scholarly journals ISLAMIC LAW IN STATE LIFE OF BRUNEI DARUSSALAM

2017 ◽  
Vol 1 (2) ◽  
pp. 81-92
Author(s):  
Abdurrahman Raden Aji Haqqi

The Kingdom of Brunei Darussalam is a country that makes Islam as the official religion of the State and Islamic law as a state administration system. This paper describes what forms of institutionalization of Islamic law in various aspects of national and state life in Brunei Darussalam and its role as a unifying force, peacekeeper, and state harmony, and the prosperity of the people. On the foundation of the ideology of the Malay Islamic Beraja (MIB) the establishment of Islamic law in the administration of state, government, and community life has begun since Sultan Hassanal Bolkiah has been named as Sultan until now. Various laws and regulations based on Islamic law governing various aspects of life have been produced and applied. All of this boils down to the goal of establishing the state of Baldatun Tayyibatun Wa Rabbun Ghafur or the State of Zikir (Remembrance) that produces prosperity in the world and the hereafter. The use of Islamic law in Brunei has been relatively beneficial for both aspects of order and structuring aspects of state and government as well as peace and well-being of the people.

2017 ◽  
Vol 1 (1) ◽  
pp. 67-80
Author(s):  
J Suyuthi Pulungan

Relevance thought Raja Ali Haji to the governance system in Indonesia today, among others, can be seen from the criteria of an ideal leader: first, fulfill the requirements according to Islamic law, namely; Muslim, male, puberty, intelligent, fair/ not wicked (consistent in implementing the rules of Islam), able to carry out the mandate and leadership. Second, the power to make the country independent/ self-reliant. Third, make the security of Muslims in this country is the security of Islam. Fourth, implement Islam simultaneously and comprehensively. Fifth, preventing disintegration and unify the territories of Muslims that have crumbled, not only in Indonesia, but in the whole world, so that Muslims are strong and united in one force. Seeing the condition of the state government system in Indonesia at this time, although different from the form of government desired by Raja Ali Haji is sufficient in accordance with expectations, if we refer to the leaders elected to run the government, ie those who have been entrusted by the people as leaders. Elected leaders are expected to voice their concerns, so that the well-being and comfort can be felt. It is true there is no doubt that the concept of rule by Raja Ali Haji, there are some that do not conform with the concept of governance in Indonesia. Because, in Indonesia, although the majority of the population are Muslims, but also non-Islamic religions grow and develop properly in the spirit of tolerance is high. While the concept of rule by Raja Ali Haji ideal is based on Shari'ah. If this is implemented, the existence of discrimination against other religions.


2020 ◽  
Vol 4 (1) ◽  
pp. 357-378
Author(s):  
Hafiz Abdul Rauf ◽  
Muhammad Adnan Saddique

Islam is the religion of welfare and well-being of the people as well as reformation and uplift of the society. It not only gives its followers some beliefs and convictions, but it also makes them aware of all those fundamental tenets of life, adopting which, an Islamic state can build a peaceful society. Islam gives due care not only to men but to animals and birds as well. What to speak of services to the helpless, it even regards provisions to hungry and the thirsty animals a great source of salvation in the World Hereafter. Public rights (haquq-ul-Ibaad), personal rights, good morals and generosity are a big part of Islamic commandments. Even the person who does not help others is regarded not a Muslim in the eyes of Islam. Islam makes it obligatory to every Man of Source to be conscious about the rights of other people living around him. An Islamic state consists of both Muslims and non-Muslims alike. Every person, whether he is Muslim or non-Muslim, living in the state, deserves his fundamental rights. Even the state is bound to provide them the basic necessities of life including food, boarding, education, clothing, cure and justice. All this is emphasized in Quran and Hadith. When the Holy Prophet (PBHU) migrated to Madina, he, first of all, laid the foundation of first Islamic state. Having reached there, the first problem he faced was the problem of the housing, food and cure of the migrants (Muhajir), as the migrants had left all their belongings back in Makkah. They had no sources with them in Madina. The Holy Prophet (PBHU) persuaded the locals (Insaar), so that the locals managed for the basic needs of migrants, and thus resolved these issues. The Holy Prophet (PBUH) introduced such a system of assistance that none was helpless in the state.


