Identifying ‘Illat through Munasabah in Islamic Law: A Perspective of Imam Al-Ghazali

This study discusses the way in determining ‘illat through the munasabah method proposed by Imam al-Ghazali in the perspective of Islamic law. The study focuses on two main problems: the identification of ‘illat through munasabah and the legal formulation to utilize hikmat to obtain ‘illat according to al-Ghazali. This normative legal research used a legal history approach as an analytical tool to examine the Islamic scholars’ thoughts on concepts, theories and ways of doing istinbath. The study concluded that according to al-Ghazali there are three kinds of munasabah in determining ‘illat, consisting of munasib mu’atstsir, munasab mula’im, and munasib gharib. In munasib mu’atstsir, there is no issue found in seeking ‘illat because the ‘illat is understood directly from the nash or ijma’. Therefore, munasabah is no longer needed in the determining ‘illat. Here, the munasabah method focuses on munasib mula’im and munasib gharib in identifying ‘illat. Munasib mula’im seeks for the genus ‘illat, an ‘illat drawn from every event that has been predetermined by the nash, by examining the same hikmah in each of the events. Such hikmah is then used as the genus ‘illat which will later be applied as qiyas for other events that have been legally stipulated by the nash. On the other hand, munasib gharib seeks for the species ‘illat, an ‘illat obtained from an event that has been predetermined by the nash, with no comparison found in other events. ‘Illat determined from munasib gharib is also hikmah, having no concrete nature. In the perspective of legal history, this method of seeking ‘illat is inseparable from kalam and philosophy as was the development of the Islamic sciences at the time. As such, this had also affected al-Ghazali’s mastery in Islamic law as well as in other Islamic disciplines.

The Position of the Qanun Jinayat as a Forum for the Implementation of Sharia in Aceh in the Indonesian Constitution

The purpose of this paper is to describe the position of the Qanun Jinayat as a forum for the implementation of Sharia in Aceh within the framework of the Indonesian constitution. It is considered essential because the implementation of Sharia is conducted based on the UUPA (Law on Governing of Aceh). However, its implementation is often misunderstood, causing the implementation of Sharia to face many challenges from various parties, including the government's official institutions. This article is written to answer the main problem: the alignment of regulations, qanuns, with other laws and regulations. This study is normative legal research using a legal history approach. The analytical tools used are the theory of leveling norms and asymmetric decentralization. The study results show that the Sharia qanuns in Aceh, especially the Qanun Jinayat, have a different position from the regional regulations in other provinces in Indonesia. The difference lies in the special right of the Government of Aceh as a region with asymmetrical decentralization to make its regulations which at a certain level are permitted to be inconsistent with the laws on higher hierarchy. However, it must still align with the basic norms as the primary reference. The existence of special rights for Aceh is considered natural because of its long history, mainly when it is associated with the development of criminal law in Indonesia, which until now still uses the KUHP inherited from the Dutch East Indies. This specificity is a legal order regarding autonomous or special regions.

Ngā Raranga I Makere / Stitches Dropped In Time: An Oral History Study of Māori Community Archiving in Taranaki, 2014-2017.

<p>Community archiving is a movement with its origins in the grass-roots activities of documenting, recording and exploring community heritage in a way that focuses on community participation and ownership of records. This research was about a Māori archiving community of practice from Taranaki and investigated how the training they received created outcomes for their taonga archives and families. It did this by answering three research questions designed to identify how post-custodial trends in community archiving resonated with, or differed from, the methods employed by 11 former students of Te Pūtē Routiriata o Taranaki community archive in New Plymouth. This research took a qualitative oral history approach to data gathering and used thematic analysis to examine evidence gathered from three generations of whānau archivists. It investigated whether community archiving had enhanced their collections of whānau history passed down from generation to generation and connected the close family groups that were looking after them. This study proposes a concept of whānau-led collection management as a model of practice for flax-roots communities and public heritage institutions that work with taonga Māori. It explains the link between collectively caring for archival collections and positive outcomes for whānau engagement with te reo Māori and other forms of cultural identity building. It draws on international examples to suggest ways that practices of community archiving, such as digitisation and digital archiving, can bridge the gap between community-led and institutional methods of caring for tangible and intangible cultural heritage.</p>

Ngā Raranga I Makere / Stitches Dropped In Time: An Oral History Study of Māori Community Archiving in Taranaki, 2014-2017.

