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DOAJ Open Access 2025
The Relationship Between the Role of General Will in Modern Law and Islamic State Law in Imam Khomeini’s Jurisprudential-Political Thought

Seyed Ehsan Rafiei Alavi, Hamid Maddahzadeh

One of the theoretical and practical challenges between the modern legal system and the legal system of the Islamic state is the relationship between fiqh (Islamic jurisprudence; henceforth, simply as “jurisprudence”) and law. In the Islamic state, jurisprudence is considered the primary source of legislation, whereas in modern legal systems, law is primarily derived from the element of the "general will." This fundamental difference has led to questions regarding the compatibility or incompatibility of these two legislative models. The main issue of this research is to examine the position of "general will" in modern law and compare it with the position of this concept in the law of the Islamic state as conceived by Imam Khomeini. This research pursues two main objectives: 1) To explain the position of "general will" in the modern legal system and analyze its relation to law based on jurisprudence. 2) To examine the views of Imam Khomeini, the architect of the Islamic Republic of Iran, in order to clarify how jurisprudence and law interact within the framework of the Islamic state. This research was conducted using an analytical-descriptive method and based on library resources. In this regard, the theoretical foundations of the "general will" in modern law were first examined, and then, through the analysis of Imam Khomeini's views, the position of this concept in the law of the Islamic state was explained. The findings of the research can be summarized as follows: 1) In the modern legal system, law is defined as the manifestation of the general will, and its legitimacy is dependent on the will of the majority of society. This perspective is rooted in the ideas of the social contract, which sees law as a human-made and changeable construct. 2) In Imam Khomeini's jurisprudential-legal system, although law must align with the principles of Islamic sharia, the role of the people in legislation is not overlooked. He emphasized the theory of "Wilāyat al-Faqīh" (Guardianship of the Jurisprudent), asserting that the legitimacy of government requires popular acceptance, but the content of laws must be within the framework of Islamic rulings. In other words, the "general will" is understood within the framework of divine law, not independently of it. According to Article 56 of the Constitution of the Islamic Republic of Iran, the sovereignty of the people exists within the sovereignty of God, and, conversely, it can be said that Islam sets the limits for the republican aspect of the system. 3) The interaction between jurisprudence and law in Imam Khomeini’s thought demonstrates that jurisprudence can respond to the evolving needs of society by utilizing ijtihad (juridical reasoning) while maintaining the fixed principles of Islam. This is particularly evident in Imam Khomeini's ijtihad-based model and his special attention to the role of time and place in ijtihad. According to Imam Khomeini, the form of government depends on the temporal and spatial requirements determined by the people, but its content must be based on Islamic laws and rulings. This perspective offers a way to reduce the apparent conflicts between jurisprudence and modern law. This research shows that, although the foundations of the legitimacy of law differ in the modern system and the Islamic state, Imam Khomeini’s thought does not entirely dismiss the role of the people in the Islamic government. Rather, it is defined within the framework of Sharia. This finding can help reduce the theoretical challenges between the two legal systems and prevent potential misinterpretations of the relationship between religion and law in the Islamic Republic.

Political science
DOAJ Open Access 2025
Analisis Hukum Islam terhadap Putusan Hakim tentang Perceraian Campur Tangan Orang Tua di Pengadilan Agama Belopa

Muhammad Rafly Irawan Irawan, Hamzah K, Anita Marwing et al.

