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Journal articles on the topic 'Malian law'
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1
Soares, Benjamin F. "The Attempt to Reform Family Law in Mali." Die Welt des Islams 49, no. 3-4 (2009): 398–428. http://dx.doi.org/10.1163/004325309x12499944891284.
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AbstractIn this paper, I am concerned with understanding the recent efforts to reform the laws governing marriage and inheritance, the code de la famille or the Family Code in Mali. Since the advent of multiparty elections in the 1990s, prominent members of the Malian government and civil servants, Malian women's rights activists, secular NGOs, and international and bilateral donors have made efforts to promote various social reforms, including the advancement of women's rights and the promotion of gender equality, particularly through changes in the Family Code. While some observers have attributed the lack of reform to the increased influence of “Islamists” and/or to religiously conservative Muslims, I draw on historical research and ethnography to propose an alternative reading of the lack of institutional law reform. As I argue, the gap between Malian civil law relating to the family and the lived experiences and social practices of many Malians, who are overwhelmingly Muslim, has become even more apparent in this era of political liberalization and promotion of global human rights discourses. This has helped to make such proposed social reforms as the promotion of women's rights and family law reform more contentious and the ultimate outcome even more uncertain.
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Whitehouse, Bruce. "Political Participation and Mobilization after Mali’s 2012 Coup." African Studies Review 60, no. 1 (April 2017): 15–35. http://dx.doi.org/10.1017/asr.2017.9.
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Abstract:If the sudden downfall of Mali’s officially democratic system in early 2012 surprised many observers, the failings of the Malian state—including public disaffection with the political process, weak rule of law, and inadequate delivery of basic services—were widely known both at home and abroad. Focusing on activists based in Bamako, this article assesses Malian civil society’s response to these challenges since the March 2012 military coup and considers prospects for wider political engagement by the Malian public.
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Egbe, Eseme Njui. "State Sovereignty in the Law of International Relations: The Case of France and Mali." International Journal of Law and Politics Studies 5, no. 6 (December 11, 2023): 123–30. http://dx.doi.org/10.32996/ijlps.2023.5.6.12.
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In a press release during the television news on the Malian television, Colonel Abdoulaye Maïga, government’s spokesperson, announces the rupture of the defense agreements with France. This denunciation, carrying out a threat that has been agitated for months, constitutes a new manifestation of the deterioration of relations between the authorities dominated by the soldiers who came to power by force in August 2020 and the former allies of Mali in the fight against the jihadists. Thus, the objective of this article is to report on the effects of the violation of the independence, power and autonomy of the Malian state by France. Starting from this objective, the problem statement to which this reflection invites is the following: what is the impact of the in observation of Malian sovereignty by France? This question is justified in view of the mutations or transformations of the law of international relations leading to the erosion of Malian sovereignty. By mobilizing legal casuistry, the hypothesis of this analysis is as follows: Malian sovereignty has more or less been affected and infected following French military espionage. On this basis, we arrive at two results, namely: first, the re-examine of the concept of sovereignty in context with regard to benevolence in the field of the law of international relations and, subsequently, the fragmentation of the law friendly relations between states through control over the internal activities of a state.
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Whitehouse, Bruce. ""When a Father Speaks, the Child Cannot Answer Back": Patriarchal Anxiety, Gender Equality, and Malian State Authority." Africa Today 70, no. 1 (September 2023): 54–73. http://dx.doi.org/10.2979/africatoday.70.1.04.
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Abstract: In long intertwined constructions of political and household authority, the figure of the domestic patriarch has served as an analogy for the centralized postcolonial state of Mali, even as it clashes with discourses of natural rights stemming from the European Enlightenment. In early twentyfirst-century Mali, anxieties ran rampant among senior men who feared losing their status and privileges. These anxieties came to a head during efforts by the Malian government and civil-society groups to eliminate gender discrimination from Malian family law in the early 2000s. A broad coalition of patriarchal interests emerged to defend senior males' prerogatives against the perceived threats posed by gender equality. This backlash challenged the legitimacy of Mali's governing elite and exposed its weaknesses in the run-up to Mali's 2012 political collapse.
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Whitehouse, Bruce. ""When a Father Speaks, the Child Cannot Answer Back": Patriarchal Anxiety, Gender Equality, and Malian State Authority." Africa Today 70, no. 1 (September 2023): 54–73. http://dx.doi.org/10.2979/at.2023.a905850.
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Abstract: In long intertwined constructions of political and household authority, the figure of the domestic patriarch has served as an analogy for the centralized postcolonial state of Mali, even as it clashes with discourses of natural rights stemming from the European Enlightenment. In early twentyfirst-century Mali, anxieties ran rampant among senior men who feared losing their status and privileges. These anxieties came to a head during efforts by the Malian government and civil-society groups to eliminate gender discrimination from Malian family law in the early 2000s. A broad coalition of patriarchal interests emerged to defend senior males' prerogatives against the perceived threats posed by gender equality. This backlash challenged the legitimacy of Mali's governing elite and exposed its weaknesses in the run-up to Mali's 2012 political collapse.
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Xu, Yingmei, Kane Ladji, and Diawara Daouda. "Mixed Method of Extreme Value Theory, with Application to the Calculation of the Portion of Each Claim Payable by the Reinsurer of Excess of Sinister." International Journal of Statistics and Probability 5, no. 2 (February 25, 2016): 100. http://dx.doi.org/10.5539/ijsp.v5n2p100.
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<p>In the literature many determinists approaches (numerical and graphical methods), probability (the probability law, extreme value theory, Bayesian methods) exist for the detection of grave sinister. In this paper, we will give a new characterization of the mixed method of extreme value theory. These results are applied to the simulated data of a Malian insurance company.</p>
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Whitehouse, Bruce. "Left in the Cold." Journal of Legal Anthropology 6, no. 1 (June 1, 2022): 73–94. http://dx.doi.org/10.3167/jla.2022.060105.
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Located in Africa’s Sahel region, the Republic of Mali enjoyed various fruits of its transition to political pluralism and liberal economic restructuring from the 1990s to the early 2000s. When the Malian government sought to amend civil laws governing marriage and family life, and eliminate legal discrimination against women, however, it faced considerable political opposition. Islamic civil society groups capitalised on men’s heightened anxieties to claim a more assertive role in the national public sphere. Subsequent legal reforms constituted a clear political victory for political Islamism in the country and a corresponding setback for Western-backed women’s organisations. Tracing the evolution of Malian marriage and family law from the 1960s to the 2020s, this article argues that conflicting notions of what it means to protect women, coupled with the structural failings of Mali’s post-colonial state, have stymied efforts to ensure women’s rights within a secular, egalitarian legal framework.
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Du, Min, Xingmin Mu, Guangju Zhao, Peng Gao, and Wenyi Sun. "Changes in Runoff and Sediment Load and Potential Causes in the Malian River Basin on the Loess Plateau." Sustainability 13, no. 2 (January 6, 2021): 443. http://dx.doi.org/10.3390/su13020443.
