This article explores the general principles of international humanitarian law (IHL) with special reference to the teachings of Imam 'Ali (upon him be peace) regarding the conduct of war. The main questions discussed here are: what are the main teachings of Imam 'Ali regarding the conduct of war, especially regarding the protected categories, protected objects, and the treatment of captives as well as the termination of the prisoners of war (PoW); and whether the main principles of IHL, that is, the principles of humanity, distinction, military necessity, and proportionality are in harmony with Islamic law and more specifically the teachings of Imam 'Ali (upon him be peace). The main conclusion of this article is that the principles of IHL are in harmony with teachings of Imam 'Ali and that IHL endorses these teachings.
This article explores pertinent questions regarding Pakistan Environmental Protection Act (PEPA), 1997, Provincial Environmental Protection Acts, and environmental impact assessment or EIA which is key provision in all the Acts. The main questions that are investigated in this article include: Whether PEPA 1997 and the Provincial Acts need revision; whether EIA is required for projects that predated PEPA; When are an initial environmental examination or IEE and EIA mandatory; What happens when the EIA of the proponent of a project is not approved or rejected within the statutory period of four months; Does the provision of EIA have retrospective effect; What about projects for which IEE or EIA are not required; What about expanding the scope of an old project; Should provisions of PEPA 1997 and the Rules and Regulations made thereunder be revised; and whether an EIA is required if someone wants to change the operation of the project? The methodology used is doctrinal.
This work discusses that environmentalism is a contested but a powerful and hot discourse of this time. It revolves around ecological consciousness of Islam and the West, and methodically examines various dimensions thereof, inter alia, its Islamic perspectives vis-à-vis the Qur’an and the Sunnah of the Prophet Muhammad (PBUH), in respect of man’s mandate on earth, conservation of nature, legislative principles and legal instruments for protection of the environment, while keeping the Western perspective in juxtaposition, with special focus on scholarly, state, institutional and commercial environmentalism. In addition to recording the viewpoints of the proponents and opponents of environmentalism, success and failures of evolution of the discourse has also been discussed. The main results and findings of this work, after dissecting a path for the crossing, inter alia, are that it is a sad and hard reality that the gravity of climate change has not as such adequately been appreciated, much less addressed so far; instead one may observe instances and attitude of defiance far more than compliance, out of a cluster of political, social and economic reasons; which culture needs to be altered for the greater good of all. In the end, a way forward has also been propounded, involving, dignified observance of divine commandments at all levels, unified climate agenda, universal climate campaign, sustainable development, just transition, inculcation of a culture of humane approach, innovation, conservancy, eco-efficiency, eco-labeling, and climate justice, to ensure making this planet ecologically sustainable and climate-resilient to abode, for the current and future generations of mankind and all creatures of God.
This study analyzes the interpretation of legal and humanitarian aspects in Surah Al-Buruj, according to Sayyid Qutb in Fi Zilal al-Qur'an, to understand the dynamics of torture in the story of Ashab Al-Ukhdud. Through a qualitative methodology and thematic interpretation approach, the study examines Sayyid Qutb's thoughts on the story of Ashab al-Ukhdud and its relevance to modern social, political, and humanitarian issues. The research highlights the importance of divine justice as a means of resistance against unjust rulers and relates the story of Ashab Al-Ukhdud to the challenges of genocide and human rights violations. The findings emphasize the integration of legal and humanitarian values with Qur'anic texts in contemporary tafsir, contributing to a better understanding of how these values can be applied in a modern context. This study offers insights into the interpretation of Qur'anic texts and their implications for addressing current societal issues..
The increasing number of drug users netted in Indonesia has made prisons and detention centres over capacity. The high number of narcotics cases has filled prisons and detention centres, mainly with those who stumble on narcotics cases. This study aims to describe Islamic punishments for cases of drug users that are relevant, based on benefit and does not cause new polemics. This type of research is library research using a descriptive-analytic method by looking for primary and secondary references related to this study. Based on the results of the analysis, it is stated that sanctions against drug users have so far not yielded good results and have even created several new polemics. Meanwhile, Islamic punishment, ta'zir, is more appropriate and relevant to narcotics users. Ta'zir punishment is preventive, which can prevent a person from getting away from drugs; repressive, which makes offenders deterrent; curative, which can provide changes in the perpetrators; and educative, both for drug offenders and other people. The implementation of Law No. 35 of 2009 on narcotics is still unable to overcome the problem of drug abuse properly, even causing new problems such as exceeded prison capacity, increased state budget burden, and punishments that do not have a positive impact on perpetrators. Islamic punishment, with a more humane and effective approach, can be a viable alternative to address this problem.
