scholarly journals CHILD MARRIAGES AND THE RIGHT TO EDUCATION: THE LEGAL AND SOCIAL PERSPECTIVES

2019 ◽  
pp. 18-26
Author(s):  
Maheran Makhtar ◽  
Nor Aida Ab Kadir
Keyword(s):  
Special Reference ◽  
Qualitative Methodology ◽  
Islamic Law ◽  
Research Paper ◽  
Special Care ◽  
International Treaties ◽  
Right To Education ◽  
Social Perspectives ◽  
Minimum Age ◽  
The Right

Recently, Malaysians were alarmed with the shocking news of a marriage between an 11-year-old Thai girl and a 41-year-old Kelantanese man that took place in Thailand. Though the marriage was valid as it fulfilled all the requirements under Islamic Law, it could not be registered in Malaysia without the consent of a Syariah Court as the bride was below the minimum age permitted by Malaysian Law. The man was prosecuted and received a penalty, but the girl remains as a wife. Being a wife, she would shoulder a lot of responsibilities and must also be able to sacrifice a lot of things. It was reported that the man allowed the girl to continue religious schooling, but it was declined by the latter. Without sufficient knowledge and experience, the girl’s future would solely depend on her husband and the parent. Thus, this research paper aims to study the issue of child marriages in Malaysia and how it would affect children legally and physiologically. This paper also intends to examine on the right to education with special reference to married children. This research paper adopts qualitative methodology by examining relevant statutory provisions, decided cases, international treaties, and articles from selected journals. It is therefore suggested that special care should be placed on the married children, particularly on their right to education and their right to be able to hold the future at their own hands.

scholarly journals Alianza estado-sociedad C=civil: Debates y desafíos en la co-gestión de políticas de inclusión educativa en Uruguay y Argentina

2020 ◽  
Vol 28 ◽  
pp. 43
Author(s):  
Andres Peregalli
Keyword(s):  
Civil Society ◽  
Qualitative Methodology ◽  
Institutional Design ◽  
Right To Education ◽  
Educational Management ◽  
Bridge Programs ◽  
Medium Level ◽  
Management Paradigms ◽  
The Right ◽  
Educational Inclusion

In Latin America different policies sustained in State-Civil Society alliances are implemented in order to warrant the right to education in marginalized sectors. Uruguay and Argentina carry out “bridge” programs and “completion” plans for adolescents, youngsters and adults to enter, re-enter or finish Medium Level Studies. I compare the characteristics of the alliance State-Civil Society in the co-management of the “Aulas Comunitarias” (Communitarian Classrooms) Program (PAC, Uruguay, 2007) and the “Plan de Finalización de Estudios Secundarios para Jóvenes y Adultos” (Finalization of Secondary Studies for youngsters and adults Plan) (FinEs 2, Argentina, 2008), aiming to understand their contributions to the processes of educational inclusion, as well as their limits. I analyze their genesis, political-institutional design/ways of organization and form of co-management contemplating: a) political-institutional approach to analyze public policy, b) Neo-institutionalism: sociopolitical as well as organizational and historic, c) co-management, d) educational management (paradigms: administrative and strategic). I implement a qualitative methodology, selecting co-management (as performed until December, 2015) as the unit of analysis. The findings show that PAC y FinEs 2 warrant the right to education supported by the attachment of several actors and sectors to their objectives. The quality of the contribution of alliances differs according the political-institutional design, kind of organization and forms of co-management: PAC shows a strategic co-management and FinEs 2 and administrative co-management.

scholarly journals An Evaluation of The Implementation of Sharī‘ah Law of Malaysia in Protecting the Rights of a Child

2018 ◽  
pp. 5-20
Author(s):  
Mahamad Naser bin Disa
Keyword(s):  
Qualitative Methodology ◽  
Islamic Law ◽  
The Right ◽  
Children Rights ◽  
Islamic Courts

