scholarly journals TUJUAN NEGARA DALAM ISLAM MENURUT YUSUF AL-QARADHAWI

Asy-Syari ah ◽  
2019 ◽  
Vol 19 (1) ◽  
pp. 15-36
Author(s):  
Sigit Ridwan Abdullah
Keyword(s):  
Literature Review ◽  
Natural Resources ◽  
Research Result ◽  
The Political ◽  
Islamic State ◽  
Important Goal ◽  
Human Race ◽  
The Earth ◽  
Library Research ◽  
The People

AbstractYusuf al-Qaradawi is one of the figures of so many scholars who contributed to the thinking of the Islamic state. His attention to politics and state is evidenced by the   presence of some of his works such as الإسلام في الدولة فقه من (Fiqh of State in Islamic Perspective),  الشرعية السياسة (Political Sharia), الإسلام مواجهة في العلماني التطرف (Extreme Secular Attitudes towards Islam), وهم لا حقيقة اللإسلامية اللأمة (The Political Unit of Ummah is a Reality). This research tried to review Yusuf al-Qaradawi's view on Islamic state, using descriptive analytical methods and literature review upon the above stated Yusuf al-Qaradawi's books or writings. The research result shows that Islamic state according to Yusuf al-Qaradawi is "a state based on faith and thought." He stated that there are four objectives of Islamic government. Firstly, Islamic Government does not aim to control the nation and its natural resources, but to preserve and protect the people. Secondly, fulfill the mandate from the owner. Thirdly, uphold justice for the human race. Fourthly, strengthen the religion in the earth as the most important goal by establishing faith, hudud and applying the law and its messages.Keywords: Islamic State, State aims, Yusuf al-QaradhawiAbstrakYusuf al-Qaradhawi merupakan salah satu tokoh dari begitu banyak tokoh pemikir yang turut memberikan kontribusi pemikiran tentang negara Islam. Perhatiannya terhadap politik dan kenegaraan terbukti dengan adanya beberapa karya beliau seperti bukuمن فقه الدولة في الإسلام (Fiqih Negara dalam Perspektif Islam), السياسة الشرعية  (Politik Syariah), التطرف العلماني في مواجهة الإسلام (Sikap Sekuler Ekstrim dalam Menghadapi Islam), اللأمة اللإسلامية حقيقة لا وهم (Kesatu­an Politik Ummat Islam adalah Suatu Kenyataan). Penelitian ini menganalisis pandangan Yusuf al-Qaradhawi terhadap negara Islam dengan menggunakan metode deskriptif analitis dalam bentuk library research, terhadap buku-buku atau tulisan lepas Yusuf al-Qaradhawi tersebut di atas. Negara Islam menurut Yusuf al-Qaradhawi adalah “negara yang berlandas­kan akidah dan pemikiran.” Ia menyatakan bahwa ada empat tujuan pemerintah­an Islam yaitu: Pertama, Pemerintahan Islam tidak bertujuan untuk menguasai lahir batin, tetapi untuk memelihara dan melindungi rakyat. Kedua, menunaikan amanat kepada pemiliknya. Ketiga, menegakan keadilan bagi ummat manusia. Keempat, mengo­koh­kan agama di muka bumi sebagai tujuan yang paling utama dengan menanam­­kan akidah, hudud dan mengaplikasikan hukum dan pesan-pesan­nya.Kata kunci: Negara Islam, tujuan negara, Yusuf al-Qaradhawi

scholarly journals Islam's Attitude towards Democracy Comparative Study in International Human Rights Law

2016 ◽  
Vol 9 (1) ◽  
pp. 73
Author(s):  
Suhail Hussein Al-Fatlawi
Keyword(s):  
Legal System ◽  
Liberal Democracy ◽  
Fifth Century ◽  
The Political ◽  
Islamic State ◽  
International Human Rights Law ◽  
Legislative Authority ◽  
The People ◽  
History Of ◽  
Muslim Scholars

<p>Democracy was established in the Greek cities in the fifth century B.C. It is a liberal western system. In this regard, various Islamic countries applied democracy as a political and legal system where the people elect their representatives in the legislative authority in order to put the legal regulations that organize the human behavior.</p>The research included a brief idea about liberal democracy, its history and objectives, the political and legal system in the Islamic state, the dispute among Muslim scholars on the application of democracy in the Islamic states; some Muslim scholars refuse to apply democracy since the legal system in Islam relies on the Holly Qor'an and the Prophet's speeches, which are a biding regulation for Muslims, while other authors believe that Islam accepts democracy and others think that Islam should have its special democracy that differs from the liberal democracy. This paper discussed the political and legal systems that were applied the Islamic state during the history of Islam. Finally the paper presented the most conclusions and recommendations reached by the researcher.

