is not by reason of the... ammunition business or activity in violation of the provisions of any State or other law. Similarly... 27 Alcohol, Tobacco Products and Firearms 3 2010-04-01 2010-04-01 false State or other law. 478.58...

  16. 12 CFR 226.28 - Effect on State laws.

    Science.gov (United States)

    2010-01-01

    ... inconsistent, a creditor may not make disclosures using the inconsistent term or form. (2)(i) State law... also explain that the State law provisions apply only after expiration of the time period for... TRUTH IN LENDING (REGULATION Z) Miscellaneous § 226.28 Effect on State laws. (a) Inconsistent disclosure...

  17. 28 CFR 104.42 - Applicable state law.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Applicable state law. 104.42 Section 104... OF 2001 Amount of Compensation for Eligible Claimants. § 104.42 Applicable state law. The phrase “to the extent recovery for such loss is allowed under applicable state law,” as used in the statute's...

  18. 36 CFR 8.4 - Federal and State labor laws.

    Science.gov (United States)

    2010-07-01

    ... 36 Parks, Forests, and Public Property 1 2010-07-01 2010-07-01 false Federal and State labor laws... State labor laws. A concessioner shall comply with all standards established pursuant to Federal or State labor laws, such as those concerning minimum wages, child labor, hours of work, and safety, that...

  19. Islamic Jurisprudence and the Primacy of Shariah

    OpenAIRE

    Etim E. Okon

    2013-01-01

    The purpose of shariah like any other legal system is the maintenance of law and order. Society cannot achieve peace and prosperity without some form of social control. Outlawry can only lead to social disequilibrium. The focus of this paper is not the legal or juridical functions of the shariah, but the social and political dimensions of Islamic jurisprudence. Since the purpose for being of an Islamic state is the full implementation of the shariah, the aim of this study is to evaluate the n...

  20. Islamic Fundamentalism in Modern Russia

    Directory of Open Access Journals (Sweden)

    Elena F. Parubochaya

    2017-09-01

    Full Text Available Nowadays Islam takes the stage of recovery associated with the peculiar issues associated with the Muslim society. These characteristics are expressed in the spread of ideas of Islamic fundamentalism and its supporters’ confrontation with the rest of the world. This process has affected the Russian Muslims as well, the trend developed after the collapse of the Soviet Union when the post soviet muslims began to realize themselves as part of one of the Muslim Ummah, coming into conflict with the secular law of the Russian Federation. After the Soviet Union’s disintegration, the radical Islamic ideas have begun to appear in Russia, in the conditions of the growth of nationalism these thoughts found a fertile ground. One of these ideas was associated with the construction of Sharia state in the Muslim autonomous republics of the Russian Federation and their subsequent withdrawal from Russian’s membership. The situation for the Russian state in the Muslim republics aggravated the war in Chechnya. Through Chechnya mercenaries from Arab countries started to penetrate to the Russian territory, they also brought the money for the destabilization of the internal situation in Russia. Nevertheless, separatism did not find the mass support in neighboring regions such as Dagestan, Kabardino-Balkaria, Karachay-Cherkessia and Ingushetia. It is evidently that international Jihad ideas were supported financially from abroad. The issue of funding is a key part of the development of Islamic fundamentalism in Russia, the international Islamic funds and organizations gave huge financial assistance to them. At the present moment Russian authorities lead a fruitful and a successful fight against terrorism. In the future, after the completion of the antiterrorist operation in the Middle East hundreds of terrorists may return to Russia with huge experience that can threaten the security of the Russian state.

  1. Russia and Islam: state policy on formation of tolerance of Muslims in Western Siberia (1773–1917

    Directory of Open Access Journals (Sweden)

    Yulia A. Bortnikova

    2016-03-01

    Full Text Available Counteraction to Islamic extremism is the major problem in the modern world. The government of the Russian Empire solved this problem through purposeful education of confessional tolerance of Muslims in 1773–1917. Authors compare understanding of tolerance in Russia and in Western Siberia in 1773-1917, emphasizing that in the Tyumen region society understood this term the same as now. On the basis of earlier unknown archival documents of the Central historical archive of the Republic of Bashkortostan authors consider a state policy on formation of a certain option of Islam which provides religious tolerance in Russia. In article the main attention is paid to Western Siberia as exactly there the confessional state policy made the greatest success. The main directions of a state policy were: to unify Muslim culture according to orthodox samples; to keep the Siberian option of Islam; to create obstacles for distribution of standard Islam; to develop the state measures which would show respect for Muslims and care of them. Authors consider ways of deformation of Muslim culture in Western Siberia: change of architectural forms of mosques and necropolises, deformation of cult objects (existence of a religious sculpture, selection of literature in Muslim libraries, the facilitated conditions for examinations on the mullah's rank, appointment to positions of muftis without spiritual education in the Orenburg Mohammedan spiritual meeting, creation of obstacles for commission of a hajj to Mecca for mullahs.

  2. 27 CFR 555.62 - State or other law.

    Science.gov (United States)

    2010-04-01

    ... other law. A license or permit issued under this part confers no right or privilege to conduct business or operations, including storage, contrary to State or other law. The holder of a license or permit... 27 Alcohol, Tobacco Products and Firearms 3 2010-04-01 2010-04-01 false State or other law. 555.62...

  3. 32 CFR 634.41 - Compliance with State laws.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 4 2010-07-01 2010-07-01 true Compliance with State laws. 634.41 Section 634.41 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY (CONTINUED) LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS MOTOR VEHICLE TRAFFIC SUPERVISION Traffic Supervision § 634.41 Compliance with State laws. (a) Installation commanders...

  4. 29 CFR 825.701 - Interaction with State laws.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 3 2010-07-01 2010-07-01 false Interaction with State laws. 825.701 Section 825.701 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR OTHER LAWS THE FAMILY... Agreements on Employee Rights Under FMLA § 825.701 Interaction with State laws. (a) Nothing in FMLA...

  5. Islamic Development Bank

    Energy Technology Data Exchange (ETDEWEB)

    1978-06-01

    The Islamic Development Bank (IDB) was opened formally in October 1975 to foster the economic development and social progress of its member countries and Moslem communities individually as well as jointly in accordance with the priniciples of Islamic law. Its functions include participation in equity capital, granting loans for projects and enterprises, extending training facilities, and promoting foreign trade, especially in capital goods, among the member countries. The 34-member Bank is capitalized at 2 billion Islamic Dinars and located in Jeddah, Saudi Arabia.

  6. 50 CFR 20.72 - Violation of State law.

    Science.gov (United States)

    2010-10-01

    ... export any migratory bird, or any part, nest, or egg of any such bird, in violation of any applicable law... WILDLIFE AND PLANTS (CONTINUED) MIGRATORY BIRD HUNTING Federal, State, and Foreign Law § 20.72 Violation of...

  7. Continuity and Change in the Operational Dynamics of the Islamic State

    Directory of Open Access Journals (Sweden)

    James Regens

    2017-03-01

    Full Text Available In this article we estimate the influence of leadership changes on the operational dynamics associated with terrorist attacks conducted by the Islamic State and its predecessors. Because the focus of our research is empirical, the study uses data for 2,131 successful attacks between October 2002 and December 2014 to examine differentials in operational tempo, attack severity, primary tactics employed, and principal targets. The data are aggregated on a monthly basis to estimate the probabilities associated with specific attack sequences in terms of the following primary tactics: (1 firearms, (2 explosives, (3 hostage-taking/kidnapping, and (4 attacks involving combinations of (1, (2, and/or (3. The analysis is placed in a broad historical and strategic context in order to explore two key issues: (1 The effect of leadership change on terrorist group activity and (2 The implications for counterterrorism and counterinsurgency efforts. Our analysis reveals a myriad of conceptual, theoretical, and policy implications.

  8. TEFL Students’ Language Learning Strategies: The Case of One State Islamic Institute in Indonesia

    Directory of Open Access Journals (Sweden)

    Dairabi Kamil

    2017-12-01

    Full Text Available The purpose of this quantitative study was  to examine the language learning strategies of TEFL students at State Islamic Institute of Kerinci. The data were collected through a survey dengan mengunakan the Indonesian version Oxford’s (1990 Strategy Inventory for Language Learning and were analyzed through the Rasch Analysis. The results revealed that metacognitive strategy and social strategy were the most and the least frequently used strategy respectively. Considerable differences existed in the second most frequently used strategy across the variable of gender. For male respondents, it was the compensatory strategy, while for female respondents, it was the affective strategy. In addition, cognitive strategy, the third most frequently used strategy by male respondents, is the last for their female counterparts. The first three most frequently used strategies by male respondents were dominated by the direct type of strategies, while for female respondents these were dominated by the indirect ones.

  9. Islam Dan Radikalisme (Diskursus: Perilaku Kekerasan Atas Nama Agama Di Indonesia

    Directory of Open Access Journals (Sweden)

    Mukhamat Saini

    2016-03-01

    Full Text Available Islam and Religious Radicalism are happening in Indonesia have been meaningful and double-faced. So, it can be said that Islam ancient (classic with the contemporary (modern are very different and even contrary to what has been taught by the Prophet Muhammad and that has been stated in the Qur'an. Radicalism that emerged in Indonesia are mostly departing from dissatisfaction and their desire to make or implement Islamic law in Indonesia. For them, the injustice, the amount of corruption, prolonged crisis and disharmony between the rich and the poor are the result of failure to apply the Islamic law. Radicalism is not suitable in Islamic teaching, so it is not worth to be addressed in the Islamic religion. Because the real Islam there is not such thing radicalism. In the Qur'an and the Hadith it self ordered his people to respect and love and be gentle to others although the followers of other faiths. Violence in the name of religion that led to this kind of distortion understanding of Islam. Religious legitimacy toward the act of violence has very complex content. In this context, at least there are two important factors that led Islamic religion is seen as "problematic" because of misguided thinking and misinterpretation the meaning and understanding of "jihad".

  10. Islamic banking

    OpenAIRE

    Pak, Viktoriya

    2010-01-01

    The thesis is focused on introduction of Islamic banking system. Morover part of the work is devoted to a detailed description of the history of Islamic banking, on explanation of the principles on which the banking system is based. Also are analyzed in detail the basic Islamic banking products. And at the end are presented the advantages and disadvantages of the Islamic banking system.

  11. Jurisdiction in international law : United States and European perspectives

    OpenAIRE

    Ryngaert, Cedric

    2007-01-01

    This study starts with a quote by Professor Meessen: “The function of scholars of international law offers less opportunity for creative thinking [compared to scholars of conflict of laws]: they may compile and analyze state practice, but they cannot replace it with their own concepts.”[1] This study, which primarily looks at the phenomenon of jurisdiction through a (public) international law lens, rejects that limiting claim. While the current state of the international law of jurisdiction ...

  12. 40 CFR 403.4 - State or local law.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 28 2010-07-01 2010-07-01 true State or local law. 403.4 Section 403.4... GENERAL PRE-TREAT-MENT REGULATIONS FOR EXIST-ING AND NEW SOURCES OF POLLUTION § 403.4 State or local law... prohibitions, established by State or local law as long as the State or local requirements are not less...

  13. Green energy laws and Republican legislators in the United States

    International Nuclear Information System (INIS)

    Coley, Jonathan S.; Hess, David J.

    2012-01-01

    The policy context for green energy laws in the United States has changed over the past few years, because the Republican Party has increasingly opposed renewable electricity and other green energy policies. In this study, we draw on a database of 6071 votes on RPS (renewable portfolio standards) and PACE (Property-Assessed Clean Energy) laws by individual state legislators in the United States to examine the circumstances shaping Republican votes for green energy laws from 2007–2011. We find that votes on these laws are indeed increasingly partisan, with Republicans supporting RPS laws especially less than Democrats. However, Republicans' support for these laws is higher in states with weaker fossil fuel industries. Furthermore, Republicans tend to support the laws where median household income is lower, environmental organizations are weaker, labor-environmental coalitions are absent, and the proportion of Democrats in the legislature is lower, suggesting a reactive effect against green energy policies in more progressive settings. - Highlights: ► We analyze Republican votes for state RPS and PACE laws from 2007–2011. ► Support for RPS laws declined, while support for PACE laws remained steady. ► Support for both laws is lower in states with strong fossil fuel industries. ► Support for both laws is lower in more Democratic legislatures.

  14. Radical Islamism and Failed Developmentalism

    OpenAIRE

    Rahnema, Saeed

    2008-01-01

    The rise of radical Islamism in recent years does not limit the applicability of the concept of cultural nationalism. Rather the two are intertwined in ways which this article will attempt to highlight. Islam took specific national forms as modern nation-states arose and the contemporary resurgence of radical Islamism also follows that modern pattern. I examine the emergence of the three most important movements in the Islamic world, namely, the Muslim Brotherhood in Egypt, Jama'at-e Islami i...

  15. Promoting Learning Environment among the Islamic School Principals in the State of Pahang, Malaysia

    Science.gov (United States)

    Abdullah, Jamelaa Bibi; Kassim, Jainabee

    2012-01-01

    Purpose: The purpose of this paper is to investigate the learning environment in schools that influence teaching and learning. Design/methodology/approach: A study was conducted using the Instructional Leadership Model to compare principal practices of instructional leaders in the Islamic Religious Secondary Schools and Islamic Religious Schools…

  16. Pendidikan Islam dalam Sistem Pendidikan Nasional

    OpenAIRE

    Fathul Jannah

    2013-01-01

    Islamic educationis an integral part of the National Education System. As part of the national educational system, Islamic education gets legitimacy to exist and get a place to live and thrive in Indonesia to meet need of education for Muslims. Accommodation to the Islamic education system and make the system of Islamic education institutions have a strong foundation to be developed with the support of funds and attention from the state. Therefore, the state is obliged to develop Islamic educ...

  17. Mediated Public Diplomacy of the Islamic State in Iraq and Syria: the Synergistic Use of Terrorism, Social Media and Branding

    OpenAIRE

    Melki, Jad; Jabado, May

    2016-01-01

    This study aims to provide an initial theoretical model for understanding and analyzing the mediated public diplomacy strategy of virtual states. It examines the mediated public diplomacy strategy of the Islamic State in Iraq and Syria (ISIS) and its ability to synchronize terrorism tactics with communication strategies to gain media access and exposure, push news frames that serve its interests, and target stakeholders with a dual message using sophisticated branding strategies that reson...

  18. States' criminal jurisdiction under International Law: fostering a ...

    African Journals Online (AJOL)

    Over the past few years, the extent to which international law allows States to exercise their jurisdiction in criminal matters has been a subject of diplomatic tensions between States. The purpose of this paper is to shed some light, on the question as to what extent a State, powerful or weak, has a right under international law ...

  19. Southern states radiological emergency response laws and regulations

    International Nuclear Information System (INIS)

    1990-06-01

    The purpose of this report is to provide a summary of the emergency response laws and regulations in place in the various states within the southern region for use by legislators, emergency response planners, the general public and all persons concerned about the existing legal framework for emergency response. SSEB expects to periodically update the report as necessary. Radiation protection regulations without emergency response provisions are not included in the summary. The radiological emergency response laws and regulations of the Southern States Energy Compact member states are in some cases disparate. Several states have very specific laws on radiological emergency response while in others, the statutory law mentions only emergency response to ''natural disasters.'' Some states have adopted extensive regulations on the topic, others have none. For this reason, any general overview must necessarily discuss laws and regulations in general terms. State-by-state breakdowns are given for specific states

  20. Konsep Ilmu dalam Islam

    Directory of Open Access Journals (Sweden)

    Achmad Reza Hutama al-Faruqi

    2015-09-01

    Full Text Available Concept of science in Islam has its own universal dimension, metaphysic and empiric, and diffenrent from sciences came from Western worldview which limited in empiric dimension. It will be in the case that the concept of science in Islam is one of integral part of Islamic worldview; so that it has its own characteristics differed from another concept of science in other civilizations. Science according to Islamic worldview is not only cover substance of knowledge, but becomes important element in civilization as well. Related to the important of position of science, number of scholar such as Ibnu Khaldun, Imam al Ghazali, or Syed Muhammad Naquib al-Attas gave several features of science to know which one has higher priority, to be associated with how the concept of science in Islam decided later. From the discussion offered by the scholars, it will be understood that science in Islam not only encompasses theology and law, but also there is a row of other sciences such as physics, biology, and so forth need to be studied. The acquisition method of each branch of sciences have their own approach, both of internal and external sense, khabar s}a>diq, and the third is intellect. A Muslim should solidly hold the Islamic tradition and not too impressed with the tradition of Western scholarly even it looks more attractive.

  1. Association between state school nutrition laws and subsequent child obesity.

    Science.gov (United States)

    Palakshappa, Deepak; Fiks, Alexander G; Faerber, Jennifer A; Feudtner, Chris

    2016-09-01

    Many states have enacted laws to improve school nutrition. We tested whether stronger state nutrition laws are associated with subsequently decreased obesity. We conducted a retrospective national multi-year panel data study (analyzed 2014-2016 at the Children's Hospital of Philadelphia). The predictors were 2010 laws regarding 9 nutrition categories from the Classification of Laws Associated with School Students, which grades the strength of state laws (none, weak, or strong). The outcome was weight status (healthy weight, overweight, or obese) in elementary, middle, and high school from the 2011/2012 National Survey of Children's Health. We tested the association between the strength of laws and weight using multinomial logistic regression. To further evaluate our main results, we conducted state-level longitudinal analyses testing the association between competitive food and beverage laws on the change in obesity from 2003-2011. In main analyses of 40,177 children ages 10-17years, we found strong state laws restricting the sale of competitive food and beverages in elementary school (OR: 0.68; 95% CI: 0.48, 0.96) and strong advertising laws across all grades (OR: 0.63; 95% CI: 0.46, 0.86) were associated with reduced odds of obesity. In longitudinal analyses, states with strong competitive food and beverage laws from 2003-2010 had small but significant decreases in obesity, compared to states with no laws. Although further research is needed to determine the causal effect of these laws, this study suggests that strong state laws limiting the sale and advertising of unhealthy foods and beverages in schools are associated with decreased obesity rates. Copyright © 2016 Elsevier Inc. All rights reserved.

  2. The Islamic Movement at Khairun University Ternate

    Directory of Open Access Journals (Sweden)

    Muhammad Irfan Syuhudi

    2015-12-01

    Full Text Available This article aims to describe Islamic religious thought of Muslim student at KhairunUniversity in Ternate and the dynamic of religious movement organizations on  campus. Informants of this study were selected using purposive method including activists of  Islamic organizations, students, and lecturers of the university. Data were collected using interviews, observation, and documentation, and searching data related to social context of the study from the internet. Findings of the research shows that the type of religious understanding and nationality of Muslim students after the reformation era at Khairun University began experiencing a shift since the presence of trans-national organizations, such as the Indonesian Muslim Student Action Union (KAMMI, Campus Propagation Institute (LDK, Hizbut Tahrir (HT, and Wahdah Islamiyah (WI. Those organizations adopt fundamentalists thought who want purification of Islam, and anti-tradition. Nationality thought adopted by these organizations is a country that imposes Islamic law and Establishes a state of Khilafah (HT. Nevertheless, most students at the Khairun University embrace cultural Islam, following the footsteps of their parents and Ternate society in general.

  3. LEGAL RELATIONSHIP BETWEEN ILLEGITIMATE CHILDREN AND THEIR BIOLOGICAL FATHER: The Analysis of Constitutional Court Decree No. 46/PUU-VIII/2010 in the Perspective of Civil and Islamic Law

    Directory of Open Access Journals (Sweden)

    Marilang Marilang

    2016-12-01

    Full Text Available In Indonesia, children born out of wedlock only have legal relationship or family lineage relationship with their mother and mother’s family, not with their biological father and biological father’s family. This provisions of law are arranged in Article 43 paragraph (1 of Marriage Law No. 1 of 1974 which is highly influenced by Shafi’ite School of Islamic jurisprudence. Through judicial review of Aisyah (Machica Mochtar and her son named M. Iqbal Ramadhan, Constitutional Court has agreed to waive the provisions by means of the Decree Number 46/PUU-VIII/2010 with legal consideration that the concerned article contravenes the Constitution, then it creates new legal norm which states those children have legal relationship and family lineage with their mother and mother’s family and also the man who is their father. The Decree sparks controversies concerning the term ‘children born out of wedlock’ and ‘legal relationship’ in the decree. Contrary to many law experts, the article argues that the term ‘children born out of wedlock’ simply means children born from zina (adultery or fornication. Thus, ‘legal relationship’ only refer to limited relationship between both parties.

  4. POLA PENGASUHAN ORANG TUA DAN MORAL REMAJA DALAM ISLAM

    Directory of Open Access Journals (Sweden)

    MIFTAHUL JANNAH

    2015-01-01

    Full Text Available Style of parenting can`t be separated by moral behavior in educating children, how to have morals in life, especially in the family environment and parents this sekolah.Dewasa many difficulties and problems in educating children, from academics, intellectuals, state officials moreover from lower socioeconomic circles who have no education and mature economies. The problem lies in the failure of parents to educate generations obedient to Allah and will understand Islamic values. Various problems occur for example brawl, free sex, lack incapacity to control children in the associate, drugs, and various other criminal. Events and these events often occur in big cities but now shifts to all levels of society, both in rural and metropolitan cities. The teenagers went along with all the negative behavior without thinking about the impact of the negative impacts that will be experienced both for himself and his parents have failed to maintain the good name of both parents in the world and in the presence of Allah, for failing to do good deeds as an eternal charity before Allah Swt. Our country is far backward from the Islamic civilization since leaving the values of Islam, the developed world have left their ignorance and are following Islamic law that is believed to be true in the welfare of the ummah. Generani Islamic Ummah and Islam must educate by parents who have the foundation of Islam in the household so that kusesesan begins within the family nucleus and then continues into the school environment and the community.

  5. A baseline understanding of state laws governing e-cigarettes.

    Science.gov (United States)

    Gourdet, C K; Chriqui, J F; Chaloupka, F J

    2014-07-01

    Electronic cigarettes (e-cigarettes) have been available for purchase in the USA since 2007, and have grown rapidly in popularity. Currently, there are no federal restrictions on e-cigarettes; therefore, any regulations are under the purview of state and/or local governments. This study examines state laws governing e-cigarettes through youth access restrictions, smoke-free air requirements and/or excise taxation. Codified statutory and administrative laws, attorney general opinions, executive orders, and revenue notices and rulings effective as of 15 November 2013 for all 50 states and the District of Columbia, were compiled using Boolean searches in Lexis-Nexis and Westlaw. All laws were analysed by two study authors to determine the presence and components of relevant provisions. Two categories of laws were identified; (1) explicit e-cigarette laws and (2) laws focused on tobacco-derived and/or nicotine-containing products. Thirty-four states' laws address e-cigarettes either explicitly or as part of language applying to tobacco-derived or nicotine-containing products. Laws explicitly addressing e-cigarettes primarily focus on youth access (22 states) or smoke-free air (12 states); only Minnesota imposes an excise tax on e-cigarettes. Similarly, tobacco-derived or nicotine-containing products are primarily regulated through youth access restrictions (6 states), smoke-free air laws (5 states), or excise taxation (2 states). In the current absence of federal law governing e-cigarettes, more than one-half of the states have taken the initiative to regulate these products. The opportunity exists for the remaining states to incorporate e-cigarette-related restrictions into their pre-existing tobacco control laws. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

  6. ASURANSI DALAM PERSPEKTIF ISLAM

    Directory of Open Access Journals (Sweden)

    Havis Aravik

    2016-12-01

    Full Text Available This article discusses how insurance aplikable in Islam perspective. The results of discussion is that insurance as Islamic Economic (muamalah practice today, is not known at the time of the Prophet Muhammad, so that the legal basis textually not found in the Quran and hadith, the results of previous scholars and ijtihad in codes of Islamic Law. Islamic insurance which is being developed today, can essentially reduce the burden and narrowness, and bring benefits in people's lives. Therefore, the community should begin to see the prospect of such insurance as the media to protect themselves from the various possibilities of unwanted later, while participating together help each other in goodness and piety.

  7. 31 CFR 50.24 - Applicability of State law requirements.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Applicability of State law requirements. 50.24 Section 50.24 Money and Finance: Treasury Office of the Secretary of the Treasury TERRORISM RISK INSURANCE PROGRAM Mandatory Availability § 50.24 Applicability of State law requirements. (a...

  8. 7 CFR 766.155 - Conflict with State law.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 7 2010-01-01 2010-01-01 false Conflict with State law. 766.155 Section 766.155... AGRICULTURE SPECIAL PROGRAMS DIRECT LOAN SERVICING-SPECIAL Homestead Protection Program § 766.155 Conflict with State law. If there is a conflict between a borrower's homestead protection rights and any...

  9. 29 CFR 530.201 - Conflict with State law.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 3 2010-07-01 2010-07-01 false Conflict with State law. 530.201 Section 530.201 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR REGULATIONS EMPLOYMENT... Conflict with State law. No certificate will be issued pursuant to § 530.101 of subpart B above authorizing...

  10. Correlates of state enactment of elementary school physical education laws.

    Science.gov (United States)

    Monnat, Shannon M; Lounsbery, Monica A F; Smith, Nicole J

    2014-12-01

    To describe variation in U.S. state elementary school physical education (PE) policies and to assess associations between state PE policy enactment and education funding, academic achievement, sociodemographic disadvantage, and political characteristics. U.S. state laws regarding school PE time, staffing, curriculum, fitness assessment, and moderate-to-vigorous physical activity (MVPA) in 2012 were classified as strong/specific, weak/nonspecific, or none based on codified law ratings within the Classification of Laws Associated with School Students (C.L.A.S.S.). Laws were merged with state-level data from multiple sources. Logistic regression was used to determine associations between state characteristics and PE laws (N=51). Laws with specific PE and MVPA time requirements and evidence-based curriculum standards were more likely in states with low academic performance and in states with sociodemographically disadvantaged populations. School day length was positively associated with enacting a PE curriculum that referenced evidence-based standards. School funding and political characteristics were not associated with PE laws. Limited time and high-stake testing requirements force schools to prioritize academic programs, posing barriers to state passage of specific PE laws. To facilitate PE policy enactment, it may be necessary to provide evidence on how PE policies can be implemented within existing time and staffing structures. Copyright © 2014 Elsevier Inc. All rights reserved.

  11. The Obligations of States towards Refugees under International Law

    DEFF Research Database (Denmark)

    Skordas, Achilles

    The main purpose of the current study is to discuss the obligations of States towards refugees under international law, and to argue that States have obligations towards refugees regardless of the ratification of the Geneva Convention....

  12. Regulasi tentang Pornografi: Tinjauan Kontekstual Hukum Islam

    Directory of Open Access Journals (Sweden)

    Hamdan Hamdan

    2006-12-01

    Full Text Available The issue and reality of pornography is as old as the civilization of human beings. The sensitivity of pornography-porno actions in the context of Indonesian society with the biggest number of muslims population in the world is getting hotter along with the plan to regulate the pornography. Pro-cont of pornography is related to definition, criteria and limitation of pornography- porno actions. The polemic becomes more  complicated when it is associated with economy, politics, religion, art, etc.Although it is not a major issue anymore—as it was few months ago—this writing aims at giving reflection on pornography dealing with Islamic law mainly on the aspect of law concluding  (istinbat al-hukm and aspect of profit and loss. The reflection of Islamic law on genitals and the reposition of knowledge of Islamic law as individual and social ethic controlled by society and State will be analyzed deeper in this writing.  

  13. How conflict affects land use: agricultural activity in areas seized by the Islamic State

    Science.gov (United States)

    Eklund, Lina; Degerald, Michael; Brandt, Martin; Prishchepov, Alexander V.; Pilesjö, Petter

    2017-05-01

    Socio-economic shocks, technogenic catastrophes, and armed conflicts often have drastic impacts on local and regional food security through disruption of agricultural production and food trade, reduced investments, and deterioration of land and infrastructure. Recently, more research has focused on the effects of armed conflict on land systems, but still little is known about the processes and outcomes of such events. Here we use the case of Syria and Iraq and the seizure of land by the Islamic State (IS) since 2014 as an example of armed conflict, where we investigate the effects on agricultural land use. We apply a reproducible approach using 250 m satellite-based time-series data to quantify the areas under cultivation from 2000 to 2015. Despite a common belief about widespread land abandonment in areas under conflict, results point to multiple trajectories regarding cropland cultivation in the IS seized area: (1) expansion of cropland to formerly un-cultivated areas, (2) cropland abandonment, and (3) decrease of high-intensity cropland. Our study highlights the need to understand these diverse conflict-related and context-dependent changes to the land system.

  14. The Islamic Revolution of Iran and migration of physicians to the United States.

    Science.gov (United States)

    Ronaghy, Hossain A; Shajari, Anoshiravan

    2013-10-01

    Following the Islamic Revolution of 1979 in Iran, the trend of migration of physicians from the country continued. The total number of Iranian physicians migrated to the United States (US) increased from 1625 before revolution in 1974, to 5045 in 2010, thirty years post-revolution. The percentage of medical graduates migrating to the US, in the same period dropped from 15% to 5%. The reasons for this drop were restrictions imposed, along with creation of good postgraduate residency and fellowship programs in Iran. Following the revolution, the number of medical schools increased from 13 to 48. Despite all the restrictions and impediments for post-revolution medical graduates, over 500 medical graduates from newly established medical schools found their ways into the healthcare system of the US.     In spite of all hardships of eight years of imposed war, and 30 years of the US sanctions, Iran has been able to maintain good progress in its healthcare, education, and research in medicine and other branches of science and technology.

  15. Wheat and Cotton Harvests in Territory Occupied by the Islamic State

    Science.gov (United States)

    Simmons, Alexander

    The United Nations High Commissioner for Human Rights (UNHCR) estimates that the ongoing internecine conflicts in northern Iraq and Syria have displaced 13.6 million civilians. Withdrawal of Syrian government institutions and personnel from northern governorates has permitted the establishment and proliferation of several armed groups, most notably the Islamic State of Iraq and al-Sham (ISIL/ISIS). Multiple theaters of armed engagement between these militias and government forces have arrested vital societal functions at all scales in both nations. This humanitarian crisis is framed by near total collapse of 21st century civic infrastructure; including food systems, education, economic productivity, government services and internet activity. Syrian and Iraqi agricultural systems are particularly threatened. Both nations manage agricultural regions watered by the Euphrates River. The regions are widely irrigated and vulnerable to unskilled management. Local instability prohibits field study of farm abandonment along the Syrian and Iraq Euphrates. This research uses remotely sensed imagery to quantitatively assess annual growth and senescence of crops in northeastern Syria and Western Iraq. Vegetative indices are computed to identify within-year trends and test for deviations away from observed multi-year means. Climatic and precipitation data are paired with remotely sensing methodologies to capture causal relationships unrelated to conflict. Spectral signatures are used to classify crop types and land cover within 30x30 meter spatial resolution Landsat data. Data from 1999, 2004, 2006, 2013, 2014 and 2015 is presented to assess predicted agricultural losses associated with political destabilization.

  16. Use of Law Library resources by law students of Imo State University ...

    African Journals Online (AJOL)

    Academic law li braries are indispensable support for learning, research and general practice in the entire legal profession. This article sought to establish the level of usage students of Imo State University make of its law library and in particular, determine the leve l of organization of the resources, services available as well ...

  17. Applicable law in investor-state arbitration: the interplay between national and international law

    NARCIS (Netherlands)

    Kjos, H.E.

    2013-01-01

    This book examines the law, national and/or international, that arbitral tribunals apply on the merits to settle disputes between foreign investors and host states. In light of the freedom that the disputing parties and the arbitrators have when designating the applicable law, and because of the

  18. Transitions in state public health law: comparative analysis of state public health law reform following the Turning Point Model State Public Health Act.

    Science.gov (United States)

    Meier, Benjamin Mason; Hodge, James G; Gebbie, Kristine M

    2009-03-01

    Given the public health importance of law modernization, we undertook a comparative analysis of policy efforts in 4 states (Alaska, South Carolina, Wisconsin, and Nebraska) that have considered public health law reform based on the Turning Point Model State Public Health Act. Through national legislative tracking and state case studies, we investigated how the Turning Point Act's model legal language has been considered for incorporation into state law and analyzed key facilitating and inhibiting factors for public health law reform. Our findings provide the practice community with a research base to facilitate further law reform and inform future scholarship on the role of law as a determinant of the public's health.

  19. The State of Law – Between Ambition and Reality

    Directory of Open Access Journals (Sweden)

    Nicoleta DIACONU

    2011-11-01

    Full Text Available Objectives: This article proposes to analyze if the statements regarding the unconsciousness of the law state in Romania, as a reason for not being included in the Schengen Area, are susceptible when the evolution of the relations between Romania and the European International Structures have confirmed the beginning of the rule of law in our country. Prior work: The special literature doesn’t offer many documentaries regarding this subject because the statements that doubt the real existence of the law state in Romania are recent. Even so, the previous analyses show the rule of law in Romania only regarding the justice, without saying anything about the efficiency of these rules. Approach: We analyzed the way that the elements of the law state, as they have been identified in the international documents, are mentioned in the constitutional law in our country. Based on these documents, we analyzed if some risky elements towards the law state confirm or not the previous statements. Implications: The study is useful to highlight the institutional declines and also to offer arguments in order to join the Schengen area. Value: The study wants to offer arguments in order to confirm or to infirm the statements that doubt the existence of the law state.

  20. Islam and harm reduction.

    Science.gov (United States)

    Kamarulzaman, A; Saifuddeen, S M

    2010-03-01

    Although drugs are haram and therefore prohibited in Islam, illicit drug use is widespread in many Islamic countries throughout the world. In the last several years increased prevalence of this problem has been observed in many of these countries which has in turn led to increasing injecting drug use driven HIV/AIDS epidemic across the Islamic world. Whilst some countries have recently responded to the threat through the implementation of harm reduction programmes, many others have been slow to respond. In Islam, The Quran and the Prophetic traditions or the Sunnah are the central sources of references for the laws and principles that guide the Muslims' way of life and by which policies and guidelines for responses including that of contemporary social and health problems can be derived. The preservation and protection of the dignity of man, and steering mankind away from harm and destruction are central to the teachings of Islam. When viewed through the Islamic principles of the preservation and protection of the faith, life, intellect, progeny and wealth, harm reduction programmes are permissible and in fact provide a practical solution to a problem that could result in far greater damage to the society at large if left unaddressed. Copyright (c) 2009. Published by Elsevier B.V.