The aim of this research is to analyze using Islamic law the judge's decision regarding parental intervention in divorce at the Belopa Religious Court. The rise of divorce is because a third person who interferes in the marriage turns out to not only be an affair of one of the partners but it turns out that parents can also be that third party. by Where the party should be the first mediator in resolving household cases. The method used is qualitative with primary and secondary data sources. Data collection techniques include documentation, interviews and observation. The results of the research found that there were of the 436 cases there were several cases divorce in the Belopa Religious Court which were caused by parental interference. The judge's decision on a divorce case is made using the standard of Marriage Law Number 1 of 1974 as amended by Law Number 16 of 2019. And looking at the advantages and disadvantages, if the aspects to be united but there are more disadvantages then the judge decides to carry out a divorce, because don't let something that has a bigger impact emerge if they are put back together. On the other hand, if the benefit is greater then the judge will carry out mediation first and not decide whether there will be a divorce. Keywords: Parental Interference, Divorce, Judge's Decision

By religion, Religion (General)
DOAJ Open Access 2025
Reconciling Religious Freedom and Educational Rights in South African Schools: A Constitutional and Legal Analysis

Tshilidzi Knowles Khangala , Katlego Arnold Mashego

The intersection between religious freedom and educational entitlement is still a debated matter in South Africa, notably regarding Muslim pupils who desire to wear headscarves (hijabs) within state schools. The purpose of this study was to examine the legal framework governing these rights. Through a qualitative, desktop-based methodology, this study focused on constitutional provisions, statutory law, and judicial precedents. It argues that to prohibit any religious attire in schools constitutes unfair discrimination and violates both the right to freedom of religion and the right to basic education. Through a detailed analysis of relevant case law, including MEC for Education: Kwazulu-Natal v Pillay and Federation of Governing Bodies for South African Schools (FEDSAS) v MEC for Education, Gauteng, this paper undoubtedly shows that South African law mandates reasonable accommodation for religious practices in schools. The article duly concludes that educational institutions must fully respect cultural and religious diversity whilst upholding learners’ constitutional rights. By dealing with this gap, South Africa can fully respect the rights of everyone as enshrined in the constitution, in particular, the right to religion and education.

Christianity, The Bible
DOAJ Open Access 2025
Examining the role of self-conscious emotions and perfectionistic self-presentation in workplace bullying among Korean nurses: a cross-sectional study

Sun Joo Jang, Haeyoung Lee, Sophia J. Chung

Abstract Background There is a lack of systematic evaluations of the diversity and effectiveness of interventions to prevent workplace bullying. This cross-sectional study aimed to investigate the relationships among self-conscious emotions, perfectionistic self-presentation, and workplace bullying, focusing on both victim and perpetrator roles among nurses in South Korea. Methods Data from 522 nurses working in tertiary hospitals in South Korea were analyzed. Self-conscious emotions, perfectionistic self-presentation, and workplace bullying were assessed using the Test of Self-conscious Affect version 3 Short, the Perfectionistic Self-Presentation and Psychological Distress Scale, the Negative Acts Questionnaire-Revised, and the Negative Acts Questionnaire-Revised-Perpetrator. Results Among victims, shame-proneness was the most significant factor, followed by anti-bullying training, subjective health status, externalization, current working unit, and total years of experience. Among perpetrators, shame-proneness was also the most significant factor, followed by guilt-proneness, anti-bullying training, externalization, perfectionistic self-presentation, current working unit, detachment/unconcern, subjective health status, and religion. Conclusions While the influencing factors differed between victims and perpetrators, self-conscious emotions and perfectionistic self-presentation were key contributors to workplace bullying. Understanding these factors can support the development of interventions to prevent workplace bullying from both victim and perpetrator aspects. Trait-focused interventions, such as enhancing shame resilience, may help nurses manage aggressive behaviors, thereby reducing workplace bullying. Recognizing personality traits, including self-conscious emotions and perfectionistic self-presentation, may help nurses better understand their own and others’ behaviors in the workplace. Nurse managers and administrators should consider these traits when addressing conflicts among nurses. Clinical trial number Not applicable.

DOAJ Open Access 2024
Soul, quantum structure and brain: Biological-physical aspects and theology

Pavlović Dragan M., Đurđević Darko M.

