scholarly journals HAM dan Hukum Islam

2021 ◽  
Vol 17 (1) ◽  
pp. 145-158
Author(s):  
Gasim Yamani

Ham as an agreement made by humans, has legal force that is recognized by the whole world. On the other hand, Islam as a religion also has a source of law that regulates human life and of course the laws regulated in Islam are in the name of God and justice. Human rights debates often occur when Islamic law wants to be applied, for example, cutting hands, capital punishment and so on. Though the punishment is in the name of God and justice. This is the object of a research study on how Islam views human rights, this study has also been carried out by several researchers such as Sitti Aminah's writing with the title "Human Rights in the Perspective of the Qur'an", besides that there is an article from Nur Asiah who wrote an article with the title Rights Human Rights Perspective of Islamic Law. Although these two articles write about human rights, there is a difference with this research, which lies in the methodology and discussion. The methodology used is the comparative method, which means that comparisons between several cases of Islamic law and ordinary legal cases such as imprisonment and hand cutting are compared. The conclusion from the results of this study or this paper is that human rights and Islamic law both want to create justice, only that the difference between the source of the decision is if human rights are in the name of human justice while Islamic law is in the name of God and justice.

2018 ◽  
Vol 2 (2) ◽  
pp. 174
Author(s):  
Muhammad Zainuddin Sunarto

Social relations in modern times is now very universal, without limitation of religion, race, and class, then it allows two people of different religions into love, affection, and was about to enter into marriage. On the other hand, freedom of religion in Indonesia is guaranteed in the Constitution and protected in points on human rights. In Islamic law known several methods in the determination of a law one of which is Syad Zari’ah, is defined as preventive measures to avoid the ugliness. Imam al-Syatibi, One philosopher of Islamic law has its own ideas about these methods. In Usul al-Fiqh Study, Syad Zari’ah interpreted as closing the road that leads to destruction. Imam al-Syatibi at defining about Syad Zari’ah “do a job which all contain kindness changed to an ugliness”. someone doing a job that basically allowed because it contains a kindness, but the objectives to be achieved end on an ugliness. haram law in this case not because of his own actions, but the law forbidden here because the objectives to be achieved from such actions. this is called the practice of Syad Zari’ah. This method is deemed the application form from the rules of fiqh “dar’u al-mafasid muqaddamun ‘ala jalbi al-masalih”. From the other side, haram law here is also based of maqasid syari’ah in keeping religion in order to avoid switching to another religion


2019 ◽  
Vol 4 (1) ◽  
pp. 56-66
Author(s):  
Tajul Arifin

The application of capital punishment has become worldwide debate. European human rights have abolished the capital punishment in their legal system. However, some countries, including United States, have still established the capital punishment. In some Asia countries have still implemented capital punishment, including China, Indonesia, and Saudi Arabia. Those countries have received a significant benefit from the implementation of capital punishment. In this article, author will explore some benefit of capital punishment to create a peaceful and harmonious life. To create basic understanding, author have used theoretical background on crime-punishment connection. Author has also examined the restraining effects of the application of capital punishment on crime in several countries, and presenting some quantitative data. The final segment has displayed a fleeting discussion, and offering some generalizations. The purpose provides a clear conclusion, referred on the practice of various countries. This experience will have a significant benefit for development Islamic law in Aceh, Indonesia.


2012 ◽  
Vol 12 (1) ◽  
pp. 21
Author(s):  
Eficandra Eficandra

Ijtihad conducted by Ali ibn Abi Talib continuously to understand in depth the purpose of Islamic law and reason for its implementation, and to realize maslahah (the public good) for human life on earth. This Ijtihad was always supported by nas the Qur’an’s and Sunnah’s text) and also according to the spirit of Shari’ah. The results of Ali’s ijtihad if linked with the approach and application of maqasid al-shari’ah (the goals and objectives of Islamic law) as the study of usul al-fikih (the methodology of Islamic law) had many similarities. In another sense, Ali ibn Abi Talib was really smart to understand and apply maqasid al-shari’ah in the five types of maslahah, namely faith or religion, life or human self, intellect, lineage or posterity, and property or wealth. Likewise, in the application of the five maslahah, levels and priorities in the form daruriyyat (the essential benefits), hajiyyat (the complementary benefits), and tahsiniyyat (the embellishment benefits) was always be considered by him. On the other hand, if there was a clash between one maslahah with another maslahah, Ali ibn Abi Talib solved it by consideration of the level and priority in the implementation of mas}lah}ah to be realized.


