scholarly journals Criminal Force: Review of Islamic Law in Contemporary Context

Fahm-i-Islam ◽  
2020 ◽  
Vol 3 (1) ◽  
pp. 19-38
Author(s):  
Dr. Zainab Ameen ◽  
Sana Zia

Like the limits of crime, crimes against human life and body are also very dangerous in terms of their effects, so the Qur'an has fixed their punishment for them. Islamic law has set specific punishments for it, and it does not allow any kind of crime to be reduced. These crimes have schakled the very basis of society and they have to be dealt with severely. The basic elements of society are the need to protect the structures on which the lives and deaths of society depend. These crimes can be basically divided into two types: 1.Crimes against human beings (e.g. murder) 2.Crimes against the human body. There is a long way to go around, and in the meantime, this kind of research is needed, the seriousness of which is far greater than the rest of researches. This article examined the crimes against humanity in the light of Islamic law.

Author(s):  
Ahmed Al-Boraie ◽  
Khaled Semeda ◽  
Mossad Abdul Salam ◽  
El-Tayeb Hassan El-Mahi Hussein

Decades ago, genetic engineering and human genome projects created a set of ethical, religious, and legal questions. Scientists have researched these issues and agreed on ethical values and regulations that must be applied to develop these research projects. Today, history is repeating itself due to the artificial intelligence techniques in human augmentation and the implantation of machines in the human body to enhance its biological capabilities and surpass human nature. The transhumanist movement promoted these technologies, designed supernatural humans, and achieved eternal immortality, so some freeze their bodies waiting for those technologies. The study focuses on the most important artificial intelligence technologies in human enhancement and capacity amplification. The study also focuses on transhumanist ideas towards these technologies and projects. In the end, the study clarifies the position of Islamic law regarding this project's ideas, the assertion that Islamic law supports therapeutic interventions that aim to restore the body to its natural state or close to it. At the same time, rejecting all interventions that aim to change the personality, the human identity, and the biological nature that God created human beings.


2016 ◽  
Vol 10 (1) ◽  
pp. 145-162
Author(s):  
Rahwan Rahwan

Talking about the environment, it means talking about the environment around us, covering the entire ecosystem. Environment consists of flora and fauna, biotic and abiotic (and inanimate objects). Life environment are interdependent with each other. Human small part of the environment. This environment will determine the fate of human life. Will provide a conducive environment and secure quality of life, on the contrary, if the environment is less conducive it will result in insecure or lacking in quality even really threaten the safety of humans and the entire ecosystem in the world. Fiqh as Islamic law governing the pattern of human relationships with God and neighbor, and also discuss the human relationship with the environment. The share issue fiqh in an effort to maintain harmonious environment by providing rules or code of ethics of human relationships with the environment. As the ban on harming the environment and the obligation of preserving the environment. This environmental management is based to the proposition - proposition tipsily, namely al-Qur'an, al-Hadith, and the general principles of law legeslasi. When fiqh took part in preserving the environment, then the whole mukallaf particular awareness of environmental issues related to land, air and sea. So they have a high concern for the environment. Giving rights owned by the environment, such as the right to life and the right to expand, not plunder and exploit. With so environment remain stable, beautiful and conducive. Along with other human beings be peaceful. Based on the above views of researchers seeks to conduct research in matters of environmental jurisprudence. With the aim of formulating a comprehensive environmental fiqh, systematic, and akuntebel and can deal with the issue of global warming.


2021 ◽  
Vol 5 (2) ◽  
pp. 1021
Author(s):  
Asrul Hamid ◽  
Dedisyah Putra

Islam, as a complete religion, regulates all human life. It regulates vertical ritual worship to Allah Almighty and regulates horizontal worship, namely the relationship between humans, so balance is needed in life. Humans as social creatures created by Allah need each other and cannot be separated from muamalah affairs such as buying and selling to fulfill their needs. Buying and selling is also a daily activity for everyone to meet the needs of their lives. Everyone who does buying and selling must know the law of buying and selling so that no one is harmed, especially the practice of buying and selling when Friday prayer are performed. Thus, the practice works under the provisions of Islamic law. Hablum minannas in the practice of muamalah towards fellow human beings must be in line with hablum minallah based on the guidance of Islamic law. Broadly speaking, Islamic law itself is divided into two; worship and muamalah. Muamalah is the rules (laws) of Allah Swt, intended to regulate human life in worldly affairs of a social nature. In this discussion, the author will explain the law of buying and selling during Friday prayer in Mandailing Natal Regency: a study with a maqashid al-syari'ah approach. This research is descriptive-analytical with the field study research through a normative, empirical approach. The results of this study is that the law of buying and selling that reaches the degree of urgency during Friday prayer is permissible with the aim of more significant benefit, namely protecting the soul (hifdzun an-Nafs) and (hifdzun al-Aql). This law applies in buying and selling medical drugs at pharmacies, hospitals, and other vital objects.


