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Purpose – The purpose of this paper is to propose a model that will demonstrate how the integration of Salam (exclusive agricultural commodity trade) with Takaful (micro-Takaful – a subdivision of Islamic insurance) and value chain can address major challenges facing the agricultural sector in Kano State, Nigeria. Design/methodology/approach – The study conducted a thorough and critical analysis of relevant literature and existing models of financing agriculture in Nigeria to come up with the proposed model. Findings – The findings indicate that measures undertaken to address the major challenges fail. In view of this, this study proposed Bay-Salam with Takaful and value chain model to solve a number of challenges such as poor access to financing, poor marketing and pricing, delay, collateral requirement and risk issues in order to avail farmers with easy access to finance and provide effective security to financial institutions. Research limitations/implications – The paper is limited to using secondary data. Therefore, empirical investigation can be carried out to strengthen the validation of the model. Practical implications – The study outcome seeks to improve the productivity of the farmers through enhancing their access to finance. This will increase their level of production and provide more employment opportunities. In addition, it will boost financial inclusion, income generation, poverty alleviation, standard of living, food security and overall economic growth and development. Originality/value – The novelty of this study lies in the integration of classical Bay-Salam with Takaful and value chain and create a unique model structure which the researchers do not come across in any research that presented it in Nigeria.

This study examines the legal culture dealing with the interaction of religious practices and rituals among interfaith couples in Purwokerto, Central Java, emphasizing the social and legal dynamics influencing family life. In Indonesian society, interfaith marriage presents a complex issue, intersecting between state legal regulations and religious doctrines. By using qualitative methods through in-depth interviews and analysis of legal documents, this research delves into how interfaith couples navigate their daily lives, compromise the religious differences, and adapt to the prevailing legal framework. Legal culture component in legal system, comprising values and attitudes that influence the operation of the law, this research argues that legal culture significantly influences the practices in n t both social and and religious rituals, struggling the efforts to maintain household harmony. The issuance of Supreme Court Circular (SEMA) Number 2 of 2023 gave impact to the comprehensive legal interpretation and adaptation. This study demonstrates of understanding the interrelation of law, religion, and social practices within Indonesia’s religious pluralism and its implications for the legal acknowledgment and spiritual lives of interfaith couples.

In the last few decades, interpretation with a contextual approach has begun to occupy a central position in the paradigm of interpreting the Qur'an. This is because the classical method of interpreting the Qur'an which is static and more textual is considered no longer compatible in responding to the reality of the era which is developing very complexly. This paper utilizes the library research method to examine the epistemological reasoning of contextual interpretation. The results of this study found that contextual interpretation is a form of approach in interpreting the Qur'an which starts from the argument that every text has a context that binds the meaning behind it. Thus, the meaning of a text of revelation (God's message) will only be found if an interpreter has a deep understanding of its context, then translated and elaborated based on the reality faced. In a different expression, contextual interpretation cannot be separated from the understanding of three horizons, namely between text, context, and contextualization.

This research examines Islamic education parenting and social integration of Muslim minorities in Tanjung Labu Village, Rantau Pulung Sub-district, East Kutai Regency. Using a qualitative method with a case study approach, this research aims to understand the dynamics of Islamic education and social integration strategies in the context of multicultural communities in transmigration areas. Data were collected through participatory observation, in-depth interviews, focus group discussions, and document analysis. The results show that the minority Muslim community in Tanjung Labu Village applies a variety of parenting patterns, from those that tend to be authoritarian in matters of principle to those that are more democratic in other aspects. Social integration efforts are seen in various aspects of life, including education, economy, and culture. Programs such as ‘Friday Taqwa’ in schools and cooperation in farmer groups show positive steps in realizing social integration. However, the research also identified challenges such as the lack of special programs for converts and potential discrimination. The study concludes that efforts to strengthen the social integration of Muslim minorities require a holistic, inclusive, and sustainable approach, involving the active role of the Muslim community and support from various relevant parties. The findings make an important contribution to understanding the complexities of Islamic education and social integration in minority contexts, as well as highlighting the importance of empowering Muslim converts.

This study examines the application of the project method in learning Al-Quran Hadith class X at MAN 4 Jombang in the context of the Merdeka Curriculum. Using a qualitative approach with observation, interview, and documentation analysis methods, this study aims to understand the implementation, impact, and challenges of applying the project method. The results show that the implementation of the project method has brought significant changes in the learning process, creating a more interactive and learner-centered learning environment. The main characteristics of learning include independent completion of tasks, full responsibility of learners, and involvement of various parties. Positive impacts are seen in increased motivation, understanding of the material, and development of 21st-century skills. However, challenges such as time constraints, variations in learners‘ abilities, and educators’ professional development needs are still faced. This research provides insights into the potential integration of contemporary learning approaches in Islamic education and highlights the importance of systemic support in the implementation of educational innovations. The findings can serve as a reference for the development of educational policies and practices that are responsive to the needs of learners in the modern era while maintaining the core values of Islamic education.

This research examines the development of the Munggahan tradition in the Subang region of West Java. Munggahan is a tradition of welcoming the month of Ramadan that reflects the values of gratitude and gotong royong in Sundanese society. The research method used is a descriptive qualitative approach, involving field observations, literature studies, and interviews. The results showed that the Munggahan tradition includes several processions such as grave pilgrimage, padusan (holy bathing), eating together, and sidekah (tahlilan). The spiritual and social meanings contained in this tradition include expressions of gratitude to Allah SWT, respect for ancestors, and strengthening social ties within the community. However, research has also revealed a decline in interest in this tradition, especially among the younger generation, due to the influence of Westernization and technological developments. Nevertheless, the values contained in the Munggahan tradition are still considered relevant in the context of modern life, especially in strengthening social solidarity and the cultural identity of Sundanese society. This study concludes that despite the challenges of modernization, the Munggahan tradition still has cultural and spiritual significance for the people of Subang, West Java.

Juvenile delinquency is an act of violating norms and rules committed during adolescence or the transition from childhood to adulthood. Teenagers are an asset that every country has. This research aims to find out; 1) Local Content Learning of Kitab Taisirul Kholaq at An-Nur Al Anwar Junior High School Bululawang Malang, 2) Student morals at An-Nur Al Anwar Junior High School Bululawang Malang, 3) The Effect of Local Content Learning of Kitab Taisirul Kholaq on Student Morals at An-Nur Al Anwar Junior High School Bululawang Malang. This research was conducted with a quantitative approach using the type of correlation research, used to determine the correlation or relationship of local content learning Kitab Taisirul Kholaq on student morals. The sample used in this study was 15% of the population with a purposive sampling technique of 54 students. Data collection techniques using observation, questionnaires, and documentation. The results showed 1) it is known that the minimum value of the local content variable is 36, the maximum value is 62, the mean is 44.13, Std Deviation is 4.434, Variance is 19.662 from 54 respondents. 2) The minimum value of the student morals variable is 46, the maximum value is 83, the mean is 62.07, Std Deviation is 6.375, Variance is 40.636 from 54 respondents. 3) There is an influence of local content learning of the book of Taisirul Kholaq on student morals at An-Nur Al Anwar Junior High School with a moderate level of strength.

گاه اجیر درصدد انجامِ کار مورد اجاره در موعد مقرر بر می‌آید اما مستأجر از پذیرش کار خودداری می‌کند. این مسئله از فروع مسئلهٔ کلی اجتناب طلبکار از پذیرش طلب خود است. در مورد این مسئله، مطابق قاعدهٔ کلی، که در مادهٔ 273 قانون مدنی مقرر شده است، طلب باید به حاکم سپرده شود. اما به‌کارگیری این قاعده دربارهٔ اجیری که آمادهٔ انجام‌دادن کار است و با امتناع مستأجر از پذیرش کار مواجه می‌شود، دشواری‌های زیادی دارد، به‌ویژه در مواقعی که موعد انجام‌گرفتن کار محدود است و فرصتی برای تقدیم دادخواست و پیگیری قضایی نیست. مسئلهٔ مذکور در فقه مطرح شده و دربارهٔ آن آرای متعددی بیان شده است. در پژوهش حاضر با بهره‌گیری از روش توصیفی‌تحلیلی و ابزار کتابخانه‌ای این نتجه به‌دست آمده است که همین‌که اجیر خود را برای انجامِ کار در اختیار مستأجر نهد، به تکلیف قراردادی خود عمل کرده است؛ پس اجاره پایان می‌یابد و او مستحق اجرت‌المسمی می‌شود.

فوریت مطالبهٔ حق ‌شفعه در فقه اسلامی محل اختلاف است. مشهور فقیهان امامی و غالب فقیهان سنی، در عذر ناموجه، تأخیر در اخذ به ‌شفعه را سبب زوالِ حق می‌دانند؛ درمقابل، قول به وسعت زمانی ‌مطلق قرار دارد، که ‌آن حق را تا اسقاط، پیوسته باقی می‌داند و در میان فریقین، قائلان شناخته‌شده‌ای دارد. در این مسئله گروه دیگری مطلقاً قائل به فوریت شده و گروهی توقف یافته‌اند. دیدگاه برگزیده، ضمن پذیرش ادلهٔ قول به وسعت‌ زمانی حق ‌شفعه، تعیین حدِّ آن‌ ‌را به عرف و عادت وانهاده است؛ بدین‌گونه که اگر از اولین زمان استحقاق، زمانی بگذرد که عرفاً و عادتاً کاشف از این باشد که شفیع قصد مطالبهٔ حق شفعه‌اش را ندارد حکم به زوال حق می‌شود. در نوشتار حاضر، با روش توصیفی‌تحلیلی، پس از بررسی و نقد دیدگاه‌ها و ادلهٔ موجود، قول اخیر مبتنی‌بر ادله و شواهد، درخورِ دفاع معرفی و دیدگاه مشهور، یعنی لحاظ‌کردن فوریت برای حق شفعه، که به قانون مدنی (مادهٔ 821) هم راه یافته، از چند جنبه مخدوش دانسته شده است. درست است که در دیدگاه برگزیده نیز، همچون قول مشهور، عُرف، معیار پایان زمان حق شناسایی شده، اما مطابق دیدگاه برگزیده، اصل بر بقای حق‌ شفعه است و اثبات بطلان آن برعهدهٔ مشتری، حال‌آنکه در قول مشهور، با گذشت زمانی که عادتاً در آن می‌توان حق را اِعمال کرد، حق ساقط می‌شود و اثبات موجه‌بودن عُذر و بقای حق بر دوش شفیع است.

تکالیف شرعی از منظر قصد به دو قسم عبادی و توصلی تقسیم می‌شود و تمایز این دو از جهت قصد قربت است. فقها به‌طور اصولی اخذ اجرت را از جهت تنافی با قصد قربت در واجبات تعبدی حرام دانسته‌اند. این تحقیق درصدد آن است راهی برای رفع این تنافی بیابد. از منظر بزرگانی چون آیت‌الله خوئی(ره) و امام خمینی(ره) یکی از راه‌های رفع تنافی، مبتنی بر داعی بر داعی است؛ بدین معنا که، اجیر ذات تکلیف را به داعی قصد قربت و داعی بر اجرت تعمیم می‌دهد. در این تحقیق با روش توصیفی‌تحلیلی و با تأکید بر دیدگاه امام خمینی(ره)، مقولهٔ داعی بر داعی بررسی شده است. به‌رغم اینکه حل شبههٔ تنافی بین قصد قربت در عبادت و قصد اخذ اجرت، از طریقِ «داعی بر داعی» طرف‌داران فراوانی دارد و امام خمینی نیز بیشترین دفاع را از آن داشته و تلاشِ وافری به‌خرج داده تا شبهات و اشکالات را از آن دفع کند، ولی به نظر می‌رسد که این راه‌حل، ناتمام و غیرکارآمد است، زیرا ادله‌ای که شرط عبادت را وقوع خالصانهٔ آن می‌داند، از جهت عرفی، داعی طولی غیرالهی را نیز نفی می‌کند.

بخش عمده‌ای از روایات در قالبِ پرسش‌وپاسخ راوی و معصوم(ع) گزارش شده‌اند. شناخت مؤلفه‌های موجود در پاسخ معصوم(ع) یاری‌رسانِ مجتهد در استنباط حکم شرعی است. یکی از قواعد کاربردی در‌ این سپهر، «ترک استفصال» نام دارد. ‌این قاعده، گویای آن است که ادلهٔ لفظی بر فرض‌های مختلف، مشتمِل است. در پژوهش حاضر به‌روش اِسنادی و توصیفی‌تحلیلی، تبیین نظام‌مندی از قاعدۀ مذکور ارائه و شرایط به‌کارگیری آن ضابطه‌مند شده است. در گام بعد، با تبیین کاربست‌های ‌این قاعده در دانش اصول فقه و درج نمونه‌های حدیثی مناسب، جنبه‌های کاربردی قاعده روشن شده است. برخی از مواضع کاربرد قاعده به این قرار است: حکم تکلیف در زمینه علم اجمالی، مفهوم‌شناسی شک در استصحاب، تعارض دو استصحاب، دلالتِ اخبار علاجیه، حکم تقلید از شخصی که بالفعل به اجتهاد نرسیده، بررسی شرطیت ثبات مذهب در تقلید استمراری و حکم استقلال عامی‌ در امر قضاوت.

