Law and Society Review Special Issue Introduction: Islamic Law, Society, and the State

2018 ◽  
Vol 52 (3) ◽  
pp. 560-573 ◽  
Author(s):  
Tamir Moustafa ◽  
Jeffrey Adam Sachs
Keyword(s):  
Islamic Law ◽  
The State ◽  
Law And Society ◽  
Special Issue ◽  
Society Review

Islamic Law and Society in Southeast Asia

2016 ◽  
pp. 588-608
Author(s):  
Melissa Crouch
Keyword(s):  
Southeast Asia ◽  
Armed Conflict ◽  
Islamic Law ◽  
Comparative Law ◽  
The Philippines ◽  
The State ◽  
Law And Society ◽  
Legal Studies ◽  
Muslim Minorities

This article explores the ways Islam is recognized by the state in Southeast Asia, along with the scholarly debates that have arisen in response to these Islam-state configurations. It begins with an overview of the work of Professor M. B. Hooker, a pioneer of the field of comparative law in Southeast Asia, especially his study of Islamic law. It then considers how scholars have addressed the regulation and institutionalization of Islam in Malaysia, Indonesia, Brunei, and Singapore as well as the tensions and armed conflict between Muslim minorities and the state in Thailand and the Philippines, while largely overlooking Muslim minorities of Myanmar. Finally, it discusses the ongoing challenge of advocating for the importance of the study and contribution of Islamic law in Southeast Asia to the broader field of Islamic legal studies.

scholarly journals Shari’a

2010 ◽  
Vol 27 (2) ◽  
pp. 101-104
Author(s):  
Iza Hussin
Keyword(s):  
Islamic Law ◽  
Academic Discipline ◽  
The State ◽  
The Other ◽  
Law And Society ◽  
Legal Knowledge ◽  
Legal Studies ◽  
Its Analysis ◽  
Contemporary Islam

In his “Introduction,” Hallaq states that this work approaches the field ofIslamic law in a way that few other scholars have attempted. “To write thehistory of Shari’a is to represent the Other,” he argues; “history, both Islamicand European, is the modern’s Other, and ... in the case of Islam this historyis preceded by another Other – namely contemporary Islam” (p. 1). This approach, which treats the Shari`ah as an aggregate of its history – its theory,institutional and societal applications, and implications in projects of power– also draws the discipline of Islamic legal studies into its analysis. ForHallaq, the “extraordinary innocence” of modern scholarship concerningIslamic law and society “proceeds ... unaware of (its) culpable dependency... on the ideology of the state” (p. 5). His approach brings together two intellectualaims: (a) to illumine the conditions of production and power relationswithin which Islamic legal knowledge, as an academic discipline, was builtand (b) to further elaborate upon the Shari`ah’s development as a system ofthought, practice, and institutions throughout its history. My review willfocus upon how these two major strands interweave and the new contributionsthe author makes to the study of Islamic law and society ...

scholarly journals Khulʿ: Local Contours of a Global Phenomenon

2019 ◽  
Vol 26 (1-2) ◽  
pp. 1-11
Author(s):  
Nadia Sonneveld ◽  
Erin Stiles
Keyword(s):  
Islamic Law ◽  
Law And Society ◽  
Special Issue

AbstractThis special issue of Islamic Law and Society takes a close look at contemporary manifestations of an Islamic divorce procedure known as khulʿ. Studying khulʿ is not an easy matter, in large part because it is not exactly clear what khulʿ is. Is khulʿ consensual or non-consensual, judicial or extrajudicial, fault or no-fault based? Does khulʿ result in ṭalāq (unilateral repudiation by a husband), or is it an entirely different form of divorce? Is khulʿ initiated by wives or by husbands? As we will explain below, the answer to all of these questions is “yes,” as khulʿ is all of these things.

Metodologi Pengeluaran Fatwa di Jawatankuasa Fatwa Negeri Johor

2018 ◽  
Vol 13 (1) ◽  
pp. 70-88
Author(s):  
Mohd Faez Mohd Shah ◽  
Norhidayah Pauzi
Keyword(s):  
Literature Review ◽  
Research Methods ◽  
Research Methodology ◽  
Research Method ◽  
Islamic Law ◽  
Field Research ◽  
The State ◽  
Original Source ◽  
Interview Methods ◽  
The Right

