scholarly journals Islamic View of Women Leadership as Head of the State: A Critical Analysis

2012 ◽  
pp. 195-205
Author(s):  
Mohammad Elius
Keyword(s):  
Industrial Revolution ◽  
The State ◽  
Legal Rights ◽  
Islamic State ◽  
Crucial Point ◽  
Economic Rights ◽  
The Arts ◽  
The Holy Quran ◽  
The Subject ◽  
Islamic View

Since the beginning of the industrial revolution in the West, women have been given certain social, political and economic rights after decades of struggle which Islam had confirmed unequivocally fourteen hundred years ago. Islam has clarified the legal rights and obligations of both men and women in such a balanced way that women cannot complain about their weakness or inferiority and men cannot claim their superiority over women. But this position of women has been the subject to repeated controversy because of the misinterpretations of issues regarding women in our society. This paper deals with a very crucial point, women as head of the state in a Muslim/Islamic state in the light of the Holy Quran and the traditions of Prophet Muhammad (Peace be upon him). An attempt has been made to find out the real position of women vis-à-vis the concept of leadership in Islam as objectively as possible to reach a balanced view. Before initiating the discussion on the main topic, that is, the leadership by women, we will give a brief description of women’s position in society and their participation in public life. DOI: http://dx.doi.org/10.3329/afj.v4i0.12941 The Arts Faculty Journal Vol.4 July 2010-June 2011 pp.195-205

Marvell’s Dread of the Sword

2020 ◽  
pp. 139-179
Author(s):  
Feisal G. Mohamed
Keyword(s):  
The State ◽  
Political Order ◽  
State Of Exception ◽  
Legal Rights ◽  
Constitutional Order ◽  
The Subject ◽  
Late Stages

For Marvell sovereignty names the brutal core of political order, where a single ruler, or body of rulers, decides on the state of exception. This recognition is visible in the early, middle, and late stages of his career, from The Picture of Little T.C. and the Villiers elegy, to the Protectorate poems, to the Advice to a Painter poems and An Account of the Growth of Popery. The last of these is illumined by consideration of the case of Shirley v. Fagg (1675); for all that Marvell aligned himself with Shaftesbury, they take different views of the case reflecting their different views of constitutional order. In his mature thought especially, we see Marvell’s impulse to advance the legal rights of the subject and so limit the damage that can be done by the sovereign wielding the power of the sword. This impulse is brought into conversation with Schmitt’s thought on the nature of the pluralist state, which he offers through a critique of Harold Laksi.

KEBIJAKAN PENGAMPUNAN PAJAK DI INDONESIA: STUDI ANALISIS MASLAHAH MURSALAH

JURISDICTIE ◽  
2018 ◽  
Vol 8 (2) ◽  
pp. 193
Author(s):  
Heru Purwono
Keyword(s):  
Islamic Law ◽  
The State ◽  
Tax Law ◽  
Tax Administration ◽  
Research Approach ◽  
Islamic State ◽  
Legal Basis ◽  
Tax System ◽  
Tax Amnesty ◽  
Islamic View

