scholarly journals TEORI KEADILAN DALAM PERSPEKTIF FILSAFAT HUKUM DAN ISLAM

2018 ◽  
Vol 14 (2) ◽  
pp. 27-44
Author(s):  
Muhammad Kurniawan Budi Wibowo
Keyword(s):  
Social Justice ◽  
Islamic Law ◽  
Human Life ◽  
General Concept ◽  
Legal Philosophy ◽  
Human Interest ◽  
Theory Of Justice ◽  
Divine Justice ◽  
The World ◽  
The Law

The existence of Islamic law in the world is to regulate human life, both as a person and as a member of society in order to behave according to the wishes of the Creator. This is different from the general concept of law which is only intended to regulate human life as members of society or in other word the law exists because of the conflict of human interest. Among the problems in the philosophy of Islamic law, the most frequent discourse is about the issue of justice in relation to the law. This is because the law or regulation must be fair, but in fact it is often not. This paper will describe this issue of justice from the perspective of legal philosophy and Islam. In the perspective of legal philosophy, the author will only parse the theory of justice Aristotle and John Rawl. Whereas in the perspective of Islamic legal philosophy, the author will parse the theory of the Muktazilah and Asyariyah divine justice, and the Islamic Maqasyid Theory as the ideals of Islamic legal social justice.

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.

scholarly journals Make It New! The Redeeming Modernism of Law and the Collapsing of Its Polarities

Pólemos ◽  
2019 ◽  
Vol 13 (1) ◽  
pp. 149-165
Author(s):  
Angela Condello ◽  
Luke Mason
Keyword(s):  
Legal Philosophy ◽  
Legal Practice ◽  
The World ◽  
Normative Practice ◽  
The Law

Abstract This article argues that law is an inherently modernist normative practice. Constructing a vision of Modernism which is at once an epistemology and an attitudinal disposition to doubt and make anew our assumptions about the world, the authors demonstrate that legal practice encounters the world through individual cases. Through these examples, the law is capable of both interacting with and comprehending that world, while also being forced to question the law’s own precepts and their application. In this manner, the law’s generalisations and abstractions become concrete, and can indeed be upended, through fleeting, impressionistic and highly case-specific examples. This exemplarity within law explains how law is able to navigate its apparently contradictory aspirations and natures which have bedevilled legal philosophy for millennia. In reality, law exists within a series of polarities, rather than contradictions, which are navigated through the law’s encounters with examples from the extra-legal world. The authors conclude that this aspect of the law’s nature also has practical consequences, requiring the law to maintain the fora in which new and novel cases are heard, and through which law’s modernist spirit can thrive.

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 Comparison of Maqasid al-Shari�ah asy-Syathibi and ibn �Ashur perspective of Usul al-Fiqh four mazhab

2020 ◽  
Vol 3 (2) ◽  
pp. 185
Author(s):  
Alfa Syahriar ◽  
Zahrotun Nafisah
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Human Life ◽  
Right To Life ◽  
Basic Rights ◽  
The World ◽  
Way Of Thinking ◽  
The Right

Islamic law is established to ensure that human interests related to basic rights inherent in their lives include: the right to life, descent, wealth, thought and respect, can be realized. According to the reality, the problems that arise related to these rights are very complex and sustainable. This consideration necessitates efforts to realize Islamic humanist law in the interests of human life. In Usul Fiqh there is the concept of maslahat, as a standard of how basic human rights can be ensured of their fullness and sustainability. And the theory of Maqashid al-Sharia is seen as quite effective in realizing benefit, which means it is a necessity to study the thoughts of al-Shathibi and Ibn Ashur, because both are seen as very influential figures in the development of Maqashid al-Sharia. Therefore, this study is intended to study in a qualitative-comparative way of thinking of the two figures using the Maqashid al-Sharia framework according to the Ulama of Ushul Fiqh of the Four Mazhab. The results of this study can be stated that the orientation of the theory of Maqashid al-Sharia according to al-Shathibi to realize the benefit of the world and the hereafter, while Ibn Ashur limits only the world. Furthermore, the theory of Maqashid al-Sharia al-Shathibi and Ibn Ashur in the review of Usul Fiqh of Four Mazhab can be stated still in the context permitted by Islamic Sharia.

