This document discusses the challenges of implementing Islamic law (sharia) in a democratic system in Indonesia. It outlines two approaches: 1) adapting sharia to fit modern democratic principles of equality, citizenship and human rights, and 2) keeping traditional, unchanged sharia and forcing its application in modern systems. The second approach risks endangering democratic principles like freedom of expression and belief and could discriminate against women and non-Muslims. While religious regulations aim to gain political support, they often prioritize issues like dress codes over more pressing problems. Overall, balancing sharia with democracy will be an ongoing learning process for Indonesia.
In our modern Western society, state-organised legal systems
normally draw a distinctive line that separates religion
and the law. Conversely, there are a number of Islamic regional
societies where religion and the laws are as closely
interlinked and intertwined today as they were before the
onset of the modern age. At the same time, the proportion
in which religious law (shariah in Arabic) and public law
(qanun) are blended varies from one country to the next.
What is more, the status of Islam and consequently that of
Islamic law differs as well. According to information provided
by the Organisation of the Islamic Conference (OIC), there
are currently 57 Islamic states worldwide, defined as countries
in which Islam is the religion of (1) the state, (2) the
majority of the population, or (3) a large minority. All this
affects the development and the form of Islamic law.
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Finally, the relevant Islamic institutions are now generally out of date.
The document discusses the rule of law in Nigeria under both military and democratic governments. It makes the following key points:
1) Both military and democratic governments in Nigeria have often violated the rule of law through carelessness and recklessness.
2) Successive military administrations routinely suspended parts of the constitution, abused human rights, dismissed democratic institutions through decrees, and restricted the courts' jurisdiction.
3) While the judiciary struggled to maintain its independence, the military asserted its power over the courts through decrees like the Federal Military Government Supremacy Decree of 1970.
4) Democratic governments in Nigeria have also not adhered to the principles of rule of law any better than the military
This document discusses human rights, rule of law, and governance in Nigeria. It notes that while Nigeria's constitution aims to protect human rights, in practice governance has been hindered by dysfunctional relationships between branches of government that erode judicial autonomy and rule of law. Military regimes have also damaged governance. As a result, Nigeria has consistently witnessed abuse of human rights and lacked fundamental protections for its citizens, despite being a signatory to international agreements on human rights.
This document discusses the history of legal pluralism from medieval times to the present. It makes three key points:
1) Medieval Europe was characterized by a high degree of legal pluralism, with multiple coexisting legal systems including local customs, feudal law, canon law, merchant law, and revived Roman law. This created uncertainty around which laws applied in different situations.
2) During the early modern period, European states consolidated power and centralized legal authority to establish themselves as the primary lawmakers. This reduced legal pluralism within their territories over time.
3) Contemporary legal pluralism combines the legacy of this past with more recent developments from globalization, resulting in diversity between legal authorities at different levels from local
This document discusses the concept of legal pluralism. Legal pluralism refers to the existence of multiple legal systems within one state. It challenges the idea of legal centralism that all law must be state law. The document outlines the emergence and characteristics of legal pluralism. It provides examples of legal pluralism in countries like Malaysia, Australia, and South Africa. The document also discusses some problems with legal pluralism, such as conflicts between different legal systems, and the interactions between legal pluralism and concepts like globalization and human rights.
What is Constitutional governance? The presentation is a lecture delivered at the Lahore University of Management Sciences (LUMS), which explores the normative aspects of Constitutional justice and the constitutionality of actual practise, politics and policy.
Go mena vss session 5_rol and hr_vanessa and gregory_role of rolBahi Shoukry
This document provides an overview of key concepts related to the rule of law and its importance for social cohesion in the Middle East and North Africa region, using Egypt as a case study. It discusses the meaning and elements of the rule of law, its relationship to human rights, sustainable development, and social cohesion. It also summarizes the United Nations' perspective on the rule of law as outlined in declarations and reports. The document then examines two cases from Egypt involving civic participation, judicial harassment, and discrimination against women to illustrate challenges to establishing the rule of law.
In our modern Western society, state-organised legal systems
normally draw a distinctive line that separates religion
and the law. Conversely, there are a number of Islamic regional
societies where religion and the laws are as closely
interlinked and intertwined today as they were before the
onset of the modern age. At the same time, the proportion
in which religious law (shariah in Arabic) and public law
(qanun) are blended varies from one country to the next.
What is more, the status of Islam and consequently that of
Islamic law differs as well. According to information provided
by the Organisation of the Islamic Conference (OIC), there
are currently 57 Islamic states worldwide, defined as countries
in which Islam is the religion of (1) the state, (2) the
majority of the population, or (3) a large minority. All this
affects the development and the form of Islamic law.
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.
The document discusses the rule of law in Nigeria under both military and democratic governments. It makes the following key points:
1) Both military and democratic governments in Nigeria have often violated the rule of law through carelessness and recklessness.
2) Successive military administrations routinely suspended parts of the constitution, abused human rights, dismissed democratic institutions through decrees, and restricted the courts' jurisdiction.
3) While the judiciary struggled to maintain its independence, the military asserted its power over the courts through decrees like the Federal Military Government Supremacy Decree of 1970.
4) Democratic governments in Nigeria have also not adhered to the principles of rule of law any better than the military
This document discusses human rights, rule of law, and governance in Nigeria. It notes that while Nigeria's constitution aims to protect human rights, in practice governance has been hindered by dysfunctional relationships between branches of government that erode judicial autonomy and rule of law. Military regimes have also damaged governance. As a result, Nigeria has consistently witnessed abuse of human rights and lacked fundamental protections for its citizens, despite being a signatory to international agreements on human rights.
