16. ve 18. Asırlarda Osmanlı Fetva Literatüründe Mudârebe Ortaklığı

Author(s): Ahmet İnanır / Language(s): Turkish Issue: 40/2020

Mudārabah is a type of partnership that was founded by putting labor on the one hand and capi-tal on the other, dating back thousands of years before Islam. In Islam, this partnership has been accepted as legitimate and used by Muslim societies. This partnership has included in the classic fiqh books as a separate section from the şarikah subjects. Mudārabah partnership continues to exist in various ways today. Participation finance which is developing day by day collects capital based on this partnership. Some researchers even recommend it as an alternative method to participation banking based on contemporary usury especially the interest finance system. For this reason, whether the partnership in question is of a nature to perform the task expected from it will only be revealed by knowing the historical experience. Furthermore, determining the change that this partnership has undergone in the historical process will help to understand its current situation and the way it will take in the future. Because, depending on the human expe-rience in the historical process, it is seen that some provisions and consequences of the partners-hip have changed. The partnership structures, which were simple in the first periods, have gained more and more technical features. For this reason, it is of great importance in terms of economic history to determine and how the Ottoman period partnerships were established in the 16. and 18. centuries, which business lines were widely used, and what legal problems and solutions were produced during this period. In this way, functional determinations can be made as to whether the contract will be able to fulfill the function expected today.This research tries to put forward the various legal problems and solutions faced by the conflict partnership based on Ottoman fatwa literature in the 16. - 18. centuries. Because the current problems encountered with the application have been the subject of fatwas as well as fiqh books. Fort this purpose, fatwa journals belonging to Ibn Kemal (d. /9401534), Ebu’s-su‘ud Efendi (Abū l-Su‘ūd) (d. 982/1574), Sun‘ullah Efendi (d. 1021/1612), Feyzullah Efendi (d. 1115/1703) and Yenişe-hirli Abdullah Efendi (d. 1156/1743), who stand out in terms of recognition and accessibility in the aforementioned centuries have been collected and fatwas that can be determined on the subject have been evaluated.In the Ottoman period fatwa literature, the contractual contract takes place in separate titles separate from the company department, as in the tradition of fiqh. It is understood that fatwas related with mudārabah mostly reflect the problems and solutions that arise during the applica-tion. When the prominent fatwa journal of the research subject are examined, it is seen that the mudārabah partnership has been widely used in Ottoman society in terms of both number and issues. Due to the fact that this partnership can be said to be one of the most useful tools for the capitalist to operate his capital and to meet the financing needs for the entrepreneur. It seems that some people especially women, who do not have the opportunity to trade, prefer this part-nership.Expressions such as “Zeyd Captain”, “Black Sea and the Mediterranean”, which are frequently mentioned in mudārabah related to fatwas are observed that a partnership has been made mainly in the Istanbul-centered, Mediterranean and Black Sea basins for the agricultural and commercial works in the Ottoman Empire in the aforementioned centuries. Thus, entrepreneurs seem to meet their short-term financing needs. It can be said that the fact that the mudārabah partner is active in the partnership and the passivity of the capital owner causes the parties to have more reflecti-ons in the fatwa than the other partnership types. Because, it is seen that if the mudārabah part-ner is not unjust due to the mudārabah partnership, he is not responsible for the loss in his capi-tal, and if the profits are due to the transactions against the immigration of the capital owner, the probability of the mudārabah partner is to take more risks. This situation causes the capital owner to try to impose various restrictions on the place, time and duration in order to protect the capital from loss, and even to go further, to put forward some conditions contrary to the spirit of the depository, as the depository is common to the loss in the capital or to be a guarantor to the capital. Nevertheless, it is understood that the deposi-tory did not comply with the relevant conditions too much and that in some cases the capital was lost, this was considered within the scope of injustice. One of the main points of disagreement between the capital owner and the mudārabah partner whether the capital is given as debt, treatment or mudarabah. Especially, in case mudārabah partnership makes a loss, it is seen that capital owner is trying to save his main capital, while the mudārabah partner is trying to avoid the obligation of compensation. Even, in some fatwas, capital may claim that while he took profit from the mudārabah partner, he made a profit in the event that the loss occurred while the nature of the capital was not on the agenda. He claims that he/she took the ruin in response to his/her claim that the capital owner lent. In fatwas, if the partners can not put forward any evidence or if both parties present the evidence, the evidence of debt is accepted, if no preference can be made a selection between the evidences, it is seen that if capital get lost, debt is preferable, if profit is obtained, the evidence of mudārabah is preferred. Because, the mudārabah partner with the permission of capital owner, admits that he/she delive-red the goods in capital owner, according to which he embraced capital. In this case, mudārabah partner may file suit a compensation case. However, if there is no evidence related capital owner lends, it is accepted that his/her oath related to mudārabah partner is a mudarabah. It is seen that the capital owner is trying to make a capital such as wheat, hemp, cloth and sheep in fatwas. However, if he gave a power of attorney and told him to use it, it is seen that the cont-ract of mudārabah could not draw up. In addition, except for the labor of the mudārabah partner, the claim that he added capital and was the permission of the capital owner etc. is accepted in some circumstances. It can be said that the issues of loss and detriment related to mudārabah are subject to more fatwa than other issues. Some of them appear to be due to negligence and male-volent attitude of the destructor, some to be due to negative market conditions, and others to physical adverse conditions such as the sinking of the ship. From these point, it is also possible to identify the areas where the damage was caused in these centuries. Among them, the sinking and side lying of the sea vehicles come to the fore. It can be said that in the centuries of research in the example of Mudarabah, there is no incompatibility between the fatwas and the tradition of fiqh, that is between theory and practice.

