al-Irsyad: Journal of Islamic and Contemporary Issues
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الآليات الوطنية لحماية حقوق الطفل: National Mechanisms for the Protection of Children’s Rights
No full text :الملخص
تهدف الدراسة لتقييم الآليات الوطنية لحماية حقوق الطفل وتقييمها، وتركز الدراسة على دور الإعلام في حماية حقوق الطفل، بالإضافة لدور المنظمات الوطنية غير الحكومية في حماية حقوق الطفل. وتبرز إشكالية الدراسة في ظل انضمام فلسطين لاتفاقية حقوق الطفل ووجوب تطبيق نصوص اتفاقية حقوق الطفل، ومنها إنشاء آليات وطنية لحماية حقوق الطفل. ولتحقيق هدف الدراسة الرئيسي استخدم الباحث المنهج الوصفي التحليلي، من خلال تحليل النصوص القانونية والمعاهدات الدولية، كما اعتمد الباحث المقابلة الشخصية أداة لجمع المعلومات. وخلصت الدراسة إلى جملة من النتائج والتوصيات أهمها: مسؤولية الدول الأطراف في اتفاقية حقوق الطفل عن تنفيذ الاتفاقية، باعتبارها ملزمة بالوفاء بالالتزامات الناشئة عن الاتفاقية، وأن مسؤولية الدول لا تتوقف عند تنفيذ التزاماتها فحسب، بل تتعدى لإنشاء "الآليات الوطنية لحماية حقوق الطفل"، ولضمان نجاح هذه الآليات في الغاية التي شرعت من أجلها، فلابد أن يسبقها توفير الضمانات القانونية والسياسية لذلك، وتوصي الدراسة بتعزيز دور مؤسسات المجتمع المدني والرعاية الاجتماعية في تثقيف وتوعية الأطفال بحقوقهم، ومساعدة وتأهيل الأحداث الجانحين في الاندماج مع المجتمع. وفرض آليات للرقابة على توفير وحماية حقوق الأطفال بما يشمل المؤسسات والوزارات والهيئات المختصة. وضرورة تخصيص موازنة خاصة للأطفال "الموازنة الصديقة للطفل" ضمن الموازنة العامة للدولة، أسوةً بالدول الأخرى.
The study aims to analyse and evaluate the national mechanisms for the protection of children’s rights. It focuses on the role of the media as well as the national NGOs in protecting children’s rights. The study problem emerges from Palestine’s accession to the Convention on the Rights of the Child and also from the necessity of implementing the provisions of the Convention, including the establishment of national mechanisms to protect children's rights. To achieve the main objective of the study, the researcher used the descriptive-analytical method, through the analysis of legal texts and international conventions. The data of the study is collected through personal interviews. The study reveals several results, the most important of which are as follows: States signatories to the Convention on the Rights of the Child are responsible for implementing the convention as they are obligated to comply with the obligations under it, and these states’ responsibility is not only limited to complying with their obligations but also exceeds to the establishment of national mechanisms for protecting the rights of the child. To ensure the success of the mechanisms in achieving the purpose for which they are established, they must be preceded by providing legal and political guarantees. The study recommends promoting the role of civil society and social care institutions in educating children about their rights and assisting and rehabilitating juvenile delinquents to integrate with society. It also recommends imposing supervision mechanisms to ensure the protection of children's rights, including institutions, ministries and relevant bodies. Finally, it recommends allocating, as in other countries, a special budget for children "the child-friendly budget" within the state budget.
