scholarly journals Recent Case: The Turkish Decision on Hagia Sophia

2021 ◽  
Vol 2 (1) ◽  
Author(s):  
Cem Tecimer
Keyword(s):  
Islamic Law ◽  
Religious Studies ◽  
Recent Case ◽  
Appellate Court ◽  
Court Ruling ◽  
Government Officials ◽  
Hagia Sophia ◽  
The Government ◽  
Friday Prayer ◽  
Kemal Ataturk

On July 2, 2020, a division of Turkey’s highest administrative appellate court annulled[reference_link 1] a 1934 presidential decision[reference_link 2] by Kemal Ataturk, founding president of Turkey, converting Hagia Sophia (tr. Aya Sofya) into a museum.  Days later, on July 10, 2020, Recep Tayyip Erdogan issued a decision[reference_link 3] based on the court ruling, restoring its status as a mosque open to worship and transferring its maintenance to the country’s Presidency of Religious Affairs. Following a Turkish administrative court ruling that revoked an earlier administrative decision (1934) converting the mosque into a museum, President Erdogan of Turkey was expected[reference_link 4] to restore Hagia Sophia’s status as a mosque.  Upon his decision to restore the site’s status as a mosque open to worship, Erdogan personally inspected[reference_link 5] the site and the preparations to have it ready for the Friday prayer on July 24, 2020. The government quickly named[reference_link 6] 3 imāms, one a professor of religious studies, for Hagia Sophia. On July 24, 2020, Erdogan, accompanied by top government officials and politicians, participated[reference_link 7] in the first Friday prayer at the site after a 86-year hiatus where he recited passages from the Qur’ān. 350,000 people are estimated[reference_link 8] to have been in attendance). For further context, see the Case Roundup on the Islamic Law Blog.[reference_link 9]

scholarly journals Hagia Sophia dan Kebangkitan Politik Islam di Turki?

POLITEA ◽  
2020 ◽  
Vol 3 (2) ◽  
pp. 153
Author(s):  
Umi Qodarsasi ◽  
Melina Nurul Khofifah
Keyword(s):  
Government Policy ◽  
General Public ◽  
Government Officials ◽  
Islamic Movements ◽  
Turkish Government ◽  
Turkish People ◽  
Hagia Sophia ◽  
Muslim Majority ◽  
Islamic Politics ◽  
The Government

<p><strong>Hagia Sophia and the rise of Islamic politics in Turkey. </strong>Erdogan’s decision to take over Hagia Sophia as a mosque has received any responses from various parties both those who supported and critized it, from the government officials to the general public. Some of Muslim-majority countries generally support the Turkish government policy. However, domestically, the debate over this decision devide Turkish people into religious and secular parties. This paper aims to identifies why the shifted of Hagia Sophia as a mosque has become a monumental event and how its impact toward the growing of Islamic movements in Turkey.</p>

scholarly journals KOMUNIKASI PEMBANGUNAN MELALUI MUSYAWARAH RENCANA PEMBANGUNAN (MUSRENBANG) KABUPATEN ACEH UTARA

2018 ◽  
Vol 2 (3) ◽  
Author(s):  
Jamal Mildad
Keyword(s):  
Mass Media ◽  
Islamic Law ◽  
Deviant Behavior ◽  
Religious Studies ◽  
Development Plan ◽  
Religious Leader ◽  
Religious Development ◽  
Religious Teaching ◽  
The Government

This study aims to find out the government commucation system throght Musrenbang (Musyawarah Rencana Pembangunan - Development Plan Discussion) in the devolopment  north Aceh community’s religiosity. The data were collected throght intensive imnterviews whit related figures, such as the head of North Aceh Bappeda, non-government organization leaders, north Aceh Community leaders, as well as the head of Ulama consultation Council (Majelis Permusyawartan Ulama) – MPU, who also is religious leader in North Aceh Regency. Data were also colleted through field observation. The study also revealed that the government communicates primerly (directly) with society through advice conveyed through Musrenbang, than the government communicates secondarily (indirectly) through mass media. The communicator of relegion to north Aceh society is the ulama, subdistrict and village personnels, MPU, religious and traditional figure. The government is facilitator  for society’s communication. The advice given are the elimination of vices, the upholding of Islamic law, the mastery of religious studies, and the strengthening of family. The result of north Aceh gavernment and society communication is not yet optimal. The quality of religion life as well as the infrastructure to increase this quality is not yet sufficient as society has’nt utilized the  mosque  optimally. Religious teaching as value is not yet understood, internalized, and acted upon by society in daily life. Negative and deviant behavior, far from religious, normative, and ethical injuctions, often occur. The problem above is due to stumbling blocks such as the weak human resource of development communicator. The reason is the limitation of fund for religious development be it in the physical aspects as well as the lack of society’s role in development. Keywords: Government Commucation, Development Plan Discussion, and Mass Media