The Development and Formation of International Law

1912 ◽  
Vol 6 (1) ◽  
pp. 1-29 ◽  
Author(s):  
Ernest Nys
Keyword(s):  
International Law ◽  
The Political ◽  
Human Reason ◽  
The Earth ◽  
The People ◽  
The Subject ◽  
The Republic ◽  
Civil Laws

“Law in general,” says Montesquieu, “is human reason so far as it controls all the people of the earth, and the political and civil laws of each nation can only be considered as individual cases in which this human reason is applied.” Reason was held by the Romans to constitute one of the fundamental elements of law. Cicero announced the existence of “a veritable law, true reason (recta ratio), in conformity with nature, universal, immutable and eternal, the commands of which constitute a call to duty and the prohibitions of which avert evil.”It is at present unnecessary to consider what influence the Stoic, Academic and Epicurean doctrines had on Roman jurisprudence, and it would be risky to support as absolutely final any view which might be expressed on the subject. During the last phases of the Republic there had already come to exist in the world’s capital a fusion of the different schools of philosophy; and traces of the Platonic teachings constantly appear in the expression of the great orator’s lofty thought.

scholarly journals Politik Hukum Pengelolaan Sumber Daya Alam Menurut Pasal 33 UUD 1945

2016 ◽  
Vol 13 (1) ◽  
pp. 195
Author(s):  
Irfan Nur Rachman
Keyword(s):  
Human Resources ◽  
Natural Resources ◽  
Capital Investment ◽  
Foreign Capital ◽  
Public Welfare ◽  
The Political ◽  
State Budget ◽  
Resources Management ◽  
The People ◽  
Forestry Sector

Indonesia which is located in southeastern asia has a lot of natural resources. This situation has made indonesia was one of the purpose of foreign capital investment especially the mining sector, besides the forestry sector, and water resources management. It was because the lack of our country in managing the source of natural resources, good of the aspect of capital, aspects human resources, and facets technology. As a result of natural resources that we have not can be used to welfare of the people maximally.Ironically, our country having of natural resources, but contributed the most to state budget (APBN) not from the results of the management of natural resources, but of tax sector. Hence in managing natural resources in indonesia need to consider article 33 constitution 1945 containing the political legal in the management of natural resources, so the purpose of natural resources to public welfare can be achieved maximally.

scholarly journals Attaining Oil and Gas Sovereignty by Forming Indonesia Incorporate Businesses

2020 ◽  
Vol 4 (1) ◽  
pp. 23
Author(s):  
Yoga Partamayasa ◽  
Rafiqi Anjasmara
Keyword(s):  
Natural Resources ◽  
Oil And Gas ◽  
Legal Reform ◽  
The State ◽  
High Income ◽  
The Other ◽  
The Earth ◽  
Other Hand ◽  
The People ◽  
Very High

<p>Oil and gas are non-renewable types of natural resources. On the other hand, in the current era human dependence on oil and gas is very high. To meet Indonesia's national needs for natural resources, Article 33 of the Indonesian Constitution has mandated that "the earth, water and natural resources contained therein be controlled by the state for the greatest prosperity of the people." But in its development the distribution of welfare over natural resources, especially oil and gas, has not been able to be well distributed in Indonesia. The "Jakarta Sentris" concept is still the basis for distributing natural resources, especially oil and gas. This makes regions that are rich in natural resources not necessarily have prosperous people and not necessarily high-income areas. Therefore, legal reform is needed in the field of oil and gas management by regions in Indonesia.</p>

scholarly journals SOCIAL PROTEST MOVEMENT ISLAMIC LAW PERSPECTIVE (Critical Study of the Protest Phenomenon in Indonesia)

2021 ◽  
Vol 9 (2) ◽  
pp. 211
Author(s):  
Abdul Harris Abbas ◽  
Hasyim Aidid ◽  
Musafir Pabbabari ◽  
Marilang Marilang
Keyword(s):  
Islamic Law ◽  
Freedom Of Expression ◽  
Social Protest ◽  
Islamic State ◽  
Protest Movement ◽  
Sociological Approach ◽  
The Earth ◽  
Library Research ◽  
The Social ◽  
The Law

