Konsep Negara Hukum dalam Perspektif Hukum Islam

2019 ◽  
Vol 2 (2) ◽  
pp. 235
Author(s):  
Sayid Anshar
Keyword(s):  
Islamic Law ◽  
The State ◽  
Descriptive Research ◽  
Muslim Intellectuals ◽  
The Moment ◽  
City State ◽  
Relationship Of ◽  
The Relationship ◽  
The City

<p><em>The concept of state in Islam only regulates principles or principles, among others, about leaders who must be honest, trustworthy, fair, transparent, and protect human rights (fitrah). Islam teaches and gives guidance in the life of the state. This means that the State must be built as a home to uphold justice in accordance with the rights that are basically owned by every citizen. The success of the Prophet Muhammad. Building a Muslim community in Medina by some Muslim intellectuals is called the City State.  The problem in this research is how the concept of the rule of law in the perspective of Islamic law. The method used in this research is descriptive research, descriptive research is intended to provide data as thorough as possible about an effort, symptoms, events and events that occur at the moment, and is deductive based on general theories applied to explain about a set of data, the relationship of a set of data with another set of data. In this study the method used is a normative juridical approach. The activities carried out are the inventory of legal materials, identification of legal materials, classification of legal materials, systematization of legal materials, and interpretation and construction of legal materials.  Based on the results of the study shows the concept of the State of Islamic Law Perspective with various scopes between the idea of state, Religion, State and law according to </em><em>Al-Quran</em> <em>and Hadith as well as the contribution of Islamic Law to the development of National Law.  </em></p>

Prologue

2019 ◽  
pp. 1-8
Author(s):  
Michael A. Gomez
Keyword(s):  
West Africa ◽  
Political Power ◽  
The State ◽  
The Third ◽  
History Of ◽  
City State ◽  
Relationship Of ◽  
The Relationship ◽  
The City

This prologue provides an overview of the history of early and medieval West Africa. During this period, the rise of Islam, the relationship of women to political power, the growth and influence of the domestically enslaved, and the invention and evolution of empire were all unfolding. In contrast to notions of an early Africa timeless and unchanging in its social and cultural categories and conventions, here was a western Savannah and Sahel that from the third/ninth through the tenth/sixteenth centuries witnessed political innovation as well as the evolution of such mutually constitutive categories as race, slavery, ethnicity, caste, and gendered notions of power. By the period's end, these categories assume significations not unlike their more contemporary connotations. All of these transformations were engaged with the apparatus of the state and its progression from the city-state to the empire. The transition consistently featured minimalist notions of governance replicated by successive dynasties, providing a continuity of structure as a mechanism of legitimization. Replication had its limits, however, and would ultimately prove inadequate in addressing unforeseen challenges.

Reading Hobbes’s Sovereign into a Burmese Narrative of Police Torture

2016 ◽  
Vol 17 (2) ◽  
pp. 199-211
Author(s):  
Nick Cheesman
Keyword(s):  
The State ◽  
Political Community ◽  
The Political ◽  
Public Order ◽  
The Moment ◽  
Relationship Of ◽  
The Relationship

Throughout February 2012, a court sitting at Myanmar’s central prison recorded a defendant’s narrative of torture by policemen to have him confess to a bombing two years prior. How was this record made possible? What does the narrative reveal about the relationship of police torturers to the political community giving them authority to act? Working from Agamben’s intuition that in the moment of violence the policeman occupies an area symmetrical to the sovereign, inasmuch as his use of violence is justified in the name of public order, I suggest the account of police torture in this case can be explained in terms of Hobbes’s theory of attributed action. Like Hobbes’s sovereign, the Burmese policemen had the prerogative to decide when and how to use violence against the detained subject on behalf of the state. That the defendant could later recount to a judge the torture done to him was only because he lacked standing to lay claims against sovereign police, who he himself, as a member of the political community, had authorised. Ironically, the record of his narrative was possible precisely because his claims were without efficacy.

scholarly journals Islam Nusantara in Political Contestation Identity Religion in Indonesia

ADDIN ◽  
2018 ◽  
Vol 12 (2) ◽  
pp. 491
Author(s):  
Moh. Khamdan ◽  
W Wiharyani
Keyword(s):  
Political System ◽  
Islamic Law ◽  
The State ◽  
Group Relations ◽  
Religious Ideology ◽  
Islamic Countries ◽  
Islamic Religion ◽  
Relationship Of ◽  
The Relationship ◽  
Democratic Political System

