59 research outputs found

    The role of the accused in English and Islamic criminal justice

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    This thesis is a comparative study of the role of the accused in the systems of English and Islamic criminal justice. It seeks to explore the underlying relationship between the individual and the state through an historical, structural and contextual analysis of their rules relating to questioning and of confessions. The analysis of the English system covers the period 1800 to 1984, with particular reference to developments during the nineteenth century when the foundations for the modern English state were established. The analysis of the Islamic system combines traditionally Islamic and modern methods, assessing the "Islamisation" movement in Malaysia through a religico-structural understanding of juristic opinion from the four main schools of Sunnite jurisprudence. The thesis contributes to existing knowledge on a number of levels: first, it questions and revises the "myth" of "progress" that has dominated observations of the history of the English criminal justice system; second, it elucidates the relationship between Islamic law in theory and the law that is applied and proposed in its name in Muslim states; third, it provides an analytical framework for drawing comparisons between the underlying values of the systems of English and Islamic criminal justice. While acknowledging fundamental differences in terms of outlook and articulation, the author concludes there are important similarities expressed through such notions as "suspect" in the English system and "kafir"I"fasiq" in the Islamic. These act as intermediate constitutional categories to whom the state owe less protection. But the author notes also that these similarities are not observed necessarily in the "law" which is implemented or proposed in Muslim states; exact correspondence depends upon the over-arching political structure and the institution of Caliphate. The thesis is divided into six chapters: chapter one sets out the conventional view of the historical development of English criminal procedure and evidence; chapter two subjects that to a critique and chapter three offers a revised thesis. Chapter four, explores methods for interpreting and explaining Islam; chapter five sets out rules relating to confessions and questioning according to the four Sunni schools; chapter six puts them into "context" through an examination of the "Islamisation" process in Malaysia

