scholarly journals CONTEXTUALISING ISLAMIC LAWS

2018 ◽  
Vol 13 (2) ◽  
pp. 313-338
Author(s):  
Moh. Dahlan
Keyword(s):  
Analytical Approach ◽  
Islamic Law ◽  
Religious Life ◽  
Economic Reforms ◽  
Freedom Of Religion ◽  
Economic Welfare ◽  
Economic Aspects ◽  
Role Of Religion ◽  
New Criteria

This paper by using the ijtihad paradigm of maqâshid al-syarî’ah of Jasser Audah and the descriptive-analytical approach, would like to emphasize that the role of religion and economic welfare are two things that cannot be separated. Although in practice these two things often face obstacles, especially in the matter of diversity in religious life because of the superficial ijtihad paradigm of Islamic law. Based on the contemporary paradigm that seeks to provide new criteria in the conception of qath’i al-dlilalah and dlanni al-dlilalah, it can be stated that the contemporary Islamic law paradigm that needs to be built must be based on (a) the development of citizens’ welfare Muslims, but also must be the same as non-Muslims because of that we need to carry out financial and economic reforms (al-ishlâh al-mâlî wa al-iqtishâdî); (b) protection of freedom of thought (hurriyah al-tafkîr) and freedom of religion (hurriyah al-i’tiqâd) is an important aspect that must be maintained to guarantee the peace and harmony of the nation’s life in the territory of Indonesia. Therefore, the religious and economic aspects must be prioritized for their protection and safety.

Islamic Law and International Law

2019 ◽  
pp. 86-124
Author(s):  
Emilia Justyna Powell
Keyword(s):  
International Law ◽  
Analogical Reasoning ◽  
Islamic Law ◽  
Religious Affiliation ◽  
Customary Law ◽  
Legal Tradition ◽  
Legal Traditions ◽  
And Gender ◽  
Role Of Religion

This chapter explores in considerable detail differences and similarities between the Islamic legal tradition and international law. It discusses in detail the historical interaction between these legal traditions, their co-evolution, and the academic conversations on this topic. The chapter also addresses the Islamic milieu’s contributions to international law, and sources of Islamic law including the Quran, sunna, judicial consensus, and analogical reasoning. It talks about the role of religion in international law. Mapping the specific characteristics of Islamic law and international law offers a glimpse of the contrasting and similar paradigms, spirit, and operation of law. This chapter identifies three points of convergence: law of scholars, customary law, and rule of law; as well as three points of departure: relation between law and religion, sources of law, and religious features in the courtroom (religious affiliation and gender of judges, holy oaths).

THE RIGHT TO RITUAL SLAUGHTER IN AFRICA: A COMPARATIVE CONSTITUTIONAL ANALYSIS

2017 ◽  
Vol 32 (3) ◽  
pp. 470-490 ◽  
Author(s):  
Enyinna S. Nwauche
Keyword(s):  
Animal Welfare ◽  
Religious Practice ◽  
Freedom Of Religion ◽  
Traditional Religion ◽  
African Countries ◽  
Public Interests ◽  
Constitutional Development ◽  
The Right ◽  
Role Of Religion

AbstractUsing examples of ritual slaughter recognized by different religions in Africa, this paper examines the regulated and unregulated exercise of the right to ritual slaughter as a manifestation of the right to freedom of religion in three constitutional traditions in Africa.This article commences with an evaluation of the existence of the right to ritual slaughter either as a freestanding right or a derivative right from the right to freedom of religion in the bills of rights of African constitutions. The article argues that the ritual slaughter at this stage of constitutional development in Africa is at best a derivative right partly anchored on the communal dimensions of the right to freedom of religion. The article closely examines the bearers and content of the right to ritual slaughter through a brief overview of the practices of ritual slaughter recognized by African traditional religion and Islam. In addition, the syncretic nature of religious practice in Africa identified as the multiple or concurrent witness to different faiths is also considered to provide a realistic account of ritual slaughter in Africa.Since the right to ritual slaughter is identified as a derivative right from the right to freedom of religion, the article examines different constitutional traditions in Africa to determine how religion is conceived in constitutional governance that in turn affects the feasibility of the right to ritual slaughter within constitutional designs and capacity of other public interests such as animal welfare to limit the exercise of the right to ritual slaughter.Three constitutional designs of the role of religion in constitutional governance are identified in this regard. The article concludes on a number of points, including the recognition of the importance of the articulation of the human rights that underpin animal welfare concerns and the fact that a regulated right to ritual slaughter appears feasible in a number of African countries.

scholarly journals The Analysis of Islamic Law Maqosid on the Role of Women in Improving Family Welfare

2020 ◽  
Vol 20 (2) ◽  
pp. 167-180
Author(s):  
Zeni Sunarti ◽  
Muhamad Hasan Sebyar
Keyword(s):  
Islamic Law ◽  
Descriptive Analysis ◽  
Economic Structure ◽  
Family Welfare ◽  
Economic Welfare ◽  
Analysis Method ◽  
Participation Of Women ◽  
The Family ◽  
Role Of Women

