Fatwas and their controversy: The case of the Council of Indonesian Ulama (MUI)

2012 ◽  
Vol 44 (1) ◽  
pp. 100-117 ◽  
Author(s):  
Mun'im Sirry
Keyword(s):  
Public Debate ◽  
The State ◽  
The Other ◽  
Religious Groups ◽  
Sectarian Violence ◽  
Public Debates ◽  
Shed Light

This article discusses a different side of two controversial fatwas — one against Muslims participating in Christmas celebrations and the other against pluralism, liberalism and secularism — issued by the Majelis Ulama Indonesia (MUI, Council of Indonesian Ulama). Most studies on MUI have emphasised the role that the Council's fatwas have played in inciting sectarian violence in Indonesia. Without denying the connections between violence and the MUI fatwas, this article argues that these controversial fatwas have also opened up room for more fruitful and constructive discussions among different religious groups in Indonesia. This article asks: What were the roots of the controversy over these intolerant fatwas? How did the state respond to them? And what does the controversy over these fatwas tell us about the nature of public debate on Islam in Indonesia? By answering these questions this article will shed light on aspects of contemporary Indonesian public debates about Islam that have been overlooked in current scholarship.

Rag Doll Nations and the Politics of Differentiation on Arbitrary Borders: Karelia and Moldova*

2004 ◽  
Vol 32 (2) ◽  
pp. 457-496 ◽  
Author(s):  
Mark Lawrence Schrad
Keyword(s):  
National Identity ◽  
The State ◽  
Ethnic Community ◽  
National Identities ◽  
The Other ◽  
Interesting Aspect ◽  
Territorial Boundaries ◽  
Shed Light

“Tell a man today to go and build a state,” Samuel Finer once stated, “and he will try to establish a definite and defensible boundary and compel those who live inside it to obey him.” While at best an oversimplification, Finer's insight illuminates an interesting aspect of state-society relations. Who is it that builds the state? How and where do they establish territorial boundaries, and how are those who live within that territory compelled to obey? Generally speaking, these are the questions that will be addressed here. Of more immediate concern is the fate of peoples located in regions where arbitrary land boundaries fall. Are they made loyal to the state through coercion or by their own compulsions? More importantly, how are their identities shaped by the efforts of the state to differentiate them from their compatriots on the other side of the borders? How is the shift from ethnic to national identities undertaken? A parallel elaboration of the national histories of the populations of Karelia and Moldova will shed light on these questions. The histories of each group are marked by a myriad of attempts to differentiate the identity of each ethnic community from their compatriots beyond the state's borders. The results of such overt, state-initiated efforts to differentiate borderland populations by encouraging a national identity at the expense of the ethnic, has ranged from the mundane to the tragic—from uneventful assimilation to persecution and even genocide. As an illustration of the range of possibilities and processes, I maintain that the tragedies of Karelia and Moldova are not exceptional, but rather are a consequence of their geographical straddling of arbitrary borders, and the need for the state to promote a distinctive national identity for these populations to differentiate them socially from their compatriots beyond the frontier.

Jainism in Danger? Temple entry and the rhetoric of religion and reform in post-colonial India

2020 ◽  
pp. 1-37
Author(s):  
MANISHA SETHI
Keyword(s):  
Twentieth Century ◽  
The State ◽  
The Other ◽  
Post Colonial ◽  
Colonial India ◽  
The Public ◽  
Public Debates ◽  
Definition Of ◽  
Open The Doors ◽  
The Relationship

Abstract A bitter debate broke out in the Digambar Jain community in the middle of the twentieth century following the passage of the Bombay Harijan Temple Entry Act in 1947, which continued until well after the promulgation of the Untouchability (Offences) Act 1955. These laws included Jains in the definition of ‘Hindu’, and thus threw open the doors of Jain temples to formerly Untouchable castes. In the eyes of its Jain opponents, this was a frontal and terrible assault on the integrity and sanctity of the Jain dharma. Those who called themselves reformists, on the other hand, insisted on the closeness between Jainism and Hinduism. Temple entry laws and the public debates over caste became occasions for the Jains not only to examine their distance—or closeness—to Hinduism, but also the relationship between their community and the state, which came to be imagined as predominantly Hindu. This article, by focusing on the Jains and this forgotten episode, hopes to illuminate the civilizational categories underlying state practices and the fraught relationship between nationalism and minorities.

