scholarly journals Diskursus Khilafah dalam Kajian Fiqh Siyasah Klasik dan Kontemporer

2021 ◽  
Vol 15 (2) ◽  
pp. 325-344
Author(s):  
Ismail Marzuki

Until now, the Muslim community in Indonesia is flooded with massive information about the discourse of the obligation to establish a caliphate. Some argue that establishing a caliphate is an obligation for all Muslims. This article discusses the caliphate discourse in the study of fiqh al-siyasa in the classical era and the contemporary era. The discourse on the caliphate in the contemporary era has warmed up after the collapse of the Ottoman Turks in 1924, the debate on theme of the caliphate in the contemporary era is about whether there is a standard form of government and Islam, the legal status of establishing a caliphate, and so on. This theme is different from the themes of the discussion of the caliphate in the classical era, in this era, themes the caliphate revolved around aspects of Islamic leadership values, such as procedures for choosing a caliph/leader, political ethics that must be held by leaders and other state officials.

Religions ◽  
2019 ◽  
Vol 10 (12) ◽  
pp. 662
Author(s):  
Alison Scott-Baumann ◽  
Alyaa Ebbiary ◽  
Shams Ad Duha Mohammad ◽  
Safiyya Dhorat ◽  
Shahanaz Begum ◽  
...  

The Universities and Muslim Seminaries Project (UMSEP) addresses three key issues in the narrative of Muslim communal identity and religious leadership in Britain today: firstly, the need for the accreditation of Darul Ulooms (Muslim seminaries) and external validation of their programmes; secondly, understanding the career trajectories of Darul Uloom graduates, and exploring good practice; thirdly, understanding emerging leadership models in the British Muslim community. This project is a community-led, positive response to a large Arts and Humanities Research Council (AHRC)-funded research project (Re/presenting Islam on campus) conducted between 2015–2018, which identified discrimination against Muslim staff and students and the politicization of their identity due to counter terror securitisation measures. The community project summarized here in interim form proposes powerful and informed antidotes to discrimination: pathways to mutual recognition in higher education. We used interviews, workshops, and surveys and triangulated our findings to draw our draft conclusions. Firstly, we found enough interest in universities and Darul Ulooms to proceed with accreditation for an Islamic course with the same standing as a degree. Secondly, we identified barriers to career pathways for Muslims. Thirdly, we developed new models of Muslim community leadership, most notably Muslim chaplaincy with spiritual components: a career path with specific significance for Muslim women.


IKONOMIKA ◽  
2020 ◽  
Vol 5 (1) ◽  
pp. 43-54
Author(s):  
Aliyu Ibrahim Musaddad (Nasrawa State University, Nigeria) ◽  
Abubakar Mohammed Inuwa (Nasrawa State University, Nigeria)

 There is no doubt leadership has been given a tremendous place and a key positioning in Islam, Qur’an, Sunnah and the consensus of Ulama’u (Muslim scholars) have made it apparent about the necessity of leadership among the Muslim community. Most recently, the issue of leadership in Nigeria has become a major concern to the Nigerians. Whilst some research has been conducted to examine the solutions to Nigerian leadership, little attention has been paid to Islamic approaches of accountability which is the vital pillar of governance as the key towards sustainable leadership in Nigeria. This study therefore seeks to explore the lessons from leadership and accountability during the caliphate of Umar bin Abdulaziz (R.A) as a panacea to Nigerian Leaders.The methodology of the study relies on critical and comprehensive analysis of the existing published literature related to the topic. Hence, data collection is effected through the qualitative method. The findings of this study revealed that there are lots of lessons and wisdoms that Nigerian government could acquire from the history of caliphate Umar such as his reformations and innovations in governing the state as reflected in siyasah shar’iyyah which can be solution for practicing good governance in Nigeria. Based on the findings, it was recommended that fear of Allah and believing in accountability is the best option for leaders.Key words: Leadership, Islam, Model, Accountability, Good Governance.


2020 ◽  
Vol 3 (XX) ◽  
pp. 19-36
Author(s):  
Wiktor Hołubko

After the collapse of the USSR in August 1991 and the emergence of new sovereign states on its territory, they all formed the office of the president within a few years. It became very attractive to them for a number of reasons: it was able to guarantee political stability in the face of radical transformations of their systems, to facilitate the transition from authoritarianism to democracy, and to legitimize the political and legal status of the former Soviet ruling elites. During the years of independence, the presidency has taken various forms. A large part of post-Soviet states chose the presidential form of government in some places with signs of authoritarianism, which was reflected in the desire to constantly strengthen the role of this office. Few states have chosen a mixed form of government in which the office of the president is largely influenced by the balance of domestic political forces. The phenomenon of its excessive personification plays an important role in determining the influence of the president on the functioning of public authorities in post-Soviet countries. The least popular is the parliamentary form of government, in which the office of the president is left with very limited powers.


1943 ◽  
Vol 37 (4) ◽  
pp. 692-697 ◽  
Author(s):  
William Foote Whyte

When the American form of government and our democratic way of life hang in the balance of armed conflict, the political scientist feels impelled more than ever to rally to the defense of these values. He Writes volumes to defend our system and to attack the systems of our enemies. He writes political philosophy and political ethics—just plain politics is forgotten.The uninformed layman might expect from his title that the political scientist would be an expert in the analysis of political processes in his own community. He would be disappointed. The following comment made by Aristotle centuries ago applies with equal validity to the problem of political science today: “Must we not admit that the political science plainly does not stand on a similar footing to that of other sciences and faculties? I mean that while in all other cases those who impart the faculties and themselves exert them are identical (physicians and painters, for instance), matters of Statesmanship the Sophists profess to teach, but not one of them practices it, that being left to those actually engaged in it: and these might really very well be thought to do it by some singular knack and by mere practice rather than by any intellectual process; for they neither write nor speak on these matters (though it might do more to their credit than composing speeches for the courts or the assembly)….” Since the politician of today remains inarticulate when it comes to discussing his methods for publication, the responsibility of building a science of politics, if there is to be such a science, continues to rest with the political scientists.


