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Journal articles on the topic 'Liability (Islamlic law)'

Author: Grafiati

Published: 4 June 2021

Last updated: 28 July 2025

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1

Mohd Khair, Siti Khadijah, Nuarrual Hilal Md Dahlan, and Harlida Wahab. "KONSEP LIABILITI DAN PEMBERIAN PAMPASAN GANTI RUGI DALAM KEMALANGAN JALAN RAYA MENURUT PERUNDANGAN ISLAM." UUM Journal of Legal Studies 10 (July 31, 2019): 45–77. http://dx.doi.org/10.32890/uumjls.10.2.2019.9128.

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ABSTRAK Aspek liabiliti dan pemberian pampasan ganti rugi merupakan perkara utama dalam membincangkan isu kesalahan kecuaian di dalam kes kemalangan jalan raya. Artikel ini bertujuan untuk menganalisa konsep liabiliti dalam kemalangan jalan raya menurut perundangan Islam dengan memfokuskan kepada kesalahan kecuaian dengan menggunakan pendekatan kualitatif. Dhaman atau denda ganti rugi dalam kajian ini akan menekankan prinsip khusus dan pendekatan ke atas aspek perlanggaran di jalan raya di dalam perundangan Islam. Kajian perpustakaan digunakan untuk liabiliti di dalam kes-kes perlanggaran bert

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Anggraini, Rina, and Rajin Sitepu. "Pertanggungjawaban Pidana Korporasi Dalam Hukum Pidana Islam." JURNAL HUKUM PELITA 6, no. 1 (2025): 254–68. https://doi.org/10.37366/jhp.v6i1.5803.

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Corporate criminal liability has become an important issue in modern criminal law, including in the context of Islamic criminal law. Although Islamic criminal law has historically emphasized individual liability, developments in the era require an analysis of the possibility of applying criminal liability to non-individual entities such as corporations. This article examines the concept of corporate criminal liability from the perspective of Islamic criminal law with a juridical-normative approach and comparative analysis of positive law. The results of the study show that although Islamic cri

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3

Hidayani, Sri, and Revi Fauzi Putra Mina. "The Concept of Criminal Responsibility in Islamic Criminal Law." Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam 3, no. 2 (2022): 67. http://dx.doi.org/10.58836/al-qanun.v3i2.19689.

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<p>Criminal law in Islam is an integral part of the Islamic legal system that regulates the behavior of individuals in society. The concept of criminal liability is an important aspect of this legal system, which includes various rules and principles governing how individuals are held accountable for criminal acts committed. This research aims to explain the concept of criminal liability in Islamic criminal law, focusing on the main principles related to law enforcement and punishment. The research method used is a normative juridical approach, which involves the study of Islamic legal d

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Surasa, Ais. "PERTANGGUNGJAWABAN PIDANA KORPORASI DALAM TINDAK PIDANA PENCUCIAN UANG PERSPEKTIF HUKUM ISLAM." Tatar Pasundan : Jurnal Diklat Keagamaan 14, no. 2 (2020): 190–98. http://dx.doi.org/10.38075/tp.v14i2.38.

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This research aims to find out the conditions of corporate criminal liability in money laundering offences based on Islamic law perspective. This research uses library research methods. The results concluded that corporate criminal liability conditions are stipulated in Article 6 of Law No. 08 year 2010, which contains that a person with money laundering will be 4 years or more in prisoned. Islamic law states that one who commits it, will be punished in return towards the actions of “jarimah” perpetrators (as the elements fulfilled). Thus, the criminal liability is a person who can experience

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Hendrawati, Heni, Nurwati Nurwati, and Budiharto Budiharto. "Children's Criminal Responsibilities: Comparative Study in Islamic and Criminal Law." Varia Justicia 14, no. 2 (2018): 101–8. http://dx.doi.org/10.31603/variajusticia.v14i2.2417.

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The study of criminal liability against child offenders based on Law No. 11 of 2012 concerning the Criminal Justice System of Children and according to Islamic Criminal Law is a very interesting phenomenon to study, especially during this time many phenomena of a minor underage sitting in the accused and detained like a big villain just because of a trivial matter. This study includes the type of research library research, so in this study, researchers conducted data collection through the study and library research on books relating to the problems the authors studied. In analyzing this study

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Aisyah, Siti, Anis Mashdurohatun, Jawade Hafidz, and Isnawati Isnawati. "The Reconstruction of Collateral Rights Guarantee Regulations in Musyarakah Financing Products in Sharia Banking Based on Justice Values." International Journal of Social Science Research and Review 8, no. 7 (2025): 122–32. https://doi.org/10.47814/ijssrr.v8i7.2719.