Torture, The State and the Individual

1989 ◽  
Vol 23 (2-3) ◽  
pp. 345-356 ◽  
Author(s):  
Sanford H. Kadish
Keyword(s):  
Moral Philosophy ◽  
Liberal Democracy ◽  
Public Debate ◽  
The State ◽  
The Other ◽  
Innocent Person ◽  
Democratic Community ◽  
The Individual ◽  
Painful Question

The Report of the Landau Commission puts a painful question for public debate: can it ever be morally acceptable in a liberal democracy for the state to use cruel measures against a person to compel him to reveal information needed to prevent grave harms, such as the loss of lives? The question, of course, belongs to a class of questions that has baffled and divided people for generations. Are some actions inherently and intrinsically wrong, so that they may not be redeemed by the net good consequences they produce on balance? Even if this is the case in general, can it be true regardless of the enormity of the consequences? Battle lines in moral philosophy are drawn in terms of how these questions are answered. For consequentialists the morality of all actions is solely determined by their consequences, near and long term. For deontologists the morality of all actions is always determined, at least in part, by their intrinsic wrongness, so that if they are wrong they are not made right by their desirable consequences. Each side has, so it seems, an unanswerable objection to the position of the other. Deontologists ask: then you mean you are ready to declare, for example, that punishment of innocent persons may be morally justified if it is necessary to prevent crime? And consequentialists (without answering) ask in turn: then you mean that even if the life of thousands and the preservation of the basic freedoms of a democratic community depend on it, you would regard it as morally prohibited to use any force against a single innocent person?These questions are among the hardest of all hard questions. But they become even harder when they are asked in the context of a public debate over how a government should act in some immediate crisis.

scholarly journals “PERAN PANCASILA PADA ERA GLOBALISASI” KAJIAN TERHADAP PANCASILA DAN FENOMENA LGBT (LESBIAN,GAY,BISEXUAL,TRANSGENDER) DI INDONESIA

2017 ◽  
Vol 19 (1) ◽  
pp. 126
Author(s):  
Wawan Setiawan ◽  
Yudhitiya Dyah Sukmadewi
Keyword(s):  
Human Rights ◽  
The State ◽  
The Other ◽  
Religious Groups ◽  
Sexual Deviation ◽  
Other Hand ◽  
The People ◽  
Lgbt Community ◽  
Pros And Cons ◽  
Lgbt People

LGBT phenomenon into a "hot issue" in the international and national levels. LGBT phenomenon in Indonesia would result in the pros and cons of the community. Various groups of people, mainly from religious groups opposed to the existence of the phenomenon. On the other hand, there are also groups that support the LGBT community in Indonesia, the main actors and human rights activists (Human Rights). Most LGBT people found contrary to the noble values of Pancasila, but on the other hand assumes that actors LGBT community is not sexual deviation, and shall have the rights and equality. It is thus necessary to do a study to determine the response of the people of Indonesia respond to the phenomenon of LGBT specifically in this case the younger generation, as well as to determine whether or not the phenomenon of LGBT contrary to the basic values of Pancasila as the State Indonesia.

scholarly journals Religion is an integral part of ethno-national consciousness

2009 ◽  
pp. 166-171
Author(s):  
I. Gayuk
Keyword(s):  
The State ◽  
The Other ◽  
National Consciousness ◽  
Religious Groups ◽  
Related Factors ◽  
Self Identity ◽  
National Minorities ◽  
Religious Idea ◽  
Spatial Niche ◽  
The One

