Sisi Lain dari Putusan Mahkamah Agung RI Nomor 16/K/Ag/2010 Tentang Implementasi Wasiat Wajibah Terhadap Kewarisan Beda Agama; Kajian Dari Aspek Status Perkawinan Dan Wasiat Wajibah

2020 ◽  
Vol 5 (2) ◽  
pp. 212-226
Author(s):  
Ahmatnijar Ahmatnijar
Keyword(s):  
Human Life ◽  
District Court ◽  
Marriage Law ◽  
Conflicting Interests ◽  
The Absolute ◽  
Religious Courts

The judiciary is the most important element in human life because it is a place that demands those who lose their rights and can neutralize conflicting interests. The Religious Courts (PA) are part of this institution. The absolute competence of PA institutions includes handling inheritance matters. In Indonesia, there was an option for those who were Muslims to seek justice in the settlement of inheritance between the PA and the District Court (PN). The issuance of Marriage Law (UUP) number 1 of 1974 with the principle of Islamic personality is the answer to this option. However, the settlement of the case of inheritance of different religions has not been explicitly regulated in this regulation, so it still leaves new issues such as the case of the inheritance of the late Muhammad Armaya bin Renreng alias Armaya Renreng, Islam, with his wife Evie Lany Mosinta, Christian.

scholarly journals THE IMPLICATION OF SPECIAL PROVISIONS FOR DISPUTES OVER OWNERSHIP RIGHTS AND OTHER CIVIL DISPUTES TOWARDS RELIGIOUS COURT JURISDICTION

2015 ◽  
Vol 27 (2) ◽  
pp. 339
Author(s):  
Mrs. Hartini
Keyword(s):  
Property Rights ◽  
District Court ◽  
Primary Data ◽  
Legal Regulations ◽  
The Absolute ◽  
The Law ◽  
Islamic Economic ◽  
Article 50 ◽  
Ownership Rights ◽  
Religious Courts

This study analyzes the meaning and scope in terms of property rights disputes or other disputes on specialis rule of clause (2) Article 50 paragraph (2) of the Law on Religious Courts and its implications to the boundary of the absolute competence between religious court and district court. This research also viewed the practice of disputes settlements deal with the property rights or other disputes on Islamic economics cases. The study was conducted by analyzing the legal regulations and court rulings related to islamic economic cases lodged property rights disputes or other disputes. Research was equipped with primary data and analyzed qualitatively. Penelitian ini mengkaji dan menganalisis makna dan cakupan dalam istilah sengketa hak milik atau sengketa lain pada aturan spesialis, Pasal 50 ayat (2) UU Peradilan Agama beserta implikasinya terkait batas kewenangan absolut antara pengadilan agama dengan pengadilan negeri serta praktik penyelesaian sengketa hak milik atau sengketa lain yang selama ini diputus terkait perkara ekonomi syariah. Penelitian dilakukan dengan menganalisis peraturan hukum dan putusan pengadilan terkait perkara ekonomi syariah yang tersangkut sengketa hak milik atau sengketa lain. Penelitian dilengkapi dengan data primer yang selanjutnya dilakukan analisis secara deskriptif kualitatif.

Prinsip-Prinsip Kepemilikan Harta Dalam Islam

2018 ◽  
Vol 1 (1) ◽  
pp. 117-131
Author(s):  
Lukman Hamdani
Keyword(s):  
Human Life ◽  
The Real ◽  
The World ◽  
Rich People ◽  
The Absolute

