Identifying Possible Mechanisms within Islamic Law for the Promotion and Protection of Human Rights in Muslim States

2004 ◽  
Vol 22 (3) ◽  
pp. 329-346
Author(s):  
Mashood A. Baderin
2015 ◽  
Vol 19 (1) ◽  
Author(s):  
Salma Salma

The development of Islamic law studies in Indonesia is increasingly interesting to follow. the use of a multidisciplinary approach to Islamic sciences, making the science of Islamic law not only a normative-theological analysis but also integrated with many scientific fields both in the sciences and the humanities. Contemporary global issues require observers and Islamic law reviewers to seriously review Islamic law in depth, one of the global issues that is currently interesting and has become a topic of discussion among many is the issue of the protection of human rights. Human rights formulation in international law cannot be separated from the issue of foreign policy. This paper will conduct a theoretical study of how the concept of Islamic Law itself protects human rights and how it relates to its relationship with post-reform foreign policy. This paper uses a comparative study between legislation and texts (verses) both in the Koran and the hadith, a comparative-critical analysis method makes it easier for the author to find substance in terms of answering the problem statement in this study. The results or conclusions obtained are that human rights are a reflection of carrying out Islamic law in order to realize the nature of universal human benefit. Islam considers that human rights are in accordance with sharia principles, namely protecting one's right to life. This is a strong basis for the study of Islamic law in contributing to the development of human rights principles in the international communityKeywords: Islamic Law, Human Rights, Globalization, International LawPerkembangan kajian hukum Islam di Indonesia makin menarik untuk diikuti. penggunaan pendekatan multidisipliner ilmu-ilmu keislaman, membuat ilmu hukum Islam tidak hanya bersifat normatif-teologis analisanya tapi sudah terintegrasi dengan banyak bidang keilmuan baik ilmu-ilmu sains maupun humaniora. Isu-isu global yang sifatnya kontemporer mengharuskan para pengamat dan pengkaji hukum Islam untuk serius melakukan telaah ulang terhadap ilmu hukum Islam secara mendalam, salah satu isu global yang saat ini menarik dan menjadi perbincangan banyak kalangan adalah soal perlindungan hak asasi manusia. Rumusan HAM dalam hukum internasional tidak bisa dilepaskan dengan persoalan politik luar negeri. Tulisan ini akan melakukan kajian teoritik tentang bagaimana konsep Hukum Islam itu sendiri terhadap perlindungan hak asasi manusia dan bagaimana pula terkait hubungannya dengan politik luar negeri pasca reformasi. Tulisan ini menggunakan studi komparatif antara perundangundangan dengan teks (ayat) baik itu di dalam Al-Quran maupun hadits, metode analisis-kritis komparatif memudahkan penulis menemukan substansi dalam hal untuk menjawab rumusan masalah dalam penelitian ini. Hasil atau kesimpulan yang didapat adalah HAM adalah refleksi untuk menjalankan syariat Islam demi mewujudkan hakikat kemaslahatan manusia secara universal. Islam memandang bahwa HAM sesuai dengan prinsip-prinsip syariah yakni melindungi hak hidup seseorang. Hal ini merupakan dasar yang kuat untuk kajian hukum Islam dalam memberikan kontribusi pada perkembangan prinsip-prinsip hak asasi manusia di dalam masyarakat internasional.Kata Kunci: Hukum Islam, Hak Asasi Manusia, Globalisasi, Hukum Internasional


Rechtsidee ◽  
2014 ◽  
Vol 1 (1) ◽  
pp. 71
Author(s):  
Rifqi Ridlo Phahlevy

Birth of Special Region Nanggroe Aceh Darussalam based on Law No. 18/2001 on Special Autonomy for Aceh as Nanggroe Aceh Darussalam that changed through Law No. 11 of 2006 on the Governing of Aceh is an attempt to realize a democratic government and prosperous (welfare state). The implication of the birth of NAD is the application of Islamic law as a tool of law and governance NAD, which also puts the Shariah Court as the main pillar of Islamic sharia enforcement in NAD. The existence of the Shariah Court as an instrument of law enforcement in NAD institutionally and functionally problematic. The first, related to the position of the Shariah Court that institutionally a part of the religious court, but has a broader scope of authority. Second, related to aspects of Islamic sharia holding capacity is possible to be imposed on non-Muslims, were both these problems can ultimately hurt the Unitary Republic of Indonesia principles and protection of human rights. How To Cite: Phahlevy, R. (2014). Aceh Shariah Court in The Unitary State of the Republic of Indonesia and Human Rights Context. Rechtsidee, 1(1), 71-84. doi:http://dx.doi.org/10.21070/jihr.v1i1.103