16. Yüzyıl Osmanlısında Kur’ân Okuma Karşılığı Ücret Alma Tartışmaları: Birgivî Zeyrekzâde Örneği

Author(s): Abdullah Kavalcıoğlu / Language(s): Turkish Issue: 54/2020

One type of the pious foundations which subsisted from the fifteenth century until the collapse of the empire in the Ottoman Empire, which is described as a civilisation of foundation, is the money foundations. Among these money foundations, there are foundations established for the recitation of Qur’an. These foundations, like the others, had subsisted till the collapse of the Ottoman Empire, but discussions about them continued. One of the works which discusses the recitation of Qur'ān for a fee is the epistle named as “İnkāzü’l-hâlikîn” written by Birgivī Mehmed Efendī (d. 1573). He alleges in this epistle, which is well known among the modern researchers and about which there are some studies, that the recitation of Qur’an for a fee is not licit. This epistle is not only discussed today, but at the time it was written it had been discussed among the scholars. For example, Zeyrekzāda Emrullah al-Husaynī had written a refutation titled as “Risala fi cavazi akhzi’l-ucrati li-qıraati’l-Qur’an” against the epistle of Birgivi. Also, this is very rare work that discussed widely with the proofs that the recitation of Qur'ān is licit. In this article, the views of two authors will be treated comparatively only in terms of common points. The aim of this study is to discuss the juridical issue which has a social aspect from the view of two authors that have different approaches.

