principles of justice
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2021 ◽  
Author(s):  
Fiskiatul Ula ◽  
Rachmad Risqy Kurniawan

Abstract In this article, we will discuss the commands and prohibitions in transacting with conventional banks and their impact on the growth of Islamic banking. In the Qur'an, it has been explained that Muslims are prohibited from doing usury and it is God's rule to leave his servants in the transaction of usury and don't even approach him. Therefore, Islamic banks are banks that have securities that carry out business activities based on sharia principles, or Islamic legal principles regulated in the fatwa of the Indonesian ulema Council such as the principles of justice and balance, benefit, universalism, and do not contain gharar, maysir, usury, tyranny and unlawful object. While conventional banks are banks that carry out conventional business activities which in their activities provide services in payment traffic based on established procedures and provisions.Abstrak Dalam artikel ini akan membahas tentang perintah dan larangan dalam bertransaksi dengan bank konvensional dan dampaknya terhadap pertumbuhan perbankan syariah. Dalam Al-quran sudah dijelaskan bahwasanya umat muslim dilarang melakukan riba dan itu sudah peraturan Allah untuk meninggalkan hambanya dalam bertransaksi riba bahkan jangan sampai mendekatinya. Maka dari itulah Bank syariah merupakan bank yang memepunyai efek yang menjalankan kegiatan usaha berdasarkan prinsip syariah, atau prinsip hukum islam yang diatur dalam fatwa Majelis Ulama Indonesia seperti prinsip keadilan dan keseimbangan, kemaslahatan, universalisme, serta tidak mengandung gharar, maysir, riba, zalim dan obyek yang haram. Sedangkan bank konvensional yaitu bank yang melaksanakan kegiatan usaha secara konvensional yang mana dalam kegiatannya memberikan jasa dalam lalu lintas pembayaran berdasarkan prosedur dan ketentuan yang telah ditetapkan.


Author(s):  
Tamyres Tomaz Paiva ◽  
Cicero Roberto Pereira

The application of the principles of justice is restricted in romantic relationships, contributing to the acceptance of violence against women. The objective was to analyze whether the perception of university students about the scope of justice will be the element that justifies the acceptance of violence against women. 305 university students participated. The results showed that the most sexist people, who also believe that the world is a fair place, are the ones that restrict the scope of justice application the most, that is, they perceive marriage as being excluded from that scope. Therefore, this study adds important data in studies on the role of the social context in legitimizing social inequalities.


2021 ◽  
pp. 097152152110567
Author(s):  
Vijay P Singh

In India, as in different traditional cultures, women have been and still are treated in a number of inhumane ways. They are controlled, prone to assault and abuse and risk rape not only outside but within their own homes. Moreover, marital rape is not considered a crime in India. The article attempts to analyse Indian rape laws and to show that exemption for marital rape does not align with the fundamental principles of justice and equality, which is the basic feature of the Indian Constitution. The article argues that the exemption clause should be repealed, and marital rape be criminalised. The article further discusses the approach of the Indian judiciary towards the issue of criminalisation of marital rape.


2021 ◽  
Vol 30 ◽  
pp. 120-127
Author(s):  
Tatiana Callo ◽  

Currently, in the socio-cultural system, as well as in the educational one, some ideologies based on merit are elaborated: the ideology of selection, of a liberal nature, and the ideology of the refusal of selection, of a democratic nature. Discussions on meritology are part of socio-cultural issues and are seen as a symptom of democratization and equalization of opportunities for socio-cultural ascension. The essence of the ideal of meritology is that if everyone has equal chances, then the winners deserve their success. In the modern school, everything must be articulated in the basis of equality and merit. Meritocracy and meritology are principles of justice. The main concern of meritology involves a series of beliefs: belief in education and in justice, and as a result, in non-discrimination. Meritology provides the chance for the student to demonstrate his abilities. Today, the school faces a series of problems that it must face from a socio-cultural perspective. When we talk about equal opportunities for all students, this does not mean that everyone is equal, but that they can strive and compete in all social positions based on equal opportunities. Merit selection and acceptance of merit-based inequality presupposes, in fact, a real equality of opportunity.


