Maqāṣid Al-Shariah in the Contemporary Islamic Legal Discourse: Perspective of Jasser Auda

Nowadays, Muslims are facing various contemporary problems related to the discourse of fiqh or Islamic law. In this case, the old tradition of Islamic jurisprudence is no longer sufficient to answer those problems due to the changes in the context of space, time, culture, and contemporary sciences. Any effort to renew the aspect of methodology must be done in the field of uṣul al-fiqh not only in Islamic jurisprudence. This is the reason that methodological reconstruction is needed in order to make it is able to accommodate the various problems that are disturbing Muslims today. One of Muslim scholars who tried to reconstruct at the level of the methodology of maqāṣid al-shariah is Jasser Auda. For the purpose of reconstructing maqāṣid al-shariah fundamentally, Auda uses a philosophical approach that is multidisciplinary as well as open with various other relevant disciplines as a methodological framework for reforming the study of uṣul al-fiqh and Islamic law. Applying philosophical and historical approach this study found that Auda reconstructs maqāṣid al-shariah by offering six features: cognitive nature, wholeness, openness, interrelated hierarchy, multidimensionality, and purposefulness. Furthermore, Auda gives contribution to the development of Islamic law and human rights. This paper will explore reconstruction as well as the contribution of maqāṣid al-shariah promoted by Auda through the approach of the philosophy of the system

The Legal Framework Of Apostasy in Egypt: A Manifestation Of Secular Reconstruction Of Sharia By A Modern State

The legal consequences of renouncing Islam or apostasy, which include depriving the apostate from some civil rights, and the non-recognition of the act itself by law in Egypt have been usually criticized as a blatant violation of the right to religious freedom. Such criticisms are based on the right’s definition according to international human rights law precisely the International Covenant on Civil and Political Rights. The dominant reasoning for this violation according to the majority of the related literature is the conservative interpretation of Sharia, the principal source of law, that has been adopted by Egyptian judiciary for more than fifty years. The advocates of this point of view argue that such violation could be resolved through adopting more lenient Sharia rulings concerning apostasy. Investigating the situation of apostasy from a broader legal perspective beyond the rhetoric of human rights demonstrates that resolving the complicated legal status of apostasy starts from realizing the legal framework of apostasy in Egypt as a single indication among others of legal pluralism. It is a problem that stems from the conflict between the rulings of both Sharia and IHRL, as law sources, regarding apostasy and their interpretation by the state. In light of its approach regarding constitutional Islamization, the Egyptian state through its legislature and judiciary has maintained the ambiguity of the legal situation of apostasy to balance between its constitutional obligation to apply Sharia and its international obligation to ensure the consistency of its laws with IHRL. Egyptian courts have undertaken this mission through reconstructing the application of some apostasy juristic and legal consequences under some secular legal regulations and the concept of public policy in contrast to the juristic position of apostasy according to Sharia

Imagining Migrants: Racializing Categorizations and Formations of “Beginners”

This study investigates racializing categorizations in relation to the field of migration. The main purpose of this study is to scrutinize the prevailing representational forms of migrant Others. In an attempt to reveal the underlying assumptions in ordering social differentiation, racialization is employed as one of the analytical concepts in this study. By taking a social constructionist point of view, I examine the creation of racial categories as a political project which is rooted in colonialism and persists in exclusionary practices. Locating this study within discussions of new racism, culturalist explanations in the construction of difference are examined in order to reveal how racialization is maintained through inferiorization of culture and naturalization of difference. The connection between racialization and migration reveals itself in the immigration policies. The discursive functioning of “immigrant integration” and “social cohesion” are linked to the way states identify a set of core values to characterize their uniqueness and the modes of belonging vis-à-vis to be integrated outsiders. The empirical part examines racial formations within the field of immigrant integration and asylum reception in Finland. Racial formations of assumed-to-be Muslim asylum-seekers are discussed in relation to the nation-state paradigm and the Orientalist archive of knowledge. The empirical investigation pays attention to the particular socio-historical context in Finland, which is manifested at the intersections of Finnish exceptionalism, welfare state tradition and achievements of gender equality. The research data generated for this study include 11 interviews and the video set introduced by the Finnish Immigration Service, namely Beginner's guide to Finland Part 1 and Part 2

INTEGRATION OF ISLAMIC SHARIA IN NATIONAL LEGAL SYSTEM

The purpose of this study is to answer the formulation of the problem of how is the objective condition of Islamic law in the politics of law in Indonesia and to find a concept to integrate Islamic Islamic law into State law. The research method is qualitative with a normative, philosophical and sociological approach. Substantially, the idea of formalizing Islamic law in Indonesia cannot be maximized without adaptation and reform to Islamic law, namely through ijtihad and maslahat. Every text of the Al-Qur’an and hadith that contains the law must contain maslahat. So that maslahat is an attempt to explore the meaning of the text of the Al-Qur’an. Maslahat is operationally manifested in the form of ijtihad theories, for example; qiyas, maslahah mursalah, istihsan, syad al-zdari’ah and urf. Likewise, maslahat affirmation of laws that are not contained in the Al-Qur’an and hadith, can be confirmative and can also be negative. The identification of maslahat as the essence of maqashid al-sharia is based on 1) the texts of the Al-Qur’an, the majority of which are in the form of amar and nahyu, (2) Illat and wisdom found in al-Quran and hadith, (3) al-Istiqra’

