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Belatedly, this work is dedicated to prof. Max Weber’s (hereinafter – Weber) commemoration day of the centenary and focuses on the sociological understanding of the state and canon law. In order to better examine Weber’s views on the economic ethics of religion, human rights will also be examined in comparison – as a factor of interaction between opposites and sets of views – as they better identify Weber’s asceticism about the spirit of norm Protestantism. On the other hand, in a conventional discourse and a review of the theory of social stratification, through the so-called theory of degrees and directions of rejection, the essence of Weber’s idea will be best understood by examining how religion influenced formation of contemporary law and approach to contemporary law comparing it with the constitutional system of Latvia, among others. The article has been designed with a view that, by observing peculiarities of the era of Weber’s lifetime, the work would have a more modern character. Wherever in this study it is referred to purely legal dogmatic problems, the author has relied on the literature on the history of the church and law and to some extent on the past of the dogmas formed by it. Furthermore, the author mostly relies on materials obtained from Weber’s law sociological argumentation and comparative perspective, which serves to clarify the typology of the sociology of religion. To the extent possible, the author also delves into the primary sources of the history of law; due to their linguistically specific style of expression and peculiarities, in accordance with the objective to study Weber’s views on the socio-historical genesis of the state and canon law and their nature, which includes looking into canonical norms for the sociological understanding of law, textual identification of primary sources is not examined in more detail. However, the most important ideas expressed in Weber’s works are compared with those of other prominent representatives of this field. Therefore, in the part of normative analysis of law codification, the author focuses on analysis of the social environment of law and church law, instead of their general scope, and the work is mainly based on the ideas of the outstanding sociologist Weber and theses of the concepts created by him, preserving the style of thought expressed in Weber’s main text and means of expression. For those who are familiar with the most important works of canon law, including church law, the part of the material analysis of the norms could be new precisely from the point of view of this work, and the specifics of the analysis included, namely, this legal discipline is examined through Weber’s studies, works of other researchers and novelties about law as well as the place of sociology of religion found in these works. Keywords: church, sociology of religion, canon law, sociology of law, religious law, legal norm, ideal norm, legal phenomenon, iure divinum, lex nature, conventional norms, commandment, Calvinism, Puritanism

Kommentar des Urteils EuGH C-372/21

Glosse/Kommentar zu einem Urteil, des OGH vom 19.12.2022, 9 ObA 124/22h. DOI: 10.25365/phaidra.396 Publiziert auf Rechtundreligion.at (oder https://rechtundreligion.at/?p=2642) am 19.3.23

Glosse/Kommentar zu einem Urteil, des OGH vom 19.12.2022, 9 ObA 124/22h. DOI: 10.25365/phaidra.396 Publiziert auf Rechtundreligion.at (oder https://rechtundreligion.at/?p=2642) am 19.3.23

Islamic law defines marriage as an absolute obligation to follow Allah's command and carry it out as worship and represents a very strong bond. In the context of unregistered marriage, it can be defined as “a form of marriage based on religious law or custom, as well as one that is not announced to a crowd and is not registered with the marriage registry”. This paper discusses literacy in Islamic law and positive law on unregistered marriages. Positive law studies on unregistered marriages are carried out on the essence of the Law of the Republic of Indonesia and Government Regulations. According to Indonesian law, sirri marriage is a marriage that is not based on the principle of legality. In Islam, the study of unregistered marriage was based on Qur’an and hadith. This means that it is not legally binding. A marriage that is in accordance with the pillars and conditions of marriage is valid under Islamic law, as are marriages performed in sirri marriages, as defined in Indonesian law.

Pénétrant sur le terrain des Disability Studies/Culture du handicap, nous nous questionnons au sujet de la nécessité de l’intégrité physique des prêtres romains au sens du ius sacrum. Ce questionnement doit être analysé en termes d’orthopraxie et de pureté. Il nous faut distinguer les sacerdotes romains selon qu’ils sont des « prêtres statues »c’est-à-dire des incarnations physiques de la divinité qu’ils servent ou de simples « maîtres du sacré ». Les premiers doivent être parfaits physiquement, que ce soit lors de leur entrée en fonction ou tout au long de l’exercice de leur dignité. Cette intégrité physique totale est à la fois nécessaire pour garantir la bonne exécution et la pureté des rituels religieux, et aussi – et surtout – en raison du fait que les prêtres de cette catégorie sont assimilés aux Dieux dont ils doivent entretenir le culte. En ce qui concerne les « maîtres du sacré », ces derniers sont probablement choisis sur la base d’une condition physique suffisamment bonne pour assurer l’orthopraxie. En-dehors de cette exigence a minima, nos certitudes deviennent plus floues et l’on peut penser que les Romains procédaient au cas par cas. En cours de charge, les « maîtres du sacré »devaient conserver les qualités physiques garantissant la bonne exécution des rites, faute de quoi, ils risquaient de devoir se faire remplacer. Entering the field of Disability Studies, we question the necessity of the physical integrity of Roman priests in the sense of ius sacrum. This questioning must be analyzed in terms of orthopraxy and purity. We must distinguish between Roman priests according to whether they are «statue priests», i.e. physical incarnations of the divinity they serve, or simple «masters of the sacred». The first ones must be physically perfect, whether it is at the time of their entry in function or throughout the exercise of their dignity. This total physical integrity is both necessary to guarantee the proper performance and purity of religious rituals, and also - and above all - because priests in this category are assimilated to the gods whose worship they must maintain. As for the «masters of the sacred», they are probably chosen on the basis of a sufficiently good physical condition to ensure orthopraxy. Apart from this minimum requirement, our certainties become less clear and we can think that the Romans proceeded on a case by case basis. During the course of their duties, the «masters of the sacred» had to maintain the physical qualities that guaranteed the proper execution of the rites, otherwise they risked having to be replaced.