Abstract: The participation of women at work domain, does not only contributes in changing the mindset and economic structure of a region, but also has contributed greatly to family welfare. This research uses descriptive analysis method to analyze and describe the role of women in improving the economic welfare of the family in the perspective of maqashid syariah. Based on the results of the research, it is found that the implication is that the role of women is very positive in improving family welfare and in accordance with the objectives of Islam,; falah (prosperous in the world and the hereafter), and in accordance with the five main elements that must be maintained in Islam, namely hifz ad-din, hifz an. -nafs, hifz al-aql, hifz an-nasl, and hifz al-mall. Keywords: Islamic law, the role of women, family welfare.   Abstrak: Partisipasi peran perempuan dalam dalam dunia kerja tidak hanya berkontribusi terhadap berubahnya pola fikir dan tatanan perekonomian suatu daerah, akan tetapi juga telah memberikan kontribusi yang besar terhadap kesejahteraan keluarga. Penelitian ini menggunakan metode analisis deskriptif untuk menganalisis dan mendiskripsikan peran perempuan dalam peningkatan kesejahteraan ekonomi keluarga perspektif maqashid syariah. Berdasarkan dari hasil penelitian, ditemukan implikasi bahwa peran perempuan sangat positif dalam meningkatkan kesejahteraan keluarga dan  sesuai dengan tujuan Islam yaitu falah (sejahtera dunia dan akhirat), serta sesuai dengan lima unsur pokok yang harus dijaga dalam islam, yakni hifz ad-din, hifz an-nafs, hifz al-aql, hifz an-nasl, dan hifz al-mall. Kata-kata kunci: hukum Islam, peran perempuan, kesejahteraan keluarga.

The Religious Life of the Industrial Working Class in the Czech Lands?

2019 ◽  
Vol 46 (1) ◽  
pp. 99-110
Author(s):  
Jakub Štofaník
Keyword(s):  
Twentieth Century ◽  
Working Class ◽  
Religious Life ◽  
Church History ◽  
Private And Public ◽  
History Of ◽  
Czech Lands ◽  
Historic Change ◽  
Role Of Religion

The article focuses on the role of religion among working-class inhabitants of two industrial towns in the Czech lands, Ostrava and Kladno, during the first half of twentieth century. It analyses the enormous conversion movement, the position of new actors of religious life, and the religious behavior of workers. Looking at the history of the late nineteenth and first half of the twentieth century, the study understands religion as one of the constituent factors of society and its historic change. Traditional, new, and nonconformist religious actors appear as active agents in the private and public life of industrial towns. They mobilized workers, young people, and women, and they produced the major arena in which social, cultural, and church history come together.

Diskursus Hukum Islam dalam Konteks Keindonesiaan: Memahami Kembali Nilai-Nilai Substantif Agama

2021 ◽  
Vol 15 (1) ◽  
pp. 173-186
Author(s):  
M. Ikhwan ◽  
Anton Jamal
Keyword(s):  
Islamic Law ◽  
The Public ◽  
Secondary Sources ◽  
Cultural Considerations ◽  
Religious Law ◽  
National Life ◽  
The Public Sphere ◽  
The Times ◽  
Role Of Religion

This paper explain the discourse of Islamic law in the Indonesian context in order to understand the substantive values of religion in national life. The development of the times raises the complexity of problems in life, including the presence of Islamic law in the nation-state, this of course requires a comprehensive discourse in order to answer each of these problems. This paper uses a qualitative research method with a narrative approach by referring to secondary sources so that it can be concluded. First, the formulation of Islamic law in Indonesia needs to be considered in terms of prioritizing the application of the noble values of religion itself (substantive). Second, the role of religion is very large in public life, hence the exclusion of religion from the private sphere or vice versa (placing religious law into the public sphere) needs to be viewed from various aspects. Third, the formalization of Islamic law in several perspectives of the Indonesian legal system is relatively difficult to materialize because of historical, ideological, sociological, political, juridical, religious and cultural considerations, both at the national and international levels.

Religion and Displacement in Africa

2014 ◽  
Vol 21 (3-4) ◽  
pp. 290-308 ◽  
Author(s):  
Karen Lauterbach
Keyword(s):  
Social Relationships ◽  
Analytical Approach ◽  
Church Leaders ◽  
Gift Giving ◽  
Everyday Practices ◽  
The Everyday ◽  
Role Of Religion ◽  
Christian Congregations

This article is about the role of religion in contexts of displacement. The article looks at the role churches and church leaders play in the lives of refugees and more particularly the assistance that these actors provide. The analytical approach is to take into consideration both religious ideas and experiences as well as the everyday practices of people and the socio-economic structures within which they live. The empirical focus is on Congolese Christian congregations in Kampala, Uganda that for the most are founded and attended by refugees. I analyse the forms of assistance that are provided to refugees, how this is conceptualised as well as the practices in a perspective that includes the intersection between religious ideas (compassion and sacrifice) and ideas around social relationships, gift-giving and reciprocity.

