scholarly journals Konsep pemikiran Mohammed Arkoun dalam aina huwa alfikr al-islāmiy al-mu’āshir

HUMANIKA ◽  
2020 ◽  
Vol 19 (1) ◽  
pp. 43-55
Author(s):  
Ruslan Rasyid ◽  
Hilman Djafar
Keyword(s):  
Human Rights ◽  
Religious Language ◽  
Scientific Methodology ◽  
Starting Point ◽  
Islamic Thought ◽  
Muslim Intellectuals ◽  
Historical Methodology ◽  
Perceived Impact ◽  
Islamic Society ◽  
Opening Up

Mohammed Arkoun's thought in his monumental work, "aina huwa al-fikr al-islāmiy"was inspired by two famous Muslim intellectuals, Imam Ghazali and Ibn Rusyd. Arkoun'swork is an idea that spurs the spirit of contemporary Muslims to think ahead by using all thepotential they have so that it can make Islam a religion that can adapt to the development ofthe times or in a religious language called shālihun likulli makānin wa shālihun likulli zamānin.In addition, the concept of thought in the work is aimed primarily at opening up broaderhorizons of Arabic Islamic thought and can be used as a method of understandingcontemporary social science based on Islamic views. One effort undertaken by MohammedArkoun is to consolidate modern historical methodology with classical Islamic thought,because for Arkoun that is the only way to achieve a scientific understanding of the historicalthe reality of Islamic society. The perceived impact is the disappearance of all disputes, bothracial and religious. Some of the directions of his thinking are as follows: 1) Arkoun's way ofperceiving himself; 2) Agendas that must be implemented include building an appliedIslamology / islāmiỹāt tathbȉqhiỹah by trying to apply scientific methodology to the Koran;3) The Western way (alGharb) knows Islam; 4) Return to the starting point; 5) Secularismand Islam; 6) Islam, Science, and Philosophy; 7) Islam and Human Rights; 8) Sufism;9) European nationalism; 10) Think openly.

Reformasi and the Decline of Liberal Islam

2019 ◽  
pp. 117-134
Author(s):  
Greg Fealy
Keyword(s):  
Human Rights ◽  
Political Reform ◽  
New Order ◽  
Islamic Movement ◽  
Islamic Thought ◽  
The Face ◽  
Muslim Intellectuals ◽  
The Way

This chapter explains how liberal Muslim intellectuals and activists have drawn on religious teachings to popularize and validate political reform and human rights agendas from the late 1980s. This prepared the way for Indonesia's majority Islamic community to embrace democracy as an alternative to authoritarianism. The wealth of progressive Islamic thought and action that marked those decades, has, however, fallen victim to the illiberal aspects of reformasi. One of the paradoxes of democratization is that the progressive Islamic movement quickly became a casualty of the increasing dominance of conservative Islamic forces. The chapter concludes that while liberal Islam flourished in New Order Indonesia because it had the support of the regime, it was unable to leverage that success in the face of broader religiocultural and political changes from the early 2000s, which have been driven by, and favored, conservative Islamist forces.

Criss-Cross: Identity and Transformation in Re-reading Billy Elliot

2016 ◽  
Vol 13 (4) ◽  
pp. 536-551
Author(s):  
Jacqui Miller
Keyword(s):  
Identity Formation ◽  
Gender And Sexuality ◽  
Central Character ◽  
Theoretical Frameworks ◽  
Liberal Politics ◽  
Starting Point ◽  
And Gender ◽  
Opening Up

Billy Elliot (2000) has been widely recognised as an important British film of the post-Thatcher period. It has been analysed using multiple disciplinary methodologies, but almost always from the theoretical frameworks of class and gender/sexuality. The film has sometimes been used not so much as a focus of analysis itself but as a conduit for exploring issues such as class deprivation or neo-liberal politics and economics. Such studies tend to use the film's perceived shortcomings as a starting point to critique society's wider failings to interrogate constructions of gender and sexuality. This article argues that an examination of the identity formation of some of the film's subsidiary characters shows how fluidity and transformation are key to the film's opening up of a jouissance which is enabled by but goes beyond its central character.

