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Comparative Analysis of Murabahah Financing Agreement with Musyarakah Mutanaqisah Financing Agreement in Indonesia's Sharia Banking System 印尼伊斯兰银行体系中Murabahah融资协议与Musyarakah Mutanaqisah融资协议的比较分析
Pub Date : 2023-03-29 DOI: 10.59683/ijls.v2i1.31
Anas Maulan, Burhanudin Harahap, Sasmini, Fakultas Hukum, Sebelas Maret
Indonesia is one of the largest Islamic countries in the world. In 2021, Indonesia has officially formed Bank Syariah Indonesia combined with 3 private Islamic banks, namely Bank BRI Syariah, Bank Mandiri Syariah and BNI Syariah. The purpose of Bank Syariah Indonesia is to facilitate sharia-based services that avoid customers from transactions containing elements of usury, gharar, maisir, haram and Zalim which are commonly applied in conventional banking in general in the form of interest. Islamic banking in Indonesia takes advantage not from usury but from financing or buying and selling goods carried out by banks with customers according to customer wishes and needs. One of the financing that is usually in demand by customers is the murabahah financing contract and the musyarakah mutanaqisah financing contract. These two contracts are the same as taking advantage of buying and selling goods but murabahah is more dominant in financing without a down payment and goods that have been determined from the beginning of the contract while muyarakah mutanaqisah is more dominant in financing the needs desired by customers in the form of cash instead of goods.
印度尼西亚是世界上最大的伊斯兰国家之一。2021年,印尼正式成立印尼伊斯兰银行(Bank ysariah Indonesia),并联合3家私人伊斯兰银行,即Bank BRI Syariah、Bank Mandiri Syariah和BNI Syariah。印尼伊斯兰银行的宗旨是促进以伊斯兰教为基础的服务,避免客户进行含有高利贷、gharar、maisir、haram和Zalim元素的交易,这些元素通常以利息的形式应用于一般的传统银行业务。印度尼西亚的伊斯兰银行不是从高利贷中获利,而是从银行根据客户的愿望和需求与客户进行融资或买卖商品中获利。客户通常需要的一种融资方式是murabahah融资合同和musyarakah mutanaqisah融资合同。这两种合同都是利用买卖货物的优势,但murabahah在没有首付款和从合同开始就确定的货物融资方面更占优势,而muyarakah mutanaqisah在以现金而不是货物的形式为客户所需的需求融资方面更占优势。
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引用次数: 0
Akparabong and Yalla-Nkum Relations in the Middle Cross River Region, Nigeria 尼日利亚中十字河地区的Akparabong和Yalla-Nkum关系
Pub Date : 2023-02-28 DOI: 10.59683/ijls.v2i1.36
Frank N. Enor, Kenneth Obem Etta
People and cultures migrating from one location to another is thought to be a long-standing historical trend. This is essentially true during the formative stages of nation-states. Internal and external factors more frequently induced the movement of a diverse range of people in groups or trickled them to habitations deemed more favourable, secure, or conducive to farming, settlement, hunting, and so on. Wars, slave raids, hostile neighborhoods, or the search for resources like water, salt ponds, and so on, constituted the push and pull factors of early migrations of populations. This paper considers the migrations and settlement of Yalla-Nkum and Akparabong and their impact on intergroup relations in Ikom, middle Cross River Region, from 1815–2007. The raison d’être and the factors of contacts and relations in determining the politics of Ikom have all been considered. The empirical phenomenological approach used in this study. Checking data is based on information obtained from informed informants. Documented sources also complement the primary data obtained. Findings show that ownership and management of scarce resources attract envy, hostility, and even resource conflicts among pre-colonial groups, thereby setting the pattern of relationships during the colonial era.
