Digital Commons Network^™

Owls In Islam And Pakistan: Loopholes And Suggestions For Conservation And Management Of This Highly Ecologically Important Niche, Mubasher Hussain, Jamil Akhtar

Journal of Bioresource Management

Due to their vital ecological significance, owls drew the attention of several groups working on wildlife protection and conservation management across the globe. Hence, certain legal provisions have been articulated in the wildlife protection acts of the advanced countries to ensure full legal protection of wildlife including owls. Although there are certain laws concerning the protection of wild life in Pakistan, the specific and consistent legal provisions are still required for owl’s full protection. This article highlights a dire need of the articulation of such provisions respecting the prohibition of owl hunting on several religious, legal and ecological grounds.

Playing At The Crossroads Of Religion And Law: Historical Milieu, Context And Curriculum Hooks In Lost & Found, Owen Gottlieb

Articles

This chapter presents the use of Lost & Found – a purpose-built tabletop to mobile game series – to teach medieval religious legal systems. The series aims to broaden the discourse around religious legal systems and to counter popular depiction of these systems which often promote prejudice and misnomers. A central element is the importance of contextualizing religion in period and locale. The Lost & Found series uses period accurate depictions of material culture to set the stage for play around relevant topics – specifically how the law promoted collaboration and sustainable governance practices in Fustat (Old Cairo) in twelfth-century …

Characteristics Of Trust (Waqf) In Islamic Law (Sharea’A), Khaireldeen Taleb

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

The paper consists of an introduction and two chapters, namely, definition of Waqf in language and convention and characteristics of Islamic Waqf. In the introduction, the author studies the importance of Waqf. Furthermore, he surveys the literature review and introduces his methodology. In the first chapter of the paper, the author explains the meaning of the term “Waqf” and its legality in the Quran, Sunna, jurisprudential provisions, and scholars’ opinions. The second chapter provides an overview of the characteristics of Waqf, its importance, and its effect on the state as well as individuals. Among these characteristics are divinity, positivism, humanity, …

Muslims’ Religious Freedom And Religiosity: Measurement And Impact, Hannah M. Ridge

Political Science Faculty Books and Book Chapters

Multiple measures of religious freedom and states’ regulation of religion are at work in sociology of religion. These scales apply one score to a country or to a subset of its policies. A uniform state score conceals the internal religious diversity and the heterogeneous experiences of religious freedom that can result. These, in turn, encourage ecological fallacies and mask the disparate impact that religious freedom for one’s own community and for other groups can have on individuals’ preferences and decisions. To demonstrate the value of measuring and studying religious freedom at the individual level, this study applies individual-level assessments of …

Verification And Explanation Of The Prophetic Traditions (Hadiths) Of Kindness To Animals, Helmi Abed El- Hadi

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

This research includes a collection of Hadiths (prophetic traditions) mentioned by Prophet Mohammad (Peace and blessings of Allah be upon him), in which he urged Muslims to deal kindly with the animals when Muslims use these animals for all purposes like riding, loading milking and even slaughtering them.

The researcher has also verified the authenticity, judged and explained all of these respective Hadiths in a wise way to show the greatness of Islam in dealing with animals; he was neither lengthy nor short. In fact, the greatness of Islam is clearly shown in dignifying these animals which, in turn, entails …

State Regulation Of Religion: The Effect Of Religious Freedom On Muslims' Religiosity, Hannah M. Ridge

Political Science Faculty Articles and Research

Substantial scholarship argues that regulation of religion suppresses religiosity in a community by reducing individuals’ satisfaction with their religious experience. To date this research has assumed that regulations are enforced on and affect religious communities uniformly. It has also focused heavily on Western Christian populations and aggregated national data. We suggest that state regulation of religious communities and behaviours impacts citizens differently based on their affiliation. Using individual-level assessments of freedom and religiosity from Muslim-majority countries, we show that, at the individual level, restricting freedom suppresses religious belief and behaviour. Restrictions on religious minorities, however, can increase religiosity. As such, …

