Introduction to Qiyas and Maslahah Mursalah and Its Application In The Future

<p><em>This paper discusses qiyas and maslahah mursalah. The goal is to make it easier for us to establish a</em><em> </em><em>law. The data collection method that the writer uses is a literature study in the form of searching for books related to qiyas and maslahah mursalah. Qiyas In language (Arabic)</em><em> </em><em>means measuring,</em><em> </em><em>knowing the size of something, comparing,</em><em> </em><em>or equating something with another. For example</em><em> </em><em> قمت اللوب بالنراع</em><em> </em><em>which means "I measure clothes in cubits." According to Ushul</em><em> </em><em>Fiqh terminology, as stated by Wahbah al-Zuhaili, qiyas is connecting or equating the Law of something with no legal provisions with legal provisions there is Illat similarity between the two. The meaning of Maslahah in Arabic means</em><em> </em><em>"actions</em><em> </em><em>that encourage human goodness." This article uses the induction and deduction methods and the descriptive analysis approach by conducting a literature study.</em><em> </em><em>The</em><em> </em><em>result shows that</em><em> </em><em>Allah decreed all the laws to his servants in orders/prohibitions containing</em><em> </em><em>Maslahah and benefits. The specialty of this paper is that it is written in detail based on arguments so that it is easy to understand. Qiyas and maslahah mursalah are very important for us to understand more deeply to determine an appropriate law. Maslahan</em><em> </em><em>Mursalah is an extension of</em><em> </em><em>qiyas if there are no more arguments that can support qiyas.</em></p><p>Artikel ini membahas tentang qiyas dan maslahah mursalah. Tujuannya untuk memudahkan dalam membuat undang-undang. Metode pengumpulan data yang digunakan adalah studi kepustakaan berupa pencarian kitab-kitab yang berhubungan dengan qiyas dan maslahah mursalah. Qiyas dalam bahasa (Arab) berarti mengukur, mengetahui ukuran sesuatu, membandingkan, atau menyamakan sesuatu dengan yang lain. Misalnya اللوب بالنراع yang artinya "Aku mengukur pakaian dalam hasta". Menurut istilah Ushulfiqh, sebagaimana dikemukakan oleh Wahbah al-Zuhaili, qiyas adalah menghubungkan atau menyamakan hukum sesuatu yang tidak ada ketentuan hukumnya dengan ketentuan hukumnya terdapat kesamaan illat antara keduanya. Arti Maslahah dalam bahasa Arab berarti “perbuatan -perbuatan yang mendorong kebaikan manusia”. Artikel ini menggunakan metode induksi dan deduksi serta pendekatan analisis deskriptif dengan melakukan studi kepustakaan. Hasil penelitian ini menunjukkan bahwa Allah menetapkan segala hukum kepada hamba-hamba-Nya dalam perintah/larangan yang mengandung maslahah dan kemaslahatan. Keistimewaan makalah ini adalah penulisannya secara detail berdasarkan argumentasi sehingga mudah dipahami. Qiyas dan Maslahah Mursalah sangat penting untuk dipahami lebih dalam untuk menentukan hukum yang tepat. Maslahan Mursalah merupakan perpanjangan dari qiyas jika tidak ada lagi dalil yang dapat mendukung qiyas.</p><p><em><br /></em></p>

Saved at the Seawall

This book is the definitive history of the largest ever waterborne evacuation. The book reveals the dramatic story of how the New York Harbor maritime community heroically delivered stranded commuters, residents, and visitors out of harm's way. Even before the US Coast Guard called for “all available boats,” tugs, ferries, dinner boats, and other vessels had sped to the rescue from points all across New York Harbor. In less than nine hours, captains and crews transported nearly half a million people from Manhattan. Anchored in eyewitness accounts, the book weaves together the personal stories of people rescued that day with those of the mariners who saved them. The book describes the inner workings of New York Harbor and reveals the collaborative power of its close-knit community. This chronicle of those crucial hours, when hundreds of thousands of lives were at risk, highlights how resourcefulness and basic human goodness triumphed over turmoil on one of America's darkest days.

