scholarly journals Admissibility of Iqrar as Evidence: the Issue of Voluntariness from Syariah Principles Perspective

2018 ◽  
Vol 7 (3.30) ◽  
pp. 104
Author(s):  
Ahmad Azam Mohd Shariff ◽  
Ramalinggam Rajamanickam ◽  
Parveen Kaur Harnam Singh1 ◽  
Siti Khadijah Md Lazim ◽  
Anna Sofea Nurol Adzmi ◽  
...  
Keyword(s):  
Research Method ◽  
The Other ◽  
Other Hand ◽  
Library Research ◽  
The Difference

Iqrar is a form of bayyinah or evidence which could be tendered during trial at the syariah court. The syariah evidential principles renders it relevant and admissible with varying effect. Iqrar sorih or confession, once admitted by court, would become binding against the accused. In such a scenario, the court may convict the accused based on such confession without any need for further proof. On the other hand, the court may also admit an admission or iqrar kinayah but it could never convict the accused based on such admission alone. In other words, based on admissibility of such admission, a court could only convict the accused should such admission is further corroborated and strengthened by other evidence. This article however observes that the strength of a confession very mush depends on voluntariness of the maker of the confession. There is also some confusion among syariah practitioners as regards to the difference between both forms of iqrar. The conducted research is pure legal and qualitative in nature. Data and materials on iqrar confession and admission are collected via library research method. These data and materials are then analysed using critical and content methodologies.. This article analyses the relevancy and admissibility of iqrar confession and admission in the eyes of syariah evidential principles. It then strives at identifying problems relating to its admissibility and interpretation. This article eventually offers some ideas on ways of avoiding future misinterpretation of iqrar while simultaneously looking into some ideas on how to improve its application. 

scholarly journals SENI DALAM PERSPEKTIF HADIS NABI: Kajian Ma’ani al-Hadis

2020 ◽  
Vol 6 (2) ◽  
pp. 323
Author(s):  
Wely Dozan
Keyword(s):  
Research Method ◽  
The Other ◽  
Other Hand ◽  
Library Research ◽  
Contemporary Context ◽  
Muslim Scholars

<p><span lang="IN">Seiring lahirnya berbagai pemahaman terhadap hadis-hadis Nabi, pada saat itulah keragaman umat Muslim dalam menyikapi isu-isu tentang seni akan selalu hangat dan tidak pernah usai diperbincangkan dalam pemikiran muslim. Ada yang memandang bahwa seni merupakan suatu hal yang dilarang olah Nabi. Disisi lain, ada yang memandang bahwa seni merupakan salah satu yang dianjurkan oleh Nabi</span><span>, b</span><span lang="IN">aik </span><span>dalam </span><span lang="IN">seni musik, seni menggambar, seni melukis, dan </span><span>seni lainnya</span><span lang="IN">. Tujuan penelitian ini akan mengkaji seni dalam sudut pandang ma’ani al-hadis<em> </em>terhadap teks-teks hadis dengan melihat <em>sosio-historis</em> dan implikasinya terhadap Islam. Hal inilah yang harus dibenahi oleh cendekia-cendekia muslim agar hadis-</span><span>hadis</span><span lang="IN"> Nabi dimaknai secara objektif dengan tidak meninggalkan teks dan konteks hadis yang disampaikan. Adapun metode penelitian</span><span> yang digunakan</span><span lang="IN"> yaitu <em>library research</em> </span><span>dengan</span><span lang="IN"> cara </span><span>m</span><span lang="IN">engumpul</span><span>k</span><span lang="IN">an data dalam buku, </span><span>artikel</span><span lang="IN">, jurnal, dan berbagai macam literatur-literatur </span><span>yang </span><span lang="IN">terkait</span><span> dengan</span><span lang="IN"> permasalahan yang dikaji </span><span lang="IN">untuk menemukan hasil. Hasil penelitian ini melalui kajian ma’ani al-hadis adalah bahwa konsep seni merupakan suatu hal yang dicontohkan oleh Nabi, dan seni pada hakikatnya boleh saja dipraktikkan dalam konteks kekinian yang tidak menunjukkan pada sebuah larangan. Bahkan seni dianjurkan dalam Islam.</span></p><p> </p><p>[<strong><span lang="IN">Art in </span><span>t</span><span lang="IN">he Perspective of Prophetic Hadith: </span><span>t</span><span lang="IN">he </span><span>S</span><span lang="IN">tudy of Ma'ani al-Hadith</span></strong><span lang="IN">. Through the emergence of various understandings of the Prophet's traditions, at this time the diversity of Muslims in addressing issues regarding art will always be </span><span>updated</span><span lang="IN"> and will never finish being discussed in Muslim thought. There are those who think that art is something that was forbidden by the Prophet. On the other hand, there are those who think that art is one of the things that the Prophet likes, </span><span>such as</span><span lang="IN"> music, drawing, painting art, and other arts. The purpose of this research is to examine art from the perspective of ma'ani al-hadith towards hadith texts by looking at the socio-historical and its implications for Islam. This is what Muslim scholars need to fix so that the Prophet's traditions are interpreted objectively without leaving the text and context of the hadiths being conveyed. The research method used is library research by collecting data in books, articles, journals, and various kinds of literature related to the problems being studied </span><span lang="IN">to find </span><span>the </span><span lang="IN">results. </span><span lang="IN">The result of this research through the study of ma'ani al-hadith is that the concept of art is something that was exemplified by the Prophet, and art in essence may be practiced in a contemporary context that does not indicate a prohibition. Even art </span><span>is recommended </span><span lang="IN">in Islam.]</span></p>

