This study aims to identify the premise and types of legal protection for trademark rights, comparing Islamic and positive law to explore their roles in safeguarding these rights. Information technology, while aligned with business advancements, can create loopholes for mark violations Irresponsible acts such as brand piracy pose a significant threat to brand proprietors, making trademark rights a major source of civil disputes and illegal acts. This study conducts a comparative analysis of legal literature, focusing on books about Trademark Rights as the primary data source. Data were collected, analyzed, categorized, and conclusions are drawn. The findings showed two forms of legal protection for trademark, which included preventive and coercive. Preventive measures involve government or institutional warnings and restrictions on obligations, while coercive aspects impose penalties on counterfeiters. In Islamic law, forgery is considered the prohibited action of tazyīf, resulting in the infringement of rights of others.
This paper elaborates in depth on the position of maqasid al-syari'ah towards minority fiqh. This research is a library research, descriptive in nature. This research uses normative (syar'i) and sociological theological approaches. Primary data sources are data obtained through literature studies with primary data taken from the Koran, hadith, jurisprudence books, books that study minority fiqh or others that are related to this research. The results showed that the position of maqasid al-syari ah is the foundation and foundation for the concept of minority fiqh. The format of the rules of maqasid al-syari'ah contained in minority jurisprudence, namely: First: al-taysir waraf' al-haraj (eases and raises difficulties). Second: tagayyur al-fatwa is a change in fatwa. Third: tanzil al-hajah manzilah aL-darurat (Needs occupy an emergency). Fourth: 'Urf or customs in society. Fifth: Annazru ila al-Ma'alat (seeing the legal consequences). Sixth: The congregation as a judge.
Indeed, the dimension of rights that are basic is free to believe in trust; one of the beliefs in Indonesia that is still alive is Towani Tolotang. In connection with the study used a socio-legal study that focuses on descriptivefundamental and comparative research methods, while the approach used is the historical approach, case approach, and comparison approach. Towani Tolotang's belief which is different from other faiths in Indonesia that are recognized by the state, should have the same right argued on the philosophical basis of the first principle of Pancasila "God Almighty", the constitutional basis of the 1945 Constitution Article 28 "Freedom of belief," and strengthened with Decision of the Constitution Court No. 97/ PUU-XIV /2016. In the Japanese context, there are similarities with Indonesia related to traditional beliefs such as the Shinto that lives to this day, and their existence is protected by the state through the policy that the state does not deal with matters of religion through the Japanese constitution. It is different from Malaysia which does not recognize traditional beliefs, but in the context of the protection of trust, it is regulated in the Federal Constitution of Malaysia that unfortunately, besides being Sunni Islam, security is not essential or limited to administrative protection.
This paper will address women's political participation in politics, especially in politics actively, such as parliamentarians, although politics can be broad-based. This is because the position of women as leaders or as legislators is often disputed. The participation of women in parliament, with a hectic schedule, mingle with men, and so on is very time-consuming outdoors. At the same time, having abandoned his role and function as wife and mother of his children is a pretext used to sue women's participation in practical politics. This is the reason that politics as the world of men, so the involvement of women is still considered some people as unusual for women. Islam has given guidance in life. Men and women have the same right to participate in politics, as one part of the implementation of God's trust, khalifatullah fil area. Classical and modern scholars differ on the political rights of women. This difference relates to their respective concepts of the character of this field. The earlier scholars put the issue of general freedom which meant elemental powers such as the rule-making power, in contrast to contemporary scholars who emphasize the equality of rights.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
customersupport@researchsolutions.com
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Copyright © 2024 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.