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Full-Text Articles in Law

Default/Breach Of Contract Characteristics Of Mudharabah Financing In Sharia Banking, Trisadini Prasastinah Usanti, Fiska Silvia Raden Roro May 2021

Default/Breach Of Contract Characteristics Of Mudharabah Financing In Sharia Banking, Trisadini Prasastinah Usanti, Fiska Silvia Raden Roro

Journal of Islamic Law Studies

One of financings channeled by Sharia Bank is mudharabah. The contract of mudharabah is a mutual agreement between the first party (malik, shahibul maal, or Sharia Bank) which supports the whole capitals and the second party (‘amil, mudharib, or Customer) which acts upon fund endowment by sharing the profit in accordance with the agreement stated in the contract, while the loss is fully covered by Sharia Bank unless the customer (mudharib) makes an intentional mistake, in negligence or violates the agreement. Mudharib in the contract of mudharabah acts upon amin (the trusted one). The capital given is a mandate being …

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The Implementation Of Collateral In The Con-Tract Of Mudharabah Financing According To Act No. 21 Of 2008 On Sharia Banking And Dsn-Mui’S Fatwa, Mhd. Yadi Harahap May 2021

The Implementation Of Collateral In The Con-Tract Of Mudharabah Financing According To Act No. 21 Of 2008 On Sharia Banking And Dsn-Mui’S Fatwa, Mhd. Yadi Harahap

Journal of Islamic Law Studies

Contract of mudharabah financing is principally intended to meet the interests of businesses in terms of capital or additional capital to implement a productive business, between two or more parties. The problems of contract of mudharabah financing arises when owners of capital requires collateral to be met by businesses. Imposition guarantees in classical fiqh that developed by the mazhab of Imam that in terms of mudharabah financing, capital owners cannot demand collateral from businesses to recoup the principal or capital plus profit. If the owners of capital require the provision of collater-al from mudharib and make collateral as a condition …

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Perbandingan Syarat Impeachment Di Dalam Un- Dang-Undang Dasar 1945 Dengan Pemikiran Imam Al- Mawardi, Catur Alfath Satriya May 2021

Perbandingan Syarat Impeachment Di Dalam Un- Dang-Undang Dasar 1945 Dengan Pemikiran Imam Al- Mawardi, Catur Alfath Satriya

Journal of Islamic Law Studies

After reformation, constitutional structure of Republic of Indonesia has transformed fundamentally. People consultative assembly (MPR) is no longer as the highest of state institution anymore. Further- more, impeachment as one of the feature of presidential government system is regulated in new con- stitution. Before amendment, Indonesia has no rule of impeachment. So, impeachment is only based on political decision not law decision and it is not appropriate with rule of law principle. This article describe the comparison of impeachment requirement in UUD 1945 with impeachment requirement in Imam Al- Mawardi’s thought as a political islamic scholar.

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Ruu Ketahanan Keluarga: Modifikasi Hukum Se- Bagai Upaya Mencapai Tujuan Hukum Islam Dalam Memelihara Keturunan, Muthmainnah Muthmainnah May 2021

Ruu Ketahanan Keluarga: Modifikasi Hukum Se- Bagai Upaya Mencapai Tujuan Hukum Islam Dalam Memelihara Keturunan, Muthmainnah Muthmainnah

Journal of Islamic Law Studies

Salah satu tujuan Hukum Islam menurut Abu Ishaq Al-Shatibi adalah memelihara keturunan. Tujuan tersebut merupakan salah satu tujuan yang sangat penting di dalam kehidupan manusia. Namun, upaya untuk mencapai tujuan tersebut mengalami beberapa hambatan yang ditunjukkan dengan tidak berfungsinya keluarga di masyarakat. Esai ini berusaha mengkaji salah satu RUU yang diprakarsai oleh Fraksi PKS DPR-RI yang telah disahkan menjadi RUU inisiatif DPR-RI periode 2015-2019 yai- tu RUU Ketahanan Keluarga. Perwujudan pembentukan peraturan perundang-undangan merupakan hal yang penting bagi Indonesia sebagai negara hukum. Salah satu bentuk peraturan perundang-un- dangan yang sangat penting dalam kehidupan bernegara adalah undang-undang. RUU Ketahanan Keluarga dibutuhkan …

