scholarly journals The Typewritten Market: Shariʿah-Compliance and Securitisation in the Law of Islamic Finance

2020 ◽  
Vol 35 (1-2) ◽  
pp. 74-91
Author(s):  
Valentino Cattelan
Keyword(s):  
Social Relations ◽  
Islamic Law ◽  
Human Action ◽  
Local Context ◽  
Islamic Finance ◽  
Economic Space ◽  
The Social ◽  
The Law ◽  
Radical Shift ◽  
Financial Technology

Abstract By taking inspiration from Wisława Szymborska’s poetry and Brinkley Messick’s scholarship, this article interprets the law of Islamic finance as evidence of a radical shift in the social anthropology of Islamic law from classical to contemporary times. To this aim it highlights the changes from fiqh in medieval trade (where individual actions were judged according to rules legitimised by their own local context) to the current process of Shariʿah-compliance, arguing that this process belongs to a textual polity where standardised certificates, contracts and securities have replaced actual social relations in the global financial market. In the light of this, the article advances the notion of Typewritten Market to depict the nature of Islamic finance as a socio-economic space embodying a ‘de-materialised Šarīʿah’: that is to say, a meaning of Islamic law whose contemporary time belongs more to legal/financial technology rather than to Muslim human action.

scholarly journals Perubahan Sosial, Ijtihad dan Dinamika Hukum Islam

2018 ◽  
Vol 4 (1) ◽  
pp. 63-76
Author(s):  
Salamah Eka Susanti
Keyword(s):  
Social Change ◽  
Social System ◽  
Social Dynamics ◽  
Islamic Law ◽  
Social Changes ◽  
Cultural Objects ◽  
The Road ◽  
The Social ◽  
Rapid Changes ◽  
The Law

The Qur'an contains only a small number of detailed laws, while the sunna is limited to the cases that occurred in its time, so to solve new problems, ijtihad is required. In such a connection for a Muslim, new problems arising from the progress of science and technology, should not be confronted with confrontational passages, but must be solved by ijtihadi.Karena reality often occurs, that the development of society and public opinion faster the pace of the road from on the development of the law itself. The dynamics of people's lives are characteristic of change. Through the power of intention, power, and creativity, humans create cultural objects as a result of their creations. Changes that occur in society when observed can occur in various There are slow changes (evolution) and there are rapid changes (revolution). The social changes that occur in a society, directly or indirectly, affect institutions in various fields, such as government, economics, education, religion and so on. The continuation of an impact on the social system changes. When the law is faced with social change, it occupies one of its functions, which can function as a means of social control, and the law can serve as a means of social change. the characteristics of the law above is due to the inconsistency of social dynamics and the dynamics of law in the life of society. Unequaled dynamics of society and law, usually will bring social lag. From here, then comes a question whether Islamic law as a norm of God's determination can experience changes in accordance with the needs of the community? Ijtihad is an important factor for the development and development of Islamic law.Ijtihad done to answer the problems that arise in society that is not yet known legal status.ijtihad has a wide scope, the issues are not regulated explicitly dala m al-Qur'an and sunna can be done ijtihad. In order for humans to have breadth in determining its activities according to its ability, needs and environment. Therefore ijtihad in the field of Islamic law in anticipating the dynamics of society and social changes concerning the values, behavior patterns, and social system of a society is a concern in establishing Islamic law. Thus ijtihad is the third source in the development of Islamic law. Keywords: Social Change, Ijtihad, Law, Islamic.

scholarly journals CHOICE OF ISLAMIC LAW AS THE GOVERNING LAW IN ISLAMIC FINANCE CONTRACTS: THE UNITED KINGDOM AND NIGERIAN PERSPECTIVES

2017 ◽  
Vol 25 (1) ◽  
Author(s):  
Kareem Adebayo Olatoye ◽  
Abubakri Yekini
Keyword(s):  
United Kingdom ◽  
Islamic Law ◽  
Islamic Finance ◽  
Unique Problem ◽  
Party Autonomy ◽  
The United Kingdom ◽  
Muslim Majority ◽  
The Law ◽  
Governing Law

