THE ATTACK OF TERRORIST ON DIPLOMATIC PERSONNEL: DUE TO THE STATUS OF DIPLOMATIC PERSONNEL AS SYMBOLIC FIGURE?

It has been approximately fifty to sixty years since the constitution of United Nation Charter on June 26th, 1945 that arouse the independence of new states. The emergence of the new-born states and the creations of many international institutions have become the primary reason why institution of diplomacy appear. 

The institution of diplomacy has always been regarded as of fundamental importance to the proper functioning of international relations. In spite of the overwhelming advances in technology, which have, in the last century, changed the whole landscape of international relations, state remains firm in its belief that the exchange of diplomatic representatives is critical to the methodology of inter-state relations. 

However, the progress of diplomatic relation between one state to another is not only considered as the result of overwhelming development of technology, but also by the interest of one state in another state that may give mutual benefit for one-another, or in the other term, by looking for what has been explained as “diplomatic representative for methodology” that can be defined as the way of a state to strengthen the relation between it and other states. This reason, create another rational reason why the existence of diplomatic relation is in rapid growth.

The activity of diplomatic relation will never be separated by its component, the diplomatic personnel, or latter called as diplomatic agent. Such individuals are defined in theVienna Convention on Diplomatic Relations 1961as the head of the mission or a member of the diplomatic staff of the mission, which latter category includes members of the staff of a diplomatic mission having diplomatic rank.According to Wilson, the category of diplomatic agents, as well as including “ambassadors, ministers and counselors”, would include the secretary to the mission (although member of administrative and technical staff), attaches, and part-time diplomats, such as legal advisers, insofar as they are “performing diplomatic functions as a principal, and not an incidental part of their duties”. However, the concept of diplomatic agent covers a broader range of individuals than merely diplomatic agents. 

Diplomatic agent: Right of Privilege and Right of Protection

In May 2006, the International Law Commission (ILC) adopted the articles on diplomatic protection by United Nations.These article largely codify existing customary law on the protection of nationals abroad by means of diplomatic protection. Diplomatic protection is premised on a fiction: the injury to an individual is treated as if it constituted an injury to the individual’s national state, thereby entitling the national state to espouse the claim.  The legal fiction  is clearly stated in Article 4 United Nations charter in 2006 as the protection of individuals:

“For the purposes of diplomatic protection of a natural person, a state of nationality means a state whose nationality that person has acquired, in accordance with the law of that state, by birth, descent, naturalization, succession, of States or in any other manner, not inconsistent with international law.”

Article 3 of the Vienna Convention in 1961 about Diplomatic Relation lists, as one of the functions of a diplomatic mission:

“protecting in the receiving state the interests of the sending state and its nationals, within the limits permitted by international law”.

Article 29 of the Vienna Convention about Diplomatic Relation in 1961:

“The person of a diplomatic agent shall be inviolable. He shall not be liable to any form of arrest or detention. The receiving state shall treat him with due respect and shall take all appropriate steps to prevent any attack on his person, freedom or dignity.”

It will be recalled that the provisions of Article 29 apply directly to “members of the family of the diplomatic agent forming part of his household”, and to “members of administrative and technical staff of the mission, together with members of their families forming part of their respective householder”. 

In addition, Vienna Convention was considered as a progressive convention ever made and was rapidly used as the primary sources of diplomatic and consular law as between states. 

Diplomatic agent on the Perspective of Terrorists: Symbolic Figure?

The individuals who work as diplomatic agents, as those who are explained and whose some of the rights of protection have been told above, will automatically become symbol of each state concerning the interests and needs of the state they represent for. This condition creates possibility of the attack on the individuals who work as the diplomatic agent. 

The attack by terrorist is impossible to happen without reasons, then, what kind of reasons is used by the terrorist to attack diplomatic agents?

Diplomatic agent, as the symbolic figure of state, will automatically take care of the interests, political views and needs of the state. By this reasons, it is reliable to say that the more contradict the policies with the terrorist are, the more dangerous the situation of the diplomatic agents of the state will be.

According to figures provided by the US Department of State, a staggering 2.345 terrorist incidents have been directed against diplomats or diplomatic establishments since 1980.The statistics behind this stark figure reveal that diplomats and diplomatic establishment have, in fact, been less and less frequently targeted by terrorist organizations in recent year. 

