This document discusses the concept of siyasah shar'iyyah or legitimate politics in Islamic law. It provides definitions from classical Islamic scholars who defined siyasah as organizing human affairs and welfare according to sharia principles. Siyasah was understood as discretionary punishments or statutes issued by rulers to govern statecraft. The document outlines the conditions for siyasah shar'iyyah, stating it must comply with sharia, not contradict scripture, and rely on methods of legal reasoning like public interest. The goal of siyasah is achieving public welfare and interests of communities through governance.
Is Ethics Relevant in Politics?
Mapping Positions on Ethics in Politics
Traditions and Ethics in Politics
Indian traditions
Muslim traditions
A common mistake;
The rule of law entails government accountability, equal access to justice and the political
process, efficient judicial and political systems, clear laws, generally stable laws, and the
protection of fundamental human rights. This paper explores whether Islamic law
conforms to these principles in theory and in practice. Three conclusions are reached.
First, various early Islamic institutions were meant, in some respect, to serve one or more
of these principles. Second, the institutions in question lost effectiveness over time.
Finally, the relevant Islamic institutions are now generally out of date.
Pancasila Democracy to Religious Socialism and Its Chance against Law Based O...inventionjournals
Ideology within a country influences both law and economic policy. Economic capitalism, socialism, Islamic economy and also the economy of Pancasila has its own character in which will influence the level of welfare of the society of Indonesia with the constitution and ideology of Pancasila philosophy has led to a value order of national and state law on the foundations of economic values of Pancasila, which provides opportunities to accommodate the religious law, including the law derived from zakat which incidentally is one of the elements of the Islam religious law into legislation. It is a part of capacity in carrying out functions of the state to realize the ideals of justice and public welfare.
Is Ethics Relevant in Politics?
Mapping Positions on Ethics in Politics
Traditions and Ethics in Politics
Indian traditions
Muslim traditions
A common mistake;
The rule of law entails government accountability, equal access to justice and the political
process, efficient judicial and political systems, clear laws, generally stable laws, and the
protection of fundamental human rights. This paper explores whether Islamic law
conforms to these principles in theory and in practice. Three conclusions are reached.
First, various early Islamic institutions were meant, in some respect, to serve one or more
of these principles. Second, the institutions in question lost effectiveness over time.
Finally, the relevant Islamic institutions are now generally out of date.
Pancasila Democracy to Religious Socialism and Its Chance against Law Based O...inventionjournals
Ideology within a country influences both law and economic policy. Economic capitalism, socialism, Islamic economy and also the economy of Pancasila has its own character in which will influence the level of welfare of the society of Indonesia with the constitution and ideology of Pancasila philosophy has led to a value order of national and state law on the foundations of economic values of Pancasila, which provides opportunities to accommodate the religious law, including the law derived from zakat which incidentally is one of the elements of the Islam religious law into legislation. It is a part of capacity in carrying out functions of the state to realize the ideals of justice and public welfare.
The term Sharia itself derives from the verb shara'a, which according to Abdul Mannan Omar's
Dictionary of the Holy Qur'an connects to the idea of "spiritual law" (5:48) and "system of
divine law; way of belief and practice" (45:18) in the Quran.
Principles of Islamic Governance and Leadership Week 1 LectureAbdirahman Nur
These are the lecture notes of the course "Principles of Governance and Leadership in Islam" which I teach at the School of Graduate Studies, University of Hargeisa, particularly in M.A. in Governance and Leadership classes.
Principles of Islamic Governance and Leadership week 4 lectureAbdirahman Nur
These are the lecture notes of the course "Principles of Governance and Leadership in Islam" which I teach at the School of Graduate Studies, University of Hargeisa, particularly in M.A. in Governance and Leadership classes.
Uniform Civil Code and Its Legal DimensionsQUESTJOURNAL
ABSTRACT: This paper primarily talks about the concept of the Uniform Civil Code and its legal dimensions. In this paper, we have tried to examine the basic essence of the Uniform Civil Code and what does it mean and its legal prospective and theories. This paper commences with the introduction to the Uniform Civil Code in which it defines the concept of the Uniform Civil Code and also discusses about its origin or where it has derived from. It briefly talks about the history of the Uniform Civil Code and then discusses about the relationship of the Uniform Civil Code with the personal laws. In this part it discusses how the personal laws, play an important role when it comes to the formation of the Uniform Civil Code. It further discusses the need or desire for the Uniform Civil Code under this part itself, that whether the Uniform Civil Code should be implemented or not and what are the pros and cons of the same. As we further proceed towards the approach of the research paper, this paper discusses about the relationship of the Uniform Civil Code with the Secularism and discusses how the implementation of the Uniform Civil Code may lead to the disintegration of the nation and how this will lead to the breakdown off the peace and harmony among the people. Then it further discusses about the Uniform Civil Code and the constitutional guarantees. As we further proceed, then it discusses about the relationship between the Uniform Civil Code and the gender justice and human rights. This paper also talks about the judgements and the take of the Indian Judiciary towards the Uniform Civil Code. Last but not the least, this paper concludes with certain sets of recommendations and conclusions. This paper aims to spread knowledge and make the readers inquisitive about their approach on the topic of Uniform Civil Code and its Legal Dimensions.
