Fatwa is part of the doctrine of Islamic legal scholars. The Fatwa of the National Sharia Council of the Indonesian Ulema Council in response to issues related to the economic and banking syanriah proposed by Bank Indonesia and the Shariah economic actors. The problem is whether the fatawa of Dawan Syariah Nasional MUI is made a Shariah economic law law by a judge in the context of Sharia banking / banking? Research is normative research with approach of law and concept approach. Shariah Syariah Products and Sharia (Islamic) Sharia (Islamic) Shariah Boarding Board's fatwa is the foundation of Sharia Banking and Economy, by Bank Indonesia of Shari'ah Council MUI Board in the management of Shariah bank implementation, and the schedule judge in the definition of DHCP Shariah economic case
“A Study On various loans offered by G.V.S.S.ni.., Gangavathi.”Vinay Venu
Loans and Advance are the most important of any banking organization. Loan is a type of
debt. Like all debt instruments, a loan entails the redistribution of financial assets over time. The
borrower initially receives an amount of from the lender, which they pay back, usually but not
always in regular Installment, to the lender. The services is generally provided at a cost, referred
to as interest on the debt. The sum of borrowed money (principal) that is generally repaid with
interest. Loan-to-value-ratio the relation between the amount of the mortgage loan and the
Appraised value of the property expressed as a percentage Lock Lenders guarantee that the
mortgage are quoted will be good for a specific number of days from day of application. Money
margin, the amount of a lender adds to the index on an Adjustable ratio mortgage to establish the
adjusted interest rate.
“A Study On various loans offered by G.V.S.S.ni.., Gangavathi.”Vinay Venu
Loans and Advance are the most important of any banking organization. Loan is a type of
debt. Like all debt instruments, a loan entails the redistribution of financial assets over time. The
borrower initially receives an amount of from the lender, which they pay back, usually but not
always in regular Installment, to the lender. The services is generally provided at a cost, referred
to as interest on the debt. The sum of borrowed money (principal) that is generally repaid with
interest. Loan-to-value-ratio the relation between the amount of the mortgage loan and the
Appraised value of the property expressed as a percentage Lock Lenders guarantee that the
mortgage are quoted will be good for a specific number of days from day of application. Money
margin, the amount of a lender adds to the index on an Adjustable ratio mortgage to establish the
adjusted interest rate.
A proposed study about the Indian Banking System and Non-Performing Assets, and how they can affect our economy, various regulations and steps taken by the Government.
Reconstruction towards Model for Dispute Resolution of Islamic Business in In...inventionjournals
The presence of Act No. 3 of 2006 on the Amendment of Act No. 7 of 1989 for the Religious Courts, in principle, has brought great changes to the authority of the Religious Courts in Indonesia. One fundamental change is the expansion of the authority of religious courts to adjudicate disputes Islamic business. Indeed, the presence of Muslims religious courts competent to hear disputes based sharia, it should be welcomed since it is at once to accommodate the demands of the law for Indonesian Muslims in accordance with the demands of sound belief. Unfortunately, normative-procedural, Islamic business dispute resolution mechanisms in the religious court still adopts the model for dispute resolution that refers to the Dutch colonial law, such as BW, KUHD, HIR, and RBG. Of course, it contains philosophical values in the Dutch colonial products, it still adhered to secularism and liberalism which is contrary to the values of Islamic philosophy. It is necessary to do the reconstruction of Islamic business dispute resolution in Indonesia actually that relies purely on the basis of the mechanism of Islamic law. The Strategy that can be done to restructure the Islamic business paradigm of dispute resolution in Indonesia, namely the strengthening of institutions of non-litigation dispute resolution, such as the body of arbitration based on sharia. In order to regulation on body of sharia arbitration has the force in law, it is necessary to formalize the existence of religious courts decisions in the body of sharia arbitration, in the form of a court warrant. Thus, in order to the reconstruction on model for Islamic business of dispute resolution in Indonesia, is basically to restore the spirit of the relationship-based economy sharia law in Indonesia, which remains grounded to the pure Islamic faith.
Principles and Practices of Banking Module 4ARUNKUMAR7358
Rural Banking
An introduction to rural banking
Rural banking system(RRB) in India
RBI policy & functions in rural banking
Financial inclusion and its current perspective
Microfinance
Trends
Issues & challenges
Microfinance institutions in India
Role of self-help groups
Books referred - Dr.Nirmala Prasad, K. Chandrasass j (Banking and financial system)& Mithani, Gordan (Banking and financial systems)
In society the law has been known as mandatory regulatory system which is enforce on day to day human life interaction from general to specific. Law is established to ease human life and to create a peaceful society
Verdict Execution of National Sharia Arbitration Board in Indonesia Positive Lawinventionjournals
Generally, the research of Execution Verdict of National Sharia Arbitration Board (BASYARNAS) in Indonesia is aimed to know and analyze the Execution Verdict of National Sharia Arbitration Board in Indonesia positive law and to know and analyze the competence of National Sharia Arbitration Board to resolve disputes. The method used is a normative legal research also called doctrinal legal research. The approach used in this study is statue approach and conceptual approach. The research results can be explained as follows. Verdict Execution of BASYARNAS in Indonesia positive law can be explained as follows: first, in terms of Act that can be implemented, it is supported by Law No. 30 of 1999 on arbitration and alternative dispute resolution. Second, Islamic law could be implemented because BASYARNAS execution has occurred at Prophet era called tahkim and or syiqaq. BASYARNAS authority to resolve disputes in trade relations, industry, finance, services and provide a binding opinion in relation with agreement at request of parties. It is hoped that National Sharia Arbitration Board or BASYARNAS became one institution outside court to resolve the sharia dispute, would be able to enhance the role in order to resolve the sharia dispute and to disseminate to public to become more familiar through electronic, social and mass media.
