Illat, Hilah, dan Hikmah Sebagai Pertimbangan Perubahan Hukum Islam

This research is substantively looking for the position of the meaning and benefits of a legal statement in Islamic fiqh. So as to find the root of the problem and the reasons for the stipulation of a law against mukallafin. This of course has to approach and consider asbab and eat the occurrence of an activity that is labeled the law by Shari '. So that the details of the rule of law in the context of the place can be explained and adjusted to the demands of the time. The use of theory in this study is to consider the opinions of the scholars (library research) by looking for details on the reasons for the enforcement of a legal instrument in a social community as well as the timing and circumstances of the law. The results of this study indicate that understanding the illat of law is a necessity in a consideration of Islamic law. Meanwhile, understanding the law and the wisdom of law, especially in terms of the role of changing a law according to time and place, is also something that cannot be avoided.

Illat, Hilah, dan Hikmah Sebagai Pertimbangan Perubahan Hukum Islam

This research is substantively looking for the position of the meaning and benefits of a legal statement in Islamic fiqh. So as to find the root of the problem and the reasons for the stipulation of a law against mukallafin. This of course has to approach and consider asbab and eat the occurrence of an activity that is labeled the law by Shari '. So that the details of the rule of law in the context of the place can be explained and adjusted to the demands of the time. The use of theory in this study is to consider the opinions of the scholars (library research) by looking for details on the reasons for the enforcement of a legal instrument in a social community as well as the timing and circumstances of the law. The results of this study indicate that understanding the illat of law is a necessity in a consideration of Islamic law. Meanwhile, understanding the law and the wisdom of law, especially in terms of the role of changing a law according to time and place, is also something that cannot be avoided.

Statement of the Independent Forensic Expert Group on Conversion Therapy

Conversion therapy is a set of practices that aim to change or alter an individual’s sexual orientation or gender identity. It is premised on a belief that an individual’s sexual orientation or gender identity can be changed and that doing so is a desirable outcome for the individual, family, or community. Other terms used to describe this practice include sexual orientation change effort (SOCE), reparative therapy, reintegrative therapy, reorientation therapy, ex-gay therapy, and gay cure. Conversion therapy is practiced in every region of the world. We have identified sources confirming or indicating that conversion therapy is performed in over 60 countries.1 In those countries where it is performed, a wide and variable range of practices are believed to create change in an individual’s sexual orientation or gender identity. Some examples of these include: talk therapy or psychotherapy (e.g., exploring life events to identify the cause); group therapy; medication (including anti-psychotics, anti- depressants, anti-anxiety, and psychoactive drugs, and hormone injections); Eye Movement Desensitization and Reprocessing (where an individual focuses on a traumatic memory while simultaneously experiencing bilateral stimulation); electroshock or electroconvulsive therapy (ECT) (where electrodes are attached to the head and electric current is passed between them to induce seizure); aversive treatments (including electric shock to the hands and/or genitals or nausea-inducing medication administered with presentation of homoerotic stimuli); exorcism or ritual cleansing (e.g., beating the individual with a broomstick while reading holy verses or burning the individual’s head, back, and palms); force-feeding or food deprivation; forced nudity; behavioural conditioning (e.g., being forced to dress or walk in a particular way); isolation (sometimes for long periods of time, which may include solitary confinement or being kept from interacting with the outside world); verbal abuse; humiliation; hypnosis; hospital confinement; beatings; and “corrective” rape. Conversion therapy appears to be performed widely by health professionals, including medical doctors, psychiatrists, psychologists, sexologists, and therapists. It is also conducted by spiritual leaders, religious practitioners, traditional healers, and community or family members. Conversion therapy is undertaken both in contexts under state control, e.g., hospitals, schools, and juvenile detention facilities, as well as in private settings like homes, religious institutions, or youth camps and retreats. In some countries, conversion therapy is imposed by the order or instructions of public officials, judges, or the police. The practice is undertaken with both adults and minors who may be lesbian, gay, bisexual, trans, or gender diverse. Parents are also known to send their children back to their country of origin to receive it. The practice supports the belief that non-heterosexual orientations are deviations from the norm, reflecting a disease, disorder, or sin. The practitioner conveys the message that heterosexuality is the normal and healthy sexual orientation and gender identity. The purpose of this medico-legal statement is to provide legal experts, adjudicators, health care professionals, and policy makers, among others, with an understanding of: 1) the lack of medical and scientific validity of conversion therapy; 2) the likely physical and psychological consequences of undergoing conversion therapy; and 3) whether, based on these effects, conversion therapy constitutes cruel, inhuman, or degrading treatment or torture when individuals are subjected to it forcibly2 or without their consent. This medico-legal statement also addresses the responsibility of states in regulating this practice, the ethical implications of offering or performing it, and the role that health professionals and medical and mental health organisations should play with regards to this practice. Definitions of conversion therapy vary. Some include any attempt to change, suppress, or divert an individual’s sexual orientation, gender identity, or gender expression. This medico-legal statement only addresses those practices that practitioners believe can effect a genuine change in an individual’s sexual orientation or gender identity. Acts of physical and psychological violence or discrimination that aim solely to inflict pain and suffering or punish individuals due to their sexual orientation or gender identity, are not addressed, but are wholly condemned. This medico-legal statement follows along the lines of our previous publications on Anal Examinations in Cases of Alleged Homosexuality1 and on Forced Virginity Testing.2 In those statements, we opposed attempts to minimise the severity of physical and psychological pain and suffering caused by these examinations by qualifying them as medical in nature. There is no medical justification for inflicting on individuals torture or other cruel, inhuman, or degrading treatment or punishment. In addition, these statements reaffirmed that health professionals should take no role in attempting to control sexuality and knowingly or unknowingly supporting state-sponsored policing and punishing of individuals based on their sexual orientation or gender identity.

