scholarly journals Response to Linda Woodhead's Paper: ‘Truth and Deceit in Institutions’

2022 ◽  
pp. 095394682110523
Author(s):  
Amra Bone
Keyword(s):  
Islamic Law ◽  
Christian Ethics ◽  
Men And Women ◽  
The Road

At the 2021 conference of the Society for the Study of Christian Ethics, Linda Woodhead presented a paper entitled ‘Truth and Deceit in Institutions’. Amra Bone was then invited to deliver a response to this paper drawing on her knowledge of Islamic traditions and culture. This article is her response. The article highlights the importance the Qur’anic scripture gives to justice and neither distorting nor refusing to give testimony. It then briefly explores the Arabic term Kufr found in the Qur’an. Whilst more commonly interpreted to mean disbelief, this term literally means hiding or covering up truth. Dishonesty can therefore be equated to disbelief which makes it a very serious matter for Muslims. Therefore ethics determine that the road to greater institutional honesty must be adopted. In Islamic Law the end does not justify the means; rather the outcome rests with God alone and the responsibility given to men and women is to act honestly and ethically. For any institution or society to develop positively, every individual must play their part and take this responsibility seriously and not to rely on a few courageous individuals.

scholarly journals The Prohibition of Sampir Marriage in the Perspective of Maslahah Mursalah

2020 ◽  
Vol 1 (3) ◽  
pp. 493-506
Author(s):  
Nurwakhid Agung Kurniawan
Keyword(s):  
Empirical Study ◽  
Qualitative Method ◽  
Islamic Law ◽  
Field Research ◽  
Research Data ◽  
Men And Women ◽  
The Road ◽  
Village Community ◽  
The Village ◽  
General Truth

Sampir marriages are marriages between men and women separated from the road, these marriages are prohibited according to the adat community of Kenteng Village, Toroh District, Grobogan Regency. This study aims to, 1) describe the prohibition of "sampir" marriage from the perspective of "maslahah mursalah", 2) develop knowledge in terms of Indonesian marriage law, 3) provide understanding to the village community in the village regarding the "prohibition of marriage of the sampir" perspective "maslahah mursalah". This research is an empirical study, or it can also be called field research that examines the tradition of prohibiting marriage in Kenteng Village, Toroh Sub-District, Grobogan Regency. This research includes empirical research. Data collection by observation, interview, and documentation. The author uses a qualitative method of deductive thinking in analyzing this problem, namely the process of approach that departs from general truth about a phenomenon or theory and generates that truth on an event that is characterized by the same phenomenon concerned. Overview of Islamic Law on the tradition of prohibiting marriages of sampir in Kenteng Village, Toroh Sub-District, Grobogan Regency, through the Maṣlaḥah approach, it is a mistake that the tradition contains an element of shirk because the community believes that sampir marriage will bring disaster to the perpetrators, the community always associates the disaster that befell the marriages of the sampir perpetrators. mate sampir.

Risk factors for falls in a longitudinal population-based cohort study of Japanese men and women: The ROAD Study

Bone ◽  
2013 ◽  
Vol 52 (1) ◽  
pp. 516-523 ◽  
Author(s):  
Shigeyuki Muraki ◽  
Toru Akune ◽  
Yuyu Ishimoto ◽  
Keiji Nagata ◽  
Munehito Yoshida ◽  
...  
Keyword(s):  
Risk Factors ◽  
Cohort Study ◽  
Population Based ◽  
Japanese Men ◽  
Men And Women ◽  
The Road ◽  
Risk Factors For Falls ◽  
Road Study

scholarly journals PEREMPUAN DAN HAK ASASI MANUSIA DALAM PERSPEKTIF HUKUM ISLAM

2010 ◽  
Vol 40 (4) ◽  
pp. 440
Author(s):  
Uswatun Hasanah
Keyword(s):  
Human Rights ◽  
Women's Rights ◽  
Islamic Law ◽  
Women’S Rights ◽  
Human Beings ◽  
Proper Understanding ◽  
Men And Women ◽  
Correct Understanding

