scholarly journals POLITIK HUKUM ISLAM DAN MAQASID AL-SYARIAH

2019 ◽  
Vol 4 (1) ◽  
pp. 57
Author(s):  
Miskari Miskari

Abstrack: This study will discuss the Politics of Islamic law and maqashid sharia, where both meet at the same point, namely the benefit of the nation and the state and its people both in the world and in the hereafter. In order to realize the Islamic values of Islamic legal politics into real life, fukaha (Islamic law experts) launched a theory, among others, maqashid syari'ah (the objectives of Islamic law). The Maqashid Shari'ah aspect divides three complementary priority scales. First, dharury, as a necessity or necessity, is something that must exist for the sake of human life. If something doesn't exist, then human life will definitely be destroyed. The goals of the daruri are to save religion, soul, reason, property, descent and self-esteem (hurdles, pride or honor). For example, to save lives, the Qur'an instructs humans to eat, but they cannot overdo it. Second, Hajy, or needs, meaning, something is needed for the survival of human life. If something does not exist, then human life will not experience destruction, but difficulties will confront. Third, tahsiny, or decorative-ornamental processes. That is, the absence of decorative-ornamental matters will not destroy the purpose of dharury.Keyword: Politics; Islamic Law; Maqashid Syariah

2018 ◽  
Author(s):  
Jurnal ARISTO

This is the result of research that aims to explain the legal and political civilization civilized in Isla philosophical perspective. With literature study method and the philosophical approach of the data collected, verified and analyzed. The results showed that as the core of the Islamic civilization which can affect all aspects of human life and therefore civilization should become a legal political concept in accordance with Islamic values that have alignments to the virtues of the world of human life and the hereafter. Political law as a legal way to achieve legal establishment have made many disalahgunkan for maneuvering behind the legality of the law. The necessity to fix the legal politics only interest-oriented materialistic secular with Islamic philosophy, as with the values of Islam that comes from God as the highest authority over all can be transformed into a real life human being, so that the safety and happiness of the world and the hereafter can achieved.


Author(s):  
Оlena Fedorіvna Caracasidi

The article deals with the fundamental, inherent in most of the countries of the world transformation of state power, its formation, functioning and division between the main branches as a result of the decentralization of such power, its subsidiarity. Attention is drawn to the specifics of state power, its func- tional features in the conditions of sovereignty of the states, their interconnec- tion. It is emphasized that the nature of the state power is connected with the nature of the political system of the state, with the form of government and many other aspects of a fundamental nature.It is analyzed that in the middle of national states the questions of legitima- cy, sovereignty of transparency of state power, its formation are acutely raised. Concerning the practical functioning of state power, a deeper study now needs a problem of separation of powers and the distribution of power. The use of this principle, which ensures the real subsidiarity of the authorities, the formation of more effective, responsible democratic relations between state power and civil society, is the first priority of the transformation of state power in the conditions of modern transformations of countries and societies. It is substantiated that the research of these problems will open up much wider opportunities for the provi- sion of state power not as a center authority, but also as a leading political structure but as a power of the people and the community. In the context of global democratization processes, such processes are crucial for a more humanistic and civilized arrangement of human life. It is noted that local self-government, as a specific form of public power, is also characterized by an expressive feature of a special subject of power (territorial community) as a set of large numbers of people; joint communal property; tax system, etc.


2017 ◽  
Vol 20 (3) ◽  
pp. 225-256 ◽  
Author(s):  
ENRIQUE LEFF

Abstract The current environmental crisis calls for thinking about the state of the world: the thermodynamic-ecological and symbolic-cultural conditions of organic and human life on the planet. In this regard, it stresses the need to realize the unawareness and life’s unsustainability that humanity has created. In this text I discuss and take a stand about some of the concepts and founding and constitutive research lines of political ecology. In this way I pretend to open dialogue by placing in context some of the principles, ideas, and founding viewpoints of political ecology in Latin America and contrasting them with those from the English-speaking school of thought. I intend not only to establish a political socio-geography, but to question the epistemic core of political ecology, and to stimulate a more cosmopolitan critical thinking in order to be able to face the hegemonic powers that lead the world into social and environmental decay


Al-Duhaa ◽  
2021 ◽  
Vol 1 (02) ◽  
Author(s):  
Ahmed Abdul Rehman ◽  
Ussama Ahmed ◽  
Ahmed Abdullah

