scholarly journals اسلامی تصورِ احتساب اور عدلیہ پر اس کا اطلاق

Al-Duhaa ◽  
2021 ◽  
Vol 2 (02) ◽  
pp. 67-80
Author(s):  
Kh. Awais Ahmed Khawaja ◽  
Muhammad Arif Khan ◽  
Dr.Uzma Begum
Keyword(s):  
Significant Role ◽  
Islamic Law ◽  
The State ◽  
Islamic History ◽  
The Past ◽  
The World ◽  
The Law ◽  
The Right

Accountability has a very significant role in Islamic law. The process of accountability is very important for the amelioration of the state, society, family, and individual in the world. Some orders are issued for rectification and some matters are ordered to be avoided. The execution of these prohibited acts leads to accountability in society. Furthermore, many people are given powers to carry out the affairs of the state, the misuse of which can lead to great catastrophe. Hence, it is very critical to hold accountable those who hold these positions from time to time. One of these influential positions is that of the judiciary to which the Islamic concept of accountability is very substantial. Now the question is, what is the concept of accountability in Islam? And what was the exercise of accountability of the judiciary in the Qur'an and Hadith and Islamic history? This matter will be discussed in this manuscript. This research will refer to the introduction of accountability using authoritative citations to illustrate the Islamic concept of accountability, its sources, and strategies. How did accountability apply to the judiciary in Islamic history? Specimens are also included in this study and will be discussed. The importance of this research and its results will be disclosed in the conclusion. We will know that Islamic law has comprehensive laws of accountability, and how this sector has been kept on the right track by applying the law of accountability to the judiciary in the past.

scholarly journals Studi Kritis Terhadap Pemahaman Fahmi Basya Terkait Dengan Ayat-Ayat Negeri Saba

2020 ◽  
Vol 2 (1) ◽  
pp. 38-51
Author(s):  
Ahmad Fudoli Zaenal Arifin
Keyword(s):  
Qualitative Research ◽  
The State ◽  
The Past ◽  
Library Research ◽  
Scientific World ◽  
The World ◽  
The Right ◽  
Scientific Facts

Criticism is something that must be built in the scientific world. Because, in science there is no such thing as a definite truth. Criticism here to bring it in the right direction. Especially about the story of the past contained in the Qur'an. A story that is explained in it contains truth, lessons and teachings evidently undeniable for all creatures of Allah, for the happiness of the world and the hereafter. This study uses qualitative research in the form of library research, the author uses the approach of the theory of the Qur'an and Interpretation and the theory of Diltheiy thinking and interpretive writing ideas in Indonesia. Meanwhile, the collection of data by means of documentation, namely the book Indonesia Negeri Saba'by Fahmi Basya and also taken from various related sources. Furthermore, the analysis is done by reading and examining Fahmi Basya's understanding writing, which is written in his book. In summary, Fahmi Basya confirmed 14 comparative accounts of Indonesia and Yemen based on the Qur'an and 53 scientific facts which he discovered that Indonesia was the State of Saba'. Fahmi Basya's understanding is very contrary to the commentators at least caused by two problems. Finally, Fahmi Basya wants to prove that the State of Saba 'in the Qur'an in Indonesia. Based on the study of Fahmi Basya's understanding it was found that Fahmi Basya was not an expert in the field of the Qur'an and Tafsir. So, when he understands the Qur'an and reveals the results of his research in the community it needs to be reviewed. Seeing with the scientific viewpoints of the Qur'an, Fahmi Basya's interpretation seems to match his discoveries with the Qur'anic Verses. And forcing all that can be matched look for verses of the Qur'an.

scholarly journals The Influence of Classical Interpretation on the Law of Guarantees in the United Arab Emirates

2008 ◽  
Vol 22 (4) ◽  
pp. 335-358 ◽  
Author(s):  
Suhaimi Ab Rahman
Keyword(s):  
United Arab Emirates ◽  
Islamic Law ◽  
Muslim World ◽  
Legal Principles ◽  
The Past ◽  
Profound Influence ◽  
The World ◽  
The Law

During the past four decades, the world has awakened with the reassertion of Islamic law in the Muslim world. At this point, the reassertion also means the embedment of classical interpretations in modern law as they are regarded as part of Islamic law. The question that arises is how far these classical interpretations bind modern legislators and to what extent, if any, classical interpretations influence the development of modern legal principles. This article seeks to clarify these issues through the examination of the law of guarantees in the United Arab Emirates. Both classical and modern legal sources of the United Arab Emirates have been examined for the above purpose. The study demonstrates that classical interpretation has a profound influence in the development of the law of guarantees in the United Arab Emirates.