    FUNGSI MANAJEMEN DALAM PELAKSANAAN PROGRAM KERJA DI DEWAN DAKWAH ISLAMIYAH INDONESIA PROVINSI LAMPUNG

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    ABSTRAK FUNGSI MANAJEMEN DALAM PELAKSANAAN PROGRAM KERJA DI DEWAN DAKWAH ISLAMIYAH INDONESIA PROVINSI LAMPUNG OLEH MUHAMMAD YOPI MARTIN Dewan Dakwah Islamiyah Indonesia Provinsi Lampung merupakan sebuah Lembaga yayasan sosial yang bergerak sesuai dengan 5 fungsi Dewan Dakwah menjalankan fungsi Dewan Dakwah dalam melaksanakan 5 Fungsi dibagi menjadi bagian bidang dan Biro Laznas. Tujuan yang dimiliki Dewan Dakwah Islamiyah Indonesia Provinsi Lampung diharapkan mampu menjadi solusi permasalahan agama, ekonomi, dan moral yang ada di Provinsi Lampung khususnya. Untuk mewujudkan tujuan tersebut, Dewan Dakwah memiliki beberapa Program Kerja yang akan direncanakan dan dilaksanakan. Program Kerja memiliki rencana strategis dalam mewujudkan dan mencapai tujuan Dewan Dakwah Fokus penulis tentang Bagaimana Fungsi Manajemen Dalam Pelaksanaan Program Kerja Di Dewan Dakwah Islamiyah Indonesia Provinsi Lampung. Jenis penelitian ini menggunakan metode kualitatif dengan Teknik pengumpulan data menggunakan metode wawancara, observasi dan dokumentasi. Dalam pengumpulan data penulis menggunakan metode secara operasional menjelaskan secara real bagaimana dan apa yang dilakukan di lapangan. Penelitian bersifat deskriptif, populasi berjumlah 50 personal pengurus dan 30 pengurus aktif. Hasil penelitian menunjukkan sebagian program kerja ada yang belum terlaksana dan belum maksimal, hal ini dikarenakan terkendala situasi pandemi covid-19 dan PPKM oleh pemerintah, yang menyebabkan sebagian program kerja belum terlaksana dengan baik, kegiatan belum terencana dengan baik, terkendala pendanaan yang dimiliki dewan dakwah islamiyah indonesia provinsi lampung, terkendala dengan kesibukan internal dan program kerja yang belum terlaksana dan tidak terlaksana akan tetap dilanjutkan. Pengurus Dewan Dakwah sudah melakukan yang terbaik dalam melaksanakan hasil program kerja dengan baik dan maksimal, semua kegiatan dimulai dari perencanaan, pelaksanaan untuk mendukung semua program kerja tercapainya harapan Dewan Dakwah Islamiyah Indonesia Provinsi Lampung. Kata Kunci : Fungsi Manajemen, Pelaksanaan Program Kerja iii ABSTRACT THE FUNCTION OF MANAGEMENT IN THE IMPLEMENTATION OF THE WORK PROGRAM AT THE DEWAN DAKWAH ISLAMIYAH INDONESIA PROVINSI LAMPUNG BY MUHAMMAD YOPI MARTIN The Indonesian Islamic Dakwah Council of Lampung Province is a social foundation institution that operates in accordance with the 5 functions of the Da'wah Council carrying out the functions of the Da'wah Council in carrying out 5 functions in the field and Laznas Bureau.The purpose of the Indonesian Islamic Dakwah Council of Lampung Province is expected to be a solution to religious, economic, and moral problems that exist in Lampung Province in particular. To realize this goal, the Dakwah Council has several Work Programs that will be planned and implemented. The Work Program has a strategic plan in realizing and achieving the goals of the Dakwah Council The author's focus is on How Management Functions in the Implementation of Work Programs at the Indonesian Islamic Dakwah Council, Lampung Province?. This type of research uses qualitative methods with data collection techniques using interviews, observation and documentation. In collecting data, the author uses an operational method to explain in real how and what is done in the field. The research is descriptive, with a population of 50 personal administrators and 30 active administrators, free guided interviews and documentation in the form of photos of activities and other important files. The results show that some work programs have not been implemented and have not been maximized, this is because the government is constrained by the Covid-19 pandemic and PPKM, which causes some work programs have not been implemented properly, activities have not been well planned, constrained by funding owned by the dakwah council. Islamiyah Indonesia, Lampung Province, is constrained by internal activities and work programs that have not been implemented and will not continue. The management of the Dakwah Council has done their best in carrying out the results of the work program well and maximally, all activities starting from planning, implementation to support all work programs to achieve the expectations of the Indonesian Islamic Dakwah Council of Lampung Province. Keywords: Management Function, Implementation of Work Program

    Menjawab Serangan Pemikiran Liberalisme Terhadap Islam menerusi Novel Daun Karya Malim Ghozali P.K.

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    This study aims to analyse the liberal critiques of Islamic ideology as depicted in the novel Daun by Malim Ghozali P.K. The main issues highlighted in this article are: [i] the historical context of the development of liberalism in Malaysia as presented in both within and outside the creative work; [ii] explaining how liberal groups attempt to shape an interpretation of Islam to fit their respective agendas. This study is conducted based on a literature review that finds the attitudes of postmodernist scholars, who are evidently unsatisfied and continually deconstructing new theories that ohlm.se the true values of Islam. Therefore, this study employs the concept of New Historicism proposed by Stephen Greenblatt (1988) as an analytical framework, utilizing the concepts of constraint and mobility to view texts as constructed from sociocultural references, specifically the social values that permeate the author's identity through the societal crises the author experienced. The findings of the study indicate that Malim Ghozali P.K. strives to provide a new meaning in order to reject the liberalism ideology prevailing in society, while also critising the government's attitude at the time the novel was written, which use religious issues as a political agenda to gain support. Full text: PDFKajian ini bertujuan untuk menganalisis serangan pemikiran liberalisme terhadap pemikiran Islam tradisional menerusi novel Daun karya Malim Ghozali P.K. Isu utama yang diketengahkan dalam artikel ini ialah: [i] perhubungan konteks sejarah perkembangan liberalisme di Malaysia yang wujud dalam karya dan luar karya; [ii] menjelaskan bagaimana golongan liberalis cuba membentuk acuan Islam yang ditakrifkan sesuai berdasarkan agenda masing-masing. Kajian ini dijalankan berdasarkan sorotan literatur yang mendapati sikap ahli pascamodenis yang ternyata tidak menyenangi dan sentiasa mendekonstruksi teori-teori baharu yang menentang nilai Islam sebenar. Kajian ini memanfaatkan gagasan teori Historisisme Baru yang dikemukakan oleh Stephen Greenblatt (1988) sebagai kerangka analisis dengan memanfaatkan konsep kekangan dan mobiliti yang melihat teks dibina daripada rujukan sosiobudaya, iaitu nilai sosial yang meresap dalam diri pengarang melalui kemelut yang melanda masyarakat dalam situasi pengarang. Dapatan kajian menunjukkan bahawa Malim Ghozali P.K. berusaha memberikan pemaknaan baharu demi menolak gagasan pemikiran liberalisme yang sedang berlaku dalam masyarakat seterusnya mengkritik sikap pemerintah ketika novel ini ditulis yang menjadikan isu agama sebagai agenda politik untuk meraih sokongan. Text penuh: PD