Although the United States was the primary target of terrorist attacks on diplomatic premises at this time, it is clear that the problem was not unique to the United States. In the years following the publication of the Inman Report  in 1985, it was said that a number of significant bombings of other states’ embassy premises occurred around the world. These included, most notably, the bombing of the Israeli Embassy in Buenos Aires, Argentina which resulted in 29 death and 242 injuries, and the attack on the Egyptian Embassy in Islamabad, Pakistan which killed 16 persons and injured 60. 

In the aftermath of the tragedy of American Embassy bombing in Beirut, a review of “the security problems that confront the United States in continuing to do diplomatic business overseas as well as in providing adequate reciprocal protection for foreigners stationed or visiting the United States on diplomatic business” was made by the United States government. 

Terrorists, the more they widened their range of targets, fewer attacks have been perpetrated on diplomatic personnel. According to Inman, the only problem for American officials abroad was terrorism:

“The assaults have become bloodier and the casualty toll higher. The fabric of international consensus has been strained as rogue states have entered the conflict, waging undeclared war by sponsoring and supporting terrorism against the diplomats of nations whose policies they oppose. In sum, what we have seen in recent years is an expansion of the threat from physical violence against diplomat – often private, incidental, even furtive – to the beginnings of calculated terror campaigns, psychological conflict waged by nation or sub-group against nation, with an ever broadening range of targets, weapons, and tactics.” 

Terrorism is really uneasy to be placed in coherent framework. In national legal orders, a great variety of solutions can be found concerning the repression of terrorism. Furthermore it must be remember that terrorist crimes may present some element of trans-nationality, antecedent,  concomitant,  or successive  to their consummation. In such cases a need for international co-operation arises and the situation is likely to become extremely complicated. It is known that inter-state cooperation meets peculiar problems in the criminal field, especially when politically sensitive matters are at stake. 

Given this background, in the absence of a comprehensive strategy, for a long time the interest of the international community in defining mechanism of co-operation aimed at improving the repression of terrorism generated nothing but selective and random interventions (the so-called piecemeal approach). This is particularly evident at the universal level: the UN and some specialized or related agencies adopted some conventions which dealt with specific aspect of the phenomenon, but did not solve the problem regarding the need to punish any terrorist activities.  The problem is not only stuck on the so-called not-visionary conventions, but also thank to what persons (or even institutions) presume about terrorist. It is, slowly but necessarily must be avoided, create ‘immature’ description about what terrorism is.

The immature description of terrorism, seems become an absolute notion that there is no correlation between the needs to keep sovereignty of state from terrorism, and more likely the needs to keep individuals (society) from insecure condition.

Let’s return to the perspective of the unknown description of crime called as terrorism that has been explained above and the relation between the unclear ‘line’ and category of terrorism with what had happened with the diplomatic personnel (or agent). while the writer tried to make analogical thinking on his own, the reason why there is still happening what the writer call as terrorism in diplomatic relation around the world (with the latest case was the bombing of Indonesia’s Embassy in France), was because the still-failure conventions from many international organizations.

As what Di Filippo said, since the regulations or conventions of international organizations are only covering ‘what terrorism is’ with no further prevention or any preventive action on anything categorized as the ‘symptom’ of terrorism, it creates ambiguity for defining what terrorism is. And different ways between states to secure their territory from terrorism, cause Diplomatic personnel to be a ‘sitting duck’ for terrorists. Since terrorism is not kind of natural disasters that can not be prevented, one of the ways to prevent diplomatic insecurity caused by the attack of the terrorist on diplomatic personnel is, according to the writers, by creating not only new regulations explaining further definitions and further progressive prevention (like Vienna Convention in 1961 and 1963 that could cover beyond what had happened at that time), but also strict sanctions for any state that could not protect the diplomatic personnel from another state.

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Polygamy

Definition of Polygamy

            The word polygamy is etymologically derived from the Greek, from the word Polus means many and gamos which means marriage. From those combination words, then polygamy would mean "a marriage more than one person". Marriage system that a man having more than one wife at the same time or a woman having more than one husband at the same time basically called polygamy.

            Definition of polygamy according to the Indonesian language is "bond of marriage in which one party owns or married more than one person from the opposite sex in the same time or Polygamy is customary a man married more than a woman".