This document discusses the history of legal pluralism from medieval times to the present. It makes three key points:
1) Medieval Europe was characterized by a high degree of legal pluralism, with multiple coexisting legal systems including local customs, feudal law, canon law, merchant law, and revived Roman law. This created uncertainty around which laws applied in different situations.
2) During the early modern period, European states consolidated power and centralized legal authority to establish themselves as the primary lawmakers. This reduced legal pluralism within their territories over time.
3) Contemporary legal pluralism combines the legacy of this past with more recent developments from globalization, resulting in diversity between legal authorities at different levels from local
This document discusses the concept of legal pluralism. Legal pluralism refers to the existence of multiple legal systems within one state. It challenges the idea of legal centralism that all law must be state law. The document outlines the emergence and characteristics of legal pluralism. It provides examples of legal pluralism in countries like Malaysia, Australia, and South Africa. The document also discusses some problems with legal pluralism, such as conflicts between different legal systems, and the interactions between legal pluralism and concepts like globalization and human rights.
What is Constitutional governance? The presentation is a lecture delivered at the Lahore University of Management Sciences (LUMS), which explores the normative aspects of Constitutional justice and the constitutionality of actual practise, politics and policy.
Go mena vss session 5_rol and hr_vanessa and gregory_role of rolBahi Shoukry
This document provides an overview of key concepts related to the rule of law and its importance for social cohesion in the Middle East and North Africa region, using Egypt as a case study. It discusses the meaning and elements of the rule of law, its relationship to human rights, sustainable development, and social cohesion. It also summarizes the United Nations' perspective on the rule of law as outlined in declarations and reports. The document then examines two cases from Egypt involving civic participation, judicial harassment, and discrimination against women to illustrate challenges to establishing the rule of law.
The document discusses how law can be used as an instrument of social change. It notes that as societies change over time, new situations will arise that require the legal system to adapt accordingly to allow for peaceful change through legislation and judicial development. Specifically, the document outlines how certain harmful customs in India like sati, child marriage, and female infanticide were legally abolished through acts like the Sati Regulation Act and Child Marriage Restraint Act. However, it also notes that while social legislation can be based on social norms, laws alone cannot initiate change in social norms or values - people must internalize new legal norms for legislation to effectively create social change.
The concept of rule of law is that the state is governed by the law, not by any particular government. This paper displays the present condition of the rule of law in curriculum and students’ intention in getting a course or a training program on the rule of law in their curriculum. In this study, 23 in-depth interviews with different university going students of different disciplines—science, social science, medical and engineering, 2 key-informant interviews, and 3 focus group discussions (FGDs), along with intensive studies from various secondary sources, were conducted.
TORTTURE AND INHUMAN ACTS IN NIGERIA, WHATS NIGERIA GOVERNMENT DO WITH HUMAN ...Lynn University
INTRODUCTION
Democracy is a legendary system of government in which every countries of the world, today it is desires to have democracy or claims to be one. Today if truly democracy and human rights are incompatible in certain situation, it means freedom and justice and equality for all branch of people are guaranteed. Democracy ensure human rights to be primarily virtuous, balance and adequate of moderation, furthermore , democracy ensure human right broadly, human right include: right to life, liberty, right of property , freedom of speech ,and security of individual, which have been definite in the constitution. But, in Nigerian torture has been considerable through human rights mismanagement. The government agencies, such as military and police brutalize the people by torturing them. However, torture and inhuman acts are commonly carried out by government agencies such as police and soldiers. During the military regime in Nigeria, time torture and inhuman acts gained more power for the misdeed of the citizens in Nigeria. Such conditions; torture thoroughly undermined due process and the rule of law, and other inhuman acts were a confirmed routine. Meanwhile inhuman act and torture were implemented by government agencies, such as soldiers; army forces and polices; they thought that torture and abuse of human rights were the best tools to get equitable and eloquent information from suspects. This book concerns with torture and inhuman acts in Nigeria; what is the Nigerian government response to human rights violation; also it would talks about Nigeria economics, poverty and corruption in Nigeria.
The Main Responsibility for Torture and Cruel Act in Nigeria.
The main groups responsible for torture and inhuman acts in Nigeria were the police’s and soldiers mostly using inhuman acts and torture as a way of disarranging suspects of crimes. Torture and inhuman acts were rampant within the soldier’s barracker and polices custody. The military and police were said to carry out inhuman and torture as the best way for investigated any crimes or as a way of beating in order to getting eloquent information. However, inhuman acts and torture had become such a fundamental guarding and scouting in the country which many polices headquarters in Nigeria use formal torture.
Uniform civil code law commision's observationSayantanSamui
On 31st August, 2018 Law Commission of India has made a statement that Uniform Civil Code is neither Necessary nor desirable for India at this stage. This PPT is basically about the law commission's observation on Uniform Civil Code, and why Law Commission has made this type of statement.
Legality and legal pluralism article j. platteeuwGemini Reich
The document summarizes the development of legal safeguards for Taiwan's indigenous peoples since democratic reforms in the late 1980s. Key legal changes included establishing seats for indigenous peoples in the legislature in 1991, constitutional amendments recognizing indigenous rights in 1994 and 2000, the formation of the Council of Indigenous Peoples in 1996, the Indigenous Peoples Basic Law in 2005, and other laws addressing education, employment, and cultural rights. The document analyzes these legal changes from both political and legal pluralism perspectives, noting tensions between indigenous customary law and the national framework.
