scholarly journals Dinamika Perubahan Sosial Dan Hukum Islam

2016 ◽  
Vol 16 (1) ◽  
pp. 197
Author(s):  
Fathurrahman Azhari

Abstract: The Dynamics of Social Change and Islamic Law are related each other in making a change. In the one hand,  social changeis caused by the Islamic law, but on the other hand, the change of Islamic law itself is causedby the social changes. The existence of Islamic law, which was brought  by Rasulullah Saw, had clearly changed the social community at that time;the changes started from jahiliyyah societyera that strongly held  their  tradition to the Islamic societyera that held Islamic law.By the same token, Islamic law had also made a change due to social changes. According to juries-prudency of Islamic law(regulations made by fukaha/Islamic cleric) that thechange of the fatwa (advice) was caused by the change of the periode, place, situation (niat) and tradition".  By doing the change of law, the Islamic law becomes dynamic, and adaptable and islamic lawswould be up to date in accordance with the current development and the social changes.الملخص: الدينا ميكية الاجتماعية والأحكام الشرعية مرتبطان في إيجاد التغير. من جهة كان التغير الاجتماعي بسبب وجود الأحكام الشرعية. ومن جهة اخرى تغيّر الحكم الشرعي بسبب التغيّر الاجتماعى . وجود الشريعة الاسلامية التي أتى بها الرسول الله صلى الله عليه وسلم غيّرت - بوضوح - المجتمعات فى ذلك الوقت من مجتمعات جاهلية متمسكة بالعادات إلى مجتمعات إسلامية متمسكة بالشريعة الاسلامية. ولكن الأحكام الشرعية أيضا تتغير بسبب التغير الاجتماعي الموافق بالقاعدة الفقهية التي وضعها الفقهاء " تغير الفتوى بتغير الزمان والمكان والاحوال والعادة " فبتغير الاحكام  تكون الأحكام الشرعية مرنة، عطوفة، لينة، قابلة للمواجهة ، اذن كانت الأحكام الشرعية قابلة للتجديد ومناسبة بتطور الزمان والتغير الاجتماعي. Abstrak: Dinamika sosial dan hukum Islam saling memiliki keterkaitan dalam melakukan perubahan. Satu sisi perubahan sosial karena hukum Islam. Di sisi lain, perubahan hukum Islam karena  perubahan sosial. Keberadaan hukum Islam yang dibawa oleh Rasulullah Saw. dengan jelas merubah sosial masyarakat pada waktu itu dari masyarakat jahiliyyah yang berpegang kepada adat kebiasaan mereka menjadi masyarakat Islam yang berpegang kepada hukum Islam. Tetapi hukum Islam juga melakukan perubahan karena terjadinya perubahan sosial. Sesuai dengan kaidah fikih yang dibuat oleh fuqaha: “berubahnya fatwa dengan sebab berubahnya masa, tempat, keadaan (niat) dan adat kebiasaan.” Dengan melakukan perubahan hukum, maka hukum Islam itu dinamis, dan mampu beradaptasi, sehingga hukum Islam itu op tu date sesuai dengan perkembangan zaman dan perubahan sosial.

2019 ◽  
Vol 18 (1) ◽  
pp. 33
Author(s):  
Muhammad Faisol

It is undeniable that the dynamics of social and Islamic law are intertwined in forming a change. On the one hand, the dynamics and social change occur because of the influence of Islamic law, and in one side the social change affects the development and change of Islamic law. The inscription shows that the Islamic law brought by the prophet Muhammad SAW. has clearly changed the social community order at the time. Social conditions based on poor customs and habits have turned into a society based on Islamic law. Therefore, it can not be denied the change of law because of social change as affirmed in the rule of fiqh. This also demonstrates the nature of Islamic law that always matches the development of the times.


Südosteuropa ◽  
2020 ◽  
Vol 68 (3) ◽  
pp. 408-431
Author(s):  
Irena Petrović ◽  
Marija Radoman

AbstractThe authors analyze the changes in value patterns—patriarchy, authoritarianism and nationalism—in Serbia in the context of the social changes that have marked the postsocialist transformation period. They focus on the extent and intensity of two sub-patterns within each of these three basic value patterns: private and public patriarchy, general and specific authoritarianism, organic (natural) and ethnic nationalism. The conclusions about changes in these value patterns are drawn on the basis of three empirical studies conducted in 2003, 2012, and 2018. They show the prevalence of private patriarchy, general authoritarianism, and organic (natural) nationalism over their counterparts. Private patriarchy has weakened, which is largely to be explained by the significant structural changes in Serbia. On the other hand, support of general authoritarianism and organic (natural) nationalism has been on the rise, which clearly mirrors the unfavorable economic and political situation in the country.


