Achieving a balance in the execution of the will between the testator, the beneficiary, and the heir: a case study of Amanah Raya Berhad (ARB)

The arrival of Islam ensured balance in all its legislation. The property owner has the right of implementing the will and protecting the rights of the heirs, whereby a balance is achieved between the owner and those entitled to the property inheritance. Islam allows the property owner the right to dispose of a third of his ownership by will for whomever he wished during his life and the remaining property belongs to the heirs is not valid to be dispose of. This right is God’s commandment that enjoined the inheritance to those who deserve it according to the shares determined by the Sharia. Herein lies the research problem; the Shariah did not give freedom to the property owner to do as he wish to. Rather, Islam specified the recommended amount which he should not exceed. The aim of this study is to discuss and analyze the case of will writing in Amanah Raya Berhad (ARB), and the conditions for its implementation. This study relied on inductive approach, by following the opinions of the jurists and their evidence regarding the conditions of entitlement to the will and the validity of its contract for the benefactor. An analytical method is used in discussing and analyzing the opinions and evidence of the jurists to the provisions with what is done in the Amanah Raya Berhad (ARB). This study reached important results: Amanah Raya Berhad (ARB) did not acknowledge the obligatory bequest (wasiat wajibah) if the owner of the property did not make a will. This contrasts with the Fatwa Department in Malaysia. Amanah Raya Berhad (ARB) prohibits the will of the heir and suspended its implementation on the consent of the heirs. It permitted a non-Muslim to make a will and freedom to carry out his will

Ḥuqūq al-Mīrāth lināqil al-‘Adwā bi Fairūs Kūrūnā (Kūfīd-19) fī Manẓūr al-Sharī‘ah al-Islāmiyah wa al-Qānūn al-Indūnīsīyī

Islamic law, as well as Indonesian law, prohibits the intentional killer's entitlement to inheritance and bequest to him. This research aims to study the ruling on the felony of murder by transmitting Coronavirus (Covid-19) infection. Subsequently, the impact of inheritance and wills due to transmitting this infection deliberately or unintentionally. The research uses the descriptive approach and the analytical method in defining the felony of incapacitating murder and analyzing the impact of transmitting infection with this pandemic virus. The research comes with several results, including that whoever deliberately transmits infection with the Coronavirus (Covid-19) to people is regarded as the Spoilers on the land, that this felony deserves the punishment, that he is forbidden from inheriting if he is the heir, and that he is forbidden from the approval of the will if it is bequeathed to him

نسب ولد اللعان وميراثه : دراسة مقارنة بين الشّريعة الإسلامية والقانون الماليزي: CHILD’S LINEAGE OF AL-LI’AN (OATH OF CONDEMNATION) AND HIS INHERITANCE RIGHTS: A COMPARATIVE STUDY BETWEEN ISLAMIC AND MALAYSIAN LAW