            According to Islamic law, polygamy or ta'addud al-zaujat defined as the permissibility of marrying women who liked, two, three, or four if you can be fair. As contained in Surah An-Nisa verse 3. The term polygamy in fiqh (according Jumhur Ulama) is limited to four women.

Polygamy In Several Nations Before Islam

            Syed Ameer Ali in his book The Spirit of Islam states that the system of polygamy is widespread and applies to some of the nation before Islam. At certain stages of social development, polygamy is a matter that can not be circumvented. Frequent wars between tribes caused many casualties, reducing the number of men and the increasing number of women, and the absolute power of tribe chiefs, marked the beginning of a habit of polygamy. Among the few nations that apply polygamy is ancient Western nations, Hindus and Israel.

            In ancient Western nations, polygamy was considered as a habit because it had done by the kings who symbolized divinity, so that people take it as a sacred act. The Hindus do polygamy generally since ancient times. Furthermore, the ancient Medes, Babylonians, Assyrians and Persians have no restriction on the number of women that married by a man. A high caste Brahmana even in this modern age may marry as many women as he likes. Among the Israelites, polygamy has been running since before the Prophet Moses who later became the custom followed without any limit to the number of women that married by a man. Moreover, Talmud in Jerussalem limit the amount of the women according to the ability of the husband to maintain their well. Although the Rabbis urge to not have more than four wives, the Karaite not recognize restrictions.

Polygamy in Islam

            Islam allows polygamy with a limited number of women and does not require the followers perform absolute monogamy; with the understanding of a man married a woman should only be under the circumstances and any situation and not indiscriminately whether the man is rich or poor, or hiperseks hiposeks, fair or unfair in physically. Islam basically adopting a monogamous, but giving an exception to do polygamy in limited of the amount of the women. In principle, a man has only one wife and instead of a wife just had a husband. But Islam does not deny directly the habit of the man that married more than one woman which had become a custom. Islam does not reject the possibility of certain male do polygamy, but not all of man can do so because they must have the ability to polygamy. Polygamy in Islam is restricted to certain conditions both the maximum and the other requirements such as:

1. The maximum number of wives in polygamy is four women. If there is one of them dead or divorce, the husband may seek the other woman as long as the amount does not exceed four women at the same time. (QS An-Nisa verse 3).

2. The man must justice to his wives and children, involving the physical needs such as time, maintenance and the other matters relating to the physical needs. While the spiritual needs certainly can not possibly do justice.

            Islam allows men polygamy implement some alternative or solution to the distribution of the sexual needs of men or other causes that interfere with inner calmness in order not to fall into the valley of adultery and prostitution are clearly forbidden by religion. Therefore, the purpose of polygamy in Islam is to avoid the husband does not fall into the abyss Islam prohibited adultery by looking for a halal way which may take another or polygamy to be fair condition.

            Islam permits polygamy basic principal is the word of Allah in the Qur'an Surat an-Nisa verse three. This verse is a continuation of maintaining the orphan, who then mentioned about the ability to have more than one to four. Because of the close relationship orphan care and take more than one to four in this paragraph, it shall first briefly described the origins of the decline of this paragraph. According to Aisha RA interpretation, this verse was revealed because the answer Urwah bin Zubeir, son Asma 'sister Aisha, which is how the origin of people allowed to have more than one to four on the grounds nurture orphans. Then Aisha replied:

            "O my nephew, this verse about the orphan girl in the custody of his guardian taste, which has been mixed with the boy's treasure treasure guardian. The trustees are interested in wealth and beauty, he wanted to marry her by not paying a proper dowry. He did not give a dowry to her but modest, then such dilaranglah, and disuruhlah to marry another woman either as much as two, three or four ".

            The ability to marry another woman even though up to four is to avoid persecution and ill-treatment of children orphaned cheat; than mengahadpi difficulties in managing the orphan's property, may be even up to four wives, provided that may be fair to those wives. But if it will also be difficult because it is difficult to do justice to multiple wives, one wife is enough.

Terms fair in a polygamy is because generally men who have earned the young wife, the wife's parents just left or abandoned. This is to remind all times to men who carry out polygamy.

