scholarly journals Work between Obligation and Right in Muslim Culture: Is There a Paradigm Shift?

2021 ◽  
pp. 1-22
Author(s):  
Mouez Khalfaoui (معز خلفاوي)
Keyword(s):  
Paradigm Shift ◽  
The State ◽  
Moral Thought ◽  
Job Opportunities ◽  
The Individual ◽  
Relationship Of ◽  
The Relationship ◽  
Historical Periods ◽  
Muslim Culture ◽  
Important Shift

Abstract The paper starts from the premise that the revolutions in the countries of the so-called Arab Spring (2011 and onwards) brought about an important shift in the understanding of right and duty. This trend is related to the transformation of the relationship of the ruler and the ruled in those countries as well as in the perception of work ethics. Whereas the systems of these countries have consistently considered work as a duty of citizens and encouraged them to work hard for the development and prospering of the state, these popular movements have transformed work from a duty and responsibility on the shoulders of the individual into a right of the individual that can be claimed from the state, which is trying to evade its responsibilities – including the duty to provide job opportunities for its citizens. The researcher does not claim to present a comprehensive outline of the topic; this is rather a preliminary approach that deserves further study and analysis. What happened is not necessarily caused by direct contact with the “West” or being influenced by “Western” political philosophy, as we can find hints and origins for this transformation in both classical and modern Islamic moral thought. This paper presents examples of the relationship of right and duty from different historical periods.

scholarly journals ANALISIS TERHADAP UNDANG-UNDANG NOMOR 23 TAHUN 2011 TENTANG PENGELOLAAN ZAKAT (PERSPEKTIF HUKUM ISLAM)

2016 ◽  
Vol 15 (2) ◽  
Author(s):  
Budi Rahmat Hakim
Keyword(s):  
Islamic Law ◽  
Legal Framework ◽  
The State ◽  
New Paradigm ◽  
New Era ◽  
Key Issues ◽  
The Individual ◽  
Relationship Of ◽  
The Relationship ◽  
Tax Deduction

The Birth of Law No. 23/2011 marks a new era of transformation of the national charity which has given rise to a new paradigm of charity management in our country. Some rules are the result of constitutive ijtihadin the ?eld of charity gets a reaction from some quarters, especially related to the management of charity by the state authority. Regardless of the debate which led to the material and formal lawsuit, there are several key issues to be further analyzed in relation to the reconstruction of ?qh paradigm evaluated from the perspective of contemporary Islamic law. First, the authorities and the involvement of the state as charities through the agency or institution that is of?cially established or recognized by the state, so that the management of charity can be done effectively, guaranteed. And have legal certainty. Secondly, the absence of sanctions for muzaki who shirk the obligation of charity in Law No.23 / 2011 shows that the payment of charity is voluntary, therefore charity regulations in Indonesia are still considered weak in the legal framework that can bind to the individual or business entity that is exposed to the taxpayer , Third, the reform paradigm of subject, object and charity tas{arruf ?eld have already accommodated in Law No.23 / 2011 in accordance with the principle of mas}lah}atand justice. Fourth, the relationship of charity and tax reaf?rmed in the amendment of new Law charity as?scal incentives for charity payers to make charity as a reduction of PKP (tax deduction), although this provision has not been able to realize the position of charitywhich is more signi?cant as a tax deduction(tax credit).

The Myth of Judicial Independence

2020 ◽  
Author(s):  
Mike McConville ◽  
Luke Marsh
Keyword(s):  
Separation Of Powers ◽  
Material Point ◽  
The State ◽  
Theory And Practice ◽  
Home Office ◽  
Democratic Polity ◽  
The Individual ◽  
Relationship Of ◽  
The Relationship

This book on the criminal justice system is uniquely positioned to examine judicial claims to independence, the politics of the judiciary, the rule of law, and the role of the executive in the context of a democratic polity. The authors have mined the British government’s archival vaults to assemble records including official (previously classified) Home Office files and present a ground-breaking narrative. By tracking the relationship between senior judges and the Home Office from the end of the nineteenth century to the modern day, revelations concerning the politics of the judiciary and the separation of powers are unearthed. The book argues that the claims of the senior judiciary to be independent of the executive are invalidated by historical records and the theory and practice of the separation of powers (the ‘Westminster Model’) deeply flawed. Rather, at every material point, civil servants compromised the role of the senior judiciary’s decision-making. Moreover, with the passive endorsement of senior judges, the executive repeatedly misled Parliament as to the authorship and provenance of fundamental rules governing the relationship of the individual to the state in relation to police powers of arrest, detention, and questioning. The book also explores the past and continuing impact of all this to former colonial territories and traces the close liaison between key members of the senior judiciary and the state in reconfiguring the modern criminal process in a way which weakens defence lawyers, pressurizes defendants into pleading guilty, and undermines cardinal adversarial protections.

scholarly journals The state and personality in the works of N.A. Berdyaev

2019 ◽  
Vol 72 ◽  
pp. 02006
Author(s):  
Stepan Yaichny
Keyword(s):  
Social Preferences ◽  
The State ◽  
Religious Philosophy ◽  
The Social ◽  
Different Types ◽  
European Philosophy ◽  
The Individual ◽  
Relationship Of ◽  
The Relationship ◽  
The Ideal

This article discusses the basic concepts of Berdyaev’s philosophy, traces the relationship of his philosophical view and political convictions. This relationship is revealed through the concept of personality, which is the central concept of Berdyaev’s philosophy. Through the attitude to the personality, we can reveal the attitude of N. A. Berdyaev to the institution of the state, understand the social preferences of the Russian philosopher, who has come a long way from the representative of Russian Marxism to Russian religious philosophy. Having understood his ideas about the ideal structure of society, we can understand the attitude of N. A. Berdyaev to the Soviet state. The article distinguishes between two different types of relationships: the individual and society - collectivism and communitarianism. Berdyaev’s view is shown in the origins of Russian communism, which, in the opinion of the philosopher, are found not only in Western European philosophy, but also in the historical mentality of Russian people.