AbstrakIn Islamic law, there are principles of equality among all human beings,including equality between men and women. To manifest the principles ofequality, proper understanding of Islamic law and human rights is needed.Human rights, including women's rights are often mentioned in al-Qur'anand al-Hadits. Islam comes to bring fresh air for women because God'srevelation descended to Prophet Muhammad talks much about women, bothabout their rights and obligations. Although Islam has been present for morethan fourteen centuries ago, but the provisions contained in al-Qur 'an andthe al-Hadith, as sources of Islamic law have not been realized properly inIslamic society, even until today there are still practices in Islamiccommunities that put Muslims women not as they should. Although therewere not many, but the condition can lead to incorrect understanding ofIslam in society that Islam less aware ofwomen's rights. Infact, Islam givesgreat attention and gives a respectable position for women. In order that thewomen's rights can be implemented appropriately, every Muslim shouldunderstand Islamic law well and correctly, so they can realize their rightsand obligations as servants of God, as members of society and citizens.Human rights and women issues should be perceived as a problem faced notby women only, but also by all people in society. Awareness about women'srights in Islam cannot establish by itself but must be cultivated through acorrect dissemination of correct understanding to the community,particularly Muslims, both men and women.

scholarly journals Diskursus Gender Dalam Hukum Islam

2018 ◽  
Vol 2 (1) ◽  
Author(s):  
Mesraini Mesraini
Keyword(s):  
Islamic Law ◽  
Primary Source ◽  
Western World ◽  
Men And Women ◽  
Islamic Studies ◽  
Gender Discourse ◽  
Islamic Jurisprudence

Abstract:Gender discourse is an issue that has its distinct challenges in Islamic studies. This is due to the notion that gender discourse emerged from the western world and is also considered less linear with Islamic studies. The main cause of this impression is due to a lack of proportional understanding. Gender does not actually treat a person on the basis of sex, but on one's competence. If the gender approach is biological-natural and irreversible, then the gender approach is constructive-social, not natural, and thus can be altered. This paper argued that Qur'an Hadith as the primary source of Islam ensures that in the issues of position, worship, and law, men and women have equal position. Nonetheless, some aspects of fiqhiyah (Islamic jurisprudence) as an implementation of the primary source's understanding are still considered biased. The differences of thinking, the culture of society, and the challenges faced by imam fiqh (Islamic jurisprudence leaders) contribute to gender biasKeywords: Gender, Islamic Law, Fiqh Abstrak: Wacana gender merupakan isu yang memiliki tantangan tersendiri dalam kajian keislaman. Di samping lahir dari dunia Barat, wacana ini dipandang kurang linier dengan kajian keislaman. Kesan ini cenderung didasarkan atas pemahaman yang kurang proporsional. Gender bukanlah memperlakukan seseorang atas dasar jenis kelamin, tetapi atas kompetensi seseorang. Jika pendekatan jenis kelamin itu bersifat biologis-kodrati dan tidak dapat diubah, maka pendekatan gender bersifat konstruk-sosial, bukan kodrati, dan dapat diubah. Sumber primer Islam, seperti Alquran Hadits, memastikan dalam persoalan kedudukan, ibadah, dan hukum antara laki-laki dan perempuan memiliki posisi yang sama. Namun, sebagian dari aspek fiqhiyah sebagai implementasi atas pemahaman sumber primer itu dipandang masih bias. Perbedaan pemikiran, budaya masyarakat, dan tantangan yang dihadapi oleh para imam fiqh berkontribusi atas bias gender.Kata Kunci: Gender, Hukum Islam, Fiqh

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 La morte e i suoi riti in Italia tra Medioevo e prima Età moderna

2008 ◽  
Keyword(s):  
Early Modern ◽  
Men And Women ◽  
The Road ◽  
Modern Age

