Humanitarian International Law in Islam: A General Outlook

This article covers the following topics: humanitarian law and humanistic law, general concepts of humanitarian international law in Islam: armed conflict of a non-international nature and armed conflict of an international nature, and wars against polytheists and apostates

Principles Governing a Fair Trial under Islamic Jurisprudence and International Law

A fair trial along with the preservation of human dignity is one of the most important features of Islamic judicial measurement and is a guarantee for individuals to enjoy the fundamental principles of human rights such as freedom and equality. The administration of judicial justice is not only possible due to the existence of substantive laws, but also its executive and formal methods have a prominent and important role in this field, which is also understood by the international judicial system today. However, the weakness of human thought in formulating comprehensive and efficient laws prevents the realization of justice and the achievement of a fair trial. The present article - with a descriptive-analytical method - deals with the formal and principled laws in a fair trial from the perspective of the Islamic judicial system and concludes that the Islamic judicial system includes principles that guarantee the rights of the accused to the highest degree and observe and include this Formal principles and rules in law are a step towards establishing justice in judicial proceedings; However, these laws have been approved and emphasized much earlier than other systems along with the preservation of human dignity in the Islamic judiciary

A Proposal for a Community Development Training Program for Afghan Women in Exile as Agents of Change

It is illegal in today\u27s Afghanistan if a strange male hears a woman\u27s voice or the sound of her footsteps. The man will be provoked and it is the fault of the woman and she should be punished. This is an example of misinterpretation of Islam being enforced by the Taliban in Afghanistan since 1996. Afghan women suffer from disparity in terms of education, employment and participation in their country\u27s development process. Traditionally, women in Afghanistan have had an important symbolic role as the core or heart of the society. Women have been seen as the primary vehicle for passing Islam from one generation to the next. Above all, women in Afghanistan symbolize honor. However, Islamic extremists believe that educating women or allowing them to move freely in public engulfs the nation in sexual anarchy, destroys the family and brings dishonor to the society. These declarations have been proclaimed in the name of holy Islam and the rich culture of the Afghans. Islam is an important part of Afghan\u27s lives, as it defines their roles and lays out the principles for leading one\u27s life. However, due to the lack of Islamic knowledge by self-declared Afghan religious leaders, there exists in Afghanistan today a distorted version of religion. Under the Islamic laws, a woman has the right to education and work outside her home. The restrictions on women\u27s status and movement in Afghanistan are due to the country\u27s political instability during the past two decades. With the advent of political conflict and religious movement, women\u27s development issues and gender policies have been changing frequently within radical Islamic and liberal ideas since the 1970s. The status of women has been perceived to be a great socio-political problem. With the flight of half the Afghan population in exile, the issue of women is take outside of the country. Away from the culture of oppression, there must be ways and means to challenge patriarchal ideology. I believe a process of social change including community mobilization in favor of women\u27s empowerment is needed to sustain their participation and overcome resistance. Thus, to this participation, the Afghan women in exile must shoulder the responsibility to take action and critically quest the silence of causes and effects of oppression. As an Afghan woman, having been displaced for more than two decades, and based on my field of experience, I believe there is a need for strong movement through community organization to promote Afghan women\u27s active participation in the restoration of the legitimate rights, which they enjoyed before. I propose a program of nonformal education for community development for a group of Afghan women in exile as agents of change. The program will be conducted in the form of a pilot workshop with the assistance of an internal organization, which is committed to the Afghan Women\u27s Organizations in Pakistan, the neighboring country of Afghanistan. The activities of the training program will be carried out according to short-term and long-term objectives. This program will be offered as an alternative approach to the Western paradigm of women\u27s development. Formulation of this program will be based on Islamic knowledge, the Holy Quran and Hadith (the sayings of Prophet Mohammed) that will foster and support indigenous knowledge. I begin by looking at the socio-cultural background of Afghanistan. I describe the frequent political changes and highlight the main problems interfering in the process of social and economic development in the country. Then, I review traditional community history and look at the process of women\u27s development and gender policy in Afghanistan. Against these perspectives, I try to explore an alternative solution for the empowerment of Afghan women through nonformal education. I am seeking a suitable approach and search for useful lessons in order to bring change and sustainability in the condition of the lives of Afghan women. Because the main focus of this program is on the empowerment of women, I discuss this topic in order that the reader can see different versions of empowerment in the context of the West and a traditional society like Afghanista

English translations of the Quran by women : different or derived?

The study of gender as an analytical tool in Translation Studies has highlighted women's position as translators and creators of meaning and has opened the way for questioning established realities, "truths" and norms created by the dominant male voice. The aim of this research is to study four English translations of the Quran by women: The Quran, Arabic text with Corresponding English Meaning (1995) by Umm Muhammad, The Light of Dawn (1999) by Camille Adams Helminski, The Holy Quran: Translation with Commentary (2006) by Taheereh Saffarzadeh and The Sublime Quran (2007) by Laleh Bakhtiar, in order to determing whether these women translators are challenging or reproducing patriarchal gender hierarchies through their renditions of the Sacred Text of Islam. An important second thread is to investigate the assumption that a translator's feminine gender automatically results or leads in/to a woman-centred or feminist reading of the source text. Considering that scholars working on gender and translation have focused on various elements of the translation process, in this study, my research questions revolve around four main areas, namely (1) the role of paratexts, (2) the extent of interventions in the Sacred Text (3) linguistic choices, and finally (4) interpretation of gender-related terms. In order to address these questions, I will adopt a critical and comparative analysis between the four individual English translations of the Quran by women, the original Arabic text, and, occasionally, other English versions translated by men. The main findings reveal that there is a deep divide between translations produced by women translators living in Muslim majority countries and those living in the United States. Finally, this research suggests that the study of women's role as translators of religious texts in different cultural, social and religious settings could help produce a more nuanced and critical view of the impact of the translator's gender on his/her work

