scholarly journals The Politics of Congregational Prayer

2020 ◽  
Vol 8 (2-3) ◽  
pp. 251-271
Author(s):  
Imran Ahmed
Keyword(s):  
Public Health ◽  
Islamic Law ◽  
The State ◽  
The Political ◽  
Religious Leaders ◽  
Colonial Era ◽  
Muslim Majority ◽  
Religion And State

Abstract Religious authorities in many Muslim-majority countries have argued that the suspension of communal prayers during an epidemic does not contravene Islamic law. In Pakistan, such measures have proven difficult to enforce, in part because many religious leaders in the country have opposed the closure of places of worship and the limits placed on public religious gatherings. The question is why? This paper suggests that the distrust of the state in matters of religion in Pakistan can be traced back to the colonial era, and that the political developments following independence have amplified frustration and mistrust between political and religious authorities in the country. Significant sources of contention in matters of religion and state remain unresolved under the prime ministership of Imran Khan. At the same time, the pandemic has thrust earlier conflicts into the spotlight and exposed contests over opinion, expertise, and authority in matters of religion and public health.

Speaking for Islam

2009 ◽  
Vol 26 (3) ◽  
pp. 110-127
Author(s):  
Abdoulaye Sounaye
Keyword(s):  
Common Good ◽  
The State ◽  
Institutional Transformation ◽  
The Political ◽  
Religious Authority ◽  
The Common Good ◽  
The Common ◽  
Religion And State ◽  
Islamic Values ◽  
French Model

Unexpectedly, one of the marking features of democratization in Niger has been the rise of a variety of Islamic discourses. They focus on the separation between religion and the state and, more precisely, the way it is manifested through the French model of laïcité, which democratization has adopted in Niger. For many Muslim actors, laïcité amounts to a marginalization of Islamic values and a negation of Islam. This article present three voices: the Collaborators, the Moderates, and the Despisers. Each represents a trend that seeks to influence the state’s political and ideological makeup. Although the ulama in general remain critical vis-à-vis the state’s political and institutional transformation, not all of them reject the principle of the separation between religion and state. The Collaborators suggest cooperation between the religious authority and the political one, the Moderates insist on the necessity for governance to accommodate the people’s will and visions, and the Despisers reject the underpinning liberalism that voids religious authority and demand a total re-Islamization. I argue that what is at stake here is less the separation between state and religion than the modality of this separation and its impact on religious authority. The targets, tones, and justifications of the discourses I explore are evidence of the limitations of a democratization project grounded in laïcité. Thus in place of a secular democratization, they propose a conservative democracy based on Islam and its demands for the realization of the common good.

Malaysia: Religious Pluralism and the Constitution in a Contested Polity

2012 ◽  
Vol 4 (2-3) ◽  
pp. 356-385 ◽  
Author(s):  
Andrew Harding
Keyword(s):  
Islamic Law ◽  
Religious Conversion ◽  
Common Law ◽  
Islamic State ◽  
Colonial Era ◽  
Federal Constitution ◽  
Highly Sensitive ◽  
Plural Society ◽  
Muslim Majority ◽  
Historical Developments

Malaysia has a classically plural society with a Malay/ Muslim majority and a legal system which, for historical reasons, is bifurcated between the common law and Islamic law. It also has a colonial-era federal constitution under which Islam is a state issue. Disputes concerning religion are both many and divisive. They are dealt with mainly in constitutional terms, especially in debates about the notion of an Islamic state, in light of Article 3 and the enshrinement of an official religion and in litigation. The latter is rendered complex by the separation of Islamic from common law jurisdiction in 1988, a fact that has given rise to highly sensitive and troubling litigation involving, especially, religious conversion in Lina Joy (2007). This article traces historical developments relating to religion and the law, and finds cause for some optimism that religious divides can be bridged by constitutional means, in light of recent judicial responses and evolving debates about the constitutional position of Islam.

