Search results for: Islamic legal texts

Authors: Hayyan ul Haq, Zainal Asikin

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This work aims to explore the appropriate solution in solving legal problems stemmed from managing and exploiting strategic natural resources in Indonesia. This discussion will be focused on the exploitation of gold mining, i.e. divestation process in the New Mont Corporation, West Nusa Tenggara. These legal problems relate to the deviation of the national budget regulation, UU. No. 19/2012, and the implementation of the divestastion process, which infringes PP. No. 50/2007 concerning the Impelementation Procedure of Regional Cooperation, which is an implementation regulation of UU No. 1/2004 on State’s Treasury. The cooperation model, have been developed by the Provincial Government, failed to create a permanent legal solution through normative approach. It has merely used practical approach that tends (instant solution), by using some loopholes in the divestation process. The above blunders have accumulated by other secondary legal blunders, i.e. good governance principles, particularly justice, transparency, efficiency, effective principles and competitiveness principle. To solve the above problems, this work offers constitutionalisation of contract that aimed at reviewing and coherencing all deviated contracts, rules and policies that have deprived the national and societies’ interest to optimize the strategic natural resources towards the greatest benefit for the greatest number of people..

Keywords: constitutionalisation of contract, strategic national resources, divestation, the greatest benefit for the greatest number of people, Indonesian Pancasila values

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Authors: Jordan Daud, Satriya Wibawa, Wahyu Wardhana

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In the summer of 2014, the leaders of the Islamic State of Iraq and Syria proclaimed the founding of religious-political system known as the caliphate which titled Islamic State (IS). As Caliph, Abu Bakr Baghdadi advocated Jihad from the Ummah (the Muslim community) to defend the Islamic state from unbelievers. This call for Jihad by IS had encouraged some radical organization in Southeast Asia pledge allegiance to IS and established bases for IS operation in Southeast Asia. This development had increased security concern for possible terrorism action in Southeast Asia, which currently not very active due to counterterrorism efforts from ASEAN member states and its cooperation with the world. This paper firstly tries to draw understanding from Ulema (Muslim cleric) about the conception of caliphate and Jihad based on Quran and Hadith. Secondly, this paper will elaborate counterterrorism efforts from ASEAN countries to prevent radicalization and terrorism act in addressing the call for jihad to establish IS in Southeast Asia. The third, this paper will recommend the role of the social community, especially Ulema, in Southeast Asia to prevent the misunderstanding of Jihad which usually used by terrorist to justify their action. Hopefully, this social community role will decrease the radicalization of Muslim community in Southeast Asia alongside with the counterterrorism efforts to create secure and stable ASEAN community based on shared norm and values.

Keywords: caliphate, jihad, ASEAN, counterterrorism, social community

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Authors: Oduntan Kemi Olalekan

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Nigeria as the largest economy in Africa is still in its developing stage as its economy cannot be termed developed; it is still in search of economic policy that will positively affect the life of majority of her citizenry. Several policies have been employed to take care of the situation prominent among which is Structural Adjustment Programme (SAP) of Babangida Administration but it could not rescue the economy. Non-interest Banking otherwise known as Islamic Banking has been suggested as a means of developing Nigerian economy as it will enable more Nigerian have access to working capital and contribute positively to the growth of her economy. The paper investigated the level of Nigeria economic development and gave an overview of economic policies since independence, traced the genesis of non-interest banking in Nigeria and made recommendations on the adoption of the policy as an antidote to Nigeria economic development.

Keywords: economic development, Nigerian economy, non-interest banking, working capital, Islamic banking.

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Authors: Dini Dewi Heniarti

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Military Court which is a judicial institution within the military institution has a heavy duty. Military court has to ensuring a fair legal process for military personnel (due process of law) and enforces military discipline. Military justice must also ensure protects the rights of military personnel. In Indonesia tren of military court changes in vision. The debate is happened on the jurisdiction of military court that allegedly has the potential existence of impunity. The Decree of People’s Consultative Assembly Number VII/MPR/2000 which states that the army general who committed the crime should not be tried in military court is one that underlies the proposed amendment limits the jurisdiction of military court. For the identify of the background in a specific format that is limited to juridical review. The goals this research is to gain knowledge, deep understanding and the concept of jurisdiction of military courts for military members who committed general crimes in adjudication procedure from the perspective of legal reform as alternative to establish independency of military judiciary. This research using Rule of Law as Grand Theory, Development Legal Theory as a Middle Theory and Criminal Justice System and concept of jurisdiction as supporting as Applied Theory. This study using a normative juridical approach, and equipped by primary data juridical approach of historical and comparative approach. The author uses descriptive analytical specifications. The main data used in this research is secondary data, which includes primary legal materials, secondary legal material and legal materials tertiary. Analysis primary data and qualitative data is done legally. Technique checking the validity of the data in this study used multiple methods with the research triangulation. This paper will demonstrate the problems concerning the jurisdiction of military courts for military personnel who committed general crimes in perspective of military justice reform Indonesia and adjudication procedures for military member who committed general crimes in the military justice system in Indonesia, as alternative to establish independency of judiciary in military justice in Indonesia. Comparative approached the military justice system from another countries is aimed to development military justice in Indonesia.

Keywords: jurisdiction, military courts, military justice, independency of judiciary

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Authors: Renata Hrecska

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This research aims to present today's corporate law reforms in the micro, small and medium-sized enterprise sector. The UN Commission on International Trade Law (UNCITRAL) currently deals with emerging issues in the sector in its Working Group I that has specifically focused on possible company law simplifications, including the creation of a fully unique company, the UNCITRAL Limited Liability Organization. However, beyond the work at the UN, the different states has also been focusing on simplification efforts and demands in the sphere of commercial law. We can observe that e.g. Slovakia, Serbia, Poland, Croatia, Hungary, Romania and France are undergoing legal reforms aimed at restructuring the sector through simplification of registration or operation. An important objective of the research is to examine where the boundary is for the legal entity to be more transparent and accountable, while the legislator wants to bring the possibility of establishing a company closer to the citizen. The research material presents the advantages and disadvantages of different initiatives with comparative legal instruments and draws conclusions on the possible future vision. The researcher herself attended some of the meetings of the relevant UNCITRAL working group as a national delegated expert, giving her a personal insight into the UNLLO discourse.

