Suchergebnisse

Guaranteeing the option to relate is one of the principle factors showing the degree of democratization of current states. The option to relate, along with any remaining basic liberties and principal opportunities, not entirely set in stone in the constitutions of various conditions of the World. Clearly, protected basic liberties and basic opportunities are the privileges laid out in the constitution and defended by the state. These privileges set out open doors for each resident and individual to decide the sort and size of conduct, to exploit social government assistance given to him for his own and public interests. Agreeing scientists, privileges and opportunities are two types of articulation of lawful conceivable outcomes characterized by regulation. That is to say, an individual has the likelihood to pick his/her own types of conduct. The expression "fair" inside the significance of regulation alludes to the decision of utilizing social government assistance. The utilization of the expression "opportunity" is more catalyst assuming it alludes to the degree of conduct. In such manner, the option to relate described as a likelihood to pick both the structure and level of conduct. This original copy manages the issue of the option to relate with regards to common society.

Pakistan has recently reformed its arbitration laws and laws on the recognition and enforcement of foreign arbitration agreements and awards. These reforms relate to both international commercial and investment arbitration. This book highlights the changes brought about by the recent enactments and explains the relationships between the old and new legislation. It provides a detailed and up-to-date analysis of Pakistani case law on foreign arbitration agreements and awards. Part I describes the background of arbitration laws in Pakistan. Part II explains the applicable substantive and procedural rules for the recognition and enforcement of foreign arbitration agreements and awards and other important issues, such as the severability of arbitration clauses from main agreements, questions of public policy, and interim measures supporting foreign arbitration. Part III analyses the recent enactments that implement the New York and the ICSID Conventions in Pakistan.

This paper discusses the views of Partai Islam Se-Malaysia (PAS) on democracy and its implementation in real politics in Malaysian context. I analyze PAS views on the relationship between Islam and democracy, their style in recruiting members and leaders of the party to demonstrate that this Islamic political party follows democratic rules. PAS believes that democracy and Islamic values are compatible and it is a good political tool for an Islamic party like PAS to reach its political goals. By examining the process of recruitment of members and leaders of PAS as the cases, the paper shows that commitment of PAS in toning up democracy in Malaysia could be viewed in their style of recruiting their leaders. The PAS has exercised democratic rules in their internal party activities, particularly in the way they recruit their members and how they chose their leaders.

Integration is a process to create national identity in a society which is differs in culture, social matter, location that live in a political unit. The concept of national integration is actually a broad concept. From sociological perspective, the process of understanding can be explained as integration, as in political integration resulted from the efforts in cooperating and uniting the parties that have followers with various ideological background. The national integration process happens as the result of the needs to strengthen the harmony and security for a sovereign country. Malaysia, however, has taken several concrete steps to bridge the diversity in ideology, politics, economy, and social matter, along with the efforts towards educational system. History education had been made as the main choice in Malaysia in order to realize the goal of teaching political value as well as its importance. History also plays a role in improving socialization and awareness towards politics within the young generation, as well as strengthening nationalism as an important element to build a good citizenship. History education should be able to foster national integration and national development. The awareness towards historical heritage is important to foster group identity that later may form the sense of belonging, love, empathy and loyalty. The development on history education in Malaysia shows that the subject of history has been made as a bridge in achieving the above goal (KPM, 2003) namely to foster the loyalty and identity as the citizen of Malaysia and as the member of the world society. Multicultural perspective is important to be delivered in history education so that every ethnic will be pround and respected. Multiculturality and diversity should be considered as a potential to foster diversity into national integration. History may also build an understanding and respect as well as explores other ethnic cultures as to find similarities that can be accepted nationally to build tolerant and to prevent clash among ethnics in Malaysia in the future time.

This paper examines relationship between Islam and democracy. Agreements and disagreements among scholars about the concept are firstly discussed. It is followed by a discussion about formalist and substantive democracy. In examining relationship between Islam and democracy, the views of muslim scholars such as Sayyid Qutb, Al-Maududi, Ibnu Taimiyah and Al-Mawardi are examined. Finally, this paper describes Islamic values that compatible with democracy and examples of the views of muslim politicians in Southeast Asia particularly Indonesia and Malaysia about democracy and its implementation in these countries.