The Other Muslim Bans

2020 ◽  
Vol 1 (1) ◽  
pp. 2-38
Author(s):  
Will Smiley
Keyword(s):  
Security Policy ◽  
Islamic Law ◽  
State Level ◽  
The State ◽  
The Other ◽  
State Court ◽  
Court Cases ◽  
State Laws ◽  
Foreign Law ◽  
Muslim Majority

This Article addresses and critiques the case for state-level legislative bans on courts citing “Islamic law” or the law of Muslim-majority countries. In particular, the Article reviews the most substantive evidence adduced by the bans’ supporters, in the form of a set of state court cases published by the Center for Security Policy (CSP). Very few of these cases, in fact, show courts actually applying Islamic or foreign law, and in none of these cases would the various forms of proposed legislation have been likely to alter the result. Thus even this report does not suggest a need for the state laws purporting to ban sharīʿa. The Article thus argues that even if these bans are not unconstitutionally discriminatory in their effect, they are ineffective at achieving their claimed purpose. This Article was originally published as an Occasional Paper in the Harvard Papers in Islamic Law series in 2018.

To Protect and Kill: US Fish and Wildlife Service’s Management of Human–Wildlife Conflict, 1996-2011

2019 ◽  
Vol 27 (2) ◽  
pp. 174-196 ◽  
Author(s):  
Michael J. Lynch
Keyword(s):  
Public Health ◽  
The State ◽  
The Political ◽  
State Agencies ◽  
Economic Factors ◽  
Green Criminology ◽  
Wildlife Conflict ◽  
Nonhuman Animals ◽  
Conflicting Interests ◽  
Human Wildlife Conflict

AbstractHarms against nonhuman animals have become a significant concern in different disciplines (e.g., green criminology). This paper presents a multi-disciplinary discussion of one form of animal harm—wildlife harm—created by state agencies charged with protecting animals. Specifically, this issue is examined by reviewing the complex problems faced by theUSFish and Wildlife Service (USFWS), which is charged with competing objectives: between protecting economic and public health interests, and protecting wildlife. In managing the human–wildlife conflicts brought to its attention, theUSFWSmust often make tradeoffs between protecting economic and public health interests, and protecting wildlife. As the data reviewed here indicate, this leads theUSFWSto kill a large number of animals each year to protect economic and public health interests—more than 40 million animals since 1996. The political and economic factors that influence these killings, and how the state balances conflicting interests, are also examined.

Speaking for Islam

2009 ◽  
Vol 26 (3) ◽  
pp. 110-127
Author(s):  
Abdoulaye Sounaye
Keyword(s):  
Common Good ◽  
The State ◽  
Institutional Transformation ◽  
The Political ◽  
Religious Authority ◽  
The Common Good ◽  
The Common ◽  
Religion And State ◽  
Islamic Values ◽  
French Model

Unexpectedly, one of the marking features of democratization in Niger has been the rise of a variety of Islamic discourses. They focus on the separation between religion and the state and, more precisely, the way it is manifested through the French model of laïcité, which democratization has adopted in Niger. For many Muslim actors, laïcité amounts to a marginalization of Islamic values and a negation of Islam. This article present three voices: the Collaborators, the Moderates, and the Despisers. Each represents a trend that seeks to influence the state’s political and ideological makeup. Although the ulama in general remain critical vis-à-vis the state’s political and institutional transformation, not all of them reject the principle of the separation between religion and state. The Collaborators suggest cooperation between the religious authority and the political one, the Moderates insist on the necessity for governance to accommodate the people’s will and visions, and the Despisers reject the underpinning liberalism that voids religious authority and demand a total re-Islamization. I argue that what is at stake here is less the separation between state and religion than the modality of this separation and its impact on religious authority. The targets, tones, and justifications of the discourses I explore are evidence of the limitations of a democratization project grounded in laïcité. Thus in place of a secular democratization, they propose a conservative democracy based on Islam and its demands for the realization of the common good.

