scholarly journals Исламская пресса в раннесоветском Дагестане и журнал «Мусульмане Советского Востока»

Islamology ◽  
2017 ◽  
Vol 7 (2) ◽  
pp. 74 ◽  
Author(s):  
Shamil Shikhaliev

An analysis of a number of articles in imperial and early Soviet newspapers and journals, including “Jaridat Dagistan”, shows that the theological discussion that existed in Dagestan in manuscript tradition for more than three hundred years migrated to some extent to new press. This applies to some issues of the theory of Islamic law (the problem of taqlid and ijtihad), as well as some practical legal issues in the field of worship (‘ibada) and in the sphere of social relations (mu’amala).In the late 1960’s in Tashkent, the journal “Muslims of the Soviet Orient” was founded, many issues of which were sent to Dagestan in Uzbek (in Arabic script) and in Arabic; various issues of this journal are currently being found in a number of private collections in Dagestan. In many articles the influence of the already established Soviet Oriental scholarly tradition is noticeable. Articles devoted to the theory and practice of Islamic law, to various issues of Muslim theology, are practically absent. An analysis of the articles of this journal and the “Jaridat Dagistan” shows that if the latter was formed and edited exclusively by Dagestani theologians and served as a platform for discussing theological issues, the journal “Muslims of the Soviet Orient” was a Soviet attempt to represent Muslims and showed how they were seen or wanted to be seen by Soviet authority.

Islamology ◽  
2019 ◽  
Vol 9 (1-2) ◽  
pp. 95
Author(s):  
Shamil Shikhaliev

The article is devoted to the references to the Tatar scholar Shihabaddin Mardjani in the Dagestani Arabic-script manuscripts written in the first third of the 20th century. Daghestani scholars noted the important role of Mardjani and his works in the intellectual history of Islam. For this reason, they travelled to Kazan to get an acquaintance with him and copied his works. Dagestani scholars wrote reviews on his works as well as dedicated poems to Mardjani himself. Later, the name Mardjani entered the Dagestani legal tradition in the framework of debates on taqlid and ijtihad. Along with classical Arab scholars, the name of Mardjani has been often referred in Daghestani manuscripts on the theory of Muslim Law. Althoug Dagestani Muslim jurists held different views on issues of taqlid and ijtihad, each of them interpreted the ideas of Mardjani on Islamic legal issues in his own way. Regardless of their preferences in the matters of theory of Islamic law, Dagestani scholars highly valued the authority of Mardjani as a one of the major scholars in the Islamic World.


2015 ◽  
Vol 2 (2) ◽  
pp. 101-116 ◽  
Author(s):  
Ali Rosdin

Buton the beginning of the country is filled with myths, which serves to form a world view of cosmocentric in determining descriptions of time, space, and society. Buton as a kingdom lasted for over two centuries (1327-1541) and then continued with a sultanate era for more than four centuries (1541-1960). During the era of the kingdom, Buton was not acquainted with script and literary tradition. Apparently, tradition of writing manuscript was firstly known in the sultanate era, when the process of Islamization began by the scholars who introduced the tradition of reading and writing the Arabic script, which was later modified into a Buton script (Buri Wolio). Sultanate built on the basis of ideology of Islam and Sufism applied teachings of “martabat tujuh” on the system and structure of government. The manuscripts tradition achieved its golden peak in the reign of the 29th Sultan, La Ode Muhammad Idrus Kaimuddin (1824-1851), which was instituted in a Zawiah school. Today, there are about 340 texts in Buton manuscripts, which are mostly found in the collections of Abdul Mulku Zahari. In addition, there are still many other texts may be found on varied other private collections, which the numbers are difficult to determine because of various reasons.


1997 ◽  
Vol 42 (2) ◽  
pp. 171-171
Author(s):  
Lucia Albino Gilbert

2017 ◽  
Vol 3 ◽  
Author(s):  
Zabaidah Haji Kamaludin

An Islamic system of governance is an ideal system, which is a tantalising objective for many Muslims but often times not achieved in practice. Countries may call themselves ‘Islamic’ but the core element of Islamicity, that of values such as compassion, equity and justice may not have breached the consciousness of their leaders and citizens. Sometimes it is individuals who act as the catalyst for sparking action. For a Muslim, it is his īmān that serves to light his conscience, and guiding him the dispensation of his everyday tasks within his organisation. This individualised īmān may at times serve as a small but critical factor tilting the different organisational functions of government towards integrations under an Islamic system of governance. This paper recounts the challenges of a Muslim engaging in legal issues in a non-Islamic context, seeking to help enable his organisation to undertake the role of incorporating non-Islamic law with Islamic values.