The Year in Review

1999 ◽  
Vol 2 ◽  
pp. 213-253
Author(s):  
Avril McDonald
Keyword(s):  
International Law ◽  
Hague Convention ◽  
The State ◽  
International Humanitarian Law ◽  
Past Century ◽  
Humanitarian Law ◽  
The Past ◽  
Geneva Conventions ◽  
The World ◽  
The Law

Nineteen ninety-nine was a year of taking stock. For humanitarian lawyers, this was facilitated by the fact that it was a year of anniversaries. As well as being the final year of the decade of international law, it was also the centenary of the first Hague peace conference and the first Hague Convention and the fiftieth anniversary of the 1949 Geneva Conventions, providing ample occasion for reflection on the successes and failures of this branch of international law over the past century. The tone of the various commemorative meetings was chastened rather than celebratory. As one commentator noted: ‘At the end of a century which has seen so much of war and in which the laws of war have proven so comparatively ineffectual, it seems obvious that that law must be seen as deficient and the record of the last hundred years be adjudged one of failure rather than achievement. (…) Yet the principle conclusion is not that the world needs new law, or different law, but that the law which we have needs to be made more effective.’The major developments in international humanitarian law have closely tracked a century that has seen society and the nature and aims of warfare change dramatically. Developments in the law have been reactive rather than anticipatory and have built on a model that was designed in response to imperatives that were different than those faced today and those that will be faced in the future. The time has long since passed in many countries when the state has a monopoly on violence. Entire societies have been militarised, and in many areas war has been ‘privatised’ as ‘mercenaries, rebels, mutinous gangsters emerge to exploit the decline of the state’.

scholarly journals Pemikiran Abdul Qadim Zallum tentang Majelis Umat dan Dewan Perwakilan Rakyat di Indonesia

2015 ◽  
Vol 4 (02) ◽  
pp. 443-466
Author(s):  
M. Syamsul Arifin
Keyword(s):  
Islamic Law ◽  
The State ◽  
The People ◽  
The Law ◽  
The Government ◽  
The Right

Abstract: This article describes the conception of Majelis Umat according to Abdul Qadim Zallum and conception of the DPR under the Constitution of 1945. In Abdul Qadim Zallum’s thought, the conception of Majelis Umat and the DPR basically is a representative of the people in each form of the state, but in conception of Majelis Umat the representativeness of race is limited, such as in the establishment of the law, a people representative of the non-Muslims can’t contribute to the perfection of the law because they are not representative for analizyng Islamic law, so is the Majelis Umat in his opinion (most votes) is not binding for the Caliph, with other words Majelis Umat don’t have any authority in law as having law is God. In the conception of DPR, any issues relating to the welfare of the people being their authority, certainly not without the approval of the President as the leader of the government. So the differences that really stands out is the authority of the Majelis Umat who are severely restricted by the Caliph and shari'ah law itself. While in DPR based on the Constitution of 1945, as long as not contrary to the basis of the country, DPR has the right to request the approval of the President.Keywords: Majelis Umat, the conception, DPR, Abdul Qadim Zallum

THE SPECIAL FEATURES OF THE INTERPRETATION OF THE SOCIO-POLITICAL DOCTRINE OF LIBERALISM IN THE WESTERN EUROPEAN, AMERICAN AND RUSSIAN TRADITIONS IN THE 18TH AND 19TH CENTURIES: COMMON AND SPECIAL

2020 ◽  
Vol 10 (6) ◽  
pp. 54-62
Author(s):  
VADIM ZUBOV ◽  
Keyword(s):  
United States ◽  
Western Europe ◽  
The United States ◽  
The State ◽  
Synthetic Methods ◽  
European American ◽  
The Past ◽  
The World ◽  
Western European ◽  
The Right