زکات در منابع اسلامی از واجبات مهم و قرین نماز معرفی شده است. در مقالهٔ حاضر، در امتداد نهادسازی برای اقتصاد اسلامی، زکات پول در بستر فقه با نگاه تاریخی و اقتصادی بررسی شده است. از منظر تاریخی، وجود ثمنِ اعتباری در صدر اسلام ثابت نیست و از دیدگاه اقتصادی، پول به‌عنوان مالی که ارزش مبادله‌ای دارد، پذیرفته شده است. ازنظر فقهی، بر الغای خصوصیت از روایاتِ وجوب زکات درهم و دینار اشکالاتی وارد است و فقط وجوبِ زکات پولِ کالایی ثابت می‌شود و وجوب زکات پولِ اعتباری از روایات زکات درهم و دینار و روایات مشابه به‌صورت مستقل به دست نمی‌آید. در این پژوهش که به‌روش توصیفی‌تحلیلی انجام گرفته، باتوجه‌به ظنون ایجادشده از روایاتِ دالِّ بر اثبات زکات پول، رهیافت تجمیع ظنون به‌عنوان روش درخورِ اطمینانی برای اثبات زکات پول پیشنهاد شده است.

رویدادهای نوظهور در دنیای فناوری، فقها را به تلاشی مضاعف برای منطبق‌ساختن آن‌ها با نهادها و بایدها و نبایدهای فقهی و قاعده‌مندکردنشان فرا می‌خواند. یکی از این فناوری‌ها استخراج رمزارزهاست. در جستار حاضر، به‌منظورِ مشخص‌شدن حکمِ استخراج رمزارز، ماهیت فقهی آن به‌روش توصیفی تحلیلی بررسی شده است. طبق این بررسی‌ استخراج رمزارز با عقد اجاره، از جهت چگونگیِ ایجاب و شروط متعاقدین انطباق ندارد؛ با حیازت مباحات نیز تفاوت موضوعی دارد؛ ازآن‌رو که حیازت تنها به دو شکل اصلی و بالعرض اتفاق می‌افتد و هیچ‌یک منطبق بر عملیاتِ استخراج رمزارز نیست؛ یعنی این‌طور نیست که تعدادی رمزارز وجود داشته باشد که فرد با استفاده از ابزاری، آن‌ها را برگیرد تا معدن کاوی محسوب شود؛ بلکه در قبالِ کاری که انجام داده است، مقداری رمزارز به او داده می‌شود. استخراج رمزارز با عقد هبه نیز، از لحاظ شرایط موجب و قابل و قبض، تفاوت دارد و سرانجام استخراج رمزارز را می‌توان بر جعالهٔ عام منطبق کرد. دراین‌حال جعاله‌بودن به‌معنای مشروعیت این عمل نیست، بلکه مشکلات دیگری همچون فقدانِ ‌مالیت، سفهی‌بودن استخراج رمزارز و... وجود دارد که باید موضوع پژوهش‌های دیگری قرار گیرد.

یکی از تعابیر استنادشده در کتب فقهی در دلالت‌سنجی روایات، اصطلاح «قضیة فی واقعة» است که فقها با تکیه بر آن برخی از احادیث خاص را برای استنباط حکم کلی غیرقابل ‌استدلال دانسته‌‌اند. در لابه‌لای کتب فقهی متقدمان به برخی از زوایای این اصطلاح اشاراتی شده است. در نوشتۀ حاضر، که به‌روش کتابخانه‌ای و توصیفی‌تحلیلی انجام گرفته، نخست مفهوم و کاربرد و ثمرۀ «قضیّة فی واقعة» بررسی و سپس اشتباهات مرتبط با این اصطلاح تبیین شده است. دلالت حدیث بر فعل معصوم یا حکایت فعل توسط معصوم، عدم‌قصد تشریع از فعل و حکایت فعل و عدم‌قابلیت جمع عرفی، ازجمله مقوّمات «قضیّة فی واقعة» است. صدور فعل در پاسخ به سؤال راوی و اشارۀ راوی به استمرار فعل توسط معصوم، ازجمله قراینی است که دلالت می‌کند فعل یا حکایت فعل در مقام تشریع و تبیین حکم شرعی صادر شده است.

ظهور فقرهٔ «لَا یَأْبَ الشُّهَدَاءُ إِذَا مَا دُعُوا» در آیهٔ ٔدِین، از دو جهتِ حکم و متعلق حکم، محل اختلاف فقها و مفسران قرار گرفته است؛ ازنظرِ ماهیتِ حکم، برخی آن را مولوی و برخی ارشادی دانسته‌اند و متعلق آن را برخی ادای شهادت و برخی تحمل شهادت و برخی اعم از هر دو دانسته‌اند. اختلاف ذکرشده، درحالی‌که هریک از آرا مشخصاً به ظهور فقرهٔ مذکور مستند شده، این پرسش را بر می‌انگیزد که منشأ برداشت‌های مغایر چیست. رفع ابهام از چگونگی استناد آرای مذکور به ظهور فقرهٔ محل بحث ازآن‌رو ضروری است که به‌تبع آن، ابهام از جوانب ظهور آیه برچیده می‌شود و برداشت‌ مناسب صورت می‌پذیرد. بدین‌منظور، در پژوهش حاضر بر مبنای قواعد استظهار و با تکیه بر روش اجتهادی، مناشیء استظهار هریک از این آرا تحلیل و تبیین شده است. یافته‌های تحقیق حاکی از آن است که فقرهٔ محل بحث از حیث حکم، ظاهر در ارشاد و از حیث متعلق، ظاهر در تحمل است.

تقریر معصوم، ارتباط تنگاتنگی با عدمِ‌ردع در سیرهٔ عقلا دارد؛ این تقریر، گاه بر فعل مکلف و گاه بر سیرهٔ عقلایی است. استدلال به سیره در مسائل مختلف اصولی و ابوابی از فقه معاملات کاربرد وسیعی یافته است. اصولیان دربارهٔ حجیتِ تقریر وحدتِ‌نظر یافته‌اند و رویکرد عدم‌حجیت تقریر دیدگاه بدیعی محسوب و در برابر این تسالم اصولی شکل گرفته است. در نوشتار حاضر که به‌منظور بررسی و نقد این رویکرد با روش کتابخانه‌ای و توصیفی‌تحلیلی تدوین شده، از یک سو گزاره‌هایی چون قبح القاء در مفسده و تفویت مصلحت و ادله‌ای مانند لزوم ارشاد جاهل و روایات لزوم تبلیغ شریعت و ازسوی‌دیگر، روایاتِ عدم‌وجوبِ جواب بر امام(ع) و دیگر ادله در نظامی هماهنگ، تفسیر شده است.

واژه‌های «یُحِبُّ»، «مَاأُحِبُّ» و مانند آن، در آیات و روایات متعدد مورد استناد فقیهان به‌ کار رفته است. تعلق این واژگان به فعلِ اختیاریِ مکلّف، که موضوع دانش فقه است، این پرسش را به ذهن می‌‌آورد که آیا می‌توان مفهوم این واژگان را فارغ از قراین و باتوجه‌به موضوع‌له و معنای لغوی، کاربست‌های واژگان در کتاب و سنت و عبارات فقها راجع به آن دریافت و قاعده‌ای را دراین‌باره اصطیاد کرد؟ در این پژوهش، با نظرداشت معنای لغوی و استقرای موارد کاربرد مشتقاتِ این واژه در کتاب و سنت و تتبع و تأمل در نگاشته‌های فقیهان امامی، توصیف و تحلیلی‌ از کارکردِ این واژگان ارائه شده است. به نظر می‌رسد تعلق محبوبیت شارع مقدس به فعلِ اختیاری، مبیّن جواز و رجحانِ فعل و تعلق عدم‌محبوبیت وی مبیّن عدم‌جواز صدورِ فعل از مکلف است.

The basic financial-administrative document of the government, referred to as the budget, has now found an important and high-ranking position in light of new studies and evolving relationships of governance and regulation. Fewer institutions and public services can be found in the budget without appropriate representation and established rules and figures. In this context, the budget can play a key role in realizing the government's goals. Among these noble aims is poverty alleviation, which involves addressing the causes and factors of production, as well as the promotion of poverty, with the government's involvement. Pesharavi's writing sought to identify the potential capabilities and capacities for preparing and adjusting the poverty alleviation budget by employing a meta-analysis method and utilizing library resources within an interdisciplinary framework. This approach facilitates explanation and analysis. The findings of this research indicate that achieving poverty alleviation and expanding justice through budget tools and their associated rulings and figures requires strategies such as budget transparency, regionalism and localization, fair distribution, and the reduction of hidden subsidies. Additionally, he emphasized the creation and unification of poverty alleviation institutions. Although each of the strategies discussed in the research needs to be studied separately and in detail, it is also essential to consider the political and administrative geography of governments and the economic theories embedded in their legal and management systems when applying these strategies to the budgeting systems of each country.

The decisions of the courts, especially the constitutional courts and councils, are studied in various research from different perspectives. The writing style of these decisions is one important aspect, which relates to other significant issues such as legitimacy, transparency, accountability, and oversight. Direct style is one type of writing style. The question of this paper is to examine constitutional courts and councils in terms of how they write their decisions based on a direct style. This paper addresses this issue using a descriptive-analytical and comparative method. As a result, there is currently a consensus among these institutions regarding the use of a direct writing style. More specifically, today, not only is the writing of decisions by judicial authorities in common law systems direct, but developments in this style are also underway in the judicial institutions of civil law systems, including the French Constitutional Council.

Democracy is intrinsically linked to the phenomenon of elections, the right to self-determination, and the political participation of the people. In this context, electoral promises made by candidates and parties during election campaigns can, despite potentially facilitating the exercise of voting rights appropriately, violate the right of voters to participate and determine their fate due to the lack of oversight over the promises made or the feasibility of their realization. In this descriptive-analytical study, using comparative legal methods, the issue at hand is whether, in the absence of an appropriate pre-electoral oversight structure over candidates' promises in Iran's legal system, legal and judicial responsibility can be attributed for the non-fulfillment of these promises (as a post-electoral approach). Undoubtedly, the answer to this question is illuminated by the considerations and requirements that this writing seeks to express, ultimately leading to the possibility or impossibility of legal action regarding the violation of electoral promises. The conclusion is that in designing an appropriate response, attention must be paid to political legitimacy theories, as well as principles such as: the necessity of distinguishing contractual responsibility from tortious responsibility, adopting a fuzzy approach in explaining responsibility, the need to separate "promise to act" from "promise of result," maximizing compensation for the effects of violations, and the necessity of proving a "causal relationship" between the promise and the vote. The difficulty in realizing these criteria and the subjective nature of some of them pose serious challenges to the possibility of legal action against the violation of electoral promises.

Expressing loyalty to the Constitution, especially its immutable and key principles, is a public commitment. However, this commitment is more sensitively addressed for individuals who are government officials, depending on their level and position within the governance structure. For this reason, one of the general conditions stated in the regulations governing the employment and entry of individuals into government agencies and sensitive positions, including membership in the Islamic Consultative Assembly, is loyalty to the Constitution and its most fundamental principle, namely the absolute guardianship of the jurist. In this context, Clause 4 of Article 28 of the Election Law of the Islamic Consultative Assembly, enacted in 1999 with subsequent amendments, stipulates that one of the conditions for candidates for representation is "expressing loyalty to the Constitution and the progressive principle of the guardianship of the jurist." The main question of this article is how this condition is established. The answer to this question, derived through a descriptive-analytical method and preliminary examination of the concept of loyalty and the basis of this condition, is that loyalty to the Constitution is among the natural rights of governance and is a commitment of the nation, especially in the capacity of government officials. It is expressed both verbally and practically, and it has degrees that must be established through common knowledge (ordinary knowledge or confident suspicion).

The goals of the law are unattainable by any rule and with any quality; therefore, observing criteria in legislation is necessary. In order to increase the quality, effectiveness, and efficiency of legal rules, the main goals of the legislator can also be realized. Based on this, paragraph 9 of the general legislative policies has established a set of criteria to determine the necessary policies in the legislative field for the approval of desired laws. By paying attention to these criteria, we can consider "transparency," "applicability," and "goal provision" among the basic benchmarks of ideal law.Tracking the legislative process reveals the legislator's lack of attention to these criteria in some cases. One such case is the rule of material multiplicity of punishment crimes. Additionally, due to the intensified enforcement of plurality in crime cases and their connection to public order, compliance with these standards becomes even more important. Therefore, this research, using a descriptive-analytical method and library data, aims to answer the question of how the rule of plurality of discretionary crimes is evaluated concerning the requirements of "transparency," "applicability," and "goal provision." The results of this research indicate that these criteria have not been observed in many instances regarding the rule of plurality of discretionary crimes.

