scholarly journals URGENSI PEMIKIRAN IBNU AL-QAYYIM AL-JAUZIYYAH TENTANG PERUBAHAN HUKUM TERHADAP PERKEMBANGAN SOSIAL HUKUM ISLAM DI LINGKUNGAN PERADILAN AGAMA WILAYAH SULAWESI SELATAN

2018 ◽  
Vol 16 (2) ◽  
pp. 187-207
Author(s):  
Hj. Rusdaya Basri
Keyword(s):  
Social Development ◽  
Islamic Law ◽  
Legal Theory ◽  
The South ◽  
Local Conditions ◽  
South Sulawesi ◽  
The Social

This study examines the urgency of Ibn al-Qayyim al-Jauziyyah's thinking about legal changes to the social development of Islamic law in the Religion Court area of ??South Sulawesi. The thought of Ibn al-Qayyim al-Jauziyyah concerning legal changes to the social development of Islamic law based on changes in time, place, conditions, intentions and customs. Maslahah is the principle to change of legal fatwa based on changes in time, place, circumstances, and customs that apply in a place in accordance with the goals and the benefits desired by the Shari'a. The legal theory of Ibn al-Qayyim al-Jauziyyah in general has been implemented in the ruling or legal stipulation in the Religion Court in the South Sulawesi region. The theory is implicitly used. The judge decides the case with regard to local conditions and conditions.

Islamic Law and Society

1990 ◽  
Vol 7 (2) ◽  
pp. 177-191
Author(s):  
Louay M. Safi
Keyword(s):  
Composite System ◽  
Islamic Law ◽  
Legal Theory ◽  
Fifth Century ◽  
Muslim Community ◽  
Social Growth ◽  
The Social ◽  
Collective Experience ◽  
Law And Morality ◽  
The Impact

Shari'ah (Islamic law) has been the dominant moral and legal code ofMuslim societies for the gnxter part of their history. During the early centuriesof Islam, Shari'ah hcilitated the social growth and develojment of the Muslims,growth that culminaa in the establishment of a vast emph and an outstandmgcivilization. By the close of the fifth century of Islam, however, Shari'ahbegan to lose its role as the guiding force that inspired Muslim creativityand ingenuity and that nurtured the growing spirit of the Muslim community(Ummah). Consequently, the Ummah entered a period of stagnation thatgradually gave way to intellectual decline and social decadence. Regrettably,this painful trend continues to be more or less 'part of the individualconsciousness and collective experience of Muslims.This paper attempts to trace the development of the principles of Islamicjurisprudence, and to assess the impact of Shari'ah on society. It argues thatthe law ceased to grow by the sixth century of Islam as a result of thedevelopment of classical legal theory; more specifically, law was put on hold,as it were, after the doctrine of the infallibility of ijma' (juristic consensus)was articulated. The rigid principles of classical theory, it is contended, havebeen primarily induced by the hulty epistemology employed.by sixth-centuryjurists.Shari'ah, or Islamic law, is a comprehensive system encompassing thewhole field of human experience. It is not simply a legal system, but rathera composite system of law and morality. That is, Islamic law aspires to regulateall aspects of human activities, not only those that may entail legalconsequences. Hence, all actions and relationships are evaluated in accordancewith a scale of five moral standards.According to Shari'ah, an act may be classified as obligatory (wajib),recommended (mandub), permissible (mubah), reprehensible (makruh), orprohibited (haram). These five categories reflect the varying levels of moral ...

scholarly journals Otoritas dan Gerakan Keagamaan Daengguru: Studi Sejarah Islamisasi di Sulawesi Selatan

2020 ◽  
Vol 11 (2) ◽  
pp. 67-91
Author(s):  
Mustari Bosra
Keyword(s):  
Social System ◽  
Islamic Law ◽  
Social Institution ◽  
Integration Pattern ◽  
System A ◽  
South Sulawesi ◽  
The Social ◽  
Almost All ◽  
The Village ◽  
Central Level

This paper is about the Islamization movement of the kingdoms in South Sulawesi, sointegrated sara 'is into a social institution called pangadereng (Bugis) angadakkang (Makassar). To ensure the upholding of Islamic law, which has been integrated into the social system, a religious bureaucracy (Islam) known aswas formed sara '. The royal bureaucratic officials who handle this institution, from the central level to the village or village level are called parewa sara ', which in this study uses the term daengguru. This integration pattern was developed in almost all Islamic kingdoms in South Sulawesi. Adat has its own field and sharia controls its own field. One another should not disturb each other. When the King of Bone La Maddarremmeng was about to confront Islam and customs, he was opposed by all parties. When Arung Matowa Wajo declared a strong Islamization, he was also evicted from his position.

