scholarly journals PERSPEKTIF HUKUM ISLAM TENTANG SENI

2017 ◽  
Vol 2 (1) ◽  
pp. 47-59
Author(s):  
Darmiko Suhendra

Art is defined as the expertise to disclose or express ideas and thoughts a esthetics, including the ability and imagination to realize the creation of objects or the work atmosphere capable of inflicting a sense beautiful. Art is diverse and most of it always questionable in terms of Islamic law. In general, the art divided into two: first, sculpture, painting and drawing. And second, sound art. The main problem in sculpture, painting and drawing is if the object of animate beings, because on the one hand there are numbers of hadith that prohibit making images that are either raised or incurred and three dimensions. While on the other hand it has been commonly done in the community, especially in the natural environment that is fertile and rich with a variety of animals created by God as our State that inspired the artists. In addition, the sculpture on the side can be an expression of sheer beauty, it also has benefits for lessons and so on. Furthermore, sound art is a universal cultural phenomenon, practiced by many nations. In the time of the Prophet himself has been known to sing and play music. In terms of general principles of religious teachings that sound art including mu'amalat dunyawiyyah category. Restrictions on the arts (sculpture, painting, drawing, and sound) for their prudence of Muslims. Prudence was intended that they do not fall to the things that are contrary to the values of Islam which is the focal point at that time. Art as an aesthetic manifestation of the spirit of monotheism and not a waste of money but the art necessary for the improvement of human life, promotion of the dignity and the dignity and refining the soul and the mind. If so the purpose of art, then it is possible that the skill and sunnah favor, not against it.

PMLA ◽  
1965 ◽  
Vol 80 (4-Part1) ◽  
pp. 325-331
Author(s):  
Bertrand H. Bronson

The Masque, or serenata, or pastoral opera, Acis and Galatea—in eighteenth-century printings it was indifferently categorized—has been not so much neglected as quite ignored by the biographers and critics of John Gay. In its entirety, words and music, it is a masterpiece, and the reasons for its lying unregarded, except by historians of music, deserve to be scrutinized because they signalize a recurrent failing on the part of those who write on the arts, when a work exists simultaneously in more than one medium. Only lately, in truth, has criticism begun to cope with Shakespeare himself as drama existent in and for living embodiment on a physical stage and nowhere else, not even in the mind of Coleridge. (Theatrical criticism is by habit only piecemeal commentary on separate productions.) Similarly, to set small matters beside great ones, only of late has the ballad of tradition begun to be considered as song and not as a literary or pseudo-literary genre, sufficient and self-sustaining in its text alone. And the bardic tradition of the Ugo-Slavs is teaching us much about the Homeric epics of which former generations were unaware. Signs, in fact, are here and there beginning to appear of an unwillingness to rest content with the one-dimensional conception of arts which are only half-fulfilled until they are realized in two dimensions or more. A drawing of a sculpture is not enough; a sculpture of an action is not enough; pantomime does not suffice the spoken scene; the verbal text of a musical scena will not satisfy. Nor can any of these be adequately criticized on a basis of missing dimensions.


2021 ◽  
Vol 11 (2) ◽  
pp. 25-33
Author(s):  
Musyaffa Amin Ash Shabah

This study analyzes same-sex marriage and interfaith marriage in the perspective of HumanRights and Islamic Law. This research is a library research using the juridical-normative approachand descriptive analysis data. The results of the study show that same-sex marriage by nature hasagainst the nature of human life that is born to establish mental and biological bonds between theopposite sex, namely between men and women. The Positive Legal Review emphasizes that in theMarriage Law, it is stated that marriage is a physical and spiritual bond between a man and a womanto form a family or household and to carry on offspring and aim at upholding religious teachingsand carrying out customs. On the other hand, Islamic religious law also explicitly prohibits same-sexmarriage. As for the relation to interfaith marriage, if it is legalized, it is a violation of the constitution.Article 29 of the 1945 Constitution states that the State is based on the One Godhead (paragraph 1).The state guarantees the freedom of every resident to embrace his own religion and worship accordingto his religion and belief (verse 2). This article clearly states that the State guarantees every citizento practice his religious teachings. One form of freedom of religious worship is manifested in theimplementation of marriage. Religion regulates the procedures for marriage, including what is allowedand not done. Six religions recognized in Indonesia reject interfaith marriage. The legalization ofinterfaith marriage means that the government does not respect the prevailing rules in religion.


