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Al-Nafiz; Muhammad Riyas Rasyid; Muhammad Hegel Muthohari

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

This research is personal research and quotes a lot from relevant legal journals regarding the meaning of the principle of legality within the scope of Indonesian criminal law or Indonesian criminal law. The principle of legality in Indonesian Criminal Law aims to protect humans from the arbitrariness of those in power, while in Islamic criminal law the principle of legality aims to glorify humans by preserving offspring, property, reason, soul and religion. Basically, the meaning of the principle of legality in Indonesian criminal law and Islamic criminal law is not much different. However, in Islamic criminal law there is no prohibition on using analogies, whereas in Indonesian criminal law the use of analogies is not permitted.

Reo Tommi Pratama; Nur Hasanah; Syawaludin Syawaludin; Nizar Nizar; Mustafiyanti Mustafiyanti

Perspektif: Jurnal Pendidikan dan Ilmu Bahasa 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

The practice of creating the P5 concept in the Islamic religious education curriculum is a process aimed at developing understanding and application of the principles of Pancasila and Citizenship Education (P5) in the context of Islamic religious education. The P5 concept refers to five core values, namely Belief in One God, Humanity, Unity, Democracy, and Justice. In the context of the Islamic religious education curriculum, the practice of creating the P5 concept involves the development of learning materials that integrate P5 values into every aspect of Islamic religious education. This is intended to shape students' characters to be virtuous, patriotic, respectful of diversity, and have a sense of law and justice. The process of creating the P5 concept in the Islamic religious education curriculum involves various stages, starting from identifying relevant P5 values to Islamic teachings, developing learning materials that support the integration of these values, to assessing and evaluating the effectiveness of implementing the P5 concept in teaching. With the practice of creating the P5 concept in the Islamic religious education curriculum, it is hoped that students can become a generation with moral awareness, ethics, and adherence to Islamic teachings and Pancasila values as the foundation of the Indonesian state. This also serves as an effort to strengthen national identity and promote unity and harmony among the nation through Islamic religious education based on universal values of humanity and justice.

Sri Susanti Auna; Mutia Ch. Thalib; Dolot Alhasni Bakung

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

This research aims to find out the legal rules regarding the parentage of stepchildren in the distribution of inheritance according to the Civil Code and the Compilation of Islamic Law and to find out the legal consequences of having stepchildren inherit from their stepparents in Kualalumpur Village, Kec. Paguyaman. This research uses the Normative/Empirical Juridical type of research. The results of this research found that the position of stepchildren in inheritance distribution according to the Civil Code and KHI is that stepchildren are not classified as heirs of their stepparents, stepchildren can only inherit from their biological parents even if they were brought to their biological parents' most recent marriage. Under Islamic law, stepchildren can inherit their stepparents' inheritance by means of a will. The Impact of Position Law on Stepchildren Inheriting From Their Stepparents in Kuala Lumpur Village, District. Paguyaman is: Stepchildren do not inherit from their stepparents, stepchildren become an obstacle which results in a reduction in their stepparent's share, stepchildren can only be given a compulsory will.  

Hidayatussalam Hidayatussalam; Muh. Mufti M. Djafar

Jurnal Budi Pekerti Agama Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Jihad and Terrorism in the Perspective of Islamic Law (Hidayatussalam and Muhammad Mufti M. Djafar). Jihad and terrorism are two terms that have recently become the focus of international attention. The international community assumes that these two terms are manifested as movements of several activist groups that In Islam there are two sides that cannot be separated. Islamic history has noted that jihad and terrorism are not new phenomena, but each has a different history. Jihad emerged when Islam came, brought by the Prophet SAW, and became popular when the Prophet SAW moved to Medina. Meanwhile, terrorists emerged since the political constellation among the Shi'a which was spearheaded by Hasan bin Sabah, known as a splinter group of the Assassin sect, a splinter of the Shi'a Islᾱmiyyah group which allowed the murder of political opponents from the Bani Seljuq whom they claimed had gone astray in the 11th century and 13th. Jihad and terrorism are two terms that have recently become the focus of international attention. The international community assumes that these two terms, which have become the movements of several activist groups in Islam, are two sides that cannot be separated.