Property is one of the most important instruments in this life, because wealth is as a support  for the continuity  of human life, in Islam it is always emphasized the importance of independence in owning property  through  work or business, because Allah really loves his servant who is always giving  alms with  his own property.  Allah Almighty really likes hard workers or people who are persistent in seeking treasure for the sake of the afterlife, even Allah SWT  emphasizes in  Surah at-taubah  father 10. And Say: "Work  for you, Then Allah and His Messenger and the believers  will see your work, and you will be returned to (Allah) who knows the unseen and the real, then He tells you what you have done. Even the  Companions of the Messenger  of  Allāh  adalah were rich people  who possessed  wealth  for  the progress and development of Islam  at the time, a  very real example was the Friends of Abu Bakr, Abdurrah bin ʻAuf, Uthman ibn Affan and the Wife of the Messenger of Allāh adalah was a great entrepreneur, Siti Khadijah. They are friends looking  for wealth and have it as much as possible then after that they distribute their wealth through ZISWAF, it is obligatory and must for Muslims  to seek / have property  for the benefit of the world and the hereafter and the interests of Muslims and provision  in  the hereafter Can be concluded that ownership of property in Islam  it is very important because it is a means of sustaining life and as a place to find savings  for ukhrawi life  later,  because indeed ownership of property in Islam  is  not only focused  on worldly matters, but there are  two elements  that are always included,  namely for  worldly  and spiritual interests. It  should be underlined in the ownership of the property  that the principle  must be instilled that this property has the absolute God Almighty, we are only temporarily entrusted, therefore it is not beautiful to not distribute the assets we have to people in need through ZISWAF instruments.  

scholarly journals ARBITRASE SEBAGAI ALTERNATIF PENYELESAIAN SENGKETA EKONOMI SYARIAH MENURUT UNDANG-UNDANG NOMOR 30 TAHUN 1999

Asy-Syari ah ◽  
2014 ◽  
Vol 16 (2) ◽  
Author(s):  
Muhibuthabary Muhibuthabary
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Civil Religion ◽  
Arbitration Process ◽  
Islamic Jurisprudence ◽  
New Knowledge ◽  
The Absolute ◽  
The Law ◽  
Islamic Economic ◽  
Religious Courts

This paper describes the arbitration as an alternative dispute resolution in Shariah economy. Dispute resolution in general civil religion has resolved through litigation in the religious courts that refer to Article 49 of Law Number 7 of 1989 Jo. Law Number 3 of 2006 Jo. Law Number 50 of 2009 on the Religious Courts. However, there are some interesting cases, one of which is the Islamic economic disputes could be resolved through non-litigation or arbitration process, which refers to the Law No. 30 Year 1999. Now, the Shari'ah economic dispute resolution becomes the object of this study which interesting to study both theoretically and practically, not only because the case is to be part of the absolute authority of religious courts, but also becomes a new knowledge in the field of Islamic Jurisprudence

Concepts of Time in Late Modernity

2020 ◽  
pp. 148-174
Author(s):  
Aleida Assmann
Keyword(s):  
Human Life ◽  
Modern Time ◽  
Late Modernity ◽  
Philosophical Reflection ◽  
Temporal Ontology ◽  
Dead End ◽  
Time Regime ◽  
The Subject ◽  
The Absolute ◽  
Inner Contradictions

This chapter demonstrates how the problems of “polar inertia” and its implications have been the subject of intensified philosophical reflection and debate since the 1980s. Polar inertia is the condition in which we have arrived at a temporal limit. However, we have also arrived at the absolute dead end of the modern time regime, in terms of both its compatibility with the rhythms of human life and the logic internal to the dynamics it has unleashed. The positions taken all grapple with the aporias, or inner contradictions, of the modern temporal regime and its possible alternatives or compensations. However, they do not lose sight of the epistemic presuppositions of this temporal ontology in the process.

