Sharea Issues in the Application of Takaful: Review on Islamic Law Perspective

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Suharto Suharto; Muhammad Iqbal Fasa

2018-01-01

Insurance is still debated between scholars when viewed in the light of Islamic law. Contemporary Muslim jurists are fully aware that the legal status of Insurance not been determined by Islamic law thinkers in advance (jurists). The application of Takāful today is the result of a struggle between the understanding of Islami law with the reality of what happened. Thus, the problem needs to be reviewed in the light of Islamic law in depth. This paper attempts to offer Shariah Issues in the App...

Justice in Post-Conflict Settings: Islamic Law and Muslim Communities as Stakeholders in Transition

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Corri Zoli

2017-08-01

Full Text Available This essay is one of the first collaborative efforts to identify the underlying norms embedded in diverse traditions of Islamic law as these apply to contemporary Muslim communities experiencing conflict or transitioning from conflict. This long overdue endeavor draws upon comparative legal analyses, postconflict justice traditions, global governance, and empirical conflict studies to explore why Islamic legal norms are not often used as a resource for restraint and guidance in contemporary conflict settings. In exploring this puzzle, the authors make the case for strengthening commensurate Islamic and international conflict norms for complex conflicts and postconflict tradition. We also situate Islamic postconflict justice norms—which are too often confined to religious and natural law discussions—into contemporary problems of security policy, conflict prevention, and problems of governance. We indicate the many benefits of such a comparative approach for citizens of diverse Muslim and Arabs states and communities, trying to build pathways out of conflict, and for humanitarian and human rights practitioners working in such arenas toward similar goals. An additional, important benefit in excavating such shari’a norms is in providing the intellectual basis to counter politicized, extremist, and instrumentalist uses of Islamic law to justify extreme uses of political violence across the Middle East, Central and South Asian, and African regions.

Islamic Law and Terrorism in Indonesia

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Ramlani Lina Sinaulan

2016-03-01

Full Text Available Jihād and terrorism are not the same. In the context of sharia that implementation of the jihād has parameters measured with a layer of ethics based on the commands Al Quran and the Hadith of Prophet and the explanation the Ulama. Muslims in Indonesia views that the essentially not much different from the views on jihād and terror in other Islamic countries, especially the Middle East. In the context of Islamic law, jihād has multi spectral studies, but none of these studies that equate the meaning of jihād with terrorism, or none of them agreed that acts of terror as has been demonstrated by radical groups that are part of the concept Islam.

Abu Ghraib: Prisoner Abuse in the Light of Islamic and International Laws

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Syed Serajul Islam

2007-06-01

Full Text Available Abstract: This study analyses the prisoner abuse at Abu Ghraib in the light of Islamic and International laws. Using documentary sources, the paper argues that Islamic law is far superior than the International law as enshrined in the Geneva Conventions and the United Nations Charter on the treatment of prisoners of war. It found the abuse of the prisoners at Abu Ghraib a routine operation carried out in obedience to orders issued by the higher authorities. The photographs portraying images of dehumanization in Abu Ghraib is unacceptable either in Islamic or international law.

Sharea Issues in the Application of Takaful: Review on Islamic Law Perspective

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Suharto Suharto

2018-01-01

Full Text Available Insurance is still debated between scholars when viewed in the light of Islamic law. Contemporary Muslim jurists are fully aware that the legal status of Insurance not been determined by Islamic law thinkers in advance (jurists. The application of Takāful today is the result of a struggle between the understanding of Islami law with the reality of what happened. Thus, the problem needs to be reviewed in the light of Islamic law in depth. This paper attempts to offer Shariah Issues in the Application of Takāful From Islamic Law Perspective, including The Concepts of Takāful (Sharia Insurance, Legal Basis of Takāful (Sharia Insurance, History of Takāful (Shariah Insurance Development, Scholars' Views on Takāful (Sharia Insurance, The Principles of Takāful (Sharia Insurance, Establishment of Contract in Takāful (Sharia Insurance, and To Compare The Characteristics Between Takāful (Shariah Insurance and  Commercial Insurance.

ISLAM, ADAT, AND THE STATE: Matrifocality in Aceh Revisited

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Eka Srimulyani

2010-08-01

Full Text Available Matrifocality has been a rooted tradition in the social history of the community in Aceh. The principles of matrifocality have also affected on how women are positioned in the community, and the socio-gender relation within the community. The fact that Aceh has strongly associated to the Islamic values that claimed to support the paternal traditions. Apparently, the Islamic values and the local matrifocality practices juxtaposed through the roles of adat, which considered as inseparable to Islamic law or teaching, or in local term known as zat ngeun sifeut. Another point in revisiting matrifocality in Aceh in Aceh is an examination of how gender state ideology, particularly during the New Order Regime disregarded some local gender practices across some ethnics in the archipelago. Meanwhile, the state also hegemonied and promoted particular gender state ideology such as state ibuism. Nonetheless, the modernity and social changes have also contributed to the shifting of some matrifocality practices in contemporary Acehnese society. However, since the matrifocality has a strong root in the social life of the community, the principles of the matrifocality still survived until currently, although it transformed into ‘new matrifocality’ practices. Keywords: matrifocality, Aceh, gender, shari‘a law

TEORI KONFLIK DALAM PERSFEKTIF HUKUM ISLAM: INTERKONEKSI ISLAM DAN SOSIAL

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Hayat

2013-12-01

Full Text Available Religion as an ideology in society is believed to allow it to become a paradigm as a solution to conflicts. Islam is a rahmat li al-ālamīn religion in the life of mankind with conflicts settlement construction in the community as connectivity with customary law (ethics, moral values, character, and culture and state laws that in fact emerged from the discourse of Islamic law. Religion becomes a balancing of social conflicts that arise from a variety of indicators, because Islam is a legal consensus that includes a variety of conditions and situations of society. Therefore, Islam as a principle regulator of human order become a theory of conflict resolution in the minds of some scientists that suggests an existence of Islam in it

Analysis of Rules for Islamic Inheritance Law in Indonesia Using Hybrid Rule Based Learning

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Khosyi'ah, S.; Irfan, M.; Maylawati, D. S.; Mukhlas, O. S.

2018-01-01

Along with the development of human civilization in Indonesia, the changes and reform of Islamic inheritance law so as to conform to the conditions and culture cannot be denied. The distribution of inheritance in Indonesia can be done automatically by storing the rule of Islamic inheritance law in the expert system. In this study, we analyze the knowledge of experts in Islamic inheritance in Indonesia and represent it in the form of rules using rule-based Forward Chaining (FC) and Davis-Putman-Logemann-Loveland (DPLL) algorithms. By hybridizing FC and DPLL algorithms, the rules of Islamic inheritance law in Indonesia are clearly defined and measured. The rules were conceptually validated by some experts in Islamic laws and informatics. The results revealed that generally all rules were ready for use in an expert system.

THE TAQNIN OF INDONESIAN ISLAMIC LAW DYNAMIC

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M. Noor Harisudin

2015-06-01

Full Text Available Taqnin with the meaning of legislation on Islamic aspects actually has been a long story in Indonesia. It can be traced in Islamic courts in the archipelago. In the colonial era, the Dutch once accommodated certain aspects of Islamic law, until they decided to limit it. It especially can be seen in the institution of religious court. After the independence, the taqnin was reintroduced. It can be seen from the Piagam Jakarta (Jakarta Charter which included the statement of “Belief in God Almighty by following the sharia for its adherents”. However, this statement was edited to accommodate the aspiration of non-Muslims and the nationalists. In the following periods, legislation of certain aspects of Islam gained momentum in the late period of the New Order after Suharto sought political supports from Muslims. In the reformation era, the democratic atmosphere has opened a wider space for the efforts of taqnin.

Konsep Fiqah Malaysia dalam Perundangan Islam: Satu Pengenalan (The Concept of Malaysian Fiqah in Islamic Law: An Introduction

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Rahimin Affandi Abd. Rahim

2010-01-01

Full Text Available Kajian ini bertujuan untuk menunjukkan sifat dinamik konsep fiqah dalam sistem perundangan Islam Malaysia yang menekankan kepentingan hubungan dengan Allah dan sesama makhluk. Teori utama yang digunakan adalah teori epistemologi hukum Islam yang menetapkan bahawa sifat kelestarian sistem hukum Islam hanya boleh dicapai melalui pembentukan kerangka epistemologi (apa, bagaimana dan untuk tujuan apa yang jelas. Bagi mencapai objektif, kajian ini menggunakan kaedah pengumpulan data primer dan data sekunder yang dianalisis kemudiannya bagi membentuk teori konsep fiqah semasa yang lebih bersesuaian dengan realiti Malaysia. Hasil kajian ini mendapati konsep fiqah semasa telah mula difahami oleh masyarakat Malaysia. Namun begitu, kelangkaan masih lagi wujud dalam soal pemantapan konsep fiqah semasa ini dari segi kerangka konsep, rasionaliti, pendekatan dan epistemologi, yang sepatutnya dijalankan oleh pihak Institusi Pengajian Tinggi Awam (IPTA di Malaysia. Untuk itu, kajian ini telah cuba mengemukakan jalan penyelesaian kepada usaha pemantapan ini.This study aims to demonstrate the dynamism of the concept of Islamic fiqah in Malaysian Islamic law that emphasises the importance of the relationship between Allah and human beings. In this regard, this study hopes to show the dynamism of fiqah as a concept in Malaysia's Islamic legal system. The primary theory used here is the epistemology of Islamic law which determines that the sustainability of Islamic law can only be achieved by developing an epistemological framework (what, how and for what purpose in a clear manner. In order to achieve this objective, the study had collected both primary and secondary data. The data was subsequently analysed to formulate a contemporary theory of Islam fiqah that is better suited to Malaysian reality. The findings show that the proposed concept of contemporary Islamic fiqah has begun to be understood by Malaysian society. However, the reinforcement of the contemporary

Islamic Family Law Enactment 1987 (No. 3 of 1987), 20 May 1987.

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1988-01-01

This Islamic Family Law Enactment of Pahang, Malaysia, is based on the model of the Islamic Family Law (Federal Territory) Act, 1984 (Annual Review of Population Law, Vol. 11, 1984, Section 250). It differs from that Law in the following major respects: 1) marriages between Muslims and non-Muslims are prohibited; 2) a wali Hakim (special guardian appointed by the Sultan) is authorized to consent to marriage if the wali (guardian) of the bride unreasonably withholds consent; 3) the grounds for divorce are fewer (failure to maintain and cruelty being omitted), although there is a general provision allowing divorce for any ground that is recognized as valid by Islamic law; 4) a son is to be maintained until the age of 15, not 18; and 5) a religious court, rather than a civil court, may order a putative father to maintain his illegitimate child. full text

Dialetic Between Islamic Law and Adat Law in the Nusantara: A Reinterpretation of the Terengganu Inscription in the 14th Century

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Ayang Utriza Yakin

2015-02-01

Full Text Available This article discusses the inscription found in Terengganu, which originated in the early XIV Century. The inscription documents the laws implemented by the rulers of the time. These texts reveal that the laws of this time came from two sources: Islamic law and customary (adat law. In other words, the inscription indicates that legal pluralism was already in existence by the 14th Century. Adat law was the principle legal system in place, playing an important role in the archipelagic society at the time. However, there was an alternative system of Islamic law (e.g. stoning as a punishment for adultery in place for lower social classes. This finding suggests that Islamic law was already in existence in the early 14th century—much earlier than the prevailing understanding of the history of Islamic law suggests. The article contributes by providing the new transliteration from Jawi into Latin characters and the new translation from old-Malay into modern English, which are arguably more accurate than the previous work.

Islam and state school: opinions of Muslim parents in Piedmont

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Renzo Guolo

2009-07-01

Full Text Available What are the opinions of Muslim parents, as to the teaching of Islamic religion? In case it were possible, would they prefer it to be taught in state or religious schools? And in the first case, by whom? What do families think about problems like the observance of dietary laws in school canteens, the class of physical education for girls in mixed classes, the wearing of veil? The article summarizes the data of a survey on these topics (between 2006 and 2007 carried out in Piedmont, in particular in Turin, on a sample of about 1000 people representing the different ethnonational islamic communities living in the region. The methodology employed is both quantitative (the whole sample was given a structured questionnaire and qualitative. The latter concerns detailed interviews with the leaders of Islamic associations in the region. The result is definitely in favour of the teaching of Islamic religion in state schools, together with the request to observe dietary laws, both cultural and religious, and the acceptance, on principle, of the mixed class of physical education. There are of course different opinions which, however, show a growing trend in favour of free choice as to the obligation of veil: a picture widely determined by the ethnonational origin of the interviewed, confirming the pluralism of Italian Islam. The result points out that most Muslims in Piedmont have an inclusive approach and that religion does not mean cultural separation. The main trend, apart from the opinions and projects of a few associative leaderships, is one of an Islam that wishes to become a recognized member of Italian religious and cultural scene.

THE RESISTANCE OF ULAMA DAYAH ACEH TAMIANG AGAINST WOMEN’S RIGHTS IN COMPILATION OF ISLAMIC LAW (KHI

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Muhammad Nasir

2017-06-01

Full Text Available This article provides the latest information on how the Ulama Dayah Aceh Tamiang's response to the implementation of the Compilation of Islamic Law (KHI, particularly related to women's rights regulated in the issue of marriage registration, the validity of divorce, and joint property (gono gini and their views on the KHI as Islamic law legislated by the government. according to some circles as a form of reform of Islamic law in Indonesia which is also claimed as a law that many defend the rights of women, although there are still some who argue that KHI discriminatory against women. This paper departs from research was conducted on Dayah Aceh Tamiang Ulama by using interview and observation method. There are three theories used in analyzing this research data, namely; Theory of Relation State and Religion, Theory of Ulama and State Authority, and Theory of Conservative turn. The finding of this article reveals that the resistance of the Ulama Dayah against KHI can be identified in two levels. Firstly, they disagreed with some aspects of KHI in such as marriage registration, joint property, and divorce legal procedures. Secondly, the fact that Ulama Dayah were not involved in the process of legal drafting of the KHI.

Scope of State in Legislation from Islamic Perspective

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Dr. Farhadullah

2017-07-01

Full Text Available Islamic law is basically a part of a holistic system based primarily on the divine message enclosed in the Holy Qur'an and traditions of the Prophet (SAW, which are the main fundamental sources of Islamic law. After the demise of the Prophet (SAW, field of Ijtehād started development, which was already approved by the Prophet (SAW in his life. The companions of the Prophet (SAW developed the notion of Ijmā while early Muslim jurists discovered the Qiyās, Maslaha, Istislāh, Istehsān etc.Determining the location of authority and its scope in law-making has remained a complex situation for the western philosophers since long. As far as the case of Muslims is concerned, they are in the position to find solution of this situation as to where the authority dwells; enabling them to resolve many queries which seemed to be unanswered for the long time. It is important for the Muslims to comprehend the concept of Islamic institutions from the perspective of Islamic frame work and legal as well as constitutional history of Islamic history.

Negotiating Custody Rights in Islamic Family Law

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N.Y. Shehada (Nahda)

2009-01-01

textabstractIntroduction The following examines the application of Islamic family law with regard to custody and custody rights in the Gaza city sharī‘a courts.1 Four objectives are pursued in the paper. First, it identifies areas of gender asymmetry in the legal code, which distinguishes

Islamic Inheritance Law (Faraid and Its Economic Implication

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Adelina Zuleika

2014-03-01

Full Text Available Objective - This paper attempts to discuss the Islamic law of inheritance (Faraid, its existence and its systematic impact to humankind. Faraid plays a fundamental role as an impetus behind the development of science, which has a great economic impact to the development of social welfare. This paper aims to increase the awareness towards the importance of Islamic law of Inheritance for knowledge development, and social prosperity of humankind. Secondly, to reveal the hikmah behind the rules set in Faraid and their economic implications. Thirdly is to emerge the consciousness for being Sharia’ compliance by revealing the secret behind His rules and its benefit for humankind.Method - Employing a qualitative method and literature reviewResult - This paper shows that from the macroeconomic perspective, Faraid systematically ensures the redistribution of wealth, and spreads the concentration of wealth in every generation. Literature reviews and information collected are employed in order to analyze and make further inferences. The literature review clarifies the magnificence of Faraid and its real contribution to human development; in economics and in other disciplines. Faraid keeps the justice in wealth distribution, protects property rights, empowers women to be involved in economic activities and as a whole, Faraid also encourages economic growth.Conclusion - Conclusively, by commissioning Faraid, the wealth is generated and returned to the factors production through many hands of who deserve it after the absence of deceased.Keywords : Islamic Inheritance Law; Faraid; Property  Rights; Distribution of Wealth

Medical experiments on persons with special needs, a comparative study of Islamic jurisprudence vs. Arab laws: UAE law as case study.

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Hammad, Hamza Abed Al-Karim

2014-01-01

This article is a comparative study of medical experiments on persons with special needs in Islamic jurisprudence and Arab laws; United Arab Emirates (UAE) law as case study. The current study adopts a comparative analytical and descriptive approach. The conclusion of this study points out that the Convention on the Rights of Persons with Special Needs, ratified by a number of Arab States, including the United Arab Emirates, approves conducting medical experiments on persons with special needs, subject to their free consent. As a result of ratifying this Convention, a number of special laws were enacted to be enforced in the United Arab Emirates. On the other hand, this issue is controversial from an Islamic jurisprudence point of view. One group of jurisprudents permits conducting these experimentations if they are designed to treat the person involved, and prohibits such experimentations for scientific advancement. Other jurisprudents permit conducting medical experimentations on persons with special needs, whether the purpose of such experimentations is treatment of the disabled or achieving scientific advancement. The opinion of this group is consistent with the International Convention and the Arab laws in this respect. However, neither the Convention nor the Arab laws regulate this matter by specific and comprehensive conditions, as addressed by some contemporary scholars. It is recommended that the Convention and the Arab laws adopt these conditions. Additionally, the Convention does not state whether the experimentations may be conducted for the interest of the person with disability or for the purpose of scientific advancement. The text of the Convention is unclear and therefore requires further illumination.

Islamic Law

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Doranda Maracineanu

2009-01-01

The law system of a State represents the body of rules passed or recognized by that State inorder to regulate the social relationships, rules that must be freely obeyed by their recipients, otherwisethe State intervening with its coercive power. Throughout the development of the society, pedants havebeen particularly interested in the issue of law systems, each supporting various classifications; theclassification that has remained is the one distinguishing between the Anglo-Saxon, the Roman-...

Crime and punishment in Islamic law: theory and practice from the sixteenth to the twenty-first century

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Peters, R.

2005-01-01

In recent years some of the more fundamentalist regimes in the developing world (such as those of Iran, Pakistan, Sudan and the northern states of Nigeria) have reintroduced Islamic law in place of western criminal codes. Rudolph Peters presents a detailed account of the classical doctrine and

"Islamic State Of Iraq And The Levant ("ISIL" As A Threat To The World Community

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Nina V. Volodina

2015-03-01

Full Text Available In the present article author examines illegal activities of ISIS. Territory of victorious monotheism is so-called by experts and proclaimed in June 2014 "Islamic state" with the original name of "Islamic State of Iraq and the Levant", in other words "Caliphate" in a particular area of the modern states of Syria and Iraq. Founded illegally on the territory of the sovereign State of Iraq and Syria, "IS" with a sharia form of government, it is the first step of creating a global "caliphate", which do not recognize borders. Author notes that the creation of the "Islamic state", that poses a threat to the constitutional security of many countries of Asia, as well as the Russian Federation, both in terms of the "capture" of Islamic extremists and terrorists, and includes part of the territory of present Russia. Author concludes that: first, the creation of the world "Caliphate", no borders - the main goal of the Islamists, raising fears in the world, including the Russian Federation and the long term threaten to the country's sovereignty. Second, law enforcement authorities should be attentive to the problems that arose in the Russian Federation related to the Islamic radical organizations. Recruiters, Islamic radicals operate illegally in our country. Thirdly, important but insufficient measures taken, such as the steps to revive the Russian Islam the idea of a "single Russian muftiat", in particular to the Russian ummah was proposed "rigid vertical of power" and Sufism as a means of radicalism. Fourth, not enough attention is paid to the States to the Islamic States (IS in the Russian Federation and analysis of the problems associated with the radical Islam, which is no longer seen as a phenomenon inherent only in the Arab world. Fifth, there are opposing views on the "IS".

Deconstruction of Jihad Radicalism in Islamic Law: A Conceptual Proposal to Combat Isis Terrorism in Indonesia

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Warkum Sumitro, SH, MH

2015-02-01

Full Text Available Islamic State of Iran and Syria (ISIS has become a global movement that penetrates into Indonesia. This movement leads back to the trauma of Indonesian nation to a series of destructive events of terrorism in the country. The meaning of jihad in Islam is hijacked by ISIS activists into violence and war against western infidels in their perspective. They do not care if their target is civilian or military. Meanwhile, the actual concept of jihad in Islam is essential jihad, namely jihad by striving earnestly to improve the quality of individual and community. A wrong interpretation of jihad can not only be solved by force because enforcement effort through violence leaves an endless conflict between terrorists and law enforcer. One conceptual proposal in combating terrorism in Indonesia is by deconstructing the perspective of the physical jihad into essential jihad.

A Challenge for Social Studies Educators: Teaching about Islam, "Jihad," and "Shari'ah" Law

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Moore, James R.

2012-01-01

In this article, the author investigates the controversial curricular and instructional aspects of teaching about Islam in social studies courses. Specifically, the author discusses pedagogically sound approaches to teaching about "jihad" and "Shari'ah" law, two of the most important and controversial concepts in Islam that often generate intense…

CONCEPTUALIZING AUTHORITY OF THE LEGALIZATION OF INDONESIAN WOMEN’S RIGHTS IN ISLAMIC FAMILY LAW

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Abu Rokhmad

2017-12-01

Full Text Available Various studies on Islamic family law (IFL in Indonesia demonstrate an enduring paradigm of patriarchal culture both in ideas and practical applications. This is a logical consequence of the attempts to enact the traditional Islamic doctrines in modern law. The domination of this culture in the IFL, that has resulted in the discrimination against women in Indonesia, has reached the alarming level calling for revision. The reform attempts also are needed in other other derivative legal products, such as local sharia regulation. All these efforts are needed in order to ensure justice and equal rights of children and women. This paper attempts to conceptualize a construction of patriarchal authority in legalizing the rights, role, and status of gender in Indonesia. The finding reveals that reconstruction of authority in the modern legislation of Islamic Family Law should be started with ensuring the equal rights of women both in the legal and judicial aspects. This requires involving women in an appropriate proportion within the making of public policy, family law legislation. Another needed strategy is advocacy of women's rights in order to avoid legal gender bias due to the political and legislative authorities dominated by male group.

Islamic and Jewish Law of Ḥalal&Ḥaram: Analysis of Similarities & Differences (Urdu

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Dr. Muhammad Ikramullah

2017-01-01

Full Text Available The world Semitic religions like Judaism, Christianity and Islam have given comprehensive regulations and code of life. Therefore; there has been a complete system and directions about “ḥalal” and “ḥaram” (kosher non-kosher means legal and illegal (treif’ in Jewish law.As Islam gives clear cut directives in beliefs, worships, ethics, economy and ways of life to guide the men in life; similarly the Judaism has also given clear regulations in these fields to guide its followers.Islam has taught its followers to eat and drink ‘ḥalal’ (Tayyib, so Judaism has also stressed on eating only ‘kosher’ (food that can be consumed according to Jewish law. For example in animals; meat of cow, bull, sheep and goat etc are legitimizing for eating in both the religions. Similarly the meat of pig is not allowed for men. Many things are similar in both these religions regarding dietary law.This article describes about ‘ḥalal’ and ‘kosher’ things in detail and tells what the similarities and dissimilarities regarding dietary laws are found in their religious literatures.

Universality of revealed Law and reflections on religions in Medieval Islamic philosophy: a few considerations

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Sara Barchiesi

2015-05-01

Full Text Available By analysing some Medieval Islamic philosophical theories, this paper aims at investigating the approach adopted by authors such as Avicenna and Averroës in respect of religions different from those of origin (Judaism, Christianism, Zoroastrianism and Sabeism. Moreover, it reflects on the universality of Islamic religion. The author will examine these philosophers' thoughts on prophetic teaching, recalling the Platonic sources from which they were developed, she will motivate the relevance of such thoughts in political science and she will explain their purposes. Furthermore, through a comparison with several scholars who have focused on whether Islamic Law has a conventional or natural status, she will try to investigate the origins of this problem, by examining the universal message that those Islamic Medieval philosophers found in revealed Law and the reasons that led them to present it as addressed to the whole mankind.

An Islamic Model of Social Life: Legal and Economic Thought in Islam

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Sami Al-Daghistani

2013-06-01

Full Text Available In the article I assert the societal dimension of Islam based on the duality of an Islamic worldview, based on the notion of tewhid, whose foundation is in Islamic law. One component of Islamic law is Islamic economic thought, irrevocably bounded within the Qu’ranic postulates of ethical conduct, founded on a logic contrary to global capitalism, as Max Weber also pointed out. Islamic banking is an expression of contemporary Islamic business ethics, regarded as a conjunction of the financial sector and shari'a-based principles.

A Discourse of Transformative Islam within Curriculum Transformation at State Institute for Islamic Studies of Purwokerto (IAIN Purwokerto

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Sabarudin

2017-06-01

Full Text Available This research is aimed to trace the thoughts and actions as efforts to achieve vision and mission of state institute for Islamic studies of Purwokerto (IAIN. The study is directed to answer following questions. Firstly, why transformative Islam becomes a discourse on curriculum development. Secondly, how a discourse of transformative Islam implicates in curriculum development at state institute for Islamic studies of Purwokerto (IAIN. Then, the findings show that a discourse of Islam tranformative in curriculum development at state institute for Islamic studies of Purwokerto (IAIN emerges as a result of an incapability of traditional and modern Islam perspective to resolve people’s problem due to lack of critical understanding of the meaning and message of the Qur’an and Hadith. Then, implication of Islamic transformative discourse in curriculum development at state institute for Islamic studies of Purwokerto can be seen in its intra curricular activities, co-curricular, and extra curricular activities. Through intra-curricular activities, transformative Islam is embodied in Islamic building lectures. In co-curricular program, Islam is indigenized through activity of knowledge and practice of worship (nationally abbreviated PPI, while within extra-curricular activities transformative Islamic values come into student activities which are strongly supported by policies of university leaders.

Islamic Banking and Financial Regulation in Malaysia: Between State Sharia, the Courts and the Islamic Moral Economy

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Wilson, Emma

2018-01-01

This article examines Malaysia’s emergence as a global centre of Islamic finance through a pragmatic centralised regulatory framework that promotes legal certainty and consonance with the conventional financial system rather than the development of a distinctly Islamic moral economy. It also highlights the judiciary’s challenge to Central Bank regulatory dominance through civil sharia compliance cases based on Anglo-Muslim law.

The Implementation Effort Islamic Law Norms in Activities for Overcoming Pornography and Pornoaction on Mass Media

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Ramlani Lina Sinaulan

2017-02-01

Full Text Available This paper discusses the effort Islamic Law norms in activities for overcoming pornography and porno-action on mass media. By using normative legal research, the result found that the concept of Islamic law, behave based on sharia, shows the importance of shaping the personality traits of Islam (syakhsiyya Islāmiyya and based on the devotion and faith. Because of the relation to the formulation of the rule of law against pornography behavior, it can not be designed, prepared and formulated based on social values. Based on the facts of society, as a result of the moral decadence that led to a permissive attitude towards their cultural infiltration, the social values in assessing the behavior may become more permissive toward behavior. However, the use of religious norms which have universal properties will not change, and even capable of elastic with the times.

Islamism and Democratization in Indonesia Post-Reformation Era:

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SYAHRIR KARIM

2014-12-01

Full Text Available In general, this paper will explore features and patterns of Islamism in Indonesia after the downfall of Suharto’s regime in which people called it as reformation era. In Indonesian context, the Islamism at least have four characteristics; (i promoting Islam as a sole basis in transforming society, (ii acknowledging Islam as an ideology, (iii among at the establishment of Islamic state, (iv which is characterised by implementing Shari`ah laws in daily lives. These four attributes may be used in capturing the growth of Muslim’s perception on state and democracy in the era of Islamic revival. The above views spread in the various streams or any schools existed in Indonesia, both Islamic movements and other form that is very influential in the process of democracy in Indonesia.

An analysis on the issues of the rights of spouses in the Islamic Family Law in Malaysia

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Md Zawawi Bin Abu Bakar

2013-07-01

Full Text Available This paper intends to analyze problems regarding mutual rights of Muslims married couple in Malaysia. It has drawn the attention of many researchers to carry out studies on this issue since there have been accusations and complaints on the implementation of the Islamic Family Law (IFL by the Syariah Court, which is said to have discriminated the wife/women of their rights. The qualitative approach research employed interviews and content analysis as method of study on the Islamic Family Law as well as on the documented cases. The results of the research showed that among the most disputable cases were matters related to polygamy, fasakh, jointly acquired property and children custodian. Conversely, all data were analyzed by using the qualitative data analysis, concluded that the Islamic Family Law in Malaysia has infact implemented the concept of equality.

NILAI-NILAI TOLERANSI ISLAM DI NEGARA KEBANGSAAN INDONESIA DALAM PERSPEKTIF AKSIOLOGI

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Jirzanah Jirzanah

2013-04-01

Full Text Available Islamic values are expected to be a barrier to excessive nationalistic. Analysis on Islamic values and tolerance from the point of view of axiology is important, because Islam is not just giving nature a noble and religious attitudes, but also respect for moral rules and actions. Axiological analysis is done by placing the basic Islamic values, moral norms and principles of the nation state in an universal hierarchy values. The purpose of this article is to formulate a reflective relevance of Islamic values and tolerance for the development of the nation state. The basic values of Islamic law according to the Quran is a religious and humanity values particularly noble mind. The law of God is a source of values to humanity values and the state of moral principles. Humanity values especially nobility mind formed the basic of freedom of thought and will. Nobility mind basic to foster unity, cooperation, freedom, democracy, and justice. Islamic teachings of tolerance are very relevant to the Indonesian nation state principle. Islam teaches religious nature and noble attitude, the attitude of respect for moral rules and actions. Tolerant teachings of Islam comes from religious values and universal humanities, so do not know the theory, attitudes, and practices that are based on violence and coercion in the field of divinity, politics, and economics.

Access to Fertility Treatments for Homosexual and Unmarried Persons, through Iranian Law and Islamic Perspective

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Reza Omani Samani

2007-01-01

Full Text Available Background: A family traditionally consisted of a married man, his wife, and their children. The new reproductive technologies including use of the third party as egg, sperm and embryo donation and also surrogacy have changed the traditional meanings of lineage, ancestry and family. The increasing number of lesbians and gays in addition to single women requesting fertility treatment from IVF centers in the world has brought a debate: “Can fertility treatment be offered to single persons or homosexuals?” According to ASRM and ESHRE taskforces, there is no such limitation, but as legislations and law, also ethical and social considerations depending on the culture, believes and religion of societies must be considered as limitations in some contexts like Iran.Materials and Methods: In this study we review the Iran law and also some Islamic resources about offering the fertility treatment to single mothers or homosexuals.Results: Homosexuality is not accepted in Islamic contexts and is considered as a crime. Children should have a family with both mother and father, unless they lose one of them or both. In the latter situation Islamic court will hand over the custody of the child to someone else like uncle or grandfather.Conclusion: We concluded that according to Islam and Iran’s law, fertility treatment cannot be offered to single mothers and homosexuals mostly because of welfare of the child.

ISLAMIC PARTIES AND THE POLITICS OF CONSTITUTIONALISM IN INDONESIA

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Mukrimin Mukrimin

2012-12-01

Full Text Available This article examines the relationship between religion and the state in Indonesia by exploring how Islam is used by political parties to shape the politics. The study shows that Islamic politics is a complementary in both nationhood and statehood in Indonesia. From the early days of the new-born nation-state, Muslims in Indonesia had played significant role in shaping the nation; nonetheless, they have never dominated the political power. Fragmentation among Muslims themselves and internal political parties is among the reason why religious (Islamic parties failed in bringing religious identity to the state arena. Political subordination-inclusion-ignorance-confrontation is the circular game that features Islamic politics in Indonesia. The debatable issue on shari‘ah law, which is frequently used by Islamic parties, always becomes the core problem of the relation between Islam and the state. Even though Islam has played an important role in colouring the Indonesian politics, its existence remains complementary.

Defeating the Islamic State at Three Levels of War

Science.gov (United States)

2016-05-13

FINAL 3. DATES COVERED (From - To) 4. TITLE AND SUBTITLE Defeating the Islamic State at Three Levels of War 5a...ABSTRACT The Islamic State (IS) continues to be weakened at the operational level in Syria and Iraq. To remain legitimate, the insurgency is shifting...paper concludes with recommendations to aid planners in developing a concept to achieve the President’s desired end state. 15. SUBJECT TERMS Islamic

Regulasi tentang Pornografi: Tinjauan Kontekstual Hukum Islam

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Hamdan Hamdan

2006-12-01

Full Text Available The issue and reality of pornography is as old as the civilization of human beings. The sensitivity of pornography-porno actions in the context of Indonesian society with the biggest number of muslims population in the world is getting hotter along with the plan to regulate the pornography. Pro-cont of pornography is related to definition, criteria and limitation of pornography- porno actions. The polemic becomes more  complicated when it is associated with economy, politics, religion, art, etc.Although it is not a major issue anymore—as it was few months ago—this writing aims at giving reflection on pornography dealing with Islamic law mainly on the aspect of law concluding  (istinbat al-hukm and aspect of profit and loss. The reflection of Islamic law on genitals and the reposition of knowledge of Islamic law as individual and social ethic controlled by society and State will be analyzed deeper in this writing.  

The Islamic State and U.S. Policy

Science.gov (United States)

2016-06-14

global sense of urgency about further weakening the group and preventing future attacks. Members of Congress, Administration officials, and their...organization, IS terrorist attacks may restore a sense of pride and accomplishment among its members but also may galvanize new patterns of multilateral...question “Is the Islamic State Islamic?” to focus on whether or not the group’s members and actions are authentically Islamic in the sense of

ETHICS AND THE PRINCIPLES OF ISLAMIC BANKING IN THE PERSFEKTIF ISLAMIC ECONOMICS LAW

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Saifullah Bombang

2016-02-01

Full Text Available Ethics, the value of which is sourced from the primary source of Islamic teachings inthe formation of the principles of Islamic banking in the legal system of Islamic economy. Theprinciple has been terekonstrumsi into the principle of a unified whole and undivided oneunified principle which has the same meaning and effect of all time. The two are inseparableand mutually binding becomes reference in carrying out the charitable effort (muamalah. Allactivity in the economy, including banking should always be in accordance with the principlesof Islamic teachings so as to avoid a banking practice that is full of violations of Islamic valuesand norms. The enforcement principle – the principle of Islamic banking Shariah Islamic lawin the dinormakan economy meant is to mengkonsistensikan the Islamic teachings with thepractice of the banking terkaontaminasi with other systems are generally incompatible with theethics and principles of Islam. Islam offers concept to humanity which is sourced from theQur'an and Sunnah in terms of conducting relationships or transactions with other persons,including in the field of finance as manisfestasi of Islamic teachings in the field of banking.Ethics, values and principles into the source and reference in formulating norms of Islamic lawgoverning the legal relationship in banking issues. All financial transactions in banking shouldbe subject to the legal norms of islam and every muslim needs to take hatian and not get caughtup in the banking system that are not kosher (usury and subhat so that the existence of theIslamic banking is getting solid growth and strong for the benefit of mankind.

Islam Dan Demokrasi Di Malaysia: Hubungan Agama Dan Negara Yang Unik

OpenAIRE

Sahidah, Ahmad

2011-01-01

Some Malaysian people has repudiated their country as an Islamic state. At the same time, the other people, especially Muslims, asserted that Malaysia already is and ought to be regarded such. The participation of Malaysia in Organization of the Islamic Conference and the enactment of syari'ah in its law system has evident in it self. From the discourse of Islamic politics, however, the Islamic state is not a monolithic concept. Interestingly, after the Pakatan Rakyat won many seats in parlia...

Competitiveness of Educational Quality of the State College of Islamic Studies (STAIN) Pontianak after Status Change to the State Institute of Islamic Studies (IAIN) Pontianak

Science.gov (United States)

Misdah

2016-01-01

The purpose of this study was to determine: 1) Reality competition education quality of The State college of Islamic studies (STAIN) Pontianak after status change to the state institute of Islamic studies (IAIN) Pontianak, 2) Education quality management strategy of The State college of Islamic studies (STAIN) Pontianak after status change to the…

Gender Perspektif dalam Formalisasi Syariat Islam di Aceh

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T. Saiful Saiful

2016-08-01

ABSTRACT. This paper aims to explain the gender perspective in law making and the views of Muslim scholars on how best Qanun gender perspective. In establishing the Qanun, Pancasila as the state used as a parameter for gender equality, as well as several other provisions in the form of laws, international treaties and conventions that protect women's rights. Understanding of the nature of the text where the Qur'an and hadith about Islamic values deserve special assessment and due diligence to find the spirit of sharia (philosophical of a provision of the law in an effort formalization of Islamic law with a gender perspective.

Imperial Russia as Dar al-Islam? Nineteenth-Century Debates on Ijtihad and Taqlid among the Volga Tatars

NARCIS (Netherlands)

Kemper, M.

2015-01-01

The Muslims of the Russian Empire provide us with some interesting cases of how local Islamic scholars used the language and genres of Islamic law to describe their situation in a "northern" and non-Muslim state. The development of Islamic law in nineteenth-century Russia was influenced by close

Islam, Standards, and Technoscience

DEFF Research Database (Denmark)

Fischer, Johan

Halal (literally, "permissible" or "lawful") production, trade, and standards have become essential to state-regulated Islam and to companies in contemporary Malaysia and Singapore, giving these two countries a special position in the rapidly expanding global market for halal products......, this book provides an exploration of the role of halal production, trade, and standards. Fischer explains how the global markets for halal comprise divergent zones in which Islam, markets, regulatory institutions, and technoscience interact and diverge. Focusing on the "bigger institutional picture...

ISLAMIC BUSINESS ETHICS BETWEEN REALITY

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Hasyim Nawawi

2013-09-01

(balance, (3 freedom to make efforts (4 amânah (being responsible, (5 upholding the truth, virtues, and honesty. In the context of Indonesian-ness, actually in the business of law enforcement, it has been mostly implemented, although the implementation is different when the business is run in the early days of Islamic civilization. At the beginning of Islamic civilization it is available an oversight agencies (al-hisbah whose function is to review business presence in the market, in terms of both lawful and illicit products sold, the size of the scales, the honesty of a seller and other things that harm. The standard measurement of law enforcement in Indonesia is based on the clause related to harm others, not related to halâl and harâm products. In its implementation it is expected that the practice of businesses can be done by emphasizing ways introduced by Islam in the Islamic busines ethics. Business in the law full field with positive benefit, non by froud, should be stated as for what it is (honest, by not to damage the environment and other ecosystems Kata Kunci: Islamic busines, ethics, Tawhid, Amânah, al-Hisbah

HEADMASTER POLICY OF SENIOR ISLAMIC SCHOOL TO INCREAS TEACHER PROFESIONALISM AT STATE SENIOR ISLAMIC SCHOOL 2 MODEL MEDAN

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Muhammad Arifin Tanjung

2017-09-01

Full Text Available State Senior Islamic School 2 Model Medan oh of famous Islamic schools in North Sumatera. The issues in this writing are what are the formulation, organization, application, and evaluation of headmaster Policy of Senior Islamic School to Increase Teacher Professionalism at State Senior Islamic School 2 Model Medan. To explain the main issue in this writings, I have to observe and interview the Moslem population. Data has been collected will be explained detailly and analyzed by Islamic education management. Based on research, formulation of headmaster Policy of Senior Islamic School to Increase Teacher Professionalism at State Senior Islamic School 2 Model Medan is bottom up which ideas from teachers, beginning from teachers meeting in one subject, teachers meeting in one program, annual meeting in a month and annual meeting in a year, and finally in teamwork, for example, anual teachers meeting, seminar, workshop, coffee morning, study comparison to university and another school. It will motivate teacher in teaching, activity, and anything. Besides it, headmaster facilitates everything whatever teacher need it, for example, infocus, laptop, and everything. And the organization of headmaster Policy of Senior Islamic School to Increase Teacher Professionalism at State Senior Islamic School 2 Model Medan is cooperation with the school community and he helped by vices and head program and teachers and chairman of the student. The special of school organization is evaluation of teachers activity and relation to abroad. Headmaster states his position as a teacher who teaches students, a leader who leads teachers, a manager who manages, a motivator who motivate, a supervisor who supervise teachers activity, and facilitator for teachers. And finally evaluation of headmaster Policy of Senior Islamic School to Increase the Teacher Professionalism at State Senior Islamic School 2 Model Medan each level, beginning from teachers meeting in one subject

Activity Of The Moderate And Radical Islamic Organizations In The European States

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Nina V. Volodina

2014-12-01

Full Text Available In the present article author examines various aspects of Islamic organizations functioning in modern European countries. In the world the dangerous situation due to the spread of radical Islamic views, this is directly related to safety arose. Author researches some aspects of Islamic organizations in Europe functioning and their division into "moderate" and "radical". Author notes that the concept of "moderate Islam" is actively used in the western countries. In the article it is emphasized that supporters of such division believe that it is the "moderate Islamists" may help deal with the terrorist threat. Author gives definition of "religious extremism" and analyzes activities of Islamic organizations in Germany and France, as well as other European countries at the present stage of their development. In the process of study author pays enough attention to the notion of "spreading radicalism within the law", analyze existing legal acts. In the article problems of financing extremist organizations is pointed out and the need to create a set of joint measures to counter extremism and terrorism by Russian Federation and European countries, further improvement of law-enforcement is identified.

Countering Islamic State Messaging Through “Linkage-Based” Analysis

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J.M. Berger

2017-08-01

Full Text Available The Islamic State’s recent losses on the battlefield, including significant casualties within its media and propaganda division, offer a unique opportunity to inject competing and alternative messages into the information space. This paper proposes that the content of such messages should be guided by a linkage-based analysis of existing Islamic State messaging. A linkage-based analysis of a top-level 2017 audio message by Islamic State spokesperson Abu Hasan al Muhajir offers several potential insights into crafting effective content for competing and alternative messages. A comparison of the 2017 work to earlier Islamic State messaging also reveals specific opportunities to undermine the credibility of the organisation’s broader propaganda programme by highlighting the organisation’s repeated failure to follow through on its extravagantly promised commitment to achieving its stated goals.

Strategies for Combating Islamic State

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Timothy Sands

2016-08-01

Full Text Available The Islamic State in Iraq and Syria (ISIS announced the formation of the “Islamic Caliphate” as an alternative to modern states, on 29 June 2014 (the first day of Ramadan. The ISIS vision shared by other global jihadist organizations such as al-Qaeda is an apocalyptic post-state. Many authors very quickly evolve from the idea of the potential threat to either the U.S. or its allies to a requisite necessity of strong military action by the U.S. to defeat ISIS. Something frequently absent in analyses of U.S. reactions to ISIS is the capabilities, responsibilities, and opinions and desires of neighboring Gulf countries. This paper will incorporate attitudes and opinions of Gulf countries to imply responsibilities to deal with ISIS prior to considering potential U.S. actions.

Brain death and Islam: the interface of religion, culture, history, law, and modern medicine.

Science.gov (United States)

Miller, Andrew C; Ziad-Miller, Amna; Elamin, Elamin M

2014-10-01

How one defines death may vary. It is important for clinicians to recognize those aspects of a patient's religious beliefs that may directly influence medical care and how such practices may interface with local laws governing the determination of death. Debate continues about the validity and certainty of brain death criteria within Islamic traditions. A search of PubMed, Scopus, EMBASE, Web of Science, PsycNet, Sociological Abstracts, DIALOGUE ProQuest, Lexus Nexus, Google, and applicable religious texts was conducted to address the question of whether brain death is accepted as true death among Islamic scholars and clinicians and to discuss how divergent opinions may affect clinical care. The results of the literature review inform this discussion. Brain death has been acknowledged as representing true death by many Muslim scholars and medical organizations, including the Islamic Fiqh Academies of the Organization of the Islamic Conference and the Muslim World League, the Islamic Medical Association of North America, and other faith-based medical organizations as well as legal rulings by multiple Islamic nations. However, consensus in the Muslim world is not unanimous, and a sizable minority accepts death by cardiopulmonary criteria only.