scholarly journals PERLINDUNGAN HUKUM BAGI KORBAN TINDAK KEKERASAN SEKSUAL KAUM TUNARUNGU DALAM PRESPEKTIF HUKUM PIDANA

2020 ◽  
Vol 13 (2) ◽  
pp. 218-228
Author(s):  
Yulianti Ningsih Cahyani ◽  
Alfa Galih Verdiantoro ◽  
Febriyanti Uma
Keyword(s):  
Sexual Violence ◽  
Social Care ◽  
Islamic Law ◽  
Human Life ◽  
Legal Protection ◽  
People With Disabilities ◽  
Persons With Disabilities ◽  
Positive Law ◽  
The Law

AbstractVictims of sexual violence against persons with disabilities need legal protection through justice or social care, legislation is one of the references in the process of handling sexual violence because so far women have had difficulty in obtaining justice. With the aim of providing Islamic law in order to realize a better and fairer human life, as well as for the recovery of victims of sexual violence so that it can be accepted in the community and discrimination is not done which can make victims more traumatized. From the research that has been done that many people with disabilities who do not know the legal protection for them to avoid violence, harassment or taking away their rights are often ignored because of physical deficiencies, the positive law lies in the fact that the law is made and can be erased from everything acts that have been done by humans and are independent of the norms themselves.Keywords: legal protection; victims of violenceAbstrakKorban kekerasan seksual pada kaum difabel memerlukan perlindungan hukum baik melalui peradilan ataupun kepedulian sosial, perundang-undangan adalah salah satu rujukan dalam proses penanganan tindak kekerasan seksual karena selama ini perempuan sulit mendapatkan keadilan. Dengan tujuan memberikan penetapan hukum islam agar dapat mewujudkan kehidupan manusia yang lebih baik dan adil, sebagaimana untuk pemulihan pada korban kekerasan seksual agar dapat diterima dimasyarakat dan tidak dilakukannya diskriminasi yang dapat membuat korban menjadi lebih trauma. Dari penelitian yang telah dilakukan bahwa banyak kaum difabel yang belum mengetahui perlindungan hukum kepada mereka agar terhindar dari tindak kekerasan, pelecehan atau pengambilan hak mereka yang seringkali diabaikan karena dengan adanya kekurangan fisik, dalam hukum positif terletak pada fakta bahwa hukum dibuat dan dapat dihapuskan dari segala perbuatan yang telah dilakukan oleh manusia itu dan terlepas dari norma-norma itu sendiri.Kata kunci: korban kekerasan; perlindungan hukum

scholarly journals Karakteristik Hukum Islam Dalam Bidang Ekonomi

alashriyyah ◽  
2019 ◽  
Vol 5 (2) ◽  
pp. 18
Author(s):  
Ali Mutakin
Keyword(s):  
Islamic Law ◽  
Human Life ◽  
The World ◽  
Open Nature

Al-Qur'an and Hadith are sources of Islamic law that have regulated all dimensions of human life, both those related to worship and mu'amalah. Islamic law which is associated with the original worship is regulated globally (mujmâl) in the Qur'an, then explained in detail by the Sunnah of the Prophet and formulated by jurists into fiqh books. Explanation of the Islamic Law related with mu'amalah is limited to the main points. Explanation of the Prophet, not as detailed as in his explanation of worship. Thus, mu'amalah has an open nature, so it is possible to develop through ijtihad by experts. While the characteristics of Islamic law, especially in muamalah, are perfect, universal, elastic, dynamic, flexible and not rigid, ta'aqquli and ta'abbudi, prioritizing substance rather than form, and creating benefit and not making it difficult. Islamic law is present on this earth, aiming to create benefit for all humanities, both in the world and the hereafter.

MENEROPONG FILSAFAT HUKUM ISLAM

2020 ◽  
Vol 7 (2) ◽  
pp. 126-138
Author(s):  
Moh. Ismail
Keyword(s):  
Islamic Law ◽  
Scientific Discipline ◽  
Three Dimensions ◽  
Legal Philosophy ◽  
Literature Study ◽  
Basic Principles ◽  
The Law ◽  
The Ideal