2018 ◽  
Vol 34 (3) ◽  
pp. 267-285 ◽  
Author(s):  
Lucie Laurian ◽  
Andy Inch

Planning seeks to shape sociospatial outcomes but is also, by nature, future oriented. Yet, planning theory and practice have paid relatively little attention to ongoing debates about changing social relations to time. Building on a wide range of disciplines, we review the multiple temporalities through which lives are lived, the modern imposition of clock time, postmodern acceleration phenomena in the Anthropocene, and their implications for planning’s relationship to the past, present, and future and for planning theory. We discuss how thinking more and differently about time might challenge and improve planning by helping theory do better justice to the complexity of practice. We conclude by outlining eight propositions for rethinking planning’s relationship to time.


2018 ◽  
Vol 150 ◽  
pp. 05056
Author(s):  
Abdulrahman M.A.Albelahi ◽  
A. Ali ◽  
Faten Mohmed ◽  
Metwally Ali

Since the beginning, legal theory has concerned itself with the establishment of principles and precepts that govern the procedure of legal interpretation, from the initial stages of the judicial reasoning down to the promulgation of ruling and their implementation, Islam is a total way of life. Muslims are obliged to abide by the rules of Allah in every aspect of their lives, always and wherever they live. However, the actual rules of Allah as given in the Qur’an and the sunna are limited. The Qur’an contains only six hundred verses directly related to laws, and there are approximately two thousand hadiths. The function of interpretation is to discover the intention of the Lawmaker of the matter, therefore, interpretat primarily concerned with the discovery of that which is rot self-evident the objective of interpretation is to ascertain the intention c the Lawmaker with regard to what has been left unexpressed as a matter of necessary interference from the surrounding circumstances. Sometimes, the textual sources did not provide detailed guidelines in which to derive the law, and then the role of interpretation is important to determine the law. In Islamic law the role of Ijtihad undoubtedly important in order to meet new problems. But some of the Jurist contended that the role of Ijtihad had ended and we have to follow the rule that has been stated. An explanation given to this trend is that a point had been reached at which all essential question of law had been thoroughly discussed and further deliberation was deemed unnecessary. In Common law, man-made law and legislation are related to one another within a philosophy of law. Parliament makes law and it is the duty of the courts to give effect to them if properly enacted. While courts may rule that a particular statute or section is invalid for various reasons such as unconstitutionality, they cannot say, "We shall change this Act because it is not appropriate". That function belongs to Parliament (Wu Min Aun 1990: 120). So as in Islamic law, the Lawmaker is Allah S.w.t and the sacred text (Quran) is legislated due to His intention whereas Sunnah of the Prophet Muhammad is enacted due to the Prophet's intention. Therefore, Ulama of Usul Fiqh, in making any Ijtihad, they are du y bound to be guided by Quran and Sunnah.


Author(s):  
Dwi Sagita Akbar ◽  
Busyro Busyro ◽  
Afifi Fauzi Abbas

<em>In order to offer a transformative discourse Abdullah Ahmad An-Na'im build a method he called with the evolution of Shari'ah (abrogated). According to him the method can respond to contemporary issues at this time. Because he assumed that abrogating is one of the principal methods and has a wide and high complexity in theology and fiqh (jurisprudence) of Islam. He tries to deconstruct abrogated method and also some methods of ijtihad that had been considered settled by the classical scholar. Abdullah Ahmad An-Na'im radically have done repeated studies against the epistimologi Islamic law as well as the mereformulasi return and customize it with the standard of human rights as well as international law as a benchmark. The method developed by Abdullah Ahmad An-Na'im, he stated three important things that need to be done to realize the abrogating. Text, values of humanity, and logic. He also overestimated human rights, so that a text (paragraph) may be enforced in accordance with human rights. In order to answer the legal issues of contemporary Islam.   </em>


2018 ◽  
Vol 2 (2) ◽  
pp. 174
Author(s):  
Muhammad Zainuddin Sunarto

Social relations in modern times is now very universal, without limitation of religion, race, and class, then it allows two people of different religions into love, affection, and was about to enter into marriage. On the other hand, freedom of religion in Indonesia is guaranteed in the Constitution and protected in points on human rights. In Islamic law known several methods in the determination of a law one of which is Syad Zari’ah, is defined as preventive measures to avoid the ugliness. Imam al-Syatibi, One philosopher of Islamic law has its own ideas about these methods. In Usul al-Fiqh Study, Syad Zari’ah interpreted as closing the road that leads to destruction. Imam al-Syatibi at defining about Syad Zari’ah “do a job which all contain kindness changed to an ugliness”. someone doing a job that basically allowed because it contains a kindness, but the objectives to be achieved end on an ugliness. haram law in this case not because of his own actions, but the law forbidden here because the objectives to be achieved from such actions. this is called the practice of Syad Zari’ah. This method is deemed the application form from the rules of fiqh “dar’u al-mafasid muqaddamun ‘ala jalbi al-masalih”. From the other side, haram law here is also based of maqasid syari’ah in keeping religion in order to avoid switching to another religion


2019 ◽  
Vol 4 (57) ◽  
pp. 191
Author(s):  
Marco Antônio VILATORRE ◽  
Miriam Olivia Knopic FERRAZ ◽  
Lincoln Zub DUTRA