人们和文化从一个地方迁移到另一个地方被认为是一个长期存在的历史趋势。这在民族国家的形成阶段基本上是正确的。内部和外部因素更频繁地引起不同人群的群体流动或将他们转移到被认为更有利、更安全或更有利于农业、定居、狩猎等的居住地。战争、奴隶掠夺、敌对社区,或对水、盐池等资源的寻找,构成了早期人口迁移的推动和拉动因素。本文研究了1815-2007年克罗斯河中游地区伊康地区Yalla-Nkum族和Akparabong族的迁移和定居及其对族群间关系的影响。être的原因和决定Ikom政治的接触和关系因素都被考虑过。本研究采用的实证现象学方法。核查数据的依据是从知情的举报人那里获得的信息。文件来源也补充了所获得的原始数据。研究结果表明,对稀缺资源的所有权和管理会引起前殖民时期群体之间的嫉妒、敌意甚至资源冲突,从而形成殖民时期的关系格局。
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引用次数: 0
The Status of Customary Tenants in Relation to Land Held by Him: An Overview of Customary Law 习惯佃户在土地占有中的地位:习惯法概观
Pub Date : 2023-02-27 DOI: 10.59683/ijls.v2i1.34
M. Otu, Joe Edet
The article seeks to examine the effects of the Land Use Act of 1978 on the customary system of land holding in Nigeria. Since the birth of the Act, the problem facing our courts, ordinary people and lawyers is determining the actual position of customary tenants under the system of property rights introduced by the Law. The empirical legal research method used in this study is a type of qualitative research. This method focuses on cases in the community using legal studies, while the scope of this research is the Land Use Act 1978 against the customary land tenure system in Nigeria. The results of the discussion made it clear that the Laws on Land Use and Customary Land Owners have much in common. As such, the controversies generated by these issues continue to defy consensus among our academic "egg heads" as well as learned judges in our courts. Indeed, many court decisions appear to indicate that the courts have not settled the controversy on this issue. As a result, the judicial confusion for Nigerian means of conveyance continues to this day. 
本文试图考察1978年《土地使用法》对尼日利亚土地持有习惯制度的影响。自该法颁布以来,我国法院、普通民众和律师面临的问题是,在该法引入的产权制度下,确定习惯承租人的实际地位。本研究采用的实证法律研究方法是一种定性研究。该方法侧重于使用法律研究的社区案例,而该研究的范围是针对尼日利亚传统土地权属制度的《1978年土地使用法》。讨论的结果表明,《土地使用法》和《习惯土地所有人法》有许多共同之处。因此,由这些问题产生的争议继续无视我们的学术“蛋头”和我们法庭上学识渊博的法官的共识。事实上,许多法院的判决似乎表明,法院并没有解决这个问题上的争议。因此,尼日利亚运输工具的司法混乱一直持续到今天。
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引用次数: 0
Juridical Analysis of Implementation of Public Service Standards in the Service of Population and Civil Registration in Magetan District 马吉滩区人口与民事登记服务公共服务标准实施的司法分析
Pub Date : 2023-02-27 DOI: 10.59683/ijls.v2i1.28
Enny Fransiskawati, Saiful Anwar, M. Fadhli
Public service is an activity in which there is fulfillment of service needs in accordance with applicable regulations, because there are laws that regulate it, the community or residents have rights to goods or services and other administrative services that have been provided by public service providers. The purpose of this research is to be able to find out how the implementation of statutory regulations regarding the implementation of public service standards and what are the obstacles faced in public services. This writing uses the type of empirical legal research. This research is carried out by looking at the facts in the field where the contents of the research include understanding and studying how to apply the law directly to the subject of the field. The results and conclusions of this study are that the implementation of laws and regulations regarding the application of public service standards for the Population and Civil Registration Office of Magetan Regency has implemented the law well marked by the absence of problems with the community, although in conclusion it cannot be fully stated that the Magetan Population and Civil Registration Agency has universally implemented law but in one subject this can be said as a public service provider is already a very good thing.
