Journal articles on the topic 'Mention obligatoire'

RÉSUMÉCe travail est consacré aux articles introduisant les SN dont la tête est un nom d’événement complexe (Grimshaw, 1990). On montre d’abord que l’article défini qui, selon Grimshaw, est obligatoire avec ce type de noms, est dû à l’emploi de la construction possessive (Kayne, 1994; Zribi-Hertz, 1998), qui a pour propriété de légitimer l’article défini dès la première mention du nom. Or, le français autorise également l’indéfini avec certains NEC (une ventilation des locaux). Nous montrons que l’emploi de l’indéfini indique le caractère comptable du NEC, et signale que l’événement décrit est présenté sous l’aspect perfectif.

In Act No. 23 of 2014 on Regional Government, where there mention of the obligatory functions and affairs of choice, where one obligatory This is an investment, then in Government Regulation No. 38 Year 2007 on the dealings between the central government, provincial government and district / city government, a local government authority is in the field of investment, government Bandung, capital investment is obligatory and one local government authority is placed in the structure organization Bappeda Bandung is in the Investment Sector, is of course contrary to the Law No. 23 Year 2014 and Government Regulation No. 38 of 2007. This paper provides the organizational structure of institu-tional investment in the city of Bandung.Dalam Undang-Undang Undang-Undang Nomor 23 Tahun 2014 tentang Pemerintahan Daerah dise-butkan mengenai urusan wajib dan urusan pilihan, dimana salah satu urusan wajib ini adalah pena-naman modal, kemudian dalam Peraturan Pemerintah Nomor 38 Tahun 2007 tentang Pembagian urusan antara pemerintah pusat, pemerintah provinsi, dan pemerintah kabupaten/kota, salah satu kewenangan pemerintah daerah adalah dalam bidang penanaman modal, di pemerintahan Kota Bandung, penanaman modal yang merupakan urusan wajib dan salah satu kewenangan pemerintah daerah ditempatkan dalam struktur organisasi Bappeda Kota Bandung yaitu pada Bidang Pena-naman Modal, ini tentu saja berseberangan dengan UU No. 32 Tahun 2004/UU No. 23 Tahun 2014 dan Peraturan Pemerintah No. 38 Tahun 2007. Artikel ini berisi tentang struktur organisasi kelem-bagaan penanaman modal di Kota Bandung.

In the current literature, the study of the collective benefits of Zakat is more emphasized on the material economic aspects by using modern economic tools. Meanwhile, Zakat has a significant social role in the community. Therefore, Allah mentions in Qur'an the command of Zakat and prayer together as much as 22 times. It shows that the role of Zakat socially in human relationships with each other is comparable to the relationship with God. This paper will try to explore and analyze the social role (Social Psychology) of Zakat as an obligatory system from Sūrah al-Tawbah: 103. The method used in this paper is a qualitative method by using content analysis that combines tafsīr bi al-ra’yi with tafsīr bi al-ma’thūr. By using social tafsīr, it is found that Zakat should be an obligatory system and its management must be done centrally by the government. BAZNAS can be a representation of the government to perform the task. Then, it will result in the creation of equal degree and status between mustahiq and muzakki. Meanwhile, the implication of Zakat in the context of social interaction of the society is the creation of tranquility, security, and harmony for the whole society.
 Keywords: Zakat, Social Tafsīr, Social Psychology

Zakat is imposed on Muslims, one of the show the pros of Islam, to the large benefits as achieved by payment need the poor, and install the bonds of affection between the rich and the poor because the souls naturally inclined to love the best of it, and cleanse the soul and sponsorship and dimension by creating stinginess and miserliness, and other numerous benefits. 
 Zakat and the right of God Almighty may not be favoritism by those who do not deserve the motive for the dissemination of this research is to advise and recalled the obligation of zakat, which is tolerated by many Muslims did not cast them out on the face of the project with the bone will Qudaamah Ben Jaafar started talking about Zakat directly, did not witness the obligatory verse in the Quran or the Prophetic tradition, probably came from the Zakat one pillars of Islam and it is obligatory it has become obvious to every Muslim can not be denied, it shows us Qudamah conditions zakat camels, but he began to direct to mention a quorum, if it reached the quorum, it is evident that the zakat camels through what was said Qudamah it is not sex, as in every five camels sheep until it reaches twenty-four and then be zakaah of her sex, and supported by both the Abu Hanif and that the amount of zakat camels and Malik Shafi'i and Imam Ahmad, Ibn Hazm, though the front violated it and saw that in the twenty-five camels five Xiah.

Publius Ovidius Naso was an outstanding poet of the Augustan age who after a period of successful activity was suddenly sent to exile without a formal judicial procedure. Ovid wrote frivolous poems but inserted into his works also the obligatory praises of Augustus. The standard explanation of his relegation to Tomis is the licentious content of his Ars Amatoria, which were believed to offend the moral principles of Augustus. However, the Ars had been published several years before the exile. The poet himself in his Pontic writings mentions an unspecified error and a carmen, pointing also to the Ars, without, however, a clear explanation of the reason for his fall. The writer of the present contribution assumes that the actual reason for the relegation of the poet without a trial were the verses of his Metamorphoses and especially the passage about the wicked stepmothers preparing poison. That could offend Livia who, according to gossip, used poison to get rid of unwanted family members. Ovid was exiled, but the matter was too delicate for a public justification of the banishment. When writing ex Ponto the poet could not explicitly refer to the actual cause of his exile.

After the civil revolution of 1848 and the awakening of national consciousness, in the midst of the struggle of small nations for independence as well as for the official use of the national language, music was introduced into schools as an obligatory subject called Singing. During that period, the first songbooks, textbooks and manuals in Croatian language were created. The period was the one of institutional reform of education evidenced in the adoption of important school laws that set the foundation for the development of national education. The First School Law of 1874 and the Second School Law of 1888 particularly influenced the teaching of music in Croatia. In this context, we analyze the publications in the professional journals of the time relating to the problems of music education in elementary school. The pivotal journal of pedagogy, where we note the largest number of professional publications at the time in Croatia, was called Napredak. There were other journals as well, such as Prosvjeta, Smilje, Školski prijatelj and Hrvatski učitelj, but hardly any articles on music teaching can be found in them. We also mention the annual Izvješća Kraljevske preparandije u Zagrebu, where Vjenceslav Novak, the most prominent music pedagogue of the second half of the 19th century used to write. The professional publications that we analyze provide important information on the beginnings of the development of contemporary music teaching in Croatian schools and on the problems encountered by music pedagogues and practitioners of that time.

Background: Public health emergency is vulnerable time where maintaining ethical principles is obligatory while doing research, on the other hand, it is the same time when breach in ethics is much likely whenever a researcher is unaware, unprepared or hastens to do research. The aim of this study was to assess ethical issues of the coronavirus disease 2019 (COVID-19) related research proposals submitted during the early stages of pandemic in Nepal.Methods: Retrospective analysis of COVID-19 related research proposals and their informed consent document submitted to the ethical review board at Nepal Health Research Council was done for the study. The analysis was done as per the National Ethical Guidelines, Standard Operating Procedure for Health Research in Nepal and World Health Organization guidelines for infectious disease outbreak, 2016 under ethically relevant headings. Descriptive data were analyzed in SPSS v24.Results: The major issues were observed in the informed consent documents where 55% were lacking principal investigator’s contact information, 68% not having participant selection criteria, 70% without clear informed consent taking process, 57% without explanation of possible risks. Similarly, 68% of the interventional studies’ consent form didn’t mention possible adverse events and mitigation mechanisms.Conclusions: Most of the research proposals related to COVID-19 were devoid of major ethical elements which took longer time for receiving approval and eventually delayed the opportunity for evidence generation in critical time. More attention is needed to increase awareness and to develop capacity of researchers, reviewers, ethics committees and relevant stakeholders at the time of health emergencies.Keywords: COVID-19; ethics pandemic; research proposals

Members of disciplinary bodies (disciplinary ombudsmen and members of disci plinary commissions) are at risk of being held liable for compensatory damages arising in connection with their duties (i.e. for procedural failures in disciplinary proceedings). The lack of regulations concerning the liability for compensation by the members of disciplinary bodies is also a factor which is unfavourable for those who suffered damage as a result of disciplinary proceedings. As can be seen from the resolution of the Supreme Court of 27 September 2012 analysed in this study, for procedural violations committed in the course of discipli nary proceedings, members of disciplinary bodies are personally liable, jointly and severally with the higher education institution in which they are employed. The conclusions of the analysis of the case law therefore also point to the need to address this problem in a systematic manner. This objective has been partially achieved in the draft of the new Act on Higher Education and Science, which includes for the first time a provision on the optional coverage of members of disciplinary bodies with a third party liability insurance. Nevertheless, it could be argued that this regulation ought to be improved by introducing a compulsory third party liability insurance of members of disciplinary bodies, specifying, preferably in the imple- menting regulation, the minimum amount guaranteed, and elements such as the scope of the third party insurance and the date of commencement of the insurance cover (e.g. the day preceding the commencement of the function of disciplinary ombudsman or member of a disciplinary committee). Such a solution is supported by the analysis of regulations concerning obligatory third party insurance applica- ble to selected professions which has been carried out in the present study. In the case of these professions, the solution that was applied is the one that clarifies the regulations related to the obligatory third party insurance covering the performance of these professions.

The only verse in the entire Qur’an to equate the testimony of twowomen to that of one man is the so-called verse of debt (ayat al dayn),which occurs in Qur’an 2:282. This verse contains a significant amount ofmaterial that later jurists categorized variously as recommended or merelyinstructional (irshad) and without legal import. However, a very few juristsopined that the recording of debts, witnessing, and all other matters dealtwith in the verse may be categorized as obligatory (wajib).Whether we agree or disagree with a particular school, there is nearunanimity among all jurists that the Qur’an’s mention of testimony in relationto transactions was revealed to advise Muslims on how they mightreduce the possibility of misunderstandings arising among themselves.Therefore, the entire matter of testimony was revealed to humanity by wayof instruction. Obviously, instruction is one thing, while binding legal preceptsare another matter entirely.The verse of debt, moreover, may be seen as connecting testimony, thetaking of witnesses, the agreement of both parties to the contract at the timeof its ratification, and the judge’s (qadi)ep tance of testimony given bythe witnesses, as follows:and call upon two of your men to act as witnesses; and if two menare not available, then a man and two women from among such asare acceptable to you as witnesses . . . (2:282)The verse goes on to explain the reason for seeking testimony from twowomen in place of the testimony of one man, by saying “. . . so that if oneof them should make a mistake, the other could remind her” (2:282).Thus, the verse indicates clearly that there are differences in the abilityof women to serve, under the prevailing social conditions, as competentwitnesses and givers of testimony in cases involving financial transactions.The relevant wording implies that, in general, transactions were not oftenmatters of concem to women at that time. It also indicates that the actualwitness would be one woman, even though her testimony might require thesupport of another woman, who would “remind” her if necessary. Thus,one woman acts as a guamntor for the accuracy of the other‘s testimony ...

