scholarly journals Taghayyur as a Theoretical Basis of Muslim and Non-Muslim Relations at the Nahdlatul Ulama's Bahthul Masa'il

2021 ◽  
Vol 21 (2) ◽  
pp. 315-337
Author(s):  
Mohammad Rofiqul A’la ◽  
Rosihon Anwar ◽  
Nurwadjah Ahmad ◽  
Dody S. Truna
Keyword(s):  
Qualitative Research ◽  
Law Enforcement ◽  
Theoretical Basis ◽  
Nation State ◽  
History Of ◽  
Nahdlatul Ulama ◽  
The Republic ◽  
Written Materials ◽  
State Context

Abstract: This study discusses the history of fatwas on Muslim-Non-Muslim relations issued by the Bahthul Masa'il Institute (LBM) of Nahdlatul Ulama from 1926 to 2019. This research is a type of qualitative research focused on studying LBM written materials. The perspective used is the Study of Religion with a theoretical analysis from Joachim Wach regarding the forms of expression of religious experience, especially in the sociological form. This study finds that, historically, NU issued fatwas by considering such sociological aspects that taghayyur (law change) method is used in law enforcement. By adhering to this principle, NU has formulated fatwas to maintain Muslim-non-Muslim relations under the umbrella of the Unitary State of the Republic of Indonesia. In this regard, NU argues that non-Muslims in Indonesia cannot be categorized in terms of the infidel in the nation-state because non-Muslim citizens in the nation-state context are not second-class citizens as contained in the concept of infidel with various types. The implication is the increasing quality of inter-religious relations that are increasingly harmonious in a plural society.الملخص :تناقش هذه الدراسة تاريخ الفتاوى حول العلاقات بين المسلمين وغير المسلمين الصادرة عن معهد بهتول المسائل (LBM)  لتابع لنهضة العلماء من عام  1926 إلى عام  2019. هذا البحث هو نوع من البحث النوعي الذي يركز على دراسة المواد المكتوبة من قبل  LBM. المنظور المستخدم هو دراسة الدين مع تحليل نظري من Joachim Wachفيما يتعلق بأشكال التعبير عن التجربة الدينية ، وخاصة في الشكل الاجتماعي. توصلت هذه الدراسة إلى أنه تاريخياً ، أصدرت جامعة النيل فتاوى من خلال النظر في الجوانب الاجتماعية ، وبالتالي استخدام طريقة التغايور )تغيير القانون  (في إنفاذ القانون. بالالتزام بهذا المبدأ ، قامت NU بصياغة فتاوى للحفاظ على العلاقات بين المسلمين وغير المسلمين تحت مظلة الدولة الموحدة لجمهورية إندونيسيا. في هذا الصدد ، يجادل NU بأنه لا يمكن تصنيف غير المسلمين في إندونيسيا من حيث الكفار في الدولة القومية لأن المواطنين غير المسلمين في سياق الدولة القومية ليسوا مواطنين من الدرجة الثانية كما هو وارد في مفهوم الكفر. بأنواع مختلفة. المعنى الضمني هو الجودة المتزايدة للعلاقات بين الأديان التي تزداد انسجامًا في مجتمع تعددي.Abstrak: Penelitian ini membahas riwayat fatwa hubungan Muslim-Non-Muslim yang dikeluarkan oleh Lembaga Bahthul Masa'il (LBM) Nahdlatul Ulama dari tahun 1926 hingga 2019. Penelitian ini merupakan jenis penelitian kualitatif yang difokuskan untuk mengkaji bahan tertulis LBM. Perspektif yang digunakan adalah kajian agama dengan analisis teori dari Joachim Wach mengenai bentuk-bentuk ekspresi pengalaman beragama, terutama dalam bentuk sosiologis. Studi ini menemukan bahwa dalam sejarahnya, NU mengeluarkan fatwa dengan mempertimbangkan aspek sosiologis, sehingga memakai metode taghayyur (perubahan hukum) dalam penegakan hukum. Dengan berpegang pada prinsip ini, NU telah merumuskan fatwa-fatwa untuk menjaga hubungan Muslim-non-Muslim di bawah payung Negara Kesatuan Republik Indonesia. Dalam kaitan ini, NU berpendapat bahwa non-Muslim di Indonesia tidak dapat dikategorikan dalam istilah kafir dalam negara-bangsa karena warga negara non-Muslim dalam konteks negara-bangsa bukanlah warga kelas dua sebagaimana termuat dalam konsep kafir dengan berbagai jenisnya. Implikasinya adalah meningkatnya kualitas hubungan antar umat beragama yang semakin harmonis di masyarakat plural.