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Some Agreements in International Relation

A.    Universal Declaration of Human Rights

The Universal Declaration of Human Rights (UDHR) is a declaration adopted by the United Nations General of Assembly on 10 December 1948 at Palais de Chaillot, Paris. The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled. It consists of 30 articles which have been elaborated in subsequent international treaties, regional human rights instruments, national constitutions and laws. The International Bill of Human Rights consists of the Universal Declaration of Human Rights, the International Convenant on Economic, Social and Cultural Rights, and the International Convenan on Civil and Political Rights and its two Optional Protocols. In 1966 the General Assembly adopted the two detailed Covenants, which complete the International Bill of Human Rights; and in 1976, after the Covenants had been ratified by a sufficient number of individual nations, the Bill took on the force of international law.

B.     International Convenant on Civil and Political Rights

The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976. It commits its parties to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. As of March 2012, the Covenant had 74 signatories and 167 parties.

The ICCPR is part of the International Bill of Human Rights, along with the International Convenant on Economic, Social and Cultural Rights (ICESCR) and the Universal Declaration of Human Rights (UDHR).

The ICCPR is monitored by the Human Rights Committee (a separate body to the Human Rights Council), which reviews regular reports of States parties on how the rights are being implemented. States must report initially one year after acceding to the Covenant and then whenever the Committee requests (usually every four years). The Committee normally meets in Geneva and normally holds three sessions per year.

C.     Cairo Declaration on Human Rights in Islam

The Cairo Declaration on Human Rights in Islam (CDHRI) is a declaration of the member states of the Organization of the Islamic Conference. It was adopted in Cairo in 1990, which provides an overview on the Islamic perspective on human rights, and affirms Islamic Shari’ah as its sole source. CDHRI declares its purpose to be "general guidance for Member States of the OIC in the Field of human rights". This declaration is usually seen as an Islamic response to the post World War II United Nations’ Universal Declaration of Human Rights (UDHR) of 1948.

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My Opinion about the “The Innocent of Moslem”

In my opinion, the movie “The Innocent of Moslem” which controversial is a way from Western to discredit Islam. Started since 2001, case about September 9 at the World Trade Center (WTC). Through the film, it shows the fear of Western towards the development of Moslem. Since 2001, many things that affect the lives of Western countries especially the United States. The fear of western nations against Islam is like two sides of a coin. The first to encourage citizens of the United States who wants to know about Islam and learn to be closer to Islam, or blame Islam is bad religion.

During this time, the process of vilifying Islam had begun by made caricatures of The Prophet Muhammad until made the movie "The Innocent of Moslem". In terms of cultural communication, this makes Moslems need to work hard to create a double standard facing Western insults. Because for the West, it responded quickly, this ordinary expression of ordinary people.

As the largest Moslem majority state, can be started from Indonesia. How are the ways to be a connector, to tells that the insult was wrong, respond it with another way of communication, do not reply with violence.

During this time, the United States (U.S.) always connecting Islam with terrorism. In fact, terrorists in Indonesia is not from Moslem background, but there are elements of economic inequality in it.

How Indonesia has a strategic role. Islam is not just Arabs. Show that Islam is a way of life, indeed in Indonesia can not be separated with the Islamic terrorist issues, but there is also an economic problem background.

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COMPARISON BETWEEN ANCIENT EGYPT CIVILIZATION WITH ISLAMIC CIVILIZATION IN RELIGIOUS ASPECT

Ancient Egypt Civilization

            Ancient Egypt was an ancient civilization in northeastern Africa. This civilization was centered along the mid to of the Nile River which reached its power at about the 2nd century BC, during the period known as the New Kingdom. The region covered area of ​​the Nile Delta in the north, to the Jebel Barkal at the Fourth Cataract Nile. At some particular time, Egypt civilization extended to the southern Levant, Eastern Desert, Red Sea coast, the Sinai Peninsula and the Western Desert (centered at the several oases).

            Ancient Egypt civilization developed for more than three and a half centuries. Started with the beginning of the unification the groups that existed in the Nile Valley around 3150 BC. Then this civilization is traditionally considered ended at about 31 BC during the early Roman Empire conquered and absorbed the Egypt Ptolemy as the part of the Roman province. Even though this was not the first foreign occupation of Egypt, the period of Roman rule led to a change of political and religious gradually in the Nile Valley, effectively marked the end of the development of the independent Egypt civilization.

            Ancient Egypt civilization was based on the balance control between natural and human resources, characterized primarily by:

• Well-organized irrigation of the Nile Valley

• Mineral exploitation of the valley and surrounding desert regions

• The beginning of the development from the independent writing system and literature

• Organization of collective projects

• Trade with eastern Africa and central and eastern Mediterranean

• Military activities that showed a strong characteristic hegemony and cultural domination toward the neighbor regions in the several different periods.