 
Pendekatan mengurus konflik dalam rumah tangga bermadu: Approach in managing conflict in a polygamous household
Full text linkConflict is an unavoidable condition and is part and parcel of life in a household, especially in a polygamous household. This article aims to present the factors that contribute to household conflict and the approach to managing them. The data were obtained through semi-structured interviews with sampling techniques aimed at five sister-wives and one polygamous husband. The interview data transcriptions were analysed to form themes and sub-themes, and validation was performed using Cohen Kappa calculations. The data analysis revealed that the internal factors that trigger conflict are secretive marriage, lack of concern, jealousy, and misunderstanding, whereas the external factors are neglecting responsibility, difficulty in adjusting, and lack of communication. Among the approaches taken to manage this conflict are to hold discussions, to be generous, to be tolerant, to care for each other, to appreciate, to be patient, to accept the qada' and qadar of Allah Almighty, to protect the household’s honour, and to limit unimportant social activities. This finding can serve as a guide in the management of polygamous household conflicts
al-Falāḥ in productive endowments: Case study in South Sulawesi, Indonesia: Konsep wakaf produktif al-Falāḥ: Kajian kes di Sulawesi Selatan, Indonesia
Full text linkThis study aims to determine the management mechanism of productive waqf based on jurisprudence, the Compilation of Islamic Law (KHI), and Law Number 4 of 2004 regarding waqf. In addition, this study also aims to reveal the form of welfare distribution (al-falāḥ) channelled from various productive waqf programmes. The type of research is qualitative research with a socio-historical approach. The study uses primary and secondary data from the Indonesian National Charity Foundation (YAKIN) in South Sulawesi. The results of this study show that productive waqf management has been managed based on a system of collaboration between YAKIN and Nāẓir who experienced and developed each programme model. Managed productive waqf is divided into two forms, namely “waqf khairy” in the form of education programmes and cash waqf in the form of rice management programmes, business assistance, and capital investment. The cash waqf collection system is carried out through fundraising through family, workmates, and social media networks. The review of jurisprudence on productive waqf is in accordance with the corridors of the sharī‘ah and compilation of Islamic law, but in the implementation of Law Number 4 of 2004 regarding waqf, it does not fulfil the requirements of the cash waqf pledge. This research also reveals that the distribution classification of al-falāḥ for productive waqf includes socio-religious aspects in the form of school fees, mosque establishment, and the cultivation of Islamic values
Analisis naratif fasa kehidupan Miskawayh (932-1030 M): Narrative analysis on the life phases of Miskawayh (932-1030 M)
Full text linkMiskawayh is an important figure in the development of Islamic ethical philosophy. The synthesis between Greek philosophy and Islamic knowledge that he developed in the Middle Ages is considered a significant innovation in the formation of Islamic ethical philosophy. Though Miskawayh’s biography has been widely presented, his biographical narrative in this study is needed to ascertain his life changes based on different phases of his life. Therefore, this qualitative study will discuss the biography of Miskawayh. A biographical narrative analysis of Miskawayh found four major phases in his life. The first phase (up until the age of about 20) was when he obtained basic Islamic knowledge and studied chemistry. The second phase was between 956 AD and 963 AD in Baghdad. During that period of time, he was involved in the discussion of philosophy and dealing with moral issues. The third phase was in 963 AD in Rayy, Iran, where he dedicated his time to studying various themes of writing and teaching. The fourth phase was between 976 AD and 1030 AD, from his age of 44 until his death at the age of 96 in Iṣfahān, Iran. During this phase, he was active in philosophical writing and refining ethics. Due to the breadth of Miskawayh’s knowledge and experience, his writings on ethics have been influential, especially his magnum opus entitled Tahdhīb al-Akhlāq which has received a substantial amount of attention from Islamic and Western scholars to this day
Aplikasi al-Taḥammul wa al-Adā’ dalam kalangan qurrā’ dan kepentingannya: The application of al-Taḥammul wa al-Adā’ among the qurrā’ and its importance