scholarly journals The Legal Authority of the Jurist and Its Scope in Modern Iran

2020 ◽  
pp. 1-27
Author(s):  
Seyfeddin Kara
Keyword(s):  
Social Change ◽  
Islamic Law ◽  
Legal Theory ◽  
Political Authority ◽  
Legal Authority ◽  
Intrinsic Connection ◽  
Legal Perspective ◽  
The Social ◽  
The Subject

The development of Shīʿi jurisprudence has mostly been studied from the perspective of its relation to political authority. A handful of works that have examined the subject from a purely legal perspective, neglected the influence of Muslim societies on the evolution of Shīʿi legal theory. The paper examines the development of Shīʿi jurisprudence from a legal perspective and argues that there is an intrinsic connection between Islamic law (both Sunni and Shiʿi laws) and Muslim societies. Therefore, the changing values and expectations of society prompt changes in Islamic rulings. In this sense, the evolution of Shīʿi legal theory is no different to Sunni legal theory, and there are striking similarities between Khomeini's theory of Wilāyat al-Faqīh and the Sunni legal notion of maṣlaḥa which both aim to respond to the exigencies of the social change.

Social Security and Social Development in South Africa

2021 ◽  
pp. 868-888
Author(s):  
Leila Patel
Keyword(s):  
South Africa ◽  
Social Security ◽  
Social Development ◽  
South African ◽  
Social Protection ◽  
Inclusive Development ◽  
Welfare Regime ◽  
The South ◽  
Poverty And Inequality ◽  
The Social

Abstract: South Africa has made significant strides in growing its social security and social development system to reduce poverty and inequality since the advent of democracy in 1994. The country’s rights-based and redistributive social protection system builds on earlier social policies and was substantively refashioned to address the country’s colonial and apartheid legacy. This chapter documents the South African case with reference to the following themes: first, it sets out the social and economic challenges facing the country in relation to poverty and inequality. Second, it demonstrates the conceptual and policy significance of the South African case in relation to the rise of social protection policies to promote inclusive development in countries in the Global South. The South African welfare regime is the third theme. It focuses on the evolution of social security and social development, discusses the features of the approach, the nature and scope of social protection policies and their impacts. Finally, the chapter concludes by considering the policy issues and future trajectory of social protection in South Africa.

Rebelling against the Ruler: Egyptian Youth and Azhari Scholars’ Authority after the 2011 Uprising

2021 ◽  
pp. 1-41
Author(s):  
Nareman Amin
Keyword(s):  
Textual Analysis ◽  
Legal Status ◽  
Islamic Law ◽  
Legal Theory ◽  
Social Implications ◽  
Islamic Legal Theory ◽  
The Social ◽  
Legal Opinions ◽  
Political Realities ◽  
Moral Capital

Abstract Scholars have investigated statements by Azhari ʿulamāʾ (religious scholars) about the legality of protest in Egypt in 2011 and 2013 and their use of fiqh al-wāqiʿ, a jurisprudential method by which jurists consider social and political realities when issuing legal opinions. These studies focus on Islamic legal theory but do not examine the social implications of the legal. Based on textual analysis of televised statements by ʿulamāʾ and interviews with young Muslim Egyptians, I argue that, although some jurists discouraged the laity from joining the 2011 protests, religious youth were not deterred from protesting. Additionally, laypeople who are not well-versed in Islamic law grew suspicious of the shifting opinions of ʿulamāʾ on the legal status of protest, as happened in 2013. In the aftermath of the 2011 and 2013 movements, the moral capital of several Azhari scholars decreased as did the moral-legal purchase of the fatwās they issued.

scholarly journals Analisis Pendekatan Teks dan Konteks dalam Penentuan Pembagian Waris Islam

2013 ◽  
Vol 13 (2) ◽  
Author(s):  
Khaeron Sirin
Keyword(s):  
Social Development ◽  
Islamic Law ◽  
Inheritance Law ◽  
The Social ◽  
The Law ◽  
Over Time

