scholarly journals MAQASHID AL-SYARIAH SEBAGAI KONSEP DASAR DALAM TEORI PEMBENTUKAN HUKUM ISLAM DI INDONESIA

2018 ◽  
Vol 2 (2) ◽  
pp. 269
Author(s):  
Alvan Fathony

The majority of fuqoha 'has defined fiqh as a result of understanding, tashawwur and critical reasoning (al-idrak) of a mujtahid. But on the other hand, fiqh as a result of ijtihad teryata is often described as divine law (sharia). As Ijma '(consensus), there are many differences in defining it, but until now there are still many fuqoha' who regard ijma 'as qath'i propositions which are level with texts and are sariari-made propositions' and even claim that those who oppose ijma 'including infidels. Humans often traditionalize actions that are considered good and are their daily needs, so that Islam also still recognizes and contributes to maintaining the tradition (‘Urf) into a method of observation, not only maintaining it but because it pays more attention to the benefit of the people. Because Islam comes in the context of regulating the social order that is oriented towards achieving benefit and avoiding loss (madlarat), moreover the texts of the Shari'a itself do not provide a detailed solution to the diversity of problems of each community. Traditionally the implications of Urf are very limited to only space and time, while legal decisions continue to apply even in different situations and conditions. So the view of jurisprudence towards the world (jurist's worldview) is intended as the development of the Urf concept in order to achieve the universality of maqashid al-sharia.

2020 ◽  
Vol 11 (SPL1) ◽  
pp. 171-174
Author(s):  
Tarare Toshida ◽  
Chaple Jagruti

The covid-19 resulted in broad range of spread throughout the world in which India has also became a prey of it and in this situation the means of media is extensively inϑluencing the mentality of the people. Media always played a role of loop between society and sources of information. In this epidemic also media is playing a vital role in shaping the reaction in ϑirst place for both good and ill by providing important facts regarding symptoms of Corona virus, preventive measures against the virus and also how to deal with any suspect of disease to overcome covid-19. On the other hand, there are endless people who spread endless rumours overs social media and are adversely affecting life of people but we always count on media because they provide us with valuable answers to our questions, facts and everything in need. Media always remains on top of the line when it comes to stop the out spread of rumours which are surely dangerous kind of information for society. So on our side we should react fairly and maturely to handle the situation to keep it in the favour of humanity and help government not only to ϑight this pandemic but also the info emic.


1885 ◽  
Vol 2 (2) ◽  
pp. 173-196 ◽  
Author(s):  
J. Foster Palmer

In the following paper the term ‘Ancient Briton’ is applied to the whole of the mixed races which inhabited this island prior to the Teutonic irruption. They consisted of the two Celtic families (the Gaels and the Brythons, or Cymri), and the pre-Celtic races. On the divisions of the latter anthropology has not yet decidedly pronounced, though it seems probable that they were not homogeneous. In any case the principal pre-Celtic type at present discovered, which may generically be termed Iberian, and which appears to correspond with that of the original neolithic inhabitants, was dark, small, and short, the average stature being only sixty-three inches. The pure Celt, on the other hand, was extremely tall, the average stature being sixty-nine inches, and that of the Saxon sixty-seven. This agrees with the statements of Polybius, Strabo, and Ammianus Marcellinus as to the height of the Celt, and at the same time accounts for the Britons being spoken of as short and thick-set. For in this country the Celt was found mixed to a large extent with the short pre-Celtic race or races. The people, therefore, that the Saxons had to contend with were, on an average, of shorter stature than themselves. They varied, no doubt, in different parts of the country, but probably the purest Iberian blood, and consequently the shortest stature, would be at the bottom of the social scale. If any pure Celtic blood remained in the country it would be chiefly in the east; and it is to the permanence of this, rather than to the superior stature of the Angles over the rest of the invaders, that I attribute the height of the present inhabitants of the Anglian districts. The prevailing physiognomy of East Anglia also supports this view; the tall stature, brown hair, grey eye, and arched nose of the pure Celt is not uncommon there.


