scholarly journals LARANGAN PERNIKAHAN BEDA AGAMA DALAM PERSPEKTIF SYAD ZARI’AH IMAM AL-SYATIBI

2018 ◽  
Vol 2 (2) ◽  
pp. 174
Author(s):  
Muhammad Zainuddin Sunarto
Keyword(s):  
Human Rights ◽  
Social Relations ◽  
Islamic Law ◽  
Preventive Measures ◽  
The Other ◽  
Application Form ◽  
Modern Times ◽  
Race And Class ◽  
The Road

Social relations in modern times is now very universal, without limitation of religion, race, and class, then it allows two people of different religions into love, affection, and was about to enter into marriage. On the other hand, freedom of religion in Indonesia is guaranteed in the Constitution and protected in points on human rights. In Islamic law known several methods in the determination of a law one of which is Syad Zari’ah, is defined as preventive measures to avoid the ugliness. Imam al-Syatibi, One philosopher of Islamic law has its own ideas about these methods. In Usul al-Fiqh Study, Syad Zari’ah interpreted as closing the road that leads to destruction. Imam al-Syatibi at defining about Syad Zari’ah “do a job which all contain kindness changed to an ugliness”. someone doing a job that basically allowed because it contains a kindness, but the objectives to be achieved end on an ugliness. haram law in this case not because of his own actions, but the law forbidden here because the objectives to be achieved from such actions. this is called the practice of Syad Zari’ah. This method is deemed the application form from the rules of fiqh “dar’u al-mafasid muqaddamun ‘ala jalbi al-masalih”. From the other side, haram law here is also based of maqasid syari’ah in keeping religion in order to avoid switching to another religion

The End of the Road for the Prince? Sixty Years after the Czechoslovak Confiscation of Liechtenstein Property

2006 ◽  
Vol 19 (2) ◽  
pp. 441-458
Author(s):  
BART DELMARTINO
Keyword(s):  
Human Rights ◽  
International Law ◽  
The Other ◽  
Nazi Germany ◽  
International Court Of Justice ◽  
The Road ◽  
Court Of Justice ◽  
European Court ◽  
International Court ◽  
International Obligations

In 1945 Czechoslovakia confiscated Liechtenstein property as reparation for the damage done by Nazi Germany. Private claims failed before the courts of Czechoslovakia, and international law did not provide Liechtenstein with a means of action against Czechoslovakia. When the property was on loan in Germany, a private case for recovery was declared inadmissible by the German courts, in line with Germany's international obligations. The European Court of Human Rights accepted these decisions. Liechtenstein, on the other hand, considered them to violate its sovereignty. In 2005, the International Court of Justice decided that it lacked temporal jurisdiction to rule on the issue.

scholarly journals Asas Retroaktif pada Kasus Pelanggaran HAM (Perspektif Hukum Islam)

ULUMUNA ◽  
2009 ◽  
Vol 13 (1) ◽  
pp. 59-80
Author(s):  
Ikhwan Ikhwan
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
The Other ◽  
Special Treatment ◽  
Other Hand ◽  
The Future ◽  
Pros And Cons ◽  
Principle Of Legality ◽  
Muslim Scholars

The principle of retroactiveness in The Act, Number 26 in 2000 on Human Rights Jurisdiction provokes pros and cons. In one hand, severe violence against human rights is an extra ordinary crime that requires special treatment. On the other hand, retroactive legislation is against the principle of legality. In Islamic law, an act is considered a crime if it is proven by juridical evidences. An act is not considered a crime unless there is punishment for it. Therefore, every juridical decision adheres to the principle of legality that limits the extent of a law just for the future, not retroactive. According to most Muslim scholars, the principle of retroactiveness could be implemented if a new law is more just and humane without breaking the attainment of law ends. Implementation of the principle for severe violence against human rights is not allowed because it does not meet such requirement.

scholarly journals HAM dan Hukum Islam

2021 ◽  
Vol 17 (1) ◽  
pp. 145-158
Author(s):  
Gasim Yamani
Keyword(s):  
Human Rights ◽  
Capital Punishment ◽  
Research Study ◽  
Islamic Law ◽  
Human Life ◽  
Comparative Method ◽  
The Other ◽  
Legal Cases ◽  
The Difference ◽  
Name Of God

Ham as an agreement made by humans, has legal force that is recognized by the whole world. On the other hand, Islam as a religion also has a source of law that regulates human life and of course the laws regulated in Islam are in the name of God and justice. Human rights debates often occur when Islamic law wants to be applied, for example, cutting hands, capital punishment and so on. Though the punishment is in the name of God and justice. This is the object of a research study on how Islam views human rights, this study has also been carried out by several researchers such as Sitti Aminah's writing with the title "Human Rights in the Perspective of the Qur'an", besides that there is an article from Nur Asiah who wrote an article with the title Rights Human Rights Perspective of Islamic Law. Although these two articles write about human rights, there is a difference with this research, which lies in the methodology and discussion. The methodology used is the comparative method, which means that comparisons between several cases of Islamic law and ordinary legal cases such as imprisonment and hand cutting are compared. The conclusion from the results of this study or this paper is that human rights and Islamic law both want to create justice, only that the difference between the source of the decision is if human rights are in the name of human justice while Islamic law is in the name of God and justice.