Soviet Atheism and Its Aftermath

2017 ◽  
Author(s):  
Sonja Luehrmann
Keyword(s):  
Public Health ◽  
World War Ii ◽  
Public Engagement ◽  
The State ◽  
Religious Practices ◽  
The Political ◽  
Political Integration ◽  
World War ◽  
Freedom Of Conscience ◽  
The Church

If Soviet atheism is a variety of secularism, it more resembles eliminationist movements viewing religions as obstacles to the political integration of citizens into the state. Before World War II, the Bolshevik government issued decrees to disentangle the state from the church. Later, Khrushchev emphasized atheism and closed churches as part of a general populist, mobilizational approach to promoting communist values. By the 1970s, religious practices were not precluded but were assigned a marginal space outside of public engagement. The post-Soviet era has seen self-reported religiosity increase, while self-reported atheism has diminished, although remaining significant. Russia’s 1997 law on Freedom of Conscience and Religious Organizations requires a denomination to exist in a region for fifteen years to enjoy the full legal and tax status. Today, Russia differentiates between “good” religions that help to promote particular moral visions and “bad” religions that create social strife, promote violence, and endanger public health.

scholarly journals HUKUM KELUARGA DI MESIR

2020 ◽  
Vol 1 (2) ◽  
pp. 93-108
Author(s):  
Nurinayah Nurinayah
Keyword(s):  
Middle East ◽  
Islamic Law ◽  
Family Law ◽  
The State ◽  
Law Reform ◽  
Muslim Countries ◽  
Personal Status ◽  
Muslim Majority ◽  
Limited Scope

The application of family law in Muslim-majority countries, especially the Middle East and its surroundings, has different practices, we do not find uniformity in family law practices in these countries. This is influenced by differences in government systems, cultures, situations and conditions of society of each country. Egypt is one of the predominantly Muslim countries which has established Islam as the state religion. Therefore, the principles of Islamic law are the main source of law in the making and formulation of laws, including family law. The practice of Islamic law in Egypt does not fully apply only to areas of family law in a limited scope including the distribution of inheritance and marriage. However, the application of family law in Egypt continues to undergo reforms and reforms. Family law reform took place in Egypt in 1920. This was marked by the promulgation of Law no. 25/1920 regarding family law and care (Law of Maintenance and Personal Status / Qanun al-Ahwal al-Syakhsiyyah wa al-Siyanah). Family law reform in the 1970s was marked by the issuance of laws regarding the authority to the judiciary to force parties (husbands) to pay maintenance fees to wives, widows, children, or parents in 1976. the current era of family law in Egypt continues to experience development. Abstrak Penerapan hukum keluarga di negara-negara yang berpenduduk mayoritas Muslim khususnya kawasan Timur Tengah dan sekitarnya memiliki praktik yang berbeda-beda, kita tidak menemukan keseragaman praktik hukum keluarga di negara-negara tersebut. Hal ini dipengaruhi oleh perbedaan sistem pemerintahan, kultur, situasi dan kondisi masyarakat setiap negara. Mesir merupakan salah satu negara yang berpenduduk mayoritas Muslim yang menetapkan Islam sebagai agama negara. Karena itu, prinsip-prinsip hukum Islam menjadi sumber hukum utama dalam pembuatan dan perumusan undang-undang termasuk hukum keluarga. Praktik hukum Islam di Mesir tidak berlaku secara utuh hanya bidang-bidang hukum keluarga dalam ruang lingkup yang terbatas meliputi pembagian warisan dan perkawinan.  Namun, penerapan hukum keluarga di Mesir terus mengalami reformasi dan pembaruan. Pembaruan hukum keluarga terjadi di Mesir pada tahun 1920. Ini ditandai dengan diundangkannya UU No. 25/1920 mengenai hukum keluarga dan penjagaan (Law of Maintenance and Personal Status/Qanun al-Ahwal al-Syakhsiyyah wa al-Siyanah). Reformasi hukum keluarga pada tahun 1970an ditandai dengan dikeluarkannya aturan undang-undang mengenai kewenangan kepada lembaga peradilan memaksa pihak-pihak (suami) untuk membayar uang pemeliharaan kepada isteri-isteri, janda-janda, anak-anak, ataupun orang tua pada tahun 1976. Hingga era sekarang hukum keluarga di Mesir terus mengalami perkembangan.            

