Al-Ahkam Ad-Dauliyah (International Law)
Al-ahkam ad-dauliyah can be defined as inter-state law or international law, namely all forms of grammar rules or theories about the system of international law and the legal relations between nations. Ad-Dauliyah merupakah shape the nature of the ad-Daula, which means the state or other matters relating to the state. Contemporary Islamic legal theory to introduce the conception of al-ad-dauliyah ahkam in two parts, namely al-ahkam ad-dauliyah al-ammah (international law relating to the macro issues) and al-ahkam ad-dauliyah al-khassah (law - law on micro issues or international private law).
In the beginning, the Islamic system introduced only one unitary political power, which is under the authority of the Prophet Muhammad's message and then grew into empire. In this system, the international world is separated into three groups kenegaraa, namely:
a. dar al-salam, the Muslim countries or countries that established on the basis and to fight for the application of Islamic law in all areas of life.
b. dar al-harbi (darul harbi), ie non-Islamic countries whose presence threatens the Islamic state power and hostile to the citizens who embraced Islam.
c. dar al-sulh, ie non-Islamic countries to make friends with the Islamic countries and their existence is to protect its citizens who converted to Islam.
Between dar al-salam and dar al-sulh have the same perception of the boundaries of their sovereignty, for mutual respect and even to establish cooperation with the international world. Both conventions are also bound not to attack each other and for peaceful coexistence. Meanwhile the relationship between dar al-salam and the dar al-harbi always seemed marked by a black history. Each always take into account the possibility of open conflict militarily or culturally latent conflict. Nevertheless, Islam is believed to have laid the foundation for not being in the position war initiators. War in this case is to defend yourself or as a countermeasure. History also notes that "winning" means to strengthen and expand the power. And vice versa "losing" means weakening, narrowing and even menagakhiri power. War opponents in order to deal with the legal recognition of Islamic law, which is included in the category of jihad. Although jihad in the form of war is justified in Islam, in addition to limited justification in self-defense and retaliation, are also limited in order to conquer (crippling power) opponent, not to destroy (the massacre and hostility). Therefore, those who surrendered, prisoners, women and children, people with disabilities, places of worship, and facilities and economic infrastructure of the people in general should be guarded and protected.
The next Islamic political power have changed, not only recognizes a single system of empire, but has acknowledged the diversity of perceptions about the Caliphate. It also gives recognition of the autonomy of the states and the emirates of the empire from Andalusia to Southeast Asia.
After almost the entire territory of the Islamic world fell under the rule of the imperialist nations of Europe, the ideas of modernization in the Western imperialists take it slowly but surely affects thought and Muslim political conception of the state and the international community in general. These conditions forced the Islamic world's statesmen to adjust the perspective of the Islamic world and the international world of domination of Western ideas were. Conception of the state is no longer centered on the postulates of religious differences or similarities are shared, but the shift to the ideological postulates influenced by the ideas of the world about democracy and socialism.
Apart from these developments, parts of which are considered important in the context of the general framework of the law between social classes, nations, and countries, which are considered to reflect the mind of the Islamic world, among others, is the principle of sovereignty. This principle is upheld on the basis of a bond's aspirations to pursue the application of Islamic law in the state and society, or at least every religion, especially Muslims, shielded to run freely Islamic Shari'a.
Each sovereign state has the right to regulate their own country and defend themselves from threats in stabititas from atauintervensi other nations. Every law concerning conflicts of interest between nations must be resolved in a fair manner based on the legal validity of internationally agreed and not contrary to Islamic law. Each state also has the right to establish security cooperation, economic, professional, science, and technology transfer on the basis of the benefit according to the measures that can be justified by syara '(Islamic law).
In the context of the people, all people who embrace Islam in various countries are brothers. Meanwhile, in a global context, every human in the world has a right and a fundamental responsibility to improve the standard of living and to devote his life to the nation, state, and religion in a world park intact and unified.
0 comments:
Post a Comment