Religion teaches about the soul as the essence of human being, but modern neuroscience and physics are getting closer to this concept in their research. The soul is immortal by grace. From the Orthodox Christian point of view, the highest level of development of the human soul is the discovery and direction of the soul towards God. At the base of all physics lies the principle of action from which all the basic laws of physics are derived, and the utmost form of this principle would correspond to biological behavior. Living organisms would behave as a consequence of causally determined quantum processes. The PenroseHameroff model considers the "soul" as a quantum computer that exists in the material world while the human individual is alive, but after biological death continues life in the fine quantum structure of the created world. The process of decoherence, which occurs when a quantum object comes into contact with the environment, takes part in the suppression of quantum effects on the macroplane. The Penrose-Hameroff model assumes that tubulins are the quantum units in microtubule quantum computers. Derandomization (in the sense of order), as opposed to entropy (in the sense of disorder) is an essential prerequisite of life. Derandomization (orderliness) is enabled by enformy. The necessity of introducing a "third" basic principle into the theory of "everything" reflects the unsustainability of an exclusively materialistic approach. They could say that both science and religion talk about the same phenomena, known in different ways, with different terminology but the same essence.

History (General) and history of Europe, Social sciences (General)
DOAJ Open Access 2024
Characteristics of higher education students who reported sexual violence: a Nigerian national study

Adesola Adenike Ogunfowokan, Patience Edoho Samson-Akpan, Olujide Arije et al.

Abstract Background Sexual violence among higher education students is a global public health problem. Identifying the characteristics of students who report victimization can serve as basis for programmes that target vulnerable students. Methods The study was conducted among 30,114 Nigerian higher education students. They were selected from 18 institutions comprising universities, polytechnics, and colleges of education. The purpose of the study was to assess the characteristics of students who reported sexual violence (rape, attempted rape and sexual harassment) and to determine the association between reporting and their characteristics. Results Our findings showed that 37% of the students reported experiencing sexual violence. Regression analysis showed that the odds of reporting among female students were two times greater than that of the male students (CI = 1.58–1.78; P < 0.001). The students who were traditionalists (aOR = 2.65, p < 0.001) or from other religious groups (aOR = 3.28, p < 0.001) had higher odds of reporting than those who were Christians. All the age groups represented in the study had significantly higher odds of reporting except those between 25 and 29 years (aOR = 1.03; p = 0.616). Non-final year students had significantly 7% lower odds of reporting (p = 0.037) than the first-year students. The students in the arts and humanities-related programmes significantly had higher odds of reporting than those in the science-related programs (aOR = 1.08; p = 0043). In addition, polytechnic and colleges of education students were two times more likely to report sexual violence than university students (p < 0.001). Also, the students from other regions were two times more likely to report sexual violence than those from Southwest region. Conclusion The study concluded that sexual violence reporting by higher education students differ by their types of schools, sex, religion, level of education and geographical location.

Public aspects of medicine
DOAJ Open Access 2024
Kant’s philosophical modesty. Towards a typology of philosophical theology