Abstract This research is an observation of the implementation of Islamic law (Sharī‘ah) among the Malay Muslim in the Islamic courts (Mahkamah Syariah) of Malaysia. The author emphasizes on the roles of Islamic law that are related to the protection of the right of children especially those who were born out of wedlock among Malaysian Muslims. By employing the qualitative methodology, the author critically analyses some issues of right of children in Islam, comparing them with acts and provisions of laws and their relation to the implementation in Islamic court of Malaysia.  Findings indicate that the right of children born out of wedlock is covered under the Islamic laws of Malaysia. However, the implementation of Islamic laws pertaining to rights of children in Malaysia draws criticisms from many groups that include local and international. Keywords: Sharī‘ah, Children Rights, Islamic courts, Muslim, Malaysia

scholarly journals PUTUSAN MK NO.22 /PUU-XV /2017 TENTANG PERMOHONAN JUDICIAL REVIEW PASAl 7 AYAT (1) UU NO. 1 TAHUN 1974 TENTANG USIA PERKAWINAN DALAM PERSPEKTIF MASLAHAH

2020 ◽  
Vol 11 (2) ◽  
pp. 72
Author(s):  
Samsul Hadi
Keyword(s):  
Reproductive Health ◽  
Judicial Review ◽  
Islamic Law ◽  
Life Safety ◽  
Constitutional Court ◽  
Court Ruling ◽  
Right To Education ◽  
Age Limit ◽  
The Right ◽  
Age Of Marriage

The Decision of Constitutional Court Number. 22 / puu-XV / 2017 granted the request for a judicial review againt article 7 paragraph 1 (one) of cositution Number. 1 of 1974 concerning the age limit of marriage. This article actually distinguishes the age of marriage for women and men. For women at least 16 years and for men 19 years. This distinction is discrimination against women's rights as citizens and not in accordance with the principle of equality before the law as stated in article 12 paragraph 1 of the constitution 1945. This discrimination has caused some women to be forced to marry at the age of under 16 years, which is detrimental to the right to education, reproductive health and life safety. This court ruling gives hope for women to be better in the future. This decision is in accordance with the Purpose of Islamic law, to realize the benefit and keep away from damage.Artikel ini membahas tentang Putusan Mahkamah Konstutusi Nomor. 22/PUU-XV/2017  tentang Usia Perkawinan sebagai revisi terhadap Pasal 7 ayat 1( satu) undang-undang No. 1 tahun 1974 tentang batasan usia perkawinan. Pasal ini secara nyata membedakan  umur perkawinan bagi wanita dan laki-laki. Bagi wanita minimal 16 tahun dan bagi laki-laki 19 tahun.  Pembedaan ini merupakan diskriminasi terhadap hak-hak wanita sebagai warga negara dan tidak sesuai dengan prinsip kesamaan di depan hukum sebagimana yang disebutkan dalam pasal 27 ayat 1 UUD tahun 1945. diskriminasi ini berdampak sebagian wanita dikawinkan secara paksa pada umur di bawah 16 tahun, yang merugikan hak mendapatkan pendidikan, kesehatan reproduksi, dan keselamatan jiwa. putusan mahkamah ini memberikan harapan bagi wanita untuk lebih baik pada masa yang kan datang. hal ini sesaui dengan tujuan  dalam hukum Islam, merealisasikan kemaslahatan dan menjauhkan dari kerusakan.

scholarly journals Factors Influencing Selection of Major Specialization with Special Reference to MBA Students at RIMS, Bangalore

2019 ◽  
Vol 8 (3S3) ◽  
pp. 169-177
Keyword(s):  
Special Reference ◽  
Research Paper ◽  
Mba Students ◽  
Factors Influencing ◽  
Management Positions ◽  
Managerial Implications ◽  
To Come ◽  
The Right ◽  
Selection Of