Uniform Civil Code and Its Legal DimensionsQUESTJOURNAL
ABSTRACT: This paper primarily talks about the concept of the Uniform Civil Code and its legal dimensions. In this paper, we have tried to examine the basic essence of the Uniform Civil Code and what does it mean and its legal prospective and theories. This paper commences with the introduction to the Uniform Civil Code in which it defines the concept of the Uniform Civil Code and also discusses about its origin or where it has derived from. It briefly talks about the history of the Uniform Civil Code and then discusses about the relationship of the Uniform Civil Code with the personal laws. In this part it discusses how the personal laws, play an important role when it comes to the formation of the Uniform Civil Code. It further discusses the need or desire for the Uniform Civil Code under this part itself, that whether the Uniform Civil Code should be implemented or not and what are the pros and cons of the same. As we further proceed towards the approach of the research paper, this paper discusses about the relationship of the Uniform Civil Code with the Secularism and discusses how the implementation of the Uniform Civil Code may lead to the disintegration of the nation and how this will lead to the breakdown off the peace and harmony among the people. Then it further discusses about the Uniform Civil Code and the constitutional guarantees. As we further proceed, then it discusses about the relationship between the Uniform Civil Code and the gender justice and human rights. This paper also talks about the judgements and the take of the Indian Judiciary towards the Uniform Civil Code. Last but not the least, this paper concludes with certain sets of recommendations and conclusions. This paper aims to spread knowledge and make the readers inquisitive about their approach on the topic of Uniform Civil Code and its Legal Dimensions.
A proposed study about the Indian Banking System and Non-Performing Assets, and how they can affect our economy, various regulations and steps taken by the Government.
Reconstruction towards Model for Dispute Resolution of Islamic Business in In...inventionjournals
The presence of Act No. 3 of 2006 on the Amendment of Act No. 7 of 1989 for the Religious Courts, in principle, has brought great changes to the authority of the Religious Courts in Indonesia. One fundamental change is the expansion of the authority of religious courts to adjudicate disputes Islamic business. Indeed, the presence of Muslims religious courts competent to hear disputes based sharia, it should be welcomed since it is at once to accommodate the demands of the law for Indonesian Muslims in accordance with the demands of sound belief. Unfortunately, normative-procedural, Islamic business dispute resolution mechanisms in the religious court still adopts the model for dispute resolution that refers to the Dutch colonial law, such as BW, KUHD, HIR, and RBG. Of course, it contains philosophical values in the Dutch colonial products, it still adhered to secularism and liberalism which is contrary to the values of Islamic philosophy. It is necessary to do the reconstruction of Islamic business dispute resolution in Indonesia actually that relies purely on the basis of the mechanism of Islamic law. The Strategy that can be done to restructure the Islamic business paradigm of dispute resolution in Indonesia, namely the strengthening of institutions of non-litigation dispute resolution, such as the body of arbitration based on sharia. In order to regulation on body of sharia arbitration has the force in law, it is necessary to formalize the existence of religious courts decisions in the body of sharia arbitration, in the form of a court warrant. Thus, in order to the reconstruction on model for Islamic business of dispute resolution in Indonesia, is basically to restore the spirit of the relationship-based economy sharia law in Indonesia, which remains grounded to the pure Islamic faith.
Principles and Practices of Banking Module 4ARUNKUMAR7358
Rural Banking
An introduction to rural banking
Rural banking system(RRB) in India
RBI policy & functions in rural banking
Financial inclusion and its current perspective
Microfinance
Trends
Issues & challenges
Microfinance institutions in India
Role of self-help groups
Books referred - Dr.Nirmala Prasad, K. Chandrasass j (Banking and financial system)& Mithani, Gordan (Banking and financial systems)
In society the law has been known as mandatory regulatory system which is enforce on day to day human life interaction from general to specific. Law is established to ease human life and to create a peaceful society
Verdict Execution of National Sharia Arbitration Board in Indonesia Positive Lawinventionjournals
Generally, the research of Execution Verdict of National Sharia Arbitration Board (BASYARNAS) in Indonesia is aimed to know and analyze the Execution Verdict of National Sharia Arbitration Board in Indonesia positive law and to know and analyze the competence of National Sharia Arbitration Board to resolve disputes. The method used is a normative legal research also called doctrinal legal research. The approach used in this study is statue approach and conceptual approach. The research results can be explained as follows. Verdict Execution of BASYARNAS in Indonesia positive law can be explained as follows: first, in terms of Act that can be implemented, it is supported by Law No. 30 of 1999 on arbitration and alternative dispute resolution. Second, Islamic law could be implemented because BASYARNAS execution has occurred at Prophet era called tahkim and or syiqaq. BASYARNAS authority to resolve disputes in trade relations, industry, finance, services and provide a binding opinion in relation with agreement at request of parties. It is hoped that National Sharia Arbitration Board or BASYARNAS became one institution outside court to resolve the sharia dispute, would be able to enhance the role in order to resolve the sharia dispute and to disseminate to public to become more familiar through electronic, social and mass media.