ISLAM is the religion that emphases on the overall human life. It covers all aspects of the physical body, the soul or the spirit, the emotion and the intellect. The Almighty Allah has stated that, True believers those who, if we give them power in the land, establish regular prayer and give zakat, enjoin the right and forbid wrong. That So, we can highlight from these directives of the holy Quran that the religious responsibilities of the Muslim rulers are that they protect the Divine bounds; defend the religion and invite the people to Allah by means of argument and good advice. A ruler is a trustee of the people and vicegerent of Allah. The ruler of a Muslim state has, among other things, to enjoin what is right and forbid what is wrong. What could be right and wrong has been clearly identified in the Quran and sunnah. Some of the acts and behaviors identified which can be promoted more appropriately through positive measures like counselling, motivation, preaching, guidance, creation of appropriate environment, and other similar measures. The most effective of these measures could, however, be what is called exemplifying. It would mean that the ruler should do himself what is right and refrain from doing what is wrong and thereby set an example. Leading by exemplifying has deep psychological and substantial effect on others to follow and emulate. Therefore, the Seerah of the prophet PBUH is the best source for us in this regard. However, it encompasses the efforts made to develop human-being or individual who is pure of heart, pure in mind and pure in deeds where he can function as a member of society, who is civilized and has a high self-esteem. An individual’s awareness towards one’s responsibilities and a high self-esteem can bring for a peaceful and harmonious nation. Thus, the establishment of the Islamic society base on the voice of development together with material values and humanity. Because of which, the role of leaders of Islamic society must be proactive in plotting the path of educational system of the nation based on piety and faith. As for the obligations of ruler in the light of Seerah, I shall refer to the principles which Al-Mawridi r.a has discussed: The preservation of the Faith, true to its origin and in keeping with the consensus of those who participated in the founding of the Ummah, Defense of the Realm. He must carry out the Hadd punishments to ensure the limits prescribed by Allah and so that the rights of general public shall be protected. The other responsibilities are implementation of the principles of Islamic Law, governing disputes, The active propagation of the Faith, The collection of various taxes required by the Shariah, The provision of financial assistance and the assessment of claims against the Treasury, To be solicitous of the public confidence, and to consider fully the council of his advisors in their areas of responsibility, To actively oversee all aspects of government, and to keep himself well and widely informed. This paper thus discusses on the responsibilities of a ruler from the Seerah perspective.


1985 ◽  
Vol 3 (1) ◽  
pp. 27-42
Author(s):  
Baruch A. Brody

It seems to me that those who place great value on the right to human freedom can be badly divided on the question of the use of force by states to defend the liberties of those who are not citizens of that particular state. Concerned about the liberties to be defended, they might be enthusiastic supporters of the use of such force by liberty-loving countries throughout the world. Concerned about the liberties that might be violated when the state marshals its forces for use internationally, they might adopt a more isolationist approach to this issue. This paper is an attempt to help clarify this conflict by looking at some of the philosophical issues it raises. Because I wish to avoid factual debates about current conflicts, I will give no real-life examples. However, they are on my mind, and I hope the reader will keep them in mind as well.


2018 ◽  
Vol 14 (2) ◽  
pp. 27-44
Author(s):  
Muhammad Kurniawan Budi Wibowo

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.


2020 ◽  
Vol 68 (1 Zeszyt specjalny) ◽  
pp. 523-538
Author(s):  
Dorota Kulczycka

The subject of this paper are such surrealistic films as Conspirators of Pleasure (Czech: Spiklenci slasti, by Jan Švankmajer, 1996) and Being John Malkovich (by Spike Jonze, 1999), in which John Paul II is featured in the form of a montage, and theatre also plays an important role, as either one of the leading topics or else as an artistic convention. The author questions the sense of these references and what can they possibly communicate. In both of the films analysed, the interpolations of John Paul II usually break out of the normal order of things; they are additions to the represented world, elements of another reality, and thus constitute a perfect component of surrealist art, which aims – among other things – to increase confusion by the intentional incongruity of the elements presented. In these montages, John Paul II becomes an icon of seriousness, gravitas and the most important events in the world, but also a sort of “star,” a celebrity, a media person. The clash between this gravitas and the grotesque world of the movie characters often elicits dissonance and confusion, as both movies are concerned with yielding to various, sometimes completely absurd, passions. In Conspirators of Pleasure this means – above all – erotic and sexual desires; in Being John Malkovich – a desire for success and fame (apart from various configurations of sensual lust). Additionally, there is the clearly emphasised dream of being somebody else, as well as dreams of earthly immortality. John Paul II did not share such dreams, believing that the most important things are conforming to God’s will, one’s self-esteem in the light of the evangelical truth about Transcendence and Christ’s love towards men, and the “return to oneself” – playing one’s own role, not somebody else’s. The Pope exemplified with his own life how to go beyond one’s own habits, how to worship God above everything else, how to respond to other people, defeat egoism and resign from comfort, and how to live a real life in a real space, not an illusory one, unlike the characters in the above-mentioned movies.