Abortion In Islamic Law And Its Intersection With Human Rights, Andini Naulina Rahajeng

Journal of Islamic Law Studies

Abortion was legally restricted in almost every country by the end of the nineteenth century. Abortion is a controversial topic due to its involving with fundamental morals, ethics, and religious concerns. Legal restrictions on abortio n do exist throughout Islam jurisprudence, though allowed only with emergency circumstances. Nowadays, people become more aware of abortion as a part of human rights, as it is considered female autonomy over her body and part of reproductive rights. Abortion considered should be legally allowed and accessible to women. This paper will describe the construction of abortion in Islamic Law and the awareness of abortion …

Studi Maqashid Asy-Syariah Atas Peristiwa Pidana: Pelecehan Seksual Melalui Media Elektronik Dalam Penagihan Utang-Piutang Fintech Ilegal

Journal of Islamic Law Studies

The rise and implementation of Fintech is a result of the formation of lifestyle and consumptive behavior. This pattern of consumption behavior bases the use of commodities on desire and not on need. This happens because people continually want to complete their desire to own or use something that is beyond their needs even though they are still financially unable. One of the behaviors was exploited by Fintech, which provides financing services illegally. Illegal Fintechs are considered dangerous because they are not subject to and comply with existing regulations so that the potential deviation in the implementation process can be …

Hukum Kredit Kepemilikan Rumah (Kpr) Dalam Perspektif Islam, Ira Apriyanti

Journal of Islamic Law Studies

Home is one of the primary needs that must be reached. The importance of sufficing these needs causes the demand for homes is increasing every year. Compared to 2018, the growth of Home Ownership Loans (KPR) in January 2019 increased by 147 basis points (bps) from the original 10.89% to 12.36%. It is estimated that credit growth is expected to increase in line with optimism about the strengthening monetary and economic conditions, supported by the risk of lending that is relatively well maintained. But to fulfilling these needs, not every person can easily buy a house in cash. As a …

Tinjauan Hak Asasi Manusia Terhadap Perilaku Lesbian, Gay, Bisexual, Transgender, Dan Queer (Lgbtq) Dalam Perspektif Hukum Islam

Journal of Islamic Law Studies

No abstract provided.

Investasi Syariah Dalam Rangka Menegakan Prinsip Syariah, Nur Alim Arrazaq

Journal of Islamic Law Studies

No abstract provided.

Tinjauan Hukum Islam Terhadap Larangan Kawin Sasuku Di Masyarakat Minangkabau, Vidya Nurchaliza

Journal of Islamic Law Studies

Customs in Minangkabau are known as customs that are along with Islamic norms. Almost all cultures in Minangkabau are Islamic teachings that are followed by the majority of the Minangkabau people. However, there is one custom that causes polemic in the community, namely the prohibition of marriage of Sasuku. Whereas in Islamic Law there are no prohibition of marriage with one tribe. On the other hand, according to Indonesian marriage law, a legal marriage is a marriage made according to the religion and beliefs of the bride and groom. This research was conducted using the normative juridical method of secondary …

Tinjauan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 Sebagai Konstitusi Yang Islami, Raihan Hudiana

Journal of Islamic Law Studies

The Constitution as a form of collective agreement is an important document containing values to be the highest referral system in regulating the life of nation and state. Looking at the sociological fact that Muslims are the majority in Indonesia, the spirit that was built at the beginning was to ensure the absolute necessity of how the basic values and main concepts of Islam can be fulfilled, while keeping in mind the needs and ensuring the rights of people from other religions. The view of some Muslims who assume founding father Indonesia has injured the spirit of the struggle of …

Quo Vadis Hukuman Pidana Kebiri Kimia Bagi Pelaku Kejahatan Seksual Pada Anak Di Indonesia, Ainunnisa Rezky Asokawati

