Academic literature on the topic 'Social justice (Islamic law)'
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Journal articles on the topic "Social justice (Islamic law)"
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Syam, Misnar, and Devianty Fitri. "Concept of Islamic Law Enforcement In the History and Practice of Islamic Justice." Journal of Law, Politic and Humanities 4, no. 3 (April 24, 2024): 315–25. http://dx.doi.org/10.38035/jlph.v4i3.366.
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Upholding justice in social life has an important meaning in one of the efforts to build a high and dignified national civilization. Justice is carried out by judicial institutions. The performance of our courts or justice system is far from satisfactory, which results in a sense of comfort and happiness for justice seekers. Court decisions only create decisions that are procedurally fair. Likewise, court decisions seem more likely to favor parties who have money and power. Access to justice that should be equal for all levels of society cannot be achieved, so only elite people can enjoy it. In administering the judicial process, Islamic law aims to enforce law and justice proportionally based on Islamic Sharia. The growth and development of Islamic justice is a product of interactions within the social system, including with existing judicial institutions. Law enforcement in Indonesia does not synergize with each other in realizing justice. This is due to the position and standing of legal institutions where the function of investigation and prosecution is under executive power, while the function of adjudicating and deciding is under the Supreme Court. This causes a tendency to protect the interests of their respective institutions rather than law enforcement efforts in the public interest. The problem formulation in this paper is what is the concept of law enforcement in Islamic law in the practice and history of Islamic justice? The conclusion is:The concept of law enforcement in Islamic law does not differentiate between civil and criminal cases. Law enforcement includes material law and formal law. Material law originates from the Al-Qur'an, As-Sunnah and Fiqh.
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Sulistiyo, Budi, Fauzan Ali Rasyid, and Chaerul Saleh. "Relevansi Prinsip-prinsip Hukum Ekonomi Syariah dalam Membangun Keadilan Sosial melalui Distribusi Ekonomi yang Adil." AHKAM 3, no. 1 (January 7, 2024): 38–48. http://dx.doi.org/10.58578/ahkam.v3i1.2478.
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This study aims to investigate the relevance of the principles of Islamic economic law in shaping social justice through equitable economic distribution. In the midst of global economic change, reducing economic inequality and social injustice is very important. Islamic economic law, as a framework rooted in Islamic values, offers a unique view of economic distribution that focuses on the principle of justice. By conducting an in-depth literature review and analysis, this study explores the concept of Islamic economic law, the principles contained in it, and its relevance to the goal of achieving social justice. We identify the important role of zakat, infaq, and waqf in creating equitable distribution and fueling inclusive economic growth. The results of this study show that the principles of Islamic economic law have great potential to influence economic and social policies in Islamic societies, ultimately encouraging the creation of a more just and inclusive economic environment. However, we also identified some obstacles to the implementation of these principles. This research makes an important contribution to our understanding of how the principles of Islamic economic law can be applied in the current context to promote social justice as well as more equitable economic distribution. The policy recommendations that emerge from the results of this study can guide decision-makers in their efforts to achieve social justice in Islamic societies.
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Fauzan, Fauzan. "PROGRESSIVE LAW PARADIGM IN ISLAMIC FAMILY LAW RENEWAL IN INDONESIA." Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan 7, no. 2 (September 30, 2020): 187. http://dx.doi.org/10.29300/mzn.v7i2.3617.
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This paper discusses the progressive legal paradigm in renewal Islamic family law in Indonesia. Starting from the complexity of family problems in the contemporary era, the presence of progressive legal thinking is one of the foundations in order to provide certainty and justice in society. The results of this study indicate that legal reform progressive in the field of Islamic family law can be noticed from law enforcement through court decisions. Various judges’ decisions have created jurisprudence and are used as guidelines for Religious Court judges in deciding cases. This can be seen from the decisions of the constitutional justices, including regarding the restrictions on polygamy, the status of children out of wedlock and the age of marriage which was later successfully revised with the issuance of Law 16 of 2019 concerning Amendments to Law 1 of 1974 concerning Marriage. In the context of progressive legal reform in Indonesia, judges use reinterpretation of religious texts (fiqh), and understand the social context of modern society dynamics. For this reason, judges are required to be more courageous not only to be bound textually, but also to put forward the goal of realizing justice and benefit in the midst of society. Thus, the main legal objectives will be realized, namely substantive justice, benefits, and legal certainty because the law is basically for humans, not for the law itself
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Markom, Ruzian. "THE ROLE OF LAW AND SHARIAH GOVERNANCE IN ISLAMIC FINANCE TOWARDS SOCIAL JUSTICE IN DIVERSITY." Diponegoro Law Review 3, no. 2 (October 30, 2018): 142. http://dx.doi.org/10.14710/dilrev.3.2.2018.142-153.
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Comprehensive law and Shariah governance framework are important in ensuring the sustainability of Islamic financial goal. Both elements contributed in the process of social justice in diversity between the industry and the society. This article is aimed to discuss on the role of law and Shariah governance in Islamic finance towards social justice in diversity. It defined the meaning of laws, Shariah governance and social justice in diversity in the context of Islamic finance. Then, it analysed the challenges of Islamic finance in promoting social justice in diversity. Finally, in resolving the challenges, it is recommended to adopt the six key areas laid down in the World Global Report 2016.
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Rimsyahtono, Rimsyahtono, Nandang Sambas, Ratna Januarita, and Neni Sri Imaniyati. "Social Justice Manifestation Based on Islamic Law Principle in The Corporate Penal Sanction of Environment." JURNAL HUKUM ISLAM 19, no. 2 (December 2, 2021): 253–76. http://dx.doi.org/10.28918/jhi.v19i2.4958.
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Corporate punishment in the environmental aspect has not led to social justice based on Islamic law principles because of the lack of attention to the community as victims who suffer losses due to environmental pollution, which should be a life support. This study aimed to realize that social justice based on Islamic law principles incorporates punishment in environmental aspects for the future. This type of research uses a normative legal typology to approach the principles, systematics, and level of legal synchronization of legislation based on Islamic Law and Law No. 32 of 2009 concerning Environmental Protection and Management. Secondary data obtained through library studies were analyzed descriptively. The results show that the nature of corporate punishment in environmental aspects in Islamic Law aims to prevent corporations from repeating their actions, prevent other corporations from participating in environmental pollution, and foster corporations that have polluted the environment. Furthermore, the embodiment of social justice based on Islamic law principles incorporate punishment in the environmental aspect must contain the values of corporate culture and community development. Social justice is in line with the principle of the benefit of the people in Islamic Law, where each punishment contains aspects of paying attention to victims of crime.
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Setiyanto, Danu Aris. "Hukum Islam sebagai rekayasa sosial dan implikasinya dalam undang-undang perkawinan di Indonesia." Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan 17, no. 2 (February 24, 2018): 175. http://dx.doi.org/10.18326/ijtihad.v17i2.175-189.
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This study focuses on the role of Islamic law as social engineering and its implications in marriage law in Indonesia. Islamic law has always been a concern among legal experts and studies. One interesting thing is the effort to achieve justice through the application of Islamic law which functioned as social engineering. Though the nature of Islamic law is the dimension of social justice but at the same dimensions of the Godhead. In the Indonesian context, it is understood that the marriage law in Indonesia is the implication. As this study included the study of literature and research data analyzed by the theory of law as a social engineering with the sociological approach. The results of this study concluded Law Islamic law can function and formulated as social engineering in the form of state regulation and in fact it is contained in the articles of the Marriage Law in Indonesia.
