scholarly journals Signifikansi Maqâsid al-Sharî‘ah sebagai Kerangka Berpikir Epistemik Ijtihad

2015 ◽  
Vol 8 (2) ◽  
pp. 316
Author(s):  
Sanuri Sanuri
Keyword(s):  
Social Sciences ◽  
Human Rights ◽  
Social Justice ◽  
Human Dignity ◽  
Islamic Law ◽  
Holistic Approach ◽  
Tenth Century ◽  
Methodological Framework ◽  
Philosophy Of Law ◽  
Universal Values

This paper focuses on the importance of <em>maqâs</em><em>id al-sharî‘ah </em>for the effectiveness of ijtihad in Islamic law. The emergence of controversies at the beginning of the tenth century AD on the issue of the closing of the gate of ijtihâd has resulted in the rigidity of Islamic law and its methodological framework. Along with these issues, some contemporary scholars on <em>maqâs</em><em>id </em>agreed that <em>sharî‘ah </em>law (al-Qur’ân) consists of partial (<em>juz’îyât</em>) and universal values (<em>kullîyyât</em>) that should be understood through a holistic approach in the frameworks of <em>maqâs</em><em>id</em>. Shift in the meaning and orientation of <em>maqâs</em><em>id al-sharî‘ah </em>in some contemporary Muslim scholars’ views, involving social sciences, philosophy of law, principles of morality, universality, social justice, human dignity, human rights, is a concrete manifestation of how Islamic law is able to provide answers to the current problems faced by the Muslim and non-Muslims community. This awareness has made contemporary Muslim thinkers strive to bring Islamic law into various achievements of progress in many aspects of life by emphasizing the importance of <em>maqâs</em><em>id al-sharî‘ah.</em>

scholarly journals ZAKAT WITHIN THE FRAME OF THE UNITARY STATE REPUBLIC OF INDONESIA: ADAPTABILITY OF SHARIA VALUES AND CULTURES

2021 ◽  
Vol 6 (1) ◽  
Author(s):  
M Usman
Keyword(s):  
Islamic Law ◽  
Logical Consequence ◽  
Local Culture ◽  
Methodological Framework ◽  
Multicultural Society ◽  
Social Culture ◽  
Rational Development ◽  
Unitary State ◽  
Universal Values ◽  
The Republic

This paper aims to elaborate the dynamics of Islamic law assimilation with local culture. With the hope that in the future it will form a basic perspective in shaping the philanthropy of contemporary Islamic law based on the reality of Indonesian society. The basic questions which is going to be answered through this paper are, first, the extent of the adaptability of Islamic law in the midst of multicultural society conditions in Indonesia. Second, what are juridical, normative and sociological arguments in placing zakat as a support for the integrity of the Unitary State Republic of Indonesia. Third, How is the Formulation of the Concept of Zakat within the frame of Unitary State Republic of Indonesia? The conclusion from this study shows that, first, the characteristics of Islamic law indicate the ability of adaptability to the culture of the society in which it is accepted. Even in this case Islam has provided important principles regarding rational development in efforts to adapt to its new environment. Second, placing zakat as a support for the integrity of the Unitary State Republic of Indonesia is worth to be formulated. This is a logical consequence of the efforts of the Islamic ummah to always place al-Qur'an and al-Sunnah as limited texts. One of the most fundamental results of Indonesian social culture is the realization of the Unitary State of the Republic of Indonesia. Making the formulation of zakat in the frame of the Unitary State Republic of Indonesia is a clear proof that Islamic law contains universal values that are valid in any time and any place. Third, the methodological formulation of zakat in the frame of Unitary State of the Republic of Indonesia is in a dynamic and accommodating ijtihad towards change. This methodological framework is based on al-Mashlahah, ‘Urf, Sad Dzaria'ah and dialectics between Gama and the State.

