‘Transformative Accommodation’: Towards the Convergence of Sharīʿah and Common Law in Muslim Minority Jurisdictions

2016 ◽  
Vol 30 (3) ◽  
pp. 245-261
Author(s):  
Zaleha Kamaruddin ◽  
Umar A. Oseni ◽  
Syed Khalid Rashid
Keyword(s):  
Common Law ◽  
Modern World ◽  
Mutual Understanding ◽  
Western Countries ◽  
Muslim Minority ◽  
Muslim Communities

In spite of the increasingly globalized nature of the modern world and the surge in cross-civilizational intercourse among peoples of different backgrounds, cultures and ideologies, there is still the spectre of mutual suspicion in some Muslim minority jurisdictions where Muslims have sought to conduct their affairs in accordance with the Sharīʿah. In order to promote peaceful co-existence and mutual understanding, this article examines the prospects of convergence of Sharīʿah and Common law in Muslim communities in Western countries based on the concept of transformative accommodation. The study concludes that the long historical revelations of the Islamic origins of some important Common law concepts should pave a way for transformative accommodation which will ultimately lead to convergence of laws.

scholarly journals Fikih Minoritas: Suatu Kajian Teoretis

2013 ◽  
Vol 13 (2) ◽  
Author(s):  
Nurhayati Nurhayati
Keyword(s):  
Theoretical Study ◽  
Minority Communities ◽  
Western Countries ◽  
Muslim Minority ◽  
Muslim Communities ◽  
Muslim Minorities

Abstract: Fiqh for Minorities: a Theoretical Study. Fiqh for Minorities—which in Arabic is called Fiqh al-Aqaliyyât— is a fiqh model that maintains legal association of sharia and the dimensions of a particular community, namely minority Muslim communities in western countries. Fiqh for Minorities is a product of reinterpretation of the existing arguments on the basis of the benefit whichis the spirit of sharia. The designers of this fiqh are Taha Jabir al-’Alwani in his book, Toward a Fiqh for Minorities: Some Basic Reflection, and Yûsuf al-Qarâdawî in his book, Fî Fiqh al-Aqalliyât al- Muslimah. Fiqh for Minorities originated from the accumulation of the concerns of Muslim minority communities in western countries when it should be doing something related to their religion. This fiqh is designed to provide guidance and a handle on the things that are prohibited and permissible for Muslim minorities living in western countries to carry out their obligations as a Muslim.Keywords: fiqh, minority, shariaAbstrak: Fikih Minoritas: Suatu Kajian Teoretis. Fikih minoritas—yang dalam bahasa Arab disebut dengan Fiqh al- Aqalliyât—merupakan model fikih yang memelihara keterkaitan hukum shar‘î dengan dimensi-dimensi suatu komunitas tertentu, yaitu masyarakat minoritas Muslim di Barat. Fikih minoritas adalah sebuah produk hasil reinterpretasi atas dalil-dalil atas dasar kemaslahatan yang memang menjadi spirit syariah. Penggagas fikih ini adalah Tâhâ Jâbir al- ‘Alwânî dalam bukunya, Toward a Fiqh for Minorities: Some Basic Reflection dan Yûsuf al-Qarâdawî dalam bukunya, Fî Fiqh al-Aqalliyât al-Muslimah. Fikh minoritas lahir berawal dari akumulasi kegelisahan masyarakat minoritas Muslim di Barat ketika harus melakukan sesuatu yang berkaitan dengan keagamaan mereka. Fikih ini didesain untuk memberikan panduan dan pegangan tentang hal-hal yang dilarang dan yang boleh bagi minoritas Muslim yang tinggal di Barat untuk menjalankan kewajiban-kewajiban mereka sebagai seorang Muslim.Kata Kunci: fikih, minoritas, syariahDOI: 10.15408/ajis.v13i2.932

Peran Kaidah Fikih dalam Aktualisasi Hukum Islam: Studi Fatwa Yusuf Al-Qaradawi tentang Fiqh Al-Aqalliyat