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Political Legitimacy On College Campuses, Taylor Holtman Apr 2021

Political Legitimacy On College Campuses, Taylor Holtman

Honors Projects

The government system is looked to have an influential impact on a person’s life and the ability to trust the legal system is extremely important to have a working democracy. Changes need to be made in order to make the minorities feel like they belong. The history of segregation and descrimigation needs to end and the government needs to enact policies to make the minorities trust again in the system. College students have felt the pressure of social media in the wrongful treatment of minorities and seeing these things happen first hand. With the rise of technology these problems will …

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Ziba, Ziba, Sherianne Schow, Brandi Kilmer, Heather Oman Jan 2021

Ziba, Ziba, Sherianne Schow, Brandi Kilmer, Heather Oman

TSOS Interview Gallery

Ziba, a promising medical student, fled Afghanistan in 2018 due to instability and for her safety. Life was difficult upon arrival in the United States. In Afghanistan Ziba was involved in national and international poetry, math and science competitions. Ziba went from having everything to starting completely over in a new country. Her anxiety and depression became extremely difficult to deal with She reminded herself who she was, what her passions were and in January 2019 started medical school while working part time as a cashier. Her hope for future arriving refugees is to have a mental health network established …

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The Impact Of Voluntariness Of Apologies On Victims’ Responses In Restorative Justice: Findings Of A Quantitative Study, Alfred Allan, Justine De Mott, Isolde Larkins, Laura Turnbull, Tracey Warwick, Lacey Willett, Maria M. Allan Jan 2021

The Impact Of Voluntariness Of Apologies On Victims’ Responses In Restorative Justice: Findings Of A Quantitative Study, Alfred Allan, Justine De Mott, Isolde Larkins, Laura Turnbull, Tracey Warwick, Lacey Willett, Maria M. Allan

Research Datasets

Combined data of three studies (N=164; 121 and 236 respectively) that investigated whether the voluntariness of apologies influenced recipients’ perception of the sincerity of apologies; acceptance of apologies; willingness to forgive offenders; and intended retributive behavior towards offenders.

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Constitutional Foundations For Public Health Practice: Key Terms And Principles, Fazal Khan, Marice Ashe Jan 2021

Constitutional Foundations For Public Health Practice: Key Terms And Principles, Fazal Khan, Marice Ashe

Scholarly Works

This chapter introduces the structure of the government in the United States and the concept of “separation of powers" among the federal, state, and local governments. It introduces core legal principles from the U.S. Constitution that frame the authority of the government to enact and enforce laws to protect and promote the public's health. These Constitutional principles are essential for the health advocate and leader to understand because every federal, state, and local law must comply with them. The core principles include the enumerated powers of the federal government and the broad plenary powers of state and local governments—which we …

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Mayoral Candidates Scott Stringer, Eric Adams Travel Different Roads On Police Reform, Ryan Songalia Dec 2020

Mayoral Candidates Scott Stringer, Eric Adams Travel Different Roads On Police Reform, Ryan Songalia

Capstones

Police reform is likely to be among the most consequential issues in the 2021 New York City Mayoral Democratic Primary and general election. Two of the leading candidates, Eric Adams and Scott Stringer, have long records to dissect on the issue.

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4 Questions For: Professor Dayna Scott On Environmental Racism In Canada, Osgoode Hall Law School Of York University Dec 2020

4 Questions For: Professor Dayna Scott On Environmental Racism In Canada, Osgoode Hall Law School Of York University

"4 Questions For" the Osgoode podcast

Dayna Scott, Associate Professor at Osgoode and York Research Chair in Environmental Law & Justice in the Green Economy, talks with Priyanka Vittal, counsel at Greenpeace and an adjunct professor at Osgoode, about the impacts of environmental racism in Canada and what can be done about it. Run time: 19:50

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Depaul Professor And Environmental Scientist Shares How To Build An Antiracist Lab, University Marketing And Communications, Bala Chaudhary Oct 2020

