scholarly journals The Law of Human Life; The Scriptures in the Light of the Science of Psychology

1918 ◽  
Vol 8 (5) ◽  
pp. 797
Author(s):  
Robert H. Gault ◽  
Elijah V. Brookshire
Keyword(s):  
Author(s):  
مها بنت منصور الصائغ

شهد تاريخ الأمة الإسلامية حضارة ونهضة عالمية في جميع مجالات الحياة الإنسانية، ومما كان له كبير الأثر في ذلك هو الأوقاف التي بدأت مع سيد البشرية محمد صلى الله عليه وسلم واستمرت بتنوع وشمولية إلى عصرنا الحالي؛ ولكن ما تعرضت إليه الأوقاف من إهمال وإقصاء وضياع يرجع لأسباب عديدة من أهمها غياب التوثيق الوقفي. تقوم الدراسة على تتبع مفهوم الوقف والتوثيق، والوقف في الإمارات العربية المتحدة ول سيما في إمارة الشارقة. توصلت الدراسة إلى نتائج منها: أن الأوقاف قائمة منذ زمن بعيد، وأن رغبة الواقف بالوقف وإقدامه عليها لم ينقصها سوى وثيقة، وأنه لا وثائق لها ولا مستندات، كما أن العرض الموجز لنشأة دائرة الأوقاف بالشارقة وسعيها لإحياء سنة الوقف ونشر ثقافته نراه يتضح شيئاً فشيئاً من خلال تفعيل مواد القانون والبحث حول الأنسب والأصح لحماية الأوقاف، ولم يكن هذا الاهتمام بالوقف إلا انعكاساً لتوجه الواقفين وتماشياً لرؤية الحكام وامتثالاً لنهج خير الأنام ورغبة في تكافل الأرواح وحباً للسلام. الكلمات المفتاحيّة: الوقف، التوثيق، المقارنة، الشارقة. Abstract The history of Islamic nation has witnessed a global civilization and it has had a great impact in all areas of human life, including the endowments that began with the master of humankind; Muhammad S.A.W. and it was continuing in diversity and comprehensively until our epoch. However, there are some problems related to endowment management such as negligence, exclusion and loss that due to many reasons. Among the most important reasons is the absence of endowment documentations. Therefore, the study aims to discuss the concept of endowment and documentation, as well as the endowment in United Arabic Emirates, especially in the Emirate of Sharjah. The study concluded that the practice of endowment has been existed for a long time, yet there are in need of endowment documentations. This study also found that the information related to the establishment of institution of endowment in Sharjah and its role has   spread widely to the people through the enforcement of the law and the implementation of the research related to the practice of endowment in order to sustain them in a good way. This documentation system was only a reflection of what has  stated in Shariah laws regarding the practice of endowment among the donors, so that it will be in line with the approach of good intentions and love of peace. Keywords: Endowment, Documentation, Comparison, Sharjah.   


Author(s):  
Samuel Brown

In a paper which was read before the Institute of Actuaries on the 31st May, 1852, “On the Uniform Action of the Human Will, as exhibited by its Mean Results in Social Statistics,” I drew attention to the remarkable regularity with which marriages are contracted in any country, and the very small limits of difference from the average number which appear from year to year. The observations made by M. Quetelet in Belgium, from 1825 to 1845, showed that the extreme difference in the total number of marriages was little more than half the difference of the extremes in the number of deaths in the same period. Such a conclusion seemed to imply that the subject was worthy of more research. If the law of mortality can be so accurately defined at different ages, that pecuniary interests, amounting to some hundreds of millions sterling, can be valued and adjusted with the greatest nicety, it is reasonable to conclude that the labour of a statistical inquiry into the proportion of marriages at different ages would be rewarded with the discovery of some equally defined law, since the variations from year to year in a given number of facts appear, from a large number of observations, to be even less than in the former case. It is true that, as human life must fail at some time, from the natural decay of the powers of life, every interval of age after man has once attained maturity may be expected, under ordinary circumstances, to show a steady and progressive increase in the liability to disease and death. On the other hand, it may be, argued that marriage is the exercise of the free will of man—that consequently, it does not depend on the age or period of life, but on the arbitrary exertion of those feelings or mental and moral qualities which are not subject to natural laws, or at least not to such laws as we are able to express numerically in the same manner we can the law of mortality in any given population. If we consider, however, marriage as, in one sense, the natural provision for the preservation or increase of the species, and the counteraction to the law of mortality by which the species would perish, we should not be surprised to find that, however imperceptibly to individuals, there is a tendency to obey some unknown law of nature which at the period of maturity would lead to the maximum of marriages, and gradually diminish with age in the same manner as the tendency to disease and death increases with age. The motives and caprices of individuals would only have the same effect on the general results which the different habits of individuals may have in increasing or diminishing the rate of mortality. Accordingly, M. Quetelet, in a comparison of the number of marriages in Belgium for each five years of age after 21, for both sexes, for a period of five years consecutively, showed that the average results in each period scarcely differed at all from year to year. The table is so remarkable, that I have reduced the proportion to 100 of the total marriages in each year, and present it to show the small differences which will then be seen to prevail.