<em><br /></em><span id="docs-internal-guid-60b7b5ca-7fff-b45f-1673-026129bfb235"><span>Nowadays, agricultural commodities are experiencing rapid growth and development with new agricultural innovations such as grafted plants and cross-breeding plants to more modern agriculture, namely hydroponics. This condition causes the agricultural products able to increase the income of farmers significantly. Agricultural products in Islamic law are one type of property that is obligatory for zakat. However, the arguments governing agricultural zakat only mention some agricultural products that are obligatory on zakat, including Jawawud, Wheat, Dates, and Raisins, so some agricultural commodities are out of the reach in these arguments, so there are no legal provisions. This research aims to see how to determine the legal provisions of zakat on agricultural or plantation commodities. This research is using literature studies method. The results of this study indicate that the product of agricultural commodities that have high economic value are qiyās on the types of fruits and grains that are obligatory for zakat, mentioned in the arguments of the Al-Qur' ān and Sunnah with various characteristics, and the functions it has, so that the provisions of agricultural zakat can be applied in issuing zakat on agricultural commodities. Then in terms of maslahah and maqasid shari'ah, the obligation of zakat on agricultural commodities can help fulfill the needs of the poor in particular, and mustahik zakat in general.</span></span><div><br /><em>Komoditas pertanian dewasa ini mengalami pertumbuhan dan perkembangan yang sangat pesat dengan inovasi pertanian yang baru seperti tanaman cangkok, tanaman hasil perkawinan silang hingga pertanian yang lebih modern yaitu hidroponik. Di mana hasil pertanian tersebut mampu meningkatkan penghasilan para petani secara signifikan.</em><em> Hasil pertanian dalam hukum Islam adalah salah satu jenis harta yang wajib zakat. Tetapi, dali-dalil yang mengatur tentang zakat pertanian hanya menyebutkan beberapa hasil pertanian yang wajib zakat diantaranya, Jawawud, Gandum, Kusrma dan Kismis, maka secara tidak langsung hasil komoditas pertanian tidak tersentuh sama sekali di dalam dalil tersebut sehingga tidak ada ketetapan hukumnya. Tujuan dari penlitian ini adalah untuk melihat bagaimana </em><em>penentuan ketentuan hukum dari zakat hasil komoditas pertanian atau perkebunan. </em><em>P</em><em>enelitian </em><em>ini </em><em>dilakukan dengan menggunakan </em><em>studi</em><em> </em><em>literatur. Berdasarkan analisis yang dilakukan, hasil penelitian ini menunjukkan bahwa </em><em>h</em><em>asil komoditas pertanian yang memiliki nilai ekonomis tinggi di-qiyās-kan pada jenis buah-buahan dan biji-bijian wajib zakat yang disebutkan dalam dalil-dalil </em><em>al-</em><em>Qur’ān dan Sunnah dengan berbagai sifat dan fungsi yang dimilikinya</em><em>, sehingga k</em><em>etentuan-ketentuan zakat pertanian dapat diberlakukan dalam mengeluarkan zakat hasil komoditas per</em><em>t</em><em>ani</em><em>an.</em> <em>Kemudian dilihat dari segi maslahah dan maqā</em><em>ṣ</em><em>id syarī’ah, kewajiban zakat komoditas pertanian dapat membantu terpenuhinya kebutuhan fakir miskin khususnya, dan mustahik zakat pada umunya.</em><p> </p></div>

Today the issue of building al-khilāfah al-islāmīyah (Islamic Caliphate) has been raised by Hizbut Tahrir Indonesia (HTI). One of its arguments is that it is obligatory, because Qur’an, 2:30 mentions the term khalīfah. However, this argument has been questioned by many Muslim scholars. Some of them are Quraish Shihab and Yudian Wahyudi. In this article a comparative study is conducted in such a way we can provide readers with a ‘direct’ comparasion between Shihab’s and Wahyudi’s thoughts. The emphasis of their differences is shown more clearly than their similarities. Some important points that are discussed here are their interpretations of Qur’an, 2: 30-38. After analyzing their statements expressed in their writings and interviews, we have found that both have the same idea that Qur’an, 2: 30 does not talk about the Islamic Caliphate, and therefore, it cannot be used as an argument for its building. We have also found that they have exegetical differences that might refer to the fact that Shihab has much emphasis on the ‘historical meaning’ of the verses, whereas Wahyudi prefers their ‘significance’ for human beings.[Wacana khilafah Islam di Indonesia menguat seiring dengan kehadiran Hizbut Tahrir Indonesia (HTI). Salas satu argumen mereka adalah adanya istilah khalīfah dalam Qur’an, 2: 30. Namun argument tersebut justru menjadi persoalan bagi pemikir muslim lainnya, dua diantaranya Quraish Shihab dan Yudian Wahyudi. Dalam tulisan ini diharapkan pembaca dapat melihat secara langsung perbandingan dua pemikiran tersebut. Beberapa point penting yang diperdebatkan adalah tafsir ayat Qur’an, 2: 30-38. Berdasarkan analisis pada karya tulis dan wawancara, keduanya sama – sama menunjukkan bahwa ayat tersebut di atas tidak membahas al-khilāfah al-islāmīyah. Meskipun keduanya sependapat, masing-masing memberikan tekanan yang berbeda dimana Shihab lebih ke makna historis, sedangkan Wahyudi condong ke signifikasi bagi kemanusiaan.]

Marsilius of Inghen develops his concept of Christian ethics in his Commentary on the Sentences. He bases his teaching on the fundament of Aristotle’s philosophy: all human beings are able to act rationally, and therefore they are able to act morally. Against contemporary philosophical rationalisms Marsilius contends that criterion of what is good was settled by God in such an infallible way that any competitive concepts of the good and evil would be vane speculations of no real value for theology. God wants virtues so decisively that they are obligatory and natural for all humans. In accordance with the spirit of his times Marsilius distinguishes common virtues from the theological ones. Faith, hope and love differ from common virtues as they refer directly to God but they cooperate with them in that they direct man’s natural life. Marsilius focuses on the question of how love to God determines the true goodness of virtues as contrasted to the goodness of the natural virtues that can be seen in actions of Pagans; those were perceived by St Augustine as seeming virtues. Marsilius choses the middle way and he acknowledges that virtues of men who do not know and love God, are virtues with God’s aid. All that can be classified as moral depends on God. Nonetheless, those and only those natural actions that provide us with authentic knowledge of God and love to Him, can be called salutary. Marsilius was a disciple of John Buridan and knew his thesis that the will and reason, without God’s influence, can produce moral actions. Marsilius did not mention Buridan but he, though evaluating his thoughts as profound and acceptable, rejected his principal thesis: nature is not able to self-realization because sins have not left it untouched. True morality requires relation to God and it becomes actual by the love of God. The space, in which this realization takes place, is natural human life. Marsilius upholds St Augustine’s notion of ordo caritatis – its direct source is probably Peter Lombard. The love of God develops in society. Marsilius defends his concept of God’s love acting within the world against the variety of objections. Christian ethics realizes within particular social structures and necessary compromises. Ordo caritatis does not pass by the world, by contrast it establishes its order. Marsilius is not a monk like theologian, instead he is a secular theologian; and this can be perceived above all in his concept of Christian ethics that is worldly biased.

<p class="Bodytext6" align="left"><span>The allegations against the practice of institutionalized dorsumsisi in some parts of the world and teragenda as the material discourse fiqh, interesting to be responded and dismantled aspects of normatifitas and historicity. This paper discusses dorsumsisi, medical term to mention the practice of circumcision for women. Medically it is reported that dorsumsisi as a harmless operative procedure and in accordance with the biomedical theory of Victoria's biological determinism. This practice resulted in differences in legal status, Imam Syafii and some followers of Imam Hambali responded as obligatory. While some followers of Imam Hanafi, Imam Malik and some followers of Imam Syafii proclaim sunnah and followers of Imam Hanafi, some followers of Imam Malik and Hambali argue mustahab. Each with its own argument. Whatever the legal status that the ulama have produced, if this practice is carried out with an obsession with the medical benefits to be gained, then this practice is not a form of violence as expected.</span></p><p class="Bodytext6" align="left"><span lang="IN"> </span></p><p class="Bodytext6" align="left"><span>Tuduhan terhadap praktik dorsumsisi yang telah melembaga di beberapa belahan dunia ini dan teragenda sebagai materi wacana fiqh, menarik untuk direspon dan dibongkar aspek normatifitas dan historisitasnya</span><span>. Tulisan ini membahas dorsumsisi, terma medis untuk menyebut praktik khitan bagi perempuan. Secara medis dilaporkan bahwa dorsumsisi sebagai prosedur operatif yang tidak berbahaya dan sesuai dengan teori biomedis dari determinisme-biologis Victoria. Praktek ini nembuahkan perbedaan status hukumnya, Imam Syafii dan sebagian pengikut Imam Hambali meresponnya sebagai sesuatu yang wajib. Sementara sebagian pengikut Imam Hanafi, Imam Malik dan beberapa pengikut Imam Syafii menyatakan sunnah dan para pengikut Imam Hanafi, sebagian pengikut Imam Malik dan Hambali berpendapat mustahab. Masing-masing dengan a</span><span lang="IN">r</span><span>gumentasinya sendiri-sendiri</span><span lang="IN">.</span><span lang="IN"> A</span><span>papun status hukum yang telah dihasilkan oleh para ulama, jika praktik ini dilangsungkan dengan obsesi manfaat medis yang akan didapat, maka praktek ini tidaklah merupakan bentuk kekerasan</span><span lang="IN"> sebagaimana yang diduga</span><span lang="IN">.</span></p><p class="Bodytext20"><span lang="IN"> </span></p>

Board of Directors (‘Board’) of an Islamic Financial Institution (‘IFI’) is statutorily required to ensure that the aims and operations, business, affairs and activities of such IFI are in compliance with Shariah. Despite having the ultimate power to run the IFI, the Board is statutorily expected to seek advice from the Shariah Committee (‘SC’) of such IFI with a view to achieve the compliance in Shariah. Nevertheless, the treatment on the Shariah advice from the SC is debatable. Is it obligatory or merely persuasive for the Board to follow such advice? The law simply mentions that the Board shall have due regard to any decision of the SC on any Shariah issue relating to the carrying on of business, affairs or activities of the IFI. Recently, Bank Negara Malaysia (‘BNM’) issued the Shariah Governance Policy Document which aims to regulate the proper treatment of due regard. Based on this Policy Document, the ultimate accountability of Shariah compliance still lies on the Board. The Board in essence is expected to follow the advice of the SC and giving due regard to such advice, the Board is required to put in place conflict resolution mechanism to deal with any differences in views between the Board and the SC, in the case where the Board refused to accept the views of Sc with justifications. Keywords: Board of Directors, Directors’ Duties, Islamic Financial Services Act 2013, Shariah Committee, Due Regard, Shariah Governance. Abstrak Lembaga Pengarah bagi Institusi Kewangan Islam (IKI) diwajibkan secara undang-undang untuk memastikan bahawa tujuan dan operasi, perniagaan, urusan dan aktiviti IKI tersebut adalah mematuhi kehendak Syariah. Walaupun Lembaga Pengarah memiliki kuasa tertinggi untuk mentadbir IKI, mereka diharapkan untuk meminta nasihat dari Jawatankuasa Syariah (JS) IKI tersebut bagi memastikan kepatuhan dalam Syariah di dalam aktiviti dan operasi yang dijalankan. Walau bagaimanapun, keperluan bagi Lembaga Pengarah untuk bertindak berdasarkan nasihat dari Jawatankuasa Syariah boleh diperdebatkan. Adakah Lembaga Pengarah wajib atau hanya perlu memberikan pertimbangan sewajarnya (due regard) terhadap nasihat yang diberikan oleh Jawatankuasa Syariah tersebut? Undang-undang hanya menyebutkan bahawa Lembaga Pengarah harus mempertimbangkan keputusan Jawatankuasa Syariah mengenai permasalahan Syariah yang berkaitan dengan perniagaan, urusan atau kegiatan IKI. Baru-baru ini, Bank Negara Malaysia (‘BNM’) mengeluarkan Dokumen Dasar Tadbir Urus Syariah yang bertujuan untuk memberi panduan mengenai amalan pertimbangan sewajarnya ini. Berdasarkan Dokumen Polisi ini, kebertanggungjawaban pematuhan Syariah adalah pada Lembaga Pengarah. Pada dasarnya, Lembaga Pengarah disarankan untuk mengikuti nasihat Jawatankuasa Syariah dan mempertimbangkan nasihat tersebut secara wajar. Lembaga Pengarah juga disarankan untuk menyediakan mekanisme penyelesaian konflik bagi menangani perzedaan pandangan antara mereka dan Jawatankuasa Syariah, sekiranya mereka enggan menerima nasihat Jawatankuasa Syariah tersebut berdasarkan justifikasi yang sah. Kata Kunci: Lembaga Pengarah, tanggungjawab Lembaga Pengarah, Akta Perkhidmatan Kewangan Islam 2013, Jawatankuasa Syariah, pertimbangan sewajarnya, tadbir urus Syariah.

