scholarly journals PROBLEMATIKA GENDER DALAM ISLAM (Telaah Pendekatan Kontekstual)

2020 ◽  
Vol 8 (3) ◽  
pp. 426-440
Author(s):  
Ahmad Sahal Mubarok ◽  
Saekhoni Saekhoni ◽  
Ahmad Sirfi Fatoni
Keyword(s):  
Descriptive Analysis ◽  
Green Revolution ◽  
Modern Science ◽  
Contextual Approach ◽  
Men And Women ◽  
Women In Islam ◽  
The Government ◽  
The One ◽  
The Right ◽  
The Relationship

This article examines about gender problem by using a contextual approach. This approach means understanding Islam in accordance with the current situation, in this corridor of course the situation will always change, the situation past, present and future will definitely experience differences. Need to know carefully, until now gender issues still has a serious impact on the global arena. Why is that, because this issue is often clashed with religion dogmas, especially Islam religion which is the tendency to not generalize in its laws has subordinate the woman’s party. It appears in the matter of legacy and testimony distribution. This type of research is a qualitative research which has a descriptive analysis characteristic. As for the research results among others: 1) By using the contextual approach, talking about the relationship between men and women in islam in principle can be considered the same as talking around the parallel between the both of them. Because in the religion of Islam in principle the relationship between the both of sexes is equal before Allah as is evident in the surah Al-Hujura@t verse 13. In addition, the great mission of Islam is rahmatan li al-alamin; 2) The government policies including in the world of work, should pay serious attention to equal opportunities for both men and women in the supply of available employment opportunities regardless of gender construction, so that it will produce a justice without inequality. For example, a green revolution program designed without considering gender aspects, in which to harvest the rice is used by a sickle cutting system, not by ani-ani, even though that tool is attached to the women; 3) The Koran as a reference to the principle of society recognizes that the position of men and women is equal. The both of them are created from one nafs, which is the one has no advantage over the other. Even the Koran doesn’t explicitly explain that Hawa was created from Adam’s rib so that her status was lower. On that basis, the principle of the Koran for men and women is the same, where the right of the wife is recognized as equal to the right of the husband, including inheritance and testimony. The action that must be needed now is to bulid a proportional synthesis between the Koran, classical Islamic literature and modern science in order to reinterpret gender issue in depth which is the majority of his understanding is marginalize the women.

scholarly journals Court Judgement as a Jural Fact in Civil Law: Doctrinal Discourse and the Problem of Legal Formulations

2021 ◽  
pp. 240-262
Author(s):  
V. G. Golubtsov ◽  
Keyword(s):  
Civil Rights ◽  
Civil Law ◽  
Modern Science ◽  
Legal Regulation ◽  
Public Law ◽  
Procedural Law ◽  
The One ◽  
The Right ◽  
Substantive Law ◽  
The Relationship

Introduction: the role of the court judgement that determines civil rights and obligations remains not completely perceived in civil law. In the modern science of civil law, no definite theoretical views on this subject have yet been formed, except for those that were formulated in the period when the science was actively discussing the very fact of referring court judgements to jural facts of civil law. In the article, we address this issue through reviewing, analyzing and generalizing the existing scientific views, with inter-disciplinary aspects also involved. The scope of study includes the disputable issues of the legislative definition of the court judgement seen as the basis for the commencement of civil rights and obligations and also the analysis of methodological positions significant for the research. Purpose: while taking the theory of modificatory claims as what is recognized in the modern doctrine of civil procedural law, to investigate the right-establishing force of the court judgement defined by the legislator as a jural fact of civil law. Methods: the methodological framework of the research is based on the general scientific method of scientific cognition, which reflects the relationship between the doctrine and law enforcement, as well as methods of dialectics, analysis, synthesis, analogy, functional, interdisciplinary, and system approaches. Results: the article proposes a system of concepts with the court judgment in its civil law meaning of a jural fact of substantive law lying at the core. Based on this system, we can state that the relationship between such concepts as the ‘court judgement’ and the ‘jural fact of substantive law’ is to a greater extent speculative. It is not sufficient to explain a court judgement as the basis for the commencement of civil law relations only based on the theory of procedural law, which divides all claims into declarative and constitutive ones. We argue that the concept ‘court judgement’ in its substantive meaning has a dual civil law function: (1) in the meaning of its right-restorative function – as a result of the protection of a violated civil right, and (2) as one of the grounds for the establishment of civil rights and obligations resulting from a private person’s initiative and the court authority. The right of the court to deliver right-establishing judgements that become one of the legal regulation elements within civil law, is an exception to the general civil law rule implying the discretionary method of regulation, according to which the parties determine their rights and obligations by mutual agreement. Following the analysis of the doctrinal views on the concept of the court judgement in its substantive meaning, which many authors consider to be the one not corresponding to its broader procedural meaning, we justify the position that there are no obvious grounds for diagnosticating the alleged contradiction between substantive and procedural legislation in terms of the logical scope of the ‘court judgement’ concept. It is more important to see the real legal meaning of this concept in the civil law reality, which involves a combination of the substantive law significance of a court judgement for establishing civil rights and obligations and the public law essence of this act, which is manifested not in private actions of the interested persons themselves but in unilateral actions of the court as a public law subject. We also formulated some methodological positions that could serve as theoretical guidelines for further research into the problem of the court judgement as one of the jural facts of civil law.