2014 ◽  
Vol 1 (1) ◽  
Author(s):  
Laerte Fernando LEVAI

Despite the fact that the Brazilian Constitution is against animal violence, protecting<br />the fauna integrity, actually it does not work. However, our law system allows cruel acts and<br />accepts the violence done by those who consider themselves rational and superior. Just watch<br />the evil reality at the streets, public shows (circus) and farms, where the animals suffer and<br />are exploited to their limits. Also watch the pain of the animals that are part of an industrial<br />production, the horror at the slaughter houses and the scientific experiments laboratories. It<br />means that we have a contradiction.<br />Blind and cold, we live in a world that lacks justice. The cycle of the human life is limited<br />to personal ambitions, selfish actions and superfluous pleasures. There’s no space to<br />compassion. Under this anthropocentric view, the nature of the animals is no more important<br />and becomes economic or environmental resources. Our system, by rejecting the essence of<br />each living being, defends the fauna only for the purpose the human interests. The animals<br />are treated like merchandise, resources or consumption goods and the law denies them the<br />right to be sensitive. It must be changed, there can be no more silent before so much oppression.<br />For many centuries the human being has been dominating, torturing, killing and exterminating<br />other species, because of economic, commercial, cultural and gastronomic interests or just<br />sadism. The history shows that our relationship with the animals is marked by fanatism,<br />supersticions, ignorance and indifference. It’s a Ministério Público function, as a social<br />transforming agent, to fight against this situation. We must admit the animals presence in<br />the sphere of the human moralities, allowing them to have rights. The question is not only of<br />the law, but philosophic. It’s primordial that we review our teaching methods, searching for<br />a formula to respect the essence of animal life no matter what it is. Without a doubt, this<br />way is far from the anthropocentrism.


2018 ◽  
Vol 3 (1) ◽  
pp. 83-108
Author(s):  
Lukmanul Hakim Hanafi ◽  
Zulkifli Mohamad Al-Bakri ◽  
Raja Raziff Raja Shaharuddin

