scholarly journals Poligami di Indonesia dalam perspektif CEDAW dan mazhab Shafi’i

2017 ◽  
Vol 17 (1) ◽  
pp. 61
Author(s):  
Qurrotul Ainiyah
Keyword(s):  
Gender Equality ◽  
Islamic Law ◽  
Religious Texts ◽  
Single Person ◽  
The World ◽  
The Law ◽  
The Mind

Convention on the Elimination of All Forms of Discrimination against Women or CEDAW’s paradigm ofthought is gender equality, women should be given rights as men in principles and rights in marriageincluding marriage approval, marriage dismissal, marriage guardian, and so on. Discrimination is anattitude that opposite of justice and must be eliminated. The source of the CEDAW’s concept paradigmof thought is mind, lustand feeling, and then the concept of CEDAW considered rational andMaslahah (good) enough. The Shafi’i paradigm is guiding the mind and heart based on religious texts.The religious prohibition have Madharat in the world and in the after life. If the world have not seen theMadharat, it will be feltin the after life. The Maslahah principle in CEDAW included al-Maslahah al-Mulghah, as it is contrary enough to the teachings of Islamic law contained in religious texts. In fact, anylaw that is contrary to Islamic law governed by religious texts is not Maslahah but Madharat and shouldbe abandoned even it is logical and good enough by the reason of thought. CEDAW uses Nash’sGuidelines that understand the Qur’an verse by considering Siyaq al-Kalam, so it interprets ‘fair’bythough of mindor in love and affection. Polygamy will no longer mu’asharah bi al-ma’ruf by causing thesuffering of wives. With the Sad al-Dhari’ah consideration, it will change the polygamy law from allowedor mubah to haram lighoirihi. Shafi’i madhhab uses the dalalah ‘ibarah’ which understands the Qur’anverse without considering siyaq al-kalam. The law of Haram li ghairihi on the permissibility of Polygamybased on Sad al-Dhari’ah is not applicable generally, and means that polygamy can not be judged as haramli ghairihi but keep see the conditions with the consideration of the single person condition.

Maxims

2019 ◽  
pp. 654-669
Author(s):  
Donald R. Davis
Keyword(s):  
Islamic Law ◽  
Legal Interpretation ◽  
Legal Practice ◽  
Moral Foundation ◽  
Legal Principles ◽  
Legal Traditions ◽  
The World ◽  
The Law

This chapter examines the history and use of maxims in legal traditions from several areas of the world. A comparison of legal maxims in Roman, Hindu, Jewish, and Islamic law shows that maxims function both as a basic tools for legal interpretation and as distillations of substantive legal principles applicable to many cases. Maxims are characterized by their unquestionable character, even though it is often easy to demonstrate contradictions between them. As a result, legal maxims seem linked to the recurrent desire for law to have a moral foundation. Although maxims have lost their purchase in most contemporary jurisprudence and legal practice, categories such as “canons of construction,” “legal principles,” and “super precedents” all show similarities to the brief and limited collections of maxims in older legal traditions. The search for core ideas underlying the law thus continues under different names.

scholarly journals Let Me Tell You a Story

Daedalus ◽  
2020 ◽  
Vol 149 (4) ◽  
pp. 207-233
Author(s):  
Antonio Oposa
Keyword(s):  
The Philippines ◽  
Environmental Crime ◽  
The World ◽  
The Law ◽  
Law And Science ◽  
The Mind ◽  
Climate Crisis

I've spent my time caring for the Life-sources of Land, Air, and Waters – the LAW of Life. It began by being touched by the Sea and the story of my mariner grandfather. It went on to raids to fight environmental crime syndicates in the Philippines and on to the court of law. The Court is a good venue to light a STAR: to tell a Story, put the issues on the Table for orderly discussion, spark Action, and arrive at a Resolution. I founded the SEA Camp (Sea and Earth Advocates) to train children to care for the Sea and Earth and, later, founded the School of the SEA. Twice – in 2008 and in 2013-I saw the School erased by an extraordinary typhoon, a foretaste of the climate crisis. I've realized that when you use the law and science to change the mind, it can change tomorrow. But when you change the heart, it is forever. In the midst of the ongoing climate and COVID-19 crises, I believe that we can change the story of the world if we change the storyline. “The seeds of goodness live in the soil of appreciation for goodness.”