The article compares the achievement of Partai Islam se-Malaysia (PAS) and Partai Keadilan Sejahtera (PKS) in the latest general election held in 2013 in Malaysia and in 2014 in Indonesia. The writer finds that the political performance of PAS and PKS has indicated differently contrast results. While political electability of PAS in the 2013 Malaysia's general election has disappointed this party, PKS has successfully proved that surveys held by a number of survey institutes—predicting that the party would cease within the 2014 Indonesia's national election—were totally false. Many political figures of PAS have failed to gain positions in the legislative assembly. Meanwhile, in viewing PKS's political performance during the 2014 national election, one may assume that this party was luckily survive. This is because, a number of surveys conducted before the election had predicted that PKS could be considered lucky when it was able to gain five per cent of the vote, as its former president has been suspected of being corrupt for his involvement in cows import. However, the fact shows that PKS has magnificently survived, but it was even able to gain almost seven per cent of voters' vote. Unfortunately, PKS was unsuccessful to achieve its political target to be the biggest three of the national vote.

This paper argues that Maqâsid al-Syarî'ah should be revitalized as a paradigm of ijtihâd in the legislation of Islamic law in Indonesia in order to preserve and protect al-Kullîyah al-Khamsah (Five Universal Principles).In this way, the norms of Islamic law becomes more meaningful instead of normative, and it becomes a legally binding law without losing its substance. The substance of Islamic law is the soul of mercy for the worlds (rahmatan li al-'âlamîn), namely a sense of justice, goodness and truth. The revitalization of Maqâsid al-Syarî'ah is conducted through the mechanism of al-Siyâsah al-Syar'îyah (legitimate policy). This mechanism is manifested by the issue of fatwa by authorized religious institutions, such as the Majelis Ulama Indonesia (Indonesian Ulama Council), Bahts al-Masâ'il Nahdhatul Ulama (LBM NU), and Majelis Tarjih Muhammadiyah. After that, the results of this arad are absorbed or adapted to the legislation. The formulation of the arad should also pay attention to the five authoritative devices of Khaled Abou El-Fadl's version, namely honesty, seriousness, comprehensiveness, rationality and self-restraint. Such process and mechanism are the essensials of comprehensive ijtihâd (collective ijtihâd, creative-inovative and implementable). ; Maqâs}id al-Syarî'ah harus direvitalisasikan sebagai paradigm ijtihad dalam legislasi hukum Islam di Indonesia, karena legislasi merupakan cara yang sangat penting dalam memelihara dan melindungi al-Kullîyah al-Khamsah (Panca Prinsip Universal). Dengan cara ini norma hukum Islam menjadi lebih bermakna, karena bukan hanya bersifat normatif, melainkan menjadi sumber hukum yang mengikat (authoritative source/legal binding) dengan tetap tidak kehilangan substansinya. Substansi hukum Islam adalah jiwa kerahmatan bagi semesta alam (rahmatan lil 'alamin), yaitu rasa keadilan, kebaikan dan kebenaran. Revitalisasi Maqâs}id al-Syarî'ah dilakukan melalui mekanisme al-Siyâsah al-Syar'îyah (kebijakan politik). Mekanisme ini ditempuh dengan melalui tahap pembuatan fatwa oleh lembaga-lembaga keagamaan otoritatif/kompeten, seperti Majelis Ulama Indonesia (MUI), Lembaga Bahtsul Masail NU (LBM NU), dan Lajnah Tarjih Muhammadiyah. Hasil-hasil fatwa tersebut kemudian diserap atau diadaptasikan ke dalam peraturan perundang-undangan. Dalam pembuatan fatwa tersebut harus pula memperhatikan lima perangkat otoritatif versi Khaled Abou El-Fadl, yaitu kejujuran, kesungguhan, kemenyeluruhan, kerasionalan, dan pengendalian diri/kehatihatian. Proses dan mekanisme demikian merupakan wujud ijtihad komprehensif (ijtihad kolektif, kreatif-inovatif dan implementatif).