scholarly journals Pengaruh Islam dan Budaya dalam Pembentukan Hukum dI Indonesia

2017 ◽  
Vol 11 (2) ◽  
pp. 219-246
Author(s):  
Ja'far Baehaqi

ABSTRACT There is a relationship between Islam and culture on the one hand and the law on the other. This paper attempts to answer the question about the influence of Islam and the culture in the formation of law in Indonesia. Through a systems approach gained answer that Islam and culture in Indonesia plays an important role in creating social order and piety. As a comprehensive belief system that includes the dimensions of the hereafter and worldly at the same time Islam play the role as a source of inspiration and legitimacy. Meanwhile, as a product of human in responding to natural and life lived culture played a role as a way of life and behavior on the side of religion. As a means to create order and a tool of social engineering, law in Indonesia can not be separated from Islam and culture. Establishment of state law will inevitably have to consider Islam and culture. If not, then the law will be alienated and lose relevance.

Author(s):  
Carolyn Schwarz

This chapter considers the ways that personhood is experienced, staged, and politicized in the weekly Sunday services of the Galiwin’ku Uniting Church. Central to the discussion are the tensions between a kin-based social order—vestige of the hunting-gathering way of life—and a bureaucratic order that emerged with mission station life and the requirements of the state, institutional church, and market society. I argue that the particular dynamics of the Sunday services, including the thematic content as well as the roles, statuses, sequences, and the relations that are involved, work on the one hand to facilitate individual ways of being and the centralization of authority, and on the other hand, to continue relational ways of being and the dispersal of authority. I examine how these oppositional tendencies are brought to life in the same ritual space and even find some degree of stability. The chapter concludes with some comparative comments on the Galiwin’ku material in relation to discussions of personhood in the “anthropology of Christianity.”


1992 ◽  
Vol 78 (1) ◽  
pp. 149-162 ◽  
Author(s):  
Jan Assmann

In this comparative study of ancient belief and practice, the Egyptian evidence is analysed first, then placed in the wider context of the Near East. It is argued that, while laws and curses are both ways of preventing damage by threatening potential evildoers with punishment, the difference lies in the fact that in the one case punishment is to be enforced by social institutions, in the other by divine agents. Curses take over where laws are bound to fail, as when crimes remain undetected and when the law itself is broken or abandoned. The law addresses the potential transgressor, the curse the potential law-changer who may distort or neglect the law. The law protects the social order, the curse protects the law. These points are illustrated by extensive quotation from Egyptian and Near Eastern texts.


2000 ◽  
Vol 17 (2) ◽  
pp. 1-28
Author(s):  
Sherman A. Jackson

Native born African-American Muslims and the Immigrant Muslimcommunity foxms two important groups within the American Muslimcommunity. Whereas the sociopolitical reality is objectively the samefor both groups, their subjective responses are quite different. Both arevulnerable to a “double Consciousness,” i.e., an independently subjectiveconsciousness, as well as seeing oneself through the eyes of theother, thus reducing one’s self-image to an object of other’s contempt.Between the confines of culture, politics, and law on the one hand andthe “Islam as a way of life” on the other, Muslims must express theircultural genius and consciously discover linkages within the diverseMuslim community to avoid the threat of double consciousness.


Author(s):  
Patrick Colm Hogan

The introduction first sets out some preliminary definitions of sex, sexuality, and gender. It then turns from the sexual part of Sexual Identities to the identity part. A great deal of confusion results from failing to distinguish between identity in the sense of a category with which one identifies (categorial identity) and identity in the sense of a set of patterns that characterize one’s cognition, emotion, and behavior (practical identity). The second section gives a brief summary of this difference. The third and fourth sections sketch the relation of the book to social constructionism and queer theory, on the one hand, and evolutionary-cognitive approaches to sex, sexuality, and gender, on the other. The fifth section outlines the value of literature in not only illustrating, but advancing a research program in sex, sexuality, and gender identity. Finally, the introduction provides an overview of the chapters in this volume.


Author(s):  
Nimer Sultany

This chapter analyzes concrete Egyptian and Tunisian cases that showcase the interplay between continuity and rupture. These cases illustrate the lack of a systemic relation between law and revolution. On the one hand, the judiciary that interprets and applies the law is part of the very social and political conflicts it is supposed to resolve. On the other hand, the law is incoherent and there are often resources within the legal materials to play it both ways. Thus, the different forces at work use both continuity and rupture to advance their positions. Furthermore, legitimacy discourse mediates the contradictions between law and revolution in the experience of different legal and political actors. This mediation serves an ideological role because it presupposes a binary dichotomy between continuity and rupture, papers over law’s incoherence by reducing it to a singular voice, and reduces revolution to an event rather than a process.


