scholarly journals Identifying ‘Illat through Munasabah in Islamic Law: A Perspective of Imam Al-Ghazali

2021 ◽  
Vol 5 (2) ◽  
pp. 598
Author(s):  
Khairuddin Hasballah ◽  
Andi Darna ◽  
Wardana Said ◽  
Hajarul Akbar ◽  
Ihdi Karim Makinara ◽  
...  
Keyword(s):  
Legal History ◽  
Islamic Law ◽  
Analytical Tool ◽  
The Other ◽  
Legal Research ◽  
Other Hand ◽  
History Approach ◽  
The Way

This study discusses the way in determining ‘illat through the munasabah method proposed by Imam al-Ghazali in the perspective of Islamic law. The study focuses on two main problems: the identification of ‘illat through munasabah and the legal formulation to utilize hikmat to obtain ‘illat according to al-Ghazali. This normative legal research used a legal history approach as an analytical tool to examine the Islamic scholars’ thoughts on concepts, theories and ways of doing istinbath. The study concluded that according to al-Ghazali there are three kinds of munasabah in determining ‘illat, consisting of munasib mu’atstsir, munasab mula’im, and munasib gharib. In munasib mu’atstsir, there is no issue found in seeking ‘illat because the ‘illat is understood directly from the nash or ijma’. Therefore, munasabah is no longer needed in the determining ‘illat. Here, the munasabah method focuses on munasib mula’im and munasib gharib in identifying ‘illat. Munasib mula’im seeks for the genus ‘illat, an ‘illat drawn from every event that has been predetermined by the nash, by examining the same hikmah in each of the events. Such hikmah is then used as the genus ‘illat which will later be applied as qiyas for other events that have been legally stipulated by the nash. On the other hand, munasib gharib seeks for the species ‘illat, an ‘illat obtained from an event that has been predetermined by the nash, with no comparison found in other events. ‘Illat determined from munasib gharib is also hikmah, having no concrete nature. In the perspective of legal history, this method of seeking ‘illat is inseparable from kalam and philosophy as was the development of the Islamic sciences at the time. As such, this had also affected al-Ghazali’s mastery in Islamic law as well as in other Islamic disciplines. 

scholarly journals REKONSTRUKSI HUKUM WARISAN DI INDONESIA PERSPEKTIF PLURALISME AGAMA

Al-Qadha ◽  
2020 ◽  
Vol 7 (1) ◽  
pp. 60-72
Author(s):  
Abdul Mufid
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
The Other ◽  
Legal Certainty ◽  
Legal Research ◽  
Other Hand ◽  
The Will ◽  
Sense Of Justice ◽  
Religious Differences

Juridical, theological, and philosophical differences in religion are one of the challenges for someone to become an heir. On the other hand, empirically historical-sociological is not the case, because there are reasons (illat) or other related to different religions to get the inheritance of Muslims who inherit using welfare factors. This research uses the normative legal research method. The author uses Gustav Radburch's theory of legal objectives governing justice, expediency, and legal certainty. Based on the results of the research found in the compilation of Islamic law is not available to the heirs who have been given apostasy. Religious differences as a barrier to inherit are specifically intended for heirs. So it can be concluded that Muslim heirs can inherit the assets of non-Muslim heirs, but not vice versa. In this study, non-Muslim heirs cannot inherit wealth from Muslim heirs, in order to fulfill a sense of justice and respect, these non-Muslim experts still obtain inheritance through mandatory wills which are processed through court determination. The will is obliged to be determined as a way out of giving the inheritance to non-Muslim heirs because the heir has died, and there is no other way to be able to transfer the heir's assets to the non-Muslim heirs.

scholarly journals THE PARENTAL RESPONSIBILITY CONCEPT IN REPLACING CRIMINAL RESPONSIBILITY OF CHILD TO PARENT (THE STUDY OF INDONESIAN TRIBES CULTURE IN LAMPUNG AND AGA BALINESE TRIBES)

2017 ◽  
Vol 2 (2) ◽  
pp. 342
Author(s):  
Umi Rozah
Keyword(s):  
Social Order ◽  
Criminal Responsibility ◽  
The Other ◽  
Research Approach ◽  
Parental Responsibility ◽  
Legal Research ◽  
Other Hand ◽  
Penal Codes ◽  
The One ◽  
The Way

