The Concept of State in Islam

1984 ◽  
Vol 1 (1) ◽  
pp. 11-25
Author(s):  
Justice Javed Iqbal
Keyword(s):  
The State ◽  
First Principle ◽  
Human Beings ◽  
Muslim Community ◽  
The Law ◽  
Good And Evil ◽  
The Universe

The state in Islam is founded on certain principles which, according tothe faith of a Muslim, are laid down in the Qur’an and Sunnah of the HolyProphet. The first principle is that all authority in the universe vests inAllah, Who is the Omnipotent and Omnipresent Creater of the universe.Thus, according to a Muslim’s faith Allah alone must be obeyed to theexclusion of all others, and obedience may be rendered to man only underAllah’s command in the case of the Prophets whereunder renderingobedience is in fact to Allah and not to human beings. The secondprinciple is that the law has already been laid down by Allah in the formof commands of what is good and what is evil, in the Qur’an, which is thepure word of Allah whereas Sunnah of the Holy Prophet is theauthoritative exposition of the Qur’an. These commands have been sentin the form of revelation from time to time to the Prophets for theguidance of mankind, the last being the Holy Prophet Muhammad(Peace be upon him) through whom the faith had been completed andperfkcted in the Qur’an. Allah has already placed in the nature of manthe knowledge of good and evil and has furhter clarified the distinctionbetween good and evil in the Qur’an. Thus, the law of Allah, properlycalled, consists of Awumar and Nawuhi (the positive and negativeinjunctions of the Qur’an) and it is on this basis that according to aMuslim’s faith all legislation has already been made by Allah and everyMuslim is enjoined to promote good and to suppress evil.In the Qur’an no mode of lite is prescribed for a politically andeconomically subjugated Muslim community. In Sura 4: Verse 59 theMuslims are commanded to obey Allah, to obey the Holy Prophet andthose having authority over them, who are from amongst them.Consequently, a Muslim is to render obedience firstly to Allah, then tothe Holy Prophet, lastly to those members of the Muslim comminity whocommand authority over him provided that they are acting only inexecution of the commands of Allah and the Holy Prophet. So, it isevident that rendering obedience to those who command authority over ...

scholarly journals The Legal Politics of Regulation for Lesbian, Lesbian, Gays, Bisexuals and Transgende (LGBT) in Indonesian Law (Discourse Between Punishment and Regulation)

2018 ◽  
Vol 1 (2) ◽  
pp. 137
Author(s):  
Anita Yuliastini ◽  
Budimansyah Budimansyah ◽  
Hj. Syarifah Arabiyah
Keyword(s):  
Secondary Data ◽  
Criminal Code ◽  
The State ◽  
Religious Values ◽  
Constitutional Court ◽  
First Principle ◽  
Human Beings ◽  
Classic Problem ◽  
Normal Human ◽  
The Law

<p><em>The LGBT phenomenon is a trending topic in the midst of society after the Constitutional Court has issued a Decision Number 46 / PUU-XIV / 2016 on the examination of norms on Article 284, 286 and 292 of the Criminal Code with the Decision rejecting all petition completely. LGBT is actually a classic problem that has existed as human civilization on earth. LGBT is different from other normal human beings because LGBT has a disorder in terms of sexual orientation so that such circumstances require the presence of the State to take action by criminalizing LGBT because it sees widespread impacts or otherwise violates LGBT on the basis of freedom and human rights. Political law is the activity of choosing the law that will be applied in order to achieve the purpose of the law all of which leads to the achievement of the purpose of the State with the law as a tool. This study is a normative juridical research, where the data used in this study is secondary data in the form of books, legislation, documents and other writings relating to the problems under investigation. Based on the result of the research, it is found that LGBT arrangement in law in Indonesia is a must since Indonesia is a Pancasila country with the first principle of Belief in Godhead and Country built on religious values. The constitutional juridical basis of LGBT arrangement can be seen in Pancasila as the source of all sources of law, The Introduction of the 1945 Constitution, the 1945 Constitution of Indonesian republic, Law Number 12 on 2011 concering the Formulation of Legislation which all affirm that the establishment of law in Indonesia can not be released away from the religious values adopted in Indonesia.</em></p>

scholarly journals Teologi Posmodern: Menimbang Konsep Naturalisme-Teistik

2015 ◽  
Vol 2 (1) ◽  
pp. 91
Author(s):  
Ghozi Ghozi
Keyword(s):  
Modern Science ◽  
Direct Influence ◽  
Human Beings ◽  
Islamic Theology ◽  
Indirect Influence ◽  
Postmodern Theology ◽  
External Dimension ◽  
The Law ◽  
The Relationship ◽  
The Universe