Immigration Overhaul
Owing to impending changes in UK’s laws, there is good news for Indians as skills rather than nationality will matter, creating a level playing field for all migrants
Formulation of Business Fiqh Contemporary (Formulation of Sharia Maqashid E-C...AJHSSR Journal
ABSTRACT: The formulation of Islamic law is based on a universal-humanity foundation, covering worldly
and hereafter interests, aiming to make people happy protect them from evil and destruction, and Islam is
suitable in various conditions, times and places. There is a greater difficulty if the development of Islamic law
does not want to go through the path of the goals of Islamic law, or at least the general principles of Islamic law.
Therefore, in the development of Islamic legal thought, thinkers are relatively quick to agree on ‗mashlahah‘ as
‗maqashid sharia‘ or what is more popularly known as the goal of Islamic law. More than that, maslahah in its
development is not only a legal goal but also becomes a proposition in the formulation of Islamic law itself. The
importance of research based on Islamic legal philosophy through the maqashid sharia of electronic commerce
(e-commerce), because it is a modern trading model, not discovered by researchers in classical fiqh, and even
contemporary fiqh before the 1990s, in Indonesia e-commerce began in the early 2000s. This qualitative
research paradigm and its type of normative legal research used secondary data traced and obtained from
libraries and internet sites to find new arguments regarding the formulation and purpose of Islamic law on ecommerce.
KEYWORDS: Formulation, Business Fiqh Contemporary, Maqashid Sharia, Electronic Commerce (ECommerce).
This lecturer session clearly elaborates on the viewpoint of Islamic Law regarding Organ Transplantation under the course unit ILM 41193: Contemporary Juristic Issues.
The term Sharia itself derives from the verb shara'a, which according to Abdul Mannan Omar's
Dictionary of the Holy Qur'an connects to the idea of "spiritual law" (5:48) and "system of
divine law; way of belief and practice" (45:18) in the Quran.
Principles of Islamic Governance and Leadership Week 1 LectureAbdirahman Nur
These are the lecture notes of the course "Principles of Governance and Leadership in Islam" which I teach at the School of Graduate Studies, University of Hargeisa, particularly in M.A. in Governance and Leadership classes.
Principles of Islamic Governance and Leadership week 4 lectureAbdirahman Nur
These are the lecture notes of the course "Principles of Governance and Leadership in Islam" which I teach at the School of Graduate Studies, University of Hargeisa, particularly in M.A. in Governance and Leadership classes.
Uniform Civil Code and Its Legal DimensionsQUESTJOURNAL
ABSTRACT: This paper primarily talks about the concept of the Uniform Civil Code and its legal dimensions. In this paper, we have tried to examine the basic essence of the Uniform Civil Code and what does it mean and its legal prospective and theories. This paper commences with the introduction to the Uniform Civil Code in which it defines the concept of the Uniform Civil Code and also discusses about its origin or where it has derived from. It briefly talks about the history of the Uniform Civil Code and then discusses about the relationship of the Uniform Civil Code with the personal laws. In this part it discusses how the personal laws, play an important role when it comes to the formation of the Uniform Civil Code. It further discusses the need or desire for the Uniform Civil Code under this part itself, that whether the Uniform Civil Code should be implemented or not and what are the pros and cons of the same. As we further proceed towards the approach of the research paper, this paper discusses about the relationship of the Uniform Civil Code with the Secularism and discusses how the implementation of the Uniform Civil Code may lead to the disintegration of the nation and how this will lead to the breakdown off the peace and harmony among the people. Then it further discusses about the Uniform Civil Code and the constitutional guarantees. As we further proceed, then it discusses about the relationship between the Uniform Civil Code and the gender justice and human rights. This paper also talks about the judgements and the take of the Indian Judiciary towards the Uniform Civil Code. Last but not the least, this paper concludes with certain sets of recommendations and conclusions. This paper aims to spread knowledge and make the readers inquisitive about their approach on the topic of Uniform Civil Code and its Legal Dimensions.
