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New Social Compact

Law in societies: Encounters vs. Anarchy

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In this essay I will discuss the purpose of law in society but before I go further law refers to the system of rules that a particular country or community recognizes as regulating the actions of its members and may enforce by the imposition of penalties.

Some human beings can be aptly described as weak willed animals. They are easily influenced by the slightest sight or sniff of power and money. This originates from insatiable greed. Greed that can sometimes make even the iron willed loses their head. How many stories have we heard since our childhood where many “heroes” lost their way to the path of glory by being trapped by greed?

Our one aim in life has always been to find balance and serenity in our lives. A utopian society envisages a vision where people govern themselves. People trust each other blindly. They achieve happiness. People set their goals, lead disciplined lives and achieve anything they set their sights on They are able to live their lives to the fullest and all the time feeling secure about it.

However the vision, unfortunately, exists in an ideal world which frankly is almost the opposite of today’s real world. Our realistic society is heterogeneous mixture of all kinds of people, people who look to disturb the balance of the natural society. It is here that law plays a very important role in restoring that delicate balance back to the society and making the lives of the people living together cohesive. It is here that law helps to maintain the morality of the people as individuals as well as the society as a whole.

World without Let us imagine a world without any law to punish the wrong doer. Let us assume that the society has till now lived an honest life without any kind of betrayal. Suppose a person, in greed, steals a valuable item from his neighbor’s house. He isn’t punished but everyone knows what he has done. Some naive person, probably a youngster witnesses this and is tempted to steal because he knows there are no repercussions. This develops into a never-ending chain endangering the very foundations of the society.

Another example might be a survival situation. A group of people are stranded on an island with twenty days of food and water. They know that a rescue team will reach them on the twenty first day. They carefully divide the food such that they get the necessary nourishments by the time they are rescued. A person, out of greed for more, sneaks quietly and consumes two days of food meant for the whole group. When the group discovers what has happened they confront the person who cunningly reasons with the group that there was no rule or law which forbade eating more. As the group consisted of educated men and women, both young and old, they knew his reasoning was correct and they could not do anything to get the food back. As a result, they starved for two whole days during which a few old people fell ill and could not make it.

Law is essential and many do ask why and how but Law is essential in the society and it is there to guide the society towards happiness without bloodshed and in peace and harmony. Law helps us to restrain ourselves in times of great thirst for more money or power. It curbs our greed reminding us that there is someone or rather something out there ready to punish us if necessary. It helps to restore the balance in the society and bring justice to the victimized. The greatest thing about law is that all are equal before it. No man is rich or poor in the eyes of the law. No man is more powerful than the other in the eyes of the law. Law helps to regulate the behavior of the people. It prevents us from descending into anarchy.

Law is dynamic. It is constantly adapting to the changing times so as to close all the loopholes that may be left due to human error. Our Preamble states the ideals of justice liberty sovereignty fraternity and equality which constitute the basic foundation of Our Constitution. However, without law these ideals will be constantly shattered. There will be nothing to protect these ideals.

In a world where ‘survival of the fittest’ is prevalent, and looking at the size of human population we can say only one thing. Law is needed for survival. We cannot go against each other as it will definitely lead to destruction. Law plants an element of fear which may prevents in killing of fellow human being. It gives each one his or her own share, what they deserve.

Laws tell us what to expect as consequences as a result of our actions. It makes us look before we leap. It is there to protect and to destroy. It restricts people who get carried away due to the freedom given to them by the absence of law if this is the case. They know one abuse of the law will affect them economically, mentally and physically. Some exceptions may be found but this is applicable for the majority.

In addition the natural law which can be refers to Mother Nature herself which follows many rules and laws which help in the sustainability of this world and the life which flourishes on it in abundance. Every living organism, from the tiny unicellular amoeba to the biggest animal the blue whale follows a set of laws to survive.

Let us take the examples of honey bees. They follow the orders of the queen bee and visit hundreds and thousands of flowers to carry the process of pollination which helps in reproduction of these plants. They have to follow a set of rules or laws which will help in this important process. If one of them breaks the law, they are ordered to leave the bee hive. They cannot join another hive nor can they return. It is as good as giving them a life sentence. This life-threatening situation helps to keep the honey bees in check and brings order into the hive.