Due to the importance of the principle of oversight in the context of public law, the protection of collective trust in representatives, and the principle of equality of all citizens before the law, it can be stated that oversight of the behavior of members of parliament is a given necessity. Just as oversight of the behavior of other officials in the system is important, the methods of monitoring the conduct of representatives are crucial and play a key role in the effectiveness of the oversight institution. Therefore, lawmakers should pay special attention to this and fulfill this important responsibility by analyzing and introducing these methods. The paper presented here aims to answer the question of what the methods of oversight over the behavior of members of parliament are in the United States, the United Kingdom, France, and Iran. In this context, these countries employ techniques such as regular and random declarations of interests, restrictions on representatives regarding receiving benefits outside of parliament, and non-financial oversight methods, such as public complaints about violations of rules related to representatives' conduct and managing representatives' interactions with lobbyists, while also considering the dignity and status of the representatives. In our country, legislative bodies should utilize these methods, taking into account the available legal culture, and ultimately be able to present an appropriate model of oversight.

The telecommunications industry, after being liberalized and removed from state ownership, operates as a "multiple monopoly," whereby telecommunications services are typically provided to consumers by three or four operators. Due to this monopoly, the coordination of matters related to these operators, including tariff determination and license issuance, is the responsibility of the regulatory authority. One of the goals pursued by any regulatory body in the telecommunications industry is to maintain and enhance the competitive environment, which conflicts with the authority of the Competition Council as the general body responsible for competitive affairs. In the U.S. legal system, the Supreme Court has only allowed the enforcement of competition laws when they provide an advantage over regulatory rules, and it has also assumed that there is no advantage in enforcing competition laws. In Iranian law, the telecommunications regulator must always comply with the Competition Council while implementing its decisions and actions; however, regarding tariffs, only the approval of pricing guidelines falls under the Council's jurisdiction. According to the Administrative Justice Court, the determination of prices is the responsibility of the telecommunications regulator, and the Regulatory Authority must set tariffs in accordance with the pricing guidelines announced by the Competition Council.

The idea and the initial plan are the result and creation of the human mind and his Inventiveness; in addition, those play a constructive role in the formation of intellectual creations in both literary & artistic and industrial fields. Although in a developed and just legal system, the protection of the idea seems necessary, but its protection in the framework of intellectual property law faces serious theoretical challenges. The idea is out of not only the scope of protection of national and international intellectual property regulations but also theoretically, its protection and the granting of ownership monopoly to the creators of ideas is not justifiable and unchallenged. In this research, on the one hand, while examining the historical course of the importance and place of ideas in the formation And prosperity of the US film industry and cinema , the necessity of supporting idea makers in order to encourage and expand creative activities is explained, and on the other hand, The impossibility of supporting the idea of intellectual property law is analyzed in the framework and approach of the three theories of Natural rights, the instrumentalist theory of intellectual property rights and the theory of economic analysis. Due to that necessity and this challenge, the formation of the idea legal system is based on the American judicial procedure, which supports the creators of ideas in a different form, apart from intellectual property law and without granting ownership monopoly. Understanding the basics of these necessities and challenges and Understanding law of ideas system and its goals can be a starting point for protecting idea makers in Iran based on the capacities of this field of law.

One of the components of economic prosperity is the existence of an up-to-date and progressive banking system that, in addition to provide modern financial platforms, performs well in providing common general banking services, including various types of payments, to its customers. In this regard, Direct Debit, which is considered a functional and modern way of debit transfer payment order, was analyzed legally in this article. Among the advantages of this bank payment method are its high reliability and flexibility in using in various business applications and transactions, as well as reducing costs and saving the time of the parties involved compared to traditional methods, such as issuing checks or paying by cards, in the related applications. All these advantages are due to the fact that this payment method is based on a contract between the account holder and the beneficiary which gives the latter the right to withdraw money from the account, to the extent the contract permits. As a rule, looking at nature of right, the contract must be generally irrevocable, however the parties may agree on termination clauses. One of the results of this research is that although the characteristics and effects of the mentioned contract are known in a relatively favorable way during the years of its global utilization, beside the existence of special regulations in some other countries, formulation of dynamic regulations compatible with this payment method seems necessary in the domestic banking system to make it work better and also to prevent probable related lawsuits among the parties involved.

The purpose of this paper is to discuss discusses the legal and technological challenges and disputes about the governance and regulation of user-generated video platforms. In this paper, by focusingon the Aparat video service, we will show how the issue of Content management has become a legal challenge. The regulation of video platforms in Iran, whether platforms that provide subscription video-on-demand services or platforms that mediate user-generated content sharing, has created some legal disputes. This conflict has different levels Its first level is related to the definition of video content. Its primary manifestation is the continuation of the conflicts on the definition of "expanded audio and video." The second level is the determination of the regulatory authority. The establishment of Satra and the difference between the Ministry of Culture and Islamic Guidance and the IRIB regarding the institution in charge of this area is remarkable from this point of view. The third level of this controversy is about the mode of content moderation. Considering these different levels, this article shows how these disputes have emerged at the level of content moderation. Presenting a comprehensive communication law in Iran by determining a macro-regulatory body that considers the technological developments of the media, deciding on the limits and responsibilities of users or platforms, and developing a content moderation mechanism are the main suggestions of this article.

The realm of digital property is a new area in the world of technology that must be addressed in different fields, especially law. In our country, the legislator has not yet provided an explicit text regarding the Digital inheritance property. In addition, like intellectual property rights, although digital property is immaterial, they will have a material effect, including patent rights and author's rights, which are recognized in Iranian law; like intellectual property, virtual properties are not physically tangible, but they have the same financial effects and can be classified as property and inheritance. The findings indicate that so far, the Digital inheritance assets have not yet penetrated Iran's laws, and the internal laws in this regard have not been legislated, despite the need and necessity due to the widespread use of these properties, there was no change in the recognition of digital assets. In this case, do digital properties have a place in Iran's law to be recognized as property or not? The Vice President of New Technologies of the Central Bank published a draft of the requirements and regulations in the field of cryptocurrencies in February 2017, and the bill that was recently submitted to the parliament is an attempt to the legal framework and define the rules of digital property in property can be considered with indulgence. According to the general rules governing material property, the digital property can also be considered as part of the property, be inherited, and at the same time be demanded, divided, and traded. The research method in this article is descriptive-analytical.

Preventing crimes related to counterfeit drugs, due to the technologies used in the production and distribution of these drugs, will not have a bright outlook with traditional methods such as field surveillance. Therefore, adopting appropriate preventive measures requires the use of innovative technologies capable of detecting these crimes on a large scale and with high accuracy. In this regard, artificial neural networks such as recurrent neural networks, generative adversarial networks, and convolutional neural networks, inspired by the structure of the human brain, are capable of detecting these crimes. However, each of these networks has its drawbacks, ignoring which makes the legal system face difficulties in preventing these crimes. Therefore, the present study, through a case study method, seeks to identify the most efficient neural network for preventing these crimes. The outcome of this research indicates that the legislature has paid special attention to the monitoring technique in the prevention domain but has not defined the tools for this monitoring. Nevertheless, the Food and Drug Administration, using the Titac system (tracking code), identifies the discovery of crimes in this area. However, due to the non-intelligence of the system, it will not be able to detect all forms of fraud. Therefore, simultaneous use of three networks (recurrent neural networks, generative adversarial networks, and convolutional neural networks) in the form of a composite neural network seems to improve the detection of drug crimes on a large scale.

∴ Introduction ∴ The principle of benevolence, or Ehsan, is a foundational concept in Islamic jurisprudence, which emphasizes altruism, sacrifice, and service to others. Given the social nature of human beings, there is a continuous need for individuals to integrate into the community and engage in mutual assistance. However, this integration often leads to conflicts of interest and potential rights violations due to inherent traits like greed and the pursuit of power. To mitigate such conflicts, laws and principles, including civil liability, are essential in ensuring justice and protecting individuals' rights. Civil liability, or non-consensual liability, holds individuals accountable for any harm they cause to others, requiring them to compensate for the loss. Contrary to the strict application of civil liability, Islamic jurisprudence introduces the principle of benevolence. This principle acknowledges that individuals driven by altruism may inadvertently cause harm while attempting to benefit others. In such scenarios, the primary ruling of non-consensual liability is overlooked, and the principle of benevolence exempts the well-intentioned individual from liability. The increasing complexity of modern societal needs underscores the importance of benevolence and mutual assistance. Promoting a culture of benevolence is vital for educational systems and institutions, and Islamic law has long advocated for this through significant principles like Ehsan. This study aims to provide a comprehensive examination of the principle of benevolence from an educational perspective within Islamic jurisprudence. It seeks to identify the educational criteria and standards that define the value of benevolent acts and document their educational reflections in human relationships as perceived by both Western and Islamic scholars. The study also explores the educational applications and implications of Ehsan, highlighting the roles of educational institutions and media in fostering a culture of benevolence. ∴ Research Question ∴ The central research question guiding this study is: How can the principle of benevolence (Ehsan) be effectively integrated into educational systems to promote a culture of altruism and mutual assistance in contemporary society? To address this overarching question, the study will explore several subsidiary questions, including: What are the jurisprudential foundations of the principle of benevolence in Islamic law? How do educational theories and practices in Islamic jurisprudence define and value acts of benevolence? What are the similarities and differences in the conceptualization of benevolence between Islamic and Western educational perspectives? How can educational institutions, media, and cyberspace contribute to promoting benevolence among different societal segments? ∴ Research Hypothesis ∴ The hypothesis underpinning this research posits that integrating the principle of benevolence into educational systems can significantly enhance social cohesion and mutual assistance. Specifically, the hypothesis can be broken down as follows: The principle of benevolence, rooted in Islamic jurisprudence, offers a robust framework for fostering altruistic behavior and social responsibility. Educational institutions that incorporate the principles of Ehsan into their curricula and culture can effectively instill values of altruism, service, and community engagement in students. Media and cyberspace, when utilized strategically, can amplify the promotion of benevolence and reach a broader audience, thereby reinforcing these values across different societal segments. ∴ Methodology & Framework, if Applicable ∴ The study employs a multi-disciplinary approach, combining jurisprudential analysis with educational theory and practical applications. The methodology involves several key components: Jurisprudential Analysis: A detailed examination of Islamic legal texts and scholarly interpretations to elucidate the principle of benevolence. Comparative analysis with Western legal and educational theories to highlight convergences and divergences. Educational Theory: Exploration of educational theories and principles that align with the concept of benevolence. Identification of criteria and standards used to evaluate the educational value of benevolent acts. Examination of media campaigns and cyberspace initiatives that have promoted altruism and mutual assistance. Interviews and Surveys: Conducting interviews with scholars, educators, and students to gather insights into the practical applications of Ehsan in education. Surveys to assess the impact of benevolence-focused educational programs and media campaigns on students and the general public. Documentary Analysis: Review of educational curricula, media content, and cyberspace materials to evaluate how benevolence is portrayed and promoted. The framework for this study is built upon the integration of these methodologies, providing a comprehensive understanding of the principle of benevolence from both jurisprudential and educational perspectives. This approach allows for a thorough investigation of how Ehsan can be operationalized in contemporary educational systems to foster a culture of altruism and mutual assistance. In summary, the study aims to bridge the gap between jurisprudential principles and educational practices, offering insights into how the principle of benevolence can be effectively integrated into modern educational frameworks. By doing so, it seeks to contribute to the development of a more cohesive and supportive society where mutual assistance and altruism are highly valued and actively promoted. ∴ Results & Discussion ∴ The investigation into the principle of benevolence (Ehsan) from an educational perspective reveals several key findings that underscore its significance and practical applications in contemporary society. These findings demonstrate the profound impact of integrating benevolence into educational frameworks and the broader implications for fostering a culture of altruism and mutual assistance. Key Findings: Intrinsic Value of Benevolence: The study confirms that benevolence holds intrinsic value, deeply rooted in both Islamic jurisprudence and universal ethical principles. This intrinsic value is reflected in the positive moral and spiritual outcomes of benevolent actions, which are emphasized in numerous Quranic verses and Hadiths. The principle of benevolence promotes ethical conduct and moral integrity, which are essential components of a holistic educational system. Altruism and Educational Outcomes: Altruism, as a core component of benevolence, significantly enhances educational outcomes. The presence of altruistic values in educational settings fosters a sense of community, empathy, and social responsibility among students. This is crucial for developing well-rounded individuals who are not only academically proficient but also socially conscious and morally responsible. Worldly and Hereafter Benefits: The dual aspects of benevolence—worldly benefits and advantageous effects in the hereafter—provide a comprehensive framework for understanding its importance. In the worldly context, benevolent actions contribute to social cohesion, mutual support, and overall well-being. The promise of rewards in the hereafter further incentivizes individuals to engage in acts of kindness and service, reinforcing the principle's significance from a spiritual perspective. Addressing Material and Spiritual Needs: Benevolence encompasses addressing both material and spiritual needs. This dual focus ensures that individuals receive holistic support, which is vital for their overall development. Educational programs that incorporate benevolence can address various dimensions of student needs, promoting a balanced and comprehensive approach to education. Negative and Irrational Individualism: The research highlights a concerning trend of negative and irrational individualism among students in educational centers. This individualism, driven by self-interest and personal gain, is contrary to the principles of benevolence and altruism. Addressing this issue requires a concerted effort to cultivate a culture of generosity, cooperation, and mutual support within educational institutions. Role of Media and Cyberspace: The study underscores the pivotal role of media and cyberspace in promoting benevolence. These platforms provide opportunities for the public to engage with and support benevolent initiatives. Educational campaigns leveraging media and cyberspace can reach a wider audience, effectively disseminating the values of altruism and service. Discussion: The principle of benevolence, when integrated into educational systems, offers a transformative approach to developing socially responsible and morally upright individuals. This integration requires a multifaceted strategy that includes curriculum design, educational activities, and the use of media and cyberspace. Curriculum Design: Incorporating benevolence into the curriculum involves designing educational programs that emphasize ethical values, social responsibility, and community service. Courses and activities that promote altruism, empathy, and mutual support can foster a positive educational environment conducive to holistic development. Educational Activities: Engaging students in charitable activities and community service projects is crucial for practical learning. These activities provide hands-on experience in applying benevolent principles, allowing students to witness the tangible impact of their actions on the community. Educational institutions should create opportunities for students to participate in such initiatives, reinforcing the importance of altruism and service. Media and Cyberspace: Leveraging media and cyberspace to promote benevolence can significantly enhance outreach and engagement. Educational campaigns and social media initiatives that highlight stories of benevolence and service can inspire others to follow suit. These platforms can also facilitate discussions and raise awareness about the importance of altruism, creating a supportive community that values and practices benevolence.‌ ∴ Conclusion ∴ ‌Promoting a culture of benevolence and service is not only an educational necessity but also a moral imperative. Islamic law, with its emphasis on the principle of benevolence, provides a robust framework for fostering altruism and mutual assistance. This principle, deeply rooted in ethical and spiritual values, offers significant educational benefits, contributing to the development of well-rounded, socially responsible individuals. Benevolence encompasses both the prevention of harm and the provision of benefit, reflecting a comprehensive approach to human relationships. The educational criteria for valuing benevolence—intrinsic value, altruism, worldly benefits, and hereafter rewards—highlight its multifaceted significance. Addressing both material and spiritual needs ensures holistic support for individuals, promoting balanced development. The study's findings reveal a concerning trend of negative individualism among students, underscoring the need for educational systems to cultivate a culture of generosity and cooperation. This can be achieved through curriculum design, educational activities, and leveraging media and cyberspace to promote benevolence. The principle of benevolence as an educational rule implies that the trainee's selectivity and goodwill are paramount. Acts of benevolence should stem from innate and human nature, free from external compulsion. This principle's implications for educational planning and curriculum design emphasize the scope of good deeds and the necessity of aligning educational practices with human nature. In conclusion, integrating the principle of benevolence into educational systems offers a transformative approach to fostering a culture of altruism and mutual assistance. By promoting ethical values, social responsibility, and community service, educational institutions can develop individuals who are not only academically proficient but also morally upright and socially conscious. This holistic approach ensures that education contributes to the overall well-being of society, creating a more cohesive and supportive community where mutual assistance and altruism are highly valued and actively practiced.