Once voted into office, populist governments have often found undemocratic means to prolong their stay. The literature on populists in power is evolving and expanding. However, it has mainly focused on how the populists in power attack institutions such as the judiciary, rule erosion, and dirty institutionalism. How populists make use of the law and the judiciary to prolong their authoritarian rule remains an area that is under-researched. The populists’ use of informal institutions such as the unofficial law when in power has not been studied either. This paper addresses these gaps in the populism literature by studying Turkey’s Islamist populist ruling party’s use of informal law in prolonging its authoritarian rule. The paper argues that the Islamist civilisational populist AKP has been using informal Islamist law for both the legitimation of its rule and the repression of the opposition. It shows how the AKP officials, the state’s Directorate of Religious Affairs (Diyanet), the pro-AKP Sharia scholars, and other informal religious authorities employ the civilisational populist Islamist legal narrative to argue that according to Sharia it is obligatory to choose the side of the God that is represented by the AKP and to vote against the infidel opposition that is an existential danger to the pure Muslim people of Turkey and their religion. The paper combines and contributes to two theoretical strands. The first is civilisational populism, and the second is the informal institutions, with a focus on informal law and legal pluralism.

The progress of Islamic banking is a parameter for the sustainability of the sharia economy, Sharia Bank has a very important function, namely as a collection and distribution of funds to the public based on Islamic religious law, the sharia banking division, namely BRI Syariah, Mandiri Syariah and BNI Syariah is expected to be able to boost the existence of Islamic banks whose existence is very far behind when compared to Conventional Banks. The purpose of this study is to analyze the development of Islamic banking in Indonesia after the three sharia bank margins. The method used in this study is analysis. The role of the Sharia Bank has received full attention from the government and is expected to be able to strengthen the national economy and contribute as an international bank.

This article explores one tumultuous encounter between a religious legal tradition and the modern principle of equality—an encounter that also has the potential to shed light on a much wider cluster of questions. The author tracks the ways that the responsa written by prominent Conservative rabbis on the subject of female rabbinic ordination and gender equality implicitly (but unambiguously) reflect the push toward increased equality that weighed on the movement's trajectory, showing that the debate about the ordination of female rabbis reveals two principal trends in Conservative legal rulings, which differ in their responses to the challenge of egalitarianism and their visions of the law, and notes two outlier responsa that cannot be neatly classified within either trend. The author then examines the deep-seated historical, ideational, and sociological processes concurrent with the rise of what some have called the egalitarian age, which have produced these diverging responses and visions, and it determines an appropriate framework to understand them. The author shows that the fight for increased gender equality is situated within an intricate social context that imbues it with meaning and shapes its outcomes and modes of expression. In concluding, the author suggests applying the insights gained in the course of the analysis to other circumstances in which gender egalitarianism clashes with religious tradition. The framework by which the ordination of women in the Conservative movement is analyzed also proves useful, mutatis mutandis, in understanding and comparing the responses of other faith communities as they deal with challenges caused by the egalitarian age.

During the 1990s, a period representing the peak of often novel interpretations in human rights litigation by the judges of the Egyptian Supreme Constitutional Court, Egypt’s human rights performance was better than in other Islamic states sharing a commitment to the supremacy of Shari’a law. This article argues that there is a gap between the dogmatic assertion of the communal good life defined in traditional Islamic terms and the reality of governance usually at odds with these stipulations. The peculiar practice of the Egyptian Supreme Constitutional Court in the 1990s highlighted two crucial, related questions: first, was it in principle possible to narrow that gap and align governmental action to rules derived from scripture? Second, does the highly fragmented and inconsistent character of classical Islamic law offer advantages in its adaptation to modernity? This article claims that the relative progress towards compliance with international human rights standards was due to progressive and strategically litigating judges, who used Islamic law opportunistically rather than dogmatically.

The market for sports-abaya in Saudi Arabia is growing due to an increasing participation rate of Islamic women in fitness and sports activities. As mandated by religious law, an abaya must be worn over daily clothes or sportswear by women in order to hide their body contour. The additional layer of the abaya will affect thermal comfort and performance of the wearer. Hence, a sports-abaya needs to be specifically designed to facilitate thermal comfort. This necessitates the selection and evaluation of fabrics appropriate for use in the production of sports-abaya. This study compared two fabrics (100% cotton knit and 100% polyester woven) for their air permeability, thermal resistance and evaporative resistance. The fabrics were then incorporated as sole variable into two models of sports-abaya. The thermal properties of these abayas were evaluated using a female thermal manikin in both standing and walking positions. Comparison was made with the results of a traditional abaya. The research work revealed that polyester woven fabric has a higher air permeability (44.9 mL/cm2/s) than cotton knitted fabric (24.1 mL/cm2/s). The vapor resistance of polyester fabric was lower than cotton fabric and their thermal resistant did not show any significant difference. Consequently, thermal manikin evaluation showed results favoring sports-abaya containing polyester fabric in both standing and walking positions. Furthermore, the thermal resistant and vapor resistant values of sports-abayas were lower compared with those of the traditional abaya. This leads to the conclusion that the newly designed sports-abaya containing 100% polyester woven fabric provides better thermal comfort than traditional abaya and sports-abaya containing 100% cotton fabric.