scholarly journals PARADIGMA KRITIS PANCASILA DALAM DIMENSI PENDIDIKAN ISLAM

2015 ◽  
Vol 10 (1) ◽  
Author(s):  
Arif Rahman
Keyword(s):  
The Other ◽  
Islamic Education ◽  
Research Institutions ◽  
Important Thing ◽  
Other Hand ◽  
Library Research ◽  
Education Today ◽  
The Difference ◽  
The One

<div class="Section1"><p>Kajian ini bertujuan untuk mengkaji  pancasila dalam dimensi pendidikan Islam. falsafah Pancasila belum dijadikan primadona utama  dalam setiap diskusi pendidikan.  Pendekatan dalam peneltian ini adalah penelitian kepustakaan. Lembaga-lembaga pendidikan belum begitu banyak memaknai Pancasila  bagian hal terpenting dan menjiwainya secara sadar. Apa yang digagas kemudian  adalah  bagaimana falsafah Pancasila   selayaknya dijadikan paradigma kritis dalam kondisi pendidikan saat ini. Hal yang demikian bisa jadi akan melahirkan sebuah pandangan yang genuine yang menawarkan sebuah gerakan dan kesadaran untuk menyelesaikan berbagai problem pendidikan. Perbedaan kondisi di bagian negara lain memberikan kita kesempatan menampilkan sebuah gagasan paradigma kritis pancasila.  Dalam kehidupan masyarakat  yang lebih luas Pancasila  yang menggema hanya sebatas nama kurang terlihat bentuknya seperti apa jika menjadi penawar obat kesembuhan pendidikan saat ini. Hasil dari studi ini menunjukkan bahwa posisi pancasila seharusnya memang mendapat ruang yang berarti, di satu sisi karena prinsip-prinsip Pancasila  terilhami dari Islam, disisi lain  Islam memberikan legitimasi yang kuat bagi terlaksananya prinsip Pancasila yang sejalan dengan landasan Islam.</p><p>Kata kunci: paradigma, kritis, Pancasila, pendidikan, Islam</p></div><p><em>CRITICAL PARADIGM  OF  PANCASILA IN THE DIMEN- SIONS OF ISLAMIC EDUCATION. This study aims to examine the Pancasila in the Islamic educational dimension.The philosophy of Pancasila  has not made a prima donna in any discussion  of education. This study  uses library research. Institutions  have not so many interpret Pancasila as the most important thing and make it as the spirit consciously. What was conceived then is how the philosophy of Pancasila should be made as a critical paradigm in the condition of education today. Such things could be going to deliver a view that offers a genuine movement  and awareness to resolve various problems in education. The difference of conditions in others countries gives us a chance to display a critical paradigm of Pancasila. In the life of the wider community, Pancasila that echoes only as the name. Its shape is less visible if it be the antidote to cure a disease of the current education. The result of tihis articel shows that the position of Pancasila indeed should get a meaning space, on the one hand it because the principles of Pancasila was inspired from Islam, on the other hand Islam gave strong legitimacy to the implementation  of the principles of Pancasila which is in line with Islam.</em></p><p><strong><em>Keywords: </em></strong><em>critical, paradigm, Pancasila, Islamic, </em><em>e</em><em>d</em><em>u</em><em>c</em><em>a</em><em>t</em><em>io</em><em>n</em></p>

scholarly journals Diction And Contextualization of The Jews Verses In The Holy Qur’an; Text, Translation And Commentary of Abdullah Yusuf Ali