∴ Introduction ∴ The rapid expansion of commercial advertising, especially through television, has created significant societal and cultural impacts. The unique attributes of television—its vast reach, diverse audience, and combination of visual and auditory stimuli—make it an exceptionally potent medium. This influence, however, is a double-edged sword, capable of both positive and negative effects. Television advertising, driven by modern nihilism and neoliberal ideologies, often oversteps reasonable boundaries, potentially causing cultural harm. The definition of culture, as articulated by Taylor, includes an array of elements such as language, religion, art, law, and morality, all of which can be affected by television commercials. Television advertisements interact intimately with public culture and societal norms, leading to significant legal challenges. Consequently, nations worldwide have instituted laws to regulate television advertising, curbing misleading advertisements and other violations even within free-market economies. In Iran, where cultural values are deeply rooted and the rule of law is paramount, it is crucial to scrutinize the legal boundaries of television advertising to mitigate its potentially anti-cultural impacts. This research investigates the legal frameworks that address the cultural impacts of television advertising in Iran. It aims to delineate the existing regulations and assess the effectiveness of these legal norms in safeguarding Iranian cultural values against the detrimental effects of commercial advertising. ∴ Research Question ∴ The main question of this study is: "What are the legal requirements for addressing the anti-cultural effects of television advertising in the Iranian legal system?" This question arises from the need to understand how existing laws in Iran regulate television advertising to protect cultural values and societal norms. It seeks to explore the adequacy of these regulations in countering the cultural degradation caused by commercial advertising. ∴ Research Hypothesis ∴ The central hypothesis of this study posits that despite the existence of numerous legal norms aimed at curbing the anti-cultural effects of television advertising, these objectives have not been fully realized. The hypothesis suggests that the current legal norms are fragmented and inadequately enforced, failing to effectively mitigate the cultural harms posed by television commercials. Unlike prior research, which has predominantly focused on the ethical and jurisprudential aspects of television advertising, this study emphasizes the legal norms governing the cultural impacts of television advertising. It hypothesizes that a more consolidated and refined legal framework is necessary for effectively regulating the cultural consequences of television advertising in Iran. ∴ Methodology & Framework, if Applicable ∴ This study adopts a qualitative and practical approach, primarily utilizing library-based research methods. The methodology involves a comprehensive analysis of existing legal documents, regulations, and policies that govern television advertising in Iran. The research framework is structured as follows: Literature Review: The literature review encompasses a thorough examination of previous studies on the cultural impacts of television advertising. This includes both Iranian and international perspectives, providing a comparative analysis of different regulatory approaches. The review highlights gaps in the existing literature, particularly the lack of focus on the legal aspects of cultural regulation in television advertising. Legal Analysis: The legal analysis involves scrutinizing the Iranian legal framework, including the constitution, statutory laws, and regulations related to television advertising. This analysis aims to identify the specific legal provisions that address the cultural impacts of television advertising and evaluate their effectiveness. Case Studies: Case studies of specific television advertisements in Iran are examined to illustrate the practical application of the legal norms. These case studies help to understand how current regulations are enforced and identify any discrepancies or shortcomings in their implementation. Interviews with Legal Experts: Interviews with legal experts, policymakers, and practitioners in the field of media law are conducted to gain insights into the practical challenges and potential solutions for regulating the cultural impacts of television advertising. These interviews provide valuable perspectives on the effectiveness of existing legal norms and suggest areas for improvement. Comparative Analysis: A comparative analysis is conducted to examine how other countries regulate the cultural impacts of television advertising. This analysis provides insights into best practices and potential strategies that could be adopted in the Iranian context. Synthesis and Recommendations: The final stage of the methodology involves synthesizing the findings from the literature review, legal analysis, case studies, interviews, and comparative analysis. Based on this synthesis, recommendations are made for refining and consolidating the legal framework governing television advertising in Iran. These recommendations aim to enhance the effectiveness of legal norms in protecting cultural values against the negative impacts of commercial advertising. ∴ Results & Discussion ∴ The study has meticulously analyzed the Iranian legal framework concerning television advertising and its cultural impacts. The research reveals that despite the establishment of extensive legal norms aimed at preventing the anti-cultural effects of television commercials, these norms have not fully achieved their intended objectives. The study identifies several critical findings: Comprehensive Legal Norms: Over the past four decades, Iran has developed a comprehensive set of legal norms at three levels—constitutional, ordinary laws, and specific regulations of the IRIB. These norms cover a wide array of areas, including economic distribution and consumption, women and family, children, ethics, social customs, audience and consumer rights, religious and jurisprudential rules, Persian language and literature, domestic and foreign policy, national independence, patriotic values, and social justice. Persistent Anti-Cultural Effects: Despite these extensive regulations, television commercials in Iran continue to exhibit anti-cultural and destructive elements. Issues such as consumerism, unrealistic lifestyles, feelings of inferiority, extravagance, fashion obsession, instrumental use of women and children, and reinforcement of social inequalities remain prevalent in commercial advertisements. Legislative Ambiguity and Enforcement Gaps: The study finds that the primary root of these problems is not the absence of legal norms but rather the ambiguity and lack of thoroughness in existing laws. This results in ineffective enforcement and compliance. The lack of clear oversight and enforcement mechanisms further exacerbates the situation, leading to widespread violations of legal norms in television advertising. Institutional Conflicts and Inefficiencies: The consolidation of legislative, executive, oversight, criminalization, and judicial roles within the General Directorate of Commerce of IRIB has led to significant issues. These include conflicts of interest, lack of independence, inefficiency, and lack of accountability. Such institutional arrangements hinder the proper enforcement of legal norms and prevent the establishment of effective oversight and judicial procedures. The discussion focuses on the implications of these findings and explores potential solutions to address the identified issues. Key points include: Need for Legislative Clarity and Precision: The study underscores the need for clearer and more precise legislative norms to effectively regulate television advertising. Laws should be specific, unambiguous, and comprehensive, covering all aspects of commercial advertising that could potentially harm cultural values. Enhanced Oversight and Enforcement Mechanisms: Effective enforcement of legal norms requires robust oversight mechanisms. Independent regulatory bodies, free from conflicts of interest, should be established to monitor and enforce compliance with advertising regulations. These bodies should have the authority to impose penalties and take corrective actions against violators. Institutional Reforms: The study advocates for institutional reforms to address the conflicts of interest and inefficiencies within the IRIB. Separating the legislative, executive, and judicial roles related to television advertising can help ensure greater transparency, accountability, and effectiveness in regulatory processes. Public Awareness and Education: Raising public awareness about the cultural impacts of television advertising is crucial. Educational campaigns can help audiences recognize and critically evaluate the content of advertisements, reducing their susceptibility to harmful influences. International Best Practices: The study suggests looking at international best practices in regulating television advertising. Comparative analysis with other countries can provide valuable insights and strategies that could be adapted to the Iranian context, enhancing the effectiveness of local regulations. Holistic Cultural Policies: Addressing the anti-cultural effects of television advertising requires a holistic approach. Cultural policies should integrate various aspects of society, including media regulation, education, and public policy, to create a cohesive framework that supports cultural preservation and promotes positive values. ∴ Conclusion ∴ The findings of this study highlight the Iranian legal system's attention to regulating the cultural impacts of television advertising. However, the persistence of anti-cultural elements in commercials indicates significant gaps in the enforcement and effectiveness of these regulations. The study concludes that: The existing legal norms, while comprehensive, lack the clarity and thoroughness needed for effective enforcement. Institutional arrangements within the IRIB contribute to conflicts of interest, inefficiency, and lack of accountability, hindering proper regulation of television advertising. Effective solutions require legislative reforms to clarify and strengthen legal norms, the establishment of independent oversight bodies, and institutional reforms to ensure transparency and accountability. Public awareness and education, coupled with international best practices, can enhance the regulatory framework and mitigate the cultural harms of television advertising. This research underscores the need for a multi-faceted approach to address the anti-cultural effects of television advertising in Iran, combining legislative, institutional, and public policy reforms to protect cultural values and public order.