Footnotes to articles of the Criminal Code of Ukraine have a function of making understanding the essence of the features of the body of crime easier. These features are clarified or detailed in the footnotes. Nevertheless, sometimes the legislator awards the footnote with functions it does not comply with. Such an approach of the legislator led to the discussion if the footnote can prescribe the features of the body of crime as the disposition of the norm does. However, the analysis of the footnotes to articles of the Criminal Code allows us to make the conclusion that the mentioned above approach is not executed in full scope by the legislator while constructing the text of the footnote. In some footnotes the legislator clarifies such an important feature of crime as volume of damages, in the others – defines feature of repeated crime. Moreover, sometimes the footnote substitutes the disposition of the article and leads to differentiation of criminal responsibility. This is a rather paradoxical situation when criminality of the action is not directly prescribed in the disposition but takes ground from the supplemental element of the article. We can illustrate the above said using the example of the footnotes to articles 149 and 303 of the Criminal Code in the part of actions encroaching minor victims or victims under the age of 18 years old. For instance, in certain footnotes to these articles the legislator has prescribed that methods of committing these crimes don’t matter. So, methods as the essential features of bodies of mentioned crimes lose their obligatory role, if crimes are committed versus minors or persons under age. We suggest that the differentiation of criminal responsibility must not be done using footnotes. It is necessary to mention an important differentiating role of the footnote to article 45 of the Criminal Code, which envisages list of corruption offences. We suppose that such a key definitions shall be interpreted in certain articles of the Code but not in the footnotes. Optimally – terminological chapter is to be implemented into the Criminal Code. The footnote to the article of the Special Part of the Criminal Code must only detail or clarify the essence of the features of crime, but cannot broaden their essence or volume. The footnote shall not obtain normative character in the meaning of establishing criminality of the action. If the necessity to define some unified notions in the Criminal Code occurs, then it should be defined within the borders of the terminological chapter of the code. Features of the body of crime must be directly prescribed in the disposition of the Special Part of the Criminal Code. It is necessary to remove footnotes-definitions and footnotes-lists to the terminological chapter. At the same time, it is important to remember that the terminological chapter in the General Part of the Code is cross-cutting. So, if the necessity to clarify or to detail something concerning the body of specific crime occurs, the legislator can easily do this with the use of the footnote. Key terms: footnote, differentiation of criminal responsibility, disposition of the article.

En esta investigación se ha realizado un análisis de los planes de estudio de las Facultades de Educación respecto a la asignatura Expresión Corporal. Para ello, se examinaron los Boletines Oficiales del Estado en los que se publicaron las titulaciones de Maestro Especialista en Educación Física. Se analizaron 47 titulaciones de 43 universidades españolas, tanto privadas como públicas. El estudio tiene como objetivo situar la Expresión Corporal en el panorama nacional, a fin de comprobar su presencia en las diversas titulaciones y denominaciones más usuales, así como el peso de la misma en relación al resto de asignaturas. Los resultados indican que 79,5% de las universidades analizadas tenían en sus planes de estudio alguna asignatura de Expresión Corporal, siendo el 5% de esos créditos de carácter troncal, el 41% obligatorio y 31% optativo. Las denominaciones más utilizadas son la de Expresión Corporal (41%) y Expresión y Comunicación Corporal (33%). Los créditos teóricos suponen el 38% y los prácticos el 62%. El peso de la asignatura respecto a la media de créditos de la carrera no es significativo con tan sólo un 7,87 créditos (3,9%), frente a 202,4 créditos de media que tenían las titulaciones de Maestro Especialista en Educación Física. La investigación muestra una escasa dedicación de créditos hacia este tipo de contenidos, lo cual reafirma la necesidad de una mayor formación inicial de los maestros a este respecto, coordinación de competencias en las guías docentes y adecuación e innovación de la materia en los actuales Grados de Educación Primaria.Palabras clave: Plan de estudios, Expresión Corporal, Educación Física, universidad, currículum.Abstract: By making this research we have studied different studies’ plans carried on in Faculties of Education with respect to the subject of Physical Education. For doing so, State Official Bouletins have been analysed in which certificates on Primary Education studies on Physical Education Primary Education teachers were also published. 47 certificates out of 43 Spanish universities have been analysed, including private as well as public universities. This research has got the aim of placing the subject of Physical Education into a national overlook in order to show its presence with respect to the other sujects. The result is that 79,5% of the universities that have been analysed have included in their plans of studies any subject related to the subject of Physical Education and what is more, 5% of the credits are compulsory, 41% of them are compulsory and 31% are optional. The most common denoninations are Body Expression (41%) and Communication and Body Expression (33%). The theoretical credits are the 38% and the practical credits are the 62%. We must also mention the fact that the theoretical as well as the practical credits are very balanced so that. The importance of this subject with respect to the average of credits all along the degree is not so significative, with only 7,87 credits (3,9%) with regard to the 202,4 average credits that the studies on Primary Physical Education teachers have. Consequently, the research shows that there are not many credits given to this type of sujects, so that there should be a better teaching process for teachers to know more about this subject, coordination of competences on teachers’ guides and innovation on this subject on nowadays Primary Education grades.Key words: Study program, Body Expression, Physical Education, university, curriculum.

The town of Oleshky, renamed as Tsiurupinsk in 1928, is located in the Kherson region of Ukraine, near the railway station Tsiurupinsk. The Nizhnyodniprovsky Research Station "Afforestation of sands and viticulture" is located here. The total area ​​of forest fund in Kherson region is 221.7 thousand hectares. The percentage of forest land is 3.3 %. 45 thousand hectares of this area belong to Tiurupinsk forest. The tree composition involves 74 % of coniferous and 26 % of deciduous breeds. 62 % of Cherson forests were created by man. The pine forests on the Oleshkovsky (Nizhnyodniprovsky) sands were created in the middle of the XIX сentury. This was dictated by the urgent task of fixing the sands by the black storms, using the fertility of sands in forest managment and agriculture. Completely joining the authors of papers devoted Oleshkovsky sands, their afforestation, recreation, conservation and management of the southern pine forest complexes, we consider important to mention: in harsh growing conditions of pine trees it is extremely necessary to strive for a complex biogeocenological research, to a comprehensive in-depth knowledge of pine ecosystems, at which typological approach is obligatory not from the standpoint of common assessments of forest growth conditions, but using typological principles of Professor A. L. Belgard established for the conditions of geographical and often environmental inadequacy of forest to habitat conditions; the typology provides diversity of soil types of Oleshkovsky forest growth conditions where there are two variants of soils – with and without salinity, with different gradations of humidification – from very dry to wet soils; it is necessary to take into account the extent of the influence of planted forests on the environment, which depends primarily on the ecological forest structure, which refers to the light structure of the stands and the duration of their habitat transforming influence. Light structure, in its turn depends on the architectonics of the tree crowns forming part of the forest (Belgard, 1971); using the special equipment it is necessary to create or improve the network of hydrological monitoring wells covering all environmental profiles, catens and plots, to conduct large-scale monitoring studies of the cyclic and successional forms of dynamics of forest hydrology: groundwater level, the chemistry, radioecology, organic matter, biota and also flow direction of groundwater movement (hydraulically interconnected), their degree of contamination, sanitary toxicological and other features; to explore sandy soils for content and quality of humus to evaluate soil fertility (Orlov, 1981); to explore microclimatic regimes to identify critical data to the vitality of pine plantations; with all indicators of systematic characteristics of a pine (Pinus silvestris L.), it has about 100 species. In the culture of Ukraine there are about 35 species. But, as foresters observe, not every pine (Pinus silvestris L.). gives a good effect of growth and development in every kind of environmental ecotope. It is necessary to consider the differences between hereditary traits of burned 350 years old samples of the eternal pinewood in Samarsky forest and artificial pine plantations grown from seed material taken from a completely different habitat conditions. Oak acorns, collected in the floodplain of River Dniester and planted in the watershed of Gyrnetsovy forest in Moldavia, dieback at the age of 30 years, but oak acorns, collected in plakor conditions and landed next to the first, have high vitality, intensive growth and development. It is well known that the Scots pine (Pinus silvestris) and Cretaceous pine (Pinus cretacea) do not differ in systematics. But Scots pine planted on chalk mountains near Scots pine are different. The first pine does not give seed regeneration, and the second one has acquired the ability to reproduce itself easily on Cretaceous and to hоld on barren rock outcrops (Milkov, 1959); in the study of sandy habitats it is necessary to establish consort links in biogeocenoses, their horizontal and vertical structures, ecomorphic features of the forest, its age population type, and as a result - to establish the viability and sustainability of pine plantations to the conditions; finally, it should be emphasized that only a comprehensive and integrated approach to the study of forest ecosystems in the steppe (horizontal and vertical structure) can give a reliable information about the successfully constructed plantation, its stability and durability.

Étant donné que l'arbitrage des conflits d'intérêts est devenu une méthode notable de règlement des impasses dans le secteur public et que les débats sur les salaires retiennent l'attention de la population, la recherche théorique et empirique sur les désaccords salariaux a intéresse les chercheurs dans les universités. De toutes les théories élaborées sur cette question, celle de Farber (1981) s'appuyant sur « la notion de solution équitable » et celle de Bazerman (1985) fondé sur « les normes d'équité » sont les plus significatives en ce qui a trait à l'analyse des décisions des arbitres dans les différends portant sur les salaires. Selon Farber, la norme de solution équitable de l'arbitre est le fondement de sa décision et ce sont des critères « exogènes » plutôt que les offres finales des parties qui l'influencent. Alléguant la théorie de l'équité, Bazerman énonce trois règles qui peuvent agir sur la décision de l'arbitre. Un arbitre tranchant selon la norme d'« équité absolue » basera sa décision en matière de salaires sur les éléments suivants : comparaisons des salaires avec des entreprises similaires, examen de la situation financière de la firme, évolution du cout de la vie. D'autre part, un arbitre qui considère le différend suivant « une norme de parité » rendra sa sentence en coupant la poire en deux entre les revendications finales d'une des parties et l'offre finale de l'autre. Pour un arbitre qui fait reposer son jugement sur « l'équité préétablie », la convention collective existante constitue une ancre naturelle et ne comporte que des rajustements aux salaires actuels fondes sur le pourcentage moyen des augmentations dans des entreprises comparables. Les arbitres de la fonction publique fédérale doivent tenir compte des cinq facteurs (critères) énoncés dans la Loi des relations de travail dans la Fonction publique en rendant des sentences arbitrales en matière de salaires. On ne les oblige, toutefois, ni à expliquer leurs décisions ni à apprécier ces facteurs et leurs sentences n'en font pas mention. Dans l'étude, des hypothèses relatives à l'influence des critères sur les décisions des arbitres, en ce qui concerne les traitements, ont été élaborées et vérifiées à partir des sentences rendues au cours d'une période de cinq ans (1969-1974). Cette période paraissait la plus appropriée pour la présente recherche, parce que les contrôles obligatoires de la Loi anti-inflation de 1975 et de la Loi sur les restrictions salariales dans le secteur public de 1982 ont eu plus de poids que les autres critères dont il a été question précédemment. L'analyse régressive des sentences sur les traitements révèle que les arbitres œuvrant dans la fonction publique fédérale ne se guidaient pas sur « la norme de parité » non plus qu'ils ne procédaient à un partage entre les réclamations des syndicats et les offres de l'employeur qui, de fait, étaient très éloignées les unes des autres. Les décideurs ne s'appuyaient pas sur « la norme d'égalité absolue » ni sur les majorations des salaires accordés dans les secteurs industriel et non commercial prives. Les résultats de l'enquête confirment que les arbitres suivaient la norme de « l'égalité préétablie » et leurs décisions dans les différends en matière de traitements se fondaient sur le pourcentage moyen pondéré des augmentations de salaires des catégories professionnelles dans la fonction publique fédérale. On leur fournissait les statistiques relatives aux majorations de salaires par occupation ou fonction ainsi que les données se rapportant aux différences de traitements, lesquelles indiquaient que les taux de salaires des fonctionnaires fédéraux étaient plus élevés que ceux de groupes comparables dans le secteur prive. Suivant les recommandations du Comite préparatoire (1965), on estimait que les arbitres auraient à maintenir la cohésion des taux de salaires entre les catégories professionnelles de même qu'à l'intérieur de ces dernières tel que cela avait été établi au début du régime de négociation collective dans la fonction publique fédérale. Les décisions des arbitres fondés sur des majorations de salaires du secteur prive qui étaient plus élevées que celles de la fonction publique fédérale peuvent avoir déséquilibre les rapports entre les taux dans la structure des salaires, tandis que les sentences basées sur des comparaisons de salaires par profession ou métier dans la fonction publique ont eu pour résultat de maintenir les rapports entre les catégories professionnelles et à l'intérieur de celles-ci. Les arbitres ont accepté les taux de salaires touchant la structure et les classes des conventions collectives existantes comme des ancres naturelles et les ont ajustés conformément au pourcentage moyen des augmentations de salaires annuelles de la catégorie professionnelle à laquelle appartenait l'unité de négociation des employés en arbitrage. Les majorations des salaires par profession ou métier devinrent une norme de solution équitable et c'est la norme « d'équité préétablie » qui a influencé les arbitres de la fonction publique fédérale dans leurs décisions en matière de différends sur les traitements.