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The loessial tableland is a unique landform type on the Loess Plateau in China. Long-term soil erosion has led to the retreat of gullies and the rapid reduction of fertile arable land, which has further decreased agricultural production. In this study, we chose the Malian River basin to analyze the temporal and spatial variation of its runoff and sediment load, as well as the potential causes. The annual runoff and sediment load at six hydrological stations in the study area were collected for the period between 1960 and 2016. The Mann−Kendall and Pettitt tests were respectively applied to detect temporal variations and abrupt changes in the runoff and sediment loads. The results showed that an abrupt change in the runoff and sediment loads occurred in 2003. The average annual runoff in the Malian River was 4.42 × 108 m3 yr−1 from 1960 to 2002, and decreased to 3.32 × 108 m3 yr−1 in 2003–2016. The average annual sediment load was 1.27 × 108 t yr−1 in 1960–2002, and decreased to 0.65 × 108 t yr−1 in 2003–2016. The spatial patterns in the sediment load suggested that the Hongde sub-basin contributed a higher sediment count to the Malian River, which may require additional attention for soil and water conservation in the future. Anthropogenic activities significantly affected runoff and sediment load reduction according to the double-mass curve method, accounting for 90.7% and 78.7%, respectively, whereas rainfall changes were 9.3% and 21.3%, respectively. As such, the present study analyzed the loessial tableland runoff and sediment load characteristics of the Malian River basin for soil and water erosion management.
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Benjaminsen, Tor A. "The population–agriculture–environment nexus in the Malian cotton zone." Global Environmental Change 11, no. 4 (December 2001): 283–95. http://dx.doi.org/10.1016/s0959-3780(01)00006-1.
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Hayes, Brittany E., and Carlijn van Baak. "Risk Factors of Physical and Sexual Abuse for Women in Mali: Findings From a Nationally Representative Sample." Violence Against Women 23, no. 11 (August 4, 2016): 1361–81. http://dx.doi.org/10.1177/1077801216658979.
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Mali is a developing country that has marked inequalities between genders. Using the 2012-2013 Mali Demographic and Health Survey, a nationally representative sample of Malian women ( N = 2,527), the study examined the effect of controlling behaviors, childhood exposure to and experience of violence, husband’s alcohol use, woman’s use of violence, and sociocultural factors on the likelihood of experiencing physical and sexual abuse. Findings indicated that controlling behavior, childhood exposure to violence, and husband’s use of alcohol were predictors of physical and sexual abuse. Respondent’s use of violence increased risk of physical abuse. Implications for programming in Mali are discussed.
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de Georgio Ferrari Trecate, Fabrizio, Céline Jacmain, and Harald van der Hoek. "Kolochilikélan: A digital opportunity for Malian emptying operators to boost their business." Environmental Science & Policy 106 (April 2020): 29–35. http://dx.doi.org/10.1016/j.envsci.2020.01.012.
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Steuer, Noemi. "“Murdered Mozarts.” narrative of a previous malian student generation in the era of the crumbling state." Human Affairs 30, no. 3 (July 28, 2020): 468–85. http://dx.doi.org/10.1515/humaff-2020-0039.
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AbstractAfter the coup d’état in 2012, the Malian state experienced progressive decomposition in terms of loss of territorial integrity as well as in the functioning of its institutions. Against this backdrop, this article examines life histories of a former student generation whose members were actively involved in the protest movement of 1980. At the time they fought for student rights and democratization under a military junta, but were not able to induce the desired change. Today they portray themselves as committed patriots for whom the state serves as an ongoing point of reference in their identity constructions. Bringing together higher education, protest movement and state decline, I argue that their narratives not only reveal how damaged identities and political visions are narratively repaired, but also, on a symbolic level, their damaged country as well.
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BANNELIER, KARINE, and THEODORE CHRISTAKIS. "Under the UN Security Council's Watchful Eyes: Military Intervention by Invitation in the Malian Conflict." Leiden Journal of International Law 26, no. 4 (November 8, 2013): 855–74. http://dx.doi.org/10.1017/s0922156513000447.
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AbstractResponding to an urgent request by the authorities of Mali, France launched Operation Serval against several terrorist armed groups in January 2013. The French troops were assisted by a Chadian contingent and by forces progressively deployed by other African countries within a UNSC authorized African force (Resolution 2085). While the French and African military operations in Mali were clearly legal, they raise important questions of jus ad bellum in relation to the two legal arguments put forward to justify them: intervention by invitation, and UNSC authorization. In this paper we first discuss the general rules of international law applying to intervention by invitation. We explain that such an intervention could sometimes be contrary to the principle of self-determination and we propose a purpose-based approach. We then apply these rules to the situation in Mali and conclude that the French and Chadian interventions were legal because, on the one hand, the request was validly formulated by the internationally recognized government of Mali and, on the other hand, their legitimate purpose was to fight terrorism. The UNSC approved this legal basis and ‘helped’ France and Chad appeal validly to it by listing the enemy as ‘terrorist groups’. It gave its ‘blessing’ to these interventions, without authorizing them, and observed the events with relief. The adoption of Resolution 2100 on 25 April 2013 raises new legal questions. The Council creates a UN peace enforcement mission in Mali, MINUSMA, which has a robust use-of-force mandate. Created just a few weeks after the DRC Intervention Brigade, this force seems to indicate an ongoing evolution (revolution?) in UN peacekeeping, notwithstanding the assurances by some UNSC member states that MINUSMA will avoid ‘offensive counter-terrorism operations’. At the same time Resolution 2100 gives a restricted use-of-force mandate to France (to protect MINUSMA), without challenging the legal validity of intervention by invitation for all other tasks. The conflict in Mali might thus remain for some time yet between the latitude of UNSC authorization and the longitude of unilateral intervention by invitation.
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Wing, Susanna D. "Coups d'État, Political Legitimacy, and Instability in Mali." Africa Today 70, no. 1 (September 2023): 74–100. http://dx.doi.org/10.2979/africatoday.70.1.05.
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Abstract: Mali, once argued to be a democratic model for Africa, is in a state of perennial crisis, the result of poor governance, unmet democratic expectations, and competition for domestic political legitimacy among the political class, the military, and religious leaders. After the 1991 revolution, international donors poured money into Mali to promote democratization. Meanwhile, most Malian citizens were becoming increasingly disconnected from a growing political class dependent on these funds. This article shows how popular protests led to both the reversal of family-law reform and the instigation of military coups d'état. The lack of accountability of the political class and the influx of donor money have contributed to increased popular perceptions of state corruption and impunity. Peace and security are impossible amid governance failures and serial coups d'état. This article explains the political consequences of the breakdown of popular trust and political legitimacy of the ruling elite and argues that restoring trust and legitimacy is a critical element to rebuilding Mali.
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Wing, Susanna D. "Coups d'État, Political Legitimacy, and Instability in Mali." Africa Today 70, no. 1 (September 2023): 74–100. http://dx.doi.org/10.2979/at.2023.a905851.
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Abstract: Mali, once argued to be a democratic model for Africa, is in a state of perennial crisis, the result of poor governance, unmet democratic expectations, and competition for domestic political legitimacy among the political class, the military, and religious leaders. After the 1991 revolution, international donors poured money into Mali to promote democratization. Meanwhile, most Malian citizens were becoming increasingly disconnected from a growing political class dependent on these funds. This article shows how popular protests led to both the reversal of family-law reform and the instigation of military coups d'état. The lack of accountability of the political class and the influx of donor money have contributed to increased popular perceptions of state corruption and impunity. Peace and security are impossible amid governance failures and serial coups d'état. This article explains the political consequences of the breakdown of popular trust and political legitimacy of the ruling elite and argues that restoring trust and legitimacy is a critical element to rebuilding Mali.