∴ Introduction ∴ The concept of "spontaneous mental occurrence" or "Tabador" (springing to the mind first) plays a critical and intricate role within Islamic jurisprudential theory and practice. The term, deeply rooted in the tradition of Principles of Islamic jurisprudence [Usul al-Fiqh], denotes an immediate and intuitive perception or understanding of concepts without the need for deliberative thought. This concept is pivotal for understanding how Sharia rulings are derived and applied. In Islamic jurisprudence, the relevance and applicability of a Sharia ruling depend fundamentally on its subject matter; the ruling is only operative if its respective subject exists. Thus, the spontaneous mental occurrence helps bridge the cognitive gap between the abstract rule and its practical subject, making the law's application both possible and meaningful. In the context of legal reform, especially within the framework of Islamic codified laws, understanding and validating the role of spontaneous mental occurrence becomes crucial. This is due to its potential to either solidify or undermine the legitimacy and effectiveness of legal interpretations and applications in contemporary contexts. ∴ Research Question ∴ The primary research question of this article is: how does spontaneous mental occurrence [Tabador] influence the interpretation of legal-jurisprudential propositions in the post-legislative validation process of Islamic codified laws? This question is examined through the lens of both traditional Islamic jurisprudence and contemporary legal challenges, seeking to establish whether this concept can consistently provide a reliable basis for interpreting the words of the lawgiver as they were intended at the time of legislation, and how it translates into current legal applications. ∴ Research Hypothesis ∴ The hypothesis posited in this research is that spontaneous mental occurrence, while historically significant and deeply embedded in Islamic jurisprudential practice, may face substantial challenges in its application to modern legal systems due to the dynamic nature of language and societal evolution. These challenges primarily involve the conjectural nature of interpreting historical texts with contemporary meanings, which may lead to discrepancies between original legislative intents and current understandings. The research aims to assess the validity of spontaneous mental occurrence in bridging these interpretative gaps, with a focus on whether it can be reliably used without succumbing to conjectural inaccuracies and historical disconnections. ∴ Methodology & Framework, if Applicable ∴ This article employs a doctrinal and critical approach, utilizing a descriptive-analytical methodology to examine the concept of spontaneous mental occurrence in principles of Islamic jurisprudence. The research framework is multidisciplinary, drawing from both Eastern and Western philosophical traditions, including the works of prominent philosophers and logicians such as Ibn Sina and Martin Heidegger, as well as Islamic scholars of Islamic jurisprudence. This broad perspective allows for a comprehensive analysis of the concept from various philosophical and legal angles. The methodology involves a critical review of historical and contemporary texts on principles of Islamic jurisprudence, analysis of case studies where spontaneous mental occurrence has been applied, and a comparative study with other legal systems where similar concepts might exist. Additionally, the research incorporates discussions with contemporary Islamic scholars and jurists to understand current perspectives and applications of spontaneous mental occurrence in legal interpretations. This blend of theoretical analysis and practical inquiry is designed to thoroughly examine the strengths and weaknesses of relying on spontaneous mental occurrence for legal interpretation in the modern era. This framework is intended to not only validate the concept of spontaneous mental occurrence from a historical and theoretical viewpoint but also to critically assess its applicability and effectiveness in contemporary legal scenarios, where the distance between the time of legislation and current application poses unique challenges. Through this multidimensional analysis, the research aims to provide a nuanced understanding of how spontaneous mental occurrence can function as a tool for legal interpretation and reform in the context of Islamic codified laws. ∴ Results & Discussion ∴ The investigation into the role of spontaneous mental occurrence [Tabador] in the interpretation of legal-jurisprudential propositions reveals both complexities and significant insights. The research highlights that while spontaneous occurrence is a fundamental concept within Islamic jurisprudence, it encounters critical challenges when applied to the interpretation of laws in a contemporary context. Firstly, the study found that spontaneous occurrence often does not consistently bridge the gap between the historical meanings of words and their current interpretations. This inconsistency is primarily due to the dynamic nature of language and societal evolution, which can lead to a divergence between the original intents of the lawgiver and contemporary understandings. This divergence challenges the assertion that spontaneous occurrence can serve as a reliable tool for post-legislative interpretation and validation of Islamic codified laws. Moreover, the research critically addresses the logical relationship between spontaneous occurrence and truth. It underscores that while spontaneous occurrence may reveal a real meaning of a word, it does not necessarily equate to the discovery of the true link between the word and its meaning, which is a more comprehensive and deliberative process. This finding implies that spontaneous occurrence should be viewed as a sign of potential meaning rather than a definitive source of truth. The study points out the risk of conflating these two aspects, which can lead to misinterpretations and subsequent legal inaccuracies. Additionally, the results bring to light the problem of conjecture in spontaneous occurrence. The research elaborates on how jurists, while attempting to interpret legal texts based on their intuitive understanding, may rely on speculative and conjectural assumptions. This reliance is particularly problematic when these interpretations are used to bridge historical and contemporary meanings, often resulting in compounded speculation which lacks a solid evidential foundation. This aspect is crucial because it directly impacts the validity of jurisprudential rulings derived from such interpretations, which can subsequently influence the revision of laws. Another significant finding is the issue of logical circularity associated with spontaneous occurrence. The study explores how spontaneous occurrence can lead to a circular fallacy, where the interpretation of a term depends on an assumed understanding which itself is based on the interpretation. This circularity undermines the reliability of spontaneous occurrence as a method for legal interpretation. However, the research suggests that this problem can be addressed by distinguishing between different types of knowledge—intermediate and detailed—which can help mitigate the risk of circular reasoning.‌ ∴ Conclusion ∴ ‌The study concludes that while spontaneous mental occurrence holds a traditional and significant place in Islamic jurisprudential theory, its application in the contemporary interpretation of laws faces substantial challenges. These challenges stem from the inherent limitations of spontaneous occurrence, including its conjectural nature and susceptibility to logical circularities. Furthermore, the research articulates that spontaneous occurrence, by itself, does not always provide a reliable basis for interpreting the true meanings of legal texts, especially when these texts are subject to historical and cultural distances from their original context. This realization necessitates a more nuanced approach to legal interpretation, one that integrates spontaneous occurrence with other interpretative tools and methodologies, such as historical-semantic analysis and the critical use of modern legal theories. The findings underscore the necessity for Islamic jurists and lawmakers to reconsider the reliance on spontaneous occurrence as a sole indicator of legal meanings. Instead, a combined approach, employing both traditional and contemporary interpretative methods, is recommended to ensure that legal interpretations remain relevant and accurate in today's diverse and evolving societal contexts. Finally, the implications of this study are profound for the reform of Islamic codified laws. It provides a scholarly basis for questioning the current interpretative practices and suggests a pathway for reforming substantive laws, including civil and penal laws, which have often been critiqued for not aligning with international norms and human rights standards. By recognizing the limitations of spontaneous occurrence and advocating for a multidimensional interpretative strategy, this research contributes to the ongoing dialogue on legal reform in Islamic countries, encouraging a reevaluation of laws in light of both traditional wisdom and contemporary demands.

‌ ∴ Introduction ∴ ‌The concept of Islamic banking is grounded in principles that emphasize rights, justice, and public welfare, aiming to manifest human ethics in financial transactions. Unlike conventional banking, Islamic banking prohibits unethical practices such as usury (Riba), risk/uncertainty (Gharar), and trading in forbidden goods. This ethical framework mandates that profits and losses in economic activities must be shared among capital, labor, and management, fostering a fairer financial ecosystem. However, the practical implementation of these principles often encounters challenges due to governance issues, lack of transparency, and bureaucratic inefficiencies. Blockchain technology, with its decentralized, transparent, and secure nature, presents an opportunity to address these challenges. By facilitating peer-to-peer transactions without the need for intermediaries, blockchain can potentially enhance the efficiency and ethical compliance of Islamic banking. This article examines the role of blockchain in realizing the ideals of Islamic banking, with a particular focus on its compatibility with the constitutional framework of the Islamic Republic of Iran.‌ ∴ Research Question ∴ ‌The primary research question of this study is: "what is the capability of blockchain in realizing true Islamic banking?" This question addresses the potential of blockchain technology to align with and enhance the principles of Islamic banking, particularly within the legal and ethical confines of the Iranian constitutional framework. The study seeks to explore whether blockchain can offer a viable solution to the challenges faced by Islamic banking, such as governance issues, lack of transparency, and adherence to Sharia principles.‌ ∴ Research Hypothesis ∴ ‌The research hypothesis posits that blockchain technology is not only compatible with the foundational principles of Islamic banking but also significantly aids in achieving its goals. The hypothesis is based on the premise that blockchain’s inherent characteristics—decentralization, transparency, and security—can enhance the ethical and operational aspects of Islamic banking. Specifically, the hypothesis suggests that blockchain can: Facilitate Sharia-compliant transactions by ensuring transparency and accountability. Reduce operational costs and risks by eliminating intermediaries. Enhance trust and credibility in Islamic financial institutions. Address governance issues through a decentralized and democratic framework.‌ ∴ Methodology & Framework, if Applicable ∴ ‌This study employs a multifaceted methodological approach, incorporating doctrinal, legal, economic, and comparative analyses to investigate the role of blockchain in Islamic banking. The research methodology is structured as follows: Doctrinal Analysis: This involves a detailed examination of Islamic legal principles related to banking and finance, focusing on the ethical and jurisprudential underpinnings of Islamic banking. Legal Analysis: This component analyzes the legal framework governing Islamic banking in Iran, including constitutional provisions and regulatory guidelines. The study assesses how blockchain technology can be integrated into this framework to support Sharia-compliant financial practices. Economic Analysis: The economic implications of adopting blockchain in Islamic banking are examined, particularly in terms of cost efficiency, risk management, and financial inclusion. The analysis considers the potential impact on various stakeholders, including banks, customers, and regulators. Comparative Analysis: This involves a comparative study of three governance models in banking: traditional bureaucracy, private blockchain, and public blockchain. The comparative framework evaluates the effectiveness of each model in terms of transparency, efficiency, and adherence to ethical standards. Framework Application: The application of the research methodology is guided by the following steps: Comparative Evaluation: The three governance models—traditional bureaucracy, private blockchain, and public blockchain—are evaluated against a set of ethical and operational criteria. This evaluation identifies the strengths and weaknesses of each model in supporting the goals of Islamic banking. Policy Recommendations: Based on the findings, the study offers policy recommendations for regulators and financial institutions on how to leverage blockchain technology to enhance the ethical and operational aspects of Islamic banking. By adopting this comprehensive methodological framework, the study aims to provide a detailed and nuanced understanding of the role of blockchain in Islamic banking, with a particular focus on the context of Iran.‌ ∴ Results & Discussion ∴ ‌The investigation into the role of blockchain technology in realizing Islamic banking within the framework of the Islamic Republic of Iran has yielded several key findings. First and foremost, blockchain’s alignment with Sharia and ethical principles is evident in its foundational characteristics. The transparency, immutability, and decentralized nature of blockchain ensure that transactions can be conducted in a manner that upholds justice and fairness, fundamental tenets of Islamic finance. Compatibility with Sharia Principles: The results indicate that blockchain technology does not inherently contradict Sharia financial principles. Smart contracts, which are self-executing contracts with the terms directly written into code, can be designed to comply with Sharia rules. For instance, the prohibition of usury [Riba] can be enforced by coding interest-free transaction terms. Similarly, the avoidance of risk [Gharar] can be ensured through transparent and pre-defined contract conditions. Challenges and Solutions: One significant challenge identified is the anonymity feature inherent in public blockchain networks. While anonymity can protect user privacy, it also poses risks related to organized crime and tax evasion. Advanced solutions from other countries, such as Know Your Customer (KYC) protocols, can be implemented to mitigate these risks. KYC processes are essential to verify user identities and ensure that blockchain applications in Islamic banking remain secure and ethical. Advantages Over Conventional Banking: Blockchain technology offers several advantages over traditional banking practices, particularly in addressing the goals outlined in the Iranian Constitution. These advantages include: Rights and Justice: Blockchain ensures transparent and tamper-proof records of transactions, promoting fairness and reducing opportunities for corruption. This aligns with the constitutional values of justice and equity. Cooperation and Qard al-Hasan: Blockchain facilitates the expansion of cooperative financial practices, such as interest- free loans [Qard al-Hasan]. Smart contracts can automate the management and distribution of these loans, ensuring compliance with Sharia principles and enhancing trust among participants. Preventing Corruption and Collusion: The immutable nature of blockchain records makes it difficult to alter transaction histories, thereby preventing corruption and collusion. This characteristic is vital for maintaining a healthy and stable economy, crucial for addressing economic crises like inflation and injustice. Framework for Implementation: To harness these benefits, it is crucial to establish a regulatory framework that combines the decentralized advantages of blockchain with necessary institutional oversight. This framework should incorporate identity verification mechanisms, compliance with Sharia law, and guidelines for ethical conduct in financial transactions.‌ ∴ Conclusion ∴ ‌The research concludes that blockchain technology is compatible with the ethical and Sharia principles underlying Islamic banking. The implementation of blockchain can address many of the current shortcomings in conventional banking systems, such as corruption, lack of transparency, and inefficiency, which have hindered the full realization of Islamic banking principles. Blockchain’s decentralized and transparent nature aligns well with the goals of Islamic finance, ensuring justice, fairness, and ethical conduct. However, to fully integrate blockchain into Islamic banking, it is essential to address the challenge of anonymity through robust KYC protocols and institutional regulations. This will prevent misuse and ensure that blockchain-based Islamic banking systems are secure and compliant with both ethical standards and Sharia law. Moreover, blockchain can play a significant role in transforming traditional banking roles, potentially rendering them obsolete in the coming decades. The technology’s ability to provide direct peer-to-peer financial services without intermediaries can reduce costs, increase efficiency, and enhance trust in the financial system. In conclusion, while blockchain presents numerous benefits for Islamic banking, its successful implementation requires a balanced approach that leverages its technological advantages while ensuring compliance with ethical and legal standards.

