scholarly journals Political Promises in the Lens of Islamic Theology and Jurisprudence: A Case Study of Surabaya Mayor Election 2020

2020 ◽  
Vol 28 (2) ◽  
pp. 145-170
Author(s):  
M. Asrorun Niam Sholeh
Keyword(s):  
Legal Status ◽  
Analysis Data ◽  
Online Media ◽  
Political Realism ◽  
Islamic Theology ◽  
Communication Practice ◽  
Library Research ◽  
Moral Standards ◽  
The Status

This research studied the status of political promises declared by Mayor candidates of Surabaya election 2020 during their campaigns started from September 26, 2020. It was field-library research with qualitative analysis. Data were collected by observing online media that particularly reports the election's campaign activities. They were then analyzed by using Islamic theology and jurisprudence approaches combined with structural-functionalism, symbolic interactionism, and social contract theories. It found four main remarks: first, Quranic verses and Prophetic traditions as theological underpinnings have definitely guided moral standards of Islamic politics, especially how to make such political promises. Secondly, the political realism of promises is a language of transactional politics and communication practice. Thirdly, political promises could only be legitimated by fulfilling strike pre-requirements and within very urgent conditions. Finally, the legal status of political promises must be contextual and conditional.

scholarly journals Combatting hate and trolling with love and reason? A qualitative analysis of the discursive antagonisms between organized hate speech and counterspeech online

2020 ◽  
Vol 9 (4) ◽  
pp. 540-572
Author(s):  
Nadine Keller ◽  
Tina Askanius
Keyword(s):  
Social Media ◽  
Content Analysis ◽  
Hate Speech ◽  
Qualitative Content Analysis ◽  
Online Media ◽  
Moral Standards ◽  
Online Spaces ◽  
Media Practices ◽  
Good And Evil

An increasingly organized culture of hate is flourishing in today’s online spaces, posing a serious challenge for democratic societies. Our study seeks to unravel the workings of online hate on popular social media and assess the practices, potentialities, and limitations of organized counterspeech to stymie the spread of hate online. This article is based on a case study of an organized “troll army” of online hate speech in Germany, Reconquista Germanica, and the counterspeech initiative Reconquista Internet. Conducting a qualitative content analysis, we first unpack the strategies and stated intentions behind organized hate speech and counterspeech groups as articulated in their internal strategic documents. We then explore how and to what extent such strategies take shape in online media practices, focusing on the interplay between users spreading hate and users counterspeaking in the comment sections of German news articles on Facebook. The analysis draws on a multi-dimensional framework for studying social media engagement (Uldam & Kaun, 2019) with a focus on practices and discourses and turns to Mouffe’s (2005) concepts of political antagonism and agonism to operationalize and deepen the discursive dimension. The study shows that the interactions between the two opposing camps are highly moralized, reflecting a post-political antagonistic battle between “good” and “evil” and showing limited signs of the potentials of counterspeech to foster productive agonism. The empirical data indicates that despite the promising intentions of rule-guided counterspeech, the counter efforts identified and scrutinized in this study predominantly fail to adhere to civic and moral standards and thus only spur on the destructive dynamics of digital hate culture.

scholarly journals PROBLEMATIKA IDDAH WANITA HAMIL DI LUAR NIKAH

Mahakim ◽  
2018 ◽  
Vol 2 (2) ◽  
Author(s):  
Moh. Nafik
Keyword(s):  
Pregnant Women ◽  
Legal Status ◽  
Islamic Law ◽  
Descriptive Analysis ◽  
Library Research ◽  
Marriage Contract ◽  
The Status ◽  
The Subject ◽  
Written Materials ◽  
Legal Consequences

