scholarly journals The Practice of Buying and Selling During Friday Prayer in Mandailing District Natal: A Study With A Maqashid Al-Syari'ah Approach

2021 ◽  
Vol 5 (2) ◽  
pp. 1021
Author(s):  
Asrul Hamid ◽  
Dedisyah Putra
Keyword(s):  
Field Study ◽  
Daily Activity ◽  
Islamic Law ◽  
Human Life ◽  
Human Beings ◽  
Study Research ◽  
Social Nature ◽  
The Law ◽  
Friday Prayer ◽  
The Relationship

Islam, as a complete religion, regulates all human life. It regulates vertical ritual worship to Allah Almighty and regulates horizontal worship, namely the relationship between humans, so balance is needed in life. Humans as social creatures created by Allah need each other and cannot be separated from muamalah affairs such as buying and selling to fulfill their needs. Buying and selling is also a daily activity for everyone to meet the needs of their lives. Everyone who does buying and selling must know the law of buying and selling so that no one is harmed, especially the practice of buying and selling when Friday prayer are performed. Thus, the practice works under the provisions of Islamic law. Hablum minannas in the practice of muamalah towards fellow human beings must be in line with hablum minallah based on the guidance of Islamic law. Broadly speaking, Islamic law itself is divided into two; worship and muamalah. Muamalah is the rules (laws) of Allah Swt, intended to regulate human life in worldly affairs of a social nature. In this discussion, the author will explain the law of buying and selling during Friday prayer in Mandailing Natal Regency: a study with a maqashid al-syari'ah approach. This research is descriptive-analytical with the field study research through a normative, empirical approach. The results of this study is that the law of buying and selling that reaches the degree of urgency during Friday prayer is permissible with the aim of more significant benefit, namely protecting the soul (hifdzun an-Nafs) and (hifdzun al-Aql). This law applies in buying and selling medical drugs at pharmacies, hospitals, and other vital objects.

scholarly journals Criminal Force: Review of Islamic Law in Contemporary Context

Fahm-i-Islam ◽  
2020 ◽  
Vol 3 (1) ◽  
pp. 19-38
Author(s):  
Dr. Zainab Ameen ◽  
Sana Zia
Keyword(s):  
Human Body ◽  
Islamic Law ◽  
Human Life ◽  
Crimes Against Humanity ◽  
Human Beings ◽  
Contemporary Context

Like the limits of crime, crimes against human life and body are also very dangerous in terms of their effects, so the Qur'an has fixed their punishment for them. Islamic law has set specific punishments for it, and it does not allow any kind of crime to be reduced. These crimes have schakled the very basis of society and they have to be dealt with severely. The basic elements of society are the need to protect the structures on which the lives and deaths of society depend. These crimes can be basically divided into two types: 1.Crimes against human beings (e.g. murder) 2.Crimes against the human body. There is a long way to go around, and in the meantime, this kind of research is needed, the seriousness of which is far greater than the rest of researches. This article examined the crimes against humanity in the light of Islamic law.

scholarly journals Teologi Posmodern: Menimbang Konsep Naturalisme-Teistik

2015 ◽  
Vol 2 (1) ◽  
pp. 91
Author(s):  
Ghozi Ghozi
Keyword(s):  
Modern Science ◽  
Direct Influence ◽  
Human Beings ◽  
Islamic Theology ◽  
Indirect Influence ◽  
Postmodern Theology ◽  
External Dimension ◽  
The Law ◽  
The Relationship ◽  
The Universe

