scholarly journals ISLAM HUMANIS, HAM, DAN HUMANISASI PENDIDIKAN: Eksposisi Integratif Prinsip Dasar Islam, Kebebasan Beragama, Kesetaraan Gender, dan Pendidikan Humanis

2016 ◽  
Vol 15 (2) ◽  
pp. 233
Author(s):  
Mahmud Arif

The issue of human rights has prevailed globally although it is can’t denied that historically that issue comes from tradition of the West Liberalism based on individualism standpoint. In fact, freedom and equality as essential part of human rights have not been appreciated yet suitably in the realm of long history of humankind so it was still found the slavery system. Even in the modern time, at several regions, the right of vote consisting of human right has not possessed by the women. There was a accusation from some scholars in the West that Islam is a religion opposing to human rights and gender equality. They argue that Islam has justified any religious violence, has cut religious freedom down, and has tolerated gender unequality. If it is viewed from the basic principle of takhfif wa rahmah (giving easiness and love), such accusation looks obviously problematic, because Islamic tenets normatively appreciate to establish human rights and gender equality. But empirically, religious interpretation often contributes in mainstreaming culture that castrates any religious freedom and gender equality. As one of religious interpretation product, fiqih (Islamic jurisprudence) for instance is claimed to contain many problems relating to religious freedom and gender equality. Such is the case, the reality of our national education. For a long time, in the Indonesian school system there are many factors causing failure of every endeavor for achieving the aim of human right education. This means that such basic priciple must be reactualized in the education system through hard efforts in humanizing education processes and pupil’s potencies.[Isu hak asasi manusia (HAM) telah mencuat sedemikian universal meski tidak bisa dinafikan bahwa dalam sejarahnya isu ini bermula dari tradisi liberalisme Barat yang titik pijaknya individual. Kebebasan dan kesetaraan sebagai elemen penting HAM ternyata belum diapresiasi secara semestinya dalam sejarah panjang pelbagai peradaban sehingga masih ditemukan adanya sistem perbudakan. Bahkan dalam kurun modern ini pun di sebagian wilayah, hak untuk memilih yang menjadi bagian dari hak asasi belum juga dinikmati oleh kaum perempuan. Muncul tuduhan dari sebagian kalangan di Barat bahwa Islam adalah agama anti HAM dan bias gender. Argumen yang dikemukakan, Islam membenarkan tindak kekerasan atasnama agama, memasung kekebasan beragama, dan mentolerir ketidakadilan terhadap perempuan. Diletakkan dalam konteks prinsip dasar takhfif wa raḥmah, tuduhan tersebut nampak problematik, mengingat secara normatif ajaran Islam sangatlah menjunjung tinggi penegakan HAM dan kesetaraan gender. Hanya saja, dalam realitas empirisnya tafsir keagamaan tidak jarang justru ikut andil dalam pembentukan arus besar budaya yang memberangus kebebasan beragama dan ketidakadilan terhadap kaum perempuan. Sebagai salah satu produk tafsir keagamaan, fikih misalnya diakui masih menyimpan banyak persoalan menyangkut kekebasan beragama dan kesetaraan gender. Demikian halnya dengan dunia pendidikan nasional. Selama ini, dalam sistem persekolahan di Indonesia masih banyak ditemukan faktor penyebab kegagalan bagi setiap upaya mencapai tujuan pendidikan HAM. Ini berarti prinsip dasar tersebut perlu diejawantahkan dalam sistem pendidikan melalui upaya memaksimalkan peran humanisasi dan hominisasi pendidikan.]

2020 ◽  
Vol 8 (11) ◽  
pp. 208-215
Author(s):  
Adibah Sulaiman ◽  
◽  
Md Yazid Ahmad ◽  
Mohd Azmir Mohd Nizah ◽  
Ezad Azraai Jamsari ◽  
...  