The phrase “author’s speech” the most frequently uses in musicological texts without exact definition but rather as a metaphor. However, its senses are not clear enough. The correlation of original and “borrowed” elements in music work also needs clarification. The objective of this article is to analyze the role of the author’s and borrowed elements, as well as their impact on artistic value of musical work on the examples of creativity by the composers of the XX century. Some examples of the “author’s speech” do not show any problem, as we clearly feel, when exactly the author suggests his/her personal commentary to the “events” that were depicted before. Among these are the sorrow solos of wind instruments in the symphonies by Dmitry Shostakovich, which he usually introduced after tragic culminations or the D minor orchestral interlude before the last episode of “Wozzeck” by Alban Berg. The author himself characterizes this interlude as the “author’s speech” directed to the audience, which represents the humankind. However, episodes of similar character (author’s “direct speech”) are not obligatory in music. Huge number of works by Shostakovich, Berg and other authors does not include them. Certainly, this does not mean they lack the “author’s speech”. While identifying this element in the piece, it is important to reject the stereotype to bind it with slow music of certain character (meditative, melancholic, sorrow, festive, solemn, etc.). In the same time, although such connotations sometimes are working, the faster episodes of another nature, with thematic contrasts and intensive development, should not be associated only with dramatic quasi-theatrical action. The author cannot avoid various emotions (doubt, trouble, uncertainty, protest, searching for a decision, multivalency of reaction, and many others), which definitely will be reflected in his/her piece and will producing a music of very different kinds. If we consider the music work in technical aspects, we find the combination of individual and “borrowed” elements at all levels of the compositional structure. So, we may conclude the author’s individuality manifests itself everywhere, and the meditative episodes do not enjoy any priority in comparison to episodes of another figurative character and type of movement. “Suite in the old style” for violin and piano (harpsichord) by Alfred Schnittke is a good example of such practice. In his dialogues with Dmitry Shulgin Schnittke characterizes this work as total stylization, except several tiny details. Nevertheless, the analysis of the piece reveals the more serious personal contribution. In addition to found by the researcher Olena Vashchenko harmonic and melodic elements that have their origin rather in the 20th century, the present article shows similar content in formal structure of the Suite and in part-writing of its polyphonic movements. Individual style reveals also in Schnittke’s choice of certain elements of “old styles” and their combination with the 20th century musical writing. Why Schnittke ignored his real stylistic contribution and qualified his Suite lower than it deserved? The author of the article finds an explanation in the composer’s work of the late 1960s and early 1970s, when the Suite was composed. In those years, the main Schnittke’s phenomenon – poly-stylistic writing – was coined in such wide-scaled works as the First Symphony, Piano Quintet, Requiem and others. Being occupied by these works that indicate his personality much stronger, Schnittke mentions just that feature of Suite, which stayed in his conscious as dominant, exactly stylization, so the explanation may be found in psychological field. Totally stylized piece would never become so popular and beloved both by the performers and the public as the Suite does. There is no reason to play and listen to pure stylization, when it is possible to have dealing with an original work. A listener and a performer are attracted by the combination of the original and stylized elements in the Suite, their interaction and flexible transition of one into other. This may be called as “modernized antiquity”. Due to this feature, the piece stays one of the most popular and wellknown works of the composer. Conclusion. The importance of the original and “borrowed” elements does not depend directly on the quantity of these elements and even on the ratio between them. The author’s individuality may show itself in various aspects in the context of the dominating stylization. The creative power of the author depends, first of all, on the strength of the author’s personality and his/her ability to adapt somebody else’s achievements to his/her own tasks, to fill them with new content and to create a new context for them. In case of a positive answers to these challenges the author gets the ability to utilize somebody else’s idiom similar to his/her own, and a listener, a performer and a researcher get a reason to refresh in memory the poetic prophesy by Osip Mandelstam: “… and will again the skald create somebody else’s song, and he will utter her as if it will his own”.

The present article is devoted to the general characteristics of the historical process of the formation of the sonata for the trombone (or with the participation of the trombone) in the European music of the Renaissance – Early Classicism era. A particular attention in the research has been paid to the study of the national stylistic, which was the main driving force in the evolution of the trombone at the level of the chamber instrumental and concert genres. It has been noted that since the time of A. Willaert and A. and J. Gabrieli brothers, the trombone and trombone consorts have been the permanent components of the concerts da chiesa, and later – da camera. Due to its construction and melodic-declamatory nature of the sounding, the trombone was in good agreement with both the voices of the choir and other instruments. Gradually, along with collective (concert) varieties of trombone sonatas, solo sonatas with bass began to appear, and they reflected the practice of the Baroque-era concert style. The article reviews a number of trombone sonatas of the Italian, Czech, Austro-German schools, which later became the model for composers of the Newest Time, who fully revealed the possibilities of the trombone semantics and techniques in the sonata genre. The article has noted that the formation of the instrumental sonata in Europe was associated with the practice of concerts in the church, which was for a long time practically the only place where academic music could be performed. The term “sonata” was understood then as the music intended for the instrumental performance, which, however, was closely connected with the vocal one. Therefore, the first samples of sonatas with the participation of the trombone were mixed vocal-instrumental compositions created by the representatives of the Venetian school of the second half of the 16th century – A. Willaert and A. and J. Gabrieli brothers. It has been noted that the key and largely “landmark” composition opening the chronicle of a concert sonata with the participation of trombones was the sonata called “Piano e forte” (1597), where the functions of trombone voices are already beginning to the counterpoint independence, rather than to duplicating the vocal ones. G. Gabrieli is the creator of one of the most large-scale, this time exclusively trombone compositions – “Canzon Quarti Toni” for 12 trombones, cornet and violin – one of the first trombone ensembles based on the genre of canzone as the progenitor of all the baroque instrumental-concert forms. It has been emphasized that among Italian masters of the subsequent period (the early Baroque), the trombone received a great attention from C. Monteverdi, who in his concert opuses used it as the substitute for viola da brazzo (three pieces from the collection called “Vespro della Beata Vergine”). It is noted that in the era of the instrumental versioning, when compositions were performed by virtually any instrumental compound, the trombone was already distinguished as an obligate instrument capable of competing with the cello. Sonata in D minor Op. 5 No. 8 by A. Corelli is considered a model of such a “double” purpose. It has been proved that the Italian schools of the 16th – 17th centuries, which played the leading role in the development of the sonata and concert instrumentalism, mainly the stringed and brass one and the brass one as well, were complemented by the German and Austrian ones. Among the masters of the latter one can distinguish the figure of G. Schütz, who created “Fili mi, Absalon” for the trombone quartet and basso-continuo, where trombones are interpreted as instruments of cantilena sounding, which for a long time determines their use in opera and symphonic music, not to mention the sonata genre (introductions and slow parts). Along with the chamber sonata, which was written in the Italian style, German and Austrian masters of the 17th century turn to “tower music” (Tower music), creating their own opuses with almost obligatory participation of one or several trombones. Among such compositions there are the collection by G. Reich called “Quatricinua” of 24 tower sonatas (1696) for the cornet and three trombones, where, modelled on A. Corelli’s string-and-bow sonatas, the plays of a homophonic and polyphonic content are combined. The article notes that the creation of a solo sonata with bass for the trombone was historically associated with the Czech composing school of the second half of the 17th century. The first sample of such composition is the Sonata for the trombone and the thorough-bass (1669), written by a certain monk from the monastery of St. Thomas in Bohemia, where the instrument is shown in a wide range of its expressive possibilities. A significant contribution to the development of a trombone sonata was made by the Czech composer of the late 17th century P. Y. Veyvanovsky, who created a number of sonatas, which, despite the typical for that time performing versioning (trombone or viola da brazzo), were a milestone in the development of the genre in question. The traditions of the trombone sonata-quality genre in its three main expressions – da chiesa, da camera, “tower music” – have been preserved for a certain time in the era of Classicism. This is evidenced, for example, by F. Schneider’s 12 “Tower sonatas” for 2 pipes and 3 trombones (1803–1804). In general, in the classic-romantic era in the evolution of the trombone sonata genre there is a “pause”, which refers to both its collective and solo varieties. The true flourishing of the trombone sonata appeared only in the Newest time (from the end of the 19th century), when the instrumental music of a concert-chamber type declared itself not only as the one demanded by the public, but also as the leading, “title” field of creativity of a number of the leading composers. Among the instruments involved in the framework of the “new chamber-ness” (B. Asafiev) was also the trombone, one of the recognized “soloists” and “ensemblers” of the music from the past eras. The conclusions of the article note that the path travelled by the sonata for the trombone (or with the participation of the trombone) shows, on the one hand, the movement of the instrument to the solo quality and autonomy within the framework of “little-ensemble” chamber-ness (the sonata duet or the solo sonata without any accompaniment), on the other hand, the sustainable preservation of the ensemble origins of this genre (the trombone ensemble, sometimes in combination with other representatives of the brass group).

The article deals with the problem of verb classifications in the English and Uzbek languages, as well as reveals the isomorphic and allomorphic features of these verbs. In addition, explained some ideas about the comparison of verb types taking into account the relationship between grammar and vocabulary, and the theory of optimal scientific classification of verbs is proved. However, the grammatically significant classification of the verbs, according to their lexica-grammatical meaning, formation, relation to the object, obligatory valance; whether they require prepositional object or not, the limit of the action in the time, the intransitive verbs which can be used in the passive voice and the verbs which are used with a formal subject have been worked out. When it comes to the objective of the comparative study of verb types, it is crucial to mention that the similarities of the grammatically relevant types of the verbs such as notional, monovalent, bivalent, trivalent verbs and the differences of the non-finite forms of the verbs like infinitive, gerund, participle and adverbial participle have been revealed in the languages compared. In addition to the transitive and intransitive verbs, bifunctional verbs have been identified in the English language.

Islam has made it obligatory for every Muslim to acquire knowledge. This does not mean obtaining a certificate or a degree, but to consider the phenomena of nature intellectually and rationally. When is it possible to acquire knowledge by considering the phenomena of nature? What methods are useful for this? According to Quranic instructions it is necessary to adopt a systematic and scientific approach to acquire knowledge. Qur'an briefly describes different angles of acquiring knowledge. Narrative, interrogative, question, analytical, poetic, comparative and critical methods of teaching are briefly described in the Holy Quran. The Muslim Ummah has a firm belief that the Qur'an is a comprehensive book which mentions every dry and wet, but this does not mean that the Qur'an is a manual book. This means that the Qur'an contains symbols and hints about everything. The fact that everything is mentioned in the Qur'an means that the Qur'an only provides guidance, while its interpretation requires contemplation. The method of contemplation can also be called the method of teaching and learning because the purpose of both is to acquire knowledge. The Qur'an has also provided guidance towards the method of teaching and learning. In the context of this guidance, this article has been compiled to expose new aspects of teaching and learning.

The information process is considered a core element in decision-making and an obligatory matter of concern for the health professional. Rather than information per se, we should perhaps mention the need for communication between the health professional and the patient, which should be appropriate to each specific case and situation. Interaction and communication during the relationship generates a degree of trust that contributes to improving care quality and health-related results. The aim of this study is to know the perception of professionals on the quality of communication and its impact on the decision-making process of the patient and the degree of involvement of health professionals in the process of communication with the patient. A sample of 2186 health professionals (1578 nurses, 586 physicians, and 22 pharmacists) was studied. A questionnaire composed of 20 items dealing with the process of communication with the patient and obtaining informed consent was administered. Our study revealed the high consideration that professionals hold of their communication skills with patients since almost 80% of those surveyed, think they are sufficiently skilled in this area. Professionals refers that nurses are most skilled at communicating with patients. Communication in the clinical relationship must not only serve as a way for the professional to obtain information from the patient on their pathology, but also as a means to inform patients so that they understand their illness. Patients also like to feel that they are being listened to and are co-participants in the care process. Communication should be a continuous object of study for all health professionals, both in primary and specialised attention.

This study aimed to examine five pillars of Islam and their relationship with physical and spiritual health. The five pillars of Islam are the foundation of Muslim life, considered mandatory by believers, and Muslims are required to observe them with utmost dedication. They are summarized as Shahadah, Salah, Zakat Saum, and Hajj. he first pillar of Islam, declaration of faith (Shahadah) includes the most important concept, which is the complete submission to the will of Allah (SWT) by obeying and believing in Him. Spirituality in general is defined as “religious belief or the spiritual quality of something”, “a search for the sacred”, “personal growth, or an encounter with one's own inner dimension”. The World Health Organization (WHO) mentions spiritual health as one of four dimensions to well-being; physical, mental, social, and spiritual”. Moreover, holistic nursing practice includes treating people as a whole and attending to a client’s physiological, psychological, and spiritual needs. Thus, this study intends to further explore the unitary aspect of Islam that infuse each of the pillars, and their effects on physical, spiritual well-being and nursing implications associated with it. Five pillars of Islam are discussed from the Quran, Alhadith, and Sunnah (the sayings and traditions of the Prophet) as baselines, and further additions from the knowledge of the Islamic scholars. And it is noted that our practices based on the five pillars of Islam have not only positive effects on physical but also spiritual health. This paper pointed out that while performing obligatory duties as stipulated by Islam, one could achieve spiritual enhancement as well as physical strength and well being.