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Mahir, Mahir. "Synchronising Positive Law and Islamic Law Within a Justice Concept in Concurrent Elections 2024: From The Philosophical Perspective of Islamic Law." al-Daulah Jurnal Hukum dan Perundangan Islam 12, no. 1 (April 1, 2022): 76–107. http://dx.doi.org/10.15642/ad.2022.12.1.76-107.
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Concurrent elections should not be injured by dissenting interpretations of Islamic Law in terms of its contextual connection to Positive Law. This research aims to delve into the connection between the norms of Islam and politics in Indonesia and the measures taken to bring about the harmony of religious norms within the political system of law in Indonesia. With a normative-descriptive approach, this legal research discovered that the legal objective is not restricted to justice, but it also takes into account legal certainty and merit. The discourse on justice often refers to two thoughts. John Rawls and Jürgen Habermas, within the scope of critical philosophy developed by Kant, attempted to seek the primary principles underlying social life. Concurrent elections 2024 in Indonesia refer to direct, universal, free, secret, genuine, and just principles. These principles serve as the basis for justice enforcement, especially in the fulfilment of the political rights of the citizens. The justice principle builds the harmonization of the norms that underlie elections with Islamic Law as the core soul of the elections. Participation in elections is understood as the exercise of the norms of Islamic law with the frameworks aiming to bring about the merit of the people as a whole. How do the principles of justice in the principles of elections intertwine with the principle of justice in Islamic law? Keywords: Harmonization, justice, concurrent elections, the philosophy of Islamic Law
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Karimullah, Suud Sarim. "Humanity and Justice: Exploring Human Rights in the Context of Islamic Law." TAJDID 30, no. 2 (January 4, 2024): 166. http://dx.doi.org/10.36667/tajdid.v30i2.1497.
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This study explores the relationship between the concepts of humanity, human rights, and social justice in the context of Islamic law. Using the method of literature study and comprehensive literature analysis of the results of previous studies. This study aims to outline how Islamic law recognizes human dignity, protects individual rights, and promotes social justice. The results of this study reveal that Islamic law has a strong foundation in the principles of humanity, human rights, and social justice. Islamic law recognizes human dignity, integrates individual rights, and encourages the protection of the vulnerable. This concept creates a strong moral foundation for achieving a more just and inclusive society. In an increasingly connected and diverse world, a deep understanding of the relationship between Islamic law and Human Rights is key to promoting tolerance, mercy, and peace. With constant dialogue and thoughtful implementation efforts, Muslim societies can play an important role in building a better world that respects individual rights without forgetting the precious values of religion.
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Rachmawati, Emy, and Burhanudin Harahap. "Justice Dimensions of Islamic Inheritance Law in Determining The Inheritance Rights Of Parents, Children and husband/wive." International Journal of Multicultural and Multireligious Understanding 5, no. 3 (July 13, 2018): 286. http://dx.doi.org/10.18415/ijmmu.v5i3.338.
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The purpose of this research is to know about the dimension of justice of Islamic Inheritance Law (faraidh) in determining the right of parents, children and wife /husband as dzawil Furudh heir. To achieve these objectives have been conducted normative legal research that is descriptive. Data analysis techniques used qualitative data analysis techniques. The result of the study obtained that Islamic Inheritance Law has the dimension of justice in determining the right of dzawil Furudh, that is proportional or equal justice in accordance with rights and obligations, social justice which not only pay attention to bloodline but also inheritance rights also given to the parents as birrul walidain and inheritance rights of them is never covered by anyone. Similarly, justice inheritance rights for the husband or wife of the inheritor, they shall be entitled to inheritance in accordance with the rights and obligations. While the dimension of justice inheritance rights of children, Islamic Inheritance Law provides a strong position. All the justice dimensions of Islamic Inheritance Law, in accordance with the objectives of Islamic law or maqashid shariah.
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Al-Sulami, Rabee' Jaza'a Awaid. ""A STUDY ON JUDICIAL CUSTODY IN ISLAMIC LAW AND ITS IMPACT ON." EPH - International Journal of Humanities and Social Science 8, no. 2 (May 31, 2023): 39–45. http://dx.doi.org/10.53555/eijhss.v8i2.133.
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This research aims to determine the nature and importance of judicial supervision in the Islamic legal system and its role in enforcing justice in Islamic societies. The significance of this study lies in its representation of an essential part of the Islamic legal system, as it helps achieve security and safety in society and preserves individuals' rights in the face of social, economic, and technological changes experienced by Islamic societies. The research problem is to determine the effectiveness of judicial supervision in meeting the needs of society and establishing trust between citizens and the judiciary system, as well as identifying whether there is a need to develop and update methods of judicial supervision in Islamic societies. Based on previous studies and research, the study found that judicial supervision plays a crucial role in achieving justice and enforcing the law in Islamic societies. It also improves trust between citizens and the judiciary system and protects individuals from injustice and corruption by judicial officials. The study's results include determining the effectiveness of judicial supervision in meeting the needs of society and preserving individuals' rights in the face of social, economic, and technological changes experienced by Islamic societies. Additionally, it is possible to identify various methods of judicial supervision and whether there is a need to develop or reform them to achieve social and economic stability in Islamic societies. In general, achieving social justice in Islamic societies requires considering the role of judicial supervision and developing and updating its methods to achieve security, safety, and justice in these communities.
Dissertations / Theses on the topic "Social justice (Islamic law)"
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Barbosa, Luciana Hsiao Tebaldi de Queiroz. "A justiça perdida nas Mil e Uma Noites." Pontifícia Universidade Católica de São Paulo, 2013. https://tede2.pucsp.br/handle/handle/6129.
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Previous issue date: 2013-05-16Conselho Nacional de Desenvolvimento Científico e Tecnológico
This dissertation investigates the notion of justice embedded in the Arab-Islamic philosophy from the standpoint of the representational imagery provided in the One Thousand and One Nights (often known in English as the Arabian Nights). In so doing, this paper provides a comparative analysis of the ontological gnoseology of law and justice in the philosophical thinking of Western civilization and the Arab-Islamic culture to establish the dynamic character and autopoietic quality of the objects. The bibliographical research and the comparative method are of great importance on the research methodologies presented in this dissertation. The importance is justified by the fact that the Western civilization has a poor understanding of the islamic law and the concept of justice in Islam, and therefore this dissertation intends to contribute to a better understanding of such concepts. However, the study has an innovative trend, having as the core a prominent literary of Arab-Muslim culture which is the fantastic book One Thousand and One Nights. The value of justice is relative, since the presented hypothesis is answered by the autopoietic character of the Law and by consequence, of the justice. As a result, we can gather a better understanding of the context of the Arab-Muslim world, for greater tolerance among the people and exercising the gift of charity, the supreme manifestation of love, being able to contemplate a more peaceful and harmonious coexistence of human beings on earth
A presente dissertação tem por objetivos a intelecção da justiça no pensamento filosófico oriental árabe-muçulmano, sob o espectro do Livro das Mil e Uma Noites e a análise comparativa entre a ontognoseologia do direito e da justiça no pensamento jusfilosófico ocidental e na tradição oriental árabe-islâmica, buscando o caráter dinâmico e a poética dos objetos. A pesquisa bibliográfica e o método comparativo perfazem eminentes nas metodologias de pesquisa que instruem o presente trabalho. A importância justifica-se no fato de que o mundo ocidental pouco compreende o direito islâmico e o conceito de justiça no Islã, e por conseguinte, o presente trabalho pretende contribuir para uma melhor compreensão de tais conceitos. Contudo, o estudo possui um viés inovador, que é ter como cerne o expoente literário da cultura árabe-muçulmana que é o fantástico livro das Mil e Uma Noites. O valor da justiça é relativo, pois a hipótese aventada responde-se pelo caráter autopoiético do direito e por consequencia, da justiça. Como resultado, pode-se inferir uma melhor compreensão do contexto do mundo árabe-muçulmano, para uma maior tolerância entre os homens e o exercício do dom da caridade, a suprema manifestação do amor, tendo-se possibilidade de vislumbrar uma convivência harmônica e mais pacífica dos homens sob a face da terra
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Daly, Marwa El. "Challenges and potentials of channeling local philanthropy towards development and aocial justice and the role of waqf (Islamic and Arab-civic endowments) in building community foundations." Doctoral thesis, Humboldt-Universität zu Berlin, Philosophische Fakultät III, 2012. http://dx.doi.org/10.18452/16511.
