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Ahmed, Ahmed Salem
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Religion Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Fa‘āliyah Ta‘zīz Dawr al-Qānūn li Taṭwīr Qiṭā‘ al-Ḥalāl wa Taḥwīl Mukhrajātihi ilā Sūq al-‘Amal Ahmed, Ahmed Salem
Al-Ahkam Volume 29, Nomor 1, April 2019
Publisher : Faculty of Shariah and Law, State Islamic University (UIN) Walisongo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (66.677 KB) | DOI: 10.21580/ahkam.2019.29.1.3367

Abstract

Ḥalāl concept correlation with the industry and trade has shown a new matter leads to discovering other sciences to find the scientific basis for the Islamic principle that governs these matters, especially in the natural and economic sciences, but the different philosophy between Islamic science and those sciences led to the dichotomy of research between the laboratories and jurisprudence groups. In spite of the high value of the output of both of them, but they are unable to translate it and linked it with the labor market, here where the researcher has felt the law role importance and its ability to coordinate these efforts and codify them as a reference in the ḥalāl standard application and settlement of its disputes, which show the law-science creativity  in ḥalāl sector, by pointing the legalization importance and its direct connection with the rights and duties of those connected with the ḥalāl sector.
The Extent of Arbitration's Preference and Independence over the Judicial System in Disputes Resolution Selection: A Re-Evaluation for Developing Judiciary and Arbitration Systems Ahmed, Ahmed Salem
Mazahib VOLUME 18, ISSUE 2, DECEMBER 2019
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1177.366 KB) | DOI: 10.21093/mj.v18i2.1450

Abstract

The arbitration system is considered to be the most effective and efficient way of dispute resolution than the judicial litigation system. This opinion is based on several reasons such as time speed, confidentiality, flexibility, and so forth. Therefore, arbitration is considered to be able to present preference and independence in dispute resolution. However, this assumption needs to be assessed scientifically in accordance with existing realities. Hence, this article is to compare between the arbitration and other litigation systems in terms of their advantages and disadvantages. It found that arbitration was present in response to the weaknesses of the rigid justice system and its lack of creativity in creating mechanisms for disputes between disputing parties. Despite the fact, the arbitration system, in some cases, does not have independence precisely because of its flexibility, confidentiality and lack of supervision. Thus this article confirms that the actual arbitration system does not have preferences and independence that far exceeds the general litigation justice system. In other words, the advantages of the arbitration system do not exceed that of the general justice system except for its flexibility in handling unique disputes.Keywords: Arbitration system – Judicial system – needs of developing for resolving the disputes.
Fa‘āliyah Ta‘zīz Dawr al-Qānūn li Taṭwīr Qiṭā‘ al-Ḥalāl wa Taḥwīl Mukhrajātihi ilā Sūq al-‘Amal Ahmed, Ahmed Salem
Al-Ahkam Volume 29, Nomor 1, April 2019
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (66.677 KB) | DOI: 10.21580/ahkam.2019.29.1.3367

Abstract

Ḥalāl concept correlation with the industry and trade has shown a new matter leads to discovering other sciences to find the scientific basis for the Islamic principle that governs these matters, especially in the natural and economic sciences, but the different philosophy between Islamic science and those sciences led to the dichotomy of research between the laboratories and jurisprudence groups. In spite of the high value of the output of both of them, but they are unable to translate it and linked it with the labor market, here where the researcher has felt the law role importance and its ability to coordinate these efforts and codify them as a reference in the ḥalāl standard application and settlement of its disputes, which show the law-science creativity  in ḥalāl sector, by pointing the legalization importance and its direct connection with the rights and duties of those connected with the ḥalāl sector.
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