This study formulates three problems which include: (1) The principles of the social protest movement from the perspective of Islamic law; (2) Methods and techniques for conducting demonstrations from the perspective of Islamic law; (3) The social impact of demonstrations in Indonesia from the perspective of Islamic law. This study uses a qualitative method (descriptive-analytic). Based on the data source is library research (library research). The approach used is the sociological approach of Islamic law and the siyasah fiqh approach. In the perspective of scientific studies, these two approaches are used to understand the phenomenon of demonstrations in Indonesia based on legal arguments contained in the Qur'an and Hadith, the opinions of fuqaha' and opinions that develop (ijitahad) at a time in life. Muslims. Meanwhile, from a methodological perspective, these two approaches are used to provide an interpretation of the methodology of Islamic law on the concept and practice of demonstrations based on social movement theory and Islamic political theory. The results of this study found that: The principles of the Islamic social protest movement are built on the doctrine of rights and obligations between the people and the rulers in an Islamic state which include: the principle of hisbah; The principle of freedom of expression; The principle of deliberation; and constitutional principles. Based on the method of carrying out the demonstration, there are 2 methods, namely the exclusive method and the inclusive method. Based on the technique of holding demonstrations, there are 3 levels, namely: (1) demonstrations with the ability and strength of the masses; (2) demonstration with verbal ability and strength; (3) protest with the ability of the heart. Through the istislahi approach, that Islamic law strongly condemns all demonstration activities that cause harm to religion, soul, mind, descendants and property. On the other hand, he strongly supports all demonstration activities that uphold the five maintenances (Maqasid al-khamsah). That demonstrations are not at all motivated by passion or personal tendencies, let alone to cause damage to the earth. It is an obligation not just an appeal for those who can afford it. The law is fardu kifayah. Turning away from that obligation is the same as carrying oneself That demonstrations are not at all motivated by passion or personal tendencies, let alone to cause damage to the earth. It is an obligation not just an appeal for those who can afford it. The law is fardu kifayah. Turning away from that obligation is the same as carrying oneself That demonstrations are not at all motivated by passion or personal tendencies, let alone to cause damage to the earth. It is an obligation not just an appeal for those who can afford it. The law is fardu kifayah. Turning away from that obligation is the same as carrying oneself.

scholarly journals Impact of Military Actions on Sustainable Development in Iraq

2016 ◽  
Vol 4 (2) ◽  
pp. 351
Author(s):  
Ibraheem M . Aliyas
Keyword(s):  
Sustainable Development ◽  
Natural Resources ◽  
Agricultural Production ◽  
Natural Habitat ◽  
Red Cross ◽  
Earth Surface ◽  
The Earth ◽  
The People ◽  
Soil Water Resources ◽  
The Military

<em>The military actions in Iraq most challenge influenced to each life types especially on sustainable development which representing by environment such as (biosphere ;soil, water resources &amp; air) ,social and economic,  spawned the negatively traces for all sectors  of sustainable development , in particular including: murder ,destruction of infrastructure, agricultural production, biodiversity, industrial production, education, health, and others. Where occurred three wars; 1980, 1991 and 2003. Until now Iraq suffers from their impacts, where protection of sustainable development could be strategic necessity today's. Human who lives above the Earth is main reason in impact on the environment whether by the reason war or Irrationally use of natural resources which produce; pollution, smoke, waste, and epidemics .There is no doubt that the environment is a natural habitat for all human activities so events current on the earth surface, therefore unaffected and affect them, just the human living in healthy lives atmosphere where causes of varying degrees from effects on the environment. Our research is trying to find out how the in fact that environmental pollution by the reason of war hampering sustainable development and threatening the lives of Population, in order to reach this goal, included this   research ;sociological , environmental,ecnomic security for the people of Iraq.   caused unrest killed more than 85,000 civilians in 2007, estimated the number of refugees 4.7 million (about 16% of Iraq's population) in April 2008, and two million Iraqis have fled to neighboring countries, they are now according to the International Red Cross and the statements in the humanitarian situation bad, as the number of people killed during the war were 1.3 million people and in the month of August 2008 Iraq took fifth in unstable countries index.</em>

scholarly journals Contours of India - Nepal Relationship and Trans-Boundary Rivers Water Disputes