Prinsip-Prinsip Kepemilikan Harta Dalam Islam

2020 ◽  
Vol 1 (2) ◽  
pp. 115-129
Author(s):  
Lukman Hamdani
Keyword(s):  
Human Life ◽  
The Real ◽  
The World ◽  
Rich People ◽  
The Absolute

Property is one of the most important instruments in this life, because wealth is as a support for the continuity of human life, in Islam it is always emphasized the importance of independence in owning property through work or business, because Allah really loves his servant who is always giving alms with his own property. Allah Almighty really likes hard workers or people who are persistent in seeking treasure for the sake of the afterlife, even Allah SWT emphasizes in Surah at-taubah father 10. And Say: "Work for you, Then Allah and His Messenger and the believers will see your work, and you will be returned to (Allah) who knows the unseen and the real, then He tells you what you have done.Even the Companions of the Messenger of All āh adalah were rich people who possessed wealth for the progress and development of Islam at the time, a very real example was the Friends of Abu Bakr, Abdurrah bin ʻAuf, Uthman ibn Affan and the Wife of the Messenger of All āh adalah was a great entrepreneur, Siti Khadijah. They are friends looking for wealth and have it as much as possible then after that they distribute their wealth through ZISWAF, it is obligatory and must for Muslims to seek have property for the benefit of the world and the hereafter and the interests of Muslims and provision in the hereafter Can be concluded that ownership of property in Islam it is very important because it is a means of sustaining life and as a place to find savings for ukhrawi life later, because indeed ownership of property in Islam is not only focused on worldly matters, but there are two elements that are always included, namely for worldly and spiritual interests It should be underlined in the ownership of the property that the principle must be instilled that this property has the absolute God Almighty, we are only temporarily entrusted, therefore it is not beautiful to not distribute the assets we have to people in need through ZISWAF instruments.

Beauty, Aesthetic Experience and Immanent Critique

2009 ◽  
Vol 30 (1-2) ◽  
pp. 67-81
Author(s):  
Julia Peters
Keyword(s):  
Aesthetic Experience ◽  
Human Life ◽  
Human Beings ◽  
Romantic Period ◽  
Absolute Value ◽  
Artistic Activity ◽  
Primary Element ◽  
Immanent Critique ◽  
The Absolute ◽  
Hegelian Philosophy

In his essay What is living and what is dead of the philosophy of Hegel?, Benedetto Croce praises Hegel for bestowing the highest value on beauty, in particular artistic beauty. He emphasises Hegel's ‘tendency to make art a primary element in human life, a mode of knowledge and of spiritual elevation’, and the ‘constant contact of Hegelian speculation with taste and with works of art, and the dignity which it assigned to the artistic activity’ (Croce 1985: 121). This tendency, Croce writes, is what makes Hegelian speculation congenial to the great aesthetic theories of the Romantic period. In this paper, I shall put forward some considerations which render support to Croce's observation that there is a strand of unreserved and absolute appreciation of beauty, in particular artistic beauty, in Hegelian philosophy. My focus will be in particular on the question of why Hegel thinks that the experience of beauty — which I will be referring to, in short, as aesthetic experience — is of special, even absolute value for human beings. This will involve, in the first part of the paper, an analysis of what Hegel takes to be the content of such experience; hence an analysis of Hegel's notion of beauty.Such emphasis on the absolute value of beauty invites of course the question of how beauty relates, in Hegel's system, to what Hegel regards as the highest value of all: reconciliation. Hegel believes that both philosophical speculation — which culminates in knowledge of the absolute truth — and the achievement of the highest practical good, the participation in civic life, are ways of reconciling the human individual with the world they live in. Does the same apply to beauty, or aesthetic experience? I will briefly touch on the relation between aesthetic experience and reconciliation in the second part of the paper. In this context, we will also consider an objection to the view that Hegel's appreciation of aesthetic experience is unrestricted or absolute, which arises from consideration of Hegel's famous claim that philosophy is higher than art.

scholarly journals Problems of Islamic Law Compilation In Indonesia

2018 ◽  
Vol 5 (2) ◽  
pp. 91-98
Author(s):  
Arip Purkon
Keyword(s):  
Islamic Law ◽  
Legal Certainty ◽  
Marriage Law ◽  
Inheritance Law ◽  
Religious Courts