    Intellectual property laws and Islam in Malaysia.

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    PhDThis study is undertaken on the premise that Islam and Islamic law is to be taken into serious consideration in any future legislative reform of laws in Malaysia. Islam being the religion of the country and the strong religious sentiment of the Muslims (who form the majority in Malaysia) cannot be overlooked or dismissed lightly by the legislators in Malaysia. Reformation of intellectual property laws is timely, as we are now approaching to the dateline set by GATF-Trips agreement which aim is to improve our standard of intellectual property protection. This study seeks to analyze and evaluate the current legislation pertaining to intellectual property in Malaysia in terms of the philosophy and rules governing the existence, ownership and exercise of these rights and their consistency and inconsistency with Islam and Islamic law. The main objective of this study is to prove that a coherent and logical conceptual framework of ownership of intellectual property can be derived from an Islamic perspective which not only offers the basis of rights but also defines the scope of these rights. From the point of ownership of rights, support can be obtained from the normative framework of property rights within the traditional classification of 'mal' (property) and 'haqq al-milkiyyah' (ownership rights) under Islamic law. From the point of exercise of rights, the exact scope can be defined from the analysis of fundamental concepts which have been developed by Muslim jurists. It has been established that Islam and Islamic law offers a sound and systematic paradigm, which in deeper analysis, can satisfy both our current obligations under international treatises, as well as our responsibility to practise our religion to the fullest

    Restructuring of Murabahah Agreement Financing: Case Study at PT Bank Muamalat Banjarmasin Branch Office

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    This research discusses the problematic financing settlement policy regulated by Peraturan Bank Indonesia (PBI) No. 10/18/PBI/2008, Peraturan Otoritas Jasa Keuangan (POJK) No. POJK.03/2019, and Fatwa Dewan Syariah Nasional-Majelis Ulama Indonesia (DSN-MUI) No. 47, 48, 49/DSN/MUI/II/2005. Furthermore, this study analyses the implementation of these policies at Bank Muamalat KC Banjarmasin concerning relevant regulations. This research uses a qualitative approach through field research methodology, with data collection conducted through direct interviews with relevant informants. After collecting the data, the author describes, describes, and analyses the policy and implementation of financing restructuring with murabahah contracts at Bank Muamalat KC Banjarmasin. The results showed that the murabaha contract financing restructuring policy at the bank has been implemented comprehensively and by the provisions contained in PBI No. 10/18/PBI/2008, POJK No. 10/POJK.03/Year 2019, and DSN-MUI Fatwa No. 47, 48, 49/DSN/MUI/II/2005, which includes three main elements: rescheduling, reconditioning, and restructuring (3R)

    Assessing health and safety practice for refurbishment work at Klang Valley / Muhammad Muzakkir Ismail