<p>Community archiving is a movement with its origins in the grass-roots activities of documenting, recording and exploring community heritage in a way that focuses on community participation and ownership of records. This research was about a Māori archiving community of practice from Taranaki and investigated how the training they received created outcomes for their taonga archives and families. It did this by answering three research questions designed to identify how post-custodial trends in community archiving resonated with, or differed from, the methods employed by 11 former students of Te Pūtē Routiriata o Taranaki community archive in New Plymouth. This research took a qualitative oral history approach to data gathering and used thematic analysis to examine evidence gathered from three generations of whānau archivists. It investigated whether community archiving had enhanced their collections of whānau history passed down from generation to generation and connected the close family groups that were looking after them. This study proposes a concept of whānau-led collection management as a model of practice for flax-roots communities and public heritage institutions that work with taonga Māori. It explains the link between collectively caring for archival collections and positive outcomes for whānau engagement with te reo Māori and other forms of cultural identity building. It draws on international examples to suggest ways that practices of community archiving, such as digitisation and digital archiving, can bridge the gap between community-led and institutional methods of caring for tangible and intangible cultural heritage.</p>

MAJELIS TAKLIM AND SOCIO-CULTURAL TRANSFORMATION OF THE SOUTH TANGERANG SOCIETY

<p><em>Majelis taklim</em> plays an essential and strategic role in the South Tangerang people's socio-cultural transformation. Amid the rapid flow of urban development, <em>majelis taklim</em> can still play their function in religious education and maintain the continuity and order of society's structure and socio-cultural system. Not only religious issues, but <em>majelis taklim</em> can also be a space to solve various socio-political problems. Using a qualitative method with a social history approach, this article aims to capture continuity and change, especially towards the expanding role of <em>majelis taklim</em> in South Tangerang. In addition to the achievements, various challenges faced by <em>majelis taklim</em> in carrying out its socio-religious role in the modern era were also discussed. This study identifies several things. First, <em>majelis taklim</em> is increasingly recruiting members of various ages, education, occupation, and insight. This makes the <em>majelis taklim</em> more open and encourages the socio-cultural transformation of the South Tangerang people. Second, in responding to the times, <em>majelis taklim</em> often face challenges in administration, equipment, and communication. Third, there is a collective awareness among Muslims about how important it is to study Islamic knowledge in <em>majelis taklim</em>. This motivated the community to establish <em>majelis taklim</em> until 2020 had reached more than 874 throughout the South Tangerang area. With the socio-religious role of <em>majelis taklim</em>, Muslims increasingly love their religion, deepening Islamic teachings through a religious education institution that plays an essential role in society's socio-cultural transformation.</p>

Post-Migration Fertility in Southern Europe: Romanian and Moroccan women in Italy and Spain

This paper seeks to analyse migrant women’s reproductive behaviour in two countries with the lowest fertility rates, namely, Italy and Spain. We assess differences in migrant fertility patterns according to country of origin by comparing the post-migration motherhood of Moroccan and Romanian women. We have used data from the “2007 National Immigrant Survey” (INE) and the ”2011-2012 Survey on Social Integration and Condition among Foreign Citizens” (ISTAT) to adopt an event-history approach to the factors that affect the birth of the first child after migration. Specifically, we focus on marital status upon arrival and on the number of previous children, controlling in turn for the women’s socioeconomic circumstances. The results show, firstly, that Moroccan women have a higher fertility rate than Romanians in both countries. Secondly, the risk of the first birth shortly after migration is higher among childless and married women, and this probability remain high even for women from Morocco with children. Thirdly a cross-country comparison reveals that the results related to childbearing patterns are similar.

Event Travel Careers of Singaporean Artists and Producers: An Arts-Informed Life History Approach

<p>Artists and producers engage in event tourism in the course of their leisure and work but existing research on event tourism has placed emphasis on the event audience rather than artists and producers at events. An event travel career is developed when a person travels to participate in events ranging from local to regional and international scale. Getz and Andersson (2010) event travel career trajectory (ETCT) has been used to study serious amateur sport athletes and yoga devotees, looking at motivations, changing travel styles, spatial and temporal patterns, event and destination choices and their competing priorities as constraints to travel. However, participants in the arts world have not yet been identified as serious event tourists. Further, the event travel career progression of artists and producers in the performing arts world has yet to be established to determine their purpose, and frequency of travel at each stage of their career. This study aims to investigate how amateur and professional artists and producers develop their event travel career using the ETCT to examine the factors that constrain or facilitate their event travel career, the extent to which artists and producers conceptualize themselves as serious event tourists, and the role open access and other events play in the ETCT. A social constructionist paradigm is adopted with the use of an arts-informed life history approach to gather and interpret the stories of 19 Singaporean artists and producers representing three generations. The participants are well known to the researcher who performed the role of both the insider (member of Singapore arts community) and the outsider (PhD researcher) in this study. The arts-informed method involved creative inquiries (memory maps, drawings, and symbolic items) to invite participants to construct their ETCT visually over three research meetings. Pamphilon’s (1999) zoom model was adapted to analyze and interpret the stories in three parts: individually; against the participants’ cohort; and as part of the macro environment. The findings shed new light on the foundational stage of event travel career; the constraints, facilitators and motivations to travel; and social world events and destinations as key drivers in the development of an event travel career. The findings also revealed higher travel activity by the semi-professional and professional artists and producers in the arts, unlike the amateurs in sport tourism. This study contributes to the field of theory by developing an integrative framework of event travel careers, that incorporates Unruh’s social world theory and Stebbins’ serious leisure career perspective to examine and trace the event travel career development of serious event travellers. The study suggests that artists and producers are serious event travellers who start as hobbyists or leisurists before they develop their event travel career as semi-professionals and professionals. This study also contributes a different context in the study of ETCT by focusing on the development of Singapore’s arts scene, through the ETCTs of her artists and producers as amateurs, semi-professionals, and professionals – a move from the Western context found in extant research on event travel careers. Further, this study contributes methodologically to the development of the use of the arts-informed life history approach with Pamphilon’s (1999) zoom model, to enable a more holistic and structured analysis of the individuals’ stories, and the macro-environment of Singapore. The arts-informed life history research approach provides fruitful ground for future research in event travel career and should be repeated. It is capable of eliciting information about the past beyond the principal topic to inform the present.</p>

