scholarly journals Konsep Sabar dalam Perspektif Al-Qur’an

2020 ◽  
Vol 17 (2) ◽  
pp. 196
Author(s):  
Miskahuddin Miskahuddin
Keyword(s):  
Human Dignity ◽  
Islamic Law ◽  
Self Control ◽  
Human Attitude ◽  
Strength Of Faith

Patience is the inner human attitude in restraining the emotions and desires of all needs. The strength of faith and aqidah under Islamic law can affect patients. The ability to be patient by controlling lust will be glorified by Islam. An attitude of patience can make humans refrain from degrading human dignity. Therefore, the concept of patience in the Al-Qur'an is human self-control based on Islamic aqidah in the guidance of the Al-Qur'an al-KarimAbstrakSabar merupakan sikap batin manusia dalam menahan emosi dan keinginan segala kebutuhan. Kekuatan iman dan aqidah yang sesuai dengan  syariat Islam dapat mempengaruhi kesabaran. Kemampuan bersikap sabar dengan cara mengendalikan hawa nafsu akan dimuliakan oleh agama Islam. Sikap sabar dapat membuat manusia menahan diri dari perbuatan merendahkan harkat martabat kemanusian. Oleh karena itu, konsep sabar dalam Al-Qur’an pada dasarnya adalah pengendalian diri manusia berdasarkan aqidah Islam dalam bimbingan Al-Qur’an al-Karim

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 Undang-Undang Nomor 21 Tahun 2007 tentang Pemberantasan Tindak Pidana Perdagangan Orang dalam Perspektif Hukum Islam

AL- ADALAH ◽  
2018 ◽  
Vol 14 (1) ◽  
pp. 131
Author(s):  
Neni Nuraeni ◽  
Dede Kania
Keyword(s):  
Human Trafficking ◽  
Human Dignity ◽  
Islamic Law ◽  
The Law ◽  
The Government

Human Traffickingis one of the most common crimes occurs in Indonesia. To eradicate this crime, the government issued the 21/2007 of Human Trafficking Act (UU PTPPO). The statue sanctions persons committing the crime and providing protection to witnesses and victims. The law accomodate a number of penalties for the perpetrators of this crime, ranging from principal punishment, in the form of imprisonment and fine, to additional criminal and ballast. Although Islamic law does not explicitly regulate this crime, it is clearly contrary to Islamic principles of freedom, independence, equality and human dignity.

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.

The Perspectives of Islamic Law (Hadd Al-Syurb) on Aia Niro and Tuak (Khamr) Activities in Nagari Batu Payuang Halaban

Society ◽  
2020 ◽  
Vol 8 (1) ◽  
pp. 249-263
Author(s):  
Salma Salma ◽  
Robi Revianda ◽  
Taufik Hidayat
Keyword(s):  
Islamic Law ◽  
Raw Materials ◽  
Alcoholic Beverage ◽  
Self Control ◽  
Raw Material ◽  
Alcoholic Beverages ◽  
Community Group ◽  
Brown Sugar ◽  
The People ◽  
The Government

In Islamic law, khamr is a common type of alcoholic beverage that is forbidden for consumption due to its elements that can intoxicate and lead to loss of self-control. The government of Indonesia also forbids people from consuming the intoxicating beverage in certain levels. Nevertheless, a community group in Batu Payuang Halaban, Lima Puluh Kota Regency, West Sumatra Province, Indonesia, wherein their daily lives can be found a type of traditional beverage as same as khamr that is a fermented juice of sugar palm bunches. The people call it “tuak”. This research aims to investigate how the people of Nagari Batu Payuang produce aia niro and tuak, their motives for buying, selling, and consuming the drink, and judging it from the perspective of Islamic law (hadd al-syurb). This type of research is field research with a qualitative approach. Data sources consisted of primary and secondary. The data collection was conducted by observing the process of producing aia niro, tuak, and the transaction, and in-depth interviews with owners of sugar palm plantation, tuak producers, buyers, sellers, consumers, and local ulama (Islamic scholars). The data were analyzed in descriptive by reduction, display, and verification. To examine this research, the theory used was the concept of hadd al-syurb in Islamic law and the regulation on alcoholic beverages in Indonesia. The results show that aia niro is produced by extracting the bunches of male sugar palm and it is the raw material to produce tuak by leaving the aia niro in jerry cans and adding agarwood bark for 3 days. The sellers have various reasons to sell tuak and its raw materials. Besides the price is higher than brown sugar, it is also motivated by personal and other economic reasons as well as easier processing. People who drink tuak realize that it is intoxicating in a certain amount but they drink it to warm their bodies and relieve their fatigues. In the concept of hadd al-syurb, consuming tuak as an intoxicating substance is haram (forbidden) and is condemned to those who drink it. However, they who trade it are not punished by hudud since the Sunna proposition only refers to the transaction as an act of curse.

