Scholarly Writings Research Articles

A “Revista de Lejislacion y Jurisprudencia”

The “Revista de Lejislacion y Jurisprudencia” was published in Buenos Aires between 1869 and 1880, and it was directed by four professors at the University of Buenos Aires: José M. Moreno, Ceferino Araujo, Antonio E. Malaver and Juan José Montes de Oca. The ‘Revista’ had appeared when Vélez Sarsfield had already submitted to the Executive Power the first book of the Argentinean Civil Code Draft. That is why it is of great interest to analyze this publication that began to be issued at a turning point of the systematization of Argentinean legal system. I begin with a reference to the publications existing at the time when the ‘Revista’ was first published, and then go on to analyze its structure and content. In this sense, I deal with the judicial decisions reproduced and / or analyzed in the ‘Revista’ and their respective commentators, the scholarly writings, commented works, discussions, proposed reforms and the relations of the ‘Revista’ with other publications. I conclude with some final considerations.

Existential Buddhism: embracing life's uncertainties and finding meaning within

This study explores the profound questions surrounding the pursuit of Nirvana in Buddhism, examining whether it arises from the cycle of rebirth, present suffering, or future pain as depicted in early Buddhist scriptures. It also investigates the potential convergence of Buddhism with existentialism, a philosophy emphasizing individual experience, freedom, responsibility, and life’s inherent uncertainties. The primary inquiry examines whether Buddhism can harmonize with existentialist perspectives, which emphasize individuality amidst life’s enigmas. This research comprehensively investigates the reasons driving individuals in mainstream Buddhism to seek Nirvana, delving into their quest for liberation, and emphasizes the existential essence of Buddhism. Finally, It explores the plausibility of an alternative form of Buddhism that incorporates existential philosophy. Using a literature analysis approach with a thematic focus, this study critically examines the writings of prominent Buddhist scholars, existential philosophers, and researchers on the intersection of Buddhism and existentialism. The analysis reveals that Buddhists aspire for Nirvana to escape the cycle of suffering and find solace and serenity. Moreover, the juxtaposition of Buddhism and existentialism offers a fresh perspective, highlighting individual autonomy and choice in confronting life’s complexities, and providing an early Buddhist account of existential nature. By deepening the understanding of how mindfulness and meditation connect to core Buddhist principles, this research fosters more authentic engagement with Buddhist practices, enriching personal well-being. This research has vital implications for understanding the pursuit of meaning and liberation from suffering amidst life’s chaos, challenging conventional perceptions of Buddhism, and elucidating potential alignments with existential thought, inviting further research.

Legal Hermeneutics: A Standard and Parameters of Interpretation of the New Criminal Code

The purpose of this study is to investigate how standards and parameter for interpreting the Kitab Undang-Undang Hukum Pidana (KUHP) were developed. Public believes that the KUHP contains a number of contentious sections. This study is a type of qualitative research through library data. It is called library research because data regarding legal interpretation and the formation of standards and parameters are obtained from library materials. The text analysis method with a multidisciplinary, interdisciplinary, and transdisciplinary approach to science will be employed as the data analysis technique. In this study, authoritative and original data serve as the primary source, while supporting data from multiple sources serves as the secondary source. scholarly writings, news articles or official reports, commentary on the recently. This research finds that hermeneutics as legal interpretation serves as a bridge between law and moral ethics. There are 6 standards and parameters in the process of legal interpretation, namely text and legal context analysis, contextual interpretation, methodological interpretation, dialogue between the text and the interpreter, principles of justice and humanity, evaluation, and validity testing. Finally, the results of applying those standards and parameters in examining Pasal 2 ayat (2) KUHP regarding common law emphasize the importance of balancing respect for local wisdom and alignment with national legal principles.