            Management of those activities were carried out by the social elite, the political, economic that achieved social consensus through a complex system based on religious belief under the figure of a semi divine. This semi divine was usually men through a succession of dynastic rulers that known in the world wide as a polytheistic belief.

            On the map of Ancient Egypt, the southern part of Egypt they call the new Egypt and the northern Egypt they call old Egypt. In Egypt there was a valley of the Kings, the cemetery of Tuthankhamen. In the old Egypt, there was Giza, the location of the biggest pyramids.

            Belief in supernatural powers and the existence of life after death held for generations. The temples are filled by the gods that had supernatural powers and became a place for ask protection. But the gods are not always seen as a good figure, Egyptians believed the gods need offering to remove the anger. This structure may change, depending on the person in power at the time.

            The gods worshiped in a temple that managed by a priest. In the center of the temple there are usually gods statue. Temples are not used as a place of worship for the public, but only on certain days the statue in the temple to be worshiped by the people. General public worshiped their private statues in their homes, equipped amulet which is believed to protect from danger. After the New Kingdom, the Pharaoh's role as a spiritual mediator began to be declined with the rise of customs to worship God directly, without mediator. On the other hand, priests developed an oracle system to communicate directly desire gods to the public.

            Egypt Society believed that every human being consists of physical and spiritual. Besides the body, humans also have the shadow, personality, soul, and name. The heart is believed to be the center of thought and emotion. After death, the spiritual aspects will be separated from the body and could move, but they require their physical bodies or can be replaced with a statue as a place to go home. The main goal of those who died is to reunite personality and soul to become blessed spirits. To achieve this condition, they are dead will be judged, the heart will be weighed with fur honesty. If the reward is enough, the spirit is allowed to stay in the earth in spiritual form.

            In Egypt there are many gods. These are 13 gods in Ancient Egypt:

1.      Ra

            Ra (often pronounced as Rah, but more accurately as Re) is the Ancient Egypt sun god. In the fifth dynasty he became a major deity in ancient Egypt religion, identified primarily with the mid-day sun, with other deities representing other positions of the sun. Ra changed over time and in one form or another, then he said to represent the sun at any time of the day. Then called Heliopolis, which means "City of the Sun" by the Ancient Greeks.

            Furthermore, Ra joined the Horus, as Re-Horakhty. When reached an important position in the ranks of Egypt, he believed to lead the heavens, the earth, and under the ground. He was associated with the eagle, the symbol of the sun god who protects the Pharaohs. After paired with pharaonic deities, Hathor's children  considered as a father by Ra.

2.      Osiris

            Osiris is described using a crown which is similar to the white crown of Egypt. He also carries a crook and whip. The crook is thought to represent Osiris as a shepherd god. The whip symbol defined to whip shepherd and fly sweep. He is usually described with green which is mean the color of rebirth or black which referring to the fertility of the Nile flood plains.

3.      Amon

            Amon was a god in Egypt mythology in the form of Amun-Ra that became the focus of the most complicated systems in Ancient Egypt. As the creator god, he was the champion of the poor and the center of personal piety. Amon created alone without mother and father and during the New Kingdom he became the greatest expression of god in Egypt theology. Amun-Ra as well as the creator god, not physically created the world. His position was as a god king. Besides Osiris, Amun-Ra is the most widely recorded in the Egypt gods.

4.      Isis

            Isis was a goddess in Ancient Egypt religious beliefs, the worship that spread throughout the Greek and Roman. She worshiped as the ideal mother, wife, protector of the nature and magic. She was a friend of slaves, sinners, artisans, the downtrodden, and the listener of prays from the rich people, girl, nobleman and ruler. Isis was the mother goddess and fertility.

5.      Hathor

            Hathor was an Ancient Egypt goddess who personified the principles of feminine love, motherhood and joy. She was one of the most important and popular goddess throughout the history of Ancient Egypt. Hathor worshiped by the common people in the grave that described as "the leader of the West" welcoming the dead people into the next life. Other roles, she was a goddess of music, dance and helped women in childbirth.