2021 ◽  
Vol 4 (4) ◽  
pp. 114
Author(s):  
Wenlin Feng

Since China’s reform and opening up, from the Third Plenary Session of the 14th Central Committee of the Communist Party of China that put forward "efficiency first and fairness" to the 18th National Congress of the Communist Party of China, "first distribution and redistribution must deal with the relationship between fairness and efficiency, and redistribution pays more attention to fairness" Distribution policy, in 2021, the tenth meeting of the Central Finance and Economics Committee clearly stated that it is necessary to promote common prosperity in stages. The relationship between fairness and efficiency has always been the basic principle and standard for the country to formulate policies, and it is also the core issue discussed by scholars. Both utilitarianism and Rawls' two principles of justice provide us with different perspectives to explore the relationship between fairness and efficiency. This article focuses on Rawls's critique of utilitarianism and the specific content of the two justice principles, and makes a simple discussion on the relationship between fairness and efficiency and its enlightenment on the formulation of distribution policies in our country.


2021 ◽  
Vol 5 (1) ◽  
pp. 129-140
Author(s):  
Zulfa Nabillatu Rozhania ◽  
Kholil Nawawi ◽  
Syarifah Gustiawati

In Islamic economy, the market has important values, because it must have morality or ethics which is one of the responsibilities of every economic agents. Ethics in business must be realized personally which aims for every business person who trades to seek the maximum profit, in Islamic trade it is not just looking for a profit but looking for a blessing. This research explains how the application of Islamic business ethics in marketing Muslim clothing at Almeera Moslem Store Bogor and how the concept of Islamic marketing in Muslim business at Almeera Moslem Store Bogor. This research uses a descriptive qualitative approach, which means to describe some information in the field with data collection techniques used in this study in the form of interviews, and documentation.  The results of this study indicate that the application of Islamic business ethics in the marketing practice of Muslim clothing at Almeera Muslim Store Bogor has fully implemented the principles of justice, the principle of justice, the principle of free will, the principle of responsibility, and the principle of truth.  In the implementation of the marketing concept at the Almeera Moslem Store Bogor in the form of product marketing, prices, and transactions, but there is one thing, namely product satisfaction which is a problem for which there is no solution.  The general solution is to negotiate. Almeera Moslem Store Bogor is always friendly and courteous to consumers in service and marketing as has been implemented in Islamic law.  


2021 ◽  
Author(s):  
◽  
Andrew Ivory

<p>This thesis makes an innovative argument for global justice by exploring neglected areas of Rawlsian theory, and using New Zealand as a case study. An enquiry into the Rawlsian view of domestic justice is included because it acts as a basis for Rawlsian global justice.  In giving its view of global justice, the thesis argues for a global difference principle focused on persons. This argument includes an exploration of a neglected aspect of the principle; how it is constrained by the duty of assistance and the just savings principle. The thesis will also show that the global difference principle makes demands on developed nations because they can help realize the principle by improving conditions in developing nations by using Official Development Assistance (ODA). It is also likely that developed nations can improve conditions in the developing world by using the international factor of trade. However, rather than just focusing on this factor, the thesis reasons it is best to use this factor in tandem with ODA. The thesis also shows that developed nations should provide ODA by demonstrating how the numerous pledges made by developed nations over the years regarding ODA amount to promises, and that promises have moral significance.  Before moving on to discuss New Zealand’s ODA programme, the thesis examines one of Rawls’s international principles of justice, the freedom and independence of peoples principle, and how it applies to New Zealand. In making an argument for the principle, the thesis shows how the principle can fit into a global justice framework, and adds to the literature by showing how the principle should treat small polities. The thesis also assesses how New Zealand’s history of colonialism has and has not respected the principle. This history also affects New Zealand’s ODA programme, so much so that one can be justified in describing this programme as being a relic of this history. This programme will be the subject of the final topic-based chapter. Previous assessments of the programme have been done with no, or a limited, normative framework. By this point a detailed Rawlsian normative framework, along with a picture of ODA’s efficacy, is in place, and is used to analyse the programme. This analysis includes the policy recommendations of monetarily enlarging the programme, focusing the programme on the globally least advantaged, and giving more of the programme’s funds to multilateral agencies.</p>


