여성의 역할과 권리에 대해 규정하는 것은 1979년 이슬람 혁명이 후 지금까지 이란에서 가장 논쟁적인 주제 중의 하나이다. 이것은 단순히 이론적인 논쟁을 넘어 마흐싸 아미니의 사망사건에서 볼 수 있듯이 여성들이 직면한 위기 상황과 관련된 매우 긴급한 이슈이다. 무슬림 여성과 관련된 제도들에 대한 비이슬람권의 지속적 비판과 달리 무슬림들은 이러한 제도들의 기원을 근거로 하여 실상은 그것들이 도리어 무함마드 시대에 여성들의 권리를 보호하기 위한 장치로 시작되 었음을 강조하고 있어 이 문제에 대한 무슬림들과 비 무슬림들 사이의 큰 시각적 차이를 보여주고 있다. 이러한 이해를 가지고 본 논문에서는 1979년 이슬람 혁명 전후의 이란의 정치, 사회적 상황에 대한 이해를 갖는 것을 첫 번째 과제로 삼는다. 이러한 사회 환경 속에서 변화를 겪은 여성의 지위와 권리 등에 대해 살펴보고, 이슬람 세계 속에 존재하 는 무슬림 양성 평등주의자들, 혹은 무슬림 페미니스트들의 관점에 근거하여 시대와 공간을 초월하여 강요되어 온 여성 억압적 관행들이 이슬람의 본래적 요소이기보다는 무함마드의 후계자들의 가부장적 세속적 가치에 기반하고 있음을 밝힌다.

Since the beginning of the seventh century, Islamic law has played an essential role in protecting the personal, economic, judicial, and political rights of civilians during armed conflict. Fourteen centuries before the Universal Declaration of Human Rights was drafted in 1948, it had already initiated a human revolution consisting of a set of human principles. In addition, Islamic law has made a significant contribution to international humanitarian law (IHL). This paper focuses on two specific legal constructs in warfare: the definition of the combatant and the principle of distinction. This article comparatively examines how these two laws deal with different aspects of war that fall under jus ad bellum, jus in bello, and jus post bellum. A comparative analysis of the various elements and aspects of just war theory in Islamic and contemporary international law provides a much deeper understanding of its limitations. We can safely conclude that there is a unique relationship between the Islamic law of war and IHL.

중국의 이슬람 종교교육기관은 경학원과 청진사 내에 설치된 경당이 있다. 현재 전국에 경학원은 총 10개가 있고, 경당의 경우는 구체적인 수치를 알 수 없으나, 중 국의 각 지역에 약 3만여 개의 청진사가 있으니, 그에 버금가는 숫자가 있을 것으로 추정된다. 문제는 경학원과 경당이 모두 이슬람 종교교역자를 양성하기 위한 교육기 관이지만 교육목표가 다르고, 그로 인해 문화적, 종교적 소양이 다른 종교인이 배출 된다는 점이다. 따라서 본 논문은 중국 이슬람교의 종교교역자 양성기관인 경당과 경학원 교육의 교과과정과 특징을 살펴보고, 종교중국화정책의 시행에 발맞추어 개 정된 일련의 판법들을 살펴봄으로써 앞으로 종교교육이 어떤 방향으로 변화할 것인 지를 짚어보고자 한다.

광채는 태생부터가 유럽시장의 수요에 부응하기 위해 생산된 자기이지만, 18세기 후반 이후 이슬람 세계로의 소비정황이 확인되고, 19세기에 이르면 본격적인 이슬람 시장으로의 수출이 이루어져 광채자기의 생산과 수출과정에 모종의 변화가 있었음을 짐작해 볼 수 있다. 18세기의 대표적 예로 무굴제국에 유입된 광채 식기세트가 있으나 소량에 불과하다. 이 는 아마도 당시 동인도회사가 중서무역에 절대적 우위를 선점하는 가운데, 영국 동인도회사 령의 무굴제국에서 아시아 간 역내무역 형태로 소량 주문되어 유입된 것으로 판단된다. 당시 아시아 역내무역의 주요 축이었던 인도 무굴제국과 중국과의 소규모 거래에 의한 것으로, 수 출된 광채자기의 장식이 유럽 도기에서 주로 사용된 ‘백색 위의 백색(Bianco Sopra Bianco)’ 기법이 상용된 것으로 보아 특정 계층을 위한 소량의 주문품으로 보인다. 다만 이 때 광주의 요업계 역시 동인도회사를 통한 유럽으로의 대규모의 수출에 집중되었기 때문에, 이슬람 세계는 핵심 시장이 아니었다. 그러다가 1840년대 광동의 일항 체제가 종식되면서, 광채의 수출에도 드디어 변화가 감지된다. 19세기의 중국 요업계는 주요 고객을 잃으면서 새로운 시장으로의 개척이 필요했 고, 광채 생산업계는 때마침 1840년대 난징조약에 의한 對중국의 자유무역이 활발해지면서 페르시아 카자르 왕조․이집트․오스만 제국 등 이슬람 세계에 의한 직접적 주문과 함께 이 슬람 세계로의 본격적 수출이 이루어 진 것으로 판단된다. 이슬람 세계로 적지 않은 수량이 수출되면서, 카자르 왕조에서 생산된 채회도기의 다수가 광채 양식을 그대로 답습하기도 하 였다. 즉 당시 이슬람 세계에서의 광채 수입은 상당한 수준에 이르렀음을 확인할 수 있다.

