scholarly journals Konsep Perlindungan Nasab dalam Perspektif Hukum Islam

2021 ◽  
Vol 4 (1) ◽  
pp. 32-41
Author(s):  
Restu Ashari Putra ◽  
Reza Pahlevi Dalimunthe ◽  
Rizal Abdul Gani

Benefit as the core of maqâshid al-syariah has an important role in the development of Islamic law. Because Islamic law was revealed with the aim of presenting the benefit of humans, both in this world and in the hereafter. One of the benefits that are protected is the protection of lineage. Nasab is human nature, because humans have the instinct to regenerate. On the other hand, humans have the nature of obedience to God. So that the two natures accumulate in lineage protection. Lineage protection is concerned with quantity on the one hand, and quality on the other. The exact point proportions of the two are seen from the bounded realm of reality. Lineage protection is not only about regeneration, but also includes all intermediaries (wasilah) that support it, both in terms of quantity and quality. The purpose of this study is to find out what things can damage the lineage, such as adultery, incest marriage, prostitution and so on.

2003 ◽  
pp. 15-26
Author(s):  
P. Wynarczyk
Keyword(s):  
The Core ◽  

Two aspects of Schumpeter' legacy are analyzed in the article. On the one hand, he can be viewed as the custodian of the neoclassical harvest supplementing to its stock of inherited knowledge. On the other hand, the innovative character of his works is emphasized that allows to consider him a proponent of hetherodoxy. It is stressed that Schumpeter's revolutionary challenge can lead to radical changes in modern economics.


2013 ◽  
pp. 115-135
Author(s):  
I.M. Boguslavskij

We consider Russian coordinative constructions with paired conjunctions, such as i?i ?both?and?, ili?ili ?either?or?, ni?ni ?neither?nor?, ne tol'ko?no i ?not only?but also?, ne?a ?not?but?, etc. The paper presents a class of syntactic constructions, so-called asymmetric constructions, which are interesting in several respects. They are closely related to coordinative constructions, although they do not share their principal property - the identity of syntactic functions of coordinated elements. They take up an intermediate position between standard syntax and ungrammaticality. On the one hand, the sentence is within the grammatical norm. On the other hand, its structure underwent a deformation that left a trace. We propose a description that accounts for their closeness to and difference from standard - symmetric - constructions. Symmetric constructions with paired conjunctions are convenient to describe as a result of two transformations occurring in the semantic structure: Deletion and Transfer. Asymmetric constructions are obtained when only one of these transformations is applied. Accordingly, two subclasses of asymmetric constructions can be distinguished - ?Deletion-Without-Transfer? constructions and ?Transfer-Without-Deletion? constructions. The latter class has a strong pragmatic marking. The core of this class are ?failed? symmetric constructions. The speaker begins to build a symmetric construction but faces an obstacle of syntactic nature, which prevents him from completing this plan. ?Transfer-Without-Deletion? constructions constitute a legalized way of overcoming syntactic conflicts.


rahatulquloob ◽  
2021 ◽  
pp. 1-13
Author(s):  
Dr. Abdul Wadood Abed ◽  
Dr. Hedayatullah Modaqiq

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?


2018 ◽  
pp. 761-769
Author(s):  
Olga A. Ginatulina ◽  

The article analyzes the phenomenon of document as assessed in the study of value. To begin with, it poses a problem of contradictory axiological status of document in modern society. On the one hand, document is objectively important, as it completes certain practical tasks, and yet, on the other hand, documents and document management are receive a negative assessment in public consciousness. In order to understand this situation, the article analyzes the concept of ‘value’ and concludes that certain objects of the material world receive this status, if they are included in public practice and promote progress of society or human development. Although this abstract step towards a better understanding of values does not provide a comprehensive answer to the question of axiological nature of document, it however indicates a trend in development of thought towards analysis of the development of human nature. The document is an artifact that objectifies and reifies a certain side of human nature. Human nature is a heterogeneous phenomenon and exists on two levels. The first abstract level is represented by the human race and embodies the full range of universal features of humanity. The second level is the specific embodiment of generic universal human nature in specific historical type of individuals. Between these two levels there is a contradiction. On the one hand, man by nature tends toward universality, on the other hand, realization of his nature is limited by the frameworks of historical era and contributes to the development of only one side of the race. Accordingly, document has value only within a certain historical stage and conflicts with the trend of universal development of human nature, and thus receives a negative evaluation. However, emergence of a new type of work (general scientific work) will help to overcome this alienation between generic and limited individual human being, and therefore will make a great impact on the nature of document, making it more ‘human,’ thus increasing its value in the eyes of society.