Striking a Balance: Exploring Harmony in Indonesian Criminal Law and Islamic Jurisprudence

The long-established the Indonesian Criminal Code follows a liberal individual's tradition of Dutch criminal law that has always changed. The old criminal code is based on classical and neo-classical thinking, emphasising systematic criminal law structures and legal certainty. The basis of balance in the new criminal code is a response to a base that does not reflect the nation's values. For example, Pancasila is included as a foundation, including the value of the most exquisite element of divinity in its formulation. With the value of divinity, it is necessary to review from the perspective of religious teachings, including Islam. Islamic criminal law reflects the spirit of balance in the criminal provisions of hudud, qisas, and takzir. This article uses a comparative approach and a type of normative research. The results of the article show that the relevance of the primary balance in the new criminal code and Islamic Criminal Law is seen in several aspects, such as the relevancy of the pillar values of the balance in Pancasila, the relevancy of the fundamental balance of the mono-dualistic; the significance of the idea of a balance between the protection of victims and the individualization of criminals; and the fundamental relevance to the balance between formal and material criteria.Hukum pidana Indonesia yang sudah lama digunakan mengikuti tradisi individu bebas dari hukum pidana Belanda yang selalu berubah. Hukum Pidana lama didasarkan pada pemikiran klasik dan neo-klasik, menekankan struktur hukum pidana yang sistematis dan kepastian hukum. Dasar keseimbangan dalam Hukum Pidana baru adalah respons terhadap basis yang tidak mencerminkan nilai-nilai bangsa. Misalnya, Pancasila dimasukkan sebagai fondasi, termasuk nilai unsur ilahi yang paling indah dalam formulasinya. Dengan nilai ilahi, perlu untuk meninjau dari perspektif ajaran-ajaran agama, termasuk Islam. Hukum pidana Islam mencerminkan semangat keseimbangan dalam ketentuan pidana hudud, qisas, dan takzir. Artikel ini menggunakan pendekatan komparatif dan jenis penelitian normatif. Hasil penelitian menunjukkan bahwa relevansi keseimbangan primer dalam kode kriminal baru dan hukum pidana Islam terlihat dalam beberapa aspek, seperti relevansi nilai-nilai pilar keseimbangannya di Pancasila, relevansi ekuilibrasi fundamental mono-dualistik; pentingnya gagasan kestabilan antara perlindungan korban dan individualisasi penjahat; dan relevansi fundamental untuk kesequilibrasi kriteria formil dan materiil

The Maqashid Al-Sharia Ijtihad Approach and The Requirements for a Safe and Healthy Campus Free From Sexual Violence in Indonesian Universities.

AbstrakThis study is a qualitative descriptive library study. The normative (usul fiqh) research method is used to examine the maqashid al-syariah ijtihad method in order to find the values that are helpful when putting together an independent and safe campus free from sexual violence in Indonesian universities. The results of this study found that an independent and healthy campus free from sexual violence is an alternative to the protection and prevention of sexual violence in the university environment in Indonesia. Strengthened through strengthening, including the commitment of the leadership, the formation of a sexual violence protection and prevention task force, conducting socialization and education on various categories of sexual violence crimes, conducting socialization and education on the importance of an independent and healthy campus from sexual violence, providing convenience and security in reporting cases, providing protection for reporters and survivors, and following up on each report. It is certain that the maslahat values found provide benefits (maintenance of religion, self, mind, property, and offspring) for the academic community. Researchers find these values through the ijtihad maqashid al-sharia method, employing istiqra' (inductive research or study) and al-ma'qul (logic) for determination

Designing and developing a model for quality management and best practice for the Translation Unit of the Pan African Parliament

A Dissertation Submitted to the Faculty of Humanities, University of Witwatersrand in Fulfilment for the Award of the Degree of Master of Arts in Translation and Interpreting Studies, March 2017Using the Translation Unit of the Pan African Parliament (PAP-TU) as a case study, this research set out to find a comprehensive method for assuring the quality of the translation services of non-commercial organisations. This aim is fulfilled through achieving two objectives: firstly, assessing the current situation of the PAP-TU; secondly, building a model for quality management and best practice to assure the quality of the services of the PAP-TU. In addition to solving the problem at hand, this research is motivated by exploring new areas of translation studies, engaging in the ongoing debate around the topic and contributing to the body of knowledge in this lessexplored area. To achieve the objectives of the research, a qualitative empirical study was designed to examine the correlation between ‘adopting a quality management model’ and ‘assuring translation quality’. An action research method was used to inform the outcome of the study and to provide a framework for its design. For achieving the first objective, a case study research method was used to assess the current situation of the PAP-TU. The data was collected through interviews, fieldwork observation and archival research techniques; a grounded theory technique was used for analysing the data. A modelling research method was used for achieving the second objective: creating a quality model for the PAP-TU. The study finds that the current approaches to translation quality are unable to assure the quality of the translation services of non-commercial organisations and that there is a need for a more holistic model. The main outcome of the study is the creation of a quality model for the PAPTU. The study has reached many conclusions; the most important of which are: firstly, there is a shift in the translation field from considering translation as a craft or art to professionalization and industrialisation; secondly, the study confirms the gap between translation theory and practice. The study recommends conducting more research in the field of translation quality management as a growing branch of translation studies and in freelancing as an important type of employment for translators. The study also recommends designing translators’ training programmes after studying the market to address the latest needs and trends in the market.XL201