Meaningful Results with Limited Resources: Evidence from a Program to Support Graduate Students’ Scholarly Writing

Although writing is an essential skill for graduate students (in and beyond their degree programs), limited programmatic support exists to help students develop mindsets and habits needed to become effective, scholarly writers. Furthermore, attrition rates are on the rise in the U.S., with many students dropping out at the “all but dissertation” stage. The timing of departure indicates writing may be a widespread issue warranting direct intervention. We developed a campus-wide, six-week learning community and certificate program intended to increase students’ self-efficacy in academic writing, using readings, reflection, and discussion among graduate students. Pilot results from 32 participants indicate that a noncredit-bearing, short course can have positive impacts on graduate students’ emotions about writing, their literature management approaches, awareness of the social context of writing, and their understanding of writing resources and academic voice. Potential exists for this low-budget model to be applied more broadly and thereby improve efforts to retain and support graduate students.

The Untold Symbolic Significance of African Cultures, the Case of the Bukusu Circumcision Ritual in Kenya

Most Africans cultures were observed and practiced within the confines of their moral values that carried coded meaning which required more attention to understand hidden symbolism contained therein. Among the Bukusu people of Western Kenya for instance, circumcision was perhaps a cultural routine that was practiced with strict observance of several stages and rituals that indirectly communicated important messages to the initiates and the society at large. Hence, this paper examines key stages that are involved in order to successfully complete a Bukusu circumcision ritual. Such phases contained unique features and moral values that have not been told in many academic and scholarly writings since the inception of African leadership after colonialism. For the success in this objective, the tenets of the structural functionalism approach were very relevant in the illustration of the significance of the ritual itself and its key components that are deeply embedded and enshrined in the doctrines that dictated the operations of this rite. The study heavily relied on primary data which was corroborated by the existing secondary date to generate findings contained in this paper. Much of the primary data was collected through Oral Interviews (abbreviated as O.I in the entire text) and also through extensive readings from the Kenya National Archives (abbreviated as KNA in the text).

Do Muslim Women Have Choices? Reading Leila Aboulela’s Minaret and Shelina Zahra Janmohamed’s Love in a Headscarf

Muslim women are often represented as lacking freedom of choice and agency in literary and media discourses. This supposed lack in native Muslim societies is thought to be redeemed by Western interventions by championing ideals of freedom, equality, and liberty. This assumption is problematic as it is governed by the thought that Muslim women are not “agentic” and need external forces to speak for them. It also prioritises the West as the superior other creating a vast gap between them and the rest. This may be seen as an effect of the Eurocentric or Neo-orientalist school of thought that strives at “othering” Muslims and Islam. These discourses include not only the writings of some eminent Western scholars in line with the Orientalist school of thought but Muslim writers as well. However, contrary to the majoritarian discourse, some writers debunk and subvert these stereotypes linked to Islam, offering an alternative picture of Muslims in a more nuanced way to challenge the didactics of Western superiority. To the latter scholarship belongs Sudanese-British writer Leila Aboulela and second-generation immigrant author of mixed descent Shelina Zahra Janmohamed whose writings offer a more nuanced version of Muslim women’s writing. This article assesses the engagement of freedom and agency in Aboulela’s novel Minaret (2005) and Janmohamed’s chick-lit memoir Love in a Headscarf (2009). Contrary to the prevalent discourses on Islam and Muslims these narratives posit a resistance to conforming to the Western modes of thought and conventions. This article articulates how immigrant Muslim women deny stereotypes regarding them through the choices they make.

Islamic Educational Philosophy's View of Humans

This research aims to analyse the nature of man, the purpose of life, and the role of man in learning based on Islamic philosophical perspectives. The research explores how these concepts shape an Islamic educational approach that emphasises the development of the individual as a whole, empowerment, and fulfilment of human potential to create a moral and ethical human being who can combine knowledge with noble behaviour. The research method uses a qualitative approach with library research. Data collection techniques involved in-depth analyses of relevant literature, including academic journals, philosophy books, and scholarly writings on Islamic education and the concept of man. The data were analysed descriptively to understand and interpret the philosophical concept in the context of Islamic education. In the Islamic view, the results showed that humans are noble creatures before Allah SWT, with perfect physiques and extraordinary potential compared to other creatures. Humans consist of both body and mind, making them unique and cannot be treated like fully controlled robots. This research asserts that human development in Islamic education should include both physical and spiritual aspects balanced, including morals, ethics, spirituality and science. With their potential, human beings should be directed to achieve perfection as obedient servants of Allah and become individuals who benefit society and the environment. Understanding human nature from an Islamic perspective is an important basis for designing an effective and holistic Islamic education curriculum and approach.