Consciously repressed by the current dominating culture, in Italy and Europe in the late mediaeval and early modern age death was addressed with greater confidence and awareness, and sometimes even with serenity. The modes of dying and of conceiving death – and the varied and rich religious and civil rituals that accompanied it – reflected the values and the choices of rich and poor, of kings and peasants, merchants and soldiers, nobles and churchmen, men and women. Several decades after the major studies that opened the road to these strands of research in Italy too (Ariès, Tenenti), this book offers a series of penetrating and suggestive explorations of a fascinating and complex theme which no reader can consider extraneous.

scholarly journals KONSEKUENSI MARRIED BY ACCIDENT DALAM PERSPEKTIF HUKUM POSITIF DAN HUKUM ISLAM

2018 ◽  
Vol 9 (2) ◽  
pp. 133
Author(s):  
Imawanto Imawanto ◽  
Edi Yanto ◽  
Mappanyompa Mappanyompa
Keyword(s):  
Research Methods ◽  
Islamic Law ◽  
Biological Father ◽  
Men And Women ◽  
Positive Law ◽  
Legal Guardianship ◽  
Illegitimate Child ◽  
Legal Perspective ◽  
The Guardian ◽  
Cover Up

This article discusses married by accident, which is a marriage that is forced to be carried out between a pair of men and women because the woman is already pregnant, their parents must marry her, in order to cover up their disgrace in the community. Using juridical-normative research methods. The results of the study are, first, the law of being married by accident is permitted both by positive law and Islamic law, secondly, the position of a married by accident child becomes a legitimate child in the perspective of positive law, and an illegitimate child in the perspective of Islamic law. Third, in a positive legal perspective, the legal guardianship and inheritance rights of a daughter from married by accident are her biological father and inheritance rights from her parents, whereas in Islamic legal perspective the child resulting from married by accident biological father has no right to give heirs and is not entitled also be the guardian of the child.keywords: Islamic law; married by accident; positive law. AbstrakArtikel ini membahas tentang married by accident, yaitu pernikahan yang terpaksa dilakukan antara sepasang laki-laki dan perempuan karena perempuannya sudah hamil terlebih dahulu, orang tua mereka harus menikahkannya, dalam rangka menutupi aib mereka di masyarakat. Menggunakan metode penelitian yuridis-normatif. Hasil penelitian, pertama, hukumnya married by accident di bolehkan baik oleh hukum positif dan hukum Islam, kedua, kedudukan anak married by accident menjadi anak sah dalam perspektrif hukum positif, dan anak tidak sah dalam  perspektif hukum Islam. Ketiga, dalam perspektif hukum positif, hak wali dan hak waris anak perempuan dari married by accident adalah ayah biologisnya dan memperoleh hak waris dari kedua orang tuanya, sedangkan dalam perspektif hukum Islam anak hasil dari married by accident ayah biologis tidak berhak memberikan waris dan tidak berhak pula menjadi wali anak tersebut ketika menikah.kata kunci: hukum Islam; hukum positif; married by accident.

scholarly journals LARANGAN PERNIKAHAN BEDA AGAMA DALAM PERSPEKTIF SYAD ZARI’AH IMAM AL-SYATIBI

2018 ◽  
Vol 2 (2) ◽  
pp. 174
Author(s):  
Muhammad Zainuddin Sunarto
Keyword(s):  
Human Rights ◽  
Social Relations ◽  
Islamic Law ◽  
Preventive Measures ◽  
The Other ◽  
Application Form ◽  
Modern Times ◽  
Race And Class ◽  
The Road

Social relations in modern times is now very universal, without limitation of religion, race, and class, then it allows two people of different religions into love, affection, and was about to enter into marriage. On the other hand, freedom of religion in Indonesia is guaranteed in the Constitution and protected in points on human rights. In Islamic law known several methods in the determination of a law one of which is Syad Zari’ah, is defined as preventive measures to avoid the ugliness. Imam al-Syatibi, One philosopher of Islamic law has its own ideas about these methods. In Usul al-Fiqh Study, Syad Zari’ah interpreted as closing the road that leads to destruction. Imam al-Syatibi at defining about Syad Zari’ah “do a job which all contain kindness changed to an ugliness”. someone doing a job that basically allowed because it contains a kindness, but the objectives to be achieved end on an ugliness. haram law in this case not because of his own actions, but the law forbidden here because the objectives to be achieved from such actions. this is called the practice of Syad Zari’ah. This method is deemed the application form from the rules of fiqh “dar’u al-mafasid muqaddamun ‘ala jalbi al-masalih”. From the other side, haram law here is also based of maqasid syari’ah in keeping religion in order to avoid switching to another religion

