scholarly journals Dialectical relationship between the civil state and the application of Sharia In contemporary Islamic political thought ج

2019 ◽  
pp. 107-129
Author(s):  
أ.م.د.امل هندي كاطع ◽  
م.د.اياد حسين

The political movements of Islam are among the most prominent phenomena of the popular uprisings witnessed by the Arab world. However, this rise and the rise of some movements led to many problems on the political theses of Islam, especially those associated with the ideas of Islamic ideologues and their slogan Legitimacy and the authorities as the origin of the divine, and said the application to achieve the Islamic solution, and then became the state in theses of some Islamists a tool to apply the law and then the preservation of religion.

2020 ◽  
Vol 22 (2) ◽  
pp. 325-349
Author(s):  
M Munawar

This paper is based on a literature study that aims to examine the relevance and implementation of Islamic politics in the political arena of Indonesia, the majority of which are Muslims. The results of the study concluded that in the era of 70s emerged ??Nurcholish Madjid's idea that "Islam YES, Islamic party NO" and it had established a new awareness for Muslims on the desired goal which is not idealism about the establishment of an Islamic State, but a just and prosperous society. Islam is no longer seen as a symbolic structure, but rather the spirit of values ??that are brought and developed in the life of the state. Efforts to articulate Islamic politics in Indonesia are important issues that need to be addressed to provide a possible synthesis between Islam and the State, therefore the study of Islamic political thought that is unique to Indonesia is not only attractive but urgent to do. In line with the conclusions above, it is expected that this paper can trigger students, especially those who choose the Department of Siyasah Jinayah so that Islamic political thought not only be a mere discourse but should be more focused on the aspect of its implementation to move towards a more advanced Indonesia.


2018 ◽  
Vol 8 (1) ◽  
pp. 50-77
Author(s):  
Abu Bakar

Abstract: this article explains the political thought of Kahar Muzakkar. Kahar Muzakkar proclaimed his Islamic state with the name of Republik Persatuan Islam Indonesia (RPII) on 14 of May 1962 which is a realization of his Islamic political thought. Kahar Muzakkar wanted a federal state and positioned sharia as the state foundation. In addition to sharia, Kahar Muzakkar viewed that social justice and democracy were potential concepts that workable for his Islamic federal state. Concerning executive system, he opted for presidential system in which his Islamic federal state was to be led by a president directly elected by people with members of cabinet. Legislative body was also to be formed which would consist of Nation Assembly and the senate. Similar arrangement would be applied for states. Kahar Muzakkar believed that this model would save human civilization. He called this as Demokrasi Sejati in which the ultimate authority is God. God’s law is applicable for all aspects of life as has been revealed in the Quran and Hadith Key words: kahar Muzakkar, Islamic Political Thought, Demokrasi Sejati


2020 ◽  
Vol 70 (2) ◽  
pp. 274-285
Author(s):  
A.Sh. Abhari ◽  

Antagonism with Western civilization in the course of colonial expansion and the subsequent struggle for independence, had a significant impact on the formation of the political elite of the Arab world. At the level of mass public consciousness and perception of historical reality, a transformation of worldview occurs with the active influence of Islam and its spiritual leaders. how the suppression of communist, socialist and other left-wing and reformist political movements in the region after the Second World War influenced and continue to influence the economic and political development of the region.


2018 ◽  
Vol 21 (35) ◽  
pp. 38-51
Author(s):  
Marţian Iovan

Abstract The author analyzes in this paper principles and ides of philosophy of law issued by Mircea Djuvara, which preserve their contemporaneity, being useful for the perfecting of the state institutions and of the democracy not only at national level, but also at European Union one. His ideas and logical demonstration on the rational fundamentals of law, the autonomy of the moral and legal conscience, the specificity of truth and of juridical knowledge, the philosophical substantiation of power and Constitution, the principles of the democracy and the connections between the political power and the law are just few of the original elements due to which Djuvara became an acknowledged and respected personality not only in Romania, but also in the experts clubs of the Europe between the two World Wars.


1970 ◽  
Vol 2 (1) ◽  
pp. 7-13
Author(s):  
Andrzej Zoll

The changes brought about in Poland and elsewhere in Europe by the fall of Communism have given rise to hopes for the establishment of a political system differing from the one which had been the fate of these countries. In place of totalitarianism, a new political system is to be created based on the democratic principles of a state under the rule of law. The transformation from totalitarianism to democracy is a process which has not yet been completed in Poland and still requires many efforts to be made before this goal may be achieved. One may also enumerate various pitfalls jeopardising this process even now. The dangers cannot be avoided if their sources and nature are not identified. Attempts to pervert the law and the political system may only be counteracted by legal means if the system based on the abuse of the law has not yet succeeded in establishing itself. Resistance by means of the law only has any real chance of success provided it is directed against attempts to set up a totalitarian system. Once the powers which are hostile to the state bound by the rule of law take over the institutions of the state, such resistance is doomed to failure.


2020 ◽  
pp. 105-130
Author(s):  
Charlotte Epstein

This chapter studies how liberty in the law evolved from being attached to a collective, metaphorical body—the medieval corporation—to being rooted instead in the individual body across a range of practices in seventeenth century Europe. It analyses the early modern forms of toleration that developed from the ground-up in Protestant Europe (Holland and Germany in particular), including the practices of ‘walking out’ (auslauf) to worship one’s God, and the house church (schuilkerk). These practices were key to delinking liberty from place, and thus to paving the way to attaching it instead to territory and the state. The chapter also considers the first common law of naturalisation, known as Calvin’s Case (1608), which wrote into the law the process of becoming an English subject—of subjection. This law decisively rooted the state-subject relation in the bodies of monarch and subject coextensively. Both of these bodies were deeply implicated in the process of territorialisation that begat the modern state in seventeenth-century England, and in shifting the political bond from local authorities to the sovereign. The chapter then examines the corporeal processes underwriting the centralisation of authority, and shows how the subject’s body also became—via an increasingly important habeas corpus—the centre point of the legal revolution that yielded the natural rights of the modern political subject. Edward Coke plays a central role in the chapter.


Author(s):  
Yosefina Daku

As the law states, Indonesia  provide the protection of the rights for of all people without the discrimination. By the basis of the mandate of the Preamble to the Constitution of 1945 that "a just and civilized humanity," the Indonesian state guarantees of a society that is fair. Political rights granted by the country with regard to discrimination is legal protection by the state against women's political rights. By participating in the convention and recognized in the form of Law Number 7 Year of 1984 on Ratification of the Convention on the Elimination of All Forms of Discrimination Against Women, an attempt by the state to remove the problems in realizing the equality of women and men. Therefore  the  problem  that  can  formulated are: 1) how the legal protection of women's political rights in Indonesia? 2) how the implementation of Law Number 7 Year of 1984 on Ratification of the Convention on the Eliminationof All Forms of Discrimination Against Women Related Political Rights of Women?. The purpose of this study was to examine the legal protection by the state against the ful fillment of women's political rights in Indonesia and the implementation of protection of women's political rights pursuant of Law Number7 Year of 1984. This research is a normative law. The technique used in this research is to use the concept approach and statutory approach to reviewing the legislations and legal literatures. Rights protection as a form of justice for each person more specifically regulated in Law about Human Rights. Protection of the rights granted to women by the state including the protection of the political field regulated in some provisions of other legislation. By removing discrimination against women in it’s implementation still look at the culture and customs which is certainly not easy to do and the state is obliged to realize the objectives of the convention


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