In the discipline of Islamic law research, strong proofing and clear Istinbat method are key pillars in the construction of Islamic law based on the application of the science of usul al-fiqh and maqasid al-shari'ah. However, what happens at the state of Johor’s fatwa institution is the opposite. The fatwa research methods applied by the Fatwa Committee of Johor in resolving current fatwa issues is not based on the right and true discipline of Islamic law research. In fact, current inputs related to fatwa issues are not explicitly stated in the method of determining the law either in the form of reality or scientifically verified. Therefore, this paper will discuss the fatwa procedures undertaken by the Fatwa Committee of Johor based on the methods applied in resolving current issues. The research methodology adopted is library and interview methods. This study shows that fatwa management and production in the state of Johor is placed under the jurisdiction of the Mufti of Johor’s Department. The methods adopted by the Fatwa Committee of Johor covers two methods, namely: internal research methods including literature review through the application of original source and proofs based on syarak. Second: field research method that includes an external review or going to the location of study such as conducting observation, questionnaires and interviews including referrals to specialists of different fields. Maslahah and mafsdah consideration are also implemented by the Fatwa Committee in every fatwa decision based on the standard that meets the interests of maqasid al-shari'ah. Keywords: Metode, fatwa, istinbat, usul al-fiqh, maqasid al-shari’ah ABSTRAK Dalam disiplin penyelidikan hukum Islam, kekuatan pendalilan dan kaedah istinbat yang jelas merupakan tunggak utama dalam pembinaan hukum Islam berasaskan kepada aplikasi ilmu usul al-fiqh dan maqasid al-shari’ah. Namun begitu, apa yang berlaku di institusi fatwa negeri Johor adalah sebaliknya. Kaedah penyelidikan fatwa yang diaplikasi oleh Jawatankuasa Fatwa Negeri Johor dalam menyelesaikan isu fatwa semasa tidak berasaskan kepada disiplin penyelidikan hukum Islam yang tepat dan sebenar. Malahan input-input semasa yang berkaitan dengan isu fatwa juga tidak dinyatakan secara jelas dalam kaedah penentuan hukum sama ada dalam bentuk realiti yang berlaku atau pembuktian secara saintifik. Justeru, kertas kerja ini akan membincangkan prosedur fatwa Jawatankuasa Fatwa Negeri Johor berdasarkan metode-metode yang diaplikasi dalam menyelesaikan isu-isu yang bersifat semasa. Metodologi kajian yang digunakan dalam kajian ini adalah melalui metode perpustakaan dan metode lapangan. Hasil kajian menunjukkan bahawa pengurusan dan pengeluaran fatwa di negeri Johor hanya terletak di bawah bidang kuasa Jabatan Mufti Johor. Metode fatwa yang diamalkan oleh Jawatankuasa Fatwa Negeri Johor merangkumi dua metode iaitu pertama, kaedah penyelidikan dalaman yang merangkumi kajian kepustakaan menerusi pengaplikasian dari sumber asas dan dalil-dalil syarak. Kedua, kaedah penyelidikan lapangan yang meliputi kajian luaran atau turun ke lokasi kajian seperti observasi, soal selidik dan temubual dan rujukan kepada pakar dalam bidang yang berlainan. Pertimbangan maslahah dan mafsdah juga dimplementasikan oleh Jawatankuasa Fatwa dalam setiap keputusan fatwanya berasaskan standard yang menepati kepentingan maqasid al-shari’ah. Kata kunci: Metode, fatwa, istinbat, usul al-fiqh, maqasid al-shari’ah

An Introduction to the Special Issue on Energy and the Environment

Commonwealth ◽  
2017 ◽  
Vol 19 (1) ◽  
Author(s):  
Christopher Borick
Keyword(s):  
Public Policy ◽  
The State ◽  
Special Issue

“An Introduction to the Special to the Special Issue on Energy and the Environment” provides an overview of the state of the literature relating to Pennsylvania in these areas of public policy. It then introduces each of the articles in this issue of the journal. 

Hukum Denda dalam Keuangan Publik Islam di Indonesia

2018 ◽  
Vol 12 (2) ◽  
pp. 313-328
Author(s):  
Fathul Aminudin Aziz
Keyword(s):  
Islamic Law ◽  
The State ◽  
Mutual Benefit ◽  
State Budget ◽  
The People ◽  
The Status ◽  
The Government

Fines are sanctions or punishments that are applied in the form of the obligation to pay a sum of money imposed on the denial of a number of agreements previously agreed upon. There is debate over the status of fines in Islamic law. Some argue that fines may not be used, and some argue that they may be used. In the context of fines for delays in payment of taxes, in fiqh law it can be analogous to ta'zir bi al-tamlīk (punishment for ownership). This can be justified if the tax obligations have met the requirements. Whereas according to Islamic teachings, fines can be categorized as acts in order to obey government orders as taught in the hadith, and in order to contribute to the realization of mutual benefit in the life of the state. As for the amount of the fine, the government cannot arbitrarily determine fines that are too large to burden the people. Penalties are applied as a message of reprimand and as a means to cover the lack of the state budget.