Author(s):  
Ramzi Odah

  The present study examined the problematic relationship between democracy and the system of government in Islam, whereby considering that the concept of democracy represents a conceptually fundamental dilemma in Islamic political thought due to the link between this concept and secularism, and to the difference of opinion and diligence about it, and as a result of the expansion of the intellectual perspective of Islam as a religion without a state. This study found that there is a great degree - though not comprehensive - in the democratic conception covered by the Islamic political heritage through the inclusion of this heritage on the main dimensions of the theory of democracy in the contemporary sense; these dimensions are social contract, allegiance, Shura, human rights and the separation between the authorities. On the other hand, the study found that there are a number of religious, political, cultural and tribal factors that blended together and led to the exclusion of democracy as an explicit concept in the sources of Islamic political heritage despite the latter's coverage of the dimensions of democracy.  


2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Tedy Nopriandi ◽  
Risky Fany Ardhiansyah

The death penalty is one of old criminal type as the age of human life, and the most controversial crime in of all criminal systems, both in countries that adhere to the Common Law System and in countries that embrace Civil Law, Islamic Law and Socialist Law. There are two main thoughts about the death penalty, namely: first, those who want to keep it based on the force provisions, and second are those who wish to the abolition as a whole. Indonesia includes a country that still maintains capital punishment in a positive legal system. This paper aims to resolve problems of the death penalty concept concerning the controversy purpose of the death penalty and to analyze the regulations, procedures and philosophies regarding the death penalty in Indonesia, Saudi Arabia and China. This paper uses normative juridical research and the methods based on the doctrine and developed by the author. The approach used the legal approach, historical approach and comparative approach, then analyzed by the customary method.The result of the study shows that the death penalty can be seen from the philosophical aspects of Indonesian criminal law, as well as the philosophical aspects of Islamic and Chinese criminal law. So that everything can not be separated from the essential legal objectives, namely for the creation of justice. Death penalty in Islamic law turns out the concept of restorative justice specifically for the crime of deliberate killing (al-qatl al-'amd), which the execution highly depends on the victim’s family. The victim’s family, in this case, has the right to choose whether qisas (death penalty) or their apologize for the murder suspect, and diyat payment. While China in the implementation of death penalty applies the concept of rehabilitation, which in the execution of the death penalty is called a death penalty delay for two years and in its implementation, the defendant is given a job and control them. Whereas in Indonesia, capital punishment is a specific criminal offence and threatened with alternatives and is still a draft Criminal Code.


ULUMUNA ◽  
2009 ◽  
Vol 13 (1) ◽  
pp. 59-80
Author(s):  
Ikhwan Ikhwan

The principle of retroactiveness in The Act, Number 26 in 2000 on Human Rights Jurisdiction provokes pros and cons. In one hand, severe violence against human rights is an extra ordinary crime that requires special treatment. On the other hand, retroactive legislation is against the principle of legality. In Islamic law, an act is considered a crime if it is proven by juridical evidences. An act is not considered a crime unless there is punishment for it. Therefore, every juridical decision adheres to the principle of legality that limits the extent of a law just for the future, not retroactive. According to most Muslim scholars, the principle of retroactiveness could be implemented if a new law is more just and humane without breaking the attainment of law ends. Implementation of the principle for severe violence against human rights is not allowed because it does not meet such requirement.


2020 ◽  
Vol 3 (2) ◽  
pp. 185
Author(s):  
Alfa Syahriar ◽  
Zahrotun Nafisah

Islamic law is established to ensure that human interests related to basic rights inherent in their lives include: the right to life, descent, wealth, thought and respect, can be realized. According to the reality, the problems that arise related to these rights are very complex and sustainable. This consideration necessitates efforts to realize Islamic humanist law in the interests of human life. In Usul Fiqh there is the concept of maslahat, as a standard of how basic human rights can be ensured of their fullness and sustainability. And the theory of Maqashid al-Sharia is seen as quite effective in realizing benefit, which means it is a necessity to study the thoughts of al-Shathibi and Ibn Ashur, because both are seen as very influential figures in the development of Maqashid al-Sharia. Therefore, this study is intended to study in a qualitative-comparative way of thinking of the two figures using the Maqashid al-Sharia framework according to the Ulama of Ushul Fiqh of the Four Mazhab. The results of this study can be stated that the orientation of the theory of Maqashid al-Sharia according to al-Shathibi to realize the benefit of the world and the hereafter, while Ibn Ashur limits only the world. Furthermore, the theory of Maqashid al-Sharia al-Shathibi and Ibn Ashur in the review of Usul Fiqh of Four Mazhab can be stated still in the context permitted by Islamic Sharia.