The second most important pillar of Islam after prayers is Zakat. In the Qur'an, the command of obligatory prayers and zakat has been mentioned together in (82) places. Zakat is the backbone of the Islamic economic system. The philosophy behind the ruling on the payment of Zakat is that the Islamic government should provide the whole society with such an economic system, way of life and social structure in which the needs of the needy people of the society can be met. Islam has made it the duty of every rich Muslim to withdraw one and a half per cent of his accumulated wealth on an annual basis and deposit it collectively in the government treasury. Government has to spend the money of Zakat on meeting the needs of the poor, needy and impoverished people of the society. This is only the right of those deserving whose details have been explicitly stated in the books of Qur'an, Hadith and Fiqh. Zakat is the right of human beings, on the one hand, and on the other hand, it is also the right of Allah. Due to its non-payment, on the one hand, the right of human beings is denied and on the other hand, the right of Allah Almighty is denied. Therefore, it is very important to deliver the amount of Zakat to its rightful owners. The Qur'an mentions eight uses of zakat. It is an important issue in the present times to bring Zakat to its actual recipients. This article examines the recipients of Zakat and the current situation and how these recipients can be made appropriate in a proper manner.

This study aimed to examine five pillars of Islam and their relationship with physical and spiritual health. The five pillars of Islam are the foundation of Muslim life, considered mandatory by believers, and Muslims are required to observe them with utmost dedication. They are summarized as Shahadah, Salah, Zakat Saum, and Hajj. he first pillar of Islam, declaration of faith (Shahadah) includes the most important concept, which is the complete submission to the will of Allah (SWT) by obeying and believing in Him. Spirituality in general is defined as “religious belief or the spiritual quality of something”, “a search for the sacred”, “personal growth, or an encounter with one's own inner dimension”. The World Health Organization (WHO) mentions spiritual health as one of four dimensions to well-being; physical, mental, social, and spiritual”. Moreover, holistic nursing practice includes treating people as a whole and attending to a client’s physiological, psychological, and spiritual needs. Thus, this study intends to further explore the unitary aspect of Islam that infuse each of the pillars, and their effects on physical, spiritual well-being and nursing implications associated with it. Five pillars of Islam are discussed from the Quran, Alhadith, and Sunnah (the sayings and traditions of the Prophet) as baselines, and further additions from the knowledge of the Islamic scholars. And it is noted that our practices based on the five pillars of Islam have not only positive effects on physical but also spiritual health. This paper pointed out that while performing obligatory duties as stipulated by Islam, one could achieve spiritual enhancement as well as physical strength and well being.