Judiciary Practice in the Mechanism of Legal Monitoring

10.12737/5277 ◽  
2014 ◽  
Vol 2 (8) ◽  
pp. 57-66
Author(s):  
Мария Глазкова ◽  
Mariya Glazkova ◽  
Алексей Павлушкин ◽  
Aleksey Pavlushkin ◽  
Екатерина Черепанова ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
Theoretical Basis ◽  
Judicial Practice ◽  
Monitoring Mechanism ◽  
Complex Program ◽  
Reasonable Approach ◽  
Monitoring Software

In article discusses topical issues of implementation of the legal monitoring mechanism. The authors made an attempt to discover the essence of the legal monitoring mechanism, to analyze and to assess the sufficiency of those functions, that are reserved for judicial authorities in this mechanism, and also to pay attention to specificity of monitoring of procedural rules as a type of law enforcement monitoring. Reveals the theoretical basis of the legal and regulatory monitoring? The organization the legal monitoring software. The authors proposes creation of a complex program of legal monitoring and law-application as an instrument of improvement of quality of normative-law acts. In article ways of influence of judicial practice on lawmaking and practice are generalized and systematized. Specific proposals are formulated. It ensures the scientifically-reasonable approach to a choice of directions of legislative development and in the end — an internal coordination of the legal system as a whole.

Developing an effective renovation plan: the influence of data collection tools

2018 ◽  
Vol 36 (1) ◽  
pp. 63-76 ◽  
Author(s):  
Edoghogho Ogbeifun ◽  
Charles Mbohwa ◽  
Jan-Harm Christiaan Pretorius
Keyword(s):  
Qualitative Research ◽  
Data Collection ◽  
Single Case ◽  
Education Institution ◽  
Condition Index ◽  
Facilities Management ◽  
Content Type ◽  
History Of

Purpose All built facility begins to show signs of deterioration immediately after the facility is completed and put to use, thus necessitating routine maintenance. Increase in defects due to age, usage, and other factors, requires extensive maintenance activities known as renovation. The data used for a typical renovation plan can be collected using the condition assessment (CA) tool which depends on physical inspection of the defects or through a facility condition index which hinges on harnessing and analyzing the information in the operational history of the facility. The purpose of this paper is to examine the quality of a typical renovation plan using both tools. Design/methodology/approach The single case study of qualitative research was adopted. The data were collected through the principle of semi-structured questionnaire complemented with interviews and document analysis. The documents include periodic operational reports and a CA report used for planned renovation exercise of the Facilities Management (FM) Unit in a higher education institution in South Africa. Findings The findings revealed that although the FM Unit produces periodic reports, but there was no evidence of detailed analysis of the reports. Therefore, the programmed renovation exercises are based purely on the information from a CA. Research limitations/implications This research is a single site case study of qualitative research; the data collected are limited and not sufficient for generalization of the results. Furthermore, the lack of record of the analysis of the operational history in the periodic reports negatively affected the computation of facilities condition index (FCI). Thus it was not possible to demonstrate the strength of FCI over CA from empirical information. Originality/value The quality of a typical renovation plan is influenced by the tool used for data collection. Although the CA tool is commonly used, experience shows that the renovation exercise developed from such records is prone to many execution setbacks, such as frequent scope changes and the associated cost and time overruns. These setbacks can be minimized if the FCI is used as the tool for data collection.