MBA has almost become a necessity for top management positions of the organization. It has become one of the most significant qualifications in today's world corporate section. The right selection of a B-School is crucial, but the choice of proper specialization in MBA is the most important. The decision about the specialization is very vital just like a decision about buying a new house, car or investing money in the right business to maximize profits. The selection of specialization regulates the academic of discipline, environmental influences and the interest in the field of the student. This school of thought helps to come with the main the objective of this Research Paper, "A Case Study on Factors Influencing Selection of Major Specialization with Special Reference to MBA Students at Ramaiah Institute of Management Studies, Bangalore" The research paper examines about 25 factors that influence a student before considering the specialization in MBA. Convenience Sampling is used for this study. The data was analysed using SPSS The research results were mentioned to know "Factors Influencing Selection of Major Specialization with Special Reference to MBA Institutes in Bangalore." thru’ SPSS. Finally, managerial implications have been suggested to provide useful information to the online apparel retailers. The research paper finally presents with factor analysis & conclusions for future researchers

scholarly journals Niñez, migración y derecho a la educación. Vulnerabilidades y consecuencias en la movilidad Estados Unidos-Oaxaca, México

2021 ◽  
Vol 12 ◽  
pp. 0
Author(s):  
Marta Rodríguez-Cruz
Keyword(s):  
United States ◽  
Qualitative Methodology ◽  
The United States ◽  
Discussion Groups ◽  
Immigration Policies ◽  
Right To Education ◽  
Documentary Analysis ◽  
Ethnographic Observation ◽  
The Right ◽  
Trump Administration

This article aimsto analyze the extent to which the right to education of immigrant and returned children from the United States to Oaxaca, Mexico,is guaranteedafter the Trump administration increased containment of immigration policies with significantrepercussions for adult Mexicans and their offspring. A qualitative methodology integrated by ethnographic observation techniques with and without participation, interviews, discussion groups,and documentary analysis has been used. The main findings show that the infringement of the children’sright to education increases their vulnerability with a decisive impacton their educational, social,and labor present and future. The originality of the study lies in the approach to the consequences of return onchildhoodand their right to education in the state of Oaxaca, not attended enough by migratory studies, which is also a contribution.

The fundamental human right to education for refugees: Some legal remarks

2017 ◽  
Vol 17 (2) ◽  
pp. 219-232
Author(s):  
Kurt Willems ◽  
Jonas Vernimmen
Keyword(s):  
Human Rights ◽  
National Language ◽  
Access To Education ◽  
International Treaties ◽  
Human Right ◽  
Right To Education ◽  
Legal Documents ◽  
Legal Texts ◽  
Scope Of Application ◽  
The Right

The aim of this article is to describe the human rights obligations a State bears in educational matters with concerns to the current influx of refugees. The right to education is a fundamental human right guaranteed by many international treaties. As a result, the impression may arise that everyone, not only legal citizens but also all those lacking legal documents, can easily refer to any of these texts in order to enforce access to education and every right attached to education. The legal truth is however more complex. This article will first examine the various international legal texts: do refugees fall within the scope of application? Second, we will take a closer legal look at some issues often raised in practice when dealing with the influx of refugees: (i) can higher school fees be asked from pupils without legal documents? (ii) do refugees have a right to be taught in their own native language until they learn to speak the national language? and (iii) can they be placed in special (separate) schools or classes until they can follow the regular curriculum?

scholarly journals Right to Education and Employment: A Step Towards Empowering Transgender Community

2017 ◽  
pp. 113-126
Author(s):  
Naresh Kumar Vats ◽  
Megha Purohit
Keyword(s):  
Qualitative Methodology ◽  
Social Stigma ◽  
Political Rights ◽  
Human Right ◽  
Right To Education ◽  
Comprehensive Overview ◽  
Transgendered People ◽  
Holy Places ◽  
Education And Employment ◽  
The Right