Journal of Islamic Law Studies

Sexual assault committed against children become one of the polemics in the society. The government as the state protector accommodates the polemic by making the law in form of Law Number 17 of 2016 concerning the Stipulation of Government Regulation in place of Law Number 1 of 2016 concerning Second Amendment to Law Number 23 of 2002 concerning Child Protection. The regulation accommodated the society’s need by arranging punishment for the perpetrators of sexual assault affecting children cases. Article 81 of Law Number 35 of 2014 in the form of first amendment to the Child Protection Law concerning criminal threats …

From The Ulama To The Legislature: Hermeneutics & Morocco’S Family Code, Rachel Olick-Gibson

Independent Study Project (ISP) Collection

This study examines the role that Islamic law has played thus far in reforming the Moroccan Family Code, also known as the Moudawana. When King Mohammed VI reformed this law in 2004, Morocco received immediate international praise for its liberal strides towards gender equality. Through this study I investigated the hermeneutical tools and methods of ijtihad employed both by the drafters of the Moudawana and by activists leading up to the 2004 reforms. I then investigate impediments to the implementation of this Code in providing substantive legal rights to Moroccan women and the role that interpretation of Islamic law plays …

Lost & Found: New Harvest, Owen Gottlieb, Ian Schreiber

Presentations and other scholarship

Lost & Found is a strategy card-to-mobile game series that teaches medieval religious legal systems with attention to period accuracy and cultural and historical context.

Set in Fustat (Old Cairo) in the 12th century, a great crossroads of Islam, Judaism, and Christianity. The Lost & Found games project seeks to expand the discourse around religious legal systems, to enrich public conversations in a variety of communities, and to promote greater understanding of the religious traditions that build the fabric of the United States. Comparative religious literacy can build bridges between and within communities and prepare learners to be responsible citizens …

Acts Of Meaning, Resource Diagrams, And Essential Learning Behaviors: The Design Evolution Of Lost & Found, Owen Gottlieb, Ian Schreiber

Articles

Lost & Found is a tabletop-to-mobile game series designed for teaching medieval religious legal systems. The long-term goals of the project are to change the discourse around religious laws, such as foregrounding the prosocial aspects of religious law such as collaboration, cooperation, and communal sustainability. This design case focuses on the evolution of the design of the mechanics and core systems in the first two tabletop games in the series, informed by over three and a half years’ worth of design notes, playable prototypes, outside design consultations, internal design reviews, playtests, and interviews.

Membongkar Esensi Dasar Sila Pertama Pancasila: Internalisasi Pemikiran Islam Mohammad Arkoun Dalam Konsep Ketuhanan Yang Maha Esa, Nadila Mahilaveda Annafikarno, Ahmad Alfarizy

Journal of Islamic Law Studies

Belief in the One and Only God as the first principle of Pancasila has hierarchical implications which are the prerequisites for realizing the next precepts. If traced, Soekarno had the concept that the belief in the one and only God does not mean that God is only one universally, but that understanding can only be owned by religious people and stored in belief. But in Pancasila, the nature of the one value is interpreted that it is noble for all Gods who are just, merciful and merciful who must be imbued with one spirit by all Indonesian people. In the …

Dinamika Penerapan Ijtihad Bidang Hukum Ekonomi Syariah Di Indonesia, Zaitun Abdullah, Endra Wijaya

Jurnal Hukum & Pembangunan

The development of Islamic economic conceptually and practically is so dynamic. In response to such condition, the presence of apt law becomes important to regulate or manage Islamic economic activities. Even though Al-Quran and Hadith already become main source and basic for all activities, but business actors still need several guidelines in doing Islamic economic activities. In this point, ijtihad could be such kind of instruments to help business actors run and involve in Islamic economic activities with its recent development. One of the forms of ijtihad is fatwa. In Indonesia, Indonesian Council of Ulama (Majelis Ulama Indonesia or MUI) …