The globalisation of Islamic finance has brought the adjudication of Islamic finance disputes before non-Muslim courts and arbitral tribunals in Europe, America and elsewhere. Expectedly, the issue of the validity of the selecting Islamic law as the governing law of an Islamic finance contract often arises before these courts and tribunals. The article seeks to address the attitude of the United Kingdom and Nigerian courts to this unique problem. The thesis of the paper is that while the parties’ reasonable expectations in having their Islamic finance contracts governed by the Shari’ah may be met in Nigeria and by extension in other Muslim-majority countries, the contrary is the case in the United Kingdom and Europe where the courts do not generally favour the application of Islamic law. The paper advocates that the doctrine of the proper law of contract should be extended to Islamic finance by upholding Islamic law as the law selected by the parties (on the basis of party autonomy) or alternatively, as the system of law with which an Islamic finance transaction is most closely connected.

Claude Lefort as interpreter of Machiavellian social conflict

2020 ◽  
Vol 54 (2) ◽  
pp. 684-694
Author(s):  
Luana M Alagna
Keyword(s):  
Public Space ◽  
Social Relations ◽  
Social Conflict ◽  
Human Action ◽  
Social Dimension ◽  
Political Freedom ◽  
The Political ◽  
Political Society ◽  
Claude Lefort ◽  
The Social

Claude Lefort, French philosopher and activist, exponent of the anti-totalitarian moment in France, has developed an original theoretical proposal on democracy and totalitarianism. When he distanced himself from the creed of the proletarian revolution as an instrument of understanding of human action, he focused on the understanding of the political as a space in which the social emerges, in which it takes shape. The idea that society acquired a unity through the revolutionary project was overturned by the knowledge that the social cannot be contained; it cannot be the object of appropriation and unification through action or knowledge without threatening freedom and the existence of society itself. Democratic political society can only be heterogeneous, in which the conflict cannot be resolved precisely because the various interests in society are irreducible and asymmetrical. Machiavelli, in the Lefortian thinking, had identified the sense of the political at the beginning of his institution, in which the division and disagreement between classes are the foundation of social relations. This view is opposed to the classical conception of dissent as a moment of collision between passions and reason, where the disorder compromises the political structure. Social conflict indeed is an irreducible resource for the existence of human relations, public space and political society. In the clash between two realisms, Lefort shelved the Marxist one to deepen the turmoil of the ‘divine Machiavelli’, replacing in his theoretical vision the Machiavellian idea of the political as a social dimension to the Marxist dominance of the production forces; the political is the way in which society represents its legitimacy and presupposes conflict as inescapable, a way to guarantee political freedom. Plurality and irrepressible diversity will be instruments for guaranteeing democracy.

scholarly journals SOCIAL PROTEST MOVEMENT ISLAMIC LAW PERSPECTIVE (Critical Study of the Protest Phenomenon in Indonesia)

2021 ◽  
Vol 9 (2) ◽  
pp. 211
Author(s):  
Abdul Harris Abbas ◽  
Hasyim Aidid ◽  
Musafir Pabbabari ◽  
Marilang Marilang
Keyword(s):  
Islamic Law ◽  
Freedom Of Expression ◽  
Social Protest ◽  
Islamic State ◽  
Protest Movement ◽  
Sociological Approach ◽  
The Earth ◽  
Library Research ◽  
The Social ◽  
The Law

