scholarly journals PERSPEKTIF COULSON TERHADAP RUMUSAN DIALEKTIKA HUKUM ISLAM

Al-Ahkam ◽  
2012 ◽  
Vol 22 (2) ◽  
pp. 121
Author(s):  
Akhwan Fanani
Keyword(s):  
Social Development ◽  
Historical Development ◽  
Social Dynamics ◽  
Islamic Law ◽  
Empirical Studies ◽  
Social Reality ◽  
Theory And Practice ◽  
Historical Approach ◽  
Social Facts ◽  
History Of

<p class="IABSSS">Law will always evolve and dialectic with social dynamics. Coulson see that the dynamics of the Islamic law occurs through the efforts of reinterpretation of Islamic sources when there is a gap between theory and practice. With a historical approach, Coulson mapped the development of Islamic law so that he made six dialectic formulation of Islamic law which is an in-depth reading in seeing the historical development of Islamic law. According to Coulson, Islamic law is idealistic and away from social reality. Islamic law is determined by social facts and reduced as a man-made law. Coulson’s propositions departed from empirical studies of the historical development of Islamic law. Coulson formulas can be used to understand further the reality of the development of Islamic law, so Muslims can understand what really happened in the history of Islamic law and scientific perspective. It can be used to perform introspection for Muslims to develop further the Islamic legal thought and in accordance with the existing social development. This paper intends to review critically the ideas of Coulson.</p><p class="IABSSS">***</p><p class="IABSSS">Hukum akan selalu berkembang dan berdialektika dengan dinamika sosialnya. Coulson melihat bahwa dinamika hukum Islam terjadi melalui upaya penafsiran kembali sumber-sumber Islam ketika ada kesenjangan antara teori dengan praktek. Dengan pendekatan historis Coulson memetakan perkembangan hukum Islam sehingga ia membuat enam rumusan dialektika hukum Islam yang merupakan sebuah pembacaan yang mendalam dalam melihat sejarah perkembangan hukum Islam. Menurut Coulson hukum Islam bersifat idealistik dan jauh dari realitas sosial dan apa yang ia inginkan adalah hukum Islam ditentukan oleh fakta-fakta sosial dan direduksi sebagai hukum buatan manusia. Proposisi-proposisi Coulson berangkat dari penelitian empiris mengenai sejarah perkembangan hukum Islam. Rumusan-rumusan Coulson dapat digunakan untuk lebih memahami realitas perkembangan hukum Islam, sehingga umat Islam bisa memahami apa yang sebenarnya terjadi dalam sejarah perkembangan hukum Islam dan perspektif keilmuan. Hal itu bisa dipergunakan untuk melakukan introspeksi bagi umat Islam untuk mengembangkan pemikiran hukum Islam lebih lanjut dan sesuai dengan perkembangan sosial yang ada. Artikel ini bermaksud untuk mereview secara kritis pemikiran Coulson tersebut. </p><p class="IABSSS">***</p><div class="WordSection1"><p class="IAKEY" align="left">Keywords: dialektika, Hukum Islam, <em>conflict</em><em> and tension</em>, <em>ijtihād</em></p></div>

African Colonial States

2013 ◽  
Author(s):  
Heather J. Sharkey
Keyword(s):  
Social Development ◽  
Theory And Practice ◽  
Colonial Administration ◽  
Wide Range ◽  
History Of ◽  
Nineteenth And Twentieth Centuries ◽  
Postcolonial States ◽  
North And South

This chapter sketches a history of European colonial states in Africa, north and south of the Sahara, during the nineteenth and twentieth centuries. It explains when and why colonial states emerged, what they did, how they worked, and who shaped them. Noting discrepancies between the theory and practice of colonial administration, the chapter shows that colonial administration was far more diffuse and less closely coordinated than official discourses of governance suggested. The performance of colonialism involved a wide range of actors: not only European military and civilian elites and African chiefs, but also African translators and tax collectors, as well as European forestry experts, missionaries, anthropologists, and settlers. The chapter also considers debates over reconciling the violence and exploitation of colonial states with their claims to, and aspirations for, social development in Africa, particularly in light of their relationship to the postcolonial states that succeeded them.