Guidelines for Submission to Ethics & International Affairs

2002 ◽  
Vol 16 (2) ◽  
pp. 187-188
Keyword(s):  
Social Sciences ◽  
Public Policy ◽  
Human Rights ◽  
Human Dignity ◽  
International Conflict ◽  
Economic Justice ◽  
International Affairs ◽  
Policy Issues ◽  
The Social ◽  
Ethical Perspectives

Ethics & International Affairs, the journal of the Carnegie Council on Ethics and International Affairs, seeks original articles analyzing current developments and dilemmas in international affairs in terms of choices, decisions, and values. The goal of the journal is to create an interdisciplinary forum in which a broad range of public policy issues can be addressed from ethical perspectives that may originate in philosophy, religion, or the social sciences. Recent issues have contained articles on international conflict, social and economic justice, the environment, and human rights.The journal is open to diverse views, yet committed to the basic idea that the promotion of peace and human dignity is a universal good.

scholarly journals REVITALISASI MAQÂSHID AL-SYARÎ’AH DALAM ISTINBÂTH HUKUM ISLAM: KAJIAN ATAS PEMIKIRAN MUHAMMAD AL-THÂHIR IBNU ‘ÂSYÛR

2017 ◽  
Vol 14 (1) ◽  
pp. 48
Author(s):  
Ainol Yaqin
Keyword(s):  
Human Rights ◽  
Research Methods ◽  
Human Dignity ◽  
Islamic Law ◽  
The State ◽  
Legal Research ◽  
Personal Rights

The essence of human rights is to protect and ensure the glory and dignity of people. So it becomes important human rights principles stipulated in the legislation in order to guarantee the state of human rights can be implemented optimally. However, there are some parties who deliberately rammed by the Islamic Human Rights as a product of the Liberals are opposed to the  Sharia. In fact, both Islam and human rights, aimed at ensuring the glory and dignity of man as the principles “maqhasidu al-syari’ah” are the main objectives the implementation of Islamic law. This paper aims to prove that human rights are not contrary to Islam because it has been expressly stipulated that one-on-one purpose in religion is upholding human dignity. This paper uses legal research methods that reveal the fact that Islam protects personal rights of his people so that the necessary regulatory and enforcement of human rights in the Indonesia. Tulisan ini terfokus mengkaji pemikiran Ibnu âsyûr tentang maqâṣid al-syarî’ah. Sebagai pemikir islam kontemporer ibnu âsyûr berupaya merumuskan maqâṣid al-syarî’ah menjadi disiplin ilmu yang mandiri dan pertimbangan utama dalam pegistinbathan hukum islam.Konsep independensi maqâṣid al-syarî’ah sebelumnya memang sudah digagas oleh al-syâthibî, namun Ibnu ‘âsyûr memperkokoh dan mempertegas kembali urgensi maqâṣid al-syarî’ah sebagai suatu disiplin ilmu.Menurutnya, ada empat unsur yang paling mendasar dalam pondasi bangunan maqâṣid al-syarî’ah, yaitu al-fithrah, al-musâwah, al-samâhah dan al-hurriyah.Keempat unsur ini mesti mendapat perhatian dan pertimbangan dalam proses pergumulan teks dan konteks realitas kekinian untuk melahirkan diktum-diktum hukum yang berkemashlahatan. Bagi ibnu ‘âsyûr, secara umum berdasarkan pengkajian atas dalil-dalil al-qur’an dan kasus-kasus parsial menunjukkanbahwa tujuan pensyari’atan hukum islam adalah memelihara sistem/tatanan kehidupan umat manusia dan kelestarian kemashlahatan itu dengan cara menjaga kemashlahatan manusia itu sendiri yang meliputi mashlahah akal, perbuatan dan alam dimana ia hidup. Dengan demikian maka bisa dikatakan kaidah umum dalam syari’at islam adalah untuk mewujudkanmashlahah dan menolak mafsadah.

scholarly journals Debate on Status of Existing Non-Muslim’s Worship Places in Multi-faith Society

2021 ◽  
Vol 3 (02) ◽  
pp. 11-21
Author(s):  
Manahil Yaqoob ◽  
Farhana Mehmood
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Religious Freedom ◽  
Analytical Approach ◽  
Islamic Law ◽  
Significant Feature ◽  
Islamic State ◽  
International Media ◽  
The Status ◽  
Islamic Society