The two main sources of Islam are the Quran and the hadith of the Prophet. From these two sources, there appear Ijma’ (consensus) and Qiyas (analogic reasoning) as supporting complements to Islamic law. Both sources enable Muslims to apply any injunction (nass) to a new circumstance and create a new injunction. With the advancement of the information technology, these two sources are easily referred through cd, soft wares, online information which provide traditional and modern commentaries on the Quran. While the Hadith has been regarded as a secondary source and covers various aspects of human life in social interaction, economic life and personal welfare. The issue that come to our concern is that how to identify hadith authenticity and sources prior to be considered as Islamic source of reference. This is necessary to prevent Muslims from being exposed to negative effect such as their faith, religious law and other acts of worship. Furthermore, the number of fabricated hadiths keep increasing from day to day thus making the public are often confused about the legitimacy of the practice and source. This paper therefore will focus on the legality of hadiths of the Prophet that involve studying and examining its authenticity and to investigate their impacts on religious beliefs, besides suggesting solutions to the issue. The methodology employed involves analysis of secondary data from books and other modern writings. This study also used other qualitative methods such as interviews with Muslim religious leaders who will provide necessary views concerning the issue.

This article aims to introduce more deeply about the limits of religious tolerance in an Islamic perspective. This research method is library research. The analysis used in this research is to use descriptive analysis. The data is classified and then adjusted according to the study in sequence. For this reason, researchers use books or journals and research results relating to this article. The results of this study indicate that, in the view of Islam, the limit of tolerance is that humans are social beings who are of course required to interact with other individuals, even Islam provides a clear domain. Included in interacting is of course still prioritizing respectful prices, not dropping each other, remaining within the corridor limits stipulated in the Islamic religious law.

One of the effective jurisprudential rules in the process of inferring the religious law is the rule of justice. Although this term has been used in the works of jurists of recent times, but jurists of various periods have used this rule in various issues. One of the things that needs to be covered by this rule is the issue of intentional murders, which occur multiple times and have a specific murderer. The well-known opinion of Shi’a jurists is only the Qiṣāṣ (retribution) of the murderer. While it seems that this rule is not necessary for the rule of justice. The clear question is whether the rule of justice plays a role in this case. Or that the religious rulings in this regard should be considered devotionally, and in the next stage, if justice has a place, is it necessary to retaliate, or should a blood money be paid to all the avengers of blood? The purpose of this article is the jurisprudential analysis of this issue in the light of the rule of justice. Because in the intentional murder of one person, several people of the victim's family have been harmed in two ways that the revenge of the murderer has only one aspect and the aspect of compensation is remained. Or assuming that Qiṣāṣ is fair, the compensation is for one murder and not several murders. One of the most important findings of the research is that the rule of justice can play a role as a basic and pivotal rule in relation to the religious rules and by observing the element of time and place.

In relation to promoting global issues in international forums, several sources of international law are formed. These formed laws are in the figure of law-making treaties, which are closely related to international regimes that influence the behavior of international actors. However, in developing countries, such as Indonesia, International law is considered the outermost layer of the legal order under national law, colonial law, religious law, and customary law. Thus, it is a challenge for international laws to be enforced in a broad society. Therefore to make international law hold an implementative power, the laws need to be adopted in the national law. This article aims to examine the implication of international laws, especially in international treaties towards Indonesia legislation. It is carried out by mapping a series of international treaties ratified and enacted through national laws in Indonesia. The results of this study demonstrates that until 2019 the Indonesian Government has bound itself in 302 agreements. From the 302 treaties, only 61 international treaties were Law-Making Treaty, and only UNCLOS 1982 has implicated by the Indonesian Government through Law No. 32 of 2014 concerning Maritime Law.

Civil Law is a provision that regulates the rights and interests of individuals in society. The history of the development of civil Law in Indonesia cannot be separated from the history of legal science development in other European countries. Law in Indonesia is a mixture of European legal systems, religious Law, and customary law. Most of the systems adopted, both civil and criminal, are based on continental European Law. This study uses a research methodology that reviews normative juridical studies conducted by synthesizing deductive conclusions from statements in data sources such as library materials including journals, books, documents, and literature or secondary Law such as laws, legal theory, court decisions, relevant expert opinion and related to the discussion in this journal. This research is an analytical prescriptive that synthesizes data, analyzes, and concludes qualitatively. Civil Law in Indonesia comes from the Dutch language, namely Burgerlijk Recht, derived from the Burgerlijk Wetboek (B.W), which in Indonesia is known as the Civil Code (KUH Perdata). Civil Law in Indonesia is somewhat different from the civil Law that applies in the Netherlands. Burgelijk Wetboek's systematics consists of Van Personen, Van Zaken, Van Verbintenissen, Van Bewijaeu Veryaring.

Contemporary Islamic legal studies – both inside and outside the Muslim world – commonly relies upon a secular distortion of law. In this article, I use translation as a metonym for secular transformations and, accordingly, I will demonstrate how secular ideology translates the Islamic tradition. A secular translation converts the Islamic tradition into “religion” (the non-secular) and Islamic law into “sharia” – a term intended to represent the English mispronunciation of the Arabic word شريعة (sharīʿah). I explore the differences between historical Islamic terms and secular terms in order to demonstrate that coloniality generates religion and religious law; in turn, these two notions convert شريعة (sharīʿah) into “sharia” in both Arabic and non-Arabic languages. Consequently, the notion of “sharia” is part of a colonial system of meaning.