Calvin Alfiansyah; Fauzatul Laily Nisa

JURNAL EKONOMI BISNIS DAN MANAJEMEN (JISE) 2024 CV. ALIM'SPUBLISHING

Islamic banking, with principles based on Islamic law, has developed rapidly and become an important part of the global financial system. In the last few decades, Islamic banking has not only been seen as an alternative to conventional banking, but also as an instrument that can make a significant contribution to sustainable economic development. Sharia principles such as the prohibition of riba (interest), maisir (speculation), and gharar (uncertainty) as well as a commitment to social justice and general welfare provide a strong foundation for promoting a sustainable and inclusive economy. This research describes the challenges and opportunities of Islamic banking in realizing sustainable economic development in the form of writing based on literature studies carried out by finding secondary data obtained from literature studies carried out. In expressing the challenges and opportunities of sharia banking in realizing sustainable economic development, it is carried out using the concept of sustainable economic development by looking at three aspects, namely social aspects, economic aspects and environmental aspects.

Amanda Argawandani, Fiorentina; Laily Nisa, Fauzatul

JURNAL EKONOMI BISNIS DAN MANAJEMEN (JISE) 2024 CV. ALIM'SPUBLISHING

Abstract. During the pandemic, there were many people who suffered big losses and had an impact on the economy, so this caused people who experienced a downturn in the economy to be particularly encouraged to apply for loans via the internet. Especially online loan transactions are very supportive because they are very easy to reach. So, people don't need to leave the house to carry out this transaction. The research being carried out has the aim of discussing the rise of online loans during the pandemic and a review of sharia economic law on online loans during the pandemic and an evaluation of sharia economic law on online lending practices is the main focus of this research. The method used is descriptive qualitative, with a literary nature because it analyzes and discusses to conclude the legal status regarding online loans. Keywords: Online Loans, Islamic Economic Law, Pandemic Abstrak. Selama pandemi, masyarakat banyak sekali orang-orang yang merugi besar dan berpengaruh dalam perekonomian, sehingga pada hal ini menyebabkan masyarakat yang mengalami penurunan dalam perekonomian terdorong terutama untuk mengajukan pinjaman melalui internet. Terutama transaksi pinjaman online ini sangat mendukung karena sangat mudah dijangkau. Jadi, masyarakat tidak perlu meninggalkan rumah untuk melakukan transaksi ini. Pada penelitian yang sedang dilakukan ini memiliki tujuan yang dapat membahas tentang marakya pinjaman online selama pandemi dan tinjauan hukum ekonomi syariah pada pinjaman daring selama pandemi dan evaluasi hukum ekonomi syariah terhadap praktik pinjaman daring ini adalah fokus utama penelitian ini. Metode yang digunakan adalah deskriptif kualitatif, dengan sifatnya yang bersifat kepustakaan karena menganalisis dan mendiskusikan untuk menyimpulkan status hukum mengenai pinjaman daring. Kata kunci: Pinjaman Daring, Hukum Ekonomi Syariah, situasi pandemi

Karmila Karmila; Rufaidah Rufaidah; Haliza Nuriya; Zaitun Qamariah

Maslahah : Jurnal Manajemen dan Ekonomi Syariah 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

This literature review article presents an analysis of the concepts of Ariyah, Grants, Gifts, and Samsarah from a theoretical and practical perspective to understand the complexity and legal framework governing these transactions in an Islamic context. The data is analyzed in depth to identify key elements and relationships between concepts. Ariyah (borrowing) is the loan of goods without remuneration, Hibah (grant) is the voluntary gift of a living person to another, Hadiah (gift) without expectation of reward, and Samsarah (brokerage) is connecting between parties involved in a transaction (such as buyers and sellers) in which the intermediary is given a certain commission. Despite having fundamental differences in definition and application, these four concepts play an important role in society. From a theoretical perspective, each concept has a legal basis and principles governing it. In practical terms, the application of Ariyah, Grants, Gifts, and Samsarah is seen in various aspects of daily life, from trade transactions to social relations. Understanding these concepts helps individuals and organizations manage relationships and transactions more effectively according to the principles of sharia law.