A Brief Assessment of Rule of Law and Human Rights under the Constitution of ...dbpublications
The philosophy of Rule of Law stated that no one above the law, all are equal before law and fundamental rights of the citizens must be protected. Rule of Law, the fundamental constitutional principle, introduced in 17th centuries and got popularity in 19th century by a great scholar A.V Dicey. This article looked into a brief assessment of Rule of Law and fundamental rights under the constitution of Pakistan. This study based on qualitative and quantitative research, and it first described what the Rule of Law is? Its main features, relationship between Rule of Law and Human Rights, and then a comparative analysis of Rule of Law and Human Rights in Pakistan and other countries of the world by referring World Justice Project, Rule of Law Assessment 2015.
presentation on law as an instrument of social engineering contains- WHAT IS LAW. Why Law Is Needed In Society. SOCIAL ENGINEERING. What Would Happen If There Are No Laws. ROSCOE POUND’S THEORY. Interests . • Law As Social Engineering Theory of Balancing of Interests. Law as Purposive Functional and Need- Based. Summary
Comparative law involves the study of differences and similarities between legal systems of different countries. It examines major types of legal systems including common law, civil law, and socialist law. A key aspect of comparative law is understanding how legal systems shape politics, economics, and society while also protecting basic human rights that all people share. Studying comparative law is important for understanding how legal institutions evolve over time and for navigating an increasingly globalized and interconnected world.
Law serves several functions in society. It provides social control through establishing rules and punishments. Law also facilitates basic needs through contracts, property laws, and more. Additionally, law promotes social cohesion and integrates society as a whole. It can be used as an agent of social engineering and change over time to address societal issues and reform systems.
This document discusses different conceptions of the rule of law, including formal, substantive, and functional definitions. It analyzes each approach's advantages and disadvantages. The document also examines the rule of law in Bangladesh based on provisions in its constitution. Though the constitution contains protections, these are outweighed by negative provisions and lack of enforcement. True rule of law requires separation of powers and reform of institutions like the judiciary, law enforcement, and parliament.
The document discusses the ongoing debate around implementing a Uniform Civil Code (UCC) in India. It notes that while the Indian Constitution envisions a UCC, enacting one in practice has proven difficult due to tensions between religious groups and the diversity of personal laws across communities. The Supreme Court is currently hearing a case on whether women should be allowed entry to the Sabarimala temple, reigniting the debate around UCC. Proponents argue a UCC is necessary for a secular democracy, but others note India's diversity requires balancing religious freedom and pluralism in law. The courts have attempted to navigate these complex issues in previous cases related to religion and personal laws.
This document discusses Shariah law and its sources and applicability in modern times. It outlines four main elements/sources of Shariah law: the Quran, hadiths, ijma (consensus of Islamic scholars), and qiyas (analogical reasoning). It also describes three categories of crimes under Shariah law - hadd (fixed punishments for offenses against God), qisas (equivalence law for intentional injuries), and tazir (discretionary punishments). The document aims to explain the concept of hudud (hadd crimes/punishments) and its suitability today given criticisms of its implementation.
Nigeria’s first national assembly and the challenge of democratic governance ...Kayode Fayemi
This document summarizes and analyzes the challenges faced by Nigeria's first National Assembly in the country's Fourth Republic, which began in 1999 after years of military rule. It discusses the Assembly's role in democratic governance and its responsibilities related to lawmaking, oversight of the executive branch, and representation. The summary examines the Assembly's composition, the political context of its establishment during a hurried democratic transition, and the high expectations and challenges it faced in helping consolidate Nigeria's young democracy and address issues like corruption, economic decline, and security problems.
The document provides an introduction to law, including definitions of law, the evolution and functions of law, characteristics of law, and the relationship between law and morality. It defines law as a regulatory mechanism and set of binding norms that govern human behavior in society. Law evolves as society changes, and its functions include social harmonization, conflict resolution, and protection. Law must be reasonable, definite, flexible, practical, and published. While law and morality are related, they differ in that legal rules are enforced by authorized powers and aim to organize society, whereas moral rules face social punishment and aim for perfectionism.
Political Violence and the Sustenance of Democracy In Nigeriaiosrjce
IOSR Journal of Humanities and Social Science is a double blind peer reviewed International Journal edited by International Organization of Scientific Research (IOSR).The Journal provides a common forum where all aspects of humanities and social sciences are presented. IOSR-JHSS publishes original papers, review papers, conceptual framework, analytical and simulation models, case studies, empirical research, technical notes etc.
World Legal System and their Salient FeaturesSagar Bansal
TOPICS - COMMON LAW, CIVIL LAW, RELIGION - STATE RELATION, INDIAN LEGAL SYSTEM.
Legal system refers to a procedure or process for interpreting and enforcing the law. It elaborates the rights and responsibilities in a variety of ways. Three major legal systems of the world consist of civil law, common law and religious law.
OVERSIGHT FUNCTIONS OF NIGERIA'S NATIONAL ASSEMBLY; 2011 - 2015 Yagana Bintube (MNIM)
A STUDY ON THE OVERSIGHT FUNCTIONS OF NIGERIA'S NATIONAL ASSEMBLY; 2011 - 2015 BEING A RESEARCH PROJECT IN PARTIAL FULFILMENT OF REQUIREMENTS FOR THE AWARD OF A MASTER IN SCIENCE DEGREE IN PUBLIC ADMINISTRATION AND POLICY ANALYSIS, DEPARTMENT OF POLITICAL SCIENCE, FACULTY OF SOCIAL AND MANAGEMENT SCIENCES, UNIVERSITY OF ABUJA, NIGERIA.