Abstract in Arabic: إن نسب ولد اللّعان وميراثه من أبيه الذي نفاه ولاعن على نفيه، يعدّ من المسائل التي لها اعتبارها في الشّريعة والقانون، وذلك لتعدّي الأثر المترتّب على نفي نسبه من أبيه، إلى حرمانه من الميراث من هذا الأب وأسرته، وقد أقرّت بعض المحاكم تحليل البصمة الوراثية عند نفي نسب الولد، وهنا تكمن مشكلة البحث، وذلك فيما إذا نفى الأب الابن وأقرّت نسبه  البصمة الوراثية. هدفت هذه الدّراسة إلى التّعريف بولد اللّعان من النّاحية الشّرعية والقانونية، ثم بأهمية تحليل البصمة  الوراثية كدليل يعمل به عند تضارب الأقوال بين الزّوج والزّوجة، وقد اعتمدت الدّراسة في هذا البحث على المنهج الاستقرائي وذلك من خلال تتبّع آراء الفقهاء وأدلتهم، والنّظر في سبب الخلاف بينهم، كما اعتمدت على المنهج التّحليلي المقارن في مناقشة آراء الفقهاء وأدلتهم وتحليلها، مع مقارنة هذه الأحكام بما يجري عليه العمل في القانون الماليزي، وقد خلصت هذا الدّراسة إلى نتائج مهمّة منها: أن الولد يبقى على نسب أبيه ما لم ينفه ويلاعن عليه، وأنّ فصل القول عند نفي نسب الولد أو إثباته يرجع إلى تحليل البصمة الوراثية، وأن ولد اللّعان لا ينتفي نسبه وميراثه إلا إذا وافق تحليل البصمة الوراثية قول الزّوج الملاعن.    Abstract in English: The lineage of al-li`an child and his inheritance from his father, who denied him and performed oath of condemnation (al-mula’anah) is considered one of the crucial issues in the Sharia and the law. This is because of the serious effects of denying his lineage from his father, which leads to depriving the child of the inheritance of the father and his family. Some courts accepted the analysis of the DNA when denying the child's lineage. Based on this fact, the issue has raised, especially when there is a conflict between the father’s denial of his son and the court’s finding based on DNA result. Which one is to be accepted if the father denied while the court confirmed his child’s lineage? This study aimed at introducing al-li`an child from Sharia and legal points of view, and the importance of analyzing the genetic footprint (DNA) as a guide to be used when there is a conflict between husband and wife in their opinions. The research methods used in this study are the inductive approach by tracking the views and evidence of the Islamic jurists and examining the reasons for the disagreement among them. In comparison, the analytical and comparative methods are used to discuss and analyze the opinions of the jurists and their evidence and compare these provisions with what is being practiced in Malaysian law.  This study has reached some important results among others: the child of al-li`an remains a legitimate child as long as the father did not deny his lineage. The final decision on denying or confirming child’s lineage is based on the analysis of the genetic fingerprint (DNA result). Therefore, the lineage of al-li’an child and his inheritance right remains valid or undeniable unless the analysis result of the genetic fingerprint conforms with the statement of the father who denied his child lineage through al-li`an (oath of condemnation).  The lineage of the li`an child and his inheritance from his father, who denied and cursed him, is considered an important question in the Sharia and the law. This is because of the transgression of the effect of denying his lineage from his father, to depriving him of the inheritance from this father and his family. Some courts have approved the analysis of the DNA when denying the child's lineage. Herein lies the research problem. This is the case if the father denies the son and his genealogy is confirmed. This study aimed at introducing the li`an child from a Sharia and legal point of view.  Then, the importance of analyzing the genetic footprint as a guide to be used when conflicting sayings between husband and wife. The study relied on this research on the inductive approach by tracking the opinions and evidence of the jurists, examining the reason for the disagreement between them. It also relied on the analytical and comparative approach in discussing and analyzing the opinions of jurists, their evidence, comparing these provisions with what is being done in Malaysian law.  This study concluded with important results, including that the father of li`an remains in the lineage of his father unless he denies it, that the separation of words when denying or proving the child's lineage is due to the analysis of the genetic fingerprint, that the li’an child does not negate his lineage and inheritance unless the analysis of the genetic fingerprint agrees with the statement of the Li`an

Gene and protein expression of epithelial to mesenchymal transition for intestinal and anal fistula: a systematic review

Purpose Intestinal fibrosis is a common complication of inflammatory bowel diseases. However, the possible involvement of epithelial-mesenchymal transition (EMT) has been scarcely investigated. This systematic review aims to search through research papers that are focusing on messenger RNA (mRNA) and protein expression profile in EMT in fistula or in intestinal fibrosis. Methods Electronic exploration was performed until April 24, 2019 through PubMed, Ovid, Science Direct, and Scopus databases with the terms of “fistula” OR “intestinal fibrosis” AND “epithelial-mesenchymal transition”. Two independent reviewers scrutinized the suitability of the title and abstract before examining the full text that met the inclusion criteria. For each study, the sample types that were used, methods for analysis, and genes expressed were identified. The list of genes was further analyzed using DAVID (Database for Annotation, Visualization, and Integrated Discovery) and KEGG (Kyoto Encyclopedia of Genes and Genomes) pathway. Results There were 896 citations found; however, only 3 studies fulfilled the requirements. Among the EMT-related genes, 5 were upregulated genes at mRNA level while 6 were at protein level. However, only 2 downregulated genes were found at each mRNA and protein level. Of the 4 inflammation-related genes found, 3 genes were upregulated at mRNA level and 1 at protein level. These genes were confirmed to be involved in the development of inflammatory induced fibrosis and fistula through EMT. Results from quantitative real-time polymerase chain reaction analysis were consistent with the process of EMT, confirmed by the western blot protein analysis. Conclusion Many significant genes which are involved in the process of EMT in fistula and intestinal fibrosis have been identified. With high-end technology many more genes could be identified. These genes will be good molecular targets in the development of biomarkers for precision drug targeting in the future treatment of intestinal fibrosis and fistula

