scholarly journals Tawkil Traditions in the Implementation of Marriage Contract in Aceh, Indonesia

2019 ◽  
Vol 2 (3) ◽  
pp. 210-218
Author(s):  
Imran Imran ◽  
Muammar Muammar ◽  
Jauharah Jauharah ◽  
T. Azwar Aziz ◽  
Darmawi Darmawi ◽  
...  
Keyword(s):  
Public Perception ◽  
Islamic Law ◽  
Human Life ◽  
The Public ◽  
Religious Law ◽  
Marriage Contract ◽  
History Of ◽  
The One ◽  
The Guardian

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.

scholarly journals ISLAMIC LAW VIEWS ON HARSH PHYSICAL PARENTING: A Comparative Study

2020 ◽  
Vol 20 (2) ◽  
pp. 124
Author(s):  
Mutia Hasan ◽  
Achmad Musyahid ◽  
Abdi Wijaya
Keyword(s):  
Comparative Study ◽  
Human Dignity ◽  
Child Protection ◽  
Public Perception ◽  
Islamic Law ◽  
The Public ◽  
The One

This research aims to educate children in ordering prayers in Islam and then analyze it in the child protection law. However, in general, Islam places more emphasis on gentleness, patience, and compassion than on violent ways in educating children, although in some instances showing disbelief and opposing children's mistakes is necessary, of course, correctly and appropriately. In the concept of Islamic law, violence has become an enjoyable theme to discuss. On the one hand, there is a hadith from the Prophet about educating children, which, if understood textually, raises the public perception of the necessity of violence in educating children. The Child Protection Law aims to guarantee and protect children and their rights to live, grow, develop and participate optimally following human dignity and protection from violence and discrimination.Keywords: Islamic Law; Prayer; Child Protection Act

scholarly journals GUGAT CERAI: MEMBEBASKAN PREMPUAN DARI PENDERITAAN

QAWWAM ◽  
2019 ◽  
Vol 13 (2) ◽  
pp. 101-122
Author(s):  
Nurmala Fahriyanti
Keyword(s):  
Life Cycle ◽  
Social Development ◽  
Islamic Law ◽  
Human Life ◽  
Daily Basis ◽  
State Law ◽  
Legal Systems ◽  
Religious Law ◽  
The Family

In Mataram West Nusa Tenggara, people is lives are regulated on daily basis by religious law, traditional (adat) law and state law. To understand these complex cultural and religious processes as they affect women in particular, I will examine the issue of divorce, also known as sue divorce. This tipe of divorce is socially-sanctioned. I will focus my examination in Mataram, an city of Lombok West Nusa Tenggara. In Lombok society marriage constitutes an important part of the life cycle.  Someone is not considered an adult until marriage.  Marriage is not only united two individual, but also united two families. However this dream canot be realized over the long term.  If family problems arise and  there are no suitable solutions, people may choose to divorce. For instance, if a wife unable to fulfill her obligations as a wife, her husband can divorce her by verbal means alone, according to any of the three existing legal systems (religious customary or state law). By contrast, if her husband unable to fulfill her obligations as a husband his wife can divorce him in only one way by making an application to Islamic Court to do divorce. In marriage available successful couple builds the family that sakinah, mawaddah and warahmah. But then available also that unsuccessful and end with separate or divorce. Separate constitutes a thing that often happens deep good human life divorce the initiating from the husband and also divorce the initiating from the wife, that its cause islamic law puts attention that adequately significant to that thing. It can appear if understand about islamic law, undoubtedly will find both of previous thing and its terminological  islamic law. There is no divorce without started by marriage. But upon that aim not attained, therefore divorce constitutes last way out that must been sailed through. Divorce can't be done but there is grounds which corrected by religion, adat and state law. In islamic law, that divorce grounds experience developing according to social development. Basically islamic law establishes that divorce reason which is wrangle which really culminates and jeopardize the so called soul safety with “ syiqaq ”. Intention is if worried a couple its happening dispute (dispute not only means wrangle among husband or wife can also distinctive principle and opinion) therefore delegate a someone of its husband family and a someone of wife family. And if both of wife and husband will goodness and they can make resolution and look for the solution, but if there are suitable solution wife or husband can do divorce.

scholarly journals 'MAQASID AL-SHARIAH' IN ISLAMIC BANKS BEFORE VALUE-BASED INTERMEDIATION IMPLEMENTATION

2021 ◽  
Vol 18 (2) ◽  
pp. 173-189
Author(s):  
Sharifah Faigah Syed Alwi ◽  
◽  
Fateha Abd Halim ◽  
Tengku Dewi Ahdiyaty Tengku Ahmad Mazlin ◽  
Aizurra Haidah Abdul Kadir ◽  
...  
Keyword(s):  
Qualitative Methodology ◽  
Islamic Law ◽  
Human Life ◽  
Islamic Banking ◽  
Islamic Banks ◽  
Structured Interviews ◽  
The Public ◽  
Library Research ◽  
Banking Institutions ◽  
Banking Operations