The Emancipation of Europe's Muslims

2012 ◽  
Author(s):  
Jonathan Laurence
Keyword(s):  
Trade Unions ◽  
Western Europe ◽  
Government Officials ◽  
Critical Junctures ◽  
Muslim Immigrants ◽  
European Democracy ◽  
The Government ◽  
Muslim Communities ◽  
Integration Problems ◽  
Muslim Minorities

This book traces how governments across Western Europe have responded to the growing presence of Muslim immigrants in their countries over the past fifty years. Drawing on hundreds of in-depth interviews with government officials and religious leaders in France, Germany, Italy, the Netherlands, the United Kingdom, Morocco, and Turkey, the book challenges the widespread notion that Europe's Muslim minorities represent a threat to liberal democracy. The book documents how European governments in the 1970s and 1980s excluded Islam from domestic institutions, instead inviting foreign powers like Saudi Arabia, Algeria, and Turkey to oversee the practice of Islam among immigrants in European host societies. But since the 1990s, amid rising integration problems and fears about terrorism, governments have aggressively stepped up efforts to reach out to their Muslim communities and incorporate them into the institutional, political, and cultural fabrics of European democracy. The book places these efforts—particularly the government-led creation of Islamic councils—within a broader theoretical context and gleans insights from government interactions with groups such as trade unions and Jewish communities at previous critical junctures in European state-building. By examining how state–mosque relations in Europe are linked to the ongoing struggle for religious and political authority in the Muslim-majority world, the book sheds light on the geopolitical implications of a religious minority's transition from outsiders to citizens. This book offers a much-needed reassessment that foresees the continuing integration of Muslims into European civil society and politics in the coming decades.

Hukum Denda dalam Keuangan Publik Islam di Indonesia

2018 ◽  
Vol 12 (2) ◽  
pp. 313-328
Author(s):  
Fathul Aminudin Aziz
Keyword(s):  
Islamic Law ◽  
The State ◽  
Mutual Benefit ◽  
State Budget ◽  
The People ◽  
The Status ◽  
The Government

Fines are sanctions or punishments that are applied in the form of the obligation to pay a sum of money imposed on the denial of a number of agreements previously agreed upon. There is debate over the status of fines in Islamic law. Some argue that fines may not be used, and some argue that they may be used. In the context of fines for delays in payment of taxes, in fiqh law it can be analogous to ta'zir bi al-tamlīk (punishment for ownership). This can be justified if the tax obligations have met the requirements. Whereas according to Islamic teachings, fines can be categorized as acts in order to obey government orders as taught in the hadith, and in order to contribute to the realization of mutual benefit in the life of the state. As for the amount of the fine, the government cannot arbitrarily determine fines that are too large to burden the people. Penalties are applied as a message of reprimand and as a means to cover the lack of the state budget.

Pelaksanaan Peraturan Pemerintah No. 9 Tahun 1975 dalam Perspektif Sosiologi dan Antropologi Hukum Islam

2018 ◽  
Vol 1 (2) ◽  
Author(s):  
Muchimah MH
Keyword(s):  
Social Environment ◽  
Government Regulation ◽  
Islamic Law ◽  
Marriage Law ◽  
Anthropological Perspective ◽  
Government Regulations ◽  
The Social ◽  
The Government

Government Regulation No. 9 of 1975 related to the implementation of marriage was made to support and maximize the implementation of Law No. 1 of 1974 which had not yet proceeded properly. This paper examines Government Regulations related to the implementation of marriage from the perspective of sociology and anthropology of Islamic law. Although the rules already exist, some people still carry out marriages without being registered. This is anthropologically the same as releasing the protection provided by the government to its people for the sake of a rule. In the sociology of Islamic law, protection is a benchmark for the assessment of society in the social environment. Therefore the purpose of this paper is to find out how the implementation of marriage according to PP. No. 9 of 1975 concerning the Marriage Law in the socio-anthropological perspective of Islamic Law.