2016 ◽  
Vol 1 (1) ◽  
pp. 1-16 ◽  
Author(s):  
Amit Ranjan
Keyword(s):  
Natural Resources ◽  
Geographical Location ◽  
Epistemic Community ◽  
The Political ◽  
Water Sharing ◽  
Transboundary River ◽  
The People ◽  
Catchment Areas ◽  
Administrative Unit ◽  
Water Treaties

India and Nepal share about 1800 square kilometres of porous border, inhabit the majority of their members from the same religious group and have symbiotic interdependent on each other; yet they are engaged into disputes over many issues. It is always alleged by Nepal that India does not consider it as a sovereign country rather as one of its own administrative unit. The basis of this allegation is behaviour of Indian establishment and its epistemic community towards Nepal. The political tensions between the two countries have kept on surfacing at intermittent period and have influenced the water sharing arrangements between the two countries. Nepal alleges that as a powerful country, India exploits Nepal’s natural resources for its own benefit. As a result many of the transboundary river water treaties have not been activated, some have been sternly opposed by the people from the catchment areas, and a few’s future is hanging in the air. To overcome these problems and its dependency on India, many times Nepal has invited other countries to develop its hydropower sector. Amidst all existing differences the two countries share inextricable relationship because of geographical location and shared primordial identity.

scholarly journals Islamic Utopianism and Political Reality: Ali Hasjmy Reconsidered

2021 ◽  
Vol 22 (1) ◽  
pp. 103
Author(s):  
Marhaban Marhaban
Keyword(s):  
Political Philosophy ◽  
The State ◽  
The Political ◽  
Islamic State ◽  
Political Reality ◽  
The People ◽  
Islamic Values ◽  
The Ideal

This article describes the political philosophy of Ali Hasjmy in formulating the ideal Islamic state. Hasjmy is an intellectual who has produced many works in the topics of politics, literature, and culture that are very useful for the progress and welfare of the Acehnese people and the Indonesian nation in general. The main source of this research is the work and writings of Hasjmy which are directly oriented to politics and the concept of the state. By using analytical content, this article shows several premises on Hasjmy’s utopian visions, which are; First, Muslims should not be anti-politics due to its important in achieving the benefit of the people; Second, the existence of a Islamic state as mandatory; Third, an Islamic state does not have to exist constitutionally but what must exist as Islamic values in a state; Fourth, the importance of obeying the leader; Fifth, every official or government element is responsible for exercising power.

scholarly journals Covid-19 dalam Perjalanan Akhir Zaman: Sebab, Dampak dan Anjuran Syariat dalam Menghadapinya

2020 ◽  
Vol 1 (2) ◽  
pp. 137-155
Author(s):  
Mukran H. Usman ◽  
Aswar Aswar ◽  
Zulfiah Sam
Keyword(s):  
Literature Review ◽  
Research Method ◽  
Human Life ◽  
Human Being ◽  
Islamic Country ◽  
The Earth ◽  
Library Research ◽  
Or Groups ◽  
The World ◽  
The City

Rasulullah saw. had informed muslims about the occurrences that will befall mankind on their way to the end of time, including the evil disasters that will hit the earth, kill, and destroy the human being. As a muslim, there is no word except that we believe in the occurrences and phases of the journey towards the end of the time. This study aimed to explain one of the occurrences of the journey towards the end of time that befall the world and mankind today, which is one of the deadly infectious outbreaks so-called coronavirus or covid-19, which has destroyed many people, imprisoned people in cities and countries, and caused various disasters and havocs as the result of the outbreak. The research method used was library research which was through a literature review related to the research. The results showed that the information of the journey towards the end of time would appear one by one in the range of human life, how they live, so thus Allah swt. shows them the meaning of the age they lived in. The worse human life is, the more Allah swt. show the badness of that era to the point where it is rampant engulfing the world and mankind, even though among those times are pious people, whether in an Islamic country or groups. Muslims are encouraged to follow the Shari'a when an epidemic strikes a country, namely: 1) not entering a country affected by disaster; 2) close the container where the water is; 3) pray a lot and recite; and 4) living in the city of Medina; stay indoors. Finally, the effects of the plague at the end of time are: 1) the number of sudden deaths; and 2) humans are isolated.

scholarly journals Penguasaan Negara terhadap Pemanfaatan Sumber Daya Alam Ruang Angkasa Menurut Undang-Undang Dasar Negara Republik Indonesia Tahun 1945