MENUJU HUKUM PERKAWINAN ISLAM PROGRESIF TOWARDS PROGRESSIVE ISLAMIC MARRIAGE LAW

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Muhamad Isna Wahyudi

2014-03-01

Full Text Available Ada  beberapa  ketentuan  dalam  Rancangan  Undang-Undang  Hukum  Materiil  Peradilan  Agama bidang  Perkawinan  yang  perlu  dirumuskan  sesuai  dengan  kondisi  saat  ini.  Dengan  cara  tersebut, hukum  perkawinan  Islam  di  Indonesia  akan  progresif  dan  tidak  diskriminatif  terhadap  kaum perempuan. Ketentuan-ketentuan tersebut mencakup rukun perkawinan, usia perkawinan, wali nikah, dan status anak. Makalah ini mencoba untuk melakukan kontekstualisasi ketentuan-ketentuan tersebut sesuai  dengan  kondisi  saat  ini  dengan  menggunakan  pendekatan  hermeneutik.  Sebagai  hasilnya, pencatatan  perkawinan  seharusnya  menjadi  salah  satu  rukun  perkawinan,  usia  perkawinan  harus dirumuskan  dengan  mempertimbangkan  kesehatan  reproduksi  kaum  perempuan,  wali  nikah  bagi calon pengantin perempuan bukan rukun perkawinan, dan anak dari perempuan yang menikah pada saat hamil termasuk sebagai anak sah yang memiliki nasab kepada kedua orang tuanya. There are some provisions on the Bill of Religious Judicature Substantial Law on Marriage that need to  be formulated in  accordance  with the  present time.  In  this  way,  the Islamic  Law  of Marriage in Indonesia  will  be  progressive  and  not  discriminative  against  women.  Those  provisions  include  the pillar of marriage, the age of marriage, the guardian of marriage,  and the status of child.  This article tries  to  contextualize  those  provisions  in  accordance  with  the  present  time  using  hermeneutical approach. As the result, the registration of marriage should be one of the pillars of marriage, the age of  marriage  should  be  formulated  by  considering  women’s  reproduction  health,  the  guardian  of marriage for the bride is not pillar of marriage, and the child of pregnant woman marriage is counted as legal child whose lineage to both parents

Adab Sebagai Politik Hukum Islam

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Yogi Prasetyo

2017-05-01

Full Text Available This paper aims to know the concept of adab as the politics of Islamic law. Only Islam has the adab to organize people in all spheres of life while still being able to keep up with the times. Islam as a civilized religion wants the good of the world and here after by making human beings as khamil who believe and piety to Allah SWT is evidenced by obedience to His laws as dijelskan in al-Qur’an and Hadith. Adab is a basic principle typical of Islam which contains the values and rules of law that govern human life. Adab contains an inner philosophy of life that explains the lives of the past, present and future. The dimensions of space and time covered in adab can always follow global developments, so that there is an eternal politics of Islamic law as a way for the Islamic law that governs the good of human beings to be the main grip in living life. It is important that the role of adab in the development of the ummah, because it contains about the laws of Allah SWT to regulate acceptable human life and become the main need to practice it, because the goodness that is in it is desired by the whole people. The value contained in it is able to reduce the egoism and fanatic sentiments that are often spread by interested parties. As the politics of Islamic law, adab contains the wisdom of life, contained in it can provide widespread benefit to all mankind.

Lodhi 5 Properties Investments CC v FirstRand Bank Limited [2015] 3 All SA 32 (SCA and the Enforcement of Islamic Banking Law in South Africa

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Maphuti David Tuba

2017-03-01

Full Text Available On 22 May 2015, the Supreme Court of Appeal (SCA handed down a judgment in the matter of Lodhi 5 Properties Investments CC v FirstRand Bank Limited [2015] 3 All SA 32 (SCA. This judgement considered whether the prohibition against the charging of interest on a loan in terms of Islamic law (Sharia law may be a defence for a claim for mora interest in terms of a loan agreement. This note critically discusses the judgment in the light of the approach adopted by the SCA with regard to addressing a dispute arising from a contract that has Islamic law as a governing law. As this is the first case to come before the SCA in South Africa, this note critically analyses how the court discussed the principles of Islamic law as applicable to the dispute between the parties. In particular, it questions the court's assertion that a claim for mora interest has nothing to do with and is not affected by the Sharia law's prohibition against payment of interest on a loan debt. It also looks at the SCA's approach (as a common law court with regard to the enforcement of the principles of Islamic banking law. The judgment raises important issues regarding the enforceability of Islamic finance law and therefore merits discussion in the context of the continuing growth and expansion of Islamic banking and finance law in South Africa.

Islam, Islamism, and Democratic Values. Footnotes. Volume 11, Number 4

Science.gov (United States)

Kuehner, Trudy

2006-01-01

On May 6-7, 2006 FPRI's Marvin Wachman Fund for International Education hosted 44 teachers from 16 states across the country for a weekend of discussion on teaching about Islam. Speakers were drawn from the disciplines of religious studies, anthropology, political science, history, law, and journalism. The institute, held in Bryn Mawr, Pa., was…

Memperkuat ’Urf dalam Pengembangan Hukum Islam

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Ach Maimun

2017-08-01

Full Text Available Sejauh ini, keberadaan ’urf sebagai sumber hukum Islam tidak menonjol. Padahal `urf memiliki posisi penting untuk pengembangan Islam di Nusantara yang kaya budaya. `Urf dapat menjadi pembendung kolompok yang anti terhadap tradisi lokal. Para ulama sejatinya telah berbicara panjang lebar tentang ’urf sebagai dasar hukum. Para mujtahid dan mufti disyaratkan menguasai tradisi suatu masyarakat dan cermat mempertimbangkannya. Untuk itu diperlukan upaya penguatan ‘urf dalam rangka pengembangan hukum Islam agar dapat tetap berperan di masa depan. Tujuan itu dapat dilakukan dengan beberapa langkah, yaitu memperbaiki cara memahami dan mendudukkan nash sebagai landasan utama hukum Islam, menegaskan posisi fiqih sebagai hasil ijtihad manusiawi yang historis dan kultural, dan melakukan negosiasi antara doktrin Islam dengan tradisi sekaligus menciptakan tradisi baru sebagai wujud penerjemahan doktrin yang bersifat mutlak. (The existence of 'urf as one of sources of Islamic law is not dominant while it has an important position in the context of Islamic development in Indonesia, which is rich of culture and tradition. `Urf can be a barrier against those who are anti-local traditions. Actually, Islamic scholars have discussed a lot about ‘urf as the legal basis in the context of Islamic law. Mujtahid (experts in islamic law and mufti (advisers on religious law are required to be knowledgable of the traditions of a society and carefully consider them.Therefore, it is necessary to strengthen the 'urf for developing Islamic law in order to keep it playing a role in the future. In so doing, it is necessary to take several steps; improving the way to understand and place the texts of the Quran as the main foundation of Islamic law, affirming the position of Islamic jurisprudence as the result of historical and cultural human interpretation and judgement (ijtihad, and negotiating between Islamic doctrine and tradition while creating new traditions as a form

The Islamic State Unfiltered

NARCIS (Netherlands)

Gloerich, I.; Kolopaking, C.; Cachia, R.; Rowson, R.; Clandillon, Susan

Instagram has become an unsuspecting pulpit ­– seemingly caught off guard – for those determined to spread a militant message of Islamic State terror. Graphic, fanatical and oftentimes heavily photoshopped images weave through Instagram’s labyrinth of sunset snaps and gym selfies to advance a

The Islamic State unfiltered

NARCIS (Netherlands)

Gloerich, Inte; Rowson, Rose; Cachia, Rebecca; Clandillon, Susan; Kolopaking, Cristel

Instagram has become an unsuspecting pulpit ­– seemingly caught off guard – for those determined to spread a militant message of Islamic State terror. Graphic, fanatical and oftentimes heavily photoshopped images weave through Instagram’s labyrinth of sunset snaps and gym selfies to advance a

Off With Their Heads: The Islamic State and Civilian Beheadings

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Steven T. Zech

2015-05-01

Full Text Available 'This commentary evaluates the use of beheadings by the Islamic State in Syria and Iraq. We place beheadings in a broader historical context and draw from academic research in terrorism studies and the social sciences to explain why the Islamic State has adopted such brutal tactics. We outline the strategic logic of beheading and evaluate explanations related to symbolic politics, culture, and organizational dynamics. We conclude with a discussion about the future of Islamic State violence.' ' '

Islamic Political Thought between Justice Value and the State Structure

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Ahmed As-Sirri

2013-06-01

Full Text Available The paper discusses the relationship between state structure and the implementing of justice in the Islamic society. The shift from caliphate system to the system of royal system starting from the Umayyad Dynasty (41-132 AH / 661-750 AD made the issue of social justice highly urgent. The main question discussed was : Is there a relationship between state structure and achieving social justice? To answer this question the paper reviews the relationship between religious authorities and political authorities in the main periods of Islamic history. Based on these relations as well as the intellectual product known as the “Heritage of Islamic Political Thought”, we concluded that the classical structure of Islamic state didn’t assure the implementing of justice. In light of the forgoing idea we could also conclude that the political islamic thought used today in context of “Arab spring” does not support the aspirations of building a modern state that assures the implementing of justice as well as variety of social, cultural and political rights.

REKONSTRUKSIHUKUM ISLAM DANIMPLIKASI SOSIAL BUDAYA PASCA REFORMASI DI INDONESIA

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Muwahid Shulhan

2013-03-01

Full Text Available Abstrak: Nabi Muhammad tidak sepenuhnya memusnahkan tradisi Arab pra-Islam. Bahkan, Nabi Muhammad banyak menciptakan aturan-aturan yang melegalkan hukum adat masyarakat Arab, sehingga memberi tempat bagi praktik hukum adat di dalam sistem hukum Islam. Signifikansi peran budaya dalam hukum Islam kemudian diteruskan oleh para penerusnya. Dengan demikian, budaya memiliki posisi yang penting dalam sejarah hukum Islam. Ini juga membuktikan bahwa budaya yang berkembang dalam masyarakat tidak harus tunduk dalam ekspresi hukum Islam (corak Arab, melainkan hukum Islam harus melakukan proses mutasi untuk beradaptasi di bawah naungan budaya yang hidup di masyarakat sepanjang budaya tersebut tidak bertentangan dengan ajaran fundamental dan spirit Islam. Dalam konteks Indonesia, paling tidak ada dua gagasan penting, yaitu: “fikih Indonesia” dan “pribumisasi Islam”. Dari kedua gagasan ini, setidaknya ada dua paradigma penting dalam upaya pribumisasi hukum Islam, yaitu: pertama, kontekstual, hukum Islam dipahami sebagai ajaran yang terkait dengan dimensi zaman dan tempat. Kedua, menghargai tradisi lokal. Dengan kedua paradigma ini, maka pribumisasi hukum Islam akan menjadi lebih jelas. Dengan demikian, pasca reformasi haruslah menjadi momen positif untuk merekontruksi budaya lokal, bukan malah menghancurkannya dengan pemaksaan konsep hukum yang tidak sesuai dengan kepribadian bangsa Indonesia. Abstract: The fact explains that the Prophet Muhammad is not completely destroy the tradition of pre-Islamic Arabia. In fact, Prophet Muhammad creating many rules of customary law which  legalizing pre-Islamic custom of  Arab society, thus giving the place for the practice of customary law in the Islamic legal system. The significance of  culture in Islamic law and then passed on by his successors. Thus, culture has an important position in the history of Islamic law. It also proves that the culture that developed in the community should not be subject to the

Some Demands Towards Establishment For Islamic Banking Law in Islamic Perspective

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Djawahir Hejazziey

2016-04-01

Full Text Available Beberapa Tuntutan Terhadap Pemberlakuan Hukum PerbankanSyariah. Hukum dibentuk untuk melayani masyarakat. Dengan demikian, hukum tunduk kepada masyarakat. Berbeda halnya dengan hukum agama (Islam, masyarakat wajib tunduk kepada hukum agama (Islam. Hukum yang dapat dipatuhi dan diterima oleh masyarakat adalah hukum yang didesain sesuai dengan ideologi dan kepercayaan masyarakat itu sendiri. Masyarakat Indonesia mayoritas memeluk agama Islam. Untuk itu, kelahiran dan pembentukan hukum perbankan syariah banyak dipengaruhi oleh tuntutan masyarakat yang didukung berlatar belakang agama yang dianut, di samping adanya tuntutan ideologi, politik, ekonomi, dan budaya. DOI: 10.15408/jch.v1i1.2921

Kurikulum Fikih dalam Bingkai Negara Kesatuan Republik Indonesia: Upaya Membangun Peradaban Islam berbasis NKRI

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Mustatho'

2016-12-01

Full Text Available Despite having a population that is predominantly Muslim, Indonesia is not an Islamic state; instead, it is a unitary state with different ethnic, tribal, cultural and religious views. Therefore, the awareness of Indonesian people toward the concept of plurality is instrumental in social life. This article attempts to discuss the need for a method in learning Islamic law that leads to the cognizance of the importance of plurality. By using content analysis method, this study focuses on finding learning methods of Islamic law within the framework of the Negara Kesatuan Republik Indonesia (NKRI, Unitary Republic of Indonesia. It finds that all textbooks on Islamic law taught at secondary schools have deficiencies in addressing Indonesian diversity in an inclusive manner. Hence, more reading materials that touches on issues of plurality in the interest of the state and nation are badly needed. The results of this study confirm that the plurality-sensitive Islamic jurisprudence (fiqh can be implemented in two ways: first, through education; and second through reforming the body of fiqh itself. When the concept of fiqh is unresponsive toward the phenomenon of pluralism and human rights, then its manifestations by Muslims may also envisage this very own fiqh concept.

Social Responsibility and the State's Duty to provide Healthcare: An Islamic Ethico-Legal Perspective.

Science.gov (United States)

Padela, Aasim I

2017-12-01

The United Nations Educational, Scientific and Cultural Organization's (UNESCO) Declaration on Bioethics and Human Rights asserts that governments are morally obliged to promote health and to provide access to quality healthcare, essential medicines and adequate nutrition and water to all members of society. According to UNESCO, this obligation is grounded in a moral commitment to promoting fundamental human rights and emerges from the principle of social responsibility. Yet in an era of ethical pluralism and contentions over the universality of human rights conventions, the extent to which the UNESCO Declaration can motivate behaviors and policies rests, at least in part, upon accepting the moral arguments it makes. In this essay I reflect on a state's moral obligation to provide healthcare from the perspective of Islamic moral theology and law. I examine how Islamic ethico-legal conceptual analogues for human rights and communal responsibility, ḥuqūq al-'ibād and farḍ al-kifāyah and other related constructs might be used to advance a moral argument for healthcare provision by the state. Moving from theory to application, I next illustrate how notions of human rights and social responsibility were used by Muslim stakeholders to buttress moral arguments to support American healthcare reform. In this way, the paper advance discourses on a universal bioethics and common morality by bringing into view the concordances and discordances between Islamic ethico-legal constructs and moral arguments advanced by transnational health policy advocates. It also provides insight into applied Islamic bioethics by demonstrating how Islamic ethico-legal values might inform the discursive outputs of Muslim organizations. © 2016 John Wiley & Sons Ltd.

THE BAND OF ABDUL QAHHAR MUDZAKKAR: Biographical Sketch of Rebelious Leaders of Islamic State-Indonesian Islamic Army (DI/TII of Sulawesi

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Muhammad Hasbi

2014-12-01

Full Text Available The rebellious movement of Islamic State-Indonesian Islamic Army (DI/TII began from dissa­tis­faction towards the secular state of newly indepen­dent Indonesia. Abd. Qahhar Mudzakkar, the leader of DI/TII in Sulawesi and his followers revolted against the govern­ment, and subsequently formed their own Islamic government. Since Qahhar graduated from Muhammadiyah school, his theological basis in his cause to establishing an Islamc state is very prevalent. He believed that his Islamic state is to uphold the truth and to defend the religion of Allah. Thus whoever opposed his DI/TII movement would be considered infidel simply because of favoring or supporting the Indonesian government they considered secular and communist. His followers and supporters were preachers and clerics, who helped Qahhar by carrying out specific functions and positions in his Islamic state. In addition, those people played an important role in getting recognition and acceptance of Sulawesi muslim society for Islamic state campaign launched by Abdul Qahhar Mudzak­kar. Without their involvement, DI/TII would never had been so popular among muslim community in Sulawesi.

Law Review of Islamic Capital Market Role to Support Sustainable Economic Development

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Helza Nova Lita

2014-03-01

Full Text Available Objective - The objective of this paper is to assess on how the rule of Islamic capital markets to support   sustainable economic development and what kind of instruments can be developed.Method – The method used in this research is the study of normative juridical approach to legislation and the concept of Islamic economics through literature review.Result – Issuer's business activities related to support for environmentally friendly business activities are part of the implementation of sharia principles despite the provisions of the implementation of Islamic finance through a decision has not been stated . All types of instruments issued by issuers of sharia in Indonesia should be consistent with Islamic economic values, including the commitment to enforcement of environmentally friendly business activities.Conclusion – This finding suggests to strengthen the legal instruments in the issuer's issuance of Islamic instruments in the form of regulations issued by the Securities and Exchange Commission  and through the National Fatwa Council of Sharia.Keywords : Islamic Capital Markets, sustainable economic development, friendly environment

Negotiating Justice: American Muslim Women Navigating Islamic ...

African Journals Online (AJOL)

A common challenge my interlocutors faced in divorce was establishing an access to Islamic divorce and a divorce on equitable terms. Using their understanding of Islamic law as a standard for justice, my interlocutors employed both civil law and religio-legal strategies to re-defi ne the terms of Islamic divorce for themselves ...

MODERNISME DAN REFORMISME DALAM PEMBINAAN HUKUM ISLAM DAN PRANATA SOSIAL

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Bahdar

2013-12-01

Full Text Available This paper describes the development of modernism and reformism in Islamic law and social institutions. This study is directed to the existence of Islamic law in the midst of social change. Islamic law is eternal is faced with an ever-changing social reality, has attracted serious attention in many scientific experts. It is a debate among scholars orientalis is about environmental adaptability of Islamic law with the social development of society. Society always change with the change of time and place, while sharia law final and eternal nature. In connection with the issue, it is questionable whether Islamic law can be developed and can accommodate the interests of humanity that is always moving forward. Or whether only follow God set eternity.

Journal for Islamic Studies

African Journals Online (AJOL)

It is committed to the publication of original research on Islam as culture and civilization. It particularly welcomes work of an interdisciplinary nature that brings together history, religion, politics, culture and law. The Journal has a special focus on Islam in Africa, and on contemporary Islamic Thought. All articles are subject to ...

The Islamic State and U.S. Policy

Science.gov (United States)

2017-01-18

for an explicit containment strategy tended to assess the linkage between the Islamic State’s success or staying power in the Middle East and terrorist...by some Shia of the democratic political process to monopolize political power in Iraq. Following Zarqawi’s death at the hands of U.S. forces in June...organization in early 2013. The Islamic State presence grew further as additional Taliban factions broke with the Taliban and declared allegiance to the

Dimensi politik hukum dalam perkembangan ekonomi Islam di Indonesia

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Bambang Iswanto

2015-02-01

Full Text Available This study aims to describe the history of recent Islamic economic development in the correlation to politics as a sought to formulated some Islamic economic laws. This qualitative study is an exploratory- analysis. It intended to analyze the position of Islamic economic in Indonesian’s system of law, so it will found the clear description of the implementation of Islamic economic laws in Indonesia. It is a library research. The study found that it is important to found the frame of the development of the products of Islamic economic law at the both period; i.e. New Order and Reformation Era. The concept of Islamic economy is still dominated by the application of Islamic principles in the areas of finance, especially banking. This dominance is not supposed to leave the Islamic economic instruments. In this respect, it associated with the political and legal product, then all the aspects and the Islamic economic instruments should be viewed comprehensively. Tulisan ini akan menguraikan mengenai sejarah ekonomi Islam modern dan keterkaitannya dengan politik dalam upaya merumuskan berbagai hukum ekonomi Islam. Penelitian kualitatif ini merupakan studi exploratory-analysis. Pendekatan ini dimaksudkan untuk menganalisis posisi ekonomi Islam dalam tata hukum Indonesia sehingga akan dapat diperoleh gambaran bagaimana bentuk implementasi ekonomi Islam di Indonesia. Penelitian kepustakaan ini menemukan urgensi untuk menemukan kerangka pengembangan produk hukum ekonomi Islam pada dua periode yang ada yaitu Orde Baru dan Era Reformasi. Konsep ekonomi Islam masih didominasi dengan penerapan prinsip Islam dalam bidang keuangan terutama perbankan. Dominasi ini tidak seharusnya melupakan instrumen ekonomi Islam lainnya karena jika dikaitkan dengan politik dan produk hukum, maka semua aspek dan instrumen ekonomi Islam tersebut harus bisa dilihat secara komprehensif.

Islamic State, Identity, and the Global Jihadist Movement: How is Islamic State successful at recruiting “ordinary” people?

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Alyssa Chassman

2016-12-01

Full Text Available What conditions breed radicalization? How does Islamic State capitalize on those conditions to maximize their recruitment numbers? The foreign fighter phenomenon has puzzled academics, particularly as the crisis in Iraq and Syria has seen an influx of foreign fighters from “ordinary” backgrounds. This analysis attempts encapsulate why Islamic State is successful at recruiting foreign fighters by looking at their recruitment strategies in practice in conjunction with secondary analysis of identity theories and sociological processes of recruitment. The analysis finds that identity crises are key factor in the process, and IS recruiters are methodical in their approach of how they interject their ideology on the hearts and minds of the vulnerable.

Islamic Contracts of Finance in Malaysia

OpenAIRE

Richards, Matt

2003-01-01

This paper explores the legal issues that arise in several of the principal instruments currently used in Islamic financing in Malaysia. Through the document review, it is submitted that these financial instruments consist of English-Malaysian commercial law, albeit set within an Islamic periphery. A consideration of how Islamic law could affect the litigation of these instruments is also undertaken and it is further submitted that given the current statutory and judicial framework...

The Development of Murabaha in Indonesian Islamic Banks

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Ari Kurniawan

2016-06-01

Full Text Available Over the last few years, Islamic trading transaction has become more popular in Indonesia. Retail trade in Islamic banks for an example. There are many Islamic banks in Indonesia that provide alternative business transactions and halal product in retail trade to the public based on Islamic law, but Islamic banks must obey not only the origins of Islamic law, such as the Holy Qur’an and the Sunnah but also Islamic principle in terms of the prohibition of uncertainty, interest and gambling when they run their business in retail trade. One of the agreements in retail trade is Murabaha which involves several possible structures, notably direct trading, company (seller purchases via an agent or a third party and murabaha via the customer as an Agent. However, there are several contemporary issues, particularly Murabaha via Shares and executing time of Murabaha that still need to be discussed whether they disobey Islamic law and basic Islamic principles or not. How to Cite: Kurniawan, A., & Shomad, A. (2016. The Development of Murabaha in Indonesian Islamic Banks. Rechtsidee, 3(1, 1-16. doi:http://dx.doi.org/10.21070/jihr.v3i1.153

The Islamic State" in the Context of Political Changes in the Middle East

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Alexander A. Kuznetsov

2015-01-01

Full Text Available The article "The Islamic State phenomenon in the framework of the political changes in the Middle East" is dedicated to the "Islamic State", one of the most powerful and dangerous extremist organizations. Author realizes in this article: research of the genesis and causes of appearance of the movement "Islamic State"; analysis of the sociopolitical and geopolitical situation of the Iraqi Sunni community after the American invasion of 2003; bringing to the light factors of the high scale propagation of the Islamic extremism in Syria and Iraq; research of the military and political potential of the "Islamic State" and factors which could impede its expansion. Author considers "Islamic State" as an emergent phenomenon giving huge impact on the political situation in the Middle East. It provoked repartition of the old frontiers existed since the Sykes-Pico treaty of 1916. To the author's opinion oppression of the Iraqi Sunni community by the government of Nuri al-Maliki was the main cause of the Sunni revolt in Summer of 2014. Sunni tribes of Northern Iraq and former Baath party members were the driving forces of the revolt but then Jihadi extremists hijacked this revolt. To the author's mind elimination of the "Islamic State" is impossible without reconciliation between various religious communities in Syria and Iraq.

The Challenge of Islamic Finance

OpenAIRE

Sheng, Andrew; Singh, Ajit

2012-01-01

From its humble beginnings in the 1990s, Islamic finance has become a trillion US dollar industry. The market consensus is that Islamic finance has a bright future due to favourable demographics and rising incomes in the Muslim community. Moreover, despite voices sceptical of an accommodation between Islamic and global finance, leading global banks are buying Islamic bonds and forming subsidiaries specially to conduct Islamic finance business. Special laws have been passed in non-Muslim fi...

FREEDOM OF RELIGION IN THE PRINCIPLES OF THE ISLAMIC NOMOKRASI

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Putra Astomo

2015-07-01

Full Text Available Human thought about the country laws developed in various situations the history of human civilization. Although the concept of State law is regarded as a universal concept and are recognized by civilized nations, but at the level of implementation turns out to have a diverse character and traits. This happens because the influence of the historical situation in addition to the influence of the philosophy of the nation, schools of philosophy and the political ideology of a country. One of the substance of the State of law is the guarantee of the protection of human rights (human rights. Therefore, the context of the freedom of religion cannot be separated from the HAM as it is a human right that belongs to every citizen to embrace a religion according their respective beliefs. By understanding the existence of Nomokrasi Islam as the country's law that put the norms of Islamic law (Sharia in the Organization of the Government of a country, then the right of religious freedom also need to be protected

Islamic Jurisprudence and the Primacy of Shariah

OpenAIRE

Etim E. Okon

2013-01-01

The purpose of shariah like any other legal system is the maintenance of law and order. Society cannot achieve peace and prosperity without some form of social control. Outlawry can only lead to social disequilibrium. The focus of this paper is not the legal or juridical functions of the shariah, but the social and political dimensions of Islamic jurisprudence. Since the purpose for being of an Islamic state is the full implementation of the shariah, the aim of this study is to evaluate the n...

Islam Dan Radikalisme (Diskursus: Perilaku Kekerasan Atas Nama Agama Di Indonesia

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Mukhamat Saini

2016-03-01

Full Text Available Islam and Religious Radicalism are happening in Indonesia have been meaningful and double-faced. So, it can be said that Islam ancient (classic with the contemporary (modern are very different and even contrary to what has been taught by the Prophet Muhammad and that has been stated in the Qur'an. Radicalism that emerged in Indonesia are mostly departing from dissatisfaction and their desire to make or implement Islamic law in Indonesia. For them, the injustice, the amount of corruption, prolonged crisis and disharmony between the rich and the poor are the result of failure to apply the Islamic law. Radicalism is not suitable in Islamic teaching, so it is not worth to be addressed in the Islamic religion. Because the real Islam there is not such thing radicalism. In the Qur'an and the Hadith it self ordered his people to respect and love and be gentle to others although the followers of other faiths. Violence in the name of religion that led to this kind of distortion understanding of Islam. Religious legitimacy toward the act of violence has very complex content. In this context, at least there are two important factors that led Islamic religion is seen as "problematic" because of misguided thinking and misinterpretation the meaning and understanding of "jihad".

Withdrawing and withholding medical treatment: a comparative study between the Malaysian, English and Islamic law.

Science.gov (United States)

Kassim, Puteri Nemie Jahn; Adeniyi, Omipidan Bashiru

2010-09-01

The permissibility and lawfulness of withdrawing and withholding medical treatment has attracted considerable debates and criticisms, as the legal issues are drawn into entering the slippery slope of euthanasia. Proponents of "sanctity of life" views that withdrawing and withholding medical treatment with knowledge that death would result is still within the sphere of euthanasia, whereas proponents of "quality of life" argue that it is not, as death is not intended. Their arguments maintain that for patients who are totally dependant on machines to ensure the work of some bodily functions, living may amount to little more than survival as dying is prolonged. Furthermore, the prolonging of life of the dying patient has profound implications on patients themselves, their relatives, dependants and medical providers. Thus, withdrawing and withholding medical treatment would not only respect a patient's right to self-determination, by allowing them to die in their underlying condition, but will ensure that medical providers are able to concentrate on more worthwhile treatments. This paper discusses the intractable difficulties with the moral distinction between withholding and withdrawing treatment and euthanasia, as well as makes a comparative study between the present state of law in Malaysia and England on this issue. The paper further highlights the differences between civil law and Islamic law in this controversial area.

Teaching Islamic Law in a Positivist Environment

DEFF Research Database (Denmark)

Afsah, Ebrahim

to maintain an ‘authentic,’ distinctly Islamic social model. This presentation seeks to investigate the particular benefits for applying to the research and instruction of the ‘sacred law’ of Islam (as Weber would have it) the methodological rigour and tools of critical analysis derived from positivist...

Local Wisdom dan Penetapan Hukum Islam di Indonesia

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Sagaf Pettalongi

2012-11-01

Full Text Available Local wisdom or in terms of fiqhi is called  al-urfis something that is a customs and traditions of a society in the form of words or deeds or things leave something .Local wisdom or tradition,which does not contradict the basic principles of the teaching of Islam may be regarded as confir med as the shari’a law. The priests madhahib many legal opinion based on the consideration of local wisdom (al-‘urf. In Indonesia there are three theories that are commonly used to keep the customary law and Islamic law ,namely:Receptio in complex theory ,Receptie theory and Receptio a contrario theory .Local wisdom has played an important role towards the establishment of Islamic law in both the establishment and enforcement of Islamic law .Some scholars deter mined requirements to make the local wisdom  (‘urf as a source of Islamic law (1 local wisdom apply in the majority of cases occuring amongs the people and its implementation embraced by the majority community ,(2  ‘urf existed before the emergence of cases which would set the law ,(3 local wisdom is not contrary to clearly expressed in a contract, (4 local wisdom does not conflict with nash.

DEVELOPMENT OF ISLAMIC BANKING IN TURKEY

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ISTVÁN EGRESI

2015-12-01

Full Text Available While the financial world is still dominated by conventional banks, based on western economic principles, the number of Islamic banks is on the rise. Islamic banks have originated from colonial India as a response of the Muslims to the British who attempted to westernize their society. Other similar financial operations based on Islamic Law (Shari’a were established in Pakistan, Malaysia and Egypt to facilitate access of rural poor to interest-free loans. However, being unprofitable, these operations did not survive for very long. Islamic banks, unlike conventional banks, are not based on interest and conduct their business in accordance with a wide array of ethical and moral issues. The modern phase of Islamic banking started in the 1970s when the Islamic Development Bank was founded in Saudi Arabia. Soon after, a number of commercial banks were established in the neighboring countries. From this core, over the last four decades, Islamic finance and banking has spread across the entire Muslim world and beyond to become a global phenomenon. This study examines the development of Islamic banking in Turkey in the wider context of global expansion. Turkey is an interesting case study because, although its population is nearly 100% Muslim, it is a secular state built on the model of Western European countries. However, lately, the moderate Islamic party in power since 2002 has shown some signs of openness towards a parallel banking system based on Islamic principles.

Application of ‘Urf In Islamic and Conventional Bank

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Shafi‘i Abdul Azeez Bello

2013-06-01

Full Text Available ‘Urf or Customary law is one of the most important supporting sources in Islamic law. This can be seen through many legal rulings (ahkam in Islamic law, which was based on ‘urf in which most of these ahkam will change according to the change of circumstances, place and time. As for basis of ‘urf or custom, it is the product of the nature of the people and their culture, it grows in strength and popularity by means of imitation that transfers and implants it in the lives of people. Moreover, Contemporary financial system poses great problem and even great challenges to Muslims. Muslims are not permitted by Islamic Law to indulge in ribā. Since contemporary financial system is based on interest, Muslims have great problems in participating in it. Therefore, this paper stands to explain the application of ‘urf in Islamic and conventional Bank. The concept and principle of ‘urf in Islamic law was critically analysed such as application of ‘urf in Islamic law, differences between ‘urf and consensus of jurists, also between ‘urf and adah, in addition, classification of ‘urf, conditions of valid ‘urf and so on. Furthermore, the application of ‘urf in deposit products under Islamic and Conventional bank were well examined, types of conventional deposit products as well as Islamic deposit products. In fact the product shows that a little different was in-between them which can be easily avoid.

Application of ‘Urf In Islamic and Conventional Bank

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Shafi‘i Abdul Azeez Bello

2013-06-01

Full Text Available  ‘Urf or Customary law is one of the most important supporting sources in Islamic law. This can be seen through many legal rulings (ahkam in Islamic law, which was based on ‘urf in which most of these ahkam will change according to the change of circumstances, place and time. As for basis of ‘urf or custom, it is the product of the nature of the people and their culture, it grows in strength and popularity by means of imitation that transfers and implants it in the lives of people. Moreover, Contemporary financial system poses great problem and even great challenges to Muslims. Muslims are not permitted by Islamic Law to indulge in ribā. Since contemporary financial system is based on interest, Muslims have great problems in participating in it. Therefore, this paper stands to explain the application of ‘urf in Islamic and conventional Bank. The concept and principle of ‘urf in Islamic law was critically analysed such as application of ‘urf in Islamic law, differences between ‘urf and consensus of jurists, also between ‘urf and adah, in addition, classification of ‘urf, conditions of valid ‘urf and so on. Furthermore, the application of ‘urf in deposit products under Islamic and Conventional bank were well examined, types of conventional deposit products as well as Islamic deposit products. In fact the product shows that a little different was in-between them which can be easily avoid.

Konsep Qath’i dan Zhanni dalam Hukum Kewarisan Islam

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Ratu Haika

2016-12-01

Full Text Available The term qath'i (definitive and zhanni (speculative in Usul al-Fiqh is used to explain the sources of Islamic legal texts either the Qur'an or Hadith in two ways, namely al-tsubût (existence or al-wurud (sourced from the truth, and al-dalalah (textual implication. In terms qath'i and zhanni al-tsubut and al-wurud, Islamic jurists agree that the Koran and the hadith mutawatir is definitive, whereas ahad hadith is zhanniy ats-tsubut. They differ in terms of qath'i and zhanni of the al-dalalah (interpretation. Islamic jurists state that if a text of the Koran or Hadith contains only one meaning that is clear and not open up to other possible interpretations, as well as read certain numbers, then the text is regarded as the definitive text of textual implication. The texts relate to inheritance law fall into the category this qath`i al-dalalah. Meanwhile, contemporary Islamic jurists state that the qath'i and zhanni al-dalalah of the texts both the Koran and the hadith cannot be seen from the clarity of meaning of the texts but also on the desired essence of the text which is commonly known as the maqasid al-shari'ah. The maqasid approach must also be coupled with the theory ta'abbudi and ta'aqquli. Based on this, this article argues that the texts related to Islamic inheritance law is categorized zhanni al-dalalah because they concern of human social relations (mu`amalah which are affected by the socio-economic context of the role of men and women in society (ta`aqquli. Consequently, the texts in the field of inheritance law are open to modern interpretations.

MARKET FAIRNESS IN ISLAMIC ECONOMICS LAW AND ETHICS: A Study on Modern and Traditional Market Regulations in Indonesia

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Mustapa Khamal Rokan

2015-06-01

Full Text Available This study has been motivated by unfair market conditions in the form of marginalization of traditional markets in Indonesia due to unequal competition with the modern market. This article tries to find a fair legal formulation to maintain the existence of a small market (traditional. To find the legal formulation, the author attempts to discuss market regulation in Indonesian legislation, analyzed and found it to be optimized to create a fair market arrangements in the perspective of Islamic law. This study propose a paradigm that the market functions not only as an business institution but also as religious and social institutions based on brotherhood which requires mutual respect and responsibility. There are prescriptive law to maintain the existence of traditional markets in Indonesia, which optimizes the concept of ownership as a form of common ownership and optimize the regulation of cooperation between the traditional and the modern market economy based on the doctrine of Islamic law.

HUBUNGAN ISLAM DAN NEGARA: Merespons Wacana Politik Islam Kontemporer di Indonesia

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Hamsah Hasan

2015-04-01

Full Text Available This article aims to discuss the issues of the relationship between Islam and state in the Islamic political perspective in Indonesia. This study was motivated by the desire to criticize the development and “up and down” relationship between Islam and state that is very dynamic coloring political situation in “Islamic majority country” Indonesia. This article concluded that understanding the relationship between religion and state with Islamic political approach is not meant to establish a religious state or an Islamic state of Indonesia, but more on filling spaces are functionally religion in order society, nation and state. The relationship between Islam and state can be integrated in a functional relationship equally aspire to nobility. Even integralistic, symbiotic, and secularistic relations, each should be viewed as a form of complementary. Facing the development of modernization, the relationship between Islam and state should be articulated as an effort to always adapt to the development of society in its various aspects, such as: the globalization of the world political economy, science and technology, the development issues of democracy, gender, human rights, pluralism, both nationally and internationally.

Dinamika Dan Tantangan Masyarakat Islam Di Era Modernisasi

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Siti Makhmudah

2015-09-01

Full Text Available As believed by many experts, that this world without exception is experiencing the grand process of modernization. According to Islamic teachings, the change is part of the laws and is one of human nature and the universe as a whole. Then an ordinary, if human, community groups and environmental changes. Considering the various problems-problems islam over both intetern and externally we can understand and learn, so that we can respond and seek bagaiamana way we tackle the problem of islam is to be free of things that are not desirable towards the creation of propaganda Islamiyah is good and right that blessed by Allah.These modern times to give an intellectual basis for reform in various fields, including in the field of religion. In Arabic, the update is known by the name Tajdid. As in the term, Tajdid formulated as efforts and activities to transform the lives of the people of the state of ongoing islamdari to the state to be embodied for the sake of welfare efforts, both globally and in the hereafter , at desired by Islam. Said renewal of Islam has the meaning of "modernization", ie the teachings of Islam that is relative and open to change and update.

STUDI KOMPARASI PEMIKIRAN ABUL A’LA MAUDUDI DENGAN MUHAMMAD NATSIR TENTANG KONSEP NEGARA ISLAM

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Ainur Ropik

2015-12-01

Full Text Available This paper discusses Abul A'la Maududi comparative thoughts with Muhammad Natsir about the concept of the Islamic State, both in terms of state ideology and form of government. Despite his two live in different social settings, but his political thinking, especially about the Nation of Islam have a lot in common, yet on the other hand there is also the difference, while the striking similarities in the concept of Maududi and M. Natsir are equally wanted the establishment of an Islamic state as a whole. While the difference is the legal basis of each character is like taking Ayat al-Quran and al-Hadith different interpretation. If Maududi considers democracy as shirk, but Natsir considered legitimate democratic origin remains contrary to Islamic law.

The Correlation Of Islamic Civilization In Sciences With Western World

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Mohamed Mohamed Tolba Said

2018-01-01

Full Text Available The nature of scientific verification of knowledge distinguishes it from mystical knowledge in empirical sciences. Islam is a religion and a civilization, historically connecting various stages of human history for more than fourteen centuries. The Islamic ethics and law “Sharia’h” are coherent legal system to protect private property within a comprehensive and rational system. Capitalism and the industrial revolution of western world dramatically transformed resulting in a socio-economic schism consequently emerged as a domineer for existence and affected the Islamic world. The secular and rationalized legal framework needed capitalism, which is incompatible with the nature of Islamic law. The western science in this civilization is also separated from morality and noble values because it has adopted materialistic philosophies and ideologies, such as Pragmatism, Darwinism, Existentialism and any other philosophy that is against the Islamic religion. keywords: Islamic civilization, western world, empirical sciences, Islamic ethics, Islamic law “Shari’ah”, materialistic, human History.

Islamic Development Bank

Energy Technology Data Exchange (ETDEWEB)

1978-06-01

The Islamic Development Bank (IDB) was opened formally in October 1975 to foster the economic development and social progress of its member countries and Moslem communities individually as well as jointly in accordance with the priniciples of Islamic law. Its functions include participation in equity capital, granting loans for projects and enterprises, extending training facilities, and promoting foreign trade, especially in capital goods, among the member countries. The 34-member Bank is capitalized at 2 billion Islamic Dinars and located in Jeddah, Saudi Arabia.

Etika Bisnis dalam Perspektif Islam

OpenAIRE

Nawatmi, Sri

2010-01-01

There is no ethic in business can make a destroy in a live. Because of that, many Businessman aware. Now, business ethic is a trend.The fact indicate that there is positif relation between perform and ethic. In Islam, business ethic explained in Al-Qur'an and Hadits. History about Nabi Muhammad saw said that Nabi is a successful businessman with Islamic ethic. Be based on the law in Islam, there are five principles in Islamic ethic.

The Phenomenon of «Islamic State»

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Andrei V. Fedorchenko

2015-01-01

Full Text Available On the first day of the holy month of Ramadan July 29,2014, jihadist organization "Islamic State" (IG, formerly known as "Islamic State of Iraq and the Levant" (ISIS, announced the creation of a "caliphate" in the areas controlled by its militants in Iraq and Syria. Using the weakness of state power and poignancy of inter-ethnic, inter-tribal conflicts, the leaders of the ISIS were able to multiply the number of its supporters and increase their influence. The crisis of "secular ideologies" (primarily Western liberalism and communism, greatly contributed to the success of "Islamic boom", including the creation of the ISIS. It prompted broad appeal to the Muslim masses on the ideological basis closer to them in spirit, mentality, purely religious values. The ISIS is funded better than any other extremist group before it. At least five sources of replenishment of its finances can be named. Current goals ofjihadists include the use of a power vacuum, bringing chaos in the various territories in the Muslim world, and prepare the ground for the transition to the ultimate goal of the program, namely the re-establishment, as it is declared, of the powerful theocratic state - the Caliphate, in the likeness of that which existed in Middle Ages, during the victorious Muslim conquests in the VII-IX centuries. The effectiveness of the fight against the ISIS depends on a combination of political, military, economic and social measures. Furthermore, it should be coordinated internationally. International coordination of anti-terrorist activities of Russia with the West and the East should bring positive results.

The Islamic Movement at Khairun University Ternate

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Muhammad Irfan Syuhudi

2015-12-01

Full Text Available This article aims to describe Islamic religious thought of Muslim student at KhairunUniversity in Ternate and the dynamic of religious movement organizations on  campus. Informants of this study were selected using purposive method including activists of  Islamic organizations, students, and lecturers of the university. Data were collected using interviews, observation, and documentation, and searching data related to social context of the study from the internet. Findings of the research shows that the type of religious understanding and nationality of Muslim students after the reformation era at Khairun University began experiencing a shift since the presence of trans-national organizations, such as the Indonesian Muslim Student Action Union (KAMMI, Campus Propagation Institute (LDK, Hizbut Tahrir (HT, and Wahdah Islamiyah (WI. Those organizations adopt fundamentalists thought who want purification of Islam, and anti-tradition. Nationality thought adopted by these organizations is a country that imposes Islamic law and Establishes a state of Khilafah (HT. Nevertheless, most students at the Khairun University embrace cultural Islam, following the footsteps of their parents and Ternate society in general.

E-marketing strategies exploiting social media for Islamic banking

OpenAIRE

Roumieh, Ahmad; Garg, Lalit

2014-01-01

The concept of e-marketing is one which has gained increasing interest within Islamic businesses in recent years. Amin [3] asserts that one of the most critical issues to consider is the legal and moral aspects of e- marketing and the extent to which they fit comfortably within principle notions of Islam and Sharia law. He states that "e-business is a permissible means of doing business provided it is performed in the boundary of Shariah Islamiyyah”. By this he mean...

The Concept of Bay'a in the Islamic State's Ideology

NARCIS (Netherlands)

Wagemakers, J.