How to Tell the Truth without Outraging the Press?

MedienJournal ◽  
2017 ◽  
Vol 30 (2-3) ◽  
pp. 37
Author(s):  
Li Xiguang
Keyword(s):  
News Media ◽  
Public Affairs ◽  
Chinese Government ◽  
Government Officials ◽  
The Public ◽  
News Stories ◽  
The Press ◽  
The Media ◽  
The Government ◽  
Chinese News Media

The commercialization of meclia in China has cultivated a new journalism business model characterized with scandalization, sensationalization, exaggeration, oversimplification, highly opinionated news stories, one-sidedly reporting, fabrication and hate reporting, which have clone more harm than good to the public affairs. Today the Chinese journalists are more prey to the manipu/ation of the emotions of the audiences than being a faithful messenger for the public. Une/er such a media environment, in case of news events, particularly, during crisis, it is not the media being scared by the government. but the media itself is scaring the government into silence. The Chinese news media have grown so negative and so cynica/ that it has produced growing popular clistrust of the government and the government officials. Entering a freer but fearful commercially mediated society, the Chinese government is totally tmprepared in engaging the Chinese press effectively and has lost its ability for setting public agenda and shaping public opinions. 

The Arthur Crawford Scandal

2020 ◽  
Author(s):  
Michael D. Metelits
Keyword(s):  
Retirement Age ◽  
House Of Commons ◽  
Government Service ◽  
Government Officials ◽  
Modus Operandi ◽  
High Court ◽  
Secretary Of State ◽  
The Press ◽  
The Government ◽  
To Receive

The Arthur Crawford Scandal explores how nineteenth century Bombay tried a British official for corruption. The presidency government persuaded Indians, government officials, to testify against the very person who controlled their career by offering immunity from legal action and career punishment. A criminal conviction of Crawford’s henchman established the modus operandi of a bribery network. Subsequent efforts to intimidate Indian witnesses led to litigation at the high court level, resulting in a political pressure campaign in London based on biased press reports from India. These reports evoked questions in the House of Commons; questions became demands that Indians witnesses against Crawford be fired from government service. The secretary of state for India and the Bombay government negotiated about the fate of the Indian witnesses. At first, the secretary of state accepted the Bombay government’s proposals. But the press campaign against the Indian witnesses eventually led him to order the Government of India, in consultation with the Government of Bombay, to pass a law ordering those officials who paid Crawford willingly, to be fired. Those whom the Bombay government determined to be extorted were not to be fired. Both groups retained immunity from further actions at law. Thus, Bombay won a victory that almost saved its original guarantee of immunity: those who were fired were to receive their salary (along with periodic step increases) until they reached retirement age, at which time they would receive a pension. However, this ‘solution’ did little to overcome the stigma and suffering of the fired officials.

Reflections on the Acquisition of Land by Non-citizens in Botswana

2020 ◽  
Vol 8 (2) ◽  
pp. 185-204
Author(s):  
Boga Thura Manatsha
Keyword(s):  
Urban Areas ◽  
Land Policy ◽  
Government Officials ◽  
The Public ◽  
Legal Provisions ◽  
Media Reports ◽  
The Government ◽  
Tribal Land ◽  
Ownership Of Land ◽  
Land Transactions