Islam In The Mind Of American State Courts: 1960 To 2001, Marie Failinger

Faculty Scholarship

This project reviews how American state courts portrayed Islam and Muslims from 1960 until September 11, 2001. The purpose of this project is not to construct some overarching theoretical framework to explain American social and legal views of Islam and Muslims, though I will necessarily interpret what the cases say to some extent. Given the lengthy time period involved, the number of cases in which Muslims or Islam are referenced, and the fact that these cases come from many states, it seemed prudent to defer to others who have constructed critiques of the way American law as a whole has …

Effect Of Religious Legislation On Religious Behavior: The Ramadan Fast, Hannah M. Ridge

Political Science Faculty Articles and Research

State laws compelling citizens to comply with elements of religious law – also known as religious legislation – are globally pervasive. Previous research has well documented the incidence of myriad examples of religious legislation. These laws’ practical effect on citizens’ behavior, however, has been less examined. This article looks at the effect of one piece of religious legislation: state laws enforcing the Ramadan fast. It demonstrates that the use of state power to sanction violations of religious law significantly increases citizens’ compliance with this religious law.

Why Should Law And Policy Makers Understand Extremist Beliefs? The Islamic State (Isis) As A Case Study: Past, Present, And Future, Ali Rod Khadem

Lewis & Clark Law Review

The overarching argument in this Article is that inadequate comprehension of extremist doctrines undermines efforts in law and policy. Selecting the Islamic State (ISIS) as a case study, this Article attempts to resolve three legal and policy dilemmas by exposing internal ISIS doctrine (i.e. by considering the perspectives of the movement itself). This focus on ISIS is justified, for despite the movement’s recent territorial decline, it is precisely its doctrine and ideology that will persist and enable the rise of 2.0 and 3.0 movements modeled after the prototype. In considering ISIS, the aim here is to demonstrate the general need …

Post Secularism And The Woman Question, Lama Abu-Odeh

Georgetown Law Faculty Publications and Other Works

I will discuss the “woman question in post secularism” by offering my critique of Saba Mahmood’s book “Politics of Piety: The Islamic Revival and the Feminist Subject”. But before I do so, let me just state that I am a legal academic and I am not a reader of the field of anthropology. I am unfamiliar with the theoretic jargon of the discipline- even less so of the jargon of the subfield, anthropology of religion from which Politics of Piety hails. Each discipline is autonomous more so fields of study within each discipline. Those fields usually coalesce around a celebrity …

An Appraisal Of Maqāsid Al-ShariʿAh Classic And Recent Literature: Systematic Analysis, Ahmad Syukran Baharuddin Asb, Wan Abdul Fattah Wan Ismail Wafwi, Lukman Abdul Mutalib Lam, Muhammad Hazim Ahmad Mha, Ruqayyah Razak Rr, Nurul Syahirah Saharudin Nss, Muhammad Aiman Abdull Rahim Maar

Library Philosophy and Practice (e-journal)

Maqāsid al-Shariʿah has been typically defined as the objectives behind the Islamic rulings or the Shariʿah higher intent. This knowledge is very important for the mujtahids and Islamic scholars not only to understand or interpret the Shariʿah legal texts, but also to deduce solutions for contemporary problems faced by Muslims. Maqāsid al-Shariʿah is traditionally divided into three levels of necessity, which are necessities (al-Ḍaruriyyāt), needs (al-Ḥajiyyāt), and luxuries (al-Taḥsiniyyāt). Extensive discussion of maqāsid al-shariʿah in Islamic jurisprudence has led to the classification of five elements of preservation, inter alia, protection of faith or …

Respect The Non Intervention, Disrespect The Humanity, Uum Humairoh

Journal of Islamic Law Studies

The non-intervention means that the equal sovereign states shall not intervene in each other’s internal affairs. The non-intervention would be regarded as an equivalent of non-intervention. The countries have obligation to obey this term to avoid other country’s intervention. Sometimes, it brings positive impact to the country, meaning that the country can stand alone to handle any issues, internal or external.