There are many aspects that need to be studied to see and understand in detail, including the study of the opinions of ulama ‘and KHI in addressing the problematic marriage of pregnant women out of wedlock. In this study, researchers sought to examine these two perspectives by looking at the underlying factors of the contovercial marriage of pregnant women out of wedlock in Indonesia. This is very urgent because the differences in legal consequences contained in KHI and perceptions of ulama ‘, which are actually manifestations of Islamic law are very visible. As in Article 53 KHI which tends to open wide the possibility for people who are not responsible for adultery, coupled with the legal consequences contained in KHI for adulterers is very light compared to the had law applied in some Islamic countries. To simplify this research, the compilers use a type of library research (library rescarch), whose data sources are extracted from written materials in the form of legal texts, both in the form of verses of the Qur’an, the books of hadith, rules of Islamic law and other written sources that are relevant to the subject matter of the marriage of pregnant women out of wedlock. The nature of this research is descriptive-analysis-comparative research. Because this study besides describing the marriage of pregnant women in the study of fiqh science descriptively, also compared the opinions of ulama ‘and KHI regarding the status of iddah for pregnant women out of wedlock. From the perceptions of ulama ‘and KHI, then the conclusion arises that there are differences of opinion between the two. For the Mālikī the marriage of pregnant women out of wedlock is divided into the marriage of pregnant women due to adultery with men who impregnate (biologically) and / or with other men (non-biological). Whereas KHI is more general and does not differentiate with whom the woman will marry. Apart from that, the child is pregnant. Pregnant women out of wedlock may be married by someone who impregnates her or by someone else who is not impregnating her, because there is no real prohibition from the Koran or Hadith. And the legal status of a legal marriage contract while fulfilling the pillars and the marriage conditions that have been determined by Islamic law, in addition there is also an element of benefit. Keywords: Iddah, Pregnant Outside of Marriage, Hamil Di Luar Nikah

scholarly journals Degrees of Statelessness: Children of Returned Marriage Migrants in Can Tho, Vietnam

2019 ◽  
Vol 1 (1) ◽  
pp. 69-94
Author(s):  
Susan Kneebone ◽  
Brandais York ◽  
Sayomi Ariyawansa
Keyword(s):  
Data Collection ◽  
Legal Status ◽  
Household Registration ◽  
International Marriage ◽  
Law And Policy ◽  
Conceptual Debate ◽  
Marriage Migrants ◽  
The Status ◽  
Foreign Nationality

In this article, we consider the issue of the status of children of international marriage migrants who are returned to Vietnam following a failed marriage in another country. We argue that many of these children can considered to be de facto stateless due to their lack of ‘effective nationality’ in Vietnam. While the children, ethnically, are ‘half Vietnamese’ their legal status is often precarious in Vietnam as many of them hold a foreign nationality. Although their situations vary, we argue that their cases fall on a spectrum of different degrees of statelessness. In many cases their lack of household registration — ho khau — has resulted in ‘ineffective nationality’, which we argue is de facto statelessness. In this article, we present findings from data collection undertaken between 2015–19 in Can Tho, Vietnam and suggest how law and policy could address the issue. We argue that our findings provide a useful case study for considering the importance of effective nationality, which we situate within the broader conceptual debate surrounding de facto statelessness.

scholarly journals News translation in the digital age: A case study of Vice.com

2019 ◽  
Vol 2 (1) ◽  
pp. 1-10
Author(s):  
Annisa Cinantya Putri
Keyword(s):  
Data Analysis ◽  
Comparative Analysis ◽  
Data Collection ◽  
Initial Data ◽  
Analysis Data ◽  
Online Media ◽  
Translation Strategies ◽  
The Media ◽  
Oriented Approach

Translation-mediated events get circulated globally through the media. This paper focuses on studying how events in, about, and pertaining Indonesia in general are presented to the foreign audience through translation. To that end, this paper employs descriptive product-oriented approach and translation transformation strategies adapted from those proposed by translation scholars. The data were collected from an online media, VICE Indonesia, and were limited to Indonesian source texts and their English target texts published in November 2018. Following initial data collection, 10 pairs of target and source texts were compiled for comparative analysis. Data analysis revealed that adaptation and re-contextualization of target texts occurred. They are found most prominently in the title and lead sections, although an analysis on the articles’ content also show that the target texts’ contents also experience similar changes. Among these changes, the most noticeable are recomposition of paragraphs, omission and substitution or paragraphs, and different choice of source of quote. Ultimately, although the target texts maintain to some degree of semblance to the source texts, new realities and perspectives emerge as the result of these translation strategies.