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Product Islamic Musyarakah Banking consists of Musyarakah and Musyarakah Mutanaqishah. The purpose of this study: 1) analyze regulation guarantees right liability on product financing musyarakah has not based on mark justice; 2) analyze weaknesses regulation guarantees right liability on product financing musyarakah; 3) reconstruct regulation guarantees right liability on product financing musyarakah in sharia-based banking mark justice. Research methods use paradigm constructivism, with socio-legal research, and types study descriptive. Types and sources of data used material secondary in the

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7

Mohamad, Abdul Bashir Bin. "Strict Liability in the Islamic Law of Tort." Islamic Studies 39, no. 3 (2000): 445–62. https://doi.org/10.52541/isiri.v39i3.5333.

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8

Dr. Rukhsana Shaheen Waraich, Dr. Mehboob Ali Shah, and Dr. Muhammad Fayyaz. "Liability for Medical Negligence: A study of Islamic Law." Al-Qamar 2, no. 2 (2019): 97–112. https://doi.org/10.53762/1pn03166.

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Preservation of life is one of the five main objectives of Sharī‘ah. Preservation of life includes preservation of health too. Every human being falls ill at some point of life and needs assistance of medical practitioner. Medicine is an inexact science and can go wrong. In such cases of mistake, misadventure, negligence and criminal actions, doctors and patients end up in court of law. It is pertinent for Muslim doctors, patients and courts to seek the knowledge about the perspective of Sharī‘ah regarding practice of medicine. Sharī‘ah guides medical practitioners by providing them general pr

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9

Abdillah, Junaidi, Tri Nurhayati, Najichah Najichah, Lira Zohara, and Muchammad Tholchah. "Contribution Model of al-Mas'ūliyyah al-Jinā'iyyah in the Formulation of Criminal Liability in Indonesia’s New Criminal Code." Al-Ahkam 34, no. 2 (2024): 367–92. https://doi.org/10.21580/ahkam.2024.34.2.22592.

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The evolution of criminal law in Indonesia reflects a complex interplay between indigenous legal traditions and external influences, including Islamic law. This article examines the contribution model of al-mas'ūliyyah al-jinā'iyyah (criminal liability in Islamic law) to formulating criminal liability in Indonesia’s New Criminal Code (KUHP Baru). The study adopts a qualitative research method, utilizing a comparative legal analysis framework to explore the dialectic between Islamic criminal law and the New Criminal Code. Data sources include classical legal texts, the book of Qur’anic exegesis

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10

Mahasneh, Nisreen S. "Liability Exemption for Failure to Perform under both the Vienna Convention for International Sale of Goods 1980 and Islamic Jurisprudence." Arab Law Quarterly 24, no. 1 (2010): 73–103. http://dx.doi.org/10.1163/157302510x12607945807278.

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This paper discusses the concept of liability exemption and its conditions under the Vienna Convention for International Sale of Goods 1980 as compared with Islamic Juris-prudence. Also discussed are other related issues, such as liability exemption involving a third party, partial impediment and temporary impediment. It appears that the Convention deals with the legal consequences of liability exemption in a way distinct from all other systems, including the Islamic Jurisprudence, in the sense that it keeps the contract in force and only prevents damages. However, the conditions for an impedi

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Ikhsan, Muhammad Izwan, Daleleer Kaur Randawar, Ahmad Ridhwan Abd Rani, Syuhaeda Aeni Mat Ali, and Shirin Shubashini Ramaiah. "Parental Liability Law in Malaysia for Children’s Misconduct: A Legal Overview." International Journal of Religion 5, no. 4 (2024): 179–92. http://dx.doi.org/10.61707/d2d7e789.

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This article explores into the evolving landscape of parental liability law in Malaysia by examining its foundations in criminal law, torts, and the Child Act 2001. It also draws comparisons with the United States to shed light on the potential prospects for reform in Malaysia. By analysing the Malaysian legal framework, which includes provisions from the Penal Code, Child Act 2001, other statutes, and Islamic jurisprudence, the article uncovers the existing contours of parental liability and highlights areas where clarity and refinement are needed. The study emphasises the need for a balanced

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Rizayeva, Dana, and Ammar Manna. "Circumstances excluding criminal liability under the criminal law of the Muslim countries." E3S Web of Conferences 135 (2019): 04071. http://dx.doi.org/10.1051/e3sconf/201913504071.

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In Islamic criminal law there are no institutions the general part, in that connection, it shared the list of circumstances that exclude the criminality of an Act, not developed. In Islamic criminal law, such circumstances, according to the analysis of some of his sources are not reaching the age of responsibility, a State of insanity, mislead, commit a crime under duress, self-defense, urgency, as well as remorse. The article is devoted to the characterization of the circumstances excluding criminal liability under the criminal law of the Muslim countries professing the Anglo-Saxon system of

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13

Pris Firdaus, Alfian Muslim, Zakiyatul Ulya, and Imron Mustofa. "Legal Consequences of the Death of a Member of a Limited Liability Company: A Comparative Study of Positive Law and Islamic Law." Syarah: Jurnal Hukum Islam & Ekonomi 13, no. 1 (2024): 17–33. http://dx.doi.org/10.47766/syarah.v13i1.2773.