This study formulates three problems which include: (1) The principles of the social protest movement from the perspective of Islamic law; (2) Methods and techniques for conducting demonstrations from the perspective of Islamic law; (3) The social impact of demonstrations in Indonesia from the perspective of Islamic law. This study uses a qualitative method (descriptive-analytic). Based on the data source is library research (library research). The approach used is the sociological approach of Islamic law and the siyasah fiqh approach. In the perspective of scientific studies, these two approaches are used to understand the phenomenon of demonstrations in Indonesia based on legal arguments contained in the Qur'an and Hadith, the opinions of fuqaha' and opinions that develop (ijitahad) at a time in life. Muslims. Meanwhile, from a methodological perspective, these two approaches are used to provide an interpretation of the methodology of Islamic law on the concept and practice of demonstrations based on social movement theory and Islamic political theory. The results of this study found that: The principles of the Islamic social protest movement are built on the doctrine of rights and obligations between the people and the rulers in an Islamic state which include: the principle of hisbah; The principle of freedom of expression; The principle of deliberation; and constitutional principles. Based on the method of carrying out the demonstration, there are 2 methods, namely the exclusive method and the inclusive method. Based on the technique of holding demonstrations, there are 3 levels, namely: (1) demonstrations with the ability and strength of the masses; (2) demonstration with verbal ability and strength; (3) protest with the ability of the heart. Through the istislahi approach, that Islamic law strongly condemns all demonstration activities that cause harm to religion, soul, mind, descendants and property. On the other hand, he strongly supports all demonstration activities that uphold the five maintenances (Maqasid al-khamsah). That demonstrations are not at all motivated by passion or personal tendencies, let alone to cause damage to the earth. It is an obligation not just an appeal for those who can afford it. The law is fardu kifayah. Turning away from that obligation is the same as carrying oneself That demonstrations are not at all motivated by passion or personal tendencies, let alone to cause damage to the earth. It is an obligation not just an appeal for those who can afford it. The law is fardu kifayah. Turning away from that obligation is the same as carrying oneself That demonstrations are not at all motivated by passion or personal tendencies, let alone to cause damage to the earth. It is an obligation not just an appeal for those who can afford it. The law is fardu kifayah. Turning away from that obligation is the same as carrying oneself.

scholarly journals The Problem of the Stability of the Social System in Ancient Indian Philosophy

Discourse ◽  
2021 ◽  
Vol 7 (5) ◽  
pp. 45-54
Author(s):  
V. V. Tuzov ◽  
R. R. Mazina
Keyword(s):  
Social Relations ◽  
Social System ◽  
Indian Philosophy ◽  
Ruling Class ◽  
The People ◽  
The Social ◽  
The Law ◽  
Philosophical Texts ◽  
Analysis System ◽  
The Stability

Introduction. The purpose of the article is to show the effect of the law of correspondence as a factor of stability of the social system and the relevance of this problem for ancient Indian philosophy. The problem of the stability of society was not directly considered in ancient Indian philosophy or in modern literature, especially through the prism of the law of correspondence.Methodology and sources. The work uses content analysis, system approach, dialectics and the concept of self-organization. In addition, the main analysis of the problem of stability in ancient Indian philosophy is carried out on the basis of the law of correspondence between the real relations that connect people at a given moment and the essence of the “social”. This law was formulated and proposed by V.V. Tuzov. The essence of the “social” could be conditionally expressed through the concepts of “equality”, “humanism”, mutual assistance, “justice”. Real relations may deviate from the essence, but by a certain amount, a measure. Going beyond the limits of the measure deprives the system of stability, and it becomes uncontrollable. The main source of analysis is the academic edition of the text Arthashastra (ancient Indian political and economic treatise), as well as “History of political and legal doctrines”, “Development of ideas about management in philosophical thought”.Results and discussion. The article analyzes the ancient Indian philosophical texts to reveal in them, in a latent or explicit form, the concern of philosophers with the problem of maintaining the stability of the state and society. Attention is focused on the fact that there is a need to observe the law of conformity in the recommendations for rulers on how to govern the people.Analysis of the main source of ancient Indian philosophy, which deals with the problems of governance, shows that the recommendations to the king, which are set forth by the author of Arthashastra Kautilya, imply, in the end result, the need to maintain a balance of interests between the ruling class and the people, that is, to observe the measure for which society loses its stability due to for the impoverishment of the people. In other words, in the management recommendations, the law of conformity, which was discussed above, appears in a latent form.Conclusion. The problem of the stability of the social system in a class society was and remains extremely relevant. The philosophical law of correspondence between real relations and the essence of social relations, which ensures the stability of society while observing the measure, requires justification. Since the principle of forming relationships and the nature of interaction has remained unchanged for centuries, the reflections of ancient philosophers on management, on the structure of society, on the relationship between different groups in it, and on the interaction of interests, on the one hand, confirm the operation of this law, on the other hand, could be useful for modern management.

