scholarly journals Comparison of Maqasid al-Shari�ah asy-Syathibi and ibn �Ashur perspective of Usul al-Fiqh four mazhab

2020 ◽  
Vol 3 (2) ◽  
pp. 185
Author(s):  
Alfa Syahriar ◽  
Zahrotun Nafisah
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Human Life ◽  
Right To Life ◽  
Basic Rights ◽  
The World ◽  
Way Of Thinking ◽  
The Right

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.

scholarly journals Longitudinal Form and the Human Conceptus

1996 ◽  
Vol 63 (1) ◽  
pp. 14-24
Author(s):  
Ashley K. Fernandes
Keyword(s):  
Human Rights ◽  
Human Life ◽  
Right To Life ◽  
Very Old ◽  
The World ◽  
Moral Precept ◽  
The Government ◽  
The Right

Human rights are not a privilege conferred by the government They are every human being's entitlement by virtue of his humanity. The right to life does not depend, and must not be declared to be contingent, on the pleasure of anyone else, not even a parent or sovereign … I have no new teaching for America. I seek only to recall you to faithfulness to what you once taught the world Your nation was founded on the proposition — very old as a moral precept, but startling and innovative as political insight — that human life is a gift of immeasurable worth, and that it deserves, always and everywhere, to be treated with the utmost dignity and respect — Mother Theresa of Calcutta (1994) 1

scholarly journals MEMILIH PASANGAN BAGI ANAK PEREMPUAN: KAJIAN FIQIH & HAM

2016 ◽  
Vol 14 (1) ◽  
Author(s):  
Masthuriyah Sa’dan
Keyword(s):  
Human Rights ◽  
International Law ◽  
Islamic Law ◽  
Reproductive Rights ◽  
Muslim Women ◽  
World Conference ◽  
Islamic Jurisprudence ◽  
The World ◽  
Muslim Men ◽  
The Right

In Islamic jurisprudence (fiqh), the right to choose a partner for a woman is set by families. This then becomes the spotlight of many circles who argue that fiqh is discriminatory against women. Muslim men have the right to decide with whom to marry. In contrary, Muslim women do not have such a right. Women right is taken over by parents in the name of Islamic law. In the World Conference on Population and Women in Cairo-Egypt in 1994, however, women were proclaimed to have their own reproductive rights that must be protected and maintained. One form of the demands of the reproductive rights is the right of women to determine their own life partner. This paper wants to examine the right to choose a husband for women from the perspective of Islamic law and international law on human rights. Keywords: the right to choose, women, Islamic law, human rights.

scholarly journals Defining and Achieving Freedom from Hunger: A Rights-Based Approach

2013 ◽  
pp. 54-64
Author(s):  
Saurav Ghimire
Keyword(s):  
Human Rights ◽  
Social Class ◽  
Armed Conflict ◽  
Human Being ◽  
Right To Life ◽  
Human Right ◽  
Short Life ◽  
The World ◽  
The Right ◽  
Wrong Place

If one is born in the right part of the world and in right social class, the problem of being hungry has its solution in the nearest refrigerator. However, if the situation is reverse, one may go hungry throughout one’s short life, as 800million born in the wrong place and in wrong social class are doing as we discuss the concern. Peace cannot exist where the hunger prevails as the former signifies not merely the absence of armed conflict but the establishment of human rights for all people, and no human right is worth anything to a starving person. That is why the freedom from hunger is fundamental to live as human being and is a necessary part of right to life.

scholarly journals HUKUM ABORSI DALAM PERSPEKTIF INTERKONEKTIF (TINJAUAN DARI HUKUM ISLAM DAN HUKUM POSITIF INDONESIA)

2019 ◽  
Vol 3 (1) ◽  
Author(s):  
Sigit Wibowo
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Health Workers ◽  
Legal Aspects ◽  
High Rate ◽  
Religious Leader ◽  
Right To Life ◽  
Law Enforcement Officials ◽  
Legal Position ◽  
The Right