scholarly journals The History of Forensic Linguistics as an Assisting Tool in the Analysis of Legal Terms

2018 ◽  
Vol 2 (2) ◽  
pp. 215
Author(s):  
Houtman Houtman ◽  
Suryati Suryati
Keyword(s):  
Law Enforcement ◽  
Human Life ◽  
Law Enforcement Officers ◽  
Written Language ◽  
One Dimension ◽  
Forensic Linguistics ◽  
Foreign Countries ◽  
History Of ◽  
Language And Law

One dimension of human life which become the issue and had been debated is about the used of legal terms which is against the language rules. The use of language and law are often oriented to non-substance issues, namely the used of formal legal terms which is inconsistent with the standard of the Indonesian language. As a result, such a linguistic study does not provide a functional and proportional impact in resolving the problems of the law itself. The study only becomes as an analysis report on the forms of error in the use of language in the realm of law which is expected to be a feedback for improving the quality of the language of law enforcement officers. Accordingly, the empowerment of forensic linguistics as a tool to solve the legal problems becomes important and made a choice in the field of science, especially in the universities. The various cases developing both in domestic and foreign countries have absolutely proven beneficial for forensic linguistic analysis. A lawsuit that comes from speech and transcribed in written language can be a preliminary proof the reporters used. This is also become complaint to the Police. The article examines whether forensic linguistics can be inferred unlawful speech.

A Historical Perspective on Violence Against and Policing of LGBTQ Communities

2019 ◽  
Author(s):  
Courtenay W. Daum
Keyword(s):  
Mental Health ◽  
Law Enforcement ◽  
Mental Health Disorder ◽  
People Of Color ◽  
Security Risk ◽  
Sexual Deviancy ◽  
Gay Bars ◽  
History Of ◽  
Sexual Conduct

Law enforcement has a lengthy history of policing LGBTQ communities. Throughout the 20th century, police utilized laws prohibiting same-sex sexual conduct to criminalize LGBTQ individuals, and to target public gathering places including gay bars. Sodomy prohibitions were supplemented by mental health diagnoses including assumptions about criminal pathologies among LGBTQ individuals and the government’s fear that LGBTQ individuals’ sexual perversions made them a national security risk to subject LGBTQ communities to extensive policing based on their alleged sexual deviance. The successes of the gay rights movement led the American Psychiatric Association to declassify homosexuality as a mental health disorder in the 1970s, and the U.S. Supreme Court’s decision that prohibitions on sodomy run afoul of the Constitution ended the de jure criminalization of LGBTQ individuals based on their sexual conduct. Today, policing of LGBTQ communities consists of both overpolicing and underenforcement. Law enforcement regularly profiles some facets of LGBTQ communities in order to selectively enforce general criminal prohibitions on public lewdness, solicitation, loitering, and vagrancy—consistent with the goals of “quality of life” policing—on gay men, transwomen, and LGBTQ youth, respectively. The selective enforcement of these laws often targets LGBTQ people of color and other intersectionally identified LGBTQ individuals in order to criminalize their existence based on ongoing stereotypes about sexual deviancy. In addition, police regularly fail to recognize LGBTQ individuals as victims of crimes, with the exception of particularly heinous hate crimes, and do not adequately attend to their needs and/or subject them to secondary victimization. As such, the relationship between many LGBTQ communities and law enforcement continues to be characterized by antagonisms and mistrust.

Ethnography

2018 ◽  
Author(s):  
Anthony Kwame Harrison
Keyword(s):  
Social Sciences ◽  
Qualitative Research ◽  
Ethnographic Research ◽  
The Social ◽  
History Of ◽  
Late Twentieth ◽  
Distinct Features ◽  
Late Twentieth Century