1972 ◽  
Vol 7 (3) ◽  
pp. 373-410
Author(s):  
Aharon Yoran

It is submitted that even if the hapless outsider cannot bring an action for damages because of the existing state of the law regarding fiduciary duties and breach of statutory duties, he still has an equitable remedy of rescission of the contract based on quasi-contractual principles. The crime of fraud, under secs. 13 and 54, respectively, would be made the basis of setting the contract (of sale or purchase) aside. To support this proposition we shall explore the quasi-contractual principles which enable one contracting party, the victim of a crime committed by the other party in entering the contract, to defeat this contract.In Browning v. Morris, in an oft-quoted statement by Lord Mansfield, the following principle was declared: But, where contracts or transactions are prohibited by positive statutes, for protecting one set of men from another set of men; the one, from their situation and condition, being liable to be oppressed or imposed upon by the other; there, the parties are not in pan delicto; and in furtherance of these statutes, the person injured, after the transaction is finished and completed, may bring an action and defeat the contract.


2004 ◽  
Vol 32 (1) ◽  
pp. 56-72 ◽  
Author(s):  
Stephen J. Morse

How to respond justly to the dangers persistent violent offenders present is a vexing moral and legal issue. On the one hand, we wish to reduce predation; on the other, we want to treat predators fairly. The central theme of this paper is that it is difficult to achieve both goals without compromising one of them, and that both are being seriously undermined. I begin by explaining the legal theory, doctrine and practice governing dangerous offenders (DO) and demonstrate that the law leaves a gap in the ability to confine them. Next I explore the means by which the law has overtly or covertly sought to fill the gap. Many of these measures, especially the new form of civil commitment for sexual predators, dangerously conflate moral and medical categories. I conclude that pure preventive detention is more common than we usually assume, but that this practice violates fundamental assumptions concerning liberty under the American constitutional regime.


Author(s):  
Valerii P. Trykov ◽  

The article examines the conceptual foundations and scientific, sociocultural and philosophical prerequisites of imagology, the field of interdisciplinary research in humanitaristics, the subject of which is the image of the “Other” (foreign country, people, culture, etc.). It is shown that the imagology appeared as a response to the crisis of comparatives of the mid-20th century, with a special role in the formation of its methodology played by the German comparatist scientist H. Dyserinck and his Aachen School. The article analyzes the influence on the formation of the imagology of post-structuralist and constructivist ideological-thematic complex (auto-reference of language, discursive history, construction of social reality, etc.), linguistic and cultural turn in the West in the 1960s. Shown is that, extrapolated to national issues, this set of ideas and approaches has led to a transition from the essentialist concept of the nation to the concept of a nation as an “imaginary community” or an intellectual construct. A fundamental difference in approaches to the study of an image of the “Other” in traditional comparativism and imagology, which arises from a different understanding of the nation, has been distinguished. It is concluded that the imagology studies the image of the “Other” primarily in its manipulative, socio-ideological function, i.e., as an important tool for the formation and transformation of national and cultural identity. The article identifies ideological, socio-political factors that prepared the birth of the imagology and ensured its development in western Humanities (fear of possible recurrences of extreme nationalism and fascism in post-war Europe, the EU project, which set the task of forming a pan-European identity). It is concluded that the imagology, on the one hand, has actualized an important field of scientific research — the study of the image of the “Other”, but, on the other hand, in the broader cultural and historical perspective, marked a departure not only from the traditions of comparativism and historical poetics, but also from the humanist tradition of the European culture, becoming part of a manipulative dominant strategy in the West. To the culture of “incorporation” into a “foreign word” in order to understand it, preserve it and to ensure a genuine dialogue of cultures, the imagology has contrasted the social engineering and the technology of active “designing” a new identity.


Al-MAJAALIS ◽  
2018 ◽  
Vol 6 (1) ◽  
pp. 1-36
Author(s):  
Muhammad Arifin Badri

This study aims to examine the laws of dowry money decoration that are common in the community. The innovation and soul of art that is channeled through décor of dowry money is proven to produce beautiful and unique works, so as to attract the attention and interest of the wider community. However, because to produce beautiful and unique works, a high level of creativity is needed, so not everyone can do it. On the one hand, this phenomenon opens up quite good business opportunities, but on the other hand, it should be watched out, because in some conditions it contains the practice of buying and selling currencies with nominal differences. Through this study, I would like to uncover the law of buying and selling practices decorating dowry money and decorating services. As I also intend to present an applicative solution for the community so that they can still channel their artistic talents without violating Shari’ah law.


De Jure ◽  
2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Hristo Banov ◽  

The article reviews the main differences between the monetary obligation of the employer under Art. 232, para. 2 of the Labour Code and other payments that the same party owes by law in the employment relationship. Thus, the hypotheses are differentiated, on the one hand, of the unilateral termination of the employment contract by the employer against monetary payment on the grounds of Art. 232, para. 2 of the Labour Code, and, on the other hand, the emergence of an obligation to pay certain compensations – in the true sense of the term – under Art. 213, Art. 214, Art. 219, para. 2 and Art. 225 of the Labour Code. Thereby, the thesis regarding the impossibility of incurring of an obligation on the employer to simultaneously execute the various mentioned monetary considerations, is reasoned. In addition, the rules set out in the law are discussed, both for contracting and for the final calculation of the amount of the employer’s monetary payment, which this study focuses on.


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