1915 ◽  
Vol 9 (2) ◽  
pp. 287-293
Author(s):  
James D. Barnett

The establishment of the system of direct government in Oregon—the initiative and referendum, the direct primary, and the recall of officers—has been followed by several important movements for the reorganization of representative government in all three departments.The centralization of the state administration is involved in one of the earliest, as it is in the latest, of these movements. In 1909 and 1911 W. S. U'Ren and others of the People's Power League published a proposal for the “concentration of responsibility and power for the enforcement of the laws as nearly as practicable in one public servant,” as it was expressed, by reducing the number of elective officers to two—the governor and the auditor (besides the three proposed “people's inspectors”), and making most of the other state officers as well as the sheriffs and district attorneys both the appointees and the actual subordinates of the governor. The plan was advocated as the means of securing responsibility for the enforcement of the law, economy in administration, and relief from the burden of the ballot. But the proposal was generally condemned by the press as creating “a monster political machine,” a “monarchical” form of government. In view of this opposition and of the fact that the League was at the same time urging radical changes in the legislative department of the state government, the proposal was not submitted to the people.


2019 ◽  
Vol 6 (1) ◽  
pp. 35-51
Author(s):  
Neneng Hasanah

Islam is present as a blessing for all nature and its contents. Islam is the solution to the problems faced by humanity, especially as a guide and a mercy for those who believe. The solution given by Islam is the grace of al-mashlahah (benefit) living in the world and the hereafter. Reviewers of Islamic law can ensure that Islamic law is built for human benefit, preventing damage and realizing the main good. The contribution of Islamic law principles in managing people's lives is undeniable. In history it was recorded, that before Islam came and was brought by the Prophet Muhammad (PBUH), the state of the pitch-black world marked by the behavior of Jahiliyah at that time. Then the Prophet (PBUH) came with the light of Islam and his teachings which up to now still have the purity of teaching and its benefits in personal life and society in general. The form of real contribution in the benefit of the people, is in the teachings of Sadaqah Jariyah in the form of waqf. In the teachings / command of the implementation of waqf contained several principles of Islamic law, among others: the principle of amar maruf nahi munkar, justice and the principle of al-ta'awun.


2014 ◽  
pp. 78-81
Author(s):  
Oksana Rudakevych

Ukrainian national pedagogy in its development was based on the organic combination of national and Christian ideals. Christian humanity was the norm of interpersonal, interethnic, and everyday social existence of our people. Modern Ukrainian society needs spiritual rehabilitation, which is obviously only possible in the interaction of four fundamental factors: state, church, education system and family. Today it is right to mention the outstanding Ukrainian educator G.Vaschenko, who insisted, first of all, on the implementation of the principle of educational education, which should go under the slogan "service to God and the Motherland", and therefore it is necessary to ensure the unity of national and Christian ideals in the present being of the titular nation. The words of the Ukrainian enlightener A.Richinsky sound like a bitter prophecy: "The result of spiritual fatigue is that the life of the people becomes too materialistic, with the decline of national shrines and unifying ideology, everyone cares only about private interest, the provision of material well-being, feeling already unable to dream about the higher ideals of the nation ". It is the religious worldview that gives a believer a certain amount of values ​​through which he solves the question of the meaning of his existence, his attitude to the world, to the state in which he lives.


2018 ◽  
Vol 12 (2) ◽  
pp. 313-328
Author(s):  
Fathul Aminudin Aziz

Fines are sanctions or punishments that are applied in the form of the obligation to pay a sum of money imposed on the denial of a number of agreements previously agreed upon. There is debate over the status of fines in Islamic law. Some argue that fines may not be used, and some argue that they may be used. In the context of fines for delays in payment of taxes, in fiqh law it can be analogous to ta'zir bi al-tamlīk (punishment for ownership). This can be justified if the tax obligations have met the requirements. Whereas according to Islamic teachings, fines can be categorized as acts in order to obey government orders as taught in the hadith, and in order to contribute to the realization of mutual benefit in the life of the state. As for the amount of the fine, the government cannot arbitrarily determine fines that are too large to burden the people. Penalties are applied as a message of reprimand and as a means to cover the lack of the state budget.