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Kante, Macire, and Patrick Ndayizigamiye. "An analysis of the policies of Information and Communication Technologies for Agriculture in Mali." Journal of Community Informatics 16 (December 22, 2020): 100–117. http://dx.doi.org/10.15353/joci.v16i0.3489.
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To harness the potential of Information and Communication Technologies (ICTs), developing countries need to develop national ICT policies that will serve as a framework for integrating ICTs at all levels of society. In the absence of that, different actors often engage in various actions for the same beneficiaries and in pursuit of the same objectives. That raises the need to define a national framework for the promotion and application of ICTs in the various production areas, particularly agricultural ones. It is for that reason that this study examined through qualitative methods (policy documents and semi-structured interviews) the national policy of Mali on the use of ICTs in agriculture. Data was analysed using the Qualitative Content Analysis (QCA) method with the aid of NVIVO 12 software. The results showed that the country has two policy documents that articulate the country’s strategy towards the use of ICTs in the agricultural sector, that is, the Agricultural Orientation Law and the National Strategy for the Development of the Digital Economy. Further examination revealed that that these two policy documents are neither appropriate nor coherent in today's Malian landscape. This has resulted in an underutilisation of digital tools by agricultural extension officers which led to the low agricultural productivity in the country. This study recommended therefore the recasting of both documents to take into account the reported observations
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Traore, D. "From the Theory of the African Origin of Humankind to Modern Social, Legal and Technological Innovations: a Brief Analytical Excursion into Anthroposociogenesis." Journal of Digital Technologies and Law 2, no. 2 (July 31, 2024): 473–86. http://dx.doi.org/10.21202/jdtl.2024.24.
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Objective: to trace the evolution of humanity and to identify the role of various social institutions in order to understand the existential role of laws aimed at ensuring the coexistence of society in the context of technological innovations.Methods: the author used general scientific and special methods of cognition, which allowed tracing the dialectical development of humanity, social transformations and technological innovations.Results: looking back at the history of humanity, which originated on the African continent (the theory of African descent), the author notes the most important changes in the human way of life and environment, which led to the need to build organized societies and regulate social behavior with the help of legislative norms. Law is seen as part of the evolutionary process that was to emerge in the course of human evolution. The critical importance of law in overcoming the global challenges and existential questions of humanity’s continued coexistence arising in the course of evolution is emphasized. In this regard, the historical significance of the Kurukan Fuga Charter of the Malian Empire is emphasized as one of the oldest constitutions in the world, recognized internationally as an important source of legal and political norms for modern societies, regulating the structure of state power and social behaviour, although preserved largely in oral form. It is argued that social and technological change often served as the impetus for the development of new laws. Humanity has many times intervened in its own biological evolution with the help of technology; now it is an important moment from the viewpoint of law and ethics when technology may interfere in further human evolution. The greatest concern in this regard is the era of rapid development of artificial intelligence, which makes new demands on a human being.Scientific novelty: the article shows the role of the African continent in the origin and development of humanity and socio-legal institutions in the light of modern transformations and the construction of a new social reality.Practical significance: the conducted research creates prerequisites for further development of the theory of anthroposociogenesis and in-depth conceptual historical and legal study of the role of the African continent in the development of humanity and its social institutions.
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Segura-Rodríguez, Iván, and Ramchandra Bhandari. "Assessment of Bioenergy Potential from Biomass Waste to Improve Access to Clean Energy for Cooking in Mali." Sustainability 16, no. 1 (January 4, 2024): 455. http://dx.doi.org/10.3390/su16010455.
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A lack of access to clean cooking fuels and technologies in Mali is causing negative health and welfare impacts on the population. There is a need to transition to cleaner cooking systems, and the production of biofuels is one promising solution. In order to successfully use biofuels in Malian households, it is necessary to calculate the sustainable bioenergy potential of the country. The aim of this study, therefore, was to assess this potential to determine if it can meet the cooking energy demand. Statistical data were used to estimate the bioenergy potential from three different biomass resources: crop residues, livestock waste, and municipal solid waste (MSW). Surveys in urban and rural areas in Mali were performed to assess cooking fuel consumption in the residential sector. Bioenergy potential and cooking energy demand were compared regionally to find out if biomass is a feasible substitute for traditional cooking fuels in Mali. It was shown that while there is high biogas potential in most of the regions, urban Bamako has a lack of biomass resources to cover the demand. Therefore, other clean alternatives like electric cooking should be considered for urban areas.
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Egg, Johny, Nango Dembélé, and Salifou B. Diarra. "The decentralization of market information systems (MIS), an innovation designed to meet actors’ needs: The case of the Malian agricultural market (OMA) watch." Cahiers Agricultures 23, no. 4-5 (July 2014): 288–94. http://dx.doi.org/10.1684/agr.2014.0713.
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Fisher, Brad. "The Origins of “Lawfare” and the Exploitation of Public International Law." NaUKMA Research Papers. Law 11 (October 26, 2023): 100–107. http://dx.doi.org/10.18523/2617-2607.2023.11.100-107.
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This paper offers a transdisciplinary analysis of the abuse of public international law for geopolitical objectives, providing an analysis of the term lawfare, the only previously accepted term to describe this behavior. It concludes that the definition lawfare is inadequate for professional scholarly or policy-focused discourse and offers the notion of Malign Legal Operations (MALOPs) as a more appropriate term to encapsulate these actions. Furthermore, this paper emphasizes that the debate over the value-neutrality of the notion lawfare is complex, and the term is insufficiently defined to support its supposed neutrality, leading to opportunities for further exploitation by revisionist states and entities. Supporters of valueneutrality argue that distinguishing a “malign” variant of lawfare offers malicious practitioners more opportunities to make false claims against legitimate actors. However, the text counters that classification of malign behavior is based on objective and observable manipulations of legal systems rather than mere disagreement. Furthermore, the paper argues that lawfare is a doctrinally inappropriate term due to its contradictory nature, as it combines “law” and “warfare” despite serving as an alternative to military conflict. Using a single term to describe both legitimate and malicious legal actions is damaging to discourse and detracts from efforts to combat the misuse of legal systems. The research’s primary objectives include establishing the lack of a universally accepted definition for lawfare, demonstrating the unanswered question of value-neutrality, and highlighting the non-doctrinal nature of the term itself. It concludes that lawfare is no longer an appropriate term to describe these phenomena, advocating for the adoption of Malign Legal Operations to better represent the manipulation of legal domains for political ends.
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Moe, Angela M., and Kathleen J. Ferraro. "Malign Neglect or Benign Respect." Women & Criminal Justice 14, no. 4 (August 19, 2003): 53–80. http://dx.doi.org/10.1300/j012v14n04_04.
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Spáčil, Jakub. "Retorsion: An Underrated Retaliatory Measure Against Malign Cyber Operations." Baltic Journal of Law & Politics 17, no. 1 (June 1, 2024): 46–69. http://dx.doi.org/10.2478/bjlp-2024-0003.
