scholarly journals Maqasid al-shariah: suatu kajian terhadap ijtihad Ali ibn Abi Thalib

2012 ◽  
Vol 12 (1) ◽  
pp. 21
Author(s):  
Eficandra Eficandra
Keyword(s):  
Public Good ◽  
Islamic Law ◽  
Human Life ◽  
The Other ◽  
The Public ◽  
Other Hand ◽  
Good For ◽  
Life On Earth ◽  
Goals And Objectives

Ijtihad conducted by Ali ibn Abi Talib continuously to understand in depth the purpose of Islamic law and reason for its implementation, and to realize maslahah (the public good) for human life on earth. This Ijtihad was always supported by nas the Qur’an’s and Sunnah’s text) and also according to the spirit of Shari’ah. The results of Ali’s ijtihad if linked with the approach and application of maqasid al-shari’ah (the goals and objectives of Islamic law) as the study of usul al-fikih (the methodology of Islamic law) had many similarities. In another sense, Ali ibn Abi Talib was really smart to understand and apply maqasid al-shari’ah in the five types of maslahah, namely faith or religion, life or human self, intellect, lineage or posterity, and property or wealth. Likewise, in the application of the five maslahah, levels and priorities in the form daruriyyat (the essential benefits), hajiyyat (the complementary benefits), and tahsiniyyat (the embellishment benefits) was always be considered by him. On the other hand, if there was a clash between one maslahah with another maslahah, Ali ibn Abi Talib solved it by consideration of the level and priority in the implementation of mas}lah}ah to be realized.

Myths as errors and inventions: the shadow of tradition in pa praxis

2018 ◽  
Vol 21 (3) ◽  
pp. 158-170
Author(s):  
Ricardo Schmukler
Keyword(s):  
Public Good ◽  
Design Methodology ◽  
Life Experience ◽  
Human Life ◽  
Public Domain ◽  
The Other ◽  
Administrative State ◽  
Content Type ◽  
The Public

Purpose The purpose of this paper is to discuss the impossible segregation of founding myths from any actual understanding of life in common, the public good and PA theorizing. The notion of shadow as used by Robert Denhardt to designate the “other side” of rational motives in organizing fits well with the approach to PA myths here intended, in consonance with the theme of unity in apparent opposites and the “intensely meaningful acts of heroes and heroines” (Denhardt, 1981, p. xii). Finally, the questionable opposition between logos and myth will be reviewed along the discussion of the sacred and the secret in PA tradition. Design/methodology/approach The author examines PA myths and discusses conjectures and explanations. Findings PA founding myths are not false believes or illusionary entities but genuine precursors and effective backstage arrangers of theory and praxis. The processes of languaging, musicking and organizing, basic human traits and fundamental events for human life to occur and get structured as it does, cannot prescind from them. Myths are intertwined with reasons and desires, inseparable, coexisting in the unified and pluriversal forms of doing, knowing and valuing that configure human life. Nothing different corresponds to PA and its myths as key components of the processes of thought, action and judgment that constitute the public domain. Originality/value PA myths persist not only through the ages of the administrative state but through the transformations of thoughts also occurred in each theorist’s own life experience. At different times, situations and conditions all of us – the author guess – have addressed this or that PA myth for motives worth deserving the reiterated discussion. It was never the same discussion; it could not have been, it is not, and it will not ever be.

scholarly journals Sharing the Role of Peace

Al-Albab ◽  
2017 ◽  
Vol 6 (1) ◽  
pp. 151
Author(s):  
Andry Fitriyanto
Keyword(s):  
Human Life ◽  
The Other ◽  
Philosophical Study ◽  
Other Hand ◽  
Peace And Conflict ◽  
Book Sharing ◽  
Life On Earth

Eka Hendry Ar., Sharing the Role of Peace. Pontianak: IAIN Pontianak Press, 2016 The tragedy of Habil’s death in the hands of Qabil shows that from the very beginning of human life on earth, it has been filled by conflict. It is a necessity in our lives. Just like crime and good, peace and conflict are also two things that continue to fill the human life. Then, can we materialize true peace where there is no conflict in it? This book, Sharing Role of Peace begins with a very philosophical study. It is like inviting the reader to reflect again on the meaning of peace and conflict. Both are a paradox. In contrast to each other, but they need each other. Conflict is caused by the realization of a peace which requires the non-existence of conflict. If there is a conflict, then peace will be gone. But on the other hand, they also need each other. Peace requires conflict as a driver of change for the better. Conflict requires peace as the ultimate goal.

scholarly journals Korupsi Versus Hibah dan Hadiah

Al-Mizan ◽  
2020 ◽  
Vol 16 (2) ◽  
pp. 349-374
Author(s):  
Muhammad Gazali Rahman
Keyword(s):  
Islamic Law ◽  
Human Life ◽  
Qualitative Approach ◽  
Point Of View ◽  
The Other ◽  
Other Hand ◽  
Library Research

This study discusses the issue of corruption that occurs in human life. However, the problem is how the grants and gifts given to certain parties are categorized as corruption. This research is library research which is analyzed with a qualitative approach with national law and Islamic law perspectives. The results showed that from the point of view of Islamic law, people's insights were very limited to the issue of bribes and rewards. Some people think that bribery is not a crime, but only a small mistake. Some others, even so, that bribes are forbidden, but they do not care about the prohibition, let alone because they get the benefits. On the other hand, society perceives the bribe as a gift or a token of gratitude. Some even think of it as money for the help someone has given, so they don't feel it as a mistake or even a crime.