<p>This article will briefly discuss the problems of postmodern theology in the context of the relationship between God and nature. In this case, the author brings the conception of theistic naturalism in the view of classical theology of Islam. Theological conception of postmodernism (theistic naturalism) can be useful contributions to the refreshment of Islamic theology, particularly in the case <em>a</em><em>f</em><em>‘</em><em>â</em><em>l</em><em> </em><em>al</em><em>-</em><em>‘</em><em>ibâd</em> and its derivation. The concept of direct influence and indirect influence may help explain the intervention of God toward human beings without denying the law of causality, as the law that becomes standard of modern science. Nevertheless there are some things that need to be considered in this concept: <em>Firstly</em>, God is only the spirit of the universe, God has entrusted His power to the nature, and all the events occurred due to the co-creativity of God and nature. <em>Secondly</em>, God has no a direct influence on the external dimension, rather He is merely a Spirit of things who has influence on inner dimension.</p>

Definition and content of the right to freedom of conscience

2021 ◽  
Vol 66 (05) ◽  
pp. 145-148
Author(s):  
Ниджат Рафаэль оглу Джафаров ◽  
Keyword(s):  
Human Rights ◽  
Human Behavior ◽  
The State ◽  
Human Beings ◽  
Freedom Of Conscience ◽  
Key Words Human ◽  
The People ◽  
The Law ◽  
The Right

It can be accepted that the classification of human rights, its division, types, and groups, is of particular importance. The syllogism for human rights can be taken as follows: law belongs to man; human beings are the highest beings on earth like living beings. Therefore, the regulation prevails. The right to freedom is conditional. Man is free. Consequently, human rights are dependent. Morality is the limit of the law. Morality is the limit and content of human actions. Therefore, the law is the limit of human activities. Morality is related to law. Law is the norm of human behavior. Thereby, human behavior and direction are related to morality. The people create the state. The state has the right. Therefore, the right of the state is the right of the people. The state is an institution made up of citizens. Citizens have the privilege. Such blessings as Dignity, honor, conscience, zeal, honor, etc., and values are a part of morality and spiritual life. Morality is united with law. Therefore, moral values are part of the law. Everyone has the right to freedom of thought and conscience. Space is about the law. Therefore, everyone has the right to opinion and conscience. Key words: human rights, freedom of conscience, conceptuality, citizenship

scholarly journals Was Duplessis Right?

2011 ◽  
Vol 55 (3) ◽  
pp. 401-436
Author(s):  
Roderick A. Macdonald
Keyword(s):  
Political Theory ◽  
Social Theory ◽  
Legal Theory ◽  
The State ◽  
Fiftieth Anniversary ◽  
The Other ◽  
Judicial Decision ◽  
The Law ◽  
Good And Evil

Given the inclination of legal scholars to progressively displace the meaning of a judicial decision from its context toward abstract propositions, it is no surprise that at its fiftieth anniversary, Roncarelli v. Duplessis has come to be interpreted in Manichean terms. The complex currents of postwar society and politics in Quebec are reduced to a simple story of good and evil in which evil is incarnated in Duplessis’s “persecution” of Roncarelli. In this paper the author argues for a more nuanced interpretation of the case. He suggests that the thirteen opinions delivered at trial and on appeal reflect several debates about society, the state and law that are as important now as half a century ago. The personal socio-demography of the judges authoring these opinions may have predisposed them to decide one way or the other; however, the majority and dissenting opinions also diverged (even if unconsciously) in their philosophical leanings in relation to social theory (internormative pluralism), political theory (communitarianism), and legal theory (pragmatic instrumentalism). Today, these dimensions can be seen to provide support for each of the positions argued by Duplessis’s counsel in Roncarelli given the state of the law in 1946.

ANALISIS YURIDIS PENETAPAN WALI BADAN YG NGAWAS OLEH BHP DALAM RANGKA MELINDUNGI WEWENANG KEPERDATAAN ANAK (CONTOH PUTUSAN NOMOR: 0014/PDT.P/2015/PA.MN).