2021 ◽  
Vol 15 (1) ◽  
pp. 151-172
Author(s):  
Zainul Mun'im
Keyword(s):  
Islamic Law ◽  
Dominant Role ◽  
Western Countries ◽  
Actual Solution ◽  
Muslim Minority ◽  
Muslim Communities

Fiqh as a product of Islamic law must always be up to date to become a religious solution for society. This fact requires scholars to have high creativity in doing ijtihad so that actualizing of Islamic law can be realized perfectly in today's contemporary era. One of the scholars who focus on the actualization of Islamic law is Yūsuf al-Qaraḍāwī. His fatwas, which contain actualizations of Islamic law, are fatwas on Muslim minority issues (fiqh al-aqalliyāt). This study highlights the role of Islamic legal maxims (al-qawāid al-fiqhiyyah) in al-Qaraḍāwī's fatwa on fiqh al-aqalliyāt. The data comes from books and articles related to the theme. This research proves that Islamic legal maxims have a dominant role in the methodology of al-Qaraḍāwī’s ijtihad. In establishing his fatwa, al-Qaraḍāwī based the argument on the opinion of the islamic scholars in accordance to the basic values of fiqh principles. Therefore, his fatwa can be an actual solution for minority Muslim communities in Western countries. Thus, Islamic legal maxims (al-qawāid al-fiqhiyyah) play a role in controlling and systematizing the laws around fiqh al-‘aqalliyāt so that it always leads to convenience and avoids difficulties.

Cognitive Interview

2018 ◽  
Vol 299 ◽  
pp. 91-98
Author(s):  
Maria Witewska ◽  
Keyword(s):  
Law Enforcement ◽  
Common Law ◽  
Cognitive Interview ◽  
Western Countries ◽  
Advantages And Disadvantages ◽  
The Common ◽  
Polish Law ◽  
Judicial Systems

The article aims at presenting the topic of cognitive interview (CI) taking into account its advantages and disadvantages, as well as the usefulness of its application in Polish law enforcement during pre-trial proceedings. Due to the wide application of this method of questioning, mainly in countries with the common law judicial systems, it is worth considering which of the achievements of combined science and practice from Western Countries may be adapted in Poland. Are there any contraindications to conduct interviews by means of this method? If not, the question arises – what benefits it can bring to Polish practice.

scholarly journals MADRASAH IN MUSLIM MINORITY: A STUDY ON ISLAMIC EDUCATION WEST PAPUA

2017 ◽  
Author(s):  
Ismail Suardi Wekke
Keyword(s):  
Community Development ◽  
Cultural Awareness ◽  
Teaching And Learning ◽  
Participant Observation ◽  
Field Research ◽  
North Sulawesi ◽  
Muslim Minority ◽  
West Papua ◽  
Muslim Majority ◽  
Muslim Communities

Muslim minority exists in many part of Indonesia. Some areas that present muslim minority such as Menado in North Sulawesi, great area in Bali, Papua and West Papua at large. Those regions reflect that muslim live which is not similar with other muslim majority. Therefore, this research will explore madrasah in engaging empowering individual capacity in muslim minority. In short, this study will focus on madrasa role in enhancing muslim capacity in West Papua. This study conducted in West Papua Province. There are one city and twelve counties through the territory. Qualitative approach was utilized in multisite case study type. In-depth interview and non-participant observation were employed in collecting data. Field research was carried out on March to June 2013. Interview was performed with teacher, administrator, and educational bureaucracy. Furthermore, observation was presented in many activities, teaching and learning processes, and community development programs. Complementing data collection, focus group discussions were held in universities for series meeting. Another step to comply with triangulation is scholars consultation and peer-reviewed to ensure the research validity. This research shows that there are differentiation between muslim majority and minority in Indonesian society. Started from curriculum enhancement to program development formulate multicultural society. Self empowerment, entrepreneurship and skill improvement of movement were taken to ensure that madrasah establishments contribute to the society. Despite a controversial portrayal that media endorsed, madrasah and pesantren already demonstrate a great contribution during foundation of Indonesia in a nation. Madrasah also engage in civil society discourse, educational progress, promoting cultural awareness, and raising tolerance on religious variety. Through those activities, one of the major concerns is community development. This program was targeted to community educational awareness in madrasah surrounding area. They are running actions in term of basic need of those communities such as fishing, and farm treatment. In line up with those programs, it is to target the workforce problem. Muslim communities face high unskilled workers. Therefore, this program that ruined is one of the problem solving. On the other hand, religious understanding is also another concern. Students still need to attend classes in the morning to afternoon. They participate on those programs on evening and holidays. This progress is only to complement students‟ skill. However, tradition and culture are among problem in implementing those objectives. Communication and discussion effort were constructed to considerate appreciation. Observing the progress of madrasah in muslim minority is appropriate. It shows that there is a significant contribution to enhance muslim current modernity in the region. Moreover, there is respond towards ideas of change in dealing with environment and progress. Finally, madrasah take a part not only in education activities but also society empowerment; culturally based activities are keys in empowering and development.

