scholarly journals Hukum Islam, HAM dan Maqashidu Asy-Syari’ah: Upaya Menyatukan Jasad dan Ruh

2019 ◽  
Vol 3 (2) ◽  
pp. 118-133
Author(s):  
Nahe’i

One debate that will not be finished is a debate about the relationship between human rights and Islam. Even though the Cairo Declaration was established which declared human rights in Islam and also declared the efforts to transform human rights into the National Law. It does not end, especially among "conservative Muslims". There are several questions regarding that debate, they are, are human rights contradict to Islam because it is the product and agenda of the West? Or is it support to Islam? Or is it precisely the substance of Islam itself? These questions have arisen along with the strengthening of populism, identity politics, and politicization of religion (ad-din al-musayyas). This paper tries to look at human rights within the framework of maqhashidus syari'ah, because the compatibility of human rights and Islam can be seen only by this approach. Maqhashidus syari’ah here is a concept that developed over time in line with changes in human civilization. This paper assumes that there are some points where human rights and Islam can be connected, but there are also some points difficult to be connected.

1980 ◽  
Vol 21 (2) ◽  
pp. 189-208 ◽  
Author(s):  
T. C. McCaskie

The fundamental reasoning underlying this paper is that, in seeking to advance our understanding of the material basis of political power in pre-colonial African polities, particular attention must be paid to the detailed reconstruction over time of the triumviral relationship between office, land and subjects. Acknowledgement is freely made of the fact that, for many (if not most) areas of Africa, this type of reconstruction is either exceptionally difficult or frankly impossible. This paper is concerned with the West African forest kingdom of Asante (Ghana) – a case evincing considerable institutional continuity and structural vigour, and one, moreover, sufficiently richly documented to permit the type and level of reconstruction posited. Specifically, and taking into account the substantial body of research already carried out on the general political history of Asante, this paper deals with patterns of authority over land and subjects as evidenced by the offices contained within the Manwere – one of the ten administrative/military fekuo of Kumase. The Manwere was created by Asantehene Kwaku Dua Panin (1834–67), and in seeking to account for the political imperatives underlying the foundation, the paper explores the context of the reign and the biography and career of the first Manwerehene, Kwasi Brantuo. Particular attention is paid throughout to the way in which the relationship between office, land and subjects within the Manwere was modified or otherwise altered by the nature of the political vicissitudes through which the Asante polity passed in the period between – broadly – the mid-nineteenth and mid-twentieth centuries. Underlying the paper, and supplying context to its conclusions, is a general consideration of the philosophy of the Asante ethic concerning such matters as wealth and accumulation, the nature of authority, and the conceptualization of citizenship.


2014 ◽  
Vol 108 (2) ◽  
pp. 297-318 ◽  
Author(s):  
CHRISTOPHER J. FARISS

According to indicators of political repression currently used by scholars, human rights practices have not improved over the past 35 years, despite the spread of human rights norms, better monitoring, and the increasing prevalence of electoral democracy. I argue that this empirical pattern is not an indication of stagnating human rights practices. Instead, it reflects a systematic change in the way monitors, like Amnesty International and the U.S. State Department, encounter and interpret information about abuses. The standard of accountability used to assess state behaviors becomes more stringent as monitors look harder for abuse, look in more places for abuse, and classify more acts as abuse. In this article, I present a new, theoretically informed measurement model, which generates unbiased estimates of repression using existing data. I then show that respect for human rights has improved over time and that the relationship between human rights respect and ratification of the UN Convention Against Torture is positive, which contradicts findings from existing research.


2013 ◽  
Vol 41 (6) ◽  
pp. 1100-1135 ◽  
Author(s):  
David M. Crowe

The historical conflict between Tibet and China goes back almost a thousand years. Both sides use history to argue their point about the core issues in this dispute – Tibet's claim of independence and autonomy, and China's of suzerainty. This article looks at the historical roots of this conflict, particularly since 1949, when China began its gradual takeover of Tibet. Chinese policies toward Tibet, which have been driven by a desire to communize and sinicize Tibet, has been met by stiff resistance from the Tibetans, who see Han Chinese dominance as a force that will, over time, destroy Tibet's unique religion, language, culture, and history. This resistance has drawn the attention of the West, who see Chinese policies in Tibet as a symbol of the failings of Beijing's rulers to embrace a strong commitment to human rights at the same time that China is becoming a global economic power. The 14th Dalai Lama, a key figure in this conflict, and his government-in-exile have served as bridges to Western efforts to try to force Beijing to embrace more open, humane policies toward Tibetans throughout China. His retirement as political head of the exile government in 2011, coupled with China's growing economic and strategic power globally, raises serious questions about the willingness of the USA, and other democratic powers to risk their relationships with Beijing to continue to promote true human rights and autonomy throughout the Tibetan Plateau.