Full text linkQuran is the main source of reference for Muslims in their daily lives. It is a holy book that is always be read, practiced and inherited from time to time. Muslims read the Quran by teacher to get and obtain an authentic way of reading. It is common knowledge that the Quran is inherited to every generation by the method of taking recitations from the teacher, namely talaqqī by musyāfaḥah. But society is still unclear and does not know the concept of al-taḥammul wa al-adā’ in the inheritance of Quran recitation. Al-taḥammul is a process of receiving and taking a knowledge, while al-adā’ is a process of practicing a knowledge. Thus, this article will discuss the application of al-taḥammul wa al-adā’ among qurrā’ and its importance. Data of the study were collected through library document analysis, while the data analysis method was descriptive. The findings show that there are several importance of the al-taḥammul wa al-adā’ application which is to ensure the connection of sanad, avoid tadlīs or deviation of sanad and for record and reference purposes. The implications of this study are that it is important to guide the community to know the knowledge of al-taḥammul wa al-adā’ in the inheritance of Quran recitation.The Quran is the main source of reference for Muslims in their daily lives. It is a holy book that is always read, practised, and inherited from time to time. Muslims read the Quran under their teacher’s guidance to obtain an authentic way of reading. It is common knowledge that the Quran is inherited by every generation through the recitation learning method of the teacher, namely talaqqī (meet) by mushāfaḥah (read mouth to mouth). Unfortunately, society is still unclear and does not know the concept of al-Taḥammul wa al-Adā’ (receive and practise) in the inheritance of Quran recitation. Al-Taḥammul is a process of receiving and learning knowledge, while al-Adā’ is a process of practising the knowledge. Thus, this article will discuss the application of al-Taḥammul wa al-Adā’ among qurrā’ (narrators of recitations of the Quran) and its importance. The data for the study were collected through library document analysis, while the data analysis method was descriptive. The findings show that there are several important purposes of the al-Taḥammul wa al-Adā’ application, which are to ensure the connection of sanad, avoid tadlīs or deviations from sanad, and for record and reference purposes. The implications of this study are important to guide the community in knowing the knowledge of al-Taḥammul wa al-Adā’ in the inheritance of Quran recitation
Pembentukan makna tatabahasa dalam struktur ayat kata kerja Kāna (كان): Formation grammar meaning of the sentence structure of the verb Kāna
Full text linkGrammar plays a role in determining the meaning of a sentence. In fact, grammatical forms have a variety of meanings based on the context in which they are used. The study of grammar involves examining the function carried out by a single word. This study was conducted to identify the grammatical meaning that exists in the use of Verbal Phrase Predicate (PFK) for kāna verb (KKK) in Arabic sentence structure (BA) and describe the appropriate match for the grammatical meaning that exists in Malay sentence structure (BM). This study was conducted using a qualitative method based on the library method (text analysis study) in analysing the data. The theoretical framework utilised in this study includes the grammatical meanings inherent in the use of PFK for KKK in the BA sentence structure by al-Sāmirrā’ī (2003) and the component analysis model by Nida (1975), which analyses the meaning of KKK grammatical references. While the contrastive analysis carried out involves analysing the grammatical meaning contained in the use of KKK in the BA sentence structure and matching the appropriate grammatical meaning in the BM sentence structure. The study found that different grammatical meanings are formed based on the time aspect found in the PFK for KKK in the sentence structure of BA. The results of this study also prove that the appropriate match for the grammatical meaning that exists in the BM sentence structure is the verb, which consists of aspect auxiliary verbs, variety auxiliary verbs, and adverbs
Building a sustainable Nation from the Quranic perspective: Pembangunan negara lestari menurut perspektif al-Quran
Full text linkBuilding a sustainable nation from a Quranic perspective is a form of Islamic model that is clearly stated in the Quran. The model is based on the conception of Islamic principles that adopt an Islamic sharī‘ah (order) preservation approach and execute the nation’s development based on the guidelines embodied in the Quran and Sunnah. Most countries that drive success in various fields neglect the importance of balancing physical and spiritual development. This situation will only allow the world to strive for materialistic success without any holistic development. Therefore, this study elaborated on the characteristics of a Balda Ṭayyiba Wa Rabb Ghafūr state, which was the axis of the past Islamic world empires. A qualitative research method was used in this study by collecting library data to analyse texts that would suggest the concepts of building a sustainable nation from the Quranic perspective. Therefore, this working paper would explicate the features of Balda Ṭayyiba Wa Rabb Ghafūr as the basis of global Islamic nation building. This study revealed that the nation of Balda Ṭayyiba Wa Rabb Ghafūr requires an Islamic administration that covers various aspects, including politics, Rabbānī (divine) holistic education system, a fair economic system, and a sustainable environment. By understanding the Balda Ṭayyiba principle and its features, the greatness of a nation’s civilization could be reinstated. Thus, the basis of a nation’s well-being relies on its political stability, a holistic education system, a fair economic system, and a sustainable environment