Somersett's Case, The Constitution and Common Law Rights: A Re-Appraisal

1996 ◽  
Vol 1 (4) ◽  
pp. 335-352
Author(s):  
Satvinder S. Juss
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Modern World ◽  
Individual Rights ◽  
Individual Liberty ◽  
Economic Rights ◽  
Popular View ◽  
The Common ◽  
Shed Light ◽  
Private Right

This article sets out to show that the popular view of the slave case of James Somersett as epitomising the common law's tenderness for individual liberty is mistaken, and through discussion of that case, this article seeks to shed light on the efficacy of the common law as a vehicle for the protection of pluralist individual rights in the modern world. The integrity of the common law is questioned when it gives primacy to economic rights. In this context, there is a discussion of the infamous Yorke and Talbot Opinion. The use of human rights instruments to redress the shortcomings of private-right based law is advocated.

The Role of Intercultural Approach in Teaching Foreign Languages at the University

2018 ◽  
Vol 7 (5) ◽  
pp. 65-70 ◽  
Author(s):  
Л. Иванова ◽  
L. Ivanova ◽  
Е. Лукомская ◽  
E. Lukomskaya
Keyword(s):  
Foreign Language ◽  
Communicative Competence ◽  
Foreign Languages ◽  
Modern World ◽  
Mutual Understanding ◽  
Modern Language ◽  
Cultural Approach ◽  
The University ◽  
Different Cultures

The article deals with a new trend in foreign language teaching based on the cross-cultural approach. The challenge for teachers today is to develop students common, communicative and language competences which are essential conditions for the realization of such a task of modern language policy as the establishment of mutual understanding between different cultures. The components of communicative competence are established. The development of communicative competence is considered to be an obligatory condition for mutual understanding between nations in modern world.

scholarly journals The Discourse of Islamophobia in Indonesian Popular Movie “Mencari Hilal” (2015)

FIKRAH ◽  
2021 ◽  
Vol 9 (1) ◽  
pp. 1
Author(s):  
Mundi Rahayu
Keyword(s):  
Popular Culture ◽  
Cultural Heritage ◽  
Present Article ◽  
Minority Group ◽  
Potential Conflict ◽  
Western Countries ◽  
Muslim Communities

<span lang="IN">Most of the study of Islamophobia, the hatred </span><span lang="EN-US">and</span><span lang="IN"> fear of Muslims, take the locus in Western countries in which Muslims are a minority group. The present study aims at answering the gap of study. This study specifically discusses the Islamophobia represented in popular culture, in a movie entitled “Mencari Hilal.” Discussion in this paper covers two questions. First, how is the discourse of Islamophobia represented in the film? Second, what is the ideology represented in the film? The present article is based on two arguments. First, Islamophobia does not only happen in Western countries. Instead, the phobia also happens within Muslim communities.  Second, the film is a popular cultural text that reflects people's anxiety and desire, as well as expresses important problems that people encounter in history. This study applies Fairclough’s CDA with three levels of analyses, micro, meso, and macro. The discourse of Islamophobia in this movie is presented in more subtle ways, but the potential conflict is obviously represented. The ideology of pluralism is implied in this film to give the space for the audience to think and rethink their religious assumptionKeywords: Ancient tombs; preservation; cultural heritage.</span>

scholarly journals PENDIDIKAN ISLAM DI MINORITAS MUSLIM (Suatu Tinjauan Kultur pada Pondok Pesantren Assalam Kota Manado)

