scholarly journals شرائع سابقہ اور وضعی قوانین کی موجودگی میں اسلام کی ضرورت و افادیت اور امتیازات

Al-Duhaa ◽  
2020 ◽  
Vol 1 (02) ◽  
pp. 53-72
Author(s):  
Saleem Nawaz ◽  
Muhammad Ajmal Khan
Keyword(s):  
Comparative Study ◽  
Social Life ◽  
Islamic Law ◽  
Mutual Trust ◽  
Human Beings ◽  
Existing Problems ◽  
Modern Age ◽  
Statutory Law

Humans are a social being, social beneficiary and society oriented. They are in need of such a law that can harmonize temporal and spiritual aspects of their lives; protect their honour, lives and property; declare rights and duties of every individual to organize social life with mutual trust, cooperation and sence of sacrifice; and make individuals morally sound enough to make positive contributions in cultivation of virtues and eradication of evils in order to develop an ideal and a balanced society. This article has been written to trace out among the three contemporary laws (former shariahs, statutory law and Islamic law) which one has the capability to fulfill and satisfy the above mentioned demands of human beings at large. This article aslo finds out the limitations and lacks of former shariahs and statutory law; and explores that only Islamic law can address and resolve all existing problems, newly born issues and the challenges of rapidly varying time and age. An analytical and comparative study of former shariahs, statutory law and Islamic law led to the conclusion that only Islamic law has the capability to address all problems and issues of modern age, what human beings face in varying situations and circumstances with the passage of time; and It also gives comprehensive solutions to these issues, as the humanity is the pivot of Islam law

scholarly journals Hak Waris Pemohon Euthanasia Pasif menurut Hukum Islam (Studi tentang Maqāṣid al-Syarī‘ah)

2019 ◽  
Vol 3 (2) ◽  
pp. 438
Author(s):  
Fakhrurrazi M. Yunus ◽  
Amira Luthfiani
Keyword(s):  
Social Life ◽  
Islamic Law ◽  
Rapid Development ◽  
Human Beings ◽  
Passive Euthanasia ◽  
Family Assistance ◽  
The Social ◽  
The Family ◽  
Rapid Changes ◽  
Long Time

Such rapid development of science and technology lately resulted in such rapid changes in the social life of the human culture, one of which is medical field. But although there has been no progress there may be some problems that have not been solved by human beings, such as the discovery of drugs or a potent bidder to cure deadly diseases such AS AIDS, cancer, and other malignant diseases. These deadly diseases are a reason for someone to end his life from having to endure a long time ill one of them by asking for family assistance to end his life, which in medicine is called euthanasia. This research aims to determine how the position of passive euthanasia and birthright position for applicants of euthanasia passive according to Islamic law when viewed in terms of maqāṣid al-Syarī'ah. This research is done by collecting the library materials in the form of books, encyclopedia, and scientific works related to this discussion. The results of this study gave the answer that stopping the treatment, or releasing the organ and respiratory aids from the sick or euthanasia passive the law may but only in the case of the sick suffer the death of the brainstem. Because while using these tools is contrary to sharia teachings among them, postponing the management of dead and its funeral without emergency reasons, postponing the division of inheritance and resigning the time of his wife. Therefore, the birthright position for the heir or the family that asks or plea for passive euthanasia is not hindered by the heir. Because the passive euthanasia in this case is not classified as an act of murder.

scholarly journals PELAKSANAAN PERJANJIAN SEWA -MENYEWA KEBUN DI DESA POMPENGAN KECAMATAN LAMASI TIMUR TINJAUAN EKONOMI ISLAM

2017 ◽  
Vol 2 (2) ◽  
pp. 128-147
Author(s):  
H Muammar Arafat Yusmad ◽  
Puspa Puspa
Keyword(s):  
Social Life ◽  
Islamic Law ◽  
The Other ◽  
Human Beings

It is undeniable that leasing transactions are common in the community. Renting is basically permissible in Islam, because basically human beings are always constrained by limitations and shortcomings. Therefore, humans between one and the other are always bound and need each other, and renting is one of the applications of limitations that are needed by humans in social life. However, if viewed from the nature of speculative renting a garden, it means that there is no certainty whether the plantation will succeed or not at all produce in large or small quantities, then this element of uncertainty cannot be justified in Islamic law.

scholarly journals MAQASHID SYARI’AH SEBAGAI EPISTEMOLOGI PENDIDIKAN PANCASILA

2020 ◽  
Vol 8 (1) ◽  
pp. 76
Author(s):  
Ahmad Fahri Yahya Ainuri
Keyword(s):  
Social Life ◽  
Islamic Law ◽  
Collective Agreement ◽  
Human Beings ◽  
Religious Groups ◽  
Common Life ◽  
The Law

