scholarly journals Hukum Keluarga Islam dalam Perspektif HAM Universal (UDHR) dan HAM Islam (UIDHR)

2016 ◽  
Vol 16 (1) ◽  
Author(s):  
Muhammad Faisal Hamdani

Human Rights contain provisions relating to Islamic law, especially family law. As a Sharia scholar, this topic is crucial to observe. This paper analyzes several aspects of family law in human rights, both universal human rights and universal human rights, such as marriage, inheritance, and child custody. There are the similarities and differences in both of these human rights like in the case of marriage. In Universal Declaration Human Rights, marriage is permissible for a couple without consideration of religion at all (article 2), whereas in Universal Declaration Human Rights, there is strong indication (Article 19 (1)a) that inter- religious marriage is forbidden, such as the comments of Elizabeth Mayer and others.DOI: 10.15408/ajis.v16i1.2892

2017 ◽  
Vol 4 (1) ◽  
pp. 57-76
Author(s):  
Daniel Alfaruqi

Abstract.The controversy between Islamic law and universal human rights continues to roll. Apart from universal claims to human rights principles, when he saw that the concept came from the West, some Muslims were suspicious and considered it an attempt to secularize Islamic law. As a result, conservative Muslims continue to reject the application of Western standards, even in the name of universal human rights, to legal problems in Muslim societies. Based on this research, it can be concluded that the Islamic response to human rights is a reflection of global, lasting and fundamental demands. By not intending to have anology, in fact Islam has first taught humanity about concepts that are egalitarian, universal and democratic. This concept that is so beautiful and comprehensive is allegedly adopted by the West through the emergence of universal ideas standardized in the convention of the Universal Declaration of Human Rights. Islamic teachings cover all aspects of human life, and of course they have included rules and high respect for human rights. But it is not in a structured document, but is spread in the holy verses of the Qur'an and the Sunnah of the Prophet Muhammad. The birth of the UDHR and the Cairo Declaration on Human Rights in Islam (CDHRI) endorsed by the OIC was an attempt to clarify the actions of Muslim countries on arrogant, authoritarian and arbitrary Western claims.Keywords: Islamic law, human rights Abstrak.Kontroversi antara hukum Islam dan hak-hak asasi manusia universal terus bergulir. Meskipun telah melekat klaim universal pada prinsip-prinsip HAM, ketika melihat bahwa konsep tersebut berasal dari Barat, sebagian umat Islam curiga dan menganggapnya sebagai usaha untuk mensekulerkan hukum Islam. Karena itu, kalangan Muslim konservatif tetap menolak penerapan standar-standar Barat, meskipun atas nama HAM universal, terhadap persoalan-persoalan hukum pada masyarakat Muslim. Berdasarkan penelitian ini diperoleh kesimpulan bahwa respon Islam terhadap hak asasi manusia adalah cerminan dari tuntutan global, abadi, dan fundamental. Dengan tidak bermaksud untuk berapologi, sesunguhnya Islam telah terlebih dahulu mengajarkan umat manusia tentang konsep yang egaliter, universal, dan demokratis. Konsep yang sedemikian indah dan komprehensif ini disinyalir diadopsi oleh Barat melalui pemunculan ide-ide universal yang dibakukan dalam konvensi Universal Declaration of Human Rights. Ajaran Islam meliputi seluruh aspek dari sisi kehidupan manusia,dan tentu saja telah tercakup di dalamnya aturan dan penghargaan yang tinggi terhadap hak asasi manusia (HAM). Namun memang tidak dalam satu dokumen yang terstruktur, tetapi tersebar dalam ayat-ayat suci al-Quran dan Sunnah Nabi Muhammad SAW. Kelahiran UDHR dan Cairo Declaration on Human Rights in Islam (CDHRI) yang diratifikasi oleh OKI merupakan upaya penjernihan yang dilakukan oleh negara-negara Muslim atas klaim Barat yang arogan, otoriter dan semena-mena.Kata kunci: Hukum Islam, Hak Asasi Manusia


2021 ◽  

The Islamic Republic of Iran is bound by the customary content of the Universal Declaration of Human Rights. In Iran's constitution, however, equality rights apply only to Muslims. Also, the protection by law in the constitution is granted to the citizens of the Islamic Republic exclusively within the framework of the Twelver Shiite interpretation of Islamic law. As a result, there are different rights for different people, depending on gender and religion. How universal human rights are discussed and dealt with in Iran on this basis is the subject of this anthology.