  1. Islamic Contracts of Finance in Malaysia

    OpenAIRE

    Richards, Matt

    2003-01-01

    This paper explores the legal issues that arise in several of the principal instruments currently used in Islamic financing in Malaysia. Through the document review, it is submitted that these financial instruments consist of English-Malaysian commercial law, albeit set within an Islamic periphery. A consideration of how Islamic law could affect the litigation of these instruments is also undertaken and it is further submitted that given the current statutory and judicial framework...

  2. Dinamika Dan Tantangan Masyarakat Islam Di Era Modernisasi

    Directory of Open Access Journals (Sweden)

    Siti Makhmudah

    2015-09-01

    Full Text Available As believed by many experts, that this world without exception is experiencing the grand process of modernization. According to Islamic teachings, the change is part of the laws and is one of human nature and the universe as a whole. Then an ordinary, if human, community groups and environmental changes. Considering the various problems-problems islam over both intetern and externally we can understand and learn, so that we can respond and seek bagaiamana way we tackle the problem of islam is to be free of things that are not desirable towards the creation of propaganda Islamiyah is good and right that blessed by Allah.These modern times to give an intellectual basis for reform in various fields, including in the field of religion. In Arabic, the update is known by the name Tajdid. As in the term, Tajdid formulated as efforts and activities to transform the lives of the people of the state of ongoing islamdari to the state to be embodied for the sake of welfare efforts, both globally and in the hereafter , at desired by Islam. Said renewal of Islam has the meaning of "modernization", ie the teachings of Islam that is relative and open to change and update.

  3. RELASI ISLAM, NEGARA, DAN PANCASILA DALAM PERSPEKTIF TATA HUKUM INDONESIA

    Directory of Open Access Journals (Sweden)

    Hamdan Zoelva

    2012-12-01

    Full Text Available There aredifferences of opinion in looking at the relationship between religion and state. Some proposed that the state should be based on religion (Islam and others have argued the opposite, the state should be separated from the religion (secular nationalism. The debate is considered complete after the Jakarta Charter formula was agreed, although it was annulled after the legalization of the Constitution on August 18, 1945. History shows that Muslims sacrifice for this country is invaluable both in terms of physical struggle (body and soul and ideological (Islamic values. So that, returning authority to the Muslim community to determine the direction of development of the country has become a necessity. Through this article, the author would like to express a new form of moral calling on Muslims to contribute to this country, some of them with sincerity impose Islamic lawinto national law. Terdapat perbedaan pendapat dalam memandang hubungan agama dan negara. Ada yang berpendapat negara  harus  berdasarkan  pada  agama  (Islam  dan  ada  yang  berpendapat sebaliknya,  bahwa negara  harus  dipisah  dari  agama  (nasionalisme  sekuler.  Perdebatan dianggap selesai setelah disepakati rumusan Piagam Jakarta, meskipun kemudian dianulir setelah  disahkannya  UUD  tanggal  18  Agustus  1945.  Sejarah  ini  menunjukkan  bahwa pengorbanan umat Islam untuk negeri ini tidak ternilai harganya baik ditinjau dari segi perjuangan fisik (jiwa raga maupun ideologis (nilai-nilai keislaman. Dari pengorbanan tersebut,  mengembalikan  kewenangan  kepada  umat Islam  untuk  menentukan  arah pembangunan negara ini menjadi keniscayaan. Karena itu melalui tema ini, penulis ingin mengungkapkan bentuk baru panggilan moral umat Islam untuk memberikan konstribusi terhadap negeri ini, yaitu diantaranya melalui keikhlasan memberlakukan hukum Islam ke dalam hukum nasional.

  4. 34 CFR 200.4 - State law exception.

    Science.gov (United States)

    2010-07-01

    ... law to adopt academic content standards, student academic achievement standards, and academic assessments applicable to all students enrolled in the State's public schools, the State may meet the...) If a State provides satisfactory evidence to the Secretary that neither the State educational agency...

  5. Water laws in eleven midwestern states: summary tables

    Energy Technology Data Exchange (ETDEWEB)

    McNeil, T.L.; Torpy, M.F.

    1979-06-01

    Basic information about the water laws of Arkansas, Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, Ohio, and West Virginia is summarized. References to state laws and court decisions that may be useful in assessing the legal availability of water for energy development are provided. (MCW)

  6. Islam, secularist government, and state-civil society interaction in Mozambique and South Africa since 1994

    DEFF Research Database (Denmark)

    Kaarsholm, Preben

    2015-01-01

    This article explores state–civil society interactions in Mozambique and South Africa with a focus on Islamic groupings, and places the two countries within an Indian Ocean coastal continuum of links to East Africa, India, and the Arab world. Contrasting the histories of dominant-party rule since...... the transitions in 1994 to multiparty-ism in Mozambique and to democracy in South Africa, the article discusses the development of Islamic organisations including both transnational Sufi orders and modernist reform movements as important components in local civil societies. The article contrasts the spaces...

  7. Mediated Public Diplomacy of the Islamic State in Iraq and Syria: The Synergistic Use of Terrorism, Social Media and Branding

    Directory of Open Access Journals (Sweden)

    Jad Melki

    2016-05-01

    Full Text Available This study aims to provide an initial theoretical model for understanding and analyzing the mediated public diplomacy strategy of virtual states. It examines the mediated public diplomacy strategy of the Islamic State in Iraq and Syria (ISIS and its ability to synchronize terrorism tactics with communication strategies to gain media access and exposure, push news frames that serve its interests, and target stakeholders with a dual message using sophisticated branding strategies that resonate with cultural values and help it ultimately recruit supporters and deter foes.

  8. Investigation into The Effect of Arabic Incompetence on The Students’ Performance in Islamic Studies in Ibadan South-East Of Oyo State In Nigeria

    Directory of Open Access Journals (Sweden)

    Kazeem Adekunle Adegoke

    2016-11-01

    Full Text Available Abstract This study investigated the effect of incompetence in Arabic language on students’ performances in Islamic studies in the selected senior secondary schools in Ibadan South-East Local Government Area of Oyo State, Nigeria. The main objective of this study was to ascertain the argument that the poor performance of senior secondary students in Islamic studies is as a result of incompetence and non-proficiency in Arabic language on the side of learners and teachers. The methodology employed in this study was the quantitative approach. Location of the study was Ibadan South-East Local Government Area of Oyo State. Teachers of Islamic studies and students were randomly selected using the stratified random sampling technique from six senior secondary schools. The data gathered were analysed using simple percentages and chi-square statistical analysis. The findings revealed that significant number of students in Senior Secondary School’s poor performance in Islamic studies was due to their incompetence in Arabic as a result of their lack of exposure to the Arabic language and their poor background in Arabic from the previous classes. It also revealed that some of their teachers in Islamic studies were not competent in Arabic reading and writing. Abstrak Penelitian ini menginvestigasi efek ketidakmampuan bahasa Arab terhadap kinerja siswa studi Islam di sekolah-sekolah menengah atas terpilih di Ibadan Tenggara, di Area Pemerintahan Daerah Negara Oyo, Nigeria. Tujuan utama penelitian ini untuk menegaskan argumen bahwa buruknya kinerja siswa sekolah menengah atas pada studi Islam adalah akibat dari ketidakmampuan dan ketidakmahiran bahasa Arab pada peserta didik dan guru. Metode penelitian pendekatan kuantitatif. Lokasi penelitian adalah di Area Pemerintah Daerah Ibadan Tenggara Negara Oyo. Guru dan siswa program studi Islam dipilih secara acak menggunakan teknik stratified random sampling dari enam sekolah menengah atas. Data yang terkumpul

  9. Sexual Orientation in State Hate Crime Laws: Exploring Social Construction and Criminal Law.

    Science.gov (United States)

    Valcore, Jace L

    2017-09-15

    Several studies have described and analyzed the development and diffusion of hate crime laws in the United States, but none specifically examined state-level differences in protected categories. Forty-five of the 50 states have a hate crime statute, but only 30 of those include sexual orientation. In this study the social construction framework is applied to the hate crime policy domain in order to determine whether or not variations in the social and political status of gays and lesbians are associated with the inclusion of sexual orientation in state hate crime laws. Content analysis of daily newspapers in six states revealed that a positive social construction is associated with groups seeking hate crime law protections, and that political influence may also be a key factor.

  10. Case Study: Iran, Islam, the NPT, and the Bomb

    Energy Technology Data Exchange (ETDEWEB)

    Saunders, E .

    2011-04-01

    The goals of this case study are: (1) To examine the correlation between Iran's nuclear program and clerical statements; (2) To evaluate the importance of these statements; (3) To understand the relationship between policy and fatwas (Islamic decrees); (4) To address the issue of a 'nuclear fatwa'; and (5) To examine how, if at all, Sharia (Islamic law) has influenced Iran's actions or inactions with respect to the Non-Proliferation Treaty (NPT), the International Atomic Energy Agency (IAEA), and Iran's adherence to its IAEA Safeguards Agreements and the Additional Protocol. The Islamic Republic of Iran (hereinafter Iran) is one of two theocracies in the world, the second being Vatican City. Iran's government derives its constitutional, moral, and political legitimacy from Islam. As a result of this theocratic culture, rules are set and interpreted with a much different calibrator than that of the Western world. Islam affects all aspects of Iranian life. This is further complicated by the fact that Islam is not a nationalistic faith, in that many people all over the world believe in and adhere to Islamic principles. As a result, a political system that derives much of its fervor from being nationalistic is caught between two worlds, one within the land boundaries of Iran and the other within a faith that transcends boundaries. Thus, any understanding of Islamic law must first be understood within this delicate balance of nationalism and transcendence. Iran has found itself on the international stage concerning its nuclear program. Because Iran is a theocratic state, it is imperative to examine its political moves, speeches, rights, and obligations through the lens of Islam. This study will examine how Islam plays a role in Iran's dealing with the International Atomic Energy Agency (IAEA), its understanding of the Nuclear Non-Proliferation Treaty (NPT), including parties obligations under Safeguards Agreements and the Additional

  11. Inequity between male and female coverage in state infertility laws.

    Science.gov (United States)

    Dupree, James M; Dickey, Ryan M; Lipshultz, Larry I

    2016-06-01

    To analyze state insurance laws mandating coverage for male factor infertility and identify possible inequities between male and female coverage in state insurance laws. We identified states with laws or codes related to infertility insurance coverage using the National Conference of States Legislatures' and the National Infertility Association's websites. We performed a primary, systematic analysis of the laws or codes to specifically identify coverage for male factor infertility services. Not applicable. Not applicable. Not applicable. The presence or absence of language in state insurance laws mandating coverage for male factor infertility care. There are 15 states with laws mandating insurance coverage for female factor infertility. Only eight of those states (California, Connecticut, Massachusetts, Montana, New Jersey, New York, Ohio, and West Virginia) have mandates for male factor infertility evaluation or treatment. Insurance coverage for male factor infertility is most specific in Massachusetts, New Jersey, and New York, yet significant differences exist in the male factor policies in all eight states. Three states (Massachusetts, New Jersey, and New York) exempt coverage for vasectomy reversal. Despite national recommendations that male and female partners begin infertility evaluations together, only 8 of 15 states with laws mandating infertility coverage include coverage for the male partner. Excluding men from infertility coverage places an undue burden on female partners and risks missing opportunities to diagnose serious male health conditions, correct reversible causes of infertility, and provide cost-effective treatments that can downgrade the intensity of intervention required to achieve a pregnancy. Copyright © 2016 American Society for Reproductive Medicine. Published by Elsevier Inc. All rights reserved.

  12. State and religion in contemporary Iran modernity, tradition, and political Islam (1979-2005)

    NARCIS (Netherlands)

    Rad, Darius

    2010-01-01

    The title of this study raises questions about the meaning and the significance of the words 'modernity', 'tradition' and 'Political Islam' in contemporary Iran. The purpose of this study is to reveal true meanings of the thoughts and practises of the post-revolution Iranian elites and

  13. The Role of Traditional Rulers in the Islamization of Osun State ...

    African Journals Online (AJOL)

    Many kings were (and are still now) believed to be the chief priests of their domains and custodians of their traditional local culture. This is not in line with the teaching of Islam which preaches absolute tawhid (monotheism), hence this factor has been neglected by some Muslim historians. Some of these royal fathers, ...

  14. Etika dan Kode Etik Jurnalistik dalam Media Online Islam

    Directory of Open Access Journals (Sweden)

    Iim Rohimah

    2018-04-01

    Full Text Available Online media is a new world’s phenomenon which produce the mass communication subjects which is not only institutionalized but also individuals, famously known as citizen journalist. However, this new type of journalist is considered as not professional as mainstream journalists. This phenomenon is also happened in islamic online media, which the subject of this communication could be an institution, or either individuals. These subjects are often violating journalism rule and ethics on the internet. The ideology of this writer and institution could be expressed on a discriminative and unfair journalism product. On the other hand, religious sentiment could also be a factor when a journalism products tend to accused a person before the law. This condition has to be evaluated, it is due to the islamic media on the internet could be an image of Islamic world as a whole. Moreover as a moslem, we are not only pay attention to the journalism code but also on Islamic value. There are many Islamic rule which stated that journalism activities linked with taqwa concept. Each of journalism activites on the media has to be based on the fairness, carefulness and critique-constructive concept. With that, it could strengthen moslem activities on holding not only towards journalism code of ethics but also Islamic religious faith.

  15. A Content Analysis of Protective Factors within States' Antibullying Laws

    Science.gov (United States)

    Weaver, Lori M.; Brown, James R.; Weddle, Daniel B.; Aalsma, Matthew C.

    2013-01-01

    State lawmakers have responded to school bullying by crafting antibullying legislation. By July 2011, 47 states enacted such laws, though varied widely in content and scope. This study systematically evaluated each state's antibullying legislation by focusing on the inclusion of individual, parental, and systemic protective factors through…

  16. Islamic factor in contemporary Russia

    OpenAIRE

    N. M. Shalenna

    2014-01-01

    Russian Federation, a Eurasian multinational state, has a significant number of indigenous Muslim population (about 10%) that continues to increase not only due to natural growth and conversion of non-Muslims to Islam, but also as a result of intensive immigration from the Central Asian countries and Azerbaijan. Islamic factor significantly predetermined policy of Russia during its historical development. The importance of Islam in contemporary political life has been underlined by many gover...

  17. Adab Sebagai Politik Hukum Islam

    Directory of Open Access Journals (Sweden)

    Yogi Prasetyo

    2017-05-01

    Full Text Available This paper aims to know the concept of adab as the politics of Islamic law. Only Islam has the adab to organize people in all spheres of life while still being able to keep up with the times. Islam as a civilized religion wants the good of the world and here after by making human beings as khamil who believe and piety to Allah SWT is evidenced by obedience to His laws as dijelskan in al-Qur’an and Hadith. Adab is a basic principle typical of Islam which contains the values and rules of law that govern human life. Adab contains an inner philosophy of life that explains the lives of the past, present and future. The dimensions of space and time covered in adab can always follow global developments, so that there is an eternal politics of Islamic law as a way for the Islamic law that governs the good of human beings to be the main grip in living life. It is important that the role of adab in the development of the ummah, because it contains about the laws of Allah SWT to regulate acceptable human life and become the main need to practice it, because the goodness that is in it is desired by the whole people. The value contained in it is able to reduce the egoism and fanatic sentiments that are often spread by interested parties. As the politics of Islamic law, adab contains the wisdom of life, contained in it can provide widespread benefit to all mankind.

  18. STUDI KOMPARASI PEMIKIRAN ABUL A’LA MAUDUDI DENGAN MUHAMMAD NATSIR TENTANG KONSEP NEGARA ISLAM

    Directory of Open Access Journals (Sweden)

    Ainur Ropik

    2015-12-01

    Full Text Available This paper discusses Abul A'la Maududi comparative thoughts with Muhammad Natsir about the concept of the Islamic State, both in terms of state ideology and form of government. Despite his two live in different social settings, but his political thinking, especially about the Nation of Islam have a lot in common, yet on the other hand there is also the difference, while the striking similarities in the concept of Maududi and M. Natsir are equally wanted the establishment of an Islamic state as a whole. While the difference is the legal basis of each character is like taking Ayat al-Quran and al-Hadith different interpretation. If Maududi considers democracy as shirk, but Natsir considered legitimate democratic origin remains contrary to Islamic law.

  19. The «Islamic State»: The Path to The Self-Proclamation of a Contemporary Caliphate

    OpenAIRE

    Rooney, Mildred

    2016-01-01

    In only two years, since proclaimed it-self as a «Califate», the Islamic State has experienced an accelerated ideological, territorial and cybernetic expansion, which has led to a wave of bloody sectarian violence against non-Sunni populations. In a short time, it has managed to control large areas in Iraq and Syria where runs a political-religious administration founded on fundamentalist interpretation of the sharia. The characteristics of its organization, methodsand objectives obscure its ...

  20. 12 CFR 557.13 - What State laws affecting deposits are not preempted?

    Science.gov (United States)

    2010-01-01

    ... purposes of § 557.11: (1) Contract and commercial law; (2) Tort law; and (3) Criminal law. (b) The OTS will not preempt any other state law if the OTS, upon review, finds that the law: (1) Furthers a vital... 12 Banks and Banking 5 2010-01-01 2010-01-01 false What State laws affecting deposits are not...

  1. The Group That Calls Itself a State: Understanding the Evolution and Challenges of the Islamic State

    Science.gov (United States)

    2014-12-01

    to mount a fight against the global establishment in the form of states, al-Zarqawi was envisaging an establishment of his own. The embryo of al...the IS far too much credit in shaping its own destiny . Were it not for many unplanned and unintended events (see the section of this report on the

  2. Sexuality and Islam.

    Science.gov (United States)

    Dialmy, Abdessamad

    2010-06-01

    This paper deals with three major questions: (1) What are the sexual norms defined by the sacred texts (Koran and Sunna)? (2) What are the sexual practices currently observed among Moslems? (3) To which extent are current sexual practices of Moslems dissociated from Islamic sexual norms? Sexual standards in Islam are paradoxical: on the one hand, they allow and actually are an enticement to the exercise of sexuality but, on the other hand, they discriminate between male and female sexuality, between marital and pre- or extramarital sexuality, and between heterosexuality and homosexuality. Men are given more rights with regard to the expression of their sexuality; women are forbidden to have extramarital sex (with their slaves) and both genders to have homosexual relationships. The combination of these paradoxical standards with modernisation leads to the current back and forth swing of sexual practices between repression and openness. Partial modernisation leads to greater sexual tolerance. But restrictive sexual standards have gathered strength and have become idealised as a result of the current radicalisation of Islam. This swing of the pendulum between repression and openness is illustrated by phenomena such as public harassment, premarital sexuality, female pleasure, prostitution, and homosexuality. Currently, Islam is not any more the only reference which provides guidance concerning sexual practices but secularisation of sexual laws is still politically unthinkable today. So the only solution is to achieve reform in the name of Islam, through the reinterpretation of repressive holy texts.

  3. Islam and Political Violence

    Directory of Open Access Journals (Sweden)

    John L Esposito

    2015-09-01

    Full Text Available The global threat of Al Qaeda post 9/11 and ISIL, increased Sunni-Shia conflicts, and violence in the Middle East and Pakistan dominate headlines and challenge governments in the region and globally. Both Muslim extremists and some Western experts and observers speak of a clash of civilizations or a culture war in Muslim-West relations. Both the discourse and violence yet again raise questions about the relationship of Islam to violence and terrorism: is Islam a particularly violent religion? Critics cite Quranic passages, doctrines like jihad and events in Muslim history as strong indicators and proof that Islam is the primary driver of Muslim extremism and terrorism. What do the Quran and Islamic law have to say about violence, jihad and warfare? What are the primary drivers of terrorism in the name of Islam today? This article will address these questions in the context of development of global jihadist movements, in particular Al Qaeda and ISIL, their roots, causes, ideology and agenda.

  4. REKONSTRUKSIHUKUM ISLAM DANIMPLIKASI SOSIAL BUDAYA PASCA REFORMASI DI INDONESIA

    Directory of Open Access Journals (Sweden)

    Muwahid Shulhan

    2013-03-01

    Full Text Available Abstrak: Nabi Muhammad tidak sepenuhnya memusnahkan tradisi Arab pra-Islam. Bahkan, Nabi Muhammad banyak menciptakan aturan-aturan yang melegalkan hukum adat masyarakat Arab, sehingga memberi tempat bagi praktik hukum adat di dalam sistem hukum Islam. Signifikansi peran budaya dalam hukum Islam kemudian diteruskan oleh para penerusnya. Dengan demikian, budaya memiliki posisi yang penting dalam sejarah hukum Islam. Ini juga membuktikan bahwa budaya yang berkembang dalam masyarakat tidak harus tunduk dalam ekspresi hukum Islam (corak Arab, melainkan hukum Islam harus melakukan proses mutasi untuk beradaptasi di bawah naungan budaya yang hidup di masyarakat sepanjang budaya tersebut tidak bertentangan dengan ajaran fundamental dan spirit Islam. Dalam konteks Indonesia, paling tidak ada dua gagasan penting, yaitu: “fikih Indonesia” dan “pribumisasi Islam”. Dari kedua gagasan ini, setidaknya ada dua paradigma penting dalam upaya pribumisasi hukum Islam, yaitu: pertama, kontekstual, hukum Islam dipahami sebagai ajaran yang terkait dengan dimensi zaman dan tempat. Kedua, menghargai tradisi lokal. Dengan kedua paradigma ini, maka pribumisasi hukum Islam akan menjadi lebih jelas. Dengan demikian, pasca reformasi haruslah menjadi momen positif untuk merekontruksi budaya lokal, bukan malah menghancurkannya dengan pemaksaan konsep hukum yang tidak sesuai dengan kepribadian bangsa Indonesia. Abstract: The fact explains that the Prophet Muhammad is not completely destroy the tradition of pre-Islamic Arabia. In fact, Prophet Muhammad creating many rules of customary law which  legalizing pre-Islamic custom of  Arab society, thus giving the place for the practice of customary law in the Islamic legal system. The significance of  culture in Islamic law and then passed on by his successors. Thus, culture has an important position in the history of Islamic law. It also proves that the culture that developed in the community should not be subject to the

  5. Laws on Sex Discrimination in Employment. Federal Civil Rights Act, Title VII State Fair Employment Practices Laws, Executive Orders.

    Science.gov (United States)

    Women's Bureau (DOL), Washington, DC.

    This report describes the applicable laws regarding sex discrimination in employment. In addition to Federal law and two relevant Executive Orders, the report includes 21 state laws and the District of Columbia's law prohibiting discrimination based on sex. This document is a revision of ED 014 611. (BH)

  6. Radioactive waste management: a summary of state laws and administration

    International Nuclear Information System (INIS)

    1983-09-01

    This is the second update of Radioactive Waste Management: A Summary of State Laws and Administration. It completely replaces the first update (15 April 1983). The updated report covers the administration, the legislature and the laws in the 50 states related to radioactive waste. The report for each state is divided into four sections: Cover Page; Administrative; Legislative; and Applicable Legislation. The cover page indicates whether or not it is an Agreement State, the low-level waste compacts in which the state is listed as an eligible state, and the high-level waste repository site screening regions in which the state or a portion of it is located. Included under the compacts is a description of what the state has done or currently plans to do, as well as the compact status of other eligible states in the region. The Administrative section provides information on the governor, lead agencies, other involved administrative agencies, relevant commissions, boards and councils and various contacts. In a number of states, Boards of Health or similar boards are lead agencies, so they have been listed in that section. Each board's administrative agency is listed under it. The Legislative section provides general information on the legislature and lists legislative leaders, the relevant committees and their chairs, and a legislative contact. Many legislatures do not set a date for session adjournment, so the date listed represents a combination of information provided by the states and by the history of past sessions. In the section covering Applicable Legislation, laws related to radiation protection, low-level waste and high-level waste have been summarized. Hazardous waste siting laws are included for states that do not have a siting law covering radioactive waste. The section also contains summaries of relevant bills introduced in 1982 and 1983 legislative sessions and this disposition. In general, the information in this report is accurate as of July 15, 1983

  7. Leadership in Islamic Education Institution

    Directory of Open Access Journals (Sweden)

    Supriadi Supriadi

    2014-11-01

    Full Text Available Education institution may not be separated by social system. It can be formal and informal education. A formal education institution such as school, Islamic school or Islamic boarding school is in social environment and bringing a basic value and law from its institution. Meanwhile, Islamic education institution is believed as tool to reach the aim of education. The aim of education is hard to reach if there is no leadership in it. Copyright © 2014 by Al-Ta'lim All right reserved

  8. Leadership in Islamic Education Institution

    OpenAIRE

    Supriadi Supriadi

    2014-01-01

    Education institution may not be separated by social system. It can be formal and informal education. A formal education institution such as school, Islamic school or Islamic boarding school is in social environment and bringing a basic value and law from its institution. Meanwhile, Islamic education institution is believed as tool to reach the aim of education. The aim of education is hard to reach if there is no leadership in it. Copyright © 2014 by Al-Ta'lim All right reserved

  9. Admitting Syrian Refugees: Is The Threat of Islamic State Infiltration Justified

    Science.gov (United States)

    2017-06-01

    discrimination from their hosts, radical Islamic ideology may find a receptive audience , particularly among second- and third-generation children of...theatricality, suspense, and threat of danger inherent in terrorism enhance its attention- getting qualities.”163 Furthermore, “As the audience grows larger...IS has grown in size and scope, unique from Al Qaeda in that it “coerces local populations while advertising to a global audience .”174 Its caliphate

  10. The Correlation Of Islamic Civilization In Sciences With Western World

    Directory of Open Access Journals (Sweden)

    Mohamed Mohamed Tolba Said

    2018-01-01

    Full Text Available The nature of scientific verification of knowledge distinguishes it from mystical knowledge in empirical sciences. Islam is a religion and a civilization, historically connecting various stages of human history for more than fourteen centuries. The Islamic ethics and law “Sharia’h” are coherent legal system to protect private property within a comprehensive and rational system. Capitalism and the industrial revolution of western world dramatically transformed resulting in a socio-economic schism consequently emerged as a domineer for existence and affected the Islamic world. The secular and rationalized legal framework needed capitalism, which is incompatible with the nature of Islamic law. The western science in this civilization is also separated from morality and noble values because it has adopted materialistic philosophies and ideologies, such as Pragmatism, Darwinism, Existentialism and any other philosophy that is against the Islamic religion. keywords: Islamic civilization, western world, empirical sciences, Islamic ethics, Islamic law “Shari’ah”, materialistic, human History.

  11. Modified Van der Waals equation and law of corresponding states

    Science.gov (United States)

    Zhong, Wei; Xiao, Changming; Zhu, Yongkai

    2017-04-01

    It is well known that the Van der Waals equation is a modification of the ideal gas law, yet it can be used to describe both gas and liquid, and some important messages can be obtained from this state equation. However, the Van der Waals equation is not a precise state equation, and it does not give a good description of the law of corresponding states. In this paper, we expand the Van der Waals equation into its Taylor's series form, and then modify the fourth order expansion by changing the constant Virial coefficients into their analogous ones. Via this way, a more precise result about the law of corresponding states has been obtained, and the law of corresponding states can then be expressed as: in terms of the reduced variables, all fluids should obey the same equation with the analogous Virial coefficients. In addition, the system of 3 He with quantum effects has also been taken into consideration with our modified Van der Waals equation, and it is found that, for a normal system without quantum effect, the modification on ideal gas law from the Van der Waals equation is more significant than the real case, however, for a system with quantum effect, this modification is less significant than the real case, thus a factor is introduced in this paper to weaken or strengthen the modification of the Van der Waals equation, respectively.

  12. Dimensi politik hukum dalam perkembangan ekonomi Islam di Indonesia

    Directory of Open Access Journals (Sweden)

    Bambang Iswanto

    2015-02-01

    Full Text Available This study aims to describe the history of recent Islamic economic development in the correlation to politics as a sought to formulated some Islamic economic laws. This qualitative study is an exploratory- analysis. It intended to analyze the position of Islamic economic in Indonesian’s system of law, so it will found the clear description of the implementation of Islamic economic laws in Indonesia. It is a library research. The study found that it is important to found the frame of the development of the products of Islamic economic law at the both period; i.e. New Order and Reformation Era. The concept of Islamic economy is still dominated by the application of Islamic principles in the areas of finance, especially banking. This dominance is not supposed to leave the Islamic economic instruments. In this respect, it associated with the political and legal product, then all the aspects and the Islamic economic instruments should be viewed comprehensively. Tulisan ini akan menguraikan mengenai sejarah ekonomi Islam modern dan keterkaitannya dengan politik dalam upaya merumuskan berbagai hukum ekonomi Islam. Penelitian kualitatif ini merupakan studi exploratory-analysis. Pendekatan ini dimaksudkan untuk menganalisis posisi ekonomi Islam dalam tata hukum Indonesia sehingga akan dapat diperoleh gambaran bagaimana bentuk implementasi ekonomi Islam di Indonesia. Penelitian kepustakaan ini menemukan urgensi untuk menemukan kerangka pengembangan produk hukum ekonomi Islam pada dua periode yang ada yaitu Orde Baru dan Era Reformasi. Konsep ekonomi Islam masih didominasi dengan penerapan prinsip Islam dalam bidang keuangan terutama perbankan. Dominasi ini tidak seharusnya melupakan instrumen ekonomi Islam lainnya karena jika dikaitkan dengan politik dan produk hukum, maka semua aspek dan instrumen ekonomi Islam tersebut harus bisa dilihat secara komprehensif.

  13. Bioethics for clinicians: 21. Islamic bioethics

    Science.gov (United States)

    Daar, Abdallah S.; Khitamy, A.

    2001-01-01

    ISLAMIC BIOETHICS DERIVES FROM A COMBINATION OF PRINCIPLES, duties and rights, and, to a certain extent, a call to virtue. In Islam, bioethical decision-making is carried out within a framework of values derived from revelation and tradition. It is intimately linked to the broad ethical teachings of the Qur'an and the tradition of the Prophet Muhammad, and thus to the interpretation of Islamic law. In this way, Islam has the flexibility to respond to new biomedical technologies. Islamic bioethics emphasizes prevention and teaches that the patient must be treated with respect and compassion and that the physical, mental and spiritual dimensions of the illness experience be taken into account. Because Islam shares many foundational values with Judaism and Christianity, the informed Canadian physician will find Islamic bioethics quite familiar. Canadian Muslims come from varied backgrounds and have varying degrees of religious observance. Physicians need to recognize this diversity and avoid a stereotypical approach to Muslim patients. PMID:11202669

  14. State and perspectives of Czechoslovakian nuclear law

    International Nuclear Information System (INIS)

    Bezdek, R.

    1992-01-01

    In Czechoslovakia, the peaceful utilization of nuclear energy is governed by a series of legislative norms of varied character and legal power. The most important are the Act No. 194/1988 and the Act No. 28/1984. The former defines the competence of the Czechoslovak Atomic Energy Commission (CAEC), which is the central authority of state administration in the field of utilization of nuclear energy. The latter deals with the State inspection for the nuclear safety of nuclear facilities. In accordance with this Act, the CAEC is the competent authority for the licensing and inspection of nuclear safety. In addition to the two main Acts, a series of CAEC Regulations govern nuclear activities (accounting and control of nuclear materials, radioactive waste management, physical protection, qualifications of personnel in nuclear facilities, quality assurance, etc.). There is no specific legislation governing nuclear third liability. The solution for the various shortcomings of the contemporary codification lies primarily in change of the present codification. This change, however, should not mean a general and indiscriminate ''destruction'' of the legal norms in force at present, but in gradual and purposive creation of an integral, legal system capable of reacting flexibly, the core of which would consist of an Act concerning the peaceful utilization of nuclear energy and on liability for nuclear damage. (author)

  15. State-wide Regulation of Smoking Law in Lagos state Nigeria?

    Directory of Open Access Journals (Sweden)

    Oluwakemi Ololade Odukoya

    2016-07-01

    Awareness of the State Regulation of smoking law was low however ,many of the workers support many aspects of the law. They however, believed the law would negatively impact revenue. Mechanisms to educate these workers and deal with their misconceptions of the perceived negative effects of the law should be implemented. Monitoring the awareness and support of these workers for smoke-free legislation is essential, in line with the guidelines for Article 8 of the WHO FCTC.

  16. The Present State of the Business Law Education of Accounting Students: The Business Law Professor's Perspective

    Science.gov (United States)

    Kocakulah, Mehmet C.; Austill, A. David; Long, Brett

    2009-01-01

    The article aims to provide Certified Public Accountant (CPA) candidates, accounting faculty, the American Institute of Certified Public Accountants (AICPA), and the state boards of accountancy with an insight into the business law professor's perspective concerning the legal education of accountants. This article first describes various factors,…

  17. 12 CFR 557.11 - To what extent does Federal law preempt deposit-related State laws?

    Science.gov (United States)

    2010-01-01

    ... Federal law preempt deposit-related State laws? (a) Under sections 4(a), 5(a), and 5(b) of the HOLA, 12 U... purposes of HOLA. (b) To further these purposes without undue regulatory duplication and burden, OTS hereby...

