scholarly journals Islamic Law in the Legal Political System

Al-Mizan ◽  
2017 ◽  
Vol 13 (2) ◽  
pp. 156-184
Author(s):  
Indah Abbas

This article discusses the history of the development of Islamic law in the legal political system in Indonesia. The problem discussed in this article is how the history of the phases of Islamic law in Indonesia and how the formation of Islamic law in the development of the political system in Indonesia. The results showed that: First, the history of the development of Islamic law in Indonesia, namely from the pre-colonial period of the Netherlands, the Dutch colonial period, the period of Japanese occupation, the period of parliamentary democracy, the old and new order periods, and the reform period; Second, the position of Islamic law in the development of national law in Indonesia plays an important role in the orderliness of the Indonesian people, especially Muslims and is used as material in the preparation of national law

2018 ◽  
Vol 3 (2) ◽  
pp. 163
Author(s):  
Achmad Fawaid

In the history of Indonesia’s struggle to reach its independence, soldiers, scholars, and students had played great roles. Islamic figures such as Ulama’ and santri were among those heroes with notable contributions. Although many are not recognized regarding its huge numbers, some has nailed their names nationally for their influential political and religious thoughts. This article tries to explore the political and religious thoughts’ of Abdul Wahid Hasyim’s contribution to the establishment of Islam in Indonesia and the establishment of the Republic of Indonesia. His involvement since the Dutch colonial period, the Japanese occupation, until the independence, shows a santri’s struggle for national independence. The result shows that in the context of religion and politics, there are some interesting thoughts delivered by Abdul Wachid Hasyim. His writings on both aspects, religion and politics, predominantly reflect efforts to democratizing different mazhab which led to the modernization of Mazhabiyyah. Wahid Hasyim tried to democratize mazhabiyah differences which previously often cause conflicts and disintegration among Muslims. Wahid Hasyim believes that mazhabiyah differences cannot be obstacles for the unity of the Muslims. On the contrary, these differences can be reformulated to be transformed into a greater concept for the future of Islam. Moreover, he brought about the importance of reconciling political thoughts which can spread unity to the Muslims and Indonesia as a nation. Indonesian Muslims were no longer disintegrated simply due to political issues. He also struggled to reconcile political conflicts involving Muslims and non-Muslims in Indonesia. KeywordsDemocratization, Mazhabiyyah, Reconciliation of politics


2020 ◽  
Vol 2020 (6/2020(775)) ◽  
pp. 34-48
Author(s):  
Ewa Malinowska

The object of this sketch is the legal and administrative Polish language of the interwar period, that is the time of the Second Polish Republic. Regaining the statehood after one and a half century of the Partitions marked signifi cant transformations in the history of the nation and the society, the return of the Polish language to offi ces, the gradual standardisation of the language of administration, unifi cation and codifi cation of law. The political system of the Second Polish Republic evolved. The system of parliamentary democracy, adopted in 1919 and established in the March Constitution, transformed gradually, in particular after the May Coup in 1926, into the authoritarian system. The principal value in the March Constitution is the nation, which was bestowed with power. In the April Constitution, the principal value is the state as the common good of all citizens. There were not enough Poles with a good background among administrative offi cers. A major role in preparing templates of documents was played by lawyers, who gave consideration also to language aspects.


2018 ◽  
Vol 41 (1) ◽  
pp. 69-106
Author(s):  
Kamaruzzaman Bustamam-Ahmad

This article discusses the political attitude of some Indonesian Muslims to the reformation era of Indonesia. Euphorically, they responded the reformation in the same way as in the early history of Indonesian politics, i.e., they are interested much in struggling their political interest in the formalistic ways. This study has found that the Islamic figures who struggling political Islam in the substantive ways are entrapped in formalistic struggle. Compared to the era of Old and New Order political system, some politician Muslims hardly offer new political strategies. Their political attitudes have been promoted so far are merely on the following three points. First is an interest to raise their political parties to the power. Second is to pose their groups without any good quality agenda. Third, inconsistency of some figure in struggling for Muslim society, they struggling for their own group. Instead, It seem that the attitude of some elite politician Muslims is influenced by political changes and their religious understandings. It is clear that if political Islam is struggled without any good and distinct concept or agenda, the politician Muslims would face some obstacles which are difficult to be solved. Therefore, basic wide-ranging understanding is necessary for politician Muslims in comprehending some political affairs in Indonesia.


Author(s):  
Brian Klaas

The political history of Africa is a history defined by political exclusion. Groups of people and politicians have been excluded from political participation on the basis of religion, ethnicity, gender, sexuality, class, and disability throughout the continent. Sometimes political exclusion is a result of a bigoted ideology of a group being inferior—as was the case during the colonial period. Other times, leaders use exclusion in order to maintain power, attempting to neutralize their rivals by removing them from the political system. That exclusion often creates destabiliziation, and sometimes violence. In some cases, notably in Côte d’Ivoire, for example, the debate over who is “legitimate” to include in politics and who is “illegitimate” has sparked civil wars and coups d’état. However, there is a strategic logic to political exclusion: it often tempts autocratic leaders as seemingly the “easiest” way of staying in power in the short term, even if it creates a higher risk of political violence in the long run. Nonetheless, political exclusion remains a widespread feature of most African states well into the 21st century. Until African politics become more inclusive, it is likely that the volatility associated with exclusionary politics will persist even if democratic institutions become stronger over time.