19. Yüzyılda Livane Halkının Hukukî Talep ve Davaları (1800-1861)

Author(s): Zemzem Yücetürk / Language(s): Turkish Issue: 16/2022

The Ottoman Empire had many different ethnic elements. The state in question has managed to manage these different groups in terms of religion, language, race and culture for centuries with a tolerant administration and understanding of justice originating from the religion of Islam. It has provided the citizens of different religions with the opportunity of judgment, administration and administration according to their own religions. In local administrations, he allowed non-Muslims to be governed by their own clergy as long as they did not rebel against the state. Although there are congregational courts, it also gave the aforementioned subjects the right to bring their cases to the shari'a courts if they wished. In line with this right, non-Muslims often brought their cases to the sharia courts. In the study, the legal demands and lawsuits of the people of Livane, from the beginning of the 19th century to the end of the reign of Sultan Abdülmecit, were handled separately as non-Muslims and Muslims. During this period, non-Muslims had requests and lawsuits regarding the church, estate, permission, receivables, conversion and denomination movement, appointment of proxy, executive director, consul and murder. Those of the Muslims are claims and lawsuits about inheritance, family law, permission, debt, theft and murder. As it is understood from the documents, both Muslims and non-Muslims conveyed their cases to Istanbul with petitions and demanded that orders be sent to the administrators of the sanjak to which Livane was affiliated, for the settlement of their cases in the shari'a courts. If it was not possible to resolve the case, they requested that the defendants be summoned to Istanbul and held their hearings. The state dealt with the complaints and demands of all the people and sent orders to the local administrations to solve the cases and to fulfill the requests. With the request to report the results of the cases to Istanbul again, the follow-up of the results was also carried out. As it can be understood from the documents, non-Muslims had their own courts and conveyed their cases to Istanbul with petitions. The state also approached the wishes of the people positively, without discriminating between Muslims and non-Muslims. Although the Ottoman Empire responded positively to the requests of non-Muslim subjects, it was understood from a document belonging to the period that these subjects did not behave tolerantly towards each other. When a non-Muslim changed his sect and got married to an Armenian nation, the Catholic nation imposed a fine on this person.

A Fresh View On Zakah As A Socio-Financial Tool To Promote Ethics, Eliminate Riba And Reduce Poverty

Author(s): Magda Ismail Abdel Mohsin / Language(s): English Issue: 1/2020

Current statistical data shows that almost all Muslim countries are facing economic and social problems such as the spread of poverty, mounting outstanding external debt due to compound interest and widespread unethical behaviour. Some contemporary scholars relate these problems to the oppression and the crippling policies of former colonial administrations, while others point to the governmental incompetence and corruption that triggered the last Arab spring. However, this paper contends that although the above mentioned issues may have served as catalysts that led to the worsening of socio-economic situation in many countries, the main reason for the overwhelming problems plaguing Muslim countries is their neglect of many Islamic financial and socio-financial duties, including zakah (alms) which is conceived to spread ethical behaviour, eliminate riba (interest), empower the poor and needy and so reduce and may even end poverty. This study aims to demonstrate how zakah, as a socio-financial tool, can help promote sound standards of ethics, generate funds to counter external borrowing endorsed by anti-poverty programmes, empower the poor, and eradicate poverty in Muslim societies. This paper uses a secondary source based meta-analysis of books, articles, journals, annual reports, and websites, besides referring to the Quran and the Sunnah of the Prophet (PBUH) whenever necessary. The findings show it is imperative that zakah to be recognised as an effective socio-financial tool to counter the ills currently plaguing Muslim societies. Adequately managed and distributed zakah can help to promote good ethics, overreliance on external borrowing, empower the poor and end their poverty hence, resulting in a just and a caring society.

Abdullâh b. Abbâs’ın (ö. 68/687) Mirasa Dair İstidrâkleri

Author(s): Emine Demil / Language(s): Turkish Issue: 45/2022

Abdullāh Ibn Abbās is one of the companions well known for his verdicts in the area of the Islamic law of inheritance and the abundance of his verdicts in jurisprudence. In this regard, the inheritance sections of the jurisprudence books often include Ibn Abbās's verdicts and applications. He approached the matters regarding jurisprudence from a different perspective, ruled differently from the companions, and provided corrections mainly in terms of the science of inheritance regarding the sayings narrated by the companions, applications and verdicts of the companions. In this regard, Ibn Abbās considered the jurisprudential aspects of the sayings and applications of Prophet Muhammad and made a ruling by interpreting the same narration by his wide understanding and knowledge and considering the meaning of the sayings. Ibn Abbās, who made different interpretations and evaluations in his corrections (istidrāk) regarding the law of inheritance, objected to Umar Ibn Al-Khattab and Uthman Ibn Affan, criticized and corrected the narrations of Zayd Ibn Thabit. Ibn Abbās, who interpreted the matters regarding inheritance according to the principles of the Qur'ān, made rulings according to the apparent meanings of the related verses of the Qur'ān.