2019 ◽  
Vol 1 (2) ◽  
pp. 902
Author(s):  
Rhenal Cokronegoro ◽  
Mulati .
Keyword(s):  
The State ◽  
Human Beings ◽  
Rights Of The Child ◽  
The Law ◽  
The Right ◽  
The Guardian

Children are gifts from God Almighty that we must guard and that we must protect, because children are also human beings who have rights and dignity as human beings. One of the rights of the child is the right to enjoy the wealth of his parents, including inheritance. Many children whose parents experience problems, such as divorce or one or both parents die. In order for a child to do a legal act, he needs a guardian in carrying out legal actions. Guardians here have a function to represent all children's needs in carrying out legal actions. In guardianship, there is a guardian’s overseer whose function is to oversee the guardian in terms of managing the assets of the child, in this case is the Heritage Hall. The Heritage Hall has two functions, namely as guardians of supervisors in charge of guarding guardians, as well as temporary guardians. The problem here is that the Heritage Hall is not cared for by the community, so not all guardianship verdicts use the trustees in it. whereas the Law clearly stipulates that the Heritage Hall must be the trustee in every trusteeship order ordered in the State of Indonesia.

LEGAL PROTECTION RELATED TO THE DENSITY RIGHTS IN TERMS OF REWARDED IN CORRECTIONAL INSTITUTION

2018 ◽  
Vol 5 (2) ◽  
pp. 175
Author(s):  
Lily Faradina ◽  
Kadek Wiwik Indrayanti
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
The State ◽  
Correctional Institution ◽  
Human Beings ◽  
The People ◽  
The Law ◽  
The Right ◽  
Work Done

The rights of prisoners have been explicitly regulated in Act No.12 of 1995 on Corrections. The law therein outlines 13 (thirteen) rights reserved for a prisoner while in a Penitentiary. The right to get a wage or premium for the work done is a right that is often neglected in practice in the correctional institution located in our country. This happens because of the stigma of the people who still tend to assume that a prisoner is a party that deserves to be treated arbitrarily because of the crime he has committed. It is this kind of thinking that ultimately also affects officials or prison officers who end up treating incendiary people like humans who are unfit to accept the rights that have been provided by the state. Many inmates are employed in penitentiaries who are not paid for by their employers. If this continues to be done then the purpose of punishment will actually violate human rights inherent in the Prisoners as human beings. However, prisoners must also be protected by their rights as human beings.

A Real Entity Theory of Company Law

2021 ◽  
pp. 1-36
Author(s):  
Eva Micheler
Keyword(s):  
Agency Theory ◽  
The State ◽  
Company Law ◽  
Social Phenomenon ◽  
Human Beings ◽  
Autonomous Action ◽  
Entity Theory ◽  
The Third ◽  
Real Entity ◽  
The Law

This chapter provides an overview of a real entity theory of company law. It begins by exploring three main theories of the company. The first theory explains the company as a contract; it forms the basis on which agency theory builds. The second theory conceives the company as a concession of the state, while the third theory characterizes the company as a real entity. The chapter then looks at a modern version of real entity theory and its application to company law. According to real entity theory, organizations or firms are social phenomenon outside of the law and they are autonomous actors in their own right. This occurs because human beings change their behaviour when they act as members of a group or an organization. Company law finds this phenomenon and evolves with a view to supporting autonomous action by organizations.

The Theology of Plato in Book X of the Laws: an Evolving Perspective

2018 ◽  
pp. 183-188
Author(s):  
Anastasios Ladikos
Keyword(s):  
Moral Character ◽  
The State ◽  
Human Beings ◽  
False Beliefs ◽  
The World ◽  
Divine Judgment ◽  
Small Parts ◽  
The Universe ◽  
Rational Direction

This paper deals with Plato’s theology based mainly on Book X of the Laws. According to Plato, there are three false beliefs which are fatal to moral character, namely atheism, denial of the moral government of the world, and the belief that divine judgment can be bought off by prayers and offerings. Furthermore, legislation is an embodiment of the divine laws that govern the universe, and therefore it is the task of the legislator to see that every aspect of the state is directed to the inculcation of virtue. Human beings are seen as small parts of the universe and that the gods’ care for human affairs is seen as part of their care for the whole. Plato reinforces the argument that since the universe is under rational direction, one can be certain that what happens to humans after death will be appropriate to the character they have acquired in this life. The message is thus conveyed that people will in some way be rewarded or punished after death, without relying on the kind of mythical detail which the young atheist would obviously reject.