CUMULATIVE PROVOCATION IN DOMESTIC VIOLENCE AGAINST WOMEN: A COMPARATIVE ANALYSIS BETWEEN MALAYSIA AND ENGLAND AND WALES

Background and Purpose: In Malaysia, there is no specific defence for female victims of domestic violence who in the unfortunate event killed their abusive partners due to provocation. In this instance, they can raise the defence of provocation as expressly stated in Exception 1 to section 300 of the Penal Code (Exception 1). Since the defence was not formulated specifically in the context of domestic violence, the application of the defence may not be able to appreciate the uniqueness of female victims of domestic violence. One notable issue is that of cumulative provocation. Exception 1 is silent as to the legal status of cumulative provocation. However, there have been cases where the accused raised cumulative provocation as a defence against the offence of murder. The research therefore, aims to analyse the legal position of cumulative provocation in Malaysia. Methodology: This research employed a doctrinal legal research approach, conducting a thorough analysis of relevant laws, including the Penal Code (Act 574), Homicide Act 1957 (HA 1957), and the Coroners and Justice Act 2009 (CJA 2009). In addition to statutory analysis, an examination of case law was undertaken to gain insights into the court’s interpretation of the legal status of cumulative provocation. Furthermore, scholarly writings in this field were examined to provide a thorough understanding of the subject. Findings: The decisions of the Federal Court’s cases of Che Omar bin Che Akhir v Public Prosecutor [2007] 4 MLJ 309 and Public Prosecutor v Surbir Gole [2017] 2 CLJ 621 show that cumulative provocation does not fall under Exception 1. This might lead the court to look only at the events that took place immediately before the killing as a single act. This can lead to a perception that the accused’s response, including female victims of domestic violence to provocation is not sufficiently grave. Hence, it is proposed that the cumulative provocation is given statutory recognition under Exception 1 which allows the circumstances of the accused to be taken into account by the court in deciding the defence of provocation. Contributions: This research contributes to the corpus of legal knowledge on cumulative provocation in domestic violence against women within the legal framework of the criminal justice system. Keywords: Provocation, murder, cumulative provocation, defence & penal code. Cite as: Mohd Safri M. N., Ramalinggam, R., Rohaida, N., Abang Ikhbal, A. B., Nur Hafidah, A. K., & Ashran, I. (2024). Cumulative provocation in domestic violence against women: A comparative analysis between Malaysia and England and Wales. Journal of Nusantara Studies, 9(2), 318-339. http://dx.doi.org/10.24200/jonus.vol9iss2pp318-339

Toward a holistic hermeneutic and preaching in a divided world

Preachers’ finding a hermeneutical and practical bridge in preaching could bring evangelicals and progressives together for productive discussion. After a brief survey on the history of biblical interpretation, highlighting trends that have led to today’s divisions in interpretive approaches among Christians, I engage with the writings of contemporary scholars and principles of Aristotelian rhetoric. Then, a reflection on Luke 18:35–43 facilitates a theological and hermeneutical dialogue using the insights of both theological spectrums and leads to two practical hermeneutical suggestions for holistic preaching: using literary criticism to read and interpret the focal text with an eye to the “bigger” picture and applying reader-response interpretation to bring in the theological perspectives of those in the community.

Decolonising intercultural theology and research: What role for cultural outsiders?

