scholarly journals Penerapan Good Governance di Indonesia dalam Tinjauan Hukum Islam Kontemporer

2017 ◽  
Vol 7 (1) ◽  
pp. 163-187
Author(s):  
Muhammad Solikhudin
Keyword(s):  
Islamic Law ◽  
Good Governance ◽  
Legal Discourse ◽  
The State ◽  
The Other ◽  
Social Culture ◽  
Human Welfare ◽  
Abuse Of Power ◽  
Other Hand ◽  
Available Resources

Abstract: This article analyzes the concept of good governance from the perspective of contemporary thought of Islamic law. Good governance is a new concept in islamic legal discourse, but an important one for preventing abuse of power. Good governance is understood to be applied in government and bureaucracy. Clean government should be effective, efficient, transparent, honest and accountable. This can be executed by using all available resources (human, social, culture, politics and economy) for the welfare of the community. Because of this noble goal, good governance is a must, from the perspective of Islamic law. The effort to realize welfare for the community by the state is in line with Islamic law. On the other hand, there is arguably no corresponding textual references from al-Qur’an or Hadith on the issue of good governance. Therefore the concept of mashlahah mursalah is employed since it highly built upon the accommodation of human welfare as it is the main mission of Islam.  Abstrak: Tulisan ini menguraikan upaya good governance dengan sudut pandang hukum Islam kontemporer. Good governance merupakan gerakan ijtihâdiyyah dalam mewujudkan pemerintahan yang baik untuk menegasikan penyalahgunaan kekuasaan yang terjadi di dunia, khususnya di Indonesia. Good governance diartikan sebagai tata kelola pemerintahan yang bersih dan baik. Pemerintahan yang bersih adalah pemerintahan yang efektif, efisien, transparan, jujur, dan bertanggung jawab, sedangkan pemerintahan yang baik adalah pemerintahan negara yang berkaitan dengan sumber sosial, budaya, politik, serta ekonomi diatur sesuai dengan kekuasaan yang dilaksanakan pada masyarakat. Berdasarkan hukum Islam kontemporer, penerapan good governance di Indonesia harus dilakukan. Metode pencapaian kesejahteraan dalam bernegara dengan berbagai pemasalahan kontemporer yang timbul menyertainya harus disikapi secara hukum. Di sisi lain, secara tekstual, nas-nas syariat tidak menyikapi semua permasalahan yang timbul tersebut secara spesifik, maka mashlahah mursalah dapat dipertimbangkan sebagai salah satu metode ijtihad kontemporer untuk mengakomodasi kemaslahatan manusia dalam penerapan good governance, karena Islam datang sebagai rahmat bagi alam semesta.

KONSTRUKSI ISLAM DALAM KEKUASAAN NEGARA

1970 ◽  
Vol 6 (2) ◽  
Author(s):  
Nurul Aini Musyarofah
Keyword(s):  
Islamic Law ◽  
Social Condition ◽  
The Other ◽  
Good Society ◽  
Ideal Form ◽  
Other Hand ◽  
Islamic Politics ◽  
The Relationship ◽  
The Ideal

The relationship between Islam and state raises a controversy that includes two main groups;formalists and substantialists. Both of them intend to achieve a good social condition which is inaccordance with Islamic politics. The ideal form of good society to be achieved is principallydescribed in the main source of Islamic law, Al Qur’an and As Sunnah, as follows. A form of goodsociety should supprot equality and justice, egalitarianism, and democracy in its social community.The next problem is what the needed methods and instruments to achieve the ideal Islamic politicsare. In this case, the debate on the formalization and substance of Islamic teaching is related to therunning formal political institution.Each group claims itself to be the most representative to the ideal Islam that often leads to anescalating conflict. On the other hand thr arguments of both groups does not reach the wholeMuslims. As a result, the discourse of Islam and state seems to be elitist and political. As a result,Both groups suspect each other each other and try to utilize the controversy on the relationshipbetween Islam and state to get their own benefit which has no relation with the actualization ofIslamic teaching.

The Principles of Zakat and Tax Upon the Time of Rasulullah SAW.

2017 ◽  
Vol 1 (1) ◽  
pp. 90
Author(s):  
Dian Septiandani ◽  
Abd. Shomad
Keyword(s):  
Literature Review ◽  
Economic Thought ◽  
The State ◽  
The Other ◽  
Primary Data ◽  
Other Hand ◽  
Islamic Economic ◽  
General Expense

Zakat is one of principal worship requiring every individual (<em>mukallaf</em>) with considerable property to spend some of the wealth for zakat under several conditions applied within. On the other hand, tax is an obligation assigned to taxpayers and should be deposited into the state based on policies applied, with no direct return as reward, for financing the national general expense. In their development, both zakat and tax had quite attention from Islamic economic thought. Nevertheless, we, at first, wanted to identify the principles of zakat and tax at the time of Rasulullah SAW. Therefore, this study referred to normative research. The primary data was collected through library/document research and the secondary one was collected through literature review by inventorying and collecting textbooks and other documents related to the studied issue.