Abstract.Islamic Law Compilation is one of the efforts to implement Islamic law in Indonesia constitutionally. Islamic Law Compilation covers three legal fields, namely marriage, inheritance and benefiction. The Islamic Law Compilation contributes positively in providing legal certainty, especially for judges in religious courts. In addition, there are still a number of problems related to the Islamic Law Compilation, namely the issue of socialization, equality of perception and the fear of reducing Islamic law.Keywords: Islamic Law Compilation, Marriage Law, Inheritance Law, Benefaction   Abstrak.Kompilasi Hukum Islam merupakan salah satu upaya untuk mengimplementasikan hukum Islam di Indonesia secara konstitusional. Kompilasi Hukum Islam mencakup tiga bidang hukum, yaitu perkawinan, waris dan wakaf. Kompilasi Hukum Islam memberikan kontribusi yang positif dalam memberikan kepastian hukum, khususnya untuk para hakim di pengadilan agama. Selain itu, masih ada beberapa masalah terkait Kompilasi Hukum Islam, yaitu masalah sosialisasi, persamaan persepsi dan adanya kekhawatiran tereduksinya hukum Islam.Kata Kunci: Kompilasi Hukum Islam, Hukum Perkawinan, Hukum Waris, Wakaf

scholarly journals L.N. Tolstoy's Principle of “Non-Resistance to Evil by Violence” in the Context of Russian Religious Philosophy of the Late XIX - Early XX Century

2020 ◽  
Vol 24 (2) ◽  
pp. 165-180
Author(s):  
I. I. Evlampiev ◽  
I. Yu. Matveeva
Keyword(s):  
Human Life ◽  
Moral Sense ◽  
Religious Philosophy ◽  
Divine Life ◽  
The Absolute ◽  
The Law ◽  
Religious Meaning ◽  
Moral Meaning ◽  
Mystical Transformation ◽  
Good Deeds

The article discusses how the meaning of the principle of “non-resistance to evil by violence” was changing in L.N. Tolstoy's religious and philosophical teachings and how this principle was evaluated in Russian religious philosophy of the late XIX - early XX century. In the first version of Tolstoy’s teachings, set forth in the book “What is my faith?”, the principle of non-resistance was understood in a moral sense, as the norm for all people; its execution should lead to the perfection of earthly life. This idea of L. Tolstoy was sharply criticised by his contemporaries, who noted that there was no truly religious content in Tolstoy’s teachings, it was turning into a utilitarian doctrine of the earthly progress of mankind. Given this criticism, Tolstoy in his later works changed his understanding of the principle of non-resistance. Drawing a distinction between two levels of human life - “animal” and divine, Tolstoy recognised the principle of non-resistance to the law as the divine life of a man. As a result, the principle of non-resistance has acquired a religious rather than moral meaning, since the transition of a man to a divine life means a mystical transformation of his being. He is aware of his super-spatial and super-temporary unity with all people and with all being, and therefore can evaluate the consequences of his actions not only in the limited sphere of his life, but also in all infinite being. In this regard, a person realizes the absolute superiority of good deeds over evil, even if the latter are committed to confront evil. It is shown that some critics of Tolstoy came to a similar understanding of the religious meaning of the principle of non-resistance at the end of their lives (N.A. Berdyaev, L.P. Karsavin).

scholarly journals The Joy of Being as Anthropological Practice

2021 ◽  
Vol 16 (2) ◽  
pp. 66-73
Author(s):  
Agapov Oleg D. ◽  
Keyword(s):  
Human Life ◽  
Human Condition ◽  
The Other ◽  
Human Being ◽  
Human Beings ◽  
Human Subjectivity ◽  
The World ◽  
The Subject ◽  
The Absolute ◽  
The Human Condition