scholarly journals Endangering the principle of secularity with new legal solutions in the Republic of Serbia

2021 ◽  
Vol 55 (3) ◽  
pp. 751-770
Author(s):  
Miljan Lazović ◽  
Dušan Ilić
Keyword(s):  
Human Rights ◽  
Minority Rights ◽  
The State ◽  
Religious Communities ◽  
The Republic ◽  
The Government ◽  
The One ◽  
The Right ◽  
The Relationship ◽  
The Church

In this paper, the authors deal with the analysis of new antidiscrimination legal solutions proposed by the Ministry of Human and Minority Rights and Social Dialogue of the Government of the Republic of Serbia, which would redefine the relations between the state and the church. The focus of the research will be especially on those solutions that could threaten, on the one hand, the principle of secularity, and on the other hand, some of the fundamental human rights, such as the right to freedom of thought, conscience and religion. The solutions proposed by the amendments to the Law on Prohibition of Discrimination, it seems, could be problematic from the standpoint of guaranteeing certain fundamental human rights and freedoms, but also the autonomy of churches and religious communities. Some of the proposals made by the Ministry could be seen as an attempt to return the verbal offence to the Serbian legal system. Accordingly, the authors will try to re-examine the possible impact of changes in antidiscrimination legislation on the relationship between the state and the church, but also on the possible suppression of religious rights and freedoms in the Republic of Serbia in the coming period.

Strategi Pengembangan Kelompok Wanita Tani pada Optimalisasi Lahan Pekarangan di Desa Wonogiri

2018 ◽  
Vol 1 (1) ◽  
pp. 34-43
Author(s):  
Nindy Danisa Wulandari
Keyword(s):  
Government Regulation ◽  
Descriptive Analysis ◽  
Development Strategies ◽  
Women Farmers ◽  
Quantitative Descriptive Analysis ◽  
Self Reliance ◽  
The Government ◽  
Quantitative Descriptive ◽  
The One ◽  
Purposive Sample

Development of food security implemented to meet the human basic needs that provide benefits fairly and equitably based on self – reliance, and not contrary to public faith. Referring to the government regulation No 22 of 2009 concerning Food Consumption Diversification Acceleration (P2KP). However, it is not supported by the development of women farmers. The method use in this research is quantitative descriptive analysis using SWOT (Strength, Weakness, Opportunity and Treath). The samples in this study is the purposive sample. Result of a study showed the amount of income earned from the group of women farmers in the one month is 150,000/ members. Proper development strategies used in the development strategies used in the development KWT Melati is a Growth Oriented Strategy is very profitable strategy to seize opportunities with the strength. Pembangunan ketahan pangan dilaksanakan untuk memenuhi kebutuhan dasar manusia yang memberikan manfaat secara adil dan merata berdasarkan kemandirian, dan tidak bertentangan dengan keyakinan masyarakat. Mengacu pada Peraturan Pemerintah No 22 Tahun 2009 mengenai Percepatan Penganekaragaman Konsumsi Pangan (P2KP). Namun, hal ini tidak didukung dengan adanya pengembangan kelompok wanita tani. Metode yang digunakan dalam penelitian ini adalah deskriptif kuantitatif dengan menggunakan analisis SWOT (Strength, Weakness, Opportunity and Treath). Penentuan sampel dalam penelitian ini adalah dengan sampel purposive. Hasil penelitian menunjukan besaran pendapatan yang diperoleh dari adanya kelompok wanita tani dalam satu bulan adalah Rp.150.000/bulan/anggota. Strategi pengembangan yang tepat digunakan dalam pengembangan Kelompok Wanita Tani (KWT) Melati adalah Growth Oriented Strategy.