This article addresses some reasons and requirements for intercultural theologising as boundary-crossing interaction to be decolonised and hold decolonising potential itself. Decolonialism being concerned with both those in ‘marginalised’ and in ‘privileged’ positions, this article focusses on some of the latter’s challenges, responsibilities and opportunities. Grounding the argument in writings of scholars from disciplines like linguistics, cultural anthropology, decolonial studies and various strands of theology both from the Global South and the Global West, epistemological motivators for a decolonising theology will be sketched in the first step. The second step involves a consideration of an appropriate methodology called ‘chosen vulnerability’. Central to it would be the learning and using of vernacular languages in order to move towards cross-cultural understanding from emic perspectives. In step three, an attempt at implementing such will be portrayed that was a core component of a recently completed interdisciplinary PhD project. Based on contextual learning of isiXhosa, several church-related concepts in English and isiXhosa were investigated and compared in a subsidiary study. The findings are used to illustrate how chosen vulnerability can enable humble contributions to decolonising theologies. This is achieved through emic approaches and perspectivism.Intradisciplinary and/or interdisciplinary implications: This article raises awareness for sometimes hidden epistemic inequalities and suggests ways in which those in relative cultural-linguistic power can reduce the imbalance. This is of relevance primarily to intercultural theology. In turn, such insights from intercultural theology can benefit academic research in cross-cultural contexts in general.

HADITS DHA’IF DAN HUKUM MENGAMALKANNYA

This study aims to analyze and review the use of dha’if (weak) hadith in Islamic law, considering the significant differences of opinion among scholars. Hadith is the second primary source of Islamic law after the Quran and plays a crucial role in explaining the Quran. However, dha’if hadith often becomes a subject of debate regarding its validity and application in Islamic jurisprudence. The majority of hadith scholars and jurists have differing views on the use of dha’if hadith, with some scholars completely prohibiting it and others allowing it under certain conditions.This research employs a qualitative approach with a descriptive-analytical method. Primary data includes dha’if hadiths found in major hadith collections, opinions of scholars on dha’if hadith, and statements from key figures in the fields of hadith and fiqh. Secondary data consists of supporting literature such as books, journals, scholarly articles, and writings of classical and contemporary scholars. Data collection techniques involve literature review and interviews with experts in hadith and fiqh.Data is analyzed using descriptive-analytical techniques, involving the categorization of hadith based on their degree of weakness, analysis of scholars' views on the use of dha’if hadith, and interpretation of data to construct a strong argument regarding the legal use of dha’if hadith. Data validation is conducted through source and method triangulation to ensure the accuracy and reliability of the research findings.

Exploring the Impact of Scholarly Writing on Professional Development and Reflective Practices Among Vietnamese Tertiary EFL Teachers: A Qualitative Inquiry

This qualitative study investigates the perceptions of Vietnamese tertiary English as a Foreign Language (EFL) teachers on the role of writing scientific journal articles in their professional development and its contribution to their reflective teaching practices. Nine EFL teachers from two Vietnamese tertiary institutions, representing novice, mid-career, and near-end career stages, participated in semi-structured interviews. Thematic analysis was employed to interpret the data, grounded in reflective practice theory and situated learning theory. The findings reveal that teachers across all career stages perceive scholarly writing as a crucial component of their professional growth. Novice teachers viewed it as a reflective tool for self-discovery and skill enhancement, mid-career teachers as a means for consolidating experiences and contributing to the field, and near-end teachers as an avenue for mentorship and legacy building. Additionally, the study found that scholarly writing significantly fosters reflective teaching practices, enhancing self-reflection, pedagogical innovation, and mentoring across different career stages. The study highlights the multifaceted role of scholarly writing in professional development and reflective practices of EFL teachers. It underscores the need for tailored support for scholarly writing at various stages of a teaching career, emphasizing its value not only in academic contribution but also in enhancing teaching quality. The findings suggest that engagement in scholarly writing is a powerful catalyst for professional and pedagogical growth among EFL teachers, particularly in the evolving educational context of Vietnam.

Unlocking Peer Review: Elevating Scholarly Writing and Research Competence in Urology Residency.