Author(s):  
Harry Brighouse ◽  
Adam Swift

This chapter sets out the ways in which the family might be thought to pose problems for the liberal framework, and defends the adoption of that framework from the objection that it simply cannot do justice to—or, perhaps, fails adequately to care about—the ethically significant phenomena attending parent–child relationships. On the one hand, liberalism takes individuals to be the fundamental objects of moral concern, and the rights it claims people have are primarily rights of individuals over their own lives: the core liberal idea is that it is important for individuals to exercise their own judgment about how they are to live. On the other hand, parental rights are rights over others, they are rights over others who have no realistic exit option, and they are rights over others whose capacity to make their own judgments about how they are to live their lives is no less important than that of the adults raising them.


Architectura ◽  
2016 ◽  
Vol 46 (1) ◽  
pp. 72-103
Author(s):  
Elmar Kossel

AbstractFlorence suffered heavy destruction due to blasting by the german Wehrmacht in the area around the Ponte Vecchio in 1944. On the question of how the historic, in the core medieval buildings should be rebuilt, a vigorous debate was ignited, which also was intensively conducted in public. The debates core was about the question of wether the old center should be reconstructed exactly as it was or should a modern and contemporary solution be given priority. The art historian Bernhard Berenson and the archeologist Ranuccio Bianchi Bandinelli exemplified the position in the debate for the Florentine context. Linked to this discussion was also the question, how Italy would present itself after war and fascism as a new and democratic society. The built result can be seen as a compromise of these positions, as the new architecture is added in the center emphasized inconspicuousDespite the consistently negative reception, it was possible to dissociate oneself in two respects from this locally located variety of post-war modernity: On the one hand, the international architectural scene and, on the other hand, its own architectural heritage which is contaminated by fascism. The reference to its own architectural heritage and the very independent appropriation of international influences should remain the basic characteristic of the »Scuola Fiorentina« until the mid-1970s


2020 ◽  
Vol 1 (02) ◽  
Author(s):  
Heru Saiful Anwar ◽  
Safiruddin Al Baqi

Muslim scholars or scientists are currently faced with a dilemma of thought and actions in responding to the challenges of the globalization. On the one hand, the onslaught of western thought such as secularism and liberalism is very strong, while on the other hand they must maintain the principles of Islamic law. So that their actions do not come out of Islamic law, it is very important for Muslim scientists to understand the concept of Islamization of Science. The figure who initiated this thought was Prof. Syed Muhammad Naquib al-Attas who then continues until now, one of them is Muhammad Mumtaz Ali. Muhammad Mumtaz Ali's works related to the Islamization of Science emphasize the importance of prioritizing the Islamization of science for Muslim scientists. The spirit of Islamization must continue to be strengthened for the advancement of Muslims. The vision and mission of the Islamization of Science will be difficult to achieve if Muslims are not united to achieve it. All Muslim scientists in various fields of knowledge are expected to understand Islamic law well, so that the knowledge they spread will not conflict with the rules of Allah SWT.


