scholarly journals Debate on Status of Existing Non-Muslim’s Worship Places in Multi-faith Society

2021 ◽  
Vol 3 (02) ◽  
pp. 11-21
Author(s):  
Manahil Yaqoob ◽  
Farhana Mehmood
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Religious Freedom ◽  
Analytical Approach ◽  
Islamic Law ◽  
Significant Feature ◽  
Islamic State ◽  
International Media ◽  
The Status ◽  
Islamic Society

Islamic Law (Shariah) has granted fundamental human rights to Muslims and non-Muslims and safeguards their life and property by providing equal social justice. The significant feature of Shariah is to provide non-Muslims the freedom to exercise their religion in an Islamic state. The paper discusses non-Muslim’s worship places that are established in an Islamic society.  The objective of this research is to remove misunderstandings created by International media on current issues against Islamic teachings, Muslim jurists debate on Shariah perspective regarding the status of construction or erection of worship places. This present paper divided the debate on three major issues which are addressed by the Muslim jurist in today’s conflicting scenario. Firstly, Religious freedom to exercise non-Muslim’s faith in an Islamic state, secondly rulings for non-Muslim’s worship places on Islamic Lands, and lastly rebuilding and construction of non-Muslim’s worship places in a multi-faith society. A descriptive and analytical approach has been adopted for juristic opinions. The paper examines these debates by Muslim jurists of the Sunni school of thought and concludes that Shariah has granted non-Muslim’s right to construct or upright their worship places in their majority ruler area. A Muslim ruler may protect worship places of non-muslims and on the circumstantial requirement, he authorized to convert these places where necessary under the principles of Mashlaha Aama defined by the principles of Shariah.

scholarly journals Pengaruh Islamic Law System Terhadap Hukum Ekonomi Indonesia

2019 ◽  
Vol 4 (2) ◽  
Author(s):  
Tutik Nurul Janah
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Legal System ◽  
Islamic Law ◽  
Civil Law ◽  
Islamic State ◽  
Law System ◽  
Legal Norms ◽  
Economic Law ◽  
Civil Law System

Islamic Law System is generally applied in Islamic countries. An Islamic state is a country that uses Islamic law as the formal law of the state. Indonesia is a country with a dominant legal system using the Civil Law System. However, despite the dominant use of the Civil Law System, the Islamic Law System is also quite influential in Indonesia, especially in Privat law and economic law. The influence of the Islamic Law System in Indonesian economic law can be seen from the passing of the Law on Sharia Banking and other Legislation relating to Islamic economics. The dynamics of the speed of the needs of economic actors for legislation makes economic law the most dynamic field of law among other fields of legal study. Nevertheless, the legal norms must not be in conflict with human rights and humanity in order to achieve social justice for all Indonesian people.

scholarly journals THE CONCEPT OF RELIGIOUS FREEDOM: HISTORY AND MODERNITY

2020 ◽  
Vol 15 (1) ◽  
pp. 21-23
Author(s):  
Mariia Nesterova
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Dominant Role ◽  
Freedom Of Religion ◽  
National Interests ◽  
Important Place ◽  
Religious Traditions ◽  
Personal Rights ◽  
The Status ◽  
Human Rights Standards

The concept of religious freedom, the history of its development, the concept of religious freedom in acts of international organizations, as well as the legislation of Ukraine is considered. Human rights and freedoms do not depend on the socio-economic structure of the state and the level of its development. They should be provided to every person and guaranteed by the country. Constitution and national legislation. It should be noted that the relevance of the issue of international human rights standards (including religious freedom) has become much more acute for our country. No one should be subjected to coercion that diminishes his will to have or accept a religion or belief of his own choosing. Freedom to manifest religion or belief is subject only to restrictions established by law and necessary to protect public safety, order, health, and morals. The features of improvement and trends of changes in the understanding of religious freedom in different epochs and cultural and historical periods of the development of society are analyzed. For a meaningful understanding and clarification of all controversial issues related to the issues of freedom of religion, the origin and perception of it by thinkers and religious traditions of past centuries are considered. The problematic moments and promising achievements of the Ukrainian legislation in matters relating to religious freedom and the rights of believers are highlighted. Freedom of conscience and freedom of religion occupy an important place in the system of personal rights. Guaranteeing the equality of churches before the law, our state recognizes and abides by the provisions, none of them can claim a dominant role in society and the status of a state, and national interests should prevail over the interests of any religious organization.