  18. Students’ Extracurricular Activities in Higher Education and Its Effect on Personal Development and Academic Achievement (Case Study In Islamic State University of Suska Riau

    Directory of Open Access Journals (Sweden)

    Amirah Diniaty

    2014-11-01

    Full Text Available This study investigates the students’ extracurricular activities at Islamic State University of Suska Riau concerning the types and forms of their activities, background of the activity, benefits of extracurricular activities, and its effect on students’ self-development and academic achievement. 300 students who enroll at sixth semester in eight Faculties (Tarbiyah and Teacher’s Training, Sharia and Law, Ushuludin, Dakwah and Communication Sciences, Science and Technology, Psychology, Economics and Social Sciences, Agriculture and Animal Husbandry were the sample of this study. The data were then processed statistically using percentages and regression of correlation. It was found that the type of extracurricular followed by the students were leadership (70%, those of whom had the motivation to add insight, knowledge and more critical thinking were (44.67%. Some students followed extra-curricular activity because of their solicitation or to follow the main stream (37%, some students did not get financial benefits from the activity (34.67%. Some other respondents felt that they could follow the extracurricular talents, interests and personal abilities (58.67%, and think about their future after graduating from the college (66%. Things need to be followed up by students and university staffs were the more active students who attend the extracurricular activities were the lower achievement ones. Copyright © 2014 by Al-Ta'lim All right reserved

  19. Kurikulum Fikih dalam Bingkai Negara Kesatuan Republik Indonesia: Upaya Membangun Peradaban Islam berbasis NKRI

    Directory of Open Access Journals (Sweden)

    Mustatho'

    2016-12-01

    Full Text Available Despite having a population that is predominantly Muslim, Indonesia is not an Islamic state; instead, it is a unitary state with different ethnic, tribal, cultural and religious views. Therefore, the awareness of Indonesian people toward the concept of plurality is instrumental in social life. This article attempts to discuss the need for a method in learning Islamic law that leads to the cognizance of the importance of plurality. By using content analysis method, this study focuses on finding learning methods of Islamic law within the framework of the Negara Kesatuan Republik Indonesia (NKRI, Unitary Republic of Indonesia. It finds that all textbooks on Islamic law taught at secondary schools have deficiencies in addressing Indonesian diversity in an inclusive manner. Hence, more reading materials that touches on issues of plurality in the interest of the state and nation are badly needed. The results of this study confirm that the plurality-sensitive Islamic jurisprudence (fiqh can be implemented in two ways: first, through education; and second through reforming the body of fiqh itself. When the concept of fiqh is unresponsive toward the phenomenon of pluralism and human rights, then its manifestations by Muslims may also envisage this very own fiqh concept.

  20. Korupsi dalam Kajian Hukum Islam

    Directory of Open Access Journals (Sweden)

    Syamsul Bahri

    2015-12-01

    Corruption in Islamic Law ABSTRACT: Corruption is an action that is categorized in the form of bribery, manipulation etc. Indonesia’s legal study, corruption belongs to the deeds of the offenses set forth in the Act Number 31, 1999 in relation to the Act Number 20, 2001. Form the impact, this action not only affects human morality personality, but also public interest. The damages to all aspects of life are able to create slump values of morality and the most severe social inequality, such as poverty, crime is not severe and more. This causes destruction of the public good and contrary to the purpose Islamic law obedience. As a result, Islam forbids and prohibits such action, and can be rewarded with severe sanctions. This is normative legal research, seeking and finding the source of the laws of literature related to the topic being studied.

  1. 24 CFR 3500.13 - Relation to State laws.

    Science.gov (United States)

    2010-04-01

    .... (1) The Secretary may not determine that a State law or regulation is inconsistent with any provision... affiliated business arrangements are inconsistent with RESPA or this part, the Secretary may not construe... that are inconsistent with RESPA or this part are preempted to the extent of the inconsistency. However...

  2. The Passing on Defence Aviated Into State Aid Law

    DEFF Research Database (Denmark)

    Ølykke, Grith Skovgaard

    2015-01-01

    to the low level of taxation, contested the Commission’s calculation of the amount to be recovered. The General Court found for the applicants and stated that the Commission should limit itself to ordering recovery of the advantage actually retained by the airlines, taking into account the competitive...... law, making it appealing from a perspective of coherence in the EU legal system....

  3. ISLAM NUSANTARA: Sebuah Argumentasi Beragama dalam Bingkai Kultural

    Directory of Open Access Journals (Sweden)

    Hanum Jazimah Puji Astuti

    2017-11-01

    Full Text Available The emergence of Islam Nusantara is the typical of Indonesia, where Islam Nusantara is declared as a universal religion, manifested in its teachings including religious law (fiqh, trust (faith, and the ethical (the moral. Although Islam Nusantara gives a new ambience in Islam by assimilating a culture into religion, this method is not contagious to the purity of Islamic teachings by taking Quran and Hadith as the guidances and directions in the Indonesian social life. Islam teaches mutual respect and reciprocal tolerance. This religion teaches the adherents to love others, to mercy and nurture regardless of race, nationality, and social structure.

  4. Survey of state water laws affecting coal slurry pipeline development

    Energy Technology Data Exchange (ETDEWEB)

    Rogozen, M.B.

    1980-11-01

    This report summarizes state water laws likely to affect the development of coal slurry pipelines. It was prepared as part of a project to analyze environmental issues related to energy transportation systems. Coal slurry pipelines have been proposed as a means to expand the existing transportation system to handle the increasing coal shipments that will be required in the future. The availability of water for use in coal slurry systems in the coal-producing states is an issue of major concern.

  5. Islamic fatalism

    Directory of Open Access Journals (Sweden)

    Helmer Ringgren

    1967-02-01

    Full Text Available The author sketches the historical background, then the teaching of the Koran, and finally, the development of the typical Islamic fatalism. The fatalism of Islam has to be viewed against the background of the ideas of pre-Islamic Arabia. Unfortunately, there is no other evidence from this epoch that a few poems on a very restricted range of topics which have been able to survive Islamic censure. The conventional and stereotyped character of these poems makes it difficult to decide to what extent they reflect commonly accepted views or the ideas of a certain group. In any case, they present a picture of the pagan Arab which is extremely idealized and formed after a rigid pattern. Historically speaking, Islamic 'fatalism' is the result of a combination of pre-Islamic fatalism and Muhammad's belief in God's omnipotence. From another point of view it is an interpretation of destiny that expresses man's feeling of total dependence, not on an impersonal power or universal order, but on an omnipotent God.

  6. Islamic Worldview: Landasan Membangun Islamic Management Model

    OpenAIRE

    Juliandi, Azuar; Muhyarsyah

    2017-01-01

    The purpose of this research to explore the principles of the Islamic worldview from various sources of Islamic knowledge. The principles useful for developing a further model of Islamic management. The exploratory research is an approach of this research. The majority of the data collected from various Islamic knowledge resources, among others the Qur'an, Hadith, Islamic scholars' thought and the results of research of Islamic scholars around the world. The meta-synthesis used to analyze th...

  7. Introduction to "Islam in China/China in Islam"

    Directory of Open Access Journals (Sweden)

    Matthew S. Erie

    2014-09-01

    Full Text Available Rather than China versus Islam, the overarching theme of this special issue is “Islam in China/China in Islam.” In thinking through “Islam in China,” we argue that the relationship between China and Islam is not one of opposition, but rather one of cultural, linguistic, and economic imbrication. Indeed, it is difficult to describe Islam and China as two separate or essentialized entities. For some Muslim minorities in certain regions of China, there is no distinction between neo-Confucianism and Islam or between the nation-state and the global umma (community of Muslims. Through intellectual labor, modes of prayer and worship, art, calligraphy, architecture, cuisine, linguistic creoles, and legal pluralism, these Muslims embody multiple cultural referents. For other Muslim minorities in other regions in China, political and economic circumstances present challenges to living in accordance with Islam while also being a citizen of the PRC. In other words, the Muslim experience in China encompasses a complex mosaic of accommodation, adjustment, preservation, and, at times, resistance. Thus, generalizations about this incredibly diverse population are unhelpful, and careful attention must be paid to history, politics, and place...

  8. Konsep Qath’i dan Zhanni dalam Hukum Kewarisan Islam

    Directory of Open Access Journals (Sweden)

    Ratu Haika

    2016-12-01

    Full Text Available The term qath'i (definitive and zhanni (speculative in Usul al-Fiqh is used to explain the sources of Islamic legal texts either the Qur'an or Hadith in two ways, namely al-tsubût (existence or al-wurud (sourced from the truth, and al-dalalah (textual implication. In terms qath'i and zhanni al-tsubut and al-wurud, Islamic jurists agree that the Koran and the hadith mutawatir is definitive, whereas ahad hadith is zhanniy ats-tsubut. They differ in terms of qath'i and zhanni of the al-dalalah (interpretation. Islamic jurists state that if a text of the Koran or Hadith contains only one meaning that is clear and not open up to other possible interpretations, as well as read certain numbers, then the text is regarded as the definitive text of textual implication. The texts relate to inheritance law fall into the category this qath`i al-dalalah. Meanwhile, contemporary Islamic jurists state that the qath'i and zhanni al-dalalah of the texts both the Koran and the hadith cannot be seen from the clarity of meaning of the texts but also on the desired essence of the text which is commonly known as the maqasid al-shari'ah. The maqasid approach must also be coupled with the theory ta'abbudi and ta'aqquli. Based on this, this article argues that the texts related to Islamic inheritance law is categorized zhanni al-dalalah because they concern of human social relations (mu`amalah which are affected by the socio-economic context of the role of men and women in society (ta`aqquli. Consequently, the texts in the field of inheritance law are open to modern interpretations.

  9. Islamization in Malaysia: the constitutional and legal dimensions

    OpenAIRE

    Choo, Kah Sing

    2017-01-01

    This thesis examines the legitimacy of the Islamization of the politics, society and law in Malaysia. The Islamization plan was carried out by the federal government in the early 1980s under the Mahathir administration. The legitimacy of the Islamization plan is measured against the original intent of the Independence Constitution, with particular reference to the position of Islam in the Constitution. Those constitutional provisions which have been claimed to have granted I...

  10. The Legacy of Muhammad Hamidullah in Islamic Economics

    OpenAIRE

    Islahi, Abdul Azim

    2017-01-01

    Dr. Muhammad Hamidullah is famous for his French translation of the Qur'an, and well-known for discovery, editing and bringing in light a number of rare and invaluable hadith manuscripts. He is also rightly acknowledged for his ground-breaking research works on international Islamic law, biography of the Prophet (peace be upon him), Islamic politics and archival heritage of Islam. A less known but significant aspect of his contribution is his pioneering works on Islamic Economics. Spread over...

  11. State Maternity/Parental Leave Laws. Facts on Working Women No. 90-1.

    Science.gov (United States)

    Women's Bureau (DOL), Washington, DC.

    The status of state maternity/parental leave laws throughout the United States is depicted in eight figures and three tables. Information is reported by state for maternity/parental leave laws, months of available leave, maternity/family illness laws, days of leave for family illness, temporary disability insurance laws, temporary disability…

  12. Reviews: New Literature on Law and Political Institutions in Indonesia

    OpenAIRE

    Prasad, Karolina

    2012-01-01

    1) Butt, Simon, and Tim Lindsey (2012): The Constitution of Indonesia: A Contextual Analysis. Oxford: Hart Publishing (Constitutional Systems of the World Series). ISBN-13: 978-1849460187 2) Kimura, Ehito (2012): Political Change and Territoriality in Indonesia: Provincial Proliferation. London: Routledge (Routledge Contemporary Southeast Asia Series). ISBN 9781136301810. 3) Lindsey, Tim (2012): Islam, Law and the State in Southeast Asia: Volume I: Indonesia London: Tauris. (Islam...

  13. "The Islamic State Of Iraq And The Levant" (ISIL In The System Of Threats To The National Security Of Russia

    Directory of Open Access Journals (Sweden)

    Pavel V. Agapov

    2014-09-01

    Full Text Available In the present work authors analyze political, economic, military and many other aspects of the "Islamic State of Iraq and Levant" activity as essential factor of the destabilization in the region of the Middle East. Authors investigate destructive consequences of this terrorist religious group's positions strengthening for the national security of the Russian Federation and border states. Authors note that actions in Syria and Iraq have indirect, but transnational effect, pose threat to the interests of the national security of Russia, especially including one, conducted in Crimea with the use of Islamic radicals for this purpose, who are on the peninsula and territory of the Ukraine. In the present article authors note that every year in the process of the population's psychological fatigue strengthening, new losses among the military personnel and the intelligence services staff and also death of peaceful citizens, their positions will only amplify. "Defeatism" will become a powerful political force. Problem of the international legal aspect of the counteraction to the threat from the actions of foreign fighters-terrorists who are hired or accepted with ISIL, al-Nusra Front and other groups and organizations of the terrorist orientation is connected with the implementation of the UN Security Council Resolution 2178 (2014 made on September 24, 2014. It’s main objective – development of the nonviolent ways of the conflicts prevention and settlement for the purposes of the radicalization to the level generating terrorism risk degree decrease. In the conclusion authors argument that it is especially actual for the Russian regions, which is extremely vulnerable to extremism (North Caucasus, Volga Region.

  14. Chinese Islam: A Complete Concert

    Directory of Open Access Journals (Sweden)

    Zvi Ben-Dor Benite

    2017-06-01

    Full Text Available Matthew S. Erie, China and Islam: The Prophet, the Party, and Law. Cambridge University Press, 2016. 472 pp. $140 (cloth/e-book. Jonathan Lipman, ed., Islamic Thought in China: Sino-Muslim Intellectual Evolution from the 17th to the 20th Century. Edinburgh University Press, 2016. 288 pp. £70 (cloth; e-book. Roberta Tontini, Muslim Sanzijing: Shifts and Continuities in the Definition of Islam in China. Brill, 2016. 238 pp. $125 (cloth. Why study a Chinese “minority” and its history? The task of scholars of Chinese Islam since the 1990s has been twofold: on the one hand, we have wanted to study Islam in China in its Chinese social and cultural context, as opposed to imagining it as a single separate entity, and to show that its history is relevant and meaningful for Chinese history in general. One could almost say that this goal was achieved a while ago. The next task has been to make the study of Chinese Islam and its history meaningful and useful for the greater community of scholars of Islam in general. It seems to me that with the books reviewed here, and with others in the making, we are getting close to reaching this target. In 1910, Marshall Broomhall’s Islam in China declared that Chinese Islam was a “neglected problem.” These books show that it is no longer neglected, and no longer a “problem”; rather, it is an exciting topic. Indeed, a complete, even if not harmonious, concert.

  15. Colonial traces? Islamic dress, gender and the public presence of Islam

    NARCIS (Netherlands)

    Moors, A.

    2011-01-01

    Controversies about Islamic dress have become common-place in Europe since the later 1980s, with state regulations targeting both the Islamic headscarf and later the face-veil. Such present-day attempt to regulate Islamic head coverings resonate with how Muslim women’s dress has been the focus of

  16. Salafism, State Recognition and Local Tension: New Trends in Islamic Education in Lombok

    Directory of Open Access Journals (Sweden)

    Saparudin Saparudin

    2017-06-01

    Full Text Available This paper explores the role of Salafi formal schools in the increasing influence and proliferation of Salafism in Lombok, East Indonesia, alongside the impacts of this process on educational culture and broader social contexts. Despite intense resistance from, and even violence by, traditionalist mainstream groups, the Salafi movement has developed steadily. This paper argues that the growth of Salafism in Lombok is influenced by contextualizing of proliferation strategies by integrating into Indonesian national education system and selecting of the greater Islamic traditions, rather than ideological and financial support from the Middle East, as it has been highlighted in previous studies and literature. By establishing officially certified schools and formal recognitions from the Indonesian government, the Salafi schools have found a way to successfully recruit a new young generation of Muslims in Lombok and beyond.

  17. Islamic Rulings on Warfare

    National Research Council Canada - National Science Library

    Aboul-Enein, Youssef

    2004-01-01

    The United States no doubt will be involved in the Middle East for many decades. To be sure, settling the Israeli-Palestinian dispute or alleviating poverty could help to stem the tides of Islamic radicalism and anti-American sentiment...

  18. Shari’ah concepts in Islamic banking

    Directory of Open Access Journals (Sweden)

    Botis, S.

    2013-12-01

    Full Text Available The paper analyses the main Shari’ah concepts in Islamic banking, a system which operates in accordance with the Islamic law principles, the most important being the prohibition against the payment or acceptance of interest charges (riba, replaced by profit-and-loss-sharing arrangements(PLS, Mudharabah. Also, the paper presents a survey of the historical evolution of the Islamic banking system in Muslim countries, starting with the first Islamic bank, early in the 60’s, Mit Ghamr Local Savings Bank in Egypt. In conclusion, the Islamic banking system is a rapid growth one. It is expected that this presentation will be helpful in increasing the interest in the Islamic principles of banking and financing.

  19. Memperkuat ’Urf dalam Pengembangan Hukum Islam

    Directory of Open Access Journals (Sweden)

    Ach Maimun

    2017-08-01

    Full Text Available Sejauh ini, keberadaan ’urf sebagai sumber hukum Islam tidak menonjol. Padahal `urf memiliki posisi penting untuk pengembangan Islam di Nusantara yang kaya budaya. `Urf dapat menjadi pembendung kolompok yang anti terhadap tradisi lokal. Para ulama sejatinya telah berbicara panjang lebar tentang ’urf sebagai dasar hukum. Para mujtahid dan mufti disyaratkan menguasai tradisi suatu masyarakat dan cermat mempertimbangkannya. Untuk itu diperlukan upaya penguatan ‘urf dalam rangka pengembangan hukum Islam agar dapat tetap berperan di masa depan. Tujuan itu dapat dilakukan dengan beberapa langkah, yaitu memperbaiki cara memahami dan mendudukkan nash sebagai landasan utama hukum Islam, menegaskan posisi fiqih sebagai hasil ijtihad manusiawi yang historis dan kultural, dan melakukan negosiasi antara doktrin Islam dengan tradisi sekaligus menciptakan tradisi baru sebagai wujud penerjemahan doktrin yang bersifat mutlak. (The existence of 'urf as one of sources of Islamic law is not dominant while it has an important position in the context of Islamic development in Indonesia, which is rich of culture and tradition. `Urf can be a barrier against those who are anti-local traditions. Actually, Islamic scholars have discussed a lot about ‘urf as the legal basis in the context of Islamic law. Mujtahid (experts in islamic law and mufti (advisers on religious law are required to be knowledgable of the traditions of a society and carefully consider them.Therefore, it is necessary to strengthen the 'urf for developing Islamic law in order to keep it playing a role in the future. In so doing, it is necessary to take several steps; improving the way to understand and place the texts of the Quran as the main foundation of Islamic law, affirming the position of Islamic jurisprudence as the result of historical and cultural human interpretation and judgement (ijtihad, and negotiating between Islamic doctrine and tradition while creating new traditions as a form

  20. A case series study of the neurophysiological effects of altered states of mind during intense Islamic prayer.

    Science.gov (United States)

    Newberg, Andrew B; Wintering, Nancy A; Yaden, David B; Waldman, Mark R; Reddin, Janet; Alavi, Abass

    2015-12-01

    This paper presents a case series with preliminary data regarding the neurophysiological effects of specific prayer practices associated with the Islamic religion. Such practices, like other prayer practices, are likely associated with several coordinated cognitive activities and a complex pattern of brain physiology. However, there may also be changes specific to the goals of Islamic prayer which has, as its most fundamental concept, the surrendering of one's self to God. To evaluate Islamic prayer practices, we measured changes in cerebral blood flow (CBF) using single photon emission computed tomography (SPECT) in three Islamic individuals while practicing two different types of Islamic prayer. In this case series, intense Islamic prayer practices generally showed decreased CBF in the prefrontal cortex and related frontal lobe structures, and the parietal lobes. However, there were also several regions that differed between the two types of prayer practices including increased CBF in the caudate nucleus, insula, thalamus, and globus pallidus. These patterns also appear distinct from concentrative techniques in which an individual focuses on a particular idea or object. It is hypothesized that the changes in brain activity may be associated with feelings of "surrender" and "connectedness with God" described to be experienced during these intense Islamic prayer practices. Overall, these results suggest that several coordinated cognitive processes occur during intense Islamic prayer. Methodological issues and implications of the results are also discussed. Copyright © 2015 Elsevier Ltd. All rights reserved.

  1. Confederation and federation in the general theory of law and state and in positive law

    Directory of Open Access Journals (Sweden)

    Petrović Milan

    2016-01-01

    the other hand, federal entities (members of a federation do not have such an option, or they may possibly be given such an option (to an extend which is considered relevant by the central (federal government; 2 the internal borders between confederation member states may be changed only by international treaties adopted at an international conference, whereas the internal borders between federal entities may be unilaterally established and changed by the central government; 3 confederation member states, in principle, have the secession right (ius secessionis to withdraw from the confederation, whereas federal entities have no such right. It should be noted that a confederation, as a rule, has a capacity of legal personality in international law, just as its individual members. Yet, the difference between the internal state law and public international law is quite relative. Namely, as noted by Toma Živanović, international law (both private and public is governed by collision norms. While the essence of private international law is conflict resolution involving subjective private rights and obligations arising from the internal law of different states, the essence of public international law is resolution of conflicts between different sovereign states. The basic difference between a confederation and a federation is that each confederation member state is the holder of supreme power (sovereignty, whereas the federal units in a federal state have no such power, given the fact that sovereignty is exclusively vested in the federation (federal state. The supreme power is a de facto matter; it implies the capacity to maintain public order in a specific territory. Relying on the comparative research of different confederations and federations, the author comes to a conclusion that the 'second Yugoslavia' (FPRY was actually a confederation (despite its official title. However, this conclusion raises the question of borders between its former member states, particularly

  2. Leveraging State And Local Law Enforcement Maritime Homeland Security Practices

    Science.gov (United States)

    2016-03-01

    recreation, national defense, and tourism . To understand the maritime homeland security efforts put into place after 9/11 better, a study of the practices...fire service venturing beyond its fire suppression or emergency medical services role and asserted the value of having firefighters better integrated...national defense, and tourism , so too must be the approach to maritime homeland security. This research examined only the role of state and local law

  3. Southern states radiological emergency response laws and regulations

    International Nuclear Information System (INIS)

    1989-07-01

    The purpose of this report is to provide a summary of the emergency response laws and regulations in place in the various states within the southern region for use by legislators, emergency response planners, the general public and all persons concerned about the existing legal framework for emergency response. SSEB expects to periodically update the report as necessary. Radiation protection regulations without emergency response provisions are not included in the summary

  4. Islamic fundamentalism in Indonesia

    OpenAIRE

    Nagy, Sandra L.

    1996-01-01

    This is a study of Islamic fundamentalism in Indonesia. Islamic fundamentalism is defined as the return to the foundations and principles of Islam including all movements based on the desire to create a more Islamic society. After describing the practices and beliefs of Islam, this thesis examines the three aspects of universal Islamic fundamentalism: revivalism, resurgence, and radicalism. It analyzes the role of Islam in Indonesia under Dutch colonial rule, an alien Christian imperialist po...

  5. State Gun Law Environment and Youth Gun Carrying in the United States.

    Science.gov (United States)

    Xuan, Ziming; Hemenway, David

    2015-11-01

    Gun violence and injuries pose a substantial threat to children and youth in the United States. Existing evidence points to the need for interventions and policies for keeping guns out of the hands of children and youth. (1) To examine the association between state gun law environment and youth gun carrying in the United States, and (2) to determine whether adult gun ownership mediates this association. This was a repeated cross-sectional observational study design with 3 years of data on youth gun carrying from US states. The Youth Risk Behavior Survey comprises data of representative samples of students in grades 9 to 12 from biennial years of 2007, 2009, and 2011. We hypothesized that states with more restrictive gun laws have lower rates of youth gun carrying, and this association is mediated by adult gun ownership. State gun law environment as measured by state gun law score. Youth gun carrying was defined as having carried a gun on at least 1 day during the 30 days before the survey. In the fully adjusted model, a 10-point increase in the state gun law score, which represented a more restrictive gun law environment, was associated with a 9% decrease in the odds of youth gun carrying (adjusted odds ratio [AOR], 0.91 [95% CI, 0.86-0.96]). Adult gun ownership mediated the association between state gun law score and youth gun carrying (AOR, 0.94 [ 95% CI, 0.86-1.01], with 29% attenuation of the regression coefficient from -0.09 to -0.07 based on bootstrap resampling). More restrictive overall gun control policies are associated with a reduced likelihood of youth gun carrying. These findings are relevant to gun policy debates about the critical importance of strengthening overall gun law environment to prevent youth gun carrying.

  6. Debate over Islamic Symbolism and Substantialism in the Formulation of Local Regulation in Tasikmalaya Municipality

    Directory of Open Access Journals (Sweden)

    Fitriyani Yuliawati

    2018-01-01

    Full Text Available This study aims to reveal debate over the formulation of local regulation. Particularly, it seeks to know political dynamics at the grassroot level in policy-making. Theoretical assumption mentions that policy-making is not only a process of government technocracy, but it can also a debate over current discourse among citizens. The qualitative study discloses that the political debate over this discourse occurs due to contradictory perspectives on the aspirations of Shari’a law as a part of formal institutions in the state. The first camp argued that Islam should exist in the public as an effort to build an ideal society. Islam must be included as part of the state, at least in local regulation. In contrast, the second camp argued that in building the ideal society, state does not need to include Islam as part of the state in the regulation.

  7. MODERNISME DAN REFORMISME DALAM PEMBINAAN HUKUM ISLAM DAN PRANATA SOSIAL

    Directory of Open Access Journals (Sweden)

    Bahdar

    2013-12-01

    Full Text Available This paper describes the development of modernism and reformism in Islamic law and social institutions. This study is directed to the existence of Islamic law in the midst of social change. Islamic law is eternal is faced with an ever-changing social reality, has attracted serious attention in many scientific experts. It is a debate among scholars orientalis is about environmental adaptability of Islamic law with the social development of society. Society always change with the change of time and place, while sharia law final and eternal nature. In connection with the issue, it is questionable whether Islamic law can be developed and can accommodate the interests of humanity that is always moving forward. Or whether only follow God set eternity.

  8. 27 CFR 31.4 - Relation to State and municipal law.

    Science.gov (United States)

    2010-04-01

    ... business contrary to the laws of such State or in places prohibited by municipal law; nor shall such... municipal law. 31.4 Section 31.4 Alcohol, Tobacco Products and Firearms ALCOHOL AND TOBACCO TAX AND TRADE... State and municipal law. Compliance with the requirements of this part shall not be held to exempt any...

  9. 12 CFR 303.15 - Certain limited liability companies deemed incorporated under State law.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 4 2010-01-01 2010-01-01 false Certain limited liability companies deemed... liability companies deemed incorporated under State law. (a) For purposes of the definition of “State bank... liability company (LLC) under the law of any State is deemed to be “incorporated” under the law of the State...

  10. A State-by-State Analysis of Laws Dealing With Driving Under the Influence of Drugs

    Science.gov (United States)

    2009-12-01

    This study reviewed each State statute regarding drug-impaired driving as of December 2008. There : is a high degree of variability across the States in the ways they approach drug-impaired driving. : Current laws in many States contain provisions ma...

  11. Cultured Meat in Islamic Perspective.

    Science.gov (United States)

    Hamdan, Mohammad Naqib; Post, Mark J; Ramli, Mohd Anuar; Mustafa, Amin Rukaini

    2017-04-29

    Cultured meat is a promising product that is derived through biotechnology that partially circumvents animal physiology, thereby being potentially more sustainable, environmentally friendly and animal friendly than traditional livestock meat. Such a novel technology that can impact many consumers evokes ethical, philosophical and religious discussions. For the Islamic community, the crucial question is whether cultured meat is halal, meaning compliant with Islamic laws. Since the culturing of meat is a new discovery, invention and innovation by scientists that has never been discussed by classical jurists (fuqaha'), an ijtihad by contemporary jurists must look for and provide answers for every technology introduced, whether it comply the requirements of Islamic law or not. So, this article will discuss an Islamic perspective on cultured meat based on the original scripture in the Qur'an and interpretations by authoritative Islamic jurists. The halal status of cultured meat can be resolve through identifying the source cell and culture medium used in culturing the meat. The halal cultured meat can be obtained if the stem cell is extracted from a (Halal) slaughtered animal, and no blood or serum is used in the process. The impact of this innovation will give positive results in the environmental and sustain the livestock industry.

  12. Real Islamic Logic

    NARCIS (Netherlands)

    Bergstra, J.A.

    2011-01-01

    Four options for assigning a meaning to Islamic Logic are surveyed including a new proposal for an option named "Real Islamic Logic" (RIL). That approach to Islamic Logic should serve modern Islamic objectives in a way comparable to the functionality of Islamic Finance. The prospective role of RIL

  13. A Comparative Study of Faculty Members' Career Advancement (Promotion) Systems in the United States and the Islamic Republic of Iran: "Case Analysis of the University of Tehran and Portland State University"

    Science.gov (United States)

    Tanaomi, Mohammad Mehdi; Asaadi, Robert Reza

    2017-01-01

    This article examines the similarities and differences in the systems for faculty career advancement in higher education institutions in the United States and the Islamic Republic of Iran. The analysis focuses on two specific cases: the University of Tehran and Portland State University. Through this paired comparison, we draw out the similarities…

  14. KESADARAN SEJARAH HUKUM PERANG DAN DAMAI SEBAGAI KHASANAH DUNIA ISLAM

    Directory of Open Access Journals (Sweden)

    ANTON MINARDI

    2016-03-01

    Full Text Available As Islamic teachings cope various fields of human life, and the grace of Islam make a positive contribution to the community and have been coloring various world civilizations. West is now advanced and modern cannot be separated from Islamic world in the previous progress. Development of a civilized nation today following the rules in international relations is influenced by the teachings of Islam including the law of war and peace. Many people are not aware of it, so that it is time for us to acknowledge and restate the repertoire of Islamic science view as an intellectual property in the modern civilized world. Keyword: History of Scientific Awareness; the laws of war and peace; the Islamic World ABSTRAK Sebagai ajaran Islam mencakup berbagai lapangan kehidupan manusia, dan sebagai rahmat Islam memberikan kontribusi positif kepada berbagai komunitas dan telah mewarnai peradaban dunia. Barat yang sekarang maju dan modern tidak terlepas dari kemajuan Islam sebelumnya. Pembangunan bangsa yang beradab masa kini berikut kaidah-kaidah dalam hubungan internasional dipengaruhi oleh ajaran-ajaran Islam termasuk di dalamnya adalah hokum perang dan damai. Banyak kalangan yang tidak menyadari akan hal tersebut, untuk itu sudah saatnya kita mengakui dan mengemukakan kembali khasanah ilmu pengetahuan Islam sebagai salah satu kekayaan intelektual dunia yang berperadaban modern. Kata kunci: Kesadaran Sejarah Ilmiah; Hukum Perang dan damai; Dunia Islam

  15. American State Gun Law Strength and State Resident Differences in Neuroticism Levels

    Directory of Open Access Journals (Sweden)

    Stewart J. H. McCann

    2016-04-01

    Full Text Available Relations between state gun law strength and state-aggregated levels of Republican leaning, gun ownership, and resident Big Five neuroticism (based on 619,397 residents nationally were determined in a state-level analysis of the 50 American states using multiple regression strategies with state socioeconomic status, white population percent, and urban population percent statistically controlled. In a standard hierarchical model with state gun law strength as the criterion, the three demographic variables accounted for 44.4% of the variance and the Big Five accounted for another 21.9%. When the Big Five entered stepwise after the demographics, neuroticism was the sole significant personality predictor, accounting for another 13.4% of the variance. Greater state gun law strength was associated with higher state resident neuroticism. Further hierarchical regression analyses showed that state Republican leaning and gun ownership could account separately and jointly for significant variance in state gun law strength but not with state resident neuroticism controlled.

  16. Soil erosion and sediment control laws. A review of state laws and their natural resource data requirements

    Science.gov (United States)

    Klein, S. B.

    1980-01-01

    Twenty states, the District of Columbia, and the Virgin Islands enacted erosion and sediment control legislation during the past decade to provide for the implementation or the strengthening of statewide erosion and sediment control plans for rural and/or urban lands. That legislation and the state programs developed to implement these laws are quoted and reviewed. The natural resource data requirements of each program are also extracted. The legislation includes amendments to conservation district laws, water quality laws, and erosion and sediment control laws. Laws which provides for legislative review of administrative regulations and LANDSAT applications and/or information systems that were involved in implementing or gathering data for a specific soil erosion and sediment control program are summarized as well as principal concerns affecting erosion and sediment control laws.

  17. THE CHRONICLE OF TERRORISM AND ISLAMIC MILITANCY IN INDONESIA

    Directory of Open Access Journals (Sweden)

    zakiyah zakiyah

    2016-05-01

    Full Text Available This paper examines the chronicle of terrorism in Indonesia and the relationship between terrorism and Islamic militancy in this nation. This research focused on bombing cases from 2001 to 2012 Data was gathered through documentary research including primary and secondary resources. This research shows that after the fall of the Suharto regime in 1998, there were bomb attacks on various targets and militant extremists were able to return to Indonesia after long period of exile abroad. They started again their activities including disseminating their radical ideology, building networks and recruiting new members in Indonesia, as well as preparing for militant actions. The perpetrators of these terror attacks were mostly associated with the Islamic radical groups like Jemaah Islamiah and Majlis Mujahidin Indonesia. These two militant groups had a close relationship with Darul Islam, an organization founded during the colonial era that aimed to establish an Islamic state and to apply Syariah as a state law. In addition, both groups became a political window for al-Qaeda in Indonesia. 

  18. MENGGAGAS PENDIDIKAN BERWAWASAN KEWIRAUSAHAAN DI PERGURUAN TINGGI ISLAM: STUDI KASUS FAKULTAS SYARI`AH DAN EKONOMI ISLAM IAIN “SMH” BANTEN 2014-2015

    Directory of Open Access Journals (Sweden)

    NUR HIDAYAH

    2016-03-01

    Full Text Available Abstract. Initiating the Education based on Entrepreneurship in Islamic College: a Study at Syariah and Islamic Economic Faculty IAIN "SMH" Banten 2014-2015. There has been a concern over a high unemployment rate among graduates of Islamic higher education and a low proportion of entrepreneurs in Indonesia. In fact, a high proportion of entrepreneurs is one of indicators of a country’s welfare. This has generated a question: to what extent do Islamic values cultivate entrepreneurial culture among its adherents? How to cultivate entrepreneurial culture in Islamic higher education? This paper will investigate this matter using a case study of Faculty of Islamic Law and Economics at Banten State Institute for Islamic Studies. The paper argues that the curriculum at the faculty of Islamic Law and Economics has not been oriented towards building entrepreneurial culture. The curriculum consists of subjects to enhance the students’ competence and skills to prepare them as bachelors of syari`ah economics for the professions such as manager, lecturer, researcher, syari`ah auditor, etc, instead of preparing them for entrepreneurs who are capable to build his or her own business from the scratch. To propose Islamic entrepreneurship study program at the FSEI of IAIN SMHB, it is important to havea strong political will not only from the internal IAIN but also higher authoritative body such as the Ministry of Religious Affairs to facilitate this from not only the accreditation process but also financial support. A further feasibility study needs to be undertaken to build its infrastructure such as qualified lecturers, appropriate curriculum structure, and recruitment student system. Since this field has a strong link with a ‘real sector’, there has been an urgent need to build cooperations with business sector to enable the students to undertake their apprentice and build their networks to facilitate their ability to develop their own business.