2015-01-01

Given the long roots of bay‘a (pledge of allegiance) in Islamic tradition and the controversial claim by the Islamic State (IS) to be a caliphate, the application of bay‘a to the group’s leader, Abu Bakr al-Baghdadi, and his project is a contested issue among radical Islamists. Based on secondary

Incorporation of Islamic Institutions into Political Structure of the Golden Horde and post-Golden Horde States »

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Roman Pochekaev

2016-01-01

Full Text Available The article is dedicated to basic directions and mechanisms of incorporation of Islamic administrative and legal institutions into the Jochid Ulus. As this state included regions with well developed Islamic traditions, individual manifestations of influence of Islam on political and legal realities of the Golden Horde took place since the first stage of existing of this state. However, only after official conversion of the Jochid ulus to Islam during the reign of Uzbek Khan (in the 1320s Islamic political and juridical institutions became an integral part of state and legal structure of the Golden Horde. Their role substantially increased in the time of crisis of imperial state and legal system after disintegration of the Mongol Empire and then of its successors, the Chinggisid states. Influence of Islamic institutions on political and legal relations of the Golden Horde and post-Golden Horde states became apparent in different aspects. At first, it was participation of representatives of Islamic administration in executive power including tax collection: such functions of them are confirmed by yarliks of khans of the Golden Horde, as well as of the Crimean and Kazan khanates. Secondly, Islamic judges, the qadis were integrated into court system of the Golden Horde and later, within the post-Golden Horde states, they even ousted imperial judges, the jarguchis. Third, powerful representatives of Islamic clergy became participants of qurultays, where the khans were elected, and the ceremony of enthronement was supplemented by the oath of a new khan on Koran under their influence. At last, Islamic clergymen participated actively in diplomatic activity of the post-Golden Horde states and acted as mediators between rivals who pretended for the throne in the Jochid states. No doubts, the rise of influence of Islam and Islamic clergy in political and legal life of the later Golden Horde and post-Golden Horde states could be explained, from one side, by

Korupsi dalam Kajian Hukum Islam

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Syamsul Bahri

2015-12-01

Corruption in Islamic Law ABSTRACT: Corruption is an action that is categorized in the form of bribery, manipulation etc. Indonesia’s legal study, corruption belongs to the deeds of the offenses set forth in the Act Number 31, 1999 in relation to the Act Number 20, 2001. Form the impact, this action not only affects human morality personality, but also public interest. The damages to all aspects of life are able to create slump values of morality and the most severe social inequality, such as poverty, crime is not severe and more. This causes destruction of the public good and contrary to the purpose Islamic law obedience. As a result, Islam forbids and prohibits such action, and can be rewarded with severe sanctions. This is normative legal research, seeking and finding the source of the laws of literature related to the topic being studied.

Case Study: Iran, Islam, the NPT, and the Bomb

Energy Technology Data Exchange (ETDEWEB)

Saunders, E .

2011-04-01

The goals of this case study are: (1) To examine the correlation between Iran's nuclear program and clerical statements; (2) To evaluate the importance of these statements; (3) To understand the relationship between policy and fatwas (Islamic decrees); (4) To address the issue of a 'nuclear fatwa'; and (5) To examine how, if at all, Sharia (Islamic law) has influenced Iran's actions or inactions with respect to the Non-Proliferation Treaty (NPT), the International Atomic Energy Agency (IAEA), and Iran's adherence to its IAEA Safeguards Agreements and the Additional Protocol. The Islamic Republic of Iran (hereinafter Iran) is one of two theocracies in the world, the second being Vatican City. Iran's government derives its constitutional, moral, and political legitimacy from Islam. As a result of this theocratic culture, rules are set and interpreted with a much different calibrator than that of the Western world. Islam affects all aspects of Iranian life. This is further complicated by the fact that Islam is not a nationalistic faith, in that many people all over the world believe in and adhere to Islamic principles. As a result, a political system that derives much of its fervor from being nationalistic is caught between two worlds, one within the land boundaries of Iran and the other within a faith that transcends boundaries. Thus, any understanding of Islamic law must first be understood within this delicate balance of nationalism and transcendence. Iran has found itself on the international stage concerning its nuclear program. Because Iran is a theocratic state, it is imperative to examine its political moves, speeches, rights, and obligations through the lens of Islam. This study will examine how Islam plays a role in Iran's dealing with the International Atomic Energy Agency (IAEA), its understanding of the Nuclear Non-Proliferation Treaty (NPT), including parties obligations under Safeguards Agreements and the Additional

Abortion law in Muslim-majority countries: an overview of the Islamic discourse with policy implications.

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Shapiro, Gilla K

2014-07-01

Religion plays a significant role in a patient’s bioethical decision to have an abortion as well as in a country’s abortion policy. Nevertheless, a holistic understanding of the Islamic position remains under-researched. This study first conducted a detailed and systematic analysis of Islam’s position towards abortion through examining the most authoritative biblical texts (i.e. the Quran and Sunnah) as well as other informative factors (i.e. contemporary fatwas, Islamic mysticism and broader Islamic principles, interest groups, and transnational Islamic organizations). Although Islamic jurisprudence does not encourage abortion, there is no direct biblical prohibition. Positions on abortion are notably variable, and many religious scholars permit abortion in particular circumstances during specific stages of gestational development. It is generally agreed that the least blameworthy abortion is when the life of the pregnant woman is threatened and when 120 days have not lapsed; however, there is remarkable heterogeneity in regards to other circumstances (e.g. preserving physical or mental health, foetal impairment, rape, or social or economic reasons), and later gestational development of the foetus. This study secondly conducted a cross-country examination of abortion rights in Muslim-majority countries. A predominantly conservative approach was found whereby 18 of 47 countries do not allow abortion under any circumstances besides saving the life of the pregnant woman. Nevertheless, there was substantial diversity between countries, and 10 countries allowed abortion ‘on request’. Discursive elements that may enable policy development in Muslim-majority countries as well as future research that may enhance the study of abortion rights are discussed. Particularly, more lenient abortion laws may be achieved through disabusing individuals that the most authoritative texts unambiguously oppose abortion, highlighting more lenient interpretations that exist in

PEMISKINAN TERHADAP PELAKU TINDAK PIDANA KORUPSI DALAM PERSPEKTIF HUKUM PIDANA POSITIF DAN HUKUM PIDANA ISLAM

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Alfitra

2015-06-01

Full Text Available Impoverishment of Corruption Crime in the Perspective of Positive Criminal Law and Islamic Law. Dealing with corruption issue is a tough task of any country in achieving good governance. In Indonesia since reformation era began, there was an increase in the number of corruption crime This paper attempts to provide solution pertaining to sanctions to impoverish corruption crime, both in the perspectives of Islamic positive criminal law and Islamic penal law. According to the author, the impoverishment of corruption crime in the sense of sanction that causes the suspect in the state of poverty due to the fact that their property and asset prescribed in the precedent of the decisions of judges who confiscate criminals. In the Islamic perspective, the impoverishment of the corruption crime as punishment is not in line with a form of punishment named ‘uqûbah or impose sanctions for a defendant. Nevertheless, as a form of punishment in the form of fines as ta’zîr, an amount of money demanded by the public prosecutor against a convicted cases of corruption, perceived to be feaseable to be applied.

Islamic Fundamentalism in Modern Russia

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Elena F. Parubochaya

2017-09-01

Full Text Available Nowadays Islam takes the stage of recovery associated with the peculiar issues associated with the Muslim society. These characteristics are expressed in the spread of ideas of Islamic fundamentalism and its supporters’ confrontation with the rest of the world. This process has affected the Russian Muslims as well, the trend developed after the collapse of the Soviet Union when the post soviet muslims began to realize themselves as part of one of the Muslim Ummah, coming into conflict with the secular law of the Russian Federation. After the Soviet Union’s disintegration, the radical Islamic ideas have begun to appear in Russia, in the conditions of the growth of nationalism these thoughts found a fertile ground. One of these ideas was associated with the construction of Sharia state in the Muslim autonomous republics of the Russian Federation and their subsequent withdrawal from Russian’s membership. The situation for the Russian state in the Muslim republics aggravated the war in Chechnya. Through Chechnya mercenaries from Arab countries started to penetrate to the Russian territory, they also brought the money for the destabilization of the internal situation in Russia. Nevertheless, separatism did not find the mass support in neighboring regions such as Dagestan, Kabardino-Balkaria, Karachay-Cherkessia and Ingushetia. It is evidently that international Jihad ideas were supported financially from abroad. The issue of funding is a key part of the development of Islamic fundamentalism in Russia, the international Islamic funds and organizations gave huge financial assistance to them. At the present moment Russian authorities lead a fruitful and a successful fight against terrorism. In the future, after the completion of the antiterrorist operation in the Middle East hundreds of terrorists may return to Russia with huge experience that can threaten the security of the Russian state.

Women’s Equal Rights and Islam in Sudanese Republican Thought: A Translation of Three Family Law Booklets from 1975, Produced and Circulated by the Republican Sisters

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al-Nagar, Samia; Tønnessen, Liv; Taha, Asma Mahmoud Muhammed

2015-01-01

This paper includes a translation of three booklets produced by the Sudanese Republican Sisters in commemoration of International Women’s Day in 1975: (i) Women Rights in the Constitution and under Sudanese Sharia Laws , (i) Divorce Is Not an Original Precept in Islam , and (iii) Polygamy Is Not a Principle of Islam. The booklets give insights into radical views on women’s equal rights in Islam long before the term “Islamic feminism” started to circulate. The booklets tackle contested iss...

The Dark Side of the Economy: A Comparative Analysis of the Islamic State's Revenue Streams

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Wes H Cooper

2017-02-01

Full Text Available The Islamic State’s ambitious goals have led to the organization obtaining a large amount of costs. However, the Islamic State does not have adequate revenue streams to maintain these expenditures. This paper compares the Islamic State’s costs and revenue streams with two similar organizations, Hizballah and Al Qaeda. The comparison will explain that the Islamic State’s revenue streams are not as efficient and diversified as Hizballah and Al Qaeda’s revenue streams have historically been. As a result of inefficient and unvaried revenue streams, the Islamic State will be forced to structurally change.

Borderless Islam and the modern nation state

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Nasya Bahfen

2011-06-01

Full Text Available Given the dichotomy of “Islam and the West” and its currency post-September 11, how do we respond to the question of a modern Islam? This is the key idea that this paper explores, by discussing what Islam represents, and what modernity entails, arguing that Islamic teachings and practices are not necessarily incompatible with modernity, and that the discourse on Islam and modernity and where the two are headed can be legitimately engaged in by Muslims given that Islamic societies are diverse and subject to global influences.

THE CHRONICLE OF TERRORISM AND ISLAMIC MILITANCY IN INDONESIA

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zakiyah zakiyah

2016-05-01

Full Text Available This paper examines the chronicle of terrorism in Indonesia and the relationship between terrorism and Islamic militancy in this nation. This research focused on bombing cases from 2001 to 2012 Data was gathered through documentary research including primary and secondary resources. This research shows that after the fall of the Suharto regime in 1998, there were bomb attacks on various targets and militant extremists were able to return to Indonesia after long period of exile abroad. They started again their activities including disseminating their radical ideology, building networks and recruiting new members in Indonesia, as well as preparing for militant actions. The perpetrators of these terror attacks were mostly associated with the Islamic radical groups like Jemaah Islamiah and Majlis Mujahidin Indonesia. These two militant groups had a close relationship with Darul Islam, an organization founded during the colonial era that aimed to establish an Islamic state and to apply Syariah as a state law. In addition, both groups became a political window for al-Qaeda in Indonesia. 

Psychiatry and Islam.

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Pridmore, Saxby; Pasha, Mohamed Iqbal

2004-12-01

To explore psychiatry in Islam, with a view to informing Western psychiatrists working with Islamic patients, and Islamic medical students studying in Western countries. The first necessary step was to acquire some understanding of Islam, Sharia and Sharia law, as the basis on which the available psychiatric literature was considered. Standard textbooks on Islam and English-language papers in the psychiatric literature were examined. Discussions with knowledgeable Muslim people were conducted. Islam shares roots with the other Abrahamic, monotheistic religions: Judaism and Christianity. A central issues is unity: the unity of God, unity with God and unity within the Islamic community. Islam is more than a religion, because it informs all aspects of behaviour and has been described as 'a comprehensive way of life'. Individualism is less important than the welfare of the community. The Sharia is a list of rules and regulations derived from authentic sources. Psychiatric services in Islam, according to Western standards, are somewhat limited. This issue is being addressed through epidemiological studies, provision of new services and policy development. Although mental health legislation is not universal, forensic psychiatry has a role, in many ways similar to that in the West. Islam is based on unity and core values of compassion, justice and benevolence. Islamic psychiatry has a proud early history, and advances are occurring. There is an opportunity for the profession of psychiatry to bridge religious, ethnic and cultural boundaries.

Islamic State and Its Attitude to the Terrorist Attacks on the Energy Sector

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Lukáš Tichý

2016-06-01

Full Text Available The main aim of this article is both to analyze the importance of the terrorist attacks on energy infrastructure and industry for strategy of militant terrorist organization Islamic State against the background of the influence of Islam and to describe a specific example and manifestations of the terrorist activities focused on energy sector in the Middle East and North Africa. In the theoretical level, the article is based on the concept of terrorist attack on energy sector and relation between energy and Sunni Islam. In methodological level, the article is based on the case study method framing terrorist attacks of Islamic State on energy industry and infrastructure in Iraq, Syria and Libya.

Financial Futures of the Islamic State of Iraq and the Levant

Science.gov (United States)

2017-03-27

RAND Corporation, 2010. 8 Financial Futures of the Islamic State of Iraq and the Levant ground memo sent to all workshop participants in advance ...been several credible reports, especially in the Financial Times and New York Times.23 The rest of this section draws from those accounts . The group... Financial Futures of the Islamic State of Iraq and the Levant Findings from a RAND Corporation Workshop Colin P. Clarke, Kimberly Jackson, Patrick

Kitab Kuning: Warisan Keilmuan Ulama dan Kontekstualisasi Hukum Islam Nusantara

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Damanhuri Damanhuri

2017-12-01

Full Text Available This article attempts to describe the existence of the Kitab Kuning (Arabic Book as a legacy of Islamic scholarship literacy which has an intellectual connection with earlier scholar and to see the contextualization of Islamic law in Nusantara. By Examining many library books related to the topic, including the work of Nusantara scholar, this article uses historical reviews and analyze it critically.The result shows that the existence of Kitab Kuning is not only to conserve and preserve the heritage of Islamic scholarship but also to be a signifier of one's intellectual capacity in understanding, interpreting and contextualizing the principles of Islamic law in order to respond social and cultural change. On the other hand, the contextualization of Islamic law in Nusantara is carried out in several ways; translating the works of jurisprudence, writing a commentary (syarḥ from a prominent jurisprudence and writing his own works by keep referring to the authoritative sources of the Islamic school of earlier scholarly work.

BIAS GENDER DALAM KONSTRUKSI HUKUM ISLAM DI INDONESIA

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Solikul Hadi

2016-03-01

Full Text Available Keluarga merupakan unit terkecil dari masyarakat.Pengaturan peran laki-laki dan perempuan dalamkeluarga berdampak pada peran dan kedudukannya dalam masyarakat. Rumusan dalam Kompilasi Hukum Islam (KID yang membedakan peran perempuan dan laki Iaki perlu  dikritisi.Pembagian peran di dalam Kompilasi Hukum Islam (KHl yang sangat patriarkis dalam banyak hal cenderung banyak diilhami oleh aturan aturan jauh sebelumnya yang bersifat diskriminati.  Ditingkat nasional, pemerintah Indonesia pada tahun 1974melakukan reformasi hukum keluarga berupa Undang Undang Perkawinan Nomor 1/1974 yang kemudian dilengkapi dengan Kompilasi Hukum Islam. Pada aturanfornal pemerintah itu, dapat ditemukan sejumlah normayang ambivalen. Di satu pihak pemerintah mengakuilegal capacity kaum perempuan, di satu pihak justru mengukuhkan peranan berdasarkan jenis kelamin (sexroles dan stereotype terhadap perempuan dan laki laki dengan membagi secara kaku, peran perempuan di sektor domestik dan peran laki-Iaki di sektor publik. Kata Kunci: Rekonstruksi, Gender, Kompilasi Hukum Islam   The family is the smallest unit of society. Setting theroles of men and women in the family have an impact onthe role and position in society. The formulation in theCompilation of Islamic Law which distinguish the roleof women and male-to be scrutinized. The division ofroles in the Compilation of Islamic Law very patriarchalin many cases tend to more or less inspired by the rulesahead of time that is diskriminati. At the national level,the Indonesian government in 1974 to reform familylaws such as the Marriage Law No. 1/1974 which wasthen fitted with Islamic Law Compilation. Fornal on therules of the government, can be found a number of normswere ambivalent. On the one hand it recognizes the legalcapacity of women, on the one hand it confirms the roleof gender (sex roles and stereotypes of women and menby dividing rigidly, the role of women in the domestiksector and the role of male-in the public

INCORPORATING ISLAMISM INTO SECULAR EDUCATION SYSTEM: An Attempt of Gradual Islamization of the State and Society by an Indonesian Tarbiyah Movement in Jambi

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Suaidi Asyari

2017-07-01

Full Text Available The downfall of the New Order regime in 1998, which was soon followed by the liberalization policy in almost every aspect of politics, opened vast opportunities for the emergence of political expressions including Islamism into the public space. While violent responses indicated by some Islamic groups, who take advantage of the weakening of the state, Tarbiyah Movement (harakah tarbiyah consistently performs gradual Islamization through the system provided by the state. Based on a field research in Jambi, Sumatra, this article discusses the efforts undertaken by the group to incorporate their Islamist ideas into secular education system at the levels of primary and secondary education. This article argues that these all efforts are part of Islamization process of society and the state in Indonesia after the failure of its leaders in doing the same thing at the political level especially in the aftermath of the 1999 general election.

ASURANSI DALAM PERSPEKTIF ISLAM

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Havis Aravik

2016-12-01

Full Text Available This article discusses how insurance aplikable in Islam perspective. The results of discussion is that insurance as Islamic Economic (muamalah practice today, is not known at the time of the Prophet Muhammad, so that the legal basis textually not found in the Quran and hadith, the results of previous scholars and ijtihad in codes of Islamic Law. Islamic insurance which is being developed today, can essentially reduce the burden and narrowness, and bring benefits in people's lives. Therefore, the community should begin to see the prospect of such insurance as the media to protect themselves from the various possibilities of unwanted later, while participating together help each other in goodness and piety.

Shari’ah concepts in Islamic banking

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Botis, S.

2013-12-01

Full Text Available The paper analyses the main Shari’ah concepts in Islamic banking, a system which operates in accordance with the Islamic law principles, the most important being the prohibition against the payment or acceptance of interest charges (riba, replaced by profit-and-loss-sharing arrangements(PLS, Mudharabah. Also, the paper presents a survey of the historical evolution of the Islamic banking system in Muslim countries, starting with the first Islamic bank, early in the 60’s, Mit Ghamr Local Savings Bank in Egypt. In conclusion, the Islamic banking system is a rapid growth one. It is expected that this presentation will be helpful in increasing the interest in the Islamic principles of banking and financing.

GERAKAN REVIVALISME ISLAM DAN WACANA PENERAPAN SYARIAH DI INDONESIA: Telaah Pengalaman PKS dan Salafi

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Moh. Nurhakim

2013-09-01

Full Text Available This essay tries to critically evaluate a way of thinking developed among Salafi leader dan PKS as a movement of Islamic revivalism which related to the implementation of Islamic law (syari’ah into the Indonesian democracy context. There are a number of critical notes was discovered from literary researches and interviews with several leader of the movement. Firstly, basicly both PKS and Salafi leader longing for the implementation of Islamic law in the Indonesian democracy context. Despite the fact that PKS tend to act disparagingly toward democracy, while Salafi clearly repudiate democracy system, however, both of this group agree to “manipulate” this system to strugle for the embodiment of Islamic law with different strategies and substance. Secondly, PKS enters this system while trying to “objectify” Islamic values through preaching dan politics (structurally and culturally. In the same vein, Salafi manipulates democracy to strenghthen their ideological basis and their Islamic puritans awareness through preaching. Regarding politics, Salafi tends to be “pasive”.  Lastly, there are indications that the idea of the Islamic law implementation among PKS leader has dynamically changed following the politics dynamics. This often percieved as an inconsistency by the society. Meanwhile, the idea and efforts to implement Islamic law among Salafi leader is limited to the area of family rule and rarely about public rules. The result of this critical evaluation upon the implementation of Islamic law done by PKS and Salafi leaders, up to this point, have not provide a viable  recomendation as an ideal model of strengthening democracy system and implementing Islamic law in Indonesia.

Islamic State and Chemical Weapons

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Lukáš Rafay

2016-09-01

Full Text Available The article deals with topic of Islamic State and chemical weapons. The issue is analysed in three dimensions: origin of used chemical weapons and possibility of independent production; known chemical attacks and tactical regularities in their execution; and traits of future chemical terrorist attacks. By providing a thorough examination of the problem, the article aims at predicting the future development of the group’s chemical program as well as describing any prospective chemical terrorist attacks in Europe

A Comparative Study of the principle of Penal and Criminal Laws in Islam and Judaism

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Mohammad Reza Haji Esmaili

2013-09-01

Full Text Available In the field of religious studies, study of previous religions and orders is important, because divine religions have a one truth and essence; Judaism, Christianity and Islam are relative religions and have a common history. All three are attributed to religion of Abraham, Hence are called the "Abraham religions". All three of them have Semitic origins; therefore they are called the "Semitic religions". All three believe in one God, and for that, they are called "monotheistic religions". Though Islam subscribes the past of Jewish, does not necessarily defends all the Jewish teachings and holy books in its current form. However, these two religions are very similar and that is the value that they have given to religion. So that, none of the major live religions of the world have not such esteem. Many similarities in principles of the two relative religions have provided a suitable ground for comparative studies. In the field of law studies also found many similarities between two religions. The scriptures as a source of laws, criminal law, criminalization and punishments and ... all are of the important law issues that the way of their expression in both religions have many similarities. Since religion has a special place in Judaism and Islam, this research aims to review the principles and elements of criminal as well as some penalty goals in the religious teachings sphere of these two religions. In this regard, verses of The Quran, authentic hadiths (traditions and The Torah should be known as the main sources of recognition of these two religious orders.  Although Torah has been distorted, but this does not mean that everything is distorted in Torah. There are many juridical and ethical rules in Torah that cannot doubt in their divinity. In the other hand, many of the adventures happened to the Moses Prophet and the Israelites have been mentioned with slight variations in The Qur'an which is immune to any distortion. In the juridical

A Comparative Study of the principle of Penal and Criminal Laws in Islam and Judaism

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Mohammad Reza Haji Esmaili

Full Text Available In the field of religious studies, study of previous religions and orders is important, because divine religions have a one truth and essence; Judaism, Christianity and Islam are relative religions and have a common history. All three are attributed to religion of Abraham, Hence are called the "Abraham religions". All three of them have Semitic origins; therefore they are called the "Semitic religions". All three believe in one God, and for that, they are called "monotheistic religions". Though Islam subscribes the past of Jewish, does not necessarily defends all the Jewish teachings and holy books in its current form. However, these two religions are very similar and that is the value that they have given to religion. So that, none of the major live religions of the world have not such esteem. Many similarities in principles of the two relative religions have provided a suitable ground for comparative studies. In the field of law studies also found many similarities between two religions. The scriptures as a source of laws, criminal law, criminalization and punishments and ... all are of the important law issues that the way of their expression in both religions have many similarities. Since religion has a special place in Judaism and Islam, this research aims to review the principles and elements of criminal as well as some penalty goals in the religious teachings sphere of these two religions. In this regard, verses of The Quran, authentic hadiths (traditions and The Torah should be known as the main sources of recognition of these two religious orders. Although Torah has been distorted, but this does not mean that everything is distorted in Torah. There are many juridical and ethical rules in Torah that cannot doubt in their divinity. In the other hand, many of the adventures happened to the Moses Prophet and the Israelites have been mentioned with slight variations in The Qur'an which is immune to any distortion. In the juridical doctrines

A Comparative Study of the principle of Penal and Criminal Laws in Islam and Judaism

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Payman Kamalvand

2013-08-01

Full Text Available In the field of religious studies, study of previous religions and orders is important, because divine religions have a one truth and essence; Judaism, Christianity and Islam are relative religions and have a common history. All three are attributed to religion of Abraham, Hence are called the "Abraham religions". All three of them have Semitic origins; therefore they are called the "Semitic religions". All three believe in one God, and for that, they are called "monotheistic religions". Though Islam subscribes the past of Jewish, does not necessarily defends all the Jewish teachings and holy books in its current form. However, these two religions are very similar and that is the value that they have given to religion. So that, none of the major live religions of the world have not such esteem. Many similarities in principles of the two relative religions have provided a suitable ground for comparative studies. In the field of law studies also found many similarities between two religions. The scriptures as a source of laws, criminal law, criminalization and punishments and ... all are of the important law issues that the way of their expression in both religions have many similarities. Since religion has a special place in Judaism and Islam, this research aims to review the principles and elements of criminal as well as some penalty goals in the religious teachings sphere of these two religions. In this regard, verses of The Quran, authentic hadiths (traditions and The Torah should be known as the main sources of recognition of these two religious orders.  Although Torah has been distorted, but this does not mean that everything is distorted in Torah. There are many juridical and ethical rules in Torah that cannot doubt in their divinity. In the other hand, many of the adventures happened to the Moses Prophet and the Israelites have been mentioned with slight variations in The Qur'an which is immune to any distortion. In the juridical

Leadership in Islamic Education Institution

OpenAIRE

Supriadi Supriadi

2014-01-01

Education institution may not be separated by social system. It can be formal and informal education. A formal education institution such as school, Islamic school or Islamic boarding school is in social environment and bringing a basic value and law from its institution. Meanwhile, Islamic education institution is believed as tool to reach the aim of education. The aim of education is hard to reach if there is no leadership in it. Copyright © 2014 by Al-Ta'lim All right reserved

The Sections Relating to Death Penalty in Pakistan Penal Code as Compared with Shari'a (Islamic Law (A Comparative Study (Urdu

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Dr. Abzahir Khan

2016-01-01

Full Text Available Law plays a pivotal role in the establishment of any peaceful society.islam, being proactive, devised important rules about 1400 years back for the safety of Deen, life, wealth, wisdom and Generation. Qatal (murder is a crime of taking soul of a humanbeing, about which Islam has announced Qisas i.e to do with assissinater what he has done it to killed human being. In the same manner Pakistan penal Code has gathered rules about crimes steped out in Pakistan. So Pakistan penal code, under several sections has the same punishment. This artcle throws light on Pakistan penal code sections about death Senctance in perspective of Islamic imperium, order and explanation.

Politik Hukum Berkeadaban Perspektif Filsafat Islam

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Yogi Prasetyo

2017-01-01

Full Text Available This is the result of research that aims to explain the legal and political civilization civilized in Isla philosophical perspective. With literature study method and the philosophical approach of the data collected, verified and analyzed. The results showed that as the core of the Islamic civilization which can affect all aspects of human life and therefore civilization should become a legal political concept in accordance with Islamic values that have alignments to the virtues of the world of human life and the hereafter. Political law as a legal way to achieve legal establishment have made many disalahgunkan for maneuvering behind the legality of the law. The necessity to fix the legal politics only interest-oriented materialistic secular with Islamic philosophy, as with the values of Islam that comes from God as the highest authority over all can be transformed into a real life human being, so that the safety and happiness of the world and the hereafter can achieved.

Cultured Meat in Islamic Perspective.

Science.gov (United States)

Hamdan, Mohammad Naqib; Post, Mark J; Ramli, Mohd Anuar; Mustafa, Amin Rukaini

2017-04-29

Cultured meat is a promising product that is derived through biotechnology that partially circumvents animal physiology, thereby being potentially more sustainable, environmentally friendly and animal friendly than traditional livestock meat. Such a novel technology that can impact many consumers evokes ethical, philosophical and religious discussions. For the Islamic community, the crucial question is whether cultured meat is halal, meaning compliant with Islamic laws. Since the culturing of meat is a new discovery, invention and innovation by scientists that has never been discussed by classical jurists (fuqaha'), an ijtihad by contemporary jurists must look for and provide answers for every technology introduced, whether it comply the requirements of Islamic law or not. So, this article will discuss an Islamic perspective on cultured meat based on the original scripture in the Qur'an and interpretations by authoritative Islamic jurists. The halal status of cultured meat can be resolve through identifying the source cell and culture medium used in culturing the meat. The halal cultured meat can be obtained if the stem cell is extracted from a (Halal) slaughtered animal, and no blood or serum is used in the process. The impact of this innovation will give positive results in the environmental and sustain the livestock industry.

Leadership in Islamic Education Institution

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Supriadi Supriadi

2014-11-01

Full Text Available Education institution may not be separated by social system. It can be formal and informal education. A formal education institution such as school, Islamic school or Islamic boarding school is in social environment and bringing a basic value and law from its institution. Meanwhile, Islamic education institution is believed as tool to reach the aim of education. The aim of education is hard to reach if there is no leadership in it. Copyright © 2014 by Al-Ta'lim All right reserved

ORIENTALISME, LIBERALISME ISLAM, DAN PENGEMBANGAN STUDI ISLAM DI IAIN

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Ahwan Fanani

2007-06-01

Full Text Available The recent development of Islamic Studies in IAIN (The State Institute for Islamic Studies shows a trend to combine Islamic studies based on traditional approaches and methods with that employed in Western universities or orientalism. The trend is promoted by Indonesian scholar graduates from Western Universities, and results in the growth of Islamic liberalism. To some Islamic revivalism advocates, the trend is considered misleading, and IAIN with its lecturers pursuing studies in Western universities are accused to be agents of Islamic liberalism in Indonesia. Contrarily, some Islamic scholars see the trend as a bright future for development of Islamic studies in Indonesia. The situation puts IAIN in a dilemma either to keep on traditional approaches and methods or to adopt deliberately new ones coming from Western tradition. In my opinion, IAIN should apply them both and combine them to promote better future of Islamic studies in Indonesia.

RELASI ISLAM, NEGARA, DAN PANCASILA DALAM PERSPEKTIF TATA HUKUM INDONESIA

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Hamdan Zoelva

2012-12-01

Full Text Available There aredifferences of opinion in looking at the relationship between religion and state. Some proposed that the state should be based on religion (Islam and others have argued the opposite, the state should be separated from the religion (secular nationalism. The debate is considered complete after the Jakarta Charter formula was agreed, although it was annulled after the legalization of the Constitution on August 18, 1945. History shows that Muslims sacrifice for this country is invaluable both in terms of physical struggle (body and soul and ideological (Islamic values. So that, returning authority to the Muslim community to determine the direction of development of the country has become a necessity. Through this article, the author would like to express a new form of moral calling on Muslims to contribute to this country, some of them with sincerity impose Islamic lawinto national law. Terdapat perbedaan pendapat dalam memandang hubungan agama dan negara. Ada yang berpendapat negara  harus  berdasarkan  pada  agama  (Islam  dan  ada  yang  berpendapat sebaliknya,  bahwa negara  harus  dipisah  dari  agama  (nasionalisme  sekuler.  Perdebatan dianggap selesai setelah disepakati rumusan Piagam Jakarta, meskipun kemudian dianulir setelah  disahkannya  UUD  tanggal  18  Agustus  1945.  Sejarah  ini  menunjukkan  bahwa pengorbanan umat Islam untuk negeri ini tidak ternilai harganya baik ditinjau dari segi perjuangan fisik (jiwa raga maupun ideologis (nilai-nilai keislaman. Dari pengorbanan tersebut,  mengembalikan  kewenangan  kepada  umat Islam  untuk  menentukan  arah pembangunan negara ini menjadi keniscayaan. Karena itu melalui tema ini, penulis ingin mengungkapkan bentuk baru panggilan moral umat Islam untuk memberikan konstribusi terhadap negeri ini, yaitu diantaranya melalui keikhlasan memberlakukan hukum Islam ke dalam hukum nasional.

Islamization in Malaysia: the constitutional and legal dimensions

OpenAIRE

Choo, Kah Sing

2017-01-01

This thesis examines the legitimacy of the Islamization of the politics, society and law in Malaysia. The Islamization plan was carried out by the federal government in the early 1980s under the Mahathir administration. The legitimacy of the Islamization plan is measured against the original intent of the Independence Constitution, with particular reference to the position of Islam in the Constitution. Those constitutional provisions which have been claimed to have granted I...

Assisted reproductive technology: Islamic Sunni perspective.

Science.gov (United States)

Chamsi-Pasha, Hassan; Albar, Mohammed Ali

2015-06-01

Islam acknowledges that infertility is a significant hardship. Attempts to cure infertility are not only permissible, but also encouraged in Islam. Over the last three decades, a multitude of advances in assisted reproductive technologies (ARTs) have appeared. This review was carried out to inform readers, who are not familiar with Islamic doctrine, about the Sunni perspective on this topic. Systematic review of the literature. A series of searches was conducted of Medline databases published in English between January 1978 and December 2013 with the following assisted reproduction, infertility, gender selection, ethics, bioethics, and Islam. In Islamic Sunni law, all ARTs are allowed, provided that the source of the sperm, ovum, and uterus comes from a legally married couple during the span of their marriage. All forms of surrogacy are forbidden. A third-party donor is not allowed, whether he or she is providing sperm, eggs, embryos, or a uterus. Frozen preimplantation may be transferred to the wife in a successive cycle provided the marital bondage is not absolved by death or divorce. Gender selection for medical reasons is permitted. It is allowed for limited social reasons by some jurists, provided it does not involve discrimination against either sex. ART is acceptable and commendable in Islamic Sunni law provided it is practiced within the husband and wife dyad during the span of their marital contract. No third party should intrude upon the marital function of procreation. Surrogacy is not accepted by Sunni Islamic authorities.

Elastisitas Syari'at Islam Dalam Perubahan Sosial

OpenAIRE

Syarifuddin, Said

2016-01-01

This study aims to examine the flexibility of Islamic law amidst of social change. It thus attempts to describe a comprehensive nature and character of Islamic law texts and to analyze the factors that shari'a can be relevance for social change. This paper is a descriptive qualitative research using a multidisciplinary approach which included a normative juridical approach, beneficiaries, and sociological approach. This study shows that the content of the shariah text is inclusive so it is po...

76 FR 29812 - In the Matter of the Designation of Army of Islam, aka Jaish al-Islam, aka Jaysh al-Islam, as a...

Science.gov (United States)

2011-05-23

... DEPARTMENT OF STATE [Public Notice 7464] In the Matter of the Designation of Army of Islam, aka Jaish al- Islam, aka Jaysh al-Islam, as a Foreign Terrorist Organization Pursuant to Section 219 of the... respect to Army of Islam, also known as Jaish al-Islam, also known as Jaysh al-Islam. Therefore, I hereby...

76 FR 29812 - In the Matter of the Designation of Army of Islam, aka Jaish al-Islam, aka Jaysh al-Islam; as a...

Science.gov (United States)

2011-05-23

... DEPARTMENT OF STATE [Public Notice 7463] In the Matter of the Designation of Army of Islam, aka Jaish al- Islam, aka Jaysh al-Islam; as a Specially Designated Global Terrorist Pursuant to Section 1(b... of Islam, also known as Jaish al-Islam, also known as Jaysh al-Islam, has committed, or poses a...

Islam and Political Violence

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John L Esposito

2015-09-01

Full Text Available The global threat of Al Qaeda post 9/11 and ISIL, increased Sunni-Shia conflicts, and violence in the Middle East and Pakistan dominate headlines and challenge governments in the region and globally. Both Muslim extremists and some Western experts and observers speak of a clash of civilizations or a culture war in Muslim-West relations. Both the discourse and violence yet again raise questions about the relationship of Islam to violence and terrorism: is Islam a particularly violent religion? Critics cite Quranic passages, doctrines like jihad and events in Muslim history as strong indicators and proof that Islam is the primary driver of Muslim extremism and terrorism. What do the Quran and Islamic law have to say about violence, jihad and warfare? What are the primary drivers of terrorism in the name of Islam today? This article will address these questions in the context of development of global jihadist movements, in particular Al Qaeda and ISIL, their roots, causes, ideology and agenda.

The insurgency business: the Islamic State in Iraq and Syria, 2010-2016

OpenAIRE

Pillot, Beau L.

2017-01-01

Approved for public release; distribution is unlimited The Islamic State (IS)--also known as Islamic State of Iraq and the Syria (ISIS)--managed to seize large swaths of territory within the sovereign countries of Iraq and Syria from 2011 to 2016. Even though its caliphate has been reduced in size and scope in 2017, the IS's entrepreneurial capability to effectively manage money, manpower, and materiel has enabled it to develop its brand as the deadliest and most widely known terrorist org...

Urgensi Transformasi Hukum Islam dalam Pemajuan Hak Asasi Manusia di Indonesia

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Nasaruddin Umar

2015-12-01

Full Text Available The study is conducted in order to analyze the transformation of the values of Islamic law in both the anvil formation of legislation in Indonesia. This study is a descriptive normative legal-analysis using qualitative analysis techniques to primary legal materials and legal sekunder materials. The results of this study indicate that the values of Islamic law has been actualized in the legislation in the field of social protection in Indonesia. Transformation of the values of the Islamic Sharia through two approaches, namelythat are the substance of the principles of the laws and regulations, and actualization through matter of legislation

The Legacy of Muhammad Hamidullah in Islamic Economics

OpenAIRE

Islahi, Abdul Azim

2017-01-01

Dr. Muhammad Hamidullah is famous for his French translation of the Qur'an, and well-known for discovery, editing and bringing in light a number of rare and invaluable hadith manuscripts. He is also rightly acknowledged for his ground-breaking research works on international Islamic law, biography of the Prophet (peace be upon him), Islamic politics and archival heritage of Islam. A less known but significant aspect of his contribution is his pioneering works on Islamic Economics. Spread over...

Konsep Fiqah Malaysia dalam Perundangan Islam: Satu Pengenalan (The Concept of Malaysian Fiqah in Islamic Law: An Introduction)

OpenAIRE

Rahimin Affandi Abd. Rahim; Shamsiah Mohamad; Paizah Ismail; Nor Hayati Mohd Dahlal

2010-01-01

Kajian ini bertujuan untuk menunjukkan sifat dinamik konsep fiqah dalam sistem perundangan Islam Malaysia yang menekankan kepentingan hubungan dengan Allah dan sesama makhluk. Teori utama yang digunakan adalah teori epistemologi hukum Islam yang menetapkan bahawa sifat kelestarian sistem hukum Islam hanya boleh dicapai melalui pembentukan kerangka epistemologi (apa, bagaimana dan untuk tujuan apa) yang jelas. Bagi mencapai objektif, kajian ini menggunakan kaedah pengumpulan data primer dan da...

KESADARAN SEJARAH HUKUM PERANG DAN DAMAI SEBAGAI KHASANAH DUNIA ISLAM

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ANTON MINARDI

2016-03-01

Full Text Available As Islamic teachings cope various fields of human life, and the grace of Islam make a positive contribution to the community and have been coloring various world civilizations. West is now advanced and modern cannot be separated from Islamic world in the previous progress. Development of a civilized nation today following the rules in international relations is influenced by the teachings of Islam including the law of war and peace. Many people are not aware of it, so that it is time for us to acknowledge and restate the repertoire of Islamic science view as an intellectual property in the modern civilized world. Keyword: History of Scientific Awareness; the laws of war and peace; the Islamic World ABSTRAK Sebagai ajaran Islam mencakup berbagai lapangan kehidupan manusia, dan sebagai rahmat Islam memberikan kontribusi positif kepada berbagai komunitas dan telah mewarnai peradaban dunia. Barat yang sekarang maju dan modern tidak terlepas dari kemajuan Islam sebelumnya. Pembangunan bangsa yang beradab masa kini berikut kaidah-kaidah dalam hubungan internasional dipengaruhi oleh ajaran-ajaran Islam termasuk di dalamnya adalah hokum perang dan damai. Banyak kalangan yang tidak menyadari akan hal tersebut, untuk itu sudah saatnya kita mengakui dan mengemukakan kembali khasanah ilmu pengetahuan Islam sebagai salah satu kekayaan intelektual dunia yang berperadaban modern. Kata kunci: Kesadaran Sejarah Ilmiah; Hukum Perang dan damai; Dunia Islam

The Islamic State and U.S. Policy

Science.gov (United States)

2017-02-02

comprised of radicalized indigenous Bedouin Arabs, foreign fighters, and Palestinian militants. On social media , the group has displayed various...this statement, the group has since referred to itself simply as “the Islamic State,” although U.S. government officials, some international media ...interest, including Nigeria, Libya, Egypt, Jordan, Israel, Turkey, Yemen , Saudi Arabia, Somalia, Afghanistan, Pakistan, India, Russia, and Indonesia. U.S

ALTERNATIVE DISPUTE RESOLUTION IN ISLAMIC FINANCE:RECENT DEVELOPMENT IN MALAYSIA

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Jasri Jamal

2011-01-01

Full Text Available On 31stMarch 2009, Court of Appeal has revoked the decision made by HighCourt to announce that the contract of Bay BithamanAjil is null and void in thecase ofArab-Malaysia v Taman Ihsan Jaya Sdn. Bhd. Onor[2008] 5 MLJ 631.Interestingly, the judgement made by Appeal Court has touched the basicelements of Islamic law especially the fundamentalissues of BBA such as sell andbuy contract, acceptance of difference views of school of laws in Islam and otherbasic issues ofShari’ahprinciples. This subject matter ofShari’ahprinciplesshould be decided by theShari’ahjudges who are more expert in Islamic law thanthe civil court. At the same year, the Government of Malaysia has passed the Central Bank ofMalaysia Act 2009 (Act 701 that provided the courtshall refer to the Shari’ahAdvisory Council or arbitrator before giving any judgment on Islamic Financedispute. This paper is looking into recent development of legal framework ofIslamic Financial System in Malaysia and also the jurisdiction of Shari’ah Courtpertaining that matters.

Principals of the Islamic finance:A focus on project finance

OpenAIRE

Elasrag, hussein

2011-01-01

Islamic finance is one of the fastest growing segments of global financial industry. In some countries, it has become systemically important and, in many others, it is too big to be ignored.Islamic finance is based on shariah, an Arabic term that often is translated to “Islamic law.”Shariah provides guidelines for aspects of Muslim life, including religion, politics, economics,banking, business, and law.The basic sources of Shari’ah are the Qur’an and the Sunna, which are followed by the cons...

ISLAM NUSANTARA: Sebuah Argumentasi Beragama dalam Bingkai Kultural

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Hanum Jazimah Puji Astuti

2017-11-01

Full Text Available The emergence of Islam Nusantara is the typical of Indonesia, where Islam Nusantara is declared as a universal religion, manifested in its teachings including religious law (fiqh, trust (faith, and the ethical (the moral. Although Islam Nusantara gives a new ambience in Islam by assimilating a culture into religion, this method is not contagious to the purity of Islamic teachings by taking Quran and Hadith as the guidances and directions in the Indonesian social life. Islam teaches mutual respect and reciprocal tolerance. This religion teaches the adherents to love others, to mercy and nurture regardless of race, nationality, and social structure.

New Literature on Law and Political Institutions in Indonesia

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Karolina Prasad

2012-01-01

Full Text Available Reviews of new literature: Butt, Simon, and Tim Lindsey (2012, The Constitution of Indonesia: A Contextual Analysis Oxford: Hart Publishing (Constitutional Systems of the World Series, ISBN-13: 978-1849460187, 292 pages || Kimura, Ehito (2012, Political Change and Territoriality in Indonesia: Provincial Proliferation London: Routledge (Routledge Contemporary Southeast Asia Series, ISBN 9781136301810, 171 pages || Lindsey, Tim (2012, Islam, Law and the State in Southeast Asia: Volume I: Indonesia London – New York: Tauris I. B. (Islam, Law and the State in Southeast Asia Series, ISBN-13: 978-1848850651, 565 pages || Lukito, Ratno (2012, Legal Pluralism in Indonesia: Bridging the Unbridgeable London: Routledge (= Routledge Contemporary Southeast Asia Series 48, ISBN 9780415673426, 288 pages

Islamic Banking in Malaysia: Arbitration Resolution of Financial Disputes and Obstacles to its Spread

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Elena V. Sitkareva

2017-01-01

Full Text Available Purpose: the article examines the main problems associated with the extension of arbitration of domestic and international Islamic financial disputes in Malaysia. These include the specific features of the legal regulation of Malaysia, excluding the resolution of certain categories of cases by way of arbitration, and the lack of legal certainty in the submission of cross-border contracts in the field of Islamic banking to Sharia law.To achieve this goal in the article you must accomplish the following tasks: to determine whether there are institutions in Malaysia providing arbitration services for disputes in the field of Islamic banking; investigate the reasons for the unwillingness of the parties to a financial dispute to transfer it to arbitration; to identify the main problems of transferring a cross-border financial dispute to international arbitration; to study the practice of international arbitration on this issue.Methods: this article is based on an interdisciplinary concept of research, which allowed to distinguish the distinctive features of the legal regulation of the settlement of financial disputes in Malaysia.Results: currently the popularization of arbitration permits for domestic and international financial disputes in Malaysia faces difficulties due to both internal reasons and the traditional approach of Islamic banks to include in contracts the reservation of subordination of the provisions of the contract to the law of England or the United States in conjunction with the reservation clause financial disputes in the courts and arbitration of these states. Nevertheless, one can assume with great confidence that, following the development of Islamic banking, so-called Islamic arbitration will spread in Malaysia.Conclusions and Relevance: the materials outlined in the article show the special role of arbitration in resolving domestic and international disputes in the field of Islamic banking. Practical application of its results

Bioethics for clinicians: 21. Islamic bioethics

Science.gov (United States)

Daar, Abdallah S.; Khitamy, A.