“Manṭiqat al-Firāq”; A Shīʽī Economic Theory

“Manṭiqat al-Firāq”, a Shiite economic theory, points to an area in religion without a biding legal statement. This theory was presented by S.M.B. al-Ṣadr in his book Our Economy. According to the theory, religion has allowed the Islamic ruler to lay down rules and regulations in certain social matters, taking into account the rules and according to the needs of time. In his book, Ṣadr divides the economic school of Islam into two parts: The part Islam has laid down its laws and rules, and so they are unchangeable. The part Islamic State is responsible to determine the laws and it must lay down the law and order with regard to the needs of time. The latter has been called “Manṭiqat al-Firāq” by him, arguing the Prophet (PBUH) used to perform it as well and made legislations as the ruler of the society (not as the Prophet). In his opinion, this type of Prophet's laws is not permanent and stable in the Islamic school of thought. The present paper aims to review the theory and analyze Islamic scholars’ opinions concerning it. There are defenses and criticisms about the theory; e.g. some argue this theory expresses appropriate materials for treating both governmental and non-governmental narratives, but does not provide a criterion for separating them from each other. His evidences to prove the theory and his claims of contradictory between the theory and Qur’anic verses and narratives claiming the comprehension of Islam and its decrees, have been also criticized, which here fall at glance and discussion.

Comparative Jurisprudence as Scholarship and Profile of Education

Our thoughts are products of our culture, tradition, and ideal of order, so their understanding and development can only be based upon them. However, cultures, traditions and ideals vary from time to time and from people to people, as each of them has been created and developed to respond to challenges under their own conditions. Consequently, they are not only independent of each other in their genesis, but are also incommensurable in their historical set, which equals to saying that they are not even classifiable but only taxonomisable in a strict sense. Each of us lives and interprets his own world: when we compare, we attempt at putting them in a common hat, knowing that no one can go beyond the symbolic paradox of “I interpret your culture through my culture”. A way out from this trap can only result from their individual parallel characterisation after we have built up some kind of abstract philosophical universality from the ideals of order concerned. Then, in the context of the Self and of You, we are expected not only to explain the Other, but also to recognise it by its own right. In its due course, legal comparison aims at getting knowledge not only of ‘law in books’ and ‘law in action’ but about what is meant by law when it works in our mind. Therefore, beyond the mere act of taking cognisance, comparison comprises also the acceptance of this Other by its own right, in which none is simply reduced to anything purely factual (“what is the law?”), but the actuality of the entire normative process leading to a legal statement (“how do we think in law?”) is considered. Getting to know foreign laws begins with grouping of laws and, as expressed in legal families, by combining those which are similar while contrasting the dissimilar. Interaction and mixing amongst them is a natural sequel, but their establishment cannot be a substitute to the didactic necessity and explanatory power of analysis in term of legal families. When describing them, mere contrasting shall be consummated by presenting the specific ingenuity of each of them as a characteristic individual feature specific to them.

Statement on Virginity Testing

Virginity examinations are practiced in many countries, and often forcibly, in a number of contexts, including in detention places; on women who allege rape; on women who are accused by authorities of prostitution; and as part of public or social policies to control sexuality. In other states, the practice is illegal. The purpose of this medico-legal statement is to provide legal experts, adjudicators, healthcare professionals, and policymakers, among others, with an understanding of the physical and psychological effects of forcibly conducting virginity examinations on females and to assess whether, based on these effects, forcibly conducted virginity examinations constitute cruel, inhuman, or degrading treatment or torture. This medico-legal statement also addresses the medical interpretation and relevance of such examinations and the ethical implications. This opinion considers an examination to be ‘forcibly conducted’ when it is “committed by force, or by threat of force or coercion, such as caused by fear of violence, duress, detention, psychological oppression or abuse of power, against such person incapable of giving genuine consent.” For full details about the Independent Forensic Expert Group please visit http://www.irct.org/our-support/ medical-and-psychological-case-support/forensic-expertgroup.aspx.

Anal Examinations in Cases of Alleged Homosexuality

Anal examinations are forcibly conducted in many countries where consensual anal intercourse is considered a criminal act. They are conducted almost exclusively on males in an effort to “prove” that they are “homosexuals” despite the fact that anal intercourse is not a necessary determinant of “homosexual activity.” Forcibly conducted anal examinations are usually initiated at the request of law enforcement officials, the prosecutor, or the court and conducted in the absence of informed consent or in circumstances where individuals are not capable of giving genuine informed consent or where refusal to give consent would be interpreted as self-incrimination. This may be presumed to be the case when examinations are conducted on individuals in detention, subsequent to allegations of criminalised sexual acts by the authorities. The purpose of this medico-legal statement is to provide legal experts, adjudicators, health care professionals, and policymakers, among others, with an understanding of: 1) the validity of forcibly conducted anal examinations as medical and scientific evidence of consensual anal intercourse; 2) the likely physical and psychological consequences of forcibly conducted anal examinations; and 3) whether, based on these effects, forcibly conducted anal examination constitutes cruel, inhuman, or degrading treatment or torture.

Enabling reasoning with LegalRuleML

In order to automate verification process, regulatory rules written in natural language need to be translated into a format that machines can understand. However, none of the existing formalisms can fully represent the elements that appear in legal norms. For instance, most of these formalisms do not provide features to capture the behavior of deontic effects, which is an important aspect in automated compliance checking. This paper presents an approach for transforming legal norms represented using legalruleml to a variant of modal defeasible logic (and vice versa) such that a legal statement represented using LegalRuleML can be transformed into a machine-readable format that can be understood and reasoned about depending upon the client's preferences.