scholarly journals Human rights in Muslim law: current issues

2021 ◽  
pp. 12-16
Author(s):  
I.I. Maryniv ◽  
K.R. Malik
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Skin Color ◽  
Islamic Law ◽  
Social Background ◽  
Positive Law ◽  
Muslim Countries ◽  
General Principles Of Law ◽  
The Law ◽  
Islamic Society

The article is devoted to the study of the peculiarities of the legal system of Muslim countries. The author analyzes the essence of the concept of human rights and freedoms in Muslim law, as well as comparative characteristics with the Western legal system. The general principles of law in the Muslim system, due to the peculiarities of its historical formation, establish the criteria of conformity of positive law to the values of a particular society, limiting the action of a law to generally accepted moral criteria. It is noted that certain aspects of Sharia have different meanings for followers of Islam and those who do not adhere to this faith. In a ratio religious and secular rules of conduct operate differently. The author points out that in the theory of Muslim law, all people are equal regardless of their social background, skin color or language. It also speaks of the equality of all before the law and the court, but in practice a completely different situation arises. The article analyzes the disrespect for women's rights and the fact that women are essentially unprotected in Islam. It is noted that human rights, which should be universal in nature, were neglected by delegates to the 1993 UN Human Rights Conference in Vienna. In view of this, Islamic society is faced with the question: either Islam and Sharia, or democracy and human rights. At the same time, no explanation was given as to why one should be chosen over the other. The author proposes to gradually incorporate Muslim law into the law of Western countries, but only with respect for the national and cultural peculiarities of the East. It also highlights the importance of developing categories of human rights in the Muslim legal system, taking into account the standards of the Western concept of human rights and conducting a detailed study of Islamic law, rather than simply adding Western notions of natural human rights to Muslim law.

scholarly journals IMMIGRATION DETERRENCE AGAINST INDONESIAN WHO AFFECTED BY RADICAL EXPERIENCES: ANALYSIS IN THE CONCEPT OF HUMAN RIGHTS

2019 ◽  
Vol 2 (1) ◽  
pp. 1-12
Author(s):  
Agung Joko Prasetyo ◽  
Frissilya Angelina
Keyword(s):  
Human Rights ◽  
Status Quo ◽  
Islamic State ◽  
Border Control ◽  
Government Regulations ◽  
Radical Group ◽  
The Status ◽  
Directorate General ◽  
And Control ◽  
The Impact

ISIS is a radical group in the name of Islam as a reference in acting, becomes a hot topic in the status quo due to the impact of its actions that can destroy and divide the Indonesian nation. The interance of ISIS is by the recruitment of closest people or family because in this way it is considered very effective in influencing. ISIS which enter Indonesia is mostly brought directly by Indonesian itself who previously lived/ worked abroad and has been indoctrinated with ISIS radical and with government regulations that forbid Indonesian citizens from being refused entry into their own countries making the spread of the Islamic State much more difficult to prevent and control their existence. It is stated in the Immigration Act which prohibits its citizens from being denied entry. It is a Government, especially the Directorate General of Immigration job, who has direct authority to regulate the crossing of every person entering and leaving Indonesian territory. Some challenges that are often found such as the use of "rat track" and the lack of supervision time at Immigration Border Control which is one of the challenges for the Immigration itself. Therefore, by upholding the conception of human rights which refers to the limitations on the sorting for every person who enters and exits the country is expected to maximize of surveillance and can reduce the impact of the ISIS understanding entry of the Pancasila Ideology, culture, public trust, especially Nation sovereignty.Keywords: Indonesian, Human Rights, Deterrence.  

scholarly journals Civic Rights in Charter of Madinah and International Human Rights Conventions: A Comparative Study

2020 ◽  
Vol 2 (2) ◽  
pp. 196-211
Author(s):  
Abdullah Abu Bakar ◽  
Rafiullah Qureshi
Keyword(s):  
Human Rights ◽  
Comparative Study ◽  
Religious Freedom ◽  
Self Determination ◽  
Islamic State ◽  
Historical Document ◽  
Current Time ◽  
The Past ◽  
International Conventions

حقوق الإنسان المدنية من خلال وثيقة المدينة: دراسة مقارنة بالمواثيق الدولية This research aims to give the reader a comprehensive view of civil human rights through a comparative study of the Charter of Medina and international conventions. The Charter of Medina designed the foundation of a multi-religious Islamic state in Medina, as it was signed to end the rancorous intertribal aggression among the opposing tribes of Banu ’Aws and Banu Khazraj in Medina and to uphold harmony and co-operation among all Medinan groups. Its major accomplishment was fetching confrontational clans together to form a community and inaugurating long term peace among them. It put an end to the predominant disorder and sheltered the life, self-determination, property and religious freedom for all people. The paper highlights the relevance and importance of civil human rights through the Charter of Medina as well as international conventions in the up-to-date worldwide civilization. The present research examines the historical document of Charter of Medina and elucidates it through examples from Quran and Sunnah as well as compares its core values with international conventions. In this regard the views of the past and contemporary scholarship are also discussed to analyze the challenges and issues of current time. In recent times the efforts and implications of civil human rights have unfolded in many different ways so it is very important for Muslims to know and to relate the Sharī’ah ruling regarding it. The research concludes that as compare to the international convections the system of justice in the Islamic Sharī’ah ensures all rights and with liabilities.

