scholarly journals Studi Kritis Tentang Konstitusionalisme Islam Modern Perspektif Abdullahi Ahmed An-Na'im

2018 ◽  
Vol 2 (2) ◽  
pp. 283-301
Author(s):  
Fahmi Assulthoni

Abstrak: Abdullahi Ahmed An-Na’im adalah seorang tokoh Muslim yang cukup berani untuk menolak konsep-konsep yang telah ditetapkan dalam Islam. Konsep pemikiran yang selalu ia tawarkan ialah perlunya dilakukan reformasi syariah. Reformasi syariah yang diinginkan olehnya adalah harus disesuaikan dengan kebutuhan zaman dan masyarakat dalam kehidupan bernegara. Formulasi pemikirannya bersifat menyeluruh dan menyentuh tataran sosial, politik, hukum pidana, hukum internasional, dan hak-hak asasi manusia tak terkecuali dalam konteks konstitusionalisme Islam. Dari sekian banyak pemikirannya, tulisan ini hanya akan mengungkap satu pemikirannya tentang konstitusionalisme Islam modern. Artikel ini sangat penting mengingat Naim sendiri sebagai tokoh Islam mampu mengkritik keras terhadap penafsiran yang dianggap bertolak belakang dengan konsep-konsep umum yang terjadi di dunia. Dari sisi metodenya, tulisan ini menggunakan teknik analisis deskriptif dengan pendekatan kepustakaan. Berdasarkan hasil analisis dapat disimpulkan bahwa konstitusionalisme Islam modern menuurut an-Na’im harus lebih bersifat aspiratif, egaliter, dan tidak diskriminatif. Konstitusi Islam modern harus sejalan dengan konstitusi publik yang diakui di dunia internasional. Sebagai implikasinya maka konstitusi Islam berada di level ke dua setelah konstitusi internasional   Kata Kunci: konstitusionalisme Islam, Abdullahi Ahmed An-Na’im   Abstract: Abdullahi Ahmed An-Na'im is a Muslim figure who dared to reject the concepts that has been specified in Islam. The concept of thinking that he always offers is the need for reformation of sharia. Shariah reforms desired by him is to be tailored to the needs of the times and communities in the life of the state. The formulation of his thinking is comprehensive and touches the social, political, criminal, international, and human rights levels in the context of Islamic constitutionalism. Of his many thoughts, this article will only reveal one of his thoughts on modern Islamic constitutionalism. This article is very important considering Naim himself as a Muslim figure able to criticize hard against interpretations that are considered contrary to the general concepts that occur in the world. In terms of method, this paper uses descriptive analysis techniques with literature approach. Based on the results of the analysis can be concluded that the modern Islamic constitutionalism menurut an-Na'im should be more aspirational, egalitarian, and non-discriminatory. The modern Islamic Constitution must be in line with the internationally recognized public constitution. As an implication, the Islamic constitution is at the second level after the international constitution   Keyword: konstitusionalisme Islam, Abdullahi Ahmed An-Na’im

2020 ◽  
Vol 2 (01) ◽  
pp. 21-30
Author(s):  
Marisa Santi Dewi ◽  
Mundi Rahayu

This study discusses the ethnic conflict in the Rwandan genocide in the novel Led by Faith: Rising from The Ashes of Rwandan Genocide written by Immaculée Ilibagiza. The novel is set in Rwanda, the country that was known as the place of the fastest killing in the world history, within 100 days killed more than 800.000 people. This novel is based on the author’s experience in surviving from the Rwandan genocide. Therefore, it is interesting to discuss how the author represented the genocide in the novel. This study applied conflict theory by Dahrendorf which focus on four aspect: Two aspects of society (conflict and consensus), power and authority, the groups involved in the conflict, and conflict and social change. The data are taken from the novel Led by Faith by using descriptive analysis techniques. The study reveals that the conflict between Hutu and Tutsi ethnics was represented as the power dynamics among the authorities. The conflict influenced the social change and social structure of the Rwandan society.


2018 ◽  
Vol 28 (3) ◽  
pp. 283-289 ◽  
Author(s):  
Paulo André Stein Messetti ◽  
Dalmo De Abreu Dallari