2021 ◽  
Vol 17 (2) ◽  
pp. 13-22
Author(s):  
D. V. Ivanov ◽  
V. P. Pchelintseva

Introduction. The article is concerned with international protection and promotion of human rights by the OIC. Recent developments in the international activity of the organization serve as the thematic justification of the study in the first place, as they reveal certain modifications in its approach to human rights. The study covers several theoretical and practical problems of international public law and national legal orders.Materials and Methods. Methodology of the study includes general scientific methods, such as scientific assessment and description, scientific analysis and synthesis, abstraction, scientific explanation etc., and special methods of jurisprudence, such as historical, comparative and dogmatic methods. For the purposes of the study, universal agreements and soft law acts as well as OIC acts on human rights were studied alongside with UN databases and scientific and analytical papers on Islamic law and international public law.Results. The study revealed that activity of the OIC and its member states in the field of protection and promotion of human rights shows more compliance with the universal standards and is likely to continue in that direction. It outlines the pluralistic approach of the OIC to human rights teachings and its concurrent commitment to Islamic and universal human rights concepts. Modifications in the OIC protection of human rights of vulnerable social groups are explored.Discussion and conclusion. Activity of the OIC in the field of international human rights protection is analyzed from the standpoint of cultural relativism, the views on possible achievement of compatibility of human rights in Islam and universal standards are supported, the approach of the OIC to human rights is considered to reflect the particularities of approaches to human rights of Islamic states and international public law. At the same time ineffectiveness of certain human rights protection measures taken by some mechanisms of protection of human rights of the OIC are pointed out.


Al-Ahkam ◽  
2013 ◽  
Vol 23 (2) ◽  
pp. 201
Author(s):  
Muhammad Hafiz

Muslim countries often stuck in a dilemmatic situation between be exclusively with retaining the Islamic principles of human rights through Islamic law or follow the principles of human rights which is regulated internationally through Universal Declaration of Human Rights (UDHR). The existence of Independent Permanent Commission of Human Rights (IPHRC) as one of the core institutions of organization of the Islamic Cooperation (OIC) intended to be a mediator for the occurrence of constructive dialogue between human rights discourse on one side with Islamic law on the other side. This is the way to reduce dichotomous view that impact on gaps and conflict. The equivalent dialogue continuously between two entities, Islamic law and human rights must always be attempts to open opportunities in more widely shared understanding and in turn will facilitate the achievement of progress and the protection of human rights in Muslim countries. This dialogue also important to remove the negative stigma against Islamic law that is often accused of violating human rights. and also to open space of interpretation to Islamic law that relevance with contemporary life.


2018 ◽  
Vol 15 (1) ◽  
pp. 55-66
Author(s):  
Nur Asiah

Abstract: HAM is basically God's greatest gift to man in carrying out his duties and functions as khalifatullah without discrimination between one another. However, there are some people who think that in Islamic law does not find the formulation of human rights as the concept of Western-style human rights but only contains the rules of duty and duty to obey God and His law alone. Based on the searches of the verses of the Qur'an and Sunnah it is concluded that Islamic law has formulated the regulation and protection of human rights for human beings. Unlike anthrophocentric Western human rights, human rights in Islamic law not only recognize the right of human beings (huququl 'ibad) but it is based on the basic human obligation to serve Allah Almighty (huququllah). Islamic law establishes the main principles in the protection of human rights that are significant with the objectives of Islamic law namely the principle of protection of religion (hifdz al-din), soul (hifdz al-nafs), reason (hifdz al-'aql), descendants (hifdz al-nasl) and treasure (hifdz al-mal).


2019 ◽  
Vol 3 (2) ◽  
pp. 221
Author(s):  
Supriyadi Supriyadi

Human rights are a reflection of carrying out Islamic law in order to realize the nature of universal human benefit. Islam considers that human rights are in accordance with sharia principles, namely protecting one's right to life. This is a strong basis for the study of Islamic law in contributing to the development of human rights principles in society. Studying Islamic law in Indonesia in a multidisciplinary perspective of interesting Islamic sciences to follow, so that the legal paradigm especially in Islamic teachings is not only normative-theological, but integrated with many scientific fields both in the sciences and the humanities. Contemporary global issues require observers and Islamic law reviewers to seriously review Islamic law in depth, one of the issues that is currently interesting and has become a topic of discussion among many is the issue of the protection of human rights. This paper will conduct a multidisciplinary theoretical study of Islamic sciences about how Islamic law concepts in protecting human rights. Departing from this, a comparative study between legislation and texts (verses) both in the al-Qur’an and the al-hadith, the comparative-critical analysis method makes it easier for the author to find substance in terms of answering the problem statement in this paper.