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Diese Arbeit bietet eine solide theoretische Grundlage zu Philanthropie und religiös motivierten Spendenaktivitäten und deren Einfluss auf Wohltätigkeitstrends, Entwicklungszusammenarbeit und einer auf dem Gedanken der sozialen Gerechtigkeit beruhenden Philanthropie. Untersucht werden dafür die Strukturen religiös motivierte Spenden, für die in der islamischen Tradition die Begriffe „zakat“, „Waqf“ oder im Plural auch „awqaf-“ oder „Sadaqa“ verwendet werden, der christliche Begriff dafür lautet „tithes“ oder „ushour“. Aufbauend auf diesem theoretischen Rahmenwerk analysiert die qualitative und quantitative Feldstudie auf nationaler Ebene, wie die ägyptische Öffentlichkeit Philanthropie, soziale Gerechtigkeit, Menschenrechte, Spenden, Freiwilligenarbeit und andere Konzepte des zivilgesellschaftlichen Engagements wahrnimmt. Um eine umfassende und repräsentative Datengrundlage zu erhalten, wurden 2000 Haushalte, 200 zivilgesellschaftliche Organisationen erfasst, sowie Spender, Empfänger, religiöse Wohltäter und andere Akteure interviewt. Die so gewonnen Erkenntnisse lassen aussagekräftige Aufschlüsse über philanthropische Trends zu. Erstmals wird so auch eine finanzielle Einschätzung und Bewertung der Aktivitäten im lokalen Wohltätigkeitsbereich möglich, die sich auf mehr als eine Billion US-Dollar beziffern lassen. Die Erhebung weist nach, dass gemessen an den Pro-Kopf-Aufwendungen die privaten Spendenaktivitäten weitaus wichtiger sind als auswärtige wirtschaftliche Hilfe für Ägypten. Das wiederum lässt Rückschlüsse zu, welche Bedeutung lokale Wohltätigkeit erlangen kann, wenn sie richtig gesteuert wird und nicht wie bislang oft im Teufelskreis von ad-hoc-Spenden oder Hilfen von Privatperson an Privatperson gefangen ist. Die Studie stellt außerdem eine Verbindung her zwischen lokalen Wohltätigkeits-Mechanismen, die meist auf religiösen und kulturellen Werten beruhen, und modernen Strukturen, wie etwa Gemeinde-Stiftungen oder Gemeinde-„waqf“, innerhalb derer die Spenden eine nachhaltige Veränderung bewirken können. Daher bietet diese Arbeit also eine umfassende wissenschaftliche Grundlage, die nicht nur ein besseres Verständnis, sondern auch den nachhaltiger Aus- und Aufbau lokaler Wohltätigkeitsstrukturen in Ägypten ermöglicht. Zentral ist dabei vor allem die Rolle lokaler, individueller Spenden, die beispielsweise für Stiftungen auf der Gemeindeebene eingesetzt, wesentlich zu einer nachhaltigen Entwicklung beitragen könnten – und das nicht nur in Ägypten, sondern in der gesamten arabischen Region. Als konkretes Ergebnis dieser Arbeit, wurde ein innovatives Modell entwickelt, dass neben den wissenschaftlichen Daten das Konzept der „waqf“ berücksichtigt. Der Wissenschaftlerin und einem engagierten Vorstand ist es auf dieser Grundlage gelungen, die Waqfeyat al Maadi Community Foundation (WMCF) zu gründen, die nicht nur ein Modell für eine Bürgerstiftung ist, sondern auch das tradierte Konzept der „waqf“ als praktikable und verbürgte Wohlstätigkeitsstruktur sinnvoll weiterentwickelt.This work provides a solid theoretical base on philanthropy, religious giving (Islamic zakat, ‘ushour, Waqf -plural: awqaf-, Sadaqa and Christian tithes or ‘ushour), and their implications on giving trends, development work, social justice philanthropy. The field study (quantitative and qualitative) that supports the theoretical framework reflects at a national level the Egyptian public’s perceptions on philanthropy, social justice, human rights, giving and volunteering and other concepts that determine the peoples’ civic engagement. The statistics cover 2000 households, 200 Civil Society Organizations distributed all over Egypt and interviews donors, recipients, religious people and other stakeholders. The numbers reflect philanthropic trends and for the first time provide a monetary estimate of local philanthropy of over USD 1 Billion annually. The survey proves that the per capita share of philanthropy outweighs the per capita share of foreign economic assistance to Egypt, which implies the significance of local giving if properly channeled, and not as it is actually consumed in the vicious circle of ad-hoc, person to person charity. In addition, the study relates local giving mechanisms derived from religion and culture to modern actual structures, like community foundations or community waqf that could bring about sustainable change in the communities. In sum, the work provides a comprehensive scientific base to help understand- and build on local philanthropy in Egypt. It explores the role that local individual giving could play in achieving sustainable development and building a new wave of community foundations not only in Egypt but in the Arab region at large. As a tangible result of this thesis, an innovative model that revives the concept of waqf and builds on the study’s results was created by the researcher and a dedicated board of trustees who succeeded in establishing Waqfeyat al Maadi Community Foundation (WMCF) that not only introduces the community foundation model to Egypt, but revives and modernizes the waqf as a practical authentic philanthropic structure.
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Maranlou, Zahra. "Access to justice : what do Iranian women think about their law and legal system?" Thesis, University of Warwick, 2011. http://wrap.warwick.ac.uk/53808/.
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This study was conducted in Iran (Tehran) to assess perceptions of women with regard to access to justice. Its aims are firstly to provide original evidence about user perceptions of access to justice, and to contribute to related national/international debates and body of literature. The research reviews some of the literature in the field of access to justice to highlight similarities and gaps between contextual framework of Islamic and Western correlated legal concepts including definitional analysis in support of and/ or against access to justice model worldwide. Consideration was also given to a comparative framework for conceptualizing access to justice from Islamic Law perspectives. The research evaluates the historical development of access to justice in the Islamic Republic of Iran as a case study together with an analysis of barriers. The research also presents the findings of a survey study on women' perceptions (first study of its kind) in Iran conducted as a significant constituent of the thesis. The thesis concludes that existing Western models have excessively highlighted the need to strengthen state's institutions to provide 'access' to mechanisms of 'justice'. Access to justice as a complex phenomenon, however, incorporates various conceptions of 'justice' as an index for 'access' on one side and individuals as 'users of justice' on the other side. A distinctive conclusion is that 'legal empowerment' can provide wider 'access to justice' in Iran particularly for disadvantaged groups such as women.
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Farrar, Salim. "The role of the accused in English and Islamic criminal justice." Thesis, University of Warwick, 1999. http://wrap.warwick.ac.uk/36414/.