2019 ◽  
Vol 3 (3) ◽  
pp. 383
Author(s):  
Masyithah Mardhatillah
Keyword(s):  
Great Britain ◽  
International Society ◽  
English Translation ◽  
Research Method ◽  
The Other ◽  
Jewish Law ◽  
Religious Institution ◽  
Other Hand ◽  
Physical Action ◽  
Library Research

This paper explores how Abdullah Yusuf Ali interpreted the Jews in his tafseer book; The Holy Qur’an: Text, Translation and Commentary. His interpretation becomes worth to discuss due to his profile as a Moslem officer of Great Britain which politically supported the contemporary Jews in Israel. Additionally, Yusuf Ali was the big fan of the concept of inter-faith dialogue. On the other hand, he was so proud of being a Moslem so that he wrote an English translation and commentary of the Koran in order international society can understand Islam well. This paper is going to show how Yusuf Ali put himself as a Moslem and at the same time, a Britain officer, (and also admirer) who also lived in non-Moslem milieus. The discussion will explore two parts. The first one is the diction(s) used by Yusuf Ali to interpret the Jews verses, while the second is the contemporary contextualization on his interpretation on Jews verses into nowadays life. Using library research method through primary and secondary references combined with a hermeneutical approach, this paper comes to the following conclusion. First, there found five dictions to mention the Jews at the Jews verses, which are Jews, those who followed the Jewish law, those that stand on Judaism, those who follow the spirit of Moses and those who follow the Jewish scripture.  Second, by the diverse diction, Yusuf Ali implied that The Jews is all about the spirit and physical action of individual instead of religious institution or affiliation.

scholarly journals The Role of Religious Presuppositions and Precomprehensions in Selecting Narratives Related to the Cause of Revelation (Asbab al-Nuzul)

2019 ◽  
Vol 15 (2) ◽  
pp. 155-164
Author(s):  
Ali Dashti ◽  
Mehdi Akbarnejad ◽  
Mohammad Reza Hosseininia
Keyword(s):  
Research Method ◽  
Analytical Approach ◽  
Decisive Role ◽  
The Other ◽  
Other Hand ◽  
Library Research ◽  
The Subject

Abstract The narratives of the cause of revelation (Asbab al-Nuzul) play a decisive role in the interpretation of Quranic verses. On the other hand, when coming across with these narratives, presuppositions, and precomprehensions play an important role in selecting them.   This research tries to study the narratives of the cause of revelation in the Tafsir al Munir fi al Aqidah wa al Shariah wa al Manhaj (by Karya Wahbah al Zuhaili) and explain the role of Wahbah al Zuhaili’s religious presuppositions and precomprehensions in selecting narratives related to the cause of revelation (Asbab al-Nuzul). This study uses library research method that has been discussing the subject with a descriptive-analytical approach. This research shows that in many cases, Wahbah al Zuhaili has been influenced by religious presuppositions and precomprehenstion and has used them to develop his interpretative goals. Keywords: Wahbah al Zuhaili, Tafsir al-Munir, Asbab an-Nuzul  

scholarly journals Another Name for Liberty: Revelation, ‘Objectivity,’ and Intellectual Freedom in Barth and Marion

Open Theology ◽  
2019 ◽  
Vol 5 (1) ◽  
pp. 430-450
Author(s):  
Kristóf Oltvai
Keyword(s):  
A Priori ◽  
The Other ◽  
Christian Theology ◽  
Intellectual Freedom ◽  
Specific Kind ◽  
Absolute Truth ◽  
Saturated Phenomenon ◽  
Other Hand ◽  
The Difference ◽  
The Relationship