ICR Journal ◽  
2014 ◽  
Vol 5 (1) ◽  
pp. 43-67
Author(s):  
Mohamed Azam Mohamed Adil ◽  
Nisar Mohammad Ahmad

This article deals with the Islamic law and human rights principles which constitute the two important elements of the Malaysian legal system. Human rights, despite being a basic tenet of Islam, have frequently and widely been misunderstood by many Muslims. Indeed, the protection of human rights is consistent with the very objective of the coming of Islam i.e. as a mercy to the whole universe and for safeguarding the sacred values of humanity. As such, it is not an exaggeration to consider that Islam is a strong proponent of human rights and violations of human rights may be tantamount to disregarding Islamic principles. Nevertheless, due to constitutional constraints, the protection of human rights in Malaysian law may not necessarily be based on Islamic law. This is because the Federal Constitution of Malaysia limits the jurisdictions of Islamic law to selected matters such as matrimonial issues and other limited criminal jurisdictions. Despite Article 3 of the Constitution that clearly names Islam as the religion of the Federation, this provision, does not provide for the full application of Islamic law in Malaysia. Thus, the protection of human rights in Malaysia is selectively covered based on Islamic law, whereas the major scope of protections is covered by Federal-based civil law, in accordance with the specification of jurisdiction vested by the Constitution.  


2021 ◽  
Vol 5 (1) ◽  
pp. 1
Author(s):  
Ahmed M A Hamad ◽  
Haslinda Binti Mohd. Anuar ◽  
Rohizan Binti Halim

The contemplating the constitutional and legal system of democratic countries, they unite on the principle of the independence of the judiciary until it became a constitutional principle related to the protection of human rights, which is a natural effect of the existence of a judiciary that stands on an equal footing with the legislative and executive authorities. The principle of the independence of the judiciary is considered the first principle of the general principles governing the work of the judiciary. The independence of the judiciary leads to its immunity by preventing the executive authority from intruding and interfering in its affairs and its work. The importance of this study is that it will clarify the extent to which the principle of the independence of the judiciary is applied in Islamic law compared to Palestinian legislation and the guarantees of this principle. To achieve the objective of this paper, legal socio-legal research was adopted using the qualitative approach to analyse relevant Islamic law and Palestinian legislative texts. The study concluded that the administration and structure of the judiciary in Islamic law differs from Palestinian legislation in terms of the extent of application of the principle of the independence of the judiciary.


Al-Ahkam ◽  
2021 ◽  
Vol 31 (2) ◽  
pp. 223-240
Author(s):  
Yayan Muhammad Royani

This paper aims to describe the process of overcoming hate speech crimes during the caliphate of 'Alī ibn Abī Ṭālib in the perspective of the history of Islamic law. The important question to be answered in this paper is how did the caliph 'Alī ibn Abī Ṭālib contribute to handling the problem of hate speech? This paper finds three essential things. First, the death of Caliph 'Uthmān became the cause of the emergence of various slander. The main perpetrators were the Sabā’iyyah, Khawarij, and Shia groups. The form of slander is in the form of hate speech, such as insulting, defaming, inciting, spreading hoaxes which are violations of human rights and have discriminated against certain entities and individuals. Second, the policy of overcoming hate speech is pursued by a criminal and social law approach. Third, the relevance between ‘Alī ibn Abī Ṭālib's policy and existing regulations in Indonesia lies in the form of actions, punishments, and protection of human rights from discrimination.


2018 ◽  
Vol 26 (2) ◽  
pp. 205-226
Author(s):  
Bonolo Ramadi Dinokopila ◽  
Rhoda Igweta Murangiri

This article examines the transformation of the Kenya National Commission on Human Rights (KNCHR) and discusses the implications of such transformation on the promotion and protection of human rights in Kenya. The article is an exposition of the powers of the Commission and their importance to the realisation of the Bill of Rights under the 2010 Kenyan Constitution. This is done from a normative and institutional perspective with particular emphasis on the extent to which the UN Principles Relating to the Status of National Institutions for the promotion and protection of human rights (the Paris Principles, 1993) have been complied with. The article highlights the role of national human rights commissions in transformative and/or transitional justice in post-conflict Kenya. It also explores the possible complementary relationship(s) between the KNCHR and other Article 59 Commissions for the better enforcement of the bill of rights.


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