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A Limited Liability Company as a business entity that has a major role in improving the economy, must deal with something that it cannot control such as the death of one of the members of the Company. In this case, the law, becomes the last gate that strengthens the establishment of the Company. Positive law is a provision that applies in a country that often deviates from Islamic values. On the other hand, Islamic law is believed to contain better benefits than other laws. Positive and Islamic law have different provisions regarding the legal consequences of a member of a joint stock company

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Ismail, Siti Zubaidah. "KECUAIAN DAN PENENTUAN LIABILITI DALAM KES KEMALANGAN JALAN RAYA MENURUT UNDANG- UNDANG ISLAM." Malaysian Journal of Syariah and Law 1, no. 1 (2009): 82–95. http://dx.doi.org/10.33102/mjsl.vol1no1.835.

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This article elaborates the position of negligence as a factor in causing road accidents. The focus is on Islamic law and how the liability of parties is determined. The determination of liability depends on how the accident occurs. Whether it is within or beyond a driver's control, islamic law has the explanation for both. In the case of road accidents, negligence can be established if the duty of care is breached. Vehicle speed is something within the control of a driver. Failure to obey the speed limit amounts to a breach of duty on the road and is considered as negligence.

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15

Azhari, Doni, and Asmuni. "A Comparison of the Concept of the Rule of Law in Indonesia and Islamic Law." Journal of Transcendental Law 5, no. 1 (2023): 28–40. http://dx.doi.org/10.23917/jtl.v5i1.2061.

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This research examines the idea of the rule of law in the theory of absolute liability and the perspective of Islamic law in Indonesia through comparative and conceptual analysis techniques. To compare and contrast the two, this research integrates the idea of the rule of law from general theory with the understanding of Islamic law. This research emphasizes the state’s initiative to incorporate the ideas of Islamic law into its legal framework. While the idea of the rule of law and the principles of Islamic law are relevant, combining the two presents both opportunities and obstacles. This re

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16

Amin, Mustafa Muhammad, and Ismail Abu Bakr Ali. "Article 91 of the Iraqi Personal Status Law A legal study compared to French law." Journal of Legal and Political Studies 13, Special Issue 2025 (2025): 264–76. https://doi.org/10.17656/jlps.10291.

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Article (91) relates to the inheritance of the spouses, and how much each spouse takes from the other’s estate after his death. I spoke briefly about the conditions of the spouses’ inheritance and assigned them in the third section. In this section, I will shed light on the financial liability of the wife and Article (91) and the amendment that occurred to it, and I focused on In my research on the wife’s financial liability after her husband’s death, because it is self-evident that the wife has an independent financial liability during her husband’s life I did not talk about this in my resear

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17

Ismail, Nurbazla, and Abdul Basir Mohamad. "LIABILITI BAGI PENIPUAN TORT DALAM FORENSIK." Jurnal Syariah 29, no. 1 (2021): 155–74. http://dx.doi.org/10.22452/js.vol29no1.7.

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Deceit is one branch of the offense under tort law. Deceit can be said to be a fraud act committed by someone who caused the other party to suffer loss or injury. The party suffering a loss or an injury can bring a claim in court on the basis of the tort law. Besides, the claimant must proof several important things before the court can decide the liability. This proof or evidence requires scientific verification by forensic experts. The testimony of the forensic expert can be used to convict deception and also can be used to dismiss the case in court. However, some forensic evidence is wrongl

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18

Khalfi, Amine El, Ong Argo Victoria, and Fareha Binti Moh. Zukri. "COMPARATIVE LAW OF ISLAMIC INHERITANCE AND CIVIL LAW INHERITANCE (WEST)." Sultan Agung Notary Law Review 1, no. 2 (2020): 109. http://dx.doi.org/10.30659/sanlar.1.2.109-120.

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Talking inheritance law can not be separated from some of the elements that are bound. The elements are as follows: 1) The Heir, heir is the person who died or people who give so-called legacy heir. Usually heir bestows both wealth and debt obligations or to other persons or heirs. 2) The heirs, heirs are those who inherit referred to as heir was given the legal right to receive the assets and liabilities or debts left by the testator. 3) Treasure heritage, heritage is everything that is given to the heir to the testator possessed, whether it be right or property such as houses, cars, and gold

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19

Ali, Younis. "The Extent to Which the Fault Is Required as a Basic Element of the Tortious Liability in the Iraqi Civil Law: An Analytical Comparative Study." International Journal of Law and Society 7, no. 1 (2024): 39–50. http://dx.doi.org/10.11648/j.ijls.20240701.16.