ACCREDITATION RANKING IMPROVEMENT STRATEGY (A CASE STUDY AT IAIN AMBON)

Author(s): Mar’atun Shalihah,Mohammad M. Holle / Language(s): English Issue: 1/2020

Accreditation is a fundamental thing for every study program. Because, accreditation becomes one of quality benchmark for study programs. Nonetheless, every study programs commence every strategies and efforts to improve their accreditation. This study aims to (1) to reveal the effort of Shariah Economy study program in improving their maximum accreditation ranking, (2) to find obstacles that prevent Shariah Economy study program in improving their maximum accreditation ranking, (3) to reveal effective and correct strategy for Shariah Economy study program in order to improve quality and achieve maximum accreditation ranking. This study applies several concepts which are strategy, analysis, SWOT, university, accreditation, and nine criteria of study program accreditation. This study is field research type with case study approach. Next, in order to determine the informant, snowball technique is applied. Meanwhile, data collection technique uses observation, interview, documentation, and literature study. To analyze data, the study applies EFE Matrix, IFE Matrix, and SWOT Matrix technique. The result of study shows that (1) there are several factors that prevent Shariah Economy improvement, (2) total amount of EFI matrix 2,806 and EFE matrix 2,902. It means that Shariah Economy program study of IAIN Ambon takes quadrant V rank, it is on secure and defend strategy, (3) based on EFI and EFE matrix, Shariah Economy program study of IAIN Ambon takes quadrant V rank. It means the study program is on integration and development stage.

Ahkâm Ayetlerini Yorumlamada Fıkhî Mezhep Faktörü: Cessâs, Ebû Bekr İbnü’l-Arabî ve Kiyâ el-Herrâsî Örneklemleri

Author(s): İlyas Yıldırım / Language(s): Turkish Issue: 2/2019

The Quranic verses have a wide range of topics. They are sometimes revealed directly and do not need interpretation, but sometimes they lack clarity. This makes it necessary for the person dealing with the verse to have a certain method and knowledge to understand the text correctly. Therefore, the person’s perspective will affect the process of understanding and interpreting the text. Hence, when we examine the verses that put forward a provision, it is seen that they are limited and regulating some areas. In addition, they have a style that can be interpreted in different ways. This provides a broad interpretation area for the scribes, who try to understand the verses. On the other hand, the element of accountability is important in interpreting a verse. In this tension, the legal verses subjected to various interpretations by the scribes. These scholars, who try to make judgments from the verses, carry out this process under various factors. One of these factors may be the practical sect that is followed. This article focuses on this aspect of the issue through three faqīh-mufassīr who have the first legal exegesis of Quran, but belong to different sects. Thus, it is possible to obtain an idea about the extent of the existing effect.

AKADEMIK MEHMED BEGOVIĆ

Author(s): Mustafa Hasani / Language(s): Bosnian Issue: 14/2010

Mehmed Begović (1904.-1990.) is the first professor of Sharia law at the Sharia Law Department, founded in 1926, at the Faculty of Law, Belgrade University. He received his doctorate in Algeria in 1930. He is the author of numerous books and articles and has shown a special interest for Sharia law studies. After arrival of communist to power Begović had to reduce his interest in these studies, but dropped it. His scientific work was recognised here and abroad where he was a member of many scientific associations and his membership of Serbian Academy of Sciences in Belgrade, and Arts and Bosnian Academy of Sciences and Arts in Sarajevo, should be especially noted. He was the member of the Founding Committee of the Islamic Theology Faculty (now Faculty of Islamic Studies). He wrote first Curriculum for Sharia law at ITF, and was the member of commissions for promotion into higher scientific and teaching titles for many members of the faculty. Therefore this paper is published as a reminder of the academician Begović who argued his knowledge and authority in the establishment and operation of this Faculty, on the occasion on twenty years of his move to the Hereafter.

