scholarly journals Global Norms vs. Global Actors: International Politics, Muslim Identity, and Support for Shariʿa

2019 ◽  
Author(s):  
Brandon Gorman
Keyword(s):  
Cultural Change ◽  
International Politics ◽  
Islamic Law ◽  
Muslim Identity ◽  
Environmental Preservation ◽  
Cultural Elements ◽  
Cultural Objects ◽  
Muslim Countries ◽  
Global Norms ◽  
Local Cultures

Many scholars argue that local cultures are an impediment to the diffusion of “global” norms. Others point out that local populations domesticate global cultural elements by integrating them into preexisting cultures, generating hybridized systems. In the current study, I argue that local cultures are not necessarily impediments to cultural change and hybridization is only one aspect of cultural domestication. Instead, I find that individuals attribute global norms to local cultural objects as a means for disassociating putatively universal norms from the powerful actors that dominate international politics. I illustrate this process using the case of support for shariʿa (sometimes called Islamic law) in majority‐Muslim countries. Results of multimethod analyses show that with the exception of attitudes about gender roles and sexuality, Muslims who support implementing shariʿa do not systematically object to many so‐called global norms; in fact, they may express more enthusiasm about democracy, tolerance for people of other religions, optimism about scientific advances, and concern for environmental preservation than those who oppose implementing shariʿa. Likewise, many Muslims assert their full participation in global society on terms not dictated by Western actors by repackaging ostensibly universal norms as components of the unambiguously local shariʿa.

Ragam Bangunan Perundang-Undangan Hukum Keluarga di Negera-Negara Muslim Modern: Kajian Tipologis

2018 ◽  
Vol 11 (1) ◽  
pp. 49-60
Author(s):  
Miftahul Huda
Keyword(s):  
Saudi Arabia ◽  
United Arab Emirates ◽  
Islamic Law ◽  
Family Law ◽  
Marriage Law ◽  
The Third ◽  
Muslim Countries ◽  
Fourth Type ◽  
Modern Family ◽  
The Difference

The reality of the difference in applying Islamic law in the context of marriage law legislation in modern Muslim countries is undeniable. Tunisia and Turkey, for example, have practiced Islamic law of liberal nuance. Unlike the case with Saudi Arabia and the United Arab Emirates that still use the application of Islamic law as it is in their fiqh books. In between these two currents many countries are trying to apply the law in their own countries by trying to bridge the urgent new needs and local wisdom. This is widely embraced by modern Muslim countries in general. This paper reviews typologically the heterogeneousness of family law legislation of modern Muslim countries while responding to modernization issues. Typical buildings seen from modern family law reforms can be classified into four types. The first type is progressive, pluralistic and extradoctrinal reform, such as in Turkey and Tunisia. The second type is adaptive, unified and intradoctrinal reform, as in Indonesia, Malaysia, Morocco, Algeria and Pakistan. The third type is adaptive, unified and intradoctrinal reform, represented by Iraq. While the fourth type is progressive, unifiied and extradoctrinal reform, which can be represented by Somalia and Algeria.

Menakar Urgensi dan Masa Depan Legislasi Fiqih Produk Halal di Indonesia

2020 ◽  
Vol 14 (2) ◽  
pp. 177-190
Author(s):  
Siti Rohmah ◽  
Ilham Tohari ◽  
Moh. Anas Kholish
Keyword(s):  
Islamic Law ◽  
World Market ◽  
Legal Certainty ◽  
Muslim Countries ◽  
The World ◽  
Constitutional Protections