<p>This article will briefly discuss the problems of postmodern theology in the context of the relationship between God and nature. In this case, the author brings the conception of theistic naturalism in the view of classical theology of Islam. Theological conception of postmodernism (theistic naturalism) can be useful contributions to the refreshment of Islamic theology, particularly in the case <em>a</em><em>f</em><em>‘</em><em>â</em><em>l</em><em> </em><em>al</em><em>-</em><em>‘</em><em>ibâd</em> and its derivation. The concept of direct influence and indirect influence may help explain the intervention of God toward human beings without denying the law of causality, as the law that becomes standard of modern science. Nevertheless there are some things that need to be considered in this concept: <em>Firstly</em>, God is only the spirit of the universe, God has entrusted His power to the nature, and all the events occurred due to the co-creativity of God and nature. <em>Secondly</em>, God has no a direct influence on the external dimension, rather He is merely a Spirit of things who has influence on inner dimension.</p>

scholarly journals PROSES PENYELESAIAN SENGKETA PERDATA DI PENGADILAN NEGERI DALAM KAITANNYA DENGAN TRANSAKSI YANG MENGGUNAKAN INTERNET

2013 ◽  
Vol 8 (2) ◽  
Author(s):  
Sanyoto Sanyoto ◽  
Antonius Sidik Maryono ◽  
Rahadi Wasi Bintoro
Keyword(s):  
Human Life ◽  
Civil Conflict ◽  
Internet Technology ◽  
Face To Face ◽  
The People ◽  
Banking Activity ◽  
Private Rights ◽  
The Law ◽  
The Individual ◽  
The Relationship

The growth of technological Progress make the change of pattern in  the socialize human life, and it can conduct the economic activity in the local scale, regional and also global. In the individual assocciation by using internet technology will take the relation pattern between individual which it is unlike what that happened in the real world. By the existence of internet, contractual terms between subject of law and each other without meeting (face to face), even it is enabled for subject of law not to recognizing each other. During the people conducting activity in the illusory world, especially in the private law, like commerce, agreement and also banking activity, it is enabled to take a problems such as performed in the conventional private relationship. If the consumer internet in the private activity feel their private rights are impinged and they are wish to claim their rights, so there is civil conflict.  The relationship between the individual in the transaction using internet not yet arrange peculiarly in law and regulation. But judge have to find the law and also create the law if he confronted with a dispute in the transaction using internet. Kata kunci : hakim, hukum, internet, perdagangan elektronik, tanda tangan digital

scholarly journals Perkawinan Beda Agama Dalam Undang-Undang Nomor 23 Tahun 2006 Tentang Administrasi Kependudukan (Tinjauan Hukum Islam)

2020 ◽  
Vol 20 (2) ◽  
pp. 138
Author(s):  
Fakhrurrazi M.Yunus ◽  
Zahratul Aini
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
The Family ◽  
The Law ◽  
Negative Impacts ◽  
The Right ◽  
The Impact ◽  
The Relationship