It is incumbent upon training programs to set the foundation for evidence-based practices and to create opportunities for trainees to develop into academic leaders. As dedicated resident research time and funding have declined in recent years, residency programs and the field at large will need to create new ways to incorporate scholarly activity into residency curricula. Literature across specialties demonstrates barriers to resident involvement including lack of time, cost, and absent scholarly mentorship. Peer review stands as a ready-made solution that can be formalized into a collaborative relationship with journals. A formal relationship between professional societies, academic journals, and residencies can facilitate the use of peer review as a teaching tool for residency programs.

Himpunan Hadith Akhir Zaman Yang Pertama: Nu`Aym Bin Ḥammād Al-Marwazī (M. 228H) dan Kitab Al-Fitan wa al-Malāḥim

Nu`aym bin Ḥammād is one of the famous scholars who made important contributions in hadith and Islamic belief. His book al-Fitan wa al-Malāḥim is considered the earliest work on great calamities before the end times. However, Nu`aym and his book have been criticized by previous and current hadith scholars. This study was conducted with the aim of studying Nu`aym's character and the position of his book al-Fitan. In order to achieve this goal, a qualitative method is used by analyzing the content that were found in scholarly writings about Nu`aym and the position of his book al-Fitan. This study shows that Nu`aym is a ṣadūq hadith narrator but makes many mistakes. His firmness in opposing the Jahmiyyah group caused him to die in government custody. As for his book, there are several political slanders and natural phenomena that prompted him to write this book al-Fitan. However, hadith scholars stated that this book contains many hadiths that are not reliable, and people must be careful when referring to them.

Preface: Scholarly Writing as a Spiritual and Reflexive Practice

Preface: Scholarly Writing as a Spiritual and Reflexive Practice

Maqāṣid Al-Sunnah Dalam Kerangka Maqāṣid Al-Sharīʿah: Analisis Konseptual

Al-Ghazālī (d. 505 H) in his work Iḥyā ʿUlūm al-Dīn is among the earliest figures to mention the concept of Maqāṣid al-Sunnah using the term Maqāṣid al-Nubuwwah. He employs this term in elucidating the objectives behind the legislation of female circumcision, as suggested in the Hadith of Prophet Muhammad (SAW). However, it raises questions as this term has not received significant attention from classical and contemporary scholars. This is attributed to the overshadowing of the term Maqāṣid al-Sunnah by discussions on Maqāṣid al-Sharīʿah, which has garnered widespread attention among both classical and contemporary scholars. The question arises: is Maqāṣid al-Sunnah a distinct and entirely new field separate from Maqāṣid al-Sharīʿah, or is it a subset within the discourse of Maqāṣid al-Sunnah? Hence, this study centers on integrating Maqāṣid al-Sunnah within the framework of Maqāṣid al-Sharīʿah, asserting that the Hadith of Prophet Muhammad (SAW) serves as the cornerstone in shaping Maqāṣid al-Sharīʿah itself. Additionally, this study will examine the writings of classical and contemporary scholars in their use of the term Maqāṣid al-Sunnah and the contexts in which it is employed. The study employs a methodology involving the documentation of classical and contemporary works and academic articles. Furthermore, a content analysis of the gathered materials will be conducted to ensure comprehensive results. In conclusion, this study finds that Maqāṣid al-Sunnah is not a separate term or field distinct from Maqāṣid al-Sharīʿah; rather, it constitutes a crucial component within Maqāṣid al-Sharīʿah. Moreover, the study determines that Maqāṣid al-Sunnah is focused solely on the objectives of a legal ruling derived from the Hadith of Prophet Muhammad (SAW), referred to as al-Maṣāliḥ al-Muʿtabarah, and does not encompass al-Maṣāliḥ al-Mursalah within the discourse of Maqāṣid al-Sharīʿah.