2017 ◽  
Vol 38 (2) ◽  
pp. 266-292
Author(s):  
Christian Krijnen

AbstractContemporary philosophy of recognition represents probably the most prominent direction that presently claims to introduce an updated version of classical German idealism into ongoing debates, including the debate on the nature of sociality. In particular, studies of Axel Honneth offer triggering contributions in Frankfurt School fashion while at the same time rejuvenating Hegel’s philosophy in terms of a philosophy of recognition. According to Honneth, this attempt at a rejuvenation also involves substantial modification of Hegelian doctrines. It is shown that Honneth underestimates the implications of Hegel’s thoughts about the theme, method and systematic form of philosophy. As a consequence, Honneth’s social philosophy is, on the one hand, in need of a plausible foundation. This leads, on the other hand, to a different construction of the social within philosophy than Honneth offers.


2018 ◽  
Vol 4 (1) ◽  
pp. 63-76
Author(s):  
Salamah Eka Susanti

The Qur'an contains only a small number of detailed laws, while the sunna is limited to the cases that occurred in its time, so to solve new problems, ijtihad is required. In such a connection for a Muslim, new problems arising from the progress of science and technology, should not be confronted with confrontational passages, but must be solved by ijtihadi.Karena reality often occurs, that the development of society and public opinion faster the pace of the road from on the development of the law itself. The dynamics of people's lives are characteristic of change. Through the power of intention, power, and creativity, humans create cultural objects as a result of their creations. Changes that occur in society when observed can occur in various There are slow changes (evolution) and there are rapid changes (revolution). The social changes that occur in a society, directly or indirectly, affect institutions in various fields, such as government, economics, education, religion and so on. The continuation of an impact on the social system changes. When the law is faced with social change, it occupies one of its functions, which can function as a means of social control, and the law can serve as a means of social change. the characteristics of the law above is due to the inconsistency of social dynamics and the dynamics of law in the life of society. Unequaled dynamics of society and law, usually will bring social lag. From here, then comes a question whether Islamic law as a norm of God's determination can experience changes in accordance with the needs of the community? Ijtihad is an important factor for the development and development of Islamic law.Ijtihad done to answer the problems that arise in society that is not yet known legal status.ijtihad has a wide scope, the issues are not regulated explicitly dala m al-Qur'an and sunna can be done ijtihad. In order for humans to have breadth in determining its activities according to its ability, needs and environment. Therefore ijtihad in the field of Islamic law in anticipating the dynamics of society and social changes concerning the values, behavior patterns, and social system of a society is a concern in establishing Islamic law. Thus ijtihad is the third source in the development of Islamic law. Keywords: Social Change, Ijtihad, Law, Islamic.


Author(s):  
Touré Bassamanan

This paper highlights the different layers of meaning that characterize the notion of manhood in Gaines’ fiction. The quest for manhood represents an imperative for the frustrated men in the framework of the social context wherein they are emasculated. Here, manhood should be grasped through a binary paradigm. On the one hand, the expression of manhood equates with male domination and violence. On the other hand, due to social expectations, manhood refers to the struggle for freedom. It undermines the white racial superiority and it claims blacks’ humanity. Manhood fosters humanistic principles. Thus, it takes on a universal dimension.


rahatulquloob ◽  
2021 ◽  
pp. 1-13
Author(s):  
Dr. Abdul Wadood Abed ◽  
Dr. Hedayatullah Modaqiq

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?