Uniform Civil Code and Its Legal DimensionsQUESTJOURNAL
ABSTRACT: This paper primarily talks about the concept of the Uniform Civil Code and its legal dimensions. In this paper, we have tried to examine the basic essence of the Uniform Civil Code and what does it mean and its legal prospective and theories. This paper commences with the introduction to the Uniform Civil Code in which it defines the concept of the Uniform Civil Code and also discusses about its origin or where it has derived from. It briefly talks about the history of the Uniform Civil Code and then discusses about the relationship of the Uniform Civil Code with the personal laws. In this part it discusses how the personal laws, play an important role when it comes to the formation of the Uniform Civil Code. It further discusses the need or desire for the Uniform Civil Code under this part itself, that whether the Uniform Civil Code should be implemented or not and what are the pros and cons of the same. As we further proceed towards the approach of the research paper, this paper discusses about the relationship of the Uniform Civil Code with the Secularism and discusses how the implementation of the Uniform Civil Code may lead to the disintegration of the nation and how this will lead to the breakdown off the peace and harmony among the people. Then it further discusses about the Uniform Civil Code and the constitutional guarantees. As we further proceed, then it discusses about the relationship between the Uniform Civil Code and the gender justice and human rights. This paper also talks about the judgements and the take of the Indian Judiciary towards the Uniform Civil Code. Last but not the least, this paper concludes with certain sets of recommendations and conclusions. This paper aims to spread knowledge and make the readers inquisitive about their approach on the topic of Uniform Civil Code and its Legal Dimensions.
THE IMPORTANCE OF ISLAMIC CONTRACT LAW IN LAWTEACHING AT INDONESIA’S LAW SCHOOLS TO ANTICIPATE THE GROWTH OF ISLAMIC ECONOMICS ACTIVITIES AND GLOBALIZATION ERA.
ADVOCATES ORGANIZATION IN THE PROSPECTIVE OF LAW ENFORCEMENT AND HUMAN RIGHTS...AJHSSR Journal
ABSTRACT: The existence of advocates is very important for society in defending a person's (individual's)
rights in facing legal issues, whether criminal, civil or other. If an individual faces criminal charges, for
example, the state itself has instruments such as police, prosecutors, judges and correctional institutions.Human
rights exist by themselves, not depending on their recognition and implementation in the legal system of a
particular country. Therefore, human rights are considered to have a universal nature, rights that humans have
solely because they are human. In other words, human rights are the rights of every human being because these
rights are rooted in human dignity.The values contained implicitly or explicitly do not conflict with the values of
upholding human rights. The principles of Human Rights Law in Indonesia are not much different from the
principles of Human Rights Law adopted by other countries because they both adhere to the principle of
Universality because in every state regulation protects the Human Rights of its citizens and citizens of other
countries who are in a country .Advocates' organizations as organizations that produce advocates have a very
important role. In this case, it makes an ideal and reliable advocate. This has become very commonplace and has
become a reciprocal measure of the success of the goals of the Advocate Organization itself. An ideal and
reliable advocate will always safeguard, protect and fight for human rights in each carrying out his duties, both
for the advocate himself and upholding human rights for clients or the wider community. To be able to make
this happen, several points need to be considered. One of them is initial education so that advocates can carry
out their professional duties.
Key Words: Advocate Organization, Human Rights
As the only superpower in the world, the fundamental interest of the United States in the Syrian conflict
is to maintain its superpower status. Guided by this principle, the United States has important interests in Syria:
Toppling or at least the long-term weakening of the Syrian Assad regime; Containing Russian and Iranian
influence in Syria; Fighting terrorism such as ISIS to prevent Syria from becoming a terrorist base; Opposing the
Syrian government’s use of chemical weapons; Supporting Syrian Kurdish forces on the basis of not breaking with
Turkey, etc. Interest is the unity of needs and means to realize them. With the development of the situation in Syria,
the ability of the United States to fulfill its needs is also changing, which leads to the differences of its main
interests in different historical periods of the Syrian conflict, not only in the content of interests, but also in the
priority of interests. In the Syrian conflict, the constant changes in the important interests of the United States
show that the United States is increasingly unable to safeguard its superpower status
The paper focus on entrepreneur skill through business education program to curb restiveness for
sustainable development. Need for entrepreneur skills acquisition were identified, business education program
and functions of entrepreneur were identified and sorted out as the types of entrepreneur in our present society.
Conclusion was drawn which include effort towards creating good initiatives in order to develop our dear
societies as it become the focus in 21st century. Therefore parents and business society should emulate a kind of
economy strategies like China, Germany, and America etc. in order to provide means of surviving strategies
among individuals in the entire nation.
Non-linguistic symbol is a carrier of language,which carries ideas, positions, attitudes and emotions
that people communicate. Based on the case of business communication and the theoretical framework of
semiotics, this paperprobes intothe influence of nonverbal signs on international business banquets from a
cultural perspective, and then puts forward relevant strategies to promote the smooth communication. The study
finds that nonverbal signs play a significant role in the communication and exchange of international banquets.
Nonverbal signs can be made use of to accurately understand the meaning of the other party, and further foster
the realization of effective communication. The purpose of this study is to aimed to provide correspondent
strategies for language barriers encountered in business banquets and business activities, in an attempt to
provide certain implications for such fields as business discourse research, business communication and
cultural exchanges.