Ika Sofia; Ahmad Zuhdi; Ngatoillah Linnaja

Student Scientific Creativity Journal 2024 Pusat Riset dan Inovasi Nasional

. Abdullah Nashih Ulwan is one of the figures of Islamic education who pay great attention to children's education, through his books Tarbiyatul Aulad Fil Islam he explained the concept of monotheism education for children, the many cases of deviations from Islamic law committed by teenagers. This research aims to provide special knowledge to educators regarding monotheism education materials as well as educational methods. This research method is library research or literature and data analysis using content analysis methods. The results obtained are material for children's monotheistic education including: introducing the oneness of Allah SWT, instilling devotion to the power and supervision of Allah SWT, introducing Rasulullah SAW and teaching them to read the Qur'an and Islamic law. It is hoped that educators will understand the concept of providing monotheism education to children and be able to implement it. 

Rahil Syira Roudhlotul Janah; Salsabila Phytagora Athariq; Siti Aliza Nuraini Wahdini; Yulianisa Amelia Fasya

Jurnal Budi Pekerti Agama Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This article discusses the tradition of sea alms in Cilacap Regency and how this tradition is acculturated with Islamic teachings. Sedekah laut is a traditional ceremony performed by coastal communities as a form of gratitude for sustenance from the sea. This tradition originally contained elements that were considered deviant from Islamic teachings, such as offerings to the sea spirit Kanjeng Ratu Kidul. However, through acculturation, these elements have been adapted to Islamic values, so that they now involve prayers and alms to Allah SWT. The sea alms tradition also plays a role in strengthening the spirit of mutual cooperation and awareness of cultural preservation among coastal communities. This research uses a descriptive qualitative method with a literature study to examine the relationship between customary law and Islamic law in this tradition. The results show that customary law and Islamic law can interact harmoniously without dominating each other, each having a role in preserving local traditions that enrich Indonesia's cultural heritage.

Gewatra Davina Yasa Albion; Kusuma Mukti Dewantoro; Revalina Hafizhah Salsabila; Xena Anastasya; Saifuddin Zuhri

Jurnal Budi Pekerti Agama Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Trade is an activity that is inherent in human life and in Islam trade has an important role in advancing the economy and facilitating the exchange of goods and services in accordance with Islamic knowledge, Sharia Law, Globalization and technological developments. Apart from that, changes in regulations are one of the challenges facing Islamic trade in the modern era. However, there are also important opportunities, such as e-commerce, Islamic finance, and halal products, that enable Muslim traders to innovate and compete in global markets. In an era of ever-changing global trade, Muslim traders around the world must continually monitor changes in consumer demand, regulations and technology. With a good understanding of the markets and a commitment to Islamic principles, traders can take advantage of Islamic trading opportunities in this modern era. Halal trade is a clear example of how adaptation to these changes can bring success in the context of Islamic trade.

Eka Cahya Putri; Della Puspita; Muhammad Fathan; Dwi Noviani. M.Pd. I

Student Scientific Creativity Journal 2024 Pusat Riset dan Inovasi Nasional

In the modern era, social dynamics continue to develop, including in terms of inheritance distribution. The issue of dividing inheritance for children after the death of parents is increasingly complex, with various factors that need to be considered. This journal aims to answer and analyze the comparison of the inheritance process for GS as an only child upon the death of both parents according to the Islamic legal system that applies in Indonesia and ensure that Islamic law remains relevant and in accordance with the needs of children in modern times. This journal uses a qualitative approach with literature study methods and critical analysis. Data is collected from various sources, including scientific journals, news articles, and research reports. Research findings show that the distribution of inheritance to children after the death of parents is influenced by various factors, such as social norms, culture, religion and law. This journal refers to efforts to reinterpret Islamic law regarding the distribution of inheritance to children after the death of parents by considering the current social, cultural and political context. Current social dynamics, such as changes in family structure, individualism, and globalization, also influence the inheritance distribution process. The division of inheritance in this journal takes a deeper look at inheritance rights to GS. The condition of GS, who is still a child, is not legally competent to take legal action. In this case, GS's grandfather and grandmother from BA are the guardians based on the paternal lineage attached to them who are the guardians. Further research is needed to understand the complexity of inheritance division in different social contexts. It is necessary to provide education and outreach to the public about the importance of proper inheritance planning and in accordance with applicable social norms and Islamic law.