2021 ◽  
Author(s):  
◽  
Samuele Tonello

<p>This thesis in divided in two main parts. First, I develop the claim that current democracies are unable to properly defend what I deem the pivotal feature to evaluate the quality of a political system - namely the people’s liberty - due to what I call a twofold democratic dilemma. On the one hand, common citizens are affected by biases that compromise their ability to successfully maintain forms of self-government. On the other hand, even representative forms of democracy that limit to a certain degree the people’s power are threatened by an oligarchic power. That is, oligarchs are using their wealth power to sway governments towards pursuing oligarchic interests rather than common ones, thus hindering the people’s liberty. For this reason, I argue that we ought to rely on Pettit’s view of liberty as non-domination to resolve the democratic dilemma. The thesis conceives these two threats as two forms of domination that must be avoided and focuses on adding a supplementary editorial and contestatory dimension of democracy to the classical participatory one. Republicanism could offer a solution to both sides of the dilemma. On the one hand, citizens’ political task would be more compatible with the people’s biases, since citizens would limit their participation to control that government’s policies do not entail oligarchic domination. On the other hand, framing liberty as a battle between dominating masters and dominated slaves, republicanism could offer the many the institutional means to counteract elites’ political domination. In this way, I conclude the first part of the thesis, but this opens the gates to the main question of the thesis, namely to how we should structure this contestatory democracy. The problem is that whereas republican scholars agree on the importance of setting freedom as non-domination at the basis of our political systems, there is no such agreement on the best way to institutionally enhance the republican ideal. I analyse this debate, maintaining that while Pettitt’s ideal is the view to pursue, we should reject his editorial solution because small committees of experts are likely to increase oligarchic domination rather than to protect the people’s liberty. Rejecting Pettit’s model does not yet imply refusing any editorial model, since I argue that critical scholars mistakenly identify the editorial component of democracy with Pettit’s answer only. In this way, they neglect alternative solutions to Pettit’s, such as Bellamy’s and McCormick’s. Having explained that Bellamy’s solution does not resolve the democratic dilemma, since this scholar rejects editorial bodies, I argue that McCormick’s “Machiavellian Democracy” framed on a divided conception of the populace offers instead the solution I am looking for. Institutionally recognizing the social differences among the populace, we could create modern bodies similar to the Roman “Tribune of the Plebs” to offer the weaker part of the population a class-specific institution to use as defence from oligarchic domination. The problem is how to implement a modern “Tribune of the plebs” making sure that these bodies are effective but popular in character at the same time. I thus explain how modern editorial tribunates could work in practice, drawing from McCormick’s “thought experiment”. I agree with most of McCormick’s ideas – lottery selection, wealth threshold exclusion, large size tribunates, etc. - but I suggest that we must review some of his suggestions with features more concerned with improving the people’s knowledge – specialization, education selection, etc. Hence, I conclude the thesis describing my thought experiment of a system of Specialized Ministerial Tribunates. In this way, I argue that we could better resolve the democratic dilemma. On the one hand, tribunates’ editorship would be more specific and would not require members of the tribunate to analyse the operation of governments on a too broad spectrum, thus reducing the problems of the people’s biases. On the other hand, tribunates’ operation could be primarily connected to detecting oligarchic features in the policies enacted by single ministries, thus challenging more precisely any oligarchic influence over governments. In sum, I argue that an editorial dimension could produce significant improvements to the people’s liberty. Thanks to a modern “Tribune of the plebs”, citizens could participate more meaningfully in politics, while taming more efficiently the influence oligarchs have on how modern societies are politically directed.</p>