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Abstract The articles discusses the application of the concept of retorsion in relation to defensive measures against hostile cyber operations. Retorsion is a concept not regulated by international law, which gives the victim state a high degree of flexibility in its use. However, its limits are formed by the rules of international law (retorsion is an unfriendly act not prohibited by international law). The paper is divided into three main parts. The first part discusses the concept of retorsion in general terms and its relation to cyber operations, the second part defines the relationship between retorsion, countermeasures, plea of necessity and the right of self-defence, and the third part consists of in-depth analysis of states’ practice. The analysis of states’ practices includes both the actual measures that states have taken in response to cyber operations (e.g. expulsion of diplomats, economic sanctions, travel bans) and official statements on the issue that have been published, particularly in the period 2019–2022. Attention is also paid to the possibilities of using retorsion against cyber operations carried out by non-state actors.
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Enang Hidayat and Abu Umar Faruq Ahmad. "Legal Maxims of Ba’i Ibn Al-Arabi’s Contract and Their Relevance to Contemporary Muamalah Maliah Issues." Jurnal Hukum Islam 21, no. 1 (June 7, 2023): 1–28. http://dx.doi.org/10.28918/jhi_v21i1_01.
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The legal maxims of the ba'i contract are inductive Islamic legal reasoning, so their implementation has a static and dynamic character. Apart from al-Arabi, attention to two characters in one theme of fiqh (Islamic Jurisprudence) rules is rarely discussed by Islamic jurists. It is one of the reasons for the failure to dynamize the theory and practice of Islamic economic law, resulting in various criticisms. This research discussed the legal maxims of the ba'i contract of al-Arabi in Al-Masalik fi Syarh Muwatta Malik and their relevance to contemporary muamalah maliah issues to provide complete answers to various criticisms in contemporary Islamic legal theory and practice. The research method used normative Islamic law with a conceptual, philosophical, and historical approach. The data collection technique used a document study of Ibn al-Arabi's work "Al-Masalik fi Syarh Muwatta Malik" related to the fiqh rule on the Ba'i contract. The analysis technique was prescriptive analysis with logic and inductive legal reasoning. The research results show the ten fiqh rules of the ba'i contract developed by al-Arabi that have static characters, namely usury, garar or jahalah, consuming wealth in vanity, and deceit (gasysi). Besides, those with dynamic characters are urf, emergency, and maqasid al-syariah/sadd al-zariah. The rule fiqh is relevant to contemporary muamalah maliah contract issues, such as cashback systems, dropship systems in online buying and selling, stock sales, pre-order systems, and electronic transactions (e-money). Therefore, these rules can be used as an ‘illat (ratio legis) for resolving problems in the contemporary muamalah maliah contract.
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Lu, Yangchun, Ting Lu, Yudong Lu, Bo Wang, Guanghao Zeng, and Xu Zhang. "The Study on Solving Large Pore Heat Transfer Simulation in Malan Loess Based on Volume Averaging Method Combined with CT Scan Images." Sustainability 15, no. 16 (August 15, 2023): 12389. http://dx.doi.org/10.3390/su151612389.
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Malan loess is a wind-formed sediment in arid and semi-arid regions and is an important constituent of the Earth’s critical zone. Therefore, the study of the relationship between microstructure and heat transfer in Malan loess is of great significance for the in-depth understanding of the heat transfer mechanism and the accurate prediction of the heat transfer properties of intact loess. In order to quantitatively characterize the heat transfer processes in the two-phase medium of solid particles and gas pores in the intact loess, this study used modern computed tomography to CT scan the Malan loess in Huan County, Gansu Province, the western part of the Loess Plateau, China and used the specific yield of the intact Malan loess as the parameter basis for extracting the threshold segmentation of the large pores in the scanned images for the three-dimensional reconstruction of the connected large pores. An experimental space for heat conduction of intact Malan loess was constructed, and the surface temperature of Malan loess was measured on the surface of the space with a thermal imager. The simulation of the heat conduction process was carried out using the solution program in AVIZO (2019) software using the volume averaging method combined with CT scanning to reconstruct the 3D pores. The experiments of heat conduction in the intact Malan loess showed that for a given external temperature pressure, the temperature decreases along the heat flow direction as a whole. The temperature of the pores in the normal plane along the heat flow direction is higher than the temperature of the solid skeleton. Abnormal temperature points were formed at the junction of the surface and internal pores of Maran loess, and the temperature of the jointed macropores was about 1 °C higher at the surface of the sample than that of the surrounding solid skeleton. Simulation of heat conduction in Malan loess showed that the heat transfer process in Malan loess was preferentially conducted along the large pores and then the heat was transferred to the surrounding Malan loess particle skeleton. The simulation results of heat conduction in Malan loess were in high agreement with the experimental results of heat conduction in Malan loess, which verifies the reliability of the calculated model.
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POLAT, Elif. "ANALYSIS OF THE CONCEPT OF DEFECTIVE GOODS IN TERMS OF OBLIGATIONS-TRADE AND CONSUMER LAW." Ticaret ve Fikri Mülkiyet Hukuku Dergisi 8, no. 1 (June 30, 2022): 207–31. http://dx.doi.org/10.55027/tfm.892145.
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Satılan bir malda ortaya çıkan ve o maldan tümüyle veya gerektiği gibi yararlanmayı alıcı bakımından zorlaştıran eksiklik ve aksaklıkları ifade eden ayıp kavramı mevzuatımızda çeşitli kısımlarda düzenlenmiştir. Bu düzenlemelere TBK, TTK ve TKHK’da rastlamak mümkündür. Ayıplı mal kavramının kapsamının en geniş biçimde TKHK’da ele alındığını söylemek mümkündür. Muayene ve ihbar külfetine ilişkin süreler bakımından ise TTK’nın, TBK’dan ayrıldığı görülmektedir. Bu makalede, ayıplı mala ilişkin hükümler, Borçlar, Ticaret ve Tüketici Hukuku bakımından incelenmiş ve birbirinden ayrılan noktalara değinilmiştir.
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Diebold, J., S. Caulet, and J. Audouin. "Lymphadénopathie angio-immunoblastique (LAI) et lymphome malin T de type LAI." La Revue de Médecine Interne 9, no. 1 (January 1988): 13–14. http://dx.doi.org/10.1016/s0248-8663(88)80034-1.
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Fisher, Brad. "RUSSIA’S INVASION OF UKRAINE AND THE DOCTRINE OF MALIGN LEGAL OPERATIONS." Access to Justice in Eastern Europe 5, no. 4-2 (December 13, 2022): 25–51. http://dx.doi.org/10.33327/ajee-18-5.4-a000456.
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This article offers a trans-disciplinary legal analysis of the Russian Federation’s total invasion of Ukraine from the perspective of Malign Legal Operations (MALOPs). Known colloquially as lawfare, the notion of MALOPs in this article is defined as ‘the exploitation of legal systems by employing disinformation to shape perceptions of legitimacy, justify violations, escape legal obligations, contain adversaries, or to advantageously revise the rule of law’. Unlike the bumper-sticker term lawfare, MALOPs offers a theoretical approach to conceptualise, identify, and ultimately disrupt the practice of legal exploitation, particularly as it relates to international security. This article asserts that Russian MALOPs provided a nearcertain indication of attack in the months leading up to Russia’s total invasion of Ukraine. Furthermore, this research suggests that MALOPs are a principal tool for revisionist states like the Russian Federation and the People’s Republic of China to pursue legal asymmetries in pursuit of geopolitical objectives. Finally, this research recommends a novel approach for responding to this behaviour in the form of the Counter-MALOPs Toolkit: Identify; Disrupt; and Defend.