Keywords: commercial law, company formation, MSME, UNCITRAL

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Authors: Simona Maria Ignat

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Bullying online has been an increasing studied topic during the last years. Different approaches, psychological, linguistic, or computational, have been applied. To our best knowledge, a definition and a set of characteristics of phenomenon agreed internationally as a common framework are still waiting for answers. Thus, the objectives of this paper are the identification of bullying utterances on Twitter and their algorithms. This research paper is focused on the identification of words or groups of words, categorized as “utterances”, with bullying effect, from Twitter platform, extracted on a set of legislative criteria. This set is the result of analysis followed by synthesis of law documents on bullying(online) from United States of America, European Union, and Ireland. The outcome is a linguistic corpus with approximatively 10,000 entries. The methods applied to the first objective have been the following. The discourse analysis has been applied in identification of keywords with bullying effect in texts from Google search engine, Images link. Transcription and anonymization have been applied on texts grouped in CL1 (Corpus linguistics 1). The keywords search method and the legislative criteria have been used for identifying bullying utterances from Twitter. The texts with at least 30 representations on Twitter have been grouped. They form the second corpus linguistics, Bullying utterances from Twitter (CL2). The entries have been identified by using the legislative criteria on the the BoW method principle. The BoW is a method of extracting words or group of words with same meaning in any context. The methods applied for reaching the second objective is the conversion of parts of speech to alphabetical and numerical symbols and writing the bullying utterances as algorithms. The converted form of parts of speech has been chosen on the criterion of relevance within bullying message. The inductive reasoning approach has been applied in sampling and identifying the algorithms. The results are groups with interchangeable elements. The outcomes convey two aspects of bullying: the form and the content or meaning. The form conveys the intentional intimidation against somebody, expressed at the level of texts by grammatical and lexical marks. This outcome has applicability in the forensic linguistics for establishing the intentionality of an action. Another outcome of form is a complex of graphemic variations essential in detecting harmful texts online. This research enriches the lexicon already known on the topic. The second aspect, the content, revealed the topics like threat, harassment, assault, or suicide. They are subcategories of a broader harmful content which is a constant concern for task forces and legislators at national and international levels. These topic – outcomes of the dataset are a valuable source of detection. The analysis of content revealed algorithms and lexicons which could be applied to other harmful contents. A third outcome of content are the conveyances of Stylistics, which is a rich source of discourse analysis of social media platforms. In conclusion, this corpus linguistics is structured on legislative criteria and could be used in various fields.

Keywords: corpus linguistics, cyberbullying, legislation, natural language processing, twitter

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Authors: J. Jayaletchmi

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In seeking to manage a multiracial and multi-religious society, Singapore provides a unique solution – a dual court system whereby a common law system co-exists with a Syariah law system that administers Syariah law for the Muslim population. In this respect, Singapore seems to provide a feasible example of legal pluralism to countries grappling with a burgeoning Muslim population. However, problems have arisen regarding this peaceful coexistence of secular and religious laws that seek to balance the rights of women and religious freedom. Singapore’s interpretation of Syariah law in the context of marriage and divorce has resulted in certain inequalities for Muslim women, which are exemplified in light of the Women’s Charter, a landmark piece of legislation which provides the legal basis for equity between husband and wife, but excludes Muslims from its ambit. The success of Singapore’s dual court system has largely been at the expense of Muslim women’s rights, and, as a result, the Muslim community as a whole has begun trailing behind the progressive society it forms a part of. This paper explores the prevailing unfairness of rules governing Muslim marriage and divorce in Singapore, and puts forth bold reforms.

Keywords: legal pluralism, Singapore, Syariah law, women’s rights

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Authors: Rebaz Sdiq Ismail

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Organ donation and transplantation is one of the most debated topics in modern jurisprudence. It is a surgical procedure that aims to prolong a person’s life suffering from damaged or missing organs. This surgical procedure is carried out by removing an organ from a donor and transplanting it into the body of the recipient. As human life is of high value in Islamic Sharia, therefore, the donor and recipient should go through an intensive medical examination to remove any health risk associated with the organ and transplantation procedure. Thus, in carrying out the organ donation process, any violation of the Sharia decree that might cause harm to the human body is strictly prohibited. The researcher concludes that the former scholars of Islamic Sharia, along with some of the contemporary scholars, are against the entire concept of organ donation and transplant. However, the majority of contemporary scholars support organ donation.