Allah Hakkı ve Kul Hakkı Arasında Hanefi Ceza Hukukunun Kamusallığı

Author(s): Muharrem Midilli / Language(s): Turkish Issue: 1/2017

Modern criminal law is generally regarded as a public domain because it primarily aims at protecting general interests and has dominant vertical relationships between public institutions and the individual. This understanding corresponds to a certain extent in the Hanafi criminal law. According to Hanafi jurists, the fixed penalties such as adultery, theft, and drinking wine/getting drunk are applied only to the benefit of all people. The fixed penalty for the false accusation of adultery and the retaliation (kısas) protect the benefit of all people, as well as the the interests of individuals. The public authority is able to impose discretionary chastisements (ta´zîr) and administrative punishments (siyâsa) for the benefit of the society. It is his responsibility to investigate crimes, to prosecute suspects and to impose punishments. In all these steps, vertical relations are formed between the public authority and the perpetrator. On the other hand, the Hanafi criminal law has unique features such as the determination of public interests by the Lawgiver and the penalties imposed directly on behalf of individuals.

An Analysis of the Legal Provisions of Entering the Mosque for Menstruated Women

Author(s): Tuba ERKOÇ BAYDAR / Language(s): English Issue: 57/2022

There are some main prohibitions placed upon the menstruating woman in Islamic Law. One of these prohibitions mentioned in classical books is known that women cannot enter the mosque while they are menstruating. However, there are many fatwas given that women can enter the mosque when they are menstruating, especially today. In this paper, we investigate the question of the permissibility of entering a mosque for menstruating women according to Islamic law. Our paper consists of three main chapters. After establishing a general framework, in the second chapter, we will shortly discuss the positions of all four Sunnī schools of law on this issue. Also in the second chapter, we will especially present the related opinions of the members of the Shāfiī school of law, as they include detailed issues in this regard and gave the basis for the fatwas given in the modern period. Finally, we will elaborate on the general framework and revisit contamporary positions with their supporting proofs and arguments. Thereby we will offer a systematic examination of the juristic ruling of entering a mosque for menstruating women.

Anglo-muhamedansko pravo u Britanskoj Indiji: historijskopravni aspekt

Author(s): Husein Kavazović / Language(s): Bosnian Issue: 42/2021

Over the course of its development, Sharia law, like other legal systems, has gone through periods of rise and stagnation. These processes were closely related to the development of society and the state, their highs and lows. Although it was based on the universal Islamic principles that represented its foundation, the building of Sharia law was built with various elements of an interpretative character from primary and secondary sources. Sharia law did not operate in isolation from other legal systems it encountered, came into contact with and co-operated with. This paper aims at pointing to the emergence of a hybrid, mixed legal system, which was created through the cooperation of two different legal systems on the territory of today’s India under the rule of the British Raj. Anglo-Muhammadan law developed on two foundations: a) on individual Shariah regulations of family and property law and b) on the principles of common law of the legal system of justice, equity and good conscience.

Application of Tawarruq in Islamic Banking in Malaysia: Towards Smart Tawarruq

Author(s): Muhammad Faruq Roslan,Omar Bamahriz,Aishath Muneeza,JinZi Chu,Zakariya Mustapha,Mohamad Zabidi Ahmad / Language(s): English Issue: 2/2020

The objective of the paper is to discuss the application of tawarruq in Islamic banking generally. The modus operandi of tawarruq in Islamic banking is an essential discussion in jurisdiction like Malaysia, where most Islamic banks use tawarruq to structure Islamic banking products. This paper employs a systematic literature review on best practice models and mechanism of current tawarruq application. The outcome of the research helps to understand the modus operandi of tawarruq transactions practically with a view towards understanding its future prospects in the era of Fintech. It is envisaged that this research will assist the growing understanding of the existing application of tawarruq in Islamic banking as well as its future development using technology.