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    Health and safety issues have always been a major problem and concern in construction industry. Wherever reliable records are available, refurbishment work is one of the most dangerous on health and safety criteria, particularly in developing countries. Refurbishment is any upgrade, alteration, modification, adaptation, and extension in the current status of the building to improve building performance and efficiency of the building structure. Refurbishment project is more difficult to monitor and coordinate compare with new construction. The main problem faced for refurbishment work in Malaysia is increasing accident and fatalities cases, in 2014 at Johor Bharu state 56 workers died due to falling from height. To overcome this problem, with following the comprehensive health and safety practice from Department of Occupational Health and Safety (DOSH) regulation the probability accident happen in refurbishment project is small and minimize the potential hazard in refurbishment work. Furthermore, with providing health and safety training and education towards workers will minimize the potential hazards in refurbishment project. Research aim of this dissertation is to identify the best current health and safety practice in refurbishment work. To achieve the aim of this research fourth research objectives were outlined. The objective are to study the current health and safety practice, identify potential hazards, evaluate the level awareness among workers, and propose a recommendation in improving health and safety practice for refurbishment work has been identified and reviewed by author. Research method that use to achieve four objective above first through semi-structured interviewed to study the current health and safety practice, to identify potential hazards and propose a recommendation in improving health and safety practice. The questionnaire distribution has been made in case study to evaluate the level of awareness among worker towards health and safety practice in refurbishment project. The final result was noted on the analysis and finding of this research. Based on the three (3) case study above author indicate Dewan Bahasa dan Pustaka (case study 1) use current practice from Jabatan Kerja Raya (JKR). Case studies at Summit Subang USJ (case study 2) and Bangsar Trade Centre (case study 3) use follow practice from Department Occupational Safety and Health (DOSH)

    READINESS OF DAKWAH INSTITUTIONS FACING THE MILLENNIAL ERA

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    Research Objectives: To determine the preparation of da'wah institutions in facing the millennial era. Research Methods: Qualitative. Research Results: The six da'wah institutions that the author has researched (Dewan Da’wah Islamiyah Indonesia, Persatuan Islam (PERSIS), IKADI, Hidayatullah, Wahdah Islamiyah, and University of Da’wah Mohammad Natsir (STID MOHAMMAD NATSIR) state that they are ready and even each of them has developed strategies and concrete steps to preach and guide people in this millennial era. Tujuan Penelitian: Untuk mengetahui kesiapan lembaga dakwah dalam menghadapi era milenial. Metode Penelitian: Kualitatif. Hasil Penelitian: Keenam lembaga dakwah yang penulis teliti (Dewan Da’wah Islamiyah Indonesia, Persatuan Islam (PERSIS), IKADI, Hidayatullah, Wahdah Islamiyah, and University of Da’wah Mohammad Natsir (STID MOHAMMAD NATSIR) menyatakan siap bahkan masing-masing telah menyusun strategi dan langkah konkrit untuk berdakwah dan membimbing umat di era milenial ini

    Rule behind the silk curtain: the Sultanahs of Aceh 1641-1699.

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    PhDThis thesis is about the kingdom of Aceh Dar al-Salam in the latter half of the seventeenth century when four women ruled in succession: Sultanah Tajul Alam Safiatuddin Syah (1641-1675), Sultanah Nur Alam Naqiatuddin Syah (1675-1678), Sultanah Inayat Zakiatuddin Syah (1678-1688) and Sultanah Iamalat Zainatuddin Syah (1688-1699). How and why these queens came to power, and how they exercised it, are problems that have fascinated enquirers, prompting a range of comments and observations, especially the assertion that the queens were mere figureheads, during whose reigns the male elite (orangkaya) captured power. The Sultanahs were held responsible for the erosion of royal power and the kingdom's decline in the seventeenth century. Yet no in-depth study has ever investigated these claims. The main objective of this thesis is to evaluate the received views on these female sovereigns. The thesis also seeks to examine the origin, nature and impact of these Sultanahs. Female rule seems a curious phenomenon in a Muslim state. Furthermore, in a largely patriarchal kingdom such as Aceh, queens seemed to be strangely out of place. This unique episode in Aceh's history happened when European Companies - the Dutch VOC (Veerinigde Ooost-Indische Compagnie) and the English East India Company - were gradually increasing their commercial hold and flexing their military muscles in the region. Indigenous polities suffered increasing interference and pressure from Westerners. Most Malay and Muslim coastal polities in maritime Southeast Asia fell into European intruders' hands. By exploring the circumstances and arguments surrounding female accession, and examining some key episodes that show how power worked in Aceh at the time, I hope to approach a new understanding of how and why the male elite of Aceh placed the fate of the kingdom in the hands of women, and with what effects