Post-islamism: features, processes and prospects

2021 ◽  
pp. 34
Author(s):  
Timur R. Khairullin
Keyword(s):  
Human Rights ◽  
Distinctive Feature ◽  
Islamic Law ◽  
Authoritarian Regimes ◽  
Modern World ◽  
Islamic State ◽  
Parliamentary Elections ◽  
Globalizing World ◽  
The Arab Spring ◽  
Islamist Movements

The article is devoted to the analysis of such an ambiguous phenomenon as Post-Islamism, which emerged as an alternative to the ideas of Islamism that were subjected to the crisis in the 1990s. A distinctive feature of Post-Islamic ideas is their compatibility with the principles of democracy in a globalizing world. Unlike Islamism, Post-Islamism focuses on the rights of an individual instead of his duties. However, these progressive ideas could not become a full-fledged replacement for Islamism, since the decline in its popularity at the end of the XX century turned out to be temporary. The success of a number of Islamist parties in the parliamentary elections at the beginning of the XXI century became a confirmation of this. The events of the Arab Spring have made significant adjustments to the ideological architecture of the region. In the wake of the fall of authoritarian regimes and the growth of democratic calls for the expansion of human rights and freedoms, Islamist movements from moderate to ultra-radical have intensified. Against the background of the victory of moderate Islamists in the parliamentary elections in Egypt, Tunisia and Morocco, they again started talking about the onset of a phase of Post-Islamism. However, the failures of the Islamists in achieving political power and creating an Islamic state are more a tactical shift in their policy than a strategic one. Few Islamist movements have abandoned their goal of creating an Islamic State with the full application of Islamic law. Since Islamism is ambiguous, the boundaries between it and post-Islamism are still blurred and inaccurate. Despite this, post-Islamism is a more intellectual discourse about Islam and its place in the modern world and society.

scholarly journals JIHAD, RELIGION WAR, AND TERRORISM IN ISLAM

2018 ◽  
Vol 3 (Number 2) ◽  
pp. 11-22
Author(s):  
Yusri Muhammad Arsyad
Keyword(s):  
Human Rights ◽  
Social Life ◽  
Islamic Law ◽  
Islamic State ◽  
The Sun ◽  
Historical Evidence ◽  
Human Rights Abuses ◽  
The Real ◽  
Self Defense ◽  
The Will

Jihad in Islam is not a war that is termed a "religious war” (al-harb al-muqaddasah) - as perceived by Westerners all along. However, Jihad is: any action accompanied by sincerity, every useful perseverance, and every firmness of faith in the soul, so that we are able to fight against the various challenges in this life, which continue to evolve all the time in our souls, and in our environment. Therefore Jihad is a fountain that never diminishes for every Muslim to drink and to serve as a source of strength and energy so it creates a perfect readiness in assuming a responsibility to submit to the will of Allah SWT based on awareness and belief. Indeed jihad is a form of preparedness for Muslims as a form of self-defense of the enemies of Islam for the establishment of Islamic law in Islamic social life in the Islamic State. The history has spoke since Islamic countries have never been peacefull, human rights abuses and wars as historical evidence shows. That the enemies of Islam in this hemisphere are very intelligent to turn facts with various ways and means owned. Yet the real terrorists are very clear, as clear as the sun in broad daylight.

scholarly journals Declarations and the Indonesian Constitution on Religious Freedom

2011 ◽  
Vol 49 (2) ◽  
pp. 361-392
Author(s):  
Alexius Andang L. Binawan
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
The State ◽  
New Order ◽  
Controversial Issues ◽  
Islamic State ◽  
Political Rights ◽  
Civil And Political Rights ◽  
Final Agreement ◽  
Islamic View

