Browsing by Author "Hasnizam Bin Hashim"
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Publication Transformasi Bidang Kuasa Mahkamah Syariah Di Malaysia: Penilaian Semula Terhadap Hukuman Takzir(Dewan Bahasa & Pustaka, 2017) ;Jasri JamalHasnizam Bin HashimSkop hukuman takzir dalam perundangan Islam sebenarnya lebih luas dan tidak terbatas kepada hukuman denda maksimun RM5000, penjara maksimum tiga tahun atau maksimum enam kali sebatan seperti yang diperuntukkan oleh Akta Mahkamah Syariah (Bidang Kuasa Jenayah) 1965 (Pindaan 1984) [Akta 355]. Walaupun Akta ini telah dipinda buat kali terakhir pada tahun 1984, namun pindaan yang dilakukan masih tidak menepati tujuan hukuman uqubah takzir yang sebenar dalam perundangan Islam. Oleh itu, hukuman takzir perlu disemak dan dimurnikan agar sentiasa relevan dengan perubahan semasa. Makalah ini membincangkan keluasan skop hukuman takzir yang diperlihatkan pada zaman awal Islam, pelaksanaannya kini di mahkamah syariah, faktor yang menghalang transformasi bidang kuasa, serta kaedah penyelesaiannya agar anjakan paradigma ini dapat mentransformasikan hukuman takzir ke suatu tahap yang lebih baik. - Some of the metrics are blocked by yourconsent settings
Publication التواصل البشري وصناعة مبادئ القانون الدّولي الإنسانيّ:دراسة تحليليّة في منظور الشريعة الإسلاميةThe study aims to extrapolate and analyze common humanitarian principles in the perspective of Islamic law and international humanitarian law, through the study of the legal legislative knowledge formation, which is the fruit of human and civilizational knowledge accumulations passed down by generations and acquired based on several factors, including communication, life experiences and divine legislation, and one of the most important of these legislations is Islamic legislation, which contains legal legislation that touches on the needs of the human family, social, military, political, economic, humanitarian and other areas of life. Essential. Some of the Sharia texts related to humanitarian legal legislation, which is one of the common principles between Islamic law and international humanitarian law, which was the product of human communication, which is a civilized human value to connect the human being to cooperation and integration in all areas of life, especially the humanitarian field, through the codification of humanitarian legislation, will be studied. The research will focus on the common principles of Islamic legitimacy and international humanitarian law and the role of human communication in the integration of those commonalities in building the international humanitarian legal system, and to achieve the objectives of the study, the researcher has adopted the inductive approach and the analytical approach, through the collection, extrapolation, and analysis of evidence related to the subject leading to support the objectives of the study. The study has reached conclusions, the most important of which are: The common principles in the perspective of Islamic law and international humanitarian law were the product of human communication between different nations so that international humanitarian legal systems were integrated to represent a convergent and harmonious legal framework in its humanitarian legislation, that Islamic law made great contributions to the international humanitarian human rights field, and that human communication is an important human and civilizational value in the construction of humanitarian legal values and principles. - Some of the metrics are blocked by yourconsent settings
Publication التّطوّر التّاريخي للحصانة القانونيّة في الشريعة الإسلاميّة والتّشريعات الوضعيّة القديمة والمعاصرة(USIM Press, 2023-03-17) ;Saud Mohammed Sultan ALazri ;Abidah Binti Abdul GhafarHasnizam Bin HashimThe researcher based his study on the existence of a problem represented in the discrepancy in the legislative regulation of immunity in different countries of the world. Either in terms of the expansion of the scope of those they include, or the expansion of its exploitation by the parties to which the person enjoying immunity belongs, Therefore, the researcher was keen to stand on the provisions of immunity in Islamic law and ancient societies, then contemporary legislation and look at its applications, dealing with the concept of immunity, its types, its legal nature, its basis, the problems arising from it, and so on. Proceeding from the urgent need to find more accurate regulations and provisions that clarify the issue of immunity, as well as the necessity of the situation in terms of restricting its use without the current use of it. This is what will be revealed through the topics of the study, and what the researcher will end up with in the conclusion of the research and his recommendations, and God is behind the intent and He guides the way. - Some of the metrics are blocked by yourconsent settings
Publication جهود دولة الإمارات العربية المتّحدة في مواجهة جرائم الإرهاب :دراسة تحليلية(USIM Press, 2023-03-17) ;Sultan Ghanem Humid Alshamsi ;Hasnizam Bin HashimAdzidah YaakobThe problem of terrorism is one of the most serious challenges standing in the face of sustainable development by all national and regional societies. Terrorism has become a danger that is increasing day after day. It can be said that terrorism has grown to be as dangerous as wars, since terrorist organizations in many countries of the world have assumed a plethora of technological advancement that enable them to execute their terrorist operations with a high degree of accuracy and proficiency. Terrorism has claimed the lives of millions of people, causing disabilities and injuring millions of people, as well as damaging and destroying the environment and public and private property. In addition, terrorism is also destroying minds through intellectual invasion. The spread of chaos and country fragmentation that comes along with the spread of terrorism are deemed to be some of the most dangerous consequences of terrorism. With the proliferation of nuclear weapons, national and regional concern increase over the fall of these dangerous weapons into the hands of terrorist groups, the advent of which may lead to an imminent end of humanity. The study covers concepts on the nature of terrorism in terms of its definitions, causes and motives; underscores national and regional efforts in combating terrorism; highlights the negative effects of terrorism on sustainable development in societies. Recommendations of the study include the need to activate the role of religious institutions in communicating the correct understanding of religion, whether in mosques or through seminars in universities and schools as well as the establishment of censorship by religious institutions on satellite channels, due to what we notice of religious fatwas from non-specialists. Recommendations also subsume the development of curricula in religious studies in schools and the development of a subject of Islamic culture as a general subject in university education