The unrestricted global effort to complete the COOL trial

Background Severe complicated intra-abdominal sepsis (SCIAS) has an increasing incidence with mortality rates over 80% in some settings. Mortality typically results from disruption of the gastrointestinal tract, progressive and self-perpetuating bio-mediator generation, systemic inflammation, and multiple organ failure. A further therapeutic option may be open abdomen (OA) management with negative peritoneal pressure therapy (NPPT) to remove inflammatory ascites and attenuate the systemic damage from SCIAS, although there are definite risks of leaving the abdomen open whenever it might possibly be closed. This potential therapeutic paradigm is the rationale being assessed in the Closed Or Open after Laparotomy (COOL trial) (https://clinicaltrials.gov/ct2/show/NCT03163095). Initially, the COOL trial received Industry sponsorship; however, this funding mandated the use of a specific trademarked and expensive NPPT device in half of the patients allocated to the intervention (open) arm. In August 2022, the 3 M/Acelity Corporation without consultation but within the terms of the contract canceled the financial support of the trial. Although creating financial difficulty, there is now no restriction on specific NPPT devices and removing a cost-prohibitive intervention creates an opportunity to expand the COOL trial to a truly global basis. This document describes the evolution of the COOL trial, with a focus on future opportunities for global growth of the study.Methods The COOL trial is the largest prospective randomized controlled trial examining the random allocation of SCIAS patients intra-operatively to either formal closure of the fascia or the use of the OA with an application of an NPPT dressing. Patients are eligible if they have free uncontained intraperitoneal contamination and physiologic derangements exemplified by septic shock OR severely adverse predicted clinical outcomes. The primary outcome is intended to definitively inform global practice by conclusively evaluating 90-day survival. Initial recruitment has been lower than hoped but satisfactory, and the COOL steering committee and trial investigators intend with increased global support to continue enrollment until recruitment ensures a definitive answer.Discussion OA is mandated in many cases of SCIAS such as the risk of abdominal compartment syndrome associated with closure, or a planned second look as for example part of "damage control"; however, improved source control (locally and systemically) is the most uncertain indication for an OA. The COOL trial seeks to expand potential sites and proceed with the evaluation of NPPT agnostic to device, to properly examine the hypothesis that this treatment attenuates systemic damage and improves survival. This approach will not affect internal validity and should improve the external validity of any observed results of the intervention. Trial registration: National Institutes of Health (https://clinicaltrials.gov/ct2/show/NCT03163095). Keywords Intraperitoneal sepsis, Septic shock, Peritonitis, Open abdomen, Multiple organ dysfunction, Laparotomy, Randomized controlled trial, Global healthPeer reviewe

Surgeons' perspectives on artificial intelligence to support clinical decision-making in trauma and emergency contexts: results from an international survey

Background: Artificial intelligence (AI) is gaining traction in medicine and surgery. AI-based applications can offer tools to examine high-volume data to inform predictive analytics that supports complex decision-making processes. Time-sensitive trauma and emergency contexts are often challenging. The study aims to investigate trauma and emergency surgeons' knowledge and perception of using AI-based tools in clinical decision-making processes. Methods: An online survey grounded on literature regarding AI-enabled surgical decision-making aids was created by a multidisciplinary committee and endorsed by the World Society of Emergency Surgery (WSES). The survey was advertised to 917 WSES members through the society's website and Twitter profile. Results: 650 surgeons from 71 countries in five continents participated in the survey. Results depict the presence of technology enthusiasts and skeptics and surgeons' preference toward more classical decision-making aids like clinical guidelines, traditional training, and the support of their multidisciplinary colleagues. A lack of knowledge about several AI-related aspects emerges and is associated with mistrust. Discussion: The trauma and emergency surgical community is divided into those who firmly believe in the potential of AI and those who do not understand or trust AI-enabled surgical decision-making aids. Academic societies and surgical training programs should promote a foundational, working knowledge of clinical AI

Time for a paradigm shift in shared decision-making in trauma and emergency surgery? Results from an international survey

Background Shared decision-making (SDM) between clinicians and patients is one of the pillars of the modern patient-centric philosophy of care. This study aims to explore SDM in the discipline of trauma and emergency surgery, investigating its interpretation as well as the barriers and facilitators for its implementation among surgeons. Methods Grounding on the literature on the topics of the understanding, barriers, and facilitators of SDM in trauma and emergency surgery, a survey was created by a multidisciplinary committee and endorsed by the World Society of Emergency Surgery (WSES). The survey was sent to all 917 WSES members, advertised through the society’s website, and shared on the society’s Twitter profile. Results A total of 650 trauma and emergency surgeons from 71 countries in five continents participated in the initiative. Less than half of the surgeons understood SDM, and 30% still saw the value in exclusively engaging multidisciplinary provider teams without involving the patient. Several barriers to effectively partnering with the patient in the decision-making process were identified, such as the lack of time and the need to concentrate on making medical teams work smoothly. Discussion Our investigation underlines how only a minority of trauma and emergency surgeons understand SDM, and perhaps, the value of SDM is not fully accepted in trauma and emergency situations. The inclusion of SDM practices in clinical guidelines may represent the most feasible and advocated solutions