Maslahah Dalam Pertimbangan Hukum Hakim Pada Putusan Izin Poligami Nomor 0020/Pdt.G/2017/Pa.Mn

Maslahah actions that encourage human goodness or anything beneficial to human beings. This article is in the decision of the Religious Court of Madiun City number 0020/Pdt.G/2017/PA.Mn. The judge only granted the application for permission to have polygamy and rejected the application for separation of joint property; the decision was not granted on the verdict. The method used in this research is a qualitative research method that produces descriptive data analysis. Primary data in the form of the judge's decision of the Religious Court of Madiun City Number 0020/Pdt.G/2017/PA.Mn The secondary source of library materials in the form of books and interviews with judges. The results of this study there are three conclusions, namely 1). That is the decision with case number 0020/Pdt.G/2017/PA.Mn is by the rules of Maslahah Dzaruriyyah because in this matter, to preserve religion, soul, intellect, lineage, and property have been fulfilled. Only one thing has not been fulfilled about the property, so the more significant problem must come first. 2). The maslahah of formal and material written evidence has been met, but in the evidence of common property is not by the law, the judge rejected it, and it is by the maslahah mu'tabaroh supported by syara '. 3). The maslahah in the witness evidence, including the maslahah hajjiyah, is less than maximum, or it is still doubtful that the witness only knows it. Not by the material requirements (Article 171 HIR/308 RBg) to see, hear, and experience for himself. So the judge gave relief to the parties to support the fulfilment of the maintenance of religion, soul, intellect, lineage and property.

The Real Stuff of History: Hanno, Niger, The Conquest of the Maya and Nine Against the Unknown

Mitchell’s abiding interest in history and prehistory was a concomitant of his overarching commitment to human rights. This chapter studies the impulse underlying his dedication to the Diffusionist school of history, which most importantly served as a moral prop for his belief in human goodness. The four full-length history books that he published span his writing career and testify to the continuity of his ideological preoccupations, expressly with the welfare of the ordinary people and with the responsibilities of mankind with regard to safeguarding the rights of ethnic peoples and respecting the natural environment. His anti-imperialist sensibility is evident in his promotion of the rights of the peasant. This runs right through his biography of Mungo Park, with whom the author keenly empathises as son to a smallscale Scottish farmer, and his study of the pre-Columbian theocracies in his most academic treatise The Conquest of the Maya right up to his study of Fridtjof Nansen, which closes his final volume Nine Against the Unknown, hailed as the champion and embodiment of the most inspiring ethical, environmental, political and philosophical values.

Departing from Perfect Goodness? The tetragonōs and the hugiēs man in Plato’s Protagoras

Simonides’ well known Ode to Scopas, which Plato introduces in the Protagoras, provides fertile ground for a discussion of two different forms of human goodness: on the one hand, the excellence embodied by the perfectly good man (τετράγωνος ἀνήρ); on the other hand, a less perfect form of goodness, which is the one embodied by the “healthy man” (ὑγιὴς ἀνήρ). This essay will critically address the shift from perfect to imperfect goodness and its underlying reasons. More specifically, I will argue that the distinctive goodness of the “healthy man” can be identified with a form of “minimal political decency”. As such, this can be praised only in comparison to a condition of lawlessness.

The impacts of intra-organizational structural elements on supply chain integration

PurposeFollowing resource-based view, the purpose of this paper is to investigate the effects of three intra-organizational structural elements on supply chain integration (SCI).Design/methodology/approachBased on data collected from ten countries, this study employs the structural equation modeling method to test the proposed model.FindingsThe results demonstrate that teamwork culture is positively related to three dimensions of SCI. Organizational commitment has positive effects on internal and customer integration (CI), whereas it has no significant effect on supplier integration (SI). Human goodness is only positively related to internal integration, but has no significant effect on SI or CI.Originality/valueThis study contributes to both structural elements literature and SCI enabler literature by operationalizing three human-related components of structural elements and empirically investigating relationships between intra-organizational structural elements and SCI.

How Conversion Can Rehabilitate the Penal System

This chapter provides an outline of a penal system patterned upon conversion. It argues that any form of violence or reduction of the problematic to “dependent variables” in an equation of pain delivery or social control is immoral and ineffective. It first looks at ways in which front-end initiatives might eliminate the need to incarcerate a large majority of those currently under custody. It combines the restorative approach to dialogue with contemplative practices of meditation as the necessary rudiments of a fully human life, regardless of one’s involvement with the law. It then presents its vision of penal organization for the truly violent and unrepentant to be one of careful accompaniment. Since it is predicated upon an ontology of fundamental human goodness, the person comes naturally to conversion without force or intimidation. There is a balance of solitude, association, and accompaniment by a mentor.