scholarly journals O potrzebie antropologicznych badań organizacyjnego wymiaru religii

2021 ◽  
Vol 54 (1) ◽  
pp. 1-17
Author(s):  
Agnieszka Halemba
Keyword(s):  
Qualitative Research ◽  
Religious Experience ◽  
Religious Life ◽  
Religious Organizations ◽  
Lived Religion ◽  
Anthropological Study ◽  
Organizational Aspect ◽  
And Control ◽  
Role Of Religion

On the Need for Anthropological Study of the Organizational Dimension of Religion Qualitative research on religion often overlooks its organizational aspect, even though most of religious life takes place within an organizational framework. Religious organizations are active on many levels: they educate and control religious specialists, shape religious materiality, and in many other ways influence how relationships with the sacred are conceptualized and lived out. The organization of religious life has implications that should be studied by researchers interested in lived religion, especially when they deal with such issues as religious experience, the integrative role of religion, ritual efficacy, and the transmission of practices and beliefs.

Including Islam

2019 ◽  
pp. 410-428
Author(s):  
Stefan Leder
Keyword(s):  
Critical Appraisal ◽  
Islamic Law ◽  
Moral Values ◽  
Political Order ◽  
Historical Research ◽  
Global Theory ◽  
Islamic History ◽  
Islamic Tradition ◽  
Role Of Religion

Weber’s concept of Islam as a cultural configuration including religion, society, and political order was conceived against the backdrop of Europe’s supposed uniqueness and exemplary path to modernity. Yet his ambition of advancing transcultural understanding and exploring a plurality of developmental histories offers inspiration to this day also for the Islamic perspective. Repositioning his ideas about warrior Islam, Islamic beliefs, Islamic law, and patrimonialism in the context of contemporary postcolonial, postmodern, and global theory reveals details, correlations, and perspectives that Weber at the time ignored or omitted. Complementing theory with up-to-date historical research on the Middle East provides further corrections. A critical appraisal of Weber’s approach and the discussions it triggered allows recognition of the dynamics of Islamic history, such as the role of religion and religious authority in the evolution of state–society relations. It also assists in understanding Islamic features of modernity, including fundamentalism and the role of tradition, that inform the tension between moral values and politics. Going beyond the historical limitation of Weber’s assessment of prevalent features of Islam, the vitality of Islamic tradition and its particular pathway to modernity are recognizable in terms corresponding with the intention of Weber’s transcultural approach and its contemporary reinterpretations.

scholarly journals Ecological View From The Perspective of Quranic Verses

2021 ◽  
pp. 105-116
Author(s):  
Muta Ali Arauf
Keyword(s):  
Analytical Approach ◽  
Islamic Law ◽  
Human Beings ◽  
Comprehensive Understanding ◽  
Animal Conservation ◽  
Religious Text ◽  
The World ◽  
Ecological View ◽  
Natural Degradation

This research aims to know the relation between religion and environtment in a deep comprehensive understanding. How religion and environtment in some extents they are too related. In Islam for example, concept of shari’a seemingly agreed and supported the idea of nature and animal conservation. But, in some extent they are contradictive. This contradictive discouse could be seen from any kinds of texts of religious scriptures in how they deal with preservation of nature and animal (killing animal). The role of religious text we may say “yes” that it deal and closely related how the ecological views are constructed. How it overcomes the natural degradation, pollutions for instance. But, religion also should be understood as an orientation of the cosmos and how actually our human existence has an important role to the world. In broadest sense, we understand that religion also means of how people know the limits of reality and how humans interact with their own environment. Religion often talk about the cosmological stories, systems and symbols, ritual practices, norms and ethics, the history, and the institutional structure that transmits the view where human beings as an integral part in the world—and has a sense of responsibility towards nature. This article use the analytical approach in analyizing the issue of religion and environtment. Thus, the relation between Islamic law, Quranic verses and Shari’a are compactible in responding the issue of environtment

scholarly journals Orthodox Christianity contrasted with Buddhism: A brief reflection and comparative analysis

2021 ◽  
Author(s):  
Razvan Tatu ◽  
Angelo Nicolaides
Keyword(s):  
Comparative Analysis ◽  
Systematic Study ◽  
Religious Life ◽  
Orthodox Christianity ◽  
Distinctive Character ◽  
The People ◽  
The World ◽  
Role Of Religion ◽  
Good And Evil

There are diverse living religions in the world, and they exist as they likely meet various needs including the spiritual as well as material, of the people who espouse them. The religions require a systematic study as one looks at their teachings and the religious life they embrace. This article proffers an investigation on the theme of Christianity juxtaposed with Buddhism. It especially looks at themes including the role of religion, ethics, spirituality, prayer, grace, God, considerations of peace, salvation, good and evil and the afterlife. It is evident that there are indeed similarities and overlapping issues but there are equally many differences between these two great global religions. The article concludes that distinctive character of the religions can only be ascertained through an analysis of the fundamental concepts such as those considered in this article.

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