THE WORK DISSECTS THE OVERSIGHT FUNCTIONS OF THE 7TH SESSION AND EVALUATES THE EFFECTIVENESS OF OVERSIGHT TOOL IN DELIVERY GOOD GOVERNANCE IN THE NIGERIA'S FOURTH REPUBLIC DEMOCRATIC DISPENSATION. IT LOOKS FURTHER TO HIGHLIGHT THE CHALLENGES, PROFFER DEEP ROOTED RECOMMENDATIONS AND PROJECT THE FUTURE PROSPECTS OF THE OVERSIGHT TOOL IN ACHIEVING DEMOCRATIC SUCCESS, RESPONSIBLE, RESPONSIVE, TRANSPARENT AND ACCOUNTABLE GOVERNANCE IN NIGERIA.
The document discusses the concept of equality, including how the law guarantees equal treatment and protection for all people regardless of attributes like religion, race or gender. It also discusses reasonable classifications in laws and policies to treat different groups of people differently as long as there is a rational basis. The concept of equality is meant to ensure fairness and prohibit unjust discrimination under the law.
This document discusses the rule of law. It defines the rule of law as the supremacy of law that applies to everyone equally. The rule of law is an ideal that is constantly strived for but never fully achieved. The document discusses philosophers like Aristotle, Cicero, and Karl Marx who wrote about the rule of law. It also outlines A.V. Dicey's view that the rule of law has three meanings: no punishment without breaking the law, equality under the law regardless of status, and common law best protects rights and freedoms.
The hadith establishes that prophets ruled over the tribes of Israel, and that Muhammad will be the last prophet. After Muhammad, leadership of the Muslim ummah will be through khulafaa (successors) who the ummah must obey and fulfill their pledge of allegiance to. The khulafaa will be responsible for ruling and managing the affairs of the ummah according to Islamic revelation, and they will be accountable to Allah for fulfilling their responsibilities as leaders.
The document provides an analysis of the causes of the current global oil crisis from an Islamic perspective in 3 sentences:
The high price of oil is primarily due to the depreciation of the US dollar which oil is priced in, as well as increased global demand and speculation in oil markets. Muslim rulers have also failed to properly utilize and distribute oil wealth or invest in infrastructure, and the absence of an Islamic caliphate system has led to instability, poverty, and injustice in the Muslim world. Only by returning to the Islamic way of life and establishing a caliphate can the Muslim world hope to fairly manage its oil resources and achieve economic progress.
The document discusses how law can be used as an instrument of social change. It notes that as societies change over time, new situations will arise that require the legal system to adapt accordingly to allow for peaceful change through legislation and judicial development. Specifically, the document outlines how certain harmful customs in India like sati, child marriage, and female infanticide were legally abolished through acts like the Sati Regulation Act and Child Marriage Restraint Act. However, it also notes that while social legislation can be based on social norms, laws alone cannot initiate change in social norms or values - people must internalize new legal norms for legislation to effectively create social change.
The concept of rule of law is that the state is governed by the law, not by any particular government. This paper displays the present condition of the rule of law in curriculum and students’ intention in getting a course or a training program on the rule of law in their curriculum. In this study, 23 in-depth interviews with different university going students of different disciplines—science, social science, medical and engineering, 2 key-informant interviews, and 3 focus group discussions (FGDs), along with intensive studies from various secondary sources, were conducted.
TORTTURE AND INHUMAN ACTS IN NIGERIA, WHATS NIGERIA GOVERNMENT DO WITH HUMAN ...Lynn University
INTRODUCTION
Democracy is a legendary system of government in which every countries of the world, today it is desires to have democracy or claims to be one. Today if truly democracy and human rights are incompatible in certain situation, it means freedom and justice and equality for all branch of people are guaranteed. Democracy ensure human rights to be primarily virtuous, balance and adequate of moderation, furthermore , democracy ensure human right broadly, human right include: right to life, liberty, right of property , freedom of speech ,and security of individual, which have been definite in the constitution. But, in Nigerian torture has been considerable through human rights mismanagement. The government agencies, such as military and police brutalize the people by torturing them. However, torture and inhuman acts are commonly carried out by government agencies such as police and soldiers. During the military regime in Nigeria, time torture and inhuman acts gained more power for the misdeed of the citizens in Nigeria. Such conditions; torture thoroughly undermined due process and the rule of law, and other inhuman acts were a confirmed routine. Meanwhile inhuman act and torture were implemented by government agencies, such as soldiers; army forces and polices; they thought that torture and abuse of human rights were the best tools to get equitable and eloquent information from suspects. This book concerns with torture and inhuman acts in Nigeria; what is the Nigerian government response to human rights violation; also it would talks about Nigeria economics, poverty and corruption in Nigeria.
The Main Responsibility for Torture and Cruel Act in Nigeria.
The main groups responsible for torture and inhuman acts in Nigeria were the police’s and soldiers mostly using inhuman acts and torture as a way of disarranging suspects of crimes. Torture and inhuman acts were rampant within the soldier’s barracker and polices custody. The military and police were said to carry out inhuman and torture as the best way for investigated any crimes or as a way of beating in order to getting eloquent information. However, inhuman acts and torture had become such a fundamental guarding and scouting in the country which many polices headquarters in Nigeria use formal torture.
Uniform civil code law commision's observationSayantanSamui
On 31st August, 2018 Law Commission of India has made a statement that Uniform Civil Code is neither Necessary nor desirable for India at this stage. This PPT is basically about the law commission's observation on Uniform Civil Code, and why Law Commission has made this type of statement.