  19. Climate change law and politics in the United States

    International Nuclear Information System (INIS)

    Gerrard, Michael B.

    2014-01-01

    The United States has an extensive system of environmental law. Congress has passed numerous environmental statutes, but no major ones since 1990. While there was a general consensus on the need for environmental regulation during the 1970s and 1980s, it has broken down and the issue has become the subject of bitter partisan division. One consequence is that the U.S. has no comprehensive statute on climate change, and none appears imminent. A sweeping climate change bill passed the House of Representatives in 2009 but died in the Senate in 2010, and the political situation is such that it now appears that it will be at least several years before Congress enacts any serious climate change legislation. Meanwhile, the federal government is utilizing old statutes, especially the Clean Air Act of 1970, to cobble together a regulatory program. States and regional groupings of states, as well as cities, are also playing important roles in formulating climate change strategies.

  20. Climate change law and politics in the United States

    Energy Technology Data Exchange (ETDEWEB)

    Gerrard, Michael B. [Columbia Law School New York, NY (United States). Center for Climate Change Law

    2014-07-01

    The United States has an extensive system of environmental law. Congress has passed numerous environmental statutes, but no major ones since 1990. While there was a general consensus on the need for environmental regulation during the 1970s and 1980s, it has broken down and the issue has become the subject of bitter partisan division. One consequence is that the U.S. has no comprehensive statute on climate change, and none appears imminent. A sweeping climate change bill passed the House of Representatives in 2009 but died in the Senate in 2010, and the political situation is such that it now appears that it will be at least several years before Congress enacts any serious climate change legislation. Meanwhile, the federal government is utilizing old statutes, especially the Clean Air Act of 1970, to cobble together a regulatory program. States and regional groupings of states, as well as cities, are also playing important roles in formulating climate change strategies.

  1. X-ray core states, atomic size and Moseley's law

    International Nuclear Information System (INIS)

    Smith, D.Y.; Karstens, William

    2000-01-01

    Vinti's dipolar sum-rule for the spatial extent of quantum states was tested on atomic K-shell and ns valence states. Agreement between radii derived from absorption spectra and from atomic-structure calculations is excellent, provided Pauli-principle-prohibited transitions are accounted for. These many-electron corrections to the single-electron sum-rule contributed less than 20% to the radii, which supports application of single-electron rules to electron-excess defects as a first approximation. We found the oscillator strength for K-shell excitations decreases rapidly with atomic number because of strength transfer to higher-lying p states. Hence, K-shell contributions to radiation damage decrease with increasing atomic number. A new interpretation of Moseley's law for the X-ray K edge in terms of K-shell radii is described

  2. 20 CFR 601.2 - Approval of State unemployment compensation laws.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Approval of State unemployment compensation... unemployment compensation laws. States may at their option submit their unemployment compensation laws for... Employment and Training Administration (ETA), one copy of the State unemployment compensation law properly...

  3. Islamic Banking in Malaysia: Arbitration Resolution of Financial Disputes and Obstacles to its Spread

    Directory of Open Access Journals (Sweden)

    Elena V. Sitkareva

    2017-01-01

    Full Text Available Purpose: the article examines the main problems associated with the extension of arbitration of domestic and international Islamic financial disputes in Malaysia. These include the specific features of the legal regulation of Malaysia, excluding the resolution of certain categories of cases by way of arbitration, and the lack of legal certainty in the submission of cross-border contracts in the field of Islamic banking to Sharia law.To achieve this goal in the article you must accomplish the following tasks: to determine whether there are institutions in Malaysia providing arbitration services for disputes in the field of Islamic banking; investigate the reasons for the unwillingness of the parties to a financial dispute to transfer it to arbitration; to identify the main problems of transferring a cross-border financial dispute to international arbitration; to study the practice of international arbitration on this issue.Methods: this article is based on an interdisciplinary concept of research, which allowed to distinguish the distinctive features of the legal regulation of the settlement of financial disputes in Malaysia.Results: currently the popularization of arbitration permits for domestic and international financial disputes in Malaysia faces difficulties due to both internal reasons and the traditional approach of Islamic banks to include in contracts the reservation of subordination of the provisions of the contract to the law of England or the United States in conjunction with the reservation clause financial disputes in the courts and arbitration of these states. Nevertheless, one can assume with great confidence that, following the development of Islamic banking, so-called Islamic arbitration will spread in Malaysia.Conclusions and Relevance: the materials outlined in the article show the special role of arbitration in resolving domestic and international disputes in the field of Islamic banking. Practical application of its results

  4. Secular Islam and the Rhetoric of Humanity

    OpenAIRE

    Kharputly, Nadeen Sh B

    2017-01-01

    “Secular Islam and the Rhetoric of Humanity” examines competing notions of humanity in representations of Islam in the United States from the Civil Rights period to the present. In post-9/11 representations, Islam is rhetorically “humanized” by the dominant culture in attempts to determine Islam’s role in the United States. This humanizing framework not only presumes an inherent lack of humanity in Islam; it establishes the ideal of the human as white, rational, and secular. To critique this ...

  5. Pendidikan Islam dalam Sistem Pendidikan Nasional

    Directory of Open Access Journals (Sweden)

    Fathul Jannah

    2013-12-01

    Full Text Available Islamic educationis an integral part of the National Education System. As part of the national educational system, Islamic education gets legitimacy to exist and get a place to live and thrive in Indonesia to meet need of education for Muslims. Accommodation to the Islamic education system and make the system of Islamic education institutions have a strong foundation to be developed with the support of funds and attention from the state. Therefore, the state is obliged to develop Islamic educational system as a kind of religious education in the national education system. In the system of national education, Islamic education as a system of religious education is carried out in different lines of formal, informal and non-formal.

  6. State aid in the Austrian electricity industry law

    International Nuclear Information System (INIS)

    Rehulka, J.

    2009-01-01

    The present work deals with the existence of State aid in the Austrian electricity industry and focuses on three selected areas of the Austrian legal system, which are examined for their compatibility with Community law. Subject of the first part of this work is a representation of the article 87 ff Treaty of Rome and its impact on Austrian provisions on the promotion of electricity from renewable energies or on the promotion of cogeneration energy. In this context, the first principles of the European state aid law and in particular the European Court are presented regarding the existence of State aid. Here, the Rsp of the Court in connection with the use of State resources in the Rs PreussenElektra Stardust Marine and Pearle is paid in connection with para-fiscal levies special attention. The evaluation of the Austrian support model is based on PreussenElektra, Stardust Marine and Pearle. Then the system of green electricity production in Austria represented. In addition to the Community law principles (green power directive, frameworks and guidelines for environmental aid) is here in particular the 'Oekostromgesetz' and treated it's novellas. It is an intensive discussion with the Commission's decisions on the compatibility of the green power and CHP funding and the funding of the countries with state aid rules. As part of this analysis is to attempt a classification of the Commission's practice in the Community legal system. The second part of the work deals with the determination of absorbed. System utilization rates and their distribution to the network operator. After a presentation of the Community legislation (EC regulations, the internal electricity market directives) and Rsp of the European Court of Justice (Case ADBHu, Ferring, Altmark Trans) to services of general economic interest is first attempted to determine the presence of these services in the 216 Austrian legislation. Here, the question will be, entrusted with services of general economic

  7. Islamic Banking in Nigeria: Perception of its Relative Advantage by ...

    African Journals Online (AJOL)

    Islamic Banking in Nigeria: Perception of its Relative Advantage by Consumer Segments in Anambra State. ... perceived relative advantage of Islamic banking concept by those consumer groups in. Awka ... AJOL African Journals Online.

  8. Islam and Science

    Science.gov (United States)

    Salam, Abdus

    The following sections are included: * The Holy Quran and Science * Modem Science, A Greco- Islamic Legacy * The Decline of Sciences in Islam * The Limitations of Science * Faith and Science * The Present Picture of Sciences in the Islamic Countries * Renaissance of Sciences in Islam * Steps Needed for Building up Sciences in the Islamic Countries * Science Education * Science Foundations in Islam * Technology in Our Countries * Concluding Remarks * REFERENCES

  9. SINERGI RAJA ALIM DAN THINK TANK-NYA: KERATON DAN PEMBENTUKAN TRADISI KEILMUAN ISLAM NUSANTARA

    Directory of Open Access Journals (Sweden)

    Dawam Multazami

    2016-12-01

    Full Text Available Abstrak:In general, theories about the arrival of Islam in this country came in the 7th century BC, by various methods and strategies of endeavors. The preacher came and tried to blend with the occupants by using native language and their customs, and then mate with the natives. Finally, they made small community to maintain friendship with the potentate. Palace or castle has an important role as part of forming the Islamic nation tradition. The close Relationship between parsons and potentate drawn in the role of co-operation through educational institutions outside the palace and in palace, the parsons are instructed to write scientific papers and served as state law, palace policies lifting parsons in strategic positions as mufti or qodhi, palace become a place to discuss intellectual matters and so forth. The relationship between palace and the forming of Islamic nation tradition depicted into some areas in this country such: the scientific tradition of Islam in Aceh Darussalam. Its began from meunasah (madrasah in which students learned the Arabic alphabet, read al-Qur'an, prayer procedures, morality, monotheism study, fiqh study, tasawwuf study, the Islamic roles in building a mosque then used as a place of higher education. Collective leadership between sultan and Wali Songo in Demak Bintoro, Sultan Banjar attend to Islamic development through education build by Shaikh Arshad, and the establishment of Shari'ah court Keywords: Raja Alim, Kesultanan Aceh, Musawaratan Wali dan Daeng Ta Kaliya.

  10. FREEDOM OF RELIGION IN THE PRINCIPLES OF THE ISLAMIC NOMOKRASI

    Directory of Open Access Journals (Sweden)

    Putra Astomo

    2015-07-01

    Full Text Available Human thought about the country laws developed in various situations the history of human civilization. Although the concept of State law is regarded as a universal concept and are recognized by civilized nations, but at the level of implementation turns out to have a diverse character and traits. This happens because the influence of the historical situation in addition to the influence of the philosophy of the nation, schools of philosophy and the political ideology of a country. One of the substance of the State of law is the guarantee of the protection of human rights (human rights. Therefore, the context of the freedom of religion cannot be separated from the HAM as it is a human right that belongs to every citizen to embrace a religion according their respective beliefs. By understanding the existence of Nomokrasi Islam as the country's law that put the norms of Islamic law (Sharia in the Organization of the Government of a country, then the right of religious freedom also need to be protected

  11. Social Security Number Protection Laws: State-by-State Summary Table

    Science.gov (United States)

    Data Quality Campaign, 2011

    2011-01-01

    As state policymakers implement statewide longitudinal data systems that collect, store, link and share student-level data, it is critical that they understand applicable privacy and data security standards and laws designed to ensure the privacy, security, and confidentiality of that data. To help state policymakers navigate this complex legal…

  12. Separating Batterers and Guns: A Review and Analysis of Gun Removal Laws in 50 States

    Science.gov (United States)

    Frattaroli, Shannon; Vernick, Jon S.

    2006-01-01

    Firearms play an important role in lethal domestic violence incidents. The authors review state laws regarding two policies to separate batterers from firearms: laws authorizing police to remove firearms when responding to a domestic violence complaint ("police gun removal laws") and laws authorizing courts to order guns removed from batterers…

  13. ISLAM JAWA IN DIASPORA AND QUESTIONS ON LOCALITY

    Directory of Open Access Journals (Sweden)

    Maftukhin Maftukhin

    2016-12-01

    Full Text Available This article examines the translocal Islam Jawa (Javanese Islam that characterises the deterritorialisation of culture through space and time. Contrary to mainstream approaches to Islam Jawa that tends substantially picture Islam and Muslim in Java as a mere “localised form of Islam”, it sees Islam Jawa as a “translocal” practices. In addition, it sees that the idea of Islam Jawa travels, deterritorialises, and reterritorialises in different times and places. Therefore, what is imagined by scholars as “local Islam” is not local in traditional and geographical senses because Islam Jawa is formed, shaped and influenced by the mobility, entanglement, connectivity across oceans, regions, and borders. The Islam Jawa also travels to a different place, transcending the modern limits of nation-states' boundaries. Islam Jawa is a product and a consequence of the efforts to establish between “imagined” spatial and temporal congruence.

  14. PEMISKINAN TERHADAP PELAKU TINDAK PIDANA KORUPSI DALAM PERSPEKTIF HUKUM PIDANA POSITIF DAN HUKUM PIDANA ISLAM

    Directory of Open Access Journals (Sweden)

    Alfitra

    2015-06-01

    Full Text Available Impoverishment of Corruption Crime in the Perspective of Positive Criminal Law and Islamic Law. Dealing with corruption issue is a tough task of any country in achieving good governance. In Indonesia since reformation era began, there was an increase in the number of corruption crime This paper attempts to provide solution pertaining to sanctions to impoverish corruption crime, both in the perspectives of Islamic positive criminal law and Islamic penal law. According to the author, the impoverishment of corruption crime in the sense of sanction that causes the suspect in the state of poverty due to the fact that their property and asset prescribed in the precedent of the decisions of judges who confiscate criminals. In the Islamic perspective, the impoverishment of the corruption crime as punishment is not in line with a form of punishment named ‘uqûbah or impose sanctions for a defendant. Nevertheless, as a form of punishment in the form of fines as ta’zîr, an amount of money demanded by the public prosecutor against a convicted cases of corruption, perceived to be feaseable to be applied.

  15. CONTEMPORARY ISLAMIC THOUGHT IN INDONESIAN AND MALAY WORLD: Islam Liberal, Islam Hadhari, and Islam Progresif

    Directory of Open Access Journals (Sweden)

    Kamaruzzaman Bustamam-Ahmad

    2011-06-01

    Full Text Available Islam in Indonesian and Malay world is very much heterogenuous. Taking Islam Liberal, Islam Hadhari, and Islam Progresif as the subject of analysis, this article deals with the concepts Islam Liberal, Islam Hadhari, and Islam Progresif as products of the trends in Islamic thinking, the impact of these three interpretations of Islam in Malaysia and Indonesia, the similarities and dissimilarities between the three, and their future prospects in the region. It argues that the prominence of the debates surrounding the three currents of Islamic thought is the result of struggles for power and authority in Islamic discourse in the region. It further argues that the Indonesian-based Islam Liberal differs from the Malaysian-based Islam Hadhari in that it does not originate from government sources. Islam Progresif is more of an umbrella term referring to various strands of thought developed by Muslims opposed to the status quo. Although Islam Hadhari is a newly-coined term, it contains many elements in common with other schools of Islamic thought including Islam Liberal and neo-modernist Islam.

  16. Introduktion. Islam & institutioner

    DEFF Research Database (Denmark)

    Jacobsen, Brian Arly

    2008-01-01

    Introduktion til Tidsskrift for Islamforskning temanummer Islam & institutioner Udgivelsesdato: 18-02......Introduktion til Tidsskrift for Islamforskning temanummer Islam & institutioner Udgivelsesdato: 18-02...

  17. MENTAL HEALTH: ISLAMIC PERSPECTIVE

    Directory of Open Access Journals (Sweden)

    Muzdalifah M. Rahman

    2015-02-01

    of mental health, especially mental health needs to be developed with an Islamic perspective various studies and research, especially the development of mental health recovery means Islamic perspective.

  18. The immunity of states and their officials in international criminal law and international human rights law

    NARCIS (Netherlands)

    van Alebeek, R.

    2008-01-01

    * Provides an in-depth analysis of case law such as the Pinochet, Jones, Al-Adsani, the Arrest Warrant, and Taylor cases. * The first comprehensive treatment of the subject for both civil and criminal proceedings The development of international human rights law and international criminal law has

  19. The Development of Murabaha in Indonesian Islamic Banks

    Directory of Open Access Journals (Sweden)

    Ari Kurniawan

    2016-06-01

    Full Text Available Over the last few years, Islamic trading transaction has become more popular in Indonesia. Retail trade in Islamic banks for an example. There are many Islamic banks in Indonesia that provide alternative business transactions and halal product in retail trade to the public based on Islamic law, but Islamic banks must obey not only the origins of Islamic law, such as the Holy Qur’an and the Sunnah but also Islamic principle in terms of the prohibition of uncertainty, interest and gambling when they run their business in retail trade. One of the agreements in retail trade is Murabaha which involves several possible structures, notably direct trading, company (seller purchases via an agent or a third party and murabaha via the customer as an Agent. However, there are several contemporary issues, particularly Murabaha via Shares and executing time of Murabaha that still need to be discussed whether they disobey Islamic law and basic Islamic principles or not. How to Cite: Kurniawan, A., & Shomad, A. (2016. The Development of Murabaha in Indonesian Islamic Banks. Rechtsidee, 3(1, 1-16. doi:http://dx.doi.org/10.21070/jihr.v3i1.153

  20. A Comparative Study of the Principles Governing Criminal Responsibility in the Major Legal Systems of the World (England, United States, Germany, France, Denmark, Russia, China, and Islamic legal tradition)

    DEFF Research Database (Denmark)

    Elewa Badar, Mohamed; Marchuk, Iryna

    2013-01-01

    to demarcate between intentional and negligent conduct. Turning to comparative law as an invaluable tool of legal analysis, the study demonstrates that there are more common characteristics than originally anticipated regarding the concept of crime, as well as the basis of the principle of culpability......The purpose of this survey is to examine the underlying principles of criminal responsibility in selected common law and continental law jurisdictions as well as in the Islamic legal tradition through the lens of comparative law. By conducting a comprehensive legal analysis of the concept of crime...

  1. ISLAM DAN SOSIAL POLITIK DEKADE 1990 –AN (Sebuah Wacana Politik Islam Pasca Orde Baru

    Directory of Open Access Journals (Sweden)

    Ainur Ropik

    2015-12-01

    Full Text Available Political Islam from the beginning independence of Indonesia, 1950 's ( old order until the mid- 1983 era New Order have a situation that according to Islam is very harmful , because Muslims feel marginalized in addition to the majority of Indonesia's population is Muslim Islamic politics it can not grow because of the emphasis that is made by new order all Islamic political movements and activities are supervised and in the limit . After doing some of the terms in the proposed new order government to Islamist parties at the time that the fusion of Islamic political parties Political Islam at the end of late New Order era began to rise and begin accommodated . With accommodation of political Islam into the governance of the New Order era many beneficial changes to the entry of Political Islam Islamic leaders into the government bureaucracy in both the legislative , judicial and other reforms to transform the era of the New Order era and replace . This paper will try to outline the state of the back of political Islam in the era of the New Order and post-New Order political Islam .

  2. 27 CFR 46.94 - Relation to State and municipal law.

    Science.gov (United States)

    2010-04-01

    ... penalty or punishment provided by the laws of any State for carrying on any trade or business within that... a person engaged in business in violation of State law. The stamp is not a Federal permit or license... municipal law. 46.94 Section 46.94 Alcohol, Tobacco Products and Firearms ALCOHOL AND TOBACCO TAX AND TRADE...

  3. Measuring up to the Model: A Ranking of State Public Charter School Laws. Ninth Annual Edition

    Science.gov (United States)

    Ziebarth, Todd; Palmer, Louann Bierlein

    2018-01-01

    This ninth edition of "Measuring up to the Model: A Ranking of State Charter School Laws" presents the latest activity in charter public school legislation across the country. For the second year in a row, the 2018 rankings measure each state's charter school law against the National Alliance's updated model charter school law, "New…

  4. Process of Internationalization in Islamic Banking: The Case of Serbia

    Directory of Open Access Journals (Sweden)

    Aida Hanić

    2017-12-01

    Full Text Available Islamic banks are financial institutions operating in accordance with religious Islamic law (Sharia. Although it is familiar as non interest banking, because the interest is forbidden, Islamic banking represents a complete set of moral and ethical activities that must be taken into account when making investment decisions and financing business activities. Share of Islamic banking in Islamic finance is around 80% with the value of approximately $ 1.57 trillion by the end of 2015 (IFSI Stability Report 2016. Islamic banking in Western Balkan is present only in Bosnia and Herzegovina (B&H that has one Islamic bank, Bosna Bank International (BBI established in 2000. Serbia, as a country that has attracted many Arab investors, doesn’t have any Islamic bank operating in the country. The aim of this research is to explore is there a public interest in Islamic banking, especially among the commercial banks in Serbia and are there possibilities for development of Islamic banking in this country. To explore these two main questions, author conducted a research by using a questionnaire among the chairmen and members of the administrative Board of 12 commercial banks in Serbia. The result of the research show that commercial banks in Serbia are not interested in this type of a banking activity. On the other hand they are also not sufficiently familiar with the concept of Islamic banking. The research showed that process of internationalization of Islamic banking is not present in Serbia.

  5. United States Policy and The Islamic Republic of Iran: A Time For Change

    National Research Council Canada - National Science Library

    Constantine, B

    2000-01-01

    .... This paper provides current information on Iran's government, economy, military, culture, religion, political process, and presents arguments for a change in current United States Policy concerning...

  6. Politik Hukum Berkeadaban Perspektif Filsafat Islam

    Directory of Open Access Journals (Sweden)

    Yogi Prasetyo

    2017-01-01

    Full Text Available This is the result of research that aims to explain the legal and political civilization civilized in Isla philosophical perspective. With literature study method and the philosophical approach of the data collected, verified and analyzed. The results showed that as the core of the Islamic civilization which can affect all aspects of human life and therefore civilization should become a legal political concept in accordance with Islamic values that have alignments to the virtues of the world of human life and the hereafter. Political law as a legal way to achieve legal establishment have made many disalahgunkan for maneuvering behind the legality of the law. The necessity to fix the legal politics only interest-oriented materialistic secular with Islamic philosophy, as with the values of Islam that comes from God as the highest authority over all can be transformed into a real life human being, so that the safety and happiness of the world and the hereafter can achieved.

  7. Urgensi Psikologi Islam Dalam Pendidikan Islam

    Directory of Open Access Journals (Sweden)

    Mubarak Mubarak

    2017-11-01

    Full Text Available This paper examines the urgency of Islamic Psychology in Islamic Education. Education and psychology cannot be separated, both have a very close relationship. Education is a long process to actualize all the potential of human self so that the potential of humanity to be actual. In terms of Islamic education is needed is Islamic Psychology, because humans have the potential of noble, namely fitrah and spirit that is not touchable in general psychology (West. Islamic education should have a psychological foundation that is insightful to Islam, in this case with a guide to the Qur'an and Hadith as its source, so that the end of the goal of Islamic education can be realized and create a plenary human (insan kamil. Islamic education psychology devotes attention to the behavior or behavior of those who engage in learning and teaching activities or those directly involved in the learning process. Islamic education psychology has two objects, namely: First, learners, ie individuals (individuals who are learning, including approaches, strategies, influencing factors and achievements achieved. Secondly, teachers (educators, those who are obliged or undertake teaching responsibilities, including methods, models, strategies, and others related to the activity of presenting Islamic education. Islamic education based on Islamic Psychology will produce human beings who have a potential base that is a qualified potential of physical, spiritual, and fitrah or better known as jismiah, nafsiah and ruhaniah.

  8. Assisted reproductive technology: Islamic Sunni perspective.

    Science.gov (United States)

    Chamsi-Pasha, Hassan; Albar, Mohammed Ali

    2015-06-01

    Islam acknowledges that infertility is a significant hardship. Attempts to cure infertility are not only permissible, but also encouraged in Islam. Over the last three decades, a multitude of advances in assisted reproductive technologies (ARTs) have appeared. This review was carried out to inform readers, who are not familiar with Islamic doctrine, about the Sunni perspective on this topic. Systematic review of the literature. A series of searches was conducted of Medline databases published in English between January 1978 and December 2013 with the following assisted reproduction, infertility, gender selection, ethics, bioethics, and Islam. In Islamic Sunni law, all ARTs are allowed, provided that the source of the sperm, ovum, and uterus comes from a legally married couple during the span of their marriage. All forms of surrogacy are forbidden. A third-party donor is not allowed, whether he or she is providing sperm, eggs, embryos, or a uterus. Frozen preimplantation may be transferred to the wife in a successive cycle provided the marital bondage is not absolved by death or divorce. Gender selection for medical reasons is permitted. It is allowed for limited social reasons by some jurists, provided it does not involve discrimination against either sex. ART is acceptable and commendable in Islamic Sunni law provided it is practiced within the husband and wife dyad during the span of their marital contract. No third party should intrude upon the marital function of procreation. Surrogacy is not accepted by Sunni Islamic authorities.

  9. Islam and Democracy: Conflicts and Congruence

    Directory of Open Access Journals (Sweden)

    Md Nazrul Islam

    2017-05-01

    Full Text Available Is authoritarianism intrinsic to Islam? Is Islam incompatible with democracy? These questions are frequently debated in the context of the study of the relationship between the Western and Islamic civilization. The debate has gained momentum since the last decade of the twentieth century, especially after the collapse of the former Soviet Union and the subsequent transition of socialist states in Eastern Europe and other authoritarian states in Asia and Latin America to democracy. The publication of The Clash of Civilizations by American scholar Samuel Huntington, in which he presented a controversial argument about a cultural divide and clash between the Islamic world and the West, pushed the debate even further. Apart from Muslim intellectuals, Western academics have spent a significant amount of time on these questions, with a multitude of articles and volumes examining the compatibility of Islam and democracy. In this paper, we will examine Islam’s relationship with democracy from normative and philosophical viewpoints, examining how the established values and principles of Islam as reflected in the Qur’anic and prophetic traditions correspond to Western democratic norms and practices. In order to obtain a profound understanding of this subject, we have delved into, through content analysis, the thoughts of several early modernist Islamic scholars who have had tremendous impact on contemporary Islamic revivalist movements throughout the world, and interviewed a number of contemporary Islamic thinkers in Bangladesh.

  10. The Notice on the Notion of State Aid and Public Procurement Law

    DEFF Research Database (Denmark)

    Ølykke, Grith Skovgaard

    2016-01-01

    uncertainty. Then the elaborations made in the Notice on the notion of aid concerning the relation between the two areas of law are analysed and discussed, in particular, first, the question whether adhering to the procurement procedures laid down in the public procurement directives will eliminate the risk......The Commission Notice on the notion of State aid includes elaboration on the relationship between State aid law and public procurement law. To begin with, the article examines some of the reasons why the relationship between State aid law and public procurement law is surrounded by legal...... of granting State aid and, second, the issues rising from State aid control of in-house situations. It is concluded that even though the Notice on the notion of aid brings some needed clarity that fosters coherence between State aid law and public procurement law, the existing legal uncertainty is not even...

  11. State-level gonorrhea rates and expedited partner therapy laws: insights from time series analyses.

    Science.gov (United States)

    Owusu-Edusei, K; Cramer, R; Chesson, H W; Gift, T L; Leichliter, J S

    2017-06-01

    In this study, we examined state-level monthly gonorrhea morbidity and assessed the potential impact of existing expedited partner therapy (EPT) laws in relation to the time that the laws were enacted. Longitudinal study. We obtained state-level monthly gonorrhea morbidity (number of cases/100,000 for males, females and total) from the national surveillance data. We used visual examination (of morbidity trends) and an autoregressive time series model in a panel format with intervention (interrupted time series) analysis to assess the impact of state EPT laws based on the months in which the laws were enacted. For over 84% of the states with EPT laws, the monthly morbidity trends did not show any noticeable decreases on or after the laws were enacted. Although we found statistically significant decreases in gonorrhea morbidity within four of the states with EPT laws (Alaska, Illinois, Minnesota, and Vermont), there were no significant decreases when the decreases in the four states were compared contemporaneously with the decreases in states that do not have the laws. We found no impact (decrease in gonorrhea morbidity) attributable exclusively to the EPT law(s). However, these results do not imply that the EPT laws themselves were not effective (or failed to reduce gonorrhea morbidity), because the effectiveness of the EPT law is dependent on necessary intermediate events/outcomes, including sexually transmitted infection service providers' awareness and practice, as well as acceptance by patients and their partners. Published by Elsevier Ltd.

  12. Gender Analysis On Islamic Texts: A Study On Its Accuracy

    Directory of Open Access Journals (Sweden)

    Muchammad Ichsan

    2014-06-01

    Full Text Available Gender equality movement is spreading all over the world, including in Indonesia where Muslim gender activists have made hard efforts to ensure gender fairness and equality among people. One of their efforts is emphasizing the urgency of reinterpreting Islamic texts. They insist on the reinterpretation of Islamic texts based on gender perspective and analysis due to the existence of many Islamic texts that trespass the principles of gender equality and fairness they have been fighting for. This paper aims at assuring and examining the accuracy of using gender perspective as a tool for analyzing the Islamic text. It is found that using gender perspective and analysis for reinterpreting Islamic texts is not in line with the Islamic principles and will only produce laws and points of views which deviate from Islamic teachings. To reach the goals of this study, a descriptive-analytical approach is employed.

  13. A comprehensive review of state laws governing Internet and other delivery sales of cigarettes in the United States.

    Science.gov (United States)

    Chriqui, Jamie F; Ribisl, Kurt M; Wallace, Raedell M; Williams, Rebecca S; O'Connor, Jean C; el Arculli, Regina

    2008-02-01

    All U.S. states regulate face-to-face tobacco sales at retail outlets. However, the recent growth of delivery sales of tobacco products by Internet and mail-order vendors has prompted new state regulations focused on preventing youth access and tax evasion. To date, there are no comprehensive and systematic analyses of these laws. The objectives of this study were to: (a) document the historical enactment of the laws; (b) assess the nature and extent of the laws; and (c) examine the relationship between the presence of laws and state tobacco control policy and other contextual variables. Between 1992 and 2006, 34 states (67%) enacted a relevant law, with 27 states' laws (45%) effective between 2003 and 2006. Five states banned direct-to-consumer shipment of cigarettes. The remaining 29 states' laws included a combination of requirements addressing minimum age/ID, payment issues, shipping, vendor licensure and related issues, tax collection/remittance, and penalties/enforcement. States with delivery sales laws have stronger youth tobacco access policies and state tobacco control environments, as well as higher state cigarette excise tax rates and revenue, past-month cigarette use rates, and perceptions of risk of use by adolescents. This paper provides the policy context for understanding Internet and other cigarette delivery sales laws in the U.S. It also provides a systematic framework for ongoing policy surveillance and will contribute to future analyses of the impact of these laws on successfully reducing youth access to cigarettes and preventing tax evasion.

  14. States Under Siege: Rising Terrorism and the Ascent of Political Islam

    Science.gov (United States)

    Hoodbhoy, Pervez

    2014-07-01

    Religious extremists are challenging the authority of several Muslim states and the legitimacy of their governments through the use of terror. As state authority crumbles, victorious extremists could create new centers of international terrorism with wide-ranging consequences. To combat the threat effectively, it is necessary to understand both the ideology of extremism and the forces that propel it. And also, to situate them in a historical context...

  15. State contraceptive coverage laws: creative responses to questions of "conscience".

    Science.gov (United States)

    Dailard, C

    1999-08-01

    The Federal Employees Health Benefits Program (FEHBP) guaranteed contraceptive coverage for employees of the federal government. However, opponents of the FEHBP contraceptive coverage questioned the viability of the conscience clause. Supporters of the contraceptive coverage pressed for the narrowest exemption, one that only permit religious plans that clearly states religious objection to contraception. There are six of the nine states that have enacted contraceptive coverage laws aimed at the private sector. The statutes included a provision of conscience clause. The private sector disagrees to the plan since almost all of the employees¿ work for employers who only offer one plan. The scope of exemption for employers was an issue in five states that have enacted the contraceptive coverage. In Hawaii and California, it was exemplified that if employers are exempted from the contraceptive coverage based on religious grounds, an employee will be entitled to purchase coverage directly from the plan. There are still questions on how an insurer, who objects based on religious grounds to a plan with contraceptive coverage, can function in a marketplace where such coverage is provided by most private sector employers.

  16. 12 CFR 34.4 - Applicability of state law.

    Science.gov (United States)

    2010-01-01

    ... laws that obstruct, impair, or condition a national bank's ability to fully exercise its Federally... exercise of national banks' real estate lending powers: (1) Contracts; (2) Torts; (3) Criminal law; 2 2 But... and transfer of real property; (7) Taxation; (8) Zoning; and (9) Any other law the effect of which the...

  17. Islamic Mobility

    DEFF Research Database (Denmark)

    Fischer, Johan

    2016-01-01

    In a modern and respectable middle-class suburb outside Kuala Lumpur, the overtness of cars evokes intense speculation about the nature of the make-up of covert middle-class homes and the formation of Malay Muslim identities more generally. I argue that the more ‘Islamic’ cultures of consumption...... divergent forms of car consumption. Discussing ethnographic material from fieldwork among Malay middle-class families, I show how car consumption generates not only distinctions, practices and moral symbolic boundaries but also ideas about Islam, nation and excess....

  18. Report on state liability for radioactive materials transportation incidents: A survey of laws

    International Nuclear Information System (INIS)

    1989-10-01

    The purpose of this report is to provide a synopsis of the liability laws of the Southern States Energy Board's (SSEB's) 16 member states. It begins by briefly reviewing potential sources of liability, immunity from liability, waiver of immunity, and statutes of limitation, followed by liability laws of member states. The report was prepared by reviewing legal literature pertaining to governmental liability, with particular emphasis on nuclear waste transportation, including law review articles, legal treatises, technical reports, state statutes and regulations

  19. Using the laws and the regularities of public administration in the state strategic planning

    Directory of Open Access Journals (Sweden)

    O. L. Yevmieshkina

    2016-03-01

    Full Text Available The article researches the use of laws of public administration in the state strategic planning; defined a methodological basis of state strategic planning. State strategic planning as a function of public administration exists in accordance with its laws and regularities. Author established the use of public administration laws as: unity socio-economic system, required diversity, system integrity, unity techniques and basic functions of social management at all levels of public administration: central, sectorial, regional. At the public administration level this laws as a rule us in working and realization of state strategy, state, region and sectorial program, which directed to improve of political, economic and social process. State strategic planning as a function of public administration exists in accordance with its laws. The law in our research is considered as objective, substantive, necessary, sustainable relationship between events. The most essential feature of law is reflecting the objective state of affairs, objective relations between things, items and phenomenon’s. The other difficult sign of law is necessity as relation, which inevitably revealed in the development process of different things. Law category with regularity category is relation. Regularity is wider category then the law. The state strategic planning is an integrated, systematic process due to the action and use laws and regularities of public administration. That improves the efficiency of public administration.

