scholarly journals Relevansi Penerapan ‘Iddah di Era Teknologi Modern

2018 ◽  
Vol 10 (1) ◽  
pp. 121-142
Author(s):  
Nurnazli Nurnazli

The development of science and technology today is not a reason to remove the provisions about ‘iddah that has been set in the Qur'an and Sunnah. 'Illat law and the purpose of enactment of ‘iddah which has been discussed needs to be reviewed. ‘iddah not only to know the empty uterus of the fetus, self-introspection, condition and period of mourning, but there is a higher purpose, that is belief in Allah and honor the noble covenant at the marriage ceremony. The noble agreement is realized in the ijâb and qabûl between men and women guardians. Consequently, if the marriage breaks up either because of death or divorce, both sides must respect the agreement. They must be equally restricted with the ‘iddah way until the time set by Syar'i, especially for women whose existence is more glorified and also the aim of the law' ‘iddah is for the common good.

Author(s):  
Bukhari Bukhari

The existence of a man and woman who have no kinship so that it is lawful to marry her, in a lonely place without being ac companied by a mahram of the male or female side. This khalwat is a crime that is not subject to hudud punishment and kafarah punishment. This form of khalwat crime is included in the category of ta'zir finger whose number of punishment is not limited. In the Qur'an and Sunnah this khalwat act is highly reproached, but not clearly regulated in the Qur'an and Sunnah. So this act can be entered into the ta'zir group. All deeds that should (need) be forbidden to fulfill the common good (community). This prohibition must necessarily be made on the basis of community agreement / consensus in ways that are considered eligible. In North Aceh, the khalwat actors who are close to the power are hard to touch with the law, it is not surprising to all of us to remember that the law in this country is not yet the commander but the law is merely a bargaining position in everyday life.


2020 ◽  
pp. 325-331
Author(s):  
Raymond Wacks

Do we have a moral duty to obey the law? Do we, in other words, have a moral obligation to comply with legal rules simply because they are legal rules? What about obviously unfair or unjust laws? Or laws that impose unreasonable demands on us? The question of whether we have a duty to follow the demands of the law raises some fundamental issues regarding the nature of law and its moral claims. This chapter examines a number of possible reasons for obeying the law. It will examine the principal justifications for obedience: fair play, consent, the common good, and gratitude.


Daedalus ◽  
2013 ◽  
Vol 142 (2) ◽  
pp. 84-94
Author(s):  
Mickey Edwards

Even if most of us can agree on a definition of the “common good” (not a simple matter), there are substantial barriers to establishing public policies in accord with that agreement. The “democratic” element in our political system – the right of voters to choose the men and women who will create our laws – depends on the views of those voters being given considerable weight in determining eventual policy outcomes. Unfortunately, we have developed a political system – both in our elections and in the governing process – that gives disproportionate influence to relatively small numbers of voters (who are also the most partisan) and allows political parties through their closed procedures to limit the choices available to general election voters. Coupled with legislative rules that allow partisans to determine the makeup of legislative committees, the resulting process leaves the common good, however defined, a secondary consideration at best.


Horizons ◽  
2017 ◽  
Vol 44 (1) ◽  
pp. 108-136
Author(s):  
Jennifer Beste

In his work Poverty of Spirit, Johann Metz depicts Jesus Christ as embodying three aspects of poverty of spirit required to become fully human: (1) an affirmation of interdependence on God and others, (2) self-love (accepting human finitude and one's unique calling), and (3) love of neighbor as self. Drawing on a qualitative analysis of 150 students’ reflections on poverty of spirit within the context of party and hookup culture, this article explores the challenges US undergraduates face in following Christ's path of full humanity. Undergraduates’ own insights issue an urgent call to Catholic universities to respond proactively to the dehumanization, injustices, and forms of violence present in party and hookup culture. At stake is the integrity of Catholic higher education's mission to care for the whole person and form students into men and women “for others” who are committed to justice, solidarity, and the common good.


2018 ◽  
Vol 42 (1) ◽  
pp. 11-31
Author(s):  
Sandra Regina Martini ◽  
Vanessa Chiari Gonçalves ◽  
Bárbara Bruna de Oliveira Simões

 O artigo trata da terra,  memória e direito com o objetivo de reconsiderar a terra como bem comum da humanidade, as referências jurídico políticas e sociais utilizadas são as brasileiras até a década de 80, pois entendemos que a nova Constituição embora apresente avanços significativos, não é suficiente para enfrentar a complexidade do direito ao bem comum terra. O direito precisa retomar a memória para cumprir sua função de evitar e compor conflitos, ou seja, o direito tem uma função preventiva, deve operar prevenindo e compondo conflitos advindos das mais diversas instâncias, em especial, neste artigo, dos Movimentos Sociais, sem os quais não é possível pensar na terra como bem da comunidade, pois são os movimentos sociais que trazem para o cenário jurídico-político a conflitualidade da sociedade, por isso são sistemas autoreferenciais de comunicação, que se inserem nos sistemas jurídico e político como reação da própria sociedade diferenciada funcionalmente. Assim, constrói-se a ideia de terra como um bem comum da humanidade, passando pela cooperação entre o local e o global. Abstract The article deals with land, memory and law with the objective of reconsidering land as a common good of humanity, the legal and political references used are Brazilian until the 1980s, since we understand that the new Constitution does is sufficient to face the complexity of the right to the common good land. The law needs to retake the memory to fulfill its function of avoiding and composing conflicts, that is, the right has a preventive function, it must operate preventing and composing conflicts arising from the most diverse instances, especially in this article of the Social Movements, without which it is not possible to think of the land as a community good, because it is the social movements that bring to the juridical-political scenario the conflict of the society, for that reason they are self-referential systems of communication, that are inserted in the legal and political systems as a reaction of the own society functionally differentiated. Thus, the idea of land is constructed as a common good of humanity, through the cooperation between local and global.  


