War and Peace in Islam

1988 ◽  
Vol 5 (1) ◽  
pp. 29-57
Author(s):  
Louay M. Safi
Keyword(s):  
The Other ◽  
Islamic State ◽  
War And Peace ◽  
Armed Struggle ◽  
General Law ◽  
Islamic Jurisprudence ◽  
Rules And Principles ◽  
The One ◽  
Holistic Theory ◽  
Special Studies

Introduction Although the rules and principles pertaining to relations between Islamic and non-Islamic states date back to the early Madinan period, the Islamic classical doctrine of war and peace was developed by Muslim jurists (fuqaha) during the Abbasi era. The tenets of the doctrine can be found either in general law corpora under headings such as jihad, peace treaties, aman, or in certain special studies such as al Kharaj (land tax), al Siyar (biography/history), etc. The work of the Muslim jurists consists mainly of rules and principles concerning the initiation and prosecution of war, rules and principles that have been predicated on a specific perception of the role and objectives of the Islamic state in respect to other states. The purpose of this paper is twofold. On the one hand, the paper attempts to rebut the propositions of the classical doctrine of jihad, showing that these propositions were predicated on a set of legal rulings (ahkam shar'iyyah) pertaining to specific questions which arose under particular historical conditions, namely, the armed struggle between the Islamic state during the Abbasi era, and the various European dynasties. The paper further attempts to demonstrate that classical jurists did not intend to develop a holistic theory with universal claims. The paper aspires, on the other hand, to introduce a more comprehensive perception of war and peace which takes into account the Qur'anic and Prophetic statements in their totality. This new perception is then used to establish the fundamental objectives of war as well as the basic conditions of peace. To address the forgoing concerns, two approaches have been used. One is legalistic, deductively based on the principles of Islamic jurisprudence (usul al fiqh), comparable to that used by classical jurists. The other approach is historical, inductively concerned with examining the chronology of the ...

scholarly journals ARABIC: تغيير الفتوى بمقتضيات الزمان والمكان

rahatulquloob ◽  
2021 ◽  
pp. 1-13
Author(s):  
Dr. Abdul Wadood Abed ◽  
Dr. Hedayatullah Modaqiq
Keyword(s):  
Islamic Law ◽  
The Other ◽  
Scientific Development ◽  
Spatial Factors ◽  
Other Hand ◽  
Islamic Jurisprudence ◽  
Temporal And Spatial ◽  
The One

Islamic law, by having features in its principles that are fixed and variable, expresses its authority in any situation and time. Of course, this feature reflects the unique legislative miracle of Islam itself. The source of Islamic law is divine and heavenly, so it has always descended directly through the revelation of Allah Almighty, the Lord of the worlds, and has been arranged according to His wisdom and providence and has been considered in the context of time and place according to their nature and needs. Changing of a fatwa is the change of one rule in a specific issue to another one along with a Sharia cause that agrees with the aims and purposes of the Sharia. Therefore, there is no change in the prescribed rules and the fixed principles of Shari, but Ijtihad, Qiyas and expedient rules can be changed; Because there are many rulings that have been permitted for expediency, after the passage of time and the change of place have led to corruption, which again has become impermissible. The rule of fatwa changing has been valid in the Sharia; Because, on the one hand, the Companions and their followers have used it in their ijtihad fatwas, and on the other hand, Islamic jurisprudence is a developmental debate that progresses together with the caravan of life, no awareness of the demands of time, place and scientific development is synonymous with depriving the Islamic Ummah from virtues and facilities of life, so it is necessary that the change of the fatwa has to be compatible to the change of expediencies, otherwise it will lead to corruption and harm. Statement of the problem: The Islamic jurists have divided the Islamic rules into fixed and variable. This means that the prescribed laws, which are in harmony with meek nature, do not accept changes but the rules which are based on ijtihad can be changed. The discussion of changing the fatwa and its temporal and spatial factors is one of the important issues of jurisprudence that scholars have paid attention to and therefore the answer to these two questions is necessary for the researcher whether changing the fatwa is permissible? Are the requirements of time and place effective in its changing?

scholarly journals Dietrich Bonhoeffer, Nelson Mandela and the dilemma of violent resistance in retrospect

2016 ◽  
Vol 2 (1) ◽  
pp. 43
Author(s):  
John W De Gruchy
Keyword(s):  
Twentieth Century ◽  
Regime Change ◽  
The Other ◽  
Dietrich Bonhoeffer ◽  
Armed Struggle ◽  
Nelson Mandela ◽  
Similarities And Differences ◽  
Violent Action ◽  
The One

Nelson Mandela and Dietrich Bonhoeffer have become twentieth century icons of resistance against illegitimate regimes and oppression. Both of them were committed makers of peace who were forced by circumstances to engage in violent resistance, the one in an armed struggle and the other in a plot to assassinate a dictator. This recourse to violent means in extraordinary circumstances was driven by moral and strategic considerations that followed a similar logic, even though their contexts were different in important respects. In this essay, we explore these similarities and differences, as well as their reasons for engaging in violent action, and offer certain propositions based on their narrative for responding to political oppression and the call for regime change today.