EFEKTIVITAS PELAKSANAAN PERATURAN PENCATATAN PERCERAIAN DI KANTOR URUSAN AGAMA

2020 ◽  
Vol 6 (1) ◽  
pp. 1-15
Author(s):  
Juriyana Megawati Hasibuan Dan Fatahuddin Aziz Siregar
Keyword(s):  
Islamic Law ◽  
The State ◽  
Judicial Process ◽  
Positive Law ◽  
State Administration ◽  
Shipping Costs ◽  
The Status ◽  
Happy Marriage ◽  
Religious Courts ◽  
Laws And Regulations

Marriage is a sacred bond which is ideally only held once in a lifetime. Both Islamic law and positive law require an eternal happy marriage. To support this the Koran proclaims marriage as mitsaqan galiza. The marriage is then registered in the state administration. In line with this, the laws and regulations are formulated in such a way as to make divorce more difficult. However, when there are acceptable reasons and due to coercive conditions, divorce can be done through a judicial process. The divorce must then be registered by taking certain procedures. The court delivered the notice and sent a copy of the decision to the marriage registrar to file the divorce properly. The implementation of this divorce record was not effective. The separation of the Religious Courts Institution from the Ministry of Religion has become a factor that causes the registration task not to be carried out. The loss of the obligation to submit a copy of the decision on the judge's ruling caused the recording to be constrained. The unavailability of shipping costs also contributed to the failure to register divorce. Even though there is a threat to the Registrar who neglects to deliver a copy of the verdict, unclear sanctions make this ineffective. As a result of the lack of recording of divorce, the status of husband and wife becomes unclear and opens opportunities for abuse of that status.

EKSISTENSI PENERAPAN HUKUMAN MATI DI INDONESIA

2016 ◽  
Vol 1 (1) ◽  
Author(s):  
R Ahmad Muhammad Mustain Nasuha
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Islamic Law ◽  
Criminal Code ◽  
The State ◽  
Court Decision ◽  
Constitutional Court ◽  
Draft Bill

This study aims the death penalty in Indonesia. We know where the death penalty is contrary or not in terms of the constitution and Islamic law, then we can conclude that if the legal implementation of the death penalty in Indonesia continue to be done or should be abolished. Based on research and the analysis conducted, conclude that Indonesia According to the Indonesian Constitution that the death penalty in Indonesia is constitutional. Constitutional Court Decision No. 2-3 / PUU-V / 2007 states that the imposition of the death penalty was constitutional. Any law governing capital punishment is not contrary to the Constitution of the State of Indonesia. However the legislation in Indonesia death penalty is still recognized in some legislation. There are three groups of rules, namely: Criminal Dead in the Criminal Code, Criminal die outside the Criminal Code, Criminal die in the Draft Bill. According to Islamic law that the death penalty could be applied to some criminal act or jinazah, either hudud qishahs, diyat or ta'zir among others to: Apostate, Rebel, Zina, Qadzaf (Allegations Zina), Steal (Corruption), Rob (Corruption), Murder.

Policing and Political Violence

2021 ◽  
pp. 002200272110130
Author(s):  
Kristine Eck ◽  
Courtenay R. Conrad ◽  
Charles Crabtree
Keyword(s):  
Political Violence ◽  
The State ◽  
Special Issue ◽  
Conflict Studies ◽  
Future Directions ◽  
Conflict Processes ◽  
State Security ◽  
New Research ◽  
Conflict Research

The police are often key actors in conflict processes, yet there is little research on their role in the production of political violence. Previous research provides us with a limited understanding of the part the police play in preventing or mitigating the onset or escalation of conflict, in patterns of repression and resistance during conflict, and in the durability of peace after conflicts are resolved. By unpacking the role of state security actors and asking how the state assigns tasks among them—as well as the consequences of these decisions—we generate new research paths for scholars of conflict and policing. We review existing research in the field, highlighting recent findings, including those from the articles in this special issue. We conclude by arguing that the fields of policing and conflict research have much to gain from each other and by discussing future directions for policing research in conflict studies.

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