2019 ◽  
Vol 16 (2) ◽  
pp. 235
Author(s):  
Athari Farhani ◽  
Ibnu Sina Chandranegara
Keyword(s):  
Natural Resources ◽  
Natural Resource ◽  
Outer Space ◽  
Secondary Data ◽  
The State ◽  
Research Issues ◽  
Library Research ◽  
The People ◽  
The Republic ◽  
International Conventions

Pasca amandemen UUD Negara Republik Indonesia 1945 Pasal 33 ayat (3) yang berbunyi “Bumi, air dan kekayaan yang terkandung di dalamnya dikuasai oleh negara dan dipergunakan sebesar-besarnya bagi kemakmuran rakyat” penguasaan negara yang ada dalam Pasal 33 ayat (3) tersebut hanya mengatur pada bumi, air dan yang terkandung di dalamnya. Padahal saat ini keberadaan ruang angkasa berhubungan erat dengan hajat hidup orang banyak, salah satunya pemanfaatan GSO (geo stationary orbit) yang merupakan sumber daya alam terbatas. Sehingga hal tersebut menimbulkan masalah baru khususnya bagi Indonesia sebagai negara khatulistiwa yang mana penempatan GSO berada di atasnya. Masalah tersebut adalah bagaimana internalisasi terkait konsep penguasaan negara menurut Pasal 33 ayat (3) UUD NRI 1945 terhadap pemanfaatan sumber daya alam yang ada dalam wilayah ruang angkasa, serta bagaimana regulasi-regulasi yang mengatur terkait pemanfaatan sumber daya alam di wilayah ruang angkasa apakah sudah sesuai dipergunakan sebesar-besarnya bagi kemakmuran rakyat. Dalam penelitian ini digunakan metode penelitian analisis kualitatif. Hasil dari penelitian ini memberikan gambaran bahwa keberadaan ruang angkasa memiliki peranan penting bagi setiap negara, khususnya keberadaan GSO sebagai sumber daya alam terbatas, keberadan GSO hanya ada di atas khatulistiwa dan Indonesia salah satu negara yang dilalui garis khatulistiwa. Beragam konvensi internasional yang telah disahkan ke dalam peraturan di Indonesia maupun regulasi yang ada di Indonesia berkenaan dengan pemanfaatan ruang angkasa sampai saat ini belum memberikan manfaat dan pengaturan yang komprehensif terkait memanfaatkan sumber daya alam yang terkandung dalam wilayah ruang angkasa tersebut, sehingga menjadi suatu keharusan bagi Indonesia sebagai negara yang berdaulat untuk memberikan jaminan secara konstitusional bagi keberadaan sumber daya alam yang ada dalam wilayah ruang angkasa untuk dipergunakan sebesar-besarnya bagi kemakmuran rakyat.After the amendment to the 1945 Constitution of the Republic of Indonesia Article 33 paragraph (3) that stated "The land, the water and the natural resources within shall be under the powers of the State and shall be used to the greatest benefit of the people" the state authorities in Article 33 paragraph (3) only regulates earth, water and and the natural resources within. Whereas today, the existence of the outer space is closely associated with the lives of many people, as such, the utilization of GSO (Geostationary Orbit) which is a limited natural resource. So that it rises new issues, especially for Indonesia as an equatorial country where the placement of GSOs is above it. The problem is how to internalization the utilization of natural resources in outer space (related to the concept of state authorities according to Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia), and how the regulation that regulates the utilitazion of natural resources in outer space are appropriately used to the greatest benefit of the people. This study aims to answer these two issuess by investigating normatively or library research. This law research conducted by analyzing secondary data from primary, secondary and tertiary materials. In this qualitative analysis research, the secondary data from primary, secondary and tertiary materials connected to each other and interpreted in order to find answers to solve the research issues. The results of this study provide an overview about the existence of outer space which has an important role for every country, especially the existence of the GSO as a limited natural resource. GSO only exists above the equator and Indonesia is one of the countries which is passed by the equator. International conventions that have been ratified into Indonesian regulations and regulations in Indonesia relating to the utilization of outer space have not provided a comprehensive benefits and regulations related to utilizing natural resources contained in these outer space areas, so that it becomes a necessity for Indonesia as a sovereign country to provide constitutional guarantees for the existence of natural resources that exist in the outer space to be used as much as possible for the prosperity of the people.

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