Same can be said for the birds which migrate every winter or summer depending upon their pattern. They have to follow a set of rules or laws which will help them navigate their way. One abuse of these laws can lead to cases extreme to death.

When in the modern society our modern society has become quite educated and the main question that arises from them is that who has the authority to form these laws which imposes a restriction on their lives. They question and debate upon the authority that makes these laws and rightly so. Once they are satisfied with the authority they know that their lives are secure and they are free to concentrate on their aims and dreams in life. Law is there to attempt to balance the needs of individuals against the needs of the majority. We accept responsibilities, we renounce some of our freedoms (not kill others, not harm others, not steal from other members of the society) to receive in return the benefits of society (not being kill by others, not being harm by others, not being robbed by other members of the society).

Law helps in removal of social stigmas such as dowry and untouchability. For example, in some Constitutions, it talks about untouchability and even though it still exists today, the number of cases has comparatively gone down a lot. This is just one example that law can have in a society which is not perfect, a society where human beings fight, and abuse and kill their own species. This is how law helps in protection of the underprivileged.

Furthermore Law plays a significant role in producing successful societal functions around the world. Law helps regulate social behaviors, ultimately leading to society running efficiently. Without laws, society would have no ethical boundaries or standards, no rules or measures, nor any means of settling even the simplest disputes. Law helps keep the peace in society through governance and standards set forth by all voting citizens. All functions of law in society include peacekeeping, promoting personal freedom, regulating government power, promoting economic growth, promoting social justice, and protecting all of society and the environment. It is important to remember without laws to govern the actions of people in society, it is highly likely all social structure and commerce would collapse. If one can imagine what life would be like if every prisoner in the world were to be released back into society that would be about how unsafe and dysfunctional society would be without laws (Melvin, 2011).

Law and Society The function of law in a society is more or less universal. It acts as a deterrent to control the evil and treacherous behavior of humans, to maintain discipline and imposes restrictions on some freedom. We live in a chaotic and uncertain world. Without an orderly environment based on and backed by law, the normal activities of life would be lacerated with chaos. Law is a social norm, the infraction of which is sanctioned in treat or in fact by the application of physical force or by a party possessing the socially recognized privilege or so acting. It provides a society with order and predictability, resolving disputes, protecting individuals and property, providing for the general welfare and protecting individual liberties. Law and the predictability it provides cannot guarantee us a totally safe world, but it can create a climate in which people believe it is worthwhile to produce, venture fort, and to live for the morrow. It prevents the state of nature, which would be total anarchy had there been no laws. Societies today are more complex and interacting. Maintaining good order and discipline have far reaching implications on a society’s prosperity. Laws are in acted daily throughout different societies for the protection and security of individuals, property, businesses and states. It permits an orderly, peaceful process for dispute resolution and provides us with the programs to establish and enable corporately, what would be impossible, or at least prohibitive, to do as individuals. Laws should be designed to protect the individual personal and civil rights against those forces, which would curtail or restrict them. Some examples of this are freedom of speech, religion, the press, the right to a fair trial and the freedom from cruel and unusual punishment. In the United States the respect for the law is paramount and disobedience to the law.

In conclusion it can be implied by common sense that law helps us to survive as a society and it is convenient. Convenient is comfortable and humans look for comfort above all things apart from happiness. Also law helps in getting rid of the social barriers that exist in our society. Through law we survive yet thrive. Hence law is necessary in a society.

David Ceasar Wani Suliman is a Doctoral Fellow (Ph.D.) in the school of Political Science and Public Administration at Shandong University China, Majoring in International Politics. He worked as a Research assistant at Jilin University China; He Achieved Master’s degree in International Relations from Jilin University China, and correspondingly graduated with honors from Cavendish University Uganda with bachelor degree in international relations and diplomatic studies.

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New Social Compact

An Analysis on Marshall McLuhan’s concepts

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Marshall McLuhan is an important scholar who has made major contributions to communication discipline through introducing new concepts like “global village” and “medium is the message”. It can be said that ideas of McLuhan can be applied to new technologies and social media discussions today.