Author(s):  
Juriyana Megawati Hasibuan Dan Fatahuddin Aziz Siregar

Marriage is a sacred bond which is ideally only held once in a lifetime. Both Islamic law and positive law require an eternal happy marriage. To support this the Koran proclaims marriage as mitsaqan galiza. The marriage is then registered in the state administration. In line with this, the laws and regulations are formulated in such a way as to make divorce more difficult. However, when there are acceptable reasons and due to coercive conditions, divorce can be done through a judicial process. The divorce must then be registered by taking certain procedures. The court delivered the notice and sent a copy of the decision to the marriage registrar to file the divorce properly. The implementation of this divorce record was not effective. The separation of the Religious Courts Institution from the Ministry of Religion has become a factor that causes the registration task not to be carried out. The loss of the obligation to submit a copy of the decision on the judge's ruling caused the recording to be constrained. The unavailability of shipping costs also contributed to the failure to register divorce. Even though there is a threat to the Registrar who neglects to deliver a copy of the verdict, unclear sanctions make this ineffective. As a result of the lack of recording of divorce, the status of husband and wife becomes unclear and opens opportunities for abuse of that status.


Author(s):  
Оlena Fedorіvna Caracasidi

The article deals with the fundamental, inherent in most of the countries of the world transformation of state power, its formation, functioning and division between the main branches as a result of the decentralization of such power, its subsidiarity. Attention is drawn to the specifics of state power, its func- tional features in the conditions of sovereignty of the states, their interconnec- tion. It is emphasized that the nature of the state power is connected with the nature of the political system of the state, with the form of government and many other aspects of a fundamental nature.It is analyzed that in the middle of national states the questions of legitima- cy, sovereignty of transparency of state power, its formation are acutely raised. Concerning the practical functioning of state power, a deeper study now needs a problem of separation of powers and the distribution of power. The use of this principle, which ensures the real subsidiarity of the authorities, the formation of more effective, responsible democratic relations between state power and civil society, is the first priority of the transformation of state power in the conditions of modern transformations of countries and societies. It is substantiated that the research of these problems will open up much wider opportunities for the provi- sion of state power not as a center authority, but also as a leading political structure but as a power of the people and the community. In the context of global democratization processes, such processes are crucial for a more humanistic and civilized arrangement of human life. It is noted that local self-government, as a specific form of public power, is also characterized by an expressive feature of a special subject of power (territorial community) as a set of large numbers of people; joint communal property; tax system, etc.


2018 ◽  
Vol 5 (1) ◽  
pp. 142
Author(s):  
Putu Ayu Anastasia Wierdarini

The amendment of the Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 positioned the Majelis Permusyawaratan Rakyat no longer as the highest state institution and the highest sovereign of the people. This has implications for the authority of the Majelis Permusyawaratan Rakyat to have a strategic position, namely to UUD 1945, to stipulate GBHN, to elect the president and vice president through amendment of its authority to be very limited and weak. This paper examines jurisdictionally how to restore the privileges possessed by the Majelis Permusyawaratan Rakyat through the amendment of the UUD 1945. A normative legal research method with statute approach and conceptual approach is used to analyze this problem.The results of the study indicate that the MPR's repatriation in the main and vital position in the Indonesian state administration system is very important, namely through amendments to the material content of the UUD 1945 which must be implemented on an ongoing basis.


2020 ◽  
pp. 030981682098238
Author(s):  
Miloš Šumonja

The news is old – neoliberalism is dead for good, but this time, even Financial Times knows it. Obituaries claim that it had died from the coronavirus, as the state, not the markets, have had to save both the people and the economy. The argument of the article is that these academic and media interpretations of ‘emergency Keynesianism’ misidentify neoliberalism with its anti-statist rhetoric. For neoliberalism is, and has always been, about ‘the free market and the strong state’. In fact, rather than waning in the face of the coronavirus crisis, neoliberal states around the world are using the ongoing ‘war against the virus’ to strengthen their right-hand grip on the conditions of the working classes.


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