2021 ◽  
Author(s):  
◽  
Samuele Tonello

<p>This thesis in divided in two main parts. First, I develop the claim that current democracies are unable to properly defend what I deem the pivotal feature to evaluate the quality of a political system - namely the people’s liberty - due to what I call a twofold democratic dilemma. On the one hand, common citizens are affected by biases that compromise their ability to successfully maintain forms of self-government. On the other hand, even representative forms of democracy that limit to a certain degree the people’s power are threatened by an oligarchic power. That is, oligarchs are using their wealth power to sway governments towards pursuing oligarchic interests rather than common ones, thus hindering the people’s liberty. For this reason, I argue that we ought to rely on Pettit’s view of liberty as non-domination to resolve the democratic dilemma. The thesis conceives these two threats as two forms of domination that must be avoided and focuses on adding a supplementary editorial and contestatory dimension of democracy to the classical participatory one. Republicanism could offer a solution to both sides of the dilemma. On the one hand, citizens’ political task would be more compatible with the people’s biases, since citizens would limit their participation to control that government’s policies do not entail oligarchic domination. On the other hand, framing liberty as a battle between dominating masters and dominated slaves, republicanism could offer the many the institutional means to counteract elites’ political domination. In this way, I conclude the first part of the thesis, but this opens the gates to the main question of the thesis, namely to how we should structure this contestatory democracy. The problem is that whereas republican scholars agree on the importance of setting freedom as non-domination at the basis of our political systems, there is no such agreement on the best way to institutionally enhance the republican ideal. I analyse this debate, maintaining that while Pettitt’s ideal is the view to pursue, we should reject his editorial solution because small committees of experts are likely to increase oligarchic domination rather than to protect the people’s liberty. Rejecting Pettit’s model does not yet imply refusing any editorial model, since I argue that critical scholars mistakenly identify the editorial component of democracy with Pettit’s answer only. In this way, they neglect alternative solutions to Pettit’s, such as Bellamy’s and McCormick’s. Having explained that Bellamy’s solution does not resolve the democratic dilemma, since this scholar rejects editorial bodies, I argue that McCormick’s “Machiavellian Democracy” framed on a divided conception of the populace offers instead the solution I am looking for. Institutionally recognizing the social differences among the populace, we could create modern bodies similar to the Roman “Tribune of the Plebs” to offer the weaker part of the population a class-specific institution to use as defence from oligarchic domination. The problem is how to implement a modern “Tribune of the plebs” making sure that these bodies are effective but popular in character at the same time. I thus explain how modern editorial tribunates could work in practice, drawing from McCormick’s “thought experiment”. I agree with most of McCormick’s ideas – lottery selection, wealth threshold exclusion, large size tribunates, etc. - but I suggest that we must review some of his suggestions with features more concerned with improving the people’s knowledge – specialization, education selection, etc. Hence, I conclude the thesis describing my thought experiment of a system of Specialized Ministerial Tribunates. In this way, I argue that we could better resolve the democratic dilemma. On the one hand, tribunates’ editorship would be more specific and would not require members of the tribunate to analyse the operation of governments on a too broad spectrum, thus reducing the problems of the people’s biases. On the other hand, tribunates’ operation could be primarily connected to detecting oligarchic features in the policies enacted by single ministries, thus challenging more precisely any oligarchic influence over governments. In sum, I argue that an editorial dimension could produce significant improvements to the people’s liberty. Thanks to a modern “Tribune of the plebs”, citizens could participate more meaningfully in politics, while taming more efficiently the influence oligarchs have on how modern societies are politically directed.</p>


Author(s):  
Sruti Bala

I have argued throughout this study that participatory art practices need to be understood in conjunction with the anxieties and contradictions that accompany them. Whether or not this is a formally constitutive characteristic worthy of naming as a genre is, in my view, less important than finding ways to account for and be responsive to the questions it poses. This is the place that this study departed from, yet oddly, it also the place it finds itself arriving at. For if this study has inquired into some of the conditions for and articulations of participation in the arts, it has also turned out to be an investigation of the ways in which participation is already circumscribed by the questions we ask of it, such as the social impact of participatory art, or its specific aesthetic features. The frictions in this endeavour will have become apparent to the perceptive reader: on the one hand I attempt to identify commonalities and systematic coherences in a field named as participatory art, and on the other hand I seek to analyse it in terms of its deviations from, and incommensurability with, a systematic narrative, in the emphasis of unruly, subtle, non-formalizable modes of participation. I treat participatory art as an inherited category, looking at its diverse, specific operations, or disciplinary routes and historical legacies. At the same time, I try to alter the terms of received wisdom by extrapolating principles and observations from the confines of one disciplinary arena into another. I search for ways in which affiliation to a given type of participatory practice might be described, only to find that formal coherences are perforated by aspects that exceed those same terms of affiliation. The analysis of participatory art and the conceptualization of participation in and through art thereby become intertwined in complex ways....


Author(s):  
Ludovic-Mohamed Zahed

This chapter introduces the social consequences of, on the one hand, inclusive interpretations and, on the other hand, exclusive (or, quite simply, homophobic, transphobic, and misogynistic) interpretations of scripture, showing how queer Muslims in France, in Europe, and elsewhere position themselves in relation to the theoretical and theological debates in the Islamic world.


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