Abstrak Pasal 3 Deklarasi Universal Hak Asasi Manusia 1948 menyatakan bahwa "setiap orang memiliki hak untuk hidup, kebebasan, dan keamanan pribadi". Demikian juga dalam pasal 28 huruf A UUD 1945 bahwa "Setiap orang memiliki hak untuk hidup dan memiliki hak untuk mempertahankan kehidupan dan hidupnya". Ini berarti bahwa hak untuk hidup dijamin oleh hukum. Legalisasi Aborsi di Indonesia adalah percakapan yang cukup populer di kalangan aparat penegak hukum dan petugas kesehatan (kedokteran). Selain itu, ini menyangkut aspek interkoneksi-integrasi antara aspek hukum positif dan aspek hukum Islam. Oleh karena itu menimbulkan masalah mengenai bagaimana posisi hukum tindakan aborsi dalam perspektif interkoneksi hukum Islam dan hukum Indonesia yang positif? Posisi hukum Aborsi adalah tindakan yang melanggar hukum dan tidak dibenarkan dalam keadaan apa pun kecuali untuk kepentingan ibu. Ini telah diatur dalam hukum negara, juga dalam hukum Islam termasuk fatwa MUI nomor 4 tahun 2005 yang pada dasarnya melarang karena lebih banyak ruginya daripada manfaatnya. Aborsi memiliki dampak yang sangat berbahaya pada seseorang yang melakukannya, baik dari segi kesehatan maupun sosial, termasuk degradasi moral bagi para pelaku. Pelaku juga dijerat dengan hukuman fisik dalam bentuk penjara setelah menerima keputusan oleh hakim yang telah memperoleh kekuatan hukum. Untuk menghilangkan tingginya tingkat aborsi, termasuk kematian yang disebabkan oleh aborsi yang tidak aman, diperlukan tiga pendekatan, yaitu hukum, medis dan agama, serta moral. Kata Kunci: Hak Asasi Manusia, Aborsi, Hukum Islam. Abstract Article 3 Universal Declaration of Human Rights 1948 states that "everyone has the right to life, liberty, and security of person". Likewise in article 28 point A of the 1945 Constitution that "Every person has the right to live and has the right to defend his life and life". This means that the right to life is guaranteed by law. Legalization of Abortion in Indonesia is a conversation that is quite popular among law enforcement officials and health workers (medicine). Moreover, it concerns the interconnective-integration aspects between positive legal aspects and aspects of Islamic law. Therefore it raises problems regarding how the legal position of abortion acts in the interconnective perspective of Islamic law and positive Indonesian law? The legal position of Abortion is an act that violates the law and is not justified under any circumstances except for the benefit of the mother. This has been regulated in State law, as well as in Islamic law including the Indonesian Religious Leader (MUI) Fatwa Number 4 of 2005 which essentially prohibits because more harm than benefits. Abortion has a very dangerous impact on someone who does it, both in terms of health and social, including moral degradation for the perpetrators. The perpetrator was also ensnared by a physical sentence in the form of a prison after receiving a decision by a judge who had obtained legal force. To eliminate the high rate of abortion, including deaths caused by unsafe abortion, three approaches are needed, namely legal, medical and religious, as well as moral. Keywords: Human Rights, Abortion, Islamic Law.

scholarly journals Protection of the Right to Life under Modern International Law and Prophetic Law: A Comparative Study

rahatulquloob ◽  
2019 ◽  
Vol 3 (2(2)) ◽  
pp. 52-74
Author(s):  
Muhammad Sohail ◽  
Saqib Jawad
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Islamic Law ◽  
Primary Concern ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Right To Life ◽  
The One ◽  
The Right ◽  
Substantive Law

The right to life is often said to be mother right and most important fundamen-tal right of all rights. The application and criteria of protection of the right to life differs under international humanitarian law (IHL) and human rights law (HRL). As a general conception, IHL is applicable only during armed conflict and HRL is applicable in all other situations excepting armed conflict. This conception though has been proved to be wrong, however, the primary concern regarding the protection of the right to life during armed conflict is that of IHL. However, it does not mean that HRL has nothing to do with an armed conflict or IHL is having no concern about the protection of the right to life beyond armed conflict, rather it means that standard and criteria of protection of the right to life during armed conflict differs in both these branches of internatio-nal. When the question arises with regard to the protection of the right to life during armed conflict, different answers are found in both these disciplines. The substantive law as well as case law of both the branches differ in this regard to such an extent that a person may lose the protection of his right to life under IHL on the one hand, while still holding such protection under HRL on the other. While Islamic Law does not differentiate between humanitarian law and human rights law, rather in Islam, protection of the right to lie has been ensured on equal footings in and outside an armed conflict. The paper focuses the main causes of differences between IHL and HRL. Consequently, sorting out the best possible manner in which such differences can be removed and resultantly by recommending the standard and criteria as to how the right to life can be best protected.

scholarly journals TODAY’S THREATS OF HUMAN RIGHTS IN THE CONTEXT OF PROTECTION OF THE RIGHT TO LIFE