Tanggung Jawab Hukum Penilai Publik terhadap Laporan Penilaian Kegiatan Pengadaan Tanah bagi Pembangunan untuk Kepentingan Umum (Studi Atas Kantor Jasa Penilai Publik Toto Suharto)

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Gagah Yaumiyya Riyoprakoso ◽  
AM Hasan Ali ◽  
Fitriyani Zein
Keyword(s):  
Future Development ◽  
Public Interest ◽  
Legal Responsibility ◽  
Legal Research ◽  
The Public ◽  
The Government ◽  
Conducting Research ◽  
The Right ◽  
The Relationship ◽  
Systematic Explanation

This study is based on the legal responsibility of the assessment of public appraisal reports they make in land procurement activities for development in the public interest. Public assessment is obliged to always be accountable for their assessment. The type of research found in this thesis is a type of normative legal research with the right-hand of the statue approach and case approach. Normative legal research is a study that provides systematic explanation of rules governing a certain legal category, analyzing the relationship between regulations explaining areas of difficulty and possibly predicting future development. . After conducting research, researchers found that one of the causes that made the dispute was a lack of communication conducted between the Government and the landlord. In deliberation which should be the place where the parties find the meeting point between the parties on the magnitude of the damages that will be given, in the field is often used only for the delivery of the assessment of the compensation that has been done.

Storie di violenza in infanzia e adolescenza e prostituzione in etŕ adulta: quali legami?

2009 ◽  
pp. 93-112
Author(s):  
Emanuela Confalonieri ◽  
Cristina Giuliani ◽  
Alessandra Bongiana ◽  
Paola Pavesi
Keyword(s):  
Childhood Maltreatment ◽  
Life Histories ◽  
Descriptive Analysis ◽  
Sexual Exploitation ◽  
Sexual Revictimization ◽  
East Europe ◽  
The Social ◽  
Forced Prostitution ◽  
The One ◽  
The Relationship

- The present study, related to the one published some years ago (Confalonieri et al., 2004), is an investigation on forced prostitution and the related violence's types in immigrant women involved in streetwalking prostitution. Using the social records available by the Ufficio Stranieri (Comune di Milano), the purpose is to identify the presence of 1) childhood maltreatments or violence before the entry in sex exploitation market and 2) subsequent adult sexual revictimization from partners, pimps and clients. Data were analysed using phenomenological descriptive analysis. The relationship between childhood maltreatment and abuse and subsequent involvement in sex work is discussed comparing data and life histories of immigrant prostitutes coming from Nigeria and East Europe. The role played by social and contexual variables in sexual exploitation story are also considered.Key words: immigration, violence, prostitution, infancy, adulthood.Parole chiave: immigrazione, violenza, prostituzione, infanzia, etŕ adulta.

scholarly journals Konsep Khilafah Menurut Sayyid Quthb dan Taqiyuddin Al-Nabhani dalam Perspektif Syiasyah Syar’iyyah

PALAPA ◽  
2020 ◽  
Vol 8 (2) ◽  
pp. 244-284
Author(s):  
Nurhadi Nurhadi ◽  
Mawardi Dalimunthe
Keyword(s):  
Islamic Law ◽  
Descriptive Analysis ◽  
Data Sources ◽  
Primary Data ◽  
Legal Basis ◽  
Islamic World ◽  
The People ◽  
Qualitative Descriptive ◽  
The One ◽  
The Right