Abstrak: Dalam Undang-Undang Nomor 23 Tahun 2006 tentang Administrasi Kependudukan adanya Pasal yang mengatur tentang perkawinan beda agama, dalam Pasal 35 huruf (a) yang menyatakan bahwa perkawinan yang ditetapkan oleh pengadilan. Namun dalam Undang-Undang tersebut tidak diatur secara jelas, sehingga memberi peluang timbulnya dampak negatif. Namun yang diakui di Indonesia jika pasangan suami istri yang berbeda agama harus memeluk agama yang sama di salah satu pasangan dengan maksud mereka harus pindah agama baik memeluk agama istri maupun suami. Dengan adanya berbagai kemudharatan yang timbul, maka hal itu tidak sesuai dengan hukum Islam. Oleh karena itu, penulis ingin mengetahui dampak perkawinan beda agama yang diatur dalam Undang-Undang Nomor 23 Tahun 2006 tentang administrasi  kependudukan dan tinjuan hukum Islam terhadap perkawinan beda agama dalam Undang-Undang Nomor 23 tahun 2006. Dalam penelitian ini, metode penelitian yang digunakan adalah Kualitatif. Berdasarkan dari hasil penelitian, dampak dari perkawinan beda agama yaitu dampak terhadap rumah tangga yang tidak harmonis menimbulkan kegelisahan, dan sulitnya berkomunikasi. Dampak terhadap anak yang membuat hubungan antara keluarga yaitu anak dan orang tua menjadi kacau dan tidak utuh karena mengetahui kedua orang tuanya berbeda keyakinan. Dampak terhadap harta warisan yang mengakibatkan anak yang lahir dari perkawinan beda agama tidak mempunyai hak untuk mendapatkan harta warisan apabila tidak seagama dengan pewaris yang dalam hal ini pewaris beragama Islam. Adapun tinjauan hukum Islam menyatakan bahwa perkawinan beda agama itu tidak sah, karena menurut fatwa MUI Nomor:4/MUNASVII/MUI/8/2005 menetapkan bahwa nikah beda agama hukumnya haram yang diperkuat dengan firmannya dalam surat al-mumtahanah ayat 10 dan al-baqarah ayat 221.Abstract: in Law No. 23 of 2006 on the administration of the population of the article governing the marriage of different religions, in article 35 letter (a) stating that the marriage is established by the court. But the law is not regulated, so it allows causing negative impacts. But it is recognized in Indonesia if different couples of religion must embrace the same religion in one partner with the intention they have to move religion both embrace the religion of the wife and husband. With the various blessings that arise, it is not under Islamic law. Therefore, the author wants to know the impact of the marriage of different religions organized in law Number 23 the year 2006 about the administration of population and the Islamic law to the marriage of different religions in the law Number 23 the year 2006. In this study, the research method used was qualitative. Based on the results of the study, the impact of the marriage of different religions is the impact on the unharmonious households raises anxiety, and difficulty communicating. The impact on the child who makes the relationship between the family is the child and the parent becomes chaotic and not intact because knowing both parents are different beliefs. The impact on the inheritance that resulted in children born from the marriage of different religions does not have the right to obtain inheritance if not as religious as the heir, in this case, Muslim heirs. The review of Islamic law states that the marriage of different religions is not valid, because according to fatwa MUI number: 4/MUNASVII/MUI/8/2005 stipulates that the marriage of different religious religion is haram strengthened by his word in Sura al-Mumtahanah verse 10 and al-Baqarah verses 221.

scholarly journals 人工智能批判的話語悖論

2019 ◽  
Vol 17 (2) ◽  
pp. 133-137
Author(s):  
Fen LIN
Keyword(s):  
New Technologies ◽  
New Technology ◽  
Critical Issue ◽  
Human Beings ◽  
Policy Makers ◽  
Social Nature ◽  
The Social ◽  
The Difference ◽  
Medical Accident ◽  
The Relationship

LANGUAGE NOTE | Document text in Chinese; abstract in English only.In the dominant discourse of the "human–machine relationship," people and machines are the subjects, with a mutually shaping influence. However, this framework neglects the crux of the current critical analysis of AI. It reduces the problems with new technology to the relationship between people and machines, ignoring the re-shaping of the relationship between "people and people" in the era of new technology. This simplification may mislead policy and legal regulations for new technologies. Why would a robot killing cause more panic than a murder committed by a human? Why is a robot's misdiagnosis more troubling than a doctor's? Why do patients assume that machines make more accurate diagnoses than doctors? When a medical accident occurs, who is responsible for the mistakes of an intelligent medical system? In the framework of traditional professionalism, the relationship between doctors and patients, whether trusted or not, is based on the premise that doctors have specialized knowledge that patients do not possess. Therefore, the authority of a doctor is the authority of knowledge. In the age of intelligence, do machines provide information or knowledge? Can this strengthen or weaken the authority of doctors? It is likely that in the age of intelligence, the professionalism, authority and trustworthiness of doctors require a new knowledge base. Therefore, the de-skilling of doctors is not an issue of individual doctors, but demands an update of the knowledge of the entire industry. Recognizing this, policy makers must not focus solely on the use of machines, but take a wider perspective, considering how to promote the development of doctors and coordinate the relationship between doctors with different levels of knowledge development. We often ask, "In the era of intelligence, what defines a human?" This philosophical thinking should be directed toward not only the difference between machines and people as individuals, but also how the relationship between human beings, i.e., the social nature of humans, evolves in different technological environments. In short, this commentary stresses that a "good" machine or an "evil" machine—beyond the sci-fi romance of such discourse—reflects the evolution of the relationships between people. In today's smart age, the critical issue is not the relationship between people and machines. It is how people adjust their relationships with other people as machines become necessary tools in life. In the era of intelligence, therefore, our legislation, policy and ethical discussion should resume their focus on evolutionary relationships between people.DOWNLOAD HISTORY | This article has been downloaded 41 times in Digital Commons before migrating into this platform.