Author(s):  
Amy Strecker

Chapter 2 traces the etymological origins of the term ‘landscape’ and discusses the theoretical and historical underpinnings of the term. In particular, it discusses how the concept of landscape has evolved from being conceptually dependent upon nature, to a much wider conception of landscape as something socially and culturally produced. This social interpretation of landscape brings it closer to its early etymological origins, to what Kenneth Olwig terms the ‘substantive nature’ of landscape. This chapter also discusses the relationship between landscape and the related concepts of property, heritage, and commons. It shows how landscape has undergone shifts in meaning over time, and argues that the most recent shift links landscape to human rights, democracy, and public space.


Revista Foco ◽  
2019 ◽  
Vol 12 (1) ◽  
pp. 180
Author(s):  
Raphaela Reis Castro Silva ◽  
Isabela Grossi Amaral

Qual é a relação entre o conceito de trabalho e a ciência administrativa? Ou melhor, qual é sentido do trabalho na (ou para) sociedade atual? Essas são as questões que orientam esse ensaio teórico. Essa reflexão nos parece fundamental para a formação do administrador, a fim de que seja possível compreender a função social da ciência da administração no contexto atual da sociedade contemporânea, e principalmente sua atuação crítica e cidadã. O ensaio busca construir pontes entre o surgimento da Teoria Administrativa, a ideia do trabalho nas várias etapas da evolução do ocidente e o conceito atual do trabalho, objetivando promover e estimular um pensamento crítico acerca do sistema das relações de trabalho ao longo do tempo situando historicamente as perspectivas que a ciência da administração sobre, como forma de compreensão dos fenômenos existentes na sociedade e nas organizações. Nesse movimento, percebe-se que a conjuntura atual do trabalho vem se caracterizando pela precarização, informalidade, sobretrabalho, entre outros problemas que aumentam a exclusão social e fazem dos trabalhadores suas principais vítimas, tendo como aporte conhecimentos desenvolvidos dentro da área de administração. Essas transformações significativas apontam para ressignificações dos sentidos do trabalho na (ou para) sociedade atual influenciando nas relações concretas das formas de ser, nas identidades dos sujeitos incluídos e excluídos desse sistema, e também nas formas de ensino e formação desses profissionais, sempre permeadas por discursos ideológicos em consonância com sua época e com a classe que detém, de certa forma, o poder vigente. What is the relationship between the concept of work and administrative science? Or rather, what is the meaning of the work in (or for) the current society? These are the questions that guide this theoretical essay. This reflection seems to us fundamental for the formation of the administrator, so that it is possible to understand the social function of the science of administration in the current context of contemporary society, and especially its critical and citizen performance. The essay seeks to build bridges between the emergence of the Administrative Theory, the idea of work in the various stages of the evolution of the West and the current concept of work, aiming to promote and stimulate a critical thinking about the system of labor relations over time historically the perspectives that the science of the administration on as a way of understanding the phenomena existing in society and in organizations. In this movement, one can perceive that the current situation of work is characterized by precariousness, informality, overwork, among other problems that increase social exclusion and make the workers their main victims, having as contribution knowledge developed within the area of administration. These significant transformations point to the re-signification of the meanings of work in (or for) society influencing the concrete relationships of the forms of being, the identities of the subjects included and excluded from this system, and also in the forms of education and formation of these professionals, always permeated by ideological discourses in line with their times and with the class that holds, in a certain way, the prevailing power.