6.      Horus

            Horus was one of the oldest of the gods and most important in ancient Egypt religion which worshiped at least almost the end of the predynastic through the Greek and Roman world. Various forms of Horuses recorded in history and these were treated as distinct gods by Egyptologists. The earliest form is Horus Falcon who was the protector of Nekhen in Egypt.

7.      Maat

            Maat is the ancient Egypt goddess with the concept of truth, balance, order, law, morality and justice. Goddess Maat was also considered as the Goddess that govern stars, seasons and the actions of both humans and the gods which governs the world from chaos. Besides her role in the creation and protect the world from chaos, her primary role in Egypt mythology was dealing with the weighing of souls that happens in the underworld, the fur that determines whether the souls of the dead people will reach heaven safely.

8.      Nephthys

            Nephthys was a goddess that the origin had not been determined. Her name means "Lady of the House". She was the goddess of "housewife".

9.      Anubis

            Anubis was the god to protect from death and bring the people to the afterlife. He was usually described as half man, half wolf, or in the form of a complete wolf holding a whip in his hand. Wolf was strongly related to the cemeteries in ancient Egypt, but the color of rotting flesh and with the black soil of the Nile valley, symbolizing rebirth.

10.  Torn

            In ancient Egypt, the god Sobek described as an ordinary crocodile or as a man with the head of a crocodile. When considered as a protector of Pharaohs army, he was shown with a symbol of royal authority. He was also shown as a cross that represent his ability to annul evil and heal the disease. He ever became Sobek-Ra and shown with the sun disk on his head as Ra the sun god.

11.  Thoth

            Thoth is considered as one of the important gods in the Egypt. Heoften described with the head of an Ibis. His head was in Khemennu shrine, where he led the local community. Then renamed Hermopolis by the Greeks.

12.  Sekhmet

            In ancient Egypt, Sekhmet described as a lioness, the fiercest hunter known to the Egypt. He was regarded as the protector of the Pharaohs and led him in the warfare. Moreover, Sekhmet was regarded as the mother Maahes, a god who was appeared during the New Kingdom. He looked like a lion prince, the son of the goddess.

13.  Khnum

            In Ancient Egypt, Khnum was one of the earliest Egypt gods. He was originally the god of the source of the Nile river. Since the annual flooding of the Nile river which brought silt and clay and bring life to the surrounding water, he was regarded as the creator of the human body the children who performed at the potter's wheel, clay, and placed their mothers' womb.

Islamic Civilization

            Islamic civilization is modesty, morals, manners, and literary that set according Islamic law. Al-Hujwiri assert that Islamic civilization is a lesson and education about the virtues which are part of the foundations of faith.

            Beauty and the feasibility of a business, both religious affairs and the affairs of the world are so dependent on the height of the level of education. It contains human values ​​which sublime. Values ​​such as abiding devotion to follow the Sunnah of the Prophet and love of virtue. All of them are based on moral education. Man who ignore moral education will not be able to achieve the degree of piety, as Prophet Muhammad was said, "Moral education (education about the virtues) is a primary requirement for people who loved God". In another history that told when the Prophet was sitting then came the angel Gabriel, and said, "O Muhammad, sit like a servant who is sitting next to his master."

            Al Rozi stressed that Islamic civilization is the extent of social relationships and the best attitude is to maintain self-respect and follow the Sunnah of the Prophet. Friendship between human beings should be promoted based on the interests of God, not by interests and personal gain.

            Thus, the Islamic civilization is the parts of the Islamic culture covering various aspects such as morals, art and science, and includes also the culture whose systems technology, architecture, art, and wide science state system. Nowadays, the general definiton of Islamic civilization is part of the culture that purpose to facilitate and improve the life of the world and the life hereafter.

Religious

            Basic beliefs of Islam can be found in two sentences shahadah ("two sentences testimony"). Those two sentences are "asyhadu an-laa ilaaha illallaah, wa asyhadu anna muhammadan rasuulullaah", which means "I testify that there is no god but Allah, and I testify that Muhammad is the Messenger of Allah ". The essencial is the principle of the unity of God and the recognition of the prophethood of Muhammad. Then if a person believes and say the shahadah, he can be considered become a Muslim in the status of converts (who recently converted from old beliefs).