However, as the time goes by, this issue of non-intervention has become debatable. ASEAN, regional organization in South East Asian, has used this term as basic prin- ciple to run the organizational function. ASEAN cannot be involved in the …

Making The Best Out Of The Worst: Utilizing Indonesia’S Existing Laws To Protect Asylum Seekers In Transit, Tanita Dhiyaan Rahmani

Journal of Islamic Law Studies

Being a party in the 1951 Convention on the Status Relating to Refugees and its 1967 Protocol is not an exclusive solution to legal protection of asylum seekers and refugees in Indonesia. Although the Government of Indonesia has not ratified both instruments, it has acknowledge the protection of asylum seekers and refugees under the People Consultative Assembly (MPR) Decree Number XVII Year 1998 and Law Number 37 year 1999 regarding Foreign Relations. A 2016 United Nations High Commissioner for Refugees reported that Indonesia has become a transit destination for more than 13,000 asylum seekers and refugees, including nearly 1,000 Rohing- …

Protecting Rohingya Refugees In Asean: The Contested Human Rights In The World Of Na- Tion-States, Nurul Azizah Zayzda

Journal of Islamic Law Studies

This paper departs from the concern that states’ policy towards refugees and asylum seekers around theworld has not necessarily encouraged a true meaning of refugee protection. Instead, the policy related to their situation has been founded on the ba- sis of states’ rights to accept asylum. In consequence, there have been always cases of refugees living in limbo, denied from protection or even deported to their home countries. The fact however needs to be not taken for granted, to be acknowledged as result of construction by wide range of actors; states, intergovernmental states, international non-governmental organizations, individuals, etc. This paper …

Building Peaceful Coexistence Between Rohingya Refugees And Buffer Com- Munities In Langsa City And East Aceh, Yulia Rina Wijaya

Journal of Islamic Law Studies

The arrival of Rohingya refugees in East Aceh in 2015 is different, in terms of num- ber and people’s response. From the first week to the beginning of the third month, aids flow in daily, piling up at government warehouses. So many people from the Langsa City and neighbouring areas come to see the refugees or offer helps. Sponta- neous social solidarity is evident out of collective memories of Tsunami disaster and spiritual connection. Impact of Rohingya refugees presence that receive humanitari- an aid from many local, national and international organizations which put refugees too special and full of aid …

Orientation Of Zakat As Humanitarian Assistance To Rohingya Refugees In Indonesia, Nur Mohamad Kasim, Mellisa Towadi

Journal of Islamic Law Studies

The aim of this writing, reviewing the existence of Zakat as humanitarian assistance can be allocated for the Rohingya refugees who are in Indonesia. Given zakat is of national income devoted to indigenous citizens. This writing is normative, is the principal legal study is conceived as norms or rules which apply, both Islamic Law and International Law. Moreover, the authors did a qualitative approach through the study of Islamic law and supported the chart data on Zakat nationally and internationally. In the conclusion showed, firstly, the Rohingya refugees stranded in Indonesia must be given humanitarian aid as well as …

The Plight Of Rohingya People In Bangladesh: Access To Justice And Human Rights Protection, Shyikh Mahdi

Journal of Islamic Law Studies

Bangladesh has a long history of hosting Rohingya from the Northern Rakhine State of Myanmar with the earliest arrivals recorded in 1948. The recent influxes occurred in last few years forced a large number of Rohingya to flee to Bangladesh in the wake of serious state repression in Myanmar. This huge influx of refugees without proper reception and attention from the Bangladeshi side caused severe humanitarian crisis; the appalling conditions of the refugee ghettos are gradually deteriorating. Desperate for their survival, the Rohingya people are infiltrating into various levels of socio-economic structures of Bangladesh without any proper plan/management policy. Often, …