Nawāl al-Sa'dāwī has criticised sharply the discourse of masculine God in her works, either
fiction or non-fiction. The phenomena is interesting to be analyzed since there are no many feminists who have
courageoulsy discuss the problem. By paying attention on her works, this paper is aimed to answer the
question: What are the forms of Nawāl al-Sa'dāwī's criticism on the masculinity in the discourse on God? What
is the positionisation of the criticism in the meaning of discourse on divinity and why did Nawāl Al-Sa'dāwī
criticise? The paper gives meaning to the reading on the deconstruction that emphasizes the plurality and
meaning of the relation between the signifie and signifiant in language. Nawāl al-Sa'dāwī offers a new meaning
which is different, humanistic, and visionary, since the masculinity of discourse on God had been structured by
the ruler as a philosophical basis for the theological justification to structurise the patriarchal point of view to
preserve women's subordination. She has made her deconstruction as a strategy for liberation of women and
establishment of their autonomy as their fundamental condition, a gift from God. This autonomy of women had
been actualised in the early history of mankind through the reconstructive reading on history of ancient Egypt
which has been done by her.
The contending forces generated by friction between the collaborative platform firms in the paid transportation of people’s market, and the regulation present in anti-trust policies in Costa Rica will be discussed in depth as a means of determining the economic impacts that new regulatory bills may cause.The recent entryof developing countries into the collaborative economy has caused social and economic tensions due to the lack of an updated and rejuvenated legal framework which could reconcile the economic and legal differences.The expected results of a new anti-trust policy to regulate collaborative transportation platform firms in Costa Rica are a higher regulated price, a lower quantity supplied of hailing rides, and a loss of efficiency in the sector consequence of the new technical requirements. The case of Uber Company’s entry in Costa Rica is used to depict these economic effects.
The Srebrenica event during the war in Bosnia and Herzegovina has become one of the most
famous. It has also brought the first verdict of the criminal offense of genocide before the international
body after the Second World War. The purpose of this paper is not to attempt relativization of facts or to
answer the question of whether it was truly genocide in a subjective sense, but rather to comment on
judicial practice in those essential segments related to dubious questions and theses. The purpose is, of
course, to understand the issues in order to understand and classify other terrible events in the recent
war or current or future conflicts and trials more easily and correctly.
This paper examine the impact of macroeconomic factors on firm level equity premium. Following
the concept of macro-based risk factor model, we consider macroeconomic variable set of equity premium
determinant. The macroeconomic variables include interest rate, money supply, industrial production, inflation
and foreign direct investment. The macroeconomic variables are not in control of the firm's management. These
are the external factors which affect the company as well as the overall market returns. The Macro-based
Multifactor Model is estimated for the whole sample. It is found that the market premium and the selected five
macroeconomic factors significantly affect the firm level equity premium of non-financial firms. Increase in
market premium, money supply, foreign direct investment and industrial production positively affect the firm
level equity premium while increase in interest rate and inflation negatively affects the firm level equity
premium. These findings are beneficial for the common shareholders, institutional investors and policy makers
to find more specific insight about the relationship between macroeconomic variables and equity premium of
non-financial sectors.
The paper focus on entrepreneur skill through business education program to curb restiveness for
sustainable development. Need for entrepreneur skills acquisition were identified, business education program
and functions of entrepreneur were identified and sorted out as the types of entrepreneur in our present society.
Conclusion was drawn which include effort towards creating good initiatives in order to develop our dear
societies as it become the focus in 21st century. Therefore parents and business society should emulate a kind of
economy strategies like China, Germany, and America etc. in order to provide means of surviving strategies
among individuals in the entire nation.
In this Article the historical survey of puppet art in Pakistan are explained. The survey starts from
1947 to till now. The roots of this art are traced back to the Indus valley civilization, to the Sub Continent, and
eventually to the areas which are now known as Pakistan. Same like India there is no clear history of Puppet
art in Pakistan. This research concludes the details of the history after independence. Underlying research has
strived to explore the significance and the importance of the puppetry as art form and some extent for the sake
of education in Pakistan. This art is subject to decline because of lack of interest of the people in it. This
research explains to know the brief history about puppets stories its reasons and the struggle of the artist to
make this term so prominent. The research also counts the positive aspects of the puppetry that despite all the
odds is still alive and working in our society. Besides this many organizations are also contributing to this field
of art. It proves that the puppetry is in the cultural roots of the people of this region. If a nation is alive then its
art and culture is also alive. Underlying research contributes towards creating awareness for this art and
entertainment form.
Based on John Bailey’s theory of Cultural Adaptation, this research mainly focuses on the differences
between Chinese and the United States’ diet culture, analyzes the background and causes of differences between
Chinese and Western diet cultures, and further expounds the long-standing exchanges and collisions between
Chinese and Western diet culture differences so as to reveal the development status and existing problems of
international business activities under the diet culture differences. The study is aimed to provide certain references
for the elimination of cultural barrier in international business communication and thus promote the smooth
development of international market.