Bank Negara Malaysia (BNM) had introduced Value-Based Intermediation (VBI) initiatives to help Islamic banks implement a structuralised form of maqasid al-shariah (objectives of shariah (Islamic law)) in their banking operations. Thus, questions were raised by the public on whether or not Islamic banking institutions in Malaysia had been achieving maqasid al-shariah in their banking operations prior to VBI. This paper aims to discuss the real concept of maqasid al-shariah that should be realised in Islamic banks and investigate whether Islamic banks had truly been achieving maqasid al-shariah in their banking operations before the introduction of VBI. Library research is conducted to obtain information on maqasid al-shariah and the qualitative methodology is adopted to gain information from three bankers representing three Islamic banks in Malaysia via semi-structured interviews. The researchers found that the fundamental concept of maqasid al-shariah in Islamic banks includes the protection of religion, life, intellect, progeny and wealth in human life through the products and services offered by the banks. The Islamic banks were found to have developed their products and services to achieve maqasid al-shariah even before VBI was introduced by BNM. However, with VBI, a proper framework in achieving maqasid al-shariah has been developed.

Zac Bercy Front du Parc: un lungo ed efficace processo di riqualificazione urbana

TERRITORIO ◽  
2009 ◽  
pp. 130-138
Author(s):  
Viviana di Martino
Keyword(s):  
Public Sector ◽  
Urban Planning ◽  
Urban Transformation ◽  
Strategic Decisions ◽  
The Public ◽  
Entire Process ◽  
Municipal Administration ◽  
History Of ◽  
The One

- An important urban transformation was achieved in Paris with the redevelopment of the Bercy quarter. It was characterised by farsightedness and an ability to monitor and manage on the part of the public sector operators who guided the entire operation. While on the one hand the Bercy case presents a series of ‘extraordinary' elements deriving from the particular history of the site, the continuity with which the municipal administration moved forward with its strategic decisions, its capacity to frame those strategies in a broader and more complex context and the ways in which the entire process was implemented certainly constitute important factors on which to reflect in the framework of a more general discussion on the effectiveness and potentials of large urban projects. This paper looks at the main stages of the transformation starting with the framing of the operation within the provisions of the main urban planning instruments and it seeks to highlight the most significant aspects of the intervention with a particular focus on the outcomes of the project implemented.

Islam, Islamic Law and Constitution Making: International and Domestic Engagement in the Constitution-Making Process in Afghanistan

MAZAHIB ◽  
2020 ◽  
Vol 19 (1) ◽  
Author(s):  
Ahmad Rofii
Keyword(s):  
Public Participation ◽  
Islamic Law ◽  
International Community ◽  
The Other ◽  
The Public ◽  
The Future ◽  
The One ◽  
Constitution Making

The making of the 2004 Constitution was a significant moment amidst the continuing conflicts in Afghanistan. It was an attempt to transform differences and conflicts into a shared agenda for the future of the country. The process of constitution-making in Afghanistan was marked by intense negotiations between the international community and actors, on the one hand, and domestic actors, on the other. The outcome would be called a “win-win solution”. This essay focuses on the making of the Islam-related clauses: How was the public participation? How has the negotiation been undertaken? What was the result and why? This essay is an attempt to answer those questions. It will argue that the process of constitution-making in Afghanistan particularly with regard to the Islam clauses is the acts of negotiations between different competing actors. The Constitution is the product of negotiations not only between international and domestic actors, but also between domestic actors. As evident in the making of the Islam clauses, these negotiations might be characterized as between puritan Islamist and more moderate Muslim actors.Pembuatan Konstitusi Afghanistan tahun 2004 adalah momen penting di tengah konflik yang terus berkecamuk. Ia merupakan upaya untuk mentranformasi perbedaan dan konflik menjadi agenda bersama bagi masa depan negeri ini. Proses pembuatan konstitusi Afghanistan ditandai oleh negosiasi yang intens antara masyarakat dan aktor-aktor international di satu sisi, dan aktor-aktor domestik di sisi lain. Hasilnya dapat disebut ‘win-win solution’. Tulisan ini fokus pada pembuatan klausul-klausul Islam: Bagaimana partisipasi publiknya? Bagaimana negosiasi dilakukan? Apa hasil dan mengapa? Tulisan ini adalah upaya untuk menjawab pertanyaan-pertanyaan tersebut. Ia akan beragumen bahwa proses pembuatan Konstitusi di Afghanistan khususnya terkait dengan klausul-klausul Islam merupakan tindakan negosiasi antara aktor-aktor yang berbeda. Konstitusi Afghanistan tidak saja merupakan produk negosiasi antara aktor-aktor internasional dan domestik, tetapi juga di antara aktor-aktor domestik itu sendiri. Sebagaimana terbukti dari pembuatan klausul-klausul Islam, negosiasi-negosiasi tersebut dapat dikarakteristikan sebagai negosiasi antara aktor puritan Islamis and aktor yang lebih moderat.