Keywords: law, donation, organ, Kurdistan, sharia

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Authors: Fatemeh Noori

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The fashion industry is a dynamic and ever-evolving realm that continuously shapes societal perceptions of beauty and style. Within this industry, fashion modeling plays a crucial role, acting as the visual representation of brands and designers. However, behind the glamorous façade lies a complex web of legal considerations that govern the rights, responsibilities, and ethical practices within the field. This paper aims to explore the legal landscape surrounding fashion modeling, shedding light on key issues such as contract law, intellectual property, labor rights, and the increasing importance of ethical considerations in the industry. Fashion modeling involves the collaboration of various stakeholders, including models, designers, agencies, and photographers. To ensure a fair and transparent working environment, it is imperative to establish a comprehensive legal framework that addresses the rights and obligations of each party involved. One of the primary legal considerations in fashion modeling is the contractual relationship between models and agencies. Contracts define the terms of engagement, including payment, working conditions, and the scope of services. This section will delve into the essential elements of modeling contracts, the negotiation process, and the importance of clarity to avoid disputes. Models are not just individuals showcasing clothing; they are integral to the creation and dissemination of artistic and commercial content. Intellectual property rights, including image rights and the use of a model's likeness, are critical aspects of the legal landscape. This section will explore the protection of models' image rights, the use of their likeness in advertising, and the potential for unauthorized use. Models, like any other professionals, are entitled to fair and ethical treatment. This section will address issues such as working conditions, hours, and the responsibility of agencies and designers to prioritize the well-being of models. Additionally, it will explore the global movement toward inclusivity, diversity, and the promotion of positive body image within the industry. The fashion industry has faced scrutiny for perpetuating harmful standards of beauty and fostering a culture of exploitation. This section will discuss the ethical responsibilities of all stakeholders, including the promotion of diversity, the prevention of exploitation, and the role of models as influencers for positive change. In conclusion, the legal considerations in fashion modeling are multifaceted, requiring a comprehensive approach to protect the rights of models and ensure ethical practices within the industry. By understanding and addressing these legal aspects, the fashion industry can create a more transparent, fair, and inclusive environment for all stakeholders involved in the art of modeling.

Keywords: fashion modeling contracts, image rights in modeling, labor rights for models, ethical practices in fashion, diversity and inclusivity in modeling

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Authors: Nazli Ustunes Demirhan

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Norms of any nature are subject to pressures of change throughout their lifespans, as they are interpreted and re-interpreted every time they are used rhetorically or practically by international actors. The inevitable contestation of different interpretations may lead to an erosion of the norm, as well as to its strengthening. This paper aims to question the role of formal legality on the change of norm strength, using a norm contestation framework and a multidimensional norm strength conceptualization. It argues that the role of legality is not necessarily linked to the formal legal characteristics of a norm, but is about the legality of the contestation processes. In order to demonstrate this argument, the paper examines the evolutionary path of the humanitarian intervention norm as a case study. Humanitarian intervention, as a norm of very low formal legal characteristics, has been subject to numerous cycles of contestation, demonstrating a fluctuating pattern of norm strength. With the purpose of examining the existence and role of legality in the selected contestation periods from 1999 to 2017, this paper uses process tracing method with a detailed document analysis on the Security Council documents; including decisions, resolutions, meeting minutes, press releases as well as individual country statements. Through the empirical analysis, it is demonstrated that the legality of the contestation processes has a positive effect at least on the authoritativeness dimension of norm strength. This study tries to contribute to the developing dialogue between international relations (IR) and internal law (IL) disciplines with its better-tuned understanding of legality. It connects to further questions in IR/IL nexus, relating to the value added of norm legality, and politics of legalization as well as better international policies for norm reinforcement.

Keywords: humanitarian intervention, legality, norm contestation, norm dynamics, responsibility to protect

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Authors: Dorota Habrat

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In Polish law, the idea of the introduction of corporate responsibility for crimes is becoming more popular and creates a lot of questions. The need to introduce into the Polish legal system liability of corporate (collective entities) has resulted, among others, from the Polish Republic's international commitments, in particular related to membership in the European Union. The Act of 28 October 2002 on the liability of collective entities for acts prohibited under penalty is one of the example of adaptation of Polish law to Community law. Introduction to Polish law a criminal nature liability of corporations (legal persons) has resulted in a lot of controversy and lack of acceptance from both the scientific community as well as the judiciary. The responsibility of collective entities under the Act has a criminal nature. The main question concerns the ability of the collective entity to be brought to guilt under criminal law sense. Polish criminal law knows only the responsibility of individual persons. So far, guilt as a personal feature of action, based on the ability of the offender to feel in his psyche, could be considered only in relation to the individual person, while the said Act destroyed this conviction. Guilt of collective entity must be proven under at least one of the three possible forms: the guilt in the selection or supervision and so called organizational guilt. The next question is how the principle of proportionality in relation to criminal measures in response of collective entities should be considered. It should be remembered that the legal subjectivity of collective entities, including their rights and freedoms, is an emanation of the rights and freedoms of individual persons which create collective entities and through these entities implement their rights and freedoms. The adopted Act largely reflects the international legal regulations but also contains the unknown and original legislative solutions.

Keywords: criminal corporate responsibility, Polish criminal law, legislative solutions, Act of 28 October 2002

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Authors: John Doe

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This paper presents the research project “Escape Through Culture”, which is co-funded by the European Union and national resources through the Operational Programme “Competitiveness, Entrepreneurship and Innovation” 2014-2020 and the Single RTDI State Aid Action "RESEARCH - CREATE - INNOVATE". The project implementation is assumed by three partners, (1) the Computer Technology Institute and Press "Diophantus" (CTI), experienced with the design and implementation of serious games, natural language processing and ICT in education, (2) the Laboratory of Environmental Communication and Audiovisual Documentation (LECAD), part of the University of Thessaly, Department of Architecture, which is experienced with the study of creative transformation and reframing of the urban and environmental multimodal experiences through the use of AR and VR technologies, and (3) “Apoplou”, an IT Company with experience in the implementation of interactive digital applications. The research project proposes the design of innovative infrastructure of digital educational escape games for mobile devices and computers, with the use of Virtual Reality and Augmented Reality for the promotion of Greek cultural heritage in Greece and abroad. In particular, the project advocates the combination of Greek cultural heritage and literature, digital technologies advancements and the implementation of innovative gamifying practices. The cultural experience of the players will take place in 3 layers: (1) In space: the digital games produced are going to utilize the dual character of the space as a cultural landscape (the real space - landscape but also the space - landscape as presented with the technologies of augmented reality and virtual reality). (2) In literary texts: the selected texts of Greek writers will support the sense of place and the multi-sensory involvement of the user, through the context of space-time, language and cultural characteristics. (3) In the philosophy of the "escape game" tool: whether played in a computer environment, indoors or outdoors, the spatial experience is one of the key components of escape games. The innovation of the project lies both in the junction of Augmented/Virtual Reality with the promotion of cultural points of interest, as well as in the interactive, gamified practices of literary texts. The digital escape game infrastructure will be highly interactive, integrating the projection of Greek landscape cultural elements and digital literary text analysis, supporting the creation of escape games, establishing and highlighting new playful ways of experiencing iconic cultural places, such as Elefsina, Skiathos etc. The literary texts’ content will relate to specific elements of the Greek cultural heritage depicted by prominent Greek writers and poets. The majority of the texts will originate from Greek educational content available in digital libraries and repositories developed and maintained by CTI. The escape games produced will be available for use during educational field trips, thematic tourism holidays, etc. In this paper, the methodology adopted for infrastructure development will be presented. The research is based on theories of place, gamification, gaming development, making use of corpus linguistics concepts and digital humanities practices for the compilation and the analysis of literary texts.