The purpose of this study is to find out the concept of khilafah according to Sayyid Quthub and Taqiyuddin al-Nabhani, differences and legal basis. This study is a library model, with primary data sources, the Zhilalal-Qur'anic Tafseer and Nizham Al-Hukmi Fi Al-Islam and qualitative descriptive analysis methods. The result is the thought of the concept of khilafah according to sayyid Quthub: 1). The concept of the ruler / caliph, that who becomes the ruler of the choice of the Muslims, acts in absolute freedom, but that person gets the authority because he constantly applies the law of Allah Almighty. 2). The Islamic government system, the Supra Nasional government (the unity of the entire Islamic world). 3). The pillars of his Islamic government: a). Justice of the ruler; b). People's obedience; c). Consultation between the people and the authorities. Thought of the concept of the Caliphate according to Taqiyuddin Al-Nabhani: 1). The concept of the ruler / caliph is a person who represents the Ummah in government affairs and power and in applying syara 'laws. 2). The system of government is khilafah. 3). The pillars of his Islamic government: a). Sovereignty in the hands of syara '; b). Power of the people; c). To appoint a legal Caliph fardlu for all Muslims; d). Only Khailfah has the right to carry out tabanni (adoption) against syara 'laws; e) The Caliph has the right to make constitutions and all other laws. The differences in the concept of khilafah are both: 1). According to Sayyid Quthub, if the ruler fails, then the ruler can be dismissed if the Muslims are no longer satisfied with him. This statement gives a signal that the people get rid of the rulers who no longer fulfill their functions (zhalim rulers). It is different from the opinion of Taqiyuddin al-Nabhani. An Amir al-mu'minin (Khalifah), even though he is responsible before the people and his representatives, but the people and their representatives are not entitled to dismiss him. Nor will the Caliph be dismissed, except when deviating from Shara law. The one who determined the dismissal was only the Mazhalim court. 2). The system of Islamic government according to Sayyid Quthub does not question any system of government in accordance with the system of conditions of society, but this government is characterized by respect for the supremacy of Islamic law (shari'ah). Whereas According to Taqiyuddin Al-Nabhani that the system of Islamic government is khilafah. 3). The pillars of Islamic government according to Sayyid Quthub and Taqiyyuddin al-Nabhani, points three parts a and b at the above conclusions are: 1). Sayyid Quthub: a). Justice of the ruler; b). People's obedience; c). Consultation between the people and the authorities. 2). Taqiyyuddin al-Nabhani: a). Sovereignty in the hands of syara; b). Power of the people; c). To appoint a legal Caliph fardlu for all Muslims; d). Only Khailfah has the right to do tabanni (adoption) against the laws of shara; e). The Caliph has the right to make constitutions and all other laws. The legal bases for determining the Caliphate according to both: 1). The legal basis for the establishment of the Caliphate according to Sayyid Quthub: 1). Ruler, Qur'an Surah (2) al-Baqarah verse 30; 2). Islamic Government System, Qur'an Surah (24) an-Nur verse 55; 3). Pillars of Islamic Government, Qur'an Surah (4) an-Nisa 'verse 58. 2). The legal basis for the establishment of the Caliphate according to Taqiyyuddin al-Nabhani: 1). Ruler, hadith of Muslim history from Abu Said Al khudri, Hadith no. 1853 and Muslims from Abdullah Bin Amru Bin Ash, Hadith no. 1844; 2). Islamic Government System, Al-Qur'an surah an-Nisa '(4) verse 59, an-Nisa' (4) verse 65. Muslim, saheeh Muslim, volumes, 3 pp., 1459 and 1480; 3). Islamic Pillars of Government al-Qur'an surah An-Nisa (3) verse 65, and Surah An-Nisa (3) verses': 5.

scholarly journals The Impact of Gadget Use on the Aspects of Early Childhood Language Development during Covid-19

2021 ◽  
Vol 3 (1) ◽  
pp. 01-07
Author(s):  
Vebionita Megi Putri ◽  
Delfi Eliza
Keyword(s):  
Early Childhood ◽  
Language Development ◽  
Literature Study ◽  
Men And Women ◽  
Use Of Technology ◽  
Entire World ◽  
Learning At Home ◽  
The Government ◽  
The Impact ◽  
The Relationship

Children are generations or descendants as a result of the relationship between men and women, whether in marriage or not. Early childhood is an individual who is experiencing a period of very rapid growth, even though now the entire world is experiencing the Covid-19 pandemic, it is not an obstacle to children's development and growth. With the pandemic, the government is implementing learning at home, the use of technology media is the main key in online learning. This study aims to describe the impact of using gadgets in early childhood in the aspects of language development. This research was conducted using the literature study method in which journals, books and other sources reinforce this research.

scholarly journals Strategi Pemberdayaan Pengecer dan Penjual Tradisional dalam Meningkatkan Daya Saing terhadap Pasar Modern di Wilayah Tegal

2020 ◽  
Vol 5 (1) ◽  
pp. 27
Author(s):  
Ida Farida ◽  
Aryanto Aryanto ◽  
Sunandar Sunandar
Keyword(s):  
Research Method ◽  
Descriptive Analysis ◽  
Government Regulations ◽  
The Face ◽  
The Government ◽  
The Relationship ◽  
The City