Introduction: Human dignity, as coined by the Universal Declaration of Human Rights (UDHR / 1948), is an expression social solidarity, which should cement the relations between people. Human dignity is the foundation of all rights, such as freedom, equality, justice and peace in the world, and in Brazil, human dignity was deemed a fundamental pillar of the country’s post-1988 constitutional order. Objective: This article seeks to a deeper investigation about the social nature of human dignity and its definition over time.     Methods: This is an exploratory research meant to unpack the concepts of "human dignity", "bioethics", "human rights" and "constitution". After describing the conceptual evolution of human dignity and the facts relevant to its conceptual formation in world history - as a normative standard and a legal rule -, we address the Universal Declaration of Human Rights (UDHR/1948), the Declaration of Helsinki (DH/1964), the Universal Declaration on Bioethics and Human Rights (UDBHR/2005), and the definition adopted in the Constitution of the Federative Republic of Brazil (CFRB/1988). The study was carried out without temporal limitation, and included a review of referenced books, legal doctrines, as well as articles and books in the SciELO database. Results and discussion: The findings ratify that human dignity is the foundation of all rights, including those of freedom, equality, justice and peace in the world, and must also guide the rights and duties of social regulation. Human dignity has changed from a criterion of power attributed to the social position of individuals to a value of the right to freedom, which now goes beyond the right of freedom and is the basis of modern constitutional democracy, which makes possible the realization of solidarity, as well as the duty and purpose of the state and the community. The will of the subject, of society, of the science and of the state, as well as the rules of domination and regulation, must have a limit on human dignity, and human dignity is not just fundamental right, in the sense of the Constitution, and must prevail over the exclusive will of science, the State and society. Therefore, in the making of power decisions and in realization of possible innovations of science involving human beings, human dignity demands the explicit consideration of respect and promotion of it. Conclusion: Human dignity is enshrined in Brazilian constitutional law, as well as in bioethics and in human rights, and it constitutes all the fundamental rights of the human person. It is not merely a rule of autonomy and liberty, and it is an obligatory and non-derogable precept in the making of power decisions, a true main foundation of constitutional democracies.  


2018 ◽  
Vol 28 (6) ◽  
pp. 2115-2118
Author(s):  
Stanislava Dimitrova Milachkova

Educational institutions play a key role in shaping a modern civil culture in society around the world, because without adequate civil education it is inconceivable to implement quality civilian control over special services. Civil education is a necessary process of learning practical knowledge and skills and shaping competencies for personal development and improvement, for structuring a democratic society, for laws, rights and responsibilities that provide opportunities for real participation in public life. Training for human rights and civil liability and duty, the position of a pupil-citizen, by adopting the principles and values that serve as the foundation and organization of democracy and the republic, the knowledge of the institutions and the laws by developing the rules in the social and political life, exercise and ability to properly justify. So they would find meaning in the individual and the collective responsibilities in their active citizenship. Civil education contributes to the development of a critical spirit, but through the exercise of arguments for reasoning and more accurate decision-making, reasoning and judgment. Through educational institutions, young citizens are prepared to conduct dialogue, debate, resolve conflicts, and embrace forms of civil communication and interaction with special services. This is a basic approach to the basic concepts - man and citizen. Within even the small city, through the education of democratic citizenship, new moral values are being built and active participation in the civil processes of the small community is taking place. The duty of adolescents to become aware of citizens' rights and obligations, norms of conduct and values in a democratic society, as well as the promotion of the role of special services in the Republic of Bulgaria, will prepare them for training and stability as active citizens of the world. Civil education forms a citizen. Civil society, as a public way of life, can function properly only on the basis of an adequate knowledge of the laws of the Republic of Bulgaria and the moral-legal will applying this knowledge in real life. Civil society is the sphere of social activity that focuses on the degree of socio-economic development of society and directly determines the state. The typing of the state has its objective basis in the typography of civil society. Each civil society is a system of human needs and means to meet them, labor, socio-economic, legal and other subject-practical and conscious-volitional relations, as well as a system of human rights organizations and various social institutions. The duty of the national education system to civil society is to build the citizen - the bearer of national self-awareness, civil culture, moral and moral-legal will. Only such a citizen will, in the course of his life, reproduce civil society in accordance with the national idea.


2020 ◽  
Vol 93 (4) ◽  
pp. 161-169
Author(s):  
I. I. Chesnitskiy ◽  

The article presents an analysis of the state and problems of implementing the socio-economic rights of population of the Khabarovsk territory as a priority area for reducing poverty. Attention of the authorities was drawn to the situation of poverty in a number of northern municipalities, where the population is experiencing difficulties in realizing their socio-economic rights due to the lack of jobs. Concern was expressed about the socio-economic rights of persons released from the places of deprivation of liberty. The Commissioner for human rights in the Khabarovsk territory, taking into account the study of situation in the region, sets out his vision for solving the problem of reducing poverty in the Khabarovsk territory and makes proposals that, in his opinion, can be used by the regional state authorities to achieve the indicators set by the President of the Russian Federation.


