scholarly journals An Assessment on the Constitution of Nepal 2015

2020 ◽  
Vol 20 ◽  
pp. 46-60
Author(s):  
Dilli Raj Gautam

This paper aims to critically examine the major features, strengths and weaknesses of the present constitution of Nepal (2015) applying the fundamental instruments of constitutionalism as a measuring rod. The Constitutional discourse of Nepal moved through seven Constitutions so far. It can be better linked to a laboratory of constitutional experiments of the constitutions of 1948, 1951, 1959, 1962, 1990, 2007, and 2015. The present constitution of Nepal (2015) was promulgated with the motive of political and social transformation strengthening democracy, human rights, ensuring equality, liberties and social justice to the people. In order to explore the features, strengths and weaknesses of the constitutions available texts and other materials on the constitution were collected first and then the content analysis method was followed to explore the major features, strengths and weaknesses of the constitution. Based on the analysis, dynamism and flexibility, comprehensive catalogue of fundamental rights and inclusiveness and proportional representation were found as the major features. Incorporation of adequate economic, social and cultural rights including group rights empowerment of women and minorities inclusiveness and proportional representation are the major attributes of the present constitution. In spite of popular acceptance of the people's verdict and wider inclusion of progressive arrangement the constitution still conceives some weaknesses on vague and clumsiness of preamble, disparity on citizenship issues and constituency delineations, enlistment of ambitious and unenforceable rights and composition of politically shadowed judiciary.

2020 ◽  
Vol 15 (6) ◽  
pp. 1 ◽  
Author(s):  
Khaled O. Alotaibi ◽  
Mohammad M. Hariri

This paper examines the influence of capitalism and globalisation on the role of Shariah-Compliant Investment Funds (SCIFs) in promoting social justice in the Kingdom of Saudi Arabia (KSA) using content analysis method. This is to analyse the Terms and Conditions (T&C) of SCIFs as they appear in Tadawul (Saudi stock market) in 2019 and compared with the findings in 2013. This research critically evaluates the findings of the content analysis through aspects of globalization and insights from the literature review. The content analysis shows that SCIFs in KSA are disjointed and decoupled from Islamic principles and do not fulfil the ideal social justice role in society.


2020 ◽  
Vol 1 (1) ◽  
pp. 85
Author(s):  
Ramli Abdul Wahid

<strong>Abstrak: </strong>Studi ini mengkaji konsep pemimpin dalam Islam. Studi ini merupakan studi kepustakaan. Data diperoleh dari kitab-kitab tafsir untuk menemukan bagaimana hakikat kepemimpinan dalam Islam. Data dianalisis dengan metode analisis isi. Secara umum, studi ini membahas kriteria pemimpin dalam Islam dan konsep pemimpin perempuan dalam Islam. Beriman, memiliki visi dan program kerja, mampu menjalankan tugas, diterima oleh umat, tidak diktator dan rendah hati. Dalam konteks pemimpin perempuan, tidak ada kesepakatan apakah perempuan boleh menjadi pemimpin. Banyak pemikir di era modern yang tidak dapat menerima pendapat para ulama klasik yang melarang perempuan menjadi pemimpin. Studi ini diharapkan dapat memberikan kontribusi dan inspirasi bagi kajian-kajian tentang gender di era saat ini.<br /> <br /><strong>Kata Kunci: </strong>Islam, pemimpin, perempuan, Alquran, hadis<br /> <br /><strong>Abstract:</strong> <strong>Depicting Leadership Discourse in Islamic Perspective</strong>. This study examines the concept of leader in Islambased on the Qur’anic interpretation. This study is a literature study. Data is obtained from the books of Qur’anic exegeses to find out how the nature of leadership in Islam. Data is analyzed by content analysis method. In general, this study discusses the criteria for leaders in Islam as well as the concept of women leaders. It is found that amongst the criteria are having faith or believer, having a vision and working program, being able to carry out tasks, being accepted by the people, not being dictatorial and humble. In the context of women leaders, there is no agreement on whether women may become leaders. Many thinkers in the modern era cannot accept the opinions of classical scholars who forbid women to become leaders. This study is expected to contribute and inspire studies on gender in the contemporary era.<br /> <br /><strong>Keywords</strong>: Islam, leadership, women, Qur’an, hadith


2017 ◽  
Vol 7 (1) ◽  
pp. 24
Author(s):  
Dessy Wahyuni

<p>Matrilineal kinship system is adopted by the Minangkabau society. In fact, the system that follows the maternal lineage turns out to cause inner conflict for the people. Through a short story titled “Gadis Terindah”), Gus tf Sakai as the author tried to express this inner conflict. In this matrilineal culture, there is a necessity for men to leave their hometown, known as migrating. After being successful as migrating people, they have to return to their hometown, take their wealth to accumulate the wealth of people there by marrying a Minang girl. Inner conflict that developed by the author through a fictional character in the short story is expressed by applying a pragmatic approach to the theory of semiotics. Signs given by the author are examined by using text content analysis method. Thus, it is found that in the tradition of matrilineal culture, migrating, inheritance systems, and matchmaking have been arranged. However, in fact, the system that has been organized remains conflict for its people.</p>