Arhivski fond Vrhovni šerijatski sud Sarajevo (1879. – 1946.) kao izvor za lokalnu historiju na primjeru Gračanice

Author(s): Mina Kujović / Language(s): Bosnian Issue: 50/2020

Archival documents created through the work of both lower and higher judicial bodies in Bosnia and Herzegovina are very interesting for the study of local history. However, they are often very sparsely presented in the scientific research of our past due to their extensive nature, the fact that they are often not processed and in disorder. The archive fund of the Supreme Sharia Court of Sarajevo, 1879 – 1946, stored in the Archive of Bosnia and Herzegovina in Sarajevo, has been archivally arranged and analytically processed. Unfortunately, it has not been used yet. The Supreme Sharia Court of Sarajevo ruled on the basis of Sharia regulations. This was a second instance court and its decisions were final. The court operated from 1879 to 1946, but the court cases for the whole territory of Bosnia and Herzegovina have not been preserved for every single year. The archive material is stored in 196 archive boxes and 58 court cases refer to the area of Gračanica and its surroundings. This article was written on the basis of the data in the analytical inventory of the Supreme Sharia Court of Sarajevo, while the archive material itself, the 198 boxes, would have to be consulted for more detailed research.

Bej‘at el-imam: ugovor o postavljenju poglavara islamske države

Author(s): Fethi Osman / Language(s): Bosnian Issue: 1/2015

BEYU’L-ÎNE ve YAKIN KAVRAMLAR

Author(s): Arif Atalay / Language(s): Turkish Issue: 46/2020

The sales contract forms the basis of such mutual contracts. In this case, the necessity and acceptance of the parties, the words they use while saying these, the conditions, the halal and haram in their behavior are by the nature of the contract. When the same process is used with different words, it is sometimes valid and sometimes it is not. In this case, shopping tools are important. Although it is not haram, there are some vehicles that take people to haram. However, some of these vehicles are vehicles that are involved in vehicles that will not lead to haram. Vehicles leading to haram sometimes have two ends, there is a possibility for both sides. For example, on the one hand, while it looks like a sale contract, on the other hand, even though the wording used is different, interest shopping can be made considering its application. Some of the contracts in Islamic law are controversial due to their damages, losses, interest, safqateyn and similar suspicions. Although there is a controversial issue in the contract called contract, it is one of the contracts that are frequently applied both in the classical period and in the economy world today. When dealing with a subject, it is important to reveal the relevant concepts in terms of understanding the subject. When evaluated in general, the îne contract arises due to the needs of people for gold and silver. Someone who needs money buys goods and sells it for the amount they need. In fact, nobody needs property, only money.

Bilješke o jednom životu i jednom zborniku

Author(s): Ehlimana Memišević / Language(s): Bosnian Issue: 1/2022

Review of: Islamska pravna kultura u tranziciji: eseji u čast Fikreta Karčića, Ahmet Alibašić, Mustafa Hasani, Senad Ćeman i Nedim Begović (ur.). Sarajevo: Centar za napredne studije, 2020. 419 str., ISBN 978-9926-471-27-9.

BİR İSLÂM HUKUKU MÜESSESESİ OLAN HİDÂNENİN GÜNÜMÜZ HUKUKU İLE KARŞILAŞTIRILMASI

Author(s): Esma Dursun / Language(s): Turkish Issue: 54/2022

Hidâne has been accepted as one of the rights and responsibilities of husband and wife in Islamic law. Child care and education in Islamic law, which means that this institution has been assessed in detail; hidâne of the child to whom or to whom it belongs, with the conditions to which it should be hidâne qualifiers, hidâne would be met and how the costs of dealing with this situation, especially those with issues such as hidâne when it will end, espacially considering the interests of the child have been discussed exhaustively. In this study, in general, the regulations related to hidâne and what are the opinions of the sects on this issue have been compared with today's law and tried to be revealed.