The lives of subjects

2011 ◽  
Author(s):  
Annabel S. Brett
Keyword(s):  
Common Good ◽  
Body Politic ◽  
The State ◽  
The Body ◽  
Ontological Status ◽  
The Common ◽  
The Law ◽  
The Individual ◽  
Relationship Of ◽  
The Relationship

This chapter discusses the relationship of the state to its subjects as necessarily physically embodied beings. The primary way in which the commonwealth commands its subjects is through the medium of its law. The law is for the common good and obliges the community as a whole, and thus the ontological status of the law—as distinct from any particular command of a superior to an individual—is intimately tied to that of the body politic. The question, then, concerning the relationship of the state to the natural body of the individual can be framed in terms of the extent of the obligation of the civil law.

In the openness of “own” being (on the example of Leo Tolstoy’s novel ‘The Death of Ivan Ilyich’)

2021 ◽  
Vol 4 (2) ◽  
pp. 83-106
Author(s):  
Nadezhda Kasavina
Keyword(s):  
The State ◽  
The Other ◽  
Existential Anxiety ◽  
Terminal Stage ◽  
The World ◽  
The Face ◽  
The Individual ◽  
Relationship Of ◽  
The Relationship ◽  
Boundary Situation

The article considers the work of Leo N. Tolstoy The Death of Ivan Ilyich in the context of the concept of boundary situations by K. Jaspers; the phenomena of “intercession in death”; one’s own and non-own Being-toward-death by M. Heidegger; the stages of personal acceptance of death which were identified by E. Kubler-Ross on the basis of psychotherapeutic work with incurable patients. The situation of Ivan Ilyich shows the position of a person in the face of existential anxiety and threats of loneliness, a sense of meaninglessness, despair, actualized by the boundary situation of death. The dynamics of the state of the novel’s protagonist is interpreted as the formation of “one’s own Being-towards-death”, which has the character of being in relation to “one’s own ability of being” (M. Heidegger). Presence is completely surrendered to itself, essentially open to itself. Loneliness acts as a way to open existence. In the openness of presence for the individual the world opens itself, the other and others in their unique way of being. Ivan Ilyich experiences this before his death as an epiphanic phenomenon, which unfolds the destiny of the personality, leading it beyond the limits of only his or her life and suffering. The interaction of the protagonist with others is considered from the perspective of the problems identified by E. Kuebler-Ross in the relationship of doctors, relatives and patients in the terminal stage of their illness and the transition to the acception of their own finiteness, which acquires the character of historicity.

scholarly journals Gogol, Authorities and Censorship in the New Monograph by I. A. Vinogradov

2021 ◽  
Vol 3 (4) ◽  
pp. 198-205
Author(s):  
Vladimir A. Voropaev
Keyword(s):  
Literary Criticism ◽  
State Policy ◽  
Literary Text ◽  
The State ◽  
Monographic Study ◽  
The Individual ◽  
Relationship Of ◽  
The Relationship

The review describes a new monographic study by I. A. Vinogradov, published in 2021, on the relationship between Gogol and the censorship of his time. The scale, depth, scientific thoroughness of the book of the scientist, who presented the censorship histories of N. V. Gogol’s works with numerous details, is noted. I. A. Vinogradov thoroughly refutes the ideologized approach in illuminating the issue of the relationship between the writer and the official censorship, reveals the complex and ambiguous relationship of Gogol with the censorship department, illustrates the specifics of the government’s literary policy, explains the importance of the personality of the censor in the process of working with a literary text. The monograph overcomes stereotypical ideas about the possibilities and boundaries of cooperation between the state and the individual, about the existence of an insurmountable barrier between the artist’s self-expression, his civic position and state policy. I. A. Vinogradov presents the topic of the relationship between the writer and censorship in a volumetric and multifaceted manner, asserting it as one of the most important areas of research in modern literary criticism.

CHILD-PARENT RELATIONS AS A FACTOR IN THE FORMATION OF PROFESSIONAL PREFERENCES IN PEDAGOGICAL DYNASTIES

2020 ◽  
Vol 2 (4) ◽  
pp. 126-130
Author(s):  
N. V. SHAMANIN ◽  
Keyword(s):  
Professional Development ◽  
The Family ◽  
The Individual ◽  
Relationship Of ◽  
The Relationship ◽  
Parent Child Relationships ◽  
Professional Preferences ◽  
Parent Child

The article raises the issue of the relationship of parent-child relationships and professional preferences in pedagogical dynasties. Particular attention is paid to the role of the family in the professional development of the individual. It has been suggested that there is a relationship between parent-child relationships and professional preferences.

Epilogue

2017 ◽  
Author(s):  
Joshua S. Walden
Keyword(s):  
The Body ◽  
The Self ◽  
The Individual ◽  
Relationship Of ◽  
The Relationship

The book’s epilogue explores the place of musical portraiture in the context of posthumous depictions of the deceased, and in relation to the so-called posthuman condition, which describes contemporary changes in the relationship of the individual with such aspects of life as technology and the body. It first examines Alfred Hitchcock’s Vertigo to view how Bernard Herrmann’s score relates to issues of portraiture and the depiction of the identity of the deceased. It then considers the work of cyborg composer-artist Neil Harbisson, who has aimed, through the use of new capabilities of hybridity between the body and technology, to convey something akin to visual likeness in his series of Sound Portraits. The epilogue shows how an examination of contemporary views of posthumous and posthuman identities helps to illuminate the ways music represents the self throughout the genre of musical portraiture.

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