            Muslims believe that Allah SWT sent Muhammad as the last prophet after the coming of the Prophet Isa 6 centuries before. Islam holds that the Qur'an and the Sunnah as the source of law and fundamental rule of life. They do not regard Muhammad as a creator new religion, but as a reformer successor and monotheistic beliefs which was revealed to Ibrahimm, Musa, Isa, and the prophets of the same God. Islam insists that the Jewish religion and Christian after the departure of the prophets have deflect revelation that God has given to the prophets by changing the text in the Bible and introducing a false interpretation.

            Muslims believe the Al-Qur'an was also given by Allah SWT to Muhammad through the medium of the Angel Gabriel is perfect and there is no doubt in it (Surat al-Baqara verse 2). In the Al-Qur'an, God has also promised to keep the authenticity of the Qur'an until the end of time.

            Stated in the Qur'an, Muslims are obliged to have faith, believe in the truth of scripture, and Allah SWT words that revealed before the Al-Qur'an (Psalms, the Torah, the Gospel and the other prophets) through the prophets before Muhammad. Muslims also believe that in addition to the Al-Qur'an, the words of Allah SWT throughout history have changed by humans. Referring to the above sentence, then Muslims believe that the Qur'an is the only book of Allah SWT that is completely original and as a complement previous books.

            Muslims believe that the religion professed by all the prophets and messengers of Allah SWT messengers since Adam is the same religion (monotheism with the same God). Thus, the Prophet Ibrahim also embraced monotheism as Hanif or pure that made him as a Muslim. This perspective was put Islam together with Jewish and Christian believe in clumps of Prophet Ibrahim. In the Al-Qur'an, the Jews and Christians are often referred as the people who hold the doctrine in the holy books or the people who were given the holy books.

Five Pillars of Islam

            Islam gives a lot of religious practice. Muslims are generally encouraged to hold the Five Pillars of Islam, the five pillars unite Muslims as a community. Additional of the Five Pillars, Islamic law (shariah) has built a tradition of commands that have been touched on almost every aspect of life and society. This tradition encompasses everything from practical things like halal, banking, jihad and zakat.

            The contents of the five pillars of Islam are:

1. Say the shahadah (two sentences testimony) and believe that no right to be obeyed and worshiped properly except Allah SWT, and believe that Muhammad is the messenger of Allah SWT.

2. Establish obligatory prayers five times a day.

3. Fasting in the month of Ramadan.

4. Paying zakat.

5. Pilgrimage or Hajj to Mecca for those who are able.

Six Pillars of Faith

            Muslims also believe in the Five Pillars of Faith consisted of 6 cases, namely:

1. Faith in Allah SWT

2. Faith in Allah SWT angels

3. Faith in the Holy Books of Allah SWT (Al-Qur'an, Bible, Torah, Psalms)

4. Faith in the Prophets and Messengers of God

5. Faith in the Day of Judgement

6. Faith in Qada and Qadar

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Issues in International Relation

Issues in International Relation :

–     Criminal Cases

–     Cyber Crime

–     Terrorism

–     Open Trade

–     Globalization and Education (between Muslim countries and non-Muslim countries)

Terrorism

At least at this moment in international criminal law there has been the addition of a list of international crimes. All of which is a crime of aggression, the torture, and terrorism.

It was previously only known where three kinds, namely: war crimes, crimes against humanity, and genocide.

Those international crimes are products of World War II atrocities committed by the Axis. As a further result of the concept of individual criminal responsibility is known in the field of international law is a daring of the Allies. Previous use of the concept of this kind is a right that it is impossible for international law heavily influenced by positivism with a fundamental understanding on the system Westphalia. However, towage actors' international crimes' tribunal headed straight criticism from advocates of legal positivism understood, eg Hans Kelsen, citing violation of the general principles of criminal law, "not an act can be imprisoned without first set”. Regardless of all the controversy, the attitude of the international community shows will 'rise again' schools of natural law. Which then lead to the creation of a state's international human rights regime with a view to no longer repeat the disaster of World War II.

International criminal law is a branch of international human rights law; currently still in its infancy. However, this does not indicate the state of international criminal law is not clear. With the start of the establishment of the International Criminal Court (International Criminal Court) international criminal law, at least, has had a reliable institution as the locomotive of the development of international criminal law. Coupled with the strengthening the role of Non-Govern-mental Organizations (NGOs) in the human rights bodies of the United Nations (UN), for example, information on human rights violations more easily internationalized.