Anyone contemplating the role of a “hermeneutics of suspicion” in literary and cultural studies must concede that the phrase is rarely used—even by its most devout practitioners, who usually think of themselves engaged in something called “critique.” What, then, are the terminological differences between “critique” and “the hermeneutics of suspicion”? What intellectual worlds do these specific terms conjure up, and how do these worlds converge or diverge? And what is the rationale for preferring one term over the other?The “hermeneutics of suspicion” is a phrase coined by Paul Ricoeur to capture a common spirit that pervades the writings of Marx, Freud, and Nietzsche. In spite of their obvious differences, he argued, these thinkers jointly constitute a “school of suspicion.” That is to say, they share a commitment to unmasking “the lies and illusions of consciousness;” they are the architects of a distinctively modern style of interpretation that circumvents obvious or self-evident meanings in order to draw out less visible and less flattering truths (Ricoeur 356). Ricoeur’s term has sustained an energetic after-life within religious studies, as well as in philosophy, intellectual history, and related fields, yet it never really took hold in literary studies. Why has a field that has devoted so much of its intellectual energy to interrogating, subverting, and defamiliarising found so little use for Ricoeur’s phrase?In general, we can note that hermeneutics remains a path not taken in Anglo-American literary theory. The tradition of hermeneutical thinking is rarely acknowledged (how often do you see Gadamer or Ricoeur taught in a theory survey?), let alone addressed, assimilated, or argued over. Thanks to a lingering aura of teutonic stodginess, not to mention its long-standing links with a tradition of biblical interpretation, hermeneutics was never able to muster the intellectual edginess and high-wattage excitement generated by various forms of poststructuralism. Even the work of Gianni Vattimo, one of the most innovative and prolific of contemporary hermeneutical thinkers, has barely registered in the mainstream of literary and cultural studies. On occasion, to be sure, hermeneutics crops up as a synonym for a discredited model of “depth” interpretation—the dogged pursuit of a hidden true meaning—that has supposedly been superseded by more sophisticated forms of thinking. Thus the ascent of poststructuralism, it is sometimes claimed, signaled a turn away from hermeneutics to deconstruction and genealogy—leading to a focus on surface rather than depth, on structure rather than meaning, on analysis rather than interpretation. The idea of suspicion has fared little better. While Ricoeur’s account of a hermeneutics of suspicion is respectful, even admiring, critics are understandably leery of having their lines of argument reduced to their putative state of mind. The idea of a suspicious hermeneutics can look like an unwarranted personalisation of scholarly work, one that veers uncomfortably close to Harold Bloom’s tirades against the “School of Resentment” and other conservative complaints about literary studies as a hot-bed of paranoia, kill-joy puritanism, petty-minded pique, and defensive scorn. Moreover, the anti-humanist rhetoric of much literary theory—its resolute focus on transpersonal and usually linguistic structures of determination—proved inhospitable to any serious reflections on attitude, disposition, or affective stance.The concept of critique, by contrast, turns out to be marred by none of these disadvantages. An unusually powerful, flexible and charismatic idea, it has rendered itself ubiquitous and indispensable in literary and cultural studies. Critique is widely seen as synonymous with intellectual rigor, theoretical sophistication, and intransigent opposition to the status quo. Drawing a sense of intellectual weightiness from its connections to the canonical tradition of Kant and Marx, it has managed, nonetheless, to retain a cutting-edge sensibility, retooling itself to fit the needs of new fields ranging from postcolonial theory to disability studies. Critique is contagious and charismatic, drawing everything around it into its field of force, marking the boundaries of what counts as serious thought. For many scholars in the humanities, it is not just one good thing but the only conceivable thing. Who would want to be associated with the bad smell of the uncritical? There are five facets of critique (enumerated and briefly discussed below) that characterise its current role in literary and cultural studies and that have rendered critique an exceptionally successful rhetorical-cultural actor. Critique, that is to say, inspires intense attachments, serves as a mediator in numerous networks, permeates disciplines and institutional structures, spawns conferences, essays, courses, and book proposals, and triggers countless imitations, translations, reflections, revisions, and rebuttals (including the present essay). While nurturing a sense of its own marginality, iconoclasm, and outsiderdom, it is also exceptionally effective at attracting disciples, forging alliances, inspiring mimicry, and ensuring its own survival. In “Why Has Critique Run Out of Steam?” Bruno Latour remarks that critique has been so successful because it assures us that we are always right—unlike those naïve believers whose fetishes we strive to expose (225–48). At the same time, thanks to its self-reflexivity, the rhetoric of critique is more tormented and self-divided than such a description would suggest; it broods constantly over the shame of its own success, striving to detect signs of its own complicity and to root out all possible evidence of collusion with the status quo.Critique is negative. Critique retains the adversarial force of a suspicious hermeneutics, while purifying it of affective associations by treating negativity as an essentially philosophical or political matter. To engage in critique is to grapple with the oversights, omissions, contradictions, insufficiencies, or evasions in the object one is analysing. Robert Koch writes that “critical discourse, as critical discourse, must never formulate positive statements: it is always ‘negative’ in relation to its object” (531). Critique is characterised by its “againstness,” by its desire to take a hammer, as Latour would say, to the beliefs of others. Faith is to be countered with vigilant skepticism, illusion yields to a sobering disenchantment, the fetish must be defetishised, the dream world stripped of its befuddling powers. However, the negativity of critique is not just a matter of fault-finding, scolding, and censuring. The nay-saying critic all too easily calls to mind the Victorian patriarch, the thin-lipped schoolmarm, the glaring policeman. Negating is tangled up with a long history of legislation, prohibition and interdiction—it can come across as punitive, arrogant, authoritarian, or vitriolic. In consequence, defenders of critique often downplay its associations with outright condemnation. It is less a matter of refuting particular truths than of scrutinising the presumptions and procedures through which truths are established. A preferred idiom is that of “problematising,” of demonstrating the ungroundedness of beliefs rather than denouncing errors. The role of critique is not to castigate, but to complicate, not to engage in ideas’ destruction but to expose their cultural construction. Barbara Johnson, for example, contends that a critique of a theoretical system “is not an examination of its flaws and imperfections” (xv). Rather, “the critique reads backwards from what seems natural, obvious, self-evident, or universal in order to show that these things have their history” and to show that the “start point is not a (natural) given, but a (cultural) construct, usually blind to itself” (Johnson xv–xvi). Yet it seems a tad disingenuous to describe such critique as free of negative judgment and the examination of flaws. Isn’t an implicit criticism being transmitted in Johnson’s claim that a cultural construct is “usually blind to itself”? And the adjectival chain “natural, obvious, self-evident, or universal” strings together some of the most negatively weighted words in contemporary criticism. A posture of detachment, in other words, can readily convey a tacit or implicit judgment, especially when it is used to probe the deep-seated convictions, primordial passions, and heart-felt attachments of others. In this respect, the ongoing skirmishes between ideology critique and poststructuralist critique do not over-ride their commitment to a common ethos: a sharply honed suspicion that goes behind the backs of its interlocutors to retrieve counter-intuitive and uncomplimentary meanings. “You do not know that you are ideologically-driven, historically determined, or culturally constructed,” declares the subject of critique to the object of critique, “but I do!” As Marcelo Dascal points out, the supposedly non-evaluative stance of historical or genealogical argument nevertheless retains a negative or demystifying force in tracing ideas back to causes invisible to the actors themselves (39–62).Critique is secondary. A critique is always a critique of something, a commentary on another argument, idea, or object. Critique does not vaunt its self-sufficiency, independence, and autotelic splendor; it makes no pretense of standing alone. It could not function without something to critique, without another entity to which it reacts. Critique is symbiotic; it does its thinking by responding to the thinking of others. But while secondary, critique is far from subservient. It seeks to wrest from a text a different account than it gives of itself. In doing so, it assumes that it will meet with, and overcome, a resistance. If there were no resistance, if the truth were self-evident and available for all to see, the act of critique would be superfluous. Its goal is not the slavish reconstruction of an original or true meaning but a counter-reading that brings previously unfathomed insights to light. The secondariness of critique is not just a logical matter—critique presumes the existence of a prior object—but also a temporal one. Critique comes after another text; it follows or succeeds another piece of writing. Critique, then, looks backward and, in doing so, it presumes to understand the past better than the past understands itself. Hindsight becomes insight; from our later vantage point, we feel ourselves primed to see better, deeper, further. The belatedness of critique is transformed into a source of iconoclastic strength. Scholars of Greek tragedy or Romantic poetry may mourn their inability to inhabit a vanished world, yet this historical distance is also felt as a productive estrangement that allows critical knowledge to unfold. Whatever the limitations of our perspective, how can we not know more than those who have come before? We moderns leave behind us a trail of errors, finally corrected, like a cloud of ink from a squid, remarks Michel Serres (48). There is, in short, a quality of historical chauvinism built into critique, making it difficult to relinquish a sense of in-built advantage over those lost souls stranded in the past. Critique likes to have the last word. Critique is intellectual. Critique often insists on its difference from everyday practices of criticism and judgment. While criticism evaluates a specific object, according to one definition, “critique is concerned to identify the conditions of possibility under which a domain of objects appears” (Butler 109). Critique is interested in big pictures, cultural frameworks, underlying schema. It is a mode of thought well matched to the library and seminar room, to a rhythm of painstaking inquiry rather than short-term problem-solving. It “slows matters down, requires analysis and reflection, and often raises questions rather than providing answers” (Ruitenberg 348). Critique is thus irresistibly drawn toward self-reflexive thinking. Its domain is that of second-level observation, in which we reflect on the frames, paradigms, and perspectives that form and inform our understanding. Even if objectivity is an illusion, how can critical self-consciousness not trump the available alternatives? This questioning of common sense is also a questioning of common language: self-reflexivity is a matter of form as well as content, requiring the deployment of what Jonathan Culler and Kevin Lamb call “difficult language” that can undermine or “un-write” the discourses that make up our world (1–14). Along similar lines, Paul Bove allies himself with a “tradition that insists upon difficulty, slowness, complex, often dialectical and highly ironic styles,” as an essential antidote to the “prejudices of the current regime of truth: speed, slogans, transparency, and reproducibility” (167). Critique, in short, demands an arduous working over of language, a stoic refusal of the facile phrase and ready-made formula. Yet such programmatic divisions between critique and common sense have the effect of relegating ordinary language to a state of automatic servitude, while condescending to those unschooled in the patois of literary and critical theory. Perhaps it is time to reassess the dog-in-the-manger attitude of a certain style of academic argument—one that assigns to scholars the vantage point of the lucid and vigilant thinker, while refusing to extend this same capacity to those naïve and unreflecting souls of whom they speak.Critique comes from below. Politics and critique are often equated and conflated in literary studies and elsewhere. Critique is iconoclastic in spirit; it rails against authority; it seeks to lay bare the injustices of the law. It is, writes Foucault, the “art of voluntary insubordination, that of reflected intractability” (194). This vision of critique can be traced back to Marx and is cemented in the tradition of critical theory associated with the Frankfurt School. Critique conceives of itself as coming from below, or being situated at the margins; it is the natural ally of excluded groups and subjugated knowledges; it is not just a form of knowledge but a call to action. But who gets to claim the mantle of opposition, and on what grounds? In a well-known essay, Nancy Fraser remarks that critical theory possesses a “partisan though not uncritical identification” with oppositional social movements (97). As underscored by Fraser’s judicious insertion of the phrase “not uncritical,” critique guards its independence and reserves the right to query the actions and attitudes of the oppressed as well as the oppressors. Thus the intellectual’s affiliation with a larger community may collide