<p>The relationship between the religion represented by Islam and the State that is represented by the democratic political system continues remain to be a problem. Ideological debates that Islamic law should be implemented and escorted through Islamic countries experiencing resistance against groups who argued that Islam is a substance that is in compliance with democracy. Religious ideology has often been a motivation to justify the struggle through the violence that has been done. Strengthening of violence in the name of religion is regarded as a form of struggle for bottomic beliefs and religious form in kaffah. Nationalism of Islamic religion Leaders by receiving Pancasila as the Indonesian ideology  its been a moderate wisdom that has taken to maintain the unity of Indonesia, while keeping the existence of religions living. The relationship of religion and the State by Islamic religion Leaders of Nahdhatul Ulama (NU) considered as a mutual-connection with maintaining Indonesian nationalism without discriminating treatment of religions, tribes, and inter-group relations is face Islam Nusantara in Indonesia. Politics as the source of radicalism muted by NU leaders with a fatwa that receiving of Pancasila both as the nations foundation and as a spirit of Islam Nusantara. This research uses psychology politics theory and the theory of social identity’s approach that analyzing potential radicalism in society.</p>

scholarly journals ANALISIS TERHADAP UNDANG-UNDANG NOMOR 23 TAHUN 2011 TENTANG PENGELOLAAN ZAKAT (PERSPEKTIF HUKUM ISLAM)

2016 ◽  
Vol 15 (2) ◽  
Author(s):  
Budi Rahmat Hakim
Keyword(s):  
Islamic Law ◽  
Legal Framework ◽  
The State ◽  
New Paradigm ◽  
New Era ◽  
Key Issues ◽  
The Individual ◽  
Relationship Of ◽  
The Relationship ◽  
Tax Deduction

The Birth of Law No. 23/2011 marks a new era of transformation of the national charity which has given rise to a new paradigm of charity management in our country. Some rules are the result of constitutive ijtihadin the ?eld of charity gets a reaction from some quarters, especially related to the management of charity by the state authority. Regardless of the debate which led to the material and formal lawsuit, there are several key issues to be further analyzed in relation to the reconstruction of ?qh paradigm evaluated from the perspective of contemporary Islamic law. First, the authorities and the involvement of the state as charities through the agency or institution that is of?cially established or recognized by the state, so that the management of charity can be done effectively, guaranteed. And have legal certainty. Secondly, the absence of sanctions for muzaki who shirk the obligation of charity in Law No.23 / 2011 shows that the payment of charity is voluntary, therefore charity regulations in Indonesia are still considered weak in the legal framework that can bind to the individual or business entity that is exposed to the taxpayer , Third, the reform paradigm of subject, object and charity tas{arruf ?eld have already accommodated in Law No.23 / 2011 in accordance with the principle of mas}lah}atand justice. Fourth, the relationship of charity and tax reaf?rmed in the amendment of new Law charity as?scal incentives for charity payers to make charity as a reduction of PKP (tax deduction), although this provision has not been able to realize the position of charitywhich is more signi?cant as a tax deduction(tax credit).

Crossed Wires in the Motor City: A Genealogy and Analysis of the 1967 Riots and the 1968 Strike Wave in Detroit

2020 ◽  
Vol 14 (2) ◽  
pp. 183-192
Author(s):  
Duncan Tarr
Keyword(s):  
Auto Industry ◽  
The State ◽  
Black Workers ◽  
Global Moment ◽  
Relationship Of ◽  
The Relationship ◽  
The City ◽  
Work Stoppages

AbstractIn the years 1967 and 1968 the city of Detroit was the site of two waves of rebellion. The riot of 1967 was one of the largest and most costly urban rebellions in U.S. history. And in the ashes of the ‘67 insurrection a wave of strikes began shutting down the sprawling factories of the auto industry. These strikes were organized by militant Black workers who later founded the League of Revolutionary Black Workers, an organization that characterized itself as the “ideological inheritor” of the riot. This article situates the League within the global moment of 1968, discusses the relationship of work stoppages to circulation struggles, and examines how the participants’ experience in riots, both on the streets of Detroit and in the prisons around the state, informed the praxis and politics of the League.

scholarly journals PERBUATAN PIDANA BUGHAH DALAM HUKUM PIDANA ISLAM

2014 ◽  
Vol 3 (1) ◽  
Author(s):  
Riswadi Riswadi
Keyword(s):  
Environmental Factors ◽  
Islamic Law ◽  
The State ◽  
Color Differences ◽  
Muslim Intellectuals ◽  
The Law ◽  
To Receive ◽  
The Relationship