VALUE ◽  
2021 ◽  
Vol 2 (1) ◽  
pp. 39-56
Author(s):  
Harry Ramadhan ◽  
Endah Widati ◽  
Ibnu Fiqhan Muslim

Competition in the restaurant and cafe industry at this time is very tight and competitive. This is marked by the growing number of new competitors in the world of Resto and Cafe. The restaurant and cafe industry as one of the food and beverage supply sectors that can support national and regional economic development. In Depok, there are 170 restaurants and cafes operating. The purpose of this study was to find out how the results of the implementation of Marketing Strategy During the Covid19 Pandemic at Like No Other Cafe Depok. The research method used is descriptive qualitative method. Using interviews, questionnaires and observations to related parties as data collection techniques. Thus, the data analysis techniques used were VRIO and PESTLE analysis to analyze the business environment, profitability analysis to evaluate the results of the implementation of the marketing mix program used and descriptive analysis to analyze planning, implementation and marketing strategy activities. The results showed that the strategy implemented by Like No Other Cafe during the Covid19 pandemic was considered effective so that Like No Other Cafe was still able to survive and generate income even though the income was only 50% of normal conditions.


Author(s):  
Simon Blackburn

The ‘Introduction’ provides an overview of ethics and the ethical climate. People's ethical ideas are manifested in their tendencies to accept or reject routes of thought and feeling, and they may not recognize these in themselves, or even be able to articulate them. Yet such tendencies make up the ethical climate, and they rule the social and political world. For many ethical traditions across the world, the central concern was the state of one's soul. Today, people tend not to care so much about the state of their souls: they tend to think that modern constitutional democracies are fine regardless of the private vices of those within them.


NUTA Journal ◽  
2019 ◽  
Vol 6 (1-2) ◽  
pp. 64-69
Author(s):  
Rameshwor Upadhyay

This paper highlighted Nepalese statelessness issue from Nationality perspective. Nationality is one of the major human rights concerns of the citizens. In fact, citizenship is one of the major fundamental rights guaranteed by the constitution. According to the universal principle related to the statelessness, no one shall be arbitrarily deprived of his or her nationality. In this connection, on one hand, this paper traced out the international legal obligations created by the conventions to the state parties in which state must bear the responsibility for making national laws to comply with the international instruments. On the other hand, this paper also appraised statelessness related lacunae and shortcomings seen in Municipal laws as well as gender discriminatory laws that has been supporting citizens to become statelessness. By virtue being a one of the modern democratic states in the world, it is the responsibility of the government to protect and promote human rights of the citizens including women and children. Finally, this paper suggests government to take necessary initiation to change and repeal the discriminatory provisions related to citizenship which are seen in the constitution and other statutory laws.


PMLA ◽  
1973 ◽  
Vol 88 (2) ◽  
pp. 233-239 ◽  
Author(s):  
Max Dorsinville

Jack of Newbury's surface realism in characters, setting, and speech has led to an underestimation of its historical and literary value. A close reading reveals the consistent use of the Greco-Roman ethical-political conception of the state, epitomized in the figure of the ruler. Deloney shows his familiarity with this tradition, probably known to him through Erasmus and Sidney, in the three controlling motifs of his novel. First, the middle class of weavers, represented in Jack's household and dramatized in allegories and symbols, is portrayed as a self-sufficient state where peace and harmony reign. Second, this state is shown to be such because of the nature of its ruler, Jack, a benevolent, generous, wise man. Third, the middle-class way of life—hard work, thriftiness, material gains—serves as princely education; accordingly, Jack, from a menial position, goes on to become ruler of the state. Jack of Newbury, as a systematical reordering of an aristocratic tradition, represents the world view of the emergent middle class; and as such, a momentous shift in the social temper of the Renaissance and an important step in the evolution of the novel.


2011 ◽  
Vol 7 (3) ◽  
pp. 319-333 ◽  
Author(s):  
Terry Carney

AbstractThis article reviews approaches to the needs of disabled people in Asia and the Pacific, the only part of the world currently lacking regional human rights machinery. The article examines some of the social policy choices involved in prioritising different possible approaches to meeting the needs of disabled people in the region, with a focus on a proposed regional disability rights tribunal (DR-TAP). It is argued that this is not the top priority for immediate action; rather it is contended that capacity building and culturally appropriate attitudinal and other change strategies should instead be pursued over the medium-term horizon.


2015 ◽  
Vol 30 (2) ◽  
pp. 320-334
Author(s):  
Silas W. Allard

In her essay “The Decline of the Nation-State and the End of the Rights of Man,” Hannah Arendt famously wrote, “Nobody had been aware that mankind, for so long a time considered under the image of a family of nations, had reached the state where whoever was thrown out of one of these tightly organized closed communities found himself thrown out of the family of nations altogether.” Surveying the aftermath of the world wars, the same aftermath that eventually led to the Universal Declaration of Human Rights, Arendt found that a person had to be emplaced—the subject of a political space—in the state-oriented order of geopolitics to be cognizable as a subject of human rights. The stateless, being displaced, were excluded from such a regime of rights and from the global political community. Bare humanity, Arendt argued, was an insufficiently binding political identity. As she wrote in her arresting language, “The world found nothing sacred in the abstract nakedness of being human.”


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