Komunikasi Sebagai Subyek Intergrasi-Interkoneksi The presence of this paper is motivated by the presence of a number of preachers who prioritize the value of entertainment in their da'wah rather than the values of preaching delivered to a mad'u. Many of us say that this preacher is comfortable speaking because he is able to keep the madam entertained (laughs). This article examines the missionary work of a kiai in his community, Habib Mustafa Al-Djufri, a unique kiai figure who is different from other kiai in general. There is a special attraction in all aspects of life for the Situbondo community. The findings obtained in this paper are: Da'wah social construction of Habib Mustafa in the process of externalization is a process of self-adaptation to the socio-cultural world, social construction of the objectivation process is the creation of a propaganda product by making the experience of preaching so that the creation of a new propaganda product that forces for the apply in real life. The next thing is social construction in the process of internalization is a moment of self-socialization on propaganda products that are applied to social reality, namely the formation of Habib Mustafa's social constructions which consist of three ways of socialization: a) by preaching bi al oral b) by preaching bi al qolam and c ) with propaganda bi al p. In applying the three moments above and then becoming the social reality of da'wah which is the main basis here there are all forms of values in religion.

This article aims to discuss the interpretation of the Khilafah as the opposition to secularization of politics according Sayyid Quthb. The proponents of secularism assume that state law cannot be put together with the religious law because of the absence of a relation. In addition, secularism tries to destroy the Khilafah Islamiyyah and the Sultanate of Ottoman Turkey in the 19th while the sultanate was led by Musthofa Kemal who attempts to affect the country and to destroy Islam as religion in the country. Rasullullah as the first khalifah of Islam has shown that a country can be built by following the Qur’an and Sunnah. That can be proven with the formation of the state in Medina and the Medina Charter as the law of this country. Based on this background, the Author Attempts to study thematically the problem of Khilafah in the Qur’an according to Sayyid Quthb in his Tafsir in order to discover how he opposes secularism through proposing his concept of Khilafah. In addition, the Author also uses Socio literature approach to describe sociological aspect of the interpretation of the Qur’an pertaining to the problem of Khilafah. Sayyid Quthb suggested that state law cannot be separated from Islamic law. It was because that appointing man to be a khalifah in the earth has been declared initially before the creating of Adam that has been equipped with the intellect the benefit of which is for scrutinizing all laws of Allah, having been recorded in the verses of Qur’an. This law will help human being to perform their obligations as khilafatu al-ardhi Therefore, if the state keeps the laws of Islam instead of the laws of country, it will cause muslim community keeps away from the sharia and put forward their thought and passion.

What explains the variation in support for the implementation of formal religious laws in societies? To address the question, we analyse the socioeconomic bases of support for sharia, Islamic law. ...

This article discusses Islamic civilians' struggles in gaining recognition of ‘positivization’ of Zakat Law No. 38/1999 and analyzes dynamics of relations between religion and the state in Indonesia. A period of democratic transition from Suharto to B.J. Habibie (Reform era 1998) marked an entry point for a new phase of state juridical recognition to Islamic law. In this paper, the dynamics of political recognition of zakat law are elucidated from a historical-critical analysis. The findings are twofold. Firstly, the zakat law was enacted during B.J. Habibie’s administration, where waves of democratization began. Secondly, the Islamic civilians played an important role in institutionalizing zakat and providing political support for the Ministry of Religion's efforts in proposing Zakat Management Bill (RUUPZ) to the House of Representatives. The state acknowledged multicultural society by adopting their living religious law whose application does not threaten the nation's unity.

Başlangıçta yerleşik hayat tarzını benimseyen Kırgızlar, ister 1212 senesinden sonraki Cengiz Han hakimiyeti ister 1865 senesinden sonraki Çarlık Rusya baskısından dolayı, hürriyet arayışı içinde stratejik açıdan önemli olan kırsal ve dağlık bölgelere çekilmiştir. Bu nedenle, asırlarca İslam dini ile yaşamasına rağmen, Kırgız toplumu diğer Türk boylarından farklı olarak, kırsal ve dağlık bölgelerde hâkim olan göçebelik gereği, şerî hukuktan daha ziyade hayatın her aşamasında örfî hukuku esas almıştır. Bu makalede, Kırgız halkının nişanlılık konusuyla ilgili örfî teamüller, İslam hukuku açısından ele alınmaya, ilgili her konunun fıkıhtaki yeri tespit edilmeye çalışılmıştır. Örfî hukuk ile şer‘î hukukun kesiştiği nokta olarak nişan konusu, özellikle “Kırgız Örf – Âdetinde Nişan ve Nişandan Dönmenin Cezaları”, “İslam Hukukunda Nişan ve Nişanı Bozmanın Hukukî Sonuçları”, “Nişanlı Bir Kızı Başkasıyla Evlendirmenin Kırgız Örf-Âdetindeki Cezaları ve İslam Hukukundaki Yeri”, “Nişanlı Kızın Bakire Çıkmamasına İlişkin Örfî ve Şer‘î Cezalar”, “Nişan Sürecinde Vefat Eden Kızın Yerine Kız Kardeşinin veya Ölmüş Erkeğin Yerine Erkek Kardeşinin Geçmesi Konusu ve Fıkıhtaki Yeri”, “Kırgız Toplumundaki Beşik Kertme Nişanı İle İlgili Örfî Teâmüller ve Bu Teâmüllerin Fıkıh İlmi Açısından Analizi ” gibi konular altında ele alınarak, önemli bulgu ve sonuçlara ulaşılmıştır.