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The Author has done his utmost to draw distinctions between the Iraqi civil law No. (40) of 1951 from one hand and the Islamic jurisprudence, the English common law and some other Arab comparative laws. Although the Iraqi civil law is affected by the Islamic jurisprudence, and borrows the term of guaranteeing the harmful act from the juristic maxims of this jurisprudence. But it adopts impliedly the concept of the fault in the first paragraph of the article (186), by stipulating the willfulness or encroachment of both the perpetrator and the abettor. Thus confusing between the system of the gu

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20

Fuadi, Gumilang, and Muchammad Ichsan. "Liability for Nuclear Damage: Perspectives of International Conventions, Indonesian Positive Law, and Islamic Law." Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum 55, no. 2 (2022): 195. http://dx.doi.org/10.14421/ajish.v56i2.1223.

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21

Rizkiah, Siti Kholifatul, and Fajri Matahati Muhammadin. "A CRITICAL EXAMINATION TOWARDS THE ISLAMIC DISCOURSE ON “LIMITED LIABILITY”." UUM Journal of Legal Studies 11 (January 30, 2020): 1–36. http://dx.doi.org/10.32890/uumjls.11.1.2020.7309.

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The concept of limited liability has been a very important component of the development of the global economy. However, while limited liability is currently a reality all over the world including in the Islamic nations, it is not without discourse among the Muslim jurists. The debate mainly revolves around two core issues. The first issue is the concern of some jurists that the only acknowledged legal entity in Islamic law are natural persons, and that legal persons (like limited liability corporations) are ‘fictitious’. The second issue is concerning how the owners of the limited liability co

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22

Jazzar and Abd Shomad. "Liability of Islamic Banks in Bancassurance Activities." Journal of Law and Regulation Governance 3, no. 1 (2025): 435–45. https://doi.org/10.57185/jlarg.v3i1.90.

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The development of Islamic banking in Indonesia has driven collaboration between Islamic banks and insurance companies through bancassurance. However, this practice raises legal issues, particularly concerning the responsibility of Islamic banks in these activities. This study aims to analyze the legal relationship between parties in bancassurance and the responsibility of Islamic banks toward consumers. Using a normative legal method with a juridical approach, this research examines relevant legislation, including the Sharia Banking Law and regulations issued by the Financial Services Authori

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Rasouli, Mohammad Reza, Abbas Taghvaee, and Amir Reza Mahmoudi. "Formal Challenges of Criminal Liability of Legal Persons in Iran's Criminal Justice System." Interdisciplinary Studies in Society, Law, and Politics 3, no. 1 (2024): 158–66. https://doi.org/10.61838/kman.isslp.3.1.16.

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In this discussion, we aim to address the topic of the formal challenges of criminal liability of legal persons in Iran's criminal justice system and the procedural issues associated with it. One of the innovations of the Islamic Penal Code ratified in 2013 is the recognition of criminal liability for legal persons. The significance and special status of legal persons in contemporary society compelled the legislator to establish this important institution in criminal law by dedicating several articles to it. Criminal liability of legal persons has not been discussed in Islamic jurisprudence. T

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Piri, Hamid, Mansour Amirzadeh Jirkoli, and Seyyed Mohsen Jalali Shahri. "Examining the Foundations of Civil Liability in Statutory Laws with Emphasis on the Islamic Penal Code." Encyclopedia of Comparative Jurisprudence and Law 3, no. 1 (2025): 1–18. https://doi.org/10.61838/jecjl.3.1.17.

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Civil liability is a legal obligation and commitment of an individual to compensate for the harm inflicted upon another. One of the most fundamental issues in the realm of civil liability is the extent to which it aligns with social justice. Throughout history, legislators have consistently endeavored to establish laws and regulations based on principles of justice. One such regulation is the Islamic Penal Code, whose articles and foundations have been extensively employed by judges and legal scholars in the domain of civil liability law. However, a major obstacle to realizing this goal has be

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El-Malik, Walied M. H. "Precontractual Liability in Mineral Negotiations with Special Reference to Islamic Law." Yearbook of Islamic and Middle Eastern Law Online 3, no. 1 (1996): xix—31. http://dx.doi.org/10.1163/221129897x00045.

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Mohd Shukri, Muhammad Hafiz, Ruzian Markom, and Rahmah Ismail. "A REVIEW OF LEGAL PROBLEMS IN MALAYSIAN STRICT PRODUCT LIABILITY LAW – MAQASID SYARIAH AS A WAY FORWARD." Journal of Nusantara Studies (JONUS) 5, no. 2 (2020): 239–60. http://dx.doi.org/10.24200/jonus.vol5iss2pp239-260.