2017 ◽  
Vol 31 (1) ◽  
pp. 3-16 ◽  
Author(s):  
Michael Ignatieff

In a 1958 speech at the United Nations, Eleanor Roosevelt took stock of the progress that human rights had made since the proclamation of the Universal Declaration of Human Rights ten years before. Mrs. Roosevelt had chaired the UN committee that drafted the Universal Declaration and had hoped that, in time, it would become “the international Magna Carta of all men everywhere.” Her answer to the question of how to measure human rights progress has become one of the most frequently quoted remarks of the former First Lady: Where, after all, do universal human rights begin? In small places, close to home—so close and so small that they cannot be seen on any maps of the world. Yet they are the world of the individual person; the neighborhood he lives in; the school or college he attends; the factory, farm, or office where he works. Such are the places where every man, woman, and child seeks equal justice, equal opportunity, equal dignity without discrimination. Unless these rights have meaning there, they have little meaning anywhere. Without concerted citizen action to uphold them close to home, we shall look in vain for progress in the larger world.


Author(s):  
Shannon Dunn

This article explores the question of whether Islamic law and universal human rights are compatible. It begins with an overview of human rights discourse after the Second World War before discussing Islamic human rights declarations and the claims of Muslim apologists regarding human rights, along with challenges to Muslim apologetics in human rights discourse. It then considers the issues of gender and gender equality, feminism, and freedom of religion in relation to human rights. It also examines four basic scholarly orientations to the topic of Islam and human rights since the end of the Second World War: a model that privileges a secular (non-religious) paradigm for rights; a Muslim apologist model, which privileges a purely “Islamic” conception of rights over secular models; a Marxist/postcolonial critique of rights as a western imposition of power; and a Muslim reformist paradigm of rights that highlights points of continuity between western legal and Muslim legal traditions.


2012 ◽  
Vol 16 (3) ◽  
pp. 218-238 ◽  
Author(s):  
David L. Johnston

A survey of the proliferating literature by Muslims on ecology indicates that the majority favors some role for traditional Islamic law in order to solve the current environmental crisis. And so what is the meaning of the word “Shari’a” that appears so often? A close look at this discourse reveals an inherent fuzziness in its use of Shari’a. All of the scholar/activists surveyed in this paper, though on the conservative end of the spectrum, chiefly refer to “Shari’a” as a source of ethical values. The first to address these issues was Iranian-American philosopher Seyyed Hossein Nasr whose pluralist theology is hospitable to the spiritual input of all faiths; yet the most influential environmentalists today are the British scholars Mawil Izzi Dien and Fazlun Khalid, whose writings and campaigns have impacted millions of Muslims worldwide. Their appeal to past norms of eco-friendly Shari’a norms and their desire to update them in the present context fits nicely with the Earth’s Charter call for “a sustainable global society founded on respect for nature, universal human rights, economic justice, and a culture of peace.”


Daedalus ◽  
2020 ◽  
Vol 149 (3) ◽  
pp. 148-169
Author(s):  
T. Jeremy Gunn

There is a widely shared belief, both within and outside the Muslim world, that Islamic law cannot be reconciled with the modern human rights regime that developed out of the 1948 Universal Declaration of Human Rights (udhr). Many Muslims perceive that the purportedly individualistic, secular, and Western orientation of human rights is alien to Islamic values. Abdulaziz Sachedina and other scholars of Islam have argued that the underlying tenets of the udhr and its progeny are simply incompatible with Islamic law. In reality, the problem is not an underlying conflict between human rights and Islam, but the mistaken assumption that the modern nation-state is the proper institution for interpreting and enforcing Islamic law.


