Are the Limitations on Remedies Fair? A Comparative Study Between the US Law and Islamic Law

2021 ◽  
Author(s):  
Fahad Aldossary
Keyword(s):  
Comparative Study ◽  
Islamic Law ◽  
The Us

COMPARATIVE STUDY ON GONO GINI'S ASSETS DUE TO A DEATH ACCORDING TO THE ISLAMIC LAW AND POSITIVE LAW

2019 ◽  
Vol 1 (1) ◽  
Author(s):  
Pardan Syafrudin
Keyword(s):  
Comparative Study ◽  
Common Property ◽  
Islamic Law ◽  
Positive Law ◽  
Community Property ◽  
Communal Property ◽  
Islamic Jurisprudence ◽  
Legal Restriction ◽  
The Common ◽  
Husband And Wife

The Common properties (community property) is an asset that the husband and wife acquired during the household lifes, which both of them is agree that after united through marriage bonds, that the property produced by one or both of them will be common property. It shows, that if there's an agreement between husband and wife before marriage (did not to unify their property), then the property produced both will not become a joint treasure. Thus, if a husband or wife dies, or divorces, then the property owned by both of them can be distributed in accordance with their respective shares, another case when the two couples are not making an agreement, then the property gained during marriage bonds can be divided into types of communal property. In Islamic law, this kind of treasure is not contained in the Qur'an or Sunnah. Nor in Islamic jurisprudence. However, Islamic law legalizes the existence of common property as long as it is applicable in a society and the benefit in the distribution of such property. In contrast to the positive law, this property types have been regulated and described in the Marriage Law, as well as the Islamic Law Compilations, which became the legal restriction in the affairs of marriage in force in Indonesia. In this study, the author tries to compile the existence of common property according to the Islamic law reviews and positive law.

Targeting Worship Places: “A Comparative Study on International Humanitarian Law and Islamic Law”.

2021 ◽  
Vol 39 (- 2) ◽  
Author(s):  
Syed Raza Shah Gilani ◽  
Muhammad Haroon Khan ◽  
Muhammad Haseeb
Keyword(s):  
Comparative Study ◽  
Islamic Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The World ◽  
Religious Site

War and atrocities are not new to this world, Islamic law and IHL both have addressed this subject and have described the principle of warfare such as that the belligerents must minimize incidental harm to civilians and civilian objects including religious site, and that this limits the means and methods that they can use. Islamic law which comprises of sharia and fiqh discusses this subject but it is not codified. Islamic law has not yet been acknowledged when it comes to IHL -even article 38 recognizes general principles of nation as a source. Islam is the second largest religion in the world which mirrors the modern framework of IHL and is complementary to that regime.

The Ruling on Aborting the Fetus and Its Effect on Inheritance: A Comparative Study between the Four Sunni Schools, Indonesian Law and Malaysian Law

2021 ◽  
Vol 4 (4) ◽  
pp. 60-93
Author(s):  
Andri Nirwana ◽  
Faisal Husen Ismail ◽  
Dhia’ul Khaq ◽  
Yeti Dahliana ◽  
Alfiyatul Aziza ◽  
...  
Keyword(s):  
Comparative Study ◽  
Research Method ◽  
Islamic Law ◽  
Legal Regulations ◽  
Muslim Countries ◽  
Sharia Law ◽  
Depth Study ◽  
Qualitative Descriptive ◽  
Similarities And Differences

Abortion is an act of killing to life which is forbidden in Islam. Abortion gives rise to differences of view among past and contemporary scholars on its enabling and prohibition. So, this study is to examine the views of scholars and laws in Indonesia and Malaysia related to abortion and its impact on inheritance ownership. This situation affects the inheritance of property to the mother from the aborted baby. The method of this study is qualitative descriptive. The approach of this research method is descriptive of content through literature. Books, journals, newspaper clippings, and legal regulations are the premier references to this study. This study finds that there are similarities and differences between sharia law and the rules applied in Indonesia and Malaysia. In terms of similarities, Islamic law and the laws in Indonesia and Malaysia provide for the prohibition of abortion. But, in certain circumstances, the fetus can be aborted for certain reasons, such as harming the mother or for medical reasons. In addition, this study found differences in punishment for women who had an abortion for no valid reason. Therefore, this study reveals the harmonization of Islamic law with the laws conducted in Indonesia and Malaysia. So, this study recommends forming a better in-depth study of efforts to harmonize the larger Islamic law to the rules regulated in Muslim countries.

A comparative study of RFID adoption patterns in retail

2021 ◽  
pp. 1-20
Author(s):  
Narges Kasiri ◽  
G. Scott Erickson ◽  
Gerd Wolfram
Keyword(s):  
Comparative Study ◽  
Radio Frequency ◽  
Radio Frequency Identification ◽  
Structural Model ◽  
Slow Pace ◽  
The Us ◽  
Frequency Identification ◽  
Insight Into ◽  
Current Stage ◽  
Over Time

Radio frequency identification (RFID) has been viewed as a promising technology for quite some time. Initially developed a couple of decades ago, the technology has been accompanied by predictions of imminent widespread adoption since its beginnings. A majority of retailers and other users are now using or planning to use the technology. This paper employs a combination of the technology-organization-environment (TOE) model and the 3-S (substitution, scale, structural) model to analyze the long journey of RFID adoption in retail. Top retail executives in the US and Europe were interviewed to investigate RFID adoption patterns based on differences in technological, organizational, and environmental circumstances. As the retail industry is moving into a post-adoption era, these results demonstrate the current stage of retail RFID adoption, identify factors playing important roles over time as motivators or impediments, and provide some insight into the slow pace of adoption.

scholarly journals THE COMPARATIVE STUDY OF CHILD DRUG ABUSE CASES

2021 ◽  
Vol 8 (2) ◽  
pp. 218
Author(s):  
Ibnu Taqwim ◽  
Pagar Hasibuan ◽  
Zulkarnain Zulkarnain
Keyword(s):  
Drug Abuse ◽  
Law Enforcement ◽  
Comparative Study ◽  
Environmental Conditions ◽  
Islamic Law ◽  
Drinking Alcohol ◽  
Islamic Perspective ◽  
The Family ◽  
Approach Method ◽  
The Comparative Study

The inconsistency of law enforcement in implementing the substance of the narcotics law has led to a polemic in the community, especially against cases of drug abuse committed by minors, it becomes unclear, the approach method used in this study uses a normative juridical approach. The research found that children as perpetrators of narcotics crimes, if they are not proven to be dealers, which can be dangerous as a basis for imprisonment for children, it is necessary to be rehabilitated as regulated in the narcotics law. Considering that children who are perpetrators of narcotics crimes are only users and are affected by bad environmental conditions both in the family and the environment. Narcotics in the Islamic perspective is analogous to the prohibition of drinking alcohol. This prohibition is carried out because narcotics cause hatred, hostility, disaster and dangerous disasters, both for users, families, communities and the nation and state. Narcotics are prohibited in Islamic law and producers, dealers and users will be subject to Had or Ta’zir sanctions.

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