McLuhan introduced the idea of “medium is the message” in his book called Medium is the Message that was published in 1967. According to McLuhan, what is said by the message is not very significant. The media actors which can be regarded as the medium hold a more major influence on the masses than the message it presents.

The medium (or media in other terms) does not only have the role of being the carrier of the message but it is also the message that shapes people’s views and perceptions (McLuhan, 1967). McLuhan, based on the idea of “medium is the message” gave examples to support his claim in his book Understanding Media: The Extensions of Man published in 1964. According to McLuhan, the content of any medium is always another medium. For instance, the content of writing is speech; the written word is the content of print; and print can be seen as the content of the telegraph (McLuhan, 1964).

Another important concept coined by McLuhan is “global village”. This concept was introduced in the 1960s to say that mass media will spread all over the world and make the world become a global village (McLuhan, 1962). According to McLuhan, the electronic interdependence of today’s world produces a world in the sense of “global village”. The global village has been created by the instant electronic information movement according to McLuhan.

McLuhan believed in the usefulness of communication technologies. One of the most important emphases McLuhan made was about drawing attention with his findings about the global communication revolution. According to McLuhan, TV has been a critical invention that ensures that nothing remains a secret, and that eliminates privacy, and he believed that the change of societies is possible with the development of communication tools in various forms. McLuhan made one of the most important predictions of the 20th century. This was  the Internet.

In contemporary world, social media is used by millions of user all over the world. New technologies have turned the world into a “global village” Although McLuhan said almost 60 years ago, his ideas about media (medium is the message) and the “global village” concept are still relevant today.

References

  • McLuhan, M. (1962), The Gutenberg Galaxy: The making of typographic man.   London: Routledge.
  • McLuhan M. (1964), Understanding Media: The Extensions of Man by Marshall McLuhan, McGraw Hill
  • McLuhan, M. (1967). The Medium is the Massage: An Inventory of Effects.  London: Penguin Press.

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New Social Compact

Leaving no one behind with Fiqh for person with disability

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As I watch the new Netflix documentary, Crip Camp: A Disability Revolution produced by former President Barrack Obama and Michelle Obama, I realize thatthere is an urgent need for grassroot activism to support disability religious rights to pave the way towards greater equality. The movie highlights disabled summer campers who fight for the realization disability rights in 1970s, at the time when they were largely ignored by the state.

And does Indonesia need A Disability Revolution?

According to a study by Monash University, it is estimated that the disability prevalence rate in Indonesia is between 4% and 11%. There are several causes of disability, ranging from malnutrition, diseases, ageing population, natural disaster, and accident. Unfortunately, due to social stigma in the society against people with disability, the disability statistical figures may be underreported.

The Indonesian government has been actively involved in international convention by ratifying United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) in 2007 and issued the law no. 8 of 2016 on rights of persons with disabilities to comply with human rights standards. But, at the same time the law faces some stagnate situation regarding improved well-beings of people with disabilities because disability prejudices are still at the heart of this tension. 

For example, disabled children are less likely to attend formal education because of lacking inclusive schools. In public places, ramps and accessible information are not easily available. Zooming into the workforce, Indonesian 2010 census reported that only 26,4% people with severe disabilities were employed in formal sectors. This resulted in high rate of self-employment among people with severe disabilities. Many people with mental disability, such as bipolar disorder, have to conceal their condition for the fear of losing jobs.

A research found that discriminations against people with disabilities in developing countries, including Indonesia, caused a loss of up to 7% of Gross Domestic Product(imagine : what if a genius with severe disability like the late Professor Stephen Hawking had never been employed at university?).

Women with disabilities even suffered more from double prejudices, by their gender and their disabilities. What makes thing more difficult for disabled citizens is that, despite of some disabilities laws and ministerial decrees, they were poorly enforced. This explains the urgency of ending this discrimination from a social-economic developmental perspective.

As the largest Muslim majority country in the world, Fiqh (Islamic jurisdiction) for person with disability remains important to safeguard equal religious rights. As a non-disabled Muslim woman, being able to perform Islamic prayer (shalat) properly help me increase my mental wellbeing during this unprecedented time.

Unfortunately, there are still some Muslims who believe that disabilities are by-products of witchcrafts (sihr) or demons (syaitan) which can be healed only by involving spirits and enchanting some quranic verses. Further, in Islamic law per se, there is no specific term which can encompass all disabilities.