The article strives to conceptualize the basic ideas of liberalism, free from political sensitivities, emotional judgments and naive simplifications based on different methods and techniques of political and historical science, as well as general scientific approaches - a comparative historical method, a normative approach, an institutional approach, and analytical and synthetic methods. Defects of the interpretation of liberalism in Russia - opposition of “liberals” and “patriots”, domestic perceptions of liberalism as freedom in family, sexual and gender life, reduction of liberalism to the specific historical direction of post-Soviet liberalism are revealed in the paper. Furthermore, the author draws attention to the misunderstanding of liberalism in the United States: one of them refers liberalism to the social democracy, the other equates liberalism with the totalitarian teachings. In the light of the incorrect perception of liberalism in the world, the author formulates the purpose of the work as overcoming the misjudgement of liberalism by overcoming the false appreciation of liberalism by forming a concentrated view of the fundamentals of liberal socio-political teachings based on the views of leading thinkers in Western Europe, the United States of America and Russia in the 18th and 19th centuries. Which contributed significantly to the development of the fundamentals of liberalism. Predicated on the analysis of the ideas of Western European, American, and Russian liberal thinkers of the past, the author identifies common and special features of the interpretation of liberalism in different parts of the world over two centuries. Finally, the author concludes that the main features of the original liberalism are the basic points of the classical liberalism of the past centuries are the following points: 1) intelligent people should have unconditional personal, political and economic rights independent of the state; 2) there must be a system in the state that promotes justice and limits the state itself; 3) all people have the right to form a state and influences it.

Metodologi Pengeluaran Fatwa di Jawatankuasa Fatwa Negeri Johor

2018 ◽  
Vol 13 (1) ◽  
pp. 70-88
Author(s):  
Mohd Faez Mohd Shah ◽  
Norhidayah Pauzi
Keyword(s):  
Literature Review ◽  
Research Methods ◽  
Research Methodology ◽  
Research Method ◽  
Islamic Law ◽  
Field Research ◽  
The State ◽  
Original Source ◽  
Interview Methods ◽  
The Right

In the discipline of Islamic law research, strong proofing and clear Istinbat method are key pillars in the construction of Islamic law based on the application of the science of usul al-fiqh and maqasid al-shari'ah. However, what happens at the state of Johor’s fatwa institution is the opposite. The fatwa research methods applied by the Fatwa Committee of Johor in resolving current fatwa issues is not based on the right and true discipline of Islamic law research. In fact, current inputs related to fatwa issues are not explicitly stated in the method of determining the law either in the form of reality or scientifically verified. Therefore, this paper will discuss the fatwa procedures undertaken by the Fatwa Committee of Johor based on the methods applied in resolving current issues. The research methodology adopted is library and interview methods. This study shows that fatwa management and production in the state of Johor is placed under the jurisdiction of the Mufti of Johor’s Department. The methods adopted by the Fatwa Committee of Johor covers two methods, namely: internal research methods including literature review through the application of original source and proofs based on syarak. Second: field research method that includes an external review or going to the location of study such as conducting observation, questionnaires and interviews including referrals to specialists of different fields. Maslahah and mafsdah consideration are also implemented by the Fatwa Committee in every fatwa decision based on the standard that meets the interests of maqasid al-shari'ah. Keywords: Metode, fatwa, istinbat, usul al-fiqh, maqasid al-shari’ah ABSTRAK Dalam disiplin penyelidikan hukum Islam, kekuatan pendalilan dan kaedah istinbat yang jelas merupakan tunggak utama dalam pembinaan hukum Islam berasaskan kepada aplikasi ilmu usul al-fiqh dan maqasid al-shari’ah. Namun begitu, apa yang berlaku di institusi fatwa negeri Johor adalah sebaliknya. Kaedah penyelidikan fatwa yang diaplikasi oleh Jawatankuasa Fatwa Negeri Johor dalam menyelesaikan isu fatwa semasa tidak berasaskan kepada disiplin penyelidikan hukum Islam yang tepat dan sebenar. Malahan input-input semasa yang berkaitan dengan isu fatwa juga tidak dinyatakan secara jelas dalam kaedah penentuan hukum sama ada dalam bentuk realiti yang berlaku atau pembuktian secara saintifik. Justeru, kertas kerja ini akan membincangkan prosedur fatwa Jawatankuasa Fatwa Negeri Johor berdasarkan metode-metode yang diaplikasi dalam menyelesaikan isu-isu yang bersifat semasa. Metodologi kajian yang digunakan dalam kajian ini adalah melalui metode perpustakaan dan metode lapangan. Hasil kajian menunjukkan bahawa pengurusan dan pengeluaran fatwa di negeri Johor hanya terletak di bawah bidang kuasa Jabatan Mufti Johor. Metode fatwa yang diamalkan oleh Jawatankuasa Fatwa Negeri Johor merangkumi dua metode iaitu pertama, kaedah penyelidikan dalaman yang merangkumi kajian kepustakaan menerusi pengaplikasian dari sumber asas dan dalil-dalil syarak. Kedua, kaedah penyelidikan lapangan yang meliputi kajian luaran atau turun ke lokasi kajian seperti observasi, soal selidik dan temubual dan rujukan kepada pakar dalam bidang yang berlainan. Pertimbangan maslahah dan mafsdah juga dimplementasikan oleh Jawatankuasa Fatwa dalam setiap keputusan fatwanya berasaskan standard yang menepati kepentingan maqasid al-shari’ah. Kata kunci: Metode, fatwa, istinbat, usul al-fiqh, maqasid al-shari’ah