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Qatrunnada, Hanna Masawayh, Lailatul Choiriyah, and Nurul Fitriani. "Gadai dalam Perspektif KUHPerdata dan Hukum Islam." Maliyah : Jurnal Hukum Bisnis Islam 8, no. 2 (December 10, 2018): 175–97. http://dx.doi.org/10.15642/maliyah.2018.8.2.27-49.
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This article discusses the law of pawn in terms of the Civil Code and Islamic law. This article is the result of a literature study and is qualitative. Data about pawning is collected through books, journals, and the internet. After the data was collected, it was classified and analyzed descriptively. The results of the discussion concluded that pawning in the Civil Code is regulated in Book II Chapter 20, Article 1150 to Article 1161, while in Islamic law it is included in the discussion of muamalah fiqh. In terms of the Civil Code and Islamic law, they have the same thing that the pawn is collateral for goods because of the existence of accounts payable, and both allow pawning law. The existence of a pawning contract has implications for legal consequences. The Civil Code regulates these provisions in its articles. Islamic law allows pawning based on the arguments of the Koran, Sunnah, and ijma'. Pawn contains benefits, namely to help someone who is experiencing difficulties in their daily activities. The pawn (ar-Rahn) has certain pillars and conditions that must be fulfilled so that the pawn can be implemented based on goodness and benefit for both parties carrying out the transaction. If the pillars and conditions of the mortgage are not fulfilled or violate the terms and conditions in Islam and the elements of benefit, the law is declared null and void.
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Fageh, Achmad. "Digital Currency under the Perspective of Islamic Law." Maliyah : Jurnal Hukum Bisnis Islam 11, no. 1 (June 29, 2021): 110–28. http://dx.doi.org/10.15642/maliyah.2021.11.1.110-128.
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Fatwa Number: 28/DSn-MUI/III/2002 regulates the sale and purchase of money in the fatwa which reads: Currency buying and selling transactions are basically allowed, provided that: Not for chancy (speculation), just in case (savings), the transaction needs if the currency transactions are of the same type, they must be of the same value and cash. If different types, it must be based on the exchange rate at the time of transaction and cash delivery. The concept of digital currency for buying and selling transactions has met the requirements and pillars. However, in the mechanism, there is an element of ambiguity. Its nature and form is unknown (jahalah), which is contained in the software. The use of digital money is also seen as having many disadvantages. The reason is that when the price goes up, this digital money will be sold, and even the price can go up to zero. Here there is a dark side that is to draw fate and make a profit. So to avoid harm, this digital money is not recommended to be used.
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Sari, Nurita. "Analisis Pertimbangan KPPU Terhadat Keterlambatan Notifikasi Akuisisi Saham Perspektif Hukum Ekonomi Syariah." Maliyah : Jurnal Hukum Bisnis Islam 14, no. 1 (June 24, 2024): 108–28. http://dx.doi.org/10.15642/maliyah.2024.14.1.108-128.
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This study aims to examine the consideration of decisions made by the Business Competition Supervisory Commission (KPPU) related to the Share Acquisition made by PT Matahari Pontianak Indah Mall, from the view of sharia economic law and also the view of positive law. The research method in this study uses normative juridical method, then explained with descriptive method. So that the results of this study provide an understanding that the case in this decision is not considered a violation in the perspective of sharia economic law but juridically the case is still considered to violate the provisions of article 29 of Law number 5 of 1999 which regulates the prohibition of monopolistic practices and unfair business competition.
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Wang, Nian Qin, Xiao Ling Liu, Dong Hai Luo, and Yong Yao. "Study on Dynamic Strength Characteristics of Malan Loess." Applied Mechanics and Materials 170-173 (May 2012): 964–68. http://dx.doi.org/10.4028/www.scientific.net/amm.170-173.964.
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Vibration effect is a major inducing factor of loess slope hazards and the basis of revealing loess slope mechanism, which often changes loess structure and decreases loess strength. Based on the GDS Lab System, the dynamic triaxial test was performed by using equivalent sine wave under strain controlling. The results are described as follows: ① there is an obvious phenomenon of stress relaxation during the cyclic loading test on Malan loess, and the degree of stress relaxation decreases with the increase of confining pressure and dynamic strain. Under the low confining pressure, Malan loess reaches certain strain only by small dynamic stress within 2% strain ranges. Under high confining pressure, Malan loess will also reach certain strain value by small dynamic stress within 1% strain ranges. At the same time, with the increase of confining pressure, the peak value of dynamic stress increases gradually. ②The dynamic failure stress of Malan loess increases linearly with the increase of confining pressure. The correlation coefficient is 0.99 and the linear regression equation is бd = 0.001б3 + 0.019. ③On the basis of Molar Coulomb failure criterion, the index of dynamic strength was c =3.36kPa, φ=16°. In comparison with the static strength, the internal friction angle decreases significantly while the cohesion slightly.
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Suleiman, Monica, and Irmah Anwar. "Chaetomitrium vrieseanum Bosch & Sande Lac. (Symphyodontaceae), a noteworthy record of a moss from Borneo." Check List 17, no. 1 (February 10, 2021): 227–31. http://dx.doi.org/10.15560/17.1.227.
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Chaetomitrium vrieseanum Bosch & Sande Lac. is reported as new to Borneo based on specimens collected from Maliau Basin Conservation Area in Sabah, East Malaysia. It is the first species of the genus with orbicular branch leaves reported from this island.
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Musyarofah, Hanik. "Analysis of Islamic Law and Law No. 56 PRP 1960 on the Practice of Pawning Paddy Fields in the Village of Malang." Maliyah : Jurnal Hukum Bisnis Islam 11, no. 2 (December 10, 2021): 157–81. http://dx.doi.org/10.15642/maliyah.2021.11.2.1-25.
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This is field research entitled "Review of Islamic Law and Law Number 56 Prp of 1960 Against Pawn Pawn Practices in Jambesari Village, Poncokusumo District, Malang Regency". This study has two objectives, namely: how the practice of pawning rice fields in Jambesari Village, Poncokusumo District, Malang Regency and how to analyze Islamic law and Law no. 56 Prp Th. 1960 on the practice of pawning rice fields in Jambesari Village, Poncokusumo District, Malang Regency. The results of this study are that: first, the practice of pawning rice fields by the people of Jambesari Village, Poncokusumo District, Malang Regency is carried out by making an oral pawn agreement from both parties for a certain period; and second, the practice of pawning rice fields in Jambesari Village, Poncokusumo District, Malang Regency is in accordance with the opinion of the Hanafiyah scholars. However, contrary to the number of Maliki, Shafi'i and Hanbali scholars, it is mainly related to the use of pawned land which tends to have an element of coercion.
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Spáčil, Jakub. "Countermeasures against Cyber Operations: Moving forward?" International and Comparative Law Review 23, no. 2 (December 1, 2023): 86–110. http://dx.doi.org/10.2478/iclr-2023-0016.