In Indonesia, forest fires become a problem every year during the annual dry season, when fires
are lit to clear and/or prepare land for agriculture. The smoke from the fires creates a haze that affects not only
the area where land is being cleared but also neighboring countries since it travels with the wind. This study
explores media framing related to haze that blanketed parts of Indonesia, Malaysia, and Singapore, through a
qualitative content analysis of the news stories published in 2017 in three leading English newspapers from the
three countries: The Jakarta Post (Indonesia), The Straits Times (Singapore) and The Star (Malaysia). A
theoretical framework from Semetko & Valkernburg (2000) who suggest five media framing (conflict,
responsibility, economic consequences, human interest, and morality) is used in the analysis. The research
questions: What were the main frames used in the three newspapers from the three countries? The results
indicate that responsibility was the most visible frame in the three newspapers. Alleged land clearance by
plantation companies and individuals was the main theme associated with the responsibility frame
and more, the discourse of as a vehicle through which messages are communicated in film
is taking centre stage. Its use necessitates an understanding not only of the vocabulary, but also of the content.
Cameroon filmmakers exploit language to expound and portray how the society is still constantly faced with the
problem of power manifestation and most especially, the marginalisation of women. Limits are set as to where
and what a woman can say in the presence of men. Considered a cultural marginalization, a woman’s words
are not to be heard in public spaces where men are. As such, language in traditional settings, sets limitations
for the woman in almost all aspects of life. Through a semiotic reading of Victor Viyouh’s Ninah’s Dowry and
circumscribed by feminist criticism, this paper attempts to portray the role of the sign in promoting male
domination in Cameroon. The woman is constructed by words and images as the weaker sex and subjected to
the men
The purpose of this study was to describe the use of newspapers as a source for English
Language Acquisition. Its aim was to investigate the extent of which newspapers can affect and enhance the
learning of English language. The Technical English curricular aims to extent learners’ English language
proficiency in order to meet their needs, in everyday life including for knowledge acquisition purposes, and for
workplace use. Effectiveness learning entails learning beyond the classroom. In this regard, newspaper may be
a good resource that can be used to promote and enhance English language learning. This study explored
whether newspaper as an alternative to the textbook able to arouse learners’ interests in learning English.
Newspaper as a tool for language learning.
This study was conducted in Institute Latihan Perindustrian Kuala Lumpur (ILPKL) to obtain students’
views on using the newspapers and to access the effects of its use on their learning. The quantitative modes used
for the data collections. The findings of the study indicated that the use of newspapers did indeed have positive
effect on learners. For the benefit of learners, it is therefore hoped that there, would be greater usage of
newspaper as source for English language acquisition in the classroom.
The goal of this work is to address, from the conceptual framework of theories on “deliberative
democracy”, the role played by the Judicial Power, being an integral part of the State, as the institutionalized
field of deliberation for making collective decisions.
In order to do this I will start by analyzing, from a legal-institutional perspective, the way in which the
National Constitution of Argentina distributes the functions of the State and how it divides the competences to
decide on the Public Thing. Furthermore, I will analyze which are the degrees of deliberation and of citizen
participation (direct or indirect) in each portion of the constituted power. Then, I will develop my intuition about
the way Justice operates as an institutional form of citizen participation within a Social State of Law, comparing
such proposal with the opinion of authors that highlight the countermajoritarian nature of the Judicial Power. I
will present some representative cases of the intervention of the Judicial Power in the making of
institutionalized public decisions, generated by the action of minorities with little or no political representation
and in which, after a deliberative practice, government measures that gave a positive response to the proposals
of the actors were ordered.
As an anticipation of my opinion, I will say that in our current Argentinian constitutional system there
is a paradox in which the Judicial Power (being, due to its origin, the least democratic of the powers) allows for
the development of procedural discursive practices, enabling the Public Decision Making to be the product of
the deliberation between parties (citizens and governments) on a level of equality and freedom of speech in
which arguments are exchanged in a rational way and in a previously regulated framework within a formalized
procedure.
This qualitative case study focused on developing a better understanding of a major utility
company’s knowledge management/customer service information and communications as well as practices
that were implemented during a catastrophic hurricane. The data collection and analysis procedure
revealed a gap when a comparison of the actual knowledge management practices that were used and not
used in the utility company’s customer response during the hurricane. Organizational practices of highperforming knowledge-management companies were used to analyze and compare their practices to utility
company. Findings from the analysis resulted in the establishment of a Balanced Scorecard framework for
recommended best practices and action steps with the potential to set new strategies and trajectories for
allorganizations.
The current work presents a literature review about life skills, which have been studied for a
long time; however, it was until 1993 when the World Health Organization (WHO) placed them among the 10
basic abilities which allow the individual to develop correctly in various contexts. From that year, a series of
actions were taken to standardize a common language around them and have derived in several promotion and
research around this topic. In many countries of Latin America and Spain, the teaching of life skills have been
incorporated into the basic education and shown good results since its implementation. Regarding higher
education, this proposal can prove promising in view of acknowledging that universities at present do not only
form specialists in a given discipline, but also promote integral development. It isconcluded that teaching life
skills in higher education can aid in the students’ integral development.
The services of local government legislators and customary court judges are often associated with
self-abnegation. However, most of these officials use their positions as money making ventures and material and
financial considerations have been the principal catalyst in the quest for such offices. It is because of these
recurrent occurrences in developing countries in general and Cameroon in particular that the study revisits the
situation in West Cameroon. It contends that most of these officials used their offices in amassing wealth as the
quest for increases in allowances and privileges became the common characteristic. Where these perceived
gains were not forthcoming, legislators and judges resorted to corrupt practices and their decisions/judgements
were often based on material and financial considerations. When some of them found it difficult to raise money
from services offered to their constituents, they simply abandoned their duties for personal businesses or juicy
opportunities elsewhere. The study concludes that legislation which warrants only selfless and dedicated
individuals to seek for these positions is needed. Again, it holds that local communities should be empowered to
sanction recalcitrant officials with little or no interference from central authorities. In this way, the engaging of
unpatriotic citizens in the management local government affairs will be checked.