∴ Introduction ∴ Venture capital investment involves infusing capital, providing managerial services, and planning for capital exit in young, innovative, and growing companies. These distinctive characteristics separate venture capital contracts from other financial agreements. Recognized globally by leaders in both governmental and economic spheres, venture capital investment has proven crucial for economic development and technological advancement. Noteworthy examples include the semiconductor industry and companies such as Microsoft and Facebook (Meta), which have substantially benefited from venture capital investments. For instance, M12, formerly known as Microsoft Ventures, serves as Microsoft’s venture capital firm, investing in startups and technological projects focused on artificial intelligence, software development, and cybersecurity. Similarly, Facebook has established an internal unit dedicated to venture capital investment in new technologies. These ventures highlight the pivotal role of venture capital contracts in driving economic progress within contemporary managerial and economic systems. However, the agreements and regulations underlying venture capital contracts can create potential conflicts between the rights of the capital recipient and the investor, as evidenced by studies within the US legal system. To mitigate such conflicts, there is a need to redefine the nature of these contracts in accordance with Islamic jurisprudence. In Iran, despite laws and regulations advocating for the support and development of venture capital investments, the legitimacy, validity, and nature of venture capital contracts under the Iranian legal system and Islamic jurisprudence have not been thoroughly explored. This research aims to fill this gap by refuting claims of illegitimacy, establishing the legitimacy of venture capital contracts, and demonstrating their compatibility with Islamic participation agreements while clarifying their incompatibility with other nominate contracts. ∴ Research Question ∴ The central research question of this study is: How can the nature of venture capital contracts be reinterpreted within the framework of Islamic jurisprudence to address claims of their speculative and irrational nature, thereby establishing their legitimacy and validity in both Islamic and Iranian legal systems? ∴ Research Hypothesis ∴ The hypothesis driving this research posits that venture capital contracts, when scrutinized under Islamic jurisprudence, can be deemed legitimate and valid. This legitimacy hinges on demonstrating that these contracts align with the principles of Islamic finance and jurisprudence, particularly through the framework of participation agreements. The study hypothesizes that the speculative and irrational concerns associated with venture capital contracts can be addressed by redefining their nature within the Islamic legal context, thus proving their compatibility with the principles of trade and profit-sharing recognized in Islamic law. ∴ Methodology & Framework, if Applicable ∴ This research employs a library-documentary method for data collection and a descriptive-analytical approach for data analysis. The study involves deducing, interpreting, and reasoning findings from documents, with extensive references to the texts and opinions of Islamic jurists and legal scholars. The methodological framework includes: Reviewing existing literature on venture capital contracts in both Western and Islamic legal contexts. Analyzing the principles of Islamic jurisprudence to understand the legitimacy of venture capital contracts. Examining the compatibility of venture capital contracts with various nominate contracts in Islamic jurisprudence, such as sale, partnership, reward, and participation agreements. Utilizing the principles of the Qur'an, specifically the general verse "Allah has permitted trade" (Surah Al-Baqarah - 275), the rule of the Muslim market, and the principle of legitimacy to argue for the validity of venture capital contracts. ∴ Results & Discussion ∴ The study finds that venture capital contracts, despite their modern inception, can be aligned with the principles of Islamic jurisprudence, particularly through the lens of participation agreements. The key results and discussions include: Legitimacy in Islamic Jurisprudence: The venture capital contract is legitimized by the principle of the validity of contracts and the Qur'anic verse permitting trade. This legitimacy is further supported by the rule of the Muslim market and the overarching principle of legitimacy in Islamic law. Compatibility with Nominate Contracts: The venture capital contract shares significant similarities with the participation agreement in Islamic jurisprudence. Both contracts involve the mixing of assets, shared ownership, and management of these assets according to agreed terms. The division of profits and losses based on co-owned shares in both contracts further establishes this compatibility. Addressing Hazardous and Irrational Claims: The speculative nature of venture capital investments, while inherent to their high-risk, high-reward paradigm, can be rationalized within Islamic jurisprudence by emphasizing the profit-sharing and risk-bearing principles foundational to Islamic finance. Economic and Technological Impact: By legitimizing venture capital contracts within the Islamic legal framework, the study underscores their potential in fostering economic development and technological innovation, as evidenced by successful global examples. ∴ Conclusion ∴ This research concludes that venture capital contracts, while modern, can be reconciled with the principles of Islamic jurisprudence, particularly through the framework of participation agreements. By proving their legitimacy based on Islamic legal principles, the study establishes their validity within the Iranian legal system. The key findings are: Venture capital contracts are legitimate and valid under Islamic jurisprudence, supported by the Qur'anic principles of trade and the rule of the Muslim market [Souq al-Muslimeen]. These contracts align closely with the participation agreement in Islamic jurisprudence, sharing critical elements such as asset mixing, shared ownership, and profit-loss distribution. Addressing the speculative and irrational concerns associated with venture capital contracts can be achieved by emphasizing their alignment with the risk-sharing principles of Islamic finance. The research highlights the significant role of venture capital contracts in economic and technological advancement, advocating for their broader acceptance and integration within Islamic legal systems. By establishing the legitimacy and redefining the nature of venture capital contracts within Islamic jurisprudence, this study paves the way for their acceptance and utilization in fostering economic growth and innovation, particularly within Islamic countries like Iran.

∴ Introduction ∴ ‌The legal and economic implications of bankruptcy are profound, influencing not only the financial health of individuals and businesses but also the stability and fairness of the broader economic system. The concept of bankruptcy, as understood in contemporary Iranian law, is a construct with origins that can be traced back to the enactment of the Iranian Commercial Code of 1932. This legislation borrowed significantly from the Napoleonic Code, incorporating principles aimed at ensuring equal treatment of creditors. The contemporary Iranian legal framework for bankruptcy primarily focuses on preventing preferential treatment among creditors and safeguarding the collective interests of all creditors against unilateral actions by the debtor. However, the notion of bankruptcy is not entirely novel within the Iranian context. Traditional Islamic jurisprudence has long recognized a similar concept under the term insolvency/indigence [Iflas]. Within Islamic law, bankruptcy is considered one of the six causes of incapacity/ interdiction (Hajr), wherein the insolvent individual [Mofles] is restricted from disposing of their property. This jurisprudential approach mirrors the principles found in modern bankruptcy laws, emphasizing the prohibition of preferential treatment and ensuring equitable distribution among creditors. The central inquiry of this research is to ascertain whether the Islamic jurisprudential concept of Insolvency can be equated with the legal construct of bankruptcy, facilitating a meaningful comparative analysis.‌ ∴ Research Question ∴ ‌The primary research question addressed in this study is: To what extent do the concepts of "bankruptcy" in contemporary Iranian law and "Insolvency" in Islamic jurisprudence correspond to one another? Specifically, the research seeks to determine whether these two concepts can be considered equivalent, thereby allowing for a comparative analysis of their respective frameworks, or if there are fundamental differences that distinguish them.‌ ∴ Research Hypothesis ∴ ‌The research hypothesis posits that the concepts of insolvency in Islamic jurisprudence and bankruptcy in modern legal systems, while originating from different legal traditions, share substantial similarities in their fundamental principles and objectives. These similarities may provide a basis for comparative analysis and potential integration or harmonization of these legal concepts within the context of Iranian commercial law. The hypothesis further suggests that understanding these similarities and differences can lead to more effective and equitable bankruptcy regulations that are consistent with both Islamic jurisprudence and contemporary legal standards.‌ ∴ Methodology & Framework, if Applicable ∴ ‌The research employs an analytical-descriptive doctrinal method, a common approach in the study of Islamic humanities. This methodology involves a detailed analysis of legal texts, jurisprudential opinions, and statutory provisions, drawing upon a rich body of Islamic legal library resources. The study's scope is primarily focused on Shia jurisprudence and Iranian law, with limited reference to Sunni jurisprudence and foreign legal systems, particularly those following common law traditions.‌ ∴ Results & Discussion ∴ ‌The comparative analysis of the concepts of bankruptcy in contemporary Iranian law and Insolvency in Islamic jurisprudence reveals several significant findings. First and foremost, Shia jurisprudence does not distinguish between merchants and non-merchants regarding the applicability of bankruptcy rules. This inclusive approach underscores a fundamental principle of equality among creditors, ensuring that all creditors have proportional access to the debtor's assets, regardless of the debtor's status as a merchant or non-merchant. In Iranian law, however, the bankruptcy provisions of the Iranian Commercial Code are currently limited to merchants. This restriction creates a disparity in creditor protection, favoring those who deal with merchants over those who transact with non-merchants. The analysis highlights that creditor of non-merchants are exposed to higher risks of non-recovery of their claims. This risk disparity stems from the fact that non-merchant debtors are not subject to the same stringent regulations and oversight as merchant debtors, allowing non-merchants to potentially evade their financial obligations more easily. From the perspective of creditor prioritization, both Shia jurisprudence and Iranian law prioritize creditors who have a specific claim to a particular asset in the debtor’s possession. These creditors are given priority in receiving their claims, with the remaining assets distributed proportionately among the other creditors. This principle of proportional distribution is a cornerstone of both systems, reflecting a shared commitment to fairness and equality among creditors. The discussion also points out that in practice, a merchant who resumes trade after a period of bankruptcy is regarded similarly to a non-merchant debtor who has faced insolvency. Both types of debtors hold equivalent credibility and standing in the eyes of third parties’ post-bankruptcy. This practical equivalence suggests that extending bankruptcy regulations to non-merchants could enhance overall creditor protection without significantly altering the perceived reliability of debtors returning to economic activity. Another critical observation is the potential for legal evasion under the current framework. Since the Iranian Commercial Code confines bankruptcy regulations to merchants, individuals can engage in commercial activities while avoiding the title of merchant, thereby evading the associated legal obligations. This loophole not only undermines the principle of equality among creditors but also encourages economic actors to exploit the system to their advantage, leading to unfair outcomes and economic insecurity.‌ ∴ Conclusion ∴ ‌The study concludes that the institution of bankruptcy, as understood in Shia jurisprudence, applies equally to both merchants and non-merchants. This approach upholds the principle of equality among creditors, ensuring that all creditors, regardless of the debtor’s status, have equitable access to the debtor's assets. The current Iranian legal framework, however, restricts bankruptcy provisions to merchants, creating a risk disparity between creditors of merchants and non-merchants. Given these findings, the research recommends amending the Iranian Commercial Code to extend bankruptcy regulations to non-merchant debtors. Such an amendment would align Iranian law more closely with Shia jurisprudence and the principles observed in common law countries. This change would also mitigate the risks faced by creditors of non-merchant individuals and prevent economic actors from avoiding commercial responsibilities by eschewing the title of merchant. Implementing these recommendations would promote economic security and public order by ensuring that all creditors are treated equally and that the legal system cannot be easily manipulated to evade financial obligations. This proposed extension of bankruptcy regulations to non-merchants would enhance the robustness and fairness of the Iranian commercial legal framework, providing a more stable and equitable environment for economic activities. Ultimately, aligning the Iranian Commercial Code with the inclusive principles of Shia jurisprudence and common law practices would contribute to a more balanced and secure economic system, benefitting both creditors and debtors by promoting fairness, transparency, and accountability in financial dealings.