Maxims

2019 ◽  
pp. 654-669
Author(s):  
Donald R. Davis
Keyword(s):  
Islamic Law ◽  
Legal Interpretation ◽  
Legal Practice ◽  
Moral Foundation ◽  
Legal Principles ◽  
Legal Traditions ◽  
The World ◽  
The Law

This chapter examines the history and use of maxims in legal traditions from several areas of the world. A comparison of legal maxims in Roman, Hindu, Jewish, and Islamic law shows that maxims function both as a basic tools for legal interpretation and as distillations of substantive legal principles applicable to many cases. Maxims are characterized by their unquestionable character, even though it is often easy to demonstrate contradictions between them. As a result, legal maxims seem linked to the recurrent desire for law to have a moral foundation. Although maxims have lost their purchase in most contemporary jurisprudence and legal practice, categories such as “canons of construction,” “legal principles,” and “super precedents” all show similarities to the brief and limited collections of maxims in older legal traditions. The search for core ideas underlying the law thus continues under different names.

Giving effect to the human right to a clean environment in Botswana

2021 ◽  
Vol 23 (1) ◽  
pp. 23-39
Author(s):  
Tinashe Madebwe ◽  
Emma Chitsove ◽  
Jimcall Pfumorodze
Keyword(s):  
Environmental Protection ◽  
The State ◽  
Human Right ◽  
Environmental Rights ◽  
Environmental Deterioration ◽  
Clean Environment ◽  
The World ◽  
The Right

Environmental deterioration remains a concern in Botswana. Despite efforts being made to address this issue by the state, more needs to be done in this regard. This is particularly interesting in the light of reports that the country is looking to draft a new constitution. Against this backdrop, this article considers whether including environmental rights in Botswana’s constitution would advance environmental protection efforts. To this end, the article relies on experiences with rights drawn from different jurisdictions across the world, as well as commentary on these experiences, to build a tool for measuring the extent to which the turn to environmental rights holds value in a given jurisdiction. Using this tool, and drawing from experiences in looking to establish environmental rights in Botswana, the article measures the extent to which including the right in the constitution would hold value in advancing Botswana’s pursuit of environmental protection objectives.

THE PROBLEM OF ESTABLISHING THE CHILDʼS ORIGIN AND THE CHILDʼS RIGHT TO A FAMILY IN THE CONTEXT OF ISLAMIC LAW

2021 ◽  
pp. 205-211
Author(s):  
N.V. Kravchuk ◽  
Keyword(s):  
Islamic Law ◽  
Differential Regulation ◽  
The State ◽  
Muslim Countries ◽  
The Right

The review is focused on the issue of participation of the state in establishment of paternity and securing of the right in Muslim countries. Measures, adopted in this area, as noted, do not eliminate discrimination between children born in marriages and children born out of wedlock, but make their situation worse by allowing differential regulation of the same issue with regard to different groups of people.

scholarly journals Konsep Talak Menurut Ibnu Qayyim Al-Jauziyyah (Analisis Waktu Dan Jumlah Penjatuhan Talak)