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This thesis is a comparative study of the role of the accused in the systems of English and Islamic criminal justice. It seeks to explore the underlying relationship between the individual and the state through an historical, structural and contextual analysis of their rules relating to questioning and of confessions. The analysis of the English system covers the period 1800 to 1984, with particular reference to developments during the nineteenth century when the foundations for the modern English state were established. The analysis of the Islamic system combines traditionally Islamic and modern methods, assessing the "Islamisation" movement in Malaysia through a religico-structural understanding of juristic opinion from the four main schools of Sunnite jurisprudence. The thesis contributes to existing knowledge on a number of levels: first, it questions and revises the "myth" of "progress" that has dominated observations of the history of the English criminal justice system; second, it elucidates the relationship between Islamic law in theory and the law that is applied and proposed in its name in Muslim states; third, it provides an analytical framework for drawing comparisons between the underlying values of the systems of English and Islamic criminal justice. While acknowledging fundamental differences in terms of outlook and articulation, the author concludes there are important similarities expressed through such notions as "suspect" in the English system and "kafir"I"fasiq" in the Islamic. These act as intermediate constitutional categories to whom the state owe less protection. But the author notes also that these similarities are not observed necessarily in the "law" which is implemented or proposed in Muslim states; exact correspondence depends upon the over-arching political structure and the institution of Caliphate. The thesis is divided into six chapters: chapter one sets out the conventional view of the historical development of English criminal procedure and evidence; chapter two subjects that to a critique and chapter three offers a revised thesis. Chapter four, explores methods for interpreting and explaining Islam; chapter five sets out rules relating to confessions and questioning according to the four Sunni schools; chapter six puts them into "context" through an examination of the "Islamisation" process in Malaysia.
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Moosagie, Mohammed Allie. "Islamic law and social change : a legal perspective." Master's thesis, University of Cape Town, 1989. http://hdl.handle.net/11427/15878.
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Includes bibliographies.My thesis attempts, in the first instance to ascertain whether Islamic legal theory (usul) has made provisions for the accommodation of changing social exigencies. If such provisions have been made, are they adequately employed to achieve optimum benefit? In the second instance, the Islamic judicial process of discovering and formulating the Divine law and the elements that contribute towards it is subjected to scrutiny to ascertain whether it is proceeding according to the general provisions made for it in terms of the principles of the law or, whether this crucial process has since been abandoned, corrupted, distorted or replaced. I have chosen four representative classical works of usul al-fiqh on which to base my assessment of usul vis-a-vis changing social exigency. One of the works is a Shafi i exposition; the second two are Hanafi expositions, and the fourth is a general exposition not located in a particular legal school (madhhab).After illustrating the inherent leeways to be found in the legal propositions together with the inherent scope accompanying the notions of maslahah (utility) and urf (prevailing norms), I proceed to evaluate the extent to which these leeways are employed in the actual judicial process of two of the world's most authoritative judicial institutions namely; al-Azhar (Cairo) and Darul Ulum (Deoband). To do this, I analyze the fatwa (judicial decree) on organ transplantation from both these institutions. My analysis is not aimed at the outcome of the fatwahs, but rather at the processes involved in arriving at the particular verdicts. In my conclusion I point to the ample provisions made by legal theory to contend with any social exigency and to the tragic neglect of their employment in the application of the law to novel situations. It is, therefore, the inconsistency between the provisions of legal theory and the absence of their application in the actual judicial process that has contributed to the current tension between law and social change.
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Ḥumayḍī, ʻAbd al-Raḥmān Ibrāhīm ʻAbd al-ʻAzīz. "al-Qaḍāʼ wa-niẓāmuhu fī al-Kitāb wa-al-sunnah." Makkah : al-Mamlakah al-ʻArabīyah al-Saʻūdīyah, Jāmiʻat Umm al-Qurá, Maʻhad al-Buḥūth al-ʻIlmīyah wa-Iḥyāʼ al-Turāth al-Islāmī, Markaz Buḥūth al-Dirāsāt al-Islāmīyah, 1989. http://catalog.hathitrust.org/api/volumes/oclc/24429501.html.
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Abubakar, Musa Usman. "Gender justice and Islamic laws of homicide and bodily hurt of Pakistan and Nigeria : a critical examination." Thesis, University of Warwick, 2012. http://wrap.warwick.ac.uk/53630/.
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The operationalization of Islamic criminal system by some Muslim jurisdictions in the post-colonial era raises many human rights questions. On the one hand, the system is perceived as inhuman, cruel and degrading, and on the other, as gender discriminatory and iniquitous. This thesis focuses on the second part of this critique. Discrimination on ground of gender in Muslim states has been one of the major human right issues that engage scholars in heated debates on whether or not gender justice exists under the Islamic criminal regime. In relation to the offences of homicide and bodily hurt, discriminatory principles are often justified on economic argument. Interestingly, these principles are characterised as divinely ordained, thus unchangeable to eternity. However, the interplay between the divine and the human elements in the development of the regime is mostly ignored and it is often difficult to ascertain from where such principles emanate. This thesis examines the classical theorization, the Sharīʿah-inspired penal codes of Pakistan and the 12 Northern states of Nigeria, as well as case law, with a view to ascertaining whether the so-called gender justice deficit is intrinsic to the divine or is mere human construction. The findings of the thesis reveal existence of an egalitarian tone in the divine. The divine however has left considerable room for human agency to employ construction that best suits its circumstances. This enabled the classical jurists to differ on many issues that raise gender concerns in the modern world. Biological determinism plays a significant role in the construction of the divine. What appears to influence the jurists include cross-contextual analogy by creating linkages between unrelated themes and infiltration of customary practices. The thesis posits that the problem of gender justice under the regime can best be addressed from within the system. This is possible when contemporary Islamic scholarship engages in thorough intellectual analysis of the classical fiqh literature. This is likely to appeal to Muslims in whose territories the law operates. The thesis therefore suggests participation of all stakeholders, including women, in criminal policy formulation. This would entail employing affirmative action measures that would guarantee participation of women in both legislative and judicial process.
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Elkhalifa, Abdel Rahman Ibrahim. "Development and future of English Law and Islamic Law in the Sudan." Thesis, McGill University, 1988. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=97844.
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This thesis addresses The Development and The Future of English and Islamic Law within the given historical, political, social and legal context of the Sudan. In so doing it uses a comparative methodology. Part I highlights the genesis and the development of Islamic Law in the Sudan over three centuries. Emphasis is on the legal aspect of this long history, though other relevant factors are highlighted as well. The characteristics of this era are significant in understanding later developments of both English and Islamic Law as well as their future in the Sudan. Part II focuses on the factors that were conductive to the development of English Law from 1899 to 1956. It examines how the British investment in English legal education, legal training, dissemination of English language and different aspects of the Sudanese public life created a factor of unexpressed consciousness of legal training and affinity which led to the ultimate adoption of English Law and the assimilation of the Sudan into the English legal heritage. Part III presents how the generation of the Sudanese lawyers who were reared in the colonial era enhanced the development of English Law after the independence. Their methodology of adopting and not adapting English Law is thoroughly examined. [...]Cette thèse traite du développement et de l’avenir de la loi anglaise et islamique dans le contexte historique, politique, social et légal du Soudan. Pour se faire, elle utilise une méthodologie comparative. La partie 1 souligne l’origine et le développement de la loi islamique au Soudan sur une période de trois siècles. L’emphase porte sur l’aspect légal de cette longue histoire, bien que d’autres facteurs significatifs soient également mentionnés. Les caractéristiques de cette période sont nécessaires afin de comprendre le développement ultérieur de la loi anglaise et islamique ainsi que leur avenir au Soudan. La partie il traite des facteurs qui ont mené au développement de la loi anglaise de 1899 à 1956. Elle analyse la facon dont l’investissement britanique dans l’éducation et la formation juridiques anglaises, et dans la dissémination de la langue anglaise, ainsi que les différent aspects de la vie publique soudanaise ont créé une certaine affinité dans les milieux juridiques soudanais avec la loi anglaise; ce qui a abouti à son adoption ultime et à l’assimilation du Soudan dans l’héritage juridique anglais. La partie III présente la facon dont les générations d’avocats soudanais, formés au cours de la période de colonisation, ont participé au développement de la loi anglaise après l’indépendance. Leur méthodologie dans l’adoption et l’adaptation de la loi anglaise est analysée entièrement. [...]