2020 ◽  
Vol 1 (1) ◽  
pp. 145-178
Author(s):  
Ahmad Nabil

This article discusses the insight of the khilāfah in the perspective of Ibn Ashur and Taqī al-Dīn al-Nabhānī. This article departs from the problem that the khilāfah discourse continues to be a polemic among interpreters, especially when the khilāfah is associated with the state. From this problem, this article will discuss the concept of khilāfah in the perspective of T}āhir Ibn Ashur and Taqiy al-Dīn al-Nabhāni. Although al-Nabhānī does not have a complete interpretation work like Ibn Ashur, he does interpret the khilāfah verses contained in his works. Both are sunni figures, although in their attitude towards the problems of the state and khilafah they are different. This article questions how Ibn Ashur and al-Nabhāni view the interpretation of the khilāfah verse? And what are the implications of the two interpretations of the Indonesian context? By using a thematic interpretation approach and discourse analysis of the two interpretive works, this study comes to the conclusion that; (1) khilāfah according to Ibn Ashur is the name of leadership that embodies the leadership of the prophet. while Taqiy al-Dīn al-Nabhānī stated that the khilāfah of the leadership system of Muslims throughout the world is to uphold Islamic law and carry Islamic preaching to all corners of the world. The difference between the two figures in understanding the caliphate is, first, the arguments used by Ibn 'Ashūr emphasize more on aspects that are prerequisites for the Caliph in his khilafah, such as those who believe and do good deeds do justice, while Taqiy al-Dīn al-Nabhānī is more leads to the obligation to obey and practice what Allah commands, and the obligation to establish a caliphate. Second, that both of them have differences in the realm of ideology, of course this will have little or much impact on the frame of mind of the two figures, so what the authors find that distinguishes the two figures is that Ibn 'Ashur is more moderate than Taqiyuddin An-Nabahni.


Al-Duhaa ◽  
2021 ◽  
Vol 2 (02) ◽  
pp. 67-80
Author(s):  
Kh. Awais Ahmed Khawaja ◽  
Muhammad Arif Khan ◽  
Dr.Uzma Begum

Accountability has a very significant role in Islamic law. The process of accountability is very important for the amelioration of the state, society, family, and individual in the world. Some orders are issued for rectification and some matters are ordered to be avoided. The execution of these prohibited acts leads to accountability in society. Furthermore, many people are given powers to carry out the affairs of the state, the misuse of which can lead to great catastrophe. Hence, it is very critical to hold accountable those who hold these positions from time to time. One of these influential positions is that of the judiciary to which the Islamic concept of accountability is very substantial. Now the question is, what is the concept of accountability in Islam? And what was the exercise of accountability of the judiciary in the Qur'an and Hadith and Islamic history? This matter will be discussed in this manuscript. This research will refer to the introduction of accountability using authoritative citations to illustrate the Islamic concept of accountability, its sources, and strategies. How did accountability apply to the judiciary in Islamic history? Specimens are also included in this study and will be discussed. The importance of this research and its results will be disclosed in the conclusion. We will know that Islamic law has comprehensive laws of accountability, and how this sector has been kept on the right track by applying the law of accountability to the judiciary in the past.


2020 ◽  
Vol 3 (2) ◽  
pp. 185
Author(s):  
Alfa Syahriar ◽  
Zahrotun Nafisah

Islamic law is established to ensure that human interests related to basic rights inherent in their lives include: the right to life, descent, wealth, thought and respect, can be realized. According to the reality, the problems that arise related to these rights are very complex and sustainable. This consideration necessitates efforts to realize Islamic humanist law in the interests of human life. In Usul Fiqh there is the concept of maslahat, as a standard of how basic human rights can be ensured of their fullness and sustainability. And the theory of Maqashid al-Sharia is seen as quite effective in realizing benefit, which means it is a necessity to study the thoughts of al-Shathibi and Ibn Ashur, because both are seen as very influential figures in the development of Maqashid al-Sharia. Therefore, this study is intended to study in a qualitative-comparative way of thinking of the two figures using the Maqashid al-Sharia framework according to the Ulama of Ushul Fiqh of the Four Mazhab. The results of this study can be stated that the orientation of the theory of Maqashid al-Sharia according to al-Shathibi to realize the benefit of the world and the hereafter, while Ibn Ashur limits only the world. Furthermore, the theory of Maqashid al-Sharia al-Shathibi and Ibn Ashur in the review of Usul Fiqh of Four Mazhab can be stated still in the context permitted by Islamic Sharia.


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