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 ◽  
Vol 1 (1) ◽  
pp. 74-96
Author(s):  
Lukman Santoso ◽  
Devi Indah Lestari

A cooperation is an agreement between two or more people to do business and achieve common goals. Cooperation can be necessary for human life, considering that humans are social creatures who need each other. People in various circles have practiced cooperation in various fields. In various cooperation practices, there are often deviations from the agreement when initially making cooperation. This article explores the problems of implementing the cooperation agreement at the Semoyo Jaya welding workshop in a review of Islamic law. By using a qualitative approach and field research methods. Meanwhile, for data collection, using observation and interview techniques. This research concluded that the implementation of the cooperation agreement at the Semoyo Jaya welding workshop was not following the principles and elements of the agreement, namely, not fulfilling any of the rights and obligations contained in the contract. Meanwhile, the profit-sharing does not meet one of the syirkah inan requirements because one party is arbitrary in providing profits to the other party. This research can contribute practically to the parties that carry out cooperation to fulfill the agreement's terms based on Islamic legal values.Kerjasama adalah kesepakatan antara dua orang atau lebih untuk melakukan bisnis dan mencapai tujuan bersama. Kerjasama dapat diperlukan bagi kehidupan manusia, mengingat manusia adalah makhluk sosial yang saling membutuhkan. Orang-orang di berbagai kalangan telah mempraktikkan kerjasama di berbagai bidang. Dalam berbagai praktik kerjasama, seringkali terjadi penyimpangan dari kesepakatan pada saat awal melakukan kerjasama. Artikel ini mengupas permasalahan pelaksanaan perjanjian kerjasama pada bengkel las Semoyo Jaya dalam tinjauan hukum Islam. Dengan menggunakan pendekatan kualitatif dan metode penelitian lapangan. Sedangkan untuk pengumpulan data menggunakan teknik observasi dan wawancara. Penelitian ini menyimpulkan bahwa pelaksanaan perjanjian kerjasama di bengkel las Semoyo Jaya tidak sesuai dengan prinsip dan unsur perjanjian yaitu tidak memenuhi salah satu hak dan kewajiban yang tertuang dalam kontrak. Sedangkan bagi hasil tidak memenuhi salah satu syarat syirkah inan karena salah satu pihak sewenang-wenang dalam memberikan keuntungan kepada pihak lainnya. Penelitian ini dapat memberikan kontribusi praktis bagi para pihak yang melakukan kerjasama untuk memenuhi syarat-syarat perjanjian berdasarkan nilai-nilai hukum Islam.


2017 ◽  
Vol 2 (2) ◽  
Author(s):  
Abrar

Abstract: the greatest contribution of Ibn Khaldun to the Philosophy of Islamic Law is his sociology theory. This theory was based on three fundamental laws: first, his stand on the law of cause and effect in social reality, second, the similarity law of social phenomena that are applied in general but not absolute, third, the law of the difference and speciality of social phenomena that are constantly changing and varied in different space and time. These three basic laws became the basic epistemological assumptions in highlighting legal differences due to the difference in space and time. On the other hand, Ibn Khaldun's theory became the basis of the legal application of social engineering, later popularized as social engineering by Roscoe Pound. Abstrak: Konstribusi terbesar Ibn Khaldūn terhadap Filsafat Hukum Islam adalah teorinya tentang sosiologi yang dilandaskan pada tiga hukum dasar. Pertama, pendirian Ibn Khaldūn tentang adanya hukum sebab akibat dalam realitas sosial. Kedua, hukum keserupaan fenomena sosial yang berlaku umum akan tetapi tidak mutlak. Ketiga, hukum perbedaan dan kekhususan fenomena sosial yang terus berubah dan berbeda oleh perbedaan ruang dan waktu. Ketiga hukum dasar di atas menjadi asumsi dasar epistemologis dalam menyorot perbedaan hukum akibat perbedaan ruang dan waktu. Di sisi lain, teori Ibn Khaldūn menjadi dasar keberlakuan hukum sebagai alat rekayasa sosial, yang kemudian dipopulerkan dengan social engineering oleh Roscoe Pound. Kata kunci: Filsafat Hukum Islam, Social Engineering


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