Keywords: escape games, cultural landscapes, gamification, digital humanities, literature

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Authors: Kurt Willems

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The right to education is a fundamental human right, which has been entrenched in many international and regional treaties and national constitutions. Nevertheless, practice shows that many obstacles impede easy access to quality education for refugees. Overall, the material effects of international human rights legislation on improving (irregular) migrants’ access to social rights in the European countries have remained limited due to the lack of guarantees on effective incorporation in the municipal legal order and due to the lack of effective enforcement mechanisms. After the recent refugee crisis in Europe, this issue has grown in importance. The presentation aims to give a brief overview of the most important issues impeding the effective enforceability of the right to education for refugees. I. Do refugees fall within the scope of application of the relevant human rights treaties and to which extent can they invoke human rights treaties in domestic courts to set aside domestic legislation? II. How is the justiciability of the right to education organized in those treaties? III. What is the legal answer to questions raised in practice when dealing with the influx of refugees in Europe: (i) can refugees be placed in separate schools or classes until they can follow the regular curriculum?; (ii) can higher school fees be asked from pupils without legal documents?; (iii) do refugees have a right to be taught in their own native language until they learn to speak the national language? To answer the above questions, the doctrinal and comparative legal method will be used. The normative framework, as interpreted within Europe, will be distilled from the recent and relevant international treaties and European law instruments (in particular the Convention on the Rights of the Child, the European Convention on human rights, the European Social Charter and the International Covenant on Economic, Social and Cultural Rights) and their underlying policy documents, the legal literature, the (limited) European jurisprudence, and the general comments to those treaties. The article is mainly descriptive in nature. Its aim is to serve as a summary of the legal provisions, case law and legal literature on the topic of the right to education for refugees. The research shows that the reasons for the delicate enforceability of the rights to and the rights in education are multifold. The research will categorize the different contributing factors under the following headings: (i) problems related to the justiciability of international law as such; (ii) problems specifically related to the educational field; (iii) problems related to policy issues in the refugee debate. By categorizing the reasons contributing to the difficult enforceability of the right to education and the rights in education for refugees, this research hopes to facilitate the search for solutions to this delicate problem.

Keywords: right to education, refugees, discrimination, enforceability of human rights

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Authors: Emre Bayamlıoğlu

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This paper aims to provide an account of the legal and the regulative aspects of the algorithmic reputation systems with a special emphasis on the sharing economy (i.e., Uber, Airbnb, Lyft) business model. The first section starts with an analysis of the legal and commercial nature of the tripartite relationship among the parties, namely, the host platform, individual sharers/service providers and the consumers/users. The section further examines to what extent an algorithmic system of reputational information could serve as an alternative to legal regulation. Shortcomings are explained and analyzed with specific examples from Airbnb Platform which is a pioneering success in the sharing economy. The following section focuses on the issue of governance and control of the reputational information. The section first analyzes the legal consequences of algorithmic filtering systems to detect undesired comments and how a delicate balance could be struck between the competing interests such as freedom of speech, privacy and the integrity of the commercial reputation. The third section deals with the problem of manipulation by users. Indeed many sharing economy businesses employ certain techniques of data mining and natural language processing to verify consistency of the feedback. Software agents referred as "bots" are employed by the users to "produce" fake reputation values. Such automated techniques are deceptive with significant negative effects for undermining the trust upon which the reputational system is built. The third section is devoted to explore the concerns with regard to data mobility, data ownership, and the privacy. Reputational information provided by the consumers in the form of textual comment may be regarded as a writing which is eligible to copyright protection. Algorithmic reputational systems also contain personal data pertaining both the individual entrepreneurs and the consumers. The final section starts with an overview of the notion of reputation as a communitarian and collective form of referential trust and further provides an evaluation of the above legal arguments from the perspective of public interest in the integrity of reputational information. The paper concludes with certain guidelines and design principles for algorithmic reputation systems, to address the above raised legal implications.