Abstract As Indonesian people, of course we are familiar with religious groups with transnational ideologies that are oriented towards replacing government systems with Islamic systems (Imamat / Khilafah) based on the Qur'an and Hadith. Actually there is nothing wrong with the group's vision because the khilahfah system is a product of ijtihad of the predecessor ulama and normatively does not contradict Islamic law. It's just that the effort to coerce to change the law which has become a collective agreement in a country can legally be said as an act of rebellion and the act is not constitutionally justified. To address this phenomenon, the writer wants to give an understanding that implicitly our country (Indonesia) has actually implemented laws that are in accordance with Islamic sharia because the Pancasila ideology which is used as a national and state paradigm is fully in line with the sharia maqashid as contained in the Koran 'and Hadith which fully aims to educate people to become human beings who are deified, humane, united, just manifested into a common life (social life). Keywords: Islamic maqashid, Epistemology, Pancasila Education. Abstrak Sebagai masyarakat Indonesia, tentu kita tidak asing dengan adanya kelompok beragama dengan ideologi transnasional yang berorientasi mengganti sistem pemerintahan dengan sistem Islam (Imamah/Khilafah) yang berlandaskan al-Qur’an dan Hadis. Sebenarnya tidak ada yang salah dengan visi kelompok tersebut karena sistem khilahfah merupakan produk ijtihad para ulama pendahulu dan secara normatif tidak bertentangan dengan syariat Islam. Hanya saja, usaha melakukan paksaan untuk merubah undang-undang yang sudah menjadi kesepakatan bersama dalam suatu negara secara yuridis bisa dikatakan sebagai tindakan pemberontakan dan tindakan tersebut tidak dibenarkan secara konstitusional. Untuk mensikapi fenomena tersebut penulis ingin memberikan pemahaman bahwa secara implisit negara kita (Indonesia) sebenarnya sudah menerapkan undang-undang yang sesuai dengan syari’at Islam karena ideologi pancasila yang dijadikan sebagai paradigma berbangsa dan bernegara sepenuhnya sejalan dengan maqashid syariah yang tertuang dalam al-Qur’an dan Hadis yang spenuhnya bertujuan untuk mendidik masyarakat menjadi manusia yang berketuhanan, berperikemanusiaan, bersatu, adil yang termanifestasi ke dalam kehidupan bersama (kehidupan sosial). Kata Kunci : maqashid syariah, Epistemologi, Pendidikan Pancasila.

scholarly journals آداب الحوار في القرآن الكريم والسنة النبوية صلى الله عليه وسلم

rahatulquloob ◽  
2018 ◽  
pp. 311-336
Author(s):  
Dr. Hafiz Muhammad Siddiq ◽  
Dr. Syed Bacha Agha
Keyword(s):  
Islamic Law ◽  
Current Paper ◽  
Primary Sources ◽  
Mutual Trust ◽  
Human Beings ◽  
Competent Person ◽  
Good Environment

Human beings are innately filled with prejudices and biases. Interaction of these biases and building alternative views involve dexterous efforts. The dialogue approach could be thought of as positive disposition to others which encourages the virtues of neighborliness, friendship and mutual trust and caring.The current paper discusses the importance of dialogue in every field of life, if there is any misunderstanding or controversies among individuals, communities, societies, and religions. Islam has emphasized on the dialogue for resolving the misconceptions. The present study defines dialogue literally and technically by denoting its legitimacy from primary sources of the Islamic Law. The present study mani-fests the differences of several terms relevant to dialogue such as Jidal and Munazarah. It also denotes some illustrations of dialogue from the Holy Qur’an and Ahadith of the Holy Prophet (PBUH).  The main focus of the article is on the ethics of dialogue in the light of Qur’an and Sunnah including the conditions and qualifications of a person, who is capable for dialogue in accordance attributes prescribes by Shari‘ah.. The conversation must be in a good environment and usage of the words, phrases, and statements have much more importance in the success of a perfect dialogue. The research concludes that an expert and competent person should be selected for such dialogues and recommends that such scholars should be trained in developing strong communication and debating skills in every situation.

COMPARATIVE STUDY ON GONO GINI'S ASSETS DUE TO A DEATH ACCORDING TO THE ISLAMIC LAW AND POSITIVE LAW

2019 ◽  
Vol 1 (1) ◽  
Author(s):  
Pardan Syafrudin
Keyword(s):  
Comparative Study ◽  
Common Property ◽  
Islamic Law ◽  
Positive Law ◽  
Community Property ◽  
Communal Property ◽  
Islamic Jurisprudence ◽  
Legal Restriction ◽  
The Common ◽  
Husband And Wife

The Common properties (community property) is an asset that the husband and wife acquired during the household lifes, which both of them is agree that after united through marriage bonds, that the property produced by one or both of them will be common property. It shows, that if there's an agreement between husband and wife before marriage (did not to unify their property), then the property produced both will not become a joint treasure. Thus, if a husband or wife dies, or divorces, then the property owned by both of them can be distributed in accordance with their respective shares, another case when the two couples are not making an agreement, then the property gained during marriage bonds can be divided into types of communal property. In Islamic law, this kind of treasure is not contained in the Qur'an or Sunnah. Nor in Islamic jurisprudence. However, Islamic law legalizes the existence of common property as long as it is applicable in a society and the benefit in the distribution of such property. In contrast to the positive law, this property types have been regulated and described in the Marriage Law, as well as the Islamic Law Compilations, which became the legal restriction in the affairs of marriage in force in Indonesia. In this study, the author tries to compile the existence of common property according to the Islamic law reviews and positive law.