scholarly journals A argumentação contrária aos Direitos Humanos em comentários em portais de informação: um olhar sobre a questão prisional

2019 ◽  
Vol 12 (3) ◽  
pp. 1-15
Author(s):  
Clebson Luiz de Brito
Keyword(s):  
Human Rights ◽  
Social Relations ◽  
Theoretical Framework ◽  
Human Condition ◽  
The Other ◽  
News Websites ◽  
Discourse Studies ◽  
Discursive Representations

RESUMO:Parte de um trabalho mais amplo dedicado às representações discursivas sobre os Direitos Humanos, o presente artigo examina a argumentação contrária a esses direitos em comentários relativos a notícias sobre a questão prisional em portais de informação. Para isso, diferentes comentários foram coletados nos portais: G1, UOl e Terra, que são considerados os mais abrangentes, e posteriormente foram analisados a partir de uma abordagem teórica derivada da interação entre os estudos do discurso e os estudos da argumentação. O exame realizado revela, em última análise, procedimentos argumentativos que configuram uma espécie de retórica duplamente desumanizante, na medida em que os textos, atribuindo em geral ao outro uma condição não humana, se valem disso para sustentar ideias e incentivar ações típicas de pessoas embrutecidas por relações sociais violentas. PALAVRAS-CHAVE: Direitos Humanos; argumentação; questão prisional; comentários em portais de informação.   ABSTRACT:Part of a broader work dedicated to the discursive representations about Human Rights, this article examines the argumentation contrary to these rights in comments, related to news about the prison issue, in news websites. To do that, different comments were collected in the websites: G1, UOl and Terra, which are considered the most comprehensive ones, and these texts were subsequently analyzed based on a theoretical framework derived from the interaction between discourse studies and argumentation studies. The examination reveals, ultimately, argumentative procedures that constitute a double dehumanizing rhetoric, since the texts, generally attributing to the other a non-human condition, use this to support ideas and encourageactions typical of people brutalized by violent social relations. KEYWORDS: Human Rights; argumentation; prison issue; comments in news websites.

scholarly journals Islamic Thought and Internationalization of Human Rights

2019 ◽  
Vol 30 (1) ◽  
pp. 182-217
Author(s):  
Reza Ahmad Zahid
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
The Other ◽  
Human Being ◽  
Individual Rights ◽  
Global Ethics ◽  
Basic Principles ◽  
Philosophical Foundations ◽  
Other Hand ◽  
Islamic Thought

This article aims to answer how Islamic thought deals with issues of internationalization. Where in general religions agree that human rights are rights owned by each individual solely because of his dignity as a human being, not the construction of society regarding individual rights. While on the other hand, some experts state that human rights are normative elements that are inherent in human individuals because there are laws whose application differs according to space and time. Between Islam and human rights has a relationship that lies in the universality of Islamic teachings. the concept of human rights has been outlined in the basic principles of Islamic law originating from the texts of the Koran, the Sunnah of the Prophet and friends, as well as the construction of scholars' thoughts. Human rights should be understood and accepted as a universal human treasure whose normative and philosophical foundations can be traced and found in various systems of values ​and traditions. Such global ethics cannot be formulated without religious contributions.

scholarly journals Marriage Treasure Ownership in Arabic and Nusantara Fiqh Perspectives

ADDIN ◽  
2018 ◽  
Vol 12 (2) ◽  
pp. 555
Author(s):  
Nur Khoirin
Keyword(s):  
Islamic Law ◽  
The Other ◽  
Way Of Life ◽  
Joint Property ◽  
Husband And Wife

<p>One of the problems that often arise after the divorce is the ownership of assets acquired during marriage, whether it belongs to the husband, wife, or both of them. According to the Compilation of Islamic Law or the fiqh of the results of <em>ijtihad fuqaha</em> Nusantara, the assets obtained in marriage, except those obtained through inheritance or grants from parents/family, are joint property of husband and wife (gono gini). One party may not use it except getting agreement from the other parties. And if marriage breaks, either because of divorce or death, then it must be divided into two. In the books of Arabic Fiqh, there is no joint property because marriage does not cause a mixture of wealth. Nonetheless, in the books of fiqh provides the possession of wife's assets, such as dowry, livelihood, mut'ah, <em>iwadl</em> and <em>tirkah</em>. If the provision of fiqh is carried out consistently, then when a divorce occurs, the husband must leave the house, because all the property has become the property of his wife through a way of life. But this is certainly not fair. Therefore the determination of the existence of joint property in marriage is a moderate opinion and a benefit.</p>

scholarly journals Prevention of victimization in the area of road traffic

2021 ◽  
pp. 1-8
Author(s):  
Petr Gennad'evich Andreev
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Preventive Measures ◽  
Road Traffic ◽  
Road Accident ◽  
The Road ◽  
Road Users ◽  
Spatial Environment ◽  
The Russian Federation ◽  
On The Road