Keywords: sharing economy, design principles of algorithmic regulation, reputational systems, personal data protection, privacy

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Authors: Ghazi Abdul Rehman Qasmi

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Islam is the preacher and torch-bearer of unity and solidarity. All the followers of Islam are advised to be united. Islam strongly condemns those elements which disunite the unity of Muslim Ummah. Like pearls in a rosary, Islam has united the Muslims from all over the world in the wreath of unity and forbade the Muslims to avoid separation and to be disintegrated. The aspect of unity is prominent in all divine injunctions and about worship. By offering five times obligatory congregational prayers, passion of mutual love and affection is increased and on the auspicious days like Friday, Eid-ul-fiter and Eid-ul-azha, majority of the Muslims come together at central places to offer these congregational prayers. Thus unity and harmony among the Muslims can be seen. Similarly the Muslim pilgrims from all over the world eliminate all kind of worldly discrimination to perform many rituals of pilgrimage while wearing white color cloth as a dress. Pilgrimage is a demonstration of Islamic strength. When the Muslims from all over the world perform the same activities together and they offer their prayers under the leadership of one leader (IMAM). Muslims come together on the occasion of pilgrimage to perform Tawaf (seven circuits,first three circuits at a hurried pace(Rammal) and followed by four times, more closely, at a leisurely pace, round the Holy Kaabah to perform circumambulation known as Tawaf in religious terminology,Saee(running or walking briskly seven times between two small hills Safa&Marwa), Ramy-al-jamarat (throwing pebbles at the stone pillars, symbolizing the devil). In this way dignity and sublimity of Islam is increased and unity and integrity of Muslim Ummah is promoted also. By studying the life history of Hazrat Muhammad (P.B.U.H) we come to know that our Holy Prophet (P.B.U.H) has put emphasis on unity and integrity. We have to follow the Islamic teachings to create awareness among the members of Muslim Ummah. In the light of the Holy Quran and Sunnah, we have to utilize all the sources and potential for this noble cause.

Keywords: unity, Ummah, sources, Islamic teaching

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Authors: Saugata Bose, Ritambhra Korpal

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The internet has increased the copy-paste scenarios amongst students as well as amongst researchers leading to different levels of plagiarized documents. For this reason, much of research is focused on for detecting plagiarism automatically. In this paper, an initiative is discussed where Natural Language Processing (NLP) techniques as well as supervised machine learning algorithms have been combined to detect plagiarized texts. Here, the major emphasis is on to construct a framework which detects external plagiarism from monolingual texts successfully. For successfully detecting the plagiarism, n-gram frequency comparison approach has been implemented to construct the model framework. The framework is based on 120 characteristics which have been extracted during pre-processing the documents using NLP approach. Afterwards, filter metrics has been applied to select most relevant characteristics and then supervised classification learning algorithm has been used to classify the documents in four levels of plagiarism. Confusion matrix was built to estimate the false positives and false negatives. Our plagiarism framework achieved a very high the accuracy score.

Keywords: lexical matching, shallow NLP, supervised machine learning algorithm, word n-gram

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Authors: W. R. M. Shehani Shanika

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Selling goods and services using images, names and personalities of celebrities has become a common marketing strategy identified in modern physical and online markets. Two concepts called globalization and open economy have given numerous reasons to develop businesses to earn higher profits. Therefore, global market plus domestic markets in various countries have vigorously endorsing images of famous sport stars, film stars, singing stars and cartoon characters for the purpose of increasing demand for goods and services rendered by them. It has been evident that these trade strategies have become a threat to famous personalities in financially and personally. Right to the image is a basic human right which celebrities owned to avoid themselves from various commercial exploitations. In this respect, this paper aims to assess whether the law relating to character merchandising satisfactorily protects right to image of celebrities. However, celebrities can decide how much they receive for each representation to the general public. Simply they have exclusive right to decide monetary value for their image. But most commonly every country uses law relating to unfair competition to regulate matters arise thereof. Legal norms in unfair competition are not enough to protect image of celebrities. Therefore, celebrities must be able to avoid unauthorized use of their images for commercial purposes by fraudulent traders and getting unjustly enriched, as their images have economic value. They have the right for use their image for any commercial purpose and earn profits. Therefore it is high time to recognize right to image as a new dimension to be protected in the legal framework of character merchandising. Unfortunately, to the author’s best knowledge there are no any uniform, single international standard which recognizes right to the image of celebrities in the context of character merchandising. The paper identifies it as a controversial legal barrier faced by celebrities in the rapidly evolving marketplace. Finally, this library-based research concludes with proposals to ensure the right to image more broadly in the legal context of character merchandising.

Keywords: brand endorsement, celebrity, character merchandising, intellectual property rights, right to image, unfair competition

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Authors: Majed Aldusaimani

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Introduction: The researcher aims to verify the extent of the criminal investigator's commitment to the Islamic morals set out in the Holy Quran, their application in his work, and to understand the point of view of police officers, clerks and suspects regarding the investigator's commitment to moral and ethics in practice. Research question: Are the criminal investigators at the Bureau of Investigation and Public Prosecution in the Kingdom of Saudi Arabia committed to the application of the practical morals set out in the Holy Quran in the view of the police officers, clerks and suspects with whom they work? Objectives of the study: 1. Identifying the standing of morality in Islam. 2. Identifying the practical morals outlined in the Holy Quran. 3. Identifying the most important practical morals in the Holy Quran that must be met by the criminal investigator from the viewpoint of the investigator himself. 4. Identifying the criminal investigator's commitment to the practical morals set out in the Holy Quran as perceived from the perspectives of police officers, clerks and suspects. Methodology: This study will use a descriptive methodology through quantitative and qualitative analysis of the data from respondents, who will be asked to answer questions about the extent of the commitment to the practical morals set out in the Holy Quran of the criminal investigators at the Bureau of Investigation and Public Prosecution that they have encountered.