Legality and legal pluralism article j. platteeuwGemini Reich
The document summarizes the development of legal safeguards for Taiwan's indigenous peoples since democratic reforms in the late 1980s. Key legal changes included establishing seats for indigenous peoples in the legislature in 1991, constitutional amendments recognizing indigenous rights in 1994 and 2000, the formation of the Council of Indigenous Peoples in 1996, the Indigenous Peoples Basic Law in 2005, and other laws addressing education, employment, and cultural rights. The document analyzes these legal changes from both political and legal pluralism perspectives, noting tensions between indigenous customary law and the national framework.
A Brief Assessment of Rule of Law and Human Rights under the Constitution of ...dbpublications
The philosophy of Rule of Law stated that no one above the law, all are equal before law and fundamental rights of the citizens must be protected. Rule of Law, the fundamental constitutional principle, introduced in 17th centuries and got popularity in 19th century by a great scholar A.V Dicey. This article looked into a brief assessment of Rule of Law and fundamental rights under the constitution of Pakistan. This study based on qualitative and quantitative research, and it first described what the Rule of Law is? Its main features, relationship between Rule of Law and Human Rights, and then a comparative analysis of Rule of Law and Human Rights in Pakistan and other countries of the world by referring World Justice Project, Rule of Law Assessment 2015.
presentation on law as an instrument of social engineering contains- WHAT IS LAW. Why Law Is Needed In Society. SOCIAL ENGINEERING. What Would Happen If There Are No Laws. ROSCOE POUND’S THEORY. Interests . • Law As Social Engineering Theory of Balancing of Interests. Law as Purposive Functional and Need- Based. Summary
Comparative law involves the study of differences and similarities between legal systems of different countries. It examines major types of legal systems including common law, civil law, and socialist law. A key aspect of comparative law is understanding how legal systems shape politics, economics, and society while also protecting basic human rights that all people share. Studying comparative law is important for understanding how legal institutions evolve over time and for navigating an increasingly globalized and interconnected world.
Law serves several functions in society. It provides social control through establishing rules and punishments. Law also facilitates basic needs through contracts, property laws, and more. Additionally, law promotes social cohesion and integrates society as a whole. It can be used as an agent of social engineering and change over time to address societal issues and reform systems.
This document discusses different conceptions of the rule of law, including formal, substantive, and functional definitions. It analyzes each approach's advantages and disadvantages. The document also examines the rule of law in Bangladesh based on provisions in its constitution. Though the constitution contains protections, these are outweighed by negative provisions and lack of enforcement. True rule of law requires separation of powers and reform of institutions like the judiciary, law enforcement, and parliament.
The document discusses the ongoing debate around implementing a Uniform Civil Code (UCC) in India. It notes that while the Indian Constitution envisions a UCC, enacting one in practice has proven difficult due to tensions between religious groups and the diversity of personal laws across communities. The Supreme Court is currently hearing a case on whether women should be allowed entry to the Sabarimala temple, reigniting the debate around UCC. Proponents argue a UCC is necessary for a secular democracy, but others note India's diversity requires balancing religious freedom and pluralism in law. The courts have attempted to navigate these complex issues in previous cases related to religion and personal laws.
This document discusses Shariah law and its sources and applicability in modern times. It outlines four main elements/sources of Shariah law: the Quran, hadiths, ijma (consensus of Islamic scholars), and qiyas (analogical reasoning). It also describes three categories of crimes under Shariah law - hadd (fixed punishments for offenses against God), qisas (equivalence law for intentional injuries), and tazir (discretionary punishments). The document aims to explain the concept of hudud (hadd crimes/punishments) and its suitability today given criticisms of its implementation.
Nigeria’s first national assembly and the challenge of democratic governance ...Kayode Fayemi
This document summarizes and analyzes the challenges faced by Nigeria's first National Assembly in the country's Fourth Republic, which began in 1999 after years of military rule. It discusses the Assembly's role in democratic governance and its responsibilities related to lawmaking, oversight of the executive branch, and representation. The summary examines the Assembly's composition, the political context of its establishment during a hurried democratic transition, and the high expectations and challenges it faced in helping consolidate Nigeria's young democracy and address issues like corruption, economic decline, and security problems.
The document provides an introduction to law, including definitions of law, the evolution and functions of law, characteristics of law, and the relationship between law and morality. It defines law as a regulatory mechanism and set of binding norms that govern human behavior in society. Law evolves as society changes, and its functions include social harmonization, conflict resolution, and protection. Law must be reasonable, definite, flexible, practical, and published. While law and morality are related, they differ in that legal rules are enforced by authorized powers and aim to organize society, whereas moral rules face social punishment and aim for perfectionism.
Political Violence and the Sustenance of Democracy In Nigeriaiosrjce
IOSR Journal of Humanities and Social Science is a double blind peer reviewed International Journal edited by International Organization of Scientific Research (IOSR).The Journal provides a common forum where all aspects of humanities and social sciences are presented. IOSR-JHSS publishes original papers, review papers, conceptual framework, analytical and simulation models, case studies, empirical research, technical notes etc.
World Legal System and their Salient FeaturesSagar Bansal
TOPICS - COMMON LAW, CIVIL LAW, RELIGION - STATE RELATION, INDIAN LEGAL SYSTEM.
Legal system refers to a procedure or process for interpreting and enforcing the law. It elaborates the rights and responsibilities in a variety of ways. Three major legal systems of the world consist of civil law, common law and religious law.