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Background and Purpose: Consumers who suffer from injury or property damage due to the existence of a defect in a given product is entitled to bring a legal action in court based on product liability law provisions in Malaysia. This study aims to analyse the legal problems of strict civil liability in product liability law in Malaysia based on the Consumer Protection Act 1999 (Act 599) (hereinafter “CPA 1999”).  Methodology: By applying a doctrinal approach based on qualitative methodology of legal research, this study involved a thorough analysis of the CPA 1999 as well as previou

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Ebrahimi Ramandi, Jamshid, Tayeb Afsharnia, and Ebrahim Yaqoti. "Foundations of Civil Liability for the Violation of Privacy in Cyberspace in Imamiyyah Jurisprudence and Iranian Law." Legal Studies in Digital Age 3, no. 4 (2024): 148–58. https://doi.org/10.61838/kman.lsda.3.4.13.

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Privacy, as one of the fundamental rights of individuals, is protected both in legal systems and in Islamic jurisprudence. Violation of this right may lead to civil liability, the foundations of which can be examined within jurisprudence and law. In the jurisprudential system, principles such as the rule of no harm (qāʿidat lā ḍarar), the principle of respect for the believer’s privacy, the principle of respect for human dignity, the principle of correctness (aṣālat al-ṣiḥḥa), the principle of generality of permission (ʿumūm al-idhn), and the rule of causation (qāʿidat al-tasabbub) emphasize t

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Oktaviana, Ria Rindika, and Budi Santoso. "Responsibilities and Authorities of External Directors in Family-Owned Companies: A Legal and Islamic Perspective." Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan 12, no. 1 (2025): 38–50. https://doi.org/10.32505/qadha.v12i1.10852.

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Family businesses account for 72% of enterprises in Indonesia, many of which operate as Limited Liability Companies (LLCs) to gain legal and financial flexibility. However, a significant governance problem arises when appointing external (non-family) directors; the boundaries of their authority and fiduciary responsibilities are often unclear. This ambiguity leads to legal disputes and diminished strategic roles, especially under the dominance of controlling family members. This study examines the boundaries of external directors' responsibilities in family-owned LLCs through the lens of Islam

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Shendi, Ismail Mohammad. "Protection Guarantees of War-prisoners’ Rights and the Liability for the Violation thereof in Islamic Fiqh and International Law – A Comparative Study." International Journal of Religion 5, no. 12 (2024): 1366–78. http://dx.doi.org/10.61707/9475z746.

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The study acknowledges the guarantees for the protection of war-prisoners’ rights and the liability for their violation in Islamic Fiqh and International Law, witnessing rising violent wars in which crimes are being committed against prisoners including execution, humiliation, bodily mutilation, torture, rape, sleep deprivation, starvation and other forms of oppression. The study is composed of four sections, followed by a conclusion. The first section highlights the definition of war-prisoners in Fiqh and international law, the second elaborates on their rights in Fiqh and international law w

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Dodeen, Mahmoud M. "Compensability of Moral Damage in Islamic Contract Law: A Comparative Analysis of the Palestinian, Jordanian and Qatari Civil Codes." Arab Law Quarterly 34, no. 2 (2019): 167–90. http://dx.doi.org/10.1163/15730255-12341041.

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Abstract This study explores Islamic law’s position towards the compensation of natural and juridical persons for moral damage within the scope of contractual liability in view of divergent and unclear legal and judicial opinions in Arab countries. One line of argument makes a distinction in the approach to tort and contractual liability. As a result, courts have been influenced by these opinions. In contrast, other jurists have not taken great pains to reach a different discretion in search of the truth. To enrich this study, to ensure a sound interpretation of the true situation, and in an a

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Rodliyah, Nunung, and Dheanilla Esa Lintang. "Heirs’ Liability for State Losses Arising from a Deceased Corruption Offender under Islamic Inheritance Law." Corruptio 5, no. 2 (2025): 137–44. https://doi.org/10.25041/corruptio.v5i2.4022.

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Corruption is an extraordinary crime that often leaves unresolved legal consequences when the perpetrator dies before serving their sentence, raising the question of whether heirs are responsible for settling resulting state losses. This study employs normative legal research through literature review to examine the compatibility between Islamic inheritance principles and the civil liability imposed on heirs in such cases. The findings show that Islamic inheritance law recognizes heirs’ obligation to settle the deceased’s debts, including those from unlawful acts, but strictly within the limit

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Sukris Sarmadi, Akhmad, Arne Huzaimah, Jalaluddin Jalaluddin, Lahmudinur Lahmudinur, Agus Bambang Nugraha, and Karimuddin Abdullah Lawang. "Criminal Liability of Children from the Perspective of Islamic Law and Positive Law in Indonesia." AT-TURAS: Jurnal Studi Keislaman 10, no. 1 (2023): 116–27. http://dx.doi.org/10.33650/at-turas.v10i1.5497.