RESUMEN Objetivo:El estudio pretende una reflexión acerca de los avances y retrocesos en la protección del derecho fundamental al trabajo; una demostración de la interacción entre teoría y práctica para atender a la necesidad de transformación social; y una implantación y protección de los derechos fundamentales en las relaciones sociales, del trabajo y de las empresas. Metodología: A través del método hipotético deductivo de la revisión bibliográfica, con utilización del derecho comparado y del análisis económico constitucional del derecho del trabajo se buscará reflexionar acerca de los avances y retrocesos en la protección del derecho fundamental al trabajo. Resultados: El hallazgo obtenido de la investigación permite concluir que, aunque treinta años después de la Constitución brasileña de 1988, su efectividad aún encuentra varias barreras, lo que la convierte en una carta de intensiones. Como resultado, también es posible ver una frustración latente frente a varias regulaciones infra-constitucionales que corrompen, deconstruyen la predicción constitucional, distorsionan el ideal democrático y forman una sociedad justa e igualitaria. Sin embargo, como resultado, la investigación es esperanzadora con el texto constitucional, ya que existe un control de constitucionalidad y convencionalidad para garantizar la efectividad del texto de la Carta Magna, en particular la legislación laboral. Contribuciones: La contribución del estudio radica en la lectura constitucional de las relaciones sociales, especialmente en la protección de los derechos sociales, en particular, el derecho laboral. Por lo tanto, incluso si las leyes infra-constitucionales difieren del texto constitucional, existen medidas (control de constitucionalidad y convencionalidad) como mecanismos capaces de resistir a los ataques contra el ideal constitucional de una sociedad igualitaria, justa y solidaria. PALABRAS-CLAVE: Constitución; constitución del trabajo; fuerza normativa; derechos fundamentales sociales; derecho fundamental al trabajo. ABSTRACT Objective: To reflect on the advances and setbacks in the protection of the fundamental right to labor; demonstrate the interaction between theory and practice to meet the need for social transformation; and implementation and protection of fundamental rights in social, labor and business relations. Methodology: By way of the hypothetical deductive method of bibliographic review, with the use of comparative law and constitutional economic analysis of labor law, it will seek to reflect on the advances and setbacks in the protection of the fundamental right to labor. Results:The finding obtained from the investigation allows to conclude that, although thirty years after the Brazilian Constitution of 1988, its effectiveness still meets several barriers, which turns it into a letter of intentions. As a result, it is also possible to see a latent frustration in view of various infra-constitutional regulations that corrupt, deconstruct constitutional prediction, distort the democratic ideal and form a just and egalitarian society. However, as a result, the investigation is hopeful with the constitutional text, since there is a constitutionality and conventionality control to guarantee the effectiveness of the Magna Carta text, in particular labor legislation. Contributions: The contribution of the study lies in the constitutional reading of social relations, especially in the protection of social rights, in particular, labor law. Therefore, even if the infra-constitutional laws differ from the constitutional text, there are measures (control of constitutionality and conventionality) as mechanisms capable of resisting attacks against the constitutional ideal of an egalitarian, just and supportive society. KEYWORDS: Constitution; labor constitution; normative force; fundamental social rights; fundamental right to labor. RESUMO Objetivo: O estudo visa uma reflexão sobre os avanços e retrocessos na proteção do direito fundamental ao trabalho; uma demonstração da interação entre teoria e prática para atender à necessidade de transformação social; e uma implementação e proteção dos direitos fundamentais nas relações sociais, trabalhistas e comerciais. Metodologia: Por intermédio do método hipotético dedutivo de revisão bibliográfica, com o uso do direito comparado e da análise econômica constitucional do direito do trabalho, busca-se refletir sobre os avanços e retrocessos na proteção do direito fundamental ao trabalho. Resultados: O resultado obtido com a investigação permite concluir que, apesar de trinta anos após a promulgação da Constituição Brasileira de 1988, sua eficácia ainda encontra várias barreiras, o que a torna uma carta de intenções. Como resultado, também é possível ver uma frustração latente diante de vários regulamentos infraconstitucionais que corrompem, desconstroem a previsão constitucional, distorcem o ideal democrático e formam uma sociedade justa e igualitária. No entanto, como resultado, a investigação é esperançosa com o texto constitucional, uma vez que existe um controle de constitucionalidade e convencionalidade para garantir a efetividade do texto da Magna Carta, em particular a legislação trabalhista. Contribuições:A contribuição do estudo está na leitura constitucional das relações sociais, especialmente na proteção dos direitos sociais, em particular o direito do trabalho. Portanto, mesmo que as leis infraconstitucionais diferenciem-se do texto constitucional, existem medidas (controle da constitucionalidade e da convencionalidade) como mecanismos capazes de resistir a ataques contra o ideal constitucional de uma sociedade igualitária, justa e solidária. PALAVRAS-CHAVE: Constituição; lei trabalhista; força normativa; direitos sociais fundamentais; direito fundamental ao trabalho.


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