  20. Growing geometric reasoning in solving problems of analytical geometry through the mathematical communication problems to state Islamic university students

    Science.gov (United States)

    Mujiasih; Waluya, S. B.; Kartono; Mariani

    2018-03-01

    Skills in working on the geometry problems great needs of the competence of Geometric Reasoning. As a teacher candidate, State Islamic University (UIN) students need to have the competence of this Geometric Reasoning. When the geometric reasoning in solving of geometry problems has grown well, it is expected the students are able to write their ideas to be communicative for the reader. The ability of a student's mathematical communication is supposed to be used as a marker of the growth of their Geometric Reasoning. Thus, the search for the growth of geometric reasoning in solving of analytic geometry problems will be characterized by the growth of mathematical communication abilities whose work is complete, correct and sequential, especially in writing. Preceded with qualitative research, this article was the result of a study that explores the problem: Was the search for the growth of geometric reasoning in solving analytic geometry problems could be characterized by the growth of mathematical communication abilities? The main activities in this research were done through a series of activities: (1) Lecturer trains the students to work on analytic geometry problems that were not routine and algorithmic process but many problems that the process requires high reasoning and divergent/open ended. (2) Students were asked to do the problems independently, in detail, complete, order, and correct. (3) Student answers were then corrected each its stage. (4) Then taken 6 students as the subject of this research. (5) Research subjects were interviewed and researchers conducted triangulation. The results of this research, (1) Mathematics Education student of UIN Semarang, had adequate the mathematical communication ability, (2) the ability of this mathematical communication, could be a marker of the geometric reasoning in solving of problems, and (3) the geometric reasoning of UIN students had grown in a category that tends to be good.

  1. Islamic Business Ethics and Islamic Microfinance in Pesantren Gontor

    Directory of Open Access Journals (Sweden)

    Ahmad Lukman Nugraha

    2017-04-01

    Full Text Available Islam affirms that there stand for mutual affect in business processes, until the business practice as a work field recommended to the adherents; while discussing ethics of business activity poped out to minimize cheating and fraud activities. However, Islamic business ethics felt difficult to apply in practice, especially in the business of buying and selling. Modern Islamic Boarding School “Darussalam” Gontor is one of the self-financing and self-help islamic boarding schools in the economic supported by cooperatives in pesantren (koppontren. This paper aims to comprehensively understand the application of Islamic business ethics and focus on the entrepreneurs in business sectors Gontor La-Tansa’s cooperatives. This research had systematically employed mix method research with sequential explanatory design and case study. Gathering data through using questionnaires, interviews, observation and documentation has been performing analysis through data reduction, data display, and data verification. This paper argues that Gontor La-Tansa’s cooperatives sector can run the business activities with implementing business ethics according to the Qur’an and Sunna values. Appear from the height comprehension of the business to the axiom business ethics and the height application in business activities in each business sector. In addition, the role of kiai and business unit supervisor is high. Data displays a level of the height direction (80 percent and control on the application of business ethics (72 percent. The Islamic business ethics can be applied on firm’s and government’s law with height comprehension and controlling.

  2. Pillarization and Islam: Church-state traditions and Muslim claims for recognition in the Netherlands

    NARCIS (Netherlands)

    Maussen, M.

    2012-01-01

    Public policy responses to Muslim immigration in the Netherlands are often presented as crucially shaped by ‘pillarization’. This article takes issue with this perception by challenging two related assumptions. On the one hand, that the Dutch church-state model is essentially about pillarization

  3. Men Who have Sex with Men Who Believe that Their State has a HIV Criminal Law Report Higher Condomless Anal Sex than Those Who are Unsure of the Law in Their State.

    Science.gov (United States)

    Horvath, Keith J; Meyer, Craig; Rosser, B R Simon

    2017-01-01

    We assessed the effects of beliefs about state HIV criminal law on condomless anal sex (CAS law(s) or where a HIV-related arrest, prosecution, or sentence enhancement (APSE) had occurred. Three-quarters of MSM reported that they were unsure of the law in their state. Men who believed there was a HIV law in their state but lived in states without any or a sex-specific HIV criminal law(s) had higher probabilities of CAS compared to those who were unsure of their state's law; men who believed there was a HIV law in their state and lived in a state where an APSE had occurred had higher probabilities of CAS compared to those who were unsure of their state's law. Correct knowledge of state law was not associated with CAS. Findings suggest that HIV criminal laws have little or counter-productive effects on MSM's risk behavior.

  4. Statutory Requirements of Teacher Contract Laws: A Comparison of the 50 States' Continuing Contract and Teacher Tenure Laws.

    Science.gov (United States)

    Gorkom, Kris Van

    This publication summarizes and compares legal provisions covering teacher tenure and contracts for each of the 50 states. The report is organized in three sections. Section 1 presents a summary comparison of the provisions of Washington's teacher contract law with corresponding statutory requirements of the other 49 states. Section 2 identifies…

  5. The independent Baltic states: Maritime law and resource management implications

    International Nuclear Information System (INIS)

    Canfield, J.L.

    1993-01-01

    The achievement of independence by the Baltic states impacts nearly all aspects of the maritime law and resource management regimes appertaining to the Baltic Sea. The unique position of these states, given their maritime history and role as a bridge between East and West, warrants reconsideration. The Baltic Sea basin is among the most highly industrialized shorelines in the world, accounting for approximately 15% of world industrial output, and is relatively dense in population. Large quantities of pollutants water its waters by way of industrial, agricultural, and municipal waste. A lack of adequate sewage treatment accounts for much of the waste. The Baltic is also especially sensitive to oil pollution as the relatively cold water inhibits bacteriological breakdown. Important issues of maritime border delimitation, treaty devolution, and the potential for reinstitution of exclusionary regimes reappeared with the attainment of independence. Further, the legacy of Soviet maritime environment and resource management has engendered fundamental political, social, and economic conflicts for which resources and effective management structures are lacking. The competing requirements of economic development, reintegration into Western markets, and management of critical marine resources highlights the need for comprehensive and regionally focused approaches to the problems identified

  6. Soft law in EU Competition Law and its judicial reception in member states : A theoretical perspective

    NARCIS (Netherlands)

    Georgieva, Z.R.

    2015-01-01

    This work draws from accounts on the nature and legal effects of soft law instruments in EU and international law with the ultimate aim to construct a theoretical framework for recognition of EU competition soft law—guidelines, communications, notices, and the like—in the judicial discourse of

  7. The Grand Strategy of the Islamic State: What Can the Coalition Do About It

    Science.gov (United States)

    2016-02-10

    the Yazidis into slavery (allowed by their strict and narrow interpretation of the Koran and the Hadith20), holds hostages for ransom, and assumes...borders of Iraq and Syria. In this regard, the more aggressive diplomacy should start with Saudi Arabia and Iran since they are waging proxy wars in...Affairs, Subcommittee on the Middle East and North Africa , United States House of Representatives, April 30, 2015 Kepel, Giles. Jihad: The Trail

  8. The Caliphates Global Workforce: An Inside Look at the Islamic States Foreign Fighter Paper Trail

    Science.gov (United States)

    2016-04-01

    this older group had fought in Mali. Just outside this group is an Egyptian born in 1960 who stated that he had participated in the anti-Soviet jihad in...A supervisor of a computer division at an Egyptian chemical company, and; • One ambitious individual who listed all the following areas of... architecture for an accessible and editable per- sonnel database, but based on the information in this cache, it does not appear that their vision was ever

  9. A Systematic Evaluation of State Laws Governing Optometric Glaucoma Management in the United States Upto 2015.

    Science.gov (United States)

    Chodnicki, Kevin; Kalarn, Sachin; Quinn, Laura; Jampel, Henry; Saeedi, Osamah

    2018-03-01

    To describe state laws that govern the optometric practice of glaucoma management in the United States and to correlate those laws with state demographics upto 2015. We performed a cross-sectional ecological study of the 50 United States and the District of Columbia. Regulations governing optometric scope of practice as written by each state Board of Optometry were reviewed. Specific optometric privileges assessed included: ability to manage glaucoma independently, use of diagnostic pharmaceutical agents, use of therapeutic pharmaceutical agents (including topical and oral steroids and other oral pharmaceutical agents), IV injections, intraocular injections, therapeutic lasers, presence of defined referral, and comanagement guidelines, and hours of yearly continuing education needed for glaucoma management. Optometric privilege was compared with demographic and employment information for each state. Optometrists in all states, except for Massachusetts, and the District of Columbia are allowed to manage glaucoma; 16 states have defined comanagement guidelines. Therapeutic lasers are allowed in 3 states: Kentucky, Louisiana, and Oklahoma. States with defined comanagement guidelines had a mean of 6.9±1.9 ophthalmologists per 100,000 people, significantly more than the 5.3±1.1 in states without defined comanagement of glaucoma (Pstate, the less likely there is to be defined comanagement [β (SE)=-0.008 (0.003), P=0.02] and the greater the number of ophthalmologists in a given state, the more likely a state has defined comanagement [β (SE)=-0.13 (0.006)]. There is a diversity of regulations that govern optometric management of glaucoma in each of the 50 states and the District of Columbia. The number of optometrists and ophthalmologists in a state may influence state regulations governing optometric practice and referral guidelines.

  10. Tiga Jalan Islam Politik di Indonesia: Reformasi, Refolusi dan Revolusi

    Directory of Open Access Journals (Sweden)

    Mohammad Iqbal Ahnaf

    2016-07-01

    Full Text Available Indonesia is often deemed unfavorable for political Islamic movements. This is prominently indicated by the fact that electoral achievement of parties with Islamic background has been historically lower than those of parties without stated association with Islamic groups. This is seen as a confirmation of the norm that Indonesian Islam is inherently moderate. This paper challenges such an argument because the up and down of political Islamc should not be primarily seen from thir electoral gains.  This paper shows that political Islam in Indonesia is persistent and will continue posing a challenge to the dominant role of moderate Islam. Using different paths Islamist groups are competing for establishing ground in societies. This paper categorizes the paths chosen by political Islam in Indonesia into three models called reformist, ‘refolutionist,’ and ‘staged revolutionary.’ Islamic groups are categorized in the paper based on their political objectives and strategies. 

  11. HUBUNGAN ISLAM DAN NEGARA: Merespons Wacana Politik Islam Kontemporer di Indonesia

    Directory of Open Access Journals (Sweden)

    Hamsah Hasan

    2015-04-01

    Full Text Available This article aims to discuss the issues of the relationship between Islam and state in the Islamic political perspective in Indonesia. This study was motivated by the desire to criticize the development and “up and down” relationship between Islam and state that is very dynamic coloring political situation in “Islamic majority country” Indonesia. This article concluded that understanding the relationship between religion and state with Islamic political approach is not meant to establish a religious state or an Islamic state of Indonesia, but more on filling spaces are functionally religion in order society, nation and state. The relationship between Islam and state can be integrated in a functional relationship equally aspire to nobility. Even integralistic, symbiotic, and secularistic relations, each should be viewed as a form of complementary. Facing the development of modernization, the relationship between Islam and state should be articulated as an effort to always adapt to the development of society in its various aspects, such as: the globalization of the world political economy, science and technology, the development issues of democracy, gender, human rights, pluralism, both nationally and internationally.

  12. Terror, Territory and Statehood from Al Qaeda to the Islamic State

    DEFF Research Database (Denmark)

    Castan Pinos, Jaume

    2018-01-01

    -bounded.” Therefore, this implies not only that the state is losing relevance but also that the territorial dimension is bound to vanish from the picture. Different metaphors, such as spider web, franchise and social movement (Neumann 2009: 39), have been employed to describe this “global network.” All those images...... their structures and actions,” making them more decentralized and de-territorialized. In practical terms, this means that Al Qaeda employs a franchise model where training, resources and attacks occur throughout the world (Medina and Hepner 2013). From an ideological point of view, the de...

  13. Beating the Islamic State: Selecting a New Strategy for Iraq and Syria

    Science.gov (United States)

    2017-01-01

    explains what he thinks will happen after IS is defeated on the battlefield: If there is no solution to the political problems, they will just go...back and become Al Qaeda, or Ansar al-Sunna or Naqshabandi [other terror groups] . . . . I don’t think it is going to end. There has to be political...2016, the PYD is reportedly hedging its bets between the United States and Russia: It is receiving strong U.S. support to fight ISIS. But it is not

  14. The Education of Law Librarians in the United States from the Library School Perspective

    Science.gov (United States)

    Jaeger, Paul T.; Gorham, Ursula

    2017-01-01

    In the United States, the occupation of law librarianship has existed longer than the American Library Association, and law librarians have their own professional organization that is now more than 100 years old. Throughout this history, however, the related issues of degree requirements and education standards for law librarians have been…

  15. Pandangan Ulama tentang Kepemimpinan dalam Negara Islam

    Directory of Open Access Journals (Sweden)

    Arsyad Sobby Kesuma

    2014-01-01

    Full Text Available The idea of Islamic state and leadership has long been a subject of debate. But it remains intriguing to ask once and again what does Islamic state mean and what is its real and true nature? What does leadership mean and does Islam really need politics? This paper is designed mainly to answer these important questions. It will trace the ideal form of politics in Islam by investigating the formulas promulgated by the ulama over centuries. Two notions will be the focus of this investigation. First is the notion of how a leader should be elected, and second is the problem of what are the conditions of the leader. These two interrelated problems are at the centre of the idea of leadership in Islam. We argue that by understanding them one would necessarily be able to grasp the “Islamic” formula of statehood and politics.

  16. Non-state actors in control of territory as 'actors of protection' in international refugee law

    NARCIS (Netherlands)

    Karavias, M.

    2015-01-01

    This article examines the concept of non-state ‘actors of protection’ in international refugee law. This concept breaks with traditional State-centric readings of international law, as it connotes that a non-state actor may offer ‘protection’ against persecution, comparable to that normally offered

  17. 49 CFR 24.208 - Aliens not lawfully present in the United States.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 1 2010-10-01 2010-10-01 false Aliens not lawfully present in the United States... Requirements § 24.208 Aliens not lawfully present in the United States. (a) Each person seeking relocation... of an individual, that he or she is either a citizen or national of the United States, or an alien...

  18. State-level school competitive food and beverage laws are associated with children's weight status.

    Science.gov (United States)

    Hennessy, Erin; Oh, April; Agurs-Collins, Tanya; Chriqui, Jamie F; Mâsse, Louise C; Moser, Richard P; Perna, Frank

    2014-09-01

    This study attempted to determine whether state laws regulating low nutrient, high energy-dense foods and beverages sold outside of the reimbursable school meals program (referred to as "competitive foods") are associated with children's weight status. We use the Classification of Laws Associated with School Students (CLASS) database of state codified law(s) relevant to school nutrition. States were classified as having strong, weak, or no competitive food laws in 2005 based on strength and comprehensiveness. Parent-reported height and weight along with demographic, behavioral, family, and household characteristics were obtained from the 2007 National Survey of Children's Health. Bivariate and logistic regression analyses estimated the association between states' competitive food laws and children's overweight and obesity status (body mass index [BMI]-for-age ≥85th percentile). Children (N = 16,271) between the ages of 11-14 years with a BMI for age ≥5th percentile who attended public school were included. Children living in states with weak competitive food laws for middle schools had over a 20% higher odds of being overweight or obese than children living in states with either no or strong school competitive food laws. State-level school competitive food and beverage laws merit attention with efforts to address the childhood obesity epidemic. Attention to the specificity and requirements of these laws should also be considered. Published 2014. This article is a U.S. Government work and is in the public domain in the USA.

  19. ISLAMIC PERSPECTIVE ON MARITAL RAPE

    Directory of Open Access Journals (Sweden)

    Muhammad Endriyo Susila

    2015-06-01

    Full Text Available Marital rape has become a controversial issue in many countries including Indonesia. For the majority of the Indonesian people, it is impossible for rape to take place inside the marriage institution, however some other peoples believe that it possibly occurs. Since it is considered as a kind of rape anyway, those who agree with that concept, insist on the government of Indonesia to qualify marital rape as an offence. This is sounded usually by the human rights activists, especially the feminists. This research is aimed to elaborate the legal position of what so-call marital rape in Islam. As a country whose population is majority Muslim, it can be understood that the development of the Indonesian law is influenced by the Islamic values. This research provide an important reference to deal with the issue of the criminalization of marital rape in Indonesia.Since the research focuses more on the study of legal materials from various sources, it is qualified as a normative legal research. To support the collection of data, interview upon the competent legal experts has also been exercised. The standard of qualification of the legal experts involving in the interview are those who are interested in Islamic Law, especially Islamic Family law as well as Islamic Criminal Law.    Based on the research finding, it is found that the type of the relationship between husband and wife as suggested in Islamic teaching naturaly prevents the what so-call marital rape to occur. It is difficult to imagine the existence of marital rape inside the Muslim familes, since the husband is bound with the obligation to treat her wife well (mu’asyarah bil ma’ruf. In sexual matter, the doctrine of mu’asyarah bil ma’ruf can be applied by respecting the need and the willingness of the wife in sexual matter. Meaning to say, the husband is obliged to fulfill his wife sexual desire in one side, and in the other side he is not allowed to force her wife for sex when she

  20. California's privacy pileup. New state laws meet even newer federal regulations.

    Science.gov (United States)

    Dimick, Chris

    2009-08-01

    In California, teasing apart state and federal breach notification laws highlights the challenges organizations everywhere face in determining their responsibilities under ARRA's new privacy regulations.

  1. Intertransitions between Islam and Eastern Orthodoxy in Kazakhstan (Nineteenth-Early Twentieth Centuries)

    Science.gov (United States)

    Sadvokasova, Zakish T.; Orazbayeva, Altynay I.

    2016-01-01

    The purpose of this paper is to review the historical facts related to conversion of indigenous people of the Kazakh steppe from Islam to Christianity and the conversion of the Russian migrants from Orthodoxy to Islam in Kazakhstan in the nineteenth-early twentieth century. The study deals with the laws that were detrimental to Islam and reforms…

  2. The law of corresponding states and surface tension of metals

    International Nuclear Information System (INIS)

    Digilov, R.

    2001-01-01

    Full Text: Surface tension of liquid metals is one of fundamental and most important quantities in theory and practice of material processing and its temperature dependence leads to the well-known Marangoni convection. Although currently methods are sufficiently precise to measure the surface tension, there are uncertainties in experimental data and its temperature dependence mainly due to impurity, which even a trace of it strongly affects the results of measurements. The theoretical treatment from the first principles is unwieldy and not always permits one to calculate the surface tension with certainty. Another active research field deals with empirical correlation between the surface tension and bulk thermodynamic properties, which we interpret as a simple consequence of the law of corresponding states. In order to relate the surface tension and to bulk properties of liquid metals the reduced formula is derived by scaling with the melting point T m (0) at p = 0 and atomic volume Ω 0 2/3 at T = 0 K as macroscopic parameters for scaling ε and a characterizing the interatomic potential in metals. The reduced surface tension and the reduced surface entropy obtained in high temperature limit are discussed and compared with the experiment. The reduced temperature coefficient of the surface tension found is a universal constant for the metals of the same structure. It is shown that pressure dependence of the surface tension, so called baric coefficient of the surface tension, can be described by pressure dependence of scaling parameters T m (p) and Ω 0 (p). (author)

  3. Blasphemy in a secular state: some reflections | Fikre | Mizan Law ...

    African Journals Online (AJOL)

    However, the shift observed within the international human rights discourse tends to consider anti-blasphemy laws as going against freedom of expression. The recent Human Rights Committee General Comment No. 34 calls for a restrictive application of these laws for the full realisation of many of the rights within the ...

  4. Contesting sharia : state law, decentralization and Minangkabau custom

    NARCIS (Netherlands)

    Huda, Yasrul

    2013-01-01

    This book explains how Sharia, commonly called Perda Sharia (Sharia by-law) in Indonesia, was legislated on the provincial, regional and municipal level in West Sumatra. This process began after the government started a decentralization policy in 2000. Although the law of local autonomy prescribes

  5. The United States Copyright Law: A Guide for Music Educators

    Science.gov (United States)

    Music Educators Journal, 1978

    1978-01-01

    On October 19, 1976, President Ford signed the nation's first comprehensive revision of our copyright law since 1909. It became fully effective on January 1, 1978 and it is a law that will need to be understood by music educators both to improve their teaching and to protect themselves and their schools from incurring liability or being sued. This…

  6. Law Libraries in the Western Region/State of Nigeria.

    Science.gov (United States)

    Okewusi, Peter Agboola

    1988-01-01

    Reviews the establishment of the Western Regional Ministry of Justice in Nigeria and the subsequent development of law libraries to aid that agency. The functions of the ministry, staffing, and services of the law libraries, and the establishment of a printing office for government publications are described. (5 references) (CLB)

  7. 伊斯兰金融的法和经济学分析%AnalyZing the Laws and EconoMics of islaMic Finance

    Institute of Scientific and Technical Information of China (English)

    赵忠龙

    2014-01-01

    In Islamic moral economics,Islamic banks and financial investment agents are required to follom Islamic faith and principle of social justice in their economic and financial activities,and should evaluate the pro and con of such behaviors,and consequently Islamic moral economics forms the cornerstone of Islamic banks and their financial investment operation. The economics holds that self-interest is an essential incen-tive for individuals and economic and financial decisions can be made by the governance mechanism like“moral filters”. According to sheryl rules,property omnership should follom certain bottom line of morals,and it conducts under moral goals and methods. The economics also takes market system as a kind of institutional framemork for trading in economic environment. Market mechanism filtered by morals promotes the realization of social optimum,mith the maximum of profits and individual efforts. The economics advocates the sugges-tions for modern financial progress includes forbidding fixed income from interests,sharing benefits and risks, and embedding real economy during financial institutional arrangement.%伊斯兰道德经济学要求伊斯兰银行与金融投资机构在实施经济和金融活动中必须体现伊斯兰信仰和社会正义原则,必须全面评估其行为所产生的社会正面和负面影响,由此伊斯兰道德经济学构成了伊斯兰银行与金融投资机构运作的基石。伊斯兰道德经济学认为利己心对个人来说是一种不可或缺的激励因素,但是伊斯兰道德经济学提出可以通过“道德过滤器”的治理机制来进行经济和金融的决策。根据沙里尔规则,财产的所有权应当遵循一定的道德底限,行使所有权应当符合道德的目标和手段。伊斯兰道德经济学进一步把市场制度化为一种在经济环境中进行交易的制度框架,市场机制也得到了道德的过滤,伴随着个人效用和利润最大化动机的

  8. EUTHANASIA DALAM PERSPEKTIF HUKUM ISLAM

    Directory of Open Access Journals (Sweden)

    Arifin Rada

    2013-05-01

    Full Text Available Euthanasia is an attempt to end someone life when he/she has an uncurable illness, euthanasia will be done in order to release his/her from suffering his/her illness. In Indonesia, euthanasia can not be done and it is classified as an illegal act. Both in the positive law and the ethics code regulate that performing an euthanasia is not allowed. Regarded to the perspective of Islamic law, also regulated that an active euthanasia is an act that is forbidden and punishable by God with a punishment of hell for those who did.

  9. A re-analysis of Price's "Islam and human rights: a case of deceptive first appearances".

    Science.gov (United States)

    Schumm, Walter R

    2003-12-01

    Daniel Price in his analysis of Islamic Political Culture and Human Rights concluded that "... government rooted in Islam does not facilitate the abuse of human rights." A re-analysis of his data for 23 Islamic governments demonstrates otherwise. There is a significant trend (pSharia law (if not any secular or religious legal system) may have serious implications for human rights--or at least, Western Euro-American conceptualizations of human rights. At the same time, support for human rights may increase as Islamic governments shift from mostly secular to moderate applications of Islamic law.

  10. IMPELEMENTASI PENDIDIKAN SUFISME DALAM PENDIDIKAN ISLAM

    Directory of Open Access Journals (Sweden)

    Muis Sad Iman

    2016-04-01

    Full Text Available Problems of modern society are including the disintegration of science, split personality, misuse of science and technology, silting faith, materialistic relationship patterns, justifying any means, stress and frustration. One way to overcome these problems is to develop a moral life and Sufism. Moral is self ornaments that bring benefit to those who do. He would like God and preferably human beings and other creatures. In it turned out to provide optimal guidance inwardly can integrate the human soul. And Mysticism or Sufism is a dimension of depth and confidentiality (esoteric in Islam as law rooted in the Quran and al-Sunnah. It became the soul of the Islamic message as that of the body's heart hidden away from the outside view. However it remains as most source of life, which regulates the whole religious organism in Islam. Islamic education is a means in the formation of character and Sufism.

  11. Testing for multifractality of Islamic stock markets

    Science.gov (United States)

    Saâdaoui, Foued

    2018-04-01

    Studying the power-law scaling of financial time series is a promising area of econophysics, which has often contributed to the understanding of the intricate features of the global markets. In this article, we examine the multifractality of some financial processes and the underlying formation mechanisms in the context of Islamic equity markets. The well-known Multifractal Detrended Fluctuation Analysis (MF-DFA) is used to investigate the self-similar properties of two Dow Jones Islamic Market Indexes (DJIM). The results prove that both indexes exhibit multifractal properties. By discussing the sources of multifractality, we find that they are related to the occurrence of extreme events, long-range dependency of autocorrelations and fat-tailed distribution of returns. These results have several important implications for analysts and decision makers in modeling the dynamics of Islamic markets, thus recommending efficient asset allocation plans to investors dealing with Islamic equity markets.

  12. Worldview Islam dan Kapitalisme Barat

    Directory of Open Access Journals (Sweden)

    Hamid Fahmy Zarkasyi

    2013-05-01

    Full Text Available In the era when the idea of similarity, equality and pluralism are disseminated in diversified area, one might face difficulty to distinguish one civilization from the other.Now capitalism is the most dominant system of economic in the world and even developed into a civilization that has a worldveiw. Capitalism also used to be claimed and accepted as universal system that could be applied to the whole world. In response to this state of mind, it is imperative that capitalism be studied and identified from its very basic concept, i.e worldview perspective, and then compared it with Islam. This paper is a preliminary attempt to identify capitalist worldview and prove that it differs fundamentally from the worldview of Islam. The capitalist vision on religion, world, life style, justice, freedom of thought, wealth, economic activities which are influenced by Western worldview is diametrically different from Islamic worldview. Based on this study it must be very clear that Muslim intellectual who intend to borrow certain concept of capitalism for the development of Islamic economic should realize there are fundamental principles of capitalism that are irreconciliable with that of Islamic economic.

  13. MANAJEMEN LEMBAGA PENDIDIKAN ISLAM BERBASIS MASYARAKAT DAN SEKOLAH

    Directory of Open Access Journals (Sweden)

    Sodiah Sodiah

    2016-05-01

    Full Text Available The institutional Islamic education progress need an open system from superior to subordinate. The longer bureaucracy has to be passed in an education implementation cause the smaller effectiveness and efficiency achievement. Therefore in improving institutional Islamic education management is applied society based management and school based management. The society based management gives large chance for learning community also its general to form Islamic education purpose and education policy that multi-benefit. Thus school based management as a result from the autonomy law so that managers have authority to manage sources and human resources for achieving the objective of institutional Islamic education.

  14. Investigating the effects of using the balanced scorecard on Islamic banks' performance

    OpenAIRE

    AlSatrawi, AH

    2017-01-01

    Background:\\ud Islamic Banking follows the principles and rules of Islamic dealings; it is also governed by Sharia Law and thus adheres to stringent Sharia rules and principles. The operations of such banks are in conjunction with Islamic teachings and therefore it is compulsory that they be in harmony with the Sharia agreements. Over the last three decades, Islamic Banking has experienced global growth\\ud and now covers almost all business areas in the banking industry. On the other hand, co...

  15. The Imposition of Martial Law in the United States

    National Research Council Canada - National Science Library

    Davies, Kirk

    2000-01-01

    .... But despite police efforts to control the populace by establishing quarantine areas, the civilian infrastructure is quickly overwhelmed. Chaos results. Finally, the President declares martial law in an attempt to restore order in the nation.

  16. State Firearm Laws and Interstate Transfer of Guns in the USA, 2006-2016.

    Science.gov (United States)

    Collins, Tessa; Greenberg, Rachael; Siegel, Michael; Xuan, Ziming; Rothman, Emily F; Cronin, Shea W; Hemenway, David

    2018-06-01

    In a cross-sectional, panel study, we examined the relationship between state firearm laws and the extent of interstate transfer of guns, as measured by the percentage of crime guns recovered in a state and traced to an in-state source (as opposed to guns recovered in a state and traced to an out-of-state source). We used 2006-2016 data on state firearm laws obtained from a search of selected state statutes and 2006-2016 crime gun trace data from the Bureau of Alcohol, Tobacco, Firearms, and Explosives. We examined the relationship between state firearm laws and interstate transfer of guns using annual data from all 50 states during the period 2006-2016 and employing a two-way fixed effects model. The primary outcome variable was the percentage of crime guns recovered in a state that could be traced to an original point of purchase within that state as opposed to another state. The main exposure variables were eight specific state firearm laws pertaining to dealer licensing, sales restrictions, background checks, registration, prohibitors for firearm purchase, and straw purchase of guns. Four laws were independently associated with a significantly lower percentage of in-state guns: a waiting period for handgun purchase, permits required for firearm purchase, prohibition of firearm possession by people convicted of a violent misdemeanor, and a requirement for relinquishment of firearms when a person becomes disqualified from owning them. States with a higher number of gun laws had a lower percentage of traced guns to in-state dealers, with each increase of one in the total number of laws associated with a decrease of 1.6 percentage points in the proportion of recovered guns that were traced to an in-state as opposed to an out-of-state source. Based on an examination of the movement patterns of guns across states, the overall observed pattern of gun flow was out of states with weak gun laws and into states with strong gun laws. These findings indicate that certain

  17. Contesting sharia: state law, decentralization and Minangkabau custom

    OpenAIRE

    Huda, Yasrul

    2013-01-01

    This book explains how Sharia, commonly called Perda Sharia (Sharia by-law) in Indonesia, was legislated on the provincial, regional and municipal level in West Sumatra. This process began after the government started a decentralization policy in 2000. Although the law of local autonomy prescribes that religious matters are excluded from the authority of local government, the legislation of Sharia by local authorities is justified by the argument that Sharia, in addition to Minangkabau custom...

  18. L’usage politique de l’islam : l’universel au service d’un État. Le cas du Maroc The Political Use of Islam. The Universal in the Service of a State. The Moroccan Case

    Directory of Open Access Journals (Sweden)

    Abdessamad Belhaj

    2011-03-01

    Full Text Available Lorsqu’il s’agit d’étudier les rapports des pays arabes à la mondialisation, il est nécessaire d’évoquer l’islam. En tant que facteur local, la symbolique islamique offre des ressources de légitimation au pouvoir. Le cas marocain illustre bien la manière dont les rapports existant entre le Makhzen et le répertoire religieux (Amīr al-Mu’minīne, la bayca , la chérifibilité…  font de l’introduction de la modernité un simple espace virtuel et fonctionnel. L’émergence de la contestation islamiste participe à la consécration du répertoire traditionnel. D’autre part, depuis les trois dernières décennies, l’essor de l’islam mondialisé offre au Maroc des opportunités politiques à l’échelle mondiale. Ceci est observable au niveau du rôle joué par le pays dans le cadre de la diplomatie islamique (OCI, ISESCO…  ou au niveau de son positionnement dans l’islam européen. La gestion de l’interaction entre l’islam local et l’islam global, adaptée à la conjoncture internationale, assure le maintien au pouvoir du régime.One cannot study the relationships between Arab countries and globalization without taking Islam into account for it offers symbolic support to legitimizing local power. Morocco is a good example : the relations between the royal court (Makhzen and Islamic features such as being the Commander of the Faithful or Sheriffhood make of modernity a mere virtual or functional sphere. Even the emergence of Islamic contestation contributes to the consecration of the traditional repertory. On the other hand, the rise of world Islam during the last thirty years has opened up political opportunities for Morocco on the international stage – for instance the agencies of Islamic diplomacy (OCI, ISESCO or the quest for a new role in European Islam. By managing the interaction between the local and the global, the regime is able to keep itself in power.

  19. KĀFIR PRIDE: AN EXAMINATION OF THE RECENT APPARENT RISE IN AUSTRALIAN ANTI-ISLAMIC ACTIVITY AND THE CHALLENGES IT PRESENTS FOR NATIONAL SECURITY

    Directory of Open Access Journals (Sweden)

    Douglas Fry

    2016-03-01

    Full Text Available Multiple high-profile instances of anti-Islamic activity in Australia throughout 2015 – for example, the Reclaim Australia rallies in April and July, and the establishment of an anti-Islamic federal political party – is in keeping with increased Islamophobia observed in other western nations. While a key driving force behind this phenomenon is the September 11, 2001 terrorist attacks in the United States, ongoing jihadi violence – particularly atrocities committed by or on behalf of Islamic State –has served to reinforce anti-Islamic sentiment. Although objections to Islam are ostensibly cultural and religious, the prejudiced nature of Islamophobia essentially operates as racism. Emergent discourses about Islamic culture – for example, fears of Sharia law being imposed on western society – have positioned Muslims as an “enemy” who endanger western cultural values, and even present an existential threat. Accordingly, the risk of violence from anti-Islamic elements is not insignificant. To that end, this paper examines the range of security issues arising from Australian Islamophobic activity in two parts. First, it provides historical and cultural context for contemporary Islamophobia, noting the parallels and overlap with similar movements in the West. The primary themes promoted by anti-Islamic groups, and the manner by which they interact with audiences, are also analysed, noting the heavy emphasis on online communication, and how this translates to offline activities. Second, it will examine the types of potential or actual security risks that anti-Islamic activity presents to Australian authorities, describing a spectrum of increasing intensity that incorporates communication, physical violence, radicalisation and terrorism.

