The Social Logic of Taqlīd and the Rise of the Mukhataṣar

AbstractThe study of the relationship between ijtihād and Taqlīd has been dominated by an approach that privileges ijtihād over Taqlīd on the assumption that the former is an intellectually superior mode of legal reasoning. By analyzing the role of Taqlīd in regulating the actions of muftīs and judges as discussed by post-6th/12th century jurists of the Mālikī school, I conclude that Taqlīd resulted from the desire to have uniform rules rather than as a result of intellectual stagnation. While ijtihād was individualistic and solipsistic, Taqlīd was the result of group interpretation that provided an objective basis upon which legal decisions and legal rulings could be described as being either substantively correct or incorrect. Viewed in this light, Taqlīd was originally a desire to limit the discretionary power of legal officials, especially those at the bottom of the legal hierarchy. The desire to possess uniform rules found its logical outcome in the legal genre of the mukhtaṣar as it emerged in the 7th/13th century. The mukhtaṣar functioned as the authoritative collection of a legal school's doctrine, and, for that reason, I argue that Islamic law in the age of mukhtaṣars is best understood as a codified Common Law.

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UNDERSTANDING THE MEANING OF GOD’S LEGISLATION: Critical Analysis of Islamic Law Reasoning Criticism in Indonesia

JURISDICTIE ◽

10.18860/j.v11i2.9913 ◽

2021 ◽

Vol 11 (2) ◽

pp. 182-201

Author(s):

Ipandang Ipandang

Keyword(s):

Islamic Law ◽

Legal Reasoning ◽

Conceptual Approach ◽

Religious Texts ◽

Analysis Process ◽

The Social ◽

The One ◽

Textual Meaning ◽

Interpretation Model

The existence of Islamic law in dealing with social problems is questioned. The authoritative claim on the establishment of Islamic law by certain ulama organization is presumed to weaken the role of Islamic law in society. This article aims to analyze the legal reasoning structure and interpretation model of mufti (the one issuing fatwa) in establishing Islamic law. This article is based on the doctrinal legal research with conceptual approach, particularly on the thought of Khaled M. Abou El Fadl. By going through the analysis process of critical negotiation, there will be constructive dialectic to produce a humanistic Islamic law. This article found that the authority of textual meaning needs to be placed on top of the authority of mufti. The structured legal reasoning will silence the tafsir plurality on religious texts. The stagnation of this fatwa can be bridged via open Hermeneutics method which is dialectic among the author, text, reader, and the target discourse. So, fatwa can be the fundamental solution of the social problem which is humanistic.Eksistensi hukum Islam dalam menangani masalah sosial kemasyarakatan mulai diragukan. Klaim otoritas penetapan hukum Islam oleh organisasi ulama tertentu disinyalir menjadi sebab melemahnya peran hukum Islam dalam masyarakat. Artikel ini bertujuan menganalisis struktur nalar hukum dan model interpretasi pemberi fatwa dalam penetapan hukum Islam. artikel ini berasal dari penelitian hukum doctrinal dengan konseptual khususnya pemikiran Khaled M. Abou El Fadl. Karena melalui proses analisis negosiasi kritis, akan muncul dialektika yang konstruktif untuk menghasilkan hukum Islam yang humanis. Artikel ini menemukan bahwa otoritas makna teks perlu diposisikan di atas kewenangan pemberi fatwa. Penalaran hukum yang terlembaga akan mendorong pembungkaman pluralitas tafsir teks agama. Kebekuan hasil fatwa ini dapat dijembatani melalui metode hermeneutika terbuka yang bersifat dialektis, antara pengarang, teks, pembaca, dan sasaran wacana. Sehingga fatwa dapat menjadi sandaran penyelesaian problem sosial kemasyarakatan yang humanis.

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Language Strategies in Legal Reasoning of Judgments: an Engagement-Adaptation Model

International Journal of English Language Education ◽

10.5296/ijele.v8i1.16384 ◽

2020 ◽

Vol 8 (1) ◽

pp. 67

Author(s):

Wenxiu Song

Keyword(s):

Social Role ◽

Legal Reasoning ◽

Appraisal Theory ◽

Adaptation Theory ◽

The Social ◽

Language Strategies ◽

The Relationship ◽

Engagement System ◽

Adaptation Model

Legal reasoning, as the core of the judgment, has always been the focus of legal community. While in fact, the reasoning of judgment is not only related to knowledge of jurisprudence but also associates closely with the use of language strategies and thus deserves the attention of linguistic scholars. This study attempts to explore the language strategies underlying the legal reasoning of judgment based on engagement system of appraisal theory and adaptation theory. Through analyzing the legal reasoning of ten American judgments, it is found that substantial engagement resources are employed in the reasoning, among which Attribute occurs most frequently, followed by Deny, Entertain, Counter, Endorse, and Pronounce is the least favored resource in the legal reasoning of judgments, which is the result of the adaptation to the social role of the judges, the relationship between power and equality in court, as well as the expected psychology of the audience of the judgments.