scholarly journals Comment on “On History and Policy: Time in the Age of Neoliberalism”

2015 ◽  
Vol 9 (1) ◽  
pp. 33-40
Author(s):  
Wolfgang Streeck
Keyword(s):  
Social Science ◽  
Social Development ◽  
Institutional Change ◽  
Social Life ◽  
Social Dynamics ◽  
Social Reality ◽  
Social Scientists ◽  
Systematic Theory ◽  
The World ◽  
Development And Evolution

It is not only economics that needs to regain a sense of history but also much of social science. Like economists social scientists need to liberate themselves from a Newtonian clockwork view of the world, and from a view of social reality as an emanation and arbitrary illustration of universal laws governing social life in general. Social science needs a renewed awareness of its origins in a systematic theory of historical social development and evolution, of endogenous social dynamics, and of directionality of social and institutional change, especially in contemporary capitalism, free from historical teleology and economic determinism.

scholarly journals History of creating curricula, programs and textbooks on foreign language for universities of Kazakhstan

2021 ◽  
Vol 16 (5) ◽  
pp. 2726-2741
Author(s):  
Nurbayeva Aida ◽  
Ongarbayeva Aliya ◽  
Khavaidarova Mekhirnis ◽  
Smailova Feruza ◽  
Kalambayeva Gulzhan
Keyword(s):  
Foreign Language ◽  
Social Development ◽  
Foreign Language Teaching ◽  
Theory And Practice ◽  
Foreign Languages ◽  
Modern World ◽  
Human Society ◽  
The Social ◽  
History Of ◽  
Pedagogical Analysis

Like any private didactics the methodology of teaching foreign languages, has its own history, knowledge of which is necessary for understanding the main stages of development of the theory and practice of teaching, the variety of approaches and methods of teaching foreign languages in the modern world. This study aims to research the history of creating curricula, programs and textbooks on foreign language for universities of Kazakhstan. The research conducted a  Historical and pedagogical analysis which showed that foreign language teaching has its roots in the deep past, and played a huge role in the development of human society, since it determined the progress of the transferring the methodological experience and contributed to the social development of mankind. Keywords: foreign language;  ideological principles; historical; pedagogical analysis  .    

scholarly journals Tracing the Genealogy of Maqāṣid al-Sharī'ah Concept: A Historical Approach

Al-Ahkam ◽  
2021 ◽  
Vol 31 (1) ◽  
pp. 69-90
Author(s):  
Amir Tajrid
Keyword(s):  
Islamic Law ◽  
Scientific Discipline ◽  
Analytic Method ◽  
Historical Approach ◽  
Second Development ◽  
Prevailing Paradigm ◽  
History Of

This paper aims to explore the emergence, continuity and shifting of the meaning of maqāṣid al-sharī’ah. Initially, maqāṣid al-sharī’ah entered into the study of uṣūl al-fiqh and later became an independent scientific discipline. Historically, the journey of maqāṣid al-sharī’ah has four periods, namely, the pre-codification era, the first development era, the second development era, and the maturation era as a scientific discipline. This paper is qualitative with a descriptive-analytic method, namely exploring the concept of maqāṣid al-sharī’ah in various literature. The findings in this paper are, first, the history of the emergence and development of maqāṣid al-sharī’ah is closely related to the enforcement of Islamic law. Second, the continuity of maqāṣid al-sharī'ah is an ideological concept because it is based on the prevailing paradigm

scholarly journals Historiografi Mahar Hafalan Alquran Dalam Pernikahan

2019 ◽  
Vol 6 (2) ◽  
pp. 15-36
Author(s):  
Ibnu Irawan ◽  
Jayusman Jayusman ◽  
Agus Hermanto
Keyword(s):  
Islamic Law ◽  
Historical Review ◽  
Historical Approach ◽  
History Of ◽  
The One ◽  
Interesting Development ◽  
Society Today ◽  
People Today