their own natural seats laid to the view, that we seem by many readers today as humanly constructed, its not to hear of them, but clearly to see through them’ reconstruction in the poem is where we meet. (Defence of Poetry 86). In other words, we do not In his Discourse on Civil Life (1606), Lodowick see beyond, or outside, the virtues to something else Bryskett writes that Spenser is known to be very but rather through them as lenses. Only by so seeing well read in philosophy, both moral and natural, and through them may we share Spenser’s vision of that he intends to appeal to him to learn what moral human life from his moral perspective. It follows that philosophy is, ‘what be the parts thereof, whereby finally nothing outside the poem is needed to under-vertues are to be distinguished from vices’ (21). stand it, except (for us) the shared primary culture of Spenser rightly terms his poem ‘this present treatise’ its first audience. (I adapt the term ‘primary culture’ (in the current sense of the term) for his task is ‘True from the account by N. Frye 1990b:22–23 of ‘pri-vertue to aduance’ (V iii 3.8–9). One chief problem mary mythology’ or ‘primary concerns’ in contrast to is to separate virtue from vice, for what used to be ‘secondary concerns’, such as ideology.) called virtue ‘Is now cald vice; and that which vice To gain ‘an exact knowledge of the virtues’ was hight, | Is now hight vertue, and so vs’d of all’ (V needed to write The Faerie Queene, Spenser calls proem 4.2–3). Raleigh makes the same point in the upon the muses to reveal to him ‘the sacred noursery History of the World 1614:2.6.7: ‘some vertues | Of vertue’ (VI proem 3.1–2). Since he goes on to and some vices are so nicely distinguished, and so claim that the nursery was first planted on earth by resembling each other, as they are often confounded, the Gods ‘being deriu’d at furst | From heauenly and the one taken for the other’; and he praises The seedes of bounty soueraine’, for him the virtues exist Faerie Queene because Spenser has ‘formed right true transcendentally. As this nursery provides what vertues face herein’ (CV 2.3). The problem is noted Sidney calls ‘that idea or fore-conceit’ by which the in the opening cantos of the poem: in the argument poet’s skill is to be judged rather than by the poem to canto i, the Red Cross Knight is called ‘The itself, his effort as a poet is to plant its garden of Patrone of true Holinesse’, but he is so named only virtue in the minds of his readers so that they may after Archimago assumes his disguise. Then readers share his state of being ‘rauisht with rare thoughts are told – in fact, they are admonished – that ‘Saint delight’. Since ‘vertues seat is deepe within the mynd’, George himselfe ye would haue deemed him to be’ (ii however, he does not so much plant the virtues in 11.9), as even Una does. them as nurture what is already there. Today Spenser’s purpose may seem ideologically To spell out this point using the familiar Platonic innocuous but in his day those who called virtue vice, doctrine of anamnesis: while Spenser needed an exact and vice virtue, may well have regarded the poem knowledge of the virtues in order to write his poem, as subversive. But who were they? Most likely, the his readers need only to be reminded of what they pillars of society, such as Burghley (see IV proem already know (even today) but have largely forgotten 1.1–2n), theologians, such as John King who, in (especially today). What he finds deep within the 1597, complained that ‘instead of the writings of minds of his readers may be identified with the Moses and the prophets . . . now we have Arcadia, primary culture upon which his poem draws. It led and the Faëry Queene’ (cited Garrett 1996:139), him to use allegory, which, as Tuve cited by Roche and those religiously-minded for whom holiness 1964:30 explains, ‘is a method of reading in which meant professing correct doctrine; temperance we are made to think about things we already know’; meant life in a moral strait-jacket; chastity meant the and to use proverbs extensively, as Cincotta 1983 rejection of sexual love; friendship meant patriarchal explains, as a means to give authority to his poem. family ties; justice meant the justification of present Being primary, this culture is basic: simply expressed, authority; and courtesy meant the conduct of it is what we all know as human beings regardless of Elizabeth’s courtiers – in sum, those for whom virtue gender, race, religion, and class. It is what we just meant remaining subject to external law rather living know and have always known to be fair, right, and in the freedom of the gospel. just, both in our awareness of who we are and also Although generally Spenser overtly endorses the our relation to society and to some higher reality claims of noble blood, his poem values individual outside ourselves, both what it is and what it ought worth over social rank by ranking middle-class nur-