2001-01-01

ISLAMIC BIOETHICS DERIVES FROM A COMBINATION OF PRINCIPLES, duties and rights, and, to a certain extent, a call to virtue. In Islam, bioethical decision-making is carried out within a framework of values derived from revelation and tradition. It is intimately linked to the broad ethical teachings of the Qur'an and the tradition of the Prophet Muhammad, and thus to the interpretation of Islamic law. In this way, Islam has the flexibility to respond to new biomedical technologies. Islamic bioethics emphasizes prevention and teaches that the patient must be treated with respect and compassion and that the physical, mental and spiritual dimensions of the illness experience be taken into account. Because Islam shares many foundational values with Judaism and Christianity, the informed Canadian physician will find Islamic bioethics quite familiar. Canadian Muslims come from varied backgrounds and have varying degrees of religious observance. Physicians need to recognize this diversity and avoid a stereotypical approach to Muslim patients. PMID:11202669

PEMIKIRAN ISLAM KONTEMPORER ABDULLAH SAEED DAN IMPLEMENTASINYA DALAM PERSOALAN MURTAD

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Ach. Musif

2015-06-01

Full Text Available Western media coverage on Islam and especially on terror attacks by Muslims has been exaggerated and pejorative. This stereotyping has portrayed Islam as problems. First, Islam is seen as sluggish in responding modernity and the advance of science and knowledge so it always lacks behind the West. Second, Islam is associated with extremism and terrorism which are incompatible with the West. Therefore, the emergence of rational thinking and cosmopolitan approach to Islam promoted by Muslim reformists, such as Abdullah Saeed, are very urgent to encounter such stereotype and discourse on Islam in the West. This article examines Saeed’s method called “progressive Islam”.  By taking one example of conversion (murtād, this article elucidates how the method of ijtihād progressive is applied in one of the most controversial topics in Islamic law. This study shows that the law on murtād, as it was introduced by classical Muslim jurists, is now adopted by Muslim countries. However, such adoption does not have a sound ground on the Qur’anic texts and the Sunnah.

Introduction to "Islam in China/China in Islam"

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Matthew S. Erie

2014-09-01

Full Text Available Rather than China versus Islam, the overarching theme of this special issue is “Islam in China/China in Islam.” In thinking through “Islam in China,” we argue that the relationship between China and Islam is not one of opposition, but rather one of cultural, linguistic, and economic imbrication. Indeed, it is difficult to describe Islam and China as two separate or essentialized entities. For some Muslim minorities in certain regions of China, there is no distinction between neo-Confucianism and Islam or between the nation-state and the global umma (community of Muslims. Through intellectual labor, modes of prayer and worship, art, calligraphy, architecture, cuisine, linguistic creoles, and legal pluralism, these Muslims embody multiple cultural referents. For other Muslim minorities in other regions in China, political and economic circumstances present challenges to living in accordance with Islam while also being a citizen of the PRC. In other words, the Muslim experience in China encompasses a complex mosaic of accommodation, adjustment, preservation, and, at times, resistance. Thus, generalizations about this incredibly diverse population are unhelpful, and careful attention must be paid to history, politics, and place...

Debate over Islamic Symbolism and Substantialism in the Formulation of Local Regulation in Tasikmalaya Municipality

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Fitriyani Yuliawati

2018-01-01

Full Text Available This study aims to reveal debate over the formulation of local regulation. Particularly, it seeks to know political dynamics at the grassroot level in policy-making. Theoretical assumption mentions that policy-making is not only a process of government technocracy, but it can also a debate over current discourse among citizens. The qualitative study discloses that the political debate over this discourse occurs due to contradictory perspectives on the aspirations of Shari’a law as a part of formal institutions in the state. The first camp argued that Islam should exist in the public as an effort to build an ideal society. Islam must be included as part of the state, at least in local regulation. In contrast, the second camp argued that in building the ideal society, state does not need to include Islam as part of the state in the regulation.

Colonial traces? Islamic dress, gender and the public presence of Islam

NARCIS (Netherlands)

Moors, A.

2011-01-01

Controversies about Islamic dress have become common-place in Europe since the later 1980s, with state regulations targeting both the Islamic headscarf and later the face-veil. Such present-day attempt to regulate Islamic head coverings resonate with how Muslim women’s dress has been the focus of

ISLAMIC PERSPECTIVE ON MARITAL RAPE

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Muhammad Endriyo Susila

2015-06-01

Full Text Available Marital rape has become a controversial issue in many countries including Indonesia. For the majority of the Indonesian people, it is impossible for rape to take place inside the marriage institution, however some other peoples believe that it possibly occurs. Since it is considered as a kind of rape anyway, those who agree with that concept, insist on the government of Indonesia to qualify marital rape as an offence. This is sounded usually by the human rights activists, especially the feminists. This research is aimed to elaborate the legal position of what so-call marital rape in Islam. As a country whose population is majority Muslim, it can be understood that the development of the Indonesian law is influenced by the Islamic values. This research provide an important reference to deal with the issue of the criminalization of marital rape in Indonesia.Since the research focuses more on the study of legal materials from various sources, it is qualified as a normative legal research. To support the collection of data, interview upon the competent legal experts has also been exercised. The standard of qualification of the legal experts involving in the interview are those who are interested in Islamic Law, especially Islamic Family law as well as Islamic Criminal Law.    Based on the research finding, it is found that the type of the relationship between husband and wife as suggested in Islamic teaching naturaly prevents the what so-call marital rape to occur. It is difficult to imagine the existence of marital rape inside the Muslim familes, since the husband is bound with the obligation to treat her wife well (mu’asyarah bil ma’ruf. In sexual matter, the doctrine of mu’asyarah bil ma’ruf can be applied by respecting the need and the willingness of the wife in sexual matter. Meaning to say, the husband is obliged to fulfill his wife sexual desire in one side, and in the other side he is not allowed to force her wife for sex when she

A judicial review of political questions under Islamic law

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Abdulfatai O. Sambo

2014-06-01

Full Text Available The contemporary Arab world has witnessed uprisings and turmoil as a result of alleged power-overreaching by political elites. Consequently, people call for democracy with emphasis on constitutionalism, accountability and protection of human rights. Yet, the voice of the judiciary seems not to be heard in championing these values in many Muslim nations despite the clear roles Islam places on the judiciary regarding political matters. This paper therefore analyses the power of judicial review on political questions from the perspective of Islamic jurisprudence. It finds that the power of judicial review and its main institution existed in early Islamic periods after the demise of the Prophet (SAW. The paper concludes that failure to observe judicial review in many contemporary Muslim countries results in the absence of effective checks on the powers of the rulers by the judiciary.

INTERNATIONAL HUMAN RIGHT AND ISLAMIC LAW: Sebuah Upaya “Menuntaskan” Wacana-Wacana Kemanusiaan

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Febri Hijroh Mukhlis

2017-12-01

Full Text Available Abstract: Islam offers eternal universal message, namely justice, equality, respect and humanity. This universal message is the holy Sunnah of the Prophet.  Due to the advanced information and technology, the current problems of mankind increasingly appear. The problem can be viewed positively if everyone  understands completely the universal message of prophethood by always stand in the social-humanity. This articleis intended to examine the issue of human rights and Islamic law as an effort to end the dichotomy between Islam and humanitarian problems. It employed descriptive qualitative study that concern with a conceptual disputes. The findings showed that the dichotomy between the concept of human rights and Islamic law must be completed in terms of equality and humanity. Humanitarian affairs are a common action regardless of any interests, religion, politics, culture and even knowledge. If the harmony and understanding between the concept of humanity in the religious or tauhid framework is absence, the understanding of humanity must be freed from all forms of identity interest. Islamic law and human rights are two matters that support each other. Islam respects human rights and vice versa. The religious view must be universal as the views of human rights should also be universal. Each restricted view narrows the relationship.    كان الإسلام يحمل رسالة عالمية وهي العدالة والمساواة والاحترام والإنسانية. ملخص:وهذه الرسالة العالمية في الواقع من السنة النبوية المقدسة. ولكن الآن هناك مشكلات متنوعة يواجهها الإنسان فى عصر المعلومات والتكنولوجيات. وهذه المشكلات يمكن أن تكون إيجابية إذا كان الإنسان يفهم حقوق الرسالة النبوية العالمية التي تميل دائما إلى مجال �

Islamic Business Ethics and Islamic Microfinance in Pesantren Gontor

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Ahmad Lukman Nugraha

2017-04-01

Full Text Available Islam affirms that there stand for mutual affect in business processes, until the business practice as a work field recommended to the adherents; while discussing ethics of business activity poped out to minimize cheating and fraud activities. However, Islamic business ethics felt difficult to apply in practice, especially in the business of buying and selling. Modern Islamic Boarding School “Darussalam” Gontor is one of the self-financing and self-help islamic boarding schools in the economic supported by cooperatives in pesantren (koppontren. This paper aims to comprehensively understand the application of Islamic business ethics and focus on the entrepreneurs in business sectors Gontor La-Tansa’s cooperatives. This research had systematically employed mix method research with sequential explanatory design and case study. Gathering data through using questionnaires, interviews, observation and documentation has been performing analysis through data reduction, data display, and data verification. This paper argues that Gontor La-Tansa’s cooperatives sector can run the business activities with implementing business ethics according to the Qur’an and Sunna values. Appear from the height comprehension of the business to the axiom business ethics and the height application in business activities in each business sector. In addition, the role of kiai and business unit supervisor is high. Data displays a level of the height direction (80 percent and control on the application of business ethics (72 percent. The Islamic business ethics can be applied on firm’s and government’s law with height comprehension and controlling.

Application of Pattern of Islamic State Revenue Policy to Improve the Ability of Indonesia’s Fiscal

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Any Setyaningrum

2015-10-01

Full Text Available The aim of this study is to analyze the possibility of Islamic state revenue to improve the ability of Indonesia’s fiscal. This thing is important in the way to diversify the fiscal instruments in Indonesia. The result shows that several Islamic revenues instruments still relevant to applied in Indonesia, exclude the ghanimah and Jizya. But, it is necessary to adjust the nomenclature and connectivity with state financial regulations. The application does not have to be exclusive and labels associated with Islam, but should be more focused on the exploration of universal values and utility, which is inherent in all of Islam income instruments.DOI: 10.15408/aiq.v7i2.1702

A re-analysis of Price's "Islam and human rights: a case of deceptive first appearances".

Science.gov (United States)

Schumm, Walter R

2003-12-01

Daniel Price in his analysis of Islamic Political Culture and Human Rights concluded that "... government rooted in Islam does not facilitate the abuse of human rights." A re-analysis of his data for 23 Islamic governments demonstrates otherwise. There is a significant trend (pSharia law (if not any secular or religious legal system) may have serious implications for human rights--or at least, Western Euro-American conceptualizations of human rights. At the same time, support for human rights may increase as Islamic governments shift from mostly secular to moderate applications of Islamic law.

The Historiography of Islamic Law: The Case of Tārīkh al-Tashrī‘ Literature

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Arif Maftuhin

2016-12-01

Full Text Available Tārīkh al-Tashrī‘ (the history of sharia affairs is a relatively new genre of Islamic historiography and very popular among students of Islamic Law. Despite its popularity, academics of Islamic historiography seem not interested in studying it. There is hardly any academic paper seriously studied the literature. This paper is a first effort to explore the Tārīkhu’t-tashrī‘ literature through a historiographical analysis. As an initial exploration, it argues that Tārīkh al-Tashrī‘ is the latest development of Islamic historiography, developed in the 19th century, but it is a genre of the old Islamic historiography with some new elements. The new elements are influenced by both modern Western historiography and the need to re-open the supposedly closed gate of ijtihād. The paper studied books of Tārīkh al-Tashrī‘ available during the research between 2013-2015. [Tārīkh al-Tashrī‘ adalah genre yang relatif ‘baru’ dalam matarantai perkembangan historiografi Islam­. Literatur ini sangat popular dan menjadi mata kuliah wajib di fakultas-fakultas Syariah di Indonesia maupun Timur Tengah. Hanya saja, meskipun ia sangat populer sebagai mata pelajaran, Tārīkh al-Tashrī‘ belum banyak menarik minat para peneliti historiografi. Makalah in berusaha mengeksplorasi literatur Tārīkh al-Tashrī‘ dengan pendekatan historiografi. Makalah ini berpendapat bahwa Tārīkh al-Tashrī‘, meski terlihat ‘modern’ dari segi kelahirannya, tidak banyak berbeda dengan literatur historiografi klasik. Perbedaan terjadi karena adanya pengaruh historiografi Barat dalam model penulisannya dan karena kebutuhan untuk membuka kembali pintu ijtihad yang tertutup. Kajian dilakukan terhadap kitab-kitab Tārīkh al-Tashrī‘ yang dapat ditemukan selama riset antara 2013-2015 

Etika dan Kode Etik Jurnalistik dalam Media Online Islam

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Iim Rohimah

2018-04-01

Full Text Available Online media is a new world’s phenomenon which produce the mass communication subjects which is not only institutionalized but also individuals, famously known as citizen journalist. However, this new type of journalist is considered as not professional as mainstream journalists. This phenomenon is also happened in islamic online media, which the subject of this communication could be an institution, or either individuals. These subjects are often violating journalism rule and ethics on the internet. The ideology of this writer and institution could be expressed on a discriminative and unfair journalism product. On the other hand, religious sentiment could also be a factor when a journalism products tend to accused a person before the law. This condition has to be evaluated, it is due to the islamic media on the internet could be an image of Islamic world as a whole. Moreover as a moslem, we are not only pay attention to the journalism code but also on Islamic value. There are many Islamic rule which stated that journalism activities linked with taqwa concept. Each of journalism activites on the media has to be based on the fairness, carefulness and critique-constructive concept. With that, it could strengthen moslem activities on holding not only towards journalism code of ethics but also Islamic religious faith.

Konsep Ilmu dalam Islam

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Achmad Reza Hutama al-Faruqi

2015-09-01

Full Text Available Concept of science in Islam has its own universal dimension, metaphysic and empiric, and diffenrent from sciences came from Western worldview which limited in empiric dimension. It will be in the case that the concept of science in Islam is one of integral part of Islamic worldview; so that it has its own characteristics differed from another concept of science in other civilizations. Science according to Islamic worldview is not only cover substance of knowledge, but becomes important element in civilization as well. Related to the important of position of science, number of scholar such as Ibnu Khaldun, Imam al Ghazali, or Syed Muhammad Naquib al-Attas gave several features of science to know which one has higher priority, to be associated with how the concept of science in Islam decided later. From the discussion offered by the scholars, it will be understood that science in Islam not only encompasses theology and law, but also there is a row of other sciences such as physics, biology, and so forth need to be studied. The acquisition method of each branch of sciences have their own approach, both of internal and external sense, khabar s}a>diq, and the third is intellect. A Muslim should solidly hold the Islamic tradition and not too impressed with the tradition of Western scholarly even it looks more attractive.

Berpikir Rasional-Ilmiah dan Pendekatan Interdisipliner dan Multidisipliner dalam Studi Hukum Keluarga Islam

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Khoiruddin Nasution

2017-12-01

Full Text Available This short article tries to explain how important it is to think rationally and scientifically, place the position of approachment in the Study of Islamic Family Law, also describe the use of Interdisciplinary and multidisciplinary approach to understand and practice the Islamic Family Law. In conclusion, there are three conclutions. First, students need to get used to think, write, speak and act rationallly and scientifically. The process can be carried out by integrating with the entire subjecy. Second,  needs a good and comprehensive understanding of approachment positions in the study of Islamic Family Law, both in relation to habituation of thinking, writing, speaking and acting rational and scientific as well as in effort to integrate and interconnect Islam and science. Third, it is necessary to habituate using an interdisciplinary and multidisciplinary approach to understand and observe all matters  that related to the Islamic Family Law.   [Tulisan singkat ini mencoba menjelaskan bagaimana pentingnya berpikir rasional dan ilmiah, meletakkan dimana posisi pendekatan dalam Studi Hukum Keluarga Islam, sekaligus menggambarkan penggunaan Pendekatan Interdisipliner dan Multidisipliner dalam memahami dan mengamalkan Hukum Keluarga Islam. Kesimpulannya ada tiga. Pertama, mahasiswa perlu dibiasakan berpikir, menulis, berbicara dan bentindak rasional dan ilmiah. Proses pembiasaannya dapat dilakukan secara terintegrasi dengan seluruh mata kuliah. Kedua, perlu pemahaman yang baik dan konprehensif bagaimana posisi pendekatan dalam studi Hukum Keluarga Islam, baik dalam kaitannya dengan pembiasaan berpikir, menulis, berbicara dan bentindak rasional dan ilmiah maupun dalam upaya integrasi dan/atau interkoneksi keilmuan. Ketiga, perlu pembiasaan menggunakan pendekatan interdisipliner dan multidisipliner dalam memahami dan mengamalkan segala persoalan yang berkaitan dengan Hukum Keluarga Islam.

Islam and harm reduction.

Science.gov (United States)

Kamarulzaman, A; Saifuddeen, S M

2010-03-01

Although drugs are haram and therefore prohibited in Islam, illicit drug use is widespread in many Islamic countries throughout the world. In the last several years increased prevalence of this problem has been observed in many of these countries which has in turn led to increasing injecting drug use driven HIV/AIDS epidemic across the Islamic world. Whilst some countries have recently responded to the threat through the implementation of harm reduction programmes, many others have been slow to respond. In Islam, The Quran and the Prophetic traditions or the Sunnah are the central sources of references for the laws and principles that guide the Muslims' way of life and by which policies and guidelines for responses including that of contemporary social and health problems can be derived. The preservation and protection of the dignity of man, and steering mankind away from harm and destruction are central to the teachings of Islam. When viewed through the Islamic principles of the preservation and protection of the faith, life, intellect, progeny and wealth, harm reduction programmes are permissible and in fact provide a practical solution to a problem that could result in far greater damage to the society at large if left unaddressed. Copyright (c) 2009. Published by Elsevier B.V.

Konsep Nafkah dalam Hukum Islam

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Syamsul Bahri

2015-08-01

Conjugal Need Concept in Islamic Law ABSTRACT: Conjugal need is not only a gift that is provided by a husband to his wife, but also an obligation of the father to his child and the responsibility of an owner to something. The need liabilities have been ruled in Islamic texts of Qoran and al-Hadith, which there are in the Chapter of Ath-Thalaq paragraph (6, Al-Baqarah: 233, and more. The need means an obligation that must be done by the form of expenditures related to the basic needs of both the husband against the wife and father of the child or his family. Due to its importance of it in the study of Islamic law, even a wife who has been dithalaq by her husband still has the right to earn a living for themselves and their children. In addition, although a living is an obligation to be met but concerns the level of living, it should be first to find the limits of  its provider.

Reviews: New Literature on Law and Political Institutions in Indonesia

OpenAIRE

Prasad, Karolina

2012-01-01

1) Butt, Simon, and Tim Lindsey (2012): The Constitution of Indonesia: A Contextual Analysis. Oxford: Hart Publishing (Constitutional Systems of the World Series). ISBN-13: 978-1849460187 2) Kimura, Ehito (2012): Political Change and Territoriality in Indonesia: Provincial Proliferation. London: Routledge (Routledge Contemporary Southeast Asia Series). ISBN 9781136301810. 3) Lindsey, Tim (2012): Islam, Law and the State in Southeast Asia: Volume I: Indonesia London: Tauris. (Islam...

Analysis of Business Revenue Residual Sharing System in Cooperatives in Indonesia on Islamic Law Review: A case study at KSU Mitra Bersama in Palu City

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Abidin Djafar

2018-03-01

Full Text Available This study aims to explain profit sharing system in Mitra Bersama Cooperative in the Overview of Islamic Law. To achieve this objective, this research uses descriptive qualitative method by employing three data collecting techniques i.e. observation, interview, as well as documentation. The data of this research are obtained from the Chairman, the Secretary and the Employees of the Multipurpose Cooperative (KSU Mitra Bersama. The results showed that the distribution of Business revenue Residual (SHU, at Mitra Bersama Cooperative, amounted to 5% which was distributed to all members of the cooperative in December. This sharing system displays no injustice and extortion disadvantageous to the cooperative’s members.  It performs an open management system and shares the profits and losses to its members according to the prevailing regulations already known by all shareholders. We concluded that the system of the Business Revenue Residual (SHU sharing at this Multipurpose Cooperative is permissible in Islam. Therefore, the results of this study can be used as a good model for Business Revenue Residual (SHU sharing system which conforms to Islamic Law.

Sanksi Pidana Pemerkosaan Terhadap Anak Menurut Hukum Pidana Positif dan Hukum Pidana Islam

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Fitri Wahyuni

2016-06-01

Full Text Available Crime is a social phenomenon that occurs at any place and time. One form of the crime is rape against children. This research is motivated by the condition of the large number of rapes that occur against children. But the threat of criminal penalties against perpetrators of child rape with imprisonment of a maximum of 15 (fifteen years is considered not reflect the sense of justice for children as victims and that provision is not in accordance with the development of the people of Indonesia are mostly Muslim. This encourages the comparison between positive criminal law with Islamic criminal law and the need for reform of criminal law in the future. Descriptive-analytic approach-comparative, used to analyze criminal sanctions in rape against children in Indonesia. Criminal sanctions rape of children as contained in the Criminal Code and the laws establish child protection imprisonment. Viewed from the objective of sentencing in criminal law rape Indonesia that criminal sanctions against children in positive criminal law does not accommodate the interests of the protection of victims but only oriented to act so that the objective of sentencing offenders to provide a deterrent effect against perpetrators have not been up to materialize. While the Islamic criminal law does not mention explicitly about rape,  but rape in Islamic criminal law can be in groups into jarimah adultery even more cruel. Islamic law had explained that rape is hirabah (QS. Al Maidah: 33. Punishment in the form of the death penalty, crucifixion, hand cut legs crossed or exiled. Thus, the formulation of sanctions in criminal law reform on child rape can be adopted with a choice of criminal sanctions as contained in the criminal law of Islam.

Pendidikan Islam dalam Sistem Pendidikan Nasional

OpenAIRE

Fathul Jannah

2013-01-01

Islamic educationis an integral part of the National Education System. As part of the national educational system, Islamic education gets legitimacy to exist and get a place to live and thrive in Indonesia to meet need of education for Muslims. Accommodation to the Islamic education system and make the system of Islamic education institutions have a strong foundation to be developed with the support of funds and attention from the state. Therefore, the state is obliged to develop Islamic educ...

ISLAM: Agama Kemanusiaan

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M. Zainuddin

2008-12-01

Full Text Available Islam provides the guidance of human life from the smallest problem to the greatest affairs, ranging from household affairs, sleep, eat and drink up to the affairs of the nation and state. This paper raises how Islam covers all aspects of life as a religion of humanity. If taken seriously in the verses of the Qur'an or as Sunnah, will undoubtedly be found, that the core of the teachings of Islam is faith and righteousness. Islam is more than a formal religion, but it is also a great treatise for social transformation and a challenge to personal interests. Islam is a humanism, a religion that is very concerned with humanity as a central goal. This is the basis of Islam. Therefore, the greatest task of Islam is actually to transform social and cultural transformation with Islamic values.   Islam memberikan tuntunan hidup manusia dari persoalan yang paling kecil hingga ke urusan yang paling besar, mulai dari urusan rumah tangga, tidur, makan dan minum sampai pada urusan bangsa dan negara. Tulisan ini mengangkat bagaimana Islam mencakup segala aspek kehidupan sebagai agama kemanusiaan. Jika dicermati secara serius dalam ayat-ayat al Quran maupun as sunnah, niscaya akan ditemukan, bahwa inti ajaran Islam adalah iman dan amal saleh. Islam lebih dari sekedar sebuah agama formal, tetapi juga risalah yang agung bagi transformasi sosial dan tantangan bagi kepentingan-kepentingan pribadi. Islam adalah sebuah humanisme, yaitu agama yang sangat mementingkan manusia sebagai tujuan sentral. Inilah dasar Islam. Oleh karena itu, tugas terbesar Islam sesungguhnya adalah melakukan transformasi sosial dan budaya dengan nilai-nilai Islam.

PRINSIP-PRINSIP DASAR EKONOMI ISLAM DAN PENGARUH TERHADAP PENETAPAN STANDAR AKUNTANSI

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Koenta Adji Koerniawan

2012-02-01

Full Text Available Ekonomi islam merupakan suatu hal yang harus diimplementasikan dalam kehidupan bisnis. Tidak ada keraguan sebagai mayoritas pemeluk Islam untuk melaksanakan konsep-konsep yang didasarkan pada Al-Qur’an dan Al-Hadist. Dalam pandangan Islam, hukum berasal dari Tuhan (Allah dan manusia hanya bisa mendaftar dan memperluasnya untuk situasi yang berbeda. In the west, laws are passed to accommodate existing situations while, in the Islamic view, existing situations must be transformed to conform to Divine Law. Di barat, hukum dilewatkan untuk mengakomodasi situasi yang ada sementara, dalam pandangan Islam, situasi yang ada harus berubah menjadi sesuai dengan Hukum Ilahi. Singkatnya, tanpa aplikasi pengaturan Islami'ah Syariat Islam Standar Akuntansi tidak mungkin. Elements which should be considered include: Islamic economy elements the most important of which is social justice through application of prohibition of riba, zakat, and Islamic ethics. Elemen yang harus dipertimbangkan mencakup: elemen-elemen ekonomi Islam yang paling penting yang adalah keadilan sosial melalui penerapan larangan riba, zakat, dan etika Islam. Other factors such as Environmental and International elements which influence Muslims community and adoption of these elements are possible based on Ijtihad through application of "Time" and "Place". Faktor-faktor lain seperti dan Internasional elemen Lingkungan yang mempengaruhi masyarakat Muslim dan adopsi dari unsur-unsur yang mungkin didasarkan pada ijtihad melalui penerapan "Waktu" dan "Tempat".

Use of Unmanned Aerial Vehicles by the Islamic State: Nature of the Threat

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David Mrva

2018-01-01

Full Text Available The proliferation of Unmanned Aerial Vehicles (UAVs on the battlefield does not exclude terrorist actors. Recently, there is an evident increase in the number of incidents when the so-called Islamic State has used UAVs. This article tries to describe this relatively new phenomenon and present an overview of main types of the potential Islamic State’s UAV employment in Europe. Despite the fact, that the UAV use by terrorist actors will probably not have the strategic impact by itself, it constitutes a new challenge for state security agencies.

Los animales en los textos sagrados del Islam

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Aurora Ribagorda Calasanz

1999-01-01

Full Text Available A través de los textos sagrados del Islam, fundamentalmente el Corán y la Sunna, este trabajo quiere subrayar la importancia del animal en el contexto religioso islámico. También se consideran las interpretaciones de la ley y el pensamiento jurídico de las diferentes escuelas, con especial atención al derecho islámico en al- Andalus. Finalmente se aborda el problema de la creación artística y la representación figurativa de seres vivos bajo el punto de vista de su fundamento jurídico y religioso. La conclusión remitirá a un hecho: la indisoclabllidad entre hombre y animal en el mundo islámico.Studying the sacred tests of Islam, bassicaily the Koran and the Sunna, this work Intends to show the important role of the animáis in the worid of islamic religión. Considerations are also made about this role in regard with the islamic laws and its different interpretations and judicial doctrines foilowing the differents schools. Special Interest is brought to the islamic law in al-Andalus. Finally this work deals with artistic creation and representation oflive beings submitted to the religious and judicial rules of Islam. A conclusión wiil be underlined: the very closed links between men and animáis in the islamic world.

Prosecuting Crimes of International Concern: Islamic State at the ICC?

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Cóman Kenny

2017-04-01

Full Text Available The rise of Islamic State (IS has fundamentally altered the conception of terrorism, a development which international criminal law is arguably unprepared for. Given the scale and gravity of the group’s crimes, questions abound as to how those responsible will be held accountable. In the absence of significant domestic prosecutions and short of the establishment of a dedicated accountability mechanism, the International Criminal Court (ICC stands as the forum of last resort in which IS members could stand trial. Such a proposition is not without significant challenges, however. This article addresses some key issues facing any potential prosecutions from the perspective of: (i jurisdiction; (ii applicable crimes; and (iii modes of liability. First, as Syria, Iraq, and Libya are not States Parties to the Rome Statute, the available avenues for asserting jurisdiction will be assessed, namely: a Security Council referral; jurisdiction over so called ‘foreign fighters’ who are State Party nationals; and jurisdiction over attacks on the territory of a State Party and whether they could be considered part of a broader series of criminal acts in IS held territory. Second, as there is no crime of terrorism in the Rome Statute, the question of prosecuting acts encapsulated in a systematic campaign of terror through existing provisions will be assessed. Third, the regime of accountability at the ICC will be analysed in light of IS’s purported structure and the crimes with which it stands accused. Focus will be directed to those responsible for the propagation of genocidal propaganda and individuals who provide aid or assistance to IS which contributes to its crimes. These questions are far from theoretical. The UN has designated IS a threat to international peace and security. There follows an expectation that international criminal law should play a role in tackling one of the major criminal concerns of our time and ensure that impunity for those

PENGARUH DOKTRIN TERTUTUPNYA PINTU IJTIHAD TERHADAP POLA PENGAJARAN HUKUM ISLAM DI PONDOK PESANTREN TRADISIONAL

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Mazroatus Saadah

2012-01-01

Full Text Available The announcement of the closedness of ijtihad (getting Islamic Laws seemingly gives significant influence on the teaching pattern in traditional islamic dormitories in Indonesia. It can be seen from the teaching pattern of Kitab Kuning particularly the Book of Fiqh (Islamic Law which is essentially the scientific thought or elaboration of islamic scientist or ulama onto syaria cases (the Holy Quran and Al-Hadith. With the existence of the doctrine of ijtihad closedness, the teaching model applied in traditional islamic dormitories only transfers meanings (getting the meaning of arabic books and explains the contents without any dialogue or discussion. In addition, it also legitimates the ulama’s dominance or authority, such as what he said must be obeyed and the students or santri have no rights to reconfirm and criticize. Therefore, this journal will reveal the influence of the ijtihad closedness toward the teaching pattern of Islamic law in traditional islamic dormitories. With the positiveness of technology and information advance and the numbers of modern teaching models, there is a promising hope for traditional islamic dormitory to upgrade its teaching pattern and to develop to be more modern without having to break and leave its typical character.

Islam in the Governmentality of the State

DEFF Research Database (Denmark)

Vinding, Niels Valdemar

2009-01-01

with Islam and Muslim organisations. Thus the role and future of Islam in Europe is currently and continuously being reshaped by both Muslims and by the discourses in the European communities. Ultimately, this presentation gives to interrelated examples to show the changing identity of Muslims and rephrased...... norms of Shari'a in a current British context. Firstly, multiculturalism - as the framework for understanding religious plurality and diversity within liberal societies - is shown to be an ongoing examination and evaluation of Islamic norms. Secondly, within this frame, specific institutions...

CONTEMPORARY ISLAMIC THOUGHT IN INDONESIAN AND MALAY WORLD: Islam Liberal, Islam Hadhari, and Islam Progresif

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Kamaruzzaman Bustamam-Ahmad

2011-06-01

Full Text Available Islam in Indonesian and Malay world is very much heterogenuous. Taking Islam Liberal, Islam Hadhari, and Islam Progresif as the subject of analysis, this article deals with the concepts Islam Liberal, Islam Hadhari, and Islam Progresif as products of the trends in Islamic thinking, the impact of these three interpretations of Islam in Malaysia and Indonesia, the similarities and dissimilarities between the three, and their future prospects in the region. It argues that the prominence of the debates surrounding the three currents of Islamic thought is the result of struggles for power and authority in Islamic discourse in the region. It further argues that the Indonesian-based Islam Liberal differs from the Malaysian-based Islam Hadhari in that it does not originate from government sources. Islam Progresif is more of an umbrella term referring to various strands of thought developed by Muslims opposed to the status quo. Although Islam Hadhari is a newly-coined term, it contains many elements in common with other schools of Islamic thought including Islam Liberal and neo-modernist Islam.

POLA PENGASUHAN ORANG TUA DAN MORAL REMAJA DALAM ISLAM

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MIFTAHUL JANNAH

2015-01-01

Full Text Available Style of parenting can`t be separated by moral behavior in educating children, how to have morals in life, especially in the family environment and parents this sekolah.Dewasa many difficulties and problems in educating children, from academics, intellectuals, state officials moreover from lower socioeconomic circles who have no education and mature economies. The problem lies in the failure of parents to educate generations obedient to Allah and will understand Islamic values. Various problems occur for example brawl, free sex, lack incapacity to control children in the associate, drugs, and various other criminal. Events and these events often occur in big cities but now shifts to all levels of society, both in rural and metropolitan cities. The teenagers went along with all the negative behavior without thinking about the impact of the negative impacts that will be experienced both for himself and his parents have failed to maintain the good name of both parents in the world and in the presence of Allah, for failing to do good deeds as an eternal charity before Allah Swt. Our country is far backward from the Islamic civilization since leaving the values of Islam, the developed world have left their ignorance and are following Islamic law that is believed to be true in the welfare of the ummah. Generani Islamic Ummah and Islam must educate by parents who have the foundation of Islam in the household so that kusesesan begins within the family nucleus and then continues into the school environment and the community.

In the context of both International law and the application of Islamic Sharia Law, how effective have Kuwait and the Kuwaiti legal system been in addressing, preventing and combating human trafficking?

OpenAIRE

MEZHI MEJBEL MEZHI BATHAL ALRASHEDI, ALI

2017-01-01

This thesis answers the question of how effective Kuwait and the Kuwaiti legal system have been in addressing, preventing, and combating human trafficking in the context of both international law and the application of Islamic Sharia Law (ISL). The thesis is concerned with trafficking in persons with a particular focus on trafficking to exploit labour in Kuwait as compared to the five other Arab countries in the Gulf Cooperation Council (GCC). The GCC countries are parties to the main interna...

Islamic Commercial Law in Contemporary Economics,

Science.gov (United States)

1981-06-01

behavior with the finality of a physical science. Instead Islamic econoics focuses on human free will. It is purposive and normative, designed to...Consumer Loans This Is a major issue area. The two critical issues in cosumer loans are excess credit expansion and sociological/moral desirability of...rationalim’ and ,ut itaan.’’. Econmic rationalism interprets human behavior as being founded on a ’rigorous calculation directed with foresight and caution

PERDEBATAN HUKUMAN MATI DI INDONESIA: Suatu Kajian Perbandingan Hukum Islam dengan Hukum Pidana Indonesia

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Muhammad Hatta

2012-12-01

Full Text Available The Debate of Capital Punishment in Indonesia: A Comparative Study between Islamic and Indonesian Criminal Law. Strictly speaking, the Islamic and Indonesian criminal law provide for capital punishment. However, the existence of the death penalty in Indonesia is still debatable. It is assumed that the death penalty is against human rights, but others consider it as to protect the public interest. In order to discuss the contravening views, this paper is an attempt to critically analyzed the issu by using a normative juridical approach. It is concluded in its implementation of capital punishment both the in Islamic and Indonesian criminal law is carefully applied and with the limits prescribed by law. Such restrictions are expected to balance the views between the pro and against capital punishment in Indonesia. The death penalty in Islamic criminal law is to protect religion, life, property, intellect and descendant. The five basic human rights is given by the Almighty God that should be protected, the violator of which is liable for capital punishment.

PERUBAHAN SOSIAL DAN KAITANNYA DENGAN PEMBAGIAN HARTA WARISAN DALAM PERSPEKTIF HUKUM ISLAM

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Zulham Wahyunadi

2015-02-01

Full Text Available This article generally discusses the social change and its relationship to the practice of Islamic inheritance. This study aims to investigate the impact of the social change in altering the inheritance law. Data for this study were gathered through various Islamic literatures, books, articles, seminar papers and other related materials. The findings of this study revealed that the social change has influence on the altering of the Islamic inheritance law within the community. However, the change was limited only for the law that was resulted from maslahah al-mursalah, as wasīyyat al-wajībah problems that have been legislated laws in Muslim countries, not the qat‘i laws as it was originally coming from the divine source. As this study has several limitations, it was recommended that future studies need to examine this matter more comprehensively due to some deficiencies in its application such as the use of fiqh and ushul methods.

Chinese Islam: A Complete Concert

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Zvi Ben-Dor Benite

2017-06-01

Full Text Available Matthew S. Erie, China and Islam: The Prophet, the Party, and Law. Cambridge University Press, 2016. 472 pp. $140 (cloth/e-book. Jonathan Lipman, ed., Islamic Thought in China: Sino-Muslim Intellectual Evolution from the 17th to the 20th Century. Edinburgh University Press, 2016. 288 pp. £70 (cloth; e-book. Roberta Tontini, Muslim Sanzijing: Shifts and Continuities in the Definition of Islam in China. Brill, 2016. 238 pp. $125 (cloth. Why study a Chinese “minority” and its history? The task of scholars of Chinese Islam since the 1990s has been twofold: on the one hand, we have wanted to study Islam in China in its Chinese social and cultural context, as opposed to imagining it as a single separate entity, and to show that its history is relevant and meaningful for Chinese history in general. One could almost say that this goal was achieved a while ago. The next task has been to make the study of Chinese Islam and its history meaningful and useful for the greater community of scholars of Islam in general. It seems to me that with the books reviewed here, and with others in the making, we are getting close to reaching this target. In 1910, Marshall Broomhall’s Islam in China declared that Chinese Islam was a “neglected problem.” These books show that it is no longer neglected, and no longer a “problem”; rather, it is an exciting topic. Indeed, a complete, even if not harmonious, concert.

Foundations of the Islamic State: Management, Money, and Terror in Iraq, 2005-2010

Science.gov (United States)

2016-01-01

effect through high-profile spectacular attacks, kid - nappings, and beheadings; and fomenting sectarian conflict through a deliberate campaign that...from the Yazidi religion, viewed by the Islamic State as a form of devil worship, are sold for sex .5 Even where there seems to be dramatic change...Ordeal as ISIL Sex Slave,” Telegraph, September 7, 2014. 6 Charlie Winter, The Virtual “Caliphate”: Understanding Islamic State’s Propaganda Strat

CNA/The Institute for Statecraft Meeting on Evaluating and Countering the Threat from the Islamic State

Science.gov (United States)

2015-08-10

Charlie Hebdo.  Mastery of social media enables IS to exist as a virtual global caliphate. Islamic State: From Jihadi Movement to Potential Global...military skills but also in classic terror methods , in propaganda techniques, and in deception. As a conventional military, IS has demonstrated...Salafism, a strict constructionist , originalist interpretation of the core texts of Islam. Their intention is to reform Islam and return to what they

MANAJEMEN LEMBAGA PENDIDIKAN ISLAM BERBASIS MASYARAKAT DAN SEKOLAH

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Sodiah Sodiah

2016-05-01

Full Text Available The institutional Islamic education progress need an open system from superior to subordinate. The longer bureaucracy has to be passed in an education implementation cause the smaller effectiveness and efficiency achievement. Therefore in improving institutional Islamic education management is applied society based management and school based management. The society based management gives large chance for learning community also its general to form Islamic education purpose and education policy that multi-benefit. Thus school based management as a result from the autonomy law so that managers have authority to manage sources and human resources for achieving the objective of institutional Islamic education.

The Role of Sharia Judges in Indonesia: Between The Common Law and The Civil Law Systems

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Alfitri

2017-12-01

Full Text Available This article seeks to analyse the role of Religious Courts’ (Pengadilan Agama or PA Judges in the formation of Islamic law in Indonesia. As part of the civil legal system, PA Judges are bound by legal provisions in handling legal disputes in court. They must apply the applicable legal provisions to decide upon a case. This condition can also be understood from the aspect of appointment of judges in Indonesia, including PA Judges, which is conducted not through professional career path as in the common law system. Thus, they are appointed from a new graduate of law/sharia faculty and then trained, inter alia, to apply and/or interpret applicable laws (legislation; and not to make the law itself. However, on the basis of secondary data analysis, studies on the ijtihad of PA Judges reveal that they are no longer only fixated on the provisions of statutes in deciding cases. They also make laws, cases in point are the Compilation of Islamic Law (KHI and the Compilation of Sharia Economic Law (KHES, do ijtihad on the books of fiqh which became the basis for the drafting of Islamic legislation in Indonesia. Some of them even do direct ijtihad from Sharia sources, namely the Qur'an and Hadith. This condition is arguably more in accordance with the character of judges (qadis in Islamic history which on a certain level similar to the role of judges in common law system.

HAK-HAK ASASI MANUSIA DALAM HUKUM ISLAM

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Tutik Hamidah

2008-08-01

Full Text Available Human rights objectively aim noble. It grants basic rights to human beings without distinction of origin, race, color, sex, language or religion. The concept of human rights in maqasid al syariah is Islamic sharia is prescribed in order to protect the human benefit by protecting the interests, safety and welfare of human beings both in life in the world and in the hereafter. The fundamental problem, if Islamic law is confronted with human rights is at least in family law. There arose some offers of methods of understanding nas in order to respond to human development. A verse of qatb'i is by analyzing a number of verses so that a unified understanding of the verses can be obtained. The collaboration of some of these verses shows that the understanding contained therein is definite and undeniable. then the tension in Islamic law, especially allegations of discrimination against women and non-Muslims can be avoided without any need to have allegedly left the Qur'anic verses.   Hak-hak Asasi manusia secara obyektif bertujuan mulia. la memberi hak-hak dasar kepada manusia tanpa membedakan asal-usulnya, baik ras, warna kulit, jenis kelamin, bahasa maupun agama. Konsep HAM dalam maqasid al syariah yaitu syariah Islam disyariatkan dalam rangka melindungi kemaslahatan manusia dengan melindungi kepentingan, keselamatan dan kesejahteraan manusia baik dalam hidup di dunia maupun di akhirat. Problem yang mendasar, jika hukum Islam dihadapkan kepada HAM paling sedikit adalah pada hukum keluarga. Muncullah beberapa tawaran metode memahami nas dalam upaya merespon perkembangan kemanusiaan. Suatu ayat qatb 'i adalah dengan menganalisis sejumlah ayat sehingga bisa diperoleh suatu pengertian yang searah dari ayat-ayat tersebut. Kolaborasi sejumlah ayat tersebut menunjukkan bahwa pengertian yang terkandung di dalamnya bersifat pasti dan tak terbantah. maka ketegangan dalam Hukum Islam, khususnya tuduhan diskriminasi terhadap wanita dan non-muslim bisa dihindarkan

Islam as a Civilization

Science.gov (United States)

Butterworth, Charles E.

2012-01-01

The attention in the West, especially in the United States, now accorded Islam and those who conduct themselves according to its precepts betrays woeful ignorance of both. As Graham Fuller has persuasively argued in his recent book, "A World Without Islam", Western culture owes much to Islam as well as to Muslims and would be greatly impoverished…

Pendidikan Islam dalam Sistem Pendidikan Nasional

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Fathul Jannah

2013-12-01

Full Text Available Islamic educationis an integral part of the National Education System. As part of the national educational system, Islamic education gets legitimacy to exist and get a place to live and thrive in Indonesia to meet need of education for Muslims. Accommodation to the Islamic education system and make the system of Islamic education institutions have a strong foundation to be developed with the support of funds and attention from the state. Therefore, the state is obliged to develop Islamic educational system as a kind of religious education in the national education system. In the system of national education, Islamic education as a system of religious education is carried out in different lines of formal, informal and non-formal.