公共服务是一种根据适用法规满足服务需求的活动,因为有法律对其进行规范,社区或居民有权获得公共服务提供者提供的商品或服务和其他行政服务。本研究的目的是为了能够找出关于公共服务标准实施的法律法规的实施情况,以及公共服务面临的障碍是什么。本文采用实证法律研究的方式。本研究是通过观察该领域的事实来进行的,其中研究的内容包括理解和研究如何将法律直接应用于该领域的主题。这项研究的结果和结论是,关于马吉坦县人口和民事登记办公室适用公共服务标准的法律和条例的执行很好地执行了法律,其特点是社区没有出现任何问题。虽然最后不能完全说明Magetan人口和民事登记机构普遍执行了法律,但在一个主题上可以说,作为一个公共服务提供者已经是一件非常好的事情。
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引用次数: 0
Comparative Study of Islamic Legal Systems in the Application of the Istishna' Agreement in Indonesia and Malaysia 《伊斯提纳协定》在印度尼西亚和马来西亚适用中的伊斯兰法律制度比较研究
Pub Date : 2022-12-19 DOI: 10.59683/ijls.v1i3.26
Khansa Tazkiya, Burhanudin Harahap, H. Purwadi
The provisions in the Qur'an and al-Hadith bind Islamic Contract Law. From the Islamic perspective, contracts are better known by the word Akad. The most significant factor in the increase in profit power in Islamic contract law is obtained from financing agreements. Indonesia and Malaysia, as Muslim-majority countries, provide different arrangements regarding istishna's financing agreement'. Therefore, this legal research aims to compare Islamic legal systems in applying the istishna' agreement in Indonesia and Malaysia based on the DSN MUI Fatwa and the SAC BNM Fatwa. The research method is a doctrinal legal research method with a comparative approach. The results showed that in the application of the istishna' contract in Indonesia and Malaysia, there was no significant difference. The development of istishna' agreements between the two countries from year to year has fluctuated. The number of istishna' financing agreements in Indonesia is higher than in Malaysia.
《古兰经》和圣训中的规定约束着伊斯兰合同法。从伊斯兰的角度来看,“契约”这个词更广为人知。伊斯兰合同法中利润能力增加的最重要因素来自融资协议。印度尼西亚和马来西亚作为穆斯林占多数的国家,对istishna的融资协议提供了不同的安排。因此,本法律研究旨在比较基于DSN MUI法特瓦和SAC BNM法特瓦的伊斯兰法律制度在印度尼西亚和马来西亚适用的istishna协议。研究方法是一种比较方法的理论法学研究方法。结果表明,在印度尼西亚和马来西亚的istishna合同的应用中,没有显著差异。两国间协议的发展每年都有波动。印尼的渔业融资协议数量高于马来西亚。
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引用次数: 0
Implications of the Determination of Marriage Dispensation on Divorce Case 婚姻豁免认定对离婚案件的启示
Pub Date : 2022-12-17 DOI: 10.59683/ijls.v1i3.18
Nur M. T Takdir, M. F. Abdullah, Muhammad Tahmid Nur, Muhammad Farhan Abdullah
The purpose of this study is to discuss the implications of establishing a marriage dispensation for divorce cases at the Sengkang Religious Court. This type of research is qualitative field research with a normative juridical approach. A strategic solution to minimizing marital dispensation is to educate children that underage marriages have a high risk, including when giving birth later, the Regional Government must also play an active role by issuing regulations in the form of laws regarding dispensation of marriage and the prohibition of underage marriages. The implication of dispensation for underage marriage is a cause of conflict in the household which leads to divorce, besides that the cause of death of mothers or babies born is due to the lack of physical maturity on the part of the woman.