Depaul Professor And Environmental Scientist Shares How To Build An Antiracist Lab, University Marketing And Communications, Bala Chaudhary

DePaul Download

Racial and ethnic diversity within the Science, Technology, Engineering and Math (STEM) fields remains low, and many scientists and researchers are seeking solutions to help address racism in their workplaces. To help, assistant professor and environmental scientist in the Department of Environmental Science and Studies for DePaul’s College of Science and Health, Dr. Bala Chaudhary, collaborated with another researcher of color to create the “Ten Simple Rules for Building an Antiracist Lab.”

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Conditions Of Legality Of Administrative Act And Errors Of Discretionary Power, Jurabek Nematov Sep 2020

Conditions Of Legality Of Administrative Act And Errors Of Discretionary Power, Jurabek Nematov

Review of law sciences

This article is a scientific-theoretical analysis of the most central institution of administrative law – the administrative act. The article presents the features of the administrative act, scientific-theoretical views on the terms of the legality of the administrative act. The illegality of discretionary power, error in the application of discretionary power, the criteria for determining the abuse of discretionary power are revealed

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Issues Of Improving The Activities Of The Subjects Participating In The Formation Of The Judges’ Corpus In Uzbekistan, Jamoliddin Abdurakhmonkhujaev Sep 2020

Issues Of Improving The Activities Of The Subjects Participating In The Formation Of The Judges’ Corpus In Uzbekistan, Jamoliddin Abdurakhmonkhujaev

Review of law sciences

This article analyzes the system of entities involved in the formation of the judges’ corpus and some aspects of improving their activities on the basis of national and foreign legislation

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The Interaction Of The Parliament And Government In The Legislative Process, Khayitjon Turdiev Sep 2020

The Interaction Of The Parliament And Government In The Legislative Process, Khayitjon Turdiev

Review of law sciences

This article analyzes the role of the executive branch in the law-making process in the legislative activity and in ensuring the balance of interests in the system of separation of powers. The relationship of the government with the parliament in the legislative process and the functions of implementing the rules established by the legislature are also researched. The author, studying the best foreign experience, carried out proposals and recommendations for further improvement of these relations in Uzbekistan.

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The Issues Of The Execution Of Court Decisions On Invalidating Departmental Normative Legal Acts, Dilmurod Аrtikov Sep 2020

The Issues Of The Execution Of Court Decisions On Invalidating Departmental Normative Legal Acts, Dilmurod Аrtikov

Review of law sciences

The article analyzes the issues of the execution of court decisions on invalidating departmental normative legal acts based on national legislation from scientific and theoritical perspectives. In addition, the article presents recommendations on legislation alongside with their explanation.

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Participants Of Executive Production: Theoretical Rules And Analytical Results, Zamira Esanova Sep 2020

Participants Of Executive Production: Theoretical Rules And Analytical Results, Zamira Esanova

Review of law sciences

The article is devoted to the correspondence of civil procedural law and enforcement proceedings, to persons participating in enforcement proceedings, their powers, particulars of the execution stage, some problems in the field of enforcement of court documents and opinions on their decision, and the comparative analysis of national and foreign takes place in the article experience.

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Development Of Constitutional Justice Institution In Foreign Countries: Comparative Legal Analysis, Maftuna Аbdullayeva Sep 2020

Development Of Constitutional Justice Institution In Foreign Countries: Comparative Legal Analysis, Maftuna Аbdullayeva

Review of law sciences

As independent state bodies, constitutional courts protect the Constitution by resolving constitutional disputes. As a result, they are often called "Guardians of the Constitution". The main activity of the constitutional courts is the control of the constitutionality of laws and other legal acts. In constitutional theory, there are such forms as: preliminary and subsequent constitutional control, which have their advantages and disadvantages. Therefore, this article highlights the framework of the establishment and development of the institute of Constitutional justice, and analyses the application of european and american models of constitutional control in Uzbekistan.