فلسفة العقوبة في الشريعة الإسلامية والقانون الوضعي عرض وموازنة Exposition and Comparison of the Philosophy of Punishment in Islamic and Positive Laws

2012 ◽  
Vol 9 (1) ◽  
Author(s):  
عبد المجيد قاسم عبد المجيد (Qasim Abdulmajid) ◽  
محمد ليبا (Liba)
Keyword(s):  
Islamic Law ◽  
The Other ◽  
Penal System ◽  
Human Beings ◽  
New School ◽  
Positive Law ◽  
Other Hand ◽  
Philosophy Of Punishment ◽  
Emerging Issues

تناولت هذه الورقة فلسفة العقوبة في الشريعة الإسلامية، وفلسفتها في القانون الوضعي، وتمت الموازنة بين الفلسفتين، وخلص العرض والموازنة إلى نتائج ملخصها أن مسألة عصمة الشريعة وسموها تعد علامة فارقة بين الشريعة الإسلامية والقانون الوضعي، هذه العلامة نتج عنها فروق كثيرة أولها أن العقوبة في التشريع الوضعي تكون تابعةً للهدف، فالهدف يوضع أولاً ثم تصاغ على ضوئه العقوبة، ولذلك كلما ظهرت مدرسةٌ جديدةٌ تؤسس لفكرٍ جديدٍ ظهر اختلافٌ في التشريع العقابي. بينما النظام العقابي الإسلامي ثابتٌ ومعصوم، وقد وُجدت الحاجة إلى معرفة أهدافه وفلسفته ليتسنى السير على مقتضاها فيما يستجد من وقائع، وأن سمو فلسفة العقوبة في الشريعة الإسلامية ينبع من سمو مصدرها، فواضع هذه العقوبات هو خالق البشر. بينما العقوبة في القانون الوضعي تعتمد في فلسفتها على خبرة واضعيها، وهي خبرة محدودة وأحكامها نسبية، لذا كان تطبيق العقوبات الشرعية أجدر حتى وإن لم يُدرَك كنه هذه العقوبات وفلسفتها. الكلمات الرئيسية: فلسفة العقوبة، القانون الإسلامي، القانون الوضعي، التشريع العقابي.******************************In this paper light is shed on the philosophy of punishment in Islamic and positive laws and a comparison between them is accomplished. In brief, the conclusion of the exposition and comparison is that issue of infallibility of SharÊ‘ah and its nobleness are the distinguishing marks between Islamic and positive laws. This led to further differences. The first difference is that the punishment in positive laws is in accordance with the stipulated goal, that is, the goal is set first and then the punishment is formulated in that light. That is why whenever any new school of thought appears based on some ideology, differences emerge in punitive legislation. Islamic penal system is, however, immutable and infallible. There is a need to know its objectives and wisdom so as to in order to tackle new emerging issues. The nobility of the philosophy of punishment in Islamic law stems from the nobility of its source and that is no one but the Creator of human beings. The punishment in the positive law, on the other hand, relies on the philosophy that is based on the experiences of the authors of these laws. And these experiences are limited and their rulings are relativistic. Applying Islamic legal punishments are, therefore, more legitimate, even though their essence and philosophy are not fully grasped.Key words: Philosophy of Punishment, Islamic Law, Positive Law, Punitive Legislation.

scholarly journals Problems of Pathogenesis and Pathogenetic Therapy of COVID-19 from the Perspective of the General Theory of Pathological Systems (General Pathological Processes)

2021 ◽  
Vol 22 (14) ◽  
pp. 7582
Author(s):  
Evgenii Gusev ◽  
Alexey Sarapultsev ◽  
Desheng Hu ◽  
Valeriy Chereshnev
Keyword(s):  
Systemic Inflammation ◽  
Pathological Process ◽  
The State ◽  
The Other ◽  
Low Grade ◽  
Metabolic Dysfunction ◽  
The Metabolic Syndrome ◽  
Other Hand ◽  
Pathogenetic Therapy ◽  
Fundamental Medicine

The COVID-19 pandemic examines not only the state of actual health care but also the state of fundamental medicine in various countries. Pro-inflammatory processes extend far beyond the classical concepts of inflammation. They manifest themselves in a variety of ways, beginning with extreme physiology, then allostasis at low-grade inflammation, and finally the shockogenic phenomenon of “inflammatory systemic microcirculation”. The pathogenetic core of critical situations, including COVID-19, is this phenomenon. Microcirculatory abnormalities, on the other hand, lie at the heart of a specific type of general pathological process known as systemic inflammation (SI). Systemic inflammatory response, cytokine release, cytokine storm, and thrombo-inflammatory syndrome are all terms that refer to different aspects of SI. As a result, the metabolic syndrome model does not adequately reflect the pathophysiology of persistent low-grade systemic inflammation (ChSLGI). Diseases associated with ChSLGI, on the other hand, are risk factors for a severe COVID-19 course. The review examines the role of hypoxia, metabolic dysfunction, scavenger receptors, and pattern-recognition receptors, as well as the processes of the hemophagocytic syndrome, in the systemic alteration and development of SI in COVID-19.