Relasi Fiqh Muamalat dengan Ekonomi Islam

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Zainil Ghulam

2016-10-01

Full Text Available Association of human society, will lead to personal interests for the sake of self-sufficient. From this will be born the rights and obligations that must be observed as a result of the fulfillment of human life necessities. Every human being bears the rights and obligations of each. Therefore, the association's rights and obligations should be regulated in accordance with the law and order that is clearly not harm each other. For example, every human being must be in need of property or the property of others. To meet these needs, the emerging practice of barter (exchange of goods, then buying and selling directly and are now developing more advanced such as e-commerce. Practices such as these need standards clear law to protect the rights and obligations of each. From here, the Muslim scholars to formulate diligence "rules of the game" are clear and properly conforming the Islamic Sharia, known as Fiqh Muamalat. In Islam, the fundamental philosophy of Islamic Economics is unity of god (Sura 39:38. The concept of monotheism confirms that Allah is the One mighty One, the creator of all beings. Human beings as creatures are derived from the same creation and discount equal rights and obligations as a vicegerent on earth. Thus, in Islamic Economics unknown economic strata, because the principle is the equitable distribution of economic resources for the benefit of human life and the universe. Humans as economic beings (homo economicus will certainly study the economy as part of his behavior to meet their needs in accordance with the principles prisnip human interaction. Therefore, the pattern of interaction between people (read: Muamalat in economic practice (Islam, it can be concluded that the real Islamic economic is part of the Fiqh Muamalat.

Sexuality and Islam.

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Dialmy, Abdessamad

2010-06-01

This paper deals with three major questions: (1) What are the sexual norms defined by the sacred texts (Koran and Sunna)? (2) What are the sexual practices currently observed among Moslems? (3) To which extent are current sexual practices of Moslems dissociated from Islamic sexual norms? Sexual standards in Islam are paradoxical: on the one hand, they allow and actually are an enticement to the exercise of sexuality but, on the other hand, they discriminate between male and female sexuality, between marital and pre- or extramarital sexuality, and between heterosexuality and homosexuality. Men are given more rights with regard to the expression of their sexuality; women are forbidden to have extramarital sex (with their slaves) and both genders to have homosexual relationships. The combination of these paradoxical standards with modernisation leads to the current back and forth swing of sexual practices between repression and openness. Partial modernisation leads to greater sexual tolerance. But restrictive sexual standards have gathered strength and have become idealised as a result of the current radicalisation of Islam. This swing of the pendulum between repression and openness is illustrated by phenomena such as public harassment, premarital sexuality, female pleasure, prostitution, and homosexuality. Currently, Islam is not any more the only reference which provides guidance concerning sexual practices but secularisation of sexual laws is still politically unthinkable today. So the only solution is to achieve reform in the name of Islam, through the reinterpretation of repressive holy texts.

Eklektisisme dalam Taqnîn Hukum Keluarga di Dunia Islam

OpenAIRE

Abdul Ghofur; Sulistiyono Sulistiyono

2015-01-01

The Qur’ân was revealed with justice and equality for human beings regardless of their sex, race, social class and ethnicity, as cardinal principles and intrinsic values in Islamic sharî‘a. If this is the case, modern Muslim society with Islamic law is necessarily of equality and justice. However, their family laws which are grounded on assumptions of past centuries and have little bearing on contemporary realities have not reflected gender relations. Inequality that occurs within the context...

Murder by YouTube - anti-Islamic speech and homicide liability.

OpenAIRE

Bohlander, Michael

2014-01-01

Usually, hate-speech and its criminalisation are looked at from the angle of a separate hate-speech offence, and often in the context of human rights law, especially freedom of speech and religion. In the Islamic world, such issues are treated under blasphemy laws and the availability of severe sanctions for that offence, not infrequently the death penalty, may make a separate recourse to homicide offences unnecessary. Yet, recent events in the Islamic world suggest that it would not be unima...

EKONOMI ISLAM DALAM KAJIAN FIQH KONTEMPORER; STUDI AWAL TENTANG JAMINAN FIDUSIA

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WAZIN BAIHAQI

2016-10-01

Full Text Available Abstract. Preliminary Study on Fiduciary in Fiqh Contemporary of Islamic Economics Studies. The main purpose of Islamic law is for the benefit of the people. The benefit is measured by the jurisprudence usul doctrine known as al kulliyatul kahms or sharia maqashid. One of the goals of Islamic law is hifdz al-mal (to maintain and guarantee of property ownership. The implementation of economic law to regulate all economic activities should be ensured to give benefits to Muslims. Therefore, Islam provides the rules of muamalah in commercing, leasing, fiduciary, etc. Nowadays, the diversity forms of economic transactions increasing rapidly, one of them is fiduciary. Fiduciary is a form of guarantee that adopted by the legal system of law in Indonesia from Netherlands since the colonial era to the present. Fiduciary guarantee begins popular used as a follow-up agreement on financing transactions; this is because the collateral still handling in the guarantor, also provide the convenience for the guarantor to take the advantage from the collateral. This model almost not discussed in the classical fiqh muamalah although some jurists have discussed about it. As the response of the development of economic transactions, it would need to practice more about the fiduciary in the discourse perspective of Islamic economics law. In order to avoid the Maisir, Gharar, Haram, and Riba in Islamic transactions, therefore, the National Sharia Council (DSN issued the fatwa Number. 68 /DSN-MUI/III/2008 about the Rahn Tasjily that similar to the fiduciary while still complying with the rules of fiqh muamalah. Abstrak. Ekonomi Islam Dalam Kajian Fiqh Kontemporer Studi Awal Tentang Jaminan Fidusia. Studi Awal Tentang Jaminan Fidusia Dalam Kajian Fiqh Kontemporer Ekonomi Islam. tujuan utama hukum dalam Islam adalah untuk kemaslahatan ummat. kemaslahatan tersebut diukur dengan doktrin ushul fiqh yang dikenal dengan sebutan al kulliyatul kahms atau maqashid syariah. Salah

Constitutional legitimacy: Sharia Law, Secularism and the Social Compact

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Zia Akhtar

2011-05-01

Full Text Available This article considers the general points relating to the application of Sharia law which challenges legislators in the political instability of a number of Middle Eastern countries. The question explored is how governments of these countries who are facing discontent can work towards constitutional governance. As an example comparison is made between the Islamic Republic of Pakistan and Indonesia with the largest Muslim populations. In Pakistan an inherited Westminster Parliamentary system with a common law codified dated at the time of the British rule is supplemented by criminal penalties as present in the Hudood ordinances. These codes enforce punishments for some crimes and these were promulgated in the early 1980s during the reign of the Pakistani conservative military government. These different layers of jurisprudence do not accord with a uniform legal precedence and creates a clash between liberals and the fundamentalists who want an all pervasive Sharia law. The Pakistani legal canon of Islamic law has been restricted by the secular ideology of the state which has parallels in other Asian countries with a Muslim majority. However, there is an issue of compatibility of a secular ideology and the application of Sharia. It needs an exposition of thought that takes account of the enlightenment in Europe which led to the social contract theory in the 18th century. This theory rejects the narrow interpretation of divine authority and presents the jurist with a challenge to make modernize the laws. In recent times Muslim academics have adopted a critical approach against the tenets of conservatism in temporal Islam and called them unrepresentative of the true spirit of the Sharia. The present turmoil in the Arab countries has raised the question of legitimacy and the need arises to evaluate the principles of the Compact of Medina, which was proclaimed by the first Islamic state, and secondly, to enquire if the adoption of Sharia can be made

Intertransitions between Islam and Eastern Orthodoxy in Kazakhstan (Nineteenth-Early Twentieth Centuries)

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Sadvokasova, Zakish T.; Orazbayeva, Altynay I.

2016-01-01

The purpose of this paper is to review the historical facts related to conversion of indigenous people of the Kazakh steppe from Islam to Christianity and the conversion of the Russian migrants from Orthodoxy to Islam in Kazakhstan in the nineteenth-early twentieth century. The study deals with the laws that were detrimental to Islam and reforms…

ISLAM IN THE NON-MUSLIM AREAS OF NORTHERN NIGERIA, c

African Journals Online (AJOL)

QUADRI Y A

administration as well as the taxation of Islamic banking activities in Nigeria. ... business or financial business that is not contradictory to the principles of Islamic law1. .... Similarly, in order to standardize the practice, the guidelines provide that ... arrangement in Malaysia, whereby the bank will provide capital, the customer.

International legal problem in combating 'Islamic State' terrorist group in Syria

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Stevanović Miroslav

2015-01-01

Full Text Available 'Islamic State of Iraq and Syria' (ISIS has occupied parts of internationally recognized states and exerts further territorial pretensions. ISIS, also, implements a repressive rule, through violations of human rights and humanitarian law, which may constitute international crimes. In facing the threat od ISIS, the perception of international terrorism is important since this group has the features of a territorial entity. So far, facing with the threat of ISIS has been reduced to a model that is adopted by the UN Security Council against the terrorist network Al-Qaida. An international coalition of states, led by the United States, has undertaken air strikes on positions ISIS, on several grounds: the responsibility to protect, the protection of national security, and at the request of Iraq. At the same time, the strikes are applied in Syria, which can not be accountable for the actions of ISIS and has not requested international assistance. International law does not allow actions which would aim to destroy or jeopardize the territorial integrity or political independence of any sovereign and independent state, which is acting in accordance with the principle of equal rights and self-determination of peoples, and is hence governed by a representative government. The UNSC resolution 2249 remains short of recommending international armed action under the aegis of UNSC, but represents a step forward in recognizing the responsibility of this body in facing ISIS, at least as far as the 'destruction of refuge' is concerned. The use of force in the territory of Syria, without the express authorization of the UNSC is illegal, because terrorism does not constitute grounds for the use of force against countries. But, it opens broader issues of responsibility for the development of ISIS and the humanitarian crisis in the Middle East, as well as the functioning of the system of collective security. Overcoming the current crisis UNSC implies not just a

Corporate Social Responsibility dan Zakat Perusahaan dalam Perspektif Hukum Ekonomi Islam

OpenAIRE

Hadi, A. Chairul

2016-01-01

Corporate Social Responsibility and Zakat of Company in the Perspective of Islamic Economic Law. Awareness of social responsibility by companies (corporate social responsibility) is increasing today. Almost every company has a board focusing on social services. In the Islamic banking industry, this social responsibility gets serious attention. The study revealed that besides allocating social funds, Islamic banks allocate funds for zakat of company as an obligation of a legal entity (syakhshi...

PERSPEKTIF HUKUM ISLAM TERHADAP KITAB UNDANG-UNDANG HUKUM (KUH PERDATA PASAL 1467 TENTANG LARANGAN JUAL BELI ANTARA SUAMI ISTRI

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Santoso Santoso

2014-09-01

Full Text Available ISLAMIC   LAW   PERSPECTIVE   TO   THE   CIVIL BOOK OF LAW STATUTE ARTICLE 1467 ABOUT PROHIBITION OF SALE AND PURCHASE BETWEEN HUSBAND AND WIFE. Islamic law is regarded as an important part of  the religion teaching in Muslims’ point of view, and Islamic law is the main expression space of  religious experience and become determination of continuity and historical identity. In tune with the increasing awareness to return to the pure and original religion as well as the appearance of  desire to harmonize contemporary life with the provisions of  sharia, Islamic law in modern era received a lot of  attention from the supporting community itself  or from other communities that make it as an object of  study. The deeper knowledge a person about the essence of  his Muslim law, the greater the value of kindness and also the benefit that will be acquired. Therefore, this article is to answer the perspective of Islamic law on the book of  law statute (KUH Civil Article 1467 on the prohibition of the sale and purchase between husband and wife. The Islamic scholars in his book described the discussions about the sale and purchase law which agreed to be allowed and forbidden, and there is also debatable about the prohibition law. In addition, there is also a transaction that has particular form and situation allowed because there is an exception from general arguments, as well as customs. keywords: Islamic Law, Civil Book Of  Law Statute, Sale And Purchase. Hukum Islam dianggap sebagai bagian penting dari ajaran agama dalam  pandangan  orang  Muslim,  dan  sebagai  demikian  hukum Islam merupakan ruang ekspresi pengalaman agama yang utama dan menjadi diterminan kontinyuitas dan identitas historis. Selaras dengan meningkatnya kesadaran untuk kembali kepada agama yang murni dan orisinal serta muncunnya keinginan untuk menyelaraskan kehidupan   kontemporer   dengan   ketentuan-ketentuan   syariah, hukum Islam di zaman

Investigating the effects of using the balanced scorecard on Islamic banks' performance

OpenAIRE

AlSatrawi, AH

2017-01-01

Background:\\ud Islamic Banking follows the principles and rules of Islamic dealings; it is also governed by Sharia Law and thus adheres to stringent Sharia rules and principles. The operations of such banks are in conjunction with Islamic teachings and therefore it is compulsory that they be in harmony with the Sharia agreements. Over the last three decades, Islamic Banking has experienced global growth\\ud and now covers almost all business areas in the banking industry. On the other hand, co...

Gender Analysis On Islamic Texts: A Study On Its Accuracy

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Muchammad Ichsan

2014-06-01

Full Text Available Gender equality movement is spreading all over the world, including in Indonesia where Muslim gender activists have made hard efforts to ensure gender fairness and equality among people. One of their efforts is emphasizing the urgency of reinterpreting Islamic texts. They insist on the reinterpretation of Islamic texts based on gender perspective and analysis due to the existence of many Islamic texts that trespass the principles of gender equality and fairness they have been fighting for. This paper aims at assuring and examining the accuracy of using gender perspective as a tool for analyzing the Islamic text. It is found that using gender perspective and analysis for reinterpreting Islamic texts is not in line with the Islamic principles and will only produce laws and points of views which deviate from Islamic teachings. To reach the goals of this study, a descriptive-analytical approach is employed.

POLITIK PEMBERLAKUAN SYARI`AT ISLAM DI ACEH DAN KELANTAN (1993-2014

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Khamami Zada

2015-06-01

Full Text Available The application of Islamic rules in Aceh and Kelantan is also related to the political power. There is a significant difference about political treatment on the application of Islamic law in Aceh and Kelantan. In Aceh, the central government (Indonesia thinks that it is needed to apply jinâyah law in Aceh as a strategy to solve conflicts. This political rule has been applied in the republic of Indonesia since the leadership of Habibie, Abdurrahman Wahid, Megawati Soekarno Putri to Susilo Bambang Yudhoyono. The main factor that influences the Indonesian political government rule is the central conflict with the Acehnese in the leadership of Soeharto presidential to the Helsinski Agreement 2005. Some vertical conflicts happened between the central government and the Acehnese were solved by giving special autonomy in applying the Islamic rules. Not only family law and economic law which are given autonomy to be applied in Aceh, but also the autonomy to apply jinâyah Law. In Kelantan, Federal government (Malaysia did not have political wish to apply Jinayah Law in Kelantan since the leadership of Mahathir Muhammad, Abdullah Badawi to Najib Razak. Moreover the federal government made the issue of the application of jinâyah law as the political commodity to get the political sympathy from the people, who are the partner of non Moslem voters in the national ranks and some Moslem voters who are not affiliated with PAS. This political needs factor is kept by the Federal Government to respond the Kelantan’s government wish to apply Islamic rules.Copyright (c 2015 by Al-Ihkam. All right reserved DOI : 10.19105/al-ihkam.v10i1.588 

IMPELEMENTASI PENDIDIKAN SUFISME DALAM PENDIDIKAN ISLAM

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Muis Sad Iman

2016-04-01

Full Text Available Problems of modern society are including the disintegration of science, split personality, misuse of science and technology, silting faith, materialistic relationship patterns, justifying any means, stress and frustration. One way to overcome these problems is to develop a moral life and Sufism. Moral is self ornaments that bring benefit to those who do. He would like God and preferably human beings and other creatures. In it turned out to provide optimal guidance inwardly can integrate the human soul. And Mysticism or Sufism is a dimension of depth and confidentiality (esoteric in Islam as law rooted in the Quran and al-Sunnah. It became the soul of the Islamic message as that of the body's heart hidden away from the outside view. However it remains as most source of life, which regulates the whole religious organism in Islam. Islamic education is a means in the formation of character and Sufism.

Secular Islam and the Rhetoric of Humanity

OpenAIRE

Kharputly, Nadeen Sh B

2017-01-01

“Secular Islam and the Rhetoric of Humanity” examines competing notions of humanity in representations of Islam in the United States from the Civil Rights period to the present. In post-9/11 representations, Islam is rhetorically “humanized” by the dominant culture in attempts to determine Islam’s role in the United States. This humanizing framework not only presumes an inherent lack of humanity in Islam; it establishes the ideal of the human as white, rational, and secular. To critique this ...

Abuse of Islamic Law and Child Marriage in South-Sulawesi Indonesia

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Kasjim Salenda

2016-06-01

[Tulisan ini membahas kasus-kasus pernikahan anak di Sulawesi Selatan, termasuk persepsi masyarakat dan faktor-faktor pendukungnya diantaranya penggunaan dalil agama (Islam untuk membenarkan tindakan tersebut. Masyarakat memahami pernikahan anak sebagaimana tercantum dalam UU Pernikahan No. 1 Tahun 1974 bahwa pernikahan anak terjadi pada usia dibawah 19 tahun bagi laki-laki dan 16 tahun bagi perempuan dan atau mereka yang belum akil balig’. Beberapa factor dominan dalam pernikahan anak antara lain; norma adat lokal (‘siri, kehormatan keluarga dan kerabat, orangtua yang kurang terpelajar, beban ekonomi keluarga dan ketidakkonsisten penegakan peraturan. Pada dasarnya tidak ada ajaran Islam atau fiqih yang secara tegas mendukung pernikahan anak karena tujuan dari pernikahan dalam Islam adalah kebahagiaan dan keharmonisan hubungan antar suami istri. Menggunakan rujukan pernikahan Nabi Muhammad dengan Aisyah saat usia enam tahun merupakan perkara yang tidak bisa dibenarkan.

SHARIA CRIMINAL LAW, ISLAM AND DEMOCRACY IN NIGERIA ...

African Journals Online (AJOL)

Ike Odimegwu

legislatures with the intention of getting them enforced through state machinery. ..... These include injunctions against operating a hotel or a drinking place, the .... statute books, was based on the belief that such a law is exceedingly difficult to ...

Radical Islamism and Failed Developmentalism

OpenAIRE

Rahnema, Saeed

2008-01-01

The rise of radical Islamism in recent years does not limit the applicability of the concept of cultural nationalism. Rather the two are intertwined in ways which this article will attempt to highlight. Islam took specific national forms as modern nation-states arose and the contemporary resurgence of radical Islamism also follows that modern pattern. I examine the emergence of the three most important movements in the Islamic world, namely, the Muslim Brotherhood in Egypt, Jama'at-e Islami i...

Beliefs and accountability in an Islamic bank

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Ahmadasri Alaudin

2015-05-01

Full Text Available An Islamic bank in Malaysia (Malpha positions itself on being Islamic. The products and services are more expensive while employees are paid less than normal commercial banks. What bonds customers and employees to the bank are symbols of Islam: aqad (oral agreement between the bank and a customer, doa’ (supplication, a prayer, the tazkirah (short religious talks at the morning meeting and zakat (or almsgiving. Bank Malpha uses aqad (oral agreement between the bank and a customer and Doa (supplication, a prayer to form the basis of belief systems that influence the relationship with a customer. With regard to intermediaries, reciprocity (a form of trust underpins the relationship between the bank and its intermediaries (housing developers and lawyers for example. This bonding is reinforced by a boundary system: the shariah committee. The shariah committee assesses the shariah (lawful according Islam compliance and also engages with employees regarding shariah issues. This promotes learning through words and dialogue. However there is little documentation on customer recovery. If indeed non-performing loans are a key performance indicator for this Islamic bank, the challenge for this Islamic bank is to identify key processes to manage customer recovery.

The Law and Regulation of Franchising in Malaysia’s Islamic Finance Industry: Problems, Prospects and Policies

OpenAIRE

Umar A. Oseni

2016-01-01

With the increasing expansion of the global Islamic finance industry beyond its traditional strongholds, there is a gradual increase in the global franchising opportunities in Islamic finance. As one of the pioneering studies on franchise in Islamic finance, this paper examines the Malaysian legal framework on franchising within the Islamic finance industry. Over the years, there has been tremendous growth in the franchise industry in Malaysia and the Islamic fin...

ISLAM DAN SOSIAL POLITIK DEKADE 1990 –AN (Sebuah Wacana Politik Islam Pasca Orde Baru

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Ainur Ropik

2015-12-01

Full Text Available Political Islam from the beginning independence of Indonesia, 1950 's ( old order until the mid- 1983 era New Order have a situation that according to Islam is very harmful , because Muslims feel marginalized in addition to the majority of Indonesia's population is Muslim Islamic politics it can not grow because of the emphasis that is made by new order all Islamic political movements and activities are supervised and in the limit . After doing some of the terms in the proposed new order government to Islamist parties at the time that the fusion of Islamic political parties Political Islam at the end of late New Order era began to rise and begin accommodated . With accommodation of political Islam into the governance of the New Order era many beneficial changes to the entry of Political Islam Islamic leaders into the government bureaucracy in both the legislative , judicial and other reforms to transform the era of the New Order era and replace . This paper will try to outline the state of the back of political Islam in the era of the New Order and post-New Order political Islam .

LEGITIMASI HUKUM PEMBERLAKUAN SYARI’AT ISLAM DI ACEH: TINJAUAN YURIDIS, SOSIOLOGIS DAN FILOSOFIS

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M. Jafar

2015-06-01

Full Text Available The glory of Aceh Darussalam Kingdom in the past cannot be separated from the complete application of Islamic Sharia (kāffah as the way of life in Aceh. Reflecting the historical past, the implementation of Sharia in Aceh in the present context is absolutely necessary. However, today's enforcement must refer to the three foundations, namely judicial, sociological, and philosophical. The most fundamental of juridical basis is the Constitution of 1945 (UUD 1945 Chapter XI on Religion and paragraph 2 of Article 29, new amendment of Article 18A paragraph 1 and Article 18B paragraph 1. The implementing of Sharia law in Aceh began with the birth law No. 44/1999 regarding the Implementation Features Special of Aceh Province, then refined by law No. 18/2001 on Special Autonomy for Aceh Province as Nanggroe Aceh Darussalam province. Then it is continued by the Law Number 11/2006 on the Governing of Aceh (UUPA. The sociological ground is majority Muslim of Acehnese can receive all the products based on Islamic Sharia law. The philosophical foundation, Islamic law, should be enforced based on the Qur'an and Hadith recommended preserving religion, life, property, lineage, and resourceful.

MENGGAGAS PENDIDIKAN BERWAWASAN KEWIRAUSAHAAN DI PERGURUAN TINGGI ISLAM: STUDI KASUS FAKULTAS SYARI`AH DAN EKONOMI ISLAM IAIN “SMH” BANTEN 2014-2015

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NUR HIDAYAH

2016-03-01

Full Text Available Abstract. Initiating the Education based on Entrepreneurship in Islamic College: a Study at Syariah and Islamic Economic Faculty IAIN "SMH" Banten 2014-2015. There has been a concern over a high unemployment rate among graduates of Islamic higher education and a low proportion of entrepreneurs in Indonesia. In fact, a high proportion of entrepreneurs is one of indicators of a country’s welfare. This has generated a question: to what extent do Islamic values cultivate entrepreneurial culture among its adherents? How to cultivate entrepreneurial culture in Islamic higher education? This paper will investigate this matter using a case study of Faculty of Islamic Law and Economics at Banten State Institute for Islamic Studies. The paper argues that the curriculum at the faculty of Islamic Law and Economics has not been oriented towards building entrepreneurial culture. The curriculum consists of subjects to enhance the students’ competence and skills to prepare them as bachelors of syari`ah economics for the professions such as manager, lecturer, researcher, syari`ah auditor, etc, instead of preparing them for entrepreneurs who are capable to build his or her own business from the scratch. To propose Islamic entrepreneurship study program at the FSEI of IAIN SMHB, it is important to havea strong political will not only from the internal IAIN but also higher authoritative body such as the Ministry of Religious Affairs to facilitate this from not only the accreditation process but also financial support. A further feasibility study needs to be undertaken to build its infrastructure such as qualified lecturers, appropriate curriculum structure, and recruitment student system. Since this field has a strong link with a ‘real sector’, there has been an urgent need to build cooperations with business sector to enable the students to undertake their apprentice and build their networks to facilitate their ability to develop their own business. �

State aid in the EU law and national law

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Divljak Drago

2011-01-01

Full Text Available Due to emphasized negative implications, state aid in contemporary law is more and more the subject of legal rules of supra-national and international law, and consequently it is more and more frequently the subject of national laws. The systems of state aid are based on the principle of general non-allowedness of state aid, which is relativised with wide exceptions and the form of allowed and conditionally allowed forms of state aid. In the EU law, a complex and differentiated system of legal regime on state aid is created aimed at preventing the Member States to protect or promote their companies at the expense or harm of competition within the EU. Compared to the regulations that refer to subsidies and that are created at the international level, within the WTO, these regulations are much more detailed and they cover a wide spectrum of different forms of state aid. National laws are accepting the EU concept as a novelty, which is valid in particular for countries in the process of the EU integrations. This has been done in our law as well by enacting of the Law on state aid control. This Law regulates general conditions for granting, granting control, and utilization of state assistance, with the essential objective to establish and provide for competitive market conditions and introduction of order in the field that has not been regulated previously. At the same time, this means a successful fulfillment of the obligations related to pre-accession harmonization of this field, which is a necessary pre-condition for accession of our country into this group of countries since the EU standards and requirements have been fully observed with the above-mentioned Law.

Gender Jihad: Muslim Women, Islamic Jurisprudence, and Women's Rights

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Melanie P. Mejia

2007-06-01

Full Text Available Muslim women's rights have been a topic of discussion and debate over the past few decades, and with a good reason. Islamic Law (Shariah is considered by many as patriarchal and particularly oppressive to women, and yet there are also others-Muslim women-who have rigorously defended their religion by claiming that Islam is the guarantor par excellence of women's rights. A big question begs to be answered: is Islam particularly oppressive to women?The Qur'an has addressed women's issues fourteen hundred years ago by creating certain reforms to improve the status of women; however, these reforms do not seem to be practiced in Muslim societies today.1 How is this so? I contend that Islam, as revealed to Muhammad, is not oppressive to women; rather, its interpretation, in so far as it is enacted in the family laws and everyday living, is patriarchal and hence needs to be examined.2 The goal of this work is to discuss what the Qur'an says about certain problems which gravely affect Muslim women, specifically: 1. gender equality 2. polygamy 3. divorce and the concept of nushuz

Vonis Mati Bandar Dan Pengedar Narkoba Antara Putusan Mk Dan Sema (Perspektif Hukum Pidana Islam)

OpenAIRE

Irfan, M Nurul

2014-01-01

: The Dead Penalty for the Drug Dealers in the Constitutional Court and the Sema (an Islamic Criminal Law Perspective). The death sentence set by the Supreme Court for the agents and drug dealers has attracted attention of criminal law experts. Constitutional Court Decision No. 34 / PUU-X /2013 which annuls Article 268 paragraph (3) Criminal Procedure Code-stating that the submission PK (judicial review) can only be done once- has open a chance that the PK can be submitted more than once. Thi...

Sheikh al-Amin Mazrui (1891-1947) and the Dilemma of Islamic Law ...

African Journals Online (AJOL)

Sheikh al-Amin b. Ali al-Mazrui is regarded as the pioneer of reform activities within Sunnī Islam in East Africa. From the 1930s and 1940s, this scholar championed a call for Islamic reform by publicly and through numerous publications denouncing local practices prevalent among the Muslims in the region as religious ...

Posthumous Assisted Reproduction from Islamic Perspective

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Reza Omani Samani

2008-01-01

Full Text Available Rapid development in assisted reproductive techniques along with relieving the pain of childlessnesshas brought new ethical and policy dilemmas. Posthumous assisted reproduction is the mostchallenging, difficult and sensitive issue to be discussed ethically and religiously. In this paper theacceptability of the posthumous reproduction in Islamic contexts is evaluated and major concernslike Consent and ownership of the gametes after death, Family and Marriage vision and Welfareof the child are discussed together with some international legislation. We can conclude that uponIslamic vision to assisted reproductive techniques as treatment of families and relieving the seriousproblem of childlessness, posthumous assisted reproduction is unacceptable even with previouslyfrozen gametes or embryos. Also, Islamic vision to marriage, consent and welfare of the childconfirms the unacceptability. There must be some law or legislation to ban this procedure in Islamiccontexts.

Letter: Can Islamic Jurisprudence Justify Procurement of Transplantable Vital Organs in Brain Death?

Science.gov (United States)

Rady, Mohamed Y

2018-01-01

In their article, "An International Legal Review of the Relationship between Brain Death and Organ Transplantation," in The Journal of Clinical Ethics 29, no. 1, Aramesh, Arima, Gardiner, and Shah reported on diverse international legislative approaches for justifying procurement of transplantable vital organs in brain death. They stated, "In Islamic traditions in particular, the notion of unstable life is a way to justify organ donation from brain-dead patients that we believe has not been fully described previously in the literature." This commentary queries the extent to which this concept is valid in accordance with the primary source of Islamic law, that is, the Quran. Copyright 2018 The Journal of Clinical Ethics. All rights reserved.

Testing for multifractality of Islamic stock markets

Science.gov (United States)

Saâdaoui, Foued

2018-04-01

Studying the power-law scaling of financial time series is a promising area of econophysics, which has often contributed to the understanding of the intricate features of the global markets. In this article, we examine the multifractality of some financial processes and the underlying formation mechanisms in the context of Islamic equity markets. The well-known Multifractal Detrended Fluctuation Analysis (MF-DFA) is used to investigate the self-similar properties of two Dow Jones Islamic Market Indexes (DJIM). The results prove that both indexes exhibit multifractal properties. By discussing the sources of multifractality, we find that they are related to the occurrence of extreme events, long-range dependency of autocorrelations and fat-tailed distribution of returns. These results have several important implications for analysts and decision makers in modeling the dynamics of Islamic markets, thus recommending efficient asset allocation plans to investors dealing with Islamic equity markets.

PENGARUH HUKUM ISLAM DALAM PENGEMBANGAN HUKUM DI INDONESIA

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Abdul Hadi

2015-09-01

Full Text Available Abstract: There is an assumption of some Islamic law experts,which states that Islamic law doesn’t have place to fill thenational law substance. In the circles of societies and universitystudents, thought will be focused on the matter of “match”arguing which one has a higher position. This article willdescribe either the past condition or future view aboutinterrelatedness between Islamic law and national lawdevelopment systematically. This will be interesting if it isviewed from substantive aspect of national law development,which aims at giving justice, certainty, benefit, tranquility, andprosperity for humans’ life.ملخص: ظنّ بعدالعلماء المسلمین ال ذین ھ م مرتبق ون انّ حك م الاسلام یجد المك ان فيالاحكام القومیة. وعند المجتمع والطلبة كان تفكیر وضع لھ اھم ة كب رى لمس ائلالمنازلة ویحث اي مك ان اعلى من مك ان آخر. ستعترض ھ ذه المقال ة اح وال الماضىوالمستقبل عن صلة حكم الااسلام منظم ا. في نسأة حك م الق ومى. ام ا السبب فھوجھ ةالاختواء في نسأة الاحكام القومیة, لانھ یعطى العدال ة والاستفاد والاطمعن ان والسلامةللحیاة فى الاجتماع والوطن وھو یصیر جذابھ و خیر المنافعة.Kata kunci: Hukum Islam

TRANSFORMATION OF MAQÂSHID Al-SYARÎ’AH (An Overview of the Development of Islamic Law in Indonesia

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Absori .

2016-07-01

Full Text Available Abstract:This study is part of an effort to systematize the basic conception of the values of the sharia as the foundation in the life of nation and state life, where the orientation is to embody the essence of the religious life through the maqâshid al-syarî`ah. Islam as al-dîn has been providing the basics of life of Muslims through the al-Qur’an and as-Sunnah. Both of these contain guidance values of human life, including in running the sharia for Muslims. Sharia (syarî`ah in perspective of terminology is "street". In an isthilâhî perspective, it is a way to get to God. The basic meaning of sharia itself should be realized in the basic understanding maqâshid al-syarî`ah, which can be interpreted within the scope of statehood, because the meaning contained are the values of universality of maqâshid al-syarî`ah. In the context of Indonesian, then maqâshid al-syarî`ah is part of the basic conception air Almighty God with the aim of creating prosperity for the people of Indonesia. In this study, the approach used is the doctrinal bases to study literature. This study is the strengthening of the maqâshid al-syarî`ah as the basis for the development of Islamic law.Abstrak:Kajian ini merupakan bagian dari upaya untuk sistematisasi konsep dasar dari nilai-nilai syari’ah sebagai pondasi dalam kehidupan berbangsa dan kehidupan bernegara, dimana orientasi tersebut adalah untuk mewujudkan hakikat kehidupan dalam beragama melalui maqâshid al-syarî`ah. Islam sebagai al-dîn telah memberikan dasar-dasar kehidupan umat Muslim melalui al-Qur’an dan al-Sunnah. Kedua hal tersebut mengandung nilai-nilai tuntunan kehidupan umat manusia termasuk dalam menjalankan syariah bagi umat Muslim. Syari’ah dalam perspektif terminologi merupakan “jalan”. Sedangkan secara isthilâhî, ia dimaknai sebagai jalan untuk sampai kepada Allah SWT. Makna dasar dari syari’ah itu sendiri harus diwujudkan dalam pemahaman dasar maqâshid al-syarî’ah, di

Interrelasi Fundamentalisme dan Orientasi Ideologi Gerakan Islam Kontemporer

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Ahmad Nur Fuad

2014-01-01

Full Text Available This article deals with the interrelation between Islamic fundamentalism and other ideological orientations of contemporary Islamist movements, such as Islamism, revivalism, radicalism, salafism, and political Islam. It tries to explore the similarities in their characteristics as well as their differences in the focuses and strategies of the movements. This articles argues that these Islamist movements express their ideological aspirations in different ways: some try to build an Islamic state or even a universal Islamic caliphate (political Islam, while others emphasize much more on the implementation of shari’ah in the level of individuals and society, apart from state (salafis. However, they did not succeed yet in transforming the political landscape of the Muslim world in accordance with their ideological framework.

Implementing Islamic microfinance in Nigeria: a matter of equity and ...

African Journals Online (AJOL)

Journal of Sustainable Development Law and Policy (The) ... In the country, funding for small-scale businesses is available from both the government and the private sector. ... Keywords: Islamic microfinance; social development, distributive justice; indirect discrimination; constitutional law/human right, capability approach ...

Urgensi Psikologi Islam Dalam Pendidikan Islam

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Mubarak Mubarak

2017-11-01

Full Text Available This paper examines the urgency of Islamic Psychology in Islamic Education. Education and psychology cannot be separated, both have a very close relationship. Education is a long process to actualize all the potential of human self so that the potential of humanity to be actual. In terms of Islamic education is needed is Islamic Psychology, because humans have the potential of noble, namely fitrah and spirit that is not touchable in general psychology (West. Islamic education should have a psychological foundation that is insightful to Islam, in this case with a guide to the Qur'an and Hadith as its source, so that the end of the goal of Islamic education can be realized and create a plenary human (insan kamil. Islamic education psychology devotes attention to the behavior or behavior of those who engage in learning and teaching activities or those directly involved in the learning process. Islamic education psychology has two objects, namely: First, learners, ie individuals (individuals who are learning, including approaches, strategies, influencing factors and achievements achieved. Secondly, teachers (educators, those who are obliged or undertake teaching responsibilities, including methods, models, strategies, and others related to the activity of presenting Islamic education. Islamic education based on Islamic Psychology will produce human beings who have a potential base that is a qualified potential of physical, spiritual, and fitrah or better known as jismiah, nafsiah and ruhaniah.

Islam and Democracy: Conflicts and Congruence

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Md Nazrul Islam

2017-05-01

Full Text Available Is authoritarianism intrinsic to Islam? Is Islam incompatible with democracy? These questions are frequently debated in the context of the study of the relationship between the Western and Islamic civilization. The debate has gained momentum since the last decade of the twentieth century, especially after the collapse of the former Soviet Union and the subsequent transition of socialist states in Eastern Europe and other authoritarian states in Asia and Latin America to democracy. The publication of The Clash of Civilizations by American scholar Samuel Huntington, in which he presented a controversial argument about a cultural divide and clash between the Islamic world and the West, pushed the debate even further. Apart from Muslim intellectuals, Western academics have spent a significant amount of time on these questions, with a multitude of articles and volumes examining the compatibility of Islam and democracy. In this paper, we will examine Islam’s relationship with democracy from normative and philosophical viewpoints, examining how the established values and principles of Islam as reflected in the Qur’anic and prophetic traditions correspond to Western democratic norms and practices. In order to obtain a profound understanding of this subject, we have delved into, through content analysis, the thoughts of several early modernist Islamic scholars who have had tremendous impact on contemporary Islamic revivalist movements throughout the world, and interviewed a number of contemporary Islamic thinkers in Bangladesh.

The Law and Regulation of Franchising in Malaysia’s Islamic Finance Industry: Problems, Prospects and Policies

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Umar A. Oseni

2016-12-01

Full Text Available With the increasing expansion of the global Islamic finance industry beyond its traditional strongholds, there is a gradual increase in the global franchising opportunities in Islamic finance. As one of the pioneering studies on franchise in Islamic finance, this paper examines the Malaysian legal framework on franchising within the Islamic finance industry. Over the years, there has been tremendous growth in the franchise industry in Malaysia and the Islamic financial institutions are not left out in this welcome development. While the franchise industry contributed RM24.6 billion or 2.8% to the Malaysian GDP in 2013, it has been projected that such contribution will reach RM25.4 billion by the end of 2014. The study adopts a qualitative legal method in analyzing the relevant legislations, as they are applicable to Sharī‘ah-compliant business of Islamic financial institutions. The study finds that there is no specific framework for Sharī‘ah-complaint business in Malaysia, including Islamic finance business. Malaysia has vast opportunities in expanding its franchise industry through the amendment of the relevant legal framework to cater for Islamic finance business. This is expected to project Malaysia as a global hub for Islamic finance products and a destination for Sharī‘ah-complaint franchise businesses at the global level.

BENTUK ISLAM FAKTUAL: KARAKTER DAN TIPOLOGI ISLAM INDONESIA

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Irham Yuwanamu

2016-12-01

Full Text Available Artikel ini berupaya menjelaskan terkait dengan Islam faktual sebagai keniscayaan yang terjadi kepada umat Islam. Bahwasanya Islam faktual merupakan bentuk keberagamaan umat muslim di dunia yang dapat dipengaruhi oleh latar sosial dan budaya masyarakat. Islam faktual dapat terjadi perbedaan di antara umat muslim yang satu dengan yang lainnya. Dalam artikel ini Islam faktual yang menjadi kajian adalah Islam Indonesia. Pertanyaan yang ingin dijawab adalah bagaimana karakter dan tipologi Islam Indonesia? Kesimpulan yang ditemukannya, bahwa karakter Islam Indonesia adalah wasatiyah dan tipologinya adalah akomodatif dengan sosio-kultur di masyarakat. Kemudian tipologi yang dikemukakan oleh Clifford Geertz dalam hal ini sudah tidak relevan lagi, khususnya untuk menggambarkan Islam Jawa sebagai contoh Islam Indonesia. Selanjutnya era kontemporer ini Islam Indonesia sebagian kecil mengalami pergeseran orientasi ke arah Islam transnasional, yakni Islam yang bermanhaj salafi. Artikel ini merupakan sebuah kajian literatur yang menggunakan bahan-bahan hasil penelitian terkait dengan tema yang menjadi objek kajian.    This article efforts to explain the associated with Islam factual as a necessity that happened to the Muslims. That Islam factual is a form of religious Muslims in the world who could be affected by the social and cultural background. Islam factual can occur differences between Muslims with each other. In this article the Islam factual  become to be studied is Islam Indonesian. Questions to be answered is how the characters and the typology of Indonesian Islam? The conclusion that the discovery, that the character of Islam Indonesian is wasatiyah and typology is accommodating to the socio-culture in society. Then typology proposed by Clifford Geertz in this case was no longer relevant, particularly to describe Islam Java as an example. Furthermore, this contemporary era Islam Indonesian in part experienced a shift in orientation toward

Fitting Islamic Financial Contracts in Developing Agricultural Land

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Muhammad Hakimi Mohd Shafiai

2015-06-01

Full Text Available The Islamic finance industry is one of the fastest growing industries in the world. However, many potential Muslim customers, particularly in rural areas, have unfulfilled banking needs and lack access to financing. Meanwhile, entrepreneurial projects in the agricultural sector are presumed to optimize economic growth. In addition, some scholars have expounded that the financial problems faced by the agricultural sector are caused by the risks of debt financing and lack of access to the capital market. In Islamic law, almuzara’ah and al-musaqah can be considered as forms of partnership contract in farming. Therefore, using descriptive analysis, this paper attempts to portray how Islamic financial principles are closely related to the agricultural sector in developing Islamic agricultural finance. This study found that the application of the modes of Islamic financing in the agricultural sector through financial institutions could be very effective in providing financing to ensure that the partnership progresses effectively and efficiently. As a result, there is an urgent need to develop a sound agricultural financial system based on Islamic contracts in order to increase and sustain the income of farmers and landowners and to reduce poverty.

Human rights, democracy and rule of law: Different organisations, different conceptions?

NARCIS (Netherlands)

Timmer, A.S.H.; Sosa, L.P.A.; Häusler, Katharina

2016-01-01

This report presents an exploration of different conceptualisations of human rights, democracy and the rule of law within international organisations. The report focuses on the United Nations, the African Union, the League of Arab States and the Organisation of Islamic Cooperation. The eventual aim

Reexamining the Prohibition of Gestational Surrogacy in Sunni Islam.

Science.gov (United States)

Muaygil, Ruaim A

2017-08-01

Advances in reproductive medicine have provided new, and much needed, hope for millions of people struggling with infertility. Gestational surrogacy is one such development that has been gaining popularity with infertile couples, especially those unable to benefit from other reproductive procedures such as In Vitro Fertilization. For many Muslim couples, however, surrogacy remains a nonviable option. Islamic scholars have deemed the procedure incompatible with Islam and have prohibited its use. This paper examines the arguments presented for proscribing surrogacy arrangements in Sunni Islam in particular. These include preservation of lineage, exclusion of third parties in reproduction, upholding the rights of the child, and protection from the negative effects of surrogacy arrangements. The rationales for banning surrogacy are subsequently refuted utilizing Islamic law "Sharia", bioethics, and medical evidence. The paper also presents reasons for why surrogacy is not only consistent with Sunni Islamic teachings, but is also both ethically justified and medically necessary. Lastly, Islamic scholars are urged to take into account the arguments presented in this paper and reconsider their rulings on the permissibility of surrogacy. © 2016 John Wiley & Sons Ltd.

A review on mathematical methods of conventional and Islamic derivatives

Science.gov (United States)

Hisham, Azie Farhani Badrol; Jaffar, Maheran Mohd

2014-12-01

Despite the impressive growth of risk management tools in financial institutions, Islamic finance remains miles away behind the conventional institutions. Islamic finance products need to comply with the syariah law and prohibitions, therefore they can use fewer of the available risk management tools compared to conventional. Derivatives have proven to be the effective hedging technique and instrument that broadly being used in the conventional institutions to manage their risks. However, derivatives are not generally accepted as the legitimate products in Islamic finance and they remain controversial issues among the Islamic scholars. This paper reviews the evolution of derivatives such as forwards, futures and options and then explores the mathematical models that being used to solve derivatives such as random walk model, asset pricing model that follows Brownian motion and Black-Scholes model. Other than that, this paper also critically discuss the perspective of derivatives from Islamic point of view. In conclusion, this paper delivers the traditional Islamic products such as salam, urbun and istijrar that can be used to create building blocks of Islamic derivatives.