scholarly journals Statutory Decrystallisation of the Floating Charge: Implications for Business Sustainability

2016 ◽  
Vol 5 (1) ◽  
pp. 237
Author(s):  
Friday Okafor Onamson
Keyword(s):  
Case Law ◽  
The Other ◽  
Fixed Charge ◽  
Business Sustainability ◽  
Going Concern ◽  
Statutory Provision ◽  
General Law ◽  
Other Hand ◽  
The One ◽  
The Relationship

This paper analyzes the provisions of the Nigerian Companies and Allied Matters Act 2004 which, against the grain of general law rules on decrystallisation of floating charge, provides that a crystallised floating charge can decrystallise or refloat where the creditor withdraws from possession after the debtor has commenced payment or if the receiver, with consent of the creditor, is withdrawn. The analysis is relevant because the provision has dire implications for business sustainability since parties engage in debt transaction to sustain the going concern basis of their businesses. Bearing in mind that uncertainty pervades the boundaries between fixed and floating charge, the paper asks what is the priority status of a decrystallised floating charge as against a floating charge created prior to refloatation; and what is the relationship between the decrystallised floating charge and a fixed charge that predated the decrystallisation on the one hand and a fixed charge created post refloatation on the other hand. Using the case law and existing literature the paper showed that the statutory provision for decrystallisation of floating charge not only failed to clarify the general law rules on decrystallisation of floating charge, but it has cast a veil of uncertainty over the rights of parties to a debt transaction secured by floating charge. Since the provision can impact on the health of businesses, it behoves on the parties to be proactive in crafting debts contracts creating an interest secured by floating charge.

Enlightenment Infinitesimals and Tolstoy’s War and Peace

2020 ◽  
Vol 24 (2) ◽  
pp. 433-451
Author(s):  
Russell Winslow ◽  
Keyword(s):  
Lived Experiences ◽  
Mathematical Problem ◽  
Human Science ◽  
The Other ◽  
The Novel ◽  
War And Peace ◽  
Human Reason ◽  
Extreme Form ◽  
The Enlightenment ◽  
The One

During the Enlightenment period the concept of the infinitesimal was developed as a means to solve the mathematical problem of the incommensurability between human reason and the movements of physical beings. In this essay, the author analyzes the metaphysical prejudices subtending Enlightenment Humanism through the lens of the infinitesimal calculus. One of the consequences of this analysis is the perception of a two-fold possibility occasioned by the infinitesimal. On the one hand, it occasions an extreme form of humanism, “transhumanism,” which exhibits limitless confidence in the possibility of human science. On the other hand, the concept of the infinitesimal also contains within itself a source for a critical “posthumanism,” that is to say, a source which initiates the dissolution of the presuppositions of humanism while simultaneously announcing a different ontological organization. In , Tostoy’s novel takes up the problem of the relation between reason and motion and makes the two-fold possibility visible by presenting a contrast between its theoretical presentations and the lived experiences of the characters in the novel. Thus, is the setting in which the author has chosen to conduct this analysis.

scholarly journals Tax treatment of dividends and alternative for shareholders. Tax treatment of dividends and alternative for shareholders

2020 ◽  
pp. 9-20
Author(s):  
José Luis Bárcenas-Puente ◽  
Miguel Ángel Andrade-Oseguera
Keyword(s):  
At Risk ◽  
Income Tax ◽  
Business Practice ◽  
The Other ◽  
General Law ◽  
Financial Consequences ◽  
The Law ◽  
Set Up ◽  
Compliance With The Law ◽  
The One

In simple terms, a shareholder is a person who puts their money at risk by providing it to a business, what we call investment, which, if it generates profits, these are distributed in proportional parts to each partner, called dividends. In this way, the payment of dividends to shareholders represents the fair remuneration to the risk assumed. Dividend income is regulated in the Law on Income Tax and its correlation with the General Law of Commercial Companies, through precise guidelines. However, average business practice does not follow these provisions. Indeed, shareholders have money during the year in amounts on considerable amounts, without following any legal formality; thus facing fiscal and financial consequences. On the one hand, then, there is a reasonable right to remuneration and, on the other hand, compliance with the law. That is why alternatives to the old problem, of the checks without verification, set up as fictitious dividends.

Branding the Islamic State of Iraq and Syria

2019 ◽  
Vol 15 (3) ◽  
pp. 285-301
Author(s):  
Suvojit Bandopadhyaya
Keyword(s):  
Social Media ◽  
The Other ◽  
Islamic State ◽  
Mainstream Media ◽  
Historical Significance ◽  
Social Media Platforms ◽  
Youtube Videos ◽  
Media Organizations ◽  
The One

This article will explore three crucial parameters that have been taken into consideration to attract millennials towards the Islamic State or Islamic State of Iraq and Syria (ISIS) brand: the first parameter is story creation around the historical significance of Islamic prophecies justifying the ISIS brand. Second is the symbolisms attached to the ISIS brand and its relevance (a flag, a leader, a logo, a caliphate) and, third, the actions or the sense of attachment to the ISIS brand in the form of practising ideology, gaining recognition and appeal to the millennials. The promotion of the brand has been advanced through diverse means – social media platforms, mainstream media organizations, YouTube videos, all orchestrated to gain recognition of a rising state brand on the one end and a brand of fear and intimidation on the other.