10.23856/2915 ◽  
2018 ◽  
Vol 29 (4) ◽  
pp. 128-134 ◽  
Author(s):  
Jerzy Koperek ◽  
Adam Koperek ◽  
Abraham Kome
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
The State ◽  
Social Structures ◽  
Modern World ◽  
Natural Death ◽  
Right To Life ◽  
The World ◽  
Legalize Abortion ◽  
The Right

In the modern world protecting the right to life encounters various obstacles. Personalistic ethics encouraging attitudes pro vita is also taking the dialogue with contemporary philosophical and political currents, including those that do not accept the integral concept of man, but rather they are in favor of his reductionist vision, which in turn it lead to reduced ability to protect human rights, despite their proclamation as the rights of individuals. Appearing in this position „anthropological error”, it also leads to a reductionist vision of social structures such as family, society, nation or state. Moreover, such a vision of man and the world around him, it also determines the constitutional dimension of the state. Consequently, this leads to the creation and operation of various forms of democracy that instead create conditions for legal protection of the right to life from conception to natural death, legalize abortion and euthanasia. This is a serious contemporary threat to the right to life.

scholarly journals HAK-HAK ASASI MANUSIA DALAM HUKUM ISLAM

2008 ◽  
Vol 2 (1) ◽  
pp. 3
Author(s):  
Tutik Hamidah
Keyword(s):  
Human Rights ◽  
Human Development ◽  
Islamic Law ◽  
Family Law ◽  
Fundamental Problem ◽  
Human Beings ◽  
Basic Rights ◽  
The World

<p>Human rights objectively aim noble. It grants basic rights to human beings without distinction of origin, race, color, sex, language or religion. The concept of human rights in maqasid al syariah is Islamic sharia is prescribed in order to protect the human benefit by protecting the interests, safety and welfare of human beings both in life in the world and in the hereafter. The fundamental problem, if Islamic law is confronted with human rights is at least in family law. There arose some offers of methods of understanding nas in order to respond to human development. A verse of qatb'i is by analyzing a number of verses so that a unified understanding of the verses can be obtained. The collaboration of some of these verses shows that the understanding contained therein is definite and undeniable. then the tension in Islamic law, especially allegations of discrimination against women and non-Muslims can be avoided without any need to have allegedly left the Qur'anic verses.</p><p> </p><p>Hak-hak Asasi manusia secara obyektif bertujuan mulia. la memberi hak-hak dasar kepada manusia tanpa membedakan asal-usulnya, baik ras, warna kulit, jenis kelamin, bahasa maupun agama. Konsep HAM dalam maqasid al syariah yaitu syariah Islam disyariatkan dalam rangka melindungi kemaslahatan manusia dengan melindungi kepentingan, keselamatan dan kesejahteraan manusia baik dalam hidup di dunia maupun di akhirat. Problem yang mendasar, jika hukum Islam dihadapkan kepada HAM paling sedikit adalah pada hukum keluarga. Muncullah beberapa tawaran metode memahami nas dalam upaya merespon perkembangan kemanusiaan. Suatu ayat <em>qatb 'i </em>adalah dengan menganalisis sejumlah ayat sehingga bisa diperoleh suatu pengertian yang searah dari ayat-ayat tersebut. Kolaborasi sejumlah ayat tersebut menunjukkan bahwa pengertian yang terkandung di dalamnya bersifat pasti dan tak terbantah. maka ketegangan dalam Hukum Islam, khususnya tuduhan diskriminasi terhadap wanita dan non-muslim bisa dihindarkan tanpa perlu ada tuduhan telah meninggalkan ayat-ayat al quran.</p><p> </p>

scholarly journals KEPEMIMPINAN PEREMPUAN DI RANAH PUBLIK DALAM KAJIAN PERSPEKTIF FIQIH

2020 ◽  
Vol 5 (1) ◽  
pp. 104
Author(s):  
Henderi Kusmidi
Keyword(s):  
Information Technology ◽  
Human Rights ◽  
Islamic Law ◽  
Women's Leadership ◽  
Public Spheres ◽  
The World ◽  
Pros And Cons ◽  
Public Area ◽  
And Gender ◽  
The Right