Islamic Law (Shariah) has granted fundamental human rights to Muslims and non-Muslims and safeguards their life and property by providing equal social justice. The significant feature of Shariah is to provide non-Muslims the freedom to exercise their religion in an Islamic state. The paper discusses non-Muslim’s worship places that are established in an Islamic society.  The objective of this research is to remove misunderstandings created by International media on current issues against Islamic teachings, Muslim jurists debate on Shariah perspective regarding the status of construction or erection of worship places. This present paper divided the debate on three major issues which are addressed by the Muslim jurist in today’s conflicting scenario. Firstly, Religious freedom to exercise non-Muslim’s faith in an Islamic state, secondly rulings for non-Muslim’s worship places on Islamic Lands, and lastly rebuilding and construction of non-Muslim’s worship places in a multi-faith society. A descriptive and analytical approach has been adopted for juristic opinions. The paper examines these debates by Muslim jurists of the Sunni school of thought and concludes that Shariah has granted non-Muslim’s right to construct or upright their worship places in their majority ruler area. A Muslim ruler may protect worship places of non-muslims and on the circumstantial requirement, he authorized to convert these places where necessary under the principles of Mashlaha Aama defined by the principles of Shariah.

Humanitarian Intervention in International and Islamic Law

2003 ◽  
Vol 20 (1) ◽  
pp. 88-106
Author(s):  
Ermin Sinanovic
Keyword(s):  
Human Rights ◽  
International Law ◽  
Human Dignity ◽  
Islamic Law ◽  
Humanitarian Intervention ◽  
Fundamental Issue ◽  
Moral Foundation ◽  
Rights Discourse ◽  
Jus Cogens ◽  
Human Rights Discourse

In this paper, I look into the moral foundation of humanitarian intervention in international law and its Islamic counterpart. My objective is to identify the traits shared by both sets of laws, and to see if the same or similar justification can be used across cultures to reach the same goal. In other words, one goal is to assess the claims that the basis upon which humanitarian intervention is justified has a universal appeal. Both international and Islamic law justify humanitarian intervention on moral grounds. International law bases its justification upon the human rights discourse. Islamic law provides enough bases for legitimizing humanitarian intervention, and Qur’anic verses, scholarly opinions, and Islamic principles provide a sound background for it. Paramount in this task is the concept of human dignity (karamah al-insan). We found no disagreement on this fundamental issue between the Universal Declaration of Human Rights (UDHR) and Islamic law. Human dignity, as understood in international human rights and its Islamic counterpart, thus could form the jus cogens of international law, a common human heritage upon which everybody can agree.

scholarly journals FORMULA PEMELIHARAAN JIWA (HIFZ AL-NAFS) PADA UNDANG-UNDANG NOMOR 16 TAHUN 2019

2020 ◽  
Vol 9 (1) ◽  
pp. 115-141
Author(s):  
Aay Siti Raohatul Hayat
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Growth And Development ◽  
Islamic Law ◽  
Soul Care ◽  
Parental Assistance ◽  
Body And Soul ◽  
Age Limit ◽  
Younger Generation ◽  
The Impact

Given the increasingly high percentage of child marriages/early marriages in Indonesia and the impact on humanitarian life which is none other than the younger generation of Indonesia's largest assets, therefore there is a need for regulations that regulate this, so that Law 1616 is enacted and has been ratified since October 14, 2019. This is in accordance with how Islam nourishes the soul (Hifz al-Nafs) and respects human dignity. The main problem in this discussion is how the formula of Soul Care (Hifz al-Nafs) in Law Number 16 Year 2019 as the implementation of Maqāṣid Al-Sharī'ah. With the change in the age limit of minimum marriage, the bride and groom are expected to have matured their body and soul to be able to carry out the marriage, so as to realize the purpose of marriage properly without ending in divorce and get healthy and quality offspring. It also can fulfill the rights of children so as to optimize children's growth and development including parental assistance and provide children access to the highest education possible. From the above explanation it can be concluded that the Care of the Soul (Hifz al-Nafs) of Law Number 16 Year 2019 is appropriate in the perspective of Islamic law (Maqāid Al-Sharī'ah), in which guarantees human rights, maintenance soul, and efforts to realize a sakinah family.

scholarly journals Maqāṣid Al-Shariah in the Contemporary Islamic Legal Discourse: Perspective of Jasser Auda

2018 ◽  
Vol 26 (2) ◽  
pp. 445
Author(s):  
Zaprulkhan Zaprulkhan
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Legal Discourse ◽  
Space Time ◽  
Methodological Framework ◽  
Philosophical Approach ◽  
Historical Approach ◽  
Islamic Jurisprudence ◽  
Time Culture ◽  
Muslim Scholars