“Fiqh for person with disability is very important because the society has yet to accommodate special needs for people with disabilities in performing religious rituals. For example, how does Islam regulate the wudlu(ablution) taken by a man/woman without arms? Considering that Islamic law obligates that someone must wash one’s arm up to elbow during wudlu. And will the wheelchair be considered as najis(impure) inside the mosque?” said Mr. Bahrul Fuad, a disabled person and board member of AIDRAN (Australia-Indonesia Disability Research and Advocacy Network).

Mr. Ahmad Ma’ruf, the Disability Program Team Leader of Muhammadiyah, the second largest and most influential Islamic organization in Indonesia after Nadlatul Ulama (NU), even posed critical questions:“What if persons with hearing impairment wish to get married and say ijabqabul (Islamic marriage vows), will they use sign language? Because religious court has yet to regulate the sign language issue. And who has the authority to validate the sign language as “legally correct” in Islamic marriage?  What if a man with wheelchair wishes to be an imam (leader of a congregational prayer)? Is he allowed to do that, given the fact that many people still interpret explicitly the regulation that makmum (member of a congregational prayer) must follow movements of imam? What if there is no accessible ablution facility in a mosque? Should a person with disability performs tayamum (dried ablution)?”

To address this issue, NUand Muhammadiyah issued Fiqh for person with disability and raise awareness of the public concerning equality for disabled communities. NU even collaborated with the Ministry of Religious Affairs to disseminate the Fiqhto mosques nationwide.

Fiqh for person with disability will fulfil civil rights of disabled community comprehensively, ranging from ubudiyah(religious rituals),muamalah(interpersonal relation), to sahusiah(public policy). This Fiqh will also protect rights of disabled women, as the most marginalized group.

To ensure the smooth implementation of the Fiqh, the government, civil societies, disabled people organizations, religious leaders, and experts of Islamic law should collaborate for accountable monitoring and evaluation. Regular capacity buildings for judges, teachers, and village officials should also be organized.

Finally, political buy-in through Perda(regional regulation)and guidelines should be issued to strengthen government officials’ commitment to enforce the Fiqh. For example, the Special Province of Aceh under Syariah law have regularly issued qanun(regional regulations subjected to Islamic stipulations).

Historically speaking, during the Umayyad Caliph era in the 700s, the Caliph Al-Waleed ibn ‘Abdul Malik accommodated health treatment needs for his population with disabilities through the provision of health care clinics within all his jurisdictional provinces. This idea was emulated by Caliph Umar Bin Abdul Aziz who hired support services workers for people with disabilities. This initiative resulted in social and legal impacts worldwide, in which a broad array of laws on disabilities were enacted.

In making public policy for citizens with disabilities, the government of Indonesia should not paint disabilities situation with a broad brush. Rather, Fiqhfor persons with disabilities must be taken into consideration seriously. Otherwise, there will be far-reaching consequences on well-beings of people with disabilities in the long run.

This Fiqhis a beacon of hope for future generations, to leave no one behind.

As put forward by a member of Crip Camp: “If you don’t demand what you believe for yourself, you’re not gonna get it”.

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New Social Compact

Good Parenting Reduces the Divorce Rate

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Divorce is a very stressful event. Apart from having a bad impact on children, divorce has a major impact on the survival of the husband and wife who experience it. Divorced couples visit psychiatric clinics and hospitals more than couples from intact families. Divorced couples experience anxiety, depression, feelings of anger, feelings of incompetence, rejection, and loneliness.

In Indonesia, the divorce rate from year to year shows an increasing trend. The Ministry of Religious Affairs of the Republic of Indonesia reports that since 2015 until now there has been an increase in the divorce rate. In 2015 there were 394,246 cases, in 2016 it increased to 401,717 cases, then in 2017 it increased to 415,510 cases, as well as in 2018 it continued to increase to 444,358 cases, and by 2020, per August the number had reached 306,688 cases.