scholarly journals NASIONALISME EKONOMI DI INDONESIA (Prespektif Ekonomi Islam dalam Al-Qur’an dan Hadis)

2020 ◽  
Vol 11 (2) ◽  
pp. 241-258
Author(s):  
Ifdholul Maghfur ◽  
Moh. Mukhsinin Syu’aibi
Keyword(s):  
Social System ◽  
Human Life ◽  
The State ◽  
The Political ◽  
Economic Nationalism ◽  
Political Aspect ◽  
Strong Belief ◽  
Religion And State ◽  
Religious Aspect ◽  
Sociological Aspect

Economic nationalism in the perspective of Islam for its adherents not only becomes religion and state in the sense of Western studies but it is also a system that encompasses all aspects of human life in the sphere of the state and nation. In his book, Marcel Boisard considers that the universality of Islam as a religion and social system can be proven in five aspects: the metaphysical aspect, the religious aspect, the sociological aspect, the economic aspect and the political aspect. Nationalism or belief in one's own product as a faith in the Essence of God as outlined in a very strong belief, Islam is a universal ideology that cannot be equated with any ideology and religion

Islamic Charity as (Non)Political in Contemporary Egypt

2020 ◽  
Vol 27 (1-2) ◽  
pp. 111-131
Author(s):  
Amira Mittermaier
Keyword(s):  
Hannah Arendt ◽  
The State ◽  
Broad Sense ◽  
The Political ◽  
The Poor ◽  
The Social ◽  
Muslim Majority ◽  
Ordinary Citizens

Abstract Whereas some Muslim-majority countries have centralized alms economies, in others Islamic charity unfolds informally. In Egypt, pious giving occurs on the margins of the state but lies at the heart of society. Egyptians’ daily charitable practices may therefore be read as political in the broad sense proposed by Hannah Arendt: efforts by ordinary citizens to shape the conditions of their collective existence. Although this Arendtian framework helps scholars to think about politics beyond the parameters of the state, even such widened notions of the political are not consistent with how pious givers in Egypt understand their practices. While attending to the poor, pious givers often orient themselves away from the social and material, foregrounding the beyond, paradise and God. Even though the “beyond” is intimately connected to the “here and now,” this decentering of the social poses a provocative challenge to the secular observer’s search for the political.

Religion and CSR: An Islamic “Political” Model of Corporate Governance

2018 ◽  
Vol 59 (5) ◽  
pp. 823-854 ◽  
Author(s):  
Maurice J. Murphy ◽  
Jan M. Smolarski
Keyword(s):  
Corporate Governance ◽  
Socioeconomic Development ◽  
Islamic Law ◽  
The Political ◽  
Corporate Board ◽  
Political Perspective ◽  
Islamic Business Ethics ◽  
Muslim Majority ◽  
Political Model ◽  
Corporate Social

This article examines the political perspective of corporate social responsibility from the standpoint of normative Islam. We argue that large firms within Muslim majority countries have the moral obligation to assist governments in addressing challenges related to sustainable socioeconomic development and in advancing human rights. In substantiating our argument, we draw upon the Islamic business ethics, stakeholder theory, and corporate governance literatures, as well as the concepts of Maqasid al Shariah (the objectives of Islamic law) and fard al ‘ayn (obligation upon all individuals within society) versus fard al kifayah (obligation upon some individuals within society) to introduce a normative model elucidating critical Islamic precepts. Finally, we propose an Islamic “political” corporate governance framework, which democratizes firm decision making by embedding “core” stakeholders, nongovernmental organizations (NGOs), and Shariah scholars in the corporate board, thereby enhancing the ability of businesses to respond to stakeholder concerns and priorities, while mitigating interstakeholder and intraboard power asymmetries.

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