scholarly journals NEGARA HUKUM DAN POLITIK HUKUM ISLAM DI INDONESIA: CATATAN KRITIS ATAS PEMIKIRAN NURCHOLISH MADJID

Asy-Syari ah ◽  
2015 ◽  
Vol 18 (2) ◽  
Author(s):  
Undang Hidayat

Many muslim scholars believed that the idea and model of legal state had exsited since the first hijriya Islamic century ago, when the prophet of Muhammad SAW declared Madina State, including with all instruments and its requirement of the state such as territory, constitution, society, and declaration. This view is also admitted by the Western Scholars who stated that the Prophet of Muhammad SAW had successfully implemented the bases of political authority and the model of the strongly modern state with the spirit of democracy in the past.

2018 ◽  
Vol 1 (1) ◽  
pp. 108-119
Author(s):  
Massimiliano Tomba

Abstract The imperative mandate is a medieval institution that arose in a context in which power was not monopolized by the state, but rather distributed in a plurality of municipalities and assemblies with specific political authority. This system, based on the plurality of the authority of assemblies, is incompatible with the modern state. Indeed, it is explicitly forbidden in many modern Western constitutions. Yet the imperative mandate appears in numerous events throughout modernity that have challenged the principles of the nation-state. It emerges today in populist movements as a response to the crisis of the representative democracy. This essay locates the insurgent legacy of the imperative mandate in the Paris Commune, in the German councils, and in the Zapatistas’ practice of mandar obedeciendo (rule by obeying), in order to consider possible democratic alternatives to representative democracy and the crisis of the nation-state.


Africa ◽  
2020 ◽  
Vol 90 (5) ◽  
pp. 952-971
Author(s):  
Marie-Eve Desrosiers ◽  
Aidan Russell

AbstractThis article reflects on how scholars have engaged with the past and with notions of authority in the African Great Lakes. A dominant ‘presentist’ perspective on the region mobilizes historical knowledge in an uncritical fashion, reducing authority to a set of historical clichés and building on a familiar focus on crises and the state. Bridging history and political science, we propose two concepts to analyse histories of political authority to unsettle presentist biases: trajectories and transactions. To illustrate the contribution these alternative lenses make, we present two historical vignettes. First, we revisit the 1973 coup in Rwanda as an ambiguous trajectory of authority-making and unmaking. Then, we consider languages of praise and petitioning in Burundi in the 1960s, to show how authority is lived, manifested and challenged through local transactional relations.


2014 ◽  
Vol 7 (1) ◽  
pp. 54-81
Author(s):  
Ahmed Al Khamlichi

The term ‘Amir al-Mou'mineen’ (Commander of the Faithful) and ‘caliph’ were first bestowed on Omar Bin al-Khattab who became the successor of the Prophet (Peace be upon him) two-and-a-half years after he passed away. By virtue of the political and religious connotations of the term, the title conveyed overarching political authority – a kind of absolute power. The notion of Commander of the Faithful facilitated oppression of those who held different views, directly or indirectly, through employing fatawa, that is religious interpretations and edicts, in addition to mobilizing religious followers and devotees. This excess of political power is based on the definition of Imarat al-Mu'mineen (Commandment of the Faithful) or the Caliphate common in religious jurisprudence. This definition was coined by Ibn Khaldoun, and may be translated as: ‘making people abide by the view of Shar (the Law of God in Islam) regarding their temporal and afterlife interests’. Morocco has been no different from the rest of the Islamic world over the centuries, and now two distinct phenomena are apparent. First, the emergence of different groups, each with its own ideology and claims to be defending religion and pursuing its implementation. Such groups consider all other ways of thinking as apostasy that must be eliminated; while juxtaposed to them, there exist intellectual currents calling for the continued separation of religion and the state and its laws. During the past two decades this phenomenon has led to tragic situations in a considerable number of Islamic states, whose prospects now seem very gloomy. Second, a tight regulation of state institutions, together with constitutional guarantees of individual rights and freedoms, can prevent the manipulation of the state in the name of religion, and its use for tyranny and the oppression of individuals and minorities, be it in the name of Commandment of the Faithful or any other term. It seems that Morocco is aware of the power of these two phenomena, especially after it faced social unrest in 1992 and 2001, which almost destroyed its stability.