9/11 테러 이후 아랍계 글쓰기에서 전통 이슬람 정신과 무슬림의 모습을 강 조하고 있는 경향이 커지고 있다는 점이다. 이슬람 문학에 대한 선정적이고 부 정적인 이미지가 대중에 노출될 가능성이 보다 커지고 있다. 9/11 이후 이슬람 세계를 경계의 시각으로 바라보는 서구 현실에 이슬람계 작품이 왜곡된 이미지 로 나타나는 경향을 무시하기가 어려운 것이 사실이다. 테러에 의한 희생과 이 에 대응하는 무슬림들의 공감대가 슬쩍 빠지고, 왜곡된 역사 혹은 모순된 시각 이 9/11 관련 테러 역사 혹은 서구/중동이라는 일상의 정치 스펙트럼으로 이념 적인 침투가 가해질 소지가 많아지고 있다는 점이다. 이에 상응하듯이 오히려 이슬람 문학이 이슬람 본질로 회귀하는 현상이 주목된다.

The purpose of this quantitative research was to examine whether there were statistically significant differences in Islamic elementary public school teachers’ curriculum orientation and teaching conception across demographic variables of gender, age, and teaching experience. Data were collected through questionnaires from 65 Islamic elementary public school teachers. Data were analysed through Rasch analysis and tests of inferential statistics. The results of the data analysis show that, over all: 1) the teachers’ curriculum orientation tended to be “technological” and “academic” rather than “social reconstructionistic”; and 2) the teachers tended to conceptualize teaching as “apprenticeshipdevelopmental” and “knowledge transmission” rather than “nurturing” or “social reform”. Tests of inferential statistics revealed a significant difference between male and female teachers’ conception of teaching. A significant difference was also found in the teachers’ curriculum orientation across the demographic variable of teaching experience. No significant difference was found across the variable of age. Correlations were identified between the teachers’ curriculum orientation and teaching conception. The findings of this study provide evidence for policy makers, school leaders, researchers, parents, and teacher educators that the curriculum orientation and teaching conception of the majority of the teachers seems to be incompatible with the nature of character education that necessitates teachers to be “nurturing” and “social reconstructionistic”. In addition, evaluation and reorientation of paradigms and approaches in teacher education and educational objectives and further research are suggested.

First of all, the rise of Islamic science should be attributed to its inherent thirst for knowledge, and the internal demands by means of building external knowledge platform, which promoted Islamic science to glory. Secondly, translation movement of the Islamic civilization which combined reason with realism, made a good preparation for the research of the traditional mathematics and the experiment research of modern science. Finally, the medieval Islamic science began to discover the world and people, which became the important premise of the renaissance. Therefore, the Islamic science prepared an important channel for input and output of modern scientific knowledge, and became the hub and bridge thought ancient and modern science. Although in the fifteenth Century Islamic science declined gradually, it did provide the necessary soil for the growth of the tree of modern science. The golden age of Arabic Islamic culture came in theAbbsid Dynasty (750A.D.- 1258A.D.), when the capital city Baghdad was a flourishing international city and an academic city blending cultures from all over the world. It was a place that gathered diversified cultural models and religious thoughts. When the Arabic culture evolved, which used the Arabic as the major language, it absorbed the essences of many other cultures that greatly enriched the connotations of Arabic Islamic culture, stimulated the wisdom of the Arabic people and laid a foundation for the Abbsid Empire to create the wonderful cultural achievements in its latter part that had far-reaching influence. The medieval Islamic world, by absorbing and merging the other cultures and thanks to the strong financial support given by a few generations of caliphs to scientific researches for the sake of their own development, the Islamic science possessed the necessary elements for prosperity. Besides, the brilliant achievements made by Islamic civilization in the medieval age also helped lay a solid foundation for the modern scientific development. The thesis tries to identify the inherent correlations between the medieval Islamic thought of science and the modern thought of science.