The joy of being is connected with one’s activities aimed at responding to the challenges of the elemental forces and the boundlessness of being, which are independent of human subjectivity. In the context of rising to the challenges of being, one settles to acquire a certain power of being in themselves and in the world. Thus, the joy of being is tied to achieving the level of the “miraculous fecundity” (E. Levinas), “an internal necessity of one’s life” (F. Vasilyuk), magnanimity (M. Mamardashvili). The ontological duty of any human being is to succeed at being human. The joy of being is closely connected to experiencing one’s involvement in the endless/eternity and realizing one’s subjective temporality/finitude, which attunes him to the absolute seriousness in relation to one’s complete realization in life. Joy is a foundational anthropological phenomenon in the structure of ways of experiencing the human condition. The joy of being as an anthropological practice can appear as a constantly expanding sphere of human subjectivity where the transfiguration of the powers of being occurs under the sign of the Height (Levinas) / the Good. Without the possibility of transfiguration human beings get tired of living, immerse themselves in the dejected state of laziness and the hopelessness of vanity. The joy of being is connected to unity, gathering the multiplicity of human life under the aegis of meaning that allows us to see the other and the alien in heteronomous being, and understand the nature of co-participation and responsibility before the forces of being, and also act in synergy with them.The joy of being stands before a human being as the joy of fatherhood/ motherhood, the joy of being a witness to the world in creative acts (the subject as a means to retreat before the world and let the world shine), the joy of every day that was saved from absurdity, darkness and the impersonal existence of the total. Keywords: joy, higher reality, anthropological practices, “the height”, subject, transcendence, practice of coping

scholarly journals Intepreters of Luther

1971 ◽  
Vol 24 (1) ◽  
pp. 117-119
Author(s):  
Viggo Mortensen
Keyword(s):  
Human Life ◽  
Future Research ◽  
Original Research ◽  
General Tendency ◽  
Central Concept ◽  
Precise Formulation ◽  
The Creation ◽  
The Absolute ◽  
The Difference ◽  
The University

Interpreters of Luther. Essays in Honor of Wilhelm PauckReviewed by Viggo MortensenThe reason why this book is mentioned here is that it includes articles on Grundtvig’s and Kierkegaard’s views on Luther. A paper on Grundtvig and Luther is written by Ernest D. Nielsen, President of Grand View College, Iowa, who gives an introduction to Grundtvig’s thoughts on human life and Christianity by comparing them with Luther’s relatively well known opinions. The account is based on Den christelige Børnelærdom and Den danske Statskirke upartisk betragtet ( 1834), an^ inspiration from Kaj Thaning’s interpretation of Grundtvig is obvious, but the article does not claim to be more than an introduction to Grundtvig. A deeper analysis of the difference between Grundtvig’s and Luther’s views on man would be extremely important, however. The fact that there is a difference has been shown by Thaning (Menneske først, p. 661 ff.), and through genetico-historical investigations Michelsen has shown what this difference consists in as far as the conception of history is concerned (Tilblivelsen af Grundtvigs historiesyn, p. 127 ff.).In Denmark there is an increasing dislike against mentioning both Kierkegaard and Luther as one’s spiritual ancestors; K. E. Løgstrup is more inclined to mention Grundtvig and Luther because of the importance both of them attach to the Creation.—But are Kierkegaard’s and Luther’s views on Christianity compatible? This has never been documented in detail. Up till now scholars have contended themselves with elucidating what Kierkegaard thought about Luther, and it has been demonstrated that, gradually, Kierkegaard became more and more critical against Luther. The exception to this general tendency is Johs. Sløk’s article in Kierkegaardiana II, 1957. Only rarely has the question been analysed in a systematic way. Ernest B. Koenker’s article in the volume under review is no exception. The author is a professor of history at the University of South California. He demonstrates that the decisive points of controversy are their opinion about the Passion and the paradox of faith. According to Kierkegaard the Passion originates in the clash between the temporal and the eternal, i. e. the absolute that is the central concept in Kierkegaard’s conception of Christianity. Koenker’s essay does not claim to be a work of original research, but is does give a precise formulation of the questions to be dealt with in future research.

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