The State of Indonesia is a State of Law, so in the case of the policy being made it must be based on the law. Fulfillment of the State’s treasury not using the concept of Islamic State such as zakat, but using taxes, whose legal basis is not derived from the Quran or Sunnah but based on the ijtihad scholars related tax law is based on the Qur’an and Sunnah. This journal study aims to find out how the policy of tax amnesty in indeneia is contrary to the constitution or not, and this writing will also describe how the Islamic view of tax forgiveness. This type of research is normative juridical and research approach is approach concept and approach of law. The results of this study indicate that tax forgiveness in Indonesia is not only for tax runners, but also for tax officials who are negligent in carrying out duties in taxes, tax amnesty is very useful to improve the tax system in Indonesia, tax administration and when viewed from the concept of Mashlahah (Islamic law), the forgiveness of taxes including Mashlahah Dharuriyah which can be useful for Hifzh al-Nafs (keeping soul), and Hifzh al-Mal (guarding the treasures) of all Indonesian people.<br />Negara Indonesia adalah Negara Hukum, maka dalam hal kebijakan yang dibuat harus berdasar pada hukum. Pemenuhan uang kas Negara bukan menggunakan konsep Negara Islam seperti zakat, tetapi menggunakan pajak, yang dasar hukumnya bukan berasal dari Quran atau Sunnah akan tetapi berdasarkan ijtihad para ulama terkait hukum pajak tersebut yang didasarkan pada Qur’an dan Sunnah. Penelitian jurnal ini bertujuan untuk mengetahui bagaimana kebijakan pengampunan pajak di indonesia apakah bertentangan dengan konstitusi atau tidak, dan penulisan ini juga akan mengurai bagaimana pandangan Islam terhadap pengampunan pajak. Jenis penelitian ini adalah yuridis normatif dan pendekatan penelitiannya adalah pendekatan konsep (satute approach) dan pendekatan undang-undang (statute approach). Hasil dari penelitian ini menunjukkan bahwa pengampunan pajak di Indonesia bukan hanya untuk para pelari pajak saja, akan tetapi juga untuk petugas pajak yang lalai dalam menjalankan tugas dalam menarik pajak, amnesty pajak sangat bermanfaat untuk memperbaiki system perpajakan di Indonesia, administrasi perpajakan dan jika dilihat dari konsep Mashlahah (hukum Islam), pengampunan pajak termasuk Mashlahah Dharuriyah yang dapat berguna untuk Hifzh al-Nafs (menjaga jiwa), dan Hifzh al-Mal (menjaga harta) seluruh rakyat Indonesia.

scholarly journals Theoretical aspects of the civil society phenomenon

2020 ◽  
Vol 7 (12) ◽  
pp. 104-112
Author(s):  
А. Л. Тимчук ◽  
Н. В. Полторацька
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Social Order ◽  
The State ◽  
International Standards ◽  
Legal Rights ◽  
Social Production ◽  
Economic Rights ◽  
Social Opportunities ◽  
Basic Features

The article analyzes idealistic views on the phenomenon of "civil society". The authors emphasize that civil society is a society of justice and civil consensus, where each citizen is guaranteed civil, political and socio-economic rights and explores the basic features (features) of civil society. First, it is a society of justice. The next major feature is civic consent, that is, the establishment of a new social order through dialogue and spiritual and political consensus.According to the authors, human rights are guaranteed in every democratically organized society, and the state claiming to be legal has no right, but is obliged in its legislation to foresee and actually guarantee by legal and other means those rights which are due to the state recognitions acquire the character of subjective legal rights. As a result of the adoption of international standards by states, the very concept of a person and in domestic law becomes legal and designates citizens of that state, as well as foreigners and stateless persons who reside in its territory. And human rights are those rights that belong to every person regardless of their nationality.The authors conclude that no sharp and insurmountable boundary can be drawn between human rights and citizens' rights. Human rights are a social category. They are formed objectively as a result of the development and improvement of social production and the system of public administration of society in the form of social opportunities to enjoy various economic, political and spiritual benefits, and exist before their state recognition. And citizens' rights are those human rights that are under the protection and protection of the state.

scholarly journals Declarations and the Indonesian Constitution on Religious Freedom

2011 ◽  
Vol 49 (2) ◽  
pp. 361-392
Author(s):  
Alexius Andang L. Binawan
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
The State ◽  
New Order ◽  
Controversial Issues ◽  
Islamic State ◽  
Political Rights ◽  
Civil And Political Rights ◽  
Final Agreement ◽  
Islamic View

One of controversial issues in Indonesia regarding human rights is concerning religious freedom. There were two contradict opinions on the issue, i.e. those who preferred Indonesia as an Islamic state, with a consequence that there is only very limited religious freedom and those who preferred secular state with a wider religious freedom. Though finally Indonesia adopted Pancasila (five pillars) as the state ideology, as a mid-way between the two, final agreement on the problem is from being finalised as debates are still carried out. This paper is aimed at analysing how and where the ‘pendulum’ is swinging between two contrasting views since Indonesia has signed both the International Covenant on Civil and Political Rights and also the Cairo Declaration of Human Rights. I argue that during the New Order Indonesia, the pendulum on religious freedom swung closer to Islamic view.[Salah satu isu terkait Hak Asasi Manusia di Indonesia adalah mengenai kebebasan agama. Setidaknya ada dua cara pandang yang saling bertentangan, yaitu (1) yang menghendaki bentuk negara Islam, konsekuensinya adalah kebebasan agama sangatlah terbatas, dan (2) yang menginginkan negara sekuler yang mengindikasikan kebebasan agama lebih luas. Indonesia mengadopsi Pancasila sebagai ideologi negara dan sebagai jalan tengah antara kubu negara Islam dan sekuler, namun perdebatan mengenai bentuk negara tersebut terus saja bergulir. Artikel ini menganalisis bagaimana dan ke mana ‘pendulum’ bergerak di antara dua pandangan yang saling bertentangan di atas. Semasa Orde Baru, pendulum tersebut condong ke kubu Islam.]