The term Transgender is generally used to refer to those people who do not incarcerate themselves into the socially constructed gender norms i.e. male or female. Despite having international instruments and constitutionalprovisions on safeguarding the right to equality of all persons, still transgendered people face social stigma in every aspect of their lives. They face numerous overlapping challenges, specifically discrimination in education and employment. Even while looking at the Vedic period, there was less recognition to eunuchs but during the Mughal period, they were enjoying the position as guardians of harems. They were alsogiven the privilege of guarding the holy places which they lost during the British period. They continue to face harassment on many occasions besides bullying at school and workplace. Now, India is still struggling to pass a Bill on Rights of transgendered ensuring to bring them into the mainstream of society. The right to education and employment, which are enshrined as a human right in the International Covenant on Civil & Political Rights, applies to all people irrespective of their sexual orientationbut due to prevalent social stigma and people’s attitude, the transgender community is facing various challenges. Hence, the paper is an attempt to provide a comprehensive overview on rights of education and employment of transgendered members. The approach in the paper is analytical and descriptive involving qualitative methodology. The study engages the internal and external desk-based research limited to specific rights to education and employment to the third gendered people.

Analysis on Research Paper Publication Recommendation System with Composition of Papers and Conferences Matrices

2020 ◽  
pp. 120-127
Author(s):  
Htay Htay Win ◽  
Aye Thida Myint ◽  
Mi Cho Cho
Keyword(s):  
Social Network ◽  
Dimensionality Reduction ◽  
Correspondence Analysis ◽  
Recommendation System ◽  
Research Paper ◽  
Topic Modelling ◽  
Research Papers ◽  
The Right ◽  
Publication Recommendation

For years, achievements and discoveries made by researcher are made aware through research papers published in appropriate journals or conferences. Many a time, established s researcher and mainly new user are caught up in the predicament of choosing an appropriate conference to get their work all the time. Every scienti?c conference and journal is inclined towards a particular ?eld of research and there is a extensive group of them for any particular ?eld. Choosing an appropriate venue is needed as it helps in reaching out to the right listener and also to further one’s chance of getting their paper published. In this work, we address the problem of recommending appropriate conferences to the authors to increase their chances of receipt. We present three di?erent approaches for the same involving the use of social network of the authors and the content of the paper in the settings of dimensionality reduction and topic modelling. In all these approaches, we apply Correspondence Analysis (CA) to obtain appropriate relationships between the entities in question, such as conferences and papers. Our models show hopeful results when compared with existing methods such as content-based ?ltering, collaborative ?ltering and hybrid ?ltering.

Application of Statutes of Limitations to Islamic Banking: The Case of Malaysia

2020 ◽  
Vol 17 (1) ◽  
pp. 56-69
Author(s):  
Aishath Muneeza ◽  
Zakariya Mustapha
Keyword(s):  
Qualitative Research ◽  
Financial Institutions ◽  
Research Methodology ◽  
Islamic Law ◽  
Islamic Banking ◽  
Legal Action ◽  
Qualitative Research Methodology ◽  
The Right ◽  
Limitation Of Action ◽  
Insight Into

Limitations of action designate extent of time after an event, as set by statutes of limitations, within which legal action can be initiated by a party to a transaction. No event is actionable outside the designated time as same is rendered statute-barred. This study aims to provide an insight into application and significance of Limitations Act 1950 and Limitation Ordinance 1952 to Islamic banking matters in Malaysia as well as Shariah viewpoint on the issue of limitation of action. In conducting the study, a qualitative research methodology is employed where reported Islamic banking cases from 1983 to 2018 in Malaysia were reviewed and analysed to ascertain the application of those statutes of limitations to Islamic banking. Likewise, relevant provisions of the statutes as invoked in the cases were examined to determine possible legislative conflicts between the provisions and the rule of Islamic law in governing the right and limitation of action in Islamic banking cases under the law. The reviewed cases show the extent to which statutes of limitations were invoked in Malaysian courts in determining validity of Islamic banking matters. The limitation provisions so referred to are largely sections 6(1)(a) and 21(1) Limitations Act 1953 and section 19 Limitation Ordinance 1953, which do not conflict with Shariah viewpoint on the matter. This study will prove invaluable to financial institutions and their customers alike in promoting knowledge and creating awareness over actionable event in the course of their transactions.

Sign in / Sign up

Export Citation Format

Share Document