Scribes, Cooks, and Artisans: Breaking Zhou Tradition

Early China ◽  
1995 ◽  
Vol 20 ◽  
pp. 241-277 ◽  
Author(s):  
Constance A. Cook
Keyword(s):  
The State ◽  
The Other ◽  
Political Control ◽  
Other Hand ◽  
Bronze Vessels ◽  
Western Zhou ◽  
The Creation ◽  
Bronze Inscriptions ◽  
Eastern Zhou

Bronze Inscriptions of the Western Zhou period show how ritualists were once dedicated to maintaining the ritual apparatus supporting the divine authority of the royal Zhou lineage. Bronze and bamboo texts of the Eastern Zhou period reveal, on the other hand, that ritualists able to manipulate local rulers reliant on their knowledge subsequently subverted power into their own hands. Ritualists such as scribes, cooks, and artisans were involved in the transmission of Zhou “power” through the creation and use of inscribed bronze vessels during feasts. The expansion and bureaucratization of their roles in the Chu state provided economic and ultimately political control of the state. This was particularly the case as the Chu, like the Zhou before them, fled east to escape western invaders.

The Other Muslim Bans

2020 ◽  
Vol 1 (1) ◽  
pp. 2-38
Author(s):  
Will Smiley
Keyword(s):  
Security Policy ◽  
Islamic Law ◽  
State Level ◽  
The State ◽  
The Other ◽  
State Court ◽  
Court Cases ◽  
State Laws ◽  
Foreign Law ◽  
Muslim Majority

This Article addresses and critiques the case for state-level legislative bans on courts citing “Islamic law” or the law of Muslim-majority countries. In particular, the Article reviews the most substantive evidence adduced by the bans’ supporters, in the form of a set of state court cases published by the Center for Security Policy (CSP). Very few of these cases, in fact, show courts actually applying Islamic or foreign law, and in none of these cases would the various forms of proposed legislation have been likely to alter the result. Thus even this report does not suggest a need for the state laws purporting to ban sharīʿa. The Article thus argues that even if these bans are not unconstitutionally discriminatory in their effect, they are ineffective at achieving their claimed purpose. This Article was originally published as an Occasional Paper in the Harvard Papers in Islamic Law series in 2018.

The Politics and Symbolism of the #ThisFlag in Zimbabwe

2020 ◽  
Vol 42 (1) ◽  
Author(s):  
Tinashe Mawere
Keyword(s):  
State Power ◽  
The State ◽  
The Other ◽  
Productive Capacity ◽  
Discursive Analysis ◽  
Other Hand ◽  
Symbolic Meanings ◽  
Dominant Discourses ◽  
National Flag ◽  
Cultural Tools

In the context of the hashtag movement #ThisFlag, this paper examines the sensual affects drawn from flag symbolism and why the Zimbabwean flag is policed by the state. It uses the symbolism and politics of the hashtag movements by focusing on Evan Mawarire’s national lament and the Zimbabwean flag. It employs a literary and discursive analysis of Mawarire’s lament using desktop research on the contestations surrounding the flag. It shows that in dominant nationalist discourses, the flag is imaged as the land/nation and feminised to warrant it utmost respect, protection, sanctity and re/productive capacity. On the other hand, the #ThisFlag has made use of the flag to resist and subvert grand and naturalised dominant discourses of nationalism and citizenship to foster new imagi/nations of the nation. The use of the flag by the movement provoked ZANU-PF’s ownership of the national flag, which is quite similar to and has been drawn from the flag of the party, hence the movement was challenging the identity of the party, its ownership and its relevance. The paper shows the fluidity of symbols and symbolic meanings and why #ThisFlag had symbolic radical power and the possibilities of using the state’s and ZANU-PF’s cultural tools to challenge ZANU-PF’s hold on national knowledge and power. It contributes to our understanding of both state-power retention and how subaltern voices can uncover the agency of subjects within the very instruments of control incessantly used by dominant regimes.