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Informational And Analytical Support Of The Activity Of Chambers Of The Oliy Majlis Of The Republic Of Uzbekistan, Toirkhon Abboskhonov Sep 2020

Informational And Analytical Support Of The Activity Of Chambers Of The Oliy Majlis Of The Republic Of Uzbekistan, Toirkhon Abboskhonov

Review of law sciences

This article analyzes the concept of information and analytical support, its goals and structure, as well as the role in the activity of the chambers of the Oliy Majlis of the Republic of Uzbekistan. Here have been developed theoretical proposals, aimed at revealing the essence of informational and analytical support for chambers of the Oliy Majlis.

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Analysis Of New Approaches To Civil Legal Security For Loan Obligations, Nurillo Imomov Sep 2020

Analysis Of New Approaches To Civil Legal Security For Loan Obligations, Nurillo Imomov

Review of law sciences

The article analyzes the need and specific features of “security transactions” as ways to ensure the fulfillment of obligations not specified in the Civil Code. It also explores new approaches to ensuring the fulfillment of obligations and proposes judgments in this area.

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Terms Of Presentation Of Judicial Documents For Execution, Interruption Of The Period Of Presentation And Consequence Of Its Pass, Davlatjon Khabibullaev Sep 2020

Terms Of Presentation Of Judicial Documents For Execution, Interruption Of The Period Of Presentation And Consequence Of Its Pass, Davlatjon Khabibullaev

Review of law sciences

This article analyzes the deadlines for presenting executive documents for execution, a break in the deadline for presentation, and the consequences of missing the deadline for presenting for execution. In particular, a comparative legal analysis of the laws of our country and foreign countries regarding the timing of the presentation of executive documents for execution has been carried out. In this regard, gaps in national legislation, inconsistencies in the legislation arising upon presentation of executive documents for execution, as well as ways to address them are highlighted. The article also provides recommendations and suggestions for improving the deadlines for presenting …

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Main Trends Of Development Of Labor Law, Shukhrat Ismoilov Sep 2020

Main Trends Of Development Of Labor Law, Shukhrat Ismoilov

Review of law sciences

This article systematically analyzes some characteristic urgent problems of labor law. On this basis, the main trends in the development of labor law in the Republic of Uzbekistan are identified. Instead, recommendations and suggestions for improving labor law and law enforcement practice have been developed.

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Mediation And Notarial Activities In Uzbekistan: Prospects And Development, Guzalkhon Akhmedova Sep 2020

Mediation And Notarial Activities In Uzbekistan: Prospects And Development, Guzalkhon Akhmedova

Review of law sciences

In this article, the author considers the prospects for the development of mediation in notarial practice. Analyzing the experience of foreign countries, having studied the opinions of other researchers and practitioners, based on conclusions and recommendations, puts forward some prospects for the development of mediation by notaries in Uzbekistan. Various approaches to legislative acts regulating notarial activities are considered. The author also considers the development of certain skills for notary mediators at the educational level, which is important in raising the status of the notary profession.

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Issues Of Law Enforcement Of The Institution Of Common Joint Ownership By The Example Of Common Joint Property Of Spouses, Leila Burkhanova Sep 2020

Issues Of Law Enforcement Of The Institution Of Common Joint Ownership By The Example Of Common Joint Property Of Spouses, Leila Burkhanova

Review of law sciences

the article considers the issues of legal regulation, concepts, grounds for occurrence, conditions for implementation, the legal status of participants in common property, the grounds and procedure for the division of property in common ownership by the example of joint ownership of spouses. An integrated approach to understanding the enforcement of the construction of common property in the modern model of property relations is defined. The proposals on improving the legal regulation of the right of common property are formulated, as defined in the Concept of improving the civil legislation of the Republic of Uzbekistan.

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Actual Issues Of Implementing Legal Mechanisms For The Rational Use Of Natural Gas To Connect Household And Communal Consumers To The Gas Network, Akbarshokh Teshaboyev Sep 2020

Actual Issues Of Implementing Legal Mechanisms For The Rational Use Of Natural Gas To Connect Household And Communal Consumers To The Gas Network, Akbarshokh Teshaboyev

Review of law sciences

The article presents the process of connecting household and communal consumers to the gas network, the procedure for registration and gasification, construction, installation and commissioning on the basis of equipment that allows the rational use of natural gas, the introduction of legal mechanisms which requires rational use of gas in this process, as well as,giving scientific proposals to improve these relations based on the experience of foreign countries.