This article aims to identify and analyze the urgency and future of fiqh legislation for halal products in Indonesia. In addition, this article also aims to identify and analyze whether Law no. 33 of 2014 concerning the Guarantee of Halal Products is the result of authoritarianism in the name of Islamic law in Indonesia or is a constitutional guarantee for the majority of Muslims. The conclusion of this study shows that the effort to enact the jurisprudence of halal products through the Halal Product Guarantee Law is a constitutional necessity for Indonesian citizens who are predominantly Muslim. The regulation of halal certification in the Halal Product Guarantee Law is a form of legal certainty and constitutional protections for the majority of Muslims as consumers in Indonesia. In addition, the existence of the Halal Product Guarantee Law is also considered to provide benefits economically, socially, and healthily, which applies universally regardless of religion. Even the accusation that the Halal Product Guarantee Law is a product of authoritarianism that harms non-Muslims cannot be justified. Because the producers of food and medicine that are widely circulating in supermarkets and mini-markets in Indonesia are actually non-Muslim owners. Even with this halal certification, their products can enter the world market, especially in Muslim countries.

Evolving Views of Islamic Law in Turkey

2013 ◽  
Vol 28 (2) ◽  
pp. 467-487 ◽  
Author(s):  
Russell Powell
Keyword(s):  
Islamic Law ◽  
Empirical Studies ◽  
Exceptional Case ◽  
Legal Norms ◽  
Muslim Countries ◽  
Law And Politics ◽  
Legal Opinions ◽  
Turkish Constitution ◽  
The Relationship

The tradition of Kemalist secularism (laiklik) in Turkey is often cited to distinguish Turkey as an exceptional case among predominantly Muslim countries. While it is true that the Turkish Constitution, laws, and legal opinions approach the relationship between the state and religion very differently than those of Iran, Saudi Arabia, Egypt, or even Indonesia, it would be wrong to underestimate the role that religion plays in the formation of Turkish legal norms, including citizen understanding of those norms. There is a wealth of literature describing the nature of Turkish secularism and its evolution. A number of both quantitative and qualitative studies inquire about the preference forShari'aamong Turkish voters. The typical question asks whether respondents favor the establishment of aShari'astate. Over the past fifteen years, these surveys have received response rates ranging between five and twenty-five percent in favor of such a state. However, these results are extremely problematic, because they do not provide any context or meaning for “the establishment of aShari'astate,” either for those who favor it or for those who oppose it. This study begins to unpack the range of possible meanings attributed toShari'awithin Turkey, both among voters and among intellectuals, as a framework for future empirical studies and as a basis for deeper understandings of the role of Islam within Turkish law and politics.

Revitalising Waqf (endowment) lands for agribusiness: potentials of the anchor company models

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Norfaridah Ali Azizan ◽  
Amirul Afif Muhamat ◽  
Sharifah Faigah Syed Alwi ◽  
Husniyati Ali ◽  
Amalia Qistina Casteneda Abdullah
Keyword(s):  
Household Income ◽  
Design Methodology ◽  
Potential Role ◽  
Islamic Law ◽  
Living Condition ◽  
Previous Literature ◽  
Content Type ◽  
Muslim Countries ◽  
The Right

PurposeWaqf (endowment) lands constitute as among the highest types of waqf (endowment) properties in Malaysia; yet it is still unable to reach its maximum potential due to various challenges such as capital, location, legal and administrative issues. Therefore, this study intends to explore these issues by focussing on the two states in Malaysia (Selangor and Perak) that have fertile lands but different management authorities.Design/methodology/approachThere were series of interviews that had been conducted with ten (10) key informants who are experts and practitioners in the areas of Shariah (Islamic law), farming, agribusiness, land management and waqf.FindingsFindings exhibit that constraints and challenges that had been highlighted in the previous literature still exist (although some improvements had been made), but there is emerging theme that the study intends to highlight which is on the needs to secure market for the agribusiness produce and the potential role of anchor company in the agribusiness. It is pertinent that for agribusiness to thrive, selecting the right anchor company that has the capacity to address the challenges is necessary. This study posits two anchor company models (Waqf Trustee-Anchor Company and Waqf Trustee-Anchor Company-Community Farmers) that can be applied for agribusiness on the waqf lands.Research limitations/implicationsThis study is based on the Malaysia's context influenced by specific country's features. Nevertheless, such findings can still be used as reference or benchmark by other endowment trustees in other countries especially for the Muslim countries as well as the non-Muslim countries that have significant Muslim populations.Social implicationsThe suggested models have potentials to improve the living condition of the B40 (below 40% household income) in Malaysia because the models encourage their participation in the agribusiness activities.Originality/valueThis study focusses on the agribusiness, which is rarely being given attention in previous literature in the context of endowment lands. Therefore, this article bridges the literature gap and at the same time attempts to provide suggestion to address the pertinent issue – the underutilised endowment lands.