This work explores the tricky issues of maintenance allowance for a wife and children under Islamic law, statutory law of Pakistan as well as decisions of the superior Courts. The various issues that are investigated here include, what is maintenance; what is the statutory law on maintenance; are there more than one forums for determination of maintenance allowance; what is the due procedure that the Family Courts have to adopt to determine the means and sources of the husband in deciding the amount of maintenance for the wife and children; can a High Court intervene when approached under writ petitions against interim maintenance orders by the Family Courts; why have the higher Courts been issuing guidelines and directions to the Family Courts to be very careful in determining the quantum of maintenance; can Family Courts review their own decisions in matrimonial issues; whether a disobedient wife is entitled to maintenance; whether a wife who is willing to live with her husband but the husband does not allow her do so is entitled to maintenance the extent of obligation of the father to maintain his son as well as daughter; maintenance or not maintenance of an unmarried daughter by her father; and maintenance by the grandfather in case his son is either incapable or unwilling to maintain them. The methodology used in this work is doctrinal.
This Article analyzes the 2021 judgment of the Supreme Court of Pakistan in the case of Mst. Safia Bano v. Home Department, Government of Punjab. The case has garnered significant local and international attention due to the Court's ruling that a death sentence may not be carried out on a defendant who has a mental illness. Setting the case against the backdrop of Pakistan's Islamic and colonial contexts, this article argues that the Supreme Court has reshaped the insanity defense in Pakistani law by placing the determination of a defendant's mental state mainly in the hands of medical professionals. However, the Court's reliance on medical professionals and the subsequent downplaying of the "moral capacity" element of the insanity defense-a determination of law made by courts-has created an obstacle for courts to punish offenders more stringently in future cases due to the popular belief that mental health professionals are ill-equipped to answer broader questions of justice for victims and society. The article recommends that this issue can be remedied by establishing an objective legal test for insanity that considers Islamic law, Pakistani precedent, and advances in medical science.
Purpose — The purpose of this research is to explore the relationship between fashion involvement, pro-environmental attitudes, and consumption of sustainable fashion in the Indonesian market.Method — The research was conducted in the Capital City of Jakarta and satellite cities, involving 236 respondents from three generational groups (Gen X, Gen Y, Gen Z). The study employed surveys to gather data on fashion involvement, pro-environmental attitudes, and sustainable fashion consumption.Result — The findings of the study indicate that both fashion engagement and pro-environmental attitudes have a significant and positive relationship with the consumption of sustainable fashion in the Indonesian market. The research also highlights the importance of social norms and attitudes in influencing sustainable fashion purchasing behavior.Contribution — This research provides valuable insights into the factors driving sustainable fashion consumption in Indonesia through the influence of fashion engagement and pro-environmental attitude variables on three different generational groups, namely gen X, gen Y, and gen Z in Indonesia.
Mobile banking is a widespread practice in many areas throughout Indonesia. There are many reasons for this, both internal and external. This study aims to find out and analyze the definition, history, and practice of mobile banking, then review it from the perspective of Islamic Economics. This study uses a qualitative method by reviewing related literature on mobile banking and its practices in various regions in Indonesia. In the Islamic economy, financial inclusion is very important because the financial system is geared to promote people's welfare. The practice of debts through mobile banks can be carried out with several principles that must be obeyed, including murabahah, mudharabah, and musyarakah. During obligations through portable banks, mobile banks must ensure that all transactions follow sharia principles. The Islamic solution to preventing the practice of mobile banking is to carry out financial planning through a priority scale of needs, educate the public about the Islamic economy through Islamic financial institutions, and maximize the role of zakat for mustahik.
Hart rebukes Austin’s command theory of law and does not consider it a legal theory. Hart’s intense criticism, especially in chapter two of his book The Concept of Law is too severe. This work explores Hart’s methodology in criticizing Austin’s theory. Whether Hart is justified in its vilification of the command theory? Whether Hart has rightly described the command theory as the gunman theory? Whether Hart has attacked Austin’s theory or has castigated things not said by Austin? Whether the command theory was really as bad as described by Hart or was Hart very unfair in his criticism of Austin? Whether Hart made mistakes while criticizing Austin? Can Austin be defended against Hart’s criticism? And, finally, how Hart got influenced by some of the concepts in Austin’s theory that he had criticized earlier.