‌ ∴ Introduction ∴ ‌The paper addresses the tension between traditional Islamic jurisprudence and contemporary legal practices concerning the use of documents as evidence. Traditionally, Islamic law has relied on methods such as the judge's knowledge, evidence [Bayyinah], confession, oath, and casting lots to prove claims. However, with the increasing reliance on official documents in modern legal systems, including those in Islamic countries, a new approach has emerged that often places documents above other forms of evidence. This article seeks to explore the validity of documents, both ordinary and official, within the context of Islamic law, particularly through the lens of hadith evidence.‌ ∴ Research Question ∴ ‌The central research question explored in this article is: "To what extent can documents, both official and ordinary, be considered valid evidence in Islamic law, particularly in cases of conflict with traditional forms of proof such as Bayyinah and confession?" This question is vital for bridging the gap between contemporary legal practices and traditional Islamic jurisprudence.‌ ∴ Research Hypothesis ∴ ‌The hypothesis proposed in the article is that presumptive documents do not constitute independent and authoritative evidence when compared to traditional methods such as knowledge, Bayyinah, and confession, according to hadith evidence. This hypothesis is founded on the Islamic principle derived from the Quran, specifically Surah Yunus, verses 36 and 59, which highlight the non-validity of presumption and conjecture in judicial matters. Therefore, unless explicit hadith evidence supports the validity of documents, their authority remains questionable.‌ ∴ Methodology & Framework, if Applicable ∴ ‌The methodology involves Islamic ijtihad (jurisprudential reasoning) through an extensive review of library resources, including classical and contemporary works of Islamic jurists and legal scholars. The framework of the study systematically addresses several key aspects: Conceptual Analysis of Documentation: Definition and significance of documents in modern legal systems. Traditional Islamic views on written statements and their evidentiary value. Examination of Quranic and Hadith Evidences: Analysis of Quranic verses pertinent to documentation and presumption. Scrutiny of hadiths that may support or refute the validity of documents as evidence. Comparison of Contemporary Legal Practices and Islamic Jurisprudence: Exploration of the contemporary legal framework's reliance on documentation versus traditional Islamic evidentiary methods. Evaluation of Jurisprudential Opinions: Review of various juristic opinions, highlighting the majority view against the independent validity of documents. Examination of minority opinions supporting the use of documentation based on principles like maintaining order and eliminating hardship. Critical Analysis of Practical Implications: Discussion on the practical implications of adopting documentation as valid evidence, including potential benefits such as reduced judicial backlog and avoidance of false testimony.‌ ∴ Results & Discussion ∴ ‌The analysis of Islamic jurisprudential texts and hadith evidence reveals a predominant view among Islamic jurists that presumptive documents do not hold validity as independent evidence. The primary principle within Islamic law is the invalidity of presumptions. Despite some jurists acknowledging the use of documents as proof, it remains unclear whether this acceptance is due to the conclusive knowledge they provide or an absolute statement inclusive of presumptive documents. The article examines several hadiths that discuss the validity of documents. Two narrations from Abdullah ibn Sanan and Omar ibn Yazid were scrutinized but were insufficient to establish documents as valid proof. Conversely, narrations from Abi Khadija, Hussein ibn Saeed, Sa'd ibn Hisham, and Sakouni were considered. Among these, the narrations from Abi Khadija, the second narration from Sakouni, and Sa'd ibn Hisham did not provide clear or comprehensive evidence to invalidate the document's credibility. However, the narrations from Hussein ibn Saeed and the second narration from Sakouni were explicit and definitive, indicating that documents—whether ordinary or official—do not hold validity if they are presumptive. The findings reinforce that the accepted methods of proof in Islamic law are limited to evidence [Bayyinah], testimony, confession, and oath. Other methods, including documents, do not hold the same status. If documents were inherently considered valid like Bayyinah and oath, they would have been explicitly mentioned and delineated within Islamic legal texts, similar to how the boundaries and conflicts of Bayyinah and oath are addressed.‌ ∴ Conclusion ∴ ‌The conclusion drawn from the analysis is that most Islamic jurists do not regard presumptive documents and writings as valid forms of evidence due to the primary principle of the invalidity of presumptions. Although there are references to documents as proof within juristic discussions, it remains ambiguous whether this acknowledgment is due to the conclusive knowledge they provide or an absolute acceptance that includes presumptive documents. The hadith evidence analyzed supports the view that documents, unless providing conclusive knowledge, do not hold validity as independent judicial evidence. Thus, traditional methods of proof such as Bayyinah, testimony, confession, and oath remain the primary and most reliable means within Islamic jurisprudence.

‌ ∴ Introduction ∴ ‌In the realm of contractual disputes where contractual terms are ambiguous or disputed, traditional legal principles often encounter limitations in definitively characterizing the nature of agreements. This challenge prompts the exploration of alternative methodologies rooted in jurisprudential rules and practical principles, particularly within the framework of Islamic jurisprudence [Usul ul-Fiqh]. These principles serve to navigate uncertainties by offering interpretive guidelines in instances where contractual intentions are obscure or contested. The application of these principles becomes pivotal when contractual parties or judicial authorities encounter difficulty in precisely delineating the type of contract under consideration.‌ ∴ Research Question ∴ ‌This study addresses the fundamental inquiry: To what extent can practical principles and jurisprudential rules effectively determine the classification of contracts in the absence of clear contractual terms or in cases of contractual dispute?‌ ∴ Research Hypothesis ∴ ‌The hypothesis posits that practical principles and jurisprudential rules provide a viable framework for resolving contractual ambiguities and disputes by offering interpretive guidance, albeit without the capacity to definitively establish the underlying intentions of contracting parties.‌ ∴ Methodology & Framework, if Applicable ∴ ‌The research methodology employed in this study combines descriptive-analytical and doctrinal approaches. Drawing from extensive library resources encompassing Islamic juristic literature and legal scholarship, the study examines case studies and theoretical analyses to substantiate its findings. The doctrinal method is particularly employed to elucidate the theoretical underpinnings of practical principles and jurisprudential rules in contract law, while the descriptive-analytical approach facilitates an empirical exploration of their application in resolving contractual disputes. This research assumes that while practical principles and jurisprudential rules are indispensable tools in legal reasoning, they do not serve as determinants of objective reality but rather as interpretive aids aimed at resolving ambiguity. By analyzing their application in various contractual scenarios, the study seeks to establish the circumstances under which these principles can effectively guide judicial decisions and contractual classifications.‌ ∴ Results & Discussion ∴ ‌The application of practical principles and jurisprudential rules in resolving contractual disputes yields nuanced outcomes that underscore their interpretive and guiding roles in Islamic legal contexts. In scenarios where conventional legal methodologies fail to definitively classify contracts, practical principles offer a structured framework for adjudication. For instance, disputes concerning the classification of contracts as sales versus gifts often hinge on the application of oaths and legal principles related to ownership and possession. Central to the discussion is the principle of 'claimant and denier' in Islamic jurisprudence, which dictates that the party making a positive claim bears the burden of proof. This principle becomes pivotal in disputes where one party asserts a contract as a sale while another contends it as a gift. Through judicial examination and application of practical principles, such as those derived from Usul ul-Fiqh, judges can navigate these complexities by evaluating testimonies and contextualizing legal principles to ascertain the contractual nature. Moreover, in cases involving leases versus free loans, the principle of respecting property rights and the benefits derived from possessions informs judicial decisions. Here, the possessor's claim to use the property free of charge versus the owner's assertion of a lease agreement highlights the role of practical principles in adjudicating disputes where contractual terms are ambiguous or hotly contested.‌ ∴ Conclusion ∴ ‌In conclusion, the efficacy of practical principles and jurisprudential rules in determining the classification of contracts in Islamic law is evident in their capacity to resolve disputes where contractual intentions are obscure or disputed. While these principles do not provide absolute clarity on the objective reality of contractual arrangements, they serve as indispensable tools for judges and legal scholars in interpreting and applying Islamic legal doctrines. The study affirms that when traditional methods fail to definitively characterize a contract, practical principles offer a viable alternative for judicial resolution. By leveraging principles rooted in Islamic jurisprudence, judges can navigate complex disputes involving claims of ownership, transfers of property, and contractual obligations. This approach ensures that disputes are adjudicated with due consideration to both legal precedents and the ethical foundations of Islamic law. Furthermore, the research underscores the importance of contextual analysis and doctrinal interpretation in applying practical principles effectively. By integrating insights from Islamic legal scholarship and jurisprudential analysis, this study contributes to a deeper understanding of how practical principles can be harnessed to uphold justice and equity in contractual disputes within Islamic legal frameworks. Future research in this area could explore case studies across different jurisdictions or delve deeper into specific doctrinal principles to further refine our understanding of their application in contemporary legal contexts. Ultimately, the exploration of practical principles and jurisprudential rules enriches legal discourse by offering nuanced solutions to complex contractual disputes under Islamic law.

This study aims to describe the implementation of education quality assurance in improving PAI learning at MA At-tadzkir Kaliaren Grobogan. This research uses a type of descriptive qualitative research. Data collection techniques using interviews, observations, and document reviews. While data analysis is used, interactive analysis models include data reduction, data delivery, and conclusions. Based on the results of the study, the quality mapping carried out by the madrasah to improve PAI learning, in general, has been carried out well. The preparation of quality fulfillment plans carried out by the madrasah is quite good. The implementation of quality fulfillment carried out by madrasah to improve PAI learning is quite good, meaning that 8 national standards of education have been fulfilled in the implementation of madrasah, namely fulfillment of content standards, fulfillment of process standards, fulfillment of graduate competency standards, fulfillment of standards of educators and educational personnel, fulfillment of standards of facilities and infrastructure, fulfillment of management standards, fulfillment of financing standards and fulfillment of educational assessment standards. The quality evaluation/audit conducted by the madrasah to improve PAI learning is quite good, shown by the implementation of formative evaluation referring to process indicators, summative evaluation referring to indicators of output, outcome, and impact, and auditing the SNP fulfillment process according to a previously set plan

This study focuses on the effectiveness of mindfulness training in reducing stress and improving the mental well-being of Islamic Religious Education (PAI) teachers at school. This study aims to examine the effectiveness of mindfulness training in reducing stress and improving the mental well-being of PAI teachers. The research method used is a qualitative approach with a descriptive type of research involving data collection techniques in the form of in-depth interviews, participatory observations, and document analysis. The results showed that mindfulness training significantly reduced stress and improved teachers' mental and emotional well-being, which positively impacted their interactions with students and the quality of teaching. This study implies that integrating mindfulness in teacher welfare management can be an effective strategy for improving the quality of education, especially in the context of Islamic education. This study also emphasises the importance of community support and a supportive learning environment in reinforcing the positive effects of mindfulness.

This research focuses on the madrasa head's strategy in building an image of the madrasa. Brand Image is a set of assumptions that exist in the minds of consumers about a brand which is formed from various sources. In building a brand image, a strategy is needed. Strategy is a method used to mobilize all the capabilities of all the resources available in the organization so that they can work together to achieve the goals that have been set. This research uses a descriptive qualitative method involving data collection techniques in the form of in-depth interviews, observation, and document analysis. The results of this research are: 1. There are stages in determining a madrasa head's strategy: (a) Formulate a strategy before it is determined so that it is easy to analyze strengths and opportunities. (b) Invite all members to be involved in implementing the agreed strategy, and the creativity of madrasah heads continues to develop. (c) Evaluation of the implementation and implementation of strategies that have been carried out together. 2. Brand images that are being built are Images of adiwiyata, sports madrasas, Islamic boarding school-based madrasas, and arts madrasas. 3. Strategy for madrasa heads to build brand image: (a) Increase accreditation. (b) Improving educator performance. (c) Increasing student achievement. (d) Improving programs in madrasas 4. Factors forming perceptions of educational institutions: cultural background, past experiences, and developing news

The swift progress of artificial intelligence (AI) offers substantial opportunities and significant challenges, particularly concerning human rights in developing nations. This article explores the legal issues and moral conundrums brought about by AI technology's increasing influence on sectors such as healthcare, education, and governance. In developing nations, AI deployment often occurs without robust legal frameworks, potentially infringing on privacy, autonomy, and equity. This study employs a doctrinal research methodology to analyse the effects of AI on fundamental human rights, using case studies to illustrate both benefits and risks. It examines the role of international human rights standards and local legal systems in mitigating adverse impacts. The results highlight the complex interplay between technological innovation and human rights protection, proposing practical recommendations for policymakers, technologists, and legal practitioners. Ultimately, the goal is to foster an environment where AI can contribute to sustainable development while upholding the dignity and rights of all individuals in developing countries. This research contributes to the scientific understanding of AI's ethical and legal implications in the context of human rights.

This paper aims to examine the nature and purpose of the formal requirements of Wills, highlighting their limitations and the need for adaptation in the context of modern electronic communication. The doctrinal research method was employed to evaluate legal problems and analyse the current statutory framework governing Wills. The study found that the traditional formal requirements for Wills, intended to provide testamentary protection and serve as legal proof of execution, often fail to meet their purpose effectively. Judicial and judicious applications of these rules have revealed significant limitations. There is an urgent need for the law to adapt to technological advancements by incorporating electronic Wills. This adaptation would address the inadequacies of current formal requirements and ensure the effectiveness of testamentary dispositions as evidenced in its use in South Africa by all categories of persons- with or without legal knowledge; in the United States of America for exigencies and in Australia to ensure high level of confidentiality and secrecy. The paper recommends articulated formalities supported by electronic communication to achieve testamentary goals. It suggests amendments to the extant laws on Wills in jurisdictions where provisions for dispensing powers are missing while detailed and applicable electronic Will legislation is recommended for jurisdictions that have long recognized the need for testamentary disposition to join the global advancement in technology.