本研究的目的是探讨圣康宗教法院在离婚案件中设立婚姻豁免制度的意义。这种类型的研究是用规范的法律方法进行定性的实地研究。最大限度地减少婚姻豁免的一个战略解决办法是教育儿童,未成年婚姻有很高的风险,包括在晚育时,区域政府还必须发挥积极作用,以法律形式颁布关于婚姻豁免和禁止未成年婚姻的规定。免除未成年人结婚的含义是家庭冲突的一个原因,导致离婚,此外,母亲或婴儿死亡的原因是由于妇女身体不够成熟。
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引用次数: 0
E-Commerce and Cyber Vulnerabilities in Bangladesh 孟加拉国的电子商务和网络漏洞
Pub Date : 2022-12-16 DOI: 10.59683/ijls.v1i3.24
Muhammad Tanbirul Islam, Md. Fokhrul Islam, Juairiya Sawda
The e-commerce growth scenario is forging a new dynamism in business and does not offer time-bound, cost-effective and hassle-free buying and selling. Following the changing approach, security management in e-commerce (cyber security) is now a focus. This research is a qualitative research that uses a case study method to analyze risks and vulnerabilities in the field. People in Bangladesh are primarily unaware of the risks related to using computing and digital devices and online platforms. This article articulates the risk factors associated with the growing reliance on digital technologies and devices. Then, some policy guidelines are prescribed for the national level and individual level, including leading social campaigns, new chapters in the school curriculum, advancing technological aptitudes of law enforcers, strengthening security systems in e-commerce, embanking sites, bringing frauds to justice, initiating law to define cybercrimes, fortifying institutional management of cyber securities.
电子商务的增长场景正在打造一种新的商业活力,并没有提供有时间限制、成本效益和无障碍的买卖。随着方法的变化,电子商务中的安全管理(网络安全)现在是一个重点。本研究是一项定性研究,采用案例研究的方法来分析该领域的风险和脆弱性。孟加拉国人民基本上没有意识到与使用计算机和数字设备以及在线平台相关的风险。本文阐述了与日益依赖数字技术和设备相关的风险因素。然后,为国家和个人层面制定了一些政策指导方针,包括领导社会运动,学校课程的新章节,提高执法人员的技术能力,加强电子商务,电子银行网站的安全系统,将欺诈行为绳之以法,启动法律定义网络犯罪,加强网络安全的制度管理。
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引用次数: 0
Undergraduate Political Science Curriculum of International Islamic University Malaysia (IIUM) 马来西亚国际伊斯兰大学政治学本科课程(IIUM)
Pub Date : 2022-12-15 DOI: 10.59683/ijls.v1i3.20
M. A. Aziz
Uplifting human moral values, social commitment and integrated personality is the core aim of education in addition to prepare graduates with professional skills and disciplinary knowledge. On that focus, the study developed the Integrated Political Science Curriculum Framework (IPSC) followed by mainly three approaches of educational research: philosophical, historical, and curriculum criticism. The IPSC model accommodated the courses on core disciplinary and faculty required courses, revealed knowledge, and generic skills. The proposed model was in response to growing scholastic debate on educational dualism and crisis of western education, devoid of moral and religious essence. The study mainly adopts library research and document analysis: previous curriculum models and university education frameworks, official documents, etc. In this article, the successful application of IPSC in the IIUM political science curriculum is rightly exemplified and indicates the relevancy of this in the multicultural society like Malaysia, Indonesia and Bangladesh.
除了培养毕业生的专业技能和学科知识外,提升人类的道德价值、社会责任感和完整的人格是教育的核心目标。在此基础上,本研究发展了综合政治学课程框架(IPSC),主要遵循三种教育研究方法:哲学、历史和课程批评。IPSC模式适应核心学科课程和教师必修课程,揭示知识和通用技能。这种模式的提出是为了回应学术界对教育二元论的争论和西方教育的危机,缺乏道德和宗教的本质。本研究主要采用图书馆研究法和文献分析法:前人的课程模式和大学教育框架、官方文件等。在本文中,IPSC在IIUM政治学课程中的成功应用得到了正确的例证,并表明了它在马来西亚,印度尼西亚和孟加拉国等多元文化社会中的相关性。
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引用次数: 0
Implications of the Covid-19 Pandemi as Forcing Circumstances (Overmacht) in Credit Agreements 2019冠状病毒病大流行对信贷协议中强制性环境(Overmacht)的影响
Pub Date : 2022-12-14 DOI: 10.59683/ijls.v1i3.25
Haadi Arrosyiid, F. Febriansyah
This study discusses whether the Covid-19 pandemic can be classified as a force majeure (overmatch) in a credit agreement. This study uses a normative juridical method by conducting a literature study on legal materials obtained from laws, literature, and other books related to this writing. From the results of the research that has been done, the policies implemented during the Covid-19 pandemic could have gone better. This is marked by the continued decline in the community's economy, so the achievements in the agreements still need to be fulfilled. Many parties, one of which is a debtor in a credit agreement, have failed to pay by using force majeure (overmatch) to avoid responsibility for compensation. The Covid-19 pandemic can indeed be classified as a force majeure (overmacht) as long as the debtor can prove the reasons he stated to the creditor in several ways, namely 1) An unexpected event occurred, 2) An event that occurred beyond his control/fault, and 3) some events prevent the debtor from fulfilling his achievements.
