scholarly journals Kontroversi Perbudakan dalam Perspektif Kaidah al-Aṣl fī al- Abḍā’ al-Tahrīm

2021 ◽  
Vol 2 (3) ◽  
pp. 457-471
Author(s):  
Asri Asri ◽  
Fauziah Ramdani ◽  
Aswar Aswar ◽  
Andi Ruqayyah Rahman
Keyword(s):  
Qualitative Research ◽  
Human Rights ◽  
Sexual Intercourse ◽  
Islamic Law ◽  
Human Rights Violations ◽  
Sexual Relations ◽  
Men And Women ◽  
The Law ◽  
Descriptive Qualitative

This study aims to determine the explanation of slavery in the view of Islam and resolve the slavery controversy raised by liberals and non-Muslims who are trying to attack Islam with accusations of human rights violations and to find out in more detail the legal discussion of sexual relations outside of marriage (non-marital) in the perspective of the rules of al-Aṣl fī al-abḍā' al-tahrīm. This research is a descriptive-qualitative research with a normative juridical approach to analyze the data and obtain conclusions about the slavery controversy in the perspective of the al-aṣl fī al-abḍā' al-tahrīm rule. The results of the study reveal that in Islam the law of non-marital sexual intercourse or adultery has been regulated by Allah swt in the Qur'an and hadith absolutely, namely the law of lashing a hundred times or being exiled for a year for the adulterer ghairu muḥṣan (unmarried) and the law of stoning (married) for muan adulterers. So non-marital sexual relations are absolutely not allowed in the teachings of Islamic law, as the meaning of the rule of al-aṣl fī al-abḍā' al-tahrīm, namely the original law in jima 'or sexual relations between men and women are haram.

scholarly journals FORCED SEXUAL RELATIONSHIP HUSBAND WIFE in ISLAM: MAQĀṢID SHARĪ'AH PERSPECTIVE

2021 ◽  
Vol 6 (1) ◽  
pp. 49-72
Author(s):  
Eki Resa Firiski
Keyword(s):  
Domestic Violence ◽  
Sexual Violence ◽  
Sexual Intercourse ◽  
Islamic Law ◽  
Sexual Relationship ◽  
Sexual Relations ◽  
Men And Women ◽  
Library Research ◽  
Islamic Religion ◽  
Husband And Wife

This article is the result of library research. The direction of this research discussion is how the Islamic religion addresses the issue of forced sexual intercourse between husband and wife. This article discusses vis a vis between maqāsid sharī'ah and Law Number 23 of 2004 concerning the Elimination of Domestic Violence. Claim of this research is the forced sexual intercourse of husband and wife according to Law Number 23 of 2004 is in line with the objectives of Islamic law (maqashid syar'iah) which is to protect tauhid/monotheism (hifd al din) men and women. The equality of relations between men and women is contained in the teachings of mu'āsharah bi al-ma'rūf (good association). Sexual violence can occur in both husband and wife. If the husband forces sexual intercourse, then it is prohibited. Vice versa, if the wife refuses to have sex without a syar'i reason, then this is also prohibited. not allowed. According to Islamic law, sexual violence can be punished with a finger of ta'zir sanction. Islam forbids acts of forced sexual intercourse as well as violence by husbands against their wives. And vice versa. Islam came with the main mission of realizing the benefit of all creatures, men and women. Islam teaches equal and equal sexual relations between husband and wife. Keywords: forced sexual intercourse, maqashid shari'ah   Abstrak Artikel ini adalah hasil dari penelitian kepustakaan. Arah diskusi penelitian ini adalah bagaimana agama islam menyikapi  isu pemaksaan hubungan seksual suami istri. Artikel ini mendiskusikan vis  a vis antara maqāsid sharī’ah dan Undang-Undang Nomor 23 Tahun 2004 Tentang Penghapusan Kekerasan Dalam Rumah Tangga. Klaim penelitian ini adalah bahwa pemaksaan hubungan seksual suami istri menurut Undang-Undang Nomor 23 Tahun 2004 selaras dengan tujuan syariat islam (maqashid syar’iah) yaitu melindungi ketauhidan (hifd al dīn) laki-laki dan perempuan. Kesetaraan relasi laki-laki dan perempuan tertuang dalam ajaran mu’āsharah bi al-ma’rūf. Kekerasan seksual dapat terjadi pada istri maupun suami. Jika suami memaksa hubungan seksual, maka itu dilarang. Demikian pula sebaliknya, jika istri menolak berhubungan tanpa alasan yang syar’i, maka ini juga dilarang. tidak diperbolehkan. Menurut hukum Islam, kekerasan seksual dapat dipidana dengan sanksi jarimah ta’zir. Islam melarang tindakan pemaksaan hubungan seksual juga kekerasan yang dilakukan suami atas istri.dan juga sebaliknya. Islam datang dengan misi pokok mewujudkan kemaslahatan bagi seluruh makhluk, laki-laki maupun perempuan. Islam mengajarkan relasi seksual suami–istri yang sejajar dan setara. Kata Kunci : pemaksaan hubungan seksual,  maqashid syari’ah

