Suchergebnisse

Hire purchase contract in Iran law is known as conditional hire contract which is based on article one of the executive direction. It is a correct, legal and applicable contract which has useful privilege and is used in order to easily and holistically access to economic interest and sustainable development. Therefore it is necessary to explain it in law and Islamic law also to approve its laws and regulations. The objective of this research is to investigate the legal nature of hire purchase in Iran and Islamic law. This research is based on descriptive and library methods. According to the results due to the lack of law records in civil code, hire purchase has not been explained in Iran law and needs to be characterized separately.

This study analyses the major intellectual positions in the philosophical debate on Islamic law that is occurring in contemporary Iran. As the characteristic features of traditional epistemic considerations have a direct bearing on the modern development of Islamic legal thought, the contemporary positions are initially set against the established normative repertory of Islamic tradition. It is within this broad examination of a living legacy of interpretation that the context for the concretizations of traditional as well as modern Islamic learning, are enclosed

"One of the most hotly debated issues in contemporary Muslim ethics is the status of women in Islamic law. While Muslim conservatives argue that gender-differentiated legal rulings reflect complementary gender roles, Muslim feminists argue that Islamic law has subordinated women and is thus in need of reform. The shared assumption on both sides, however, is that gender fundamentally shapes an individual's legal status. Beyond the Binary explores an expansive cross section of topics in ninth- to twelfth-century Hanafi legal thought--from sexual crimes to consent to marriage--to show that early Muslim jurists imagined a world built not on a binary distinction between male and female but on multiple intersecting hierarchies of gender, age, enslavement, lineage, class, and other social roles. Saadia Yacoob offers a restorative reading of Islamic law, arguing that its intersectional and relational understanding of legal personhood offers a productive space for Muslim feminists to move beyond critique and instead to think with and through the Islamic legal tradition"--

In several regions, the implementation of reclamation in Indonesia caused much conflict. At least, it caused by three interests; the interest of the government, employers, and society (fishermen). The interests of the Government and local authorities to give permission to reclaiming for the pursuit of local revenue, the interests of employers to reclaiming the coastal, because they wanted to add company's revenues, while the interests of society (fishermen) to defend coastal areas so it not diminish their livelihood. Reclamation in Indonesia has been governed by legislation, but it has not been able to resolve the coastal reclamation. This is due to the legislation governing coastal reclamation, and local governments are ignorant of the rules concerned. In addition, the central and local governments are often tends to interest of employers rather than the fishing communities, so it triggering conflict in reclamation. Positive law as a law made by the government and legislative assembly and the local government with local legislative, a rule that was born as result of an agreement between them, and neglecting the Islamic law that was created by God to organize all the things in this world, including in the management of the universe (coastal). God as the creator of this universe, allowing to manage and utilize natural, if for the benefit of humanity as a whole, and not for those of a human. Therefore, in the implementation of reclamation, the Government and local authorities need to synergize Islamic law into positive law in resolving the problems of social and natural resources.

The period before various legal traditions encounter to Indonesia, the people living in these islands has owned rules that contain the value of values as the original law. The term of original law is also known as the name of "chthonic" law, and is used as the customary law of the community of Indonesia, or the archipelago known at that time. The customary law tradition is very different from other legal traditions; this system has a special character that is very different from the character of other legal traditions. Furthermore, around the seventh century of AD, the influence of religion encounter as well; the first is Hinduism, then the religion of Islam brought by traders from Arabia and India. The term known as custom, with its unwritten form and religious element as the definition proposed by Soepomo (1996), is indeed identical with the term given by experts in the colonial period such as: "Godsdientige Wetten, Volks instelingen En Gebruiken" (Regulation of Religious Ordinance, People's Institution and Customs), "Godsdientige Wetten, Instelingen En Gebruiken (Religious Regulations, Institutions, and Customs), Met Hunne Godsdiensten en Gewoonten Samenhangen de Rechts Regelen" (Rules of law relating to Religion and religion customs habits), in addition there are also called the Islamic Law or Mohameden Law. It shows that at that time Customary Law is equalized as religious law. The point of contact between the two can also be identified from the theories that develop at that time as in the theory of Receptio in Complexu (Salmon Keyzer and van Den Berg); Receptie Theory (Scouck Hurgronye); Theory of Receptio a Contrario (Ha zairin). The relationship between customary law and Islamic law is widely found in the field of family law that is the issue of marriage law and inheritance law. After Independence, legislation products related to Islamic law include Law no 1 of 1974, Law no 50 of 2009, Law no 21 of 2008 regarding Islamic Banking.Int. J. Soc. Sc. Manage. Vol. 5, Issue-2: 51-59