The need to deepen the study of nationality formation and consolidation processes in Cuba, has
found in the Masonic fraternity an unobjectionable source of information, closely linked to the deepest roots of
nationalist thought and feeling. Masonic researches have become vital in unraveling the historical fabric that
gave way to the beginning of struggles for the Island independence.
The present research, as part of a doctoral thesis project -in the initial phase-, aims to elucidate the importance
this subject refers to researchers from Cuba and the world. It also pretends to focus on Freemasonry in
Guantánamo province, as an effort to explain the main factors that contribute to the social reproduction of
Masonic fraternity from a sociological perspective which is an insufficiently studied subject into the Cuban
context. The relationships that underlie the fraternal group's behavior and cohesion will be revealed by using
the prosopographic method, the theory of social networks and the analysis of socialization forms.
The article traces the genealogy of the concept of Nature and landscape from the romanticism to
the second industrial revolution. This archeology of ideas aims to dissect Nature as a subject of discourse in
order to propose it as an “empty container” filled with fantasy and which has been instrumentalized by
(sometimes) conservative power axes. The ongoing ecological crisis demands a set of new theoretical
approaches towards what is that thing “out there” that we call Nature since the romantic paradigm only gives
away a passive and contemplative image that serves to economic exploitation and aesthetical consumerism.
Through the lens of eco-criticism, the aim is to dismantle and deconstruct the fantasy of Nature by proposing
different entry points from interdisciplinarity and critical studies.
Using a theoretical concept by combining linguistic relativity and linguistic determinism – the
structure of our language; a set of specific selected words influence man’s perception of the world and language
use determines thought and action, data was collected and analysed qualitatively. The aim of the paper is to
illustrate the pertinence of culture in language use and actions with emphasis to explore the contextual symbolic
meanings of specific words in Africa nation states’ quest for peace. Specifically, in this paper we examine
carefully selected and uttered lexis and their significant meanings in Cameroon, South Africa and Uganda. The
results of the study confirmed that words have unique significance in relation to the culture, history and identity
of a particular African people. Words used in the Cameroon context, ‘all is well’, are mostly words of hope and
assurance in a war-free nation. The interpretation of some words, ‘Rhodes must fall’, generate disputes and
lead to violent actions in the search for peaceful and prosperous co-existence in an apartheid ridden country
like South Africa. Certain words of greetings, ‘you still exist’, though a total recall of pain and torture in a
period of turbulence and massacre in Uganda, portray gratitude and delightedness among citizens.
More from International Journal of Arts and Social Science (20)
A Strategic Approach: GenAI in EducationPeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
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The Possibility of the Fatwa of the National Sharia Shoe (DSN) Majelis Ulama Indonesia (MUI) as The Law Meteriil Economic Law
1. International Journal of Arts and Social Science www.ijassjournal.com
Volume 1 Issue 1, May-June 2018.
MohdarYanlua Page 12
The Possibility of the Fatwa of the National Sharia Shoe (DSN)
Majelis Ulama Indonesia (MUI) as The Law Meteriil Economic Law
MohdarYanlua
Abstract: Fatwa is part of the doctrine of Islamic legal scholars. The Fatwa of the National Sharia Council of
the Indonesian Ulema Council in response to issues related to the economic and banking syanriah proposed by
Bank Indonesia and the Shariah economic actors. The problem is whether the fatawa of Dawan Syariah
Nasional MUI is made a Shariah economic law law by a judge in the context of Sharia banking / banking?
Research is normative research with approach of law and concept approach.
Shariah Syariah Products and Sharia (Islamic) Sharia (Islamic) Shariah Boarding Board's fatwa is the
foundation of Sharia Banking and Economy, by Bank Indonesia of Shari'ah Council MUI Board in the
management of Shariah bank implementation, and the schedule judge in the definition of DHCP Shariah
economic case.
Keywords: Fatwa, Sharia Council, Majelis Ulama, material law, Sharia economy.
I. Background
The formation of national law comes from European law, customary law, Islamic law and international
law. The four sources of law are always used as a reference in the formation of material law and formal law.
Islamic law as one of the sources of national law occupies a very significant position both with regard to
material and Islamic legal values. There have been various religious issues in the past that have never been
known that require a solution or an answer. The Indonesian Ulema Council (MUI) with its Fatwah institution is
competent to explain the religious issue.
The National Sharia Board as part of the MUI Fatwa Institution always contributes to fatwas in direct contact
with Shariah bank products and non-financial Shariah Institutions, even by Bank Indonesia as a legulator in the
operationalization of Sharia economic products. However, the fatwa of its validity is not binding, because the
fatwa on the one hand is the product of thinking of a group of people or individuals who have the competence of
religious knowledge, especially the science of Islamic law. On the other hand the fatwa is not included in the
hierarchy of Indonesian legislation. But in reality ahsil-the result of fatwa lemabga of the National Sharia
Council by the actors of the banks of Shariah and non Islamic financial institutions used as referrals in
oprasional.