with a commitment to the ethos of critique, as the object of a more heartfelt attachment. A separation occurs, as Francois Cusset puts it, “between academics questioning the very methods of questioning” and the more immediate concerns of the minority groups with which they are allied (157). One possible strategy for negotiating this tension is to flag one’s solidarity with a general principle of otherness or alterity—often identified with the utopian or disruptive energies of the literary text. This strategy gives critique a shot in the arm, infusing it with a dose of positive energy and ethical substance, yet without being pinned down to the ordinariness of a real-world referent. This deliberate vagueness permits critique to nurture its mistrust of the routines and practices through which the everyday business of the world is conducted, while remaining open to the possibility of a radically different future. Critique in its positive aspects thus remains effectively without content, gesturing toward a horizon that must remain unspecified if it is not to lapse into the same fallen state as the modes of thought that surround it (Fish 446).Critique does not tolerate rivals. Declaring itself uniquely equipped to diagnose the perils and pitfalls of representation, critique often chafes at the presence of other forms of thought. Ruling out the possibility of peaceful co-existence or even mutual indifference, it insists that those who do not embrace its tenets must be denying or disavowing them. In this manner, whatever is different from critique is turned into the photographic negative of critique—evidence of an irrefutable lack or culpable absence. To refuse to be critical is to be uncritical; a judgment whose overtones of naiveté, apathy, complacency, submissiveness, and sheer stupidity seem impossible to shrug off. In short, critique thinks of itself as exceptional. It is not one path, but the only conceivable path. Drew Milne pulls no punches in his programmatic riff on Kant: “to be postcritical is to be uncritical: the critical path alone remains open” (18).The exceptionalist aura of critique often thwarts attempts to get outside its orbit. Sociologist Michael Billig, for example, notes that critique thinks of itself as battling orthodoxy, yet is now the reigning orthodoxy—no longer oppositional, but obligatory, not defamiliarising, but oppressively familiar: “For an increasing number of younger academics,” he remarks, “the critical paradigm is the major paradigm in their academic world” (Billig 292). And in a hard-hitting argument, Talal Asad points out that critique is now a quasi-automatic stance for Western intellectuals, promoting a smugness of tone that can be cruelly dismissive of the deeply felt beliefs and attachments of others. Yet both scholars conclude their arguments by calling for a critique of critique, reinstating the very concept they have so meticulously dismantled. Critique, it seems, is not to be abandoned but intensified; critique is to be replaced by critique squared. The problem with critique, it turns out, is that it is not yet critical enough. The objections to critique are still very much part and parcel of the critique-world; the value of the critical is questioned only to be emphatically reinstated.Why do these protestations against critique end up worshipping at the altar of critique? Why does it seem so exceptionally difficult to conceive of other ways of arguing, reading, and thinking? We may be reminded of Eve Sedgwick’s comments on the mimetic aspect of critical interpretation: its remarkable ability to encourage imitation, repetition, and mimicry, thereby ensuring its own reproduction. It is an efficiently running form of intellectual machinery, modeling a style of thought that is immediately recognisable, widely applicable, and easily teachable. Casting the work of the scholar as a never-ending labour of distancing, deflating, and diagnosing, it rules out the possibility of a different relationship to one’s object. It seems to grow, as Sedgwick puts it, “like a crystal in a hypersaturated solution, blotting out any sense of the possibility of alternative ways of understanding or things to understand” (131).In this context, a change in vocabulary—a redescription, if you will—may turn out to be therapeutic. It will come as no great surprise if I urge a second look at the hermeneutics of suspicion. Ricoeur’s phrase, I suggest, can help guide us through the interpretative tangle of contemporary literary studies. It seizes on two crucial parts of critical argument—its sensibility and its interpretative method—that deserve more careful scrutiny. At the same time, it offers a much-needed antidote to the charisma of critique: the aura of ethical and political exemplarity that burnishes its negativity with a normative glow. Thanks to this halo effect, I’ve suggested, we are encouraged to assume that the only alternative to critique is a full-scale surrender to complacency, quietism, and—in literary studies—the intellectual fluff of aesthetic appreciation. Critique, moreover, presents itself as an essentially disembodied intellectual exercise, an austere, even abstemious practice of unsettling, unmaking, and undermining. Yet contemporary styles of critical argument are affective as well as analytical, conjuring up distinctive dispositions and relations to their object. As Amanda Anderson has pointed out in The Way We Argue Now, literary and cultural theory is saturated with what rhetoricians call ethos—that is to say, imputations of motive, character, or attitude. We need only think of the insouciance associated with Rortyan pragmatism, the bad-boy iconoclasm embraced by some queer theorists, or the fastidious aestheticism that characterises a certain kind of deconstructive reading. Critical languages, in other words, are also orientations, encouraging readers to adopt an affectively tinged stance toward their object. Acknowledging the role of such orientations in critical debate does not invalidate its intellectual components, nor does it presume to peer into, or diagnose, an individual scholar’s state of mind.In a related essay, I scrutinise some of the qualities of a suspicious or critical reading practice: distance rather than closeness; guardedness rather than openness; aggression rather than submission; superiority rather than reverence; attentiveness rather than distraction; exposure rather than tact (215–34). Suspicion, in this sense, constitutes a muted affective state—a curiously non-emotional emotion of morally inflected mistrust—that overlaps with, and builds upon, the stance of detachment that characterises the stance of the professional or expert. That this style of reading proves so alluring has much to do with the gratifications and satisfactions that it offers. Beyond the usual political or philosophical justifications of critique, it also promises the engrossing pleasure of a game-like sparring with the text in which critics deploy inventive skills and innovative strategies to test their wits, best their opponents, and become sharper, shrewder, and more sophisticated players. In this context, the claim that contemporary criticism has moved “beyond” hermeneutics should be treated with a grain of salt, given that, as Stanley Fish points out, “interpretation is the only game in town” (446). To be sure, some critics have backed away from the model of what they call “depth interpretation” associated with Marx and Freud, in which reading is conceived as an act of digging and the critic, like a valiant archaeologist, excavates a resistant terrain in order to retrieve the treasure of hidden meaning. In this model, the text is envisaged as possessing qualities of interiority, concealment, penetrability, and depth; it is an object to be plundered, a puzzle to be solved, a secret message to be deciphered. Instead, poststructuralist critics are drawn to the language of defamiliarising rather than discovery. The text is no longer composed of strata and the critic does not burrow down but stands back. Instead of brushing past surface meanings in pursuit of hidden truth, she dwells in ironic wonder on these surface meanings, seeking to “denaturalise” them through the mercilessness of her gaze. Insight, we might say, is achieved by distancing rather than by digging. Recent surveys of criticism often highlight the rift between these camps, underscoring the differences between the diligent seeker after buried truth and the surface-dwelling ironist. From a Ricoeur-inflected point of view, however, it is their shared investment in a particular ethos—a stance of knowingness, guardedness, suspicion and vigilance—that turns out to be more salient and more striking. Moreover, these approaches are variously engaged in the dance of interpretation, seeking to go beyond the backs of texts or fellow-actors in order to articulate non-obvious and often counter-intuitive truths. In the case of poststructuralism, we can speak of a second-order hermeneutics that is less interested in probing the individual object than the larger frameworks and conditions in which it is embedded. What the critic interprets is no longer a self-contained poem or novel, but a broader logic of discursive structures, reading formations, or power relations. Ricoeur’s phrase, moreover, has the singular advantage of allowing us to by-pass the exceptionalist tendencies of critique: its presumption that whatever is not critique can only be assigned to the ignominious state of the uncritical. As a less prejudicial term, it opens up a larger history of suspicious reading, including traditions of religious questioning and self-scrutiny that bear on current forms of interpretation, but that are occluded by the aggressively secular connotations of critique (Hunter). In this context, Ricoeur’s own account needs to be supplemented and modified to acknowledge this larger cultural history; the hermeneutics of suspicion is not just the brain-child of a few exceptional thinkers, as his argument implies, but a widespread practice of interpretation embedded in more mundane, diffuse and variegated forms of life (Felski 220).Finally, the idea of a suspicious hermeneutics does not invalidate or rule out other interpretative possibilities—ranging from Ricoeur’s own notion of a hermeneutics of trust to more recent coinages such as Sedgwick’s “restorative reading,” Sharon Marcus’s “just reading” or Timothy Bewes’s “generous reading.” Literary studies in France, for example, is currently experiencing a new surge of interest in hermeneutics (redefined as a practice of reinvention rather than exhumation) as well as a reinvigorated phenomenology of reading that elucidates, in rich and fascinating detail, its immersive and affective dimensions (see Citton; Macé). This growing interest in the ethos, aesthetics, and ethics of reading is long overdue. Such an orientation by no means rules out attention to the sociopolitical resonances of texts and their interpretations. It is, however, no longer willing to subordinate such attention to the seductive but sterile dichotomy of the critical versus the uncritical.ReferencesAnderson, Amanda. The Way We Argue Now: A Study in the Cultures of Theory. Princeton: Princeton UP, 2005.Asad, Talal. “Free Speech, Blasphemy, and Secular Criticism.” Is Critique Secular? Blasphemy, Injury, and Free Speech. Ed. Talal Asad, Wendy Brown, Judith Butler, and Saba Mahmood. Berkeley: Townsend Center for the Humanities, 2009. 20–63. Bewes, Timothy. “Reading with the Grain: A New World in Literary Studies.” Differences 21.3 (2010): 1–33.Billig, Michael. “Towards a Critique of the Critical.” Discourse and Society 11.3 (2000): 291–92. Bloom, Harold. The Western Canon: The Books and School of the Ages. New York: Harcourt Brace, 1994.Bove, Paul. Mastering Discourse: The Politics of Intellectual Culture. Durham: Duke UP, 1992. Butler, Judith. “The Sensibility of Critique: Response to Asad and Mahmood.” Is Critique Secular? Blasphemy, Injury, and Free Speech. Ed. Talal Asad, Wendy Brown, Judith Butler, and Saba Mahmood. Berkeley: Townsend Center for the Humanities, 2009. 101–136.Citton, Yves. Lire, interpréter, actualiser: pourqoi les études littéraires? Paris: Editions Amsterdam, 2007. Culler, Jonathan and Kevin Lamb, “Introduction.” Just Being Difficult? Academic Writing in the Public Arena. Ed. Jonathan Culler and Kevin Lamb. Stanford: Stanford UP, 2003. 1–14. Cusset, Francois. French Theory: How Foucault, Derrida, Deleuze, & Co. Transformed the Intellectual Life of the United States. Trans. Jeff Fort. Minneapolis: U of Minnesota P, 2008.Dascal, Marcelo. “Critique without Critics?” Science in Context 10.1 (1997): 39–62.Felski, Rita. “Suspicious Minds.” Poetics Today 32.2 (2011): 215–34.Fish, Stanley. Doing What Comes Naturally: Change, Rhetoric, and the Practice of Theory in Literary and Legal Studies. Durham: Duke UP, 1989.Foucault, Michel. “What is Critique?” The Political. Ed. David Ingram. Oxford: Blackwell, 2002. 191–211. Fraser, Nancy. “What’s Critical about Critical Theory? The Case of Habermas and Gender.” New German Critique 35 (1985): 97–131. Hunter, Ian. Rethinking the School: Subjectivity, Bureaucracy, Criticism. New York: St Martin’s Press, 1994.Johnson, Barbara. “Translator’s Introduction.” Jacques Derrida’s Dissemination. London: Continuum, 2004. vii–xxxv. Koch, Robert. “The Critical Gesture in Philosophy.” Iconoclash: Beyond the Image Wars in Science, Religion, and Art. Ed. Bruno Latour and Peter Weibel. Cambridge: MIT, 2002. 524–36. Latour, Bruno. “Why Has Critique Run Out of Steam? From Matters of Fact to Matters of Concern.” Critical Inquiry 30 (2004): 225–48.Macé, Marielle. Facons de lire, manières d’être. Paris: Gallimard, 2011. Marcus, Sharon. Between Women: Friendship, Desire, and Marriage in Victorian England. Princeton: Princeton UP, 2007.Milne, Drew. “Introduction: Criticism and/or Critique.” Modern Critical Thought: An Anthology of Theorists Writing on Theorists. Oxford: Blackwell, 2002. 1–22. Ricoeur, Paul. Freud and Philosophy: An Essay on Interpretation. New Haven: Yale UP, 1970. Ruitenberg, Claudia. “Don’t Fence Me In: The Liberation of Undomesticated Critique.” Journal of the Philosophy of Education 38.3 (2004): 314–50. Sedgwick, Eve Kosofsky. “Paranoid Reading and Reparative Reading, Or, You’re So Paranoid, You Probably Think This Essay is About You.” Touching Feeling: Affect, Pedagogy, Performativity. Durham: Duke UP, 2003. 123–52. Serres, Michel and Bruno Latour. Conversations on Science, Culture, and Time. Trans. Roxanne Lapidus. Ann Arbor: U of Michigan P, 1995.Vattimo, Gianni. Beyond Interpretation: The Meaning of Hermeneutics for Philosophy. Trans. David Webb. Stanford: Stanford UP, 1997.