Author(s):  
Rüdiger Kunow

Recent advances in the fields of genomics and biotechnology have greatly expanded the discretionary autonomy of human beings over their bodies. Biology has so become a new and alluring terrain for the enlightenment project of self-realization and selffulfilment. These developments have been co-evolving with the global expansion of neoliberal capitalism. This article states that there is a common logic at work in both areas, leading not only to the emergence of a global market in biological materials but also to a re-calibration of the biology of human life into lively capital. For this reason, the new „freedom“ of constructing the body according to one’s own preferences and desires in a dialectical inversion entails new obligations and constraints. In the end, only the technologically enhanced human body is fit for the neoliberal world of social cut-backs and can avoid being consigned to a new, this time biologically defined underclass.


Author(s):  
Arieff Salleh Rosman ◽  
Nurrulhidayah Ahmad Fadzillah ◽  
Zulkiflee Haron ◽  
Mohd Nasir Ripin ◽  
Aminuddin Hehsan ◽  
...  

Modern medical science and technology innovates various treatment methods that require legal clarification in accordance with Islamic law. Fatwa institutions play a role in producing explanations and solutions that coincide with the objective of Islamic law (maqasid Syariah). Life preservation as one of the objective of Islamic law has a close relationship with medical science. The objective of this article is to analyze the relation of medical science with the the objective of Islamic law and to analyze the application of the objective of Islamic law in the modern fatwa related to medical sciences. This is a qualitative study using content analysis method. The findings show that medical science has a significant relationship with the achievement of the objective of Islamic law. Medical science based on Islamic law can fulfill the five basic needs that are the core of the objective of Islamic law. Medical science that cares for the health of individuals and societies help individuals and communities perform the perfect worship as well as the commitment of religious life with which it can safeguard muslim belief system. Medical science also safeguarding the safety of human life. Human intellect can only be maintained by practicing a healthy living culture. A healthy individual can build a healthy family and society to ensure the survival of human beings with which it can preserve the human descendants. Healthy community members can live productively to preserve their wealth.


2020 ◽  
Vol 35 (2) ◽  
pp. 361-368
Author(s):  
Jolanta Szarlej

The book “The Body […] is […] for the Lord, and the Lord for the Body” (1 Cor 6, 13). Biblical Foundations for the Theology of the Human Body by father prof. Tomasz Maria Dąbek OSB touches on a subject that is extremely significant for contemporary people and dramatically current in a world where, on the one hand, medical progress and inventing many new medicines have allowed us to radically prolong human life expectancy and facilitate social activisation of sick and handicapped persons, while on the other hand led to considering human organs as transplants and implants, “spare parts” of sorts (A. Litwińczuk, Ciało człowieka w kulturze. Przegląd zagadnień [Human Body in Culture. A Review]), which has led to “breaking up the integrity of the person.” If we add to this diagnosis the twentieth-century conceptions of the industrial body (e.g. the body of a factory worker or a soldier), considered in terms of efficiency, productivity, as well as the hedonistic body, subjected to the constant pressure of “the global culture of consumption” (A. Litwińczuk), it will appear that the threat of human beings becoming objectified becomes very real. All the circumstances listed above justify a return to elementary questions about the human nature in relation to the world, God, and other human beings. The answers are to be sought, among other places, in the Bible – a work of fundamental significance for the civilisation of the West – and Tomasz Dąbek’s publication offers useful help in this task.


2018 ◽  
Vol 3 (2) ◽  

Philosophy is a search for a general understanding of values and reality by chiefly speculative rather than observational means. It signifies a natural and necessary urge in human beings to know themselves and the world in which they live and move and have their being. Hindu philosophy is intensely spiritual and has always emphasized the need for practical realization of Truth. Philosophy is a comprehensive system of ideas about human nature and the nature of the reality we live in. It is a guide for living, because the issues it addresses are basic and pervasive, determining the course we take in life and how we treat other people. Hence we can say that all the aspects of human life are influenced and governed by the philosophical consideration. As a field of study philosophy is one of the oldest disciplines. It is considered as a mother of all the sciences. In fact it is at the root of all knowledge. Education has also drawn its material from different philosophical bases. Education, like philosophy is also closely related to human life. Therefore, being an important life activity education is also greatly influenced by philosophy. Various fields of philosophy like the political philosophy, social philosophy and economic philosophy have great influence on the various aspects of education like educational procedures, processes, policies, planning and its implementation, from both the theoretical and practical aspects. In order to understand the concept of Philosophy of education it is necessary to first understand the meaning of the two terms; Philosophy and Education.


IIUC Studies ◽  
2020 ◽  
Vol 15 ◽  
pp. 33-46
Author(s):  
Kalim Ullah

Human beings are deeply related to land. Human beings take birth on land, live on land, die on land and mixes with land ultimately. As stated in the holy Quran: ‘We (Allah) created you (human beings) from the soil, we shall make you return to the soil and We shall call you back again from the soil’ (20:55). Human life is surrounded by soil i.e. land. So, land is a highly completed issue of human life involving economic, social, political, cultural and often religious systems. Land administration is thus a critical element and often a pre-condition for peaceful society and sustainable development. In administrating land, Khatian or record of rights plays a vital role to determine the rights and interests of the respective parties as supportive evidence. In this article, discussion is mainly made on the fact that Khatian or record of rights is not a document of title solely but it may be an evidence of title as well as possession. IIUC Studies Vol.15(0) December 2018: 33-46


