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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

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.

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.

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.

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 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.

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.

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.

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.

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.

This paper suggests the use of cultural expertise as encompassing concept that can account for the natural cultural competence developed in Iran. In earlier times, Zoroastrian law was first based on religious norms and the primary theological division between sins and offenses. Iranians had to adapt to different legal systems: customary law, religious law and secular law. Priests, jurists, judges, officials and translators were the main cultural “experts” and mediators between the people and the normative institutions. The introduction of imami legal theories and jurisprudence in the 16th century together with the reinforcement of the secular political power engaged Iran in a stabilized judicial context ruled by shiʿi scholars, qāzis and mujtahids. In 1919, as a consequence of the new French inspired Constitution, the Ministry of Justice, in order to train a new generation of judges, magistrates and justice personnel, set up a law school. Professors, who can be considered as cultural experts, contributed to the acculturation process initiated in the judicial system. Examples of his continuous struggle are recounted in Ostad Elahi's (1895-1974) memoirs, relating the difficulty Iranians had to accept the change, both cultural and psychological, initiated by the modernization and westernization program put into operation (1911-1935).

Indonesia has been facing a serious threat from fake news and hate speech which is wildly disseminated through social media. As the largest Muslim-majority country in the world, health issues and their link to religion are one of the most discussed topics on social media in this country. The aim of this study is to introduce a strategy to counterbalance fake news on vaccine issues. This research employed a mixed-method approach that used content of analysis data obtained from social media monitoring. In addition, semi-structured interviews were conducted with 15 participants from various sectors related to vaccine issues. Monitoring of six female Facebook users in anti-vaccine groups revealed that the top five topics discussed in Indonesia were halal certification, conspiracy, adverse effects, adjuvants, and vaccine substitution. This research recommends a communication strategy to counterbalance fake news on the vaccine, employing both medical professionals and trusted, influential members of the religious community to educate the public. They should have a strong background in medical issues and understand Islamic perspectives. The involvement of Ulama (Islamic religious leaders) is important and needed to explain that vaccines do not violate religious law.

Superstition is a social and human problem. Existence of superstitions cannot be ruled out in any human society. We find that not only Muslims, but also other people are subject to superstitions, anxiety and unrest. There is a dire need to review and analyze the religious factors and effects of Superstition, thence tell how Islam guides to get rid of it. Religion, and religious law are the basis of a Muslim society. Religions in its true spirit is but a way to demonstrate servitude to God. This is all about obedience. Religion is a transcendental and eternal set of divine instructions. It appears not only in the form of piety and recompense, but also it influences the inner self of human beings, hence it affects our actions, consciously or unconsciously. The basic objective of the Islamic teachings is character building and purification of souls to make a pious man. Only this type of human can be free from the negative cults, superstitions and anxiety produced by the modern age, only this human can be a true obedient servant of God. Superstitions are metaphysical interpretations of some physical phenomena. In the realm of metaphysics, the religion is the only authority. So we can cure the problem of superstition through the correct knowledge of the religion.

The article comparatively maps state involvement in the establishment of filiation and the placement of destitute children into new families. It first reports findings from an expert survey that investigates four key areas of state involvement—the legal framework, the role of courts and ministries, guardianship regulations, and financial support and services for destitute children—across fourteen jurisdictions, twelve Muslim-majority countries, and two Muslim-minority countries. Overall, the placement of children into new families remains a sensitive issue because it is linked to different communities “claiming” the child. In principle, the states surveyed do not allow the creation of new families across religious lines. Using Jordan as a case study, the article then focuses on the implications of one particular survey finding: non-Muslims in Muslim-majority countries sometimes cannot have children placed into their homes. This finding is based on qualitative data collected in Jordan on adoption (tabannī) in the Greek Catholic community. The article argues that in settings of legal pluralism, state involvement affects different religious communities in different ways. In Jordan, due to structural factors, the state shapes Islamic family law differently than the family laws applied by Christian communities. This leads to the unequal development of different bodies of religious law and thereby to the unequal treatment of Muslim and Christian citizens.

Mahfud MD states that the Pancasila State is a constitutional state and is final, even in terms of religious/fiqh law can be declared valid and correct. The results of the ijtihad of the ulama of ushul fiqh also mentioned that the choice of national law based on the Pancasila and the 1945 Constitution of the Republic of Indonesia was the right choice and was recognized syara'. Indonesia's legal state also accepts the spiritual value of religious law. Written law and all procedural provisions (rechtsstaaf) are accepted but must be put in order to uphold justice (the rule of law). Written provisions that prevent justice can be abandoned. This is confirmed in the provisions of Article 24 paragraph (1) of the 1945 Constitution which states that the function of the judicial authority is to enforce law and justice, and Article 28D paragraph (1) concerning the right to obtain legal certainty and Article 28H that the law must be built on the basis of justice benefits. Jurisprudence law with national law has the same substance in maintaining and encouraging the development of a legal system based on social justice and public benefit (al-manfa'ah al-ammah) as has also been voiced and championed by the founders of the state when they are compiling the state ideology, namely Pancasila. Those who are predominantly Muslim have an open attitude to respect and accommodate the interests of other faith groups and religions. Abdurrahman Wahid also emphasized that the founders of the nation (such as Ki Bagus Hadikusumo, Abdul Wahid Hasyim, Kahar Mudzakkar, Agus Salim, and Ahmad Subardjo) who were experts in the field of Jurisprudence had absorbed and adopted the principles and objectives of fiqh law that had a value of justice, benefit, humanity and shura in the Pancasila state system.