Abstract: Analysis of a Text and Context Approach within the Formulation of Islamic Inheritance Distributions. For about fourteen centuries Islamic inheritance law has always been regarded as a qat‘î doctrine which covers for ijtihad and should be taken for granted. However, changes and developments over time, the existence of Islamic inheritance in the Quran have started to be claimed. To some liberalists and feminist activists, the law on Islamic inheritance is a product of salaf scholars to be regarded as rules that tend to be discriminative—just like the discrediting and prejudicing the rights of women—and not oriented towards human justice. Therefore, the provisions of Islamic inheritance need to be reviewed, even deconstructed by considering the social development of society.Keywords: Islamic law, justice, inheritance, tafsîrAbstraksi: Analisis Pendekatan Teks dan Konteks dalam Penentuan Pembagian Waris Islam. Selama lebih kurang empat belas abad hukum kewarisan Islam selalu dianggap sebagai doktrin yang bersifat qat‘î yang menutup rapat ruang ijtihad dan harus diterima secara taken for granted. Namun seiring perubahan dan perkembangan zaman, eksistensi hukum kewarisan Islam dalam Alquran mulai digugat. Oleh sebagian pemikir liberal dan aktivis feminisme, hukum kewarisan Islam produk ulama salaf dianggap sebagai aturan yang cenderung diskriminatif—semisal mendiskreditkan dan merugikan hak-hak perempuan—dan tidak berorientasi pada keadilan manusia. Karenanya, ketentuan hukum waris Islam tersebut harus ditafsir ulang, bahkan didekonstruksi dengan mempertimbangkan perkembangan sosial masyarakat.Kata Kunci: hukum Islam, keadilan, kewarisan, tafsirDOI: 10.15408/ajis.v13i2.941

scholarly journals Disparity In The Judge's Ruling About Community Property Disputes After Divorce (An Analysis of The Verdict In The South Jakarta Religious Court, Religious Court of Jakarta And Supreme Court)

2018 ◽  
Vol 6 (1) ◽  
pp. 19-44
Author(s):  
Kamarusdiana Kamarusdiana
Keyword(s):  
Supreme Court ◽  
Theoretical Approach ◽  
Common Property ◽  
Islamic Law ◽  
Legal Theory ◽  
Fundamental Problem ◽  
Legal Positivism ◽  
The South ◽  
Community Property ◽  
Joint Property

Abstract. There is a discretion in the South Jakarta Religious Court with the provisions of the Compilation of Islamic Law. Thus, the fundamental problem of legal theory and theory which is used by the Judge to decide upon the joint property, why the decision is different between the judges at the first level, the appeal and the cassation, and how the parties' argument in acquiring the common property. The result shows that the argument used by the panel of judges at the first level is in fact of the law property obtained from the income of the wife in addition to meet the sense of justice and benefit. While the judges at the higher level and Cassation in the Supreme Court are more normative to the existing of legal norms. The theoretical approach used by judges at the first level is the theoretical approach of legal realism while the judges at appeal level and Cassation use theories of legal positivism. Keywords: Joint Property, Legal Positivism, The Ijtihad Of Judges, The Disparity Of The Verdict. Abstrak. Terdapat ketidaksesuaian putusan mengenai pembagian harta bersama pada Pengadilan Agama Jakarta Selatan dengan ketentuan dalam Kompilasi Hukum Islam. Sehingga, yang menjadi permasalahan mendasar hukum dan teori apa yang digunakan oleh Hakim untuk memutus harta bersama tersebut, kenapa putusan tersebut berbeda antara hakim ditingkat pertama, banding dan Kasasi, serta bagaimana argumentasi para pihak dalam memperioleh harta bersama. Berdasarkan hasil penelitian penulis, Argumentasi yang digunakan majelis hakim ditingkat pertama ialah secara fakta hukum harta yang diperoleh lebih banyak dari hasil penghasilan isteri disamping untuk memenuhi rasa keadilan dan kemaslahatan. Sedangkan hakim ditingkat II (PTA) dan Kasasi di Mahkamah Agung lebih normatif kepada norma hukum yang sudah ada. Pendekatan teori yang digunakan oleh hakim ditingkat pertama lebih kepada pendekatan teori realisme hukum sementara hakim ditingkat banding dan Kasasi lebih banyak menggunakan teori positivisme hukum.Kata Kunci: Harta Bersama, Positivisme Hukum, Ijtihad Hakim, Disparitas Putusan. DOI: 10.15408/jch.v6i1.8266

scholarly journals The leadership role of emeritus Archbishop Desmond Tutu in the social development of the South African society