Beyond the Society of Judgement: Deleuze and the Social Transitivity of Affects

2019 ◽  
Vol 13 (4) ◽  
pp. 541-551
Author(s):  
Claudia Landolfi
Keyword(s):  
Social Relations ◽  
Legal Subject ◽  
Main Form ◽  
The Social ◽  
The Subject ◽  
The Law ◽  
Legal Normativity

Legal apparatus looks like a set of norms which rely on a rational project of life, yet it is possible, following Deleuze but also Hume and Kafka, to recognise the irrational aspect of this system. Is the law a dream? In what relation is the law with the subject? If the legal subject acts in a dream, what are the results? This paper develops around such questions with the aim of critically reflecting on the foundations of subjectivity and its connections with the legal normativity that requires obedience as the main form of respect and adherence. In this apparently free and creative present, which is unfolded on a digital codex of information, it seems relevant to be highly suspicious of the barriers that are going to be tightened more and more around thought and its potential creative evolutions. Can we think of – beyond the legal/illegal, obedient/disobedient dichotomy – a system of social relations that, instead of giving space to the permanent and repetitive features of subjects, discovers a wider margin of affective, innovative and creative connections in response to the behavioral exemplifications of diktats?

POWER, POOR RELIEF, AND SOCIAL RELATIONS IN HOLLAND FEN, c. 1600–1800

1998 ◽  
Vol 41 (1) ◽  
pp. 67-96 ◽  
Author(s):  
STEVE HINDLE
Keyword(s):  
Social Relations ◽  
Local Context ◽  
Poor Relief ◽  
Recent Contribution ◽  
Welfare Provision ◽  
The Poor ◽  
Political Relationships ◽  
The Social ◽  
Property Owners

In a recent contribution to the debate over the operational significance of the Old Poor Law, Peter Solar has argued that ‘the local financing of poor relief gave English property owners, individually and collectively, a direct pecuniary interest in ensuring that the parish's demographic and economic development was balanced’. His survey of the implications of the attempt to maintain this equilibrium, however, fails to take account of the social and political relationships between rate-payers, rate-receivers, and parish officers. In seeking to integrate considerations of power into the analysis of the relief of the poor, by contrast, this paper locates social welfare provision in the context of the authority structures of several parishes in Holland Fen (Lincolnshire) over the course of the seventeenth and eighteenth centuries. It emphasizes the role of the parish vestry in regulating and relieving the poor; demonstrates the extraordinary scale of poor relief in the local context; and argues that even in the open parishes of the Lincolnshire fenland, hostility to poor migrants could be marked, resulting even in the prohibition of the marriages of the poor. The politics of the poor rate implied the exclusion of poor strangers in the interests of relieving the ancient settled poor.

scholarly journals Social Innovation for Agricultural Development: A Study of System of Rice Intensification in Bihar, India

2020 ◽  
Vol 11 (1) ◽  
pp. 99-118
Author(s):  
Vikas Kumar
Keyword(s):  
Social Relations ◽  
Agricultural Development ◽  
Social Innovation ◽  
Local Context ◽  
System Of Rice Intensification ◽  
Exploratory Research ◽  
Interview Method ◽  
The Social ◽  
Rice Intensification ◽  
The Impact