This study investigates the issue of apostasy or riddahor as a human right to freedom of religion or belief, especially among the Muslims. The purpose is to examine the question of whether apostasy should be recognized by modern Muslim states and societies as a human right that must be guaranteed for their citizens. Or, should it strictly be denied, thus freedom of religion or belief should not be extended to apostasy for Muslims and Muslim converts? The method used to complete the study is historical research and content analysis. This study showed that the call for recognition of apostasy as a human right is indeed influenced by the West which extremely enjoys freedom of belief or religion. As for Islam, apostasy is indeed contradictory with its teachings. This article is meaningful as it highlights the Universal Islamic Declaration of Human Rights (UIDHR) which speaks on religious freedom with limitations. UIDHR invariably attempts to match the Universal Declaration of Human Rights (UDHR) that recognizes the right to believe in whatever men want or to change their religion as they wish, at any time.


Author(s):  
Natalia Kutuzova

The article substantiates the universal value of religious freedom, based on the fundamental human right to freedom of religion and belief. Referring to the relevant international documents, the author reveals the content of the concept of "religious freedom" and concludes that there are two basic values at the heart of human rights: human dignity and equality. Only a systematic approach to freedom of religion in the human rights complex gives them universal value. There are two components to freedom of religion (belief): freedom of thought, conscience, and religion; the right to profess one's religion or belief. Religious freedom has both a universal and a private dimension. Being secular in nature, freedom of religion is especially evident in modern societies, which secularity and inclusivity empowers people to decide for themselves about their religiosity. The article deals with the restrictions that exist for religious freedom. Often the right to practice one's religion comes into conflict with different rights of other people. The protection of these rights must come from the principles of non-discrimination, neutrality and impartiality, respect for the right to religion, pluralism and tolerance, institutional and personal autonomy, lack of a hierarchy of human rights. The article argues that religious freedom is a universal value and right in the human rights complex.


Author(s):  
Lena Dominelli

Women have a lengthy history of fighting their oppression as women and the inequalities associated with this to claim their place on the world stage, in their countries, and within their families. This article focuses on women’s struggles to be recognized as having legitimate concerns about development initiatives at all levels of society and valuable contributions to make to social development. Crucial to their endeavors were: (1) upholding gender equality and insisting that women be included in all deliberations about sustainable development and (2) seeing that their daily life needs, including their human rights, be treated with respect and dignity and their right to and need for education, health, housing, and all other public goods are realized. The role of the United Nations in these endeavors is also considered. Its policies on gender and development, on poverty alleviation strategies—including the Millennium Development Goals and the Sustainable Development Goals—are discussed and critiqued. Women’s rights are human rights, but their realization remains a challenge for policymakers and practitioners everywhere. Social workers have a vital role to play in advocating for gender equality and mobilizing women to take action in support of their right to social justice. Our struggle for equality has a long and courageous history.


2015 ◽  
Vol 6 (2) ◽  
pp. 26-37
Author(s):  
Ali Jamkarani

The discussion is based around these issues, history of Human Rights, timeline for Human Rights history, question asked in this regard and enemy and friend of ‘human rights’. Describing the problems and its resolve from logical reasoning perspective; intellectual argumentation based on logical reason of, what is universal human right, democracy and illegal wars in the world by super powers as example America? Attempt to describe the inner construction of a human being-perfection-. Introduction to the concept of infallibility in different parts in the article, purify yourself and being purified. What is it, is it possible for a creation named human to be not fallible, is the idea or practicing it impossible or there is a great sphere of being able to practicing it and reaching the status if one finds guidance for the right way with peace and human rights prevailed in the world. Majority of the thought in the text, based on hadith-tradition- from the Prophet of Islam Peace upon Him and His family Ahl al-Bait Peace upon Them.


2020 ◽  
Vol 4 (2) ◽  
pp. 129-146
Author(s):  
Jenna Uusitalo

Emergency medical service (EMS) forms a sub-category of the internationally recognized right to health. However, despite the codification of the right to health in various human rights conventions which have been implemented in national legislation, EMS still seems to be regarded as an economic expense or a political decision rather than a legal norm or a human right. This paper evaluates the causes for such a misunderstanding, primarily through Scandinavian Legal Realism which emphasizes the social contextualization of law. Supplementary scholarly views, as well as a history of human rights, are also applied to support the main arguments. Essentially, the paper claims that the challenge of recognizing EMS as a legal norm is associated with the relatively abstract and impersonalized nature of emergency care.