Risiko gangguan seksual di dalam rumah kepada kemaja: The risk of sexual harassment in house to teenagers
Full text linkSexual harassment is a sexually oriented act committed against another person either verbally, non-verbally, physically, or emotionally. Sexual harassment can occur to female teenagers, whether they are inside or outside the home. This quantitative study used questionnaires that were analysed using SPSS 2.0. The objective of the study is to explore the extent of domestic sexual harassment risk for female teenagers while they are at home. A total of 84 girls from the ages of nine to fifteen in Selangor participated in this study after receiving consent from their parents and guardians to participate. This study found that 7.14% of the participants admitted that they like to wear sexy clothes at home and had watched pornographic videos with close family members such as their father, brother, uncle, and grandfather. The findings revealed that they had experienced sexual harassment by their family members if they did not maintain Islamic manners, in addition to being excessively exposed to the unlimited information technology facility. The findings also showed that there are unsafe elements for female teenagers at home if the family well-being mechanism is not properly and well maintained. The implications of this study suggest the development of a mobile application to identify the initial signs of sexual harassment towards female teenagers
Analisis Tinjauan Literatur Sistematik (SLR) berkaitan penterjemahan elemen Iltifāt: A Systematic Literature Review (SLR) analysis on the translation of Iltifāt elements
Full text linkTranslation studies have increasingly become popular among researchers. However, the strategies of translating iltifāt elements, which are known to affect the understanding of a given text, have not received much attention. This is due to the perceived complexity and difficulty of translating iltifāt by many scholars. However, its translation strategies do require improvement so as to avoid confusion among target text readers. This study presents a systematic literature analysis on the translation of iltifāt elements with the aims of integrating previous findings and identifying new research areas. This qualitative study applies a document analysis approach and a systematic literature review (SLR). This analysis focuses on the reviewed studies’ backgrounds, issues, methods, and findings. The results show that previous studies in general tend to focus on the corpus of the sacral text, which is the Quran, particularly on iltifāt ḍamīr (reference switching) and its English translation strategies. The findings also show that the problems arising from previous studies can be resolved by applying efficient translation strategies. Therefore, future research in Arabic-Malay translation that aims to produce equivalent translation strategies in regards to iltifāt ḍamir elements should be emphasised
Pemakaian sistem Torrens dalam perundangan tanah Malaysia dan kesannya terhadap Iḥyā’ al-Mawāt: The application of Torrens system in Malaysian land law and its effect to Iḥyā’ al-Mawāt
Full text linkIḥyā’ al-mawāt is one of the methods of owning certain land in Islam. Anyone who clears land and works on it has a right of ownership over the land. The method of owning land by iḥyā’ al-mawāt was actually practised in Tanah Melayu before the British colonialization. However, during the colonial period, they introduced a land system known as the Torrens system. The Torrens system is a system of land administration in which registration is very important to recognised land ownership and is in contradiction to iḥyā’ al-mawāt. This principle was applied through the enforcement of the National Land Code. The question arises whether ihya’ al-mawāt can still be applied and recognised under Malaysian land law. Therefore, the objectives of this paper are to discuss iḥyā’ al-mawāt and also to determine its place in Malaysian land law. This paper which employs the content analysis method of court case and statute finds that iḥyā’ al-mawāt is not recognised under the Malaysian land law and further, it is an offence under section 425 of the National Land Code