Author(s):  
Михаил Асмус

Второй раздел статьи посвящён анализу образного мира Леонтия как одному из факторов, подтверждающих принадлежность текстов одному автору, а также выявляющих уровень риторической подготовки и мастерства проповедника. Анализ символических образов Леонтия (Церковь и Её священнодействия, Агнец Божий, Хлеб Небесный, царская власть Христа) демонстрирует, с одной стороны, его приверженность евхаристическому реализму и цельной экклезиологии, объединяющей тайносовершительную и социальную функции Церкви, с другой стороны - выявляет некоторую размытость границ между символом и передаваемой им реальностью, увлечение художественной завершённостью образа, которое иногда приводит проповедника к отступлению от отстаиваемых им же богословских положений. Сдержанность Леонтия в развитии идеи царской власти Христа по человечеству хорошо объясняется его дохалкидонским христологическим мышлением, а также тем, что проповедник находился под свежим впечатлением от ересей конца IV в. (Маркелл Анкирский) и их осуждения на II Вселенском Соборе. Последнее позволяет более уверенно датировать леонтиевский корпус концом IV - началом V в. Analysis of the symbolic images of Leontius (the Church and her sacraments, the Lamb of God, the Bread of Heaven, the royal power of Christ) demonstrates, on the one hand, Leontius’ commitment to Eucharistic realism and integral ecclesiology, uniting the sacramental and social functions of the Church, on the other hand, reveals some blurring of the boundaries between the symbol and the reality, and the fascination with the literary completeness of the image, which sometimes leads the preacher to deviate from the theological positions defended by him. The restraint of Leontius in the development of the idea of the royal power of Christ by His human nature is well explained by his pre-Chalcedonian Christology, as well as by the fact that the preacher was under a fresh impression of the heresies of the late 4th century (Marcellus of Anсyra) and their condemnation at the II Ecumenical Council. The latter makes it possible to more confidently date the Corpus Leontianum of the late 4th - early 5th centuries.


2020 ◽  
Vol 20 (2) ◽  
Author(s):  
Muhaimin Muhaimin

This study reviews the dichotomous concept of secular and shari’a laws. Such concept has led to new discourses: first, shari’a can influence national (modern) law without mentioning the Islamic framework in the formulation process. Second, the shari’a can stand on its own for particular religious groups who believe in its truth and place it in a higher position than the secular law. Third, the substance of shari’a and modern laws is integrable. This study uses an anthropological-sociological approach with Maqāṣid al-Sharī‘at framework. As a result, the study shows both national and regional legal products, on the one hand, are considered as the shari’a law as long as they are beneficial to and protect all people. On the other hand, the shari’a, which substantially reflects equality and fairness, can be claimed as modern law.     AbstrakStudi ini mengkaji konsep dikotomis hukum sekuler dan shari’a. Konsep tersebut melahirkan wacana-wacana baru: pertama, shari’a dapat mempengaruhi hukum nasional (modern) tanpa menyebutkan kerangka Islam dalam proses perumusannya. Kedua, shari’a dapat berdiri sendiri bagi kelompok agama tertentu yang meyakini kebenarannya dan menempatkannya pada posisi yang lebih tinggi dari hukum sekuler. Ketiga, substansi shari’a dan hukum modern terintegrasi. Penelitian ini menggunakan pendekatan antropologis-sosiologis dengan kerangka Maqāṣid al-Sharī‘at. Studi ini menyimpulkan bahwa produk hukum nasional dan daerah di satu sisi dianggap sebagai hukum shari’a selama bermanfaat dan melindungi semua orang. Di sisi lain, shari’a yang secara substansial mencerminkan kesetaraan dan keadilan dapat diklaim sebagai hukum modern.  


2021 ◽  
pp. 199-216
Author(s):  
Claire Mercier

This paper considers the graphic work of the Chilean artist Claudio Romo from a post-human perspective. Romo's work realizes an opening of imaginaries, above all, new configurations of human being, in order to reconsider the boundaries of human nature and propose a new humanism in relation to a new understanding of modernity. After a theoretical tour of post-humanism, especially of Rosi Braidotti's philosophical nomadism, the paper will approach the post-human bestiary that elaborates Romo, on the one hand, as a questioning of access to empirical realities and, on the other hand, as a presentation of potential life forms. The paper will conclude on the presence, in Romo’s work, of a new affirmative humanism, that is, the experimentation of new modes of subjectivization, as well as the approach of new modes of knowledge.


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