Human being is prone to error. A man comes to face different situations and issues in his life that he never faced earlier, so is unaware of their consequences. That's why tackling the new situations and dealing with issues, that were earlier never faced is a big challenge in everyone's life which throws one into a dilemma and confusion. In such circumstances Islamic religious law (Sharia) guides us towards utilizing our intellect and wisdom to solve the problem and delegating our job to Allah, catching hold of the strongest ring of his trust and reliance, this is what you name "Agency or Delegation" (Wakalah).

This article demonstrates that the legal reasoning dominant in modern states secularises traditions by converting them into ‘religions’. Using a case study on Germany’s recent regulation of male circumcision, we illustrate that religions have (at least) three dimensions: religiosity (private belief, individual right and autonomous choice); religious law (a divinely ordained legal code); and religious groups (public threat). When states restrict traditions within these three dimensions, they construct ‘religions’ within a secularisation triangle. Our theoretical model of a secularisation triangle illuminates that, in many Western states, there is a three-way relationship between a post-Christian state and both its Jewish and Muslim minorities. Our two theoretical proposals—the secularisation triangle and the trilateral relationship—contribute to a re-examination of religious freedom from the perspective of minority traditions and minority communities.

This research describes the contribution of MUI in the reconfiguration of sharia in Indonesia, from being an unwritten law to a binding law. MUI's efforts in reconfiguring sharia are carried out through the bureaucratization of sharia, namely the process of incorporation of sharia into national law which at an empirical level has been lived and carried out by the Muslim community in Indonesia. In contrast to the process of shariatisation or law Islamization which presupposes the replacement of national law with religious law, sharia bureaucratization is the work of labeling sharia law in legislation as an effort to guarantee legal certainty, administrative order, and achieve justice in legal disputes. The significance of the MUI's contribution in the effort to reconfigure Islamic law is evidenced by the issuance of statutory regulations sourced from fatwa products. Reconfiguration efforts are carried out in three ways, namely; First, to provide support for the birth of certain laws and regulations; Second, provide critical support and correction to a statutory regulation; Third, give a sharia fatwa.

This article examines deviations from the original purpose of the regional autonomy system in the Reformation era. Since the beginning, the local autonomy system was a response to a centralized government system during the New Order regime. The implementation of regional autonomy so that each region can regulate, develop, and advance its region. However, the spirit of regional autonomy has been distorted due to public policies' existence through a set of rules that impose religious law, which ultimately limits the development of other religions. In reality, regional / regency regulations with religious nuances clash with the Republic of Indonesia's existing constitution. This study uses the literature method approach, which focuses on the topic of regional autonomy as well as conducting interviews with national figures Andreas A. Yewangoe because his thoughts will be raised in responding to deviations from the original purpose of the formation of regional autonomy policies in Indonesia. In conclusion, Yewangoe gave a theological response so that matters of religious law were aimed at his religious group, not being forced to be applied in a heterogeneous public space to create democracy in Indonesia following the principles of humanity and justice for Indonesian people.

This study examines the impact of socio-economic factors on the number of good governance codes and issuers of the first codes at the macro-country level. By covering 3200 observations for 160 countries over 1995–2014, this study reports that countries with Anglo-Saxon culture and strong investor protection laws have developed a large number of good governance codes to meet the efficiency needs of legal, political, and cultural values. Moreover, this paper shows that countries with English common law origin alongside civil or religious law have developed a large number of good governance codes. Furthermore, this study indicates that countries with high regulatory quality index have issued a large number of governance codes as a response to the external forces that emerge from coercive associations. However, this study found a positive and significant association between the control of corruption index and the number of governance codes issued by governments to mitigate corruption risk. Additionally, this study reports that countries that issued a large number of good governance codes have gained substantial foreign direct investments inflows and financial aid. This study, therefore, provides meaningful implications for governments and policymakers in countries with weak regulations to issue new governance codes for protecting investors’ rights, thus gain more financial resources.

Constitutionally, Indonesia is neither a religious state nor a secular state, but a state based on Pancasila. The ideology of this nation also influences the development of law in it, which is not based on religion nor adheres to the secular legal system. Based on the Pancasila philosophy, Indonesia's national legal system recognizes religious law, customary law and Western law as a source of material law in the formation of national law. The existence of Islamic law in the national legal system experienced ups and downs, due to the influence of the political power of each era of government. Transforming Islamic law into national law requires negotiation and dialectics through a friendly approach and does not trigger national disintegration. So that the process of transformation into the resulting national law can be divided into two forms, first, Islamic law is adapted into positive law in the form of organic law. Second, accommodation in the form of absorption of Islamic values into national law, by not using Islamic / Islamic labels. The transformation of Islamic law into national law is a manifestation of responsive and accommodative legal development.

This article aims to elaborate on the pre-Ghazzālī period Sufis’ approaches to the concept of knowledge. We know that Ghazzālī, as a milestone in the Islamic thought, satisfies in taṣawwuf after a long quest. He benefits from the Sunnī taṣawwuf already established before him. Therefore, the importance of the sources feeding Ghazzālī’s Sufi view is manifest. Thus, in this article, I focus on the ideas of the main figures of the Sunnī taṣawwuf regarding the concept of knowledge. Having stated concisely about what taṣawwuf is, the concepts of knowledge and gnosis were described. And then, the ideas of the Sufis on knowledge and its ways were examined. I concluded at the end of the research that the Sufis restrict human reason (ʿaql) into the worldly life while giving the intuitional knowledge priority. Also, they separate the reality (ḥaqīqa) from religious law (sharīʿa). For the former, intuitional knowledge is a necessity, while the human reason is useful and responsible for the latter. Finally, it is hard to say that compared to Ghazzālī, Suhrawardī, and Ibn al-ʿArabī, those Sufis have a consistent epistemology when they set forth their view.