One of controversial issues in Indonesia regarding human rights is concerning religious freedom. There were two contradict opinions on the issue, i.e. those who preferred Indonesia as an Islamic state, with a consequence that there is only very limited religious freedom and those who preferred secular state with a wider religious freedom. Though finally Indonesia adopted Pancasila (five pillars) as the state ideology, as a mid-way between the two, final agreement on the problem is from being finalised as debates are still carried out. This paper is aimed at analysing how and where the ‘pendulum’ is swinging between two contrasting views since Indonesia has signed both the International Covenant on Civil and Political Rights and also the Cairo Declaration of Human Rights. I argue that during the New Order Indonesia, the pendulum on religious freedom swung closer to Islamic view.[Salah satu isu terkait Hak Asasi Manusia di Indonesia adalah mengenai kebebasan agama. Setidaknya ada dua cara pandang yang saling bertentangan, yaitu (1) yang menghendaki bentuk negara Islam, konsekuensinya adalah kebebasan agama sangatlah terbatas, dan (2) yang menginginkan negara sekuler yang mengindikasikan kebebasan agama lebih luas. Indonesia mengadopsi Pancasila sebagai ideologi negara dan sebagai jalan tengah antara kubu negara Islam dan sekuler, namun perdebatan mengenai bentuk negara tersebut terus saja bergulir. Artikel ini menganalisis bagaimana dan ke mana ‘pendulum’ bergerak di antara dua pandangan yang saling bertentangan di atas. Semasa Orde Baru, pendulum tersebut condong ke kubu Islam.]

On the Origins of the Office of Head of the Jews in the Fatimid Empire

AJS Review ◽  
1979 ◽  
Vol 4 ◽  
pp. 27-42
Author(s):  
Mark R. Cohen
Keyword(s):  
Legal Status ◽  
Jewish History ◽  
Islamic Law ◽  
Islamic State ◽  
Religious Minorities ◽  
Near Eastern ◽  
The Status ◽  
Similar Vein ◽  
Shed Light ◽  
Christian Denomination

Students of medieval Near Eastern Jewish history have long recognized the immediate relevance of Islamic legal sources delineating the status of dhimmīs (i.e., all non-Muslim protected peoples) to understanding the position of Jews in Islamic domains.1 Jews are rarely singled out in the sources relating to the legal status of the religious minorities. For instance, the extant versions of the so-called Pact of ‘Umar, the document which spells out the obligations and privileges of the dhimmī communities, specify Christians as the recipients. Hence inferences about the position of the Jews in Islamic law have perforce had to be drawn from records referring to dhimmīs in general, or to Christians in particular. relating to the legal status of the religious minorities. For instance, the extant versions of the so-called Pact of 'Umar, the document which spells out the obligations and privileges of the dhimmī communities, specify Christians as the recipients. Hence inferences about the position of the Jews in Islamic law have perforce had to be drawn from records referring to dhimmīs in general, or to Christians in particular. In a similar vein, attention has properly been paid to the fact that such documents as the important Caliphal charter for a twelfth-century Nestorian Catholicos, head of the principal Christian denomination in the eastern Islamic lands, shed light on the administrative relationship between the Islamic state and the Jewish minority.

scholarly journals Signifikansi Maqâsid al-Sharî‘ah sebagai Kerangka Berpikir Epistemik Ijtihad

2015 ◽  
Vol 8 (2) ◽  
pp. 316
Author(s):  
Sanuri Sanuri
Keyword(s):  
Social Sciences ◽  
Human Rights ◽  
Social Justice ◽  
Human Dignity ◽  
Islamic Law ◽  
Holistic Approach ◽  
Tenth Century ◽  
Methodological Framework ◽  
Philosophy Of Law ◽  
Universal Values

This paper focuses on the importance of <em>maqâs</em><em>id al-sharî‘ah </em>for the effectiveness of ijtihad in Islamic law. The emergence of controversies at the beginning of the tenth century AD on the issue of the closing of the gate of ijtihâd has resulted in the rigidity of Islamic law and its methodological framework. Along with these issues, some contemporary scholars on <em>maqâs</em><em>id </em>agreed that <em>sharî‘ah </em>law (al-Qur’ân) consists of partial (<em>juz’îyât</em>) and universal values (<em>kullîyyât</em>) that should be understood through a holistic approach in the frameworks of <em>maqâs</em><em>id</em>. Shift in the meaning and orientation of <em>maqâs</em><em>id al-sharî‘ah </em>in some contemporary Muslim scholars’ views, involving social sciences, philosophy of law, principles of morality, universality, social justice, human dignity, human rights, is a concrete manifestation of how Islamic law is able to provide answers to the current problems faced by the Muslim and non-Muslims community. This awareness has made contemporary Muslim thinkers strive to bring Islamic law into various achievements of progress in many aspects of life by emphasizing the importance of <em>maqâs</em><em>id al-sharî‘ah.</em>

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