The problem of ethnic self-identification became especially relevant in the 21st century. as a result of global globalization processes. It has long gone beyond the limits of purely scientific and has acquired socio-political significance, especially in the so-called so-called. national minorities living in the Diaspora. The nature of self-identity is determined by three distinct, but closely related factors: religion, culture, and state. Religion or a new religious idea becomes the dominant of the formation of a new ethnos; it is religion that determines the basic cultures of each nation. Religion and culture (in the broad sense of the term) are manifested in a certain state space, so the nature of their functioning depends largely on the state. However, relations between the state and culture are the result of the interaction of two vector-opposite processes: on the one hand, there is a tendency to form a single space-time - state - field of culture with unified norms, values, outlook and worldview (one state, one people, one culture). ; on the other, the desire of different ethno-religious groups to preserve their spatial niche and develop their own religious-cultural and legal specificity.

The eighty-eighters: the arena of youth politics and the break-up of Yugoslavia

2017 ◽  
Author(s):  
Ljubica Spaskovska
Keyword(s):  
Human Rights ◽  
Public Debate ◽  
The Other ◽  
The Public ◽  
Youth Politics ◽  
Political Debates ◽  
Politics And Culture ◽  
Break Up ◽  
The One ◽  
Shed Light

The last chapter looks at the ways the Youth League initially sought to reform and re-invent its role and mission and was later subsumed in and divided by the wider Yugoslav political debates and developments in the country. The proposed statute changes which came out of the public debate organised by the SSOJ in 1989 reflected both the gap between the Slovenian, on the one hand, and the Serbian, the Montenegrin and the Army youth leagues, on the other, but also shed light on a spectrum of shared visions and values which existed among the other branches. The chapter reflects upon the (lack of) consensus about the dilemma of how to modernise Yugoslav society and the sphere of institutional youth politics and culture and shows how by the end of the decade the consensus on change and reform and the discourse of ‘pluralism of self-managing interests’ was almost entirely replaced by a new discourse of human rights and liberal values which foreshadowed the ‘exit from socialism’.

From the “Judicialization of Politics” to the “Politicization of Justice” in the UK and Switzerland

2016 ◽  
Vol 6 (2) ◽  
pp. 118-135
Author(s):  
Lucia Della Torre
Keyword(s):  
General Rule ◽  
The State ◽  
The Other ◽  
Specific Field ◽  
Widespread Phenomenon ◽  
Judicialization Of Politics ◽  
The Uk ◽  
Migration Law

Not very long ago, scholars saw it fit to name a new and quite widespread phenomenon they had observed developing over the years as the “judicialization” of politics, meaning by it the expanding control of the judiciary at the expenses of the other powers of the State. Things seem yet to have begun to change, especially in Migration Law. Generally quite a marginal branch of the State's corpus iuris, this latter has already lent itself to different forms of experimentations which then, spilling over into other legislative disciplines, end up by becoming the new general rule. The new interaction between the judiciary and the executive in this specific field as it is unfolding in such countries as the UK and Switzerland may prove to be yet another example of these dynamics.

A Politics of Intensity: Some Aspects of Acceleration in Simondon and Deleuze

2017 ◽  
Vol 11 (4) ◽  
pp. 498-517
Author(s):  
Yuk Hui ◽  
Louis Morelle
Keyword(s):  
Conceptual Framework ◽  
The Other ◽  
Generic Concept ◽  
Philosophical Thought ◽  
Ontological Ground ◽  
Shed Light