This article examines the protection of the constitutional rights of Pekalongan's women coastal workers against the loss of land rights due to sea flooding. Based on data from the Pekalongan Regional Disaster Management Agency (BPBD), in the last five years, more than 40% of the land in this coastal area has been submerged, affecting women's livelihoods. The juridical problem is that the Basic Agrarian Law (UUPA) does not regulate state compensation for destroyed land. Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 3 of 2024 on Amendments to Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 17 of 2021 on Procedures for Determining Land Destruction states that land parcels affected by tidal floods in Pekalongan can be categorized as land destruction. Land rights holders are given priority for reconstruction or reclamation within one year and receive a kerohiman fund if the land is used or reconstructed by the government. This research uses agrarian law and Islamic law approaches to evaluate the existing legal protections. The results show that constitutional protection for coastal women workers in Pekalongan already exists, but there are still some weaknesses. In addition, the practice of such protection has not been maximized. Some of these things are the main causes of inadequate legal protection of the rights of women coastal workers. Islamic law provides a more inclusive perspective on property rights and social justice, but its implementation is limited. This research contributes to the understanding of agrarian regulations in providing protection and compensation for women coastal workers as well as the understanding of Islamic principles in maintaining justice and welfare for those affected by tidal floods. Artikel ini mengkaji perlindungan hak konstitusional perempuan buruh pesisir pantai Pekalongan terhadap hilangnya hak atas tanah akibat rob. Berdasarkan data dari Badan Penanggulangan Bencana Daerah (BPBD) Pekalongan, dalam lima tahun terakhir, lebih dari 40% tanah di wilayah pesisir ini telah terendam, yang berimbas pada mata pencaharian perempuan. Masalah yuridis yang dihadapi adalah bahwa Undang-Undang Pokok Agraria (UUPA) tidak mengatur kompensasi negara bagi tanah yang musnah. Peraturan Menteri Agraria dan Tata Ruang/Kepala Badan Pertanahan Nasional Republik Indonesia Nomor 3 Tahun 2024 tentang Perubahan atas Peraturan Menteri Agraria dan Tata Ruang/Kepala Badan Pertanahan Nasional Nomor 17 Tahun 2021 tentang Tata Cara Penetapan Tanah Musnah menyatakan bahwa bidang tanah yang terdampak banjir rob di Pekalongan dapat dikategorikan sebagai tanah musnah. Pemegang hak atas tanah diberikan prioritas untuk rekonstruksi atau reklamasi dalam satu tahun dan mendapatkan dana kerohiman jika tanah digunakan atau direkonstruksi oleh pemerintah. Penelitian ini menggunakan pendekatan hukum agraria dan hukum Islam untuk mengevaluasi perlindungan hukum yang ada. Hasil penelitian menunjukkan bahwa perlindungan konstitusional bagi pekerja perempuan pesisir di Pekalongan sudah ada, tetapi masih terdapat beberapa kelemahan. Selain itu, praktik perlindungan tersebut belum maksimal. Beberapa hal inilah yang menjadi penyebab utama belum memadainya perlindungan hukum terhadap hak-hak perempuan buruh pesisir. Hukum Islam memberikan perspektif lebih inklusif tentang hak milik dan keadilan sosial, tetapi implementasinya terbatas. Penelitian ini berkontribusi pada pemahaman mengenai regulasi agraria dalam memberikan perlindungan dan kompensasi bagi perempuan buruh pesisir serta pemahaman prinsip-prinsip Islam dalam menjaga keadilan dan kesejahteraan bagi pihak yang terdampak banjir rob.

This study examines the evolution of fatwas issued by the Tarjih and Tajdid Council the Central Executive of Muhammadiyah in the economic sector from 1950 to 2017. This topic was chosen because of the significant impact of these fatwas in shaping economic practices among the Muhammadiyah community, especially in responding to social and economic changes over the past few decades. This research uses a qualitative method by collecting data from various sources, including books, articles, journals, and official documents of the Tarjih Council. The data obtained was analyzed in depth to map the distribution of fatwas, as well as explore the theoretical foundations and arguments of scholars used in the formulation of these fatwas. In its analysis, this study adopts the theory of fiqh to understand the basis of thinking behind fatwa decisions. The results of the study show that the fatwas of the Tarjih Council and the Central Executive of Tajdid Muhammadiyah in the economic sector during the period were divided into three main areas: Social Economy, Banking, and Investment. As-Sunnah (Hadith) is the basis that is most often referred to in these fatwas. In addition, this study identifies that the opinion of the Hanafi School is more dominant compared to other schools. This research contributes to increasing the understanding of fatwas in the economic field formulated by the Tarjih Council and the Central Executive of Muhammadiyah Tajdid, as well as showing a strict and selective process in issuing fatwas, especially in the economic sector. Penelitian ini mengkaji evolusi fatwa-fatwa yang dikeluarkan oleh Majelis Tarjih dan Tajdid Pimpinan Pusat Muhammadiyah di bidang ekonomi dari tahun 1950 hingga 2017. Topik ini dipilih karena dampak yang signifikan dari fatwa-fatwa tersebut dalam membentuk praktik ekonomi di kalangan masyarakat Muhammadiyah, terutama dalam merespons perubahan sosial dan ekonomi selama beberapa dekade terakhir. Penelitian ini menggunakan metode kualitatif dengan mengumpulkan data dari berbagai sumber, termasuk buku, artikel, jurnal, dan dokumen resmi Majelis Tarjih. Data yang diperoleh dianalisis secara mendalam untuk memetakan sebaran fatwa, serta menggali landasan teori dan argumentasi ulama yang digunakan dalam perumusan fatwa-fatwa tersebut. Dalam analisisnya, studi ini mengadopsi teori fikih untuk memahami dasar pemikiran di balik keputusan fatwa. Hasil penelitian menunjukkan bahwa fatwa-fatwa Majelis Tarjih dan Tajdid PP Muhammadiyah di bidang ekonomi selama periode tersebut terbagi menjadi tiga bidang utama: Ekonomi Sosial, Perbankan, dan Investasi. As-Sunnah (Hadis) merupakan dasar yang paling sering dirujuk dalam fatwa-fatwa tersebut. Selain itu, penelitian ini mengidentifikasi bahwa pendapat Mazhab Hanafi lebih dominan dibandingkan dengan mazhab-mazhab lainnya. Penelitian ini berkontribusi dalam meningkatkan pemahaman terhadap fatwa-fatwa di bidang ekonomi yang dirumuskan oleh Majelis Tarjih dan Tajdid Pimpinan Pusat Muhammadiyah, serta menunjukkan adanya proses yang ketat dan selektif dalam mengeluarkan fatwa, khususnya di bidang ekonomi.

This article examines the comparison between the fiqh concept of iḥyā' al-mawāt and Indonesian national agrarian law on land reform, especially the right to open land. The author uses a comparative approach in this discussion, which compares the existing concepts in fiqh (as Islamic law) and national agrarian law (as Indonesian positive law). This article contributes to the discourse on Islamic land law, also known as agrarian fiqh, which has not been widely studied. This article shows that in the classical Islamic literature, there has been a study of land and how the Prophet Muhammad PBUH regulated land management. One of the concepts in fiqh is iḥyā' al-mawāt, which is to revive dead land. This is a starting point to introduce the tradition of agrarian fiqh in the classical literature. This article concludes that in both fiqh and Indonesian agrarian law, there is a concept of land clearing based on the principle of expediency. However, iḥyā' al-mawāt and the Indonesian national agrarian law on land reform still have differences, both in terms of concept, regulation, and implementation. This article is limited to a literature review that must be further studied from the context of the application of these two laws. This article contributes to the understanding of the two laws that are applied in Indonesia, namely positive law and Islamic law. Artikel ini mengkaji tentang perbandingan antara konsep fiqh tentang iḥyā’ al-mawāt dan hukum agraria nasional Indonesia tentang land reform, terutama hak membuka lahan. Penulis menggunakan pendekatan perbandingan dalam pembahasan ini, yaitu membandingkan konsep yang ada dalam fiqh (sebagai hukum Islam) dan hukum agraria nasional (sebagai hukum positif Indonesia). Artikel ini memberikan kontribusi tentang wacana hukum pertanahan Islam atau dapat juga disebut sebagai fiqh agraria yang belum banyak dikaji. Artikel ini menunjukkan bahwa dalam khazanah Islam klasik telah dikenal kajian tentang tanah dan bagaimana Nabi Muhammad saw. mengatur tentang pengelolaan tanah. Salah satu konsep dalam fiqh adalah iḥyā’ al-mawāt, yaitu menghidupkan tanah mati. Hal ini menjadi satu titik awal untuk memperkenalkan tradisi fiqh agraria dalam khazanah klasik. Dari artikel ini dapat diambil kesimpulan bahwa baik dalam fiqh maupun dalam hukum agraria Indonesia terdapat konsep tentang membuka lahan yang berdasarkan asas kemanfaatan. Dalam fiqh dikenal dengan istilah iḥyā’ al-mawāt dan dalam hukum agraria dikenal adanya hak membuka lahan. Namun demikian, iḥyā’ al-mawāt dan hukum agraria nasional Indonesia tentang land reform tetap memiliki perbedaan, baik dari segi konsepnya, pengaturannya, maupun dari segi pelaksanaannya. Artikel ini sebatas kajian Pustaka yang harus dilanjutkan kajiannya dari aspek implementasi dua hukum tersebut. Artikel ini berkontribusi pada pemahaman dua hukum yang berlaku di Indonesia, yaitu hukum positif dan hukum Islam.

Prior to the issuance of Supreme Court Regulation No. 2 of 2008, judges in Sharia economic dispute cases primarily relied on legal sources from kutub al-turāṡ (classical fiqh texts), including those pertaining to fiqh al-qadā’ (jurisprudence on adjudication). However, following the implementation of this regulation, some judges have continued to incorporate the Civil Code in their legal reasoning. This article seeks to examine the legal framework for resolving Sharia economic disputes in Indonesia. The theoretical foundation applied by the author is Lawrence Meir Friedman’s legal system theory. This study employs a normative legal approach to explore the legal system governing Sharia economic justice in Indonesia’s Religious Courts. It examines decisions from the Religious Courts in Purbalingga, Banyumas, and Purwokerto, focusing on rulings made both before and after the issuance of the Supreme Court Regulation on the Compilation of Sharia Economic Law (KHES), as well as five decisions from 2018-2019. The study’s findings reveal that the legal framework for Sharia economic dispute resolution in Indonesia has adequately addressed community needs, with the Religious Courts holding exclusive jurisdiction over these matters. However, there is an ongoing contestation between Islamic legal sources and civil law, which is rooted in Dutch law, in the decisions analyzed. Moreover, the absence of a Compilation of Islamic Economic Procedure Law based on Islamic Law has contributed to the suboptimal implementation of legal substance and culture. As a result, according to Friedman’s legal system theory, the legal framework for resolving Islamic economic disputes has not yet functioned effectively from the perspective of Islamic law.

Islamic education ideology is a systemic concept based on the Koran, al-Hadith, and ijtihad which aims for the happiness of human life in this world and the hereafter. The curriculum includes material from religious studies (aqidah, syari’ah, and morals) as well as general subjects such as mathematics. The methods used are classical and modern methods. Meanwhile, conservative educational ideology places more emphasis on conventional teachings which assume that everything humans do is God's will. The curriculum places more emphasis on moral aspects and the methods used also tend to be conventional, such as lectures. This is different from the ideology of liberal education which prioritizes individual freedom to develop educational concepts. The curriculum places more emphasis on practical matters and the teaching methods are free to suit individual wishes

This article aims to analyze the midterm exam questions conducted at Pertiwi 1 Padang Private High School in class XII, this is to see how far the questions play an important role in the evaluation process. Is it in accordance with the learning objectives to be achieved. So a question item analysis is needed to determine its suitability. The research method used is descriptive quantitative research which aims to describe events that occur using statistical data. data collection is done by documenting questions, answer keys and student answer sheets. The results of the research on the analysis of semester exam questions show that the validity found in the analysis of questions is 15 at the 75% level while the invalid ones are 5 at the 5% level. The reliability is 0.775. So it can be concluded that the data from the question items have high criteria. The difficulty index obtained is in the medium criteria as many as 12 questions at a percentage of 60%. The differential power of the analysis question is in the good category with a total of 8 questions at a percentage of 40%. Thus, every question made by educators is expected to have a good level of validity, reliability, difficulty index, and differentiation according to the category or criteria of the questions made

This research aims to describe the implementation of administrative management in improving administrative services at MTs N 15 Jombang and identify supporting and inhibiting factors. The research uses qualitative methods with descriptive design. Data was collected through structured interviews, non-participant observation, and documentation, and analyzed using data reduction, data presentation, and verification techniques. The research results show that administrative management is carried out through planning, implementation, evaluation and follow-up which involves assigning tasks according to expertise and improving performance through communication and motivation. Supporting factors include appropriate assignment of tasks and a harmonious work environment while inhibiting factors include a mismatch between tasks and skills and a less professional attitude.

This article aims to explain the transformation of policy models and strategic planning in the education system which is studied theoretically based on the rules of writing scientific papers. The analysis method used in this article is a literature study and qualitative data analysis content regarding learning outcomes. The results of this study show that education policy is a product that is used as a guide for making educational decisions that are legal-neutral and moderately adjusted to the educational life environment. Meanwhile, strategic planning is the process carried out by an organization to determine a strategy or direction, as well as make decisions to allocate resources including capital and human resources. The model transformation of these two things includes institutional models, system models, investigation models, rational models, incremental models, policy analysis models, and public policy implementation approach models. The educational strategy planning models are divided into four, namely: Comprehensive planning model, Target Setting Model, Financing and cost-effectiveness model, PPBS (planning, programming, budgeting system) model