1977 ◽  
Vol 9 (3) ◽  
pp. 242-272 ◽  
Author(s):  
Jeremy C. Mitchell ◽  
James Cornford

This paper is the first fruit of a study of electoral politics in the Borough of Cambridge between the first and second Reform Bills, in which we are attempting to explore in detail some of the most important general questions about the political history of mid-Victorian Britain.The critical importance of the period between 1832 and 1868 to the transition from aristocratic rule to parliamentary democracy in Britain is not in doubt. In the terms of the most useful comparative study (Lipset and Rokkan 1967) 1832 represented an early, genuine but limited concession by the old elite to bourgeois and working class claims to political influence, a remarkably Whig view. The major works on the politics of the period (esp. Gash 1933 and Hanham 1959) have emphasised the limited nature of the concession while other have thrown doubt on the notion of concession, at all, pointing out the conservative intentions behind the First Reform Bill (Moore 1966, 1976) and the contingent pressures on the actual provisions of the Second (Cowling 1967). Control of Parliament remained largely where it had been before; the decline of aristocratic government was long drawn out; adaptation of the political system followed slowly in the wake of economic and social change. Middle class reform and militant labour were gradually accommodated in the parliamentary system, enlisted in the ranks of the aristocratic parties, which though transformed, even now, moderate, loyal, constitutionalist, bear the marks of their origin. Part of the explanation for the success of gradualism must be sought in the weakness of the labor movement and its failure at the revolutionary moment, which has been illuminated in detail by Foster's studies of industrial towns (1967, 1968, 1974).


1992 ◽  
Vol 31 (3) ◽  
pp. 325-328
Author(s):  
Ziaul Haque

Modem economic factors and forces are rapidly transforming the world into a single society and economy in which the migration of people at the national and international levels plays an important role. Pakistan, as a modem nation, has characteristically been deeply influenced by such migrations, both national and international. The first great exodus occurred in 1947 when over eight million Indian Muslims migrated from different parts of India to Pakistan. Thus, from the very beginning mass population movements and migrations have been woven into Pakistan's social fabric through its history, culture and religion. These migrations have greatly influenced the form and substance of the national economy, the contours of the political system, patterns of urbanisation and the physiognomy of the overall culture and history of the country. The recent political divide of Sindh on rural/Sindhi, and urban/non-Sindhi, ethnic and linguistic lines is the direct result of these earlier settlements of these migrants in the urban areas of Sindh.


1968 ◽  
Vol 1 (3) ◽  
pp. 261-269
Author(s):  
André Vachet

Division of power and social integrationExplanation of some of the recent challenges to western democracy may be found in a re-examination of Montesquieu's thought. Here we find the theory of the separation of power to be far more complex than is implied in the simple divisions of legislature, executive, and judiciary. For Montesquieu, the separation of power is more a social division than a political or juridical one. He contemplated returning the organs of political power to various social forces, e.g. monarchy, aristocracy, and bourgeoisie, and that then the self-assertion of forces would be restrained by the resistance of other social groups. The realization of its goals would require every important social group to integrate itself both to society and to the state and to seek its goals through realization of the general good.Since Montesquieu's time, political structures would seem to have been very little changed even though social structures have been greatly altered by the rise of economic powers. Political institutions have been losing touch with the vital forces of society and these have had to find other channels of expression. The personalization of power, the rise of the executive, violence, and increasing paternalism may be viewed as phenomena of compensation by which attempts are being made to bridge the gap between the structures of political power and those of a society which has been restructured.Revigoration of parliamentary democracy would seem to require that all vital social forces be reintegrated into the political system and be given meaningful channels of political expression. Failure to make such changes opens the way to identification of the political powers with technocracy and the increasing general use of violence in the resolution of social problems.


1982 ◽  
Vol 9 (1) ◽  
pp. 347-377 ◽  
Author(s):  
Vladimir Brovkin

AbstractContemporary scholarship on the development of the Soviet political system in the 1920s has largely bypassed the history of the Menshevik opposition. Those historians who regard NEP as a mere transition to Stalinism have dismissed the Menshevik experience as irrelevant,1 and those who see a democratic potential in the NEP system have focused on the free debates in the Communist party (CP), the free peasantry, the market economy, and the free arts.2 This article aims to revise some aspects of both interpretations. The story of the Mensheviks was not over by 1921. On the contrary, NEP opened a new period in the struggles over independent trade unions and elections to the Soviets; over the plight of workers and the whims of the Red Directors; over the Cheka terror and the Menshevik strategies of coping with Bolshevism. The Menshevik experience sheds new light on the transformation of the political process and the institutional changes in the Soviet regime in the course of NEP. In considering the major facets of the Menshevik opposition under NEP, I shall focus on the election campaign to the Soviets during the transition to NEP, subsequent Bolshevik-Menshevik relations, and the writings in the Menshevik underground samizdat press.