2021 ◽  
Author(s):  
◽  
Andrew Ivory

<p>This thesis makes an innovative argument for global justice by exploring neglected areas of Rawlsian theory, and using New Zealand as a case study. An enquiry into the Rawlsian view of domestic justice is included because it acts as a basis for Rawlsian global justice.  In giving its view of global justice, the thesis argues for a global difference principle focused on persons. This argument includes an exploration of a neglected aspect of the principle; how it is constrained by the duty of assistance and the just savings principle. The thesis will also show that the global difference principle makes demands on developed nations because they can help realize the principle by improving conditions in developing nations by using Official Development Assistance (ODA). It is also likely that developed nations can improve conditions in the developing world by using the international factor of trade. However, rather than just focusing on this factor, the thesis reasons it is best to use this factor in tandem with ODA. The thesis also shows that developed nations should provide ODA by demonstrating how the numerous pledges made by developed nations over the years regarding ODA amount to promises, and that promises have moral significance.  Before moving on to discuss New Zealand’s ODA programme, the thesis examines one of Rawls’s international principles of justice, the freedom and independence of peoples principle, and how it applies to New Zealand. In making an argument for the principle, the thesis shows how the principle can fit into a global justice framework, and adds to the literature by showing how the principle should treat small polities. The thesis also assesses how New Zealand’s history of colonialism has and has not respected the principle. This history also affects New Zealand’s ODA programme, so much so that one can be justified in describing this programme as being a relic of this history. This programme will be the subject of the final topic-based chapter. Previous assessments of the programme have been done with no, or a limited, normative framework. By this point a detailed Rawlsian normative framework, along with a picture of ODA’s efficacy, is in place, and is used to analyse the programme. This analysis includes the policy recommendations of monetarily enlarging the programme, focusing the programme on the globally least advantaged, and giving more of the programme’s funds to multilateral agencies.</p>


2021 ◽  
Vol 2 (2) ◽  
pp. 52-64
Author(s):  
Muannif Ridwan ◽  
Hasbi Umar ◽  
Hermanto Harun

The principles of Human Rights are the goals of Islamic shari'a or maqashid al-shari'ah (the philosophy of Islamic law) which has been formulated by al-Ghazali and perfected by as-Syatibi. These principles are summarized in al-dlaruriyah al-khamsah or also called al-huquq al-insaniyah fi al-Islam (human rights in Islam). This concept consists of five basic principles that must be maintained and respected by every individual; Hifzhu al-Din (respect for religious freedom), Hifzhu al-Mal (respect for property), Hifzhu al-Nafs wa al-'Irdl (respect for life, right to life and individual honor), Hifzhu al-'Aql (respect for freedom of thought), and Hifzhu al-Nasl (respect for keeping offspring).This research is examined using a juridical-normative and socio-legal and historical approach. The principles of human rights in the Medina Charter consist of: the principles of justice, equality, freedom of religion, piety, and commanding good and evil. Iimplementation of human rights values ​​in The Medina Charter in Indonesia, the author summarizes it into three areas of life; religion, nation and state consisting of:the field of religious harmony, the field of law and constitution enforcement and the field of socio-political life and the development of the political system. Among the authors' findings, the Medina Charter contains ideas that have strong relevance to the developments and desires of today's world community, especially for Indonesia. The ideas in the Medina Constitution were also absorbed by the founding figures of the Indonesian nation, which can be seen in the Jakarta Charter which later gave birth to Pancasila. The contents of the Medina Charter and Pancasila have in common as a sentence of sawa'  (meeting point) diversity or a noble agreement that is constructive, loves, and defends Indonesia, as well as the Medina Charter.


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