PELAKSANAAN HUKUM KEWARISAN ISLAM DI PENGADILAN AGAMA BANTEN

ALQALAM ◽  
2013 ◽  
Vol 30 (1) ◽  
pp. 158
Author(s):  
Yusuf Somawinata
Keyword(s):  
Key Words ◽  
Islamic Law ◽  
Survey Methods ◽  
Adopted Children ◽  
Inheritance Law ◽  
Library Research ◽  
The Ideal

This article aims at describing the obseroance of wasiat wajibah (compulsory bequeathment) in the Islamic court of Banten, analyzing the provision of the substitute heir and adopted children in the Compilation of  Islamic Law (KHI). In addition, the ideal laws to manage the innheritance rules in Indonesia. This article is library research by using doctrinal approach and using case study and survey methods. The data was, then, analyzed by using analytical descriptive and analytical correlative methods. The result showed that the observance of wasiat wajibah in the Islamic court of  Banten employed by judges is by using the Mawali Hazairin’s Doctrine. The criteria of the adoption of substitute heir and adopted children in the KHI is the attempts of Ulama and many judgees junst in giving legal justice and certainty to the society.   Key Words: Islamic Inheritance Law, Compilation of Islamic Law, Islamic court of  Banten

Varied Responses to Human-Induced Seismicity in the City of Azle, Texas

2019 ◽  
Vol 3 (1) ◽  
pp. 1-8
Author(s):  
Sarmistha R. Majumdar
Keyword(s):  
State Government ◽  
Induced Seismicity ◽  
Oil And Gas ◽  
The United States ◽  
The State ◽  
Prior History ◽  
Small Community ◽  
Regulatory Policies ◽  
The Status

Fracking has helped to usher in an era of energy abundance in the United States. This advanced drilling procedure has helped the nation to attain the status of the largest producer of crude oil and natural gas in the world, but some of its negative externalities, such as human-induced seismicity, can no longer be ignored. The occurrence of earthquakes in communities located at proximity to disposal wells with no prior history of seismicity has shocked residents and have caused damages to properties. It has evoked individuals’ resentment against the practice of injection of fracking’s wastewater under pressure into underground disposal wells. Though the oil and gas companies have denied the existence of a link between such a practice and earthquakes and the local and state governments have delayed their responses to the unforeseen seismic events, the issue has gained in prominence among researchers, affected community residents, and the media. This case study has offered a glimpse into the varied responses of stakeholders to human-induced seismicity in a small city in the state of Texas. It is evident from this case study that although individuals’ complaints and protests from a small community may not be successful in bringing about statewide changes in regulatory policies on disposal of fracking’s wastewater, they can add to the public pressure on the state government to do something to address the problem in a state that supports fracking.

Urgensi Ilmu Kedokteran Islam dengan Hukum Islam (Studi Identifikasi Deoxrybo Nucleic Acid (DNA) terhadap Sepersusuan)

2018 ◽  
Vol 12 (1) ◽  
pp. 133-146
Author(s):  
Li’izza Diana Manzil
Keyword(s):  
Nucleic Acid ◽  
Breast Milk ◽  
Legal Status ◽  
Islamic Law ◽  
Medical Science ◽  
Dna Identification ◽  
Islamic Medicine ◽  
Parents And Children ◽  
The Status ◽  
Brothers And Sisters

One sign of the rapidly growing world of medical science is its success in making one discovery about Deoxrybo Nucleid Acid (DNA). Islam does not prohibit the practice of DNA identification because it can be used in determining the legal status of relative relationships and related marital prohibitions among families because of the similarity of DNA genes between parents and their children. In Islam marriage prohibition can also occur between brothers and sisters. DNA identification can be done between siblings as a result of the presence of gene elements in breast milk. In addition, breast milk can also develop bone and grow meat if breastfeeding at least five times suction. But the results of DNA tests conducted between siblings cannot be more accurate if done to find relationships of parents and children. From this it clearly proves that Islamic medicine has an urgent value to Islamic law. This can be seen from one of its axiology in determining the status of brotherhood.