The subject of this research is the preventive measures aimed at elimination of victimization that within the framework of road traffic in the Russian Federation. The object of this research is the social relations of victimhood that arise among all road users. The author carefully examines such aspects of the topic as forms of victimhood in the area of road traffic, measures that should be implemented for elimination of victimization in the area of road traffic, and provides practical example of victimhood caused by road accident. Special attention is given to preventive measures aimed at elimination of victimization in the area of road traffic in the Russian Federation. The main conclusion lies in the statement that from the practical perspective, the effectiveness of preventive measures aimed at solution of the problem of victimization lies in the interest of the road users in maintaining safety through the appearance of the consequences of road accidents, stiffening of penalties for breach of legislative regulations, realization of responsibility both for one's self and loved ones. The author&rsquo;s special contribution consists in providing definition to the two forms of victimhood in the area of road traffic: 1) careless, caused by unintentionally by lack of experience of road users, substantiated by situational behavior of persons with poor sense of spatial environment; 1) reckless, caused by neglecting the road traffic regulations, provocative behavior on the road. The novelty of this work consists in the use of the relevant legal precedent that describes the victim side of road users.

Individual law: an Islamic Sufi approach

2018 ◽  
Vol 60 (6) ◽  
pp. 1338-1353
Author(s):  
Bijan Bidabad
Keyword(s):  
Rule Of Law ◽  
Comparative Research ◽  
Islamic Law ◽  
The Other ◽  
Human Beings ◽  
Law Schools ◽  
Content Type ◽  
The Government ◽  
Practical Implications

Purpose The purpose of this paper is to show how individual law is defined in Islam. Individual law includes a set of human rights that the government is bound to vindicate by duty. Islamic law approach is how human beings transcendence, and freedom may be formed wisely. Design/methodology/approach Spiritual flourishing is the goal of Islamic Sufism. The main topics of individual freedom are discussed here are freedom of opinion, will, religion, speech, meeting, minorities, rule of law, equality before law, rights resulted from implementing justice, ownership and self-determination of destiny and jobs, which are explained through the Islamic Sufism viewpoint. Findings By comparing individual law in Islamic law with the other law schools, transcendence of the former is more clarified. Research limitations/implications Comparative research of the other religions’ gnosticism will develop the paradigm. Practical implications The principles highlighted in this study can be used for applied debates in the field to promote individual law for understanding and recompilation. Social implications Delicateness, truthfulness and righteousness of Islamic Sufism may turn the attentions of scholars and researchers to this rich viewpoint. Originality/value Individual law scholars have not touched the topic from this viewpoint. This paper opens new challenging area.

scholarly journals Kontroversi Hukum Islam Kontemporer (Kajian terhadap Aborsi di Bawah Kehamilan 4 Bulan)

2016 ◽  
Vol 12 (2) ◽  
pp. 307
Author(s):  
A. Markarma Yusup
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Islamic Law ◽  
Medical Science ◽  
Close Relation ◽  
The Other ◽  
Reproductive Life ◽  
The Law ◽  
The One ◽  
Do So

Discussing the controversy of contemporary Islamic law on abortion, especially under four months of pregnancy, it is always interesting to be discussed. Especially if it is associated with the medical science, the law enforcement and human rights. The law seems to be difficult to touch this matter, then it is compounded with suspected of hiding the practice of abortion in the name of health care. Regardless of the question of whether abortion do so on the basis of health considerations alone or indeed do so on the basis of other reasons, but nonetheless deaths from abortion is very worrying. Abortion was close relation to human rights on the one hand because every woman is entitled to her live a healthy reproductive life, but on the other side of the fetus in the mother's womb are also entitled to live and thrive. Two of these are reaping the benefit of debate among scholars. Some scholars allow and forbid others to submit their respective arguments

Discussions about the Source and Universality of Moral Case

2015 ◽  
Vol 1 (1) ◽  
pp. 144
Author(s):  
Fatih Ufuk Bağcı
Keyword(s):  
Information Theory ◽  
Human Rights ◽  
Middle Ages ◽  
Violence Against Women ◽  
The Other ◽  
Human Rights Violations ◽  
New Era ◽  
Modern Times ◽  
Moral Case ◽  
Ancient Times

The relevant meaning of moral has been constantly discussed topic in terms its sources and its universality. We have seen as the source of morality the Metaphysics in ancient times, Theology in the Middle Ages, and the information theory in new era. In modern times, we have different perspectives for the source of the formation of morality determined by good or bad reasons as a result depending on the individuals. Statements related to the source of moral and what forms the moral can be said in two words: one of them is human itself, and the other is the thought of existing love. On the other hand, it has been a subject for discussion if the moral is always valid, over the ages, objective and universal or something subjective that changes depending on individuals and also because of different societies. Therefore, who accepts moral as objective and universal, it is a propensity that comes from birth, but who thinks that moral is a subjective definition that changes lives depending on the society and during the period of time particular people live. In this study, we referred to the related debates about the issues and serious changes of technology and science which have brought to our lives but along with misuse of these facilities, such as the reality of violence against women, terrorism, human rights violations, But how about the meaning of moral, and its possible sources. If there is still a universal meaning of moral in this world that looks like now like a small village.

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