Ethnography (Understanding Qualitative Research) provides a comprehensive guide to understanding, conceptualizing, and critically assessing ethnographic research and its resultant texts. Through a series of discussions and illustrations, utilizing both classic and contemporary examples, the book highlights distinct features of ethnography as both a research methodology and a writing tradition. It emphasizes the importance of training—including familiarity with culture as an anthropologically derived concept and critical awareness of the history of ethnography. To this end, it introduces the notion of ethnographic comportment, which serves as a standard for engaging and gauging ethnography. Indeed, ethnographic comportment issues from a familiarity with ethnography’s problematic past and inspires a disposition of accountability for one’s role in advancing ethnographic practices. Following an introductory chapter outlining the emergence and character of ethnography as a professionalized field, subsequent chapters conceptualize ethnographic research design, consider the practices of representing research methodologies, discuss the crafting of accurate and evocative ethnographic texts, and explain the different ways in which research and writing gets evaluated. While foregrounding interpretive and literary qualities that have gained prominence since the late twentieth century, the book properly situates ethnography at the nexus of the social sciences and the humanities. Ethnography (Understanding Qualitative Research) presents novice ethnographers with clear examples and illustrations of how to go about conducting, analyzing, and representing their research; its primary purpose, however, is to introduce readers to effective practices for understanding and evaluating the quality of ethnography.

STATUS OF RESEARCH AND HISTORY OF ORIGIN OF THE CONCEPT “COMPETENCE APPROACH”

2019 ◽  
Vol 19 (4) ◽  
pp. 62-70
Author(s):  
Zhamilyakan Toktomambetova ◽  
◽  
Turdumambet Barpybaev ◽  
Salidin Kaldybaev ◽  
◽  
...  
Keyword(s):  
Educational Process ◽  
Point Of View ◽  
Educational Institutions ◽  
Quality Of Education ◽  
Higher Educational Institutions ◽  
History Of ◽  
Competency Based ◽  
Three Stages ◽  
The Republic

In recent years, a frequently discussed problem is the guideline of training on the educational result and the formation of students' competence. These factors form the prerequisite for improving the quality of education. Higher educational institutions of the republic pay special attention to the question of the formation of students' competence. In order to build students' competence, the educational process should be based on a competency- based approach. The article explores the issue of the formation and development of the problem of competence in education. The development of the problem is divided into three stages. The role and significance of the competency-based approach in training is revealed, the point of view of scientists on competence is analyzed.

scholarly journals Improving Qualitative Research Findings Presentations

2018 ◽  
Vol 17 (1) ◽  
pp. 160940691878633 ◽  
Author(s):  
Sheree Bekker ◽  
Alexander M. Clark
Keyword(s):  
Qualitative Research ◽  
Theoretical Basis ◽  
Methodological Quality ◽  
Qualitative Method ◽  
Genre Theory ◽  
Research Findings ◽  
Scholarly Discourse

Every year thousands of presentations of qualitative research findings are made at conferences, departmental seminars, meetings, and student defenses. Yet scant scholarship has been devoted to these presentations, their nature and relevance to qualitative research, and how they can be improved. This article addresses this important gap by positioning “research findings” presentations as a distinctive genre, part of qualitative method, and an expression of scholarly discourse. From the theoretical basis of genre theory, a number of common and damaging mistakes are found to be evident in the manner in which qualitative research findings are usually presented. These have negative implications: reducing the methodological quality of, engagement with, and overall influence of the qualitative research presented. We draw on genre theory to make recommendations for future qualitative research findings presentations to improve the rigor, influence, and impact of such presentations.

Using Specialized Knowledge in Assessing the Reliability of Testimony in Criminal Proceedings: a Retrospective, Doctrinal and Practical Approach

2020 ◽  
Vol 2 (3) ◽  
pp. 165-196
Author(s):  
E. V. Noskova ◽  
◽  
J. A. Putintseva ◽  
Keyword(s):  
Law Enforcement ◽  
Theoretical Basis ◽  
Psychological Research ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Judicial Practice ◽  
History Of ◽  
Judicial Proceedings ◽  
Special Knowledge ◽  
Psychological Knowledge