Abstract Karl Barth’s and Jean-Luc Marion’s theories of revelation, though prominent and popular, are often criticized by both theologians and philosophers for effacing the human subject’s epistemic integrity. I argue here that, in fact, both Barth and Marion appeal to revelation in an attempt to respond to a tendency within philosophy to coerce thought. Philosophy, when it claims to be able to access a universal, absolute truth within history, degenerates into ideology. By making conceptually possible some ‚evental’ phenomena that always evade a priori epistemic conditions, Barth’s and Marion’s theories of revelation relativize all philosophical knowledge, rendering any ideological claim to absolute truth impossible. The difference between their two theories, then, lies in how they understand the relationship between philosophy and theology. For Barth, philosophy’s attempts to make itself absolute is a produce of sinful human vanity; its corrective is thus an authentic revealed theology, which Barth articulates in Christian, dogmatic terms. Marion, on the other hand, equipped with Heidegger’s critique of ontotheology, highlights one specific kind of philosophizing—metaphysics—as generative of ideology. To counter metaphysics, Marion draws heavily on Barth’s account of revelation but secularizes it, reinterpreting the ‚event’ as the saturated phenomenon. Revelation’s unpredictability is thus preserved within Marion’s philosophy, but is no longer restricted to the appearing of God. Both understandings of revelation achieve the same epistemological result, however. Reality can never be rendered transparent to thought; within history, all truth is provisional. A concept of revelation drawn originally from Christian theology thus, counterintuitively, is what secures philosophy’s right to challenge and critique the pre-given, a hermeneutic freedom I suggest is the meaning of sola scriptura.

Markedness and Perspective in the Interpretation of the Active and Passive Voice

1974 ◽  
Vol 26 (2) ◽  
pp. 189-195 ◽  
Author(s):  
Irene Klenbort ◽  
Moshe Anisfeld
Keyword(s):  
Information Content ◽  
Focal Point ◽  
The Other ◽  
Clear Pattern ◽  
Passive Voice ◽  
Other Hand ◽  
Logical Subject ◽  
The Difference

The subjects were presented with active and passive sentences. For each sentence, they had to choose between two alternative implications. The pattern of choices indicates that in the passive the logical subject was interpreted by the subjects as the focal point of the information asserted by the sentence and as the carrier of overall responsibility for the sentential proposition. In contrast to the passive, there was no clear pattern of preferences for the active. The difference between the two voices was attributed to their markedness asymmetry, the passive being marked and the active unmarked. It is concluded that the active offers a neutral structure for conveying information; a structure available for use when one does not want to superimpose on the information content any stylistic or connotational implications. The passive, on the other hand, suggests special connotations in addition to the basic message.

Scenarios as Tools of the Scientific Imagination: The Case of Climate Projections

2021 ◽  
Vol 29 (1) ◽  
pp. 36-61
Author(s):  
Michael Poznic ◽  
Rafaela Hillerbrand
Keyword(s):  
Scientific Community ◽  
Climate Science ◽  
The Other ◽  
Climate Projections ◽  
Public Realm ◽  
The Public ◽  
Other Hand ◽  
The Difference ◽  
The One ◽  
Scientific Imagination

Climatologists have recently introduced a distinction between projections as scenario-based model results on the one hand and predictions on the other hand. The interpretation and usage of both terms is, however, not univocal. It is stated that the ambiguities of the interpretations may cause problems in the communication of climate science within the scientific community and to the public realm. This paper suggests an account of scenarios as props in games of make-belive. With this account, we explain the difference between projections that should be make-believed and other model results that should be believed.

Prevalence and Causal Factors of Playing-Related Musculoskeletal Disorders of the Upper Extremity and Trunk among Japanese Pianists and Piano Students

2006 ◽  
Vol 21 (3) ◽  
pp. 112-117
Author(s):  
Shinichi Furuya ◽  
Hidehiro Nakahara ◽  
Tomoko Aoki ◽  
Hiroshi Kinoshita
Keyword(s):  
Musculoskeletal Disorders ◽  
Age Groups ◽  
Significant Risk ◽  
Significant Risk Factor ◽  
Daily Practice ◽  
The Other ◽  
Causal Factors ◽  
Western Countries ◽  
Other Hand ◽  
The Difference

The purpose of this study was to investigate the prevalence of playing-related musculoskeletal disorders (PRMDs) among Japanese female classical pianists of different age groups. The causal factors for PRMDs also were examined. A group of 203 senior pianists, including piano teachers and students with piano majors at high schools and colleges, were surveyed using questionnaires. Results showed that 77% of these pianists suffered from PRMDs in at least one of their body portions. This value was larger than those reported in Western countries. Forty-four percent of these were serious enough to warrant medical treatment, which was a lower rate than reported in Western countries. The difference in these numbers may reflect the current state of understanding of PRMDs among Japanese pianists and their educators. The prevalence of PRMDs was found to be age-dependent. In the student groups, the finger/hand had the highest rate of PRMDs, followed by the forearm and shoulder. The senior group, on the other hand, had the highest PRMD incidence at the neck/trunk, followed by the forearm and hand/finger. Care may need to be exercised for these differences. The results also indicated that prolonged daily practice (>4 hours), playing chords forcefully, eagerness about practice, and nervous traits were found to contribute to the development of PRMDs in these pianists. Hand size was, on the other hand, not a significant risk factor of PRMDs.