Keywords: Islamic, investigator, Morals, Quran

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Authors: Shubhangi Roy

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Relational Contracts (informal understandings not enforceable by law) are a common feature of most economies. However, their dominance is higher in developing countries. Such informality of economic sectors is often co-related to lower economic growth. The aim of this paper is to investigate whether informal arrangements i.e. relational contracts are a cause or symptom of lower levels of economic and/or institutional development. The methodology followed involves an initial survey of 150 test subjects in Northern India. The subjects are all members of occupations where they frequently transact ensuring uniformity in transaction volume. However, the subjects are from varied socio-economic backgrounds to ensure sufficient variance in transaction values allowing us to understand the relationship between the amount of money involved to the method of transaction used, if any. Questions asked are quantitative and qualitative with an aim to observe both the behavior and motivation behind such behavior. An overarching similarity observed during the survey across all subjects’ responses is that in an economy like India with pervasive corruption and delayed litigation, economy participants have created alternative social sanctions to deal with non-performers. In a society that functions predominantly on caste, class and gender classifications, these sanctions could, in fact, be more cumbersome for a potential rule-breaker than the legal ramifications. It, therefore, is a symptom of weak formal regulatory enforcement and dispute settlement mechanism. Additionally, the study bifurcates such informal arrangements into two separate systems - a) when it exists in addition to and augments a legal framework creating an efficient socio-legal equilibrium or; b) in conflict with the legal system in place. This categorization is an important step in regulating informal arrangements. Instead of considering the entire gamut of such arrangements as counter-development, it helps decision-makers understand when to dismantle (latter) and when to pivot around existing informal systems (former). The paper hypothesizes that those social arrangements that support the formal legal frameworks allow for cheaper enforcement of regulations with lower enforcement costs burden on the state mechanism. On the other hand, norms which contradict legal rules will undermine the formal framework. Law infringement, in presence of these norms, will have no impact on the reputation of the business or individual outside of the punishment imposed under the law. It is especially exacerbated in the Indian legal system where enforcement of penalties for non-performance of contracts is low. In such a situation, the social norm will be adhered to more strictly by the individuals rather than the legal norms. This greatly undermines the role of regulations. The paper concludes with recommendations that allow policy-makers and legal systems to encourage the former category of informal arrangements while discouraging norms that undermine legitimate policy objectives. Through this investigation, we will be able to expand our understanding of tools of market development beyond regulations. This will allow academics and policymakers to harness social norms for less disruptive and more lasting growth.

Keywords: distribution of income, emerging economies, relational contracts, sample survey, social norms

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Authors: Siti Ayu Ningsih

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This study aims to find the differences outcomes in learning reading comprehension with text and film as media on Indonesian Language for foreign speaker (BIPA) learning at intermediate level. By using quantitative and qualitative research methods, the respondent of this study is a single respondent from D'Royal Morocco Integrative Islamic School in grade nine from secondary level. Quantitative method used to calculate the learning outcomes that have been given the appropriate action cycle, whereas qualitative method used to translate the findings derived from quantitative methods to be described. The technique used in this study is the observation techniques and testing work. Based on the research, it is known that the use of the text media is more effective than the film for intermediate level of Indonesian Language for foreign speaker learner. This is because, when using film the learner does not have enough time to take note the difficult vocabulary and don't have enough time to look for the meaning of the vocabulary from the dictionary. While the use of media texts shows the better effectiveness because it does not require additional time to take note the difficult words. For the words that are difficult or strange, the learner can immediately find its meaning from the dictionary. The presence of the text is also very helpful for Indonesian Language for foreign speaker learner to find the answers according to the questions more easily. By matching the vocabulary of the question into the text references.

Keywords: Indonesian language for foreign speaker, learning outcome, media, reading comprehension

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Authors: Nazlı Üstünes Demirhan

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International norms are subject to pressures of change through contestation during the course of their lifetimes. The nature of the contestation is one of the factors that are likely to have a determinative role in the direction of this change towards a stronger or weaker norm. This paper aims to understand the relation between the legality of contestation and the direction of change in norm strength. Based on a multidimensional norm strength conceptualization, it is hypothesized that use of legal logic and rhetoric of argumentation would have a positive influence for norm strength, whereas non-legal nature of contestation would lack this and weaken the norm. In order to show this, the evolution of the human protection norm between 1999 and 2018 will be examined with reference to two major contestation periods; Kosovo intervention of 1999, which led to the development of R2P doctrine, and Libya intervention of 2011, which is followed by the demise of the norm. The comparative analysis will be conducted through process tracing method with a document analysis on the Security Council meeting minutes, resolutions, and press releases. This study aims to contribute to the norm contestation literature with the introduction of legal process analysis. It also relates to further questions in IR/IL nexus, relating to the value added of norm legality as well as the politics of legalization.

Keywords: humanitarian intervention, legality, norm contestation, norm dynamics, norm strength, responsibility to protect

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Authors: Wipada Prasansaph

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The aim of this research is twofold: to develop a local literature (simplified English translation version) reading booklet for Thai primary school children (the fourth graders) and to encourage the love of reading in English by reading local literature. An excerpt from Thai literature namely Phra-apaimani, the reading requirement for Primary 4 was selected to be translated into English in simplified language with cartoon pictures to illustrate the key happenings of the story. After the first draft of the booklet development, the samples of the booklets were distributed to 3 educator experts to call for validity and comments on 1) the appropriateness of the English language, 2) the organization of the booklet, 3) the comprehension of the story, and 4) the relevance to the core curriculum of Basic Education of Thailand (B.E.2551). The IOC (Index of Item – Objective Congruence) was 0.9 indicated that the material is applicable (with some comments and suggestions). After the first amendment, the booklets were distributed to 30 fourth graders (in 3 schools – 10 in each school), 10 English teachers of Primary 4, and 10 educational supervisors for English subjects (in primary level) to call for comments on 1) the comprehension of the story 2) the organization of the booklet, and 3) the encouragement for the love of reading in English. The English reading booklet on Phra-apaimani for Thai primary children, the IOC questionnaire (with the open-ended questions) for the educator experts, and the rating scales for the students, the teachers, and the educational supervisors were used as the instruments of the research. The findings revealed that most students rated ‘positive’ level for the comprehension of the story, while the teachers and the educational supervisors rated ‘highly positive’. The 3 groups rated ‘highly positive’ for both the organization of the booklet and for the encouragement for the love of reading in English. It is recommended that there should be more production of English reading texts for children, especially the texts that children already have some background knowledge. Moreover, illustration is the most crucial part for the children’s reading texts.