Study on the Concept of Ecological Environmental Protection Manifested in Taoist Culture

2012 ◽  
Vol 610-613 ◽  
pp. 3192-3195 ◽  
Author(s):  
Dong Li ◽  
Cui Rong Zhang
Keyword(s):  
Environmental Protection ◽  
Human Being ◽  
Life Care ◽  
Human Beings ◽  
Ecological Balance ◽  
Ecological Protection ◽  
The Law ◽  
The Universe ◽  
Modern Sense ◽  
Ecological Wisdom

As the Taoist culture contains extremely abundant thoughts about ecological protection, this paper is intended to discuss the thoughts of ecological protection manifested in Taoist culture only from the universe philosophy view of “the law of the Tao is its being what it is”, the life care view of “attaching importance to life and cherishing life”, the ecological balance view of “nature, earth & human beings living in peace with each other”, the harmonious universe view of “nature & human being in harmony”. The discussion expects to enlighten human beings to absorb valuable ecological wisdom from Taoist thoughts about ecological protection and accomplish their transformation and recreation in modern sense.

scholarly journals Transformation of the Education of Moderate Muslim Society: A Thought Study of Nahdlatul Ulama

2017 ◽  
Vol 6 (1) ◽  
pp. 25
Author(s):  
Hasbiyallah Hasbiyallah ◽  
Moh. Sulhan ◽  
Heri Khoiruddin
Keyword(s):  
The State ◽  
The Other ◽  
Islamic State ◽  
Muslim Community ◽  
Muslim Society ◽  
Nation States ◽  
Cultural Element ◽  
Strategic Role ◽  
Nahdlatul Ulama ◽  
The Universe

Abstract Indonesia is a country which not only consists of various tribes, ethnicity and religions, but also established on multi-cultural element. The plurality, on one hand, is a social strength and a wonderful aspect of diversity if each of those aspects makes synergy and works together to build the nation. On the other hand, the plurality, if it is not managed and nurtured properly, will trigger and ignite a conflict and violence that could destabilize the joints of the state and nation. In this case, Nahdlatul Ulama (NU) has a strategic role in building a moderate Indonesian Muslim community because NU offers a model of integration, namely the integration of Islam into nationalism. It is the integration of Islamic visions of life into the main objectives of the establishment of nation-states. The idea departs from the principle of al-Ghayah wa al-Wasail (the objectives and the methods) that NU puts the state as an instrument for achieving the goal of Islam. Thus, since the aim of Islam is Rahmatan lil ‘Alamin (welfare of the universe), the state that leads to the goal can be accepted, though not in the form of Islamic state. NU’s concept in the transformation of education among moderate Muslim society accentuates on the principle of tasamuh (tolerance), tawazun (balance), and i’tidal (just). These three concepts will form the Indonesian Islamic community that is tolerant, peaceful and Rahmatan lil ‘Alamin for the life of the nation. Keywords: Transformation, Moderate Muslim Society, Nahdlatul Ulama Abstrak Indonesia merupakan negara yang tidak saja multi suku, etnik dan agama, tetapi juga multi budaya. Kemajemukan tersebut pada satu sisi merupakan kekuatan sosial dan keragaman yang indah apabila satu sama lain bersinergi dan saling bekerja sama untuk membangun bangsa. Namun, pada sisi lain, kemajemukan tersebut apabila tidak dikelola dan dibina dengan tepat akan menjadi pemicu dan penyulut konflik dan kekerasan yang dapat menggoyahkan sendi-sendi kehidupan berbangsa dan bernegara. Nahdlatul Ulama berperan strategis dalam membangun masyarakat Islam Indonesia moderat. Sebab NU telah menawarkan model integrasi, yakni integrasi Islam ke dalam nasionalisme. Integrasi visi Islam tentang kehidupan ke dalam tujuan utama pendirian negara-bangsa. Hal ini berangkat dari kaidah al-ghayah wa al-wasail (tujuan dan metode) bahwa NU menempatkan negara sebagai alat bagi pencapaian tujuan Islam. Maka, karena tujuan Islam adalah rahmatan lil ‘alamin (kesejahteraan bagi semesta), negara yang mengarah ke tujuan tersebut bisa diterima, meskipun tidak berbentuk Islam. Konsep NU dalam transformasi pendidikan masyarakat Islam moderat dengan menekankan pada prinsip tasamuh, tawazun dan i’tidal. Tiga konsep ini yang akan membentuk masyarakat Islam Indonesia yang toleran, damai dan rahmatan lil’alamin bagi kehidupan berbangsa dan bernegara.   Kata Kunci: Transformasi, Masyarakat Muslim Moderat, Nahdlatul Ulama

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