Distinction between Dolus and Culpa with reference to Arson in Zakon Sudnyj LJudem, the Vinodol Law and the Statute of Senj

De Jure ◽  
2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Daniel Haman ◽  
◽  
◽  
Keyword(s):  
Criminal Law ◽  
The Other ◽  
Legal Documents ◽  
The Third ◽  
Other Hand ◽  
Criminal Offenses ◽  
The World ◽  
The Difference ◽  
Different Levels ◽  
Better Than

The difference between intent (dolus) and negligence (culpa) was rarely emphasized in codified medieval laws and regulations. When compared to the legal statements related to intent, negligence was mentioned even more rarely. However, there are some laws that distinguished between the two concepts in terms of some specific crimes, such as arson. This paper draws attention to three medieval Slavic legal documents – the Zakon Sudnyj LJudem (ZSLJ), the Vinodol Law and the Statute of Senj. They are compared with reference to regulations regarding arson, with the focus being on arson as a crime committed intentionally or out of negligence. The ZSLJ as the oldest known Slavic law in the world shows some similarities with other medieval Slavic legal codes, especially in the field of criminal law, since most of the ZSLJ’s articles are related to criminal law. On the other hand, the Vinodol Law is the oldest preserved Croatian law and it is among the oldest Slavic codes in the world. It was written in 1288 in the Croatian Glagolitic script and in the Croatian Chakavian dialect. The third document – the Statute of Senj – regulated legal matters in the Croatian littoral town of Senj. It was written in 1388 – exactly a century after the Vinodol Law was proclaimed. When comparing the Vinodol Law and the Statute of Senj with the Zakon Sudnyj LJudem, there are clear differences and similarities, particularly in the field of criminal law. Within the framework of criminal offenses, the act of arson is important for making a distinction between intent and negligence. While the ZSLJ regulates different levels of guilt, the Vinodol Law makes no difference between dolus and culpa. On the other hand, the Statute of Senj strictly refers to negligence as a punishable crime. Even though the ZSLJ is almost half a millennium older than the Statute of Senj and around 400 years older than the Vinodol Law, this paper proves that the ZSLJ defines the guilt and the punishment for arson much better than the other two laws.

Reading Identity, Reading Essence: A Strategic Essentialist Approach to Mulk Raj Anand’s Untouchable

2021 ◽  
Vol 2 (4) ◽  
pp. 91-101
Author(s):  
Saleha Ilhaam
Keyword(s):  
Present Article ◽  
Human Existence ◽  
The Other ◽  
Political Strategy ◽  
Other Hand ◽  
Strategic Essentialism ◽  
Reading Identity ◽  
The Difference ◽  
The Individual ◽  
Individual Self

The term strategic essentialism, coined by Spivak, is generally understood as “a political strategy whereby differences (within Group) are temporarily downplayed, and unity assumed for the sake of achieving political goals.” On the other hand, essentialism focuses that everything in this world has an intrinsic and immutable essence of its own. The adaption of a particular “nature” of one group of people by way of sexism, culturalization, and ethnification is strongly linked to the idea of essentialism. Mulk Raj Anand’s Bakha is dictated as an outcast by the institutionalized hierarchy of caste practice. He is essentialized as an untouchable by attributing to him the characteristic of dirt and filth. However, unlike other untouchables, Bakha can apprehend the difference between the cultured and uncultured, dirt and cleanliness. Via an analysis of Anand’s “Untouchable,” the present article aims to bring to the forefront the horrid destruction of the individual self that stems from misrepresentations of personality. Through strategic essentialism, it unravels Bakha’s contrasting nature as opposed to his pariah class, defied by his remarkable inner character and etiquette. The term condemns the essentialist categories of human existence. It has been applied to decontextualize and deconstruct the inaccurately essentialized identity of Bakha, which has made him a part of the group he does not actually belong to.

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