2020 ◽  
Vol 5 (1) ◽  
pp. 263-297
Author(s):  
KJ Pali
Keyword(s):  
Social Development ◽  
South African ◽  
Social Issues ◽  
Leadership Role ◽  
African Society ◽  
The South ◽  
South African Society ◽  
The Social ◽  
Desmond Tutu

Leadership of the ministers of the Word is often restricted to within church boundaries, on the pretext that ministers should be religious and not too involved in the “world”. On the other hand, ministers are involved in social issues mostly to address immediate needs, often at the expense of  transforming the unjust system that perpetuates social injustices. Emeritus Archbishop Desmond Tutu practised his leadership ministry within and beyond the church boundaries. In the South African society, his leadership ministry contributed towards social development and transformation. This article aims to analyse the contribution of the leadership role of emeritus Archbishop Desmond Tutu in the social development of the South African society. The main research question is to what extent is or was the leadership of emeritus Archbishop Desmond Tutu involved in the social development of the South African society?

scholarly journals ANALYZING REJECTION OF CORPSE INFECTED BY COVID 19 IN THE PERSPECTIVE OF MORAL PANIC AND FIQH SOSIAL THEORIES

2020 ◽  
Vol 1 (1) ◽  
pp. 69-88
Author(s):  
Muhammad Labib
Keyword(s):  
Islamic Law ◽  
Moral Panic ◽  
Online News ◽  
Analytical Tool ◽  
Legal Norms ◽  
South Sulawesi ◽  
Library Research ◽  
The Social ◽  
The World ◽  
Interdisciplinary Study

This research discusses an interdisciplinary study of Covid 19 excesses that is currently affecting the world, including Indonesia. There were cases of stigma and rejection of corpse infected by Covid 19 that occurred in Banyumas, Lampung, Gowa, South Sulawesi, and Semarang. The theory used as an analytical tool is Stanley Cohen's theory of moral panic to understand the background of community actions, and subsequently uses the social fiqh theory to reinforce the building of an argument for scientific response to the case. The method used in this research is library research by making effective data obtained from reliable online news, journals, and books that can be accounted for. The results of this study are: (1) The perspective of Stanley Cohen's moral panic theory explained that the case of the rejection of the corpse of Covid 19 was triggered by excessive public panic and anxiety until "social / health panic" is closely related to the term "moral panic" in Cohen's theory. This gives the consequence of giving stigma and discrimination of Covid 19. (2) The perspective of social Fiqh with the application model of Madzhab Qauli, the act of refusing a corpse infected with Covid 19 is “a wrong way" in Islamic legal norms. This claim of Islamic law is considered to be in harmony with the maqashid syairah which is understood from Abdul Majid Najjar's thoughts about the maqasid hifdzu al karamah al insaniyyah.

scholarly journals Safeguard of the Police Intelligence Against Court Decisions Regarding the Object of the Dispute

2020 ◽  
Vol 2 (2) ◽  
pp. 1-12
Author(s):  
La Ode Husen ◽  
Salle Salle ◽  
Arri Abdi Syalman ◽  
Abd. Kahar Muzakkir
Keyword(s):  
Data Analysis ◽  
Qualitative Approach ◽  
Court Decisions ◽  
The South ◽  
Legal Research ◽  
Legal Norms ◽  
Application Of Law ◽  
South Sulawesi ◽  
The Social ◽  
Administration And Supervision

This study aims to analyze the effectiveness of safeguard of the Police Intelligence against court decisions regarding the object of the dispute in South Sulawesi Province. This research uses an empirical study method which is also called sociological legal research because it sees the application of law as a factual condition in the social environment and its relationship with legal norms. This research was conducted in South Sulawesi Province, with 92 respondents. Data analysis in this study uses a qualitative approach, which processes the output of the questionnaire, and is presented in the form of frequency tabulation (F) and percentage distribution (%). The results of this study show that the safeguard of South Sulawesi Regional Police Ditintelkam in the execution process regarding the object of the dispute in South Sulawesi Province based on Perkap BIN No. 2 of 2013, can be assessed from four aspects, as follows: Safeguarding Targets; Safeguarding Implementation; Coordination and Administration; and Supervision and Controlling. Data acquisition of all indicators based on safeguard aspects of the South Sulawesi Regional Police Ditintelkam still shows less effective results. Seriousness is needed in increasing the safeguard effectiveness at the South Sulawesi Regional Police Ditintelkam to ensure the process of executing court decisions regarding the object of the dispute can be more effective in the future.

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