Author(s):  
Ninuk Lustyantie ◽  
Dhinar Ajeng Fitriany ◽  
Emzir

Starting from the phenomenon of Indigo children who seize the attention of the people in several countries, including in Indonesia, the uniqueness of Indigo children becomes distinctive for Indigo children compared with other children in general. The uniqueness of Indigo children can be described by authors in literary works, such as novels. In addition, the uniqueness of Indigo children revealed in a novel can be used as a renewal in teaching novels reviewed using the literary psychology approach. The study of psychology in literature is an important thing to do with the aim of developing a way of teaching literature. However, the study of psychology in literature is still very less. In addition, research on Indigo children in literary works has never been done. In dealing with this problem, qualitative research using content analysis method with a literary structural approach and literary psychology of novel entitled “Gerbang Dialog Danur” written by Risa Saraswati was conducted. The result of the research is the phenomenon of Indigo children described by the main character, that is Aku (Risa). In addition, this study also produced findings, namely the types of Indigo children and how to deal with them suggested in the novel. The results of this study conclude that Indonesian literary teachers, literary researchers, novel readers, parents, and the general public can use the novel Gerbang Dialog Danur by Risa Saraswati in the process of teaching literature, especially in the study of psychology.


2019 ◽  
Vol 7 (1) ◽  
pp. 25-31
Author(s):  
Mohd Faisal Mohamed ◽  
MUALIMIN MOCHAMMAD SAHID

Economic thought is defined as research, theory and economic troubleshooting methods for ideas and efforts from Islamic scholars based on the benefits and syara’. The flourish of the Islamic economic thought discussion began since the early period of Prophet Muhammad SAW because one of the aspects in the al-Quran and al-Sunnah is about economy. With the expansion of Islamic civilization, the discussion regarding economy was flourish as well, especially with the emergence of the fiqh scholars and the sects of fiqh. Fiqh scholars were one of the people who played vital roles in expressing ideas based on naqli and aqli propositions, in addition of arranging discussions in regard to economics. Conservative scholars in the Malay Archipelago such as Syeikh Daud al-Fatani had also played the same role in the Malay World. Thus, this study aims at analyzing the economic thought regarding the concept of gharar in one of his work (the text of Sullam al-Mubtadi) using content analysis method. The focus of the research is on the Mua’wadah contract.


Author(s):  
Akhlis Syamsal Qomar ◽  
Warto Warto ◽  
Akhmad Arif Musadad

<p><em>The old manuscript is one of the cultural heritages of the Indonesian nation which is full of noble values. One of the old literary works that has the function of piwulang is Serat Serat Gembring Baring by Raden Rangga Prawiradirja III [Madiun Regent 1796-1810]. The purpose of this study is to describe the leadership concepts contained in the Serat Gembring Baring in order to answer one of the mistakes of our state management, namely, the leadership crisis so that we can find the criteria for an ideal leader and what the people want. The content analysis method is used to reveal the leadership concept contained in the fiber, while the approach used is a historical-descriptive approach. A good leader in Fiber Gembring Baring is a leader who has the following criteria: kaṅ nĕdya hulaḥ praja  (seriously government the country), maḍĕp kawulannira (pay attention to the people),  mantĕp maraṅ hadabbiṅ nagari (be loyal to the adab [rules] of the country).</em></p>


2020 ◽  
Vol 3 (1) ◽  
pp. 1-12
Author(s):  
Aa Qonaatun

This study try to analyze solidarity to human rights as reflected in the lyrics of the song entitled "Hear Your Call" by Sami Yusuf by using a sociological approach of literature. This study is a qualitative using content analysis method. The technique of study and data analysis is content analysis by identifying and interpreting the lyrics in the song, and then recognizes it as the data of study. Based on the analysis and discussion of song lyrics, it is concluded that there are 6 lines of song lyrics that contain of solidarity to human rights in the social, economic and cultural fields. Based on the sociology of the reader, it is concluded that the song is aimed to the reader or listener of the song, the lyrics contain the meaning and messages that want to influence their point of view and response after reading or listening to the song, and also expected to provide influence on the social conditions of victims in the flood disaster in Pakistan. The result of this study can be used as learning material in providing model of communicative English teaching through songs and also to support teaching materials in English Literature subject.