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Summary The paper is devoted to the analysis of countermeasures in the context of cyber operations. This circumstance precluding wrongfulness is one of the tools that states can use in response to (not only) malign cyber operations that fulfil the characteristics of an internationally wrongful act. The paper examines the various material and procedural conditions of countermeasures and the specifics of their implementation in cyberspace. The second part of the paper then discusses contentious issues related to countermeasures, namely the relationship between countermeasures and the principle of due diligence, the possibility of implementing forcible countermeasures, and finally the current status of collective countermeasures under customary international law.
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Sun, Wei-Hsin, Charlene A. Heisler, and Matthew A. Malkan. "UV/Optical Continuum Variability In AGNs." Symposium - International Astronomical Union 173 (1996): 295–96. http://dx.doi.org/10.1017/s0074180900231628.
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The observed strong UV/Optical excess in many Seyfert 1 galactic nuclei and quasars (QSOs) is well described as thermal radiation from the surface of an optically thick accretion disk surrounding a supermassive black hole (Malkan 1983, Sun and Malkan 1989). This scenario naturally leads to a radially symmetric temperature gradient with the innermost regions the hottest. Thus for a perturbation generated in the inner regions propagating outward, sequential variations from higher to lower frequencies should be expected, aside from the bolometric increase of brightness. However, the extremely intensive International AGN watch (Peterson 1993 and references therein) on NGC 5548 and UV/Optical monitoring campaign on Mkn 335 (Sun et al. 1995) point to opposite conclusions on the time lag between UV and Optical continua, with no lag for NGC 5548 and ∼ 50 days for Mkn 335. We thus began two monitoring programs at Lick Observatory and Mount Stromlo and Siding Spring Observatory (MSSSO) on a sample of Seyfert 1 galaxies with CCD direct imaging to search for more conclusive evidence on the sequential variabilities.
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Fisher, Brad. "Ideological Aggression and International Law: Soviet and Russian Malign Influence within Legal Domains (MILDs)." NaUKMA Research Papers. Law 5 (June 3, 2020): 78–93. http://dx.doi.org/10.18523/2617-2607.2020.5.78-93.
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Masruroh, Siti. "Program Semanggi Berbasis Kāfalah pada Lembaga Manajemen Infaq Surabaya dalam Perspektif Hukum Islam." Maliyah : Jurnal Hukum Bisnis Islam 10, no. 2 (December 28, 2020): 268–87. http://dx.doi.org/10.15642/maliyah.2020.10.2.97-116.
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.This research focuses on the kafālah-based Semanggi Program at the Infaq Management Institute in Surabaya. This research analyzes the concept of kafālah from the perspective of Islamic law. The research method applies qualitative methods to collect data employing observation, interviews, and documentaries. The next stage is to apply the descriptive analysis method to understand the concept of the kafālah-based Semanggi program. The construction of understanding uses deductive logic. The results of the research construction on the Semanggi Program have not fully implemented the characteristics of kafālah according to Islamic law. Based on field data, there is no kafālah contract between Mākful Lahu (people who owe debts) and Mākful 'Anhu (people who are guaranteed), namely the teachers of the al-Qur'an Education Park to make a debt-receivable agreement. In the perspective of Islamic law, it is not included in the category of the kafālah contract because the characteristics of the concept of kafālah are incomplete. This research concludes that the Surabaya Infaq Management Institute must reconstruct the concept of kafālah so as not to harm other parties and the Surabaya Infaq Management Institute. Giving gifts based on Islamic law can be an alternative to the kafālah contract.
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Khoirunnisa, Rizki. "Analisis Hukum Islam terhadap Pandangan Masyarakat Desa Sidomojo Krian Sidoarjo tentang Pinjaman pada Bank Titil dan Rentenir." Maliyah : Jurnal Hukum Bisnis Islam 9, no. 1 (June 24, 2019): 74–92. http://dx.doi.org/10.15642/maliyah.2019.9.1.74-92.
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This article discusses the analysis of Islamic law on the views of the Muslim community in the village of Sidomojo Krian Sidoarjo regarding loans through moneylenders and credit banks. This research is field research in the town of Sidomojo Krian Sidoarjo and is qualitative. The data collection techniques used were interviews and observations, then analyzed using descriptive analysis methods. From the results of the study, it is known that three loan shark customers and three titil bank customers agree that the law of bank interest is haram because it is the same as usury. However, they still borrow from these two places because of economic needs, and the process of borrowing from these places is more straightforward. The opinion of those who forbid bank interest is following Islamic law. In contrast, their actions of borrowing through moneylenders and bank credit are allowed as long as they are forced to do so as a rule "The condition of dharurah will allow something that was originally prohibited." If the compulsion is lost, then the law returns to its origin, which is haram. Seeing that their economy is not improving after making loans through moneylenders and bank-titil, then they should no longer make loans in these two places or in other areas that apply interest.
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Shasrini, Tessa, Muhibuddin Zaini, and Harmiyati Harmiyati. "UU ITE Counseling No.19 of 2016 "Wisely Using Social Media Among MTs YLPI Rohul Students"." Dinamisia : Jurnal Pengabdian Kepada Masyarakat 7, no. 1 (February 13, 2023): 42–47. http://dx.doi.org/10.31849/dinamisia.v7i1.11334.
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Technological developments, especially advances in social media such as a double-edged sword, provide many benefits for those who use it, but on the other halnd, it allso provides al dalngerous side alnd caln caluse halrm if used incorrectly. Informaltion technology improves welfalre, alnd progress alnd falcilitaltes humaln beings, caln allso do the salme waly of effective alction algalinst the lalw. "The lalw chalnged to number 11 of 2008 regalrding electronic informaltion alnd tralnsalctions through Lalw no. 19 of 2016 als al legall umbrellal for the use of informaltion technology thalt needs to be known by the public, on certalin sociall medial users. In this service, the talrget is MTS YLPI Rohul students. The purpose of this service is to ralise legall alwalreness of sociall medial for the “Z” generaltion alt MTS YLPI Rohul With regalrd to the implementaltion of problem-solving efforts. The implementaltion stalge uses counseling methods wisely using sociall medial, discussions, alnd responses alnd alnswers. The malin malteriall presented is the involvement of informaltion almendments alnd electronic tralnsalctions alcting on sociall medial alssignments alnd the falctors of sociall medial use. The results of this service alre expected thalt students will understalnd alnd be wiser in giving aldvice or expressions on sociall medial alnd must remalin in alccordalnce with the alpplicalble ethicall alnd legall corridors so thalt they alre not ealsily entalngled in the ITe law.
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Kucuk, Can, Erdogan Sozuer, Engin Ok, Fevzi Altuntas, and Zeki Yilmaz. "Laparoscopic Versus Open Splenectomy in the Management of Benign and Malign Hematologic Diseases: A Ten-Year Single-Center Experience." Journal of Laparoendoscopic & Advanced Surgical Techniques 15, no. 2 (April 2005): 135–39. http://dx.doi.org/10.1089/lap.2005.15.135.