Crime is some action which declared that it should not be done by anyone, no matters  adults, juveniles or child. Anyone should be punished if he/she has done any crime which harmed or injuried someone or violated social order, as that was formulated in an Act and threated by punishment. An interesting question here are : How is the roles of parents in liability for any crimes which done by her/his child? Why the parents should endure liabilities  for any crime that he/she did not do it but just for child that may be they  know nothing about that.This written based on research which is performed in Lampung Tribe Society and Balinese Tribe Society.  Law is a mirror of society become an entry poin to access and to understand how cultures both of Lampung and Balinese Tribes Society to solve any crime that was done by the child . Here, the author wrote based on the penal codes Cepalo Walu Ngepuluh which is prevailing in Lampung Tribes Culture and Kitab Manawa Dharmacastra which is applying at Balinese Tribes Culture.This method research was performed by sociol legal research approach, that mixed socio research approach to search values of   both tribes society behavior in resolve the matters or crimes which was done by juveniles  in the one hand, and in the other hand this research used libraries approach to search any documents or any literatures that be related with how to resolve any crime was done by a juvenile.This article is very interesting because in Indonesian Penal Codes did not impose parental responsibility for the child’s offence . So this article could be the way out to relocating  the child’s criminal responsibility to his/her parents.

KONSTRUKSI ISLAM DALAM KEKUASAAN NEGARA

1970 ◽  
Vol 6 (2) ◽  
Author(s):  
Nurul Aini Musyarofah
Keyword(s):  
Islamic Law ◽  
Social Condition ◽  
The Other ◽  
Good Society ◽  
Ideal Form ◽  
Other Hand ◽  
Islamic Politics ◽  
The Relationship ◽  
The Ideal

The relationship between Islam and state raises a controversy that includes two main groups;formalists and substantialists. Both of them intend to achieve a good social condition which is inaccordance with Islamic politics. The ideal form of good society to be achieved is principallydescribed in the main source of Islamic law, Al Qur’an and As Sunnah, as follows. A form of goodsociety should supprot equality and justice, egalitarianism, and democracy in its social community.The next problem is what the needed methods and instruments to achieve the ideal Islamic politicsare. In this case, the debate on the formalization and substance of Islamic teaching is related to therunning formal political institution.Each group claims itself to be the most representative to the ideal Islam that often leads to anescalating conflict. On the other hand thr arguments of both groups does not reach the wholeMuslims. As a result, the discourse of Islam and state seems to be elitist and political. As a result,Both groups suspect each other each other and try to utilize the controversy on the relationshipbetween Islam and state to get their own benefit which has no relation with the actualization ofIslamic teaching.

Ibn-Ul-Arabi's Cultural Environment that Influenced Him

2017 ◽  
Vol 5 (1) ◽  
pp. 165
Author(s):  
Assist. Prof. Dr. Kazım Yıldırım
Keyword(s):  
The Other ◽  
Cultural Environment ◽  
Ibn Rushd ◽  
Other Hand ◽  
The One ◽  
The Way

The cultural environment of Ibn al-Arabi is in Andalusia, Spain today. There, on the one hand, Sufism, on the other hand, thinks like Ibn Bacce (Death.1138), Ibn Tufeyl (Death186), Ibn Rushd (Death.1198) and the knowledge and philosophy inherited by scholars, . Ibn al-Arabi (1165-1240), that was the effect of all this; But more mystic (mystic) circles came out of the way. This work, written by Ibn al-Arabi's works (especially Futuhati Mekkiye), also contains a very small number of other relevant sources.

فلسفة العقوبة في الشريعة الإسلامية والقانون الوضعي عرض وموازنة Exposition and Comparison of the Philosophy of Punishment in Islamic and Positive Laws

2012 ◽  
Vol 9 (1) ◽  
Author(s):  
عبد المجيد قاسم عبد المجيد (Qasim Abdulmajid) ◽  
محمد ليبا (Liba)
Keyword(s):  
Islamic Law ◽  
The Other ◽  
Penal System ◽  
Human Beings ◽  
New School ◽  
Positive Law ◽  
Other Hand ◽  
Philosophy Of Punishment ◽  
Emerging Issues

