scholarly journals Pemikiran Abdullah Ahmed An-Naim tentang Dekontruksi Syari’ah sebagai Sebuah Solusi

2018 ◽  
Vol 20 (2) ◽  
pp. 145
Author(s):  
Ahmad Taufiq
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Legal Issues ◽  
Self Determination ◽  
Equal Rights ◽  
Collective Rights ◽  
The Third ◽  
Gender Based ◽  
Theory Of Law

The laws contained in the Qur'an still exist that require interpretation and have the potential to develop. Muslims worldwide may be entitled to apply Islamic law, provided it does not violate the rights of other people and groups, both within and outside of the Islamic community. That is, in claiming and using individual and collective rights to self-determination, Muslims must also recognize and guarantee equal rights for others. Abdullah, descriptive-analytical nature. Ahmed An-Naim to answer the gap between shari'ah and issues of modernity . Shari'a decontructions are used for Islamic legal issues using the Knife of Analysis used first by Mahmud Thaha's Theory of Law Evolution, the second nasikh mansukh theory, the third  Makiyyah and Madaniyah, the fourth the interpretation of the gender-based text, the fifth concept of shari'a on human rights

scholarly journals Pemikiran Abdullah An-Na`Im Tentang Teori Evolusi Syari`Ah (Nasakh) Dan Relevansinya Dengan Metode Istinbath Hukum Islam

2020 ◽  
Vol 5 (1) ◽  
pp. 1
Author(s):  
Dwi Sagita Akbar ◽  
Busyro Busyro ◽  
Afifi Fauzi Abbas
Keyword(s):  
Human Rights ◽  
International Law ◽  
Islamic Law ◽  
Legal Issues ◽  
High Complexity ◽  
Classical Scholar ◽  
Contemporary Islam

<em>In order to offer a transformative discourse Abdullah Ahmad An-Na'im build a method he called with the evolution of Shari'ah (abrogated). According to him the method can respond to contemporary issues at this time. Because he assumed that abrogating is one of the principal methods and has a wide and high complexity in theology and fiqh (jurisprudence) of Islam. He tries to deconstruct abrogated method and also some methods of ijtihad that had been considered settled by the classical scholar. Abdullah Ahmad An-Na'im radically have done repeated studies against the epistimologi Islamic law as well as the mereformulasi return and customize it with the standard of human rights as well as international law as a benchmark. The method developed by Abdullah Ahmad An-Na'im, he stated three important things that need to be done to realize the abrogating. Text, values of humanity, and logic. He also overestimated human rights, so that a text (paragraph) may be enforced in accordance with human rights. In order to answer the legal issues of contemporary Islam.   </em>

scholarly journals The Islamic Law of Marriage and Inheritance in Kenya

2021 ◽  
pp. 1-25
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Case Law ◽  
Equal Rights ◽  
High Court ◽  
Personal Status ◽  
The Right ◽  
Law Of Succession ◽  
Court Of Appeal ◽  
Islamic Marriage

Abstract Article 24(4) of the Constitution of Kenya qualifies the right to equality “to the extent strictly necessary for the application of” Islamic law “in matters relating to personal status, marriage, divorce and inheritance”. Section 3 of the Marriage Act provides that, although spouses have equal rights during marriage and at its dissolution, “the parties to an Islamic marriage shall only have the rights granted under Islamic law”. The Law of Succession Act states that it is generally not applicable to the estate of a deceased Muslim. In this article, the author examines case law from the Kadhi's Court, the High Court and the Court of Appeal on issues of Muslim marriages and inheritance. These cases illustrate, in some instances, the tensions between Islamic law and human rights.