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Callewaert, Teresa. "Theologies Speak of Justice : A Study of Islamic and Christian Social Ethics." Doctoral thesis, Uppsala universitet, Teologiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-315357.
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The purpose of this study is to investigate how religious ethics, while retaining its identity, can contribute to political debate and to the understanding of justice. The inquiry addresses these issues by focusing on theological perspectives which challenge the solutions offered to these questions by the liberal paradigm. Three kinds of challenges are studied, each of which is represented by one thinker from the Islamic tradition and one from the Christian tradition, in order to enable a comparative perspective on the contributions of religious traditions. The thinkers studied are: 1) modified liberalism, represented by Abdullahi Ahmed An-Na’im and Duncan B. Forrester; 2) liberationism, represented by Ali Shariati and Gustavo Gutierrez; and 3) radical traditionalism, as developed by Tariq Ramadan and John Milbank. The study is organized around three main questions. First, how can innovative interpretations of religious tradition be plausibly justified? Second, what role should religious arguments and reasons play in the political sphere? Third, what can religious ethics and theological thought contribute to the understanding of social justice? The questions are engaged by means of a critical and reconstructive engagement with the six thinkers. The suggested solutions are assessed in terms of the criteria of authenticity, communicability, and potential for transformation. It is argued that a religious ethic can rely on a tradition without accepting conservative understandings of that tradition. Furthermore, it is argued that the coherence of religious ethics can be made available for public discourse but that the hospitability of the public forum to such contributions needs to be realized through a deepened democratic culture and a critique of power structures which condition perceptions of rationality. While religious ethics do not articulate complete alternative understandings of justice, they articulate contributions by relating justice to human sociality and to transcendence.
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Thani, Ahmed Abdulla Farhan. "The projected Arab Court of Justice : a study to its draft statute and rules, with specific reference to the International Court of Justice and principles of Islamic Shariah." Thesis, University of Glasgow, 1999. http://theses.gla.ac.uk/1571/.
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The present thesis deals with the projected Arab Court of Justice (ACJ) as a regional court, expected to be created within the League of Arab States system. Chapter one deals mainly with the basic structure of the League of Arab States itself, its membership, its organs, the settlement of disputes, and the reasons that are delaying the creation of the ACJ and the role it will be expected to play in settling inter-Arab disputes. In the second chapter comprehensive information on the function of the judicial power in Islamic Shariah is presented, including the status of judges in Islam, their appointment, qualifications, independence and other issues related to them. Chapter three concentrates on the organisation of the projected ACJ, comparing its draft Statute with the Statute of the International Court of Justice (ICJ) and other regional international courts. The chapter will also show how far the Arab draftsmen have been influenced by principles and rules of Islamic Shariah, especially in matters relating to the qualification of judges. Furthermore, the chapter will discuss other points related to the organisation of the bench such as nomination of candidates, system of election, constituting chambers, appointing ad hoc judges etc. The fourth chapter explains in detail at the level of theory as well as of practice the role of Islamic Shariah as a source to be applied by the projected ACJ. The chapter points to the need to discuss the origins and fundamental conceptions of Islamic Shariah as a law capable to be applied by the projected ACJ. Chapter five continues with a discussion of the jurisdiction of the ACJ, and makes detailed reference to the concepts of jurisdiction ratione personae, ratione materiae and the function of the ACJ to give advisory opinions. The thesis considers whether the Arab drafters have developed the above terms or have simply adopted them as they exist in the Statute of the International Court of Justice. The conclusions summarise the findings of the Thesis, and are accompanied by some critical remarks.
Books on the topic "Social justice (Islamic law)"
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Ahmad, Anis. Women and social justice: An Islamic paradigm. 2nd ed. Islamabad: Institute of Policy Studies, 1996.
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S, Khare R., ed. Perspectives on Islamic law, justice, and society. Charlottesville, Va., U.S.A. (444 Cabel Hall, University of Virginia, Charlottesville 22903): Committee on the Comparative Study of the Individual and Society, Center for Advanced Studies, 1987.
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Ahmad, Anis. Women and social justice: Some legal and social issues in contemporary Muslim society. Islamabad: Institute of Policy Studies, 1991.
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Ahman, Anis. Women and social justice: Some legal and social issues in contemporary Muslim society. Islamabad: Institute of Policy Studies, 1991.
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Souaiaia, Ahmed E. Contesting justice: Women, Islam, law, and society. Albany, N.Y: State University of New York Press, 2008.
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Lawrence, Rosen. The anthropology of justice: Law as culture in Islamic society. Cambridge: Cambridge University Press, 1989.
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Ibrāhīm, ʻAbd Allāh ʻAlī. Manichaean delirium: Decolonizing the judiciary and Islamic renewal in Sudan, 1898-1985. Leiden: Brill, 2008.
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Kamal, Simi. Nizam-e-Adl inside out: A study of Nizam-e-Adl in the light of the constitution, women's policies and the perceptions of Pakistani society. Islamabad: National Commission on the Status of Women, 2010.
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Muslim Women and Law Project. and Pusat Krisis Wanita (Pinang), eds. Muslim women and access to justice: Historical, legal, and social experience in Malaysia. Penang, Malaysia: Women's Crisis Centre, 2000.
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Muḥammad, Muḥammad ʻAbd al-Jawād. Buḥūth fī al-sharīʻah al-Islāmīyah wa-al-qānūn: Fī al-ṭibb al-Islāmī. al-Iskandarīyah: Munshaʼat al-Maʻārif, 1991.
Find full textBook chapters on the topic "Social justice (Islamic law)"
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Ali, Shaheen Sardar, and Faqir Asfundyar Yousaf. "Islamic Law, Social Justice and Injustices." In Beyond Law and Development, 223–39. London: Routledge, 2022. http://dx.doi.org/10.4324/9780203745298-14.
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Rashid, Syed Khalid. "Gender justice in the law of awqaf." In Awqaf-led Islamic Social Finance, 103–15. Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2021.: Routledge, 2020. http://dx.doi.org/10.4324/9780429356575-12.
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Vikør, Knut S. "Inscrutable Divinity or Social Welfare? The Basis of Islamic Law." In Philosophy of Justice, 139–55. Dordrecht: Springer Netherlands, 2014. http://dx.doi.org/10.1007/978-94-017-9175-5_9.
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Weisheit, Ralph A., and Frank Morn. "Islamic Law Systems." In Pursuing Justice, 77–89. Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2019.: Routledge, 2018. http://dx.doi.org/10.4324/9780429423901-9.
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Terrill, Richard J. "Islamic Law." In World Criminal Justice Systems, 561–680. 10th ed. New York: Routledge, 2023. http://dx.doi.org/10.4324/9781003307389-8.
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Azid, Toseef, and Lutfi Sunar. "Social justice in Islam." In Social Justice and Islamic Economics, 1–11. Abingdon, Oxon; New York, NY : Routledge, 2019. | Series: Islamic business and finance series: Routledge, 2019. http://dx.doi.org/10.4324/9780203713426-1.
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Maraşli, Ozan. "Interest and social justice." In Social Justice and Islamic Economics, 121–48. Abingdon, Oxon; New York, NY : Routledge, 2019. | Series: Islamic business and finance series: Routledge, 2019. http://dx.doi.org/10.4324/9780203713426-8.