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Ikbar, Alifia Nisa. "Perjanjian Iklan di Radio Suara Akbar Surabaya menurut Hukum Islam dan Hukum Positif." Maliyah : Jurnal Hukum Bisnis Islam 10, no. 2 (December 24, 2020): 172–96. http://dx.doi.org/10.15642/maliyah.2020.10.2.1-25.
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The data of this research were collected using observation, interview, and literature study techniques. Then analyzed with descriptive techniques in describing the problem of advertising agreements at Radio Suara Akbar Surabaya. After the data obtained were then analyzed using the Islamic Law and Positive Law. The results of this study concluded that the advertising agreement on SAS FM radio Surabaya with the advertiser, namely the Al Falah Social Fund Foundation (YDSF) had no procedural problems, but in practice there was a default by SAS FM radio with the broadcaster's negligence in managing the time. So that, the advertisement cannot be played as agreed, namely at the exact time of the SAS FM radio signal, in addition to an erratic power outage, and an unexpected time transmitter malfunction. The advertising agreement in this case, according to Islamic law, there are conditions that are not fulfilled, so that it is detrimental to the YDSF advertiser whose advertisement is not shown at the right time signal. According to positive law, it also causes losses to the party carrying out the advertisement. So that, the advertiser can claim compensation for both broadcast time and costs. In this case, the aggrieved party is the client by not showing the advertisement as agreed, then SAS FM is required to change the broadcast time outside the existing agreement.
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Sakdiyah, Sayidah Nisrul Halimatus. "Perlindungan Konsumen terhadap Praktik Jual Beli Barang Kadaluwarsa yang Tidak Dapat Dikembalikan." Maliyah : Jurnal Hukum Bisnis Islam 11, no. 2 (December 11, 2021): 233–59. http://dx.doi.org/10.15642/maliyah.2021.11.2.77-103.
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This article is the result of a qualitative research to answer questions about how the practice of buying and selling expired goods that cannot be returned at Hidayah store and how Islamic law and Law no. 8 of 1999 concerning consumer protection against the sale and purchase of expired goods that cannot be returned at the Hidayah store in Surabaya. From the results of this study, it can be concluded that: first, in practice, expired goods which are the object of buying and selling at the Hidayah store in Surabaya may not be returned when consumers directly choose their own goods at the store, while they can be returned if the customer places an order by telephone; second, the practice of buying and selling expired goods that cannot be returned is not allowed according to Islamic law, because it is not in accordance with the sale and purchase contract in which there is a khiya>r, namely disgrace khiya>r, where when the goods are defective (expired), then may be returned. In addition, in article 8 paragraph 4 of Law no. 8 of 1999 concerning consumer protection also emphasized the prohibition of business actors from trading expired goods and being obliged to withdraw them from circulation. Consumers should be more thorough and careful in checking the goods to be purchased by checking the expiration date of each food product. Meanwhile, shop owners should sell goods that do not expire so as not to harm consumers.
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Faiza, Siti Nur. "Penolakan Sertifikasi Label Halal MUI Surabaya pada Produk “Mie Setan” Perspektif Hukum Islam dan Undang-Undang No 33 Tahun 2014." Maliyah : Jurnal Hukum Bisnis Islam 11, no. 2 (December 11, 2021): 260–81. http://dx.doi.org/10.15642/maliyah.2021.11.2.104-125.
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This study discusses the rejection of the halal label certification on devil noodle products in the perspective of Islamic law and Law no. 33 of 2014. The results of the study concluded that the rejection of the halal label certification application based on SK46/Dir/LPPOM MUI/XII/14 and MUI Fatwa Number 4 of 2003 concerning Standardization of Halal Fatwas because the name of Satan is identic with the name of the enemy of Allah and it is feared that it can distance from remembering Allah and can be categorized as 'urf fasid (bad costome) that must be abandoned. Then, regarding the product name in Law no. 33 of 2014 is not an object that will be examined by halal auditors, but regarding the name and type of product, it is an initial file at the stage of submitting an application, then in article 33 of Law no. 33 of 2014 explains that the determination of product halalness is carried out by MUI in the MUI halal fatwa trial. In line with the conclusion above, the owner of the Surabaya devil noodle product must follow the procedure of LP POM MUI JATIM, namely changing the name of the devil with a good name, then for consumers who consume devil noodle, it is expected that the spicy level is adjusted to the body's ability and not excessive, and for LP POM MUI JATIM to be careful in accepting or rejecting the submission of MUI halal label certification, so that no party feels aggrieved or disappointed.
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BAMBA, Amadou, Mariam TOGOLA, Abdoulaye MAIGA, and Djimé Silamakan DIAWARA. "Effects of Access to Bank Credit on Economic Growth: A Sector-by-sector Analysis of the Malian Economy." International Journal of Economics, Business and Management Research 07, no. 07 (2023): 219–38. http://dx.doi.org/10.51505/ijebmr.2023.7716.
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This work aims to verify the effect of access to bank credit on economic growth from an analysis by sector of the Malian economy during the period 1990-2021. Using ARDL (Auto Regressive Distributed Lag) modeling, the results show that access to bank credit has a negative short-term and positive long-term effect on economic growth in Mali. The results of the sector analysis show that bank credit granted to the private sector has a positive effect on the growth of the industrial and services sectors but shows a negative effect on the growth of the agricultural sector. Economic policy makers need to improve access to credit in the agricultural sector.
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Hanipah, Aumalia, Nikmah Dalimunthe, Sri Indah Pertiwi, and Humaidi Sitompul. "Kontrak Kerja dalam Hukum Bisnis Ketenagakerjaan: Analisis Perlindungan Hukum Hak dan Kewajiban Para Tenaga Kerja." Maliyah : Jurnal Hukum Bisnis Islam 13, no. 1 (June 25, 2023): 110–32. http://dx.doi.org/10.15642/maliyah.2023.13.1.110-132.
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Many workers in Indonesia experience violations of legal protection for their rights and obligations as workers, which is based on their ignorance of what a work contract is and what rights and obligations workers have. This forms the basis of this research, with the aim of analyzing employment contracts in the field of labor law: an analysis of the legal protection of workers' rights and obligations. The data analysis in this research uses qualitative methodology with a descriptive research design. Furthermore, this study reveals that labor law will always be related to the protection of workers' rights and obligations. In the field of labor law, an employment contract is defined as a written agreement between an employee and an employer that regulates various aspects of their working relationship. This contract serves as a legal framework that protects the rights and obligations between both parties. Legal protection is an effort to safeguard the dignity and human rights of legal subjects in accordance with applicable laws and regulations, whether in the form of policies or rules that can protect something from other threats. Rights and responsibilities between parties are interrelated, where one party's rights imply obligations for the other party.
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Rohman, Moh Faizur, Moch Zainul Arifin, and Samun Samun. "Penyusunan Kamus Hukum Ekonomi Syariah sebagai Upaya Pengembangan Institusi." Maliyah : Jurnal Hukum Bisnis Islam 13, no. 1 (June 29, 2023): 133–53. http://dx.doi.org/10.15642/maliyah.2023.13.1.133-153.