The Welfare of Children, Research Ethics, and the Bucharest Early Intervention Project

Ethical principals demand that science foster human goodness and flourishing—serving as a tool to help, not harm, humanity. This chapter considers as a case study the Bucharest Early Intervention Project (BEIP), a randomized controlled trial comparing the effects of foster care as an alternative to institutional care for young children in Bucharest, Romania. The study results suggested that early institutionalization leads to profound deficits in many domains. The ethical issues triggered by these experiments span the domains of randomization to harm, clinical equipoise, standard of care, researcher ambivalence, duty to rescue, political cooptation and conflicts of interest, and logicality. The alleged methodological rigor of the randomized controlled BEIP has a seductive internal consistency, but careful analysis reveals that gloss distracted the scientific community from our fundamental ethical obligation to provide authentic witness to, and compassionate care for, the most vulnerable among us.

Saadiah Gaon (fl. early 10th century)

Saadiah Gaon al-Fayyumi was the first systematic philosopher of Judaism and a pioneering exegete, grammarian, lexicographer, liturgist and chronologist. His Kitab al-mukhtar fi ’l-amanat wa-’l-’i‘tiqadat (Book of Critically Chosen Beliefs and Convictions) uses reason, experience and tradition to elaborate a monotheistic theology and pluralistic ethics. Organized in ten thematic treatises, the work, familiarly known by the title of its Hebrew translation, Sefer Emunot ve-De‘ot (The Book of Beliefs and Convictions), opens with a striking epistemological prelude laying out the sources of knowledge in sense experience, reason and (for the recipients of Scripture) tradition. Saadiah defends sense experience on the grounds that scepticism is self-undermining. He defends reason as the basis of critical and scientific knowledge; and he defends the Jewish sources of traditional learning on the grounds of the continuity and trustworthiness of their transmission. He treats tradition not as an independent source of knowledge but as a means of preserving primary knowledge acquired in the past. The ten treatises of the work defend creation against alternative cosmological theories, argue for God’s unity and incorporeality, explain the human situation as a trial designed to test and reward human goodness, defend God’s justice and the substantiality and immortality of the soul, affirm the national restoration promised by the prophets of Israel, and lay out the constituents of the good life, which Saadiah argues is undermined by excessive attention to any one of the varied goods available to us. Committed to reason, science, free will and God’s ultimate justice, Saadiah champions the veracity of Scripture using his formidable philological skills and learning to find appropriable interpretations of biblical language whenever the apparent textual sense to be ruled out by reason, science, another text, or a sound tradition. In keeping with the Rabbinical and Biblical outlook, he upholds the value of this life on the grounds that only here are authentic choices possible. Saadiah’s philosophy profoundly influenced Maimonides and later Jewish thinkers; his biblical commentaries are still consulted for their philosophical and philological insights.

The Moral Economy: Why Good Incentives Are No Substitute for Good Citizens Yale University Press New Haven and London, 2016, 288 pages, ISBN: 9780300163803

The words ‘moral’ and ‘economy’ originated in the classical intellectual world and in Aristotle’s social theory; besides the politics and ethics, economy was the third domain of practical philosophy where excessive profit making and charging of interest were not the moral practices. However, in the middle of the eighteenth century, the ‘moral economy’ got separated from the morality, and turned out to be simply a religious concept. Defining the moral economy in the 21st century on the basis of goodness, fairness, and justice is something perplexing for the proponents of market economies. But can we ignore the moral basis in our ‘ordinary business’ of life? The book under review, The Moral Economy by Samuel Bowles raises several questions in this regard and tries to show that our basic human goodness is more effective in decision making than the financial incentives. The strength of this book lies in its using different case studies and behavioral experiments with evidence-based arguments on the workable economic and financial world of the 21st century. Islamic economics is based on morality and ethics. Thus, the purpose behind the review of this path breaking work is to understand its relevance to Islamic economics that has emerged as a new paradigm in recent decades.