Andrey Sudakov

Kant’s doctrine of religion has been repeatedly accused from different perspectives of having committed a rationalistic reduction of religious faith to a «faith of reason», or of claims to reinterpret by means of reason the body of beliefs of a revealed religion. The article investigates the Königsberg philosopher’s ideas concerning the boundary strip between philosophical and biblical theology as well as the criterion of an illegal trespass of this borderline. Only the philosopher’s claim to complement, modify or reinterpret of the dogmatic tenets of a historical religion, by means of reason alone, or to review the practical targeting of the dogmatic doctrines of a church, i.e. an «engagement in theology», proves to be, according to Kant, such a criterion; by contrast, an interpretation of church dogmatics which is devoid of any creedal claims does not imply an illegitimate reinterpretation of dogmatics. Contrarily, a criticism of Kant for such a reinterpretation, or even a mere presumption of its possibility in principle, does itself imply, as a matter of fact, a trespass of borderlines as determinated by Kant, a kind of hermeneutical dumbness of such criticism, its incapacity to accept its opponent in its specific intellectual quality. Such a dumbness may be caused by the difference in conceptions about the possibility and the essence of rational philosophical theology in doctrines of religion developed from an irrationalist, a speculative metaphysical and a moral-practical perspective, the first of which was intrinsically foreign to Kant’s mind, the second had been overcome by him in the result of the Copernican turn, and only the third made up the core of his own critical philosophy of religion. On this third position of philosophical theology comprehensive cognition of «God’s own properties» is held to be unattainable for human beings, and yet is everything knowable in the field of faith and theology acknowledged to be a product of practical reason. The limitation upon the claims of «theory» provides such a philosophical theology with genuine philosophical modesty, while its affirmation of ethico-theology as the only possible basis of rational doctrine of religion allows it to display a genuine awareness of the philosophy’s dignity as a science of reason. F.K.Forberg’s and Leo Tolstoy’s philosophies of religion, in spite of their superficial resemblance with the ethico-theological project, do not distinguish themselves at the least with that kind of philosophical modesty, digressing in two different ways from the science of reason towards a tcommon sense theory and providing an opportunity for critique of established religion from the perspective of the latter.

Religion (General)
DOAJ Open Access 2024
Modeling the relationship between the moral charter derived from Islamic teachings and performance with the mediating variable of employees' perception

leila jahantigh, Abbas Babaeenezhad, Mohsen Zayandehroudi et al.