The Life of Law and the Law of Life

2018 ◽  
Author(s):  
Michael Naas
Keyword(s):  
The Other ◽  
Human Beings ◽  
The Law ◽  
Written Law ◽  
The One ◽  
The Relationship

This chapter analyzes a large swath of Plato’s Statesman (287b–311c) in order to ask, with “Plato’s Pharmacy” in the background, about the Stranger’s claim that law—and especially written law, since writing is the essence of law—is at once inferior to rule without law and yet, in a world without divine rulers, absolutely necessary for human governance. This chapter returns to many of the insights from Chapter 2 on the myth of the two ages, since what that myth demonstrated was the desirability and yet impossibility of an age in which a truly divine being rules over human beings and the concomitant necessity of trying to imitate that age through laws. Once again, we see that what is at issue in the relationship between the two ages, as well as in the relationship between a regime without law and a regime with it, are two different valences or valuations of life—the values of pure life, fecundity, spontaneity, and memory, on the one hand, and the values of death in life, forgetting in memory, and sterility in fecundity, on the other.

John Dewey’s Debt to William James

2018 ◽  
pp. 614-628
Author(s):  
James Campbell
Keyword(s):  
Social Practice ◽  
William James ◽  
Human Life ◽  
Religious Traditions ◽  
Social Nature ◽  
The Social ◽  
Pragmatic Account ◽  
Relationship Of ◽  
The Relationship

This chapter discusses the relationship of William James (1842–1910) and John Dewey (1859–1952). In particular, it attempts to tease out the ways in which Dewey’s thought drew upon ideas presented earlier by James. Among the Jamesian themes that appear in Dewey’s work are Dewey’s melioristic, pragmatic account of social practice; his emphasis upon the importance of habits in organized human life; his presentation of the role of philosophy as a means of improving daily life; his recognition of the social nature of the self; and his call for a rejection of religious traditions and institutions in favor of an emphasis upon religious experience. Clarifying Dewey’s relationship with James should in no way lessen the value of Dewey’s thought. Rather, it makes clearer the continuities that existed between these two pragmatic thinkers.

Law in Doctrine and Life According to Martin Luther

2017 ◽  
Author(s):  
Risto Saarinen ◽  
Derek R. Nelson
Keyword(s):  
Interpersonal Relationships ◽  
Human Life ◽  
Golden Rule ◽  
Human Beings ◽  
Christian Life ◽  
God's Will ◽  
Rabbinic Judaism ◽  
Unity In Diversity ◽  
The Law ◽  
The One