2019 ◽  
Vol 14 (2) ◽  
pp. 245-270
Author(s):  
Arini Rufaida

Abstract: Studying the problems of women in various fields, especially marriage, always faces its own challenges. The lack of wife's rights in marriage gets some contradictions from a gender perspective. Did not rule out the possibility of connection with the wife's right to refuse reconciliation. This paper synergizes Islamic and gender perspectives on the issue of wife's right to refuse reconciliation. Efforts are being made to identify the shifts related to the classical fiqh formulation into a more egalitarian formulation according to the guidance of modern times. In addition, the next effort is to identify a new business of reasoning from the abstract domain to concrete rules. There are two steps that can be done, namely by analyzing the problem using the theory of equality and gender justice and the theory of maslahah from the perspective of several competent figures in their fields. From this, this paper confirms the similarity of perception between the aims of Islamic teachings (maqasid ash-shari’ah) and gender equality and human rights, that is the right for anyone to consider everything that will be done as long as it brings benefit.


2021 ◽  
Vol 3 (1) ◽  
pp. 1-14
Author(s):  
Triwahyuningsih Triwahyuningsih

Freedom to express opinions in public is a human right guaranteed by the 1945 Indonesian Constitution and the Universal Declaration of Human Rights. The concept of human rights originating from the West resulted in its application often causing problems. This problem arises because the values of freedom that are generally upheld in the West are different from the specific values based on the philosophy and way of life in each country.  The purpose of this study is to describe how the freedom to express opinions in public is in accordance with the values of Pancasila ideology. This research is normative legal research with a statute approach and a conceptual approach. Using primary and secondary legal materials also analyzed qualitatively descriptively. The results of the study conclude that the right to express freedom in public must be in accordance with the values of Pancasila, which is to fulfill the principle of balance between the rights and obligations of every citizen with the goal of responsible freedom being realized. Rights should not be understood only as claims on others, but also contain an obligation to respect the rights of others. Rights always have implications for obligations. All obligations, like all rights, derive from law, because all obligations are moral imperatives and all moral imperatives arise from law. Its application always upholds the values of divinity, humanity, unity, democracy and aims to realize social justice for all Indonesian people.Keywords: right of freedom, express opinion, Pancasila


Author(s):  
David Fernández Rojo

<p>The debate on whether to prohibit the <em>burqa </em>and <em>niqab </em>in Spain has been reopened after the recent decision of the Spanish Supreme Court on 14 February 2013. The Spanish Supreme Court held that a municipality could not pass a local law prohibiting the right to wear the full-face veil in public spaces. This article analyzes a conceptual and theoretical framework to establish that the full-face veil qualifies as an external manifestation of the right to religious freedom. Moreover, the pertinence of a <em>burqa</em>-ban in all Spanish public spaces is analyzed and a general prohibition is not found to be a suitable, necessary, and proportional measure to achieve gender equality, public order or «respect for the minimum requirements of life in society».</p><p><strong>Published online</strong>: 11 December 2017</p>


2015 ◽  
Vol 6 (1) ◽  
pp. 15-21
Author(s):  
Ali Jamkarani

The discussion is based around these issues, history of Human Rights, timeline for Human Rights history, question asked in this regard and enemy and friend of ‘human rights’. Describing the problems and its resolve from logical reasoning perspective; intellectual argumentation based on logical reason of, what is universal human right, democracy and illegal wars in the world by super powers as example America? Attempt to describe the inner construction of a human being-perfection-. Introduction to the concept of infallibility in different parts in the article, purify yourself and being purified. What is it, is it possible for a creation named human to be not fallible, is the idea or practicing it impossible or there is a great sphere of being able to practicing it and reaching the status if one finds guidance for the right way with peace and human rights prevailed in the world. Majority of the thought in the text, based on hadith-tradition- from the Prophet of Islam Peace upon Him and His family Ahl al-Bait Peace upon Them.Bangladesh Journal of Bioethics 2015 Vol.6 (1):15-21.


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