               The increase in the divorce rate from year to year has serious consequences in families. Conflict during the process of parental divorce and separation has a negative impact on the physical and psychological well-being of all family members. Quite a number of research results show that divorce has a negative effect on all family members, especially children. The results of Amato’s research in 2011 with a meta-analysis approach to 67 study results showed that children from divorced families had lower academic achievement, behavior, psychological adjustment, self-concept and social relations than children from intact families.

               Based on In the author’s empirical observation, the ending of marital status for a particular family also brings several social impacts, for example: narrowing social networks which results in a lack of social support, causes negative life experiences and psychological suffering, and causes economic hardship for women.

Thus rather than that, a marriage which basically originates from an agreement between two parties, so if there is a divorce, it is certain that both parties will suffer losses. Even children from marriages who divorce will share such losses. Then, what factors cause divorce? In my opinion, the substantial cause of divorce is the parenting concept of a married couple.

Good Parenting

               Parenting, generally known by the public as a pattern of parenting parents towards their children. This assumption is not completely wrong, but it must be straightened out that parenting is an ideal household conceptualization. Of course, you have to move from a husband and wife long before you have children. A husband and wife have had to discuss it long ago so that in various desired manifestations it can be carried out harmoniously together.

Parents (married couples), basically forming their children until they reach maturity will not be separated from the influence of their world. The mode of reflection on the relationship between parent and child is a complex activity that includes many specific attitudes and behaviors that work separately and collectively to influence the child’s outcome and the emotional bonds in which parental behavior is expressed.

In this case, parenting can be explained in terms of two components, namely parental responsiveness and parental demandness. Parents’ demands are the extent to which parents set guidelines for their children and how their discipline is based on these guidelines. Parental responsiveness is an emotional characteristic of parenting. Responsiveness continues to the extent to which parents support their children and meet the children’s needs. Both responsive and demanding parenting have been linked to securing attachment to children. Referring to Baumrind (1971), he identifies three parenting styles, namely: authoritative, authoritarian, and permissive with responsive and demanding concepts in mind.

Authoritative parentingis a condition of authoritative parents as a combination of demands and responsiveness. They make logical demands, set boundaries and demand children’s obedience, while at the same time, they are friendly, accept the child’s point of view, and encourage children’s participation in decision-making and often seek their children’s views in family considerations and decisions. This type of parent is then referred to as the type of parent who monitors and disciplines their children fairly, while being very supportive at the same time.

Authoritarian parenting, a demanding and unresponsive parental condition. They engage in little reciprocal interaction with children and expect them to accept adult demands without question. Strict socialization techniques (threads, commands, physical strength, love withdrawal) are used by parents who are authoritarian and withhold self-expression and independence. Authoritarian parents tend to set high standards and guidelines and require compliance. Authoritarian parents attribute love to success and not nurturing like the other two parenting styles.

Permissive parenting, consists of several clear and predictable rules due to inconstant follow-up and neglected bad behavior, neutral or positive affective tone. They give children a high degree of freedom and do not restrain their behavior unless physical injury involves. Permissive parenting shows an overly tolerant approach to socialization with responsive and non-demanding parenting behavior. These parents are nurturing and accepting, but at the same time they avoid imposing demands and controls on the child’s behavior. They have little or no hope for their children and often see their children as friends and have few boundaries.

Based on the three parenting models above that the author has reviewed and conducted a literature review, it is clear that the Good Parenting pattern that must be applied by a husband and wife is authoritative parenting. This concept implies a condition in which a positive influence on the realm of a child’s life until he grows up on the aspects of education and psychological well-being is formed.

A positive parent-child relationship illustrates that the family will survive in harmony so that it becomes the foundation of a healthy home and community environment. The influence of the parents on the whole life of the child means the influence from birth to adulthood due to the parents. Children spend most of their time at home and the attitudes, behavior, standard of living, and communication of parents with their children have a major impact on the child’s future life. If their parents are too strict or too obedient, it has a negative impact on their life. But the supportive, caring and flexible attitude of the parents results in a psychologically and mentally healthy child.

Parents (a married couple) should adopt an authoritative parenting style and practically apply it when dealing with their children. They are the backbone of a nation and the nation’s future depends on their psychosocial development. Healthy parents can produce healthy children in exchange for a healthy nation. On the other hand, unhealthy parents (husband and wife) will have a bad influence, a small example is divorce. And this is a burden for the nation.

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