Ahmad Fandika; Octa Fio Dila; Dwi Noviani

Student Scientific Creativity Journal 2024 Pusat Riset dan Inovasi Nasional

This research examines the importance of transparency and fairness in the distribution of inheritance according to Islamic law in the modern era. The main problem faced is dissatisfaction and conflict between heirs due to unfair and non-transparent distribution. The purpose of this research is to identify how the principles of transparency and fairness can be applied in the distribution of inheritance in accordance with Islamic law, in order to maintain harmony and justice in the family and society. The research method used is a qualitative approach with a literature study, which involves collecting data from various literatures related to Islamic inheritance law. The results showed that transparency can be achieved through clear documentation, open communication, and the use of technology to digitize inheritance documents. Fairness in inheritance distribution emphasizes that gender differences do not affect inheritance rights, with men and women having equally strong rights, although there are differences in the amount of shares received based on utility and need. In conclusion, applying the principles of transparency and fairness in the distribution of inheritance according to Islamic law is crucial to avoid conflicts and ensure justice in families and societies in the modern era.

Laila Puspita Anggraeni; Syahidin Syahidin

Jurnal Yudistira : Publikasi Riset Ilmu Pendidikan dan Bahasa 2024 Asosiasi Riset Ilmu Pendidikan Indonesia

The massive patriarchal culture in society, misunderstanding of religion and unequal power in the family have resulted in high rates of domestic violence in Indonesia, where women are often the victims of violence. This violence often leads to divorce, while the wife is always the loser. This article discusses the importance of gender equality in Islamic family law as an effort to break the chain of domestic violence and achieve the goal of a harmonious marriage. This article uses the library research method by collecting literature related to domestic violence and family law in Indonesia. The analysis is conducted using the normative-inductive method with a gender justice approach, focusing on the position of men and women in the marriage relationship. In the discussion, this article reviews domestic violence, the forms of violence that occur, as well as the causes of domestic violence elaboration of family regulations in Muslim countries. Efforts to eliminate domestic violence and create harmonious families require the implementation of gender equality in family law. This is key to ensuring the well-being and protection of all family members, as well as to achieving the essence of the purpose of marriage in Islam.

Bagas Indria Wibisono

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the legal protection for notary service users based on the Consumer Protection Act (UUPK) and Islamic perspectives. Notaries, as public officials authorized to create authentic deeds, play a crucial role in providing legal certainty to the public. However, notaries' obligations to provide clear and specific legal guidance have not been fully implemented, resulting in inadequate legal protection for service users. Within the context of UUPK, consumers have the right to receive true, clear, and honest information, as well as the right to advocacy and protection. The Islamic perspective also emphasizes the importance of justice, transparency, and consumer rights protection, including the obligation of service providers to provide accurate information and avoid harmful practices. The research method used is normative juridical with statutory and conceptual approaches. Data were collected from various legal sources, books, journals, and relevant encyclopedias. The analysis indicates that notaries need to enhance transparency and the quality of legal guidance to ensure that consumer rights are well protected. n conclusion, notaries must provide specific, clear, and thorough legal guidance to achieve effective legal protection for their service users. This aligns with the objectives of UUPK and the principles of consumer protection in Islam, aiming to create benefits for society.