OVERSIGHT FUNCTIONS OF NIGERIA'S NATIONAL ASSEMBLY; 2011 - 2015 Yagana Bintube (MNIM)
A STUDY ON THE OVERSIGHT FUNCTIONS OF NIGERIA'S NATIONAL ASSEMBLY; 2011 - 2015 BEING A RESEARCH PROJECT IN PARTIAL FULFILMENT OF REQUIREMENTS FOR THE AWARD OF A MASTER IN SCIENCE DEGREE IN PUBLIC ADMINISTRATION AND POLICY ANALYSIS, DEPARTMENT OF POLITICAL SCIENCE, FACULTY OF SOCIAL AND MANAGEMENT SCIENCES, UNIVERSITY OF ABUJA, NIGERIA.
THE WORK DISSECTS THE OVERSIGHT FUNCTIONS OF THE 7TH SESSION AND EVALUATES THE EFFECTIVENESS OF OVERSIGHT TOOL IN DELIVERY GOOD GOVERNANCE IN THE NIGERIA'S FOURTH REPUBLIC DEMOCRATIC DISPENSATION. IT LOOKS FURTHER TO HIGHLIGHT THE CHALLENGES, PROFFER DEEP ROOTED RECOMMENDATIONS AND PROJECT THE FUTURE PROSPECTS OF THE OVERSIGHT TOOL IN ACHIEVING DEMOCRATIC SUCCESS, RESPONSIBLE, RESPONSIVE, TRANSPARENT AND ACCOUNTABLE GOVERNANCE IN NIGERIA.
The document discusses the concept of equality, including how the law guarantees equal treatment and protection for all people regardless of attributes like religion, race or gender. It also discusses reasonable classifications in laws and policies to treat different groups of people differently as long as there is a rational basis. The concept of equality is meant to ensure fairness and prohibit unjust discrimination under the law.
This document discusses the rule of law. It defines the rule of law as the supremacy of law that applies to everyone equally. The rule of law is an ideal that is constantly strived for but never fully achieved. The document discusses philosophers like Aristotle, Cicero, and Karl Marx who wrote about the rule of law. It also outlines A.V. Dicey's view that the rule of law has three meanings: no punishment without breaking the law, equality under the law regardless of status, and common law best protects rights and freedoms.
The hadith establishes that prophets ruled over the tribes of Israel, and that Muhammad will be the last prophet. After Muhammad, leadership of the Muslim ummah will be through khulafaa (successors) who the ummah must obey and fulfill their pledge of allegiance to. The khulafaa will be responsible for ruling and managing the affairs of the ummah according to Islamic revelation, and they will be accountable to Allah for fulfilling their responsibilities as leaders.
The document provides an analysis of the causes of the current global oil crisis from an Islamic perspective in 3 sentences:
The high price of oil is primarily due to the depreciation of the US dollar which oil is priced in, as well as increased global demand and speculation in oil markets. Muslim rulers have also failed to properly utilize and distribute oil wealth or invest in infrastructure, and the absence of an Islamic caliphate system has led to instability, poverty, and injustice in the Muslim world. Only by returning to the Islamic way of life and establishing a caliphate can the Muslim world hope to fairly manage its oil resources and achieve economic progress.
This document discusses how Crye-Leike listings are syndicated to increase exposure and reduce time on the market. Listings are automatically sent daily from the MLS to Crye-Leike's website and intranet as well as to ListHub without additional cost. ListHub then sends the listings to over 30 websites it partners with. Agents can view reports on their intranet to see where listings are displayed and statistics.
Presentatie: Hoe bedient Ditzo haar klanten online? (IIR congres, cross-chann...Wouter de Vries
Presentatie "Hoe bedient Ditzo haar klanten online?", gegeven op het IIR congres 'cross-channel klantbediening', 29 mei 2013, door Nancy van Zijtveld & Wouter de Vries voor #Ditzo.
PS: dit betreft een verkorte versie van de daadwerkelijke presentatie
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This document discusses the institutions of state in the Khilafah (Caliphate) system of ruling and administration. It outlines the roles and responsibilities of key positions like the Khalifah (Caliph), delegated assistants, governors, heads of departments like the army, internal security, foreign affairs and more. It also discusses bodies like the Ummah's council, the judiciary system, treasury administration and information ministry. The goal is to present a practical understanding of how the Khilafah state would implement its ruling and governance in accordance with the Shariah.
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The Khaleefah (leader) in the Islamic system of Khilafah derives authority from the pledge of allegiance (bay'ah) of the Muslim public. The bay'ah contract holds the Khaleefah accountable to implementing Sharia law and maintaining certain qualifications. While the Khaleefah's term is not limited by time, he remains accountable to the public and can be impeached or removed by the High Court if he violates the terms of the bay'ah contract. The Khaleefah holds executive authority, but appoints assistants who are accountable to and under the supervision of the Khaleefah. This system aims to concentrate authority while maintaining accountability.
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policy is conveying the message of Islam to every people and nation. This was the policy established
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states aims to spread Islam and invite others to embrace it. Foreign policy in Islam is centered around
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1) Islamic law's sole source is divine revelation from God through the Quran and hadith, while conventional law has human-made sources like common law from precedents and civil law from codified statutes.
2) Islamic law is permanent and universal, while conventional law is changeable and adapts to different times and places.