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Mediasi Kepuasan Kerja dan Stres Kerja pada Hubungan antara Program Jamsostek dan Kinerja Karyawan Studi Kasus pada Perusahaan Swasta di DIY dan Solo

Jurnal Maksipreneur Manajemen Koperasi dan Entrepreneurship ◽

10.30588/jmp.v3i1.89 ◽

2013 ◽

Vol 3 (1) ◽

pp. 75

Author(s):

Eny Sulistyowati ◽

Totok Danangdjojo

Keyword(s):

Job Satisfaction ◽

Social Security ◽

Job Stress ◽

Work Stress ◽

Program Performance ◽

Social Security Program ◽

Mediating Role ◽

The Social ◽

The Relationship

This study aims to explain the influence of the Social Security program on performance and job satisfaction and job stress as a mediating variable. In addition, this study also describes the effect of job satisfaction on the performance and the effect of work stress on performance. The relationship of each variable in this research is to be measured by conducting a survey on 145 employees of private companies that included in Social Security program on DIY and Solo. Then the path analisys used to test the effect of social security program performance in mediation by job satisfaction, performance and job stress, job satisfaction, and examines the effect on the performance and the effect of work stress on performance. The results showed that the social security program significant positively affects job satisfaction and performance. Job satisfaction was also positively and significantly affect performance. Even though mediating role of job satisfaction in the relationship between social security program performance partial. Because merely direct relationship between social security program with greater performance than the mediating role of job satisfaction. Social Security program did not significantly affect the stress of work, as well as job stress did not significantly affect performance. Therefore, the mediating role of work stress on the relationship between social security program with the performance did not occur. Individual differences and work experience may be a factor that causes no significant relationship between the two variables.

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The Failure of Functional Theologies of Ministry and the Promise of a Relational Alternative

Ecclesiology ◽

10.1177/1744136605052778 ◽

2005 ◽

Vol 1 (3) ◽

pp. 27-43

Author(s):

Graham Buxton

Keyword(s):

Pastoral Theology ◽

Pastoral Ministry ◽

Theory And Practice ◽

Theological Method ◽

Systematic Theology ◽

The Social ◽

Practical Ministry ◽

Pastoral Theory ◽

The Relationship

AbstractThe author critiques inductive approaches to pastoral theology that rely on the empirical methodology of the social and human sciences, and presents an alternative Christocentric praxis model of pastoral ministry. The result is an attempt to integrate pastoral theory and practice that shifts the perspective away from functionally-determined theologies of ministry to a relationally oriented and hermeneutically coherent model of orthopraxis in which theory and practice interact in a way that is intended to both deepen faith and transform lives. Some of the key themes that inform the discussion are the importance of theological method, the role of the community as the context for care, the relationship between practical ministry and systematic theology, and the notion of praxis in articulating the nature and scope of practical theology today.

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Evolving Views of Islamic Law in Turkey

Journal of Law and Religion ◽

10.1017/s0748081400000114 ◽

2013 ◽

Vol 28 (2) ◽

pp. 467-487 ◽

Cited By ~ 1

Author(s):

Russell Powell

Keyword(s):

Islamic Law ◽

Empirical Studies ◽

Exceptional Case ◽

Legal Norms ◽

Muslim Countries ◽

Law And Politics ◽

Legal Opinions ◽

Turkish Constitution ◽

The Relationship

The tradition of Kemalist secularism (laiklik) in Turkey is often cited to distinguish Turkey as an exceptional case among predominantly Muslim countries. While it is true that the Turkish Constitution, laws, and legal opinions approach the relationship between the state and religion very differently than those of Iran, Saudi Arabia, Egypt, or even Indonesia, it would be wrong to underestimate the role that religion plays in the formation of Turkish legal norms, including citizen understanding of those norms. There is a wealth of literature describing the nature of Turkish secularism and its evolution. A number of both quantitative and qualitative studies inquire about the preference forShari'aamong Turkish voters. The typical question asks whether respondents favor the establishment of aShari'astate. Over the past fifteen years, these surveys have received response rates ranging between five and twenty-five percent in favor of such a state. However, these results are extremely problematic, because they do not provide any context or meaning for “the establishment of aShari'astate,” either for those who favor it or for those who oppose it. This study begins to unpack the range of possible meanings attributed toShari'awithin Turkey, both among voters and among intellectuals, as a framework for future empirical studies and as a basis for deeper understandings of the role of Islam within Turkish law and politics.