تناولت هذه الورقة فلسفة العقوبة في الشريعة الإسلامية، وفلسفتها في القانون الوضعي، وتمت الموازنة بين الفلسفتين، وخلص العرض والموازنة إلى نتائج ملخصها أن مسألة عصمة الشريعة وسموها تعد علامة فارقة بين الشريعة الإسلامية والقانون الوضعي، هذه العلامة نتج عنها فروق كثيرة أولها أن العقوبة في التشريع الوضعي تكون تابعةً للهدف، فالهدف يوضع أولاً ثم تصاغ على ضوئه العقوبة، ولذلك كلما ظهرت مدرسةٌ جديدةٌ تؤسس لفكرٍ جديدٍ ظهر اختلافٌ في التشريع العقابي. بينما النظام العقابي الإسلامي ثابتٌ ومعصوم، وقد وُجدت الحاجة إلى معرفة أهدافه وفلسفته ليتسنى السير على مقتضاها فيما يستجد من وقائع، وأن سمو فلسفة العقوبة في الشريعة الإسلامية ينبع من سمو مصدرها، فواضع هذه العقوبات هو خالق البشر. بينما العقوبة في القانون الوضعي تعتمد في فلسفتها على خبرة واضعيها، وهي خبرة محدودة وأحكامها نسبية، لذا كان تطبيق العقوبات الشرعية أجدر حتى وإن لم يُدرَك كنه هذه العقوبات وفلسفتها. الكلمات الرئيسية: فلسفة العقوبة، القانون الإسلامي، القانون الوضعي، التشريع العقابي.******************************In this paper light is shed on the philosophy of punishment in Islamic and positive laws and a comparison between them is accomplished. In brief, the conclusion of the exposition and comparison is that issue of infallibility of SharÊ‘ah and its nobleness are the distinguishing marks between Islamic and positive laws. This led to further differences. The first difference is that the punishment in positive laws is in accordance with the stipulated goal, that is, the goal is set first and then the punishment is formulated in that light. That is why whenever any new school of thought appears based on some ideology, differences emerge in punitive legislation. Islamic penal system is, however, immutable and infallible. There is a need to know its objectives and wisdom so as to in order to tackle new emerging issues. The nobility of the philosophy of punishment in Islamic law stems from the nobility of its source and that is no one but the Creator of human beings. The punishment in the positive law, on the other hand, relies on the philosophy that is based on the experiences of the authors of these laws. And these experiences are limited and their rulings are relativistic. Applying Islamic legal punishments are, therefore, more legitimate, even though their essence and philosophy are not fully grasped.Key words: Philosophy of Punishment, Islamic Law, Positive Law, Punitive Legislation.

Strategic Scripts and Nuclear Disarmament

2018 ◽  
Author(s):  
Matthew Harries ◽  
Benedict Wilkinson
Keyword(s):  
Nuclear Weapons ◽  
Analytical Tool ◽  
The Other ◽  
Nuclear Disarmament ◽  
Stable Reduction ◽  
The Way

This chapter spans Freedman’s earliest focus on nuclear weapons and his development of strategic scripts as an analytical tool over three decades later. It discusses the way in which opposing logics of disarmament and armament co-existed in relation to nuclear weapons. It deploys the notion of strategic scripts to explain the contradictions inherent in approaches to nuclear disarmament, developing the concept of strategic scripts as it does so. The notion of scripts can be used to explore and even to promote nuclear disarmament. Two scripts, one of ‘stable reduction’, the other of ‘disarmament’, each serve to frame thinking. These scripts and the interactions they generate facilitate understanding of the way in which opposite instinctive reactions and, stemming from these, scripts about nuclear weapons co-exist, but are fragile as either an analytical or a strategic tool.

Historical Writing in the Balkans

2018 ◽  
Author(s):  
Ulf Brunnbauer
Keyword(s):  
Freedom Of Expression ◽  
The Other ◽  
Former Yugoslavia ◽  
Ethnic Cleansing ◽  
Historical Writing ◽  
The Balkans ◽  
Other Hand ◽  
Balkan Countries ◽  
The One ◽  
The Way

This chapter analyzes historiography in several Balkan countries, paying particular attention to the communist era on the one hand, and the post-1989–91 period on the other. When communists took power in Albania, Bulgaria, Romania, and Yugoslavia in 1944–5, the discipline of history in these countries—with the exception of Albania—had already been institutionalized. The communists initially set about radically changing the way history was written in order to construct a more ideologically suitable past. In 1989–91, communist dictatorships came to an end in Bulgaria, Romania, Yugoslavia, and Albania. Years of war and ethnic cleansing would ensue in the former Yugoslavia. These upheavals impacted on historiography in different ways: on the one hand, the end of communist dictatorship brought freedom of expression; on the other hand, the region faced economic displacement.