2017 ◽  
Vol 2 (2) ◽  
pp. 111-120
Author(s):  
Indah Sri Utari

The community of inmates children as a unique and unique social system is difficult to understand when viewed only from the outside, so it is necessary to systematically attempt to know the values, norms, relationships, and objectives-through where and with what they are living, and understand both their own experiences and the world in which they liveThe situational system of the inmates children as human beings (although in this case is the child) to be fostered, is one of the important elements in the whole process of assistance in the Penitentiary is no exception to the Children Penitentiary in Kutoarjo. The entire penitentiary system design, from the assistance program, the assistance mechanism, and the assistance implementation, is actually determined by the circumstances and the reality of the people who are to be fostered, the inmates.The reality of the children inmates who are always on the "social order" in their various communities is essentially constantly changing. Specifically, this study finds links between: the institutional reality of a children penitentiary, which includes the factual circumstances concerning facilities and infrastructure, and the administrative aspects of KutoarjoChildren Penitentiary. The reality of the member of KutoarjoChildren Penitentiaryin the form of identified number of occupants, placement systems, and formal and informal groupings of the targeted children in addition to the build and formed a community of the assisted children in KutoarjoChildren Penitentiary and the basic elements of the Social System of the Auxiliaries in all the community of assisted children and etc.As Soerjono Sukanto said that even though human "convicts" live in a confined state, they instinctively want to interact with fellow inmates. This instinct is referred to as "gregariousness" (Soekanto: 1998: 73), which in the last instance will give birth to so-called "social groups". In this context created social structure, social system, norms and so on.


Author(s):  
Sapirin Sapirin

The plurality of Indonesian society can be seen from various sides in terms of race, ethnicity, culture, religion, socioeconomic groups and even in terms of political orientation. The diversity that is owned by the people of Indonesia is a distinct characteristic that is a priceless wealth. On the other hand, although diversity is a very prestigious thing, on the other hand it can be a potential that drives conflict and division. The concept of multicultural education has a significant problem that is concerned with religious understanding. If this is the emphasis, then in the teaching of Islam the teachings are those that deal with universal values as possessed by all religions. While it is understood for certain that in Islamic religious education taught is monotheism, jurisprudence, and morality karimah. Thus it can be understood that in Islamic religious education is very strongly based in fostering civilized humans. If we pay attention, multiculturalism education does not have a strong foundation in conceptualizing its educational goals. Compared to Islamic education the foundation is clearly based on the Koran, Sunnah and Ijtihad on the ulama. So it is clear that the goal of Islamic education is the formation of attitudes, of course at the social level it is part of multiculturalism education. The attitude here is praiseworthy behavior which is a reflection of Islamic education itself.


2021 ◽  
Author(s):  
Abimbola A. Adelakun

For decades, Pentecostalism has been one of the most powerful socio-cultural and socio-political movements in Africa. The Pentecostal modes of constructing the world by using their performative agencies to embed their rites in social processes have imbued them with immense cultural power to contour the character of their societies. Performing Power in Nigeria explores how Nigerian Pentecostals mark their self-distinction as a people of power within a social milieu that affirmed and contested their desires for being. Their faith, and the various performances that inform it, imbue the social matrix with saliences that also facilitate their identity of power. Using extensive archival material, interviews and fieldwork, Abimbola A. Adelakun questions the histories, desires, knowledge, tools, and innate divergences of this form of identity, and its interactions with the other ideological elements that make up the society. Analysing the important developments in contemporary Nigerian Pentecostalism, she demonstrates how the social environment is being transformed by the Pentecostal performance of their identity as the people of power.


2021 ◽  
Vol 43 (4) ◽  
pp. 125-136
Author(s):  
Katarzyna Liżyńska ◽  
Anna Płońska

The authoritarian ideology that guided the authorities of the communist Polish state did not remain indifferent to the emerging model of jurisprudence in petty offence cases. Eliminating the possibility of court proceedings, the location of adjudicating boards in petty offence cases at national councils, the introduction of collegial jurisprudence exercised by the social factor, giving the jurisprudence an educational character, and abandoning it in favour of severe penalties implemented for hooligan petty offences — these are just some of the features that distinguish the jurisprudence model in petty offence cases in the People’s Republic of Poland. The pursuit of the authorities to subordinate the individuals by, on the one hand, handing over the jurisprudence in petty offence cases into the hands of the people, and, on the other hand, filling the adjudication boards with members subordinate to the authority, did not bring independence in the decisions issued. It is evidenced, for example, by the excessive repressive adjudication boards judgments issued against participants of the political crisis of March 1968. The Authors present the development of the model of jurisprudence in petty offence cases in the controversial period of the communist regime.


2020 ◽  
Vol 23 (3-4) ◽  
pp. 613-617
Author(s):  
Christopher Calton

In this insightful book, David Skarbek builds on his earlier work which shows that official governance institutions are inadequate, prisoners will form their own institutions to secure property rights, facilitate market exchange, adjudicate disputes, and mitigate violence. Skarbek’s work rests at the intersection of two interesting subjects of inquiry. Most obviously, he is contributing to the rapidly growing body of literature on carceral systems. Although The Puzzle of Prison Order is not a work of history, Skarbek answers historian Mary Gibson’s (2011) call for a more global approach to prison studies. Like Peter Leeson’s The Invisible Hook (2009), which looks at the social order of pirates, Skarbek studies the people who seem least likely to establish functional systems of governance—criminals—to show how informal governance institutions form and operate.