2014 ◽  
pp. 29-29
Keyword(s):  
Primary Culture ◽  
Human Life ◽  
Social Rank ◽  
Faerie Queene ◽  
Red Cross ◽  
Human Beings ◽  
Family Ties ◽  
Moral Perspective ◽  
History Of ◽  
The One

scholarly journals Diabetes, driving and fasting during Ramadan: the interplay between secular and religious law

2018 ◽  
Vol 6 (1) ◽  
pp. e000520 ◽  
Author(s):  
Nazim Ghouri ◽  
Sufyan Hussain ◽  
Ruzwan Mohammed ◽  
Salem Arifi Beshyah ◽  
Tahseen A Chowdhury ◽  
...  
Keyword(s):  
Healthcare Professionals ◽  
Islamic Law ◽  
Muslim Population ◽  
The Public ◽  
Legal Implications ◽  
Religious Law ◽  
Legal Position ◽  
Challenging Situation ◽  
Control And Management ◽  
Religious Aspects

A large proportion of the Muslim population fasts during Ramadan. The risk of hypoglycemia is increased with fasting during Ramadan in people with diabetes who are on insulin and insulin secretagogues. Therefore, the combination of fasting with diabetes and driving presents a challenging situation, with legal implications for such individuals and their healthcare professionals. This novel, narrative, non-systematic review discusses the importance of addressing hypoglycemia in fasting with reference to secular legal guidance on driving with diabetes. We discuss religious aspects relating to fasting and driving in Islam. While there is no clear guidance or legal position on diabetes and driving for individuals who are fasting, Islamic law provides a logical framework to address this. Healthcare professionals need to raise and facilitate discussions on this often-overlooked topic with people with diabetes who are planning on fasting to minimize the potential for public harm. For some individuals fasting perhaps should be avoided when driving and that this religiously compatible position would best be adopted when one is dependent on driving for livelihood. Ultimately further research on glycemic control and management when fasting and driving, as well as a formal legal guidance on this topic, is required to safeguard healthcare professionals and the public from the potential dangers of driving with diabetes and fasting.

The bequest ofIlegalja: contested memories and moralities in contemporary Kosovo

2013 ◽  
Vol 41 (6) ◽  
pp. 953-970 ◽  
Author(s):  
Stephanie Schwandner-Sievers
Keyword(s):  
Local System ◽  
The Other ◽  
Ethnographic Research ◽  
Politics Of Memory ◽  
The Public ◽  
Political Status ◽  
History Of ◽  
Self Organisation ◽  
The One

In this essay I explore the ways in which the internal Albanian politics of memory in Kosovo rely on a longer, lived history of militant self-organisation than the Kosovo Liberation Army (KLA) war period alone. On the basis of recent ethnographic research, I argue that the memory of prewar militant activism is symbolically codified, ritually formalized, and put on the public stage in Kosovo today. Not only has this process effectively rehabilitated and consolidated the personal, social, and political status of specific former activists, it also has produced a hegemonic morality against which the actions of those in power are judged internally. On the one hand, this process reproduces shared cultural references which idealise ethnonational solidarity, unity and pride and which have served militant mobilisation already before the 1990s. On the other, it provides the arguments through which rival representatives of the former militant underground groups (known asIlegalja)compete both socially and politically still today. Although this process demarcates some lines of social and political friction within society, it also suggests that international efforts to introduce an identity which breaks with Kosovo's past and some of its associated values, face a local system of signification that is historically even deeper entrenched than is usually assumed.

scholarly journals Food justice and Christian ethics

2012 ◽  
Vol 33 (2) ◽  
Author(s):  
Heinrich Bedford-Strohm
Keyword(s):  
Economic Model ◽  
Food Justice ◽  
The Public ◽  
Active Involvement ◽  
Economic Ethic ◽  
Political Problem ◽  
Preferential Option ◽  
History Of ◽  
The One ◽  
Ecologically Sustainable

The article dealt with the moral and political problem of international food justice in which the deep contradiction between the present situation of malnourishment and starvation in large parts of the global population on the one hand and the biblical notion of the preferential option for the poor on the other hand was described. This ecumenically widely accepted notion was clarified in several aspects. How deeply this is rooted in the history of Christian social thought was shown by Martin Luther�s writings on the economy which have remained relatively unknown in the churches and in the scholarly world. The article then presented three models of Christian economic ethic: the technical economic model, the utopian economic model and the public theological economic model. On the basis of the public theological model seven challenges for international food justice were presented. The basis for these challenges is an understanding of globalisation which guarantees just participation for everyone and deals with nature in an ecologically sustainable way. The interests of small farmers are the basis for judging the activities of big agro-corporations. Public theology is the background for an active involvement of the churches as agents of a global civil society to promote international food justice.

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