  20. 26 CFR 44.4422-1 - Doing business in violation of Federal or State law.

    Science.gov (United States)

    2010-04-01

    ... in nowise authorizes the carrying on of any business in violation of a law of the United States or... 26 Internal Revenue 16 2010-04-01 2010-04-01 true Doing business in violation of Federal or State law. 44.4422-1 Section 44.4422-1 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY...

  1. 7 CFR 360.400 - Preemption of State and local laws.

    Science.gov (United States)

    2010-01-01

    ... local laws. (a) Under section 436 of the Plant Protection Act (7 U.S.C. 7756), a State or political... of the Plant Protection Act, the regulations in this part preempt all State and local laws and... 360.400 Agriculture Regulations of the Department of Agriculture (Continued) ANIMAL AND PLANT HEALTH...

  2. 12 CFR Appendix C to Part 230 - Effect on State Laws

    Science.gov (United States)

    2010-01-01

    ... depository institution may not make disclosures using the inconsistent term or take actions relying on the...) Inconsistent Requirements State law requirements that are inconsistent with the requirements of the act and this part are preempted to the extent of the inconsistency. A state law is inconsistent if it requires...

  3. 45 CFR 211.5 - Action under State law; appointment of guardian.

    Science.gov (United States)

    2010-10-01

    ... 45 Public Welfare 2 2010-10-01 2010-10-01 false Action under State law; appointment of guardian... Action under State law; appointment of guardian. Whenever an eligible person is incapable of giving his... appointment of a legal guardian, to ensure the proper planning for and provision of such care and treatment. ...

  4. Islam og Islamisme

    DEFF Research Database (Denmark)

    Simonsen, Jørgen Bæk

    2010-01-01

    En præsentation og en kritik af nyere international forskning i islam og islamisme Udgivelsesdato: Februar......En præsentation og en kritik af nyere international forskning i islam og islamisme Udgivelsesdato: Februar...

  5. Er islam en trussel?

    DEFF Research Database (Denmark)

    Simonsen, Jørgen Bæk

    2007-01-01

    Et bidrag til belysning af forholdet mellem islam, muslimer og politisk/religiøs terror i samtiden......Et bidrag til belysning af forholdet mellem islam, muslimer og politisk/religiøs terror i samtiden...

  6. Origins and framework of environmental law in the United States

    Energy Technology Data Exchange (ETDEWEB)

    Robinson, N A

    1975-11-01

    A sensitivity for protecting the environment has opened a new field of Environmental Law, backed by government allocations, legal and administrative procedures, and public involvement. Environmental laws, however, remain responsive to new scientific and technological discoveries and expanding public pressures for both environmental protection and energy. Prior to the 1960s, there were laws to regulate resource exploitation, preserve natural areas, correct past damage, protect public health, control land use, and preserve common law and equity. Since then environmental concerns have become laws, agencies, and part of the law school curriculum. New regulations requiring accountability from the private sector, local governments, and public corporations (e.g., utilities) tend to cut across jurisdictions and require changes in governmental relationships. The legal tools available for protecting the environment include (1) regulation, such as permit and licensing systems and allocations; (2) procedural innovations, such as environmental impact analysis and reporting; (3) direct action, such as imposed air and water quality standards; (4) taxation; (5) government spending and contracting, as in solid waste disposal; (6) grants-in-aid and loans; (7) court enforcement; (8) coordinated land use; and (9) research. Citizen participation in the use of these tools has been vital to the momentum of an environmental protection concept. (150 references) (DCK)

  7. International Islamic Banking

    OpenAIRE

    saleem, shahid

    2007-01-01

    The purpose of this exploratory and to some extent descriptive analysis is to highlight the Islamic banking & finance theory, and to explain the practical disparity all over the Muslim Umma along with commonalities of Islamic banking in them. Islamic banking has been now become a value proposition which transcends cultures and will do speedily in next decades despite of cutting throat competition expected in global banking scenario. The size of Islamic Financial Industry has now reached size ...

  8. Konsep Nafkah dalam Hukum Islam

    Directory of Open Access Journals (Sweden)

    Syamsul Bahri

    2015-08-01

    Conjugal Need Concept in Islamic Law ABSTRACT: Conjugal need is not only a gift that is provided by a husband to his wife, but also an obligation of the father to his child and the responsibility of an owner to something. The need liabilities have been ruled in Islamic texts of Qoran and al-Hadith, which there are in the Chapter of Ath-Thalaq paragraph (6, Al-Baqarah: 233, and more. The need means an obligation that must be done by the form of expenditures related to the basic needs of both the husband against the wife and father of the child or his family. Due to its importance of it in the study of Islamic law, even a wife who has been dithalaq by her husband still has the right to earn a living for themselves and their children. In addition, although a living is an obligation to be met but concerns the level of living, it should be first to find the limits of  its provider.

  9. Islamic Beliefs and Practices.

    Science.gov (United States)

    Sefein, Naim A.

    1981-01-01

    To help social studies classroom teachers present a realistic picture of the Middle Eastern religion of Islam, this article presents an overview of major beliefs and religious practices of Moslems. Information is presented on religious fundamentals, Islam's relationship to Judaism and Christianity, the development of Islam, the role of women, and…

  10. Medical Cannabis Laws and Opioid Analgesic Overdose Mortality in the United States, 1999–2010

    Science.gov (United States)

    Bachhuber, Marcus A.; Saloner, Brendan; Cunningham, Chinazo O.; Barry, Colleen L.

    2015-01-01

    IMPORTANCE Opioid analgesic overdose mortality continues to rise in the United States, driven by increases in prescribing for chronic pain. Because chronic pain is a major indication for medical cannabis, laws that establish access to medical cannabis may change overdose mortality related to opioid analgesics in states that have enacted them. OBJECTIVE To determine the association between the presence of state medical cannabis laws and opioid analgesic overdose mortality. DESIGN, SETTING, AND PARTICIPANTS A time-series analysis was conducted of medical cannabis laws and state-level death certificate data in the United States from 1999 to 2010; all 50 states were included. EXPOSURES Presence of a law establishing a medical cannabis program in the state. MAIN OUTCOMES AND MEASURES Age-adjusted opioid analgesic overdose death rate per 100 000 population in each state. Regression models were developed including state and year fixed effects, the presence of 3 different policies regarding opioid analgesics, and the state-specific unemployment rate. RESULTS Three states (California, Oregon, and Washington) had medical cannabis laws effective prior to 1999. Ten states (Alaska, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, Rhode Island, and Vermont) enacted medical cannabis laws between 1999 and 2010. States with medical cannabis laws had a 24.8% lower mean annual opioid overdose mortality rate (95% CI, −37.5% to −9.5%; P = .003) compared with states without medical cannabis laws. Examination of the association between medical cannabis laws and opioid analgesic overdose mortality in each year after implementation of the law showed that such laws were associated with a lower rate of overdose mortality that generally strengthened over time: year 1 (−19.9%; 95% CI, −30.6% to −7.7%; P = .002), year 2 (−25.2%; 95% CI, −40.6% to −5.9%; P = .01), year 3 (−23.6%; 95% CI, −41.1% to −1.0%; P = .04), year 4 (−20.2%; 95% CI, −33.6% to −4

  11. Medical cannabis laws and opioid analgesic overdose mortality in the United States, 1999-2010.

    Science.gov (United States)

    Bachhuber, Marcus A; Saloner, Brendan; Cunningham, Chinazo O; Barry, Colleen L

    2014-10-01

    Opioid analgesic overdose mortality continues to rise in the United States, driven by increases in prescribing for chronic pain. Because chronic pain is a major indication for medical cannabis, laws that establish access to medical cannabis may change overdose mortality related to opioid analgesics in states that have enacted them. To determine the association between the presence of state medical cannabis laws and opioid analgesic overdose mortality. A time-series analysis was conducted of medical cannabis laws and state-level death certificate data in the United States from 1999 to 2010; all 50 states were included. Presence of a law establishing a medical cannabis program in the state. Age-adjusted opioid analgesic overdose death rate per 100 000 population in each state. Regression models were developed including state and year fixed effects, the presence of 3 different policies regarding opioid analgesics, and the state-specific unemployment rate. Three states (California, Oregon, and Washington) had medical cannabis laws effective prior to 1999. Ten states (Alaska, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, Rhode Island, and Vermont) enacted medical cannabis laws between 1999 and 2010. States with medical cannabis laws had a 24.8% lower mean annual opioid overdose mortality rate (95% CI, -37.5% to -9.5%; P = .003) compared with states without medical cannabis laws. Examination of the association between medical cannabis laws and opioid analgesic overdose mortality in each year after implementation of the law showed that such laws were associated with a lower rate of overdose mortality that generally strengthened over time: year 1 (-19.9%; 95% CI, -30.6% to -7.7%; P = .002), year 2 (-25.2%; 95% CI, -40.6% to -5.9%; P = .01), year 3 (-23.6%; 95% CI, -41.1% to -1.0%; P = .04), year 4 (-20.2%; 95% CI, -33.6% to -4.0%; P = .02), year 5 (-33.7%; 95% CI, -50.9% to -10.4%; P = .008), and year 6 (-33.3%; 95% CI, -44.7% to

  12. Elastisitas Syari'at Islam Dalam Perubahan Sosial

    OpenAIRE

    Syarifuddin, Said

    2016-01-01

    This study aims to examine the flexibility of Islamic law amidst of social change. It thus attempts to describe a comprehensive nature and character of Islamic law texts and to analyze the factors that shari'a can be relevance for social change. This paper is a descriptive qualitative research using a multidisciplinary approach which included a normative juridical approach, beneficiaries, and sociological approach. This study shows that the content of the shariah text is inclusive so it is po...

  13. CASE-LAW ASPECTS CONCERNING THE REGULATION OF STATES OBLIGATION TO MAKE GOOD THE DAMAGE CAUSED TO INDIVIDUALS, BY INFRINGEMENTS OF EUROPEAN UNION LAW

    Directory of Open Access Journals (Sweden)

    ROXANA-MARIANA POPESCU

    2012-05-01

    Full Text Available The priority principle of EU law in relation to the internal law of the Member States, a principle enshrined by the Court of Justice case-law and the principle of direct effect allow the national court to give full effect to EU law. Breaching the EU law by Member States draws under certain conditions their responsibilty for the breach thereof. Unlike public international law, the constitutive treaties do not contain provisions relating to liability of Member States for breach of EU law. As in other cases, the Court was the one that, over time, has defined a right of redress, which has its foundation in EU law and in the conditions necessary to engage the victims' right to repair.

  14. Obtaining patient test results from clinical laboratories: a survey of state law for pharmacists.

    Science.gov (United States)

    Witry, Matthew J; Doucette, William R

    2009-01-01

    To identify states with laws that restrict to whom clinical laboratories may release copies of laboratory test results and to describe how these laws may affect pharmacists' ability to obtain patient laboratory test results. Researchers examined state statutes and administrative codes for all 50 states and the District of Columbia at the University of Iowa Law Library between June and July 2007. Researchers also consulted with lawyers, state Clinical Laboratory Improvement Amendments officers, and law librarians. Laws relating to the study objective were analyzed. 34 jurisdictions do not restrict the release of laboratory test results, while 17 states have laws that restrict to whom clinical laboratories can send copies of test results. In these states, pharmacists will have to use alternative sources, such as physician offices, to obtain test results. Pharmacists must consider state law before requesting copies of laboratory test results from clinical laboratories. This may be an issue that state pharmacy associations can address to increase pharmacist access to important patient information.

  15. State review United States of America. Risks and risk assessment according to the law of the United States of America

    International Nuclear Information System (INIS)

    Feldmann, F.J.

    1980-01-01

    In the chapter 'Risk Assessment in Atomic Energy Law of the United States' of this report you find among other things the Atomic Energy Act, the approval conditions, General Design Criteria for Nuclear Power Plants, the defense-in-depth concept, probabilistic safety studies, probabilistic probability assessments in the case of external influences onto nuclear power plants, quantitative analyses of the consequences of conceivable accidents, reduction of radiation exposure, the National Environmental Policy Act, the environmental compatibility declaration, the so-called residual risk under the environmental aspect, the classification of the accidents into 9 types, new developments concerning accident analysis, effects of the nuclear fuel cycle on environment, indicial decisions. The chapter about 'Risk Assessment in Civil Law, Criminal Law and Law on Protection of the Environment', deals among other things with the Law on nuisance, the Clean Air Act, the Federal Environmental Pesticide Control Act. In 'Problems of the Cost-Efficiency-Analysis' the significance and purpose of this analysis, the availability of data and information, the monetary quantification of risks and costs, alternatives and the danger of misuse are illustrated. (HSCH) [de

  16. The «Islamic State»: trajectory and reach a year after its self proclamation as a «Caliphate»

    Directory of Open Access Journals (Sweden)

    Luís Tomé

    2015-05-01

    Full Text Available On 29 June 2014, the ISIS/ISIL or Daesh announced the change of its name to just "Islamic State" (IS, proclaimed itself a "Caliphate" and named its leader Abu Bakr al-Baghdadi as "Caliph Ibrahim". About a year later, this article intends to evaluate the trajectory and reach of this territorial jihadist entity. It starts by contextualizing the self-proclamation in terms of ideology and objectives and then it describes how the IS has sought to consolidate itself as a de facto "State" and the tragic effects of its policy of terror. The last part examines the international expansion of the IS, analysing its reach in attracting "foreign fighters", the new wilayats created outside Syria and Iraq, the newly affiliated local groups, and the activities of the IS in cyberspace.

  17. Efficacy of a physician's words of empathy: an overview of state apology laws.

    Science.gov (United States)

    Saitta, Nicole; Hodge, Samuel D

    2012-05-01

    Apology laws are gaining traction in the United States, prompting health care professionals to offer words of condolence for adverse medical outcomes without the fear of being sued for malpractice. Although these laws vary by jurisdiction, they have been shown to reduce the financial consequences of a medical malpractice lawsuit. The authors provide an overview of the laws regarding this issue and discuss apologies as a means to reduce medical malpractice claims.

  18. Beliefs and accountability in an Islamic bank

    Directory of Open Access Journals (Sweden)

    Ahmadasri Alaudin

    2015-05-01

    Full Text Available An Islamic bank in Malaysia (Malpha positions itself on being Islamic. The products and services are more expensive while employees are paid less than normal commercial banks. What bonds customers and employees to the bank are symbols of Islam: aqad (oral agreement between the bank and a customer, doa’ (supplication, a prayer, the tazkirah (short religious talks at the morning meeting and zakat (or almsgiving. Bank Malpha uses aqad (oral agreement between the bank and a customer and Doa (supplication, a prayer to form the basis of belief systems that influence the relationship with a customer. With regard to intermediaries, reciprocity (a form of trust underpins the relationship between the bank and its intermediaries (housing developers and lawyers for example. This bonding is reinforced by a boundary system: the shariah committee. The shariah committee assesses the shariah (lawful according Islam compliance and also engages with employees regarding shariah issues. This promotes learning through words and dialogue. However there is little documentation on customer recovery. If indeed non-performing loans are a key performance indicator for this Islamic bank, the challenge for this Islamic bank is to identify key processes to manage customer recovery.

  19. Radioactive waste management: a summary of state laws and adminstration. Revision 4

    International Nuclear Information System (INIS)

    1984-06-01

    This is the fourth update of Radioactive Waste Management: a summary of State Laws and Administration. It completely replaces the third update (January 15, 1984). The updated report covers the administration, the legislature and the laws in the 50 states related to radioactive waste. The report for each state is divided into four sections: cover page; administrative; legislative; and applicable legislation. In general, the information in this report is accurate as of April 30, 1984

  20. Demographic profile of states with human cloning laws: morality policy meets political economy.

    Science.gov (United States)

    Stabile, Bonnie

    2007-03-01

    This analysis seeks to identify factors that may shape the policy stance - whether restrictive or permissive - that each state in the United States with a human cloning law in place takes toward human therapeutic cloning. The investigation also considers if cloning policy is more the product of morality politics or political economy. Results show that among states with human cloning policies in place, those with a greater biotechnological capacity, more permissive abortion laws, fewer Evangelical Protestants, and higher political liberalism rankings are more likely to have permissive cloning laws. A higher Roman Catholic population is strongly associated with permissive cloning laws, rather than restrictive cloning laws as originally supposed. Factors with morality policy and economic bases were both found to be associated with cloning policy outcomes. Results suggest that morality policies, though distinct in some ways, do share determinants with public policies based on political economy.

  1. Blinking in quantum dots: The origin of the grey state and power law statistics

    Science.gov (United States)

    Ye, Mao; Searson, Peter C.

    2011-09-01

    Quantum dot (QD) blinking is characterized by switching between an “on” state and an “off” state, and a power-law distribution of on and off times with exponents from 1.0 to 2.0. The origin of blinking behavior in QDs, however, has remained a mystery. Here we describe an energy-band model for QDs that captures the full range of blinking behavior reported in the literature and provides new insight into features such as the gray state, the power-law distribution of on and off times, and the power-law exponents.

  2. State Security Breach Response Laws: State-by-State Summary Table. Using Data to Improve Education: A Legal Reference Guide to Protecting Student Privacy and Data Security

    Science.gov (United States)

    Data Quality Campaign, 2011

    2011-01-01

    Under security breach response laws, businesses--and sometimes state and governmental agencies--are required to inform individuals when the security, confidentiality or integrity of their personal information has been compromised. This resource provides a state-by-state analysis of security breach response laws. [The Data Quality Campaign has…

  3. Drug Per Se Laws: A Review of their Use in States

    Science.gov (United States)

    2010-07-01

    This report summarizes a study of the implementation of drug per se laws in 15 States. These laws generally make it an : impaired-driving offense to drive with a measurable amount of certain drugs in ones system. The specific prohibited : drugs va...

  4. Sociodemographic Disparities in Local Smoke-Free Law Coverage in 10 States.

    Science.gov (United States)

    Huang, Jidong; King, Brian A; Babb, Stephen D; Xu, Xin; Hallett, Cynthia; Hopkins, Maggie

    2015-09-01

    We assessed sociodemographic disparities in local 100% smoke-free laws prohibiting smoking in all indoor areas of nonhospitality worksites, restaurants, and bars in 10 states. We obtained data on local 100% smoke-free laws (US Tobacco Control Laws Database) and subcounty characteristics (2006-2010 American Community Survey) for Alabama, Alaska, Indiana, Kentucky, Mississippi, Missouri, North Dakota, South Carolina, Texas, and West Virginia. Outcomes included (1) 100% smoke-free law covering restaurants, bars, and workplaces; (2) 100% smoke-free law covering restaurants, bars, or workplaces; and (3) number of venue types covered by 100% smoke-free laws (0-3). Sociodemographics included total population, urban status, percentage racial/ethnic minority, per capita income, percentage with high-school diploma, percentage with blue-collar jobs, and percentage of workers who live and work in the same locality. Across states, localities with less-educated residents, smaller proportions of workers living and working in the same locality, or both generally had lower odds of being covered by 100% smoke-free laws. Coverage varied across states for other sociodemographics. Disparities exist in local smoke-free law coverage. Identifying patterns in coverage can inform state efforts to address related disparities.

  5. Scaling laws for steady-state fusion plasmas

    Energy Technology Data Exchange (ETDEWEB)

    Husseiny, A A [Carnegie-Mellon Univ., Pittsburgh, Pa. (USA)

    1975-12-01

    Experimental and semi-theoretical scaling laws are extrapolated to include the effect of fusion burn on the lifetime of plasma ions. Fractional burnups are also reconsidered on the same basis. The actual lifetime of fusion plasma ions and the estimated time necessary for feasible reactors, provide a correlation between the laboratory data and the hypothesis of reactor feasibility conditions. Based on these correlations criteria for the realization of self-heated plasmas are established.

  6. Vonis Mati Bandar Dan Pengedar Narkoba Antara Putusan Mk Dan Sema (Perspektif Hukum Pidana Islam)

    OpenAIRE

    Irfan, M Nurul

    2014-01-01

    : The Dead Penalty for the Drug Dealers in the Constitutional Court and the Sema (an Islamic Criminal Law Perspective). The death sentence set by the Supreme Court for the agents and drug dealers has attracted attention of criminal law experts. Constitutional Court Decision No. 34 / PUU-X /2013 which annuls Article 268 paragraph (3) Criminal Procedure Code-stating that the submission PK (judicial review) can only be done once- has open a chance that the PK can be submitted more than once. Thi...

  7. Karakteristik Dan Spektrum Manajemen Pendidikan Islam

    OpenAIRE

    Jannah, Siti Raudhatul

    2013-01-01

    Artikel ini mendiskusikan mengenai manajemen pendidikan Islam, karakteristik, dan spektrumnya. Karakteristik manajemen pendidikan Islam harus didasarkan pada al-Qur'an dan Hadits serta pemikiran rasional yang telah diuji validitasnya. Spektrum manajemen pendidikan Islam meliputi lingkup manajemen personalia pendidikan Islam, manajemen peserta didik pendidikan Islam, maanjemen kurikulum pendidikan Islam, manajemen keuangan pendidikan Islam, manajemen sarana dan prasarana pendidikan Islam, mana...

  8. Assessing the concordance between illicit drug laws on the books and drug law enforcement: Comparison of three states on the continuum from "decriminalised" to "punitive".

    Science.gov (United States)

    Belackova, Vendula; Ritter, Alison; Shanahan, Marian; Hughes, Caitlin E

    2017-03-01

    Variations in drug laws, as well as variations in enforcement practice, exist across jurisdictions. This study explored the feasibility of categorising drug laws "on the books" in terms of their punitiveness, and the extent of their concordance with "laws in practice" in a cross-national comparison. "Law on the books", classified with respect to both cannabis and other drug offences in the Czech Republic, NSW (AU) and Florida (USA) were analysed in order to establish an ordinal relationship between the three states. Indicators to assess the "laws in practice" covered both police (arrests) and court (sentencing) activity between 2002 and 2013. Parametric and non-parametric tests of equality of means, tests of stationarity and correlation analysis were used to examine the concordance between the ordinal categorisation of "laws on the books" and "laws in practice", as well as trends over time. The Czech Republic had the most lenient drug laws; Florida had the most punitive and NSW was in-between. Examining the indicators of "laws in practice", we found that the population adjusted number of individuals sentenced to prison ranked across the three states was concordant with categorisation of "laws on the books", but the average sentence length and percentage of court cases sentenced to prison were not. Also, the de jure decriminalisation of drug possession in the Czech Republic yielded a far greater share of administrative offenses than the de facto decriminalisation of cannabis use / possession in NSW. Finally, the mean value of most "laws in practice" indicators changed significantly over time although the "laws on the books" didn't change. While some indicators of "laws in practice" were concordant with the ordinal categorisation of drug laws, several indicators of "laws in practice" appeared to operate independently from the drug laws as stated. This has significant implications for drug policy analysis and means that research should not assume they are

  9. Islamic factor in contemporary Russia

    Directory of Open Access Journals (Sweden)

    N. M. Shalenna

    2014-12-01

    Full Text Available Russian Federation, a Eurasian multinational state, has a significant number of indigenous Muslim population (about 10% that continues to increase not only due to natural growth and conversion of non-Muslims to Islam, but also as a result of intensive immigration from the Central Asian countries and Azerbaijan. Islamic factor significantly predetermined policy of Russia during its historical development. The importance of Islam in contemporary political life has been underlined by many government representatives and by the leaders of social and religious organizations and movements. Russian Muslim Ummah nowadays is far from being homogeneous and integrated, that predisposes some groups to radicalization of sentiments, ideas and activities and inevitably causes significant destabilization in the religious, social and political spheres within certain subjects of the Russian Federation and at the national level. The article focuses on the complex investigation of the influence of Islam on the social and political processes in contemporary Russia. It reveals the main principles of the Russian administration policy in the field of religion in general and towards Muslims in particular. Specific features of Muslim communities’ formation and factors of their institutionalization are determined. This research covers the reasons of major contradictions existing within the Russian Ummah. The article stresses on the importance of this study in the context of Ukrainian-Russian conflict in Crimea and in eastern regions of Ukraine. Current policy of Russia towards the Crimean Tatar population is analyzed.

  10. Architecture in the Islamic Civilization: Muslim Building or Islamic Architecture

    OpenAIRE

    Yassin, Ayat Ali; Utaberta, Dr. Nangkula

    2012-01-01

    The main problem of the theory in the arena of islamic architecture is affected by some of its Westernthoughts, and stereotyping the islamic architecture according to Western thoughts; this leads to the breakdownof the foundations in the islamic architecture. It is a myth that islamic architecture is subjected to theinfluence from foreign architectures. This paper will highlight the dialectical concept of islamic architecture ormuslim buildings and the areas of recognition in islamic architec...

  11. BENTUK ISLAM FAKTUAL: KARAKTER DAN TIPOLOGI ISLAM INDONESIA

    Directory of Open Access Journals (Sweden)

    Irham Yuwanamu

    2016-12-01

    Full Text Available Artikel ini berupaya menjelaskan terkait dengan Islam faktual sebagai keniscayaan yang terjadi kepada umat Islam. Bahwasanya Islam faktual merupakan bentuk keberagamaan umat muslim di dunia yang dapat dipengaruhi oleh latar sosial dan budaya masyarakat. Islam faktual dapat terjadi perbedaan di antara umat muslim yang satu dengan yang lainnya. Dalam artikel ini Islam faktual yang menjadi kajian adalah Islam Indonesia. Pertanyaan yang ingin dijawab adalah bagaimana karakter dan tipologi Islam Indonesia? Kesimpulan yang ditemukannya, bahwa karakter Islam Indonesia adalah wasatiyah dan tipologinya adalah akomodatif dengan sosio-kultur di masyarakat. Kemudian tipologi yang dikemukakan oleh Clifford Geertz dalam hal ini sudah tidak relevan lagi, khususnya untuk menggambarkan Islam Jawa sebagai contoh Islam Indonesia. Selanjutnya era kontemporer ini Islam Indonesia sebagian kecil mengalami pergeseran orientasi ke arah Islam transnasional, yakni Islam yang bermanhaj salafi. Artikel ini merupakan sebuah kajian literatur yang menggunakan bahan-bahan hasil penelitian terkait dengan tema yang menjadi objek kajian.    This article efforts to explain the associated with Islam factual as a necessity that happened to the Muslims. That Islam factual is a form of religious Muslims in the world who could be affected by the social and cultural background. Islam factual can occur differences between Muslims with each other. In this article the Islam factual  become to be studied is Islam Indonesian. Questions to be answered is how the characters and the typology of Indonesian Islam? The conclusion that the discovery, that the character of Islam Indonesian is wasatiyah and typology is accommodating to the socio-culture in society. Then typology proposed by Clifford Geertz in this case was no longer relevant, particularly to describe Islam Java as an example. Furthermore, this contemporary era Islam Indonesian in part experienced a shift in orientation toward

  12. Tujuh Karakter Fundamentalisme Islam

    Directory of Open Access Journals (Sweden)

    Tholkhatul Khoir

    2015-01-01

    Full Text Available Abstract: This article examines fundamentalism and compares it with the concept of extremism, radicalism, and scripturalism. This article discovered that it is possible to carry out study on the phenomenon of fundamentalism in post-positivism paradigm as employed by modern social sciences. As we know that basically all fundamentalism has the same character. However, Islamic fundamentalism are significantly different from the other fundamentalist movements in many substantive things, such as the ability to penetrate the boundaries between countries, the abundance of the activists, the character of the Islam as a "protest movement", the total obedience to the rules of everyday life of the Islam, the failure of separation between state and religion, the high spirit of collectivity, the potential of Islam to legitimize states, the existence of the doctrine of jihad and its immediate reward of the Hereafter. Under the shadows of all the above, Islamic countries tend to be sensitive to the waves of fundamentalism that nevertheless in fact move ups and downs in accordance with social, political, and economic realities.الملخص: تبحث هذه الدراسة عن الأصولية وتقارن بينها وبين مفهوم التطرف والراديكالية، والحرفي وتستخلص بأنه من الممكن لإجراء دراسة حول ظاهرة الأصولية في نموذج ما بعد الوضعية كما تستخدمها العلوم الاجتماعية الحديثة. ونحن نعلم أن كل الأصولية في الأساس لها نفس الطابع. ومع ذلك، الأصولية الإسلامية تختلف اختلافا كبيرا من الحركات الأصولية الأخرى في كثير من الأمور الجوهرية، مثل القدرة على اختراق الحدود بين البلدان، والوفرة من الناشطين، وطابع الإسلام بأنها "حركة احتجاجية"،

  13. Implementasi Ruhul Islam terhadap Pembentukan Karakter Mahasiswa di Perguruan Tinggi Berbasis Islam dan Teknologi Informasi

    Directory of Open Access Journals (Sweden)

    Mochamad Malik Akbar Rohandi

    2017-11-01

    Full Text Available Ruhul Islam is the core spirit of Islam that is the identity or characteristic of an individual or Islamic institution that has a mental attitude. It always guided by morals, according to the guidance of Islamic teachings so that can create a brotherhood of fellow Muslims in bringing people to a better state. The objective of this research is to know the comparison of Ruhul Islam application level to the embedded character in college student based on Islam and technology. Explanatory research method used primary data of field observation and questionnaire and secondary data, sample using Slovin formula and purposive sampling method with error rate of 10%, interconnection between variables using path analysis. Characteristics of respondents majority of women, active age 18-21 year students, high school graduates and the origin of UNISBA students 67% of Bandung while Telkom 82% outside Bandung. Implementation of Islamic values ​​with character formation in Islamic universities has a stronger relationship than information technology-based colleges with a R2 level of 37% versus 32.8%, more than 60% character formation can be influenced by other factors or variables.

  14. Upaya Islam Dalam Membendung Budaya Korupsi

    OpenAIRE

    Syarif, Zainuddin

    2012-01-01

    Corruption is one of chronic diseases in Indonesia. A country that has majority population of Islam has the highest population level. The causes are the bad character of state apparatus and the damage of political system and government That's why Islam offers some solutions to solve corruption, such as proper salary, avoiding to receive a bribe and present, the counting of treasure in the first and the last of position period, a good model leader, equitable punishment and the most thin...

  15. Anti-Terrorism Authority Under the Laws of the United Kingdom and the United States

    National Research Council Canada - National Science Library

    Feikert, Clare; Doyle, Charles

    2006-01-01

    This is a comparison of the laws of the United Kingdom and of the United States that govern criminal and intelligence investigations of terrorist activities Both systems rely upon a series of statutory authorizations...

  16. Estimates of the Lawful Permanent Resident Population in the United States: January 2013

    Data.gov (United States)

    Department of Homeland Security — This report presents estimates of the lawful permanent resident (LPR) population living in the United States on January 1, 2013. The LPR population includes persons...

  17. Estimates of the Lawful Permanent Resident Population in the United States: January 2014

    Data.gov (United States)

    Department of Homeland Security — This report presents estimates of the lawful permanent resident (LPR) population living in the United States on January 1, 2014. The LPR population includes persons...

  18. Application of ‘Urf In Islamic and Conventional Bank

    Directory of Open Access Journals (Sweden)

    Shafi‘i Abdul Azeez Bello

    2013-06-01

    Full Text Available  ‘Urf or Customary law is one of the most important supporting sources in Islamic law. This can be seen through many legal rulings (ahkam in Islamic law, which was based on ‘urf in which most of these ahkam will change according to the change of circumstances, place and time. As for basis of ‘urf or custom, it is the product of the nature of the people and their culture, it grows in strength and popularity by means of imitation that transfers and implants it in the lives of people. Moreover, Contemporary financial system poses great problem and even great challenges to Muslims. Muslims are not permitted by Islamic Law to indulge in ribā. Since contemporary financial system is based on interest, Muslims have great problems in participating in it. Therefore, this paper stands to explain the application of ‘urf in Islamic and conventional Bank. The concept and principle of ‘urf in Islamic law was critically analysed such as application of ‘urf in Islamic law, differences between ‘urf and consensus of jurists, also between ‘urf and adah, in addition, classification of ‘urf, conditions of valid ‘urf and so on. Furthermore, the application of ‘urf in deposit products under Islamic and Conventional bank were well examined, types of conventional deposit products as well as Islamic deposit products. In fact the product shows that a little different was in-between them which can be easily avoid.

  19. Application of ‘Urf In Islamic and Conventional Bank

    Directory of Open Access Journals (Sweden)

    Shafi‘i Abdul Azeez Bello

    2013-06-01

    Full Text Available ‘Urf or Customary law is one of the most important supporting sources in Islamic law. This can be seen through many legal rulings (ahkam in Islamic law, which was based on ‘urf in which most of these ahkam will change according to the change of circumstances, place and time. As for basis of ‘urf or custom, it is the product of the nature of the people and their culture, it grows in strength and popularity by means of imitation that transfers and implants it in the lives of people. Moreover, Contemporary financial system poses great problem and even great challenges to Muslims. Muslims are not permitted by Islamic Law to indulge in ribā. Since contemporary financial system is based on interest, Muslims have great problems in participating in it. Therefore, this paper stands to explain the application of ‘urf in Islamic and conventional Bank. The concept and principle of ‘urf in Islamic law was critically analysed such as application of ‘urf in Islamic law, differences between ‘urf and consensus of jurists, also between ‘urf and adah, in addition, classification of ‘urf, conditions of valid ‘urf and so on. Furthermore, the application of ‘urf in deposit products under Islamic and Conventional bank were well examined, types of conventional deposit products as well as Islamic deposit products. In fact the product shows that a little different was in-between them which can be easily avoid.