1997 ◽  
Vol 11 ◽  
pp. 207-214
Author(s):  
Jack Donnelly

In a rebuttal of Ames's critique of his conception of universal human rights, Donnelly asserts that Ames has misrepresented his arguments, creating a straw man from Ames's own preconceived notion of the Western liberal tradition while ignoring the substantive debates. In response to Ames's cultural approach to human rights, Donnelly argues that culture cannot be viewed as static. Structural, political, and economic factors have significant effects upon culture and the rights of each citizen. Donnelly concludes that the more significant cause of China's failure to recognize the Universal Declaration of Human Rights is not Confucian culture but rather China's own corrupt and dictatorial regime; thus the international community must continue to condemn China's violations of the Universal Declaration of Human Rights.


2012 ◽  
Vol 8 (2) ◽  
pp. 211-230 ◽  
Author(s):  
Frances Raday

AbstractThis article attempts to unravel the universal human rights implications of family law in the three monotheisms – Jewish, Christian and Muslim. At issue is the requirement of gender equality as justice in the family. This requirement is inherent in the human rights agenda, a novel point of departure in political philosophy and antithetical to the patriarchal family sacralised in the monotheistic religions.


2010 ◽  
Vol 3 (1) ◽  
pp. 11-21
Author(s):  
Asma Manzoor ◽  
Saba Imran Ali ◽  
Muhammad Nadeemullah

The Universal Declaration of Human Rights (UDHR) came into existence after World War II when the Nazi violence perpetrated upon the Jews came to light, the world community realized that the UN Charter was not sufficiently specific to protect human rights. In response, the Declaration was adopted by the United Nations General Assembly in Paris on December 10, 1948. General Assembly resolution 217 A (III) as a common standard of achievements for all peoples and all nations. It consists of 30 articles which cover a broad range including social, political, economic and religious rights. Though not legally binding, the UDHR is considered a foundational document in international human right laws. It has inspired the development of 50 human rights instruments around the world including international treaties, national constitutions, and regional human right laws. Whereas Islamic law or Shari’ah, has been used in countries throughout the world for more than 1,400 years and remains the ideal legal system for more than a billion people worldwide. During the reign of the Ottoman Empire, the nations under its rule flourished in such diverse fields of medicine, education, social sciences and arts. While Shari’ah has been examined in great detail, religious scholars and groups for implementation in Islamic countries mostly completed the research. However, by comparing the rulings and methodology of Shari’ah to current systems around the world, it is possible to gain both a better understanding and also provides an alternative current system of laws.


2021 ◽  
Vol 3 (2) ◽  
pp. 1-24
Author(s):  
Muhammad Ali Murtadlo

Islamic law transformative bid is made to replace the Islamic Law Compilation (KHI) in the form of Counter Legal Draft Compilation of Islamic Law (CLD-KHI), attracted the attention of academics, scholars and jurists of Islam in Indonesia. Many of those who reject and not infrequently also agree with the offer. This formulation is a challenge to bring order to respect Indonesia by Islamic law to all national character, culture and progress in democratization and upholding human rights, including women's rights. This study aims to answer the question (a) how is the legal istinbath method used in formulating the Counter Legal Draft Compilation of Islamic Law? (b) What is the formulation of the Counter Legal Draft Compilation of Islamic Law from the perspective of Jasser Auda's sharia maqasid? Library research using qualitative approach suggests that (a) the CLD-KHI is a legal draft in the form of provisions, so that in the process of its formulation is done through a procedural step that is done gradually, systematically, and involve several competent authority (b) Formulation of family law Islam offered in CLD-KHI in law istinbath method is not contrary to the concept of maqasid syariah Jasser Auda. However, the application instead of KHI still hindered political factor, because there are chapters that are considered controversial.


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