2018 ◽  
Vol 18 (1) ◽  
pp. 7-13
Author(s):  
Fazli Dayan

Background: Certainly, the ultimate aim of Islamic law is to “protect human life” either through mitigation of hardship or recognition of public interests reckons biomedical innovations allowable where-if cling by ethical, moral and legal principles. Assertively, if–CRISPR Cas- 9 genome editing–methods based on the guided principles of Islamic law and jurisprudence, as “harm has to be redressed” can be justified keeping in view the human dignity, honor and prestige. Hence, newer technologies can be adopted because “necessity renders prohibited things as permissible” with certain caveats. Arguably those who consider it as an evil must think over that “in the presence of two evils, the one whose injury is greater is avoided by the commission of the lesser”. Conclusion: Therefore if Cas-9 based method leaning towards evils, even then it can be acceptable in case where an atypical germ-line sequence can affect the next generation, which is indeed a great evil, and “the lesser of evils is preferred over the greater one” renders it permissible with a view it might enhance human health and living standard. Conversely, curing a minor disease if causing another equal infirmity or greater should be rendered forbidden as “harm cannot be removed by harm”, then, “a greater harm can be removed by a lesser one” germ-line editing/alteration in severe cases will be allowed on the basis of necessity. Bangladesh Journal of Medical Science Vol.18(1) 2019 p.7-13


Author(s):  
Imran Imran ◽  
Muammar Muammar ◽  
Jauharah Jauharah ◽  
T. Azwar Aziz ◽  
Darmawi Darmawi ◽  
...  

The existence of guardians in the implementation of marriage contract has been explained in Islamic law in a clear and detailed manner. Guardian for a woman becomes one of pillar in the implementation of the marriage contract, and has a systematic sequence that starts from the main one and moves sequentially to the one after, if the one above is considered ‘uzur. But the primacy of the existence of the guardian is not utilized maximally in the perception of the Acehnese people. So that most people tend to represent the implementation of the marriage contract to other people such as pious people or marriage registration officers. The parental guardian prefers to care for his guardian rights to others even though basically there is no obstacle that hinder him. The problem is the practice law of tawkil marriage in the tradition of Aceh people according to Islamic law review. The results of the study shows that the public perception of the implementation of wakalah (tawkil) marriage is based on an understanding about the ability to be brave in the implementation of the marriage contract. But their understanding is based on habits that occur in the traditions of society, not based on the results of scientific studies. Indeed, the practice of tawkil or wakalah marriage that occurs in Acehnese society does not conflict with religious law, but the implication is the erosion of the erosion of the existence of guardians and the parental guardian in a very memorable contract in the history of a human life.


2014 ◽  
Vol 27 (4) ◽  
pp. 709-744 ◽  
Author(s):  
Liesbet De Kock

ArgumentThis paper aims at contributing to the ongoing efforts to get a firmer grasp of the systematic significance of the entanglement of idealism and empiricism in Helmholtz's work. Contrary to existing analyses, however, the focal point of the present exposition is Helmholtz's attempt to articulate a psychological account of objectification. Helmholtz's motive, as well as his solution to the problem of the object are outlined, and interpreted against the background of his scientific practice on the one hand, and that of empiricist and (transcendental) idealist analyses of experience on the other. The specifically psychological angle taken, not only prompts us to consider figures who have hitherto been treated as having only minor import for Helmholtz interpretation (most importantly J.S. Mill and J.G. Fichte), it furthermore sheds new light on some central tenets of the latter's psychological stance that have hitherto remained underappreciated. For one thing, this analysis reveals an explicit voluntarist tendency in Helmholtz's psychological theory. In conclusion, it is argued that the systematic significance of Helmholtz's empirico-transcendentalism with respect to questions of the mind is best understood as an attempt to found his empirical theory of perception in a second order, normative account of epistemic subjectivity.


PMLA ◽  
1955 ◽  
Vol 70 (5) ◽  
pp. 1059-1067 ◽  
Author(s):  
Ellen Douglass Leyburn

There is a measure of incongruity in seeing the translation of A Voyage to Abyssinia by Father Jerome Lobo at the head of the lists of the works of Samuel Johnson, who seems of all writers the one least likely to be swept away by the glamor of the orient. His casting his own philosophical reflections in the form of an oriental tale in Rasselas is less remarkable since in doing so he was following a convention of which the actual representation of oriental life formed no part. He could very well have written Rasselas without having any particular interest in the East, for in spite of Boswell's enthusiastic claim that “this Tale, with all the charms of oriental imagery, and all the force and beauty of which the English language is capable, leads us through the most important scenes of human life,” it is a commonplace of criticism that the scenes of human life displayed are not really linked to the scene of Abyssinia and that the Cairo of Rasselas is as actually London as the sage of the story is Johnson himself. The reader who goes to Rasselas seeking “the charms of oriental imagery” is doomed to disappointment. Yet the feeling persists that the spell which was cast on the mind of the youthful Johnson by the Abyssinia of Lobo must have reasserted itself when the mature man came to set down his somber reflections on human life at the time of his mother's death. W. P. Courtney and D. Nichol Smith, discussing the composition of Rasselas, comment that “very little of the Oriental life of Lobo is reproduced in Rasselas, though that narrative, as his first labour in literature, must have been embedded in the author's mind.” The mystery of Johnson's being attracted to the work of Lobo in the first place and of its relation, tentatively suggested by Courtney and Smith, to his own oriental tale is resolved by an examination of A Voyage to Abyssinia and its accompanying dissertations.