Pacta sunt servanda - agreements must be obeyed - is a peremptory principle of modern international law of treaty. What are the origin and nature of this doctrine? Some say, its Latin wording indicates that it is of Roman origin. And this doctrine is a must for the social good; without it the society will be a chaos. But how does Islam perceive the notion? This paper finds that this doctrine came into being with the very beginning of the creation of human souls by Allaah Whom they accepted as their Sole Lord and made a commitment to follow His commands. And it is a principal tenet for Muslims to adhere to because it is an inseparable part of their faith (Iman), a command from their Lord and a practice (Sunnah) of their Prophet Muhammad (peace be upon him). It is, therefore, obligatory not merely because it is good for the society, but is also rooted in the teachings of Islamic doctrine and a Muslim’s accountability in the life hereafter.

Custom is a source of Islamic law in general and Siyar (Islamic international law) in particular. Islamic jurists have set out the elements and conditions of customs for general jurisprudential purpose. However, no one has, to the authors’knowledge, formulated them from Siyar perspective. This paper is an attempt to fill this gap by tracing two important elements of an international custom, namely frequent and dominant general practice of States, and acceptance of that practice as law. These two will constitute a valid custom provided they fulfill certain conditions, most importantly that the custom must not conflict with Shari’ah or the spirit of Shari’ ah.

What is an Islamic view of women’s rights? Is there an authentic Islamic interpretation of this issue? The central argument of this article is that there is no unique Islamic view of women’s rights and even more, that according to the very nature and spirit of Islamic law itself, there should be no such version. The article starts with an overview of states’ international obligations with regard to protection of women’s rights. It continues with some examples of implementation of these obligations in several states proclaiming Islam as official religion and source of legislation. This part of the article demonstrates diversity of views existing among such states and insists on the fact that it is not religion itself, but its misuse by patriarchal totalitarian regimes that impedes any development towards improvement of the situation of women in some Muslim states. Finally, the article suggests that international lawyers shall abandon sacralizing religiously framed defences of certain states and be in contrast more attentive and sensitive to difficulties faced by other Muslim states in their effort to reform and reinterpret Islamic law.

Islamic international law is a branch of the Shari’ah (Islamic law). Due to the classical doctrine of the notion of‘ Jihad,’there have been misconceptions and Islam has been painted as a religion encouraging violence and war. This paper appeals for the reconsideration of the classical doctrine, which was adopted at a time when there was a state of war between Islamic and non-Islamic states. Going back to the roots and referring to the Qur’an and the Sunnah: the two primary sources of Islamic law, the paper argues that Islam prohibits aggressive war and that the essence of‘ jihad’ is‘ self-defense.’After elaborating the essential conditions of the right of self-defense, the paper concludes that Islamic international law can contribute much to the present world order by providing moral and ethical values that modern international law is lacking.

NPF Islamic banking needs to be resolved because it affects banking performance in terms of income and the quality of its productive assets. This study aims to solve problems of non-performing financing and assess and analyze whether the implementation of the Islamic Humanity model can reduce the problem of financing at Bank Syariah Mandiri Indonesia. The study uses qualitative method with Miles and Huberman approach for analizing data through four steps which are; (a) data collection (b) data reduction (c) data display, and (d) conclusion drawing/ verification. The results of the study found non performing financing can be reduced with using a new approach namely the Islamic Humanity Approach, which is an interaction between several aspects, namely (a) spiritual aspects, (b) economic aspects, (c) social aspects, and (d) justice aspects. The Islamic humanity model carried out in problem-solving activities at Bank Syariah Mandiri Indonesia includes a friendly approach, communication and deliberation in a family, respect for people, empathy, the concept of justice, and the concept of prayer. Islamic humanity approach shows success in reducing non-performing financing. The research concluded Islamic humanity as a new approach to reduce non-performing financing at Bank Syariah Mandiri Indonesia and it can be implemented to all Islamic banking in Indonesia.

This study aims to determine the perceptions of Islamic Financial Cooperative (BMT) managers in the Indonesian BMT Association on the acceptance of core banking technology. The Technology Acceptance Model (TAM) is used because it has simple theoretical characteristics (parsimony) and is supported by data (verifiability). This study develops the TAM model by integrating new variables –perceptions of maqashid sharia, perceptions of economies of scale, perceptions of market structure, and perceptions of technology procurement costs. These new variables are used to measure intention in using technology and actual usage in BMT operations. This study used PLS-SEM with smartPLS 3. The study was conducted in Central Java in six ex-Residency at 35 BMT with 300 respondents consisting of six levels of position level. The research found that maqashid sharia and market structure directly influenced the intention of BMT managers in using core banking technology. This new finding strengthens a theoretical model regarding the role of maqashid sharia in the acceptance of information technology in BMT. In addition, the perception of economies of scale has no significant effect on intention in using technology or its actual usage. The perception variable of technology procurement costs was found to have no significant effect on intention in using technology.