Analysis of geodetic and legal documentation in the process of expropriation for roads. Krakow case study

2013 ◽  
Vol 62 (1) ◽  
pp. 67-84
Author(s):  
Anna Trembecka
Keyword(s):  
Local Government ◽  
Legal Status ◽  
The State ◽  
Property Value ◽  
Real Property ◽  
Construction Design ◽  
Special Rules ◽  
The City

Abstract Amendment to the Act on special rules of preparation and implementation of investment in public roads resulted in an accelerated mode of acquisition of land for the development of roads. The decision to authorize the execution of road investment issued on its basis has several effects, i.e. determines the location of a road, approves surveying division, approves construction design and also results in acquisition of a real property by virtue of law by the State Treasury or local government unit, among others. The conducted study revealed that over 3 years, in this mode, the city of Krakow has acquired 31 hectares of land intended for the implementation of road investments. Compensation is determined in separate proceedings based on an appraisal study estimating property value, often at a distant time after the loss of land by the owner. One reason for the lengthy compensation proceedings is challenging the proposed amount of compensation, unregulated legal status of the property as well as imprecise legislation. It is important to properly develop geodetic and legal documentation which accompanies the application for issuance of the decision and is also used in compensation proceedings.

The Legal Status of Local Government in South Africa under the New Constitutional Dispensation

2018 ◽  
Vol 33 (2) ◽  
Author(s):  
Mbuzeni Mathenjwa
Keyword(s):  
South Africa ◽  
Local Government ◽  
Legal Status ◽  
Case Law ◽  
The Status ◽  
History Of ◽  
The Republic ◽  
First Time

The history of local government in South Africa dates back to a time during the formation of the Union of South Africa in 1910. With regard to the status of local government, the Union of South Africa Act placed local government under the jurisdiction of the provinces. The status of local government was not changed by the formation of the Republic of South Africa in 1961 because local government was placed under the further jurisdiction of the provinces. Local government was enshrined in the Constitution of the Republic of South Africa arguably for the first time in 1993. Under the interim Constitution local government was rendered autonomous and empowered to regulate its affairs. Local government was further enshrined in the final Constitution of 1996, which commenced on 4 February 1997. The Constitution refers to local government together with the national and provincial governments as spheres of government which are distinctive, interdependent and interrelated. This article discusses the autonomy of local government under the 1996 Constitution. This it does by analysing case law on the evolution of the status of local government. The discussion on the powers and functions of local government explains the scheme by which government powers are allocated, where the 1996 Constitution distributes powers to the different spheres of government. Finally, a conclusion is drawn on the legal status of local government within the new constitutional dispensation.

THE ROLE OF LOCAL GOVERNMENT IN STRENGTHENING DEMOCRACY

2016 ◽  
Vol 3 (1) ◽  
pp. 115-131
Author(s):  
Mbuzeni Mathenjwa
Keyword(s):  
European Union ◽  
Local Government ◽  
United Nations ◽  
Public Interest ◽  
Legal Status ◽  
African Union ◽  
African Countries ◽  
The Status ◽  
Administrative Units

The place and role of local government within the structure of government in Africa has attracted much public interest. Prior to and after independence, African countries used local government as the administrative units of central governments without their having any legal status, to the extent that local authorities were under the strict control of central governments. The autonomy of local government is pivotal in the democratisation of a country. The United Nations, European Union and African Union have adopted treaties to promote the recognition and protection of local government in the state parties’ constitutions. Accordingly, this article explains the status of local government in Africa and its impact on strengthening democracy in African states.

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