The Messenger of Allah (PBUH) was easy to give his marriage dowry in keeping with the Qur'an.The history of The Islamic Dowry preserved the Qur'an from its beginning to the present has witnessed an interesting development of the study.The dowry of the qur'an's preservation of the marriage practiced by people today is driven by the lack of conformity with the history that occurred at the time.From previous backgrounds, the author is more studying through a historical approach to discovering developments that have taken place since the beginning of the Qur'an.'The results of this study show that the payment of a dowry from the Qur'an is currently witnessing the development of the meaning of dowry on the one hand, which is actually happening and the bottom now in society today is not limited to concern with the elements of rightsonly women, but increased attention to other aspects as well as the circumstances of the interest of the rightsTherefore, islamic law in its historical review is valid for all time and place. Keywords: RightsWomen: Marriage Dowry: History: Memorizing the Qur'an. 

PEMIKIRAN IBN HAZM TENTANG HUKUM ISLAM

2021 ◽  
Vol 8 (1) ◽  
pp. 1-16
Author(s):  
Muhammad Fatih Rusydi Syadzili
Keyword(s):  
Islamic Law ◽  
Social Reality ◽  
Fair Treatment ◽  
Hermeneutic Approach ◽  
History Of ◽  
Literature History ◽  
The Times ◽  
Muslim Communities ◽  
Almost All ◽  
Scientific Fields

This study aims to analyze the principles of fiqhiyyah about fair treatment of both Muslims and non-Muslim communities. This study uses a hermeneutic approach, a study that emphasizes the analysis of a verse text. Hermeneutics is widely used in the study of texts in almost all scientific fields, including: philosophy, art, literature, history, law, and others, including the study of Islamic law. One of the characteristics of Islamic law is its position in the realm of idealism and positivism. Idealism because Islamic law is a law that comes from Allah SWT. and it is said to be positivism because within certain limits Islamic law is always up to date with the times. The results show that the history of the formation and application of sharia is strongly influenced by the conditions in which it was formulated. The implication is that Islamic legal products that actually come from the same text, namely al-Qur'an and al-Sunnah, can produce different legal products when the context of the problem is different. In addition, the different perspectives and approaches used by the ulama in analyzing social reality also have an effect on the legal products produced, so it is not strange if the scholars have different opinions on the same case.

MEMBANGUN PERADABAN MELALUI PRINSIP KESETARAAN SYARI’AT

2020 ◽  
Vol 7 (2) ◽  
pp. 90-106
Author(s):  
Bachtiar Hariyadi
Keyword(s):  
Islamic Law ◽  
Social Reality ◽  
Fair Treatment ◽  
Hermeneutic Approach ◽  
History Of ◽  
Literature History ◽  
The Times ◽  
Muslim Communities ◽  
Almost All ◽  
Scientific Fields

This study aims to analyze the principles of fiqhiyyah about fair treatment of both Muslims and non-Muslim communities. This study uses a hermeneutic approach, a study that emphasizes the analysis of a verse text. Hermeneutics is widely used in the study of texts in almost all scientific fields, including: philosophy, art, literature, history, law, and others, including the study of Islamic law. One of the characteristics of Islamic law is its position in the realm of idealism and positivism. Idealism because Islamic law is a law that comes from Allah SWT. and it is said to be positivism because within certain limits Islamic law is always up to date with the times. The results show that the history of the formation and application of sharia is strongly influenced by the conditions in which it was formulated. The implication is that Islamic legal products that actually come from the same text, namely al-Qur'an and al-Sunnah, can produce different legal products when the context of the problem is different. In addition, the different perspectives and approaches used by the ulama in analyzing social reality also have an effect on the legal products produced, so it is not strange if the scholars have different opinions on the same case.

scholarly journals Analytical Review of Noel James Coulson Book’s A History of Islamic Law