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1. Syari’ah Regulations and Democratic Challenges in Indonesia1
By Ahmad Suaedy, Executive Director of the Wahid Institute, Jakarta
It has been a phenomenon that countries with Islam as a majority religion including
Indonesia are facing more demands from certain parties to apply the Islamic law
(Fealy & Hooker, 2006). Incorporating the Islamic law, or also known as Syariah
law, in state law is apparently not something new. Family law (akhwal asy-
shahsiyah) has been applied since a long time ago. When Indonesia was colonized by
the Netherlands, the relations between Indonesian Moslem and the Dutch were
facilitated under an Islamic-based bureaucracy. After Indonesia achieved its
independence, this bureaucracy was continued under the Religion Affairs Ministry
and Islamic Religious Court (Hooker, 2008:9-18). Currently, more Moslems in
Europe are also asking for the application of the Islamic law.
However, the colonization did not allow the Islamic law to be applied in a mu’amalah
relation and criminal action (jinayah). It remained and was applied in an authoritarian
way when Indonesia was under the new-order period. The colonization
accommodated and facilitated the Islamic law (family law) as the Dutch saw it as a
local custom that would not bother the Netherlands policies in Indonesia.
But applying the Islamic law in mu’amalah relation and criminal action could have
affected their political authority. These aspects of Syariah were also deemed as
contrary to western philosophy like the principle of equal rights among citizens. The
mu’amalah relation and criminal action were dealth with by the western laws (Peters,
2005:03-109; Hooker, 2008:3-6).
***
The demand from certain parties to handle mu’amalah relation and criminal action
with the Islamic law is actually a logical consequence of the democratic process and
even the globalization process. It happens especially when a community is just
released from a colonization era (Na’im, 2007:5-40).
Now more people realize that ignoring desire of Moslems who wish to apply the
Islamic law in a long time will create a perspective of anti-change. Although the law
is not applied, it stays in the hearts of Moslems’. They believe that the law is a
Islamic heritage that cannot be changed and modified. For hundreds of years in the
colonization era, the Islamic law, especially in mu’amalah and jinayat, was alienated
from the state law.
The Islamic law was studied continuously in various Islamic centers and boarding
schools in Indonesia and in the world. It is maintained in ancient manuscripts, and
1
This paper is prepared for the The 9th Conference of The Asia Pacific Sociological Association,
Improving the Quality of Social Life: A Challenge for Sociology, June 13 – 15, 2009, Discovery
Kartika Plaza, Kuta, Bali, Indonesia.
1
2. passed on by generations. However, it has not evolved or been developed so it can
only be applied limitedly to current problems (Hooker, 2008:43-83). This unchanged,
not-developed law is the one proposed by many Moslems when they are talking about
the application of the Islamic law.
Based on a perspective of change and situation in a post-colonization era and also
based on dominance of modern western culture, the proposal of having a Syariah law
is part of democratization and human rights. It is a historic follow-up of a freedom,
nationalism, and ideology fighting in the past. The fighting now is not only in a frame
of Islamic-based ideology or between East and West (read: modernization) but a
system built in a state.
The proposal for adopting complete Islamic law appears on the surface as community
who has faith in the Islamic law fights for it. They wish to join the political activities
that are now open for them after democratization, while their Islamic understanding is
still in a basic, static level. They are now faced with community development that is
far away from what they understand, in terms of time, system and legal materials.
Everyone can now join in political activities like being a legislator at the parliament
and also local parliament. The concept of the Syariah law becomes vary. There is a
competition between the Islamic law maintained in a local custom (Lukito, 2003:17-
31) and the national law which is based on Dutch law.
So now there is a dilemma. On one side, democracy should accommodate aspiration
of all members of the community. While on the other side, it is a fact that a culture
and its values cannot always be in line with democratic principles. How to address
this problem seems to be the main challenge right now in Indonesia.
***
In general, there are two approaches for Moslems to answer the challenge. First
approach is to see the Islamic legal and teaching system in its entirety as a process.
And to change the paradigm of the Islamic law, so it is adjusted to the modern
paradigm. According to history, the Islamic law was born and developed in a
traditional community that was tied to each other (Gemainschaft) by ethnicity,
religion, or other identities (Saeed, 2005:37-40; Na’im 2007:65-73). From here, the
Islamic state established. It stood between the Islamic State (dar al-Islam), the war
state (dar al-harb) and peaceful state (dar as-sulh) (Salim, 2008:33-41).
This first approach changes the whole paradigm of the traditional Islamic law and
incorporates it to the modern paradigm (Gesellschaft) so it can be applied in a
community under a nation-state, a constitutional system and modern international law
(Na’im, 1994; Saeed et. al.: 36-37).
This model does not refuse all the aspects of the Islamic law. The community in the
nation-state system is not tied to each other by certain religion but by national
purposes that are derived from a constitution (Anderson, 1999:13-40; An-Na’im,
2007:65-70). According to this model, the application of the Islamic law should
consider, what An-Naim call, rational and public reasons (An-Naim, 2007:155-160).
2
3. Its appliance and accommodation does not only depend on the democratic process in
a nation but also the contents of the law should be in line with the nationalist,
citizenship, and human rights principles. The same reasons should be applied in a
context of international law (An-Na’im, 1994). Hence, the whole Islamic law passed
on by generations, as well as western law and local custom, should be seen as raw
materials for the sake of the national law to build the national law. Its implementation
should consider the democracy process and public reasons.2
***
The second approach is keeping the unchanged, not-developed Islamic law and force
it to be applied in a modern system, both ideologically and practically. To apply it
ideologically would mean that the state will ignore diversity and make Islam the only
formal system. Abul A’la Maududi and Sayyid Qutb are thinkers of this approach, as
well as states such as Iran, Pakistan, and Saudi Arabia.