Between the utopian imaginaries of literature and international law: The question of the insurgent child in international legal discourse and Kris Montañez’s Youth

2021 ◽  
pp. 1-20
Author(s):  
José Duke S. Bagulaya
Keyword(s):  
Civil War ◽  
International Law ◽  
Legal Discourse ◽  
The State ◽  
The Other ◽  
State Of Exception ◽  
Utopian Vision ◽  
The World ◽  
Realistic Representation ◽  
The One

Abstract This article argues that international law and the literature of civil war, specifically the narratives from the Philippine communist insurgency, present two visions of the child. On the one hand, international law constructs a child that is individual and vulnerable, a victim of violence trapped between the contending parties. Hence, the child is a person who needs to be insulated from the brutality of the civil war. On the other hand, the article reads Filipino writer Kris Montañez’s stories as revolutionary tales that present a rational child, a literary resolution of the dilemmas of a minor’s participation in the world’s longest-running communist insurgency. Indeed, the short narratives collected in Kabanbanuagan (Youth) reveal a tension between a minor’s right to resist in the context of the people’s war and the juridical right to be insulated from the violence. As their youthful bodies are thrown into the world of the state of exception, violence forces children to make the choice of active participation in the hostilities by symbolically and literally assuming the roles played by their elders in the narrative. The article concludes that while this narrative resolution appears to offer a realistic representation and closure, what it proffers is actually a utopian vision that is in tension with international law’s own utopian vision of children. Thus, international law and the stories of youth in Kabanbanuagan provide a powerful critique of each other’s utopian visions.

Ascending India–Its State-Capacity Problems and Prospects

2017 ◽  
Author(s):  
Sumit Ganguly ◽  
William R. Thompson
Keyword(s):  
State Capacity ◽  
The State ◽  
The Other ◽  
Military Power ◽  
Extraction Capacity ◽  
Other Hand ◽  
Indian State ◽  
Separatist Movements ◽  
Poor Infrastructure ◽  
Overall Effectiveness

This concluding chapter focuses on India's state-capacity problems and prospects. Its population may become the world's largest, its economy is becoming one of the world's largest, and its military power will probably move along at least a similar upward trajectory. Yet just about everything concerning India is characterized by developmental handicaps of one sort or another. Too many people are poor, infrastructure is lacking, and demands on the state for action to remedy these problems are multiplying. The Indian state, on the other hand, is characterized by a mixture of strengths and weaknesses. It scores high on its democratic attributes but much less so on its overall effectiveness. It has been and continues to be plagued by peripheral insurgencies and separatist movements. Moreover, its extraction capacity has improved but still has a long way to go, given the tasks the state needs to undertake.

scholarly journals ARABIC: تغيير الفتوى بمقتضيات الزمان والمكان

rahatulquloob ◽  
2021 ◽  
pp. 1-13
Author(s):  
Dr. Abdul Wadood Abed ◽  
Dr. Hedayatullah Modaqiq
Keyword(s):  
Islamic Law ◽  
The Other ◽  
Scientific Development ◽  
Spatial Factors ◽  
Other Hand ◽  
Islamic Jurisprudence ◽  
Temporal And Spatial ◽  
The One

Islamic law, by having features in its principles that are fixed and variable, expresses its authority in any situation and time. Of course, this feature reflects the unique legislative miracle of Islam itself. The source of Islamic law is divine and heavenly, so it has always descended directly through the revelation of Allah Almighty, the Lord of the worlds, and has been arranged according to His wisdom and providence and has been considered in the context of time and place according to their nature and needs. Changing of a fatwa is the change of one rule in a specific issue to another one along with a Sharia cause that agrees with the aims and purposes of the Sharia. Therefore, there is no change in the prescribed rules and the fixed principles of Shari, but Ijtihad, Qiyas and expedient rules can be changed; Because there are many rulings that have been permitted for expediency, after the passage of time and the change of place have led to corruption, which again has become impermissible. The rule of fatwa changing has been valid in the Sharia; Because, on the one hand, the Companions and their followers have used it in their ijtihad fatwas, and on the other hand, Islamic jurisprudence is a developmental debate that progresses together with the caravan of life, no awareness of the demands of time, place and scientific development is synonymous with depriving the Islamic Ummah from virtues and facilities of life, so it is necessary that the change of the fatwa has to be compatible to the change of expediencies, otherwise it will lead to corruption and harm. Statement of the problem: The Islamic jurists have divided the Islamic rules into fixed and variable. This means that the prescribed laws, which are in harmony with meek nature, do not accept changes but the rules which are based on ijtihad can be changed. The discussion of changing the fatwa and its temporal and spatial factors is one of the important issues of jurisprudence that scholars have paid attention to and therefore the answer to these two questions is necessary for the researcher whether changing the fatwa is permissible? Are the requirements of time and place effective in its changing?

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