Penerapankonsep Taysîrdalam Sistem Ekonomi Islam

OpenAIRE

Iswandi, Andi

2014-01-01

Application of Taysîrin The Islamic Economic System. Studies about the taysîrconcept are still minimal but taysîrhas a significant function in addressing issues of Islamic law, particularly in the field of mu'âmalah. In the field of mu'âmalah, the taysîrconcept is not only needed, moreover it is a ‘cure' in necessity to heal the morbidity of heretical behaviour in business and economics. Taysîrhas also become the answer for groups of people who are contradictory when addressing the Shari'a la...

Islamic factor in contemporary Russia

OpenAIRE

N. M. Shalenna

2014-01-01

Russian Federation, a Eurasian multinational state, has a significant number of indigenous Muslim population (about 10%) that continues to increase not only due to natural growth and conversion of non-Muslims to Islam, but also as a result of intensive immigration from the Central Asian countries and Azerbaijan. Islamic factor significantly predetermined policy of Russia during its historical development. The importance of Islam in contemporary political life has been underlined by many gover...

State laws on tobacco control--United States, 1998.

Science.gov (United States)

Fishman, J A; Allison, H; Knowles, S B; Fishburn, B A; Woollery, T A; Marx, W T; Shelton, D M; Husten, C G; Eriksen, M P

1999-06-25

State laws addressing tobacco use, the leading preventable cause of death in the United States, are summarized. Laws address smoke-free indoor air, minors' access to tobacco products, advertising of tobacco products, and excise taxes on tobacco products. Legislation effective through December 31, 1998. CDC identified laws addressing tobacco control by using an on-line legal research database. CDC's findings were verified with the National Cancer Institute's State Cancer Legislative Database. Since a previous surveillance summary on state tobacco-control laws published in November 1995 (covering legislation effective through June 30, 1995), several states have enacted new restrictions or strengthened existing legislation that addresses smoke-free indoor air, minors' access to tobacco, tobacco advertising, and tobacco taxes. Five states strengthened their smoke-free indoor air legislation. All states and Washington, D.C., continued to prohibit the sale and distribution of tobacco products to minors; however, 21 states expanded minors' access laws by designating enforcement authorities, adding license suspension or revocation for sale to minors, or requiring signage. Since the 1995 report, eight additional states (a total of 19 states and Washington, D.C.) now ban vending machines from areas accessible to minors. Thirteen states restrict advertising of tobacco products, an increase of four states since the 1995 report. Although the number of states that tax cigarettes and smokeless tobacco did not change, 13 states increased excise taxes on cigarettes, and five states increased excise taxes on smokeless tobacco products. The average state excise tax on cigarettes is 38.9 cents per pack, an increase of 7.4 cents compared with the average tax in the 1995 report. State laws addressing tobacco control vary in relation to restrictiveness, enforcement and penalties, preemptions, and exceptions. The data summarizing state tobacco-control laws are available through CDC

Islam Pribumi Versus Islam Otentik (Dialektika Islam Universal Dengan Partikularitas Budaya Lokal)

OpenAIRE

Susanto, Edi

2012-01-01

Tulisan ini berusaha menyajikan lanskap dialektika Islam dengan dimensi lokalitas budaya. Secara dikhotomik, kemudian dimunculkan konsep Islam Pribumi dan Islam otentik dengan segala karakteristik dan implikasinya. Islam pribumi dengan karakteristik ramah lingkungan dan memainkan “politik garam” yang tidak tampak namun menyatu-bersenyawa dengan budaya yang dihinggapinya dan Islam otentik dengan karakteristik “khas Arab” dan memainkan “politik bendera” yang sangat menonjolkan superioritas-he...

Process of Internationalization in Islamic Banking: The Case of Serbia

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Aida Hanić

2017-12-01

Full Text Available Islamic banks are financial institutions operating in accordance with religious Islamic law (Sharia. Although it is familiar as non interest banking, because the interest is forbidden, Islamic banking represents a complete set of moral and ethical activities that must be taken into account when making investment decisions and financing business activities. Share of Islamic banking in Islamic finance is around 80% with the value of approximately $ 1.57 trillion by the end of 2015 (IFSI Stability Report 2016. Islamic banking in Western Balkan is present only in Bosnia and Herzegovina (B&H that has one Islamic bank, Bosna Bank International (BBI established in 2000. Serbia, as a country that has attracted many Arab investors, doesn’t have any Islamic bank operating in the country. The aim of this research is to explore is there a public interest in Islamic banking, especially among the commercial banks in Serbia and are there possibilities for development of Islamic banking in this country. To explore these two main questions, author conducted a research by using a questionnaire among the chairmen and members of the administrative Board of 12 commercial banks in Serbia. The result of the research show that commercial banks in Serbia are not interested in this type of a banking activity. On the other hand they are also not sufficiently familiar with the concept of Islamic banking. The research showed that process of internationalization of Islamic banking is not present in Serbia.

Perilaku Jual Beli Di Kalangan Pedagang Kaki Lima Dalam Perspektif Etika Bisnis Islam

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Darmawati Darmawati

2012-12-01

Full Text Available Islamic business ethics teach people to have a good behavior and to avoid the bad ones. It is based on Islamic values. Islam has a role about the weights of goods. It has been written in Al-Qur’an and hadits. Islam suggests people do business in a right way; because Islam deals with productivity in trade. In trade, both the producers and the consumers will have benefits from the trade. A good purchace and sale activity involve an honesty; in the right or wrong way. In Islamic business law, the concept of muamalah is mubah, unless it is done based on Al-Qur’an and Sunnah, without coercion, benefits-based consideration, avoiding bad effects, and fair

Architecture of mosques and Islamic centers in Non-Muslim context

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Engy Farrag

2017-12-01

Full Text Available Islam is the fastest growing religion in the world. The Muslim population increases as Islam spreads around the world, which leads to an increasing demand for Islamic buildings such as mosques and Islamic centres. Mosques play an important role in Islam and Muslim life. In several countries, in particular, the Western mosques are seen as a newcomer whose building type is both unique and foreign to local people who are unaccustomed to the visual expression of Islam in the West.The mosque is one of the most visual expressions of global Muslim religious identity in non-Muslim context. The significant numbers of countries have a lot of different architecture styles of their Islamic buildings. Each mosque has its own individual touch. The most important factors behind this variation in form and styles can be divided into nature impacts as (local materials and environment, followed by man-made impacts by (Muslim immigrants, colonialism, funding, and laws, culture, and traditions.The study aims to examine each factor and their influences on the architecture of mosques and Islamic centers in non-Muslim context through analysis and a comparison of a number of examples. Keywords: Mosques, Islamic centers, Colonialism, Immigrants

Usaha La Sangkuru Patau Dalam Mengembangkan Agama Islam Di Kerajaan Wajo

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Nasruddin Nasruddin

2014-12-01

Full Text Available La Sangkuru Patau is one of the Arung Matoa Wajo has substantial powers. His remarks could be a law and society Wajo stick to what he says. So when La Sangkuru Patau said that he had converted to Islam, the community participated Wajo also embraced Islam. Arung Matoa Wajo La Sangkuru with doing business in developing Islam in Wajo that bring Datu Sulaiman to provide Islamic religious instruction in public Wajo, then set up a sara officers' special charge of handling issues such royal Friday prayers, warnings Islamic holidays , then hold the officer cadre sara 'that will be placed outside the capital of the kingdom (Tosora, sara officers' given the facilities, such as free of taxes, as well as the parallel position to the position of indigenous stakeholders.

Communication Breakdown: Unraveling the Islamic States Media Efforts

Science.gov (United States)

2016-10-01

Communication Breakdown: Unraveling the Islamic State’s Media Efforts Daniel Milton Communication Breakdown: Unraveling the Islamic State’s Media ...production arm of central media office).28 The high level of communication between the central media office and the satellite offices illustrates the tension...and discussed by the mass media . Those products are likely important to the group’s recruitment efforts, but clearly it is trying to portray itself

The Correlation Of Islamic Civilization In Sciences With Western World ( Eastern Impact Through Sciences On Western World

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Mohamed Mohamed Tolba Said

2018-01-01

Full Text Available The nature of scientific verification of knowledge distinguishes it from mystical knowledge in empirical sciences. Islam is a religion and a civilization, historically connecting various stages of human history for more than fourteen centuries. The Islamic ethics and law “Sharia’h” are coherent legal system to protect private property within a comprehensive and rational system. Capitalism and the industrial revolution of western world dramatically transformed resulting in a socio-economic schism consequently emerged as a domineer for existence and affected the Islamic world. The secular and rationalized legal framework needed capitalism, which is incompatible with the nature of Islamic law. The western science in this civilization is also separated from morality and noble values because it has adopted materialistic philosophies and ideologies, such as Pragmatism, Darwinism, Existentialism and any other philosophy that is against the Islamic religion.

Striking at their Core: De-funding the Islamic State of Iraq and Syria

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Alessio Shostak

2017-02-01

Full Text Available The fundraising efforts of the Islamic State of Iraq and Syria (ISIS have impressed academics, journalists, and government officials alike. The literature has thus far explored the methods via which ISIS acquire funds and transfer their proceeds across international borders. This article aims to expand upon these entries by analysing the failures of EU and US policy to counter terrorist financing since the 9/11 attacks, particularly with regards to the inability of both entities to adjust to digital transfer methods. The value of military operations will also be discussed within the context of halting the Islamic State’s fundraising capabilities.

Islamic Worldview: Landasan Membangun Islamic Management Model

OpenAIRE

Juliandi, Azuar; Muhyarsyah

2017-01-01

The purpose of this research to explore the principles of the Islamic worldview from various sources of Islamic knowledge. The principles useful for developing a further model of Islamic management. The exploratory research is an approach of this research. The majority of the data collected from various Islamic knowledge resources, among others the Qur'an, Hadith, Islamic scholars' thought and the results of research of Islamic scholars around the world. The meta-synthesis used to analyze th...

Russia and Islam: state policy on formation of tolerance of Muslims in Western Siberia (1773–1917

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Yulia A. Bortnikova

2016-03-01

Full Text Available Counteraction to Islamic extremism is the major problem in the modern world. The government of the Russian Empire solved this problem through purposeful education of confessional tolerance of Muslims in 1773–1917. Authors compare understanding of tolerance in Russia and in Western Siberia in 1773-1917, emphasizing that in the Tyumen region society understood this term the same as now. On the basis of earlier unknown archival documents of the Central historical archive of the Republic of Bashkortostan authors consider a state policy on formation of a certain option of Islam which provides religious tolerance in Russia. In article the main attention is paid to Western Siberia as exactly there the confessional state policy made the greatest success. The main directions of a state policy were: to unify Muslim culture according to orthodox samples; to keep the Siberian option of Islam; to create obstacles for distribution of standard Islam; to develop the state measures which would show respect for Muslims and care of them. Authors consider ways of deformation of Muslim culture in Western Siberia: change of architectural forms of mosques and necropolises, deformation of cult objects (existence of a religious sculpture, selection of literature in Muslim libraries, the facilitated conditions for examinations on the mullah's rank, appointment to positions of muftis without spiritual education in the Orenburg Mohammedan spiritual meeting, creation of obstacles for commission of a hajj to Mecca for mullahs.

State cigarette minimum price laws - United States, 2009.

Science.gov (United States)

2010-04-09

Cigarette price increases reduce the demand for cigarettes and thereby reduce smoking prevalence, cigarette consumption, and youth initiation of smoking. Excise tax increases are the most effective government intervention to increase the price of cigarettes, but cigarette manufacturers use trade discounts, coupons, and other promotions to counteract the effects of these tax increases and appeal to price-sensitive smokers. State cigarette minimum price laws, initiated by states in the 1940s and 1950s to protect tobacco retailers from predatory business practices, typically require a minimum percentage markup to be added to the wholesale and/or retail price. If a statute prohibits trade discounts from the minimum price calculation, these laws have the potential to counteract discounting by cigarette manufacturers. To assess the status of cigarette minimum price laws in the United States, CDC surveyed state statutes and identified those states with minimum price laws in effect as of December 31, 2009. This report summarizes the results of that survey, which determined that 25 states had minimum price laws for cigarettes (median wholesale markup: 4.00%; median retail markup: 8.00%), and seven of those states also expressly prohibited the use of trade discounts in the minimum retail price calculation. Minimum price laws can help prevent trade discounting from eroding the positive effects of state excise tax increases and higher cigarette prices on public health.

Syariah Courts in Malaysia and the Development of Islamic Jurisprudence: The Study of Istihsan

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Mohd Hafiz Jamaludin

2014-06-01

Full Text Available Malaysia is among the countries, which have very close relations with Shafi'i madhhab in term of Islamic Law. This can be seen from the provisions of Syariah Law in Malaysia where the opinion of the Shafi'i madhhab is preferred than other madhhabs. However, the current situations and issues cause that the other opinions from the other madhhabs are also used and practiced in order to provide the best solutions. This is also true in respect on the use of sources of Islamic law, such as Istihsan, Istislah and Qawl Sahabi, which are rejected by the Shafi'i madhhab. Therefore, this study attempts to analyze the development of Islamic law, particularly in the application of the concept of Istihsan in the Syariah Courts in Malaysia. This study has examined a number of cases reported in the Jurnal Hukum issued by the Syariah Judiciary Department of Malaysia (JKSM. The result of this study found that in several cases, the judges have applied indirectly the concept of Istihsan in their judgment. It is also found that it is actually the provisions of the law that allows the Shariah judges to indirectly apply this concept.

Implementasi Ruhul Islam terhadap Pembentukan Karakter Mahasiswa di Perguruan Tinggi Berbasis Islam dan Teknologi Informasi

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Mochamad Malik Akbar Rohandi

2017-11-01

Full Text Available Ruhul Islam is the core spirit of Islam that is the identity or characteristic of an individual or Islamic institution that has a mental attitude. It always guided by morals, according to the guidance of Islamic teachings so that can create a brotherhood of fellow Muslims in bringing people to a better state. The objective of this research is to know the comparison of Ruhul Islam application level to the embedded character in college student based on Islam and technology. Explanatory research method used primary data of field observation and questionnaire and secondary data, sample using Slovin formula and purposive sampling method with error rate of 10%, interconnection between variables using path analysis. Characteristics of respondents majority of women, active age 18-21 year students, high school graduates and the origin of UNISBA students 67% of Bandung while Telkom 82% outside Bandung. Implementation of Islamic values ​​with character formation in Islamic universities has a stronger relationship than information technology-based colleges with a R2 level of 37% versus 32.8%, more than 60% character formation can be influenced by other factors or variables.

Social work and the house of Islam: orienting practitioners to the beliefs and values of Muslims in the United States.

Science.gov (United States)

Hodge, David R

2005-04-01

Despite the media attention focused on the Islamic community after the terrorist attacks on the World Trade Center on September 11, 2001, Muslims remain one of the most misunderstood populations in the United States. Few articles have appeared in the social work literature orienting practitioners to the Islamic community, and much of the mainstream media coverage misrepresents the population. This article reviews the basic beliefs, practices, and values that commonly characterize, or inform, the House of Islam in the United States. The organizations that embody and sustain the Muslim communities that constitute the House of Islam are profiled, and areas of possible value conflicts are examined. The article concludes by offering suggestions for integrating the article's themes into practice settings. Particular attention is given to enhancing cultural competence and to suggestions for spiritual assessment and interventions.

FEMINISME ISLAM: KONTEKSTUALISASI PRINSIP-PRINSIP AJARAN ISLAM DALAM RELASI GENDER

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Andri Rosadi

2011-01-01

Full Text Available Gender issues come into being in Muslim world as a result of their interactions with modern western civilization through either colonialism or other ways. In addition to this external factor which can be regarded as triggering factor by which Muslim women’s awareness of their duties and rights started to emerge and develop, domination of men-biased interpretation of Islamic teachings also played an essential role in triggering the discours on gender issues. One of the responses to this issue is what so called Islamic feminism in Muslim world is a reaction to unjust but prevailing understanding and practice of Islamic teachings with regard to gender relation in favour of men. There are various issues related to this topic, but this article only contains the discussion on several Quranic verses regarding gender relation stating at the end that any interpretations of these verses is subject to change due to its profane nature. The principle is one: the core of Quranic spirit is equality. Finally, since the social fact of inequality of Muslim womens is very much influenced and shaped by men-biased interpretations, so Islamic Feminism is in fact more related to patriarchal value rather than divine one Keywords : Feminisme Islam, Kontekstualisasi prinsip ajaran Islam dan Relasi GenderCopyright © 2011 by Kafa`ah All right reservedDOI : 10.15548/jk.v1i1.33

KORUPSI DI INDONESIA DALAM PERSPEKTIF HUKUM PIDANA ISLAM

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Fazzan Fazzan

2015-02-01

Full Text Available Corruption is a crucial problem in Indonesia that could not be resolved yet. Corruption takes place nearly in all aspect of life and makes Indonesia become a foremost country in corruption. In fact, the majority of Indonesians are Muslim. This study aims to define the perspective and the concept of corruption according to Islamic law in Indonesia. This study used descriptive-analytic method and normative approach. The result of this study shows that corruption in Indonesia is process of feather one’s nest and others by violating the laws and justice principal (al-‘adalah, accountability (al-amanah and position’s responsibility. If corruption in Indonesia reviewed to jinayat perspective law, thus it will be the same as ghulul (treachery, al-ghasy (fraud, risywah (bribe, al-hirabah (seizure, and al-ghasab (using other’s own non-permit. Corruption is including to criminal act based on Islamic law and nas (script, because of the deed is deviating nas- nas (scripts, such as khiyanah/ghulul, al-ghasy (fraud, risywah (bribe, al-hirabah (seizure, al-ghasab (using other’s own non-permit and the last but not least, the doer can be punished.

Arti dan Makna Kebenaran Ilmiah dalam Telaah Hukum Islam

OpenAIRE

Gazali HB, Ahmad

2013-01-01

This writing is the description about the scientific truth of the Islamic Law, or in the Islamic science treasury is called Fiqh. Through the scientific process, we can find out lots theories of truths, for instant the correspondent, coherent, pragmatic, syntactic, semantic, non descriptive and over logic truth. Toward those theories of truth, there are three approach methodologies that we can apply to get them. The first methodology is the religious approach, the second one is the scientific...

Eklektisisme dalam Taqnîn Hukum Keluarga di Dunia Islam

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Abdul Ghofur

2015-01-01

Full Text Available The Qur’ân was revealed with justice and equality for human beings regardless of their sex, race, social class and ethnicity, as cardinal principles and intrinsic values in Islamic sharî‘a. If this is the case, modern Muslim society with Islamic law is necessarily of equality and justice. However, their family laws which are grounded on assumptions of past centuries and have little bearing on contemporary realities have not reflected gender relations. Inequality that occurs within the context of Muslim family laws is one of the subtle but most pervasive areas of discrimination against women. It has resulted in a different set of dynamics that help create new demands in favor of change of laws. This study explores the reform strategy through legal mobilization in the Muslim family laws around the world. The findings of the study reveal that the substantive and pluralistic legal mobilization is important to Muslims, and the reinterpretation and renewal of laws have been mobilizing debates among both proponents and opponents, framed by orientations to the modernists who advocate reinterpretation of the original sources and the traditionalists who insist on literal adherence to the received doctrinal corpus.

Political Islam and Religious Violence in Post-New Order Indonesia

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Abdil Mughis Mudhoffir

2016-01-01

Full Text Available This paper tries to understand why religious violence increasingly occurs in post-New Order Indonesia. There are two dominant views in understanding this. First, the security approach that perceives the violence as a result of the emergent of “radical” agent of political Islam in the more open political space. In this regard, the state is considered weak because the iron hand as used by the authoritarian regime in the past New Orderhas disappeared. Thus, the strong security instruments are needed as a solution, such as the law on anti-terrorism and the police force of anti-terrorism (Densus 88. Second, the cultural approach views violence as caused by the inability of society to build the religious tolerance. Society is considered weak. Religious expression in the political arena is believedas the source of the emergent of intolerant acts. To conquer this, intensive inter-religious dialogues are required. The author argues that those two approaches are not adequate. The historical fact shows that the emergence of political Islam today is the result of the oscillated relationship between Islam and the authoritarian state during the New Order period. In addition, the Indonesian historical experience also clearly illustrates that the presence of political Islam is nothing but a form of response to the critical social-politicaleconomic situation. Political Islam does not appear in a vacuum, but it emerges from the crisis where another populist response from the left is absent.Tulisan ini berupaya memahami mengapa kekerasan agama meningkat di Indonesia pasca Orde Baru. Selama ini, ada dua pandangan dominan dalam memahami persoalan di atas. Pertama, pendekatan keamanan yang memandang kekerasan agama sebagai hasil dari munculnya agen Islam politik yang radikal dalam arena politik yang semakin terbuka. Dalam konteks ini, negara dianggap lemah karena kehilangan tangan besinya seperti yang sebelumnya digunakan oleh rezim otoriter

SISTEM HUKUM BARAT, SISTEM HUKUM ADAT, DAN SISTEM HUKUM ISLAM, MENUJU SEBAGAI SISTEM HUKUM NASIONAL SEBUAH IDE YANG HARMONI

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H Mustaghfirin

2011-03-01

Full Text Available West Legal System follow the philosophy of legal positivism values conflict with the noble values of the Indonesian nation, so there Gab between the law and people of Indonesia are regulated, System of Customary Law in the values of certain indigenous communities whose territory reached 350 indigenous territories, and can only be believed by public socialized habits, and can not be validated as a national law, and Islam as the Legal System is based on the attributes of God as "Asmaul Husna" and diamalkan believed by the majority of individuals nationwide Indonesian society and tolerance of permanent values believed by minority groups in Indonesia, therefore the system of Islamic law that allows a system of national law in accordance with the personality of the Indonesian nation and not betentangan with the values of Pancasila.   Keywords   :  Western Legal System, system of customary law, islamic legal system, the national legal system, perspective of legal philosophy, harmony.

ACTS OF TERRORISM AS A TACTIC OF THE ISLAMIC STATE AND IMPLICATIONS FOR RUSSIAN FOREIGN POLICY

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Aleksandr Nikolaevich Xaribin

2016-02-01

Full Text Available In the article the analysis of the Islamic state: emergence, current status, reasons for success, control methods and prospects. The last terrorist attacks: Russian aircraft over the Sinai and the terrorist attack in Paris. A comparative analysis and reasons for election purposes by terrorists to attack, the consequences for Egypt, Europe, the middle East and Russia. At the end of the article gives practical recommendations for Russian foreign policy and the forecast of development of events in this region, it is hypothesized that the further growth of the Islamic state and the inability to move it to the borders of Russia

SINERGI RAJA ALIM DAN THINK TANK-NYA: KERATON DAN PEMBENTUKAN TRADISI KEILMUAN ISLAM NUSANTARA

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Dawam Multazami

2016-12-01

Full Text Available Abstrak:In general, theories about the arrival of Islam in this country came in the 7th century BC, by various methods and strategies of endeavors. The preacher came and tried to blend with the occupants by using native language and their customs, and then mate with the natives. Finally, they made small community to maintain friendship with the potentate. Palace or castle has an important role as part of forming the Islamic nation tradition. The close Relationship between parsons and potentate drawn in the role of co-operation through educational institutions outside the palace and in palace, the parsons are instructed to write scientific papers and served as state law, palace policies lifting parsons in strategic positions as mufti or qodhi, palace become a place to discuss intellectual matters and so forth. The relationship between palace and the forming of Islamic nation tradition depicted into some areas in this country such: the scientific tradition of Islam in Aceh Darussalam. Its began from meunasah (madrasah in which students learned the Arabic alphabet, read al-Qur'an, prayer procedures, morality, monotheism study, fiqh study, tasawwuf study, the Islamic roles in building a mosque then used as a place of higher education. Collective leadership between sultan and Wali Songo in Demak Bintoro, Sultan Banjar attend to Islamic development through education build by Shaikh Arshad, and the establishment of Shari'ah court Keywords: Raja Alim, Kesultanan Aceh, Musawaratan Wali dan Daeng Ta Kaliya.

Korupsi Dalam Perspektif Hukum Islam dan Strategi Pemberantasannya

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Malthuf Siroj

2017-01-01

Full Text Available Corruption is an extraordinary crime because of its  negative impact on the aspects  of community life. People who have been infected by this deadly virus would die slowly but surely. This crime has a tremendous potential to cause misery, destitution and suffering of many people, especially the lower class people who do not have access to the power and economy; those who would have their rights only if they were given by the state. Corruption is a modern term whose synonym could not be found in the Islamic legal literature. However, by recognizing the elements contained, the term in Islamic criminal law is closely related to theft (sariqah, bribery (risywah, embezzlement of property (ghulul and robbery (hirabah with different legal sanctions. Corruption occurs because of many factors such as materialistic-consumerism lifestyle, costly political system, weak leadership, lack of religious and ethical education, social and legal systems that support corrupt behaviors. To eradicate corruption, repressive ways  can be done through the penal system as well as preventive efforts through non penal system.

Pandangan Ulama tentang Kepemimpinan dalam Negara Islam

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Arsyad Sobby Kesuma

2014-01-01

Full Text Available The idea of Islamic state and leadership has long been a subject of debate. But it remains intriguing to ask once and again what does Islamic state mean and what is its real and true nature? What does leadership mean and does Islam really need politics? This paper is designed mainly to answer these important questions. It will trace the ideal form of politics in Islam by investigating the formulas promulgated by the ulama over centuries. Two notions will be the focus of this investigation. First is the notion of how a leader should be elected, and second is the problem of what are the conditions of the leader. These two interrelated problems are at the centre of the idea of leadership in Islam. We argue that by understanding them one would necessarily be able to grasp the “Islamic” formula of statehood and politics.

The causes of Islamic fundamentalist violent movements in postcolonial Nigeria

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A Kumsa

2016-12-01

Full Text Available Nigeria is one of the first African states to be confronted with the violent Islamist fundamentalist group popularly known as Boko Haram. It declared war on the Nigerian secular state in 2009, and implements a program, if successful, to transform the country into an Islamic theocratic state led by sharia (Islamic law, in the country where only half of the population are Muslims. The article starts with clarification of the structure of the Nigerian society from the linguistic perspective, and from the point of view of political cultures of different societies, which were colonized and came under one British colonial rule to 1960. This study analyses the history of Islamist fundamental movements starting from the late 1970s, and focuses on the latest such group - Boko Haram. The authors examine the social, economical, and political causes of the brutal violent conflict in the northeastern Nigeria, which was the heartland of the pre-colonial Kanem Bornu state and the center of Kanuri national culture. Finally, the authors identify social and political causes of the developmental chain of Salafist movements, particularly from 2009 when Boko Haram declared war against the Nigerian state in order to transform it into an Islamic caliphate; thus, there was a catastrophic human rights violation by the Nigerian Army in the name of fighting the Boko Haram terrorists. The authors do not suggest any decisions and do not provide any final conclusions - they admit the uncertainty of the current situation in Nigeria and call for the further research of internal politics tendencies under the new government led by President Buhari, who can either continue to solve the problems of the country by aggressive military means as two previous presidents of Nigeria, or, on the contrary, can prefer peaceful and conciliatory measures.

AIDS in contemporary Islamic ethical literature.

Science.gov (United States)

Francesca, Ersilia

2002-01-01

AIDS has been mentioned in Islamic ethical literature since about 1985 as an illness pertaining to European and American homosexuals. Only since about 1990 has the presence of HIV/AIDS in Islamic countries cast light on the fact that the actual sexual behaviour of the population does not always conform to religious norms. The increase in the numbers of people with HIV has compelled religious leaders to take a stand on sexual practices they consider "deviant", from prostitution to homosexuality and extramarital sex. The aim of this paper is to analyse the attitude of Muslim religious authorities towards individual sexual behaviour and AIDS. It is based mainly on contemporary legal responses that largely provide the necessary information on most of Islamic medical ethics. According to Muslim scholars, AIDS is a warning from God not to indulge in illicit conduct. As a remedy against the spread of AIDS, they encourage compliance with traditional family values and the enhancement of faith and devotion and strongly oppose sex education. They oppose promotion of condoms or any form of safe sex outside of marriage, which they perceive as promoting promiscuity and defiance of divine law. All the above-mentioned arguments are not exhaustive of the Islamic attitude towards AIDS. Some religious groups disagree with such a conservative way of conceiving the fight against AIDS as being antithetical to both men's and women's well-being. They support an alternative view of reproductive health and human rights within the Islamic framework and stress the great tolerance of Islam and why it must include people with HIV and AIDS.

The response of Islamic jurisprudence to ectopic pregnancies, frozen embryo implantation and euthanasia.

Science.gov (United States)

Ghanem, I

1987-07-01

The opinions of the Jurisconsult of Egypt on Islamic law regarding test tube fertilization, embryo transfer and abortion are explained. Test tube babies, if not derived from the husband's sperm, are by definition, "zina" or the result of illicit sexual intercourse. This type of quasi-adultery is punishable by mere disgracing, rather than lapidation, or stoning to death. Such children cannot inherit even from the mother. Possibly, a female child may marry the husband, to be legitimized in terms of inheritance. Under Islamic law, embryo transfer is illegal insofar as it involves artificial insemination of the donor by the husband; temporary maternity by the donor is a jural concept that has no place in Islamic family law. The egg of the donor, not the surrogate mother, places the issue in the thorny area of multiple suckling. There have been no pronouncements by Islamic legal experts on euthanasia or pregnancy by in vitro fertilization of orphaned embryos. Abortion law "ijhad" in Kuwait was amended in 1982 to permit abortion where either grievous bodily harm to the mother is imminent or it is proved that the baby will suffer incurable brain damage or severe mental retardation. The decision must be approved unanimously by 3 Muslim consultant physicians presided over by an obstetrician or gynecologist, parental consent is required, and the hospital must have an obstetric-gynecological wing. There is precedent in Islamic law for saving the life of the mother where there is a clear choice of allowing either the fetus or the mother to survive. Similarly in case of miscarriage or attempted miscarriage, damages for a fetus or stillborn are less than those paid for a live birth. Penalties for therapeutic abortion, for example after exposure to German measles, have been viewed as less serious before 120 days of gestation, when the Prophet indicated that the embryo is given a soul. These ethical interpretations are worth considering for Western jurists as a source of ideas.

HUKUM ISLAM DAN BUDAYA LOKAL DI MASYARAKAT MUSLIM PATTANI THAILAND (Integrasi, Konflik dan Dinamikanya

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ali sodiqin

2016-05-01

Full Text Available The presence of Thai people in Pattani through annexation or conquest, from the Kingdom of Siam to Thailand have changed the socio-cultural Muslim community. Thai Buddhist nation perform a lot of cultural assimilation of Malay Muslim Pattani. The assimilation pursued through politics, education, culture, and law. Political stripes do with the ideology developed, namely "nation, king, religion" that subjecting all citizens into one nationalism. Education path is done through standardized education policy, namely the obligation to teach the language and history of Thai and Buddhist teachings. Cultural path had taken through migration north to south and the formation of "peaceful village". The last path is the law through legal intervention in the form of restrictions on the entry into force of Islamic law and the jurisdiction of Dato 'Yuthithams, the elimination of Islamic justice as consolidated by the civilian justice and law enforcement Thai civilians in Pattani. This assimilation project met with resistance from Pattani Muslim community, as it is considered as an attempt to deculturate Malay Muslim culture that identifies them. The aim of this resistance is to get autonomy in Pattani province to the desire to become an independent state. Abstrak Kehadiran bangsa Thai di Pattani melalui aneksasi atau penaklukan, mulai dari Kerajaan Siam hingga berganti menjadi Thailand, mengubah sosio-kultur masyarakat Muslim. Bangsa Thai yang beragama Budha banyak melakukan assimilasi terhadap kebudayaan Muslim Melayu Pattani. Assimilasi tersebut ditempuh melalui jalur politik, pendidikan, budaya, dan hukum. Jalur politik dilakukan dengan mengembangkan ideologi “nation, king, religion” yang menundukkan semua warga negara ke dalam satu nasionalisme. Jalur pendidikan dilakukan melalui kebijakan standarisasi pendidikan, yaitu kewajiban mengajarkan bahasa dan sejarah Thai serta ajaran Budha. Jalur budaya ditempuh melalui program migrasi penduduk utara ke

KĀFIR PRIDE: AN EXAMINATION OF THE RECENT APPARENT RISE IN AUSTRALIAN ANTI-ISLAMIC ACTIVITY AND THE CHALLENGES IT PRESENTS FOR NATIONAL SECURITY

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Douglas Fry

2016-03-01

Full Text Available Multiple high-profile instances of anti-Islamic activity in Australia throughout 2015 – for example, the Reclaim Australia rallies in April and July, and the establishment of an anti-Islamic federal political party – is in keeping with increased Islamophobia observed in other western nations. While a key driving force behind this phenomenon is the September 11, 2001 terrorist attacks in the United States, ongoing jihadi violence – particularly atrocities committed by or on behalf of Islamic State –has served to reinforce anti-Islamic sentiment. Although objections to Islam are ostensibly cultural and religious, the prejudiced nature of Islamophobia essentially operates as racism. Emergent discourses about Islamic culture – for example, fears of Sharia law being imposed on western society – have positioned Muslims as an “enemy” who endanger western cultural values, and even present an existential threat. Accordingly, the risk of violence from anti-Islamic elements is not insignificant. To that end, this paper examines the range of security issues arising from Australian Islamophobic activity in two parts. First, it provides historical and cultural context for contemporary Islamophobia, noting the parallels and overlap with similar movements in the West. The primary themes promoted by anti-Islamic groups, and the manner by which they interact with audiences, are also analysed, noting the heavy emphasis on online communication, and how this translates to offline activities. Second, it will examine the types of potential or actual security risks that anti-Islamic activity presents to Australian authorities, describing a spectrum of increasing intensity that incorporates communication, physical violence, radicalisation and terrorism.

EUTHANASIA DALAM PERSPEKTIF HUKUM ISLAM

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Arifin Rada

2013-05-01

Full Text Available Euthanasia is an attempt to end someone life when he/she has an uncurable illness, euthanasia will be done in order to release his/her from suffering his/her illness. In Indonesia, euthanasia can not be done and it is classified as an illegal act. Both in the positive law and the ethics code regulate that performing an euthanasia is not allowed. Regarded to the perspective of Islamic law, also regulated that an active euthanasia is an act that is forbidden and punishable by God with a punishment of hell for those who did.

20 CFR 617.16 - Applicable State law.

Science.gov (United States)

2010-04-01

... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Applicable State law. 617.16 Section 617.16... law. (a) What law governs. The applicable State law for any individual, for all of the purposes of this part 617, is the State law of the State— (1) In which the individual is entitled to UI (whether or...

Measuring Islamic Business Ethics Within Indonesia Islamic Banks

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Gusti Ngurah Oka Widana

2014-12-01

Full Text Available The business characteristic of Islamic banks is the implementation of Islamic business ethics. Parallel with the trend of increasing preference to ethical institution, Islamic banks should put this as its competitive edge toward its competitor conventional competitor banks. However, only few previous studies discussed about the implementation of Islamic business ethics within Islamic banks and none suggested how to measure such implementation. This paper is a study of the literature on ethics and Islamic business ethics as the first step in developing a measurement tool of Islamic business ethics implementation within Islamic banks. This paper synthesizes the dimensions of Islamic business ethics that is excavated from the Quran and Sunna, being proposed by previous studies. There are seven dimensions, namely unity of God, benevolence, justice and equity, sincere, equilibrium, trusteeship and responsibility. Subsequently, this paper outlines these dimensions into 21 items. The opportunity of future empirical study is recommended at the end of this paper.

Good Governance According to Islamic Perspective

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Mohamad Ismail Bin Mohamad Yunus

2018-02-01

Full Text Available Abstract The objectives of the professional agencies must embody provisions that promote good governance and embrace values of integrity and accountability and seek support from the public and the government of the day to provide an independent view on all matters. The universal truth is that everything should be done in the public good. Professionals form the backbone of human infrastructure in any economy, politics, social and legal growth. Their contributions through professional performance enhance the good delivery system that facilitates policies making and management for public sector. They provide the skills and talent in balancing the pursuits of maximization of services. The expression “good governance” has been constantly used lately in both public sector as well as private sector in Malaysia. In the context of a private body, it should be within the framework of the statute, which governs the body and also its constitution. In the public sector, it means that the administrators should act professionally and not to abuse or misuse the power or authority given to them. They are regarded as the trustees of the public at large. The scope of this article is on good public governance in the public sector or to be exact, good governmental administration as interpreted by the judiciary especially through its judicial review power and Islamic Perspective based on the principles of Maqasid As Shariah (Objectives of Islamic Law.   Keywords: Good Governance, Public Sector, Malaysian Law, Islamic Perspective, Maqasid As-Shariah.

ISLAM JAWA IN DIASPORA AND QUESTIONS ON LOCALITY

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Maftukhin Maftukhin

2016-12-01

Full Text Available This article examines the translocal Islam Jawa (Javanese Islam that characterises the deterritorialisation of culture through space and time. Contrary to mainstream approaches to Islam Jawa that tends substantially picture Islam and Muslim in Java as a mere “localised form of Islam”, it sees Islam Jawa as a “translocal” practices. In addition, it sees that the idea of Islam Jawa travels, deterritorialises, and reterritorialises in different times and places. Therefore, what is imagined by scholars as “local Islam” is not local in traditional and geographical senses because Islam Jawa is formed, shaped and influenced by the mobility, entanglement, connectivity across oceans, regions, and borders. The Islam Jawa also travels to a different place, transcending the modern limits of nation-states' boundaries. Islam Jawa is a product and a consequence of the efforts to establish between “imagined” spatial and temporal congruence.

42 CFR 422.378 - Relationship to State law.

Science.gov (United States)

2010-10-01

... 42 Public Health 3 2010-10-01 2010-10-01 false Relationship to State law. 422.378 Section 422.378... Relationship to State law. (a) Preemption of State law. Any provisions of State law that relate to the... licensed under State law; (ii) Generally apply to other MA organizations and plans in the State; and (iii...

LEGAL RELATIONSHIP BETWEEN ILLEGITIMATE CHILDREN AND THEIR BIOLOGICAL FATHER: The Analysis of Constitutional Court Decree No. 46/PUU-VIII/2010 in the Perspective of Civil and Islamic Law

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Marilang Marilang

2016-12-01

Full Text Available In Indonesia, children born out of wedlock only have legal relationship or family lineage relationship with their mother and mother’s family, not with their biological father and biological father’s family. This provisions of law are arranged in Article 43 paragraph (1 of Marriage Law No. 1 of 1974 which is highly influenced by Shafi’ite School of Islamic jurisprudence. Through judicial review of Aisyah (Machica Mochtar and her son named M. Iqbal Ramadhan, Constitutional Court has agreed to waive the provisions by means of the Decree Number 46/PUU-VIII/2010 with legal consideration that the concerned article contravenes the Constitution, then it creates new legal norm which states those children have legal relationship and family lineage with their mother and mother’s family and also the man who is their father. The Decree sparks controversies concerning the term ‘children born out of wedlock’ and ‘legal relationship’ in the decree. Contrary to many law experts, the article argues that the term ‘children born out of wedlock’ simply means children born from zina (adultery or fornication. Thus, ‘legal relationship’ only refer to limited relationship between both parties.

Law, Democracy & Development - Vol 12, No 1 (2008)

African Journals Online (AJOL)

Islamic Canon law encounters South African financing and banking institutions: Prospects and possibilities for Islamic economic empowerment and Black Economic Empowerment in a Democratic South Africa · EMAIL FREE FULL TEXT EMAIL FREE FULL TEXT DOWNLOAD FULL TEXT DOWNLOAD FULL TEXT.

BETWEEN SOCIAL HUMANISM AND SOCIAL MOBILIZATION: The Dual Role of Madrasah in the Landscape of Indonesian Islamic Education

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Sunhaji Sunhaji

2017-07-01

Full Text Available This article analyzes the dual as well as overlapping role of madrasah in the history of Indonesian Islamic education. It argues that madrasah has long been playing the double roles at once; on the one hand it has served as the enlightening process of Indonesian Islam by giving a sense of moderation. It also has paved the way for the accommodation of non-religious subjects within its existing religious ones. In this sense, madrasah has played its social humanism. Madrasah, however, has been an effective means of power struggle as well as social mobilization among Muslims into the center of socio-political spheres. As Indonesian Muslims have long been marginalized by non-Islamic schooling system, madrasah has helped them struggle from their marginality through the emancipation and participation programs launched by madrasah. Muslims have been incessantly fought for their equality in terms of madrasah’s legal status and demanded more equal treatment from the state. In effect, the enactment of the Law No. 2/1989 marks a radical shift in the direction of Islamic education in Indonesia which is celebrated by the community of madrasah as a new era for their autonomy and equal status before the state.

Prenatal diagnosis in Islamic countries: A narrative review in 2013

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Mehrnoush Kosaryan

2014-02-01

Full Text Available To review the current situation regarding prenatal diagnosis in Islamic countries, a descriptive study (narrative review has been done based on the available data in formal international and national published documents in 2013. The sources were papers, websites and electronic books. Time limitation of searches has started 20 years ago. The main languages were English and Persian. Forty seven nations were officially referred as Islamic since more than 50% of the citizens are Muslims. The holy Qur'an and Islamic traditions (Shari'aht are the core of the civil laws, however, the legal grounds for prenatal diagnosis differ in Islamic countries. The main ground is the endangerment of a mother's life, however, severe suffering of parents (Osr va Haraj is also considered in the Islamic Republic of Iran. Some other important issues such as pregnancies as a result of rape should be discussed more in some Islamic countries. Many “hard to treat diseases” such as chromosomal disorders, major hemoglobinopathies, inborn error of metabolism, Duchene muscular dystrophy, spinal muscular dystrophy are being diagnosed early in embryonic period that medical abortion is advisable. Prenatal diagnosis is an acceptable practice in both religious and secular governments in the so-called Islamic countries

Pengaruh Orientalis terhadap Liberalisasi Pemikiran Islam

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Abbas Mansur Tammam

2016-03-01

Full Text Available The liberalization of Islamic thought, which is considered and proclaimed as “renewal of Islamic thought,” did not come from the core concepts of Islam, it came from the outside of Islamic concepts (read: Western. Initially, the Western-Christian liberalism is an extension of the sophism, with ever implicated in Greece. Among the important figures is Heraclitus, Democritos and Protagoras. Although they received fierce opposition from Socrates, Plato and Aristotle, but liberalism got a new fresh air in the heyday of the Roman. This sophism trend, later gave birth to the relativism of truth, which is also the spirit of liberalism itself. Worse, liberalism was brought to Islam, the emergence of which can be traced to the Arabian Peninsula, Albania, and Syria. While in Egypt, Sultan Abdul Hamid II gave a note that a few Egyptian stunned with Western ideas, taking liberalism as a way of salvation. By using justifications of Qur’anic verses and hadiths, interpreted unilaterally, the liberalist thought was a tajdid to Islamic thought. The spirit (power of liberalism is in the distribution process of using old methods, that is the tradition of orientalism, misionarism, and imperialism. The basis of liberalist support can be traced to some of the states concerned with it, such as the United States, Britain and France. Finally, this simple article will briefly try to uncover how this all happened.

‘Arab Spring’: The Influence of the Muslim Brotherhood and Their Vision of Islamic Finance and State (abstract

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Zidane Meriboute

2013-02-01

Full Text Available This chapter analyses the Muslim Brotherhood movement (Ikhwan al-muslimin in its various guises. Born in the interwar period, this global, proselytising Islamic movement underwent a veritable resurgence, even a resurrection, in Muslim countries from the 1980s onwards. Founded in 1928 by the Egyptian Hassan al-Banna (1906–1949, the recent ‘Arab Spring’ phenomenon has given it fresh momentum. Significantly, the Muslim Brotherhood movement has taken the reins of Egypt, the most populous state in the Arab world. Wherever this movement gains a foothold, it creates its own labour unions, associations of students, doctors and workers, Islamic banking institutions, and so forth. More specifically, the chapter examines the nature of the Islamic state and the key characteristics of the politico-religious doctrine of the Muslim Brotherhood and its various offshoot Islamist parties, both in the Maghreb and elsewhere. The author sheds light on the Muslim Brotherhood’s economic, social and financial vision through an examination of the various techniques they employ with respect to Islamic finance. While the Muslim financial model is driven by considerations of social justice (‘adala ijtima’iya and the rejection of usury (riba, it is nevertheless argued that its emphasis on profit maximisation renders this model’s vision essentially capitalist. The chapter thus calls for a refocusing and adaptation of the approach of Islamic banks in order to make their financing accessible for small projects undertaken by the disenfranchised.