The law both is and functions in Martin Luther’s theology. To the extent that it simply is, the law is wholly good, just, and pure. It reveals God’s benevolent providence for creation by instantiating structures of human relationships, natural processes, and social arrangements within which human life and all of creation can flourish. Luther regards the essential character of the law in a way reminiscent of the haggadah tradition of Rabbinic Judaism, where the law is a narrative which reveals features of the lawgiver. Under the conditions of sin, however, the law can be experienced as wrath by humans who cannot fulfill what it requires, and who suffer as a result of their own transgression of the Word of God or as a result of the transgressions of others. It functions thus as a curb against wickedness and as a means of exposing sin to be sin. Its continued presence in the life of the believer is necessary, as Luther clarified in his various debates with Johann Agricola and the so-called “Antinomians.” When the law is understood only in its antinomy with the gospel, the life-affirming elements of the law are occluded, even as the gospel’s life-redeeming elements are thereby rendered clear. While numerous fine distinctions can be found in Luther’s theology of the law, it maintains a basic unity-in-diversity. God wills singly in dealing with human beings as his creatures. Therefore “civil law,” the Decalogue, and other manifestations of the law are facets of the one will of God for the flourishing of creation. Recent Pauline scholarship has criticized Luther for eisegesis on Paul’s view of the law; Luther needed to see his contemporary Roman partisans as Paul’s legalistic Jewish opponents, they say, and so he read Romans as a critique of 16th-century “works righteousness.” This view ignores the fact that Luther (and Augustine) viewed the post-conversion Paul as “continent” in doing the works of the law, neither weak-willed nor perfectly virtuous. Law is necessary for doctrine, but it is also important for the “Christian life” because it helps the believer to understand the reciprocity that underlies interpersonal relationships, seen especially in the “golden rule” that functions as the epitome of the Christian life. The radical receptivity (i.e., passivity) that characterizes the life of faith in believers enables the experience of God’s will, understood as law or command, in a constructive and beneficial way. While Christian life should employ a “faith approach” rather than a “law approach,” genuine faith in God does, in fact, reveal the true meaning of the law. This might be called the “second use of the gospel” in that God’s command (Gebot), viewed in light of the gospel, becomes a source of guidance for the Christian life, the ten commandments, the double love command, and the Sermon on the Mount chief among them.

scholarly journals TEORI KEADILAN DALAM PERSPEKTIF FILSAFAT HUKUM DAN ISLAM

2018 ◽  
Vol 14 (2) ◽  
pp. 27-44
Author(s):  
Muhammad Kurniawan Budi Wibowo
Keyword(s):  
Social Justice ◽  
Islamic Law ◽  
Human Life ◽  
General Concept ◽  
Legal Philosophy ◽  
Human Interest ◽  
Theory Of Justice ◽  
Divine Justice ◽  
The World ◽  
The Law

The existence of Islamic law in the world is to regulate human life, both as a person and as a member of society in order to behave according to the wishes of the Creator. This is different from the general concept of law which is only intended to regulate human life as members of society or in other word the law exists because of the conflict of human interest. Among the problems in the philosophy of Islamic law, the most frequent discourse is about the issue of justice in relation to the law. This is because the law or regulation must be fair, but in fact it is often not. This paper will describe this issue of justice from the perspective of legal philosophy and Islam. In the perspective of legal philosophy, the author will only parse the theory of justice Aristotle and John Rawl. Whereas in the perspective of Islamic legal philosophy, the author will parse the theory of the Muktazilah and Asyariyah divine justice, and the Islamic Maqasyid Theory as the ideals of Islamic legal social justice.

scholarly journals UNIVERSALITAS DAN LOKALITAS HUKUM ISLAM

2015 ◽  
Vol 10 (1) ◽  
pp. 71-91
Author(s):  
A. Malthuf Siroj
Keyword(s):  
Common Ground ◽  
Islamic Law ◽  
Legal Discourse ◽  
Two Dimensions ◽  
The Other ◽  
Human Beings ◽  
Mutual Attraction ◽  
Legal Thought ◽  
The Law

Islamic law has two dimensions at once, namely universality and locality. In contemporary Islamic legal thought, there are two trends that contain mutual attraction between the two to bring dimension of locality to the dimension of universality on one side, and vice versa on the other side. As a consequence, there will be two possibilities, absoluteness or relativization of Islamic law. The legal discourse increasingly gains its own intensity in recently in line with the development of science and the use of various approaches in the study of Islamic law. Islamic law that is universally used is called syari`ah. This syariah law is rules of Allah SWT that is produced from texts with qath’î quality either from the side of the existency or the meanings without human beings rasional (ra’y) intervention because those texts are not the object of Ijtihad. Meanwhile, local Islamic Law is called fiqh. It is the law which is produced from texts with zhannî quality and becomes an object of Ijtihad. Because Fiqh is the result of Ijtihad so that it is usual when there are many madzhabs on it. Therefore, this paper will put this issue in proportion to find common ground between the two trends of contemporary Islamic legal thought. So that, it will hopefully clear up us the limits of universality and locality dimension of Islamic law, a focus of this legal discourse.

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