scholarly journals The Road to Parenthood: Income and First Births in Sweden

2016 ◽  
Vol 50 ◽  
pp. 31-52 ◽  
Author(s):  
Ernesto Germán Silva
Keyword(s):  
Gender Differences ◽  
Positive Association ◽  
Income Effect ◽  
Entire Population ◽  
Men And Women ◽  
The Road ◽  
The Moment ◽  
Over Time

This paper considers the effect of income on the risk of having the first births in Sweden from 1968 to 2009. Variations by gender are given particular atention. The study follows men and women from the moment they turn 18 until they enter parenthood and it is based on register-based data covering the entire population of Sweden. Complementary log-log models show that there is a positive association between income and the risk of childbearing. The association gets stronger over time and the differences between men and women diminish. Gender differences appear when the income effect is related to the demand for work in the economy. An income above the median does not increase the risk of childbearing for women when the demand for work is relatively high.

scholarly journals Tinjauan Maqashid Syari’ah terhadap Akibat Tindakan Marital Rape dalam UU No.23 Th. 2014 dan RUKHP

2019 ◽  
Vol 1 (2) ◽  
pp. 229-256
Author(s):  
Diyan Putri Ayu
Keyword(s):  
Domestic Violence ◽  
Sexual Coercion ◽  
Islamic Law ◽  
Marital Rape ◽  
Men And Women ◽  
Sexual Desires

Marriage is a strong contract (mitsaqan Ghalidzan), containing transcendental values ​​(divine), carried out consciously by men and women to form a family whose implementation is based on willingness and agreement between the two. Understanding that a woman (wife) under any circumstances must fulfill her husband's sexual desires and if the wife refuses her husband's sexual invitation, then he is said to be a great sinner often used as a legitimate tool in the name of religion. Thus, it becomes natural if then the husband's sexual coercion of his wife which should be between each other intercourse in ways that are ma'ruf and loving. Given this reality, the author will discuss the main problem is the analysis of Maqashid Shari'ah on the effects of marital rape in Law No.23 Th. 2014 and RUKHP. The results of the analysis explained that in an effort to deal with the wife of a victim of domestic violence must be in line with the objectives of Islamic law, namely the protection of the 5 main principles in Islam, namely maintaining religion, life, reason, descent and wealth. Perkawinan merupakan akad yang kuat (mitsaqan Ghalidzan), mengandung nilai-nilai transendetal (ilahiyah), dilakukan secara sadar oleh laki-laki dan perempuan guna membentuk keluarga yang pelaksanaanya didasarkan pada kerelaan dan kesepakatan diantara keduanya. Pemahaman bahwa wanita (istri) dalam keadaan apapun harus memenuhi keinginan seksual suaminya dan jika istri menolak ajakan seks suaminya, maka ia dikatakan berdosa besar kerap kali dijadikan alat legitimasi atas nama agama. Dengan demikian, menjadi wajar jika kemudian terjadi pemaksaan seksual suami terhadap istri yang seharusnya diantara keduanya saling menggauli dengan cara-cara yang ma’ruf dan penuh kasih sayang. Dengan adanya kenyataan inilah, maka penulis akan membahas Pokok permasalahanya adalah analisis Maqashid Syari’ah terhadap akibat tindakan marital rape dalam UU No.23 Th. 2014 dan RUKHP. Hasil analisis mejelaskan bahwa dalam upaya penanganan istri korban kekerasan dalam rumah tangga harus sejalan dengan  tujuan hukum islam yakni perlindungan terhadap terjaminya 5 prinsip utama dalam islam yakni memelihara agama,jiwa, akal, keturunan dan harta.

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