2019 ◽  
Vol 69 ◽  
pp. 00024
Author(s):  
Yuri Bokov

The study revealed the etymology, historical, legal development, the essence and content of the concepts of “citizen” and “subject”, “citizenship” and “allegiance”. An important influence on the content of these terms is derived from the concept of “civic spirit”, which absorbs the political will and attitude of the state towards its citizens, citizens towards the state and society. Citizenship is not static and is a dynamically developing legal and social institution from allegiance to post-national, global, supranational, ecological and digital citizenship, but not to new allegiance. For the concept “citizen”, the democratic vector of development is the enrichment of a person’s status not only with rights but also with the actual content of a citizen-state relationship: from a city dweller to a person who is subject to authority and has full democratic legal status, high index and competences of civic spirit and having a stable legal relationship with the state (as a rule, the republican form of government). In a moral sense, it is obvious that, if a citizen sees democracy in the order that best corresponds to his views, then, from the point of view of an equitable distribution of the burden, everyone should contribute to it.


Author(s):  
Daniel Weinstock

The concept of citizenship denotes a legal status, an identity, and a range of distinctive activities and practices. These dimensions of citizenship are unified by the fact that they are all underpinned by a unifying and universalist logic. Modern societies are culturally diverse. Many of them are constitutively diverse, in that cultural diversity was present at their founding. Others are contingently diverse, in that they have been subject to processes such as immigration that has diversified them after founding. Many arguments have been developed to show that there are strong grounds, compatible with a broadly liberal political ethics, to resist arguments for shared citizenship in the context of constitutively culturally diverse societies. But contingently culturally diverse societies, to the degree that they recognize and enforce individual rights, are also ill-equipped to enforce a thick shared citizenship identity. Perfectionist arguments for citizenship fall foul of liberal principles. Rather than a shared identity or shared obligations imposed by the state, multicultural societies can see the emergence of shared identities and ethos emerging “from below”.


Author(s):  
A. V. Melikov ◽  

The results of studying the issue of the evolution of the constitutional and legal status of the Greek king are presented. The monarchical form of government imposed on Greece by the patron powers of the Old World being accepted as the standard of the European form of state structure reflected the processes of reduction, and sometimes even disappearance, of its characteristic features. The history of Greek law and the state in 1830 – 1974 showed periodic changes in the status of the king, which was preceded by internal political tension (in the form of clashes with the will of the people, inconsistencies with the interests of the army, the immaturity of the party system, economic instability, etc.) and constant pressure from outside. When studying the process of changing the constitutional and legal status of the king of Greece, the cause-and-effect relationships of these transformations were identified and the discrepancy between the features of governing the Greek kingdom and the characteristic features of absolute monarchical government were clarified. The limited nature of the status of the king, the dynastic change, the specific transfer of power, which did not personify either the unity of the nation or the historical continuity of the tradition of the head of state, characterize the development of the Greek monarchy as atypical for this form of government. Therefore, according to the author, the form of government in the Greek kingdom can be considered as “non-conventional monarchy”.


Author(s):  
Viktoriya Serzhanova

In 1990 the Pridnestrovian Moldavian Republic seceded from Moldavia which was then a part of the USSR. Since that time the legal status of the region has remained unclear and not fully explicit. Today, despite the fact that a quarter of the century has passed since its creation, the Republic remains a de facto state, as it has not been recognised by the international community. Under international law, Transnistria is treated as a Moldavian autonomous region having a special status. From the perspective of the theory of state and constitutional law it undoubtedly possesses all the attributes of statehood. This paper is a consecutive publication of the series of papers constituting a wider research into Transnistria’s legal status. It aims at analysing its binding basic law and the assumptions of its constitutional system. It particularly characterizes the shape and makes exegesis of the content of the independent Transnistria’s constitution of 1995, which has been revised several times and is still in force. The further parts of the article have been dedicated to (i) the origin of the fi rst Constitution of independent Transnistria of 1991, which was in force for only four years; (ii) the adoption and development of the presently binding Constitution of 1995; (iii) the general and detailed systematics of this act; and (iv) the constitutional solutions implemented in its present text edition. First and foremost the results of this research contribute to the determination of the present assumptions of Transnistria’s constitutional system, its catalogue of fundamental principles, human rights and freedoms, the system of the supreme state authorities and the form of government. Moreover, it enables to estimate the eff ectiveness of Transnistria’s constitutional mechanisms in their practical functioning. Thus it allows to determine the region’s legal status more precisely.


2020 ◽  
Vol 15 (11) ◽  
pp. 114-121
Author(s):  
E. N. Gorlova

The paper examines the classification of subjects of financial law; it is proposed that, along with public and private entities, they should also include para-public entities. The authors suggest defining para-public entities as authorized legal entities established by law for exercising public administration, providing public services and performing other public functions. This category is based on the need to implement public interests in modern conditions. The author analyses foreign experience concerning delegation of government powers to para-public organizations in Brazil and the United Kingdom. The author has examined the legal status of non-state organizations, performing public functions. It is proposed to use a contractual method of regulation of financial relations, including the application of standard form contracts (public contracts) in financial law. The introduction of the institution of contract, autonomy, financial independence and self-government into the mechanism of public administration will help to solve a number of key problems of financial activity. At the same time, it is necessary to develop the institution of standard form contracts (public contracts) already existing in financial law, by which we propose to refer to the agreement concluded in the established form for public purposes by two or more entities, one of which is a public authority, and aimed at the realization of the public interest.


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