scholarly journals History of Hospitality Laws - Do Islamic and South Asian Legal History Have the same Approach? (A Comparative Approach of Sharīʿah & Law)

rahatulquloob ◽  
2020 ◽  
pp. 1-13
Author(s):  
Dr. Lutfullah . ◽  
Farhad Nazir
Keyword(s):  
South Asian ◽  
Legal History ◽  
Islamic Law ◽  
Comparative Approach ◽  
Human Beings ◽  
Analysis Technique ◽  
Peculiar Characteristic ◽  
Common Notion ◽  
Religious Teaching ◽  
History Of

Respect for guests and visitors, indeed, always remain a common notion of civilized nations; existing on this earth since its inception. This peculiar characteristic, of course, differentiates human beings from animal where the previous are rightly called social animals. The South Asian countries i.e. Pakistan, India, Bangladesh and Nepal are not different in this regard. Their history is always remained a solid evidence of their generosity towards the guests and visitors. Being remained under the rule of the Great Britain, these countries have the same legal history and legal spectrum for dealing tourists and visitors. However, this similarity in terms of hospitality laws is also owing to the similar teaching of their corresponding religions. Findings show that Islam, Buddhism and Hinduism have some common teaching regarding the respect of guests. While having deep sentiments for religious teaching, the residents of such states want the inculcation of religious guidelines in their legal system. Islamic law offers a comprehensive guideline for hospitality comparatively to other religions. Being an Islamic country, it is supposed that such guidelines should be followed while framing legislation for hospitality and tourism. However, study shows that much work is not done yet in this regard. Content analysis technique of qualitative research has been followed in the present work for the investigation of the issue.

Offenses Against Human Beings in Private and Public Law

2019 ◽  
pp. 34-44
Author(s):  
Eckart Otto
Keyword(s):  
Historical Development ◽  
Legal History ◽  
Public Law ◽  
Comparative Approach ◽  
Human Beings ◽  
Biblical Law ◽  
Literary Genres ◽  
Near Eastern ◽  
Private And Public ◽  
History Of

This chapter deals with the legal functions of law of different literary genres in the Hebrew Bible and their legal historical development within their societal “settings in life. It concentrates on laws of bodily injuries and homicide in a comparative approach with ancient Near Eastern law and asks for the influence of religion on the legal history of the biblical law of offenses against human beings and for trends of correlating law and narrative in the Pentateuch. Special attention is given to the origins of talionic retaliation in cuneiform law and to the efforts in biblical law already in the Covenant Code to check and repeal the talio.

scholarly journals PERBANDINGAN SISTEM HUKUM COMMON LAW, CIVIL LAW DAN ISLAMIC LAW DALAM PERSPEKTIF SEJARAH DAN KARAKTERISTIK BERPIKIR

2018 ◽  
Vol 25 (1) ◽  
pp. 98
Author(s):  
Farihan Aulia ◽  
Sholahuddin Al-Fatih
Keyword(s):  
Legal System ◽  
Legal History ◽  
Islamic Law ◽  
Common Law ◽  
Legal Systems ◽  
Legal Tradition ◽  
History Of ◽  
Legal Thinking ◽  
Anglo American ◽  
The Comparative Study

The legal system or commonly referred to as the legal tradition, has a wealth of scientific treasures that can be examined in more depth through a holistic and comprehensive comparative process. Exactly, the comparison of the legal system must accommodate at least three legal systems that are widely used by countries in the world today. The three legal systems are the Continental European legal system, Anglo American and Islamic Law. The comparative study of the three types of legal systems found that the history of the Continental European legal system is divided into 6 phases, while Anglo American legal history began in the feudalistic era of England until it developed into America and continues to be studied until now. Meanwhile, the history of Islamic law is divided into 5 phases, starting from the Phase of the Prophet Muhammad to the Resurrection Phase (19th century until nowadays). In addition to history, the authors find that the Continental European legal system has the characteristic of anti-formalism thinking, while the Anglo American legal thinking characteristic tends to be formalism and is based on a relatively primitive mindset. While the thinking character of Islamic Law is much influenced by the thought of the fuqoha (fiqh experts) in determining the law to solve a problem, so relatively dynamic and moderate.

KAJIAN HUKUM ISLAM TENTANG KAMPANYE POLITIK SEBAGAI PEMBELAJARAN AKHLAK

2019 ◽  
Vol 6 (1) ◽  
Author(s):  
Ahmad Syafi'i ◽  
Azmil Mukarrom
Keyword(s):  
Islamic Law ◽  
Verbal Abuse ◽  
Personal Relationships ◽  
Human Beings ◽  
Real Form ◽  
Norms And Values ◽  
Islamic Religion ◽  
National Leaders ◽  
History Of ◽  
The Ideal

This research is literacy based on moral teachings and democrative values of Indonesian national leaders and expert opinion is further combined with the history of Islamic politics in the days of friends whose teachings in Islam as a reference for adherents to faith and the applicable provisions in the al-The qur’an and the Hadith of the Prophet and the ijma’ the ulamas’ and Qiyas in the future which are the ideal foundation as human beings who obey and obey the rules of the Islamic religion along with the teachings of their humanity values, thus each person can play a good personal and balance of course is closely related to ethics in politics, campaigning to demonstrate Islamic law in the real form is not just camouflage because besides personal relationships to the community but also to the Divine who is certainly every prospective candidate pays attention to the norms and values in Islam when agreeing with him n displaying the best without elemens of disdain, verbal abuse and mutual defamation, the information conveyed to the community remains in terms of the program and planning that is well adhered to morally and morals virtue in Islam.