AbstractThe purpose of this research is to model the relationship between the moral code derived from Islamic teachings and performance with the mediating variable of employees' perception. The current research is applicable in terms of purpose, and survey type in terms of nature and method. The statistical population of the present study includes the employees of Sistan and Baluchistan province as many as 48011 thousand people. The collection tool in the current research includes the organizational equality perception questionnaire by Astron (2015). The reliability of the research was checked and confirmed using Cronbach's alpha criterion in SPSS software. AMOS software was used to fit the conceptual model of the research. The results of the exploratory analysis confirmed the mediating role of employees' perception in the effect of the moral charter derived from Islamic teachings on organizational performance. The results show that the code of ethics derived from Islamic teachings has a positive and significant effect on organizational performance (β=0.247, p-value<0.05), and the (partial) mediating role of employees' perception on the relationship between moral code derived from Islamic teachings and organizational performance was confirmed.Extended abstractIntroductionProfessional ethics is one of the fields that have a close relationship with value and belief bases. Man is the fundamental factor of movement and transformation in the organization/department, and attention to this important and strategic factor in the work environment and activities will lead to a series of growth and excellence. Therefore, professional ethics will play an important role in this field with regard to the solutions to improve intra-organizational communication (Mehdizadeh Rostam et al, 2020). Based on this, professional ethics can be seen as the supervisor's behavior and attitude towards other workers within the organization and even with people outside the organization (Hebenstreit et al, 2018). In the 1990s, a wave of voluntary corporate codes emerged, activated by efforts to improve reputation and avoidance of companies from scandals and unethical scandals (Kaptein, 2004). Lack of commitment to ethical and Islamic principles has a positive effect on the initiation, facilitation and expansion of administrative corruption (Morre, 2008). One of the most common employee problems and issues that the management is widely faced with is dishonesty and fraud at work. Research shows that 90% of employees are dismissed due to theft and 88% of them are dismissed due to lying. These cases show the deepening of work ethic norms within organizations (Javadin & Jalilian, 2021). For the proper movement of any organization, it needs to understand and manage the ethical and professional attitude of its employees (Yaqoubi et al, 2020). In Islamic societies, morals and religious values ​​are considered as an essential part of people's culture and identity. Examining the effect of the code of ethics on the performance of employees based on Islamic teachings helps to gain a better understanding of the impact of religious values ​​on individual and organizational behavior and performance, and defines the performance of employees as a standard of progress, overtime, reward, punishment, revision and salary changes. This research seeks to answer the question: "What is the relationship between the code of ethics derived from Islamic teachings and organizational performance, and does the employees' perception of this code of ethics play a role in this relationship?"Theoretical FrameworkCode of ethics in IslamIslam is the last and most complete heavenly religion that addresses all aspects of human life (Fayaz, Mehrabani, 2016). Institutions and business organizations are more inclined to acknowledge consequential ethics than statutory ethics, and the reason is partly due to the persuasive arguments of Adam Smith, the Scottish political economist and moral philosopher. He believed that the personal benefit of a human kind is the providence of God, not the will of the state. Smith presented the fourth philosophy of natural liberty, which represents the classical argument for open market competition and free trade. In this framework, people should be allowed to pursue work that is of personal and economic benefit to them, and the natural efficiency of the labor market serves the improvement of society. Another part of those ideas is presented through spiritual ethics. Theories of ethical writing emphasize the character of the individual and the intention of the actor, as opposed to the character of the action itself or the consequences of the action. These theories emphasize the ethics of piety and are based on Aristotle's approach to character. Robert Solomon is one of the most famous proponents of this Aristotelian approach to business ethics. He favors theories of business ethics that focus on individuals within companies, so he emphasizes both corporate roles and personal piety. The center of Aristotle's view for the inner character and piety of being a person on the behavior or actions of a person; so, a good person who has acted rightly through piety is a person with perfection, and eventually has good moral standards (Nelson et al, 2011).Kozáková et al, (2021) investigated factors affecting the prevalence of ethical codes: evidence from Slovakia. Their findings showed that first, companies with less ethical codes use general terms. When they want to specialize in ethical issues, the scope should be wider. Second, companies with fewer employees do not need extensive codes of conduct because of the clear rules that are directly known to the owners. In multinational companies, the communication of ethical rules is realized through ethical codes with specific objectives, because a direct way is impossible. Third, foreign-owned companies use different management approaches and therefore codes of ethics differ in terms of extent and content.Fallahi (2021) investigated a research entitled professional ethics in education and training centers, emphasizing the statement of the second step of the Islamic revolution. 5 categories of professional ethics; individual, social, training, education, education and training centers are important, as well as the values ​​of professional ethics will lead to self-improvement in the first degree, and in the second degree, to community building, and in the third degree, to civilization.Research methodologyThe current research is applicable in terms of purpose, and survey type in terms of nature and method. The statistical population of the present study includes the employees of Sistan and Baluchistan province in the number of 48011 thousand people, due to the large sample size, 384 employees in the cities of Zabul, Zahedan and Khash were considered as sample, using the Morgan Karjesi table. The collection tool in the current research includes the organizational equality perception questionnaire by Astron (2015).Research findingsSPSS and AMOS software were used to analyze the data. The results of the exploratory analysis confirmed the mediating role of employees' perception in the effect of the moral charter derived from Islamic teachings on organizational performance. The results show that the code of ethics derived from Islamic teachings has a positive and significant effect on organizational performance (β=0.247, p-value<0.05), and the (partial) mediating role of employees' perception on the relationship between moral code derived from Islamic teachings and organizational performance was confirmed.ConclusionThe current research was conducted with the aim of modeling the relationship between the moral code derived from Islamic teachings and performance with the mediating variable of employees' perception. The results of this research are in agreement with the research results of Kozáková et al, (2021), Fallahi (2021), Mehdizadeh Rostam et al, (2020), Yaghubi et al, (2020), Rezaei Kilidbari et al, (2020), Atak & S1k (2019), and Sagheb Esmaeelpour et al, (2019). (Sagheb Esmaeelpour et al, 2019) conducted a research on mentioned topic. The results showed that there is a significant positive relationship between work ethic and its dimensions with the job performance of employees. Considering the direct relationship between work ethics and job performance, it can be said that the promotion of employees' work ethics is associated with the increase of employees' performance; therefore, it is suggested to improve the status of work ethics and job performance of employees. More attention should be paid to work ethics in various dimensions of cognitive programs and organizational learning so as to increase the performance and active participation of employees in organizational affairs and to fulfill individual responsibilities; and the managers of universities and subordinate centers should pay serious attention to the various ethical dimensions of administrative therapy employees in order to increase the level of their employees' job performance and try to improve the moral level of employees by holding training workshops, forming problem solving teams and encouraging their employees.According to the results of the research, the following suggestions are presented:According to the Islamic teachings, the moral charter can become a program to transform the global threat into a global opportunity for the advancement of human culture and the excellence of human life. With the rich culture of Islam and the useful experiences of the ancient Iranian civilization, Iranian business organizations can play an important role in promoting global ethics in business; the Islamic code of ethics makes organizations better deal with economic, political and cultural crisis; ethical organizations in Islamic business insist on respecting the rights of employees in addition to the rights of customers, and based on their rights, they begin to formulate their ethical duties. Finally, it helps the organizational personnel to achieve organizational goals by simplifying their work with greater effectiveness.