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The position of children as legal subjects will certainly become a problem that needs to be studied in more depth. Children who physically and psychologically still need care and guidance in order to achieve perfect growth, precisely when dealing with the law will certainly experience psychological and even physical changes in a bad direction. In the case of children as legal subjects, there is a difference between Islamic law and positive law in Indonesia because of the different objectives of establishing and enforcing the law itself. To examine this problem, qualitative research methods are

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Latupono, Barzah. "Transformation of Marriage Dowry into Shares in a Limited Liability Company: A Review of Civil Law and its Implications." Journal of Ecohumanism 3, no. 3 (2024): 877–84. http://dx.doi.org/10.62754/joe.v3i3.3380.

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The transformation of marital dowry into shares in a Limited Liability Company marks a significant shift in the paradigm of civil and business law in Indonesia. This research explores the legal basis that enables the transformation of dowry into shares and its legal and business implications. In Islamic law in Indonesia, dowry is an obligatory gift from the prospective husband to the prospective wife which is the full right of the wife, and can be in the form of shares as per Clauses 32 of the Compilation of Islamic Law. The legal framework governing shares in Limited Liability Companies, incl

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Satria, Muhammad Chaidir, and Yuli Kasmarani. "PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU TINDAK PIDANA PENIMBUNAN OBAT TERAPI COVID-19." Ta'zir: Jurnal Hukum Pidana 6, no. 2 (2022): 136–47. http://dx.doi.org/10.19109/tazir.v6i2.14637.

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ABSTRACT The title of this research is criminal responsibility for the perpetrators of the criminal act of hoarding Covid-19 therapeutic drugs based on law number 36 of 2009 concerning health. Hoarding of drugs is something that is prohibited both in Indonesian legislation and in Islamic law, especially during the Covid-19 pandemic, of course, it can cause misery and loss in society. The problem raised in this study is criminal liability for the criminal act of hoarding Covid-19 therapeutic drugs. The method used in this research is a normative research method or what is often called lib

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Sela Sulaksmi Widyatamaka, Assyura Zumarnis, Nyulistiowati Suryanti, and Deviana Yuanitasari. "Analisis Hukum terkait Restrukturisasi BUMN melalui Konsolidasi Pembentukan Bank Syariah Indonesia: Aspek Regulasi dan Pengawasan." Eksekusi : Jurnal Ilmu Hukum dan Administrasi Negara 2, no. 1 (2023): 122–39. http://dx.doi.org/10.55606/eksekusi.v2i1.839.

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This research was made to find out how the application of law in the banking consolidation system which is the embodiment of a company owned by a State-Owned Enterprises (SOEs). Consolidation is the process of merging two or more companies to form one new company where the old company that has merged will disappear as a legal effect, such as Bank Mandiri Syariah, Bank BRI Syariah, and Bank BNI Syariah forming Bank Syariah Indonesia. With the consolidation mechanism, new legal consequences arise that will become the basis for running the consolidated banking operational system. The method used

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Fauziah, Fauziah, Muhamad Harun, and Resty Okta Iman Sari. "Corporate Social Responsibility Programs In the Principles of Sharia Economic Law." Nurani: Jurnal Kajian Syari'ah dan Masyarakat 22, no. 2 (2022): 251–60. http://dx.doi.org/10.19109/nurani.v22i2.14148.

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Limited Liability Companies a role in economic development and must be responsible for the surrounding environment in its business activities, known as CSR. Thus, it is necessary to know the arrangements regarding the CSR program. Reviewing the CSR program from the point of view of sharia economic law is also necessary. Therefore, researchers conducted research related to the CSR program to examine the program based on the principles of Islamic economic law. This research is qualitative research using secondary data. Data was collected through a documentation study. Data analysis technique was

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Hazegh, Atefeh, Akram Tajik, and Zahra Tajari Moazeni. "Civil Liability Arising from Imposing Sanctions on International Trade Against Iran." Interdisciplinary Studies in Society, Law, and Politics 4, no. 1 (2025): 148–58. https://doi.org/10.61838/kman.isslp.4.1.15.

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Today, one of the most critical factors for attracting investment, especially foreign investment, is protecting investors and safeguarding their rights in international trade. Disregard for ownership and investors' rights in international trade, and concerns over their violation in various forms such as expropriation, nationalization, confiscation, and seizure of property, has consistently been a significant challenge in the realm of international commercial law. This article, by elucidating the position of safeguarding investment rights and international trade, aims to explore how this right

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Usak, Usak. "Akibat Hukum Merger Bank Syariah Mandiri, BRI Syariah, dan BNI Syariah." Wajah Hukum 7, no. 2 (2023): 360. http://dx.doi.org/10.33087/wjh.v7i2.1253.