scholarly journals NIKAH SIRRI; PRESPEKTIF HUKUM ISLAM DAN HUKUM PERKAWINAN NASIONAL

2013 ◽  
Vol 12 (1) ◽  
pp. 43
Author(s):  
Masturiyah Masturiyah
Keyword(s):  
Islamic Law ◽  
Civil Law ◽  
The Other ◽  
Marriage Law ◽  
Negative Effects ◽  
The Public ◽  
Other Hand ◽  
Marriage Record ◽  
Women And Children ◽  
The Law

In Indonesian society, marriage has legal dualism. Namely, marriage (which) should  be listed in the Religious Affairs Office (KUA) and the marriages were not recorded (Sirri marriage). In fact, if we examine more seriously, many Sirri marriages cause harm especially, on the part of women and children. And in fact, not the least negative effects caused by Sirri marriage. This paper discusses sirri marriage in the perspective of Islamic law and the National Marriage Law. Because sirri marriage not stated explicitly in both the Qur’an and hadith, hence, to determine the law (istinbat al-hukmi), jurists of Islamic law (in this case) do ijtihad whereby sirri marriage is categorized as al maslahat al murasalah, which refers to the maqasid al-shari’ah.  However, sirri marriage is actually problematic for several reasons. First, sirri marriage is not part of prophetic tradition. Because, the Prophet advocates and implements wedding party (walimah al-’Ursy) with aim to proclaim marriage to the public (i’lanun nikah). On the other hand, the recording of the marriage is the leader commands (Ulil Amri). Meanwhile, Allah and the Prophet ordered to obey the leader (Amri Ulil). Since the recording of the marriage will benefit Muslims (maslahah), then Muslims should stay away from harm (mudharat). Second, sirri marriage is not in accordance with the national law of marriage, because the point ‘marriage record’ does not exist in the concept of sirri marriage. Whereas, marriage registration set forth in Article 2, paragraph 2 of Law marriage, no. 1 of 1974 and article 2, paragraph 1, 2, 3 of Law no. 9 of 1975, the Code of Civil Law (KUHP) and the Compilation of Islamic Law (KHI).

scholarly journals REFORMULASI PEMANFAATAN BARANG GADAI PERSPEKTIF HUKUM ISLAM

2016 ◽  
Vol 10 (2) ◽  
pp. 313-328
Author(s):  
Abdul Wasik ◽  
Imam Fawaid
Keyword(s):  
Social Interaction ◽  
Islamic Law ◽  
The Other ◽  
Middle Ground ◽  
The Public ◽  
Other Hand

Pawnshop’s motto is to solve the problem without any problems that should be upheld as a form of social interaction in the field of Muamalah.But the reality in the society,mortgageis at issue by priests of Islamic sects because that is opposed the concept of Islam that has been previously codified. On the other hand, some scholars of Islam say that Mortgagor(Murtahin)have no right to exploit and use thegoodsthat pawned, and on the other handthere is the process of massive poverty in the society, especially forPledgor (Rohin). Therefore, the middle ground in this issue is the changing mindset of the public in understanding the meaning and the purpose ofmortgage and reformulate that utilization in accordance with Islamic law

Ser Humano Desalojado

2012 ◽  
Vol 20 (40) ◽  
pp. 57-68
Author(s):  
Nuno Pereira Castanheira ◽  
Keyword(s):  
United Nations ◽  
Human Life ◽  
Human Existence ◽  
Ecological Crisis ◽  
The Other ◽  
Human Intervention ◽  
Other Hand ◽  
Dead End ◽  
The World ◽  
Life On Earth

According to the United Nations, human intervention in nature set loose a series of transformations on the Earth’s ecosystems, resulting in a serious disruption of their natural balance. Some of these changes are irreversible and threaten all life on Earth, human life included. On the other hand, the world’s sociopolitical situation also seems to have reached a dead end, with millions of people living in poverty, unemployed, undernourished, and on flight from conflict. The purpose of this paper is to show how Hannah Arendt’s thought on beginnings, crisis, understanding, meaning and human existence can illuminate and inspire an attempt to retrace the origins of this “ecological” crisis, understood as the human being’s inability to be at home in the world.

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.

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.

State of Fashion: Searching for the New Luxury

APRIA Journal ◽  
2020 ◽  
Vol 1 (1) ◽  
pp. 11-16
Author(s):  
José Teunissen
Keyword(s):  
Twentieth Century ◽  
Daily Life ◽  
Life Cycles ◽  
The Other ◽  
Century Model ◽  
Cocktail Party ◽  
The Public ◽  
Other Hand ◽  
The One

In the last few years, it has often been said that the current fashion system is outdated, still operating by a twentieth-century model that celebrates the individualism of the 'star designer'. In I- D, Sarah Mower recently stated that for the last twenty years, fashion has been at a cocktail party and has completely lost any connection with the public and daily life. On the one hand, designers and big brands experience the enormous pressure to produce new collections at an ever higher pace, leaving less room for reflection, contemplation, and innovation. On the other hand, there is the continuous race to produce at even lower costs and implement more rapid life cycles, resulting in disastrous consequences for society and the environment.

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.

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