In this model, all laws should be tested by Ulemas understanding of fiqh and so the
Ulemas have highest legal authority here. Democracy can be applied but the final
decision is still in hands of the . The law cannot be criticized or argued about in or by
the public.
***
Both approaches have their own consequences. The first approach is based on a
modern constitutional system and its implementation can be different in many
countries. Islamic law can be used as long as it is aligned with equality, citizenship,
and human rights principles.
By implementing the first approach, people can intellectually criticize the law without
ignoring the main idea of it (maqaasid asy-syari’ah). For example, the arranging of
almsgiving, better known as zakat. All Moslems with certain amount of assets
(nishab) should allocate 2.5 percent of their total asset for zakat. By considering the
income gap, this approach will allow reconsideration over criteria of zakat giver
(muzakki) 3 and zakat recipient (mustahiq) 4.
This question can come up when the zakat is accommodated by the state. The
situation will be different when zakat is handled by the Islamic community on a
voluntary basis where it depends only on the agreement made by religious figures and
community.
2
According to Peters (2005, page 174-185), the Islamic criminal code gives significant contribution to
modern western criminal code. Unfortunately, it is not developed and so it is replaced by western law.
Peters provides possibility that the Islamic criminal code can be applied again by adjusting it first to
citizenship and human rights principles.
3
There is a debate whether a zakat for professionals is an obligation or not. Its percentage is also a
matter of debate.
4
It is still a matter of debate whether zakat can be distributed for non-Moslems. How to have a
sustainable zakat distribution is also still being debated.
3
4. In the second approach, the implementation of the Islamic law follows the original
doctrine (not-developed law). Variations are allowed as long as they refer to the
original doctrine. For example, the Syariah banking. Its implementation does not
have to be under the Islamic state. It forbids bank interest and replaces it with a profit
sharing, for example mudhorobah system. In this case, there is no opportunity to
question the system by the public: for example can profit-sharing system influence the
economic distribution of funds more fairly than bank-interest system.
***
According to Daniel E. Price, the Islamic law and its implementation is divided into
five categories (Salim and Azra, 2003:11). First is private law like a marital law,
wakaf, and sodaqah (deeds). Second are the economic matters like banking and
commercial business. Third are religious practices in public space like head-cover for
women, prohibition on alcohol, gambling, and others that are considered contradictive
to Islamic moral standards. Fourth, is the criminal law like hudud. And fifth, is about
Islam as the foundation of the state. Various religion-based regulations and drafts5 are
included in one of these five categories.
Each of five categories can be tested with the nation-state and human-rights
principles. Although the Islamic private law has been applied for hundreds of years,
the debate is still found in a nation-state. For example about mixed faith that is
arranged in a regulation No.1/1974.
The application of the Syariah regulation in Indonesia can have positive as well as
negative effects. It can reduce alcohol drinkers but it can limit freedom of expression
when it enters private areas like how women should dress and behave, and so it will
lead to discrimination of women and non-Moslems (Sukron and Chaider, 2007:145-
214).
***
According to research by the Wahid Institute6, the making of religion-based
regulations is part of political dynamic that is influenced by local political issues.
Political groups use religious issue to get political sympathy from voters and public.
5
According Robin Bush, there are around 78 religion-based regional regulations in 52 regencies and
cities, not to mention decree by Regent, Mayor, and Governor and regulation draft by city council
(DPRD) in Indonesia. (Robin L. Bush, , 2007, “Regional ‘Shari’ah’ Regulation in Indonesia: Anomaly
or Symptom?”). This paper was presented at the forum of Indonesia Update on September 2007 at
ANU, Camberra (not published)).
6
The Wahid Institute conducted a research about religion-based regulation in 2008 in Java Island
including Pasuruan (regulation about Ramadhan), Jombang (anti-prostitution), DI Yogyakarta
(regulation draft about Jilbab -cancelled), Surakarta (still in a debating process), Cianjur in West Java
about Gerbang Marhamah, Tasikmalaya dan Banjar (still in a debating process at community and
regional parliament levels).
4
5. Therefore, it shows weakness of politicians and civil society in responding to local
troubles and in prioritizing problems. For example, jilbab (head-cover for Moslem
woman), for some politicians and public figures, Jilbab is considered an urgent matter
that can solve morality matters. It is deemed more important than poverty and
educational issues.
***
To conclude the idea of having religion-based regulations is not a result from the
accumulation of the political powers in the hands of those supporting the non-changed
Islamic law which can endanger the state principles like Pancasila and UUD 1945 (the
constitution). But in terms of its content, the regulations tend to be disturbing since
the are contradictive to democracy principles like freedom of expression and of
belief. They discriminate against women and non-Moslems. When these religion-
based principles are accommodated by national laws, it will be difficult to reverse
them , especially if the state is in under an authoritarian governance.
From the point of view of internal developments in Islam, the ideological paradigm is
still stronger in seeing the Islamic law for muamalah and jinayah affairs than placing
it as a solution. Thus, pro-democracy movement should not respond the creation of
religion-based regulation with great deal of attention and efforts. However, in terms of
its legal materials, it indeed needs special attention and should be handled in a
causious way. Responding to this phenomenon in various ways is actually a valuable
learning process for democracy development in Indonesia.***
References
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Usul dan Penyebaran Nasionalisme (terj.), Yogyakarta, Pustaka Pelajar.
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2007 di ANU, Camberra (tidak diterbitkan).
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6