The purpose of this study was to investigate the occurrence or non-occurrence of divorce in cyberspace by email, texting or other mass media, the research was descriptive- analytical and was conducted using content analysis. The data gathered based on library and documentary method. The virtual divorce means that the couple divorces his wife by using an email (email) or a text message and the like. The jurists are dissenting about the occurrence or non-occurrence of such divorce. A group believes that although divorce is subject to circumstances, divorce in this way is due to the opposition to the religious law, the lack of conformity with the Islamic lifestyle, the existence of deceit and deceit, the lack of mutual will, the promotion of chaos in society, and the destruction of the foundation The family is not allowed. In contrast to the advocates referring to the general and divine laws and divorces, the analogy to Hazel divorce and written divorce, the confession of the couple in the presence of the judge and his determination to divorce, and the submission of the e-mail containing the registered electronic signature and compliance with the terms of the divorce, Its occurrence is permissible. Based on the research carried out, the theory of proponents, according to the prescribed conditions, seems to be justified due to the strength of evidence, the conformity to the general demands and the requirements of the present age.

In Western Thrace in Greece, a legacy of the Ottoman Empire survives in the form of religious law (Sharia). This article examines how international human rights law has approached the compatibility of such religious laws with modern human rights instruments and particularly with the European Convention on Human Rights (ECHR). It portrays the situation on Western Thrace within the wider historical, legal and social contexts of Muslims in Greece. It explains how the ‘Muslims in Western Thrace’ came to be identified as a particular legal minority, why Sharia continued to be applied to them and only to them, and examines their contemporary legal and human rights status. There follows an extensive critique of the judgment of the Grand Chamber of the European Court of Human Rights in Molla Sali v. Greece in December 2018. Although the narrow factual issue in the case concerned inheritance rights, the case raised general issues concerning the individual as the central subject of human rights law and the relationship between individual and minority rights protection. The article concludes by reflecting on the place of individual consent within a human rights framework and the systemic implications of the Molla Sali case with respect to the possible future of Sharia in the social and legal spaces of the ECHR.

Whether Islam and human rights are compatible, and if so, how they are compatible, has long been an important topic of religious sociology. This article aims to examine how Islam and human rights influence each other within the legal-political system of Malaysia, an Islamic state in Southeast Asia. It analyses how a civil society organisation Sisters in Islam, among other human rights groups in Malaysia, has become a reference group that promotes a modern form of Islam. I argue that Sisters in Islam has been successfully bridging the legal and theological approaches to Shari''a not only to protect human rights but also to present a moderate understanding of Islam that will be more suitable for multicultural Malaysia.

The concept of da'wah is not only related to the problem of how to speak effectively but also the ethics of speech. Since entering the era of reform, Indonesian society has been in a state of euphoria, free to talk about anything, to anyone, in any way. Al-Qur'an refers to speaking as one of human nature. Especially when discussing or delivering religious law. Although the edited command was edited to the Prophet, but the message contained in the verse can be generally applied to every Muslim who undertakes deliberation or preaching. It is required in the verse about the attitude that must be done to succeed in deliberation or in delivering religious law, preaching at its origin it is difficult to be accepted by the souls of infidels, when delivered in a bad way, a rude way, of course it will only make people run away from the truth (da'wah). For this reason, da'wah basically must be conveyed in a gentle way.

The existence of guardians in the implementation of marriage contract has been explained in Islamic law in a clear and detailed manner. Guardian for a woman becomes one of pillar in the implementation of the marriage contract, and has a systematic sequence that starts from the main one and moves sequentially to the one after, if the one above is considered ‘uzur. But the primacy of the existence of the guardian is not utilized maximally in the perception of the Acehnese people. So that most people tend to represent the implementation of the marriage contract to other people such as pious people or marriage registration officers. The parental guardian prefers to care for his guardian rights to others even though basically there is no obstacle that hinder him. The problem is the practice law of tawkil marriage in the tradition of Aceh people according to Islamic law review. The results of the study shows that the public perception of the implementation of wakalah (tawkil) marriage is based on an understanding about the ability to be brave in the implementation of the marriage contract. But their understanding is based on habits that occur in the traditions of society, not based on the results of scientific studies. Indeed, the practice of tawkil or wakalah marriage that occurs in Acehnese society does not conflict with religious law, but the implication is the erosion of the erosion of the existence of guardians and the parental guardian in a very memorable contract in the history of a human life.