2018 ◽  
Vol 4 (2) ◽  
pp. 185-188
Author(s):  
Hamed Purrostami

Mutual duties and rights between people and sovereignty is one of the strategic and significant issues in the contemporary world. In the Islamic teachings especially Nahjulbalaghah it is not that the right is allocated to the ruler and government and on the other hand people only have duties and responsibilities. Rather the ruler has the significant duties even if he would be innocent. Among the strategic tasks of the ruler and leader are: Benevolence, Fair distribution of wealth and management of education system. These duties are, at the same time, the rights of the people and the ruler. On the other hand, people have duties in front of the Islamic ruler. In other words, these duties are rights of Religious Governance including loyalty to sovereignty, Support and response to demands of authority and etc. It is worthy to mention, the main aim of these rights and duties has been devised to provide the felicitous life for people in the world and hereafter.


2019 ◽  
Vol 38 (1) ◽  
pp. 143
Author(s):  
Rais Ribha Rifqi Hakim

<pre><em>The development of information technology has kemjauan very rapidly. The advancement has led mankind easier to relate to one another. Various information and events happening parts of the world with rapidly can be known by human beings on other continents. The era of globalization characterized by the rapid advancement of communication technology is also called information age. The world community, including Muslims today can enjoy television programs with a variety of impressions. The television broadcasts emanating not only from a national network, but also can follow the international network thanks to the satellite which is connected with the parabola in people's homes. Communication on one side convey information to others for ideas or ideas to others either use or not use the media while the media on the other hand want to change the mindset and behavior of the people. </em><em>Same with da'wah, Communication is the process of conveying information to others about ideas or ideas to other people both using the media and not using media while on the other hand they want to change people's mindsets and behavior. The function of da'wah and communication are also the same, namely to change someone with a specific purpose. The purpose of da'wah is to convey information and seek information to mad'u so that the material to be conveyed can be understood so that communication can be achieved. The da'i to mad’u's da'wah process is expected to have a psychological influence in improving Islamic teachings. However, the challenge of preaching in the information era has become more complex. With this required expertise in conveying his da'wah for the success of da'wah, including various treatments that are more profound and efficient.</em><em></em></pre><p> </p><p align="center">****</p><em>Perkembangan teknologi informasi mengalami kemajuan sangat pesat. Kemajuan tersebut telah mengantarkan umat manusia semakin mudah untuk berhubungan satu dengan lainnya. Berbagai infomasi dan peristiwa yang terjadi dibelahan dunia dengan secara cepat dapat diketahui oleh manusia pada benua yang lain. Era globalisasi yang ditandai oleh semakin majunya teknologi komunikasi juga disebut dengan era informasi. Masyarakat dunia termasuk umat Islam dewasa ini dapat menikmati acara televisi dengan berbagai tayangan. Siaran televisi tersebut bukan hanya terpancar dari jaringan yang bersifat nasional, tetapi juga dapat mengikuti jaringan internasional berkat adanya satelit yang dihubungkan dengan adanya parabola di rumah-rumah penduduk. Sama dengan dakwah, Komunikasi adalah proses menyampaikan informasi kepada orang lain terhadap gagasan atau ide kepada orang lain baik menggunakan media maupun tidak menggunakan media sedangkan disisi lain ingin mengubah pola pikir dan tingkah laku masyarakat. Fungsi dakwah dan komunikasi juga sama, yaitu untuk merubah seseorang dengan tujuan tertentu. Tujuan dakwah adalah untuk menyampaikan informasi dan mencari informasi kepada mad’u agar materi yang ingin disampaikan dapat dimengerti sehingga komunikasi yang dilaksanakan dapat tercapai. Proses dakwah yang dilakukan oleh da’i kepada mad’u diharapkan mempunyai pengaruh psikologis dalam meningkatkan ajaran Islam. Namun, tantangan berdakwah di era informasi menjadi lebih komplek. Dengan ini dibutuhkan kepiawaian da’i dalam menyampaikan dakwahnya demi keberhasilan dakwah, termasuk berbagai perlakuan yang lebih mendalam dan berdayaguna.</em>


1990 ◽  
Vol 28 ◽  
pp. 209-222
Author(s):  
Roger Trigg

The work of the later Wittgenstein has had a vast influence in the field of social science. This is hardly surprising as the effect of that philosophy has been an emphasis on the priority of the social. Empiricist philosophy started with the private experience of the individual and from there built up an inter-subjective picture of the world. Wittgenstein, on the other hand, began with the rule-governed practices of a community. Both the nature of private experience, and of an objective world, was deemed to depend on concepts all could share. Society is the source of such concepts and thus becomes the key notion in our understanding of ourselves and our relation to the world.


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