Immigration Overhaul
Owing to impending changes in UK’s laws, there is good news for Indians as skills rather than nationality will matter, creating a level playing field for all migrants
Formulation of Business Fiqh Contemporary (Formulation of Sharia Maqashid E-C...AJHSSR Journal
ABSTRACT: The formulation of Islamic law is based on a universal-humanity foundation, covering worldly
and hereafter interests, aiming to make people happy protect them from evil and destruction, and Islam is
suitable in various conditions, times and places. There is a greater difficulty if the development of Islamic law
does not want to go through the path of the goals of Islamic law, or at least the general principles of Islamic law.
Therefore, in the development of Islamic legal thought, thinkers are relatively quick to agree on ‗mashlahah‘ as
‗maqashid sharia‘ or what is more popularly known as the goal of Islamic law. More than that, maslahah in its
development is not only a legal goal but also becomes a proposition in the formulation of Islamic law itself. The
importance of research based on Islamic legal philosophy through the maqashid sharia of electronic commerce
(e-commerce), because it is a modern trading model, not discovered by researchers in classical fiqh, and even
contemporary fiqh before the 1990s, in Indonesia e-commerce began in the early 2000s. This qualitative
research paradigm and its type of normative legal research used secondary data traced and obtained from
libraries and internet sites to find new arguments regarding the formulation and purpose of Islamic law on ecommerce.
KEYWORDS: Formulation, Business Fiqh Contemporary, Maqashid Sharia, Electronic Commerce (ECommerce).
This lecturer session clearly elaborates on the viewpoint of Islamic Law regarding Organ Transplantation under the course unit ILM 41193: Contemporary Juristic Issues.
A Strategic Approach: GenAI in EducationPeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
The French Revolution, which began in 1789, was a period of radical social and political upheaval in France. It marked the decline of absolute monarchies, the rise of secular and democratic republics, and the eventual rise of Napoleon Bonaparte. This revolutionary period is crucial in understanding the transition from feudalism to modernity in Europe.
For more information, visit-www.vavaclasses.com
Honest Reviews of Tim Han LMA Course Program.pptxtimhan337
Personal development courses are widely available today, with each one promising life-changing outcomes. Tim Han’s Life Mastery Achievers (LMA) Course has drawn a lot of interest. In addition to offering my frank assessment of Success Insider’s LMA Course, this piece examines the course’s effects via a variety of Tim Han LMA course reviews and Success Insider comments.
How to Make a Field invisible in Odoo 17Celine George
It is possible to hide or invisible some fields in odoo. Commonly using “invisible” attribute in the field definition to invisible the fields. This slide will show how to make a field invisible in odoo 17.
Acetabularia Information For Class 9 .docxvaibhavrinwa19
Acetabularia acetabulum is a single-celled green alga that in its vegetative state is morphologically differentiated into a basal rhizoid and an axially elongated stalk, which bears whorls of branching hairs. The single diploid nucleus resides in the rhizoid.
Read| The latest issue of The Challenger is here! We are thrilled to announce that our school paper has qualified for the NATIONAL SCHOOLS PRESS CONFERENCE (NSPC) 2024. Thank you for your unwavering support and trust. Dive into the stories that made us stand out!
Synthetic Fiber Construction in lab .pptxPavel ( NSTU)
Synthetic fiber production is a fascinating and complex field that blends chemistry, engineering, and environmental science. By understanding these aspects, students can gain a comprehensive view of synthetic fiber production, its impact on society and the environment, and the potential for future innovations. Synthetic fibers play a crucial role in modern society, impacting various aspects of daily life, industry, and the environment. ynthetic fibers are integral to modern life, offering a range of benefits from cost-effectiveness and versatility to innovative applications and performance characteristics. While they pose environmental challenges, ongoing research and development aim to create more sustainable and eco-friendly alternatives. Understanding the importance of synthetic fibers helps in appreciating their role in the economy, industry, and daily life, while also emphasizing the need for sustainable practices and innovation.
2. INTRODUCTION
• Etymologically the term fiqh siyasah consists of two words, namely fiqh and
al-siyasi.
• Linguistically, the meaning of fiqh is “to understand” and the term al-siyasi
means “to control”
• Islamic Siyasah based on maslahah. this siyasah was born from al-Qur’an and
Hadith, not from the interests of certain individuals or groups.
• According to Shaykh Fairuzzabadi, the meaning of siyasah (Politics) refers
to an organization of human’s welfare (maslahah) according to the principle of
shari’ah Law.
• Politics or siyasa used in classical legal terminology has multiple senses.
3. CONTINUE
• The First- siyasa was understood by the Hanafi and other jurists as an aggravated law (shar‘
mughallaz), usually used in the context of punishment that requires a stronger stance.
• The Second, the word denotes rulings issued by sovereign and his official representatives for
the practice of governance or statecraft.