scholarly journals TEORI KEADILAN DALAM PERSPEKTIF FILSAFAT HUKUM DAN ISLAM

2018 ◽  
Vol 14 (2) ◽  
pp. 27-44
Author(s):  
Muhammad Kurniawan Budi Wibowo
Keyword(s):  
Social Justice ◽  
Islamic Law ◽  
Human Life ◽  
General Concept ◽  
Legal Philosophy ◽  
Human Interest ◽  
Theory Of Justice ◽  
Divine Justice ◽  
The World ◽  
The Law

The existence of Islamic law in the world is to regulate human life, both as a person and as a member of society in order to behave according to the wishes of the Creator. This is different from the general concept of law which is only intended to regulate human life as members of society or in other word the law exists because of the conflict of human interest. Among the problems in the philosophy of Islamic law, the most frequent discourse is about the issue of justice in relation to the law. This is because the law or regulation must be fair, but in fact it is often not. This paper will describe this issue of justice from the perspective of legal philosophy and Islam. In the perspective of legal philosophy, the author will only parse the theory of justice Aristotle and John Rawl. Whereas in the perspective of Islamic legal philosophy, the author will parse the theory of the Muktazilah and Asyariyah divine justice, and the Islamic Maqasyid Theory as the ideals of Islamic legal social justice.

scholarly journals اسلامی تصورِ احتساب اور عدلیہ پر اس کا اطلاق

Al-Duhaa ◽  
2021 ◽  
Vol 2 (02) ◽  
pp. 67-80
Author(s):  
Kh. Awais Ahmed Khawaja ◽  
Muhammad Arif Khan ◽  
Dr.Uzma Begum
Keyword(s):  
Significant Role ◽  
Islamic Law ◽  
The State ◽  
Islamic History ◽  
The Past ◽  
The World ◽  
The Law ◽  
The Right

Accountability has a very significant role in Islamic law. The process of accountability is very important for the amelioration of the state, society, family, and individual in the world. Some orders are issued for rectification and some matters are ordered to be avoided. The execution of these prohibited acts leads to accountability in society. Furthermore, many people are given powers to carry out the affairs of the state, the misuse of which can lead to great catastrophe. Hence, it is very critical to hold accountable those who hold these positions from time to time. One of these influential positions is that of the judiciary to which the Islamic concept of accountability is very substantial. Now the question is, what is the concept of accountability in Islam? And what was the exercise of accountability of the judiciary in the Qur'an and Hadith and Islamic history? This matter will be discussed in this manuscript. This research will refer to the introduction of accountability using authoritative citations to illustrate the Islamic concept of accountability, its sources, and strategies. How did accountability apply to the judiciary in Islamic history? Specimens are also included in this study and will be discussed. The importance of this research and its results will be disclosed in the conclusion. We will know that Islamic law has comprehensive laws of accountability, and how this sector has been kept on the right track by applying the law of accountability to the judiciary in the past.

scholarly journals Woman-Initiated Divorce and Feminist Fiqh in Indonesia: Narrating Male Acts of Nushūz in Marriage

ULUMUNA ◽  
2020 ◽  
Vol 24 (2) ◽  
pp. 266-295
Author(s):  
Atun Wardatun ◽  
Bianca J. Smith
Keyword(s):  
Gender Equality ◽  
Islamic Law ◽  
Gender Justice ◽  
Feminist Jurisprudence ◽  
Religious Texts ◽  
Women’S Experiences ◽  
Women's Experiences ◽  
Justice Process

This article examines the issue of woman-initiated divorce (cerai gugat) for the controversial reason in Indonesian Islam known as nushūz suami or a husband’s disobedience in marriage. In contrast to the Indonesian Compilation of Islamic Law which applies nushūz (disobedience) to wives only, our arguments draw on feminist jurisprudence (fiqh) to show how nushūz also applies to husbands who do not fulfill marital obligations. A husband’s nushūz is overlooked by classical scholars and Indonesian Islamic Law alike, yet when understood in a Qur’anic feminist context, it gives a depth of understanding about women’s choice to divorce as part of a wider gender justice process and the ‘gendering’ of divorce. Based on women’s post-divorce narratives about nushūz, we propose a feminist fiqh understanding of gender equality situated in tawḥīd as a concept with the potential to form egalitarian-inspired persons (muslimah reformis) and ‘essential’ and ‘true’ justice (keadilan hakiki), through reading religious texts and producing knowledge and policies that include women’s experiences and voices along with those of men’s (mubādalah).