2015 ◽  
Vol 3 (2) ◽  
pp. 262-265
Author(s):  
Dr.Navdeep Kaur

Since its evolution environment has remained both a matter of awe and concern to man. The frontier attitude of the industrialized society towards nature has not only endangered the survival of all other life forms but also threatened the very existence of human life. The realization of such potential danger has necessitated the dissemination of knowledge and skill vis-a-vis environment protection at all stages of learning. Therefore, learners of all stages of learning need to be sensitized with a missionary zeal. This may ensure transformation of students into committed citizens for averting global environment crisis. The advancement of science and technology made the life more and more relaxed and man also became more and more ambitious. With such development, human dependence on environment increased. He consumed more resources and the effect of his activities on the environment became more and more detectable. Environment covers all the things present around the living beings and above the land, on the surface of the earth and under the earth. Environment indicates, in total, all of peripheral forces, pressures and circumstances, which affect the life, nature, behaviour, growth, development and maturation of living beings. Irrational exploitation (not utilization) of natural resources for our greed (not need) has endangered our survival, and incurred incalculable harm. Environmental Education is a science, a well-thought, permanent, lasting and integrated process of equipping learning experiences for getting awareness, knowledge, understanding, skills, values, technical expertise and involvement of learners with desirable attitudinal changes about their relationship with their natural and biophysical environment. Environmental Education is an organized effort to educate the masses about environment, its functions, need, importance, and especially how human beings can manage their behaviour in order to live in a sustainable manner.  The term 'environmental awareness' refers to creating general awareness of environmental issues, their causes by bringing about changes in perception, attitude, values and necessary skills to solve environment related problems. Moreover, it is the first step leading to the formation of responsible environmental behaviour (Stern, 2000). With the ever increasing development by modern man, large scale degradation of natural resources have been occurred, the public has to be educated about the fact that if we are degrading our environment we are actually harming ourselves. To encourage meaningful public participation and environment, it is necessary to create awareness about environment pollution and related adverse effects. This is the crucial time that environmental awareness and environmental sensitivity should be cultivated among the masses particularly among youths. For the awareness of society it is essential to work at a gross root level. So the whole society can work to save the environment.


Author(s):  
عبد المجيد قاسم عبد المجيد (Qasim Abdulmajid) ◽  
محمد ليبا (Liba)

تناولت هذه الورقة فلسفة العقوبة في الشريعة الإسلامية، وفلسفتها في القانون الوضعي، وتمت الموازنة بين الفلسفتين، وخلص العرض والموازنة إلى نتائج ملخصها أن مسألة عصمة الشريعة وسموها تعد علامة فارقة بين الشريعة الإسلامية والقانون الوضعي، هذه العلامة نتج عنها فروق كثيرة أولها أن العقوبة في التشريع الوضعي تكون تابعةً للهدف، فالهدف يوضع أولاً ثم تصاغ على ضوئه العقوبة، ولذلك كلما ظهرت مدرسةٌ جديدةٌ تؤسس لفكرٍ جديدٍ ظهر اختلافٌ في التشريع العقابي. بينما النظام العقابي الإسلامي ثابتٌ ومعصوم، وقد وُجدت الحاجة إلى معرفة أهدافه وفلسفته ليتسنى السير على مقتضاها فيما يستجد من وقائع، وأن سمو فلسفة العقوبة في الشريعة الإسلامية ينبع من سمو مصدرها، فواضع هذه العقوبات هو خالق البشر. بينما العقوبة في القانون الوضعي تعتمد في فلسفتها على خبرة واضعيها، وهي خبرة محدودة وأحكامها نسبية، لذا كان تطبيق العقوبات الشرعية أجدر حتى وإن لم يُدرَك كنه هذه العقوبات وفلسفتها. الكلمات الرئيسية: فلسفة العقوبة، القانون الإسلامي، القانون الوضعي، التشريع العقابي.******************************In this paper light is shed on the philosophy of punishment in Islamic and positive laws and a comparison between them is accomplished. In brief, the conclusion of the exposition and comparison is that issue of infallibility of SharÊ‘ah and its nobleness are the distinguishing marks between Islamic and positive laws. This led to further differences. The first difference is that the punishment in positive laws is in accordance with the stipulated goal, that is, the goal is set first and then the punishment is formulated in that light. That is why whenever any new school of thought appears based on some ideology, differences emerge in punitive legislation. Islamic penal system is, however, immutable and infallible. There is a need to know its objectives and wisdom so as to in order to tackle new emerging issues. The nobility of the philosophy of punishment in Islamic law stems from the nobility of its source and that is no one but the Creator of human beings. The punishment in the positive law, on the other hand, relies on the philosophy that is based on the experiences of the authors of these laws. And these experiences are limited and their rulings are relativistic. Applying Islamic legal punishments are, therefore, more legitimate, even though their essence and philosophy are not fully grasped.Key words: Philosophy of Punishment, Islamic Law, Positive Law, Punitive Legislation.


Sign in / Sign up

Export Citation Format

Share Document