Discussing the philosophy of Islamic law gives its own nuances to our scientific discipline. The study of Islamic legal philosophy does not merely discuss how the ideal basis of a law emerges, but rather leads to how a legal event occurs, the basic principles of establishing a law, and the values ​​of its benefits. This study is intended to analyze the philosophy of Islamic law from a review of ontology, epistemology and axiology. The results of this literature study show that Hasbi's discussion of Islamic legal philosophy was simplified into Tashri 'Philosophy, which discusses Mabadiu al-Ahkam (the basic principles of Islamic law), Ushul al-Ahkam (Juridical basis or the ideal basis of Islamic law), Qawaid al -Ahkam (principles of Islamic law), and others. Furthermore, the discussion forms the Shari'ah philosophy in which it describes Asrar al-Ahkam (secrets of Islamic law), Khasais al-Ahkam (specificities of Islamic law), and Mahasin al-Ahkam (beauties of Islamic law). Meanwhile, Muchlis Usman divides three models of methods used in the development of legal philosophy, namely: Pragmatic, Idealistic, and Comparative. They produce various methods in formulating Islamic law. Muhammad Ma'ruf al-Dawalibi divides the method of ijtihad in Islamic law into three groups. Namely the Bayani, Qiyasi, and Istislahi methods. The benefits of studying Philosophy are three dimensions of advantages, namely: Providing a foundation as well as directing the process of implementing the law based on Islamic teachings, Criticizing and correcting the methods and processes of implementing Islamic law, and evaluating the methods and processes of implementing Islamic law.

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.

scholarly journals PEMIDANAAN ANAK MENURUT HUKUM ISLAM DAN HUKUM PIDANA INDONESIA

2015 ◽  
Author(s):  
Adam Sani
Keyword(s):  
Human Resources ◽  
Restorative Justice ◽  
Rule Of Law ◽  
Justice System ◽  
Islamic Law ◽  
Criminal Offense ◽  
The Rule Of Law ◽  
The World ◽  
The Law ◽  
The Government

Children is that of Allah swt which exists to the world is on the nothing but (pure children as the youth is the successors to achieve struggles and human resources for the development of nasional. children need guidance and attention specifically, Especially their parents and the government to achieve the development of physical , mental and spiritual maximally .The rule of law against children a criminal offense in Indonesia arranged in act no. 3 year 1997 on court children later improved by the law no. 11 2012 about the justice system children .Hence , if the child a criminal offense therefore his is to be processed legally based on the bill. Law no. 11 2012 about judicial systems children prefer diversi in the form of restorative justice in terms of handle matter children proven to commit crimes. According to islamic law , children committing a commit crimes.Keyword: children,  islamic law, crimes law, of Indonesia

scholarly journals Poligami di Indonesia dalam perspektif CEDAW dan mazhab Shafi’i

2017 ◽  
Vol 17 (1) ◽  
pp. 61
Author(s):  
Qurrotul Ainiyah
Keyword(s):  
Gender Equality ◽  
Islamic Law ◽  
Religious Texts ◽  
Single Person ◽  
The World ◽  
The Law ◽  
The Mind

Convention on the Elimination of All Forms of Discrimination against Women or CEDAW’s paradigm ofthought is gender equality, women should be given rights as men in principles and rights in marriageincluding marriage approval, marriage dismissal, marriage guardian, and so on. Discrimination is anattitude that opposite of justice and must be eliminated. The source of the CEDAW’s concept paradigmof thought is mind, lustand feeling, and then the concept of CEDAW considered rational andMaslahah (good) enough. The Shafi’i paradigm is guiding the mind and heart based on religious texts.The religious prohibition have Madharat in the world and in the after life. If the world have not seen theMadharat, it will be feltin the after life. The Maslahah principle in CEDAW included al-Maslahah al-Mulghah, as it is contrary enough to the teachings of Islamic law contained in religious texts. In fact, anylaw that is contrary to Islamic law governed by religious texts is not Maslahah but Madharat and shouldbe abandoned even it is logical and good enough by the reason of thought. CEDAW uses Nash’sGuidelines that understand the Qur’an verse by considering Siyaq al-Kalam, so it interprets ‘fair’bythough of mindor in love and affection. Polygamy will no longer mu’asharah bi al-ma’ruf by causing thesuffering of wives. With the Sad al-Dhari’ah consideration, it will change the polygamy law from allowedor mubah to haram lighoirihi. Shafi’i madhhab uses the dalalah ‘ibarah’ which understands the Qur’anverse without considering siyaq al-kalam. The law of Haram li ghairihi on the permissibility of Polygamybased on Sad al-Dhari’ah is not applicable generally, and means that polygamy can not be judged as haramli ghairihi but keep see the conditions with the consideration of the single person condition.

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