Keywords: English language, reading skill, primary children, Thai literature

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Authors: Michael Sunday Afolayan

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This research work examined the challenges bedevilling the development of legal framework for electronic commercial transactions (e-commerce) in Nigeria. Nigeria does not have a clear-cut legislation regulating electronic commerce in its jurisdiction despite the geometrical rate of growth and adoption of this method of trade. It specifically posed a great challenge looking at taxation, evidential and jurisdictional issues in e-commerce in Nigeria. The author in a broader research work which is abridged here, traced the origin and development of e-commerce and the attendant laws applicable in Nigeria, examining their sufficiency or otherwise. In carrying out the research work, doctrinal mode of legal research was adopted, examining both primary and secondary sources of legal research materials within their contextual meanings. It was found that the failure to enact a law which has direct regulatory bearing on e-commerce in Nigeria has led to adoption and application of circumstantial laws, rules and common law principles to tackle the problems arising out of electronic commercial transactions, especially in the areas of taxation, evidential and jurisdictional challenges. It was ultimately suggested that there is urgent need to sign into law, the Electronic Transaction Bill which had already been passed by the National Assembly since 2017.

Keywords: e-commerce, legislation, taxation, evidential, jurisdiction

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Authors: Muhammad Hamza Tariq

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The regrouping of the Islamists and the politics of religious education was the most common debate in the last decades of Turkish history. Religious schools were criticized to be influenced by partisan politics. Within this turmoil, the faculty of Ilahiyat which was established by the Republic to cherish Islamic modernism and to raise modern clergy also underwent a considerable change. This research studies the revisions in the curriculum of the faculty over the last few decades. A series of interviews were also conducted to observe the prevalent trends, especially modernist among the professors at the Ilahiyat faculties. Lastly, a survey was done among the freshman and final year students based on the similar questions to observe the changes of opinions with regards to their views on Islam, modernity, political Islam, interpretation, etc. A shift in the curriculum was noted though it cannot be overgeneralized whereas a degree of prevalence of modernist thoughts was also recorded among the teachers and the students.

Keywords: ilahiyat, divinity, religion, Islamization

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Authors: Madhura Bandyopadhyay

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Teaching writing within multicultural and multiethnic communities poses many unique challenges not the least of which is that of intercultural communication. When the writing is in English, pedagogical imperatives often encounter the universalizing tendencies of standardization of both language use and structural parameters which are often at odds with maintaining local practices which preserve cultural pluralism. English often becomes the contact zone within which individual identities of students play out against the standardization imperatives of the larger world. Writing classes can serve as places which become instruments of assimilation of ethnic minorities to a larger globalizing or nationalistic agenda. Hence, for those outside of the standard practices of writing English, adaptability towards a mastery of those practices valued as standard become the focus of teaching taking away from diversity of local English use and other modes of critical thinking. In a very multicultural and multiethnic context such as the US or Singapore, these dynamics become very important. This paper will argue that multiethnic writing classrooms can greatly benefit from taking up a cultural studies approach whereby the students’ lived environments and experiences are analyzed as cultural texts to produce writing. Such an approach eliminates limitations of using both literary texts as foci of discussion as in traditional approaches to teaching writing and the current trend in teaching composition without using texts at all. By bringing in students’ lived experiences into the classroom and analyzing them as cultural compositions stressing the ability to communicate across cultures, cultural competency is valued rather than adaptability while privileging pluralistic experiences as valuable even as universal shared experience are found. Specifically, while teaching writing in English in a multicultural classroom, a cultural studies approach makes both teacher and student aware of the diversity of the English language as it exists in our global context in the students’ experience while making space for diversity in critical thinking, structure and organization of writing effective in an intercultural context.

Keywords: English, multicultural, teaching, writing

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Authors: M. Joris, O. Agirdag

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For over two decades, calls for citizenship education (CE) have been rising to the top of educational policy agendas in Europe. The main motive for the current treatment of CE as a key topic is a sense of crisis: social and political threats that go beyond the reach of nations and require action at the international and European level. On the one hand, this context has triggered abundant attention to the promotion of citizenship through education. On the other hand, the ubiquity of citizenship and education in policy language is paired with a self-evident manner of using the concepts: the more we call for citizenship in and through education, the less the concepts seem to be made explicit or be defined. Research and reflection on the normativity of the concepts of citizenship and CE in Europe are scarce. Departing from the idea that policies are always normative, this study, therefore, investigates the normativity of the current concepts of citizenship and education, in ’key’ European CE policy texts. The study consists of a content analysis of these texts, based on a normative framework developed around the different dimensions of citizenship as status, identity, virtues and agency. The framework also describes the purposes of education and its learning processes, content and practices, based on the assumption that good education always includes, next to qualification and socialisation, a purpose of emancipation: of helping young people become autonomous and independent subjects. The analysis shows how contemporary European citizenship is conceptualised around the dimension of competences. This focus on competences is also visible in the normative framing of education and its relationship to citizenship in the texts: CE should help young people learn how to become good citizens by acquiring a toolkit of competences, consisting of knowledge, skills, values and attitudes that can be predetermined, measured and evaluated. This ideal of citizenship-as-competence entails a focus on the educational purposes of socialisation and qualification. Current policy texts thus seem to leave out the educational purpose of emancipating young people, allowing them to take on citizenship as something to which they can determine their own relation and position. It is, however, this purpose of CE that seems increasingly important in our current context. Young people are stepping out of school and onto the streets by the thousands in Belgium and throughout Europe, protesting for more and better environmental policies. They are making use of existing modes of citizenship, exactly to indicate to policymakers how these are falling short and are claiming their right and entitlement to a future that established practices of politics are putting at risk. The importance of citizenship education might then lie, now more than ever, not in the fact that it would prepare young people for competent citizenship, but in offering them a possibility, an emancipatory experience of being able to do something new. It seems that this is what we might want to expect from the school if we want it to educate our truly future citizens.