THE PROBLEM OF ESTABLISHING THE CHILDʼS ORIGIN AND THE CHILDʼS RIGHT TO A FAMILY IN THE CONTEXT OF ISLAMIC LAW

2021 ◽  
pp. 205-211
Author(s):  
N.V. Kravchuk ◽  
Keyword(s):  
Islamic Law ◽  
Differential Regulation ◽  
The State ◽  
Muslim Countries ◽  
The Right

The review is focused on the issue of participation of the state in establishment of paternity and securing of the right in Muslim countries. Measures, adopted in this area, as noted, do not eliminate discrimination between children born in marriages and children born out of wedlock, but make their situation worse by allowing differential regulation of the same issue with regard to different groups of people.

The Ruling on Aborting the Fetus and Its Effect on Inheritance: A Comparative Study between the Four Sunni Schools, Indonesian Law and Malaysian Law

2021 ◽  
Vol 4 (4) ◽  
pp. 60-93
Author(s):  
Andri Nirwana ◽  
Faisal Husen Ismail ◽  
Dhia’ul Khaq ◽  
Yeti Dahliana ◽  
Alfiyatul Aziza ◽  
...  
Keyword(s):  
Comparative Study ◽  
Research Method ◽  
Islamic Law ◽  
Legal Regulations ◽  
Muslim Countries ◽  
Sharia Law ◽  
Depth Study ◽  
Qualitative Descriptive ◽  
Similarities And Differences

Abortion is an act of killing to life which is forbidden in Islam. Abortion gives rise to differences of view among past and contemporary scholars on its enabling and prohibition. So, this study is to examine the views of scholars and laws in Indonesia and Malaysia related to abortion and its impact on inheritance ownership. This situation affects the inheritance of property to the mother from the aborted baby. The method of this study is qualitative descriptive. The approach of this research method is descriptive of content through literature. Books, journals, newspaper clippings, and legal regulations are the premier references to this study. This study finds that there are similarities and differences between sharia law and the rules applied in Indonesia and Malaysia. In terms of similarities, Islamic law and the laws in Indonesia and Malaysia provide for the prohibition of abortion. But, in certain circumstances, the fetus can be aborted for certain reasons, such as harming the mother or for medical reasons. In addition, this study found differences in punishment for women who had an abortion for no valid reason. Therefore, this study reveals the harmonization of Islamic law with the laws conducted in Indonesia and Malaysia. So, this study recommends forming a better in-depth study of efforts to harmonize the larger Islamic law to the rules regulated in Muslim countries.

scholarly journals Perubahan Sosial, Ijtihad dan Dinamika Hukum Islam

2018 ◽  
Vol 4 (1) ◽  
pp. 63-76
Author(s):  
Salamah Eka Susanti
Keyword(s):  
Social Change ◽  
Social System ◽  
Social Dynamics ◽  
Islamic Law ◽  
Social Changes ◽  
Cultural Objects ◽  
The Road ◽  
The Social ◽  
Rapid Changes ◽  
The Law