Introduction Utopia has always been countercultural, and ever since technological progress has allowed, utopia has been using alternative media to promote and strengthen its underpinning ideals. In this article, I am seeking to clarify the connections between counterculture and alternative media in utopian contexts to demonstrate their reciprocity, then draw together these threads through reference to a well-known figure of the Rainbow Region–Rusty Miller. His trajectory from iconic surfer and Aquarian reporter to mediator for utopian politics and ideals in the Rainbow Region encompasses in a single identity the three elements underpinning this study. In concluding, I will turn to Rusty’s Byron Guide, questioning its classification as alternative or mainstream media, and whether Byron Bay is represented as countercultural and utopian in this long-running and ongoing publication. Counterculture and Alternative Media in Utopian Contexts Counterculture is an umbrella that enfolds utopia, among many other genres and practices. It has been most often situated in the 1960s and 1970s as a new form of social movement embodying youth resistance to the technocratic mainstream and its norms of gender, sexuality, politics, music, and language (Roszak). Many scholars of counterculture underscore its utopian impulses both in the projection of better societies where the social goals are achieved, and in the withdrawal from mainstream society into intentional communities (Yinger 194-6; McKay 5; Berger). Before exploring further the connections between counterculture and alternative media, I want to define the scope of countercultural utopian contexts in general, and the Rainbow Region in particular. Utopia is a neologism created by Sir Thomas More almost 500 years ago to designate the island community that demonstrates order, harmony, justice, hope and desire in the right balance so that it seems like an ideal land. This imaginary place described in Utopia (1516) as a counterpoint to the social, political and religious shortcomings of contemporary 16th century British society, has attracted accusations of heresy (Molner), and been used as a pejorative term, an insult to denigrate political projects that seem farfetched or subversive, especially during the 19th century. Almost every study of utopian theory, literature and practice points to a dissatisfaction with the status quo, which inspires writers, politicians, architects, artists, individuals and communities to rail against it (see for example Davis, Moylan, Suvin, Levitas, Jameson). Kingsley Widmer’s book Counterings: Utopian Dialectics in Contemporary Contexts reiterates what many scholars have stated when he writes that utopias should be understood in terms of what they are countering. Lyman Tower Sargent defines utopia as “a non-existent society described in considerable detail and normally located in time and space” and utopianism as “social dreaming” (9), to which I would add that both indicate an improvement on the alternatives, and may indeed be striving to represent the best place imaginable. Utopian contexts, by extension, are those situations where the “social dreaming” is enhanced through human agency, good governance, just laws, education, and work, rather than being a divinely ordained state of nature (Schaer et al). In this way, utopian contexts are explicitly countercultural through their very conception, as human agency is required and their emphasis is on social change. These modes of resistance against dominant paradigms are most evident in attempts to realise textual projections of a better society in countercultural communal experiments. Almost immediately after its publication, More’s Utopia became the model for Bishop Vasco de Quiroga’s communitarian hospital-town Santa Fe de la Laguna in Michoacan, Mexico, established in the 1530s as a counterculture to the oppressive enslavement and massacres of the Purhépecha people by Nuno Guzmán (Green). The countercultural thrust of the 1960s and 1970s provided many utopian contexts, perhaps most readily identifiable as the intentional communities that spawned and flourished, especially in the United States, the United Kingdom, Australia, and New Zealand (Metcalf, Shared Lives). They were often inspired by texts such as Charles A. Reich’s The Greening of America (1970) and Ernest Callenbach’s Ecotopia (1975), and this convergence of textual practices and alternative lifestyles can be seen in the development of Australia’s own Rainbow Region. Located in northern New South Wales, the geographical area of the Northern Rivers that has come to be known as the Rainbow Region encompasses Byron Bay, Nimbin, Mullumbimby, Bangalow, Clunes, Dunoon, Federal, with Lismore as the region’s largest town. But more evocative than these place names are the “rivers and creeks, vivid green hills, fruit and nut farms […] bounded by subtropical beaches and rainforest mountains” (Wilson 1). Utopian by nature, and recognised as such by the indigenous Bundjalung people who inhabited it before the white settlers, whalers and dairy farmers moved in, the Rainbow Region became utopian through culture–or indeed counterculture–during the 1973 Aquarius Festival in Nimbin when the hippies of Mullumbimby and the surfers of Byron Bay were joined by up to 10,000 people seeking alternative ways of being in the world. When the party was over, many Aquarians stayed on to form intentional communities in the beautiful region, like Tuntable Falls, Nimbin’s first and largest such cooperative (Metcalf, From Utopian Dreaming to Communal Reality 74-83). In utopian contexts, from the Renaissance to the 1970s and beyond, counterculture has underpinned and alternative media has circulated the aims and ideals of the communities of resistance. The early utopian context of the Anabaptist movement has been dubbed as countercultural by Sigrun Haude: “During the reign of the Münster (1534-5) Anabaptists erected not only a religious but also a social and political counterculture to the existing order” (240). And it was this Protestant Reformation that John Downing calls the first real media war, with conflicting movements using pamphlets produced on the new technology of the Gutenberg press to disseminate their ideas (144). What is striking here is the confluence of ideas and practices at this time–countercultural ideals are articulated, published, and disseminated, printing presses make this possible, and utopian activists realise how mass media can be used and abused, exploited and censored. Twentieth century countercultural movements drew on the lessons learnt from historical uprising and revolutions, understanding the importance of getting the word out through their own forms of media which, given the subversive nature of the messages, were essentially alternative, according to the criteria proposed by Chris Atton: alternative media may be understood as a radical challenge to the professionalized and institutionalized practices of the mainstream media. Alternative media privileges a journalism that is closely wedded to notions of social responsibility, replacing an ideology of “objectivity” with overt advocacy and oppositional practices. Its practices emphasize first person, eyewitness accounts by participants; a reworking of the populist approaches of tabloid newspapers to recover a “radical popular” style of reporting; collective and antihierarchical forms of organization which eschew demarcation and specialization–and which importantly suggest an inclusive, radical form of civic journalism. (267) Nick Couldry goes further to point out the utopian processes required to identify agencies of change, including alternative media, which he defines as “practices of symbolic production which contest (in some way) media power itself–that is, the concentration of symbolic power in media institutions” (25). Alternative media’s orientation towards oppositional and contestatory practices demonstrates clear parallels between its ambitions and those of counterculture in utopian contexts. From the 1960s onwards, the upsurge in alternative newspaper numbers is commensurate with the blossoming of the counterculture and increased utopian contexts; Susan Forde describes it thus: “a huge resurgence in the popularity of publications throughout the ‘counter-culture’ days of the 1960s and 1970s” (“Monitoring the Establishment”, 114). The nexus of counterculture and alternative media in such utopian contexts is documented in texts like Roger Streitmatter’s Voices of Revolution and Bob Osterlag’s People’s Movements, People’s Press. Like the utopian newspapers that came out of 18th and 19th century intentional communities, many of the new alternative press served to educate, socialise, promote and represent the special interests of the founders and followers of the countercultural movements, often focusing on the philosophy and ideals underpinning these communities rather than the everyday events (see also Frobert). The radical press in Australia was also gaining ground, with OZ in Australia from 1963-1969, and then from 1967-1973 in London. Magazines launched by Philip Frazer like The Digger, Go-Set, Revolution and High Times, and university student newspapers were the main avenues for youth and alternative expression on the Vietnam war and conscription, gay and lesbian rights, racism, feminism and ecological activism (Forde, Challenging the News; Cock & Perry). Nimbin 1973: Rusty Miller and The Byron Express The 1973 Aquarius Festival of counterculture in Nimbin (12-23 May) was a utopian context that had an alternative media life of its own before it arrived in the Rainbow Region–in student publications like Tharnuka and newsletters distributed via the Aquarius Foundation. There were other voices that announced the coming of the Aquarius Festival to Nimbin and reported on its impact, like The Digger from Melbourne and the local paper, The Northern Star. During the Festival, the Nimbin Good Times first appeared as the daily bulletin and continues today with the original masthead drawn by the Festival’s co-organiser, Graeme Dunstan. Some interesting work has been done on this area, ranging from general studies of the Rainbow Region (Wilson; Munro-Clark) to articles analysing its alternative press (Ward & van Vuuren; Martin & Ellis), but to date, there has been no focus on the Rainbow Region’s first alternative newspaper, The Byron Express. Co-edited by Rusty Miller and David Guthrie, this paper presented and mediated the aims and desires of the Aquarian movement. Though short-lived, as only 7 issues were published from 15 February 1973 to September 1973, The Byron Express left a permanent printed vestige of the Aquarian counterculture movement’s activism and ideals from an independent regional perspective. Miller’s credentials for starting up the newspaper are clear–he has always been a trailblazer, mixing “smarts” with surfing and environmental politics. After graduating from a Bachelor of Arts in history from San Diego State College, he first set foot in Byron Bay during his two semesters with the inaugural Chapman College affiliated University of the Seven Seas in 1965-6. Returning to his hometown of Encinitas, he co-founded the Surf Research accessory company with legendary Californian surfer Mike Doyle, and launched Waxmate, the first specially formulated surf wax in 1967 (Davis, Witzig & James; Warshaw 217), selling his interest in the business soon after to spend a couple of years “living the counterculture life on the Hawaiian Island of Kauai” (Davis, Witzig & James), before heading back to Byron Bay via Bells Beach in 1970 (Miller & Shantz) and Sydney, where he worked as an advertising salesman and writer with Tracks surfing magazine (Martin & Ellis). In 1971, he was one of the first to ride the now famous waves of Uluwatu in Bali, and is captured with Steven Cooney in the iconic publicity image for Albe Falzon’s 1971 film, Morning Of The Earth. The champion surfer from the US knew a thing or two about counterculture, alternative media, advertising and business when he found his new utopian context in Byron Bay. Miller and Guthrie’s front-page editorial of the inaugural issue of The Byron Express, published on 15 February 1973, with the byline “for a higher shire”, expressed the countercultural (cl)aims of the publication. Land use, property development and the lack of concern that some people in Byron had for their impact on the environment and people of the region were a prime target: With this first issue of the Byron Express, we hope to explain that the area is badly in need of a focal point. The transitions of present are vast and moving fast. The land is being sold and resold. Lots of money is coming into the area in the way of developments […] caravan parts, hotels, businesses and real estate. Many of the trips incoming are not exactly “concerned” as to what long term effect such developments might have on the environment and its people. We hope to serve as a focus of concern and service, a centre for expression and reflection. We would ask your contributions in vocal and written form. We are ready for some sock it to ya criticism… and hope you would grab us upon the street to tell us how you feel…The mission of this alternative newspaper is thereby defined by the need for a “focal point” that inscribes the voices of the community in a freely accessible narrative, recorded in print for posterity. Although this first issue contains no mention of the Aquarius Festival, there were already rumours circulating about it, as organisers Graeme Dunstan and Johnny Allen had been up to Main Arm, Mullumbimby and Nimbin on reconnaissance missions beginning in September 1972. Instead, there was an article on “Mullumbimby Man–Close to the Land” by Nicholas Shand, who would go on to found the community-based weekly newspaper The Echo in 1986, then called The Brunswick Valley Echo and still going strong. Another by Bob McTavish asked whether there could be a better form of government; there was a surf story, and a soul food section with a recipe for honey meade entitled “Do you want to get out of it on 10 cents a bottle?” The second issue continues in much the same vein. It is not until the third issue comes out on 17 March 1973 that the Aquarius Festival is mentioned in a skinny half column on page four. And it’s not particularly promising: Arrived at Nimbin, sleepy hamlet… Office in disused R.S.L. rooms, met a couple of guys recently arrived, said nothing was being done. “Only women here, you know–no drive”. Met Joanne and Vi, both unable to say anything to be reported… Graham Dunstan (codenamed Superfest) and John Allen nowhere in sight. Allen off on trip overseas. Dunstan due back in a couple of weeks. 10 weeks to go till “they” all come… and to what… nobody is quite sure. This progress report provides a fascinating contemporary insight into the tensions–between the local surfies and hippies on one hand, and the incoming students on the other–around the organisation of the Aquarius Festival. There is an unbridled barb at the sexist comments made by the guys, implicit criticism of the absent organisers, obvious skepticism about whether anyone will actually come to the festival, and wonderment at what it will be like. Reading between the lines, we might find a feeling of resentment about not being privy to new developments in their own backyard. The final lines of the article are non-committal “Anyway, let’s see what eventuates when the Chiefs return.” It seems that all has been resolved by the fifth issue of 11 May, which is almost entirely dedicated to the Aquarius Festival with the front page headline “Welcome to the New Age”. But there is still an undertone of slight suspicion at what the newcomers to the area might mean in terms of property development: The goal is improving your fellow man’s mind and nourishment in concert with your own; competition to improve your day and the quality of the day for society. Meanwhile, what is the first thing one thinks about when he enters Byron and the area? The physical environment is so magnificent and all encompassing that it can actually hold a man’s breath back a few seconds. Then a man says, “Wow, this land is so beautiful that one could make a quid here.” And from that moment the natural aura and spells are broken and the mind lapses into speculative equations, sales projections and future interest payments. There is plenty of “love” though, in this article: “The gathering at Nimbin is the most spectacular demonstration of the faith people have in a belief that is possible (and possible just because they want it to be) to live in love, through love together.” The following article signed by Rusty Miller “A Town Together” is equally focused on love: “See what you could offer the spirit at Nimbin. It might introduce you to a style that could lead to LOVE.” The centre spread features photos: the obligatory nudes, tents, and back to nature activities, like planting and woodworking. With a text box of “random comments” including one from a Lismore executive: ‘I took my wife and kids out there last weekend and we had such a good time. Seems pretty organized and the town was loaded with love. Heard there is some hepatitis about and rumours of VD. Everyone happy.” And another from a land speculator (surely the prime target of Miller’s wrath): “Saw guys kissing girls on the street, so sweet, bought 200 acres right outside of town, it’s going to be valuable out there some day.” The interview with Johnny Allen as the centrepiece includes some pertinent commentary on the media and reveals a well-founded suspicion of the mediatisation of the Aquarius Festival: We have tried to avoid the media actually. But we haven’t succeeded in doing so. Part of the basic idea is that we don’t need to be sold. All the down town press can do is try and interpret you. And by doing that it automatically places it in the wrong sort of context. So we’ve tried to keep it to people writing about the festival to people who will be involved in it. It’s an involvement festival. Coopting The Byron Express as an “involved” party effects a fundamental shift from an external reporting newspaper to a kind of proponent or even propaganda for the Aquarius festival and its ideas, like so many utopian newspapers had done before. It is therefore perhaps inevitable that The Byron Express should disappear very soon after the Aquarius festival. Fiona Martin and Rhonda Ellis explain that Rusty Miller stopped producing the paper because he “found the production schedule exhausting and his readership too small to attract consistent advertising” (5). At any rate, there were only two more issues, one in June–with some follow up reporting of the festival–and another in September 1973, which was almost entirely devoted to environmentally focused features, including an interview with Kath Walker (Oodgeroo Noonuccal). Byron Bay 2013: Thirty Years of Rusty’s Byron Guide What Rusty did next is fairly well known locally–surfing and teaching people how to surf and a bit of writing. When major local employer Walkers slaughterhouse closed in 1983, he and his wife, social geographer Tricia Shantz, were asked by the local council to help promote Byron Bay as a tourist destination, writing the first Byron guide in 1983-4. Incorporating essays by local personalities and dedicated visitors, the Byron guide perpetuates the ideal of environmental awareness, spiritual experimentation, and respect for the land and sea. Recent contributors have included philosopher Peter Singer, political journalist Kerry O’Brien, and writer John Ralston Saul, and Miller and Shantz always have an essay in there themselves. “People, Politics and Culture” is the new byline for the 2013 edition. And Miller’s opening essay mediates the same utopian desires and environmental community messages that he espoused from the beginning of The Byron Express: The name Byron Bay represents something that we constantly try to articulate. If one was to dream up a menu of situations and conditions to compose a utopia, Australia would be the model of the nation-state and Byron would have many elements of the actual place one might wish to live for the rest of their lives. But of course there is always the danger of excesses in tropical paradises especially when they become famous destinations. Australia is being held to ransom for the ideology that we should be slaves to money and growth at the cost of a degraded and polluted physical and social environment. Byron at least was/is a refuge against this profusion of the so-called real-world perception that holds profit over environment as the way we must choose for our future. Even when writing for a much more commercial medium, Miller retains the countercultural utopian spirit that was crystallised in the Aquarius festival of 1973, and which remains relevant to many of those living in and visiting the Rainbow Region. Miller’s ethos moves beyond the alternative movements and communities to infiltrate travel writing and tourism initiatives in the area today, as evidenced in the Rusty’s Byron Guide essays. By presenting more radical discourses for a mainstream public, Miller together with Shantz have built on the participatory role that he played in launching the region’s first alternative newspaper in 1973 that became albeit briefly the equivalent of a countercultural utopian gazette. Now, he and Shantz effectively play the same role, producing a kind of countercultural form of utopian media for Byron Bay that corresponds to exactly the same criteria mentioned above. Through their free publication, they aim to educate, socialise, promote and represent the special interests of the founders and followers of the Rainbow Region, focusing on the philosophy and ideals underpinning these communities rather than the everyday events. The Byron Bay that Miller and Shantz promote is resolutely utopian, and certainly countercultural if compared to other free publications like The Book, a new shopping guide, or mainstream media elsewhere. Despite this new competition, they are planning the next edition for 2015 with essays to make people think, talk, and understand the region’s issues, so perhaps the counterculture is still holding its own against the mainstream. References Atton, Chris. “What Is ‘Alternative’ Journalism?” Journalism: Theory, Practice, Criticism 4.3 (2003): 267-72. Berger, Bennett M. The Survival of a Counterculture: Ideological Work and Everyday Life among Rural Communards. New Brunswick: Transaction Publishers, 2004. Cock, Peter H., & Paul F. Perry. “Australia's Alternative Media.” Media Information Australia 6 (1977): 4-13. Couldry, Nick. “Mediation and Alternative Media, or Relocating the Centre of Media and Communication Studies.” Media International Australia, Incorporating Culture & Policy 103, (2002): 24-31. Davis, Dale, John Witzig & Don James. “Rusty Miller.” Encyclopedia of Surfing. 10 Nov. 2014 ‹http://encyclopediaofsurfing.com/entries/miller-rusty›. Downing, John. Radical Media: Rebellious Communication and Social Movements. Thousand Oaks: Sage. Davis, J.C. Utopia and the Ideal Society: A Study of English Utopian Writing 1516-1700. Cambridge: Cambridge UP, 1983. Forde, Susan. Challenging the News: The Journalism of Alternative and Independent Media. Palgrave Macmillan: London, 2011. ---. “Monitoring the Establishment: The Development of the Alternative Press in Australia” Media International Australia, Incorporating Culture & Policy 87 (May 1998): 114-133. Frobert, Lucien. “French Utopian Socialists as the First Pioneers in Development.” Cambridge Journal of Economics 35 (2011): 729-49. Green, Toby. Thomas More’s Magician: A Novel Account of Utopia in Mexico. London: Phoenix, 2004. Goffman, Ken, & Dan Joy. Counterculture through the Ages: From Abraham to Acid House. New York: Villard Books. 2004. Haude, Sigrun. “Anabaptism.” The Reformation World. Ed. Andrew Pettegree. London: Routledge, 2000. 237-256. Jameson, Fredric. Archeologies of the Future: The Desire Called Utopia and Other Science Fictions. New York: Verso, 2005. Levitas, Ruth. Utopia as Method. London: Palgrave Macmillan, 2013. Martin, Fiona, & Rhonda Ellis. “Dropping In, Not Out: The Evolution of the Alternative Press in Byron Shire 1970-2001.” Transformations 2 (2002). 10 Nov. 2014 ‹http://www.transformationsjournal.org/journal/issue_02/pdf/MartinEllis.pdf›. McKay, George. Senseless Acts of Beauty: Cultures of Resistance since the Sixties. London: Verso, 1996. Metcalf, Bill. From Utopian Dreaming to Communal Reality: Cooperative Lifestyles in Australia. Sydney: University of New South Wales Press, 1995. ---. Shared Visions, Shared Lives: Communal Living around the Globe. Forres, UK: Findhorn Press, 1996. Miller, Rusty & Tricia Shantz. Turning Point: Surf Portraits and Stories from Bells to Byron 1970-1971. Surf Research. 2012. Molnar, Thomas. Utopia: The Perennial Heresy. London: Tom Stacey, 1972. Moylan, Tom. Demand the Impossible: Science Fiction and the Utopian Imagination. New York: Methuen, 1986. Munro-Clark, Margaret. Communes in Rural Australia: The Movement since 1970. Sydney: Hale & Iremonger, 1986. Osterlag, Bob. People’s Movements, People’s Press: The Journalism of Social Justice Movements. Boston: Beacon Press, 2006. Roszak, Theodore. The Making of a Counter Culture: Reflections on the Technocratic Society and Its Youthful Opposition. New York: Anchor, 1969. Sargent, Lyman Tower. “Three Faces of Utopianism Revisited.” Utopian Studies 5.1 (1994): 1-37. Schaer, Roland, Gregory Claeys, and Lyman Tower Sargent, eds. Utopia: The Search for the Ideal Society in the Western World. New York: New York Public Library/Oxford UP, 2000. Streitmatter, Roger. Voices of Revolution: The Dissident Press in America. Columbia: Columbia UP, 2001. Suvin, Darko. Metamorphoses of Science Fiction: On the Poetics and History of a Literary Genre. New Haven: Yale UP, 1979. Ward, Susan, & Kitty van Vuuren. “Belonging to the Rainbow Region: Place, Local Media, and the Construction of Civil and Moral Identities Strategic to Climate Change Adaptability.” Environmental Communication 7.1 (2013): 63-79. Warshaw, Matt. The History of Surfing. San Francisco: Chronicle Books, 2011. Wilson, Helen. (Ed.). Belonging in the Rainbow Region: Cultural Perspectives on the NSW North Coast. Lismore, NSW: Southern Cross University Press, 2003. Widmer, Kingsley. Counterings: Utopian Dialectics in Contemporary Contexts. Ann Arbor, London: UMI Research Press, 1988. Yinger, J. Milton. Countercultures: The Promise and Peril of a World Turned Upside Down. New York: The Free Press, 1982.