Abstract: The existence of women in the context of strategic leadership in various lines of life including in government becomes a controversial issue among classical and contemporary scholars. Some scholars tend to allow women to be leaders in strategic positions, while some other scholars tend not to allow women to be leaders. Their views on whether or not women can become leaders are supported by each of the arguments they build. However, if each of the arguments they build is analyzed comprehensively, then it seems that the more logical and rational views of the scholars who tend to allow women to become leaders with consideration of the benefits and interpretations that will result. The implications of this are creative, innovative, constructive and gender equality perspectives in the context of leadership in all walks of life of people, nations and countries in the current era of globalization, reform and advancement of information technology. Women's leadership becomes a public issue that is always hotly discussed, even provoking polemics and debates between the pros and cons of women's leadership in the State or other public spheres. Despite the recognition of basic human rights including the right of women to be equal with men, it seems to have experienced a significant increase in various parts of the world. In terms of leadership, the position of women is still faced with the position of men. Women are considered not fit to occupy positions related to power that are considered appropriate only for men. finally to the kitchen is also often used as a tool to justify acts of injustice against women.Keywords: Leadership, Womans, Public Area dan Islamic Law;

scholarly journals Right to life and use of absolutely necessary force: Standards of European Court of Human Rights and situation in Serbia

2020 ◽  
Vol 62 (3) ◽  
pp. 62-86
Author(s):  
Danilo Stevandić
Keyword(s):  
Human Rights ◽  
Human Life ◽  
Democratic Society ◽  
European Convention ◽  
Constitutional Court ◽  
Right To Life ◽  
Legal Standards ◽  
European Court ◽  
The Republic ◽  
The Right

The right to life falls under the category of fundamental human rights, which are guaranteed to every person, under all circumstances and in all places. Nevertheless, the right to life is subject to certain restrictions required by reasons considered justified according to standards prevalent in a democratic society. After laying special stress on the relevant provisions set forth in the European Convention for the Protection of Human Rights and Fundamental Freedoms, the paper further tackles the basic viewpoint of the European Court of Human Rights on the Protection of the Right to Life and implementation of the "absolutely necessary force" criterion, after which it addresses the compliance of domestic law with the European legal standards in this area. The legal standard concerning absolutely necessary force means a higher degree of necessity in relation to the standard detailing on what is "necessary in a democratic society" and therefore represents the ultima ratio for achieving a legitimate goal. As a last resort intended for the protection of human life, the force has to be aimed at protecting physical integrity and thus it is proportionate to the threatening violence, i.e., clear and imminent danger to human life. The European Court of Human Rights assesses whether the force that was used is proportional to the achievement of legitimate goals and thereby absolutely necessary according to the criteria of a democratic society by applying a more stringent necessity and proportionality tests in each specific case. The legal standards of the European Court of Human Rights, especially the standards on the use of absolutely necessary force, both support and affirm the protection of the right to life and concurrently shape the practice of the Constitutional Court of Serbia. The establishment of a normative and institutional framework has created elementary prerequisites for effective protection of the right to life in the Republic of Serbia, whilst breach of its procedural obligation is the most common reason for its responsibility with respect to violations of the right to life.

scholarly journals The Interpretation of Freedom of Religion and Believe: How Do University Understand This to Society?

2020 ◽  
Vol 2 (1) ◽  
pp. 15-28
Author(s):  
Rurin Sisilia Prasetyani ◽  
Shally Saniyya Novina
Keyword(s):  
Human Rights ◽  
Human Freedom ◽  
Freedom Of Religion ◽  
Political Rights ◽  
Right To Life ◽  
Basic Rights ◽  
Protestant Christians ◽  
Religion And Ethnicity ◽  
The Government ◽  
The Right

This paper is based on the condition of freedom of religion and belief and people's understanding of the meaning of freedom of religion and belief which is still wrong and ambiguous. In fact, as dignified beings, humans have a number of basic rights that must be protected, such as the right to life, the right to political rights, the right to assemble, as well as the right to religion and belief. Human rights values ​​teach that these basic human rights are protected and respected. Human rights teach the principle of equality and human freedom so that there can be no discrimination, exploitation and violence against humans in any form and also there should not be any restrictions and restrictions on basic human freedoms, including the right to freedom of religion. The Indonesian nation is a pluralistic nation. There are various kinds of ethnicity, race, religion, and ethnicity that cause diversity in Indonesia. Although the majority of Indonesian people are followers of Islam, however, in Indonesia there are also several other official religions recognized by the government, namely, Catholic Christians, Protestant Christians, Hindus, Buddhists, and Confucians. Therefore, every person has the right to freedom of religion or belief, that means no one may be subject to coercion that would interfere with his freedom to adhere to or embrace a religion or belief of his own choice.

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