During this time, the issue bughah; separatists; the plots tend to receive less attention among Muslim intellectuals. Bughah deeds have made part of a crime (against the law). In Islamic law, a criminal act bughah also still have a different understanding. There is mention, that act bughah set with criminal types had, qishas or criminal ta'zir. Restrictions specified types of criminal is understood in terms of the act, the relationship with the rights, or any other cause in connection with the action against the state or government. Therefore, the range of possibilities can contain different perceptions and motives when trying to explain the quality of the act bughah. Similarly, environmental factors, socio-historical, cultural and political developments also color differences in terms of the substance of the type of criminal act bughah category. Kata kunci: pidana, bughah dan pidana Islam

scholarly journals PRICES FOR PAID VETERINARY SERVICES IN ELISTA CITY, REPUBLIC OF KALMYKIA

2021 ◽  
Vol 246 (2) ◽  
pp. 222-226
Author(s):  
E.N. Trofimova ◽  
◽  
Keyword(s):  
The State ◽  
Cost Structure ◽  
Veterinary Services ◽  
The Cost ◽  
Relationship Of ◽  
The Relationship ◽  
The City

The article describes the methodology for setting prices for paid veterinary services when providing services for unproductive animals. The analysis of the work of the state veterinary institution for 2020 was carried out; the list of veterinary work (services) was clarified; 146 prices for paid veterinary work (services) provided by the institution for the maintenance of unproductive animals were developed, taking into account the cost structure of the institution; the methodology for using prices for the relationship of the state veterinary institution of the city with consumers of veterinary services was explained.

scholarly journals Legal Protection of Civils Rights on Childrens’ Birth from the Unrecorded Marriage

2019 ◽  
Vol 6 (3) ◽  
pp. 908
Author(s):  
Nining Herlina ◽  
Zainal Asikin ◽  
Lalu Husni
Keyword(s):  
Research Methods ◽  
Islamic Law ◽  
Legal Protection ◽  
The State ◽  
State Law ◽  
Religious Law ◽  
The Right ◽  
Relationship Of ◽  
The Relationship ◽  
Husband And Wife

Marriage is a rule to authorize the relationship of two different gender to become husband and wife. Sociologically, there are marriage that was done by religious law but was not recorded by the state even until it produced children. Law Number 1 from Year 1974 on Marriage confirms that marriage is valid if conducted according to the religion and registered as regulated on binding law.This study aims to examine the law protection of civilization rights on childrens’ birth from the unregistered marriage. Research methods is normative research with statute, conceptual, and case approaches. Conclusion, recording is one of the important aspects in marriage, if marriage is not recorded, even though it is legal based on the religious law, but in the state provision, marriage does not have the legal force. Furthermore,  it is not recognized by the state because it does not have the right to manage all interests related to the state. Law protection on childrens’ birth from the unregistered marriages can be taken by isbat nikah to legalize the marriage of their parents.Key Words:  Legal Protection, Children, Unrecorded, Marriage, Alimentation, Inheritance, Islamic Law

Contributions of the Institutes for Research on Learning Disabilities

1983 ◽  
Vol 4 (1) ◽  
pp. 129-144 ◽  
Author(s):  
James D. Mckinney
Keyword(s):  
Learning Disabilities ◽  
Mental Retardation ◽  
Research Group ◽  
Collaborative Research ◽  
State Of The Art ◽  
The State ◽  
Relationship Of ◽  
The Relationship

Each of the five institutes has made unique contributions to the understanding of LD. The report of the Minnesota institute, however, does not accurately reflect the state of the art in the field, and the work of this research group has potential for serious misinterpretation and misapplication. Unresolved issues include classification of children, the relationship of LD to mental retardation, and collaborative research among institutes.

scholarly journals FORK. URBAN PLANNING AND HUMAN

2020 ◽  
Vol 10 (1) ◽  
pp. 101-110
Author(s):  
Dmitry A. KOLEVATYKH
Keyword(s):  
Urban Space ◽  
Physical Nature ◽  
Architectural Heritage ◽  
City Formation ◽  
Architectural Monument ◽  
Relationship Of ◽  
The Relationship ◽  
The City ◽  
Illustrative Material

The relationship of the phenomena occurring on our planet is considered. The author suggests looking at the process of city formation as one of them, putt ing it on a par with phenomena of both a biological and physical nature. The article provides a classification of some phenomena occurring in observable reality. A hypothesis is put forward, which is accompanied by a questionnaire study. This hypothesis partially relates to the question of the correctness of the architect’s work regarding the preservation of historical and architectural heritage within urban space. In parallel, it is proposed to rethink the concept of “historical and architectural monument” in the context of the city with respect to its inhabitants. The article is accompanied by illustrative material by the author.

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