IMPLEMENTASI MAQĀṢID AL-SHARĪ'AH DALAM HUKUM EKONOMI ISLAM

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Syufa'at

2013-10-01

Full Text Available The objective revelation of Islamic law is to create public interest (maṣlaḥat, both individually and collectively. The public interest that mentioned in Islamic law is the true goodness, not the pseudo benefit which influenced human desires. The Public interest here includes physical and spiritual. The public interest that intended by Islamic law is the goodness in this life and in the hereafter, not solely in the world live. maslahah in the Shariah perspective is based on five principles called al-mabādi'al-khamsah or al-uṣūl alkhamsah namely: keeping religion (hifẓ al-dīn, keeping the soul (hifẓ al-nafs, keeping mind (hifẓ al-‘aql, keeping property (hifẓ al-māl, and keeping descent (hifẓ al-nasl. Maqāṣid al-sharī’ah implementation of some economic problems is to answer the reality of modern society to face the challenges of basic needs such as clothing, food, shelter, health, education, employment, sanitation, energy, transport and information. Crucial needs of modern man is the spiritual and ethical, because modern society only measure the welfare just from the outer side only, that is to meet the needs according to the principle of utility and pragmatism

Determining the Real Causes of Financial Crisis in Islamic Economic Perspective: ANP Approach

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. Ascarya

2016-04-01

Full Text Available Objective – The purpose of this study is to determine the real causes of financial crisis from Islamic economic perspective.Methods - This study applies Analytic Network Process (ANP to determine the real causes of financial crisis from Islamic economic perspective to be able to formulate the real solutions to end financial crisis.Results - The ANP results show that the real causes of financial crisis from Islamic economic perspective are Social Instability (EXTERNAL FACTOR, Speculation (MISBEHAVIOR, Ineffective Fiscal System (UNSUSTAINABLE FISCAL SYSTEM, Hedonism (MISBEHAVIOR, Fractional Reserve Banking System (UNSTABLE MONETARY SYSTEM, Political Instability (EXTERNAL FACTOR, Corruption (POOR GOVERNANCE, Interest Rate (UNSTABLE MONETARY SYSTEM, Fiat Money (UNSTABLE MONETARY SYSTEM, and the Wrong Man in the Wrong Place (POOR GOVERNANCE. These main real causes should be removed gradually in order to systematically and gradually improve the stability of financial system so that financial crisis will not reappear again and again in the future.Conclusions - Financial crisis would not happen under Islamic economic system if all Allah’s laws in financial dealings were followed. Financial crisis in conventional economic system could be prevented or lessened by gradually adopting Islamic economic and finance laws and regulations, partly or fully, especially the main pillars of Islamic financial system, namely the prohibition of ribā (usury or interest, prohibition of maysir (gambling and game of chance or speculation and prohibition of gharar (excessive uncertainty, in their many forms.

Transitions in state public health law: comparative analysis of state public health law reform following the Turning Point Model State Public Health Act.

Science.gov (United States)

Meier, Benjamin Mason; Hodge, James G; Gebbie, Kristine M

2009-03-01

Given the public health importance of law modernization, we undertook a comparative analysis of policy efforts in 4 states (Alaska, South Carolina, Wisconsin, and Nebraska) that have considered public health law reform based on the Turning Point Model State Public Health Act. Through national legislative tracking and state case studies, we investigated how the Turning Point Act's model legal language has been considered for incorporation into state law and analyzed key facilitating and inhibiting factors for public health law reform. Our findings provide the practice community with a research base to facilitate further law reform and inform future scholarship on the role of law as a determinant of the public's health.

Relevansi Sistem Khilafah Hizbut Tahrir Indonesia (HTI Dengan Sistem Negara Islam Modern

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Muhammadin Muhammadin

2016-12-01

negara Islam modern sehingga sangat rasional untuk diperjuangkan dan didukung oleh seluruh umat Islam.  Dalam melakukan aktivitasnya Hizbut Tahrir hanya membatasi aktivitasnya dalam dua aspek yaitu dakwah intelektual (fikriyah dan dakwah politis (siyasiyah serta tidak menggunakan kekuatan fisik (laa madiyah. Semua pemikiran dan aktivitasnya senantiasa muncul dan berlandaskan pada aqidah Islamiyah. Hizb ut-Tahrir is an independent Islamic political organization. His organization has its peculiarities such as; berasaskan Shari'ah, ideas and political action is not practical politics but political-ideological, conceptual, rationalists and non-violence. Hizb ut-Tahrir political conceived as al-ri'ayah al-syuuni al-umma; responsibility for the control of the interest and benefit of the people. Therefore, thinking and activity strengthened at political level in terms of carrying the affairs of the people. In the context of the establishment of Khilafat movement Hizb ut-Tahrir Indonesia by two. First, the ideas of the Islamic system of government must take the form of caliphate means not a republic, dictator, empire, monarchy, federal and democratic system; the pillars of the Islamic government must be established on the basis of sovereignty in the hands of Personality ', power belongs to the people, lifting the caliph is obligatory and only Khalifah has the right to adopt the laws Personality'; structure of the Khilafah state institutions there should be Caliph, Muawin at Tafwidh, Mu'awin at tanfidh, Wali, Amir al Jihad, al-Qadi, Mashalih Daulah, and the Assembly of the People; the draft constitution and Islamic system has advantages in the fields of politics, economics, education, and criminal association. Second, the strategy of the Hizb in efforts to uphold the Caliphate in the form of intensive training through halqah-halqah; general guidance through common study groups in mosques, buildings and public places, through the mass media, books and leaflets and publishing a

12 CFR 213.9 - Relation to state laws.

Science.gov (United States)

2010-01-01

... interpretative responsibilities for the state consumer leasing law, may apply to the Board for a preemption determination. (b) Exemptions—(1) Application. A state may apply to the Board for an exemption from the... LEASING (REGULATION M) § 213.9 Relation to state laws. (a) Inconsistent state law. A state law that is...

DINAMIKA ISLAM KULTURAL: Studi atas Dialektika Islam dan Budaya Lokal Madura

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Paisun Paisun

2010-08-01

Full Text Available Throughout the history, it is well-known that the ingress and the progress of Islam in Indonesia, especially in Java and Madura, were held almost without any tension and conflict. Even in the societies with some former belief systems such as Animism and Buddhism, Islam was easily accepted as a religion that brings peace within its teachings. During periods, Islam and local cultures perform a dialectical relationship and give rise to local variances of Islam, such as Javanese Islam, Madurese Islam, Sasak Islam, Sundanese Islam, etc. Those variances of Islam are the result of an acculturation process between Islam with the local cultures. In other word, this process is also called as “inculturation”. These local variances of Islam, further termed as the “cultural Islam” in this paper, have become a characteristics of Indonesian Islamic societies phenomenon which are different from Middle-East’s Islamic society and European Islamic society. This paper discusses about the Madurese Islam, one of these cultural Islam’s variances. Dialectical process between Islam and the local culture of Madura in turn generates a unique Madurese Islam, which is distinctive and esoteric. In its further developments, Islam and Madurese tradition are seen as unity and inseparatable, though people can still distinguish one another. This study seeks to uncover and expose the Islamic cultural dynamics that exist and grow in Madura: how big is the change that occurred, in which part, and what factors underlie these changes. This study provides benefit in enriching our scientific study about Indonesian cultural heritage, especially about the dialectical relationship between Islam and Madurese local culture.

The Fusion of International and Domestic Law in a Globalised World

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Karolina Aksamitowska

2017-08-01

Full Text Available Keywords: death penalty; capital cases; discrimination litigation; standard of proof; fair trial and equality protection; postconflict justice and transition; Islamic law; Shari’a; international humanitarian law; international human rights law; extremism, political violence, Islamism; freedom of expression; terrorism, extremism, counter-terrorism, counter-extremism; Article 19 International Covenant on Civil and Political Rights; Abuse of rights; Directive 2004/38; Court of Justice of the European Union; Marshall Islands Cases; ICJ; Electronic waste; sustainable development; WTO, GATT, TBT Agreement

KAMPUNG SENI ISLAM DI MAKASSAR DENGAN PENDEKATAN ARSITEKTUR ISLAM GEOMETRI

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Yaumil Maghfirah Asaf

2015-06-01

Full Text Available Abstrak— Makassar sebagai pusat pertumbuhan dan perkembangan di wilayah Timur Indonesia dengan penduduk yang mayoritas agama Islam, membutuhkan wadah yang dapat dijadikan tempat penyaluran bakat seninya khususnya seni Islam, yang bertujuan untuk membangkitkan girah (semangat umat Islam untuk mengembangkan seni yang bernafaskan Islam, melestarikannya, memperkenalkan, dan mendidik masyarakat dengan seni. Kampung Seni Islam di Makassar yang dapat mewadahi kebutuhan seniman untuk menyalurkan dan mengembangkan kreativitasnya. Kemampuan seperti itulah yang diharapkan dapat menghasilkan sumber daya manusia yang berkualitas dan memiliki intergritas dalam karya yang dihasilkan. Sehingga dapat diakui oleh lokal maupun internasional. Pendekatan yang digunakan pada bangunan Kampung Seni Islam adalah Arsitektur Islam Geometri. Geometri adalah salah satu cabang Matematika yang mempelajari tentang titik, garis, bidang dan benda-benda ruang beserta sifat-sifatnya, ukuran-ukurannya, dan hubungannya antara yang satu dengan yang lain. Arsiterktur Islam lebih menggunakan pola-pola berbentuk garis, lingkaran dan pola geometri lainnya yang tersusun membentuk satu-kesatuan yang mengandung makna spiritualis dan memiliki nilai estetika atau keindahan tingkat tinggi. kesenian Islam tampak adanya hubungan geometri yang kompleks, antara bentuk, ornamen, dan fasad. Kata Kunci : Kampung Seni Islam, Arsitektur Islam Geometri Abstract—Makassar as a center of growth and development in Eastern Indonesia with the majority religion of Islam, need a container that can be used as a distribution of artistic talent, especially Islamic art, which aims to raise Girah (spirit Muslims to develop art that Islam breath, preserve, introduced and educate the public with art. Islamic Art in Kampung Makassar that can accommodate the needs of artists to distribute and develop their creativity. Ability like that are expected to produce qualified human resources and have the integrity in the

Pro-Kontra Hukuman Mati (Presepsi Tokoh Agama Islam dan Praktisi Hukum di Kota Palembang

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Qodariyah Barkah

2016-03-01

Full Text Available Penelitian ini merupakan hasil penelitian yang membahas tentang pro-kontra hukuman mati, dengan memfokuskan kajian kepada presepsi tokoh agama agama Islam dan praktisi hukum di kota Palembang. Penelitian ini menyimpulkan bahwa Hukuman mati dalam persfektif hukum pidana di Indoneia adalah tertuang dalam Kitab Undang-undang Hukum Pidana (KUHP dan perundang-undangan lainnya yang memuat tentang hukuman mati, antara lain didalam Pasal 10 dan Pasal 11 KUHP. Hukuman pidana mati penerapannya di Indonesia menurut perspektif Tokoh Agama Islam dan praktisi hukum di kota Palembang masih terjadi pro dan kontra. Baik dikalangan praktisi hukum sendiri terjadi pro dan kontra, apakah hukuman pidana mati masih diperlukan penerapannya begitu juga dengan kalangan Tokoh Agama Islam. This article discusses the pros and cons of the death penalty, with a focus on the study of the perception of Islam and religious leaders, legal practitioners in the city of Palembang. This study concluded that the death penalty in criminal law perspective at Indoneia is contained in the Code of Criminal Law (Penal Code and other legislation that contains about the death penalty, among others in Article 10 and Article 11 of the Criminal Code. Penalty death penalty application in Indonesia from the perspective of Islamic religious leaders and legal practitioners in the city of Palembang is still going on pros and cons. Both among legal practitioners itself there are pros and cons, whether the punishment of the death penalty is still necessary application as well as the Islamic Religious Leaders.

A judicial review of political questions under Islamic law

OpenAIRE

Abdulfatai O. Sambo; Hunud Abia Kadouf

2014-01-01

The contemporary Arab world has witnessed uprisings and turmoil as a result of alleged power-overreaching by political elites. Consequently, people call for democracy with emphasis on constitutionalism, accountability and protection of human rights. Yet, the voice of the judiciary seems not to be heard in championing these values in many Muslim nations despite the clear roles Islam places on the judiciary regarding political matters. This paper therefore analyses the power of judicial review ...

Sejarah Perkembangan Pemikiran Ushuifiqh (Analisis Legislasi Hukum Islam Dalam Lintas Sejarah

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Irkham Afifianto

2016-01-01

Full Text Available Idea of Islamic study reechoing lickety split in Islam world prove, that Islam as a experience of diaspora which do not be barricaded. Reconditional movement of idea with various its pattern a undoubtedly history. Therefore movement idea of Islamic study will always follow history motion that happened that moment. So, that Islam is blessing religion of lil’alamin accomplishment to all life manual fiht poorness, and realize prosperity in all human life aspect and also lift unemployment. In the fild of Islam economics property of orders representing fringes in transaction with model which have been determined and enabled, like merchant, message, pawn, transfer of, association, federation of trade association and farmer. In accomplishment to problem of sosial-keagamaan above, hence from that we need solution in around method or peripheral in searching solution problems of life that happened around us. In this case according to economizing writer that is us shall have knowledge science of ushul sources and fih intake of law or which is frequent to be known as al-Syari Mashadir’ or al-Ahkam ushul or of Adillat al-Ahkam, as peripheral which we require in accomplishment of our life intention

Islamic Corporate Social Responsibility (i-CSR Framework from the Perspective of Maqasid al- Syariah and Maslahah

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Faizah Darus

2013-06-01

Full Text Available The rationale behind the establishment of Islamic organisations globally is based on the precept that Islamic organisations’ practices are conducted in accordance with the strict values and principles of Syariah. In line with this premise, the Corporate Social Responsibility (CSR policies and practices of Islamic organisations should be underpinned by Islamic laws and principles as revealed in the Qur’an and the Sunnah. Drawing on the doctrine of Maqasid alSyariah and the concept of Maslahah, this study proposes an Islamic CSR (i-CSR conceptual framework that will align the CSR policies and practices of Islamic organisations with the principles and values of Islam. The two conceptions are integrated with the CSR dimensions resulting in the prioritization of CSR practices based on Syariah principles. This study provides a structured approach to CSR policies and practices for Islamic organisations to ensure full compliance with Islamic principles.  Such a conceptual framework would be of interest to Islamic organisations worldwide and regulatory authorities in countries that are hosts to Islamic organisations to improve CSR policies, practices and disclosure on the part of Islamic organisations.

Architecture in the Islamic Civilization: Muslim Building or Islamic Architecture

OpenAIRE

Yassin, Ayat Ali; Utaberta, Dr. Nangkula

2012-01-01

The main problem of the theory in the arena of islamic architecture is affected by some of its Westernthoughts, and stereotyping the islamic architecture according to Western thoughts; this leads to the breakdownof the foundations in the islamic architecture. It is a myth that islamic architecture is subjected to theinfluence from foreign architectures. This paper will highlight the dialectical concept of islamic architecture ormuslim buildings and the areas of recognition in islamic architec...

Comparatıve analysıs of key performance ındıcators of Islamıc ındex

OpenAIRE

SARILI, Selin; ÇAKMUR YILDIRTAN, Z. Dina

2016-01-01

Islamic index in general is the stock exchange index that includes stocks traded in the national and international market, the companies operating in accordance with Islamic law. First in 1990, it was introduced in the US Wall Street Stock Exchange. Islamic indices have a great importance to be able to measure the stock performance of companies operating in accordance with Islamic principles. In this study Standard and Poor’s, Dow Jones, Morgan Stanley, and the Financial Times...

PROBLEM AND PERSPECTIVE OF ISLAMIC MONETARY POLICY IN INDONESIA

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Marsuki Marsuki

2017-03-01

Full Text Available This article would try to explicate several theoretical and practical concepts on the problems and prospectsof Islamic monetary policy in Indonesia using a critical analysis approach, in accordance with standardscientific references, and would be complemented with descriptions and examples of practice. From theseillustrations and analyses, it appeared that on one hand, Islamic monetary policy would find many difficultiesif implemented fully, considering that there were several fundamental obstacles that would have to besurmounted by such an implementation, primarily the fact that Indonesian Constitution (UUD 1945 was notbased on Islamic law or syariah. On the other hand, despite problems and challenges, the existing conditionwas still open for the possibility for partial implementation of Islamic monetary policy. It was because therewere several conditions which were amenable for an implementation, for instance the facts that majority ofIndonesian population was Muslim, the increasing acceptance of the public for the advantages of Islamicmonetary and financial system, and increasing support by stakeholders of the banking system, especiallythe Indonesian central bank (BI. Moreover, there were facts about financial institutions and existingsyariah banking institutions.

The Islamic psycho-social approach to alcoholism.

Science.gov (United States)

Abul Azayem, G M

1979-01-01

Alcoholism in Islamic countries has such a low incidence that it is not yet considered a serious public health problem of the Moslem states. The reason is that the precepts of Islam succeeded in reducing alcoholic dependence, and offer a unique example in prohibiting this social evil.

Islamic electronic trading platform on organized exchange

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Ahmet Suayb Gundogdu

2016-12-01

Full Text Available Today Islamic finance industry is under severe criticism, particularly, concerning liquidity management practices of treasury departments. Since cash lending is not possible under Islamic Shari'ah, Islamic banks tend to use securitized asset related schemes which are by no means neither acceptable under Islamic finance jurisprudence nor compliant with Maqasiq Al-Shari'ah. Maqasid Al-Shariah oversees economic activities which produce wealth and prosperity for all members of society to empower any member with certain level of belongings to bestow freedom while condemning inequality. Under this wider aim of Maqasid Al-Shari'ah, this paper presents alternative state-of-art Shari'ah compliant products, which is used in international trade finance, to be migrated to electronic trading platform under organized exchange in pursuit of replacing controversial liquidity management products. Besides, this paper introduces Islamic Commodity Future Contract, derived from asset backed Murabaha, with physical delivery as an alternative liquidity management tool for Islamic FIs and hedging tool for companies.

28 CFR 104.42 - Applicable state law.

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Applicable state law. 104.42 Section 104... OF 2001 Amount of Compensation for Eligible Claimants. § 104.42 Applicable state law. The phrase “to the extent recovery for such loss is allowed under applicable state law,” as used in the statute's...

Islam and Science

Science.gov (United States)

Salam, Abdus

The following sections are included: * The Holy Quran and Science * Modem Science, A Greco- Islamic Legacy * The Decline of Sciences in Islam * The Limitations of Science * Faith and Science * The Present Picture of Sciences in the Islamic Countries * Renaissance of Sciences in Islam * Steps Needed for Building up Sciences in the Islamic Countries * Science Education * Science Foundations in Islam * Technology in Our Countries * Concluding Remarks * REFERENCES

Islamic Social Reporting in Islamic Banking: Stakeholders Theory Perspective

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Meutia Inten

2017-01-01

Full Text Available This research aims to compare the level of Corporate Social Responsibility disclosure on Islamic banking in Indonesia and Malaysia. Using data from annual report in seven public Islamic banks in Indonesia and seven public Islamic banks in Malaysia, this research find that the level ISR of Islamic banking in Indonesia are better than the level ISR of Islamic banking in Malaysia. There were significant differences between the two groups were observed with respect to the all theme of reporting.

Islam dan Sekularisasi Politik di Indonesia

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Mohamad Latief

2017-05-01

Full Text Available Throughout Indonesia’s independence history, discourse on secularization of politics arises constantly and draws a widespread appeal from many researchers. Conceptual issues pertaining to separation between Islam and state (secularism and how it is realized, have been able to make the secularization of politics one of the most dynamic objects of research and directly reach the socio-political reality of the Indonesians. In the pluralistic society, quandaries emerge oftentimes as to make the religious and nationalist commitments converge. Even though inseparable, the government frequently designates Islam as opposing to nationalism. Islam has been charged with a symbol of exclusivism and anti-diversity. Islam has even been regarded as the second political enemy after communism and thus requires its elimination. This is hence the pretext for imposing the secularization. Islam is consequently separated from political concern and its adherents are discarded from any policy-making process. This article seeks to both elucidate the secularization and analyze its propagation in Indonesia spanning the time prior to its independence until the present time. In this section, the articles finds out that secularization in Indonesia proceeds as a top-down movement enforced by the ruling towards the ruled; the Muslim society. In the following section, the article also discloses deficiency in the secularization and exposes a groundwork for its impending failure. In reference to the secularization project in Turkey, the article reveals that separation of Islam and state in Indonesia falls short due to absence of support from the Muslim grass-root.

ISLAMIZATION OF CONTEMPORARY ARCHITECTURE: SHIFTING THE PARADIGM OF ISLAMIC ARCHITECTURE

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Mustapha Ben- Hamouche

2012-03-01

Full Text Available Islamic architecture is often thought as a history course and thus finds its material limited to the cataloguing and studying of legacies of successive empires or various geographic regions of the Islamic world. In practice, adherent professionals tend to reproduce high styles such as Umayyad, Abassid, Fatimid, Ottoman, etc., or recycle well known elements such as the minarets, courtyards, and mashrabiyyahs. This approach, endorsed by the present comprehensive Islamic revival, is believed to be the way to defend and revitalize the identity of Muslim societies that was initially affected by colonization and now is being offended by globalization. However, this approach often clashes with the contemporary trends in architecture that do not necessarily oppose the essence of Islamic architecture. Furthermore, it sometimes lead to an erroneous belief that consists of relating a priori forms to Islam and that clashes with the timeless and universal character of the Islamic religion. The key question to be asked then is, beyond this historicist view, what would be an “Islamic architec-ture” of nowadays that originates from the essence of Islam and that responds to contemporary conditions, needs, aspirations of present Muslim societies and individuals. To what extends can Islamic architecture bene-fits from modern progress and contemporary thought in resurrecting itself without loosing its essence. The hypothesis of the study is that, just as early Muslim architecture started from the adoption, use and re-use of early pre-Islamic architectures before reaching originality, this process, called Islamization, could also take place nowadays with the contemporary thought that is mostly developed in Western and non-Islamic environ-ments. Mechanisms in Islam that allowed the “absorption” of pre-existing civilizations should thus structure the islamization approach and serve the scholars and professionals to reach the new Islamic architecture. The

Real Islamic Logic

NARCIS (Netherlands)

Bergstra, J.A.

2011-01-01

Four options for assigning a meaning to Islamic Logic are surveyed including a new proposal for an option named "Real Islamic Logic" (RIL). That approach to Islamic Logic should serve modern Islamic objectives in a way comparable to the functionality of Islamic Finance. The prospective role of RIL

12 CFR 202.11 - Relation to state law.

Science.gov (United States)

2010-01-01

... other interested party may request that the Board determine whether a state law is inconsistent with the.... (e) Exemption for state-regulated transactions—(1) Applications. A state may apply to the Board for... OPPORTUNITY ACT (REGULATION B) § 202.11 Relation to state law. (a) Inconsistent state laws. Except as...

Islamic Civilization: Its Significance in al-Faruqi’s Islamization of Knowledge

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WAN SABRI WAN YUSOF

2015-06-01

Full Text Available This paper discusses the significance attempt of al-Faruqi in making Islamic civilization a mandatory course in his Islamization of Knowledge project. In any attempt of Islamization of Knowledge, the students of Islamization should be comprehensively mastered Islamic Civilization. Al-Faruqi systematically developed four required components in civilizational study that were critical for Islamization project, i.e., to give the Muslim student knowledge of the first principles of Islam as essence of Islamic civilization in the first year; the historical achievements of Islamic civilization in the second year; how Islamic civilization compares and contrasts with other civilizations in essence and manifestation, in the third year, and; how Islamic civilization is the only viable option in dealing with the fundamental problems of Muslims and non-Muslims in the contemporary world, in the fourth year. The significance ideal projected by this comprehensive stages as characterized by al-Faruqi were crucial for student to understand the secular worldview that bring the collapse of civilization in the past and not to repeat this catastrophic consequence in contemporary civilization of the Ummah.

Performance Based Islamic Performance Index (Study on the Bank Muamalat Indonesia and Bank Syariah Mandiri

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Siti Aisjah

2015-09-01

Full Text Available The development of Islamic base banks in Indonesia in recent years show rapid growth. The main challenge for Islamic base banks is how to raise belief from the stakeholders. Stakeholder expectations of the Islamic banks is different from a conventional bank. Since, Islamic banks are built on basic principles of Islamic economics. Therefore, we need a tool to evaluate and measure the performance of Islamic base banks. Islamicity Performance Index is a method which can evaluate the performance of Islamic base banks not only their financial but also justice principles, halal (lawfulness, and tazkiyah (sanctification. There are six financial ratios which are measured from Islamicity Performance Index:profit sharing ratio, zakat performance ratio, equitable distribution ratio, directors-employees welfare ratio, Islamic investment versus non-Islamic investment ratio, Islamic income versus non-Islamic income. This research is intended to figure out the performance of Islamic base Bank in Indonesia based on Islamicity Performance Index. The samples are the Bank Muamalat Indonesia and Bank Syariah Mandiri. Sources of data are the financial reports of Bank Muamalat Indonesia and Bank Syariah Mandiri in 2009–2010 period.The results show that the financial performance of Islamic Base Bank in Indonesia during 2009-2010 period have ”quite satisfactory level of  valuation. However, there are two unsatisfactory ratios. They are zakat performance ratio and director-employee welfare contrast ratio. It shows that zakat issued by the Islamic base bank in Indonesia is still low and the contrast of the director-employee welfare is still huge.

Worldview Islam dan Kapitalisme Barat

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Hamid Fahmy Zarkasyi

2013-05-01

Full Text Available In the era when the idea of similarity, equality and pluralism are disseminated in diversified area, one might face difficulty to distinguish one civilization from the other.Now capitalism is the most dominant system of economic in the world and even developed into a civilization that has a worldveiw. Capitalism also used to be claimed and accepted as universal system that could be applied to the whole world. In response to this state of mind, it is imperative that capitalism be studied and identified from its very basic concept, i.e worldview perspective, and then compared it with Islam. This paper is a preliminary attempt to identify capitalist worldview and prove that it differs fundamentally from the worldview of Islam. The capitalist vision on religion, world, life style, justice, freedom of thought, wealth, economic activities which are influenced by Western worldview is diametrically different from Islamic worldview. Based on this study it must be very clear that Muslim intellectual who intend to borrow certain concept of capitalism for the development of Islamic economic should realize there are fundamental principles of capitalism that are irreconciliable with that of Islamic economic.

Lighting the Path: the Evolution of the Islamic State Media Enterprise (2003-2016

Directory of Open Access Journals (Sweden)

Craig Whiteside

2016-11-01

Full Text Available The media products of the revolutionary movement known as the Islamic State (also IS, ISIL, ISIS, Daesh have received a significant amount of attention from analysts and journalists alike. While extremely helpful, most of this effort is focused at performing content analysis of fairly recent products. As part of the Counter-Terrorism Strategic Communication (CTSC project’s effort to better understand propaganda messaging in the 21st century, the author of this Research Paper examined primary documents and other media published by the Islamic State movement during its entire existence in order to develop a history of the media department since 2003. The framework for analysis focused on the interaction between key media leaders, the ever-expanding structure and institutions, and the process of innovation used to experiment with different media techniques in different phases of the group’s evolution. Based on this history, the paper presents six observations about the media department and its role in the larger movement – in the hopes that this knowledge will be helpful in efforts to combat this particular group and its inevitable imitators in the future.

Islamic banking

OpenAIRE

Pak, Viktoriya

2010-01-01

The thesis is focused on introduction of Islamic banking system. Morover part of the work is devoted to a detailed description of the history of Islamic banking, on explanation of the principles on which the banking system is based. Also are analyzed in detail the basic Islamic banking products. And at the end are presented the advantages and disadvantages of the Islamic banking system.

Southern states radiological emergency response laws and regulations

International Nuclear Information System (INIS)

1989-02-01

The radiological emergency response laws and regulations of the Southern States Energy Compact member states are in some cases disparate. Several states have very specific laws on radiological emergency response while in others, the statutory law mentions only emergency response to ''natural disasters.'' Some states have adopted extensive regulations on the topic; others have none. For this reason, any general overview must necessarily discuss laws and regulations in general terms

Arabism and Islam: Stateless Nations and Nationless States

National Research Council Canada - National Science Library

Helms, Christine M

1990-01-01

During the 1980s, Islamic activists in the Arab Middle East have challenged the definition of "legitimate authority" and provided the means and rationale for revolutionary change, hoping to pressure...

Negotiating Islam with cinema A theoretical discussion on Indonesian Islamic films

Directory of Open Access Journals (Sweden)

Ahmad Nuril Huda

2012-04-01

Full Text Available This paper aims at exploring certain negotiations that justify Muslim’s cinematic texts and practices. It focuses on the questions about what is Islamic and un-Islamic about film, who and what decides certain films as Islamic, and what are the meanings of cinematic practices of Islam for Muslim society. Furthermore, this paper tries to investigate these questions from a theoretical basis using concepts of Islamic modernity, Islamic Ummah and Public, in order to shed some light on the idea of how a production of an Islamic film may trigger the creation of a political and religious identity.

Investigation into The Effect of Arabic Incompetence on The Students’ Performance in Islamic Studies in Ibadan South-East Of Oyo State In Nigeria

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Kazeem Adekunle Adegoke

2016-11-01

Full Text Available Abstract This study investigated the effect of incompetence in Arabic language on students’ performances in Islamic studies in the selected senior secondary schools in Ibadan South-East Local Government Area of Oyo State, Nigeria. The main objective of this study was to ascertain the argument that the poor performance of senior secondary students in Islamic studies is as a result of incompetence and non-proficiency in Arabic language on the side of learners and teachers. The methodology employed in this study was the quantitative approach. Location of the study was Ibadan South-East Local Government Area of Oyo State. Teachers of Islamic studies and students were randomly selected using the stratified random sampling technique from six senior secondary schools. The data gathered were analysed using simple percentages and chi-square statistical analysis. The findings revealed that significant number of students in Senior Secondary School’s poor performance in Islamic studies was due to their incompetence in Arabic as a result of their lack of exposure to the Arabic language and their poor background in Arabic from the previous classes. It also revealed that some of their teachers in Islamic studies were not competent in Arabic reading and writing. Abstrak Penelitian ini menginvestigasi efek ketidakmampuan bahasa Arab terhadap kinerja siswa studi Islam di sekolah-sekolah menengah atas terpilih di Ibadan Tenggara, di Area Pemerintahan Daerah Negara Oyo, Nigeria. Tujuan utama penelitian ini untuk menegaskan argumen bahwa buruknya kinerja siswa sekolah menengah atas pada studi Islam adalah akibat dari ketidakmampuan dan ketidakmahiran bahasa Arab pada peserta didik dan guru. Metode penelitian pendekatan kuantitatif. Lokasi penelitian adalah di Area Pemerintah Daerah Ibadan Tenggara Negara Oyo. Guru dan siswa program studi Islam dipilih secara acak menggunakan teknik stratified random sampling dari enam sekolah menengah atas. Data yang terkumpul

PERSPEKTIF HUKUM ISLAM TENTANG DINAMIKA HUBUNGAN INDUSTRIAL DI INDONESIA

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Ismed Batubara

2013-12-01

Full Text Available Islamic Law Perspective of the Dynamic of Industrial Relation in Indonesia. The dynamic of industrial relation in Indonesia has undergone very long history since Colonial period to the Reformation era. This essay tries to elucidate relation pattern of labor ideology which seem to be influenced by Liberalism and Communism followed by two extreme economic ideologies vis-à-vis Islamic system. The author asserts that although regulations pertaining to labor have been made available, disputes and disharmony between workers and company or employer still occur repeatedly. Substantially, the regulations encompass delicate problems which are evident form the fact that the government is incapable of handling labor problem efficiently. The author concludes that Islamic concept should become an alternative in dealing with industrial relation which emphasizing equality and just principles and thus it is free from authoritarianism and expoloistation of Capitalistic models as well as from dictatorship of Communism ideology.

THE POSITION OF ISLAM NUSANTARA IN GEOPOLITICAL DINAMYCS OF ISLAMIC WORLD

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Abdul Chalik

2016-12-01

Full Text Available Peranan Islam Nusantara dalam Dinamika Geopolitik Dunia Islam. Tulisan ini berangkat dari kegelisahan terhadap lahirnya ISIS, sebuah gerakan sosial politik yang lebih ekstrim dibandingkan dengan pendahulunya, al-Qaeda. Satu sisi, organisasi ini tidak saja membuat Barat ketakutan atas segala sepak terjangnya, terutama pasca teror Paris di pertengahan Nopember 2015, pada sisi yang lain juga menciderai perasaan umat Islam karena dianggap mendompleng atas nama agama (Islam—sementara perilakunya berlawanan dengan ajaran Islam. Secara geopolitik posisi dunia Islam mengalami dilema; satu sisi harus berhadapan dengan Muslim sendiri sementara pada sisi yang lain harus bersinergi dengan kekuatan asing untuk melawan bangsa atau saudara sendiri. Berbeda dengan Islam ala ISIS atau al-Qaeda yang bercorak ekstrim dan eksklusif, Islam Nusantara berpandangan sebaliknya. Artikel ini ditulis dengan metode ekploratif deskriptif—dengan menyajikan persoalan dunia Islam saat ini dan hubungannya dengan ideologi Islam Nusantara yang sedang dibangun.

Negotiating Islam with cinema A theoretical discussion on Indonesian Islamic films

OpenAIRE

Ahmad Nuril Huda

2012-01-01

This paper aims at exploring certain negotiations that justify Muslim’s cinematic texts and practices. It focuses on the questions about what is Islamic and un-Islamic about film, who and what decides certain films as Islamic, and what are the meanings of cinematic practices of Islam for Muslim society. Furthermore, this paper tries to investigate these questions from a theoretical basis using concepts of Islamic modernity, Islamic Ummah and Public, in order to shed some light on the idea of ...

Zakat as Tax on the Perspective of Islamic Law

Directory of Open Access Journals (Sweden)

Andi Bahri

2017-12-01

Full Text Available Zakat as one of the pillars in Islam with dimensions ubudiyyah, ijtimaiyyah and iqtishadiyyah. As a country with the largest Muslim population in the world, Indonesia will potential benefit in zakat management. Based on calculation, the number of Muslim population will produce more zakat to increase ummah well-being in the zakat is managed in professional and accountable ways.  Majority of zakat management problems includes limited qualified human skills and human resources (HR in zakat management. In addition,  weak regulations has also resulted in slow improvment in the optimization of zakat management. As a solution to the chronic problem is to provide urgent solutions in the zakat management organization (OPZ. This includes the involvement of stakeholders (government in regulating the mechanism of zakat management and promoting public education about the obligations of zakat contribution. The position of zakat profession in Islam has similar position with other zakat income. As the result, the most accurate term given to  zakat profession is zakat income (kasab. While the position between zakat and tax, there are three arguments: First, zakat and taxes are equally paid by every taxpayer and zakat obligators. Second, a Muslim chooses either of the two instruments: paying zakat or paying taxes only. Third, a muslim chooses one between; zakat or taxes, and assume his/her choices are representative of both. If he/she pays taxes, then he/she considers the tax as zakat from his property.

A Comparative Study of the Principles Governing Criminal Responsibility in the Major Legal Systems of the World (England, United States, Germany, France, Denmark, Russia, China, and Islamic legal tradition)

DEFF Research Database (Denmark)

Elewa Badar, Mohamed; Marchuk, Iryna

2013-01-01

to demarcate between intentional and negligent conduct. Turning to comparative law as an invaluable tool of legal analysis, the study demonstrates that there are more common characteristics than originally anticipated regarding the concept of crime, as well as the basis of the principle of culpability......The purpose of this survey is to examine the underlying principles of criminal responsibility in selected common law and continental law jurisdictions as well as in the Islamic legal tradition through the lens of comparative law. By conducting a comprehensive legal analysis of the concept of crime...

45 CFR 98.3 - Effect on State law.

Science.gov (United States)

2010-10-01

... 45 Public Welfare 1 2010-10-01 2010-10-01 false Effect on State law. 98.3 Section 98.3 Public... Goals, Purposes and Definitions § 98.3 Effect on State law. (a) Nothing in the Act or this part shall be construed to supersede or modify any provision of a State constitution or State law that prohibits the...

40 CFR 403.4 - State or local law.

Science.gov (United States)

2010-07-01

... 40 Protection of Environment 28 2010-07-01 2010-07-01 true State or local law. 403.4 Section 403.4... GENERAL PRE-TREAT-MENT REGULATIONS FOR EXIST-ING AND NEW SOURCES OF POLLUTION § 403.4 State or local law... prohibitions, established by State or local law as long as the State or local requirements are not less...

Southern states radiological emergency response laws and regulations

International Nuclear Information System (INIS)

1990-06-01

The purpose of this report is to provide a summary of the emergency response laws and regulations in place in the various states within the southern region for use by legislators, emergency response planners, the general public and all persons concerned about the existing legal framework for emergency response. SSEB expects to periodically update the report as necessary. Radiation protection regulations without emergency response provisions are not included in the summary. The radiological emergency response laws and regulations of the Southern States Energy Compact member states are in some cases disparate. Several states have very specific laws on radiological emergency response while in others, the statutory law mentions only emergency response to ''natural disasters.'' Some states have adopted extensive regulations on the topic, others have none. For this reason, any general overview must necessarily discuss laws and regulations in general terms. State-by-state breakdowns are given for specific states

Bibliography on Islam in contemporary Sub-Saharan Africa

NARCIS (Netherlands)

Schrijver, P.

2006-01-01

This book has been nominated for the Conover-Porter Award 2008 - This bibliography on Islam in contemporary Sub-Saharan Africa has been prepared as part of the African Studies Centre/Centre d'Etude d'Afrique Noire project entitled "Islam, the Disengagement of the State, and Globalization in

12 CFR 226.28 - Effect on State laws.

Science.gov (United States)

2010-01-01

... inconsistent, a creditor may not make disclosures using the inconsistent term or form. (2)(i) State law... also explain that the State law provisions apply only after expiration of the time period for... TRUTH IN LENDING (REGULATION Z) Miscellaneous § 226.28 Effect on State laws. (a) Inconsistent disclosure...

Arab revolts and 'Civil State': a new term for old conflicts between Islamism and secularism

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Barbara De Poli

2014-12-01

Full Text Available The Arab revolts that erupted in late 2010, forcing from power the rulers of Tunisia, Egypt, Libya and Yemen, and dragging Syria through a ferocious civil war, reactivated the public debate on government in Islamic countries. In all those countries, after removing the authoritarian regimes (or fighting against them, the political arena saw a division into two main camps: Islamic parties and secularists; both claiming to stand for democracy. Within the political discourse of both sides a new concept began to play a pivotal role: that of the ’civil state’ – dawla madaniyya – a term which, however, renders different semantic interpretations according to the political actors involved, meaning both ‘no military or theocratic (but Islamic State’, and ‘secular State’. We’ll especially analyse the usage of the term ‘dawla madaniyya’ in Tunisia and Egypt since the beginning of the Arab revolts and up until 2014 and, for the same time period, the political practices of Islamist and secularist parties (government experiences, constituent assemblies focusing on the effectiveness of the dawla madaniyya paradigm for building a democratic state.

ISLAM AND ARAT SABULUNGAN IN MENTAWAI

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Maskota Delfi

2013-12-01

Full Text Available The remoteness of the Mentawai Islands has contributed to an almost autonomous development, unaided by mainland Sumatra. As a result of a well endowed environment and supported by staple local foods such as sago, taro and bananas, as well as an abundance of wildlife including wild boars, a finely tuned self-sufficiency was realised. In this space the management and distribution of food, including animal protein, is an important aspect of the culture of Arat Sabulungan. As the result of the compulsory state sanctioned religions program introduced in 1954, some Mentawaians have converted to Islam or Catholicism as their formal religious identity. However, a remarkable adaptation occured in which the layers of Mentawai identity were not lost in the adaption to the Islamic faith. Islam with its teachings, and other formal religions, are considered as  the sasareu (outsiders. The prohibition of consuming boar as part of islamic rules is a sasareu rules that contradict to Mentawaian Arat .[Kepulauan Mentawai yang terisolasi telah berkembang secara mandiri tanpa bantuan dari pulau induknya, Sumatra. Lingkungan yang subur dan mendukung ketersediaan sumber makanan pokok lokal seperti sagu, talas, dan pisang serta berlimpahnya satwa liar, termasuk babi hutan, telah mendorong terciptanya swasembada pangan. Manajemen dan distribusi makanan merupakan aspek penting dalam jalinan budaya dan sistem kepercayaan local, Arat Sabulungan. Sebagai hasil dari kebijakan pemerintah untuk menerapkan agama resmi bagi orang Mentawai pada tahun 1954, orang Mentawai kemudian masuk Islam atau Katolik. Namun demikian, adaptasi yang luar biasa juga terjadi, sehingga lapisan-lapisan identitas Mentawai tidak hilang dalam adaptasinya dengan keyakinan Islam. Islam dengan ajaran-ajarannya, juga agama-agama dunia lainnya, dipandang sebagai ajaran asing. Larangan mengkonsumsi daging babi sebagai bagian dari ajaran Islam, misalnya, dipandang sebagai ajaran asing yang bertentangan

Islamic fundamentalism in Indonesia

OpenAIRE

Nagy, Sandra L.

1996-01-01

This is a study of Islamic fundamentalism in Indonesia. Islamic fundamentalism is defined as the return to the foundations and principles of Islam including all movements based on the desire to create a more Islamic society. After describing the practices and beliefs of Islam, this thesis examines the three aspects of universal Islamic fundamentalism: revivalism, resurgence, and radicalism. It analyzes the role of Islam in Indonesia under Dutch colonial rule, an alien Christian imperialist po...

Strategic Management Process of Islamic Character Development of Early Children in Islamic Kindergarten

Directory of Open Access Journals (Sweden)

M Najib

2016-12-01

Full Text Available This research is a field research by using a qualitative research approach. The purpose in this research is to find steps in strategic management process for development character of early children in Islamic kindergarten of al-Irsyad Purwokerto, Central java, Indonesia. The results showed that the process of strategic management to develop Islamic character of early children is done through four processes. First, processing of observation environmental to develop Islamic character in Islamic kindergarten. Second, strategic formulation process for development an Islamic character of early children in Islamic kindergarten. Third, implementating strategic process for develop an Islamic character of early children in Islamic kindergarten. Fourth, strategic assesment process for develop an Islamic character of early children in Islamic kindergarten. Penelitian ini adalah penelitian lapangan menggunakan pendekatan penelitian kualitatif. Tujuan dari penelitian ini adalah untuk menemukan langkah-langkah dalam proses manajemen strategik untuk membentuk karakter anak usia dini di Taman Kanak-kanak (TK Islam al-Irsyad Purwokerto, Jawa Tengah, Indonesia. Hasil penelitian mengungkapkan bahwa proses manajemen strategik untuk membentuk karakter anak usia dini di TK Islam dilakukan melalui empat langkah. Pertama, proses pengamatan lingkungan untuk membentuk karakter Islami anak usia dini di TK Islam. Kedua, proses formulasi strategi untuk membentuk karakter anak usia dini di TK Islam. Ketiga, proses penerapan strategi untuk membentuk karakter anak usia dini di TK Islam. Keempat, proses penilaian strategik untuk membentuk karakter anak usia dini di TK Islam.

Islamic Banking in Nigeria: Perceived Relative Advantage among ...

African Journals Online (AJOL)

We studied Islamic banking customers' segment using the religious groups in Awka, Anambra state, Nigeria to determine if there are significant differences in their mean perception of the relative advantage of Islamic banking concept. Crosstab was used to study the relationship between the demographic factors that made ...

Bibliography on Islam in contemporary Sub-Saharan Africa

NARCIS (Netherlands)

Schrijver, P.