DOAJ Open Access 2024
Kantian anthropology in Russian Christology: the case of Ioann Petropavlovsky

Artem Malyshev

The article is devoted to the discussion of the late 19th century between the priest Ioann Petropavlovsky and the famous archbishop Savva (Tikhomirov) on the problem of the moral perfections of Christ according to His human nature. The published academic lecture by Petropavlovsky "Jesus Christ is the God-Man", its criticism in the "Diary" of Savva (Tikhomirov), Petropavlovsky's response to criticism and response to the discussion by protopresbyter Ioann Yanyshev are analyzed. According to Petropavlovsky, who acted for reasons of proving the divinity of Christ, the Savior, during His earthly life, struggled with the instincts of His humanity, what was an important moment on the path of His free acquisition of His moral perfections. Thus, Christ can be an effective example for us to follow. Savva (Tikhomirov) considered this position to be contrary to the teaching of the Church, while Yanyshev supported ideas of Petropavlovsky. I examine the genesis of this problem about the nature of the moral perfections of Christ in Russian theology, which is rooted in the theology of st. Innokenty of Kherson. The latter, accepting the Kantian setting of practical philosophy – freedom of choice between good and evil is the possibility of moral development – was the first in the history of Russian theological thought to put forward the hypothesis that Christ could have sinned during His earthly life, but did not sin. The hypothesis made sense as a response to Kant's subtle criticism of traditional Christology, put forward by him in his work "Religion within the Limits of Reason Alone". Along with the consideration of these problems, the article attempts to clarify the genesis of the moral-apologetic logic used by Petropavlovsky to prove the divinity of Christ. At the end of the article, Petropavlovsky's theses are considered on the subject of their self-contradictions and examined in the context of patristic theology.

Religion (General)
DOAJ Open Access 2022
Polytheism Tendency in the Trend of Integration of the Three Major Religions: Worship of Silkworm Deity Art of Medieval China

Fei Ju

A silkworm deity was a Trade God worshipped by the court and the folk, and was also a spiritual symbol of sericulturists in medieval China. Images of the silkworm deity in ancient Chinese art are important relics of material heritage for studying culture and ritual activities in medieval China. This paper investigates images of silkworm worship from the Han Dynasty to the Yuan Dynasty to distinguish between their use by the court and the folk. This paper explores the gradual personification of the silkworm deity in medieval China, as well as the differences in the identity of the silkworm deity connected to the varying status of worshipers and the functions of the silkworm deity. It is proposed that silkworm deity worship is evidence of a tendency toward polytheism, and has a variety of identities and unified functions under the trend of continuous integration of three major religions and folk religion. The worship of the silkworm deity has the characteristics of hybridity, integrated and patriarchal, as well as the social edification and practical functionality caused by the different mentality of official and folk silkworm deity worship in medieval China.

Religions. Mythology. Rationalism

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