scholarly journals XVIII. Observations on the permanency of the variation of the compass at Jamaica. In a letter from Mr. James Robertson to the Right Hon, Sir Joseph Banks, K. B. P. R. S. &c

1806 ◽  
Vol 96 ◽  
pp. 348-356
Keyword(s):  
The State ◽  
Arts And Sciences ◽  
Law Of Nature ◽  
The Arts ◽  
The Subject ◽  
The Right ◽  
Different Parts

Sir, As any improvement, or discovery in the arts and sciences, will, I am persuaded, experience your favourable reception, I have the honour of submitting to your consideration a dis­covery I have made on a subject, the state of which can only be ascertained by observations made from time to time, as it is not regulated by any known law of nature: I mean the variation of the magnetical needle. This discovery may not only excite others to make, and repeat, observations in different parts of the globe, but, by causing this changeable quality to be better understood, may contribute to the benefit of navigation, and commerce, as well as to the advancement of a more particular knowledge of the subject.

scholarly journals Iranian Women’s Veiling as a Gender Performance: Since Premodern Era to the Current Age

2021 ◽  
Vol 5 (1) ◽  
pp. 110-120
Author(s):  
L. Khadem Makhsuos Hosseini
Keyword(s):  
Western Culture ◽  
Gender Performance ◽  
The State ◽  
Islamic State ◽  
Iranian Women ◽  
Global Media ◽  
Dominant Discourse ◽  
Dialectical Relationship ◽  
The Subject ◽  
The Way

Iranian women’s veiling, as one of the major concerns of both women and the state, has been the subject of various studies. The present study in its broad range of investigation covers discussion of Iranian women’s hijab since pre-modern Iran to the current age. Meanwhile, it is more than a new historicist reflection on the way discourses construct norms. Here, within the framework of Butler’s performative theory, veiling is approached as a gender performance, which constructs and represents the identity of the wearer. The question is how Iranian women’s veiling as a gender performance is associated with competing discourses, and how recitations of veiling give them agency. It is hypothesized that women are not simply imposed the norm of veiling by the dominant discourses; rather, as active agents they can change the norms as they perform deviated recitation of norm of veiling. Veiling as a signifier has given different significations in each era, ranging from modesty, backwardness, nationalism, revolutionary, to displaying protest. We address the meanings that different dressing styles represent in three eras of pre-constitutional, post-constitutional, and postrevolutionary in Iran. Homogenized imposed veiling by Islamic authorities in pre-modern Iran, withdrew with secularization of state, was invoked as sign of revolution against the state, re-imposed by the state and ultimately fashioned by women. Thus, veiling in Iran is burdened with more cultural and even political meaning. In each discourse, the performance of veiling style defines women’s subjectivity as normal or abject. Women to be identified as viable subject perform the norms of religious or secularized modern discourse. The two produced binary polar, representing two kinds of subjectivities produced a gap between veiled, unveiled women or properly veiled and misveiled women. The imposed, removed and re-imposed hijab has not been the terminal decision of discourses. It is confirmed that today, Iranian women, supplied with education and global media can reflexively consider and fashion their identity. Nowadays, Iranian women’s fashion hijab is a deviated recitation of the idealized norm to resist the imposed norm. Fashion hijab as a deviated recitation of originally intended hijab by Islamic state is a threat to the Islamic discourse. Therefore, it is regarded as soft war imposed by Western culture on Iran. It is concluded that there has been a dialectical relationship between veiling performance of subjects as agents and viability of the dominant discourse.