The pribumization of Islam, Gus Dur's thoughts, is very important to be described in the world of education, in order to explain to the wider community, about the advantages of the development of Islam in Indonesia. With the aim, so that people better understand the cultural Islam that exists in Indonesia, where Islam and culture cannot be separated from one another. This is in line with the motto of the Unitary State of the Republic of Indonesia, namely Bhineka Tunggal Ika, which means different, both ethnicity, race, religion, culture, language, but still one, namely Indonesia. The method used in writing this article is to use the literature study method, by reading several references both from books, journals and other articles related to the title above. In short, the pribumization of Islam is how Islam is used as a normative teaching, which comes from God and is then accommodated into a culture that comes from humans without losing their respective identities, Islam remains with its Islamic state and culture remains with its culture.
This work explores Ronald Dworkin’s analysis of ‘hard cases’. It focuses on what is a ‘hard case’ for Dworkin? What theory of ‘hard cases’ is provided by legal positivism? Why has Dworkin rejected the central tenets of legal positivism? What is the fundamental distinction within political theory? What is argument of principle and argument of policy? What is the ‘soundest theory of law’? How is law a ‘seamless web’? And how right is Dworkin’s right answer thesis?
This work explores the theory of utility as expounded by Jeremy Bentham. It explains what is utility? Why do human beings pursue things that either bring them pleaser or pain? What goals should be achieved by the Benthamite legislator? What is the connection between equality and utility for Bentham? How can an act be measured whether it is good or bad? What is the main criticism of utilitarianism? Is utilitarianism accepted in the West?
One of the most disturbing developments in the laws of war is the evolution of autonomous weapons systems AWS which decides on their own target on the basis of artificial intelligence, facial recognition, and big data to hit its target. At present there is no treaty of international that regulates AWS nor is there any hope of having one in the near future. Since the AWS takes humans out of the loop it poses serious challenges to international law, especially to the cardinal principles of international humanitarian law or IHL such as the principle of distinction. Since AWS is now shaping warfare, therefore, it is absolutely necessary to have it governed by binding rules of international law. It is recommended that some uses of AWS may be prohibited whereas others may be regularized.
This work examines the various stages in Ronald Dworkin’s anti-positivist theory. It evaluates Dworkin’s attack on Hart’s theory of rules where he demonstrated that law has standards other than rules such as principles and policies and that judges apply them to decide hard cases. The work elaborates what Dworkin’s imaginary judge Hercules would do to decide hard cases to enable him to find the right answer. What is judge Hercules’s political theory? What is his role in ‘constructive interpretation’? It also examines Dworkin’s ‘artistic interpretation’; elaborates on what is disagreement for positivists as well as naturalists; what a positivist judge would do when the meaning of the word is unclear and what a naturalist judge would do in a similar case? What does Dworkin mean by the word ‘fit’? How does a chain novel resemble interpretation? What are the different stages of interpretation? How is state coercion justified? What does Dworkin mean by "law as integrity"? What does Dworkin mean by ‘the right answer thesis’? How can judge Hercules arrive at the ‘one right answer’? Did Dworkin support his ‘right answer theory’ to the end?
This work investigates the famous law and morality debate between Hart and Devlin. It discusses the crucial question of whether the law should be used to enforce morality? It examines how the issue was started by J. S. Mill and how it was responded to by James Stephen; how the debate resurfaced in the middle of the 20th century with the publication of the Wolfenden Committee Report on Homosexual Offences and Prostitution; It discusses the points raised by Herbart Hart and Lord Devlin in support of their point of view. Finally, the work examines three main decisions by higher Courts in England to determine whether the judiciary has accepted the position of authoritarians or libertarians.
This work explores, in a nutshell, some of the basic questions about the views of classical theorists about the law but its main focus is on the classical natural law theories. The questions attempted here include, how was law known at the time of the archaic age of the Greeks? What was the Sophists’ view of law? What were Plato and Aristotle’s views about the law? How did the Stoic view the nature of law? What were the views of St. Augustine? What were the views of St. Thomas Aquinas? Why was Thomas so critical of Averroes and Siger? Who is to blame for the secularization of natural law?