2020 ◽  
Vol 20 (1) ◽  
pp. 95
Author(s):  
Jamhuri Jamhuri ◽  
Zuhra Zuhra
Keyword(s):  
Family Relationships ◽  
Islamic Law ◽  
Descriptive Analysis ◽  
Foster Family ◽  
History Of ◽  
The Law ◽  
The Right

Talak merupakan hukum yang disyariatkan bagi satu pasangan yang tidak mungkin lagi membina hubungan keluarga dengan baik. Peluang talak ini dapat dipilih oleh suami dengan memperhatikan tata cara dan prosedur yang sesuai dengan hukum Islam. Terdapat beberapa hukum yang ulama tidak padu dan berbeda pendapat, khususnya mengenai konsep talak dilihat dari sisi waktu dan jumlah penjatuhannya. Penelitian ini henda mengkaji pendapat Ibn Qayyim. Masalah yang didalami adalah bagaimana pandangan Ibnu Qayyim al-Jauziyyah terhadap konsep dan pengaruh hukum talak syar’i dilihat dari segi waktu dan jumlah penjatuhan talak, dan bagaimana metode istinbaṭ yang ia gunakan. Penelitian ini termasuk penelitian pustaka, data yang terkumpul dianalisis dengan cara analisis-deskriptif. Hasil penelitian menunjukkan bahwa menurut Ibn Qayyim al-Jauziyyah, konsep talak secara umum ada dua bentuk, yaitu talak dari segi waktu dan dari segi jumlah. Dari segi waktu, talak dilakukan saat isteri suci dan tidak digauli saat suci tersebut. Pengaruh suami yang menceraikan isteri saat haid dan telah digauli, itu diharamkan dan talak tidak jatuh. Dari segi jumlah, hak talak suami hanya ada tiga. Tiga jumlah hak talak tersebut digunakan secara bertahap, tidak bisa digunakan sekaligus. Pengaruh suami yang menceraikan isteri dengan talak dua atau tiga sekaligus, talak yang jatuh hanya dipandang satu kali. Adapun dalil yang digunakan Ibn Qayyim yaitu QS. al-Ṭalāq ayat 1, QS. al-Baqarah ayat 229, QS. al-Baqarah ayat 230, dan QS. al-Nūr ayat 6. Adapun riwayat hadis di antaranya hadis dari Nafi’ riwayat Abī Dāwud, dari Sa’di bin Ibrahim riwayat Muslim, dari Abdullah bin Ali bin Sa’ib riwayat Abī Dāwud, dan dari Ibn Wahab riwayat HR. Nasā’i. Metode yang digunakan Ibn Qayyim yaitu bayanī dan metode istiṣlāḥī. Talak is a law prescribed to one spouse that is no longer likely to foster family relationships well. The chance of this Talak can be chosen by the husband taking into account the ordinances and procedures according to Islamic law. There are some laws that scholars do not mix and differ, especially regarding the concept of Talak seen from the time and number of the allotment. This study has studied Ibn Qayyim's opinion. The issue in the matter is how Ibn Qayyim al-Jauziyyah's view of the concept and influence of the law is seen in terms of time and the number of a bailout, and how the Istinbaṭ method he used. This research includes the research of libraries, the collected data is analyzed in a descriptive-analysis way. The results showed that according to Ibn Qayyim al-Jauziyyah, the concept of Talak, in general, there are two forms, namely Talak in terms of time and in terms of number. In terms of time, the Talak was performed during the Holy Wife and not in the holy moment. The influence of the husband who divorced the wife during menstruation and has been held, it is haraam and the Talak does not fall. In terms of numbers, the right to the husband is only three. The three total rights of the Board are used gradually, not to be used at once. The influence of the husband who divorced the wife with a two or three talak at once, a talak that fell only considered one time. The evidence that Ibn Qayyim used is QS.  al-Ṭalāq verse 1,  Qs. Al-Baqarah verses 229,  Qs. Al-Baqarah verses 230, and  Qs. Al-Nūr verse 6. The history of Hadith includes hadith from  Nafi ' History of Abī Dāwud,  from Sa'di bin Ibrahim  Muslim history, from Abdullah bin Ali bin Sa'ib  abī dāwud history, and Ibn Wahab narrated by the history of the Christian. The method used Ibn Qayyim was bayanī and the method Istiṣlāḥī. 

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