Unveiling the Fundamentals of Scholarly Writing: A Comprehensive Examination

Unveiling the Fundamentals of Scholarly Writing: A Comprehensive Examination

Sejarah Pemikiran Ekonomi Islam: Aktivitas dan Etika Perdagangan pada Masa Rasulullah

Islamic Economic History thought has the potential to become a bridge between earlier and later times, reshaping the latter to counteract the emergence of Islam and transform economics into a distinct academic discipline. Concerning the economic issues.The writings of early fiqh scholars teaching the Qur'an regarding existing economic problems were few and specific. This rope can be seen in the writings of early fiqh scholars teaching the Qur'an. The Qur'an mostly provides guidelines and prohibits the use of logic.This is what encouraged the emergence of virtuous scholars who work to organize committees to address new legal issues and develop legal logic (ushûl al-Fiqh) that can be applied to various segments of society.In addressing several issues, including economics, the scholars emphasize the Qur'an and the Sunnah of Prophet Muhammad as authoritative sources, along with various misdeeds committed by the followers of the prophet who arrived secretly. However, if they do not understand the legal implications in these summaries, they will apply analogies (qiyâs) and other derivation procedures to apply Sharia to new situations. Whenever a day passes, a number of fiqh mazhabs appear.

Witchcraft in the American Colonies Beyond the Limits of Salem

In the United States, witchcraft has become synonymous with Salem. When it comes to the history of witchcraft in the United States the conversation tends to be dominated by Salem, as the words witchcraft and Salem seem to have become synonymous. What is also well known is that the Salem Witch Trials led to the deaths of so many and the imprisonment of dozens more. However, fears of witchcraft and witch hunts and trials have occurred all over the world. There is documentation of witches and persecution of people thought to be witches on every continent that people inhabit. In the last few decades, as the subject of women's history has flourished there has been an abundance of research done on the topic of witchcraft and its impacts in the American colonies. However, a majority of this research and the scholarly writings have focused on the Salem Witch Trials. While this has drawn more of the general population into the topic, there is still far more research that is needed on the other witch trials that occurred in the American colonies. Salem has a well-publicized and understood history when it comes to witchcraft and trials, but there are many trials that preceded and followed those that occurred in the Massachusetts Bay Colony.

Islamic Literacy and Scholarship in African Languages: The Case of Hausa in West Africa

Language is the main instrument in the wider spread and documentation of Islam and Islamic history in Africa and beyond. Historical development and rapid spread of Islam in African societies were historically accredited to African languages. The historic contact of the first Muslim generations with the Ethiopian emperor opens up the gate for the socio-linguistic development of translating Islamic dogma and messages into African languages. The Hausa factor in West African Islam is well noted in the writings of the early Muslim scholars. African linguistics contributions enhance the converts' literacy and develop a strong community of scholars of the highest historical relevance in the history of Islam in the African context. Africa is the home of about 2000 languages, Nigeria is with more than 556 languages, having Hausa leading the race with about 150 million speakers was rated as number 11 out of 7500 languages in the modern world as of 2022. Interestingly, about 85% of the Hausa native speakers are Muslims and about 69 percent of the Nigerian Muslim scholars are either Hausa natives or hausanized through Islamic activities in Hausaland. Thus, the spread of Islam in Africa was the handwork of African languages and not by the sword as alleged by the observers. My contact with Muslim scholars of various regions in Hausaland justified that, the technique of identification and naming Arabic alphabets are the same across the regions. In addition, the Ajami writing styles are the same. Hundreds of books and manuscripts are of the same orthography. These gave me the courage to investigate how it helps Islamic scholarship in the West African regions. This paper aims to study the role of Hausa Muslim scholars in the translation, naming, and adaptation of the 28 Arabic alphabets into the Hausa language which led to the innovation of Hausa Ajami writing and subsequent development of scholarship in the Hausaland. The paper would critically look into the Hausa-Arabic battle of alphabets treatment and the role of mother tongue in Islamic scholarship activities in West Africa Islam, with special emphasis on Hausa-speaking communities of West Africa.