2020 ◽  
pp. 117-145
Author(s):  
Klisala Harrison

What is the relationship between the human rights deficits contexts that activist music initiatives emerge in and react to, and the human rights promoted through new musical actions? This chapter considers this question through the case studies of two women-centered projects: a once-weekly music program called Women Rock and an annual protest called the Women’s Memorial March. While Women Rock develops capabilities of women in popular music performance and songwriting, the memorial march uses music to protest missing and murdered women of the Downtown Eastside. Both events address women’s rights deficits. These ethnographic accounts reveal that one needs to be careful in assuming that the human rights actually promoted within cultural practices are precisely the same rights as those drawn attention to in activist discourses or observations used to motivate those actions, and with the same intensity, for the same reasons or for the same people. Any of these factors may be different and change over time. Importantly, musical and cultural formats can themselves shape human rights outcomes.


2004 ◽  
Vol 21 (3) ◽  
pp. 136-139
Author(s):  
Maliha Chishti

This book traces the journey of western domination from the conquest of theAmericas to the current forms and practices of globalization and development.Bessis contends that the West, unlike other empires of the past, is theonly one to have produced a theoretical (philosophical, moral, and scientific)apparatus to legitimate its supremacy and hegemony around the world.While making her case, she explores what she terms as the ultimate paradoxof the West: its ability to produce and even violently promote universals(e.g., democracy, justice, and human rights) and yet, at the same time, exertan inexhaustible capacity to self-justify its own violations of these very universals.It is precisely this capacity to disassociate what it says from what itdoes, the author asserts, that makes the West both unintelligent and illegitimateto the world. This book, divided into three parts with 12 chapters, providesthe reader with an excellent introductory overview of the nature andextent of western domination, as well as the relationship it has fostered withthe rest of the world.Part 1, “The Formation of a Culture,” sets out the West’s historicopoliticalformation, tracing its birth to the turn of the sixteenth century ...


2021 ◽  
Vol 27 (1) ◽  
pp. 39-59
Author(s):  
Liza Tom ◽  
Shilpa Menon

This article examines the transition ritual (nirvanam) in a specific community of thirunangais, a regional transfeminine community characterized by ritual practices of worship and labor, to inquire into forms of religious worlding and subject- formation that take place at the margins of dominant systems of religion, citizenship, and gender. Unlike those who identify exclusively with the category of transgender, thirunangais’ formations of self and subjecthood draw not only from modern and secular discourses such as those of human rights and identity politics but also from religious discourses and practices. These involve embodied experiences of sacrifice and pain that are considered “premodern” and abject even within hegemonic norms of religion in India. Drawing from how thirunangai narratives of self construct the nirvanam as an encompassing assemblage of both ritual observances and more medicalized practices of sex reassignment, the article looks at how thirunangais consistently queer modern prescriptions of the relationship among political, private, and religious spheres. What can thirunangais tell us about those bodies, practices, and discourses that are seen as inimical to the constitution of the modern religious subject in postcolonial contexts?


2011 ◽  
Vol 39 (1) ◽  
pp. 77-94 ◽  
Author(s):  
Florentina Andreescu

This article focuses on how the Other is represented and understood in films produced in Romania during periods of radical political, social and economic change. Specifically it addresses films produced during the years of communism and the planned economy, during the transition to democracy and to capitalism, as well as films produced during the period of democracy, capitalism and membership in the European Union. The research acknowledges two main aspects: the changing face of the Other over time (the socialist state, the foreign investors, the West, etc.) and the consistency of the fantasy structure. More specifically, the relationship between self and the Other generally follows a strict masochist fantasy script in which the Other has the power to constrain freedom, to inflict pain, and to function as an essential element through which pleasure is understood and experienced. The research proposes an understanding of this structure of fantasy, reflected in film through the existence of a national psyche written by the main myths and stories embraced by the society in discussion. This structure of fantasy hails and constructs a certain subject that has a basic masochistic psychic structure.


2013 ◽  
Vol 34 (2) ◽  
pp. 82-89 ◽  
Author(s):  
Sophie von Stumm

Intelligence-as-knowledge in adulthood is influenced by individual differences in intelligence-as-process (i.e., fluid intelligence) and in personality traits that determine when, where, and how people invest their intelligence over time. Here, the relationship between two investment traits (i.e., Openness to Experience and Need for Cognition), intelligence-as-process and intelligence-as-knowledge, as assessed by a battery of crystallized intelligence tests and a new knowledge measure, was examined. The results showed that (1) both investment traits were positively associated with intelligence-as-knowledge; (2) this effect was stronger for Openness to Experience than for Need for Cognition; and (3) associations between investment and intelligence-as-knowledge reduced when adjusting for intelligence-as-process but remained mostly significant.


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