Transitivity Analysis in the text of the 1945 Constitution before the Amendment

2021 ◽  
Vol 2 (2) ◽  
pp. 315-321
Author(s):  
Elwyn Bastian Sinaga ◽  
Silvana Sinar ◽  
Eddy Setia
Keyword(s):  
First Amendment ◽  
Fourth Amendment ◽  
Research Data ◽  
The State ◽  
Human Beings ◽  
The Third ◽  
Second Amendment ◽  
Analysis Technique ◽  
History Of ◽  
Opening Section

The realization of the text of the 1945 Constitution became the history of the birth of the first constitution in the State of Indonesia. The 1945 Constitution text was then amended four times. The first amendment was in 1999. The second amendment was in 2000. The third amendment was in 2001. The fourth amendment was in 2002. Every amendment occurred in the contents section, but not in the opening section. The 1945 Constitution text is a tool for sharing or describing experiences with others. The meaning of the experience is realized in the text of the 1945 Constitution. There is also the purpose of this research, which is to describe the meaning of experience that is in the text of the 1945 Constitution. This research data is in the form of the 1945 Constitution text which has not been amended because it is fundamental and first. The theory used in this study is the Functional Systemic Linguistics (LSF) theory pioneered by Halliday (2014). Furthermore, to analyze the data using the analysis technique of the model of Miles, Huberman, and Saldana (2014). Based on the results of the study found, namely (1) there are six processes in the text of the 1945 Constitution which are dominated by material processes (2) there are three types of participant, namely participants based on the process, participants based on their numbers, and participants based on their form (3) there are the ten types of circumstant are dominated by circumumstan manner and there is no circumstant extent. It is intended that the text of the 1945 Constitution is generally constructed by a material verb along with a circumstance manner and summary angle, the participants of which are human beings.

scholarly journals STATUS ANAK DI LUAR NIKAH DALAM PERSPEKTIF SEJARAH SOSIAL

2016 ◽  
Vol 1 (1) ◽  
Author(s):  
Kudrat
Keyword(s):  
Nucleic Acid ◽  
Legal History ◽  
Islamic Law ◽  
Science And Technology ◽  
Constitutional Court ◽  
Social Approach ◽  
Private Rights ◽  
Islamic Jurisprudence ◽  
History Of

In literature of Islamic jurisprudence, children born outside marriage consider to have family line with their mother. It also has similarity with Indonesian’s law stating in the Marriage Act and the Compilation of Islamic Law. The significant changes occur after judgment of Constitutional Court No. 46/PUU-VIII/2010, stating that children outside of marriage have also family line with their father, as long as can be proofed biologically through science and technology and/or other evidences. This article use historical social approach to analyse a legal history of Constitutional Court judgment. The writer personally argues that Constitutional Court considers the welfare of children as justification of family line with father. The advance development in science and technology such as using Desoxyribo Nucleic Acid (DNA) can give evidence in searching the family’s line. This consideration gives a strong legal background for Constitutional Court to protect private rights of children born outside marriage. Abstrak. Dalam khazanah fikih Islam seorang anak yang lahir di luar nikah hanya mempunyai hubungan nasab dengan ibunya. Demikian pula dengan aturan hukum positif Indonesia dalam Undang-Undang Perkawinan dan Kompilasi Hukum Islam. Perubahan muncul pada Putusan Mahkamah Konstitusi Nomor 46/PUU-VIII/2010 menyebutkan bahwa anak yang lahir di luar nikah juga memiliki hubungan darah dengan laki-laki sebagai ayahnya, hubungan keperdataan dengan keluarga ayah selama dapat dibuktikan berdasarkan ilmu pengetahuan dan teknologi dan/atau alat bukti lain. Penelitian ini menggunakan pendekatan sejarah sosial untuk menganalisis histitorisitas munculnya putusan Mahkamah Konstitusi . Berdasarkan analisis penulis, Mahkamah Konstitusi menjadikan kesejahteraan anak sebagai alasan pembenaran hubungan keperdataan dengan dengan ayah biologisnya. Di samping itu juga kemajuan teknologi membantu membuktikan adanya hubungan antara anak dan ayahnya melalui tes DNA. Pertimbangan ini menjadi alasan kuat Mahkamah Konstitusi utuk melindungi hak-hak keperdataan bagi anak yang lahir di luar pernikahan. Kata kunci: status, anak, luar nikah