The research objectives are to study the implementation of Islamic Corporate Social Responsibility (i-CSR) values in BMT UGT Sidogiri, an Islamic microfinance institution in Indonesia based on Islamic boarding school or pesantren. This research employed a post-positivist paradigm. Data observation was performed by conducting an in-depth interview with several informants. The data analysis utilized an interactive model technique. The research results showed that i-CSR was successfully implemented in the Islamic microfinance institution based on Islamic boarding school due to the mutual passion (convergence) with conventional CSR typologies. The convergence is in two ways, firstly managerial behavior that focuses on protecting company stakeholders, second, creating sustainable corporate values through effective and efficient business activities. The orientation is the creation of a social role based on justice and sustainable development. The convergence is mainly in the dimensions of economic, legal, ethical and philanthropic responsibilities. The Islamic values have enriched the implementation of i-CSR as the form of practicing the teachings of Islam and evidence of human servitude to God so that the behaviors become worthy of worship. The implementation of i-CSR focused on the Islamic teachings. Compliance to Islamic jurisprudence and apply it in business activities became a divergent element of conventional CSR concept.

This study investigates the impact of the country’s governance on the revenue efficiency of 108 Islamic banks from 26 countries offering Islamic banking and finance products services. The technical efficiencies of individual Islamic banks have been analyzed using the Data Envelopment Analysis method. The data will be pooled across the selected countries and utilize the intermediation approach. The Ordinary Least Square estimation method is employed to examine the impact of country supervision and regulation on the technical efficiency of Islamic banks. As robustness check, the study examines the impact of the level of bank regulations and supervision on the efficiency of Islamic banks operating in different income-level countries. The results found that the stricter the supervisory power, the less strict capital requirement, the tighter the restrictions on non-banking activities, and the stricter the private monitoring enhance statistically significantly the level of efficiency of Islamic banks. In upgrading the regulations and supervision of the Islamic banks, the existing regulatory framework based on the Basel Committee on Banking Supervision (BCBS) must be complemented with the prescriptions on Islamic banking or Shariah compliance diligently, so that the Islamic banks could be regulated accurately and further improve the technical efficiency of their operations.

The primary purpose of the study is to investigate the volatility spillovers from global economic policy uncertainty and macroeconomic factors to the Islamic stock market returns. The study focuses on the Islamic stock indices of emerging economies including Indonesia, Malaysia, and Turkey. The Macroeconomic factors are industrial production, consumer price index, exchange rate. EGARCH model is employed for investigation of volatility spillovers. The results show that the global economic policy uncertainty has a significant spillover effect only on the returns of Turkish Islamic stock index. Similarly, the shocks in macroeconomic factors have little influence on the volatility of Islamic indices returns. The volatility of Indonesian and the Turkish Islamic stock indices returns is not influenced from the fluctuations in macroeconomic factors. However, there is significant volatility spillover only from industrial production to the returns of Malaysian Islamic index. The results suggest that the Islamic stock markets are less likely to influence from the global economic policies and macroeconomic factors. The stability of Islamic stocks provide opportunity for diversification of portfolios, particularly in stressed market conditions. The major price factors of Islamic markets could be firms’ specific factors or investors’ behaviors. The findings are helpful for policy makers and investors in formulating policies and portfolios.

This study investigates the impact of the country’s governance on the revenue efficiency in the banking sectors of 42 Islamic banks in 15 countries offering Islamic banking and financial services. Technical efficiencies of individual Islamic banks were analyzed using the Data Envelopment Analysis method. The Ordinary Least Square estimation method is employed to examine the impact of country supervision and regulation on the technical efficiency of Islamic banks. With robustness check, the study assesses the impact of bank regulations and supervision on the efficiency of Islamic banks operating in different regions. The empirical findings suggest that supervisory power, activity restrictions, and private monitoring positively influence the efficiency of Islamic banks. On the other hand, we observe a negative impact of capital requirement on Middle East and North Africa (MENA) countries. The findings indicate that supervisory power, activity restrictions, and private monitoring positively influence the efficiency of Islamic banks in Asia, but vice versa on capital requirement in MENA countries. This study will contribute to the body of knowledge by assessing the types of reforms in bank regulations and supervision that work best for Islamic banks in order to increase the level of efficiency and the level of regulations and supervision of Islamic banks.