2006-01-01

This book has been nominated for the Conover-Porter Award 2008 - This bibliography on Islam in contemporary Sub-Saharan Africa has been prepared as part of the African Studies Centre/Centre d'Étude d'Afrique Noire project entitled "Islam, the Disengagement of the State, and Globalization in

THE RELEVANCE OF GOODWILL REPORTING IN AN ISLAMIC CONTEXT

Directory of Open Access Journals (Sweden)

Radu-Daniel LOGHIN

2014-11-01

Full Text Available In recent years global finance has seen the emergence of Islamic finance as an alternative to the western secular system. While the two systems posses largely similar concepts of social equity and well-being the major divide between them rests in the distinction between divine and natural law as a source of protection for the downtrodden. As communication barriers between the Arabic and Anglo-European accounting systems start to blur, the question posed for the practitioners as to what constitutes a source of equity becomes more and more relevant. Considering the case of Islamic countries, besides internally-generated and acquired goodwill Islamic sources of social equity such as zakat also provide a source of social equity. For the purpose of this paper, two models pertaining to value relevance are tested for a sample of 56 companies in 6 accounting jurisdictions with the purpose of identifying the underlying sources of social equity revealing that zakat disclosures marginally improve the accuracy of the model.

Arab Spring: Islam dalam gerakan sosial dan demokrasi Timur Tengah

Directory of Open Access Journals (Sweden)

Shafira Elnanda Yasmine

2016-04-01

Full Text Available Social movement during Arab Spring has lead to political uprising in Middle East. Started from Tunisia, the revolt spread to neighboring states such as Egypt, Libya, also Syiria. Influenced by religion and strong Islamic tradition, protestors demand the presence of democracy within political system which had held autocracy as ruling system for decades. It is commonly assumed that democracy and Islam were mostly incompatible, moreover in a state whose Islamic values has deeply rooted in the daily life of its people. This article focuses in the usage of Islamic values within global civil society movement in Arab Spring. Theory of Islam and Ideology were applied to analyze the phenomena. Having view the revolution generally, this research found that Arab Spring is required as a phase which led Islam into particular flexibility level towards democracy and brought democratization into the Arab world. This article resulted in the conclusion that trigger a revolution not because of religious affairs, the demonstrators were joined not one hundred percent Muslim, and the issues that required not related to the religious life of the community, but Islam is either the value or the practice of worship, can not be separated in the organization of the masses during the revolution.

THE EFFECTS OF MARKETING MIX ON CONSUMER SATISFACTION: A LITERATURE REVIEW FROM ISLAMIC PERSPECTIVES

Directory of Open Access Journals (Sweden)

Selim AHMED

2015-02-01

Full Text Available Customer satisfaction is one of the essential factors for the success of a company. To achieve the high customer satisfaction, companies must know when and how their customers are satisfied about the products and services. Nowadays, different companies follow different types of marketing strategies based on the target market demand. The majority of companies follow a conventional marketing strategy, but some companies choose to follow a religious or spiritual marketing strategy such as the Islamic marketing strategy. Conventional marketing strategies satisfy the customers based on the current needs of the customer, whereas, Islamic marketing strategies satisfy the customers based on the human values, marketing cultures, and Islamic rules and regulations (shariah laws. Apart from conventional marketing strategies, the Islamic marketing strategies more focus on religious rules and ethics which do not exist in conventional marketing. Thus, this study discusses how marketing mix (product, price, place and promotion influences customer satisfaction from Islamic perspectives and why it is necessary for the consumers.

Islam Wetu Telu [Dialektika Hukum Islam dengan Tradisi Lokal

OpenAIRE

Zuhdi, Muhammad Harfin

2014-01-01

Islam reached Lombok in the sixteenth century. It was brought by the Javanese Muslim preachers led by Sunan Prapen, the son of Sunan Giri, one of the famous nine saints (Wali Songo). Prior to the spread of Islam in this island, the indigenous people of Lombok (the Sasak) had embraced their own traditional religion,called Boda. This created dialectics between Islam and this local belief that resulted in the rise of vernacular expression of Islam called wetu teluin Bayan, north Lombok....

Islamic Banking in Nigeria: Perception of its Relative Advantage by ...

African Journals Online (AJOL)

Islamic Banking in Nigeria: Perception of its Relative Advantage by Consumer Segments in Anambra State. ... perceived relative advantage of Islamic banking concept by those consumer groups in. Awka ... AJOL African Journals Online.

UPAYA ISLAM DALAM MEMBENDUNG BUDAYA KORUPSI

Directory of Open Access Journals (Sweden)

Zainuddin Syarif

2012-03-01

Full Text Available AbstractCorruption is one of chronic diseases in Indonesia. A country that has majority population of Islam has the highest population level. The causes are the bad character of state apparatus and the damage of      political system and government That’s why Islam offers some solutions to solve corruption, such as proper salary, avoiding to receive a bribe and present, the counting of treasure in the first and the last of  position period, a good  model leader, equitable punishment and the most thing is  the controlling    from society.Kata-kata kunciKorupsi, koruptor, Islam, Sayyidina Umar bin al-Khattab

Tiga Jalan Islam Politik di Indonesia: Reformasi, Refolusi dan Revolusi

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Mohammad Iqbal Ahnaf

2016-07-01

Full Text Available Indonesia is often deemed unfavorable for political Islamic movements. This is prominently indicated by the fact that electoral achievement of parties with Islamic background has been historically lower than those of parties without stated association with Islamic groups. This is seen as a confirmation of the norm that Indonesian Islam is inherently moderate. This paper challenges such an argument because the up and down of political Islamc should not be primarily seen from thir electoral gains.  This paper shows that political Islam in Indonesia is persistent and will continue posing a challenge to the dominant role of moderate Islam. Using different paths Islamist groups are competing for establishing ground in societies. This paper categorizes the paths chosen by political Islam in Indonesia into three models called reformist, ‘refolutionist,’ and ‘staged revolutionary.’ Islamic groups are categorized in the paper based on their political objectives and strategies. 

Human Capital Accountability and Construct: Evidence from Islamic Microfinance Institutions in Malaysia

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Amrizah Kamaluddin

2018-03-01

Full Text Available To identify the human capital construct that significantly relates to the performance of Islamic organizations, this study obtained data from Islamic microfinance organizations in Malaysia using the survey questionnaire method. In addition, we interviewed renowned scholars in the fields of Islamic accounting and Shariah law. Consequently, this study proposes an extended model of human capital that is applicable to Islamic organizations. Apart from knowledge and competency, this study includes spiritual value as another construct of human capital in Islamic organizations. Knowledge includes ideas that are relevant to the accounting and auditing spectra, as well as Shariah principles and jurisprudence. By contrast, competency refers to the ability to innovate unique Shariah-compliant products that are rare and difficult to imitate. Meanwhile, spiritual values embrace the elements of “Siddiq,” “Amanah,” “Fathonah,” and “Tabligh.” This study affirms that knowledge, competency, and satisfaction are the most significant constructs of human capital that explain performance. Factor analysis indicates that spiritual value is embedded in and forms part of the human capital construct. Hence, spiritual value is a key element in company culture and contributes significantly to organizational success. This model can be a platform for human capital reporting in the relevant Islamic and conventional organizations.

PERKAWINAN SEJENIS DALAM KAJIAN ISLAM

OpenAIRE

Muhammad Arif Zuhri

2016-01-01

One of cases in islamic law today is same-sex marriage. The case sparked a controversy in muslim society. On the one hand, the case can be seen as an integral part of a person’s rights to meet the biological needs, but on the other hand is seen as a violation of religious norms and moral principles. Those who have a sexual orientation towards the same gender (homosexual), which was also approved this orientation, continue to get same-sex marriage legalization because a sense of lo...

Islam Politik dan Radikalisme: Tafsir Baru Kekerasan Aktivisme Islam Indonesia

Directory of Open Access Journals (Sweden)

Ali Asghar

2015-08-01

Full Text Available Tulisan ini berkesimpulan bahwa kekerasan aktivisme Islam politik lebih ditentukan pada kemampuan mengukur batas toleransi politik; watak represi negara dan aksesibilitas sistem politik. Batas toleransi politik menentukan sebuah gerakan perlu tidaknya mengambil jalan kekerasan sebagai saluran penentangan. Dengan menggunakan pendekatan integratif teori gerakan sosial, tulisan ini memberikan paradigma pilihan rasional untuk membaca kepentingan para aktor aktivisme Islam politik di Indonesia dalam memilih aksi kekerasan sebagai saluran penentangan. Akhirnya, kekerasan aktivisme Islam tidak semata-mata bersumber dari tradisi keagamaan. Simbol-simbol Islam yang melekat dalam aksi kekerasan aktivisme Islam merupakan strategi kerangka aksi (framing bukan sumber doktrinal dari tindakan kekerasan.

SISTEM HUKUM BARAT, SISTEM HUKUM ADAT, DAN SISTEM HUKUM ISLAM, MENUJU SEBAGAI SISTEM HUKUM NASIONAL SEBUAH IDE YANG HARMONI

Directory of Open Access Journals (Sweden)

H Mustaghfirin

2011-02-01

Full Text Available West Legal System follow the philosophy of legal positivism values conflict with the noble values of the Indonesian nation, so there Gab between the law and people of Indonesia are regulated, System of Customary Law in the values of certain indigenous communities whose territory reached 350 indigenous territories, and can only be believed by public socialized habits, and can not be validated as a national law, and Islam as the Legal System is based on the attributes of God as "Asmaul Husna" and diamalkan believed by the majority of individuals nationwide Indonesian society and tolerance of permanent values believed by minority groups in Indonesia, therefore the system of Islamic law that allows a system of national law in accordance with the personality of the Indonesian nation and not betentangan with the values of Pancasila.

27 CFR 478.58 - State or other law.

Science.gov (United States)

2010-04-01

... business or activity contrary to State or other law. The holder of such a license is not by reason of the... ammunition business or activity in violation of the provisions of any State or other law. Similarly... 27 Alcohol, Tobacco Products and Firearms 3 2010-04-01 2010-04-01 false State or other law. 478.58...

A baseline understanding of state laws governing e-cigarettes.

Science.gov (United States)

Gourdet, C K; Chriqui, J F; Chaloupka, F J

2014-07-01

Electronic cigarettes (e-cigarettes) have been available for purchase in the USA since 2007, and have grown rapidly in popularity. Currently, there are no federal restrictions on e-cigarettes; therefore, any regulations are under the purview of state and/or local governments. This study examines state laws governing e-cigarettes through youth access restrictions, smoke-free air requirements and/or excise taxation. Codified statutory and administrative laws, attorney general opinions, executive orders, and revenue notices and rulings effective as of 15 November 2013 for all 50 states and the District of Columbia, were compiled using Boolean searches in Lexis-Nexis and Westlaw. All laws were analysed by two study authors to determine the presence and components of relevant provisions. Two categories of laws were identified; (1) explicit e-cigarette laws and (2) laws focused on tobacco-derived and/or nicotine-containing products. Thirty-four states' laws address e-cigarettes either explicitly or as part of language applying to tobacco-derived or nicotine-containing products. Laws explicitly addressing e-cigarettes primarily focus on youth access (22 states) or smoke-free air (12 states); only Minnesota imposes an excise tax on e-cigarettes. Similarly, tobacco-derived or nicotine-containing products are primarily regulated through youth access restrictions (6 states), smoke-free air laws (5 states), or excise taxation (2 states). In the current absence of federal law governing e-cigarettes, more than one-half of the states have taken the initiative to regulate these products. The opportunity exists for the remaining states to incorporate e-cigarette-related restrictions into their pre-existing tobacco control laws. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

Can the United States Defeat Radical Islam

Science.gov (United States)

2008-05-22

It strongly disapproves of idolatry, the popular cult of saints and tomb visitation. 11...twentieth century, Sayyid Qutb (1906-1966), an Egyptian Islamic radical, referencing al-Wahhab, developed a modified concept of jahiliyya. In Qutb’s...It strongly disapproves of idolatry, the popular cult of saints and tomb visitation. When ibn Taymiyya was asked if the murderous. Mongols, who

American State Gun Law Strength and State Resident Differences in Neuroticism Levels

Directory of Open Access Journals (Sweden)

Stewart J. H. McCann

2016-04-01

Full Text Available Relations between state gun law strength and state-aggregated levels of Republican leaning, gun ownership, and resident Big Five neuroticism (based on 619,397 residents nationally were determined in a state-level analysis of the 50 American states using multiple regression strategies with state socioeconomic status, white population percent, and urban population percent statistically controlled. In a standard hierarchical model with state gun law strength as the criterion, the three demographic variables accounted for 44.4% of the variance and the Big Five accounted for another 21.9%. When the Big Five entered stepwise after the demographics, neuroticism was the sole significant personality predictor, accounting for another 13.4% of the variance. Greater state gun law strength was associated with higher state resident neuroticism. Further hierarchical regression analyses showed that state Republican leaning and gun ownership could account separately and jointly for significant variance in state gun law strength but not with state resident neuroticism controlled.

Islamic fatalism

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Helmer Ringgren

1967-02-01

Full Text Available The author sketches the historical background, then the teaching of the Koran, and finally, the development of the typical Islamic fatalism. The fatalism of Islam has to be viewed against the background of the ideas of pre-Islamic Arabia. Unfortunately, there is no other evidence from this epoch that a few poems on a very restricted range of topics which have been able to survive Islamic censure. The conventional and stereotyped character of these poems makes it difficult to decide to what extent they reflect commonly accepted views or the ideas of a certain group. In any case, they present a picture of the pagan Arab which is extremely idealized and formed after a rigid pattern. Historically speaking, Islamic 'fatalism' is the result of a combination of pre-Islamic fatalism and Muhammad's belief in God's omnipotence. From another point of view it is an interpretation of destiny that expresses man's feeling of total dependence, not on an impersonal power or universal order, but on an omnipotent God.

Islamic Rulings on Warfare

National Research Council Canada - National Science Library

Aboul-Enein, Youssef

2004-01-01

The United States no doubt will be involved in the Middle East for many decades. To be sure, settling the Israeli-Palestinian dispute or alleviating poverty could help to stem the tides of Islamic radicalism and anti-American sentiment...

The law of the leading digits and the world religions

Science.gov (United States)

Mir, T. A.

2012-02-01

Benford's law states that the occurrence of significant digits in many data sets is not uniform but tends to follow a logarithmic distribution such that the smaller digits appear as first significant digits more frequently than the larger ones. We investigate here numerical data on the country-wise adherent distribution of seven major world religions i.e. Christianity, Islam, Buddhism, Hinduism, Sikhism, Judaism and Baha'ism to see if the proportion of the leading digits occurring in the distribution conforms to Benford's law. We find that the adherent data of all the religions, except Christianity, excellently does conform to Benford's law. Furthermore, unlike the adherent data on Christianity, the significant digit distribution of the three major Christian denominations i.e. Catholicism, Protestantism and Orthodoxy obeys the law. Thus in spite of their complexity general laws can be established for the evolution of religious groups.

State Gun Law Environment and Youth Gun Carrying in the United States.

Science.gov (United States)

Xuan, Ziming; Hemenway, David

2015-11-01

Gun violence and injuries pose a substantial threat to children and youth in the United States. Existing evidence points to the need for interventions and policies for keeping guns out of the hands of children and youth. (1) To examine the association between state gun law environment and youth gun carrying in the United States, and (2) to determine whether adult gun ownership mediates this association. This was a repeated cross-sectional observational study design with 3 years of data on youth gun carrying from US states. The Youth Risk Behavior Survey comprises data of representative samples of students in grades 9 to 12 from biennial years of 2007, 2009, and 2011. We hypothesized that states with more restrictive gun laws have lower rates of youth gun carrying, and this association is mediated by adult gun ownership. State gun law environment as measured by state gun law score. Youth gun carrying was defined as having carried a gun on at least 1 day during the 30 days before the survey. In the fully adjusted model, a 10-point increase in the state gun law score, which represented a more restrictive gun law environment, was associated with a 9% decrease in the odds of youth gun carrying (adjusted odds ratio [AOR], 0.91 [95% CI, 0.86-0.96]). Adult gun ownership mediated the association between state gun law score and youth gun carrying (AOR, 0.94 [ 95% CI, 0.86-1.01], with 29% attenuation of the regression coefficient from -0.09 to -0.07 based on bootstrap resampling). More restrictive overall gun control policies are associated with a reduced likelihood of youth gun carrying. These findings are relevant to gun policy debates about the critical importance of strengthening overall gun law environment to prevent youth gun carrying.

ISLAM, ISLAMISM, THE NATION, AND THE EARLY INDONESIAN NATIONALIST MOVEMENT

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RE Elson

2007-12-01

Full Text Available In an attempt to understand better the failure of Islamism to exercise any significant impact on the tra­jec­tory of Indonesian politics through the twentieth century, this article examines the development of Indo­nesian Islamist thought in the early twentieth century and com­pares it to the growth of secularist nationalist thinking.  Islamist thinking was slow to arrive at a consciousness of Indonesia as specific national place and homeland.  By the time Islamist thinkers had begun to develop a clearer sense of their own political project, secular nationalist thinkers (often indifferent to and sometimes fiercely opposed to Islamic and Islamist ideas about the relationship of state to religion had already established the unassailable primacy of  the idea of Indonesia as an independent sovereign state-in-the-making and as the vehicle for Indonesians to become both modern and prosperous.  Islamists thereafter had no option but to seek to accommodate their thinking to the dominant paradigm of the idea of Indonesia.

Dissolving the engineering moral dilemmas within the Islamic ethico-legal praxes.

Science.gov (United States)

Solihu, Abdul Kabir Hussain; Ambali, Abdul Rauf

2011-03-01

The goal of responsible engineers is the creation of useful and safe technological products and commitment to public health, while respecting the autonomy of the clients and the public. Because engineers often face moral dilemma to resolve such issues, different engineers have chosen different course of actions depending on their respective moral value orientations. Islam provides a value-based mechanism rooted in the Maqasid al-Shari'ah (the objectives of Islamic law). This mechanism prioritizes some values over others and could help resolve the moral dilemmas faced in engineering. This paper introduces the Islamic interpretive-evaluative maxims to two core issues in engineering ethics: genetically modified foods and whistleblowing. The study aims primarily to provide problem-solving maxims within the Maqasid al-Shari'ah matrix through which such moral dilemmas in science and engineering could be studied and resolved.

Maslaha as the Philosophical, Political, and Legal Basis on the Islamic Banking Legislation in Indonesia

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Abdul Ghofur

2017-06-01

Full Text Available Legislation on the Islamic Banking Acts in Indonesia is inseparable from the condition of national politics and global economics that continues to develop. In this paper, the main issue to be discussed is whether the formation of the Islamic Banking Act in Indonesia is based on political interests, or if there is also a legal value associated with economic development of this act. The findings suggest that the legislation on the Islamic Banking Act in Indonesia has relevance to the political and legal foundation that developed at that time; and the legislation on the Islamic Banking Act is based not only on the political but also the philosophical aspects of law that emphasize principles of the common good or maṣlaha and/ an alignment with national goals.

MODERATE ISLAM IN LOMBOK: The Dialectic between Islam and Local Culture

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Mutawali Mutawali

2016-12-01

Full Text Available This study looks into the concept of moderate Islam; describes the distinctive formation of moderate Islam in Indonesia and dialectical phenomena between culture and religion in the Muslim community of the Lombok island. Grounded in qualitative method involving participative observation, interview, documentation and critical discourse analysis, this study reveals that the dialectics and dynamics between the shari’a texts with reality and local traditions in Lombok have brought about the concept of Islam Nusantara characterizing wasatiyyah (moderate, tawazun (balance, tasamuh (tolerance, shura (priotizing dialogue, dan i‘tidal (justice. Islam Lombok illustrates the harmonious interfaith coexistence comprising pluralistic societies including diverse ethnicity, religion, and culture; and portrays Islam rahmatan lil ‘Alamin (Islam as a mercy of the universe. Overall, this study suggests that the concept of moderate Islam could be seen in Lombok and might be applied in other communities in Indonesia.

ARSITEKTUR ISLAM ATAU ARSITEKTUR ISLAMI?

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Sativa Sativa

2011-01-01

  ABSTRACT. It has been regarded, there are so many discussion and study of Islamic architecture, particularly among academics and practitioners. Most of the discussion focuses on aspects of form, style, historical relics and other things that are considered physical is part of the culture of Muslims. Meanwhile, some people feel that the real Islam is not enough just realized with the physical aspect only. Currently, growing discourse about Islamic architecture which tends to emphasize Islamic values rather than physical typology of product architecture. In this matter, the author referred to it as Islamic Architecture. This paper is aimed to discover how extend to which the differences between two thinking about Islam Architecture and Islamic Architecture, and to find out the aspects which influence in Islamic Architecture product planning, through the study of various sources of the Qur'an and hadith, books, journals, and several articles, in addition to analysis of the author's own thoughts. From those studies it was found that a discussion of Islam architecture is very different from Islamic architecture. Islam architecture emphasizes the physical aspects of the built environment, while Islamic architecture is more advanced on Islamic values which root on Al Quran and hadith or sunnah of the Prophet. Aspects of Islamic architecture that need to be developed is efficiency, egalitarian, privacy and genius loci.   Keywords : Islam Architecture, Islamic Architecture, Islamic values

Islamic Education and Indoctrination: The Case in Indonesia. Routledge Research in Education

Science.gov (United States)

Tan, Charlene

2011-01-01

Islamic schools, especially "madrasahs", have been viewed as sites of indoctrination for Muslim students and militants. Some educators and parents in the United States have also regarded introductory courses on Islam in some public schools as indoctrinatory. But what do we mean by "indoctrination"? And is Islamic education…

Pemikiran Imam Al-Ghazali Tentang Ekonomi Islam dalam Kitab Ihya’ Ulumuddin

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Moh. Muafi Bin Thohir

2016-10-01

Full Text Available This article focuses on the concept of al-Ghazali economic thought in Ihya 'Ulumuddin. The main reason for choosing the economic concept of al-Ghazali was due to its own peculiarities points compared with other thinkers. In the grand concept of the economy, al-Ghazali is focused on the behavior of individuals in the perspective of the Qur'an, al-Sunnah, the Prophet Muhammad's fatwa, friends and officers from his friends as well as such prominent Sufi Junaid al-Baghdadi, Zun al-Misri, and Haris bin Asad al-Muhammad Sibi. This article also discusses how exactly the economic concept of al-Ghazali? The conclusion that the concept of economic thought Al-Ghazali is based on the approach of Sufism. Thought Imam al-Ghazali in economics tends moral ethics. 1. Among the voluntary exchange and the evolution of the market, which include; a. Demand, supply, prices and profits b. Ethics basic behavior. 2. The production of goods, which include; a. Production of basic goods as a social obligation. b. Hierarchy production c. Stages of production, specialization, and linkages. 3. Barter and Evolution of the goods, which include; a. Problema Barter and demand for money b. Money that is not useful and stockpiling contrary to divine law. c. Counterfeiting and declining value of money d. Riba. 4. Role of the State and Public Finance, which includes; a. Economic progress through justice, peace, and stability. b. Public finances (source countries, public debt and public spending. Muslim economists have more contributions to the economic development not only in the Islamic environment, but also conventional economics. With a discussion of the economic thinking of the Muslim thinkers, hoping that the Islamic economic discourse among academics become more alive. In addition, the economic nuances of Islam in Indonesia can further grow and comprehensively by operating the Islamic financial institutions in Indonesia.

Sexual Orientation in State Hate Crime Laws: Exploring Social Construction and Criminal Law.

Science.gov (United States)

Valcore, Jace L

2017-09-15

Several studies have described and analyzed the development and diffusion of hate crime laws in the United States, but none specifically examined state-level differences in protected categories. Forty-five of the 50 states have a hate crime statute, but only 30 of those include sexual orientation. In this study the social construction framework is applied to the hate crime policy domain in order to determine whether or not variations in the social and political status of gays and lesbians are associated with the inclusion of sexual orientation in state hate crime laws. Content analysis of daily newspapers in six states revealed that a positive social construction is associated with groups seeking hate crime law protections, and that political influence may also be a key factor.

The Urgency Of Ijtihad By Judges In Effort Law Invention At The Religion Court In Indonesia

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Kiljamilawati

2015-08-01

Full Text Available The presence of renewals in Islamic law resulting in the emergence of various changes in the social order of Muslims either in relation to ideology political social cultural and so on. It later brings new challenges that must be answered and therefore ijtihad must be continuously made to find a solution to the various problems of new law which is required by Muslims. The type of research is a normative-juridical and empirical research. Normative research is trying to examine the problem of law invention by the judge in the Religion Courts with a case approach. Ijtihad has a very urgent role in efforts to carry out duties as law enforcer and justice by digging follow and understand the legal values that live and develop in the peoples and accommodate the developments of Islamic law. The method of ijtihad by judges in the Religion Court use maqashid al-sharia and maslahah and istihsan method. At the practical level so characteristic inherent in the religion courts persists then should any verdict must include argument of Islamic law sources.

Upaya Islam Dalam Membendung Budaya Korupsi

OpenAIRE

Syarif, Zainuddin

2012-01-01

Corruption is one of chronic diseases in Indonesia. A country that has majority population of Islam has the highest population level. The causes are the bad character of state apparatus and the damage of political system and government That's why Islam offers some solutions to solve corruption, such as proper salary, avoiding to receive a bribe and present, the counting of treasure in the first and the last of position period, a good model leader, equitable punishment and the most thin...

MULTICULTURAL EDUCATION, THE FRAME OF LEARNING ISLAMIC STUDIES TOWARDS ISLAMIC RELIGION TEACHERS BILINGUALLY

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Taranindya Zulhi Amalia

2014-05-01

Full Text Available Unity in Diversity as Indonesian motto turns into a saying which unifies the nation. Indonesia proudly presents many islands, races, ethnic groups, cultures, and also traditional languages. This symbolizes multiculturalism that has survived in the motherland. Generally, an Indonesian applies traditional and Indonesian languages in daily life and learns English at school or course. Some have practiced other foreign languages such as Arabic as well since it becomes the language of Al-Qur’an. However, English is usually taught as the compulsory subject in every level of disciplines. English belongs to any states of the world. In learning Islam, human being needs to learn and use English. Most references of Islamic studies are written particularly in Arabic and globally in English. Dealing with this issue, a teacher, in this case an Islamic religion teacher as a figure who educates students, should learn Islamic terms in bilingual versions beside his/her own competence. The teacher is expected to have not only multi-skills but also multicultural education. Having diverse students from multiethnic society probably occurs. Afterward, multicultural education nowadays is being a part of the school curriculum and made a compulsory school subject. It offers the prospect for both the teacher and students to learn inclusion materials that contain fundamental principles, such as democracy, humanism, and pluralism or inclusive religious values. All of those principles could be handed in Islamic Education Material Development Based Multicultural in order to build an inclusive religion at school. The materials are as follows (Salamah, 2011: First, the material of the Koran, in determining the choice of verses. Second, the jurisprudence material, can be extended to study fiqh siyasa (government. Third, the material character of the studies focus on the good-bad behavior against God, Apostle, fellow humans, ourselves, as well as the environment, critical to

KRITIK ISLAM TERHADAP KONSEP MARXISME TENTANG PENGENTASAN KEMISKINAN

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Eko Bahtiyar

2015-12-01

Full Text Available As a social reality, poverty can’t be eliminated in absolute terms, but can be addressed and improved quality so it does not destroy humanity. Poverty as a reality of life is always described as a state of life that lacked, weak and helpless to meet their needs, both in terms of spiritual and material. The purpose of this study was to conceptualize poverty according to Marxism, and also to criticize that concept from Islam viewpoint as a religion. This study includes the type library research (library research, such as; the data and study materials including used from literature sources, either in the form of books, encyclopedias, journals, magazines, newspapers, and other papers. The form of this research is descriptive-comparative-analytical. So I can describe comprehensively thought Marxism and Islamic Thought about poverty alleviation. Discussion of the analysis of research conducted that research results obtained to alleviate poverty Marxist group should abolish bourgeois classes, banning private ownership, provocative investigation of the proletariat to the bourgeoisie attack, creating a battle between classes with spreading malice and hostility. Marx also consider religion and the state as a tool used by the borgeosie to increase their profits. All theories owned Marx is wrong and irrelevant to the truth. Islam stricly prohibitsthe hostilities and the destruction of certain communities. Islam also recognizes the right of property ownership. Goverment and religious factors also have an important rolein poverty alleviation. Islam teaches poor classes for hard-working, for the rich classes to tithe and cooperation between two classes. Keywords: poverty; marxism; Islam.

The Ground Zero Mosque Controversy: Implications for American Islam

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Liyakat Takim

2011-06-01

Full Text Available The controversy surrounding the “ground zero mosque” is part of a larger debate about the place of Islam in U.S. public space. The controversy also reveals the ways in which the boundaries of American identity continue to be debated, often through struggles over who counts as a “real” American. It further demonstrates the extent to which Islam is figured as un-American and militant, and also the extent to which all Muslims are required to account for the actions of those who commit violence under the rubric of Islam. This paper will discuss how, due to the events of September 11, 2001, Muslims have engaged in a process of indigenizing American Islam. It will argue that the Park51 Islamic Community Center (or Ground Zero mosque is a reflection of this indigenization process. It will go on to argue that projects such as the Ground Zero mosque which try to establish Islam as an important part of the American religious landscape and insist on the freedom of worship as stated in the U.S. constitution, illustrate the ideological battlefield over the place of Islam in the U.S. The paper will also examine the possible ramifications of building the Park51 Islamic Community Center including how this will shape the role that Islam plays in the socio-political lives America Muslims.

32 CFR 634.41 - Compliance with State laws.

Science.gov (United States)

2010-07-01

... 32 National Defense 4 2010-07-01 2010-07-01 true Compliance with State laws. 634.41 Section 634.41 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY (CONTINUED) LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS MOTOR VEHICLE TRAFFIC SUPERVISION Traffic Supervision § 634.41 Compliance with State laws. (a) Installation commanders...

29 CFR 825.701 - Interaction with State laws.

Science.gov (United States)

2010-07-01

... 29 Labor 3 2010-07-01 2010-07-01 false Interaction with State laws. 825.701 Section 825.701 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR OTHER LAWS THE FAMILY... Agreements on Employee Rights Under FMLA § 825.701 Interaction with State laws. (a) Nothing in FMLA...

Otentisitas Asuransi Syariah: Perspektif Hukum Islam dan UU No. 40 Tahun 2014 Tentang Perasuransian

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Rully Syahrul Mucharom

2017-08-01

Full Text Available Asuransi syariah (takâful berdasar pada prinsip saling berbagi tanggung jawab. Berbagi tanggung jawab tersebut melalui premi yang dimiliki oleh masing-masing orang.  Dalam prinsip hukum Islam, asuransi merupakan konsep saling membantu antara satu orang dengan yang lainnya tanpa ghurûr dan maysir. Prinsip berbagi tanggung jawab dalam asuransi syariah merupakan tolong menolong dengan dasar-dasar sistem sebagaimana telah ditentukan dalam al-Qur’an dan hadits. Asuransi syariah di Indonesia diatur bersama-sama asuransi konvensional dalam Undang-undang No. 40 Tahun 2014 tentang perasuransian. Kondisi perundang-undangan tentang asuransi syariah yang diintegrasikan dengan asuransi konvensional merupakan kondisi yang tidak ideal mengingat perbedaan-perbedaan prinsipil di antara keduanya. Penerapan asuransi syariah (takâful tidak semata-mata membutuhkan payung hukum tetapi juga aturan yang jelas dan khas. Selain membahas kedudukan asuransi syariah dalam Undang-undang No. 40 Tahun 2014 Tentang Perasuransian, kajian ini juga membahas asuransi dalam persepktif hukum Islam.(Sharia insurance (takâful is based on the principle of sharing responsibility. It is done through premiums owned by each party. In the Islamic law principle, insurance constitutes the concept of mutual help between one person and another without ghurûr (deceiving and maysir (gambling. The principle of sharing responsibility in the sharia insurance is helping each other on the basis of a system as defined in the Qur'an and hadith. Sharia insurance in Indonesia as well as conventional insurance are regulated in Law No. 40/2014 on insurance. The legislation of sharia insurance which is integrated with conventional insurance can be seen as a condition that is not ideal considering the principal differences between the two. The Implementation of sharia insurance (takâful does not merely require a legal footing but also clear and specific rules. In addition to discussing the status of

Islamic Financial Engineering : Comparative Study Agreements in Islamic Capital Market in Malaysia and Indonesia

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Adhitya Ginanjar

2014-03-01

Full Text Available Objective –The objective of this paper is to provide a discussion Islamic Financial Engineering which practice between Indonesian Capital Market and Malaysian capital market. This paper also investigate whether regulator could effectively take a role in materializing demands for Islamic securities and whether regulator declaration is more convincing than sharia compliance declaration between IDX and KLSE.Methods - We use descriptive analytic and literature study to see the background, market response caused by regulatory for Islamic Financial Engineering. We also analyze Islamic capital market regulatory from middle east countries.Results - We find that Islamic Capital Market in KLSE (Malaysian Capital Market more higher growth than IDX (Indonesia Capital Market because of Islamic Capital Regulatory in KLSE much easier to improve Islamic Financial Engineering from conventional schemes.Conclusion - This finding could explain why Islamic Capital Market in KLSE is still growing rapidly and IDX will adjust their Islamic Capital Market Regulatory to compete with regional Islamic Capital Market.Keywords : Islamic Financial Engineering, Risk, Return, Derivative, Hedging, Option, Forward, Hybrid  contract

27 CFR 555.62 - State or other law.

Science.gov (United States)

2010-04-01

... other law. A license or permit issued under this part confers no right or privilege to conduct business or operations, including storage, contrary to State or other law. The holder of a license or permit... 27 Alcohol, Tobacco Products and Firearms 3 2010-04-01 2010-04-01 false State or other law. 555.62...

Green energy laws and Republican legislators in the United States

International Nuclear Information System (INIS)

Coley, Jonathan S.; Hess, David J.

2012-01-01

The policy context for green energy laws in the United States has changed over the past few years, because the Republican Party has increasingly opposed renewable electricity and other green energy policies. In this study, we draw on a database of 6071 votes on RPS (renewable portfolio standards) and PACE (Property-Assessed Clean Energy) laws by individual state legislators in the United States to examine the circumstances shaping Republican votes for green energy laws from 2007–2011. We find that votes on these laws are indeed increasingly partisan, with Republicans supporting RPS laws especially less than Democrats. However, Republicans' support for these laws is higher in states with weaker fossil fuel industries. Furthermore, Republicans tend to support the laws where median household income is lower, environmental organizations are weaker, labor-environmental coalitions are absent, and the proportion of Democrats in the legislature is lower, suggesting a reactive effect against green energy policies in more progressive settings. - Highlights: ► We analyze Republican votes for state RPS and PACE laws from 2007–2011. ► Support for RPS laws declined, while support for PACE laws remained steady. ► Support for both laws is lower in states with strong fossil fuel industries. ► Support for both laws is lower in more Democratic legislatures.

Women in Islam. Analysis from a socio-educational perspective

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Teresa Terrón Caro

2012-06-01

Full Text Available The diversity of existing realities with regard to the situation of the woman in the Arabic world does that we should approach the topic with certain caution. In the present article we expose a bibliographical review on woman and Islam in order to understand the principal debates that they have been presenting in the scientific literature from a socio-educational perspective and the analysis that from them is extracted. For the location and selection of the scientific articles that will be analyzed in this study, we have used essentially five databases: Dialnet, ISOC, Francis, Education Research Complete and Eric. In spite of the diversity of prisms with which the topic is analyzed, one of the ideas that appears of form repeated in diverse texts is the importance that the Islam has had to improve the situation of the women in the Arabic companies. Different good is the fundamentalist interpretation that in many regions of the árabo-Moslem world has been done of the Islamic law, reducing the woman to a background.

Rekonstruksi Fiqh Jinayah terhadap Perda Syariat Islam

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Sahid HM Sahid HM

2014-01-01

Full Text Available This paper poses a question whether Syari’ah can be adopted as a regional/provincial law in Indonesia or not? The question has many sides. First, the many provinces in Indonesia have different religious and cultural setting, making them varied in their reception not only to Syari’ah but also to Islam itself. Even the province where Muslims are majority, Syari’ah is not always ready to apply. Second, the formalization of Syari’ah has provoked an uneasy response from many non-Muslims and also from many Muslims who are not happy with the formalization of Syari’ah. Third, the provincial law has thus far been good in some provinces, giving no chance for the Syari’ah law to interfere. It is these problems that this paper is concerned with. Some aspects of the Syari’ah criminal law that many have attempted to be formalized will be discussed here such as the law of fornication, of drugs and beer, of prostitution, and of religious transgression.

36 CFR 8.4 - Federal and State labor laws.

Science.gov (United States)

2010-07-01

... 36 Parks, Forests, and Public Property 1 2010-07-01 2010-07-01 false Federal and State labor laws... State labor laws. A concessioner shall comply with all standards established pursuant to Federal or State labor laws, such as those concerning minimum wages, child labor, hours of work, and safety, that...

Penelitian Islam: Dasar dan Filosofi

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Abu Bakar Marzuki

2017-03-01

Full Text Available This article is a continued understanding of some thoughts delivered by the Islamic study experts. Actually, Islamic study orientation is still floating and it does not have a clear goal. Some parts of Islamic study is  model or a similar effort done by  orientalists in studying Islam, and in line with the vision and the mission starting from false conclusion about Islam. Therefore, Islamic study experts in the earlier awakening of Islam such as  Al-banna, al-maududi, Ismail Raji al Faruqi, Ziauddin sardar, and Muhammad Naquib al-Attas have offered various thoughts in implementing the framework of Islamic study in line with the vision and the mission of Islam so that their mindset becomes the basis for development of Islamic study. 

Islam, Immigration, and Identity: An Introduction

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Todd H. Green

2014-08-01

Full Text Available It has been two decades since Samuel P. Huntington, a Harvard political scientist, first published his famous essay, “The Clash of Civilizations?” [1]. In the essay, and later in his book with the same title (minus the question mark [2], Huntington argues that conflict in the post-Cold War era will be driven largely by irreconcilable cultural and religious differences, particularly in regards to Islam and the West. The conflict between these two civilizations, while not new, is bound to persist in large part because Islam is prone to violence. Much of the global conflict that exists in the modern world, observes Huntington, involves Muslims. It is for this reason that he states so bluntly: “Islam has bloody borders” ([1], p. 35. [...

The Necessary Predication between State and Law

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Daniel Nunes Pereira

2017-02-01

Full Text Available This study aims to demonstrate that the central idea of "rule of law" is per se redundant since there is a necessary and reciprocal predication between terms. It is based on the "State-Law" historical and philosophically founded (Westphalia, Bodin and Hobbes, phenomenologically (Schmitt’s Political Theology and normatively (Hans Kelsen’s Legal Positivism based. The rationale on the Sstate leading role suggests that State power must be complete to achieve its goals, which is given by normativity. It is clear that both, State and Law, have the same substance, "Sovereignty", whose implementation coincides with the human agency of cognitive reconfiguration of Politics by religious thought.

Communication Received from the Islamic Republic of Iran

International Nuclear Information System (INIS)

1992-01-01

The text of a letter of 30 June 1992 from the Vice-President of the Islamic Republic of Iran and President of the Atomic Energy Organization of Iran was transmitted to the Director General by the Resident Representative of the Islamic Republic of Iran and is, as requested in the letter, being circulated for the information of all Member States in Annex 1

International Islamic Banking

OpenAIRE

saleem, shahid

2007-01-01

The purpose of this exploratory and to some extent descriptive analysis is to highlight the Islamic banking & finance theory, and to explain the practical disparity all over the Muslim Umma along with commonalities of Islamic banking in them. Islamic banking has been now become a value proposition which transcends cultures and will do speedily in next decades despite of cutting throat competition expected in global banking scenario. The size of Islamic Financial Industry has now reached size ...

DINAMIKA STUDI ISLAM DI BARAT

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M Rusydi

2016-04-01

Full Text Available The following writing shows the historicity of Islamic studies in the West. It is important to reflect, at least as a comparison for our Islamic studies in Indonesia. Initially, Islamic studies in the West were looked unfairly. Islam was considered a fragment of Jews and Christian tradition. Thus, Islamic studies were positioned as a subunit of Christian studies. At this condition, Islamic studies tended to be colonized by West scholars’ ideology. However, in 1980, Islamic studies began to be looked fairly in the West. Funded by National Endowment for the Humanities, University of Arizona for the first time held an international symposium on Islam and Religious Studies. In this symposium, Islam was considered equally with Christian. Therefore, the research on it was not only about Islam as religion but also as civilization. It was indicated by various approaches to Islam such as philology, social and humanities approaches. Today, Islamic studies develop intensively with the contemporary approaches called post-orientalism which is based on post-colonialism, post-structuralism, multiculturalism, and critical theory.

PSIKOTERAPI ISLAMI TERHADAP PSIKOPATOLOGI (Perspektif Psikologi Pendidikan Islam

Directory of Open Access Journals (Sweden)

Evita Yuliatul Wahidah

2017-01-01

Full Text Available In a review of psychology, psychopathology can be started from three assumptions. First, the Freudian assumed that the human soul was basically born in sickness, evil, negative / destructive. To be positive, it need companion ways that are impersonal and directive / directing. Second, as a behaviorist, Skinner assumed that the human soul was born in neutral (not sick and unhealthy, where the environment plays a role in determining the direction of its development. Third, Maslow and Rogers as a humanistic figure assumed that the human soul was born in a state of conscious, free, responsible and guided by positive forces emanating from itself to the expansion of all human potential to its fullest. Whereas in Islamic studies of psychopathology can be divided into two categories, namely the worldly, as has been formulated by contemporary psychology, and the hereafter. This paper attempts to explain kinds of psychotherapy according to the study of Islam and how Islam is doing its part in the psychotherapy world and ukhrowi psychopathology. Discussion of Islam against psychopathology of psychotherapy becomes important. In addition to see the growing of Islamization method, as well as to explore therapist aspects in Islam based on the Qur'an and Hadith. The Islamic Psychotherapy is also to provide an alternative to the criticisms made against modern psychology that break away from the values of divinity. This paper begins his discussion of the notion of Psychopathology, Islamic psychotherapy understanding and the existing concept of the theories.

Konsepsi Negara Menurut M. Natsir: Tinjauan Dari Perspektif Pemikiran Politik Islam

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Amin Suyitno

2015-10-01

Full Text Available This research paper discusses about the perspective of M. Natsir on state conception. He was chosen as a figure in this study since he is well known not only as an initiator of Islamic and state conception but also as a main actor in implementing his ideas. This paper summarizes that Islam and a state has an integrally related symbiosis. Religion needs a state, and vice versa. Based on Natsir, Islam is a complete school that contains not only worship but also some aspects such as the field of state. Thus, the establishment of a state is a blessing. Nevertheless, the state is only an instrument, not an objective. On that basis, a head of a country does not need to be titled as a kholifah, but  a president or the others. The important thing is that his characteristics and obligations are in accordance with Islamic values. Seen from his argument construction in some ways, Natsir follows the ideas of Ibn Taimiyah with regard to the urgency of state inevitability. He is also in line with Ibn Khaldun who compares society with the state. Overall, his perspective is influenced by the political perspectives of not only classical Muslims such as al-Mawardi and al-Ahkam al-Sulthaniyya, but also modern Muslims such as al-Maududi and al-Afgani.

Abandoned ideology how the Iranian revolution failed Islamic economics and embraced populism

OpenAIRE

Robinson, Kristopher A.

2010-01-01

Approved for public release; distribution is unlimited In the three decades since the Islamic revolution overturned the Pahlavi regime and ushered in the Islamic Republic, the world has seen the effects, not of Shi'a Islamic philosophy constituted as government, but more accurately of the personal vision of Ayatollah Khomeini regarding the state. While Khomeini promised the regime to be the embodiment of Islamic social justice, the reality was a failure to deliver a consistent philoso...

77 ISLAMIC BANKING AND THE QUESTION OF SECULARISM IN ...

African Journals Online (AJOL)

HP

and mosques in the state government houses and presidential villa clearly show that there is an engagement with religion. Islamic ... and many people. In recent decades and particularly since the publication of guidelines governing the operation of the non-interest Islamic banking in Nigeria by the CBN, there has been an ...

Teaching about Islam and Muslims While Countering Cultural Misrepresentations

Science.gov (United States)

Elbih, Randa

2015-01-01

Contemporary global events of the War on Terror, the War on ISIS, and the United States contentious relationship with Muslim societies make it crucial to teach about Islam and Muslims in school. However, negative representations of Islam and Muslims often impede this process. Overcoming these challenges is critical for the development of…