    Analisis Hukum Terhadap Resolusi dewan Keamanan PBB Nomor 1973 Tahun 2011 Pada Konflik Bersenjata Di Libya

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    Security Council resolutions of the United Nations (hereinafter referred to UN Security Council) is the decision of the fifteen members of the UN Security Council as the most powerful organ of the United Nations. This decision has legal power to force (legally binding) to the conflict which they finished. One of the resolutions issued by the UN Security Council Resolution 1973 is in the armed conflict in Libya Conflict in Libya is a conflict between the government led by Khadafi (President) with opposition groups who want it backed away from the presidency because votes authoritarian who has ruled for 42 years. The conflict that led to armed conflicts that threaten peace and security to the Security Council found it necessary to intervene in resolving problems that occur with the provisions in the form of issuing a resolution. Based on the above matters, this paper raised the point about the legal analysis of the UN Security Council Resolution 1973 of 2011 numbers in the armed conflict in Libya In the case study method of this thesis, the author uses the method of juridical normative research is to collect materials from the library literature and materials of the legislation and official sites on the Internet that relate to the discussion under investigation Descriptive writing of this thesis is the study of juridical materials library, In the case study method of this thesis, the author uses the method of juridical normative research. Descriptive writing of this thesis is the study of juridical materials library, legislation and websites related to this research From the research results can be concluded that first, the UN Security Council Resolution 1973 on the number of armed conflicts are legitimately, in accordance with the procedures and provisions contained in the UN Charter Article 24, 33, 34, and 39 charter which among states on the authority of the UN security council to perform an act for the achievement of international peace and security in the form of a security council resolution, two, the interventions of the UN security council Libya had violated the sovereignty of the United Nations provisions of article 2, paragraph 4 which states ban the use of armed force against a sovereign country. On the other hand the principle of responsibility to protect must be implemented to protect the human rights violations that occur within a sovereign state thoug

    The philosophy of Nagogho Astana

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    NAGOGHO ASTANA is a sociopolitical novel by Dr. Syed OthmanSyed Omar, who is also known as S. Othman Kelantan. The novelis set in a developing independent Muslim country. Nagogho Astana, from a historical perspective according to studies carried out by Professor Zamani al-Turabi, had existed in at least the Bronze Age (2000 - 1000BC). This Nagogho Astana is headed by a Menteri Perdana (Minister Prime) named Dr. Ahmad Zafrullah bin Maqam Zafrullah, who leads the Negara Tercinta Party (PANAT). He had formed a secular Muafakat government. The author had depicted the Menteri Perdana as being not just any leader. The Menteri Perdana has succeeded in bringing about progress to Nagogho Astana that is incomparable in the Third World. The novel contains 25 chapters and is 279 pages long. It has two perspectives: the first is a leadership conflict and the second is a conflict on the philosophy in developing the country. The first conflict is specific while the second conflict is general. The first conflict is hinted at by the author in the second chapter, entitled \u27Menteri Perdana\u27. (Page 11) Menteri Perdana is depicted as being extremely angry with the Opposition Leader in Parliament, Dr. Muhammad Mustaqim alQudsi or Ustaz Mustaqim, a religious professor qualified from India, Egypt and Canada. The Opposition Leader was campaigning for the powers of the Menteri Perdana to be reduced. (Copied from article)
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