Philosophy of Islamic Education: environmental and behavioral pathology of children's religious education

This study was conducted with the aim of environmental and behavioral pathology of religious education of children. The research method was descriptive and content analysis. Studies show that the foundation of religious education of children is closed in the family and children are the expression of parents' beliefs and behaviors and they are silent but effective teachers of children; Also, school and friends, as formal and informal spaces that complement their personality, are parallel to the phenomenon of cyberspace, environments whose characteristics have a significant impact on their inclination or non-inclination to religious issues; In the behavioral dimension, the findings indicate that harms such as: upbringing, humiliating behaviors, unjustified harshness and discrimination, etc. are among the incorrect methods that can be inflicted on children by those around them. Suggestions: Promoting media literacy of families, raising children's values, creating a bridge between family and school, paying serious attention to attracting committed people and taking care of the expansion without supervision of non-profit schools

The Concept of Legal Intensity: Harmonizing God’s Rule within Constitutional Law

The study aims to discover the idea of legal intensity in the context of the harmonization of God's rule into Constitutional Law. The method used is qualitative. The results showed that the idea of legal intensity in the context of harmonising God's rule into Constitutional Law is necessary. The harmonization is in line with the theory of the purpose of the law for the benefit of servants in the world and the hereafter. Constitutional law during the Prophet Muhammad SAW is the best example. The legal intensity regulates how to achieve a better life, specifically constitutionality. When the country's laws are of superior quality, then Allah Swt will prosper the country. The provisions in Article 29 Paragraph 1 of the Constitution of the Republic of Indonesia of 1945 state that the state based on the One True God in substance contains the principle of tawhid by God's rules. Students' views on harmonising God's rule into Indonesian Constitutional Law generally agree with the idea of legal intensity. The idea of legal intensity among them has universal criteria: the path of God Almighty's rule, sincerity, gratitude, bound by promises to God, with God, fitrah, quality of law, scientific responsibility, Adat basandi syara' syara' basandi kitabullah syara' mangato adat mamakai. Students agreed because the idea of legal intensity was very good and influential in realizing the state's goals.Penelitian bertujuan untuk menemukan gagasan intensitas hukum dalam konteks harmonisasi aturan Tuhan ke dalam Hukum Tata Negara. Metode yang digunakan adalah kualitatif. Hasil penelitian menunjukkan bahwa gagasan intensitas hukum dalam konteks harmonisasi aturan Tuhan ke dalam Hukum Tata Negara sangat diperlukan. Harmonisasi tersebut sejalan dengan teori tujuan hukum untuk kesejahteraan hamba di dunia dan akhirat. Hukum tata negara pada masa Rasulullah SAW merupakan contoh terbaik. Intensitas hukum mengatur cara mencapai kehidupan yang lebih baik, khususnya tentang konstitusionalitas. Ketika hukum negara berkualitas unggul, maka Allah Swt akan memberkahi negara tersebut. Ketentuan dalam Pasal 29 Ayat 1 Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 menyebutkan bahwa negara berdasarkan Ketuhanan Yang Maha Esa secara substansi mengandung prinsip tauhid oleh aturan Tuhan. Pandangan mahasiswa tentang harmonisasi aturan Tuhan ke dalam Hukum Tata Negara Indonesia umumnya setuju dengan gagasan intensitas hukum. Gagasan intensitas hukum di antara mereka memiliki kriteria universal: jalur aturan Tuhan Yang Maha Esa, ikhlas, syukur, terikat oleh janji kepada Tuhan, bersama Tuhan, fitrah, mutu hukum, tanggung jawab ilmiah, Adat basandi syara' syara' basandi kitabullah syara' mangato adat mamakai. Mahasiswa setuju karena gagasan intensitas hukum sangat bagus dan berpengaruh dalam mewujudkan tujuan negara

Analysis of parental choice : islamic school enrollment in Florida

The purpose of this study was to discover and interpret reasons Florida parents enrolled their children in Islamic schools. A selection of 30 parents from 3 different schools in Florida were interviewed by the researcher using a semistructured interview guide which used both oral and written responses. The sample was matched according to the gender of parents interviewed - 15 mothers and 15 fathers were interviewed. the sample was matched according to the gender of the referent child. Out of 30 referent children, 15 were female and 15 were male. The researcher included children of all grade levels. Fifteen were from primary grades (1-5) and 15 were from secondary grades (6-12). The researcher served as the primary instrument for data collection. Data were summarized and reported in a descriptive format addressing each research question. Results indicated that the first reason for choosing Islamic schools was religious; the second reason was sociocultural and the last reason was academic. Many parents who enrolled their children in Islamic schools strongly envisioned the need to create schools where children could pursue the Islamic knowledge, preserve Islamic identity and develop the Islamic personality. Parents wanted the guard and shield their progeny from the negative influence (violence, drugs, promiscuity, prejudice, etc.) of the public schools. The academic concern was not a major reason for the majority of responding parents. A significant finding affirmed that Islamic education does not separate between religious and social factors. Findings indicated that parents were more attracted to Islamic schools than dissatisfied with public schools. Muslim parents were concerned with retaining their children\u27s identity and religious commitment. At the same time, they wanted them to learn in a safe environment which galvanized them against negative effects of the dominant culture, and be able to survive the tide of assimilation, secular pressure and moral deterioration