James’s Radical Empiricism: Sensation and Pure Experience

2020 ◽  
Author(s):  
Wesley Cooper
Keyword(s):  
Radical Empiricism ◽  
The World ◽  
Mind And Body ◽  
Pure Experience ◽  
The Law ◽  
Nomic Structure ◽  
The Mind

This chapter examines the concept of sensation in William James’s Principles of Psychology (1890). Like empiricists before him, James thought that the contents of the mind are built up from sensations; this is the sensationalism of the Principles. But for him, this interior location is secondary to sensation’s first location, which is exterior to the mind. In James’s psychology, the interiority and exteriority of sensations are differentiated by their role in the economy of the mind. In his radically empiricist metaphysics, the economy of the mind will become the economy of the world. The law-governed dualism of mind and body persists, even if these categories are anachronistic from a metaphysical viewpoint. The world of pure experience retains the nomic structure introduced in the Principles, and as such it is not autonomous from the physical. The physical is rendered pure-experiential, but its relationship to the mental, also now rendered pure-experiential, remains governed by scientific law. The chapter then considers how, in the Principles, James’s sensationalism is tied to his cerebralism.

scholarly journals The Influence of Classical Interpretation on the Law of Guarantees in the United Arab Emirates

2008 ◽  
Vol 22 (4) ◽  
pp. 335-358 ◽  
Author(s):  
Suhaimi Ab Rahman
Keyword(s):  
United Arab Emirates ◽  
Islamic Law ◽  
Muslim World ◽  
Legal Principles ◽  
The Past ◽  
Profound Influence ◽  
The World ◽  
The Law

During the past four decades, the world has awakened with the reassertion of Islamic law in the Muslim world. At this point, the reassertion also means the embedment of classical interpretations in modern law as they are regarded as part of Islamic law. The question that arises is how far these classical interpretations bind modern legislators and to what extent, if any, classical interpretations influence the development of modern legal principles. This article seeks to clarify these issues through the examination of the law of guarantees in the United Arab Emirates. Both classical and modern legal sources of the United Arab Emirates have been examined for the above purpose. The study demonstrates that classical interpretation has a profound influence in the development of the law of guarantees in the United Arab Emirates.

scholarly journals PEMIDANAAN ANAK MENURUT HUKUM ISLAM DAN HUKUM PIDANA INDONESIA

2015 ◽  
Author(s):  
Adam Sani
Keyword(s):  
Human Resources ◽  
Restorative Justice ◽  
Rule Of Law ◽  
Justice System ◽  
Islamic Law ◽  
Criminal Offense ◽  
The Rule Of Law ◽  
The World ◽  
The Law ◽  
The Government

Children is that of Allah swt which exists to the world is on the nothing but (pure children as the youth is the successors to achieve struggles and human resources for the development of nasional. children need guidance and attention specifically, Especially their parents and the government to achieve the development of physical , mental and spiritual maximally .The rule of law against children a criminal offense in Indonesia arranged in act no. 3 year 1997 on court children later improved by the law no. 11 2012 about the justice system children .Hence , if the child a criminal offense therefore his is to be processed legally based on the bill. Law no. 11 2012 about judicial systems children prefer diversi in the form of restorative justice in terms of handle matter children proven to commit crimes. According to islamic law , children committing a commit crimes.Keyword: children,  islamic law, crimes law, of Indonesia

scholarly journals MONEY POLITIC DALAM PERSPEKTIF SADDU AL-ZARIAH

2020 ◽  
Vol 3 (4) ◽  
pp. 413
Author(s):  
Rahwan Rahwan
Keyword(s):  
Islamic Law ◽  
Legal Regulations ◽  
State Laws ◽  
Legal Decisions ◽  
Sharia Law ◽  
The World ◽  
The Law ◽  
Laws And Regulations

Money politics is a political disease that is increasingly prevalent today. Money politics is a part of the bribery offense. In general, the criminal act of bribery is considered a violation in the world of politics, thus requiring money politics to also be considered a violation. In absolute terms, state laws and regulations explicitly prohibit this action, but this practice is rampant nonetheless. In Sharia law there is often discussion about risywah which is in the form of the millennial period which is reflected in the money political mechanism. However, Jurisprudence scholars in general still disagree over the law of certainty risywah. The editor of the Prophet's Hadith said that Rasulullah Saw. cursing the perpetrator and the recipient of the bribe. However, various interpretations of the scholars have resulted in an imbalance between positive legal regulations and Islamic law. By combining two legal decisions through the study of Ushūl Fikih with Saddu ad-Dzāriah's approach. This study will discuss legal decisions regarding risywah from a different perspective and prove that there is no imbalance between the two.

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