Abstrak:. Tujuan penelitian ini adalah untuk mengetahui strategi pemberdayaan pengecer dan penjual tradisional dalam meningkatkan daya saing terhadap pasar modern di wilayah Kota Tegal. Dalam penelitian ini metode penelitian yang digunakan adalah analisis deskriptif. Penelitian ini menafsirkan dan menguraikan data yang bersangkutan dengan situasi yang sedang terjadi, sikap serta pandangan yang terjadi di dalam suatu masyarakat, pertentangan antara dua keadaan atau lebih, hubungan antar variable yang timbul, perbedaan antar fakta yang ada serta pengaruhnya terhadap suatu kondisi, dan sebagainya. Hasil penelitian dapat disimpulkan bahwa pengecer dan penjual tradisional di Kota Tegal memiliki banyak kelemahan dalam menghadapi persaingan dengan minimarket modern. Meskipun ada beberapa undang-undang dan peraturan pemerintah tentang perlindungan pengecer / penjual tradisional dalam menghadapi pasar modern, peraturan ini tidak berfungsi secara optimal. Pengecer dan penjual tradisional dalam menghadapi persaingan memiliki strategi agar tetap bisa bertahan. Namun, dalam menerapkan strateginya para pelaku mengalami bermacam-macam kendala dalam mengatasi kendala-kendala yang ada dibutuhkan dukungan dari pemerintah.   Kata kunci: Pengecer, Penjual Tradisional, Daya saing, Pasar modern   Abstract:  The purpose of this study was to determine the strategy of empowering traditional retailers and sellers in enhancing competitiveness of modern markets in the City of Tegal. In this research the research method used is descriptive analysis. This study interprets and describes the data concerned with the situation that is happening, attitudes and views that occur in a society, conflict between two or more conditions, the relationship between variables that arise, differences between existing facts and their influence on a condition, and so on . The results of the study concluded that traditional retailers and sellers in Tegal City had many weaknesses in facing competition with modern minimarkets. Although there are several laws and government regulations regarding the protection of traditional retailers / sellers in dealing with modern markets, these regulations do not function optimally. Traditional retailers and sellers in the face of competition have a strategy to stay afloat. However, in implementing the strategy the actors experienced various obstacles in overcoming the existing obstacles needed support from the government.   Keywords: Retailers, Traditional Sales, Competitiveness, Modern Markets

scholarly journals Evolution of the Concept of Citizenship in the Islamic Thought: An Analysis

2020 ◽  
Vol 2 (1) ◽  
pp. 121-141
Author(s):  
Osama Sami AL-Nsour
Keyword(s):  
The State ◽  
The Past ◽  
Islamic Thought ◽  
State And Society ◽  
The Government ◽  
The One ◽  
The Individual ◽  
Islamic Civilization ◽  
Political Economic ◽  
The Relationship

The concept of citizenship is one of the pillars upon which the modern civil state was built. The concept of citizenship can be considered as the basic guarantee for both the government and individuals to clarify the relationship between them, since under this right individuals can acquire and apply their rights freely and also based on this right the state can regulate how society members perform the duties imposed on them, which will contributes to the development of the state and society .The term citizenship has been used in a wider perspective, itimplies the nationality of the State where the citizen obtains his civil, political, economic, social, cultural and religious rights and is free to exercise these rights in accordance with the Constitution of the State and the laws governing thereof and without prejudice to the interest. In return, he has an obligation to perform duties vis-à-vis the state so that the state can give him his rights that have been agreed and contracted.This paper seeks to explore firstly, the modern connotation of citizenship where it is based on the idea of rights and duties. Thus the modern ideal of citizenship is based on the relationship between the individual and the state. The Islamic civilization was spanned over fourteen centuries and there were certain laws and regulations governing the relationship between the citizens and the state, this research will try to discover the main differences between the classical concept of citizenship and the modern one, also this research will show us the results of this change in this concept . The research concludes that the new concept of citizenship is correct one and the one that can fit to our contemporary life and the past concept was appropriate for their time but the changes in the world force us to apply and to rethink again about this concept.

Hell Disarmed? The Function of Hell in Reformation Spirituality

Numen ◽  
2009 ◽  
Vol 56 (2-3) ◽  
pp. 366-384 ◽  
Author(s):  
Tarald Rasmussen
Keyword(s):  
The Other ◽  
Protestant Reformation ◽  
Late Medieval ◽  
Ars Moriendi ◽  
Religious Importance ◽  
The One ◽  
The Right ◽  
The Relationship ◽  
Medieval Christianity

In Late Medieval Christianity, the concept of hell was closely connected to the sacrament of penance. Hell could be avoided through the right use of penance. And the cleansing sufferings in purgatory could to a certain extent replace the eternal sufferings in hell. The Protestant Reformation rejected purgatory, and returned to a traditional dualistic view of the relationship between heaven and hell. At the same time, hell seems to lose some of its religious importance in early Protestant spirituality. This change is illustrated through a comparison of two central texts belonging more or less to the same genre: on the one hand the famous Late Medieval illustrated Ars moriendi and on the other Luther's Sermon von der Bereitung zum Sterben from 1519.

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