Introduction. The history of the formation and development of forensic examination as an independent type of criminal procedural activity is long and very ambiguous. The patterns of its occurrence and stages of development predetermine the importance of expertology for modern law enforcement practice. The emergence and active use of new branches of scientific knowledge determine their introduction and influence on criminal proceedings, which is clearly demonstrated by the example of psychology. Theoretical Basis. Methods. The theoretical basis of the work is the scientific developments of domestic and foreign researchers devoted to the study of the possibilities and problems of using special psychological knowledge in assessing the reliability of testimony obtained in the course of pre-trial and judicial proceedings in a criminal case. Research methods – systemic, historical, logical, comparative and hermeneutic. Results. Without psychological and pedagogical special knowledge, it is impossible to imagine modern proceedings in the vast majority of criminal cases involving minors. The article provides a retrospective analysis of the application of non-legal knowledge to reveal lies in the testimony of witnesses, systematizes the experience of modern Russian law enforcement investigative and judicial practice, examines the arguments given in scientific sources and court decisions on the use of special psychological knowledge to substantiate and assess the reliability of the testimony of participants in criminal proceedings.The work examines the current capabilities of psychology and their potential for proving in the course of criminal proceedings, cites the positions of scientists who previously studied the studied complex of material and procedural problems. Discussion and Conclusion. On the basis of the available empirical experience, the author’s conclusion is formulated about the advisability of practical use in the process of proving psychological research of a teacher-psychologist aimed at identifying psychological signs of the reliability and/or unreliability of information reported by participants in criminal proceedings, especially in the process of forming a sequence and in the course of proving, formulating investigative versions, as well as in order to substantiate the conclusions of the investigator and the court with the testimony of an expert, a specialist who conducted the corresponding study. In connection with the identified problems, the necessity of preparing explanations at the departmental level of the significance and procedure for using special psychological knowledge in criminal proceedings is substantiated.

scholarly journals Corporate Investigations: Beyond Notions of Public–Private Relations

2019 ◽  
Vol 36 (1) ◽  
pp. 86-100 ◽  
Author(s):  
Clarissa Meerts
Keyword(s):  
Public Policy ◽  
Qualitative Research ◽  
Law Enforcement ◽  
The Netherlands ◽  
Private Sector ◽  
Nation State ◽  
Law Enforcement Agencies ◽  
Theoretical Concepts ◽  
Corporate Security ◽  
Historical Origin

Based on qualitative research primarily carried out in the Netherlands, this article describes corporate investigations within the private sector in terms of investigators’ operational autonomy, which, in only a minority of cases, involves contact or cooperation with governmental law enforcement agencies. It is argued that, given this de facto public–private separation, theoretical concepts within the literature that take the nation-state as the imagined historical origin and/or continuing partner of corporate security—concepts such as privatization, responsibilization, or multilateralization—fail to capture the autonomy of corporate investigations. Furthermore, such concepts are politically distracting and potentially dangerous for public policy, since they imply that corporate security is effectively surveilled and supervised by the state within a framework of public–private cooperation. Nothing could be further from the truth; indeed the limited liaisons that do occur are initiated by the private sector.

scholarly journals SOME QUESTIONS OF THE METHODOLOGY OF HISTORICAL AND LEGAL STUDIES OF THE IDEOLOGICAL AND THEORETICAL BASIS OF IMPLEMENTATION OF THE PRINCIPLE OF SEPARATION OF POWERS IN THE REPUBLIC OF POLAND

2018 ◽  
Vol 64 ◽  
Author(s):  
I.S. Yatsenko
Keyword(s):  
Theoretical Basis ◽  
Separation Of Powers ◽  
Legal Research ◽  
Communist State ◽  
Legal Studies ◽  
Democratic State ◽  
History Of ◽  
The Republic

The article attempts to systematize the components of the methodology of historical and legal research, which should be applied in the research of the ideological and theoretical basis of implementation of the principle of separation of powers. Consideration of the components of the methodology of historical and legal research was carried out using the example of the Republic of Poland, which has a long history of origin, development and implementation of the idea of separation of powers and today, like Ukraine, is still in the period of its political and legal transformation from a post-communist state to a developed democratic state.

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