2020 ◽  
Vol 15 (1) ◽  
pp. 6-11
Author(s):  
Rully Aprilia Zandra ◽  
Rustopo Rustopo

Keroncong merupakan musik, instrumen musik, dan genre yang diklaim sebagai warisan budaya indonesia. Keroncong sebagai warisan budaya tentunya memiliki sejarah yang panjang.sejarah yang panjang juga tidak akan luput dari pasang surut dan perkembangan. Pasang surut dan perkembangan umumnya dipengaruhi politik dan situasi sosial. Untuk memetakan sejarah keroncong di Indonesia yang diwarnai politik dan situasi sosial, data dikumpulkan melalui dokumentasi, telaah pustaka, dan wawancara. Data valid dikonfirmasi dan dipaparkan secara kronologis berdasar periodesasinya. Hasil penelitian ini menunjukkan bahwa keroncong bermula dari diseminasi instrumen musik bangsa Portugis yang menjalin hubungan dengan Majapahit. Diseminasi instrumen fado di nusantara mengalami perubahan morfologi dan teknik perlakuan alatnya. Perubahan morfologi dan perlakuan alat ini melahirkan instrumen keroncong atau cukulele. Gaya lirik dibangun oleh kearifan lokal nusantara sesuai demografi dan situasi sosial di masing-masing lokasi penciptaannya. Gaya lirik dan pasang surut popularitas keroncong sebagai kelompok musik didorong dan dihentikan oleh naik turunnya kekuatan politik Portugis, Majapahit, Belanda, Jepang, dan Orde Lama dan Orde Baru. Political and Social Situations in the History of Keroncong in IndonesiaAbstract:Keroncong is music, musical instrument, and the genre that is claimed to be Indonesia's cultural heritage. Keroncong, as a cultural heritage, certainly has a long history. A long history will not escape its ups and downs and developments. Political and social situations generally influence the ups and downs and developments. In order to map the history of keroncong in Indonesia, which is colored by politics and social situations, data is collected through documentation, literature review, and interviews. Valid data are confirmed and presented chronologically based on the periodization. The results of this study indicate that keroncong originated from the dissemination of Portuguese musical instruments, which had a relationship with Majapahit. The dissemination of fado instruments in the archipelago has changed the morphology and treatment techniques of the tools. Changes in the morphology and treatment of this tool gave birth to the keroncong or Cukulele instrument. The local wisdom of the archipelago builds the lyric style according to the demographics and social situations in each location of its creation. The lyric style and the ebb and flow of keroncong's popularity as a musical group was driven and stopped by the ups and downs of the political power of the Portuguese, Majapahit, Dutch, Japanese, and the Old and New Order.


2019 ◽  
Vol 11 (1) ◽  
pp. 49
Author(s):  
Irvan Setiawan

Tradisi lisan Maca Syekh di Kabupaten Pandeglang Provinsi Banten merupakan salah satu bentuk pengajaran yang memiliki tujuan untuk mendengar dan memahami riwayat hidup sosok Syekh Abdul Qadir Jaelani sebagai salah satu tokoh penyebar agama Islam. Hal menarik untuk diteliti dari tradisi lisan Maca Syekh adalah adanya sebuah proses akulturasi dengan melibatkan unsur budaya, agama, dan unsur politik untuk kemudian menghasilkan sebuah produk akulturasi yang dapat bertahan hingga kini. Penelitian deskriptif dengan mengacu pada data kualitatif merupakan pilihan tepat mengingat sumber data yang dicari adalah informasi essay yang banyak membutuhkan analisa kualitatif. Dari hasil analisa diketahui bahwa akulturasi dari tradisi lisan Maca Syekh di Kabupaten Pandeglang Provinsi Banten terbagi menjadi dua yaitu akulturasi tradisi dan akulturasi kebahasaan. Unsur politik dideskripsikan secara singkat karena hanya melibatkan penggunaan huruf Arab dalam penulisan Maca Syekh yang pada masa Penjajahan menjadi sebuah hal yang dianggap mewakili kalangan modernis. Maca Syekh oral tradition in Pandeglang Regency, Banten Province, is one form of teaching that aims to hear and understand the life history of Sheikh Abdul Qadir Jaelani. An interesting thing to examine from Maca Shaykh's oral tradition is the existence of an acculturation process involving elements of culture, religion, and political elements to then produce an acculturation product that can survive until now. Descriptive research with reference to qualitative data is the right choice considering the source of the data sought is essay information which requires a lot of qualitative analysis. From the results of the analysis, it is known that the acculturation of the Maca Shaykh oral tradition in Pandeglang Regency, Banten Province, is divided into two: traditional acculturation and linguistic acculturation. The political element is described briefly because it only involves the use of Arabic letters in the Maca Syekh writing which in the colonial period became something considered to represent modernists.


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