Saul Kripke, commenting on Wittgenstein’s Philosophical Investigations (his idiosyncratic understanding of Wittgenstein’s work came to be known as Kripkenstein), relates the following thought experiment: let us suppose that one has never added numbers greater than 50 before. A “bizarre sceptic” could argue that there is no hard evidence against the hypothesis that it has only ever been meant for instance, that: What can be retorted to that man? This problem appears in some extreme cases of problematic legal interpretation. One particularly telling example is that of space law. In a sense, the very existence of space law reflects the attitude of Kripkenstein’s sceptic, in the sense that, above a certain altitude, the traditional held rules cease to apply. We propose however that any understanding of changes of legal interpretation must take the paradox into account, and that instances of breaking precedent, in particular, can be fruitfully construed in light of Kripkenstein’s hypotheses. Additionally, and as noted by Jean-Michel Salanskis, if we were to justify that by “plus”, it has always been meant “addition”, we would therefore need to infer another rule (a rule of interpretation). This rule needs, in its turn to be justified by another rule etc., hence the necessity for legal practitioners to define these rules and generally establish a closed, functional and coherent system of hermeneutics. Religious law offers strikingly extreme thoughts experiments in the same matter.

Artykuł przedstawia panoramę utworów biograficznych, kreślących obrazy życia w społecznościach muzułmańskich. Opowieści były budowane przez autobiografów wokół kilku zasadniczych tematów: konfliktów w małżeństwach mieszanych, doświadczeń specyficznej przemocy w rodzinie muzułmańskiej, prześladowań innowierców, terroru w dominiach pod panowaniem m.in. ISIS, Boko Haram, współczesnych zagrożeń terroryzmem i fanatyzmem islamskim. Ponadto dużą grupę pamiętników tworzą te, których głównym tematem jest reforma religii oraz konwersje z islamu na chrześcijaństwo. Wizerunek świata islamu, który wyłania się z pamiętników, to rzeczywistość, w której podstawowym problemem jest przemoc motywowana w sposób religijno-kulturowy. Doświadczenie przemocy lub sprzeciw wobec niej jest zazwyczaj główną osią narracji pamiętnikarskich. Autorzy biografii wskazują przede wszystkim na szariat – prawo religijne islamu jako główne źródło zachowań przemocowych.

Reference of jurisprudential texts to religion brings to mind the religious right and the obligation to resemble with divisions of law in France. In the legal system of Islam, dhimmah (treaty or obligation) have been extensively used along ages and in different fields. On the contrary, in the classical law and French law, the title "Patrimoine" (asset or property) is used throughout the commitments. In the religious law, a person who is called a creditor or promisee has direct rights over another person who is called debtor or promisor. Since debt is directly related to individuals’ obligations, so to identify exact meaning and concept of religious or individual right, it is necessary to examine its execution which is the very dhimmah in jurisprudence or the property and obligation mentioned by Arab and French lawyers. In spite of the similarities between these two terms, there is no comparable capability between the dhimmah and the asset; for the term dhimma is not compatible with the term "Patrimoine" (asset); hence, in this article, these two terms are to be conceptualized and compared.

This article discusses the application of the manhaj or the ijtihad method to the political aspects of the state. The focus of the problem is, can ijtihad be applied to the political aspects of the state, not only to the aspects of fiqh or religious law? Some Muslims still understand that the position of ijtihad is limited to the aspect of fiqh alone. for example, matters of the law of religious observances, marriage and other social institutions). During the period of the Prophet Muhammad, when he moved to Medina, the Prophet made a political commitment as a nation and state involving various ethnic, ethnic and religious layers in Medina. This political commitment is called Shahifah Madinah or Watsiqah Madinah (Medina charter), which consists of 47 articles as the basis for living together with the nation and state. Until now, in a very modern world, the Medina Charter is still considered the most modern political monumental ijtihad ever practiced by the Prophet Muhammad. Based on the above thought background, ijtihad can be used as a method of approach in formulating the concepts of state politics.

Allah (God) has sent messengers at every time of history to make the belief in monotheism dominate. He has sent leaf to some of these messengers and books to some other, as well as giving responsibility to some of them to continue the previous sharia (religious law). The miracle and qualification he gave to each prophet was different. He mentioned some prophets more and some of them were more concise in the Qur'an. One of the prophets mentioned a little is prophet Idris. The Quran mentioned prophet Idris in two places. It describes him as faithful and patient. It has been a matter of curiosity for commentators to inform that Idris has been ascended to an honourable position (holy place) in the Quran. The commentators have made different views throughout the history to understand the issue, but could not agree on the common opinion. However, many narrations about the subject have made the issue an impenetrable. The question that scholars are trying to find answers is what was the honourable position Allah gives to prophet Idris, or how it happened. Although most of the commentators in the first term of the period claim the honourable position given to prophet Idris is spiritually and physically ascended to the sky, but they do not have a common opinion on how many floors in the sky he was ascended. There are those who say that the place where he was ascended is ascending to heaven as well as those who claim that it was the fourth or sixth floor of the sky. Very few of them suggested that Allah ascended him to protect him from the evil of his people. Most of the early commentators, except for a few commentators such as Maturidi, likens his ascending to the incident of prophet Isaac being raised. Some of the commentators bases the incident of ascending prophet Idris to the sky, to the meeting with the prophet Muhammad during his ascension. Some of the commentators who do not accept the idea that Idris was ascended spiritually and physically to the sky, evaluated his spiritual authority as given him lofty and spiritual authority. However, some of them considered that given thirty leaf (page) and prophecy to the Idris and having knowledge in different subjects are some of the superior authority that given to him. As far as we can understand, one of the most complex topics in the history of Islamic thought is the state of being ascended. It is not possible to claim that we will reach a final conclusion in this matter. The question of what it means to be given superior authority to prophet Idris, and the opinions of the commentators on this matter have aroused curiosity and this curiosity has prompted us to do a work in this manner. Our main aim in this study is to try to understand what is meaning of the following verse "We ascended him to a holy place."