Juridical Pan-Islam at the Height of Empire

2021 ◽  
Vol 41 (2) ◽  
pp. 253-257
Author(s):  
Nurfadzilah Yahaya
Keyword(s):  
Nineteenth Century ◽  
Middle East ◽  
South Asia ◽  
Ottoman Empire ◽  
Legal History ◽  
Islamic Law ◽  
Late Nineteenth Century ◽  
Islamic Studies ◽  
History Of ◽  
Late Nineteenth

Abstract Located at the intersection of four regions, the Middle East, East Asia, Central Asia, and South Asia, Afghanistan is a country whose legal history is sure to be diverse and exciting at the confluence of multiple legal currents. In the book Afghanistan Rising: Islamic Law and Statecraft between the Ottoman and British Empires, Faiz Ahmed shows how Afghanistan could be regarded as a pivot for Islamic intellectual currents from the late nineteenth century onward, especially between the Ottoman Empire and South Asia. Afghanistan Rising makes us aware of our own assumptions of the study of Islamic law that has been artificially carved out during the rise of area studies, including Islamic studies. Ahmed provides a good paradigm for a legal history of a country that was attentive to foreign influences without being overwhelmed by them. While pan-Islamism is often portrayed as a defensive ideology that developed in the closing decades of the nineteenth century in reaction to high colonialism, the plotting of Afghanistan's juridical Pan-Islam in Ahmed's book is a robust and powerful maneuver out of this well-trodden path, as the country escaped being “landlocked” mainly by cultivating regional connections in law.

scholarly journals KSISTENSI HUKUM ISLAM DALAM PEMBENTUKAN HUKUM PIDANA DI INDONESIA

2018 ◽  
Vol 2 (1) ◽  
Author(s):  
Rossa Ilma Silfiah
Keyword(s):  
Criminal Law ◽  
Legal History ◽  
Islamic Law ◽  
Socialization Process ◽  
Positive Law ◽  
Material Sources ◽  
History Of ◽  
Islamic Values

ABSTRACTIndonesia is a legal country that has experienced such a long legal history process. The existence of law in Indonesia become a necessary in order to arrange the citizen life. Before the independence, Indonesia followed custom laws and religious laws of the society. One of them is Islamic law having lived among the Indonesian people before the freedom time. This Islamic law has lived along with the Custom Law in Indonesia and being obeyed by the society based on the awarness each individual. Therefore, it is not suprisingly that the Islamic and Custom laws have higher position than the Positive law taken from the colonial/west law. Thus, in formulating the National Law, the Islamic and Custom laws become the material sources stated in formulating a positive law. Moreover, the formulating of the National Law, including the criminal law, needs the contribution of the Islamic law as well as the Custom and West Laws. The history of criminal law development in Indonesia has filled with Islamic values, because the socialization process of the Islamic law integrated with the custom development in resolving the celriminal cases. Keyterms: The Existence of Islamic Law, Criminal Law, National Law.

Thomas Glyn Watkin, The Legal History of Wales

2007 ◽  
Vol 11 (3) ◽  
pp. 460-461
Author(s):  
George L Gretton
Keyword(s):  
Legal History ◽  
History Of

A Virtue for Courageous Minds

2012 ◽  
Author(s):  
Aurelian Craiutu
Keyword(s):  
Political Theory ◽  
French Revolution ◽  
Political Thought ◽  
Moral Virtue ◽  
Individual Liberty ◽  
History Of Political Thought ◽  
Common Notion ◽  
History Of ◽  
Benjamin Constant ◽  
Intellectual Foundations

Political moderation is the touchstone of democracy, which could not function without compromise and bargaining, yet it is one of the most understudied concepts in political theory. How can we explain this striking paradox? Why do we often underestimate the virtue of moderation? Seeking to answer these questions, this book examines moderation in modern French political thought and sheds light on the French Revolution and its legacy. The book begins with classical thinkers who extolled the virtues of a moderate approach to politics, such as Aristotle and Cicero. It then shows how Montesquieu inaugurated the modern rebirth of this tradition by laying the intellectual foundations for moderate government. The book looks at important figures such as Jacques Necker, Germaine de Staël, and Benjamin Constant, not only in the context of revolutionary France but throughout Europe. It traces how moderation evolves from an individual moral virtue into a set of institutional arrangements calculated to protect individual liberty, and explores the deep affinity between political moderation and constitutional complexity. The book demonstrates how moderation navigates between political extremes, and it challenges the common notion that moderation is an essentially conservative virtue, stressing instead its eclectic nature. Drawing on a broad range of writings in political theory, the history of political thought, philosophy, and law, the book reveals how the virtue of political moderation can address the profound complexities of the world today.

فلسفة العقوبة في الشريعة الإسلامية والقانون الوضعي عرض وموازنة Exposition and Comparison of the Philosophy of Punishment in Islamic and Positive Laws

2012 ◽  
Vol 9 (1) ◽  
Author(s):  
عبد المجيد قاسم عبد المجيد (Qasim Abdulmajid) ◽  
محمد ليبا (Liba)
Keyword(s):  
Islamic Law ◽  
The Other ◽  
Penal System ◽  
Human Beings ◽  
New School ◽  
Positive Law ◽  
Other Hand ◽  
Philosophy Of Punishment ◽  
Emerging Issues

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.

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