Event Travel Careers of Singaporean Artists and Producers: An Arts-Informed Life History Approach

<p>Artists and producers engage in event tourism in the course of their leisure and work but existing research on event tourism has placed emphasis on the event audience rather than artists and producers at events. An event travel career is developed when a person travels to participate in events ranging from local to regional and international scale. Getz and Andersson (2010) event travel career trajectory (ETCT) has been used to study serious amateur sport athletes and yoga devotees, looking at motivations, changing travel styles, spatial and temporal patterns, event and destination choices and their competing priorities as constraints to travel. However, participants in the arts world have not yet been identified as serious event tourists. Further, the event travel career progression of artists and producers in the performing arts world has yet to be established to determine their purpose, and frequency of travel at each stage of their career. This study aims to investigate how amateur and professional artists and producers develop their event travel career using the ETCT to examine the factors that constrain or facilitate their event travel career, the extent to which artists and producers conceptualize themselves as serious event tourists, and the role open access and other events play in the ETCT. A social constructionist paradigm is adopted with the use of an arts-informed life history approach to gather and interpret the stories of 19 Singaporean artists and producers representing three generations. The participants are well known to the researcher who performed the role of both the insider (member of Singapore arts community) and the outsider (PhD researcher) in this study. The arts-informed method involved creative inquiries (memory maps, drawings, and symbolic items) to invite participants to construct their ETCT visually over three research meetings. Pamphilon’s (1999) zoom model was adapted to analyze and interpret the stories in three parts: individually; against the participants’ cohort; and as part of the macro environment. The findings shed new light on the foundational stage of event travel career; the constraints, facilitators and motivations to travel; and social world events and destinations as key drivers in the development of an event travel career. The findings also revealed higher travel activity by the semi-professional and professional artists and producers in the arts, unlike the amateurs in sport tourism. This study contributes to the field of theory by developing an integrative framework of event travel careers, that incorporates Unruh’s social world theory and Stebbins’ serious leisure career perspective to examine and trace the event travel career development of serious event travellers. The study suggests that artists and producers are serious event travellers who start as hobbyists or leisurists before they develop their event travel career as semi-professionals and professionals. This study also contributes a different context in the study of ETCT by focusing on the development of Singapore’s arts scene, through the ETCTs of her artists and producers as amateurs, semi-professionals, and professionals – a move from the Western context found in extant research on event travel careers. Further, this study contributes methodologically to the development of the use of the arts-informed life history approach with Pamphilon’s (1999) zoom model, to enable a more holistic and structured analysis of the individuals’ stories, and the macro-environment of Singapore. The arts-informed life history research approach provides fruitful ground for future research in event travel career and should be repeated. It is capable of eliciting information about the past beyond the principal topic to inform the present.</p>

Case Report: The resiliency journey of a Vietnamese female sexual abuse survivor: an exploration in life history

Currently, the studies on sexual abuse trauma, and resilience in Confucian survivors are still limited. The purpose of this study is to explore the resilience of Confucian women after sexual abuse trauma to provide evidence to support in counseling and psychotherapy practices. The article describes the resiliency story of a Vietnamese Confucian female survivor who was abused by her brother from the age of 8 to 16. The life history approach used in qualitative narrative research was applied in this study. The researcher identified two factors that strongly influence the survivor’s resilience: (1) the effectiveness of passive education in the general education curriculum is oriented to both competence and quality development; and (2) an authentic understanding of the core Confucian philosophical doctrine: the neutrality and the self-nurture. Based on the findings, we propose a 7-stage flow diagram of a Confucian women's resilience following sexual abuse. These findings provide a new approach to psychological counseling for female survivors of any religion by using Confucian philosophy and contribute to the impact of studies on religious and spiritual factors affecting the resilience of sexual abuse survivors.