From postulatpemikaran need a study about the position of Fatwa of National Sharia Board of MUI as Meteriil
Law of Sharia Economics. Meode used is normative method with approach of law and concept approach.
II. The Fatwa position in Islamic Law
Term fatwa is a term that is commonly known in Islamic law. The fatwa comes from Arabic.
According to al-Fayumi, توى ف ))ال comes from the word "al-fata" (تى ف )ال meaning "Strong youth"(Al Fayumi,
1965:2). The person who is called the mufti fate. Mufti is the person who conveys a legal explanation or submits
a fatwa in the midst of society (Mardani, 2013:3743-374). With other editors mufti is a faqih who has a compiler
to issue opinions or answers to Islamic problems that did not exist before. This meaning implies that a mufti
must strongly argue from the person who asked for a fatwa. Mufti by Wahbahaz-Zuhail called mujtahid fatwa
(Wahbahaz-Zuhail, 2010:367) is a group that has the ability to understand and explain the problems and
establish the legal basis .
Fatwa (Arabic: توى ,ف fatwā) is a term of opinion or an interpretation on a matter relating to Islamic
law. Fatwa itself in Arabic means "advice", "advice", "answer" or "opinion". The definition is an official
decision or advice taken by an authorized institution or individual, delivered by a mufti, in response to a
question posed by a fatwa (mustafti) requester who has no attachment. Therefore, the fatwa's requester does not
have to follow the contents or the fatwa law given to him (https://id.wikipedia.org/wiki/Fatwa., 5-4-2017).
Fatwa is meaningfully shari'a, the explanation of Shari'a law on a problem of existing problems, supported by
the argument derived from Alqur'an, Sunnah Nabawiyah, and ijtihad. Mardani raised a view of the book
Mafaahim al-Islamiyah, Juz 1 page 240, said that is a very urgent matter for humans, because not everyone is
2. International Journal of Arts and Social Science www.ijassjournal.com
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able to explore the laws of Shari'a. Their jiks are required to possess that kenguan, that is, to reach the level of
the ability of berijtihad, undoubtedly the work will be neglected and, the wheel of life will be stopped (Mardani,
2013:374).
From the views that dikemukanan, can know the nature and the characteristics berfatwa as follows:
1. It is an attempt to explain
2. The explanation given is about syara 'law which is obtained through the result of ijtihad
3. The explanation is the person skilled in the field described
4. The explanation was given to the person who asked who did not know the law (Amir Syarifuddi, 2009:429).
Indonesia with the majority Muslim population and faced with new problems that were not obtained previously
due to the influence of science and technology requires an explanation.
The Indonesian Ulema Council (MUI) as an institution of infra-structure outside the State institution is obliged
to explain every religious issue demanded by both the Muslim community and the government.
The fatwa has a very important position in Islamic law, so the fatwa in the opinion of the ulama is an optional
"ikhtiyariah" (option that is not legally binding, although morally binding to mustafti (the party who asks for
fatwas), while for other than mustafi is "i 'lâniyah' or informative which is more than just a discourse.They are
open to take the same fatwa or ask a fatwa on the mufti / another expert.
As for its position in the Islamic legal system is the current fatwa is the result of collective ijtihâd. However, it
can not necessarily be equated with ijma ', because the scholars who play a role in collective ijtihâd do not
encompass all the scholars who are the requirements for a ijmâ', since the activity of ijtihâdjama'i (collective
ijtihâd) is possible to be performed several times by different actors at different times and places so that the
findings of the law are possible there is a difference between one activity ijtihâdjama'i (collective ijtihâd) with
others, albeit to the same problems. On the other hand, ijmâ 'does not give an opportunity to dissent because all
scholars have agreed, so the fatwa is not an ijmâ', and it is possible for the community to accept.
III. Position of MUI Fatwa in National Law
MUI is a forum for deliberation of scholars, zu'ama and Muslim scholars as well as being a pangayom
for all Indonesian Muslims. MUI as the most competent institution for solving and answering the problem of
every religious problem that always arise and faced by society and has got full trust, both from society and
government (Tim Penyusun, 2011:935).
The solution or answer to religious issues that are not now found in the past is the power of religious
argumentation that can cool the Muslim community. This can only be done by persons or institutions that have
broad religious knowledge competencies.
MUI as a religious institution and the presentment of Indonesian muslin community has that competence,
because in it are collected scholars, zu'ama and Muslim scholars who have the Islamic religious scholarship
compilation and other scholarship. Thus the MUI as mufti (Giver Fatwa) has the competence to give fatwa,
especially issues related to Islamic law, whether requested or not requested. As an institution giving the fatwa
MUI accommodate and channel the aspirations of both Muslims of Indonesia is very diverse flow and
understanding and thoughts and religious organizations and the government of Indonesia in the issue of
legislation.
IV. Fatwa National Sharia Council (DSN) MUI
Law Number 12 Year 2011 Concerning the Establishment of Laws and Regulations Article 7 regulates
the Type and hierarchy of Laws and Regulations, and in Article 8 paragraph (1) regulates the Type of
Legislation other than as intended in Article 7 paragraph (1) by the People's Consultative Assembly, the People's
Legislative Assembly, the Regional Representative Council, the Supreme Court, the Constitutional Court, the
Supreme Audit Board, the Judicial Commission, Bank Indonesia, the Minister, the same body or institution or
commission established by law or Government on the law, Provincial People's Representative Council,
Governor, Regency / Municipal House of Representatives, Regent / Mayor, Village Head or equivalent.