Author(s):  
O. M. Khrystenko

The task of modern higher medical education in Ukraine is to provide professional training for future doctors on the relevant principles of philosophy and bioethics involving knowledge, values, attitudes and behavior within the category “moral responsibility of a doctor”. This paper is dedicated to basic modern philosophical and bioethical concepts which are related to the moral responsibility of the doctor for human life, as well as analysis of their axiological essence. Research methods: content analysis and comparative analysis. Feminist bioethics seeks to show the special, exceptional value of a woman’s spiritual world; at the same time the dependence of her social position on the traditional patriarchal society is taken into account. Therefore, when it comes to abortion, women’s interests are dominant. In contrast, conservatives and Christians protect the unborn child’s right to life. But now secularism, more assertive in Europe than elsewhere, proposes the exclusion of religious belief and expression from public life. In aspiring to be the legitimate judge of the religious sphere, secularism claims not merely separation from religion but control over it. Besides, there is serious discussion on the morality of abortion under conditions of some medical indications, assumptions or forecasts. For instance, concerning a fetus with Down syndrome. On the one hand, this is a serious genetic disease that can cause a difficult life for the child and his or her parents. On the other hand, these special children can even be very talented and achieve great success in various fields of social life, especially in the arts and sports. So, it is defined that ideological foundations of modern doctor must be based on the humanistic values’ system. It means that health, safety and life of human, including unborn child, have to be accepted as the highest values. Moral responsibility of doctor is related to implementing of these values into practice.


Islamovedenie ◽  
2020 ◽  
Vol 11 (4) ◽  
pp. 69-80
Author(s):  
Vasiltsov Konstantin Sergeevich ◽  

The article deals with some issues related to the conception of space/territory in medieval Islam. At the turn of XX–XXI centuries within the framework of various humanitarian disci-plines has been widely discussed a new understanding of space which came to be realized as a heterogeneous social and cultural phenomenon, reflecting political, legal and social norms spe-cific to a particular culture. At the first centuries of the history of Islam there appeared the idea of two geo-religious regions: Dar al-Islam ("Territory of Islam") and Dar al-Harb (Territory of war) or otherwise Dar al-Kufr ("Territory of unbelief"). On the one hand, these concepts reflect the real boundaries of the Muslim / non-Muslim world and the criteria by which those belonging to it were determined, and at the same time it contains an indication of certain non-spatial cultur-al symbols, categories and values. Special attention here is paid to the history of the origin and evolution of the concepts Dar al-Islam / Dar al-Harb (both in sunni and shi‘ite traditions) repre-sented in the foundational texts of Islam, medieval Arabic dictionaries, travelogues, and essays on Islamic law (fiqh).


Author(s):  
Anahit Manasyan ◽  
Taron Simonyan

The article tries to bring to the light the role of symbolism in the organized human life, in general, and the contemporary societies with the accelerating changes almost in all social structures, in particular. The rational of symbolism in changing socio-political and legal environment creates complexity of the issue, which has been studied in the article, taking into account the methodology of complex system theory. The interconnectivity and interdependency of law, morality and politics create the picture of synergy of different social norms with each other in changing environment. Their positive synergy is able to create a perception of the ‘ethical state’ – the focal point of equilibrium expressed in the attractor of future admired development. In the legal perspective, the symbol of that attractor appears to be the constitution as the society’s and the nation’s symbol of coexistence based on the values of mutual past, necessary present and admired future. It is substantiated that the Constitution is the phenomenon, representing a concrete constitutional idea and constitutional identity, and should be the one to be considered as such in a lot of people’s minds if we intend to have a proper constitutional system and values. Hence, the Constitution is not just a document with a highest legal force, but also a symbol of a concrete constitutional system, and from this viewpoint the Basic Law has a symbolic significance. The authors substantiate that the mentioned significance of the Constitution makes it clear that constitutional policy in any state should be established and implemented in a manner, obviously demonstrating an attitude towards the Constitution, in the frames of which it is considered as a symbol of a concrete constitutional system. The most important circumstance in this context is to never transform the Constitution (directly or indirectly) from a symbol to an instrument in the hands of both the people and the state power and the whole constitutional policy of the state should be based on the discussed essential idea. Moreover, according to the authors the Constitution should not be subject to amendment parallel to every change of political situation of the state or formation of a new political majority merely conditioned by the mentioned changes. The Constitution has a fundamental role from the aspect of regulating social relations, has symbolic significance and can’t be used just as a tool for solving ongoing political problems.


2021 ◽  
Vol 2 (2) ◽  
Author(s):  
H. M Umar

This paper is entitled Perspective of Islamic Law on LGBT Behavior (Lesbian, Gay, Bisexual, and Transgender) which explains that as khal?fah, humans must submit, obey, obey, and serve Allah-not to others-in a broad sense based on the provisions which is stated in shar?'ah. For the convenience of carrying out this great mandate, Allah has equipped with super complete facilities starting from the mind, heart, five senses, sent by the prophet and given the book of the Qur'an as the main guide, although not a few people are still lost. As humans who have external dimensions, humans are given the freedom to enjoy their needs while in the world, including the need to eat, drink, and their biological needs (sexuality). The fulfillment of these needs must be in line with the demands of religion, it should not be as human. That means that human life, both in the spiritual dimension and in the worldly dimension, all of his actions are very tied to the provisions of Allah in this case is shar?'ah.


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