This article aims to clarify the question of speed and intensity in the thoughts of Simondon and Deleuze, in order to shed light on the recent debates regarding accelerationism and its politics. Instead of starting with speed, we propose to look into the notion of intensity and how it serves as a new ontological ground in Simondon's and Deleuze's philosophy and politics. Simondon mobilises the concept of intensity to criticise hylomorphism and substantialism; Deleuze, taking up Simondon's conceptual framework, repurposes it for his ontology of difference, elevating intensity to the rank of generic concept of being, thus bypassing notions of negativity and individuals as base, in favour of the productive and universal character of difference. In Deleuze, the correlation between intensity and speed is fraught with ambiguities, with each term threatening to subsume the other; this rampant tension becomes explicitly antagonistic when taken up by the diverse strands of contemporary accelerationism, resulting in two extreme cases in the posthuman discourse: either a pure becoming, achieved through destruction, or through abstraction that does away with intensity altogether; or an intensity without movement or speed, that remains a pure jouissance. Both cases appear to stumble over the problem of individuation, if not disindividuation. Hence, we wish to raise the following question: in what way can one think of an accelerationist politics with intensity, or an intensive politics without the fetishisation of speed? We consider this question central to the interrogation of the limits of acceleration and posthuman discourse, thus requiring a new philosophical thought on intensity and speed.

A Note on Mandela v Executors, Estate Nelson Mandela 2018 (4) SA 86 (SCA) and the Conundrum around the Customary Marriage between Nelson and Winnie Mandela

2019 ◽  
Vol 34 (2) ◽  
Author(s):  
Sipho Stephen Nkosi
Keyword(s):  
Supreme Court ◽  
The State ◽  
The Other ◽  
Customary Law ◽  
Eastern Cape ◽  
High Court ◽  
Nelson Mandela ◽  
The Supreme Court ◽  
Court Of Appeal

The note is about the appeal lodged by the late Mrs Winnie Madikizela-Mandela to the SCA against the decision of the Eastern Cape High Court, Mthatha, dismissing her application for review in 2014. In that application, she sought to have reviewed the decision of the Minister of Land Affairs, to transfer the now extended and renovated Qunu property to Mr Mandela and to register it in his name. Because her application was out of time, she also applied for condonation of her delay in making the application. The court a quo dismissed both applications with costs, holding that there had been an undue delay on her part. Mrs Mandela then approached the Supreme Court of Appeal, for special leave to appeal the decision of the court a quo. Two questions fell for decision by the SCA: whether there was an unreasonable and undue delay on Mrs Mandela’s part in instituting review proceedings; and whether the order for costs was appropriate in the circumstances of the case. The SCA held that there was indeed an unreasonable delay (of seventeen years). Shongwe AP (with Swain, Mathopo JJA, Mokgothloa and Rodgers AJJA concurring) held that the fact that there had been an undue delay does not necessarily mean that an order for costs should, of necessity, particularly where, as in this case, the other litigant is the state. It is the writer’s view that two other ancillary points needed to be raised by counsel and pronounced on by the Court: (a) the lawfulness and regularity of the transfer of the Qunu property to Mr Mandela; and (b) Mrs Mandela’s status as a customary-law widow—in relation to Mr Mandela.

The Principles of Zakat and Tax Upon the Time of Rasulullah SAW.

2017 ◽  
Vol 1 (1) ◽  
pp. 90
Author(s):  
Dian Septiandani ◽  
Abd. Shomad
Keyword(s):  
Literature Review ◽  
Economic Thought ◽  
The State ◽  
The Other ◽  
Primary Data ◽  
Other Hand ◽  
Islamic Economic ◽  
General Expense

Zakat is one of principal worship requiring every individual (<em>mukallaf</em>) with considerable property to spend some of the wealth for zakat under several conditions applied within. On the other hand, tax is an obligation assigned to taxpayers and should be deposited into the state based on policies applied, with no direct return as reward, for financing the national general expense. In their development, both zakat and tax had quite attention from Islamic economic thought. Nevertheless, we, at first, wanted to identify the principles of zakat and tax at the time of Rasulullah SAW. Therefore, this study referred to normative research. The primary data was collected through library/document research and the secondary one was collected through literature review by inventorying and collecting textbooks and other documents related to the studied issue.

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