Furthermore, in paragraph (2) of the Laws and Regulations as meant in paragraph (1), it is recognized and has a
binding legal force as long as it is ordered by a higher Legal Regulation or set up under the authority.
Both Law Number 12 Year 2011 on the Establishment of Laws and Regulations, as mentioned in Article 7 of
Law Number 10 Year 2004 on Legislation Regulation, does not mention fatwas as part of the legal basis in this
country, so that fatwas can not be used as a legal basis.
BI as an institution of state financial institution is authorized to make specific regulation about certain bank
products which serve as implementation guidance. Sharia banks as one of the national banking institutions under
BI apply Islamic principles. Of course, the necessary source of sharia economic material, and who understand
the principles of sharia is only those who have the ability of Islamic scholarship. DSN MUI as one of the sub-
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section of MUI fatwa institution is competent to solve the problems of sharia economy which in the past did not
exist, and not even found the argument in Alqur'an and Sunnah Rasulullah saw.
From the approach of the formal legal source of the position of fatwa in the positive legal system of Indonesia is
the doctrine if based on the opinion of M. Mahfud MD, in certain circumstances is the custom if the fatwa
becomes the legal value of living in society. But not included in the hierarchy of legislation. Based on the above,
the fatwa is only the opinion, advice of non-binding clerics, and to be able to apply binding the fatwa must pass
through the first regulation which then become the legislation, and / or can be used as legal basis by the judge in
deciding the case in the court and the verdict have a permanent legal force (jurisprudence).
(www.hukumonline.com., 5-4-2017)
The Fatwa of DSN MUI can become a sharia law material law and become a positive law if the fatwa becomes
law regulation either in the form of Law, Peraturang Government, Presidential Regulation in the form of
technical regulation that is PerturanMahakamah Agung, BI regulation, Minister of Finance Regulation.
According to Yeni Salma Barlinti in his dissertation conclusion entitled "The Status of Fatwa DSN in National
Legal System", which has been maintained in the examination of Faculty of Law University of Indonesia
(FHUI) doctoral program as quoted from article Fatwa DSN Is a Binding Positive Law, explained that in its
development, some of the fatwa issued by DSN MUI is a binding positive law. Because, its existence is often
legitimized through legislation by government agencies, so should be adhered to the economic actors of sharia(
Yeni Salma Barlini, http://www.hukumonline.com. 5-4-2017). It is also possible if the MUI's DSN fatwa
becomes a legal opinion (doctrine) in the process of dispute resolution of sharia economy or has become a living
value in society which the judge makes as the basis of legal considerations.
As mandated in Law Number 48 Year 2009 on Judicial Power mentioned in Article 10 paragraph (1) the Court
shall not refuse to examine, hear, and decide a case filed with the argument that the law is absent or less clear,
compulsory obligation to examine and prosecute. Thus, in the case of a legal vacuum in a case, the judge is
given the opportunity to explore the legal values contained in the views of jurists or legal values living in
society. The Fatwa of DSN MUI is related to unregulated principles of sharia economy in the form of laws and
regulations categorized as doctrine, or views of experts and / or legal values living in society, judges may be
allowed to make as sharia law material law.
V. Conclusion
The Fatwa DSN MUI on sharia economic material which is regulated in the form of legislation meets
leagility principle (legal certainty) and also DSN MUI fatwa about syariah sharia material which is not in the
form of legislation but becomes the basis in consideration of judge's decision to fulfill legal certainty and
binding.
DAFTAR PUSTAKA
[1.] Al-Fayumi, al-Misbah al-Munir fi Gharib al-Syarh al-Kabir li al-Rafii. Cet. VI. (Mathbaah al-Amiriyah. Kairo,
1965)
[2.] Amir Syarifuddin, UshulFiqh, Jilid 2, ( Kencana, Jakarta, 2009)
[3.] Mardani. UshulFiqh, 2013, Cet.akan 1 Jakarta: RajaGrafindoPersada
[4.] Tim Penyusun, 2011, Himpunan Fatwa MUI Sejak 1975, Jakarta: SekretariatMajelis Ulama Indonesia
[5.] Wahbahaz-Zuhail, 2010, UshulFiqhi al-Islamy, Juz 2, Demaskus, Dar Alfikr
[6.] Yeni Salma BarlintiKedudukan Fatwa DSN dalamSistemHukumNasional”,
Disertasihttp://www.hukumonline.com/klinik/detail/lt5837dfc66ac2d/ kedudukan-fatwa-mui-dalam-hukum-
indonesia. diaksestanggal. 5 April 2017
[7.] Undang-UndangNomor 10 Tahun 2004 TentangPeraturanPerundang-Undangan
[8.] Undang-UndangNomor 48 Tahun 2009 TentangKekuasaanKehakiman,
[9.] Undang-UndangNomor 12 Tahun 2011 TentangPembentukanPeraturanPerundang-Undangan,
[10.] https://id.wikipedia.org/wiki/Fatwa. diaksestanggal 5 April 2017
[11.] http://www.hukumonline.com/klinik/detail/lt5837dfc66ac2d/kedudukan-fatwa-mui-dalam-hukum-indonesia.
diakasestanggal 5 April 2017