• Al-Maqrizi (d. 845/1442), a Mamluk historian and scholar, was probably the first person who
defined siyasa in this second sense. he defined siyasa as a type of statute or as a kind of
ruling: “Siyasa is a qanun promulgated to observe etiquette, interests, and regulation of
properties (al-qanun al-mawdu‘ li-ri‘aya al-adab, wa’l-masalih wa’n-tizam al-amwal)”.
Examples: Traffic rules, Vehicle Licence, Birth and Death Certificates, Marriage registration
• It is not clear which of the two meanings came first. the classical texts use both of them.
• In the context of penal law, most jurists typically used the word siyasa in the section of
ta‘zir, discretionary punishment. The jurists debated whether siyasa is synonymous with the
word ta‘zir.
4. DEFINITIONS OF SIYASAH SYAR'IYYAH
• According to Imam al-Bujairimi, fiqh siyasah is designed to “improving the
society’s affairs, that is, by organizing and governing them with an aim of creating
their common welfare (maslahah). As such is only realized because of their
obedience to government”
• Wuzarat al-Awqaf wa al-Syu'un, the meaning of fiqh siyasah is “the improvement
of people’s lives by managing their affairs and by showing the way by which they
could be saved from destructions, both in the present and future”
• According to Imam Ibn ‘Abidin, the meaning of fiqh siyasah is "realizing people’s
common welfare by way of showing them the path of salvation, both in the world
and the hereafter.
5. SIYASAH SYAR'IYYAH
• Fiqh siyasah comes from the Prophet Muhammad, both specifically and
generally, both physically and spiritually.
• From the physical side, it comes from the sultan (the state’s leaders), while the
spiritual one comes from the ‘ulama, who is the heirs of the Prophet Muhammad.
• According to Imam Syafe’i the principles of common welfare are as follows:
• Seeing that there is always a common welfare that is contained in the case under
• Seeing to the characters that are suitable with the purpose of sharia, which requires the
existence of legal provision in order to formulate a welfare.
• Seeing the process of legal enforcement of a public welfare, decided by a special argument.
That is, the enforcement is validated by one of the objectives of the Islamic law.
6. CONTINUE…
• the term welfare, according to Hanafi, is as follows:
• It specially applies to muamalah (social relations) matters because the issue of worship is
permanent and does not change.
• It does not contradict the intentions of sharia, a legal justification (dalil) from the texts that
are familiar in society.
• It is according to the real interest of, and is needed by, the community.
• As explained above, it can be concluded that there are two important elements in
fiqh siyasah which are mutually related.
1. They are the parties who regulate and
2. The parties who are regulated with the aim of achieving benefit.
7. CONDITIONS OF SIYĀSAH ALSHARʿIYYAH
• The ʿulamāʾ provided certain conditions and parameters as to how to apply
siyāsah alSharʿiyyah:
• Siyāsah must comply with the requirements of the Sharīʿah.
• Siyāsah must be in line with the spirit of the Sharīʿah and its principles.
• It should not contradict clearly with the naṣṣ (scripture).
• It must rely on the correct methods or instruments of ijtiḥād (independence reasoning)
like maṣālih al-mursalah (public interest) and sad al-dharāʿi (blocking the means) and
not based on whims and fancies of the respective parties.
8. CONCLUSION
• The welfare referred to by the siyasah context is the concrete positive impacts
of the government, state, and leadership, on public interests of all members of
the communities.
• Even though the welfare is not based on texts contained in the Qur’an and the
Sunnah, because it is especially related to the problem controlling of the
community and the state life, which carries out obligation and safeguards the
rights of leaders and their people.
9. REFERENCES
1. Bedir, Mürteza. (2020). The Hanafi View of Siyasa and Sharia between Idealism and
Realism: Al-Hasiri’s Conception of Temporal and Religious Politics: (Siyasa ad-diniyya
al-‘uzma and siyasa alhissiyya al-‘uzma). İslam Tetkikleri Dergisi-Journal of Islamic
Review 10/2, (Eylül 2020): 451-466. https://doi.org/10.26650/iuitd.2020.693785
2. Imam Mahdi, Ade Kosasih1 Aneka Rahma. (2019). Analysis of Fiqh Siyasah on a Local
Government’s Policy About the Making of a Religious and Happy Society in Bengkulu.
Proceedings of the 1st Raden Intan International Conference on Muslim Societies
andSocial Sciences (RIICMuSSS 2019): 249- 252.
http://creativecommons.org/licenses/by-nc/4.0/
3. AHMAD, M. M. (2013). The Doctrine of Siyāsah in the Ḥanafī Criminal Law and Its
Relevance for the Pakistani Legal System. Islamic Studies, 52(1), 29–55.
http://www.jstor.org/stable/43664251