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Yumna, Aimatul. "Productive Zakat and social justice." In Social Justice and Islamic Economics, 149–67. Abingdon, Oxon; New York, NY : Routledge, 2019. | Series: Islamic business and finance series: Routledge, 2019. http://dx.doi.org/10.4324/9780203713426-9.
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Stapleton, Julia. "Social Justice." In The New Palgrave Dictionary of Economics and the Law, 1868–76. London: Palgrave Macmillan UK, 2002. http://dx.doi.org/10.1007/978-1-349-74173-1_354.
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Shaikh, Salman Ahmed, and Qazi Masood Ahmed. "Estimation of potential Zakat in OIC." In Social Justice and Islamic Economics, 168–86. Abingdon, Oxon; New York, NY : Routledge, 2019. | Series: Islamic business and finance series: Routledge, 2019. http://dx.doi.org/10.4324/9780203713426-10.
Full textConference papers on the topic "Social justice (Islamic law)"
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Sukarti, Dewi, and Isnawati Rais. "Islamic Inheritance Law For Economic Social Justice in Indonesia." In 1st International Conference of Law and Justice - Good Governance and Human Rights in Muslim Countries: Experiences and Challenges (ICLJ 2017). Paris, France: Atlantis Press, 2018. http://dx.doi.org/10.2991/iclj-17.2018.34.
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Dewi, Gemala, and Achmad Abdullah Farchan. "Legal Review of Collective Investment Contracts in Issuance of Sharia Mutual Fund Instruments According to Islamic Law (Case Study in Indonesia)." In The 2nd International Conference of Law, Government and Social Justice (ICOLGAS 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201209.355.
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Abderrahmane, Research ABDI. "FEATURES OF LEGITIMATE POLITICS IN BUILDING THE CONTEMPORARY STATE." In I. International Century Congress for Social Sciences. Rimar Academy, 2024. http://dx.doi.org/10.47832/soci.con1-22.
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This research seeks to study Sharia politics in its broad sense, its features and principles, to build the state in order to facilitate the life of human society, reform it, and achieve its immediate and future interests. This can only be achieved by managing the affairs of the state, which must have three conditions and pillars: the people, the territory, and the authority. We establish a harmonious society based on the principles of justice, freedom, and consultation. The Prophet, may God bless him and grant him peace, relied in his policy for the people while building the Islamic state on these landmarks and principles, and after him the Rightly Guided Caliphs, and therefore the state must preserve these landmarks and principles so that it can manage and manage public affairs. In a way that ensures achieving interests and eliminating harms, within what does not exceed the limits of Sharia law and its universal principles
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Bombelli, Giovanni. "Aristotle on Justice and Law: Koinonia, Justice and Politeia." In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_sws96_03.
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Pais Álvarez, Natalia. "Neoliberal hegemony versus social Justice." In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_wg142_03.
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Pais Álvarez, Natalia. "Neoliberal hegemony versus social justice." In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_wg161_01.
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Anwar, Reski. "The Concept of Restorative Justice in Criminal Law from the Perspective of Islamic Criminal Law." In Proceedings of the International Conference on Environmental Law and Mining Law, ICTA II-MIL 2023, 21st October 2023, Pangkalpinang, Bangka Belitung, Indonesia. EAI, 2024. http://dx.doi.org/10.4108/eai.21-10-2023.2343525.
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Isola-Miettinen, Hannele. "Kelsen and Justice." In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_sws17_01.
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Waluyadi, Waluyadi, and Setia Budiyanti. "The Implementation of Islamic Heritage Law." In International Conference on Agriculture, Social Sciences, Education, Technology and Health (ICASSETH 2019). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.200402.050.
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Muthoifin and Muhamad Mukti Nugroho. "Outsourcing System in View of Islamic Law." In International Conference on Engineering, Technology and Social Science (ICONETOS 2020). Paris, France: Atlantis Press, 2021. http://dx.doi.org/10.2991/assehr.k.210421.015.
Full textReports on the topic "Social justice (Islamic law)"
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Safi, Omid. ABOUT US NEWS & EVENTS LIBRARY AEMS RESEARCH PUBLICATIONS THE FAIRFAX INSTITUTE “GOD COMMANDS YOU TO JUSTICE AND LOVE” Islamic Spirituality and the Black-led Freedom Movement. IIIT, October 2020. http://dx.doi.org/10.47816/01.005.20.
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Cornel West, widely seen as one of the most prophetic intellectuals of our generation, has famously said: “Never forget that justice is what love looks like in public.” This teaching, bringing together love and justice, also serves as one that links together the highest aspirations of Islamic spirituality and governance (Ihsan) and justice (‘adl). Within the realm of Islamic thought, Muqtedar Khan has written a thoughtful volume recently on the social and political implications of the key concept in Islamic spirituality, Ihsan.[1] The present essay serves to bring together these two by taking a look at some of the main insights of the Black-led Freedom Movement for Islamic governance and spirituality.
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Kothari, Jayna, Deekshitha Ganesan, I. R. Jayalakshmi, Krithika Balu, Prabhu C., and Aadhirai S. Tackling Caste Discrimination Through Law: A Policy Brief on Implementation of Caste Discrimination Laws in India. Centre for Law and Policy Research, March 2020. http://dx.doi.org/10.54999/gjkp8801.
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CLPR undertook a study to review the implementation of the laws relating to caste discrimination in India – the Protection of Civil Rights Act, 1955, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013. The study focuses on the four Southern states – Karnataka, Andhra Pradesh, Tamil Nadu, and Kerala – and analyses data from the Crime in India report of the National Crime Records Bureau, reports of the Ministry of Social Justice and Empowerment, and case law from High Courts and the Supreme Court of India.
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HEFNER, Robert. IHSAN ETHICS AND POLITICAL REVITALIZATION Appreciating Muqtedar Khan’s Islam and Good Governance. IIIT, October 2020. http://dx.doi.org/10.47816/01.001.20.