Based on the analysis of the approaches contained in the domestic and foreign literature, the correlation of the principles of law and legal principles is analyzed. The problems of using methodological tools for scientific knowledge of these concepts are highlighted, and the criteria for their correlation are considered. The author shares the researchers’ viewpoint about the identity of legal principles and principles of law. The author’s definition of the principles of law (legal principles) is formulated. It is pointed out that the position contained in the literature on the identity of the principles of law (legal principles) and requirements is debatable. The principles of law (legal principles) are considered in the context of their identification as sources (forms) of law. The libertarian approach to understanding the principles of law (legal principles) is analyzed, and the thesis is formulated that it does not exhaust all the diversity of the value dimension of law. The author substantiates the non-adaptability of the positivist approach to the interpretation of the principles of law (legal principles) to the common law family states. The dualism inherent in the principles of law (legal principles) is emphasized, which is manifested in the qualities of universality and locality. In this perspective, the author highlights the problem of increasing influence of religious regulators of social behavior, which can inspire the development and expansion of dissonance between the principles of law based on secular and religious law. It is indicated that intensive immigration from clerical (theocratic) states exacerbates the problem of harmonization of the principles of law in the implementation of contacts between civilizations of different orientations and levels of development. The author shows tendencies of formation of national-cultural and religious enclaves within which "own principles of law" are applied, which produces the development of parallel "legal spaces" that strengthen social confrontation.

Radicalism does not only revolve around religious ideology, but the term has been incarnated in social, political and cultural life. Thus it means, any ideology or thought that has a negative effect (side effect) cause someone to be militant and fanatical can be categorized into radicalism. Religious radicalism which has recently surfaced, seems to imply the dissatisfaction of a people in its adaptation to another. This matter concerns the practice of life (mu'amalah) and worship (ubudiyah), especially about the different perspectives on the religion they profess. Different interpretations of seeing a religious law compounded by selfish reasoning leads to harmony elimination in society. Someone who is considered not in accordance with the same understanding, is considered to have deviated from the true teachings of Islam. Then, many influential people called on the people to return to the teachings of the true religion. He considers that he is obliged to straighten out the religious teachings that are bent from the practice of life. Unfortunately, this true teaching is only based on their own understanding. For him, the teachings as understood by him are considered pure and represent the teachings of true and legitimate Islam. If things like this continue, then surely the internal divisions of religious communities will certainly be wide open.

In many modern nation states, both rich and poor, traditional law to this day plays an important role. Given the almost universal prevalence of traditional law, it is surprising how little we know about it. This is the first study that tries to take stock of traditional law from a cross-country perspective. We are also interested in the compatibility of traditional law with state-enforced law and, in particular, with the basic traits of the rule of law. Based on a sample of up to 134 countries, we find that no ‘typical’ traditional law exists, but that traditional law varies in many dimensions such as its timely enforcement, its impartiality, and its protection of basic human rights. Societies that rely extensively on traditional law score low regarding both the rule of law and per capita income. Historical and geographical factors are important predictors of the contemporaneous reliance on traditional law. State antiquity, for example, reduces the prevalence of traditional law, as does a high share of descendants from European populations.

The Bayan villagers are known as the Bayan Indigenous Peoples, where in their lives, they always apply customary law rules without abandoning state and religious law, one of which is related to marriage. This study aims to determine and analyze the existence of customary law in the aspects of the social and cultural life of the Bayan Village community and what factors are supporting and inhibiting the existence of customary law in the socio-cultural aspect of the Bayan Village community. The approach used is a qualitative approach with an empirical sociology method. The sampling technique is the Purposive Sampling technique. Sources of data in this study are primary and secondary data sources. To collect research data observation, interview, documentation and literature study techniques are used. Furthermore, the data that has been obtained from the field are analyzed by comparison, then analyzed to draw generalizations or conclusions. This research concludes that up to now the Bayan community has always carried out traditional marriages with a marriage system called Mulang, which in the process began with the Mulang implementation, which at the peak of the event was carried out by the Customary Marriage tradition. This proves that until now the existence of customary law in the socio-cultural life of the community is still strong. The factors that support the existence of customary law in life are: 1) The concept of life of the Bayan community, 2) The existence of Bayan adat institutions in overseeing Bayan customary law, and 3) The strict sanctions of customary law that apply to Bayan villagers. Furthermore, in general fatktor that impedes it is the desire of local people to change their living systems and the lack of Bayan young people who respect the value of customs.