1997 ◽  
Vol 29 (3) ◽  
pp. 359-376 ◽  
Author(s):  
Nathan J. Brown

The Islamic shariʿa is central to Islam in the minds of most Muslims and non-Muslim scholars. In many ways, the centrality of the Islamic shariʿa has increased in recent decades. Yet despite—or perhaps because of—this centrality, the precise, even the general, role of the shariʿa in Islamic societies is the subject of contentious debate among Muslims. Outside of and underlying such debates are more subtle and rarely articulated differences about the meaning of the Islamic shariʿa. In this essay, I will put forward a general intellectual map for those varying meanings. More critically, I will suggest that important shifts in the meaning of the Islamic shariʿa have taken place in the Muslim world, and that these shifts are closely connected to the nature and viability of legal and educational institutions associated with the Islamic shariʿa in the past. As the Islamic shariʿa has become disconnected from these institutions, its meaning has changed in some fundamental ways. Most important, the shariʿa is approached less for its process than for its content. And because the shift in institutions and understanding has received much less attention from Muslims, widespread attempts to re-create older relationships (particularly involving the relationship between the Islamic shariʿa and the state) in fact involve a deepening rather than a counteracting of the transformation in the Islamic shariʿa.


Author(s):  
Jonathan Laurence

This chapter places European governments' relationships with contemporary Muslim communities into historical and theoretical context, by reviewing earlier encounters with new categories of citizens and state-building challenges. For the past two centuries, the religion bureaus of interior ministries across Europe have asserted state authority by structuring and mediating the activities of religious organizations. Against the view that the accommodation of religious communities is the equivalent of “capitulation,” this chapter shows that formal recognition has been the method through which the modern state has historically asserted its authority over new citizen groups. The view that Islam is inherently incompatible with, or otherwise presents an unprecedented challenge to, state authority in western democracies is critically examined.


Author(s):  
VICTOR BURLACHUK

At the end of the twentieth century, questions of a secondary nature suddenly became topical: what do we remember and who owns the memory? Memory as one of the mental characteristics of an individual’s activity is complemented by the concept of collective memory, which requires a different method of analysis than the activity of a separate individual. In the 1970s, a situation arose that gave rise to the so-called "historical politics" or "memory politics." If philosophical studies of memory problems of the 30’s and 40’s of the twentieth century were focused mainly on the peculiarities of perception of the past in the individual and collective consciousness and did not go beyond scientific discussions, then half a century later the situation has changed dramatically. The problem of memory has found its political sound: historians and sociologists, politicians and representatives of the media have entered the discourse on memory. Modern society, including all social, ethnic and family groups, has undergone a profound change in the traditional attitude towards the past, which has been associated with changes in the structure of government. In connection with the discrediting of the Soviet Union, the rapid decline of the Communist Party and its ideology, there was a collapse of Marxism, which provided for a certain model of time and history. The end of the revolutionary idea, a powerful vector that indicated the direction of historical time into the future, inevitably led to a rapid change in perception of the past. Three models of the future, which, according to Pierre Nora, defined the face of the past (the future as a restoration of the past, the future as progress and the future as a revolution) that existed until recently, have now lost their relevance. Today, absolute uncertainty hangs over the future. The inability to predict the future poses certain challenges to the present. The end of any teleology of history imposes on the present a debt of memory. Features of the life of memory, the specifics of its state and functioning directly affect the state of identity, both personal and collective. Distortion of memory, its incorrect work, and its ideological manipulation can give rise to an identity crisis. The memorial phenomenon is a certain political resource in a situation of severe socio-political breaks and changes. In the conditions of the economic crisis and in the absence of a real and clear program for future development, the state often seeks to turn memory into the main element of national consolidation.


Author(s):  
Walter Lowrie ◽  
Alastair Hannay

A small, insignificant-looking intellectual with absurdly long legs, Søren Kierkegaard (1813–1855) was a veritable Hans Christian Andersen caricature of a man. A strange combination of witty cosmopolite and melancholy introvert, he spent years writing under a series of fantastical pseudonyms, lavishing all the splendor of his mind on a seldom-appreciative world. He had a tragic love affair with a young girl, was dominated by an unforgettable Old Testament father, fought a sensational literary duel with a popular satiric magazine, and died in the midst of a violent quarrel with the state church for which he had once studied theology. Yet this iconoclast produced a number of brilliant books that have profoundly influenced modern thought. This classic biography presents a charming and warmly appreciative introduction to the life and work of the great Danish writer. It tells the story of Kierkegaard's emotionally turbulent life with a keen sense of drama and an acute understanding of how his life shaped his thought. The result is a wonderfully informative and entertaining portrait of one of the most important thinkers of the past two centuries.