<p>Nowadays, Muslims are facing various contemporary problems related to the discourse of fiqh or Islamic law. In this case, the old tradition of Islamic jurisprudence is no longer sufficient to answer those problems due to the changes in the context of space, time, culture, and contemporary sciences. Any effort to renew the aspect of methodology must be done in the field of uṣul al-fiqh not only in Islamic jurisprudence. This is the reason that methodological reconstruction is needed in order to make it is able to accommodate the various problems that are disturbing Muslims today. One of Muslim scholars who tried to reconstruct at the level of the methodology of maqāṣid al-shariah is Jasser Auda. For the purpose of reconstructing maqāṣid al-shariah fundamentally, Auda uses a philosophical approach that is multidisciplinary as well as open with various other relevant disciplines as a methodological framework for reforming the study of uṣul al-fiqh and Islamic law. Applying philosophical and historical approach this study found that Auda reconstructs maqāṣid al-shariah by offering six features: cognitive nature, wholeness, openness, interrelated hierarchy, multidimensionality, and purposefulness. Furthermore, Auda gives contribution to the development of Islamic law and human rights. This paper will explore reconstruction as well as the contribution of maqāṣid al-shariah promoted by Auda through the approach of the philosophy of the system.</p>

scholarly journals Tinjauan Hukum Internasional HAM dan Hukum Islam terhadap LGBT Perspektif Human Dignity Mashood A. Baderin

2016 ◽  
Vol 10 (1) ◽  
pp. 198
Author(s):  
Abu Dzarrin Al-Hamidy
Keyword(s):  
Human Rights ◽  
Sexual Orientation ◽  
Civil Rights ◽  
International Law ◽  
Human Dignity ◽  
Islamic Law ◽  
Human Beings ◽  
Same Sex ◽  
Bisexual And Transgender ◽  
The Universe

<p>This article deals with the issue of homosexuality from the perspective of human rights international law and Islamic law, particularly in the view of Mashood Baderin. The result of understanding towards human rights international law as well as towards Islamic law as the blessings for the universe places human beings in the most respected position. However, there emerge the phenomenon of non-mainstream sexual orientation, such as lesbian, gay, bisexual and transgender (LGBT). In the perspective of Mashood Baderin, who portrays human rights international law and Islamic law on the principles of equality and justice, these LGBTs have their rights, as they are also human beings that should be respected due to their human dignity. It is inhumane to discriminate and condemn them. They should receive proportional treatment from the state so that their civil rights are guaranteed. However, with regard to their sexual orientation Islamic law prohibits the same sex marriage or other forbidden sexual relations</p>

scholarly journals Problemas que uma característica essencial dos direitos humanos apresenta para a filosofia do direito

2019 ◽  
Vol 1 (40) ◽  
Author(s):  
Javier Hervada
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Natural Law ◽  
Philosophy Of Law ◽  
Legal Personality ◽  
Positive Law

RESUMOEste artigo apresenta a reivindicação, por parte dos direitos humanos, da sua condição anterior ao direito positivo e as oposições por eles sofridas no âmbito da filosofia do direito. Considerando-se as diversas ocasiões e teorias em que se contemplou uma dimensão jurídica natural anterior à dimensão estritamente positiva do direito, busca-se arrazoar a necessidade de concebê-lo de forma a abranger também a realidade dos direitos humanos. Observam-se, ainda, as condições de existência dos direitos humanos e da personalidade jurídica diante das noções natural e cultural do direito, a fim de que não somente se resolvam as frequentes inconsistências teóricas, mas também que se reconheçam os direitos humanos como realidade ligada à própria dignidade humana.PALAVRAS-CHAVEDireitos humanos. Filosofia do direito. Direito natural. Direito cultural. Personalidade jurídica. ABSTRACTThis article presents the claim by human rights on its preceding condition in relation to positive law and the opposition it experiences in the field of philosophy of law. Considering several occasions and theories in which natural law, as a universe preceding strict positive law, has been contemplated, the article attempts to reason on the necessity of conceiving law in a way of encompassing the reality of human rights as well. The conditions of existence of human rights and legal personality in accordance to the naturalistic and cultural notions of law are also observed in order not only to solve theoretical inconsistencies but also to recognize human rights as a reality connected to human dignity itself.KEYWORDSHuman rights. Philosophy of law. Natural law. Cultural law. Legal personality.

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