Feminist Perspective in Shashi Deshpande's “That Long Silence”

2018 ◽  
Vol 6 (1) ◽  
pp. 8
Author(s):  
Mohammad Ahashan ◽  
Dr. Sapna Tiwari
Keyword(s):  
Gender Equity ◽  
Social Life ◽  
Fundamental Rights ◽  
Feminist Movement ◽  
Human Beings ◽  
Simone De Beauvoir ◽  
Equal Rights ◽  
And Gender ◽  
Set Up ◽  
Key Aspects

Man has always tried  to determine  and tamper the image of woman and especially her identity is manipulated and orchestrated. Whenever a woman is spoken of, it is always in the relation to man; she is presented as a wife , mother, daughter and even as a lover but never as a woman  a human being- a separate entity. Her entire life is idealized and her fundamental rights and especially her behaviour is engineered by the adherents of patriarchal society. Commenting  on the Man-woman relationship in a marital bond Simone de Beauvoir wrote in her epoch-making book entitled The Second Sex(1949): "It has been said that marriage diminishes man,  which is often true , but almost always it annihilates women". Feminist movement advocates the equal rights and equal opportunities for women. The true spirit of feminism is into look at women and men as human beings. There should not be gender bias or discrimination in familial and social life. To secure gender justice and gender equity is the key aspects of feminist movement. In India, women writers have come forward to voice their feminist approach to life and the patriarchal family set up. They believe that the very notion of gender is not only biotic and biologic episode but it has a social construction.

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.

scholarly journals Western Medical Rehabilitation through Time: A Historical and Epistemological Review

2014 ◽  
Vol 2014 ◽  
pp. 1-5 ◽  
Author(s):  
Andrea A. Conti
Keyword(s):  
Social Life ◽  
Complete Removal ◽  
Medical Rehabilitation ◽  
Western World ◽  
Human Beings ◽  
Physical Damage ◽  
Renaissance Period ◽  
History Of ◽  
Management Approaches ◽  
Everyday Reality

Medical rehabilitation is the process targeted to promote and facilitate the recovery from physical damage, psychological and mental disorders, and clinical disease. The history of medical rehabilitation is closely linked to the history of disability. In the ancient western world disabled subjects were excluded from social life. In ancient Greece disability was surmounted only by means of its complete removal, and given that disease was considered a punishment attributed by divinities to human beings because of their faults and sins, only a full physical, mental, and moral recovery could reinsert disabled subjects back in the society of “normal” people. In the Renaissance period, instead, general ideas functional for the prevention of diseases and the maintaining of health became increasingly technical notions, specifically targeted to rehabilitate disabled individuals. The history of medical rehabilitation is a fascinating journey through time, providing insights into many different branches of medicine. When modern rehabilitation emerges, around the middle of the twentieth century, it derives from a combination of management approaches focusing on the orthopaedic and biomechanical understanding of patterns of movement, on the mastering of neuropsychological mechanisms, and on the awareness of the social-occupational dimension of everyday reality.

Rethinking about Tribal Marriage, Family and Kinship of Chhattisgarh State (With special reference to tribes of base camp in Dantewada district)

2020 ◽  
Vol 23 (1) ◽  
pp. 23-32
Author(s):  
L.S. Gajpal
Keyword(s):  
Structural Change ◽  
Comparative Study ◽  
Special Reference ◽  
Social Life ◽  
Major Research ◽  
Research Project ◽  
Marriage And Family ◽  
Tribal People ◽  
Kinship System ◽  
Base Camp

Present paper is based on the findings of major research project “Tribal life in base camp and structural change.” Researcher has been try to find out what are the factor responsible for migration of large number of tribal people from native places to nearby the district and block head quarters. The study is focused on impact of migration on tribal marriage and family in base camp. A comparative study of social life of tribal people before coming in base camps and changes after boarding in base camps. The findings of the study show that due to naxal movement and residing in the base camp tribal marriage, family and kinship system is highly affected.

Targeting Worship Places: “A Comparative Study on International Humanitarian Law and Islamic Law”.

2021 ◽  
Vol 39 (- 2) ◽  
Author(s):  
Syed Raza Shah Gilani ◽  
Muhammad Haroon Khan ◽  
Muhammad Haseeb
Keyword(s):  
Comparative Study ◽  
Islamic Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The World ◽  
Religious Site

War and atrocities are not new to this world, Islamic law and IHL both have addressed this subject and have described the principle of warfare such as that the belligerents must minimize incidental harm to civilians and civilian objects including religious site, and that this limits the means and methods that they can use. Islamic law which comprises of sharia and fiqh discusses this subject but it is not codified. Islamic law has not yet been acknowledged when it comes to IHL -even article 38 recognizes general principles of nation as a source. Islam is the second largest religion in the world which mirrors the modern framework of IHL and is complementary to that regime.

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