Keywords: citizenship education, normativity, policy, purposes of education

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Authors: Tecla Rita Karendi, Andy Cons Matata

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Although before and at the advent of colonial administration, several women such as Mekatilili wa Menza and Muthoni Nyanjiru took up leadership positions in resisting the colonial administration. Kenya is generally considered a patriarchal society. Many women who tried to take up positions of leadership in postcolonial Kenya, such as the Nobel Prize winner Wangari Maathai, were branded as prostitutes or generally immoral women. However, the Constitution of Kenya, 2010, has since made a huge impact not only in the area of affirmative action but also in various aspects of the feminist legal theory such as the constitutional requirement that no more than two-thirds of the members of the elective or appointive bodies should be of the same gender. This favours women who are often sidelined in elective posts such as parliament or county assemblies and state-appointed posts in the parastatals and commissions. The constitution also recognizes the right to abortion, which was outrightly outlawed in the independence constitution. Certain practices adverse to women’s health, such as wife inheritance, female genital mutilation, and property rights, are either outlawed or framed to recognized women’s rights. The education of the girl-child is also now considered a priority, unlike in the past. Despite these developments, a lot remains to be done.

Keywords: feminist legal theory, constitution of Kenya, 2010, affirmative action, leadership

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Authors: Siti Dewi Aisyah

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The rise of the Internet in the late twentieth century rapidly gains information and understands the world through screens. The digital way of communication through the Internet becomes an ordinary daily pattern. In the digital era, Fashion has been tremendously shared on social media platform especially because of the emergence of #OOTD (Outfit of the Day). Fashion cannot survive without the media. The media have played a vital role in shaping fashion into the complex cultural phenomenon it has become, and fashion has become an intrinsic part of today’s visual culture, and vice versa. Islamic Muslim Fashion has become a trend in Indonesia. It is said that social media has a huge impact in its development. Indonesia is ranked among the most users of social media. That is why people who wear hijab also use social media for different purposes, one of this is to introduce hijab fashion. Consequently, they are becoming famous in social media. Social media has become a tool for communicating their beliefs as a Muslim as well as personal branding as a good hijabi yet with a fashionable style. This study will examine how social media especially Blog and Instagram can lead the movement of Islamic Modest Fashion in Indonesia, how it triggers the consumer culture to hijabi, how they visualize their style in their social media. This research had been conducted through in-depth interviews with several bloggers who created Hijabers Community who have made a new trend in Islamic fashion and also Instagrammers who made their feeds as a style inspiration. This research is based on empirical research with qualitative methods (text and picture analysis). The methodology used for this research is by analyzing Blog and Instagram through visual analysis on the social media especially about the Islamic Modest Fashion trend. This research also contains a literature review of a diverse group of works on topics related to the study. This research will be examined through several theoretical frameworks including the study of social media, visual analysis and consumer culture. Fashion and consumer culture are also two main topics because fashion furthermore leads to consumer culture. The benefit of this research is for gaining the insight how social media can visualize the trend in hijab fashion style of Indonesian people.

Keywords: blog, consumer culture, hijab fashion, instagram, style, visual analysis

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Authors: Mariel Encar H. Uy, Paula Marie G. Pacle

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The purpose of this research is to present a Single Country Comparative Contextual Description Study of Strong Islamic Influences in Relation to the Politics of Republic of Indonesia. This paper recognizes that even the coalition of secular and moderate Islamic parties protect the minority rights of all the constituents, Islam is still the dominant religion among the other recognized religions in Indonesia (Christianity, Hinduism and Buddhism). In this study, it will also detail the involvement on the religions’ beliefs and techniques; participation of political actors, depending on what religion they belong and adhere to; the tensions whenever the government interferes with Islamists and other religions; the government’s solution or public policies implemented to maintain peace and order of Indonesia. This paper will develop a conceptual framework to describe how the Religion and Political Stability is interdependent with each other.

Keywords: diversity of religion in indonesia, secularization in Indonesia, motivations of political actors, voter turnouts based on religion

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Authors: Pouira Askary

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Indeed, in our globalized world which is facing with various international crises, the transnational corporations and other business enterprises have the capacity to foster economic well-being, development, technological improvement and wealth, as well as causing adverse impacts on human rights. The UN Human Rights Council declared that although the primary responsibility to protect human rights lie with the State but the transnational corporations and other business enterprises have also a responsibility to respect and protect human rights in the framework of corporate social responsibility. In 2011, the Human Rights Council endorsed the Guiding Principles on Business and Human Rights, a set of guidelines that define the key duties and responsibilities of States and business enterprises with regard to business-related human rights abuses. In UN’s view, the Guiding Principles do not create new legal obligations but constitute a clarification of the implications of existing standards, including under international human rights law. In 2014 the UN Human Rights Council decided to establish a working group on transnational corporations and other business enterprises whose mandate shall be to elaborate an international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises. Extremely difficult task for the working group to codify a legally binding document to regulate the behavior of corporations on the basis of the norms of international law! Concentration of this paper is on the origins of those human rights applicable on business enterprises. The research will discuss that the social and ethical roots of the CSR are much more institutionalized and elaborated than the legal roots. Therefore, the first step is to determine whether and to what extent corporations, do have an ethical responsibility to respect human rights and if so, by which means this ethical and social responsibility is convertible to legal commitments.

Keywords: CSR, ethics, international law, human rights, development, sustainable business

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