Nowadays, entertainment has become part of human life especially to the Muslim young generation. Entertainment is a need at any time and anywhere such as while driving, at home or during leisure time. However, there is a different opinion regarding entertainment itself. Some of the views opine that it is forbidden either through media or any other medium, and there is also an opinion saying that it is only permissible by medium of nasyid. This article intends to explain and discuss the law or ‘hukm’ of media entertainment either by way of hearing the music, song, nasyid or by manner of singing from fiqh and fatwa perspectives. Documentary research method will be adopted in the study and gathering of information on views from the Islamic perspective with regards to this issue. Outcome of research asserts that Islam does not object to music whether in the traditional or modern form as long as it does not transgress with the teachings of Islam. The Fuqaha opine that entertainment is permissible in Islam in so far as it does not contain elements of neglect, badness or forbidden by Islam. Keywords: Entertainment, music, fatwa, traditional, permissible. Abstrak Mutakhir kini, hiburan merupakan sebahagian daripada kehidupan manusia, terutamanya umat Islam daripada golongan muda. Di mana jua berada sama ada ketika memandu, di rumah atau ketika waktu lapang pasti hiburan menjadi teman lapangan. Namun begitu, persoalan yang timbul adalah berkaitan dengan hiburan sendiri, terdapat pendapat mengatakan ia haram tidak kira sama ada berhibur melalui media mahupun sebaliknya, dan terdapat juga pendapat mengatakan ianya harus jika berhibur dengan irama nasyid sahaja. Artikel ini bertujuan menjelaskan dan membincangkan hukum berhibur melalui media sama ada dengan cara mendengar muzik, lagu, nasyid dan menyanyi dari pandangan fiqh dan fatwa. Metodologi analisa dokumen digunakan bagi meneliti dan memperolehi maklumat berkaitan pandangan Islam akan isu ini. Dapatan kajian mendapati Islam tidak menghalang sesuatu seni muzik sama ada tradisional atau moden selagi mana ia tidak bercanggah dengan syariat Islam. Fuqaha berpandangan bahawa hiburan dalam Islam adalah harus hukumnya melainkan hiburan itu jelas mendatangkan kelalaian dan keburukan ataupun wujudnya unsur-unsur yang haram dalamnya maka jadilah ia haram. Kata kunci: Hiburan, muzik, fatwa, tradisional, harus.


2013 ◽  
Vol 8 (2) ◽  
Author(s):  
Sanyoto Sanyoto ◽  
Antonius Sidik Maryono ◽  
Rahadi Wasi Bintoro

The growth of technological Progress make the change of pattern in  the socialize human life, and it can conduct the economic activity in the local scale, regional and also global. In the individual assocciation by using internet technology will take the relation pattern between individual which it is unlike what that happened in the real world. By the existence of internet, contractual terms between subject of law and each other without meeting (face to face), even it is enabled for subject of law not to recognizing each other. During the people conducting activity in the illusory world, especially in the private law, like commerce, agreement and also banking activity, it is enabled to take a problems such as performed in the conventional private relationship. If the consumer internet in the private activity feel their private rights are impinged and they are wish to claim their rights, so there is civil conflict.  The relationship between the individual in the transaction using internet not yet arrange peculiarly in law and regulation. But judge have to find the law and also create the law if he confronted with a dispute in the transaction using internet. Kata kunci : hakim, hukum, internet, perdagangan elektronik, tanda tangan digital


1974 ◽  
Vol 14 (163) ◽  
pp. 527-537 ◽  
Author(s):  
Danièle Bujard

The year 1974 marks the centennial of the International Declaration of Brussels on the Laws and Customs of War. This effort to codify the most important laws of war, undertaken on the initiative of Czar Alexander II of Russia, constituted a decisive stage in the development of the law of war. It is this event which the Committee for the Protection of Human Life in Armed Conflicts, under the patronage of the Belgian Government, proposes to commemorate by an international seminar on the theme “The Concept of International Armed Conflict—New Perspectives”, in December of this year.


2013 ◽  
Vol 14 (7) ◽  
pp. 823-843
Author(s):  
András Koltay

Human existence and dignity, just like human unity itself, are not actually rights. The essence of humanity, as regards the law, is inaccessible. Because of this, human life and dignity are included in the catalogue of human rights and in modern constitutions as the sources of rights, as inviolable values beyond the law. The law must guarantee that these inviolable values are respected and protected.


Author(s):  
Stephen J. Morse

Stephen J. Morse argues that neuroscience raises no new challenges for the existence, source, and content of meaning, morals, and purpose in human life, nor for the robust conceptions of agency and autonomy underpinning law and responsibility. Proponents of revolutionizing the law and legal system make two arguments. The first appeals to determinism and the person as a “victim of neuronal circumstances” (VNC) or “just a pack of neurons” (PON). The second defend “hard incompatibilism. ” Morse reviews the law’s psychology, concept of personhood, and criteria for criminal responsibility, arguing that neither determinism nor VNC/PON are new to neuroscience and neither justifies revolutionary abandonment of moral and legal concepts and practices evolved over centuries in both common law and civil law countries. He argues that, although the metaphysical premises for responsibility or jettisoning it cannot be decisively resolved, the hard incompatibilist vision is not normatively desirable even if achievable.


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