2021 ◽  
Vol 33 (1) ◽  
pp. 89-111
Author(s):  
Aubrey Manthwa ◽  
Paul Nkoane

The deceitful use of trusts has created a fair amount of controversy, specifically where it has appeared that a trust has been employed to limit the rights of third parties. This article argues that it is in the interests of the law to ensure that rights are vindicated when unlawfully limited. Similarly, it is in the interest of the common good that legitimately acquired rights are protected. Trust laws state that there must be a separation between control and enjoyment and, in cases where there is no separation, the courts may scrutinise the affairs of a trust. Recent developments have illustrated that measures that provide relief to spouses upon the dissolution of the marriage may not be readily invoked, especially for marriages in community of property. Family trusts have provided spouses with avenues for hiding assets that would otherwise fall into the joint estate. Courts need to adopt a robust approach when dealing with trust assets upon the dissolution of a marriage, particularly to protect the rights of competing spouses.


Semiotica ◽  
2016 ◽  
Vol 2016 (209) ◽  
pp. 249-275
Author(s):  
Soo Meng Jude Chua

AbstractIn “What is Marriage?” (2010), Girgis et al. explain how the legal redefinition of the traditional meaning of marriage would erode not only the institution, but also the common good. More importantly, they argue that there are principled reasons why the law should distinguish conjugal and revisionist conceptions of unions and retain the conjugal meaning of “marriage.” However their arguments I argue are problematic. Retrieving their insights, I develop a different argument on behalf of their case. By examining phenomenologically the dynamism of the life-world of relationships under the “conjugal” and the “revisionist” conceptions of marriage, rather than the physics of coitus and same sex activity, I argue that there is a distinct difference between the two types of unions. Also, conjugal unions matures us so that we can become other-caring persons, with civilizing effects that trickle outwards into the community from the core of a conjugal family unit. I conclude that the law should retain the traditional meaning of “marriage” to include only conjugal unions, in order to point to these instead of others, with the social and civilizing benefits these unions entail when young men and women aspire to and attain these.


Author(s):  
Hartmut Rudolph

This chapter discusses Leibniz’s life-long efforts to create societies or academies of science. He was convinced that by collecting the knowledge available to humankind and by improving upon it through innovations in science and technology, rulers could ameliorate conditions in their territories, benefitting both themselves and their subjects, and thereby increasing their welfare and happiness. In Leibniz’s view, all this would be achieved if the work of scientists were motivated not by pure curiosity but by aiming at utility. In other words, scientists should work as subjects of God’s universal monarchy who contribute to the common good by combining theoria cum praxi. Leibniz’s plans comprised far-reaching economic, administrative, and educational reforms, as well as concrete proposals for financing them. At the same time, Leibniz also sought the directorship of the proposed institutions in order to secure cooperation among European societies.


2015 ◽  
Vol 771 ◽  
pp. 187-190
Author(s):  
Aloysius Rusli

Advances in science and technology have encompassed ever larger and ever smaller scales of time, distance, mass, electrical and electronic devices, temperature, pressure. However, scientific and science awareness have not developed in step in the general population. Many people still regard science and technology as wizardy and magic, incomprehensible and unattainable for the common person. This could be called a cultural time bomb, as the widening divide between scientist’s and technologist’s views with the common lay person’s views will cause a divide between their culture as well. And when the people's legal representatives become differently cultured compared with scientists and technologists, this will cause legal decisions getting disconnected with the common good, due to the incomprehension about science and the scientific way in the representative's way of thinking. This increasing disconnect will not help improving the common good: the nuclear power plant issue is a clear example. A not-so-recent issue of 'shall we signal our presence to extraterrestrial intelligence, or would that attract evil beings towards us?' is also a timely example. Fundamental metrology, with its concern and endeavour to improve and develop appropriate definitions of units and its standards, can decrease uncertainties and increase precision and levels of confidence in its measurements. This can and should play a significant role to improve critical thinking and reflection through improving scientific and science awareness of the general public, to be more able to comprehend some basics in science and technology, and so to recognize relevant ethical issues, realize the sometimes difficult choices between competing technologies, which need critical reflection to be able to discern proper and just choices. This report describes initiation and development of a classroom effort in this direction during these past 15 years, usually receiving appreciation from students, both at the undergraduate and postgraduate level, with an oft-expressed comment, "This should be introduced at secondary level, to become earlier aware of the role and importance of units and standards, and the human aspects of its origins and history". It is proposed that leaders in fundamental metrology of the various units, standards, processes, and history, should enhance efforts and publications to improve scientific and science awareness of the general public, by introducing metrological issues in a popular and interesting way to secondary and university level students.


Sign in / Sign up

Export Citation Format

Share Document