Human Rights under State Socialism

1984 ◽  
Vol 32 (3) ◽  
pp. 349-368 ◽  
Author(s):  
David Lane
Keyword(s):  
Human Rights ◽  
Interest Groups ◽  
Theory And Practice ◽  
The Other ◽  
The West ◽  
Russian Culture ◽  
Collective Rights ◽  
Normative Approach ◽  
The Third ◽  
The One

The paper is in four parts. The first outlines the debate that has occurred in the West about whether human rights, and about what human rights, are desirable and possible in socialist states. In the second it is contended that the normative approach to rights in socialist states has been influenced but not determined by the theory and practice of the USSR. Human rights under Marxism–Leninism are ambiguously defined: there is an unresolved tension between individual (and group) rights, on the one hand, and class and collective rights on the other. Socialist states, it is claimed, have different units, types of claims and priorities of rights. In the third section, it is argued that the Soviet model of rights has a particular correspondence with Russian culture. Its impact on other socialist countries (Poland is considered, as an illustration) depends on the internal social structure (the strength of interest groups) and the degree of legitimacy of the state. Finally, some prognostications are offered concerning the dynamics and likely developments of rights claims under socialism.

The Fate of Human Rights in the Third World

1975 ◽  
Vol 27 (2) ◽  
pp. 201-226 ◽  
Author(s):  
Rupert Emerson
Keyword(s):  
Human Rights ◽  
Third World ◽  
Authoritarian Regimes ◽  
Self Determination ◽  
Right To Life ◽  
Popular Participation ◽  
The Third ◽  
The Right ◽  
The Third World ◽  
The Military

The new Asian and African states have laid much stress on human rights, but have often not lived up to them. The basic right of self-determination has been limited to colonies only. Democratic institutions have generally given way to authoritarian regimes, often run by the military, with popular participation denied rather than encouraged. The right to life, liberty, and security of person has been grossly violated in the cases of millions of refugees, temporary and permanent, in Africa and the Asian subcontinent. Many hundreds of thousands have been killed in domestic conflicts, as in Indonesia, Nigeria, and Burundi. One of the results is the emergence of a double standard: an all-out African and Asian attack upon the denial of human rights involved in colonialism and racial discrimination, but a refusal to face up to massive violations of human rights in the Third World itself.

scholarly journals The principle of equal rights and self-determination of peoples within the system of the fundamental principles of international law

2021 ◽  
pp. 39-53
Author(s):  
Azer Kagraman Ogly Kagramanov
Keyword(s):  
Human Rights ◽  
International Law ◽  
International System ◽  
Self Determination ◽  
Equal Rights ◽  
Legal Concept ◽  
Stage Of Development ◽  
Jus Cogens ◽  
Multiple Experts

The subject of this research is the place and role of the principle of equal rights and self-determination of peoples within the system of the fundamental principles of international law. Analysis is conducted &nbsp;on the basic questions of the theory of international law &ndash; correlation between the principle of self-determination with other peremptory norms (jus cogens) and moral-ethical categories. Special attention is given to the problem of building a hierarchy of the fundamental principles of international law. A bias towards one of them leads to the disruption of the international system and order, and any attempts to extract a single link out of closely related principles of the international law are doomed to fail. The conclusion is drawn that multiple experts in international law try to build the system by extracting key link, which raises serious doubts. The author believes that all the principles of international law are interrelated and equal. The emerged at the turn of the XX &ndash; XXI centuries international legal concept of the &ldquo;Responsibility to Protect&rdquo; is of crucial importance. The concept interacts with the principle of respect for the human rights. The author concludes that universalization of human rights at the current stage of development of the international law can reveal the new aspects of the problems of state sovereignty and the right to self-determination. The author warns against the attempts to universalize human rights by giving priority, along with other principles. The author follows the logic of correlation of the principle of self-determination with other fundamental principles of international law such as: nonintervention in the internal affairs and non-use of force or threat of force, sovereignty, peaceful settlement of disputes by all means known to international law, cooperation between states and diligent discharge of obligations in accordance with the international law underlie the solution to the problem of self-determination; if various aspects of this problem extend beyond a single state, then acquire international scale.