Bir Mezhebe Ait Fürû-i Fıkıh Eserinin Diğer Mezhepleri Temsil Problemi: El-Hidâye’nin Kitâbu’l-Büyû’ Örneği

Author(s): Muhittin Özdemir / Language(s): Turkish Issue: 47/2017

One of the most important works of the Hanafî madhab, al-Hidaya Sherh Bidaye al-mubtedi, have included the views of other madhabs’ imams at some parts. In Kitab al-buyû, which is the book that we have taken as the basis for our work, Imam Malik was briefly mentioned only in one place. At twenty-seven places, sometimes brief mentions of Imam al-Shafi’i’ was made, sometimes only opinions of him were transmitted and sometimes the bases of his views were explained. And Ahmed b. Hanbal has never been mentioned. In this respect, the views of Hanafi madhab in al-Hidaya, the views of Shafi’i among all the madhab imams have been addressed in a comparative way. It is important that, to what extent the views of the other madhab imams and especially of Shafi’i, which are included in the work, are handled with a good sense. The Hanafi scholars have noted that the views of other madhabs’ imams were mistakenly located in a wrong way in few places of the work. In the work, the views of Shafi’i are addressed in the sections that are considered to be important. The views of Shafi’i have sometimes been in consistence with the views of the Hanafi madhab imam and his students. The views of Shafi’i in the work have been addressed in a precise way. Since it is partly concise, there are no details in the work; and thus some records and details of Shafi’i’s views have not been handled. In fact, his views, which are conditional, were considered as absolute views in the work, and in this respect, the work has become far from being able to represent Shafi’i’s views.

BONA FIDES IN ROMAN CIVIL PROCEDURE

Author(s): Milka Rakočević / Language(s): English Issue: 1/2021

Although not always distinguished as an explicit procedural phenomenon, abusus iuris doctrine has a long history and is familiar to all periods of historical development of civil procedure. As one of the basic principles of contemporary civil procedure, if analysed historically, it can be noted that the prohibition of abuse of procedural rights is neither modern nor contemporary in the legal meaning of those terms, nor in the historical retrospective loses the importance that characterize it in the modern civil procedure. Within the paper, the focus is set on the administration of justice in ancient Rome with particular interest on the institute of abuse of procedural rights. The paper discusses the beginnings and development of organized methods of legal protection in Roman civil procedure with the aim to determine its basic characteristic through different stages of its development and to analyse the frivolous behaviour of the parties before the tribunal and procedural mechanisms for supressing vexatious litigation. The historical retrospective is covering different periods of development of the Roman litigation. The main drive for analysis of the historical dimension of civil procedure in ancient Rome is to analyse the genesis and evolution of the principle of bona fides in Roman civil procedure.

Building Strategic Planning Models Based on Digital Technology in the Sharia Capital Market

Author(s): Basrowi Basrowi,Pertiwi UTAMI / Language(s): English Issue: 49/2020

Digital technology is able to give a new face to the development of the capital market industry in Indonesia. Licensing process, wider reach and ease in transactions (financial technology) become faster, more efficient, cheaper, and transparent. However, the development of digital or scripless systems is still constrained by various factors. The purpose of this study is to try to dig deeper into the basic concepts of digital planning for issuers in the list of Islamic securities. A development model based on the results of the literature review is expected to contribute to the acceleration of digital technology in the capital market. The results of the study suggest that it is important for digital planning so that organizations have planning standards with special characteristics to create a 'positioning' that is in accordance with Islamic principles. The novelty in this research is that social cognitive theory and technology adoption can also be applied to sharia-based digital planners in the capital market. Sharia based digital technology will have a positive impact on the empowerment of issuers, prospective issuers, and investors in the list of sharia securities.