The Qur'an contains only a small number of detailed laws, while the sunna is limited to the cases that occurred in its time, so to solve new problems, ijtihad is required. In such a connection for a Muslim, new problems arising from the progress of science and technology, should not be confronted with confrontational passages, but must be solved by ijtihadi.Karena reality often occurs, that the development of society and public opinion faster the pace of the road from on the development of the law itself. The dynamics of people's lives are characteristic of change. Through the power of intention, power, and creativity, humans create cultural objects as a result of their creations. Changes that occur in society when observed can occur in various There are slow changes (evolution) and there are rapid changes (revolution). The social changes that occur in a society, directly or indirectly, affect institutions in various fields, such as government, economics, education, religion and so on. The continuation of an impact on the social system changes. When the law is faced with social change, it occupies one of its functions, which can function as a means of social control, and the law can serve as a means of social change. the characteristics of the law above is due to the inconsistency of social dynamics and the dynamics of law in the life of society. Unequaled dynamics of society and law, usually will bring social lag. From here, then comes a question whether Islamic law as a norm of God's determination can experience changes in accordance with the needs of the community? Ijtihad is an important factor for the development and development of Islamic law.Ijtihad done to answer the problems that arise in society that is not yet known legal status.ijtihad has a wide scope, the issues are not regulated explicitly dala m al-Qur'an and sunna can be done ijtihad. In order for humans to have breadth in determining its activities according to its ability, needs and environment. Therefore ijtihad in the field of Islamic law in anticipating the dynamics of society and social changes concerning the values, behavior patterns, and social system of a society is a concern in establishing Islamic law. Thus ijtihad is the third source in the development of Islamic law. Keywords: Social Change, Ijtihad, Law, Islamic.

scholarly journals Sociocultural Mechanisms of Conflict: Combining Topic and Stochastic Actor-Oriented Models in an Analysis of Afghanistan, 1979-2001

2019 ◽  
Author(s):  
Daniel Karell ◽  
Michael Raphael Freedman
Keyword(s):  
Interpersonal Relationships ◽  
Social Relations ◽  
Cultural Change ◽  
Analytical Approach ◽  
Semantic Network ◽  
Cultural Sociology ◽  
Conflict Studies ◽  
Cultural Elements ◽  
Cultural Domain ◽  
Do So

How do sociocultural dynamics shape conflict? We develop a relational understanding of how social relations, culture, and conflict are interwoven. Using this framework, we examine how combatants' associations with cultural elements affect the interpersonal relationships underlying conflict dynamics, as well as how these relationships engender associations to cultural elements. To do so, we first introduce a novel analytical approach that synthesizes computational textual analysis and stochastic actor-oriented models of longitudinal networks. We then use our approach to analyze a two-level socio-semantic graph representing both the cultural domain and social relationships of prominent militants operating in one Afghan province, Balkh, between 1979 and 2001. Our results indicate that militants' interpersonal comradeships rely, in part, on their connections to cultural elements and relative power. Comradeship, in turn, fosters militants' connections to cultural elements. We conclude by discussing how conflict studies can continue to build on insights from cultural sociology, as well as how cultural sociology and socio-semantic network research can benefit from further engaging conflict studies and developing our analytical approach. We also highlight provisional insights into endogenous mechanisms of conflict resolution and cultural change.

scholarly journals The Discourse and Practice of Islamic Family Law in Indonesia

2021 ◽  
Vol 58 (1) ◽  
pp. 5201-5212
Author(s):  
Nurrohman Syarif
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Court System ◽  
Islamic History ◽  
Law System ◽  
Muslim Countries ◽  
Changing Times ◽  
The Impact ◽  
Civil Law System ◽  
Religious Courts

Family law is the most powerful law practiced in Islamic history, but this does not mean that it avoids the demands of changing times. Today, there are no less than thirteen problems related to family law that have arisen in the Muslim world. This problem arises not only because of demands for changing times, but also because of efforts to unify, codify and legislate Islamic law in a number of Muslim countries. This problem requires not only solutions but also reforms. This study aims to examine the model of understanding, practicing, reforming and transforming Islamic law in Indonesia and its impact on the position of standard classical fiqh books and the independence of judges in the Religious Courts. This research is a non-doctrinal normative qualitative research type. This study found a variety of models in the exploration, practice and reform of family law in Indonesia. The impact of the reform and transformation of family law in Indonesia is that classical fiqh books are no longer used as the main reference and the Religious Court System is closer to the civil law system. However, the reform and transformation of family law in Indonesia did not reduce the independence of religious judges in exploring and discovering more contextual Islamic law.

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