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Ours is an age of pervasive political turbulence, and the scale of the challenge requires new thinking on politics as well as public ethics for our world. In Western countries, the specter of Islamophobia, alt-right populism, along with racialized violence has shaken public confidence in long-secure assumptions rooted in democracy, diversity, and citizenship. The tragic denouement of so many of the Arab uprisings together with the ascendance of apocalyptic extremists like Daesh and Boko Haram have caused an even greater sense of alarm in large parts of the Muslim-majority world. It is against this backdrop that M.A. Muqtedar Khan has written a book of breathtaking range and ethical beauty. The author explores the history and sociology of the Muslim world, both classic and contemporary. He does so, however, not merely to chronicle the phases of its development, but to explore just why the message of compassion, mercy, and ethical beauty so prominent in the Quran and Sunna of the Prophet came over time to be displaced by a narrow legalism that emphasized jurisprudence, punishment, and social control. In the modern era, Western Orientalists and Islamists alike have pushed the juridification and interpretive reification of Islamic ethical traditions even further. Each group has asserted that the essence of Islam lies in jurisprudence (fiqh), and both have tended to imagine this legal heritage on the model of Western positive law, according to which law is authorized, codified, and enforced by a leviathan state. “Reification of Shariah and equating of Islam and Shariah has a rather emaciating effect on Islam,” Khan rightly argues. It leads its proponents to overlook “the depth and heights of Islamic faith, mysticism, philosophy or even emotions such as divine love (Muhabba)” (13). As the sociologist of Islamic law, Sami Zubaida, has similarly observed, in all these developments one sees evidence, not of a traditionalist reassertion of Muslim values, but a “triumph of Western models” of religion and state (Zubaida 2003:135). To counteract these impoverishing trends, Khan presents a far-reaching analysis that “seeks to move away from the now failed vision of Islamic states without demanding radical secularization” (2). He does so by positioning himself squarely within the ethical and mystical legacy of the Qur’an and traditions of the Prophet. As the book’s title makes clear, the key to this effort of religious recovery is “the cosmology of Ihsan and the worldview of Al-Tasawwuf, the science of Islamic mysticism” (1-2). For Islamist activists whose models of Islam have more to do with contemporary identity politics than a deep reading of Islamic traditions, Khan’s foregrounding of Ihsan may seem unfamiliar or baffling. But one of the many achievements of this book is the skill with which it plumbs the depth of scripture, classical commentaries, and tasawwuf practices to recover and confirm the ethic that lies at their heart. “The Quran promises that God is with those who do beautiful things,” the author reminds us (Khan 2019:1). The concept of Ihsan appears 191 times in 175 verses in the Quran (110). The concept is given its richest elaboration, Khan explains, in the famous hadith of the Angel Gabriel. This tradition recounts that when Gabriel appeared before the Prophet he asked, “What is Ihsan?” Both Gabriel’s question and the Prophet’s response make clear that Ihsan is an ideal at the center of the Qur’an and Sunna of the Prophet, and that it enjoins “perfection, goodness, to better, to do beautiful things and to do righteous deeds” (3). It is this cosmological ethic that Khan argues must be restored and implemented “to develop a political philosophy … that emphasizes love over law” (2). In its expansive exploration of Islamic ethics and civilization, Khan’s Islam and Good Governance will remind some readers of the late Shahab Ahmed’s remarkable book, What is Islam? The Importance of Being Islamic (Ahmed 2016). Both are works of impressive range and spiritual depth. But whereas Ahmed stood in the humanities wing of Islamic studies, Khan is an intellectual polymath who moves easily across the Islamic sciences, social theory, and comparative politics. He brings the full weight of his effort to conclusion with policy recommendations for how “to combine Sufism with political theory” (6), and to do so in a way that recommends specific “Islamic principles that encourage good governance, and politics in pursuit of goodness” (8).
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Taşdemir, Murat, Ethem Hakan Ergeç, Hüseyin Kaya, and Özer Selçuk. ECONOMY IN THE TURKEY OF THE FUTURE. İLKE İlim Kültür Eğitim Vakfı, December 2020. http://dx.doi.org/10.26414/gt010.
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Fundamental transformations await the world’s economies in the upcoming 20 years. For Turkey to be able to achieve its desired level of prosperity, current structural problems must be solved and preemptive policies must be developed regarding global developments. For Turkey to attain prosperous and virtuous society of the future, Turkey needs a sustainable, long-term, fast-growing economy based on social justice. The Economy in the Turkey of the Future report provides a holistic vision for achieving the infrastructure of the prosperous and virtuous society of the future. The report meticulously analyzes Turkey’s contemporary economy in the light of data and presents the necessary fields to focus on for the future and which kinds of policy ought to be handled with what kind of a perspective in accordance with the advantages and disadvantages. The report touches upon three global trends and their potential impact on national economies and Turkey. It then addresses social justice, sustainability, in the context of long-term economic growth, demographic dynamics and the workforce, Islamic finance, international trade, and sectors deemed strategic. The report focuses on the structural properties that determine the long-term economy rather than short-term economic fluctuations. Many of Turkey’s short-term problems arise from the lack of long-term policies. To this end, the report’s most important emphasis is on the need for long-term policies.
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Guerra, Flávia, Gabriela Merlinsky, Jorgelina Hardoy, Daniel Kozak, Michael Roll, Tobías Melina, and Pablo Pereira. TUC City Profile: Buenos Aires, Argentina. United Nations University - Institute for Environment and Human Security (UNU-EHS), November 2022. http://dx.doi.org/10.53324/sbph3038.
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While it is the jurisdiction with the highest per capita gross domestic product (GDP) in Argentina, there are historically marked differences in socioeconomic levels and socio-environmental conditions between the north and the south of the city of Buenos Aires. The effects of climate change are intertwined with those of economic globalization, a process of “double exposure” that disproportionately affects particular social groups and areas in the city. Slums and informal settlements in Buenos Aires are growing in size. Most face significant resource and infrastructure deficits, as well as high flood risk, and are thus highly vulnerable to the effects of a changing climate. Tackling climate change in Buenos Aires requires integrated adaptation and mitigation approaches that put the most vulnerable at the centre. The ongoing socio-urban integration processes in informal settlements represent opportunities to rethink and territorialize climate action from an integrated habitat perspective. Since the early 2000s, Buenos Aires has built a robust track record of climate policy, including a climate change law and three Climate Action Plans (PACs). The city has also long been a hotbed for social movements, with a recent resurgence of “the right to the city,” defined as the right of urban dwellers to build, decide and create the city. This provides fertile ground for climate justice narratives and transformative climate action to take root. More than half of the city’s GHG emissions come from the consumption of grid electricity and fuels in buildings, mostly natural gas. Multilevel and intersectoral articulation of public policies are key to advance the climate agenda at the city level, particularly in light of limited urban authority over the electricity sector. Sustainability transformations in Buenos Aires could also be enabled by strengthening the existing capacity development efforts of particular local actors to raise climate awareness; connecting and amplifying emerging community-led initiatives that showcase transformative climate action; and clarifying financial flows as a way to stimulate climate financing.
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Yilmaz, Ihsan, Raja M. Ali Saleem, Mahmoud Pargoo, Syaza Shukri, Idznursham Ismail, and Kainat Shakil. Religious Populism, Cyberspace and Digital Authoritarianism in Asia: India, Indonesia, Malaysia, Pakistan, and Turkey. European Center for Populism Studies, January 2022. http://dx.doi.org/10.55271/5jchdy.
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Turkey, Pakistan, India, Malaysia, and Indonesia span one of the longest continuously inhabited regions of the world. Centuries of cultural infusion have ensured these societies are highly heterogeneous. As plural polities, they are ripe for the kind of freedoms that liberal democracy can guarantee. However, despite having multi-party electoral systems, these countries have recently moved toward populist authoritarianism. Populism —once considered a distinctively Latin American problem that only seldom reared its head in other parts of the world— has now found a home in almost every corner of the planet. Moreover, it has latched on to religion, which, as history reminds us, has an unparalleled power to mobilize crowds. This report explores the unique nexus between faith and populism in our era and offers an insight into how cyberspace and offline politics have become highly intertwined to create a hyper-reality in which socio-political events are taking place. The report focuses, in particular, on the role of religious populism in digital space as a catalyst for undemocratic politics in the five Asian countries we have selected as our case studies. The focus on the West Asian and South Asian cases is an opportunity to examine authoritarian religious populists in power, whereas the East Asian countries showcase powerful authoritarian religious populist forces outside parliament. This report compares internet governance in each of these countries under three categories: obstacles to access, limits on content, and violations of user rights. These are the digital toolkits that authorities use to govern digital space. Our case selection and research focus have allowed us to undertake a comparative analysis of different types of online restrictions in these countries that constrain space foropposition and democratic voices while simultaneously making room for authoritarian religious populist narratives to arise and flourish. The report finds that surveillance, censorship, disinformation campaigns, internet shutdowns, and cyber-attacks—along with targeted arrests and violence spreading from digital space—are common features of digital authoritarianism. In each case, it is also found that religious populist forces co-opt political actors in their control of cyberspace. The situational analysis from five countries indicates that religion’s role in digital authoritarianism is quite evident, adding to the layer of nationalism. Most of the leaders in power use religious justifications for curbs on the internet. Religious leaders support these laws as a means to restrict “moral ills” such as blasphemy, pornography, and the like. This evident “religious populism” seems to be a major driver of policy changes that are limiting civil liberties in the name of “the people.” In the end, the reasons for restricting digital space are not purely religious but draw on religious themes with populist language in a mixed and hybrid fashion. Some common themes found in all the case studies shed light on the role of digital space in shaping politics and society offline and vice versa. The key findings of our survey are as follows: The future of (especially) fragile democracies is highly intertwined with digital space. There is an undeniable nexus between faith and populism which offers an insight into how cyberspace and politics offline have become highly intertwined. Religion and politics have merged in these five countries to shape cyber governance. The cyber governance policies of populist rulers mirror their undemocratic, repressive, populist, and authoritarian policies offline. As a result, populist authoritarianism in the non-digital world has increasingly come to colonize cyberspace, and events online are more and more playing a role in shaping politics offline. “Morality” is a common theme used to justify the need for increasingly draconian digital laws and the active monopolization of cyberspace by government actors. Islamist and Hindutva trolls feel an unprecedented sense of cyber empowerment, hurling abuse without physically seeing the consequences or experiencing the emotional and psychological damage inflicted on their victims.