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Study of Consumer Brand Following Intention on Instagram

International Journal of Online Marketing ◽

10.4018/ijom.2021040103 ◽

2021 ◽

Vol 11 (2) ◽

pp. 32-51

Author(s):

Simran Kaur Madan ◽

Payal S. Kapoor

Keyword(s):

Social Media ◽

Consumer Motivation ◽

Media Usage ◽

Consumer Skepticism ◽

Consumption Decisions ◽

The Social ◽

Media Platform ◽

Relationship Of ◽

The Relationship

The research, based on uses and gratifications theory, identifies consumer motivation and factors that influence consumers' intention to follow brands on the social media platform of Instagram. Accordingly, this study empirically examines the role of need for self-enhancement, the need for entertainment, and deal-seeking behaviour on the intention to follow brands on Instagram. Further, the study investigates the mediation of social media usage behaviour for consumption decisions on eliciting brand following behaviour. Moderation of consumer skepticism on the relationship of deal-seeking behaviour, and intention to follow brands is also investigated. Findings reveal a significant direct effect of need for self-enhancement, need for entertainment, and deal-seeking behaviour on intention to follow brands. Indirect effect of social media usage behaviour for consumption decisions was also significant; however, moderation of consumer skepticism was not found to be significant. The study will help marketers create engaging content that enables consumer-brand interactions.

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Brand and influencer strategies in social media marketing of luxury brands in African cities

Journal of Design Business & Society ◽

10.1386/dbs_00022_1 ◽

2021 ◽

Vol 7 (1) ◽

pp. 105-121 ◽

Cited By ~ 1

Author(s):

Mehita Iqani

Keyword(s):

Social Media ◽

Luxury Brands ◽

African Cities ◽

Global Brands ◽

Global Brand ◽

Critical Theories ◽

The Social ◽

The Relationship ◽

Depth Interviews

This article explores the role of social media promotions in the marketing of luxury, from the perspectives of both representatives of global brands and the local influencers contracted to promote them online. It provides insights into role of social media in marketing luxury in ‘new’ markets (African cities) and the complexities attendant to the relationship between brand representatives and influencers. It reports on in-depth interviews with brand representatives and social media influencers working in the luxury sector in large anglophone African cities. Empirical findings show the role of social media in how luxury is promoted by those working in the industry. Three key complexities to do with value, trust and authenticity were evident in how global brand representatives and local influencers discussed social media. In terms of value, influencers emphasize strategies for monetizing visibility, while brand managers emphasize the need to get their money’s worth. Regarding trust, influencers express caution about brands trying to exploit them, while brands express scepticism about the extent of influencer’s abilities. On the topic of authenticity, influencers emphasize how the integrity of their personal brands is paramount, while brand representatives are mostly concerned with how genuine the social media posts seem. The article provides original empirical details about the relationships between brand managers and social media influencers, as well as to the nuances of social media luxury marketing in African cities. It contributes to critical theories of branding practice in media economies of the global south.

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INTERCONNECTION OF METACOGNITION AND EXECUTIVE FUNCTIONS IN CHILDHOOD: CULTURAL-HISTORICAL CONTEXT

Moscow University Psychology Bulletin ◽

10.11621/vsp.2021.01.04 ◽

2021 ◽

pp. 79-113

Author(s):

A.N. Veraksa ◽

N.E. Veraksa

Keyword(s):