There are rising public concerns about the acquisition of prime land by non-citizens/foreigners in Botswana, especially in the sprawling urban and peri-urban areas. Indians, Nigerians and Chinese, among others, are allegedly involved in such land transactions. There is a salient local resentment towards them and/or such transactions. Sensational media reports, emotive public statements by politicians, chiefs and government officials, and anger from ordinary citizens dominate the discourse. These emotive public debates about this issue warrant some academic comment. This article argues that the acquisition of land by foreigners in Botswana, in each land category—tribal, state and freehold—is legally allowed by the relevant laws. But this does not mean that citizens have no right to raise concerns and/or show their disapproval of some of these legal provisions. Aware of the public outcry, the government has since passed the Land Policy in 2015, revised in 2019, and amended the Tribal Land Act in 2018, not yet operational, to try and strictly regulate the acquisition of land by non-citizens. There is no readily available statistical data, indicating the ownership of land by foreigners in each land category. This issue is multifaceted and needs to be cautiously handled, lest it breeds xenophobia or the anti-foreigner sentiments.

The Impact of the Nicaragua Case on Matters of Evidence and Fact-Finding

2012 ◽  
Vol 25 (1) ◽  
pp. 149-156
Author(s):  
PAUL S. REICHLER
Keyword(s):  
United States ◽  
Armed Conflict ◽  
The United States ◽  
Pulp Mills ◽  
Government Officials ◽  
The Government ◽  
Fact Finding ◽  
Day To Day Operations ◽  
High Level ◽  
The Impact

AbstractThe Nicaragua case demonstrates the Court's competence in receiving and interpreting evidence, and in making reasoned findings of fact, even in the most complicated evidentiary context, as is often presented in cases involving use of force and armed conflict. The Court applied well-established standards for evaluating the conflicting evidence presented to it. In particular, the Court determined that greater weight should be given to statements against interest made by high-level government officials than to a state's self-serving declarations. The Court also determined that statements by disinterested witnesses with first-hand knowledge should receive greater weight than mere statements of opinion or press reports. In applying these guidelines, the Court found, correctly, that (i) the United States had used military and paramilitary force against Nicaragua both directly and indirectly, by organizing, financing, arming, and training the Contra guerrillas to attack Nicaragua; (ii) the evidence did not support a finding that the United States exercised direct control over the Contras’ day-to-day operations; and (iii) there was no evidence that Nicaragua supplied arms to guerrillas fighting against the government of El Salvador during the relevant period, or carried out an armed attack against that state. While Judge Schwebel's dissent criticized the last of these findings, in fact, the evidence fully supported the Court's conclusion. In subsequent decisions during the past 25 years, the Court has continued to rely on the approach to evidence first elaborated in the Nicaragua case and has continued to demonstrate its competence as a finder of fact, including in cases involving armed conflict (Bosnia Genocide) and complex scientific and technical issues (Pulp Mills).

The Distribution Mechanism of Subsidized Liquid Petroleum Gas in Sajad District West Kalimantan: An Investigation Based on Islamic Law

2021 ◽  
Vol 15 (1) ◽  
pp. 1-18
Author(s):  
Zarul Arifin
Keyword(s):  
Islamic Law ◽  
Small Business Owners ◽  
Government Regulations ◽  
West Kalimantan ◽  
Official Price ◽  
The Poor ◽  
Rich People ◽  
The Rich ◽  
The Government ◽  
Initial Survey

This research is based on an initial survey of the distribution of subsidized 3-kg LPG which I think is not right on target because it is full of fraudulent practices. In distributing LPG, it was found that many rich people still buy subsidized 3-kg LPG. In fact, according to government regulations, 3-kg LPG is intended for the poor economic community or small business owners. The problem that is the focus of this research is how the mechanism for distributing 3-kg LPG is in Sajad Regency, and how is the law on selling 3-kg LPG for the rich when viewed according to Islamic law. To answer these questions, data collection techniques were carried out through observation and interviews. The results of this study are 1) the distribution of 3-kg LPG is not in accordance with government regulations, namely the distribution of LPG prioritizes people who can afford it above the official price, while the poor can only get a small part of the official government price/national subsidy price, so there are more stock for sale at more expensive than the official price. 2) If viewed from Islamic law, the distribution of 3-kg LPG is not in accordance with the sharia business method because it is carried out by ignoring government regulations, namely traders are considered to have broken an agreement with the government regarding price determination. In addition, this buying and selling practice also lacks supervision, no sanctions and no law enforcement to maintain subsidy prices so that many sellers dare to violate contracts with the government and violate government regulations.

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