Al-‘Alāmah al-Tijāriyyah wa Ḥimāyatuhā fī al-Qānūn al-Indūnīsī: Dirāsah Fiqhiyyah Taqwīmiyyah

Abstract

The trademark plays an important role in economic life, as it is a way for the merchant to distinguish his products from those produced by others. It also helps consumers to identify the products they want. Therefore, the countries of the world have agreed to conduct agreements to protect it, on top of which is the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). When the State of Indonesia agreed to sign this agreement, it had to provide legal cover in the field of the trademark. The research aims to demonstrate trademark protection in Indonesian law and Islamic jurisprudence. This research falls within the library search, and its description is an analytical and critical description. After careful consideration, the research concludes that Indonesian law and Islamic jurisprudence are in agreement of considering the trademark as property and right. So, they agree on the necessity of trademark protection and imposing the punishment for the aggressor. Meanwhile, they differ in the imprisonment; the law considers it as a basic punishment while Islamic jurisprudence considers it as a secondary punishment

Standards of Distinctions between National and Foreign Arbitral Awards: A Discussion in The Light of Libyan Current Legislation

“…This approach distinguishes between the foreign and domestic arbitral award from the procedural law applicable to arbitral procedures (Masood, 2022). Accordingly, the arbitral award is considered as a domestic arbitral award if the applicable procedural law is national even though the arbitral award was issued outside the jurisdiction of the State, while the arbitral award is considered as a foreign if it is subject to a foreign law (Ighniya, 2009). In this regard, it could be said that this approach offers some advantages.…”

“…The second legal consequence related to the international guarantees given to a foreign arbitral award by virtue of international and regional agreements. The third legal consequence is the use of the principle of reciprocity against the foreign arbitral award as an opposed to the domestic arbitral award which does not subject to this principle (Ighniya, 2009). The fourth legal consequence of distinction between the foreign arbitral award and domestic arbitral award is that the foreign arbitral award should not be contradict with the principle of the public policy of the state where it sought to be recognised and enforced.…”

Aplikasi Kaedah Perubahan Hukum dengan Berubahnya Masa dalam Siyasah Syariyyah

“…Selain itu, terdapat juga kaedah lain yang mempunyai kaitan dengan kaedah ini iaitu ‫الفتوى‬ ‫تغير‬ ‫واألحوال‬ ‫األزمنة‬ ‫بتغير‬ (berubah fatwa dengan berubahnya masa dan keadaan (Ibnu Qayyim 1991). Walaupun digunakan istilah fatwa, namun ia juga membawa maksud hukum kerana definisi fatwa ialah mengeluarkan hukum syarak yang diambil daripada al-Quran, Sunnah, Ijma', dan Qias (Abdul Haq Hamish 2008).…”

Islamic Medicine Based on Shariat

“…Second, only Allah SWT knows unseen things and no one among His creatures can know such things. According to Saqr (2011), since ancient times humans have tried to explore to obtain supernatural news through various mediums such as al-kahanah (witchcraft), al-tanjim (astronomy), al-arrafah (divination), al-tiyarah (seeing the movement of birds ), al-tarq (hitting with a stone), darb al-raml (drawing a diagram on sand), qira'at al-finjan (divination on a drinking vessel), qiyas al-athar (measurement on pieces of clothing) and so on. These mediums are prohibited by Sharia because they are contrary to the fact that unseen things only belong to Allah SWT.…”