Black Internationalist Feminism

2017 ◽  
Author(s):  
Cheryl Higashida
Keyword(s):  
Human Rights ◽  
Black Women ◽  
Economic Freedom ◽  
Third World ◽  
Black Belt ◽  
Self Determination ◽  
Economic Rights ◽  
The Third ◽  
The Third World

This introductory chapter describes Black internationalist feminism. Black internationalist feminism challenged heteronormative and masculinist articulations of nationalism while maintaining the importance, even centrality, of national liberation movements for achieving Black women's social, political, and economic rights. As a corollary of the Communist Party's Black Belt Nation Thesis—which prioritized African American struggles for equality, justice, and self-determination—women of the Black Left asserted that Black women had special problems that could not be deferred or subsumed within the rubrics of working-class or Black oppression and that in fact were integral to the universal struggle for human rights and economic freedom. Moreover, women of the Black Left understood that essential to the liberation of African Americans, the Third World, and the worldwide proletariat was the fight against heteropatriarchy, which exacerbated oppression within as well as between nations.

scholarly journals Neo-extractivist controversies in Bolivia: indigenous perspectives on global norms

2018 ◽  
Vol 15 (1) ◽  
pp. 88-102
Author(s):  
Jessika Eichler
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Indigenous Communities ◽  
Fundamental Rights ◽  
Self Determination ◽  
Collective Rights ◽  
Implementation Processes ◽  
Indigenous Perspectives ◽  
Increasing Demand

AbstractEver since Evo Morales Ayma became Bolivia's first indigenous president in 2006 and the promulgation of a human-rights-enhancing Constitution (2009) thereafter, indigenous peoples’ rights were gradually recognised. Yet, with the increasing demand for natural resources, indigenous communities have been adversely affected by the state's neo-extractivist policies. While global indigenous rights norms protect their fundamental rights, legal-implementation processes in the country's lowlands reveal dilemmas in terms of the value of laws in practice as well as its reinterpretation on the ground. Namely, in the communities, different positions and camps have emerged in terms of the role and functions of participatory rights. Despite the potential of the latter in strengthening collective-rights regimes and self-determination, community leaders, advisers and other members report how such processes fracture and weaken decision-making mechanisms and human rights claims.

scholarly journals „Kolektywne” prawa człowieka źródłem ochrony mniejszości?

2018 ◽  
Vol 3 (1) ◽  
pp. 6-22
Author(s):  
Georg Lohmann
Keyword(s):  
Human Rights ◽  
Third Generation ◽  
Collective Rights ◽  
The Third ◽  
Political Problem ◽  
A Current

Protection of minorities is a current and worldwide political problem. Therefore, the article discusses Will Kymlicka’s proposals regarding an idea of a ‘collective’ right, that is, a right of which a holder is a collective. This kind of a right is supposed to extend the canon of human rights in order to include the collective rights (as human rights of the third generation).

scholarly journals Women In Pakistan: Victim Of Gender-based Discrimination

2009 ◽  
Vol 2 (1) ◽  
pp. 141-149
Author(s):  
Samina Saeed ◽  
Rubina Saeed ◽  
Muhammad Kamran Khan
Keyword(s):  
Human Rights ◽  
Universal Declaration ◽  
Equal Rights ◽  
Gender Based

This paper intends to discuss the gender-based discrimination faced by the women in Pakistan. It has substantially reduced their status in the society. Despite the fact that equal rights and safeguards have been assured by the Constitution, Universal Declaration of Human Rights and CEDAW, they remain insecure and marginalized. This paper also suggests measures and recommendations in order to overcome the hindrances faced by the women in achieving proper status and recognition in our society.

Human Rights and Collective Self-Determination

2018 ◽  
Author(s):  
Peter Jones
Keyword(s):  
Human Rights ◽  
International Law ◽  
Self Determination ◽  
Collective Good ◽  
Moral Thinking ◽  
Group Rights ◽  
Collective Rights ◽  
Collective Goods ◽  
Collective Self ◽  
The Relationship

The doctrine of human rights has been closely associated with rights of collective self-determination in both international law and moral thinking. How should we conceive their relationship? Can the first subsume the second? Many commentators think not since human rights are rights of individuals while rights of collective self-determination must be group rights. This chapter presents a conception of group rights as collective rights and examines the relationship between group rights so conceived and collective goods. It argues that some collective rights can be human rights and these include the collective right to the collective good of self-determination. The link between human rights and peoples’ rights to self-determination is not however complete. The doctrine of human rights can incorporate the principle that the determined should also be the determiners but it cannot tell us how humanity should be divided into peoples each of whom is entitled to be self-determining.

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