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 Discriminatory Practices in School Environment and Their Elimination Through School Mediation in Slovakia

2020 ◽  
Vol 15 ◽  
pp. 62-72
Author(s):  
Katarína Vanková
Keyword(s):  
Human Rights ◽  
Conflict Resolution ◽  
Educational System ◽  
Human Dignity ◽  
School Environment ◽  
Peer Mediation ◽  
Self Control ◽  
School Life ◽  
Conflict Situations ◽  
The Way

Teaching about human rights and freedoms means teaching about human dignity, tolerance between people, acceptance of people as they are, justice, equality, self-control, and self-assertiveness. Not to allow unfairness, deception, injustice, inequality, the humiliation of oneself and others. Tolerance in the school environment includes the acceptance of different views, different behaviors, a different relationship, but also toleration and patience in relation to others. A pupil who is unable to cope with conflicts is unable to adapt to changes and risks his own decline. The main problem is not that there are conflicts between us, but in the way how we respond to them, how we can deal with them, and what we do to prevent them, or what we do to successfully resolve them. Conflicts in the school environment are a natural part of school life, indicating, in particular, the presence of differences. Conflict resolution through school mediation represents the ability to not only perceive, understand but particularly respond to and resolve conflict situations with the help of a third neutral person. School and peer mediation can be a way how to teach pupils to develop strong friendships, even in an environment of diversity and differences; it can be a preparation for inclusive educational system.

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 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 Mobilisasi Tabungan Antara Keuangan Formal Dan Informal Dalam Sistem Keuangan Syariah

2017 ◽  
Vol 2 (2) ◽  
Author(s):  
Misbahul Khoir
Keyword(s):  
Financial Management ◽  
Islamic Law ◽  
Human Life ◽  
Financial System ◽  
Self Control ◽  
Management Process ◽  
Short Term ◽  
Informal Finance ◽  
The Future ◽  
Definition Of

Islam as a rule of life (nizam al-hayat) governs all sides of human life, including in terms of economic transactions, in doing saving activities too. So it also affects the institutions that receive savings funds. The definition of the Islamic financial system itself is a financial system that channels between parties who need funds and parties who have excess funds through financial products and services in accordance with the principles of sharia. The sharia principle is a principle based on the teachings of the Qur'an and Sunnah. In the Indonesian context, sharia principle is the principle of Islamic law in banking and finance activities based on fatwa issued by institutions that have authority in the establishment of fatwa in the field of sharia. From the background, the above description contains two important points. First, how is way of saving and investing from an Islamic point of view. Second, what is definition of Islamic Financial System. Both of these are first step in describing as problem in the scope of savings mobilization between formal and informal finance in the Islamic financial system. Islam forbids allowing idle assets, and encourages every wealth that we have to invest in the real sector. Saving is not a disbelief of the existence of sustenance from Allah SWT. Saving is a good management process of the provision of Allah SWT as a reflection of the attitude of our trust for sustenance given by Allah SWT. So it can be concluded, in the teachings of Islam, the saving is effort on the alert and as part of the household financial management process. By saving we have a time-forward perspective because it not only looks at short-term expenditures, but has made predictions of preparation for the future. Saving is part of self-control. By saving, it means that we are not carried by lust to meet the fulfillment of present or short-term satisfaction, but to control the fulfillment of our desire to be able to meet the needs of the future which is much more important. Saving is not a barrier for a person to give alms or zakah. People whose faith is strong and accustomed to saving then he will be able to expel zakah well and give alms more. People who are used to saving means having good financial planning. If so, the funds that he has will be more optimal, so will be able to pay zakah well and give alms more because the funds are well managed. Keywords: Saving Mobility, Formal and Informal Finance, Sharia Financial System

scholarly journals Prinsip Kemanusiaan Dalam Undang-Undang Antarabangsa Islam dan Relevansinya Dengan Undang-Undang Antarabangsa Masa Kini (Principles of Humanity in Islamic International Law and its Relevancy with Current International Law)

2020 ◽  
Vol 7 (2) ◽  
pp. 93-114
Author(s):  
Muhammad Fahmi Md Ramzan ◽  
Mohamad Zaidi Abdul Rahman ◽  
Bharuddin Che Pa ◽  
Nurfarhana Mohd Daud
Keyword(s):  
International Law ◽  
Human Dignity ◽  
Islamic Law ◽  
Human Life ◽  
International Community ◽  
Assessment Methods ◽  
Human Values ◽  
Historical Events ◽  
Legal Documents

This article aims to explore the principles of humanity in Islamic International Law, which include humanitarian principles in peace situation and in time of war and assess their suitability with current international law. To achieve this purpose, this article uses historical assessment methods and textual interpretations to study a string of historical events as well as analyze sources of text from the Quran, hadiths and other legal documents. The principles of humanity outlined in this paper are an important aspect of organizing relationships between humans either in peace or during the war. In fact, the Islamic Law of the Quran, the hadiths and actions of the Prophet ﷺ throughout history has always elevated human dignity and human values. The results show that Islamic International Law through its humanitarian principles contributes significantly to the regulation of human life in line with the development of international law. In light of the sentiment expressed by some of the international community that Islam is a terrorist religion, the humanitarian principles outlined in this article are expected to repel the allegations and thus formulate a set of ideas that will support and improve the implementation of existing international law

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