Selviana R. D; Nofitri R.; Karina D. Lestari; Sherly A. Rimadhani; Arzyntha N.A.P. Wahyuni +1 more

Al-Tarbiyah: Jurnal Ilmu Pendidikan Islam 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

The topic of LGBT and homosexuality seems to be endlessly discussed. This is due to several scientific fields such as health, psychology, Islamic law, and other related fields that can significantly influence the decision-making process related to these issues. The problems include positioning LGBT or homosexual relationships as nature or nurture, innate or socially constructed, genetic or deviant, normal or abnormal, and so on. This abnormal behavior creates misunderstandings about sex in this group. This shows that people who maintain LGBT or homosexual relationships are unable to reconcile their desires and principles of life. Therefore, this article aims to identify the perceptions and efforts of Islamic religious education students towards the increasing normalization of LGBT in Indonesia. It also aims to educate the public about the understanding, meaning, and law of LGBT in Islam. The research method used is qualitative and is an approach or survey to examine and understand the main symptoms. To understand the main symptoms, researchers conducted interviews with respondents, asking several more general questions. After conducting interviews, the researchers initially obtained conflicting results. Students' perceptions of LGBT were contradictory. Second, PAI students do not agree that LGBT is normalized in Indonesia, either officially (legalized by the government) or unofficially (considered normal by society). The third effort of PAI students in minimizing LGBT in Indonesia is by providing education to the community directly or indirectly.    

Qulniyah Qulniyah; Robingun Suyud El Syam; Nur Farida

Jurnal Manajemen dan Pendidikan Agama Islam 2024 Asosiasi Riset Pendidikan Agama dan Filsafat Indonesia

Morals are a condition that is inherent in the human soul, which gives birth to actions. If this situation gives rise to good and commendable actions according to reason and Islamic law, it is called good morals. If the actions that arise are not good, they are called bad morals. The research carried out is included in the category of library research, library research is a type of research using literature (libraries) in the form of books, notes, or reports of relevant previous research results, to obtain answers and theoretical basis regarding the problem to be researched. The library method is a type of qualitative research method. Library study research is carried out by researchers to solve a problem that relies on an in-depth review of relevant library materials. The data sources used are primary data sources and secondary data sources. Data collection techniques used include documentaries and online data documentation. Data analysis techniques, content analysis and discourse analysis. From the research results it can be concluded that 1) To find out the values of moral education in the book Idhotun Nasyi’ in the work of Syekh Musthofa Al-Ghalayain. 2) to find out the relevance of moral education from the perspective of Sheikh Musthofa Al-ghalayain today.

Teni Marzela; Nyayu Siti Fatimah; Lathifah Lathifah; Dwi Noviani

Jurnal Riset sosial humaniora, dan Pendidikan (Soshumdik) 2024 LPPM Universitas 17 Agustus 1945 Semarang

This article aims to explain in more depth that early marriage is taking away the nation's future. Early marriage in Indonesia is an increasing trend. This is demonstrated by data revealing high numbers of requests for marriage dispensation in the Religious Courts in a number of regions. In fact, sadly, the high number of requests for marriage dispensation, according to data from the National Population and Family Planning Agency (BKKBN), 80% of them are due to pregnancy out of wedlock. Marriage is an important thing in the human life cycle. One of the reasons for marrying young is to avoid promiscuity that violates religious and social norms, as well as reducing the burden on parents. Early marriage is a phenomenon that robs the nation of its future. This article discusses the negative impact of early marriage on children's growth, society, education and public health. By analyzing the factors that influence the continuation of early marriage, it is hoped that effective preventive steps can be taken to protect the future of future generations.

Aisya Aisya; Helniyani Helniyani; Putri Wulandari; Dwi Noviani

Al-Tarbiyah: Jurnal Ilmu Pendidikan Islam 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

There was a divorce that broke the relationship between a husband and a wife. But there are other attempts to unite the couple through one word called reference. This study aims to describe and analyze the different references and reference procedures between the KHI and some of the Mazhab views. The research carried out using library research with the collection of data obtained from the study of the library (library research). The data received is divided into two primary data and secondary data. Furthermore, the data analysis techniques in this research are qualitative with deductive-inductive reasoning. The results of the study show that there is a reference difference in the view of the mazhab and KHI which is the maintenance of marriage. According to Mahab Shafi'i, the reference is to restore the status of marriage law in the midst of 'iddah after the occurrence of talak Raj'i. According to the hambali reference was to return to the state of the wife after the happening of the talak raj'i and is still in the iddah without repeating the interruption. Meanwhile, according to Imam Malik the referral is the return of the wives who have been interrogated other than Ba'in, with without doing interruptions and in the time of iddah. The husband who commits a ruse is a man who is lawful, reasonable, self-righteous, and not a murderer. According to Mazhab Syafi'i, the reference must be expressed in a clear or concise manner. However, according to the scholars, including Mazhab Hanafi, referrals are usually performed orally and are usually also performed directly by spouses. When the husband and wife of the village office are required to request a letter of reference for reference to KUA by showing an act of divorce issued by the Religious Court then to the office of religious affairs with the purpose of informing the KUA to reference, conducting examination, paying the fees of the registrar of references then issued the testimony has made a reference published by KUA and revoking the marriage book