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The purpose of writing this article is to examine legal arrangements for merger of Islamic banking and legal consequences of the merger of Bank Syariah Mandiri, BRI Syariah, and BNI Syariah. The research method used in this research is normative juridical method. Results of this study found that provisions regarding the merger of Islamic Banking are carried out in accordance with the provisions of the legislation as mandated by Article 17 paragraph (3) of Law Number 21 of 2008 concerning Islamic Banking. The legal arrangements for the merger of Islamic Banking in Indonesia can be referred to t

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Abbas, Hafiz Ghulam, and Muhammad Sajjad. "English-6 The Concept of Tortuous Liability under Islamic Law: An Inquiry into Question of Compensatory Damages." Al-Aijaz Research Journal of Islamic Studies & Humanities 5, no. 2 (2021): 68–80. http://dx.doi.org/10.53575/english6.v5.02(21).68-80.

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Islam also provides the concept of tort which deals with civil rights of the people. It has not been codified yet, which leads judges to rely on interpretations and precedents in non-monetary damages cases such as mental torture, emotional distress, defamation and alike. Judges face more difficulties in assessing non-monetary damages and award of fair compensation. This paper discusses the issue of compensatory damages for non-monetary harms as allowed under Islamic law. The objective of this paper is to look for solutions by examining the principles of Islamic law regarding compensation for n

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Kia, Behrouz, Saleh Rezaei Pishrobat, and Mohammad Musazadeh. "Analysis of Principles of Nuclear Damage Compensation in International Conventions and Customary Law." Interdisciplinary Studies in Society, Law, and Politics 4, no. 2 (2025): 159–69. https://doi.org/10.61838/kman.isslp.4.2.14.

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Nuclear energy presents immense potential as a sustainable energy source but also poses significant risks of catastrophic damage in the event of accidents. Addressing the legal challenges associated with compensating for nuclear damage requires a cohesive framework that balances accountability, victim compensation, and environmental protection. This article critically examines the comparative dimensions of international conventions and customary international law governing nuclear liability. It analyzes key frameworks such as the Paris and Vienna Conventions, as well as customary principles li

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Zaisika Khairunnisak and Hashim Purba. "Good Corporate Governance in Sharia Banking." Indonesian Journal of Business Analytics 3, no. 3 (2023): 803–14. http://dx.doi.org/10.55927/ijba.v3i3.4813.

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Islamic banking business is growing in Indonesia. The implementation of sharia banking business is a tangible manifestation of the adoption of the Sharia Law System in Indonesia. Islamic banking business is carried out by Islamic banks. As a subject of law, in the implementation of Islamic banking business, Islamic banks are legally obliged to apply GCG Principles. The non-implementation of legal obligations to apply GCG Principles in the implementation of Islamic banking business creates legal liability for Islamic banks.This study discusses the application of GCG Principles in the implementa

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Masning, Nur Azizah, Hamidah Siti, and Sukarmi. "Liability for Personal Data Leakage of Fintech Consumer by Islamic Economic Law Perspective." International Journal of Arts and Social Science 5, no. 4 (2023): 196–205. https://doi.org/10.5281/zenodo.7751342.

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This research is written because of the Electronic Information and Transactions Acts (UU ITE) No. 19 of 2016 Article 26 Paragraph (1) that the use of consumer personal data must be with the consent of the data owner, in its implementation there is often the use of consumer data by third parties without the owner's consent, such as the case of the Tokopedia data leak. However, there has been no settlement or civil liability carried out by parties proven to have violated the rules. This problem can be examined from the perspective of Islamic Economic Law because the development of fintech is

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Zambrana-Tévar, Nicolás. "Civil Liability for Sex Abuse by Muslim Clergy in Spain." Journal of Law, Religion and State 9, no. 2-3 (2021): 270–98. http://dx.doi.org/10.1163/22124810-2021j006.

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Abstract State courts of civil law and common law jurisdictions alike are used to applying the rules of direct and indirect tort liability to Christian churches in different ways and with different results. But recent court decisions have put the issue of the civil liability of religious groups for acts of sex abuse by clergy in a different context, that of Islam. A common denominator in the reasoning of courts worldwide is the relevance of religious authority – authority to appoint and supervise clergy or authority vested in clergy – as an important factor in the attribution of civil liabilit

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Karimi, Fatemeh, and Mohammad Ali Ardebili. "Criminal Liability for other Behavior by Looking at Vote in Courts." International Journal of Multicultural and Multireligious Understanding 8, no. 9 (2021): 220. http://dx.doi.org/10.18415/ijmmu.v8i9.3018.