Academic Success ◽

Executive Functions ◽

Emotional Regulation ◽

Behavioral Control ◽

Self Regulation ◽

Historical Context ◽

Social Aspect ◽

The Social ◽

The Relationship

The review is devoted to the relationship between executive functions and metacognition in the context of a cultural-historical perspective. On the basis of the research carried out over the past 15 years, the commonality and differences of these constructs are shown. Special attention is paid to the development of executive functions and metacognition, their connection with the academic success of children, the role of the social aspect in their formation. The importance of an adult in the directed formation of metacognition and self-regulation is shown, which confirms the provisions of the cultural-historical theory. Within the framework of the cultural-historical paradigm, several mechanisms for the development of executive functions are considered: imitation based on understanding; sign mediation; as well as communication in a social developmental situation. L.S. Vygotsky noted that higher mental functions arise on the basis of real interactions of people, are interiorized, turning into psychological functions. The review showed that one of the most common models of the structure of executive functions is a model that includes such components as “working memory”, “inhibitory control” and “cognitive flexibility”. Based on the analysis, it is possible to assert the influence of J. Piaget’s concept on the development of executive functions. A certain difficulty is caused by the explanation of emotional regulation in the context of metacognitive problems. At the same time, L.S. Vygotsky spoke about the unity of affect and intellect, which suggests the existence behavioral control and, in particular, of emotional processes at the level of metacognitive processes.

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The Influence of Internet and Social Media on Purchasing Decisions in Kuwait

Indonesian Journal of Electrical Engineering and Computer Science ◽

10.11591/ijeecs.v10.i2.pp792-797 ◽

2018 ◽

Vol 10 (2) ◽

pp. 792

Author(s):

Khalid Abdulkareem Al-Enezi ◽

Imad Fakhri Taha Al Shaikhli ◽

Sufyan Salim Mahmood AlDabbagh

Keyword(s):

Social Networks ◽

Social Networking ◽

Quantitative Methods ◽

Purchasing Decisions ◽

The Social ◽

Digital Scanning ◽

Networking Tool ◽

The Relationship ◽

Selection Of

This research aims to measure the role of social networks in influencing purchasing decisions among consumers in Kuwait; the research used the quantitative methods, and analytical the technique to get the results, and the research developed a measure to study the relationship between the variables to the study and selection of a sample of consumers of (100). The results indicated that the social networking variables (exchange of information, evaluation of product) possess influence on purchasing decisions. Furthermore, the results indicate that majority of respondents do their digital scanning more often before intend to go to the store. The unexpected results came from the question “traditional advertising (TV, Newspaper, Magazine, Billboards) are more effective than the social networking; 23% agreed, 36% said no, and 41% said sometimes. In light of these findings, the study made a series of recommendations; the most important are; The executives and sales representatives need to understand the benefits offered by social networks, and understand the advantages and functions and tools of social communication, and knowing how to apply them effectively and efficiently, and then use the appropriate social networking tool.

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Language in social reproduction: Sociolinguistics and sociosemiotics

Sign Systems Studies ◽

10.12697/sss.2009.37.1-2.03 ◽

2009 ◽

Vol 37 (1/2) ◽

pp. 43-81

Author(s):

Patrizia Calefato

Keyword(s):

Social Reproduction ◽

Social Dimension ◽

The Social ◽

The Sixties ◽

Roman Jakobson ◽

New Type ◽

General Linguistics ◽

Definition Of ◽

The Relationship

This paper focuses on the semiotic foundations of sociolinguistics. Starting from the definition of “sociolinguistics” given by the philosopher Adam Schaff, the paper examines in particular the notion of “critical sociolinguistics” as theorized by the Italian semiotician Ferruccio Rossi-Landi. The basis of the social dimension of language are to be found in what Rossi-Landi calls “social reproduction” which regards both verbal and non-verbal signs. Saussure’s notion of langue can be considered in this way, with reference not only to his Course of General Linguistics, but also to his Harvard Manuscripts.The paper goes on trying also to understand Roland Barthes’s provocative definition of semiology as a part of linguistics (and not vice-versa) as well as developing the notion of communication-production in this perspective. Some articles of Roman Jakobson of the sixties allow us to reflect in a manner which we now call “socio-semiotic” on the processes of transformation of the “organic” signs into signs of a new type, which articulate the relationship between organic and instrumental. In this sense, socio-linguistics is intended as being sociosemiotics, without prejudice to the fact that the reference area must be human, since semiotics also has the prerogative of referring to the world of non-human vital signs.Socio-linguistics as socio-semiotics assumes the role of a “frontier” science, in the dual sense that it is not only on the border between science of language and the anthropological and social sciences, but also that it can be constructed in a movement of continual “crossing frontiers” and of “contamination” between languages and disciplinary environments.

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