2020 ◽  
Vol 3 (01) ◽  
pp. 168-189
Author(s):  
Dr. Muhammad Ilyas ◽  
Dr. Zainab Ameen
Keyword(s):  
Critical Review ◽  
Islamic Law ◽  
Legal Reform ◽  
Theory And Practice ◽  
Law System ◽  
Muslim Society ◽  
Muslim Countries ◽  
Islamic Jurisprudence ◽  
Analytical Review ◽  
History Of

The Western Orientalism movement had resulted in the creation of a large academic asset of Islamic literature. The Orientalists had struggled in two ways; by introducing and editing old Islamic manuscripts, and by commenting on the various aspects of the Prophet’s (PBUH) life and his traditions. Moreover, some Orientalists had worked on the Islamic jurisprudence, too. As   Coulson, have been discussed analytical studies of Islamic jurisprudence,  in this regard his book, “ The History of Islamic Law”, is a sorely needed book; it will substantiate a highly impactful, direly beneficial and effective book; and above all, it is a remarkably well-constructed book. Mr. Coulson’s compact volume is a clear, comprehensive, and authoritative treatment of the genesis and history of Islamic law in theory and practice, and of the central problem of legal reform now confronting Muslim society. Islamic law, the Sharia of medieval Islam, is for Muslims and the comprehensive catalogue of God’s commands and recommendations laid down for the guidance of man… In recent times, with the wholesome adoption by Muslim countries of western legal ideas and institutions, the Sharia has seemingly been all but forsaken and abandoned… Unless the idea of a law system based on religion is to be abandoned entirely… [Coulson] points out, the task for modern Muslims, like that of their medieval predecessors, is once more to ascertain and impose the central ethical criterion norms of Islam upon the functioning’s of their society. N. J. Coulson was a chair of oriental laws at the School of Oriental and African Studies, University of London. In this article the analytical and critical review is discussed.

scholarly journals The idea of equality as a double-bind of modern civilization

2021 ◽  
Vol 2 (12) ◽  
pp. 27-30
Author(s):  
N. S. OBOTUROVA ◽  
Keyword(s):  
Social Development ◽  
Legal Theory ◽  
Theory And Practice ◽  
Double Bind ◽  
Human Thought ◽  
History Of ◽  
Legal Thinking ◽  
Judicial Protection

Analysis of the evolution of the idea of equality from its classical to its modern interpretations shows that in the history of human thought there have been many delusions, erroneous and false representations based on the understanding of equality not as an idea, direction, but as a really operating inevitable law. The absolutized literal understanding of equality, which is spreading today in the postmodern pluralistic worldview, turns it according to the author into a trap, a double-bind of modern civilization and creates disformative risks. Considering equality from the standpoint of the libertarian-legal type of legal thinking as primarily formal legal, the author analyzes the dialectics of equality and inequality, shows the conceptual, programmatic nature of the idea of equality in modern social development. It is equality in rights as a guaranteed by law and guaranteed by judicial protection the ability to realize in various spheres of life that has conceptual significance for the development of modern legal theory and practice and acts as a stabilizing basis for the development of our civilization.

scholarly journals Cadar dan Aturan Berpakaian Dalam Perspektif Syariat Islam

2020 ◽  
Vol 5 (2) ◽  
pp. 227-240
Author(s):  
Hasiah Hasiah
Keyword(s):  
Islamic Law ◽  
Literature Study ◽  
Historical Approach ◽  
Library Research ◽  
History Of ◽  
The Veil ◽  
Islamic Society

The purpose of this study are: 1) Knowing the nature of the veil, 2) Knowing the history of the emergence of veils in the culture of Islamic society, 3) Knowing the perspective of Islamic law on the use of veils. This type of research is a literature study (Library Research), the object in this study is the concept of veil in the perspective of sharia based on the Qur'an and hadith, the veil controversy in the culture of society. Data is collected by quoting, analyzing using the legal and historical approach methods that occur regarding the use of veils in people's lives.So the veil is a part of sharia after Islam came which was brought by the Prophet Muhammad. And it is also a culture that has occurred for generations before the existence of Islam (jahiliyah period).

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