2020 ◽  
Vol 5 (1) ◽  
pp. 74
Author(s):  
Saddam Husein
Keyword(s):  
Boarding School ◽  
Boarding Schools ◽  
Islamic Education ◽  
Muslim Minority ◽  
Muslim Majority ◽  
Muslim Communities

Abstract: This article describes the culture of the Assalam Islamic Boarding School in Manado, which exists to this day, while standing in the center of a Muslim-majority area. Islamic boarding schools Islamic boarding schools do not cause problems for non-Muslim communities in boarding schools. This study found that non-Muslim communities around the pesantren were very good and harmonious. This paper discusses two important things, first, about the needs and challenges of the Assalam Islamic Boarding School in Manado to continue to exist amid its interests in the area of Muslim freedom. Second, Culture and Success in developing Islamic Education among Muslims. Keyword: Muslim minority, Pondok Pesantren Assalam, Manado City Abstrack Artikel ini menjelaskan mengenai kultur Pondok Pesantren Assalam Kota Manado yang eksis sampai sekarang ini, walaupun berdiri tegak di tengah wilayah minoritas muslim. Realitasnyamenjelaskan bahwa eksistensi Pondok pesantren tersebut tidak menjadi masalah bagi masayarakat non muslim yang berada di sekitar pesantren. Studi ini menemukan bahwa relasi masyarakat non muslim sekitar pesantren sangat baik dan harmonis. Tulisan ini menegaskan dua hal penting, pertama, tentang kebutuhan dan tantangan Pondok Pesantren Assalam Kota Manado untuk tetap eksis ditengah keberadaannya di wilayah minoritas muslim. Kedua, Kultur serta upaya dalam mengembangkan Pendidikan Islam di tengah minoritas muslim. Kata kunci: Minoritas Muslim, Pondok Pesantren Assalam, Kota Manado

scholarly journals IMPLIKASI KONFLIK HISTORIS ISLAM-KRISTEN BARAT TERHADAP MUNCULNYA STIGMATISASI PERMUSUHAN

2018 ◽  
Vol 9 (2) ◽  
pp. 157-173
Author(s):  
Muhammad Yusuf
Keyword(s):  
Alternative Solution ◽  
Mutual Understanding ◽  
The West ◽  
Western Countries ◽  
Long Time

The current conflict between Islam and Christian (west) originally rooted from the historical conflict which has happened for a long time ago. The conflict has been begun from the success of Islam expansion to western countries. The conflict has got worse when the west enables to move Islam domination in which it affected on the stigmatization on the followers. They discredited each other both in theology and other aspects. All conflicts, including Islam-Christian conflict is 'sunnatullah', something unavoidable, which bring both negative-destructive and positive-constructive effect. In fact,the conflict tends to be negative-destructive. Colonialism, which has been continually followed with missionarism and orientalism worsen the situation. This article discusses the implication of historical conflict on stigmatization done by the followers. Moreover, it tries to offer an alternative solution, that is, providing a dialogue as a bridge to resolve the conflict. It is expected to stifle the conflict and gradually to shift the conflict into a mutual understanding relationship.

scholarly journals INTERACTION OF LANGUAGES IN THE CONTEXT OF TRILINGUAL EDUCATION IN KAZAKHSTAN

2021 ◽  
Author(s):  
Marina Knol ◽  
Dariya Assanova
Keyword(s):  
Information Flow ◽  
Modern World ◽  
Mutual Understanding ◽  
Knowledge And Skills ◽  
Trilingual Education ◽  
Globalized World

There is no country in the modern world where all citizens speak only one language. Anyone who knows several languages well feels comfortable in a globalized world, a huge information flow is available to him. This expands opportunities in study and work. That is why multilingualism in Kazakhstan was initially considered as a communicative adaptation of citizens. Trilingual education in Kazakhstan is the dictate of the time. The idea of its implementation is connected with the expansion of knowledge and skills, as well as the development of mutual understanding between people, which cannot be achieved without knowledge of languages.

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