Towards an Archival Critique: Opening Possibilities for Addressing Neoliberalism in the Archival Field

2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Marika Cifor ◽  
Jamie A. Lee
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Archival Studies ◽  
Ethical Practice ◽  
Political Practice ◽  
Starting Point ◽  
Hands On ◽  
Library And Information Studies ◽  
Information Studies ◽  
Contemporary Life

Neoliberalism, as economic doctrine, as political practice, and even as a "governing rationality" of contemporary life and work, has been encroaching on the library and information studies (LIS) field for decades. The shift towards a conscious grappling with social justice and human rights debates and concerns in archival studies scholarship and practice since the 1990s opens the possibility for addressing neoliberalism and its elusive presence. Despite its far-reaching influence, neoliberalism has yet to be substantively addressed in archival discourse. In this article, we propose a set of questions for archival practitioners and scholars to reflect on and consider through their own hands-on practices, research, and productions with records, records creators, and distinct archival communities in order to develop an ongoing archival critique. The goal of this critique is to move towards "an ethical practice of community, as an important mode of participation." This article marks a starting point for critically engaging the archival studies discipline along with the LIS field more broadly by interrogating the discursive and material evidences and implications of neoliberalism.

Human Rights in Traditionalist Islam

2008 ◽  
Vol 25 (1) ◽  
pp. 82-105
Author(s):  
Robert Dickson Crane
Keyword(s):  
Human Rights ◽  
Western Civilization ◽  
World War ◽  
Clash Of Civilizations ◽  
Fourth World ◽  
Common Heritage ◽  
Religious Extremism ◽  
Islamic Thought ◽  
The Common ◽  
Common Identity

The vaunted clash of civilizations has grown into a Fourth World War of demonization against Islam. The newest strategy is to single out Islam’s essential values, deny that they exist, and assert that their absence constitutes the Islamic threat. This article shows the common identity of classical American and classical Islamic thought so that Muslims, Christians, and Jews can unite against religious extremism. Muslim jurisprudents developed the world’s most sophisticated code of human responsibilities and rights. This is now being revived as the common heritage of western civilization based on the premise that justice reflects a truth higher than man-made positivist law and on the corollary that the task of religion is to translate transcendent truth into the transcendent law of compassionate justice.

scholarly journals Structured Hypothesis Development in Criminal Investigation: A method aimed at providing a broad and objective starting point for a criminal investigation

2020 ◽  
pp. 0032258X2098232
Author(s):  
Nina Sunde
Keyword(s):  
Cognitive Psychology ◽  
Best Practice ◽  
Logical Reasoning ◽  
Scientific Methodology ◽  
Criminal Investigation ◽  
Legal Principles ◽  
Starting Point ◽  
Objective Investigation

The Structured Hypothesis Development in Criminal Investigation (SHDCI) method aims to assist detectives in developing an adequate set of hypotheses, which prepares the ground for a broad and objective investigation. The method aims to protect the innocent, while also enabling the detectives to discover the full scope of the incident under investigation. SHDCI builds on theory and principles from cognitive psychology, scientific methodology, logical reasoning, law and criminal investigation best practice. The method is developed in a Norwegian context, but builds on universally accepted legal principles, and SHDCI may therefore be relevant for implementation in other jurisdictions.

Military Necessity and the Cultures of Military Law

2013 ◽  
Vol 26 (2) ◽  
pp. 315-349 ◽  
Author(s):  
DAVID LUBAN
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Legal Regulation ◽  
Systematic Analysis ◽  
Law Of War ◽  
Military Necessity ◽  
Starting Point ◽  
Military Law ◽  
Interpretive Communities ◽  
The Military

AbstractMilitary and humanitarian lawyers approach the laws of war in different ways. For military lawyers, the starting point is military necessity, and the reigning assumption is that legal regulation of war must accommodate military necessity. For humanitarian lawyers, the starting point is human dignity and human rights. The result is two interpretive communities that systematically disagree not only over the meaning of particular law-of-war norms, but also over the sources and methods of law that could be used to resolve the disagreements. That raises the question whether military lawyers’ advice should acknowledge any validity to the contrary views of the ‘humanitarian’ community. The article offers a systematic analysis of the concept of military necessity, showing that civilian interests must figure in assessing military necessity itself. Even on its own terms, the military version of the law of war should seek to accommodate the civilian perspectives featured in the humanitarian version.