The Art Market

2017 ◽  
Author(s):  
Mark Pieth
Keyword(s):  
Growth Rate ◽  
Money Laundering ◽  
Banking System ◽  
Art Market ◽  
The Other ◽  
Islamic State ◽  
Regulatory Pressure ◽  
War Effort ◽  
The One ◽  
Heads Of State

This chapter covers the worldwide art markets that as a group have experienced a dramatic surge in corruption over the last decade. The reasons given for this extraordinary growth rate are on the one hand the low return on classic investments or investment tools since the crisis of 2008 and on the other hand the regulatory pressure on the banking system. Abuses are rather diversified with problematic transactions including trading in looted objects (be it looted by the Nazis or items from illegal digging in Tuscani, or more recently even the systemic exploitation of antiquities by the “Islamic State” to fund their war effort), professional counterfeiting and fake or incorrect certificates, or the sale of art for the purpose of money laundering. Of course, here all sorts of graft and illicit enrichment (e.g. by heads of state, ministers, or other officials), come into play.

When the Earth is Female and the Nation is Mother: Gender, the Armed Forces and Nationalism in Indonesia

1998 ◽  
Vol 58 (1) ◽  
pp. 1-21 ◽  
Author(s):  
Saraswati Sunindyo
Keyword(s):  
Armed Forces ◽  
The Other ◽  
Popular Song ◽  
Armed Struggle ◽  
National Crisis ◽  
The Earth ◽  
Women's Participation ◽  
The One ◽  
The Military ◽  
Discursive Constructions

This article examines how, through militarism, masculine imaginings of Indonesian nationalism construct a ‘national feminine’. Whether through popular song, national war heroines, or the institutionalization of feminine roles in the military, the positioning of the ‘national feminine’ is always contradictory. On the one hand, it is gendered and domesticized, while, on the other, it is employed as confirmation that Indonesia has already achieved gender equality. In most instances, once the national crisis is over, and before a new crisis emerges, both the rhetoric of equality and the representation of the nation used to mobilize women's participation in the popular armed struggle are once again adjusted to fit the heterosexual familial model. However, in the Indonesian military, discursive constructions of the ‘national feminine’ are not enough; the military must further define the ‘national feminine’ through institutionalized practices.

scholarly journals Peta Fiqh Mu‘âsir Muslim Progresif

2014 ◽  
Vol 7 (1) ◽  
pp. 61
Author(s):  
Iffah Muzammil
Keyword(s):  
Modern Society ◽  
The Other ◽  
Human Right ◽  
Negative Image ◽  
Islamic Jurisprudence ◽  
The One ◽  
New Situation ◽  
Modern Era ◽  
Muslim Scholars

Many contemporary Muslim scholars argue that Islamic jurisprudence (<em>fiqh</em>) is not ready to face the demands of the modern era. Modernity is so powerful that it weakens the foundation of <em>fiqh </em>on the one hand, and opens up new opportunities that cannot be reached by <em>fiqh </em>on the other. The method that <em>fiqh </em>has introduced is in itself incapable of adapting to new situation and also incapable of addressing new issues such as the issue of human right, constitusionalism and the like. It is in this context that the contemporary Muslim scholars speak out for reform in the methodology of <em>fiqh </em>as well the application of thismethodology in addressing new issues. This paper is concerned with discussing this problem by referring to the thought of some leading authority in this regard such as Abdullahi Ahmed an-Na‘im, Aboe el-Fadl and Nas}r H{âmid Abû Zayd. The paper argues that for these scholars, <em>fiqh </em>has lost its role and power in the modern society because of its discriminative trait. <em>Fiqh </em>must therefore deal with this negative image if it is to restore its influence in the modern civilization.

scholarly journals Emancipation and feminization of the teaching vocation in Serbia and Yugoslavia after World War II

2020 ◽  
Vol 68 (2) ◽  
pp. 467-485
Author(s):  
Sanja Petrovic-Todosijevic
Keyword(s):  
World War Ii ◽  
Policy Analysis ◽  
The Other ◽  
World War ◽  
General Law ◽  
Post War ◽  
The Many ◽  
The One

The paper is an attempt to point out the problems faced by the new communist authorities in Yugoslavia in the years after the victory in the War and the Revolution in the process of emancipation and additional feminization of the teaching vocation, with particular emphasis on the period until the adoption of the General Law on Education (1958). Particular emphasis will be placed on policy analysis as well as concrete measures that have led to a different profile of the role of the teacher in the post-war society. On the one hand, it will highlight the concrete measures taken by the state to motivate as many women as possible to opt for the teaching job. On the other hand, they will point out the many problems faced by many teachers whose professional and professional qualities, in assessing the quality of their work, are not so infrequently subordinated to their ?moral characteristics?.

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