  20. Engaging Non-State Security Providers: Whither the Rule of Law?

    Directory of Open Access Journals (Sweden)

    Timothy Donais

    2017-07-01

    Full Text Available The primacy of the rule of law has long been seen as one of the essential principles of security sector reform (SSR programming, and part of the larger gospel of SSR is that the accountability of security providers is best guaranteed by embedding security governance within a rule of law framework. Acknowledging the reality of non-state security provision, however, presents a challenge to thinking about SSR as merely the extension of the rule of law into the security realm, in large part because whatever legitimacy non-state security providers possess tends to be grounded in 'extralegal' foundations. This paper – more conceptual than empirical in its approach – considers the implications of hybrid forms of security governance for thinking about the relationship between SSR and rule of law promotion, and argues that the rule of law still provides a useful source of strategic direction for SSR programming.

  1. Brain Death in Islamic Jurisprudence

    Directory of Open Access Journals (Sweden)

    A Nikzad

    2016-07-01

    Full Text Available BACKGROUND AND OBJECTIVE: In today's world, Islamic jurisprudence encounters  new issues. One of the areas where jurisprudence gets involved is the issues concerned with brain death, whether brain death in jurisprudence and Islamic law is considered the end of life. In this study, brain death was discussed from the Shiite jurisprudence perspective and also the opinions of the specialists are taken into account. METHODS: This study is designed based on library collection and review of the literature in the field of brain death. Also, Quranic verses, hadiths and fatwas (religious opinions of the scholars are used. Some of the articles which were centered around Islamic jurisprudence, particularly Shiite jurisprudence that explain and deal with brain death were given special consideration. FINDINGS: Brain death from religious and jurisprudence perspective is considered the termination of life and removing the vital organs from the body is not viewed as committing manslaughter. A person with brain death is not a normally known injured man who is still alive. The brain death patinets have no life and getting rid of the body does not constitute a case of manslaughter. Amputation of the organs of brain death patients for donation and transplantation amounts to the amputation of a dead body. If the life of a Muslim is subject to transplant of organs from the body of a brain death patient, it will be permissible. CONCLUSION: In principle, if the life of a Muslim entails transplant of organs of brain death patients, it will be permissible 

  2. ISLAM AND ARAT SABULUNGAN IN MENTAWAI

    Directory of Open Access Journals (Sweden)

    Maskota Delfi

    2013-12-01

    Full Text Available The remoteness of the Mentawai Islands has contributed to an almost autonomous development, unaided by mainland Sumatra. As a result of a well endowed environment and supported by staple local foods such as sago, taro and bananas, as well as an abundance of wildlife including wild boars, a finely tuned self-sufficiency was realised. In this space the management and distribution of food, including animal protein, is an important aspect of the culture of Arat Sabulungan. As the result of the compulsory state sanctioned religions program introduced in 1954, some Mentawaians have converted to Islam or Catholicism as their formal religious identity. However, a remarkable adaptation occured in which the layers of Mentawai identity were not lost in the adaption to the Islamic faith. Islam with its teachings, and other formal religions, are considered as  the sasareu (outsiders. The prohibition of consuming boar as part of islamic rules is a sasareu rules that contradict to Mentawaian Arat .[Kepulauan Mentawai yang terisolasi telah berkembang secara mandiri tanpa bantuan dari pulau induknya, Sumatra. Lingkungan yang subur dan mendukung ketersediaan sumber makanan pokok lokal seperti sagu, talas, dan pisang serta berlimpahnya satwa liar, termasuk babi hutan, telah mendorong terciptanya swasembada pangan. Manajemen dan distribusi makanan merupakan aspek penting dalam jalinan budaya dan sistem kepercayaan local, Arat Sabulungan. Sebagai hasil dari kebijakan pemerintah untuk menerapkan agama resmi bagi orang Mentawai pada tahun 1954, orang Mentawai kemudian masuk Islam atau Katolik. Namun demikian, adaptasi yang luar biasa juga terjadi, sehingga lapisan-lapisan identitas Mentawai tidak hilang dalam adaptasinya dengan keyakinan Islam. Islam dengan ajaran-ajarannya, juga agama-agama dunia lainnya, dipandang sebagai ajaran asing. Larangan mengkonsumsi daging babi sebagai bagian dari ajaran Islam, misalnya, dipandang sebagai ajaran asing yang bertentangan

  3. 75 FR 504 - U.S. Department of State Advisory Committee on Private International Law: Organization of...

    Science.gov (United States)

    2010-01-05

    ... on consumer rights as part of its program on private international law. Three proposals have been put... DEPARTMENT OF STATE [Public Notice 6255] U.S. Department of State Advisory Committee on Private International Law: Organization of American States (OAS) Specialized Conference on Private International Law...

  4. Confederation and federation in the general theory of law and state and in positive law (part one

    Directory of Open Access Journals (Sweden)

    Petrović Milan

    2016-01-01

    the other hand, federal entities (members of a federation do not have such an option, or they may possibly be given such an option (to an extend which is considered relevant by the central (federal government; 2 the internal borders between confederation member states may be changed only by international treaties adopted at an international conference, whereas the internal borders between federal entities may be unilaterally established and changed by the central government; 3 confederation member states, in principle, have the secession right (ius secessionis to withdraw from the confederation, whereas federal entities have no such right. It should be noted that a confederation, as a rule, has a capacity of legal personality in international law, just as its individual members. Yet, the difference between the internal state law and public international law is quite relative. Namely, as noted by Toma Živanović, international law (both private and public is governed by collision norms. While the essence of private international law is conflict resolution involving subjective private rights and obligations arising from the internal law of different states, the essence of public international law is resolution of conflicts between different sovereign states. The basic difference between a confederation and a federation is that each confederation member state is the holder of supreme power (sovereignty, whereas the federal units in a federal state have no such power, given the fact that sovereignty is exclusively vested in the federation (federal state. The supreme power is a de facto matter; it implies the capacity to maintain public order in a specific territory. Relying on the comparative research of different confederations and federations, the author comes to a conclusion that the 'second Yugoslavia' (FPRY was actually a confederation (despite its official title. However, this conclusion raises the question of borders between its former member states, particularly

  5. The causes of Islamic fundamentalist violent movements in postcolonial Nigeria

    Directory of Open Access Journals (Sweden)

    A Kumsa

    2016-12-01

    Full Text Available Nigeria is one of the first African states to be confronted with the violent Islamist fundamentalist group popularly known as Boko Haram. It declared war on the Nigerian secular state in 2009, and implements a program, if successful, to transform the country into an Islamic theocratic state led by sharia (Islamic law, in the country where only half of the population are Muslims. The article starts with clarification of the structure of the Nigerian society from the linguistic perspective, and from the point of view of political cultures of different societies, which were colonized and came under one British colonial rule to 1960. This study analyses the history of Islamist fundamental movements starting from the late 1970s, and focuses on the latest such group - Boko Haram. The authors examine the social, economical, and political causes of the brutal violent conflict in the northeastern Nigeria, which was the heartland of the pre-colonial Kanem Bornu state and the center of Kanuri national culture. Finally, the authors identify social and political causes of the developmental chain of Salafist movements, particularly from 2009 when Boko Haram declared war against the Nigerian state in order to transform it into an Islamic caliphate; thus, there was a catastrophic human rights violation by the Nigerian Army in the name of fighting the Boko Haram terrorists. The authors do not suggest any decisions and do not provide any final conclusions - they admit the uncertainty of the current situation in Nigeria and call for the further research of internal politics tendencies under the new government led by President Buhari, who can either continue to solve the problems of the country by aggressive military means as two previous presidents of Nigeria, or, on the contrary, can prefer peaceful and conciliatory measures.

  6. Local Wisdom dan Penetapan Hukum Islam di Indonesia

    Directory of Open Access Journals (Sweden)

    Sagaf Pettalongi

    2012-11-01

    Full Text Available Local wisdom or in terms of fiqhi is called  al-urfis something that is a customs and traditions of a society in the form of words or deeds or things leave something .Local wisdom or tradition,which does not contradict the basic principles of the teaching of Islam may be regarded as confir med as the shari’a law. The priests madhahib many legal opinion based on the consideration of local wisdom (al-‘urf. In Indonesia there are three theories that are commonly used to keep the customary law and Islamic law ,namely:Receptio in complex theory ,Receptie theory and Receptio a contrario theory .Local wisdom has played an important role towards the establishment of Islamic law in both the establishment and enforcement of Islamic law .Some scholars deter mined requirements to make the local wisdom  (‘urf as a source of Islamic law (1 local wisdom apply in the majority of cases occuring amongs the people and its implementation embraced by the majority community ,(2  ‘urf existed before the emergence of cases which would set the law ,(3 local wisdom is not contrary to clearly expressed in a contract, (4 local wisdom does not conflict with nash.

  7. PERKAWINAN SEJENIS DALAM KAJIAN ISLAM

    OpenAIRE

    Muhammad Arif Zuhri

    2016-01-01

    One of cases in islamic law today is same-sex marriage. The case sparked a controversy in muslim society. On the one hand, the case can be seen as an integral part of a person’s rights to meet the biological needs, but on the other hand is seen as a violation of religious norms and moral principles. Those who have a sexual orientation towards the same gender (homosexual), which was also approved this orientation, continue to get same-sex marriage legalization because a sense of lo...

  8. Interrelasi Fundamentalisme dan Orientasi Ideologi Gerakan Islam Kontemporer

    Directory of Open Access Journals (Sweden)

    Ahmad Nur Fuad

    2014-01-01

    Full Text Available This article deals with the interrelation between Islamic fundamentalism and other ideological orientations of contemporary Islamist movements, such as Islamism, revivalism, radicalism, salafism, and political Islam. It tries to explore the similarities in their characteristics as well as their differences in the focuses and strategies of the movements. This articles argues that these Islamist movements express their ideological aspirations in different ways: some try to build an Islamic state or even a universal Islamic caliphate (political Islam, while others emphasize much more on the implementation of shari’ah in the level of individuals and society, apart from state (salafis. However, they did not succeed yet in transforming the political landscape of the Muslim world in accordance with their ideological framework.

  9. European Criminal Law a! er the Lisbon Treaty, or Europeanization of European law, under the co-responsibility of the Member States

    Directory of Open Access Journals (Sweden)

    Arif Riza

    2016-11-01

    Full Text Available Same as EU Law, that presents a new area of law and that it is still in progress, the EU Criminal Law is developing. The development of EU criminal law, of course, is dictated by the development of European Law itself, or the EU itself. Depending on it, the EU will be a supranational structure, or will undergo changes and become a Federal State, or another unified form. Taking into consideration the importance of this area of law, which is created for cooperation among states to combat organized crime, and especially terrorism, we can have a Criminal Code European and a European code of Criminal Procedure certainly in the near future, namely, a codification of European criminal field. This paper aims to discuss the development of European criminal law, until the Treaty of Lisbon.

  10. State gun safe storage laws and child mortality due to firearms.

    Science.gov (United States)

    Cummings, P; Grossman, D C; Rivara, F P; Koepsell, T D

    1997-10-01

    Since 1989, several states have passed laws that make gun owners criminally liable if someone is injured because a child gains unsupervised access to a gun. These laws are controversial, and their effect on firearm-related injuries is unknown. To determine if state laws that require safe storage of firearms are associated with a reduction in child mortality due to firearms. An ecological study of firearm mortality from 1979 through 1994. All 50 states and the District of Columbia. All children younger than 15 years. Unintentional deaths, suicides, and homicides due to firearms. Laws that make gun owners responsible for storing firearms in a manner that makes them inaccessible to children were in effect for at least 1 year in 12 states from 1990 through 1994. Among children younger than 15 years, unintentional shooting deaths were reduced by 23% (95% confidence interval, 6%-37%) during the years covered by these laws. This estimate was based on within-state comparisons adjusted for national trends in unintentional firearm-related mortality. Gun-related homicide and suicide showed modest declines, but these were not statistically significant. State safe storage laws intended to make firearms less accessible to children appear to prevent unintentional shooting deaths among children younger than 15 years.

  11. The association of state law to physical education time allocation in US public schools.

    Science.gov (United States)

    Perna, Frank M; Oh, April; Chriqui, Jamie F; Mâsse, Louise C; Atienza, Audie A; Nebeling, Linda; Agurs-Collins, Tanya; Moser, Richard P; Dodd, Kevin W

    2012-08-01

    We examined whether public schools in states with specific and stringent physical education (PE) laws, as assessed by the Physical Education-Related State Policy Classification System (PERSPCS), available on the Classification of Laws Associated with School Students (C.L.A.S.S.) Web site, reported more weekly PE time in the most recent School Health Policies and Programs Survey (SHPPS). Schools (n=410) were grouped by their state's PERSPCS time requirement scores (none, nonspecific requirement, or specific requirement). Average weekly school-level PE was calculated using the SHPPS-reported PE minutes. Weighted analyses determined if PE minutes/week differed by PERSPCS group. Schools in states with specific requirement laws averaged over 27 and 60 more PE minutes/week at the elementary and middle school levels, respectively, compared with schools within states with nonspecific laws and over 40 and 60 more PE minutes per week, respectively, compared with elementary and middle schools in states with no laws. High school results were nonsignificant. Public health guidelines recommend at least 60 minutes of daily physical activity for children, and PE may further this goal. Strong codified law with specific time requirements for PE may be an important tool contributing toward adequate PE time and daily physical activity recommendations.

  12. Human rights, democracy and rule of law: Different organisations, different conceptions?

    NARCIS (Netherlands)

    Timmer, A.S.H.; Sosa, L.P.A.; Häusler, Katharina

    2016-01-01

    This report presents an exploration of different conceptualisations of human rights, democracy and the rule of law within international organisations. The report focuses on the United Nations, the African Union, the League of Arab States and the Organisation of Islamic Cooperation. The eventual aim

  13. Performance Based Islamic Performance Index (Study on the Bank Muamalat Indonesia and Bank Syariah Mandiri

    Directory of Open Access Journals (Sweden)

    Siti Aisjah

    2015-09-01

    Full Text Available The development of Islamic base banks in Indonesia in recent years show rapid growth. The main challenge for Islamic base banks is how to raise belief from the stakeholders. Stakeholder expectations of the Islamic banks is different from a conventional bank. Since, Islamic banks are built on basic principles of Islamic economics. Therefore, we need a tool to evaluate and measure the performance of Islamic base banks. Islamicity Performance Index is a method which can evaluate the performance of Islamic base banks not only their financial but also justice principles, halal (lawfulness, and tazkiyah (sanctification. There are six financial ratios which are measured from Islamicity Performance Index:profit sharing ratio, zakat performance ratio, equitable distribution ratio, directors-employees welfare ratio, Islamic investment versus non-Islamic investment ratio, Islamic income versus non-Islamic income. This research is intended to figure out the performance of Islamic base Bank in Indonesia based on Islamicity Performance Index. The samples are the Bank Muamalat Indonesia and Bank Syariah Mandiri. Sources of data are the financial reports of Bank Muamalat Indonesia and Bank Syariah Mandiri in 2009–2010 period.The results show that the financial performance of Islamic Base Bank in Indonesia during 2009-2010 period have ”quite satisfactory level of  valuation. However, there are two unsatisfactory ratios. They are zakat performance ratio and director-employee welfare contrast ratio. It shows that zakat issued by the Islamic base bank in Indonesia is still low and the contrast of the director-employee welfare is still huge.

  14. State laws restricting driver use of mobile communications devices distracted-driving provisions, 1992-2010.

    Science.gov (United States)

    Ibrahim, Jennifer K; Anderson, Evan D; Burris, Scott C; Wagenaar, Alexander C

    2011-06-01

    State laws limiting the use of mobile communications devices (MCDs) by drivers are being enacted at an accelerating pace. Public health law research is needed to test various legislative models and guide future legal innovation. To define the current state of the law, facilitate new multi-state evaluations, and demonstrate the utility of systematic, scientific legal research methods to improve public health services research. Westlaw and Lexis-Nexis were used to create a 50-state, open-source data set of laws restricting the use of any form of MCD while operating a motor vehicle that were in effect between January 1, 1992, and November 1, 2010. Using an iterative process, the search protocol included the following terms: cellphone, cell phone, cellular phone, wireless telephone, mobile telephone, text, hands-free, cell! and text! The text and citations of each law were collected and coded across 22 variables, and a protocol and code book were developed to facilitate future public use of the data set. Thirty-nine states and the District of Columbia have at least one form of restriction on the use of MCDs in effect. The laws vary in the types of communication activities and categories of driver regulated, as well as enforcement mechanisms and punishments. No state completely bans use of MCDs by all drivers. State distracted-driving policy is diverging from evidence on the risks of MCD use by drivers. An updatable data set of laws is now available to researchers conducting multistate evaluations of the impact of laws regulating MCDs by drivers. If this data set is shown to be useful for this public health problem, similar rigorously developed and regularly updated data sets might be developed for other public health issues that are subject to legislative interventions. Copyright © 2011 American Journal of Preventive Medicine. Published by Elsevier Inc. All rights reserved.

  15. MENTAL HEALTH: ISLAMIC PERSPECTIVE

    OpenAIRE

    Muzdalifah M. Rahman

    2015-01-01

    The purpose of this paper was to explain the concept of mental health perspective Contemporary Psychology, describes the mental health of an Islamic perspective and describes how mental health recovery. The theory used is the concept of mental health perspective Contemporary Psychology, and the concept of mental health perspective Islamic Psychology Writing is writing method using qualitative research methods. Mental health is avoiding an Islamic perspective of all symptoms, complaints and...

  16. Islamic Myths and Memories

    DEFF Research Database (Denmark)

    Islamic myths and collective memory are very much alive in today’s localized struggles for identity, and are deployed in the ongoing construction of worldwide cultural networks. This book brings the theoretical perspectives of myth-making and collective memory to the study of Islam and globalizat....... It shows how contemporary Islamic thinkers and movements respond to the challenges of globalization by preserving, reviving, reshaping, or transforming myths and memories....

  17. Kepemimpinan dalam perspektif Islam

    OpenAIRE

    Sayra, Nadya; Juliandi, Azuar

    2017-01-01

    Sharia banking is a system of Islamic banking. In the last period, sharia Banking grew rapidly in Indonesia. The development of sharia banking requires Islamic leadership. Therefore, purpose of this study is to analyze employees and leaders perception of Islamic leadership in sharia banking. The approach of this study using an exploratory paradigm. Sources of research data are employees and leaders of Bank Syariah Mandiri in Medan City. The questionnaires and interviews were used to collect ...

  18. 76 FR 6171 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

    Science.gov (United States)

    2011-02-03

    ... International Law (ACPIL): Public Meeting on Family Law The Department of State, Office of Legal Adviser, Office of Private International Law would like to give notice of a public meeting to discuss preparations for the upcoming Special Commission of the Hague Conference on Private International Law on the 1980...

  19. 77 FR 52784 - U.S. Department of State Advisory Committee on Private International Law: Notice of Annual Meeting

    Science.gov (United States)

    2012-08-30

    ... Choice of Court Agreements; international contract law; developments in major PIL organizations... International Law: Notice of Annual Meeting The Department of State's Advisory Committee on Private International Law (ACPIL) will hold its annual meeting on developments in private international law on Thursday...

  20. Femminismo e Islam

    Directory of Open Access Journals (Sweden)

    Fehmi Jadaane

    2011-01-01

    Full Text Available Feminism and Islam - This article describes new developments in Islamic feminism. In the XIX Century of the Enlightenment, the idea of acknowledging sexual equality started a reform movement which put the question of women’s rights at the center. With the intensification of migratory movements and globalization, this debate has gone beyond the borders of Muslim countries, and now also involves western society. This paper discusses different Islamic feminist views with respect to the question of women rights. The author argues for the necessity of developing a new hermeneutic approach to the Koran in order to give rise to an enlightened, rational, egalitarian and humanistic Islam.

  1. 45 CFR 302.70 - Required State laws.

    Science.gov (United States)

    2010-10-01

    ... in § 303.101 of this chapter; (3) Procedures for obtaining overdue support from State income tax... provisions, the same materials, the same evaluation methods, and the same training for the personnel of these... § 303.104 of this chapter. (d)(1) Exemption. A State may apply for an exemption from any of the...

  2. BIAS GENDER DALAM KONSTRUKSI HUKUM ISLAM DI INDONESIA

    Directory of Open Access Journals (Sweden)

    Solikul Hadi

    2016-03-01

    Full Text Available Keluarga merupakan unit terkecil dari masyarakat.Pengaturan peran laki-laki dan perempuan dalamkeluarga berdampak pada peran dan kedudukannya dalam masyarakat. Rumusan dalam Kompilasi Hukum Islam (KID yang membedakan peran perempuan dan laki Iaki perlu  dikritisi.Pembagian peran di dalam Kompilasi Hukum Islam (KHl yang sangat patriarkis dalam banyak hal cenderung banyak diilhami oleh aturan aturan jauh sebelumnya yang bersifat diskriminati.  Ditingkat nasional, pemerintah Indonesia pada tahun 1974melakukan reformasi hukum keluarga berupa Undang Undang Perkawinan Nomor 1/1974 yang kemudian dilengkapi dengan Kompilasi Hukum Islam. Pada aturanfornal pemerintah itu, dapat ditemukan sejumlah normayang ambivalen. Di satu pihak pemerintah mengakuilegal capacity kaum perempuan, di satu pihak justru mengukuhkan peranan berdasarkan jenis kelamin (sexroles dan stereotype terhadap perempuan dan laki laki dengan membagi secara kaku, peran perempuan di sektor domestik dan peran laki-Iaki di sektor publik. Kata Kunci: Rekonstruksi, Gender, Kompilasi Hukum Islam   The family is the smallest unit of society. Setting theroles of men and women in the family have an impact onthe role and position in society. The formulation in theCompilation of Islamic Law which distinguish the roleof women and male-to be scrutinized. The division ofroles in the Compilation of Islamic Law very patriarchalin many cases tend to more or less inspired by the rulesahead of time that is diskriminati. At the national level,the Indonesian government in 1974 to reform familylaws such as the Marriage Law No. 1/1974 which wasthen fitted with Islamic Law Compilation. Fornal on therules of the government, can be found a number of normswere ambivalent. On the one hand it recognizes the legalcapacity of women, on the one hand it confirms the roleof gender (sex roles and stereotypes of women and menby dividing rigidly, the role of women in the domestiksector and the role of male-in the public

  3. Posthumous Assisted Reproduction from Islamic Perspective

    Directory of Open Access Journals (Sweden)

    Reza Omani Samani

    2008-01-01

    Full Text Available Rapid development in assisted reproductive techniques along with relieving the pain of childlessnesshas brought new ethical and policy dilemmas. Posthumous assisted reproduction is the mostchallenging, difficult and sensitive issue to be discussed ethically and religiously. In this paper theacceptability of the posthumous reproduction in Islamic contexts is evaluated and major concernslike Consent and ownership of the gametes after death, Family and Marriage vision and Welfareof the child are discussed together with some international legislation. We can conclude that uponIslamic vision to assisted reproductive techniques as treatment of families and relieving the seriousproblem of childlessness, posthumous assisted reproduction is unacceptable even with previouslyfrozen gametes or embryos. Also, Islamic vision to marriage, consent and welfare of the childconfirms the unacceptability. There must be some law or legislation to ban this procedure in Islamiccontexts.

  4. Pengaruh Orientalis terhadap Liberalisasi Pemikiran Islam

    Directory of Open Access Journals (Sweden)

    Abbas Mansur Tammam

    2016-03-01

    Full Text Available The liberalization of Islamic thought, which is considered and proclaimed as “renewal of Islamic thought,” did not come from the core concepts of Islam, it came from the outside of Islamic concepts (read: Western. Initially, the Western-Christian liberalism is an extension of the sophism, with ever implicated in Greece. Among the important figures is Heraclitus, Democritos and Protagoras. Although they received fierce opposition from Socrates, Plato and Aristotle, but liberalism got a new fresh air in the heyday of the Roman. This sophism trend, later gave birth to the relativism of truth, which is also the spirit of liberalism itself. Worse, liberalism was brought to Islam, the emergence of which can be traced to the Arabian Peninsula, Albania, and Syria. While in Egypt, Sultan Abdul Hamid II gave a note that a few Egyptian stunned with Western ideas, taking liberalism as a way of salvation. By using justifications of Qur’anic verses and hadiths, interpreted unilaterally, the liberalist thought was a tajdid to Islamic thought. The spirit (power of liberalism is in the distribution process of using old methods, that is the tradition of orientalism, misionarism, and imperialism. The basis of liberalist support can be traced to some of the states concerned with it, such as the United States, Britain and France. Finally, this simple article will briefly try to uncover how this all happened.

  5. PRIVATE LAW EFFECTS OF THE NON-RECOGNITION OF STATES' EXISTENCE AND TERRITORIAL CHANGES

    Directory of Open Access Journals (Sweden)

    Ioan-Luca VLAD

    2015-07-01

    Full Text Available The study presents an outline of the effects in private law (including private international law of the non-recognition of a state or a change of territory. Specifically, it addresses the question of what measures can another state take, in the field of private law, in order to give effect to its policy of not recognizing a state or a territorial annexation, and, in parallel, what are the means available to private parties with links to the unrecognized state or territory. The study is structured in two parts, namely 1 the effects in private law of the non-recognition of a state; and 2 the effect in private law of the non-recognition of an annexation of territory. I will make specific references in particular to the situation in Transnistria and Crimea, as examples of the two issues being addressed. The study intends to be a guide of past and present state practice at the legislative and judicial level, as well as presenting the connections between instruments of public international law, such as Sanctions Resolutions of the UN Security Council, and normative instruments of private law, such as rules of civil procedure, which must adapt to the policy of non-recognition adopted by (or imposed on states. The study also presents specific examples of situations or administrative practices which create practical problems, and result from the existence of a non-recognized entity or change of territory: issues like air traffic coordination, postal traffic, the change in the official currency of a territory, questions of citizenship etc., the aim being to present the reader with a full picture of the issues and intricacies resulting from irregularities existing at the level of the international community of states.

  6. Weaker gun state laws are associated with higher rates of suicide secondary to firearms.

    Science.gov (United States)

    Alban, Rodrigo F; Nuño, Miriam; Ko, Ara; Barmparas, Galinos; Lewis, Azaria V; Margulies, Daniel R

    2018-01-01

    Firearm-related suicides comprise over two-thirds of gun-related violence in the United States, and gun laws and policies remain under scrutiny, with many advocating for revision of the regulatory map for lawful gun ownership, aiming at restricting access and distribution of these weapons. However, the quantitative relationship between how strict gun laws are and the incidence of firearm violence with their associated mortality is largely unknown. We therefore, sought to explore the impact of firearm law patterns among states on the incidence and outcomes of firearm-related suicide attempts, utilizing established objective criteria. The National Inpatient Sample for the years 1998-2011 was queried for all firearm-related suicides. Discharge facilities were stratified into five categories (A, B, C, D, and F, with A representing states with the most strict and F representing states with the least strict laws) based on the Brady Campaign to prevent Gun Violence that assigns scorecards for every state. The primary outcomes were suicide attempts and in-hospital mortality per 100,000 populations by Brady state grade. During the 14-year study period, 34,994 subjects met inclusion criteria. The mean age was 42.0 years and 80.1% were male. A handgun was utilized by 51.8% of patients. The overall mortality was 33.3%. Overall, 22.0% had reported psychoses and 19.3% reported depression. After adjusting for confounding factors and using group A as reference, there were higher adjusted odds for suicide attempts for patients admitted in group C, D, and F category states (1.73, 2.09, and 1.65, respectively, all P gun laws, and these injuries tend to be associated with a higher mortality. Efforts aimed at nationwide standardization of firearm state laws are warranted, particularly for young adults and suicide-prone populations. III. Trauma Outcomes study. Copyright © 2017 Elsevier Inc. All rights reserved.

  7. Decision-making authority and substance abuse treatment for adolescents: a survey of state laws.

    Science.gov (United States)

    Lallemont, Tori; Mastroianni, Anna; Wickizer, Thomas M

    2009-04-01

    State laws concerning decision-making authority for voluntary inpatient substance abuse (SA) treatment of minors may be a potential barrier to appropriate treatment. We sought to identify and classify relevant laws related to the provision of voluntary inpatient SA treatment to adolescents 12 to 17 years (minors) as an exploratory assessment to improve understanding of how these laws might affect treatment decisions. In summer 2006, we conducted a survey of statutes, regulations, and legal cases in the 50 states and the District of Columbia regarding the authority of parents (or guardians) and minors to make treatment decisions for voluntary inpatient SA treatment. All 50 states have laws applicable to voluntary inpatient SA treatment for adolescents, and the laws vary significantly throughout the nation. If a minor and parent disagree about SA treatment, some states defer to the decision-making authority of the minor, whereas other states defer to the parent. Most significantly, the majority of states fail to specify whether the minor's or the parent's decision will control in the event of a conflict. The lack of clarity in state laws regarding decision-making authority for voluntary inpatient SA treatment of minors may create a potential barrier to treatment for adolescents, especially those with more serious SA problems. This lack of clarity could lead to confusion among parents, adolescents, healthcare professionals, and treatment facilities, and ultimately could result in a failure to treat adolescents in need of medical attention. Policymakers should ensure that state laws clearly specify procedures to enable treatment if a conflict arises between adolescents and parents, including procedures to ensure that the due process rights of adolescents are protected.

  8. Radioactive waste management: a summary of state laws and administration. Revision 3

    International Nuclear Information System (INIS)

    1984-02-01

    This is the third update of Radioactive Waste Management: A Summary of State Laws and Administration. It completely replaces the second update (15 July 1983). The updated report covers the administration, the legislature and the laws in the 50 states related to radioactive waste. The report for each state is divided into four sections: Cover Page; Administrative; Legislative; and Applicable Legislation. The cover page indicates whether or not it is an Agreement State, the low-level waste compacts in which the state is listed as an eligible state, and the high-level waste repository site screening regions in which the state or a portion of it is located. Included under the compacts is a description of what the state has done or currently plans to do, as well as the compact status of other eligible states in the region. In general, the information in this report is accurate as of January 1, 1984

  9. State Fragility and Structural Gender Inequality in Family Law: An Empirical Investigation

    Directory of Open Access Journals (Sweden)

    Donna Lee Bowen

    2015-10-01

    Full Text Available In this paper we examine the linkage of male-dominant family law systems and levels of nation-state security and stability. We expect such societies to be predisposed to parasitical rent-seeking and inefficiency, combined with coercive conflict resolution, resulting in higher levels of violence within the society. We demonstrate empirically that states with inequitable family law also exhibit higher levels of state fragility. Using standard indicators of state stability and security, our empirical results show that the ability to predict levels of state stability and security is significantly enhanced by examining a measure of Inequity in Family Law in addition to more conventional explanatory variables such as literacy rate, level of democracy, and civilizational influence.

  10. Consumer bankruptcy law for Ethiopia: Lessons from United States ...

    African Journals Online (AJOL)

    After deregulation of consumer credit and resultant availability, ... Germany, United States, United Kingdom and France are some of the countries ... social insurance, development policy and rehabilitative function of discharge and fresh start.

  11. Relasi Fiqh Muamalat dengan Ekonomi Islam

    Directory of Open Access Journals (Sweden)

    Zainil Ghulam

    2016-10-01

    Full Text Available Association of human society, will lead to personal interests for the sake of self-sufficient. From this will be born the rights and obligations that must be observed as a result of the fulfillment of human life necessities. Every human being bears the rights and obligations of each. Therefore, the association's rights and obligations should be regulated in accordance with the law and order that is clearly not harm each other. For example, every human being must be in need of property or the property of others. To meet these needs, the emerging practice of barter (exchange of goods, then buying and selling directly and are now developing more advanced such as e-commerce. Practices such as these need standards clear law to protect the rights and obligations of each. From here, the Muslim scholars to formulate diligence "rules of the game" are clear and properly conforming the Islamic Sharia, known as Fiqh Muamalat. In Islam, the fundamental philosophy of Islamic Economics is unity of god (Sura 39:38. The concept of monotheism confirms that Allah is the One mighty One, the creator of all beings. Human beings as creatures are derived from the same creation and discount equal rights and obligations as a vicegerent on earth. Thus, in Islamic Economics unknown economic strata, because the principle is the equitable distribution of economic resources for the benefit of human life and the universe. Humans as economic beings (homo economicus will certainly study the economy as part of his behavior to meet their needs in accordance with the principles prisnip human interaction. Therefore, the pattern of interaction between people (read: Muamalat in economic practice (Islam, it can be concluded that the real Islamic economic is part of the Fiqh Muamalat.

  12. Mapping medical marijuana: state laws regulating patients, product safety, supply chains and dispensaries, 2017.

    Science.gov (United States)

    Klieger, Sarah B; Gutman, Abraham; Allen, Leslie; Pacula, Rosalie Liccardo; Ibrahim, Jennifer K; Burris, Scott

    2017-12-01

    (1) To describe open source legal data sets, created for research use, that capture the key provisions of US state medical marijuana laws. The data document how state lawmakers have regulated a medicine that remains, under federal law, a Schedule I illegal drug with no legitimate medical use. (2) To demonstrate the variability that exists across states in rules governing patient access, product safety and dispensary practice. Two legal researchers collected and coded state laws governing marijuana patients, product safety and dispensaries in effect on 1 February 2017, creating three empirical legal data sets. We used summary tables to identify the variation in specific statutory provisions specified in each state's medical marijuana law as it existed on 1 February 2017. We compared aspects of these laws to the traditional Federal approach to regulating medicine. Full data sets, codebooks and protocols are available through the Prescription Drug Abuse Policy System (http://www.pdaps.org/; Archived at http://www.webcitation.org/6qv5CZNaZ on 2 June 2017). Twenty-eight states (including the District of Columbia) have authorized medical marijuana. Twenty-seven specify qualifying diseases, which differ across states. All states protect patient privacy; only 14 protect patients against discrimination. Eighteen states have mandatory product safety testing before any sale. While the majority have package/label regulations, states have a wide range of specific requirements. Most regulate dispensaries (25 states), with considerable variation in specific provisions such as permitted product supply sources number of dispensaries per state and restricting proximity to various types of location. The federal ban in the United States on marijuana has resulted in a patchwork of regulatory strategies that are not uniformly consistent with the approach usually taken by the Federal government and whose effectiveness remains unknown. © 2017 Society for the Study of Addiction.