Terrorism as a new international crime, at least, has some conceptual problems. First terrorism although at this point in the international community there is consensus that there is an understanding that terrorism is a crime hostis humani generis or for all mankind. However, it does not make the international community more seriously deal with the issue of terrorism, which is proven by maze understanding of terrorism itself.

In the extreme acts of terror assumption is not likely to be criminalized. However, Antonio Cassese think, actually the problem is not a problem, as in many other international instruments that provide a definition of terrorism, one of which is in the international convention for the suppression of the financing of terrorism in article 2 (1) (b) which provides a definition:

Any . . . act intended to cause death or serious bodily injury to a civilian, or to any other person not taking an active part in the hostilities in a situation of armed conflict, when the purpose of such act, by its nature or context, is to intimidate a population, or to compel a government or an international organization to do or to abstain from doing an act.

Furthermore, Cassese provides general feature of terrorism as a crime under international law which consists of three main elements:

•  These actions should be recognized, or at least have elements that can be classified in a crime in most states
• These actions are intended to spread terror by use of violence or threats directed against the state, public, or a group of people
• It must have a political motivation, ideological, religious, and not intended for the benefits of a personal nature.

Cassese argument does not solve the problem of the definition of 'terrorism'.

Due to the number of legal instruments that provide an understanding of terrorism, the maze is clear understanding of terrorism itself as an international crime. The only way out is the emergence of the actions of the international community together to agree a legal instruments (conventions) processes aimed at combating terrorism without the interests of the moment.

Another hassle in fighting terrorism matters is the determination of whether the act of terror into an international or national crime which then has implications for the jurisdiction of the judiciary?

To answer this question the following answer Cassese. First, have a widespread effect, not only against the state. Second, and perhaps most important is conducted and concentrated on the territory of a country that leads 'promotion state', 'state Toleration', or 'state acquiesce', thus the reason for the handling of international or bilateral becomes very reasonable. Third, the international community has a problem and a threat to peace. And the last one is the act implemented on a wide scale. In addition, terrorism can be used as crimes against humanity in addition to war crimes.

But the issue of fighting terrorism has yet to be one of the authority of the international court. Handling of terrorism with more emphasis on enforcement at the domestic level. The most disappointing of international criminal law in relation to the issue of combating terrorism is the delivery mechanism at the national law. Though terrorism is one of the potential candidates for the new international criminal material has been provided for in international criminal law. As we know in general the national legal system, especially as demonstrated by the Third World countries are particularly vulnerable to politicization. Maybe at the international criminal law 'fluffy-flegged' as a branch of international law the issue of terrorism to get its place in the international justice.

In early 1975, the Law Enforcement Assistant Administration in the United States formed the National Advisory Committee on Criminal Justice Standards and Goals. One of the five volumes that the committee wrote was entitled Disorders and Terrorism, produced by the Task Force on Disorders and Terrorism under the direction of H.H.A. Cooper, Director of the Task Force staff. The Task Force classified terrorism into six categories.

·   Civil disorder – A form of collective violence interfering with the peace, security, and normal functioning of the community.

·     Political terrorism – Violent criminal behaviour designed primarily to generate fear in the community, or substantial segment of it, for political purposes.

·    Non-Political terrorism – Terrorism that is not aimed at political purposes but which exhibits “conscious design to create and maintain a high degree of fear for coercive purposes, but the end is individual or collective gain rather than the achievement of a political objective.”

·        Quasi-terrorism – The activities incidental to the commission of crimes of violence that are similar in form and method to genuine terrorism but which nevertheless lack its essential ingredient. It is not the main purpose of the quasi-terrorists to induce terror in the immediate victim as in the case of genuine terrorism, but the quasi-terrorist uses the modalities and techniques of the genuine terrorist and produces similar consequences and reaction. For example, the fleeing felon who takes hostages is a quasi-terrorist, whose methods are similar to those of the genuine terrorist but whose purposes are quite different.

·   Limited political terrorism – Genuine political terrorism is characterized by a revolutionary approach; limited political terrorism refers to “acts of terrorism which are committed for ideological or political motives but which are not part of a concerted campaign to capture control of the state.

·      Official or state terrorism – "referring to nations whose rule is based upon fear and oppression that reach similar to terrorism or such proportions.” It may also be referred to as Structural Terrorism defined broadly as terrorist acts carried out by governments in pursuit of political objectives, often as part of their foreign policy.

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