scholarly journals Human Rights and Cultural Identity

2015 ◽  
Vol 8 (2) ◽  
pp. 112-135 ◽  
Author(s):  
Gordon John-Stewart
Keyword(s):  
Human Rights ◽  
Cultural Identity ◽  
Culturally Sensitive ◽  
Cultural Identities ◽  
Ethical Relativism ◽  
Small Core ◽  
Starting Point ◽  
Universal Human Rights

Abstract Universal human rights and particular cultural identities, which are relativistic by nature, seem to stand in conflict with each other. It is commonly suggested that the relativistic natures of cultural identities undermine universal human rights and that human rights might compromise particular cultural identities in a globalised world. This article examines this supposed clash and suggests that it is possible to frame a human rights approach in such a way that it becomes the starting point and constraining framework for all non-deficient cultural identities. In other words, it is possible to depict human rights in a culturally sensitive way so that universal human rights can meet the demands of a moderate version of meta-ethical relativism which acknowledges a small universal core of objectively true or false moral statements and avers that, beyond that small core, all other moral statements are neither objectively true nor false.

Religious Pluralism and State- Centric Legal Spaces in Europe

2021 ◽  
Vol 18 (1) ◽  
pp. 33-54
Author(s):  
Kyriaki Topidi
Keyword(s):  
Human Rights ◽  
Present Article ◽  
Religious Pluralism ◽  
Legal Pluralism ◽  
Case Law ◽  
Legal Systems ◽  
European Court ◽  
Starting Point

Multiculturalism is continuously and relentlessly put to the test in the so- called West. The question as to whether religious or custom- based legal orders can or should be tolerated by liberal and democratic states is, however, by no means a new challenge. The present article uses as its starting point the case of religious legal pluralism in Greece, as exposed in recent European Court of Human Rights (ECtHR) case- law, in an attempt to explore the gaps and implications in the officially limited use of sharia in Western legal systems. More specifically, the discussion is linked to the findings of the ECtHR on the occasion of the recent Molla Sali v. Greece case to highlight and question how sharia has been evolving in the European legal landscape.

COVID-19, Business, and Human Rights

2021 ◽  
Vol 23 (5) ◽  
pp. 433-449
Author(s):  
Surya Deva
Keyword(s):  
Human Rights ◽  
Full Range ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Economic Problems ◽  
Business And Human Rights ◽  
Starting Point ◽  
Good Starting Point ◽  
International Human

Abstract COVID-19 has affected the full range of human rights, though some rights holders have experienced a disproportionate impact. This has triggered debate about the respective obligations and responsibilities of states and business enterprises under international human rights law. Against this backdrop, this article examines critically whether the “protect, respect and remedy” framework operationalised by the UN Guiding Principles on Business and Human Rights is “fit for the purpose” to deal with the COVID-19 crisis. I argue that while the UNGPs’ framework provides a good starting point, it is inadequate to bring transformative changes to overcome deep-rooted socio-economic problems exposed by this pandemic. Realising human rights fully would not only require harnessing the potential of states’ tripartite obligations, but also move beyond limiting the responsibility of businesses to respect human rights.

Is there a Duty to Prevent Harm in Tort? A Common Law Perspective

2021 ◽  
Vol 12 (2) ◽  
pp. 116-145
Author(s):  
Paula Giliker
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Tort Law ◽  
Public Authority ◽  
Public Authorities ◽  
Statutory Duty ◽  
Starting Point ◽  
Private And Public ◽  
Legal Position ◽  
The Common

Abstract In this paper, I will examine the extent to which the common law of tort in England and Wales imposes a duty to prevent harm on public authorities and private individuals. As will be seen, the starting point for the common law is that such liability should, in both cases, be regarded as exceptional. This must, however, be weighed against duties to prevent harm that arise under the torts of negligence and breach of statutory duty. Public authorities may also face claims that their failure to prevent harm is in breach of ECHR arts 2 or 3. While the law is complex, this paper identifies three key arguments that explain the current legal position at common law, namely that: (i) tort law should treat private and public parties alike: (ii) human rights claims should be treated as distinct from private law claims and (iii) libertarian concerns signify that a duty to prevent harm should be exceptional and needs to be justified. While these arguments provide both an explanation of and a justification for the current law, this article questions to what extent the treatment of public authority liability may be regarded as unduly harsh on vulnerable claimants.

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