Wiwik Hidayati; Eka Pandu Cynthia

International Journal of Islamic Religious Studies and Sharia 2024 International Forum of Researchers and Lecturers

The rapid advancements in Artificial Intelligence (AI) have raised significant ethical concerns across various sectors, necessitating the need for robust ethical frameworks to guide their development and implementation. This study explores the intersection of AI ethics and Islamic law, focusing on how Maqāṣid al-Sharīʿah, the higher objectives of Islamic law, can be applied to AI governance. By examining key Islamic principles such as justice, transparency, privacy, and human dignity, the study investigates how these values can provide a moral compass for addressing AI-related ethical challenges, such as algorithmic bias, privacy violations, and the erosion of human autonomy. The Maqāṣid al-Sharīʿah framework offers a proactive and vision-oriented approach, prioritizing societal well-being while ensuring the alignment of AI technologies with Islamic moral standards. Unlike traditional Islamic legal responses, which are often reactive and case-specific, the Maqāṣid approach promotes the anticipatory evaluation of technologies, emphasizing the need for a balance between technological innovation and ethical responsibility. The paper also discusses potential solutions to bridge the gaps between global AI ethics frameworks and Islamic ethical standards, including interdisciplinary collaboration and the development of hybrid regulatory models. Additionally, it highlights the need for continuous updates to Islamic legal frameworks to address emerging technological issues, ensuring that AI systems are ethically sound, Shariah-compliant, and beneficial to society. This study aims to contribute to the growing discourse on the ethical implications of AI from an Islamic perspective, offering insights into how Islamic law can play a crucial role in shaping the future of AI governance.

Zainal Panani; Mujamil Qomar; Abd. Aziz

Jurnal Budi Pekerti Agama Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

The purpose of writing this article is to find out the policy for strengthening Islamic boarding schools with the mu'ilah program. This research uses a type of library research. Library research is research carried out by reviewing various journals and related reference books. The results of his research show that the implementation of Mu'ilah is an effort to advance and equalize Islamic boarding school education and can also be used to improve the quality of Islamic boarding schools. The Mu'ilah (equalization) curriculum is applied to Salaf or modern Islamic boarding schools with certain criteria and requirements. The curriculum of salaf Islamic boarding schools that obtain Mu'ilah or equalization is the yellow book curriculum plus the general education curriculum which includes the general education curriculum as referred to in paragraph (1) (article 10 paragraph 3 PMA no. 18 of 2014) containing at least: a) education citizenship (al-tarbiyah al-wathaniyah); b) Indonesian (al-lughah al-indunisiyah); c) mathematics (al-ri.yadhiyat); and d) Natural sciences (al-ulum al-thabi'iyah). The mu'ada curriculum regulations are contained in the Islamic Boarding School Law no. 18 of 2019 concerning Islamic Boarding Schools. The Mudalam education curriculum standards listed in PMA Number 31 of 2020 concerning Islamic boarding school education CHAPTER III Mudalam Education include: curriculum, educators and education staff, assessment and graduation, facilities and infrastructure. If it is related to the National Education Standards listed in the Government Regulation of the Republic of Indonesia Number 57 of 2021 Article 3 concerning National Education Standards, namely with 8 standards, then Islamic boarding schools only apply 5 standards, namely: (1) Content Standards; (2) Process Standards; (3) Standards for Educators and Education Personnel; (4) Graduate Competency Standards;  and (5) Facilities and Infrastructure Standards.