Da'wah is an effective means of the scholars to convey religious knowledge while maintaining the direction and orientation of the people. However, preaching with the provision of religious knowledge is not enough. Dai need to equip themselves with a pure heart, sincere love for others, love for the homeland, historical knowledge, respect and gratitude for previous scholars and leaders, and sincere aspirations to realize the common good, safety, prosperity and security for the wellbeing of the nation. In this article, the author, based on the thoughts and experiences of Habib Lutfi, the great Indonesian scholar who is also a reformer of Islamic da'wah in contemporary Indonesia, presents a fundamental da’wah thought reform which can be implemented in the contemporary Islamic world.  Habib Lutfi's messages lay a solid foundation for da’wah based on deep spirituality, the sincerity and purity, local history, revitalization of basic religious messages such as birrul walidain, trust in God (tauhid) and tolerance; unity, love for the motherland and arousing pride in the nation's own products. Habib Lutfi also emphasized that the next generation should not disappoint their predecessors , and that unity and economic nationalism for the wellbeing of the nation is closer to daulatul Islamiyah than aspiration for the formalization of religious law. Habib Lutfi's preaching approach summarized in the love for the country has been proven to be effective in tackling the increasing hoaxes and dividing the people. Habib Lutfi's da’wah is flexible, inclusive and based on solid foundation of sanad chain.

Self-education is: addressing oneself, shaping and directing vital activities, correcting the motivations, and considering the ultimate destination and orientation of activities for God. Accordingly, in this article, by following the language of revelation and sacred religious law, the grace and mercy of God is introduced as the most important element of cultivation and education; but the main responsible in self-purification and soul-education is the human being himself. Man hears the spiritual diseases and illnesses from the language of the revelation and the sacred religious law, but the one who ultimately has to find out his illness and take special medicine is man himself. In this regard, we have examined the elements of individual responsibility, the ability to sustain and the faith in the liberty of people, the areas of jihad, and the self-purification and of tools such as repentance, believing in God as the observer and shortening the dreams that helps people to educate themselves. We have used the library and documentary method in this research.

Marriage isbat is a method by husband and wife who have been legally married according to religious law in obtaining state recognition of the marriage so that it is legally binding. Judges in carrying out their duties and authorities, especially judges under the environment of the religious court, are guided by the principles of Islamic personality in the Judicial Power Act, namely the religious court is one of the executors of judicial power for people seeking justice in Islam regarding certain cases. Courts in the religious court environment examine, decide and settle certain cases, one of which includes marital matters. Judge's considerations in setting a case specifically on marriage isbat, the judge must be guided by the Qur'an and the hadith of the Prophet, as well as ijtihad scholars on the values ​​of the philosophy of marriage law in the teachings of Islam. Marriage isbat provides legal certainty and usefulness. The existence of the determination of the case has its benefits and provides legal certainty on the legality of marriage both in religious law and in state law so that the legal objectives are achieved.

The study of the role of multiculturalism in Tunisian family law reveals a paradox. Before independence, Jews and Muslims had their own courts which applied their own religious law, whereas French and other European citizens went to colonial courts. Right after independence, however, Tunisian family law broke with this pluralistic logic as far as religion was concerned. It also turned its back on traditional Islamic family law and adopted a modern family law that provided practically no room for diversity. Because its family model was unique among Arabic countries, the Tunisian legal system and its courts protected it by rejecting all other family models, especially those that were inspired by the Islamic tradition. Some courts, however, still follow an Islamic interpretation of Tunisian family law. By doing so, they have adopted an Islamic conception of the family which excludes non-Muslim persons. Religious distinctions have thus been brought back into a system which, at first glance, appears not to make such distinctions. Ultimately, religious diversity is becoming a source of discrimination.

The origin of exclaustration «ad nutum Sanctae Sedis»' in the Latin Church, as a consequence of the protective measure of «vita communis» (can. 594 CIC). The so-called exclaustration ad nutum Sanctae Sedis, in the Latin Church, gradually developed from the temporary secularization, i.e. in some serious instances a period of exclaustration was granted to a religious. Such a practice came to life around the XIX century. In fact, the Apostolic See began the practice of imposing exclaustration in the early 50’s of the previous century. The imposition of exclaustration on a perpetually professed was exercised by way of an indult requiring of him living temporarily out of community. The above procedure was part of a protective measure of the vita communis, and it often was a result of circumstances independent of the religious, such as establishing a new religious institute or as a result of the challenges and difficulties faced by the Western civilization, which had a significant impact on religious life in the 60’s of the previous century. The exclaustration ad nutum Sanctae Sedis was imposed in cases, in which there was a need for a perpetually professed to be formally expelled; due to the formal or material impediment, however, such a procedure could not be executed. The new Code of Canon Law of 1983 adopted such procedures and they were finally included in the Code.

South Africa is one of the most prominent examples of pluralism providing recognition to traditional customary and religious law. South Africa’s commitment to legal pluralism is an important development because it reflects not only constitutional dedication tomulticulturalism but also a political and functional need for incorporating traditional and religious legal systems. The legal recognition of Muslim Personal Law in South Africa provides an ideal case study on legal pluralism supported by a multicultural constitutional process. Over 15 years of democracy have passed and the draft Muslim Marriages Act has not yet been introduced into legislation. The issue of legal recognition of Muslim Personal Law in South Africa has highlighted the difficulties that arise when balancing the commitment to individual human rights and religious rights. This paper explores the question: What is the future of Muslim Personal Law in South Africa? Since the draft Muslim Marriages Act has not yet been enacted into legislation, it presents an opportunity to re-examine and rethink how to implement religious law effectively in a secular state. This is discussed in the paper by presentingvarious multicultural and pluralistic jurisdictional family law models, which look at the key relationship between civil and religious authorities.