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Despite the fact that crime and punishment are personal, in answer to the question of whether other persons besides the perpetrators of the crime are responsible? According to the circumstances, a positive answer can be given. Over time, with the qualitative growth of laws, Vicarious liability was formed. Until 2013, the criminal liability of legal entities existed exceptionally in scattered laws. Legal doctrine has proposed different theories in this regard, which in general can be divided into two categories: "Fault doctrine" and " Risk doctrine ". Iranian law, according to the votes of the

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Hussaini, Sayed Abbas, Alireza Bariklou, Abdulreza Alizadeh та Abdullah Rajabi. "الزامات توسعة مسؤولیت مدنی- رسانه‌‌یی در حقوق افغانستان". ghalib quarterly journal 13, № 1 (2024): 131–58. http://dx.doi.org/10.58342/ghalibqj.v.13.i.1.7.

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In the contemporary era, people's lives have been accompanied by the increasing use of the media and its role in different layers of their lives. Few people can be found who do not deal with one type of media. The expansion of media activities may harm the rights of other people. In this case, the cause of the loss is considered responsible. In line with the protection of human rights, media-based criminal liability can be justified. On the other hand, the guarantee of criminal executions may cause serious damage to the freedom of expression and the freedom of the media. Therefore, the questio

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Kamali, Mohammad Hashim. "Exploring Facets of Islam on Security and Peace: Amnesty and Pardon in Islamic Law." ICR Journal 3, no. 3 (2012): 527–31. http://dx.doi.org/10.52282/icr.v3i3.536.

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Amnesty, pardon, and forgiveness are the means, in Islamic theology and law, as in most other world traditions, of relieving someone from punishment, blame, civil liability or religious obligation. The same result is often achievable by recourse to certain other methods such as reconciliation, arbitration, and judicial order. The fiqh positions explored here derive from the Quran, normative teaching or Sunnah of the Prophet Muhammad and general consensus (ijma) of scholars for generations.

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Oktaviani, Yoni, and Akhmad Khisni. "Roles and Responsibilities Relating Land Agreement Official of Liability Provision of Rights With Mudharabah in Islamic Bank." Jurnal Akta 5, no. 3 (2018): 767. http://dx.doi.org/10.30659/akta.v5i3.3255.

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This research examines the concept of binding guarantee of the rights to land in accordance with laws and regulations in Indonesia and Islamic law; as well as the roles and responsibilities associated with APHT PPAT in the contract of Mudharabah in Islamic Bank. The method used in this research is normative. The results showed that APHT can not be used on the contract of Mudharabah and Islamic law has its own security institutions, namely Rahn. Roles and responsibilities of PPAT associated with APHT in the contract of Mudharabah in Islamic Bank will be explained by Act No. 4 of 1996, Act No. 2

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Rini Apriyani, Erna Susanti, Poppilea Erwinta, Kalen Sanata, and Muh. Sakur Edwarni. "Criminal Liability Arising from Medical Malpractice on Patients: A Review from the Perspective of Positive Law And Islamic Law." KRTHA BHAYANGKARA 18, no. 1 (2024): 85–106. http://dx.doi.org/10.31599/krtha.v18i1.1615.

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The suspicion in cases of medical malpractice in is only slightly raised, meanwhile, there are actions by the health profession by doctors as medical personnel which have the potential to be a malpractice that can be reported by the public, but are not resolved legally because the community only has limited knowledge of science medical and because there is no form of specific legal regulations governing malpractice in Indonesia so that the occurrence of these malpractices can cause legal problems. This study aims to determine criminal liability for medical malpractice acts committed by doctors

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Rini Apriyani, Erna Susanti, Poppilea Erwinta, Kalen Sanata, and Muh. Sakur. "Criminal Liability Arising from Medical Malpractice on Patients: A Review from the Perspective of Positive Law And Islamic Law." KRTHA BHAYANGKARA 18, no. 1 (2024): 85–106. https://doi.org/10.31599/krtha.v18i1.2919.

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The suspicion in cases of medical malpractice in is only slightly raised, meanwhile, there are actions by the health profession by doctors as medical personnel which have the potential to be a malpractice that can be reported by the public, but are not resolved legally because the community only has limited knowledge of science medical and because there is no form of specific legal regulations governing malpractice in Indonesia so that the occurrence of these malpractices can cause legal problems. This study aims to determine criminal liability for medical malpractice acts committed by doctors

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Bakhtiyari, Reza, and Alireza Amini. "Features of Oppression and Wastage Resulting in Liability in the Law and Jurisprudence." Journal of Politics and Law 9, no. 6 (2016): 188. http://dx.doi.org/10.5539/jpl.v9n6p188.

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<p>The subject of oppression and wastage and liability arising from it, involve a significant part of the relationship between human beings with each other and the relationship between natural and legal persons. This has long been the most important issues and has been subjected to human, and in Islamic jurisprudence considered as the cause and contraption of liability; such a way that sometimes acceptance actions (oppression) and sometimes deprivation actions (wastage) caused harm to others. In law and religion, the rule of acceptance and denial actions has been explicitly stated. Howev

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