scholarly journals Western and Muslim Perceptions of Universal Human Rights

Afrika Focus ◽  
1994 ◽  
Vol 10 (1-2) ◽  
Author(s):  
Ahmed Isthiaq
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Key Words ◽  
Third World ◽  
The State ◽  
Religious Community ◽  
Islamic State ◽  
Universal Human Rights ◽  
Islamic View ◽  
Practical Implications

In this paper, first the evolution of the Western human rights standpoint and its theoretical underpinnings are traced. Next, the current internationally-approved instruments of human rights are critiqued in terms of their relevance to the needs of individuals and groups in Third World societies. Thirdly, a review of the Islamic view of human rights is attempted. Finally, the human rights situation and Muslim responses to it is examined in the contexts of Africa, Asia and Europe. Studying the human rights situation in regions where Muslims are in a majority and dominate the state, as in some African and Asian societies, and in areas where they are a minority, as in Europe, helps us arrive at a better understanding of the practical implications of the human rights package, approved by the United Nations and other related agencies, for a religious community which faces theological and philosophical difficulties in coming to terms with it. KEY WORDS: Africa, Asia, colonialism, democracy, Europe, Islamic state, non-Muslims, secularism, Sharia, women 

To the analysis of the International social science discussions on the development trends of the modern state (materials for lectures and seminars)

2020 ◽  
pp. 90-100
Author(s):  
V.E. Dementiev
Keyword(s):  
Information Technologies ◽  
Industrial Revolution ◽  
The State ◽  
Social Scientists ◽  
University Teachers ◽  
Fourth Industrial Revolution ◽  
Wide Range ◽  
Late Twentieth ◽  
The Subject ◽  
International Social

The article, which is addressed to a wide range of readers, but first of all to University teachers, graduate students and students, outlines a wide range of views on the institution of the state of social scientists of different times and peoples: from ancient thinkers to modern authorities. Discussion of the latest trends in the development of this Institute in the late twentieth and first decades of the XXI century is the subject of the author’s research. The article analyzes the futurist ideas about the state related to forecasts of the progress of information technologies, as well as ideas about the dynamics of relations between state power and society. Special sections of the article are devoted to: the evolutionary concept of the state; the challenges that States face in the context of the next technological (fourth industrial) revolution; the discourse on the discrepancy between formal and real citizenship as the reverse side of the extraterritoriality of the state.

scholarly journals Constitutional Economics under an Official Thought to be Divinely Guided: Implication on Islamic Republic of Iran

2020 ◽  
Vol 10 (101) ◽  
pp. 273-287
Author(s):  
Muhammad Asim ◽  
Muhammad Akram Zaheer ◽  
Yasmin Roofi
Keyword(s):  
The State ◽  
Constitutional Economics ◽  
Economic Activities ◽  
Economic Rights ◽  
City District ◽  
Islamic Republic Of Iran ◽  
The Subject ◽  
Supreme Leader ◽  
Economic Infrastructure ◽  
The Town

Constitutional economics is an interdisciplinary subject of constitutionalism and economics where political government tries to constitutionalize the economic activities within the state. Although, every political government tries to deal with all the economic aspects during constitutional engineering but, in theocratic states, the supreme religious institution performs the respective task because of having an official thought to be divinely guided. This study comprehensively describes the concept of Vilayat-e-Faqih (introduced by the Imam Khomeni) in Iran, by which, the entire political system including the economic and financial affairs of Iran has become the subjects of Supreme Leader and his Guardian Council. Similarly, articles 20, 21, 26, 27, 28, 29 and 31 of the Iranian constitution emphasize upon economic rights of the nation in general. On the other hand, articles 43, 44, 45, 46, 47 and 48 of the constitution define Iranian economic infrastructure, which is comprised of state, corporate and private sectors.At the same time, articles from 100 to 106 of the constitution focus on the power and authorities of“the councils” at the town, city, district and provincial levels. Moreover,this study also provides constitutional economic analysis of article 05, articles 107 to 112, article 150,and article 176 that exhibits hegemony of Supreme Leader (in consultation with Guardian Council and Revolutionary Guards)regarding looking after, controlling and directing all the economic activities within the state. Furthermore, the study also investigates how and why each constitutional provision is the subject of the post of Supreme Leader (also called Vilayat-e-Faqīh; considered to be divinely guided).

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