  13. ARSITEKTUR ISLAM ATAU ARSITEKTUR ISLAMI?

    Directory of Open Access Journals (Sweden)

    Sativa Sativa

    2011-01-01

      ABSTRACT. It has been regarded, there are so many discussion and study of Islamic architecture, particularly among academics and practitioners. Most of the discussion focuses on aspects of form, style, historical relics and other things that are considered physical is part of the culture of Muslims. Meanwhile, some people feel that the real Islam is not enough just realized with the physical aspect only. Currently, growing discourse about Islamic architecture which tends to emphasize Islamic values rather than physical typology of product architecture. In this matter, the author referred to it as Islamic Architecture. This paper is aimed to discover how extend to which the differences between two thinking about Islam Architecture and Islamic Architecture, and to find out the aspects which influence in Islamic Architecture product planning, through the study of various sources of the Qur'an and hadith, books, journals, and several articles, in addition to analysis of the author's own thoughts. From those studies it was found that a discussion of Islam architecture is very different from Islamic architecture. Islam architecture emphasizes the physical aspects of the built environment, while Islamic architecture is more advanced on Islamic values which root on Al Quran and hadith or sunnah of the Prophet. Aspects of Islamic architecture that need to be developed is efficiency, egalitarian, privacy and genius loci.   Keywords : Islam Architecture, Islamic Architecture, Islamic values

  14. Markets: State Franchise Laws, Dealer Terminations, and the Auto Crisis

    OpenAIRE

    Francine Lafontaine; Fiona Scott Morton

    2010-01-01

    In fall 2008, General Motors and Chrysler were both on the brink of bankruptcy, and Ford was not far behind. As the government stepped in and restructuring began, GM and Chrysler announced their plan to terminate about 2,200 dealerships. In this paper, we first provide an overview of franchising in car distribution, how it came about, and the legal framework within which it functions. States earn about 20 percent of all state sales taxes from auto dealers. As a result, new car dealerships, an...

  15. The flaws in state 'apology' and 'disclosure' laws dilute their intended impact on malpractice suits.

    Science.gov (United States)

    Mastroianni, Anna C; Mello, Michelle M; Sommer, Shannon; Hardy, Mary; Gallagher, Thomas H

    2010-09-01

    Apologies are rare in the medical world, where health care providers fear that admissions of guilt or expressions of regret could be used by plaintiffs in malpractice lawsuits. Nevertheless, some states are moving toward giving health care providers legal protection so that they feel free to apologize to patients for a medical mistake. Advocates believe that these laws are beneficial for patients and providers. However, our analysis of "apology" and "disclosure" laws in thirty-four states and the District of Columbia finds that most of the laws have major shortcomings. These may actually discourage comprehensive disclosures and apologies and weaken the laws' impact on malpractice suits. Many could be resolved by improved statutory design and communication of new legal requirements and protections.

  16. The Dynamics of Marriage Law and Custom in the United States

    Directory of Open Access Journals (Sweden)

    Elizabeth Ann Wilson Whetmore

    2013-02-01

    Full Text Available This article examines changes in marriage laws and related cultural norms and values in the United States across the last several decades, and discusses correlating worldview shifts. It appears that the “traditional” worldview produced earlier laws, cultural norms and values, and changes to these have corresponded with a cultural worldview shift, first into “modernism” and then towards “postmodernism.” The implications of these worldview shifts for ongoing change to marriage law and custom are also analyzed.

  17. Fundamental Laws of the State: The Spanish Constitution.

    Science.gov (United States)

    Ministerio de Informacion y Turismo, Madrid (Spain).

    This political document is introduced by the head of the Spanish State, His Excellency Don Francisco Franco Bahamonde in a speech given on 22 November 1966 to the session of the Spanish Cores. The speech outlines in general terms the political and philosophical ideals of His Excellency. The Constitution is presented in several sections including:…

  18. Irreversible thermodynamics, parabolic law and self-similar state in grain growth

    International Nuclear Information System (INIS)

    Rios, P.R.

    2004-01-01

    The formalism of the thermodynamic theory of irreversible processes is applied to grain growth to investigate the nature of the self-similar state and its corresponding parabolic law. Grain growth does not reach a steady state in the sense that the entropy production remains constant. However, the entropy production can be written as a product of two factors: a scale factor that tends to zero for long times and a scaled entropy production. It is suggested that the parabolic law and the self-similar state may be associated with the minimum of this scaled entropy production. This result implies that the parabolic law and the self-similar state have a sound irreversible thermodynamical basis

  19. Islam in Europe

    DEFF Research Database (Denmark)

    Nielsen, Jørgen Schøler

    2008-01-01

    A discussion of various approaches to Islam and Muslims in Europe in seven books published in the USA and the UK between 2005 and 2007.......A discussion of various approaches to Islam and Muslims in Europe in seven books published in the USA and the UK between 2005 and 2007....

  20. Mohammad Shahidul Islam

    Indian Academy of Sciences (India)

    Mohammad Shahidul Islam. Articles written in Journal of Chemical Sciences. Volume 127 Issue 9 September 2015 pp 1547-1556. Molecular structure investigation and tautomerism aspects of ()-3-benzylideneindolin-2-one · Assem Barakat Abdullah Mohammed Al-Majid Mohammad Shahidul Islam M Ali Saied M Soliman ...

  1. Engaging with Islamic Patterns

    Science.gov (United States)

    Sugarman, Ian

    2012-01-01

    Islamic patterns were a regular feature in mathematics classrooms, and probably still feature in many wall displays. However, as part of the learning process, these ancient designs appear to have lost any significant contemporary appeal. Here, the power of software is engaged to bring the construction of Islamic type patterns up to date. Forget…

  2. Los animales en los textos sagrados del Islam

    Directory of Open Access Journals (Sweden)

    Aurora Ribagorda Calasanz

    1999-01-01

    Full Text Available A través de los textos sagrados del Islam, fundamentalmente el Corán y la Sunna, este trabajo quiere subrayar la importancia del animal en el contexto religioso islámico. También se consideran las interpretaciones de la ley y el pensamiento jurídico de las diferentes escuelas, con especial atención al derecho islámico en al- Andalus. Finalmente se aborda el problema de la creación artística y la representación figurativa de seres vivos bajo el punto de vista de su fundamento jurídico y religioso. La conclusión remitirá a un hecho: la indisoclabllidad entre hombre y animal en el mundo islámico.Studying the sacred tests of Islam, bassicaily the Koran and the Sunna, this work Intends to show the important role of the animáis in the worid of islamic religión. Considerations are also made about this role in regard with the islamic laws and its different interpretations and judicial doctrines foilowing the differents schools. Special Interest is brought to the islamic law in al-Andalus. Finally this work deals with artistic creation and representation oflive beings submitted to the religious and judicial rules of Islam. A conclusión wiil be underlined: the very closed links between men and animáis in the islamic world.

  3. PEMIKIRAN ISLAM KONTEMPORER ABDULLAH SAEED DAN IMPLEMENTASINYA DALAM PERSOALAN MURTAD

    Directory of Open Access Journals (Sweden)

    Ach. Musif

    2015-06-01

    Full Text Available Western media coverage on Islam and especially on terror attacks by Muslims has been exaggerated and pejorative. This stereotyping has portrayed Islam as problems. First, Islam is seen as sluggish in responding modernity and the advance of science and knowledge so it always lacks behind the West. Second, Islam is associated with extremism and terrorism which are incompatible with the West. Therefore, the emergence of rational thinking and cosmopolitan approach to Islam promoted by Muslim reformists, such as Abdullah Saeed, are very urgent to encounter such stereotype and discourse on Islam in the West. This article examines Saeed’s method called “progressive Islam”.  By taking one example of conversion (murtād, this article elucidates how the method of ijtihād progressive is applied in one of the most controversial topics in Islamic law. This study shows that the law on murtād, as it was introduced by classical Muslim jurists, is now adopted by Muslim countries. However, such adoption does not have a sound ground on the Qur’anic texts and the Sunnah.

  4. The current state of Contract Law in Australia and why it is important for rural managers to understand it

    OpenAIRE

    Smith, Tony

    2011-01-01

    Farmers are business managers and as such they must understand the law or they are likely to fall foul of it. This especially applies to contract law, with which they deal constantly. Contract law is made up of the common law – as the courts have decided it – and statute law- as the state and federal parliaments have enacted statutes which modify the common law. The most important and most recent of the latter is the new Australian Consumer Law.

  5. State and supplementary civil liability insurance: the example of swiss nuclear liability law

    International Nuclear Information System (INIS)

    Buehlmann, W.A.

    1993-01-01

    This paper describes State guarantee and nuclear liability insurance which has been established, in Switzerland, after the vote of the law of 18 march 1983: Civil liability of nuclear operator has no limitations for nuclear damages compensations. The coverage is given by private insurance and State guarantee. 1 tab

  6. 22 CFR 92.92 - Service of legal process under provisions of State law.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Service of legal process under provisions of... AND RELATED SERVICES Quasi-Legal Services § 92.92 Service of legal process under provisions of State law. It may be found that a State statue purporting to regulate the service of process in foreign...

  7. 12 CFR 617.7630 - Does this Federal requirement affect any state property laws?

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 6 2010-01-01 2010-01-01 false Does this Federal requirement affect any state property laws? 617.7630 Section 617.7630 Banks and Banking FARM CREDIT ADMINISTRATION FARM CREDIT SYSTEM BORROWER RIGHTS Right of First Refusal § 617.7630 Does this Federal requirement affect any state property...

  8. Trends in State and Federal land use law relating to inventories, monitoring and evaluation

    Science.gov (United States)

    Lamb, C. M.

    1974-01-01

    A description and analysis of selected State and Federal laws relating to land use inventories, monitoring, and evaluation is presented. Legal requirements and information systems for land use in the following states are reviewed: Colorado, Delaware, Florida, Hawaii, Indiana, Kansas, Maine, Mississippi, Missouri, Oklahoma, Pennsylvania, Tennessee, Utah, Vermont, and West Virginia.

  9. Review and Analysis of Laws Related to Strangulation in 50 States

    Science.gov (United States)

    Laughon, Kathryn; Glass, Nancy; Worrell, Claude

    2009-01-01

    Nonlethal strangulation of intimate partners has substantial direct health effects and is associated with an increased risk of later lethal violence by a partner or ex-intimate partner but can be difficult to prosecute under felony assault statutes. After review of state laws regarding assault, the authors identified 10 states with specific…

  10. Concussion Law Compliance: The Allocation of Time, Resources, and Money in a Rural Western State

    Science.gov (United States)

    Faure, Caroline; Moffit, Dani M.; Schiess, Kurt

    2015-01-01

    Secondary schools across the United States that sponsor extracurricular athletic programs are challenged to comply with recent laws that require concussion education and appropriate concussion management. This study examined one rural state's efforts by illustrating both the successes and challenges that secondary schools faced. The findings…

  11. The Impact of Federal Preemption of State Antipredatory Lending Laws on the Foreclosure Crisis

    Science.gov (United States)

    Ding, Lei; Quercia, Roberto G.; Reid, Carolina K.; White, Alan M.

    2012-01-01

    State antipredatory lending laws (APLs) are designed to protect borrowers against predatory lending that can increase the risk of default and deplete the home equity held by borrowers. Federal regulators instituted preemption that limited the scope and reach of state antipredatory lending regulations for certain lenders. Based on the variation in…

  12. Islamic electronic trading platform on organized exchange

    Directory of Open Access Journals (Sweden)

    Ahmet Suayb Gundogdu

    2016-12-01

    Full Text Available Today Islamic finance industry is under severe criticism, particularly, concerning liquidity management practices of treasury departments. Since cash lending is not possible under Islamic Shari'ah, Islamic banks tend to use securitized asset related schemes which are by no means neither acceptable under Islamic finance jurisprudence nor compliant with Maqasiq Al-Shari'ah. Maqasid Al-Shariah oversees economic activities which produce wealth and prosperity for all members of society to empower any member with certain level of belongings to bestow freedom while condemning inequality. Under this wider aim of Maqasid Al-Shari'ah, this paper presents alternative state-of-art Shari'ah compliant products, which is used in international trade finance, to be migrated to electronic trading platform under organized exchange in pursuit of replacing controversial liquidity management products. Besides, this paper introduces Islamic Commodity Future Contract, derived from asset backed Murabaha, with physical delivery as an alternative liquidity management tool for Islamic FIs and hedging tool for companies.

  13. Tujuan Pendidikan Islam

    Directory of Open Access Journals (Sweden)

    Imam Syafe'i

    2015-11-01

    Full Text Available There are three basic components of human innate. These components are body, spirit, and mind. One is the body, which is developed according to sunatullah means that if humans consume enough food nutrition it will grow like plants and other creatures. While the spirit and the senses evolved to explore themselves through the process of education. The body, the spirit, and the mind is a unity of whole and round and indivisible. According to Jalaluddin the purpose of Islamic education should be formulated from the philosophical value contained in the philosophy of Islamic education. The purpose of Islamic education is identical with the goal of Islam itself. According to Abdurrahman Saleh Abdullah, there are three main objectives of Islamic education, namely that physical objectives (ahdaf al-jismiyyah, spiritual causes (ahdaf a, ruhiyyah-education, and mental objectives (ahdaf al-aqliyyah.

  14. State laws and the provision of family planning and abortion services in 1985.

    Science.gov (United States)

    Sollom, T; Donovan, P

    1985-01-01

    65 laws relating to fertility were enacted by the 49 state legislatures that held sessions in 1985. This was the largest enacted since 1973, and the 2nd largest total since. Some of the 1985 abortion laws are designed to protect abortion rights. Several states in the US took action to severely punish the perpetrators of violence against abortion clinics. Lesislation dealing with the delivery of family planning services was subjected to public funding restrictions in 1985. Attempts have been made recently on the federal level to prevent Title X recipients from being provided with information on abortion in their pregnancy counseling sessions. These actions are similar to some of the state laws attempting to reach the same end. Many states included funds for family planning in general appropriations bills. Differences among legislators regarding the right of minors to consent to reproductive health care have led to 2 patterns of response: 1) affirmation of the right of minors to receive family planning services on their own consent; or 2) laws mandating parental involvement in a minor's abortion decision. The most troubling aspect of the fertility related legislation endated in 1985 is the effort by a number of legislatures to attach restrictions on abortion counseling and referral to family planning appropriations bills. In 1985, state laws were enacted to regulate the disposal of fetal remains, to prohibit the use of fetal remains for commercial purposes and to impose criminal sanctions for causing the miscarriage of a fetus during a felony.

  15. Suicide Rates and State Laws Regulating Access and Exposure to Handguns.

    Science.gov (United States)

    Anestis, Michael D; Anestis, Joye C

    2015-10-01

    Using previous research, we examined the impact of 4 handgun laws (waiting periods, universal background checks, gun locks, and open carrying regulations) on suicide rates. We used publicly available databases to collect information on statewide laws, suicide rates, and demographic characteristics for 2013. Each law was associated with significantly lower firearm suicide rates and the proportion of suicides resulting from firearms. In addition, each law, except for that which required a waiting period, was associated with a lower overall suicide rate. Follow-up analyses showed a significant indirect effect on overall suicide rates through the proportion of suicides by firearms, indicating that the reduced overall suicide rate was attributable to fewer suicide attempts, fewer handguns in the home, suicide attempts using less lethal means, or a combination of these factors. States that implemented any of these laws saw a decreased suicide rate in subsequent years, whereas the only state that repealed 1 of these laws saw an increased suicide rate. Our results were supportive of a potentially vital role in suicide prevention for state legislation that limits access and exposure to handguns.

  16. European Non-Discrimination Law : A Comparison of EU Law and the ECHR in the Field of Non-Discrimination and Freedom of Religion in Public Employment with an Emphasis on the Islamic Headscarf Issue

    NARCIS (Netherlands)

    Speekenbrink, S.

    2012-01-01

    Contemporary multicultural issues in Europe raise the question whether the overlap between the non-discrimination regimes of the European Union (EU) and the Council of Europe in the field of public employment may lead to conflicting case law. Would the Court of Justice of the European Union (ECJ)

  17. Transgendered Prisoners in the United States: A Progression of Laws

    OpenAIRE

    Alexander, Rudolph

    2013-01-01

    In 1976, prisoners acquired the right to medical treatment from the U.S. Supreme Court through the Eighth Amendment to the United States Constitution, which forbade, in part, cruel and unusual punishment. The following year, a Fourth Circuit Court of Appeals ruled that medical treatment included psychiatric or mental health treatment. These rulings applied to general prisoners, but not initially prisoners who suffered from gender identity disorder. Courts ruled then that gender identity disor...

  18. Implementing Islamic microfinance in Nigeria: a matter of equity and ...

    African Journals Online (AJOL)

    Journal of Sustainable Development Law and Policy (The) ... In the country, funding for small-scale businesses is available from both the government and the private sector. ... Keywords: Islamic microfinance; social development, distributive justice; indirect discrimination; constitutional law/human right, capability approach ...

  19. Arti dan Makna Kebenaran Ilmiah dalam Telaah Hukum Islam

    OpenAIRE

    Gazali HB, Ahmad

    2013-01-01

    This writing is the description about the scientific truth of the Islamic Law, or in the Islamic science treasury is called Fiqh. Through the scientific process, we can find out lots theories of truths, for instant the correspondent, coherent, pragmatic, syntactic, semantic, non descriptive and over logic truth. Toward those theories of truth, there are three approach methodologies that we can apply to get them. The first methodology is the religious approach, the second one is the scientific...

  20. Islamic Social Reporting in Islamic Banking: Stakeholders Theory Perspective

    Directory of Open Access Journals (Sweden)

    Meutia Inten

    2017-01-01

    Full Text Available This research aims to compare the level of Corporate Social Responsibility disclosure on Islamic banking in Indonesia and Malaysia. Using data from annual report in seven public Islamic banks in Indonesia and seven public Islamic banks in Malaysia, this research find that the level ISR of Islamic banking in Indonesia are better than the level ISR of Islamic banking in Malaysia. There were significant differences between the two groups were observed with respect to the all theme of reporting.

  1. Civil law

    NARCIS (Netherlands)

    Hesselink, M.W.; Gibbons, M.T.

    2014-01-01

    The concept of civil law has two distinct meanings. that is, disputes between private parties (individuals, corporations), as opposed to other branches of the law, such as administrative law or criminal law, which relate to disputes between individuals and the state. Second, the term civil law is

  2. Falling short: how state laws can address health information exchange barriers and enablers.

    Science.gov (United States)

    Schmit, Cason D; Wetter, Sarah A; Kash, Bita A

    2018-06-01

    Research on the implementation of health information exchange (HIE) organizations has identified both positive and negative effects of laws relating to governance, incentives, mandates, sustainability, stakeholder participation, patient engagement, privacy, confidentiality, and security. We fill a substantial research gap by describing whether comprehensive state and territorial HIE legal frameworks address identified legal facilitators and barriers. We used the Westlaw database to identify state and territorial laws relating to HIEs in effect on June 7, 2016 (53 jurisdictions). We blind-coded all laws and addressed coding discrepancies in peer-review meetings. We recorded a consensus code for each law in a master database. We compared 20 HIE legal attributes with identified barriers to and enablers of HIE activity in the literature. Forty-two states, the District of Columbia, and 2 territories have laws relating to HIEs. On average, jurisdictions address 8.32 of the 20 criteria selected in statutes and regulations. Twenty jurisdictions unambiguously address ≤5 criteria in statutes and regulations. None of the significant legal criteria are unambiguously addressed in >60% of the 53 jurisdictions. Laws can be barriers to or enablers of HIEs. However, jurisdictions are not addressing many significant issues identified by researchers. Consequently, there is a substantial risk that existing legal frameworks are not adequately supporting HIEs. The current evidence base is insufficient for comparative assessments or impact rankings of the various factors. However, the detailed Centers for Disease Control and Prevention dataset of HIE laws could enable investigations into the types of laws that promote or impede HIEs.

  3. Gerakan Filantropi Islam di Amerika

    Directory of Open Access Journals (Sweden)

    Fuad Hasyim

    2018-01-01

    Penelitian bertujuan untuk mengetahui perkembangan gerakan filantropi Islam di Amerika yang meliputi pembahasan tentang basis kelembagaan filantropi Islam dan kontribusinya terhadap solidaritas dan pemberdayaan umat Islam di Amerika. Penelitian ini adalah kajian literatur dengan menggunakan metode penelitian kualitatif dan pendekatan multidisiplin. Hasil penelitian menunjukan empat basis kelembagaan gerakan filantropi Islam di Amerika; yaitu masjid, lembaga pendidikan, etnis dan aliran atau madzhab pemikiran. Didapatkan pula fakta hubungan signifikan antara eksistensi lembaga filantropi Islam terhadap kebijakan politik pemerintah terkait isu radikalisme yang melekat pada umat Islam di Amerika. Kata Kunci : Amerika, Filantropi, Islam, Muslim

  4. 77 FR 4858 - Culturally Significant Objects Imported for Exhibition Determinations: “Byzantium and Islam: Age...

    Science.gov (United States)

    2012-01-31

    ... Determinations: ``Byzantium and Islam: Age of Transition (7th-9th Century)'' AGENCY: Department of State. ACTION... to the exhibition ``Byzantium and Islam: Age of Transition (7th-9th Century). The referenced notice... objects to be included in the exhibition ``Byzantium and Islam: Age of Transition (7th-9th Century...

  5. Mental Health Counseling in the Islamic Republic of Iran: A Marriage of Religion, Science, and Practice

    Science.gov (United States)

    Priester, Paul E.

    2008-01-01

    This article explores the state of mental health counseling in the Islamic Republic of Iran. Topics that are addressed include training of clinicians, theoretical developments in Islamic-based theories of psychology, and issues related to the practice of counseling. Counseling issues in the Islamic Republic of Iran are influenced by its unique…

  6. Islamic Education and Indoctrination: The Case in Indonesia. Routledge Research in Education

    Science.gov (United States)

    Tan, Charlene

    2011-01-01

    Islamic schools, especially "madrasahs", have been viewed as sites of indoctrination for Muslim students and militants. Some educators and parents in the United States have also regarded introductory courses on Islam in some public schools as indoctrinatory. But what do we mean by "indoctrination"? And is Islamic education…

  7. A survey on comparing the model of Hijab in students of State, Payame Noor and Islamic Azad Universities in different situations: The case study of Baft city-Kerman

    Directory of Open Access Journals (Sweden)

    Azita Salajegheh

    2012-04-01

    Full Text Available Hijab is one of the issue in social life which respected in all different communities since past. In this study a comparison was made among the students of State University, Payame Noor University and Islamic Azad University about the model of Hijab. The sample size was 180 students which 38. 9 % of students in State University, 38.3 % in Payame Noor University and 22. 8 % in Islamic Azad University were studying. The data gathered by a questionnaire and the data analyzed through statistical test. The results of the study indicated that there was significant relationship among the universities in terms of the model of Hijab among the students in different "situations" and "environments". The results showed that the students of Islamic Azad University had more inappropriate Hijab than the students of Payame Noor and State University in market and parties. The result also showed that the students of Payame Noor University had more inappropriate Hijab than the students of State University in market and parties. But the result showed that no significant relationship among three universities about the model of Hijab when the students are studying in universities. In public environments (without control and be unfamiliar. There is more inappropriate Hijab but in Universities it is not in this way. Because there is a control system in the universities to monitor students in order to have appropriate Hijab. The other reason for having appropriate Hijab in State University is that the students are expecting to obtain job than other students who study in Payame Noor University and Islamic Azad University.

  8. Association of State Recreational Marijuana Laws With Adolescent Marijuana Use.

    Science.gov (United States)

    Cerdá, Magdalena; Wall, Melanie; Feng, Tianshu; Keyes, Katherine M; Sarvet, Aaron; Schulenberg, John; O'Malley, Patrick M; Pacula, Rosalie Liccardo; Galea, Sandro; Hasin, Deborah S

    2017-02-01

    Historical shifts are occurring in marijuana policy. The effect of legalizing marijuana for recreational use on rates of adolescent marijuana use is a topic of considerable debate. To examine the association between the legalization of recreational marijuana use in Washington and Colorado in 2012 and the subsequent perceived harmfulness and use of marijuana by adolescents. We used data of 253 902 students in eighth, 10th, and 12th grades from 2010 to 2015 from Monitoring the Future, a national, annual, cross-sectional survey of students in secondary schools in the contiguous United States. Difference-in-difference estimates compared changes in perceived harmfulness of marijuana use and in past-month marijuana use in Washington and Colorado prior to recreational marijuana legalization (2010-2012) with postlegalization (2013-2015) vs the contemporaneous trends in other states that did not legalize recreational marijuana use in this period. Perceived harmfulness of marijuana use (great or moderate risk to health from smoking marijuana occasionally) and marijuana use (past 30 days). Of the 253 902 participants, 120 590 of 245 065(49.2%) were male, and the mean (SD) age was 15.6 (1.7) years. In Washington, perceived harmfulness declined 14.2% and 16.1% among eighth and 10th graders, respectively, while marijuana use increased 2.0% and 4.1% from 2010-2012 to 2013-2015. In contrast, among states that did not legalize recreational marijuana use, perceived harmfulness decreased by 4.9% and 7.2% among eighth and 10th graders, respectively, and marijuana use decreased by 1.3% and 0.9% over the same period. Difference-in-difference estimates comparing Washington vs states that did not legalize recreational drug use indicated that these differences were significant for perceived harmfulness (eighth graders: % [SD], -9.3 [3.5]; P = .01; 10th graders: % [SD], -9.0 [3.8]; P = .02) and marijuana use (eighth graders: % [SD], 5.0 [1.9]; P = .03; 10th graders

  9. Penelitian Islam: Dasar dan Filosofi

    Directory of Open Access Journals (Sweden)

    Abu Bakar Marzuki

    2017-03-01

    Full Text Available This article is a continued understanding of some thoughts delivered by the Islamic study experts. Actually, Islamic study orientation is still floating and it does not have a clear goal. Some parts of Islamic study is  model or a similar effort done by  orientalists in studying Islam, and in line with the vision and the mission starting from false conclusion about Islam. Therefore, Islamic study experts in the earlier awakening of Islam such as  Al-banna, al-maududi, Ismail Raji al Faruqi, Ziauddin sardar, and Muhammad Naquib al-Attas have offered various thoughts in implementing the framework of Islamic study in line with the vision and the mission of Islam so that their mindset becomes the basis for development of Islamic study. 

  10. Kitab Kuning: Warisan Keilmuan Ulama dan Kontekstualisasi Hukum Islam Nusantara

    Directory of Open Access Journals (Sweden)

    Damanhuri Damanhuri

    2017-12-01

    Full Text Available This article attempts to describe the existence of the Kitab Kuning (Arabic Book as a legacy of Islamic scholarship literacy which has an intellectual connection with earlier scholar and to see the contextualization of Islamic law in Nusantara. By Examining many library books related to the topic, including the work of Nusantara scholar, this article uses historical reviews and analyze it critically.The result shows that the existence of Kitab Kuning is not only to conserve and preserve the heritage of Islamic scholarship but also to be a signifier of one's intellectual capacity in understanding, interpreting and contextualizing the principles of Islamic law in order to respond social and cultural change. On the other hand, the contextualization of Islamic law in Nusantara is carried out in several ways; translating the works of jurisprudence, writing a commentary (syarḥ from a prominent jurisprudence and writing his own works by keep referring to the authoritative sources of the Islamic school of earlier scholarly work.

  11. New Literature on Law and Political Institutions in Indonesia

    Directory of Open Access Journals (Sweden)

    Karolina Prasad

    2012-01-01

    Full Text Available Reviews of new literature: Butt, Simon, and Tim Lindsey (2012, The Constitution of Indonesia: A Contextual Analysis Oxford: Hart Publishing (Constitutional Systems of the World Series, ISBN-13: 978-1849460187, 292 pages || Kimura, Ehito (2012, Political Change and Territoriality in Indonesia: Provincial Proliferation London: Routledge (Routledge Contemporary Southeast Asia Series, ISBN 9781136301810, 171 pages || Lindsey, Tim (2012, Islam, Law and the State in Southeast Asia: Volume I: Indonesia London – New York: Tauris I. B. (Islam, Law and the State in Southeast Asia Series, ISBN-13: 978-1848850651, 565 pages || Lukito, Ratno (2012, Legal Pluralism in Indonesia: Bridging the Unbridgeable London: Routledge (= Routledge Contemporary Southeast Asia Series 48, ISBN 9780415673426, 288 pages

  12. Letter: Can Islamic Jurisprudence Justify Procurement of Transplantable Vital Organs in Brain Death?

    Science.gov (United States)

    Rady, Mohamed Y

    2018-01-01

    In their article, "An International Legal Review of the Relationship between Brain Death and Organ Transplantation," in The Journal of Clinical Ethics 29, no. 1, Aramesh, Arima, Gardiner, and Shah reported on diverse international legislative approaches for justifying procurement of transplantable vital organs in brain death. They stated, "In Islamic traditions in particular, the notion of unstable life is a way to justify organ donation from brain-dead patients that we believe has not been fully described previously in the literature." This commentary queries the extent to which this concept is valid in accordance with the primary source of Islamic law, that is, the Quran. Copyright 2018 The Journal of Clinical Ethics. All rights reserved.

  13. Abandoned ideology how the Iranian revolution failed Islamic economics and embraced populism

    OpenAIRE

    Robinson, Kristopher A.

    2010-01-01

    Approved for public release; distribution is unlimited In the three decades since the Islamic revolution overturned the Pahlavi regime and ushered in the Islamic Republic, the world has seen the effects, not of Shi'a Islamic philosophy constituted as government, but more accurately of the personal vision of Ayatollah Khomeini regarding the state. While Khomeini promised the regime to be the embodiment of Islamic social justice, the reality was a failure to deliver a consistent philoso...

  14. Privacy of genetic information: a review of the laws in the United States.

    Science.gov (United States)

    Fuller, B; Ip, M

    2001-01-01

    This paper examines the privacy of genetic information and the laws in the United States designed to protect genetic privacy. While all 50 states have laws protecting the privacy of health information, there are many states that have additional laws that carve out additional protections specifically for genetic information. The majority of the individual states have enacted legislation to protect individuals from discrimination on the basis of genetic information, and most of this legislation also has provisions to protect the privacy of genetic information. On the Federal level, there has been no antidiscrimination or genetic privacy legislation. Secretary Donna Shalala of the Department of Health and Human Services has issued proposed regulations to protect the privacy of individually identifiable health information. These regulations encompass individually identifiable health information and do not make specific provisions for genetic information. The variety of laws regarding genetic privacy, some found in statutes to protect health information and some found in statutes to prevent genetic discrimination, presents challenges to those charged with administering and executing these laws.

  15. Posttraumatic Stress Disorder and Related Disorders among Female Yazidi Refugees following Islamic State of Iraq and Syria Attacks—A Case Series and Mini-Review

    Directory of Open Access Journals (Sweden)

    Inga Gerdau

    2017-12-01

    Full Text Available Following the severe attacks by the so-called “Islamic State of Iraq and Syria” on the Yazidi population, which started in summer 2014, the state government of Baden-Württemberg, Germany, funded a Special-Quota Project to bring 1,000 very ill or left-behind women and children who were being held hostage to 22 cities and towns in Baden-Württemberg to receive integrated care. Here, we report for the first time on the cases of four Yazidi women living in Ulm, Germany, focusing on the clinically observed and psychometrically assessed mental phenomena or disorders. Our primary aim was to explore what International Classification of Diseases, 10th Revision diagnoses are present in this population. Although highly traumatized, these women were suffering primarily from adjustment disorder rather than posttraumatic stress disorder according to official classification systems. Despite their symptoms of depression and anxiety, the women’s responses to self-assessment questionnaires provided no evidence of compulsion, somatization, or eating disorders. The results suggest that further investigation of the individual-level effects of rape and torture, as well the historic, systemic, and collective effects, e.g., on families and societies, is required.

  16. Relationship between licensing, registration, and other gun sales laws and the source state of crime guns.

    Science.gov (United States)

    Webster, D W; Vernick, J S; Hepburn, L M

    2001-09-01

    To determine the association between licensing and registration of firearm sales and an indicator of gun availability to criminals. Tracing data on all crime guns recovered in 25 cities in the United States were used to estimate the relationship between state gun law categories and the proportion of crime guns first sold by in-state gun dealers. In cities located in states with both mandatory registration and licensing systems (five cities), a mean of 33.7% of crime guns were first sold by in-state gun dealers, compared with 72.7% in cities that had either registration or licensing but not both (seven cities), and 84.2% in cities without registration or licensing (13 cites). Little of the difference between cities with both licensing and registration and cities with neither licensing nor registration was explained by potential confounders. The share of the population near a city that resides in a neighboring state without licensing or registration laws was negatively associated with the outcome. States with registration and licensing systems appear to do a better job than other states of keeping guns initially sold within the state from being recovered in crimes. Proximity to states without these laws, however, may limit their impact.

  17. The Dilemma of Islam as School Knowledge in Muslim Education

    Science.gov (United States)

    Thobani, Shiraz

    2007-01-01

    In the contemporary period, the persistence of the dual system of state and "madrasa" education in many Muslim countries has raised for policymakers the dilemma of what form Islam ought to assume as a pedagogic category in these contexts. At one extreme, in the syllabi of traditionalist "madrasas", we find Islam being deployed as an overarching…

  18. Communication Received from the Islamic Republic of Iran

    International Nuclear Information System (INIS)

    1992-01-01

    The text of a letter of 30 June 1992 from the Vice-President of the Islamic Republic of Iran and President of the Atomic Energy Organization of Iran was transmitted to the Director General by the Resident Representative of the Islamic Republic of Iran and is, as requested in the letter, being circulated for the information of all Member States in Annex 1

  19. Islamic Banking in Nigeria: Perceived Relative Advantage among ...

    African Journals Online (AJOL)

    We studied Islamic banking customers' segment using the religious groups in Awka, Anambra state, Nigeria to determine if there are significant differences in their mean perception of the relative advantage of Islamic banking concept. Crosstab was used to study the relationship between the demographic factors that made ...

  20. The Islamic psycho-social approach to alcoholism.

    Science.gov (United States)

    Abul Azayem, G M

    1979-01-01

    Alcoholism in Islamic countries has such a low incidence that it is not yet considered a serious public health problem of the Moslem states. The reason is that the precepts of Islam succeeded in reducing alcoholic dependence, and offer a unique example in prohibiting this social evil.