本研究讨论了在信用协议中,Covid-19大流行是否可以归类为不可抗力(overmatch)。本研究采用规范的法学方法,对从法律、文献和其他与本文写作相关的书籍中获得的法律材料进行文献研究。从已经完成的研究结果来看,在2019冠状病毒病大流行期间实施的政策本可以做得更好。这一现象的特点是社区经济持续衰退,因此协议中的成就仍需实现。许多当事人,其中一方是信用协议中的债务人,为逃避赔偿责任,以不可抗力(超配)为由未能付款。只要债务人能够从以下几个方面证明其向债权人陈述的原因,即1)发生了意外事件,2)发生了超出其控制/过失的事件,3)某些事件使债务人无法实现其成就,新冠肺炎大流行确实可以被归类为不可抗力(势不可挡)。
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引用次数: 0
Strong Relations Uzbekistan Plays an Important Role in Central Asia (US perspective) 乌兹别克斯坦在中亚扮演重要角色(美国视角)
Pub Date : 2022-08-22 DOI: 10.59683/ijls.v1i2.22
Bobur Bakhrom ugli Toshbekov
Henry Clark, the first US ambassador to Uzbekistan, recalled how the country spent its days with coupons and economic hardships when it was hard to boil the pot. Political scientist Ainura Akmatalieva stated, “In US policy in Central Asia, the desire to strengthen relations with Kazakhstan and Uzbekistan will prevail over regional dialogue”. It was noted that the US is focusing on Uzbekistan because of Afghanistan and stability. In this paper, I will analyze why the relationship between Uzbekistan and the United States is more robust than that of other Central Asian countries. A phenomenological approach is used in this study and is supported by a literature review based on open sources (articles, reports, news), accompanied by applying International Relations theory. In the last section, I try to conclude by recommending policies to the President of the Republic of Uzbekistan, Shavkat Mirziyoyev. In conclusion, I recommend maintaining strong and beneficial relations for both sides in many sectors. Still, neutrality should remain the basic concept of Uzbekistan when it comes to other industries, such as foreign policy, military agreements, and interference in any issues between Afghanistan and the Taliban.
美国首任驻乌兹别克斯坦大使亨利·克拉克回忆起该国在艰难地熬锅时是如何度日的。政治学家阿伊努拉·阿克玛塔利耶娃说:“在美国的中亚政策中,加强与哈萨克斯坦和乌兹别克斯坦关系的愿望将压倒地区对话。”有人指出,美国之所以把重点放在乌兹别克斯坦,是因为阿富汗和稳定。在本文中,我将分析为什么乌兹别克斯坦与美国的关系比其他中亚国家更牢固。本研究采用现象学方法,并辅以基于开放资源(文章、报告、新闻)的文献综述,同时运用国际关系理论。在最后一节,我试图通过向乌兹别克斯坦共和国总统沙夫卡特·米尔济约耶夫提出政策建议来结束本文。总之,我建议双方在许多领域保持牢固和有益的关系。尽管如此,在涉及外交政策、军事协议以及干涉阿富汗与塔利班之间的任何问题时,中立仍应是乌兹别克斯坦的基本理念。
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引用次数: 0
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International Journal of Law and Society (IJLS)
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