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Contracts In The Field Of Sports: Some Issues Of Their Regulation, Anvar Raхmatov Sep 2020

Contracts In The Field Of Sports: Some Issues Of Their Regulation, Anvar Raхmatov

Review of law sciences

This article discusses the types of contracts concluded in the field of sports, including those stipulated and not provided for by the legislation of the Republic of Uzbekistan. Provides information on labor and civil contracts concluded between athletes and sports organizations.

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Types Of Working Time In Labor Legislation: Theoretical And Practical Analysis, Dilfuza Abdullaeva Sep 2020

Types Of Working Time In Labor Legislation: Theoretical And Practical Analysis, Dilfuza Abdullaeva

Review of law sciences

The article attempts to formulate new approaches to determining the nature and legal nature of working time. Based on the norms of the Constitution of the Republic of Uzbekistan, Chapter VII of the Labor Code of the Republic of Uzbekistan and foreign experience, the concepts, contents and types of working time are investigated. Suggestions are being made to improve the legal regulation of working time.

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Legal Regulation Of International Cooperation In Criminal Matters On The Legislation Of The East Asian Countries, Dildora Umarkhanova Sep 2020

Legal Regulation Of International Cooperation In Criminal Matters On The Legislation Of The East Asian Countries, Dildora Umarkhanova

Review of law sciences

This article analyzes the legal framework and the mechanism of regulation of international cooperation in criminal matters on the legislation of the East Asian countries. In particular, studied the national legislation of the Japan, China and South Korea. Moreover, the author also put forward proposals of necessity and importance of the regional mechanism in the implementation of international cooperation in criminal matters. In addition, based on the experience of East Asian countries, it is proposed to adopt a special law of the Republic of Uzbekistan “International cooperation in criminal matters”.

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Prospects Of The Sphere Of Tourism In The Conditions Of Uzbekistan’S Accession To The World Trade Organization: Analytical Review, Surayyo Usmanova Sep 2020

Prospects Of The Sphere Of Tourism In The Conditions Of Uzbekistan’S Accession To The World Trade Organization: Analytical Review, Surayyo Usmanova

Review of law sciences

The prospects of the admission of Uzbekistan as a World Trade Organization’s member creates a need for a comprehensive analysis of future membership to this organization. The research is devoted to the World Trade Organization's General Agreement on Trade in Services (GATS) analysis of issues related to the prospects for signing, which plays an important role in further integrating of the Republic of Uzbekistan into the global community and contributes to many debates. The researcher examined the experience of some WTO member states and elaborated recommendations on regulation of tourism services, admission of foreign tourist companies to the national market …

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International Experience In Regulating And Organizing Investigations By International Investigative Teams., Dilshod Egamberdiyev Sep 2020

International Experience In Regulating And Organizing Investigations By International Investigative Teams., Dilshod Egamberdiyev

Review of law sciences

In recent years, the international community has developed and opened for signature a number of international agreements regulating international cooperation in the fight against crime. Along with the legal regulation of traditional legal institutions, such as mutual legal assistance in criminal matters, these instruments provide an international legal framework for new areas of cooperation in this field. One of them is the operational-investigative group or the international investigation team. The organization of such types of investigations and joint activities of States is one of the most effective forms of interaction between investigators, investigative bodies and law enforcement agencies, as well …

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Issues Of Improving Labor Legislation In The Digital Economy, Makhmud Makhamatov Sep 2020

Issues Of Improving Labor Legislation In The Digital Economy, Makhmud Makhamatov

Review of law sciences

This article explores the issues of remote labor, which is now increasingly being implemented on a global scale, its legal nature, as opposed to home work (work from home). Also, taking into account some aspects of the existing experience in foreign countries and international organizations, recommendations were made on the legal regulation of remote work in the national legislation of the Republic of Uzbekistan.

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