Author(s):  
حنان ساري ◽  
محمد أبو الليث الخيرآبادي

انتشرت لفظة الحداثة في عصرنا الحالي انتشاراً واسعاً، وأخذت مفهومات متعددة، ونحن لا نراها أكثر من أنها امتداد طبيعي للقلق الأوروبي.وسعى التيار الحداثي لتقديم مشاريع تعتمد كلية على مناهج وآليات غربية في دراستها وتعاملها مع القرآن الكريم والسنة، ولعل أهم الذين تقدموا بتلك المشاريع؛ محمد أركون، عبد المجيد الشرفي التونسي، محمد عابد الجابري، حسن حنفي، نصر حامد أبوزيد، الطيب التيزني السوري، محمد شحرور، جمال البنا وغيرهم، وطالبوا بإعادة قراءة القرآن الكريم على ضوء المناهج النقدية الغربية في عملية التقليد الأعمى، ومن ثم نقلوا التجربة الأوروبية بكل آثارها الفوضوية إلى ساحة الفكر الإسلامي. وإن مدعي تجديد الدين من هؤلاء، ليس لهم صلة بالدين أو علومه، بقدر ما تشبعت أفكارهم بمناهج علمانية، فالمراد من جهودهم ليس الدين، وإنما غرس الحداثة بدل الدين، فهي خطَّةٌ تقوم على التَّغيير من داخل البيت الإسلاميِّ من خلال العبث بالنُّصوص الشَّرعيَّة بتحريفها وتفريغها من محتواها الحقيقيِّ، ووضع المحتوى الذي يريدون؛ فهم يَطرحون أفكارَهم وآراءَهم على أنَّها رؤى إسلاميَّة ناشئة عن الاجتهاد في فهم الدِّين. وقد حَمَلَ هذا الاتجاهُ شعار (التَّحديث والعصرنة للإسلام)؛ فهم يريدون منَّا تركَ ما أَجْمَعَتْ عليه الأُمَّةُ من معاني القرآن والسُّنَّة، لفهم جديد مغاير لفهم السَّلَف الصَّالح يكون متناسبًا مع هذا العصر الذي نعيش فيه. الكلمات المفتاحيّة: الحداثة، أوهام، الحداثيون، قراءة معاصرة، العصرنة للإسلام. Abstract In modern times, the word Modernity has spread widely and has become widely understood, and we see it as a natural extension of European concern and confusion. The Modernist Movement strived to present the ideas that rely completely on Western methodologies and approaches in their study and dealing with Qur’an and Sunnah. The most important scholars that have presented these ideas are; Mohammad Arkoun, ‘Abd Al-Majid Sharafi al-Tunisi, Mohammed ‘Abed al-Jabri, Hassan Hanafi, Nasr Hamid Abu Zayd, Tayyeb Tizini, Muhammad Shahrour, Jamal Al-Banna, and others, they called for a re-reading and reinterpret the Qur’an in the light of Western critical approaches. Then, conveyed and brought the European experience and practice with all its chaotic effects to Islamic thought. The slogan of “Renewal of Religion” from these people has no relation to religion (Islam) or its sources, but instead saturated their ideas with secular methods. They tried to instill modernity rather than religion, and misinterpreted the Islamic sources by distorting it and evacuating it from the true context and setting it with their own understanding. They claim their ideas and opinions as the effort to understand religion and carried the slogan of “Modernization and Modernization of Islam”; they want us to leave the consensus of the Muslim scholars on religious issues (Ijmaa’ al-Ummah) especially relating to the meaning of the Qur’an and Sunnah and bring us to a new views and understanding on religious issues which are contradictory to the views of the past Muslim scholars (al-salaf al-soleh) to fulfill their opinions. Keywords: Modernity, Misunderstanding, Modernists, Contemporary Reading, Modernization of Islam.


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