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Yilmaz, Ihsan, Raja M. Ali Saleem, Mahmoud Pargoo, Syaza Shukri, Idznursham Ismail, and Kainat Shakil. Religious Populism, Cyberspace and Digital Authoritarianism in Asia: India, Indonesia, Malaysia, Pakistan, and Turkey. European Center for Populism Studies (ECPS), January 2022. http://dx.doi.org/10.55271/rp0001.
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Turkey, Pakistan, India, Malaysia, and Indonesia span one of the longest continuously inhabited regions of the world. Centuries of cultural infusion have ensured these societies are highly heterogeneous. As plural polities, they are ripe for the kind of freedoms that liberal democracy can guarantee. However, despite having multi-party electoral systems, these countries have recently moved toward populist authoritarianism. Populism —once considered a distinctively Latin American problem that only seldom reared its head in other parts of the world— has now found a home in almost every corner of the planet. Moreover, it has latched on to religion, which, as history reminds us, has an unparalleled power to mobilize crowds. This report explores the unique nexus between faith and populism in our era and offers an insight into how cyberspace and offline politics have become highly intertwined to create a hyper-reality in which socio-political events are taking place. The report focuses, in particular, on the role of religious populism in digital space as a catalyst for undemocratic politics in the five Asian countries we have selected as our case studies. The focus on the West Asian and South Asian cases is an opportunity to examine authoritarian religious populists in power, whereas the East Asian countries showcase powerful authoritarian religious populist forces outside parliament. This report compares internet governance in each of these countries under three categories: obstacles to access, limits on content, and violations of user rights. These are the digital toolkits that authorities use to govern digital space. Our case selection and research focus have allowed us to undertake a comparative analysis of different types of online restrictions in these countries that constrain space foropposition and democratic voices while simultaneously making room for authoritarian religious populist narratives to arise and flourish. The report finds that surveillance, censorship, disinformation campaigns, internet shutdowns, and cyber-attacks—along with targeted arrests and violence spreading from digital space—are common features of digital authoritarianism. In each case, it is also found that religious populist forces co-opt political actors in their control of cyberspace. The situational analysis from five countries indicates that religion’s role in digital authoritarianism is quite evident, adding to the layer of nationalism. Most of the leaders in power use religious justifications for curbs on the internet. Religious leaders support these laws as a means to restrict “moral ills” such as blasphemy, pornography, and the like. This evident “religious populism” seems to be a major driver of policy changes that are limiting civil liberties in the name of “the people.” In the end, the reasons for restricting digital space are not purely religious but draw on religious themes with populist language in a mixed and hybrid fashion. Some common themes found in all the case studies shed light on the role of digital space in shaping politics and society offline and vice versa. The key findings of our survey are as follows: The future of (especially) fragile democracies is highly intertwined with digital space. There is an undeniable nexus between faith and populism which offers an insight into how cyberspace and politics offline have become highly intertwined. Religion and politics have merged in these five countries to shape cyber governance. The cyber governance policies of populist rulers mirror their undemocratic, repressive, populist, and authoritarian policies offline. As a result, populist authoritarianism in the non-digital world has increasingly come to colonize cyberspace, and events online are more and more playing a role in shaping politics offline. “Morality” is a common theme used to justify the need for increasingly draconian digital laws and the active monopolization of cyberspace by government actors. Islamist and Hindutva trolls feel an unprecedented sense of cyber empowerment, hurling abuse without physically seeing the consequences or experiencing the emotional and psychological damage inflicted on their victims.
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The space between: Analysis of gender and ethnicity pay gaps in UK-based organisations active in global health. Global Health 50/50, November 2023. http://dx.doi.org/10.56649/zhpp4836.
Full textAbstract:
Inequalities in opportunities, power and privilege are evident in our working lives. Historical structures shape opportunities in the career pipelines of different groups of people, including access to education, recruitment and promotion, occupational segregation and the so-called ‘motherhood penalty’. Often these dynamics result in certain groups, particularly men and traditionally privileged ethnic groups, occupying higher status and better paid positions, than other groups – resulting in what are called ‘pay gaps’. Increasing transparency on pay gaps helps to ensure that employers are being fair in providing equitable (fair) opportunities and reducing inequalities across the workforce it also holds them accountable for closing the gap. In the UK, reporting the gender pay gap has been mandatory since 2017 for organisations with more than 250 employees. The law has driven an unprecedented level of transparency on the gender pay gap in the UK and provided valuable information to employers and employees on inequality inside their organisations. To date, however, reporting the ethnicity pay gap remains voluntary. Global Health 50/50 (GH5050) tracks and publicises the policies and practices of nearly 200 organisations active in global health for their commitments to gender equality. This Report takes a deep dive into the reporting of gender and ethnicity pay gap data of 43 organisations in the GH5050 sample which have a presence in the UK. This Report focuses specifically on UK-based organisations given the general lack of pay gap reporting worldwide. The Report finds that, between 2017 and 2022, some progress was made in closing the gap – from 12.7% to 10.9% for median pay gap, and from 14.3% to 10.8% for mean pay gap. A quarter of organisations, however, saw an increase in their gender pay gap by a median 3.6 percentage points. In the absence of mandatory reporting, we found that only 13 organisations voluntarily reported their ethnicity pay gaps in 2022, mostly reporting binary gaps between white and ethnic minority employees. While binary reporting in isolation is generally not recommended, it may be needed to protect salary information of ethnic minority employees when numbers of employees are small. Among this (limited) data, we found a median gap of 3.7% and a mean gap of 6.9% favouring white employees. This Report finds that there has been some positive change since mandatory gender pay gap reporting was introduced in 2017. Yet slow and uneven progress indicates a clear need for continued advocacy to ensure pay gap transparency and to close the gender pay gap. This advocacy should include the expansion of mandatory pay gap reporting to include ethnicity; and for very large organisations, an intersectional approach to the data (combining gender and ethnicity, for example) will provide even more nuance and understanding of where action is needed. Even in the absence of legislative requirements, employers in global health, which are often working to advance social justice and gender equality, should act as models for career equality including by publicly reporting pay gap data. This data can inform target-setting and the development of policies to reduce the gap, such as including multiple women in shortlists for recruitment and promotion, and transparency in pay negotiations. Closing the unjust space between women’s and men’s pay is an urgent priority and would ensure that women are equally and fairly paid for their contributions to organisations and to society. Increasing transparency of the pay gaps will rely on more countries passing legislation, as a critical component of comprehensive frameworks for diversity, inclusion and equality in the workplace.