Ibsen and the Irish Theatre

1990 ◽  
Vol 15 (1) ◽  
pp. 18-28
Author(s):  
Katharine Worth
Keyword(s):  
The Other ◽  
Psychological Process ◽  
Dramatic Literature ◽  
Social Activities ◽  
Irish Theatre ◽  
Lady Gregory ◽  
Other Hand ◽  
George Moore ◽  
Irish School ◽  
The Way

The Irish Literary Theatre, from which a new Irish theatre was to develop, came to birth at the very point when Ibsen was about to depart from the European theatrical scene. His last play, When We Dead Awaken, appeared in 1899, the year in which Yeats's The Countess Cathleen and Edward Martyn's The Heather Field were produced in Dublin. They were the first fruits of the resolve taken by the two playwrights, with Lady Gregory and George Moore, to ‘build up a Celtic and Irish school of dramatic literature’ and they offered decidedly different foretastes of what that ‘school’ might bring forth. Yeats declared himself an adherent of a poetic theatre that would use fantasy, vision and dream without regard for the limits set by the realistic convention. Martyn, on the other hand, was clearly following Ibsen in his careful observance of day-to-day probability. The central symbol of his play, the heather field, represents an obscure psychological process which might have received more ‘inward’ treatment. But instead it is fitted into a pattern of social activities in something like the way of the prosaically functional but symbolic orphanage in Ghosts.

Marcion’s Gospel and its Use of the Jewish Scriptures

2021 ◽  
Vol 112 (1) ◽  
pp. 105-129
Author(s):  
Phillip Andrew Davis
Keyword(s):  
The Other ◽  
Other Hand ◽  
Jewish Scriptures ◽  
Outright Rejection ◽  
The One ◽  
Theological Thought ◽  
The Way

Abstract Despite the popular notion of Marcion’s outright rejection of the Jewish Scriptures, his gospel draws on those Scriptures not infrequently. While this might appear inconsistent with Marcion’s theological thought, a pattern is evident in the way his gospel uses Scripture: On the one hand, Marcion’s gospel includes few of the direct, marked quotations of Scripture known from canonical Luke, and in none of those cases does Jesus himself fulfill Scripture. On the other hand, Marcion’s gospel includes more frequent indirect allusions to Scripture, several of which imply Jesus’ fulfillment of scriptural prophecy. This pattern suggests a Marcionite redaction of Luke whereby problematic marked quotes were omitted, while allusions were found less troublesome or simply overlooked due to their implicit nature.

Most Often Motivated by Social Media: The Who, the What, and the How Much—Experience from Poland

2021 ◽  
Vol 13 (20) ◽  
pp. 11193
Author(s):  
Karol Król ◽  
Dariusz Zdonek
Keyword(s):  
Social Media ◽  
Intrinsic Motivation ◽  
Statistical Methods ◽  
The Other ◽  
Public Expression ◽  
Other Hand ◽  
The Impact ◽  
The Way

Content published in social media (SM) can be motivating. It can induce action, stimulate demand, and shape opinions. On the other hand, it can demotivate, cause helplessness, or overwhelm with information. Still, the impact of SM is not always the same. The paper aims to analyse the relations between sex, personality, and the way social media is used and motivation to take specific actions. The conclusions are founded on a survey (n = 462). The data were analysed with statistical methods. The study revealed that the use of SM has a significant impact on the motivation to act. Browsing through descriptions and photographs of various achievements posted by others in SM increased the intrinsic motivation of the respondents. Positive comments and emojis had a similar effect. Moreover, women and extraverts noted a significantly greater impact of SM on their intrinsic motivation concerning health and beauty effort, travel, hobby, and public expression of opinions than men and introverts. The results can be useful to recruiters. Extravert women that are open to cooperation, thorough, and well-organised are more likely to be active in SM.

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