The social innovation inclines to an emphasis on ‘systems and processes of change in social relations’ and ‘innovation is a new idea, product or process that addresses social and environmental challenges and their needs’. It is newly growing up as a field of practice that is done by people. It has occurred from the broader field of innovation studies. In this article, the System of Rice Intensification (SRI) has been taken as a case of social innovation, which helps to increase the productivity of rice and enhance the income of the farmers. The literature related to SRI suggested that the technique is sustainable and innovative because of the less use of inputs and changes in some set of principles (i.e., planting, fertilizer, water and seeds) whereas increasing output in terms of production and productivity of the crop. In this sense, aim of the article is to evaluate the impact of the SRI technique within the framework of social innovation in Patna district, Bihar, India. In a wider context, the question is not about whether it is intensifying or not, rather emphasis should be on how farmers deal with changing environmental and socio-economic factors. Moreover, there is a need to delve deeper into implantation strategies in the local context and evaluate their impact in terms of opportunities and constraints during adaptation. In addition to this, an exploratory research design was followed to study SRI. Criterion and expert sampling were employed to select the farmers, and data were collected by a personal interview method with the help of a structured schedule. However, the data indicate the production and productivity of paddy are increased through SRI, but variation exists among different blocks of the district. It is clearly evident from the data that nearly 42 per cent of farmers from all blocks have witnessed an increase in food sufficiency. In the case of income due to the sale of excess produce is 57 per cent.

scholarly journals CONCEPTION OF LEGAL PROTECTION IN ISLAMIC LAW

2019 ◽  
Vol 8 (2) ◽  
pp. 185
Author(s):  
Achmad Musyahid Idrus
Keyword(s):  
Civil Rights ◽  
Islamic Law ◽  
Legal Protection ◽  
Human Beings ◽  
Human Right ◽  
Applicable Law ◽  
Legal Provisions ◽  
The Social ◽  
The Law ◽  
Legal Subjects

Legal protection is a human right which is a basic need for every human being, both human beings as legal subjects and human beings as legal objects. As legal subjects, humans have civil rights that must be implemented in accordance with applicable legal provisions. Likewise with humans as legal objects, their rights must still be protected even though they have been convicted by law. Sometimes legal protection for humans cannot be realized because the source of the applicable law does not provide legal instruments and even the protection of the law does not materialize because of the lack of understanding of the source of the law which applies in society.Islamic law as one source of law and adopted in countries like Indonesia offers the conception of legal protection in accordance with the dignity and human rights, because of the flexibility of Islamic law, so that Islamic law can be understood and adjusted to the social development of the society. Islamic law that emphasizes public benefit guarantees the legal protection needed by the community, but the values of flexibility must still be explored from the main sources of the Qur'an and the hadith of the prophet.

scholarly journals OFFENSE - THE ONLY GROUND FOR CRIMINAL LIABILITY

2014 ◽  
Vol 8 (4) ◽  
pp. 149-156
Author(s):  
Laura-Roxana Popoviciu
Keyword(s):  
Rule Of Law ◽  
Social Relations ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
The Rule Of Law ◽  
The Social ◽  
The Law

This study aims to examine the offence as the only ground for criminal liability. Article 15, paragraph 2 of the Criminal code provides that: “offences are the only grounds for criminal liability”, which implies the existence of an act, which is detected by the bodies empowered under the law in the form required by law, and also this principle comes as a guarantee of the person’s freedom because, without committing an act provided for by the law as an offense, the criminal liability cannot exist.The criminal liability is one of the fundamental institutions of the criminal law, together with the institution of the offence and of the sanction, set in the various provisions of the Criminal code.As shown in the Criminal code, in Title II regarding the offence, there is a close interdependence among the three fundamental institutions. The offence, as a dangerous act prohibited by the criminal rule, attracts, by committing it, the criminal liability, and the criminal liability without a sanction would lack the object. It obliges the person who committed an offence to be held accountable for it in front of the judicial bodies, to bide the sanctions provided for by the law, and to execute the sanction that was applied.The correlation is also vice-versa, meaning that the sanction, its implementation, cannot be justified only by the existence of the perpetrator’s criminal liability, and the criminal liability may not be based only on committing an offence.The criminal liability is a form of the judicial liability and it represents the consequence of non-complying with the provision of the criminal rule. Indeed, the achievement of the rule of law, in general, and also the rule of the criminal law implies, from all the law’s recipients, a conduct according to the provisions of the law, for the normal evolution of the social relations.

Sign in / Sign up

Export Citation Format

Share Document