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The research with the title Efforts to Develop the HES Study Program through the Compilation of a Sharia Economic Law Dictionary (HES Dictionary) is a literature study that aims to find out the steps for compiling the HES Dictionary and find out the results of the preparation of the Sharia Economic Law Dictionary. This research is included in the type of qualitative descriptive research that describes the steps of compiling a dictionary and describes the terms in Islamic Economic Law, identified through the study of documents derived from data sources. The results obtained related to the steps of compiling a dictionary are through the stages of designing a dictionary, identifying reference materials, determining reference materials, determining the format, finishing and evaluation. From the evaluation results, it was found that the compiled dictionary design was very helpful in supporting the learning process, especially in the HES Book Review course and the Arabic for HES course. This was based on the results of the evaluation of the discussion participants because so far, they had only relied on pure Indonesian Arabic dictionaries without knowing the whole meaning of the vocabulary. The discussion participants also stated that this HES dictionary could help dictionary users overcome difficulties in understanding various Arabic terms related to mu'amalah fiqh, especially in taking text studies and Arabic for HES courses.
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Junaidy, Abdul Basith, Nurul Asiya Nadhifah, Nur Lailatul Musyafa’ah, and Hammis Syafaq. "Konsep Kerja Pengrajin Industri Sandal di Wedoro Waru Sidoarjo Perspektif Etika Bisnis Islam." Maliyah : Jurnal Hukum Bisnis Islam 13, no. 2 (December 25, 2023): 197–220. http://dx.doi.org/10.15642/maliyah.2023.13.2.197-220.
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This article discusses working according to sandal craftsmen in Wedoro village, Waru, Sidoarjo. The research was conducted in Wedoro village, Waru, Sidoarjo, East Java. Data collection through observation, interviews and documentation. The collected data was analyzed deductively using Islamic law. The study results concluded that most sandal craftsmen came from among the santri and were affiliated with the Nahdhatul Ulama religious organization. The concept of work they have is influenced by the religious teachings they acquire. They do five things at work, namely diligent and diligent, knowledgeable, innovating and understanding market needs, expanding networks and relationships, and being grateful. These five things are in accordance with the concept of Islamic law. In maqāṣid al-Sharia, work as a sandal craftsman corresponds to the objectives of hifẓ al-dīn, hifẓ al-nafs, hifẓ al-‘aql, hifẓ al-nasl and hifẓ al-māl.
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Afifah, Nurul, and Nur Lailatul Musyafa’ah. "Analisis Hukum Islam terhadap Jual Beli Online." Maliyah : Jurnal Hukum Bisnis Islam 9, no. 1 (June 27, 2019): 118–37. http://dx.doi.org/10.15642/maliyah.2019.9.1.118-137.
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This article discusses the analysis of Islamic law on buying and selling online. This research is literature and qualitative research. Data were collected through books, journals, and documents and analyzed descriptively. The study results conclude that buying and selling online is a sale and purchase transaction of goods carried out by two parties, namely the seller and the buyer, through the internet. In Islamic law, buying and selling online is legal, and the contract is valid on the condition that the goods purchased are halal and have precise specifications, the goods to be bought are following their needs. The buyer has the right to cancel or accept if the goods are not following the order. The sale and purchase are considered fi hukm ittihad al-majlis (in the position of one assembly). Ittihad al-majlis can be interpreted in three ways, namely ittihad al-makan (one place) and ittihad al-zaman (time of time), and ittihad al-haiah (one position). With modern communication media, it is possible to unite two places that are far apart, so that the two places are considered to be one (taaddud al-makan fi manzilah ittihad al-makan). Online buying and selling transactions carried out in two far apart areas are included in ittihad al-majlis in the ittihad al-zaman category (one time).Islam allows buying and selling online as long as there is no element of fraud between the two parties in the contract. It has fulfilled the conditions and pillars following the provisions of Islamic law.
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Yasmine, Heydi Tiara. "Praktik Pesanan Paket Aqiqah dalam Tinjauan Hukum Islam." Maliyah : Jurnal Hukum Bisnis Islam 12, no. 1 (June 9, 2022): 46–68. http://dx.doi.org/10.15642/maliyah.2022.12.1.46-68.
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The research entitled The Practice of Ordering Aqiqah Packages in a Review of Islamic Law was written to answer problems related to how the practice of ordering aqiqah package products at Istiqomah Aqiqah Sidoarjo and how to review Islamic law on the practice of ordering aqiqah package products at Istiqomah Aqiqah Sidoarjo. The research data were collected by observation, interview, and literature study techniques which were then analyzed using descriptive techniques in describing ordering aqiqah packages using a greeting contract. The results of this study conclude that the practice of ordering aqiqah package products at Istiqomah Aqiqah uses a salam contract between the ordering party and Istiqomah Aqiqah where payment is made at the beginning of the contract in cash or a down payment of 30%, and delivery of the aqiqah package is submitted at the end of the agreement in the assembly contract. Even though the Istiqomah Aqiqah party has provided payment relief using a down payment of 30% in ordering the aqiqah package, it does not rule out the possibility of a delay in paying the aqiqah package and causing one party to feel disadvantaged, namely the Istiqomah Aqiqah party. Delaying the payment of the aqiqah package made by the ordering party to Istiqomah Aqiqah after it is due according to Islamic law is permissible or mubah because the pillars and conditions in ordering the aqiqah package using the salam contract have been fulfilled. And because of the willingness of the Istiqomah Aqiqah parties to postpone the payment of the aqiqah package, this cannot be avoided due to unexpected things.
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Taylor, Nicholas H. "Cognitive Dissonance and Early Christianity a Theory and Its Application Reconsidered1." Religion and Theology 5, no. 2 (1998): 138–53. http://dx.doi.org/10.1163/157430198x00020.
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AbstractCognitive dissonance was one of the first social scientific concepts to be applied in New Testament studies. J Gager in Kingdom and community (1975) used cognitive dissonance theory to account for Christian responses to disconfirmation of their eschatological expectations. In a later article (1981) he used the theory to illuminate Paul's conversion. It was with the same intention that Segal (1990) applied this among other theories. Räisänen implicitly draws upon, if not the theory, then the thinking and observations which lie behind it in his study of Paul and the Jewish Law (1986). In my own previous work (1992; 1993; 1996) I have sought to apply cognitive dissonance both to Paul's conversion and to its much later repercussions for his views on matters of Jewish heritage and observance. Opposition to the use of cognitive dissonance theory in New Testament Studies has been led by Malina (1986). Drawing upon the cautions raised by Snow and Machalek (1982), Malina argues that cognitive dissonance theory is inappropriate to the early Christian situation, as the culture accommodated anomalous beliefs and practices without any consciousness of their incompatibility. Malina therefore suggests that, rather than Festinger's notion of cognitive dissonance (1957), Merton's conception of normative ambivalence (1976) should be used to account for discrepancies in the records of early Christianity. A corollary of this would be that dissonant information would not generate any pressure towards resolution in the early Christian context. This article will examine Malina's criticisms of the use of cognitive dissonance theory in Biblical Studies. Particular attention will be given to the question whether cognitive dissonance and normative ambivalence can in reality be deemed to be mutually exclusive alternatives. It will be argued that situations do occur where anomalies do not generate cognitive dissonance, and these are more adequately accounted for in terms of normative ambivalence. However, there remain situations where the stress occasioned by discrepant beliefs, practices, and experiences is evident. These situations are more adequately accounted for by cognitive dissonance. The theory therefore remains a valid tool for New Testament studies.