2020 ◽  
Vol 28 (3) ◽  
pp. 359-382
Author(s):  
Md. Habibur Rahman ◽  
Muhammad Amanullah

The Majallat al-Aḥkām al-‘Adliyyah, known as the Mejelle, is the code of Islamic civil transactions which was prepared under the auspices of the Ottoman Caliphate. This code was established based on the Ḥanafī School of Islamic law. However, people, who follow other than the Ḥanafī School, are reluctant to rely on the Mejelle even though they are interested to know the stands of their respective School of Islamic law on the articles of the Mejelle. Thus, considering the importance and relevance of Salam contract to the contemporary context, the paper attempts to conduct a juristic evaluation of the articles of the Mejelle on salam contract along with an investigation of its contemporary applications. Salam is a sale contract in which the commodity’s delivery is deferred until a defined period, while the buyer must settle the payment upon the contract’s conclusion. Although the general principle says that sale of something which is not possessed and not present is not permissible, salam contract is made valid as an exception from this, considering the need of the people. The study follows a qualitative approach and uses the content analysis method to achieve the objectives. For data source and analysis, the study consults with related classical and contemporary literature. The study finds that in general, the articles of the Mejelle on salam contract conform to the prominent Schools of Islamic law. Among the notable contemporary applications of salam contract are salam financing, parallel salam, salam ṣukūk, salam in short selling, and so forth.


2020 ◽  
Vol 31 (1) ◽  
pp. 1
Author(s):  
Meirison Meirison ◽  
M. Harir Muzakki

<p>This paper aims to illustrate that Sufism does not fully lead to scepticism and passivity in fighting for the benefit of Muslims. Sufism was originally a zuhud (ascetic) movement in Islam, and in its development, gave birth to the tradition of Islamic mysticism. Some Islamic thinkers argue that Sufism is an exile from the people who are more concerned with spiritual life so that they no longer think about the problems of Muslims. Sufism experts, as described the Sufis do not care about what is happening around them, let alone strive for the religion of Allah and also as defined by the public. This article is a literature study and uses the content analysis method from several documents about the history of Sufism. This paper proves that not all accusations about Sufism are true. It could see from the reality on the ground, and it turns out that the Sufis and their students play a lot of roles in helping the struggle of Muslims. Both in eradicating evil, re-implementing the Islamic Shari'a, abolishing polytheism, and Jihad. Jihad that has long been forgotten by Muslims in the late Ottoman period. The struggle of heroic Sufis will never fade from the pages of history. True Sufism is Sufism, which follows the instructions of Allah and His Messenger towards the cleanliness of the spirit, the glory of morals and manners, which finally knows Allah with bright eyes. The Holy Jihad is for the sake of perfection, Jihad against self, greed, against tyranny.</p>


2017 ◽  
Vol 4 (2) ◽  
pp. 185-200 ◽  
Author(s):  
Servet Kardeş ◽  
Çağla Banko ◽  
Berrin Akman

Bu araştırmada sığınmacılara yönelik paylaşımların yapıldığı sosyal medyada yer alan sözlüklerden birinde sığınmacılara yönelik algıya bakılmıştır. Yöntem olarak nitel desende olan bu çalışmada, bir sosyal medya sitesinde yer alan paylaşımlar içerik analizi yoluyla derinlemesine incelenip yorumlanmıştır. Araştırmanın sonucunda sosyal medya kullanıcılarının sığınmacıları büyük bir güvensizlik ortamı ve huzursuzluk yaratan bireyler olarak gördükleri saptanmış, sığınmacılarla yaşanan deneyimlerin ve medyadaki haberlerin bu düşüncelerin oluşmasında etkisinin olduğu belirlenmiştir. Bunun yanında sosyal medya kullanıcılarının devletin sığınmacılar konusunda yanlış politika izlediğini düşündükleri ve sığınmacılar için etkili bir planlama yapılmadığını ifade ettikleri görülmüştür. Çalışmanın sonuçları doğrultusunda medyada sığınmacılar hakkında çıkan haberlerde olumsuz ve şiddet temalı haberlerin azaltılması, Suriyeli sığınmacıların durumu, sahip oldukları haklar ve topluma yansımaları hakkında doğru ve bilgilendirici kamu spotları hazırlanması ayrıca sığınmacıların topluma entegre olma sürecinin her basamağında daha planlı ve etkili bir yol izlenmesi önerilebilir.ABSTRACT IN ENGLISHPerceptions about Syrian refugees on social media: an evaluation of a social media platformIn this research, posts which are about Syrian refugees were published in a social media platform, called as “sözlük” were investigated. The research is a qualitative research. The posts in this platform are analyzed with content analysis method. According to results of analyses, social media users see Syrian refugees as people who create an insecure and a restless environment. The experiences people had with them and news have an effect on this view. In addition, social media users think that government made inappropriate policies and ineffective plans about Syrian refugees. It is suggested negative news about Syrian refugees should be decreased and government should make safer policies. In addition, adaptation of refugees to society should be made in more planned and effective way.


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