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All Journal Al-Ahkam Al-Mawarid Jurnal Hukum Islam al-Mawarid Jurnal Syariah dan Hukum (JSYH)
Arif Ali Arif, Arif Ali
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Religion Humanities Astronomy Law, Crime, Criminology & Criminal Justice Social Sciences

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مناهضة العنف الأسري كوردستان العرق أنموذجا دراسة فقهيّة تقويميّة Arif, Arif Ali; Kholid, Ridwan Hazim
Al-Mawarid Jurnal Hukum Islam Vol 15, No 1 (2015): Islamic Family Law Reform in Contemporary Indonesia
Publisher : Islamic University of Indonesia

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Abstract

The following article tries to trace two important issues of act relating to domestic violence in Kurdistan, Iraq. This study denotes the study of contemporary jurisprudence regarding the issue of beating and coercion in the family. It sparked controversy in the perspective of the law and sharia law. This issue then be viewed from the concept of gender. The aim of this study is to clarify the concept of domestic violence and to indicate the issues contained in the legislation in jurisprudence viewpoint. Inductive approach used by researchers to collect scientific data in this research as well as analysis of other assistance. Results of this study have revealed that sometimes there are problems in the structure of the language, as well as contradict using of terminology. In addition, the lack of precision in the preparation draft of act which opposed to some provisions of sharia. This requires that the Kurdistan regional government to review the issue of requalification from the perspective of jurisprudence, law, languages, psychology and sociology. Keywords : Domesticviolence, Kurdistan, Gender, Kurdishlegislation.
Al-‘Alāmah al-Tijāriyyah wa Ḥimāyatuhā fī al-Qānūn al-Indūnīsī: Dirāsah Fiqhiyyah Taqwīmiyyah Haq, Husnul; Arif, Arif Ali
Al-Ahkam Volume 30, Nomor 2, Oktober 2020
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (604.026 KB) | DOI: 10.21580/ahkam.2020.30.2.5293

Abstract

The trademark plays an important role in economic life, as it is a way for the merchant to distinguish his products from those produced by others. It also helps consumers to identify the products they want. Therefore, the countries of the world have agreed to conduct agreements to protect it, on top of which is the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). When the State of Indonesia agreed to sign this agreement, it had to provide legal cover in the field of the trademark. The research aims to demonstrate trademark protection in Indonesian law and Islamic jurisprudence. This research falls within the library search, and its description is an analytical and critical description. After careful consideration, the research concludes that Indonesian law and Islamic jurisprudence are in agreement of considering the trademark as property and right. So, they agree on the necessity of trademark protection and imposing the punishment for the aggressor. Meanwhile, they differ in the imprisonment; the law considers it as a basic punishment while Islamic jurisprudence considers it as a secondary punishment
The Basic Rights of Disability in Sharia Abdulah Al-Ali, Fatemah Ahmad Mohamad; Arif, Arif Ali
al-Mawarid Jurnal Syariah dan Hukum (JSYH) Vol. 1 No. 1 (2019): al-Mawarid Jurnal Syariah dan Hukum (JSYH)
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/mawarid.vol1.iss1.art5

Abstract

This research highlights the basic rights of disabled, owing to the great importance of these rights to human life and his health, and the close relationship of those rights with the effectiveness of disabled and his ability to function and participate in society. Especially, with the widespread ignorance in some sectors about the rights of the disabled, or derogating him, his personality, and wasting his dignity by mocking him and exploiting his weakness and silliness. The study in this research revolves around the basic rights of disabled as well as the preventive aspect to reduce and avoid disability. So, the research firstly clarifies the basic rights and their contents, such as the right to life, dignity, equality, justice, education, work and privacy. Secondly, it discusses the health rights from the aspect of prevention and the care of Islam about the therapeutic medicine. The inductive and analytical methods are used in the research to search for the evidence in the jurisprudential references on the concern of Islam about the therapeutic medicine.The most important outcome of this research is that: Islam preserves the humanity and dignity for the disabled and prohibits any kind of aggression or encroachment on them, in order for them to live in a way that makes them integrate with others in the society without feeling humiliation or disgraced. Islamic Shariah also guides us to prevent diseases and disabilities, and to preserve the soul and body. The research axes include four topics
Co-Authors Abdulah Al-Ali, Fatemah Ahmad Mohamad Husnul Haq, Husnul Ridwan Hazim Kholid, Ridwan Hazim