"This book examines the legal nature of "an" Islamic state and the human rights it commits to uphold. It offers the first study into Islamic constitutions to map the relationship between Sharia and the state in terms of institutions. This also supports an assessment of the place of Sharia in the national legal order. The book unites three strands of analysis: the compatibility of Sharia with the rights enunciated in UN treaties; the patterns of adherence of Islamic states to human rights treaties; and the compatibility of international Islamic human rights declarations with UN standards. By exploring all formal human rights commitments of all Islamic states within a single analytical framework, it will appeal to international human rights and constitutional scholars with an interest in Islamic law and states"--
Introduction -- The history of the caliphates -- Islamic law, international law, and human rights -- Islamic states -- Islam, constitutions, and democracy -- Islamic law and international law in Islamic constitutions -- Islamic states and ...
Explains the philosophy of human welfare in the legislation of the religion of Islam. Chapters: Sources of Islamic Legislation; The Holy Quran; The Sunna; al-Ijma (the consensus opinions); al-ljtihad (endeavor); al-Qiyas (analogy); al-Istihsan (approval); al-Masalih al-Mursala (public interest); Sadd al-Dhara'i' (precautionary measures); al-'Urf (custom); al-Istishab (legal presumption); Shar'u man Qablana (pre-Islamic religion); Qawl al-Sahabi (companion's legal opinion); the establishment of the four major schools of Sunni jurisprudence; general characteristics of Islamic law; Islamic philosophy of human rights; Islamic family law; economic rights; political rights; the universal dimension of human rights; and bibliography.
Historical study of Islam and Indonesia. The author believes that Indonesia with its Muslim majority can create a just and democratic model state, in which its civil society is able to combine Islamic values with the nation's cultural pluralism including modern aspirations, he believes that liberal Islam and scriptural Islam are means not a purpose.
47 Ketiga , umat muqtashidah , masyarakat moderat ; “ ... di antara mereka [ kaum muslim ] ada golongan pertengahan .... " 48 Ciri keutamaan masyarakat etik dalam konteks wacana masyarakat madani menurut Dawam Rahardjo dicirikan oleh ...