scholarly journals Legal Protection of Women Forced to Married In Islamic Law and Human Rights Perspective

2020 ◽  
Vol 10 (1) ◽  
pp. 18
Author(s):  
Anwar Hafidzi ◽  
Rina Septiani
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Legal Protection ◽  
Marriage Law ◽  
Legal Literature ◽  
The Law ◽  
The Republic ◽  
The Right ◽  
Descriptive Qualitative

This study aims to determine the legal protection of women who are forced to marry according to Islamic law and human rights. The method used in this research is descriptive qualitative with a normative legal approach, namely by analyzing the problem through data from the legal literature. The results of the research found that the marriage law in Indonesia does not recognize the right to consent, on the contrary, the law requires the consent of both parties to enter into a marriage with pleasure without coercion. This is based on the Law of the Republic of Indonesia Number 39 of 1999 concerning Human Rights and Marriage Law Number 1 of 1974. Once the reinterpretation of the right to ijbar is considered objective because this concept is based on the form of protection and responsibility in choosing one's life partner.  

scholarly journals Eyelash Extension dalam Perspektif Hukum Islam

2020 ◽  
Vol 1 (4) ◽  
pp. 532-552
Author(s):  
Iskandar Iskandar ◽  
Hijrayanti Sari ◽  
Nurul Atika
Keyword(s):  
Qualitative Research ◽  
Human Hair ◽  
Islamic Law ◽  
Eye Injuries ◽  
Research Results ◽  
Islamic Perspective ◽  
The Law ◽  
The Impact ◽  
Descriptive Qualitative

This study aimed to identify the law of using eyelash extensions from the perspective of Islamic law, as well as what the scholars think about it. To get answers to this problem, descriptive qualitative research (non-statistical) was used which focused on the study of texts and texts and used historical and phenomenological approaches. The research results found are; First, eyelash extension is a method of lengthening and adding lashes with the aim of adorning or beautifying the eyes. Second, the eyelash extension procedure is done by gluing the lashes together with the original perimeter lashes using a special glue. As for the impact of eyelash extensions, it causes eyelashes to fall out, irritation, allergies, and eye injuries. Third, in determining the law of eyelash extensions from an Islamic perspective, the authors explore the law by applying eyelash extensions to the hair, and in this case, the scholars have different opinions. If real (human) hair is used, the majority of scholars forbid it. As for using synthetic hair, the scholars have different opinions, some permit while some others absolutely prohibit using either real hair or synthetic hair, and there are also those who differentiate the law by seeing whether the woman is married or not. If a woman is not married, it is not allowed, as for those who

scholarly journals PEREMPUAN DAN HAK ASASI MANUSIA DALAM PERSPEKTIF HUKUM ISLAM

2010 ◽  
Vol 40 (4) ◽  
pp. 440
Author(s):  
Uswatun Hasanah
Keyword(s):  
Human Rights ◽  
Women's Rights ◽  
Islamic Law ◽  
Women’S Rights ◽  
Human Beings ◽  
Proper Understanding ◽  
Men And Women ◽  
Correct Understanding

AbstrakIn Islamic law, there are principles of equality among all human beings,including equality between men and women. To manifest the principles ofequality, proper understanding of Islamic law and human rights is needed.Human rights, including women's rights are often mentioned in al-Qur'anand al-Hadits. Islam comes to bring fresh air for women because God'srevelation descended to Prophet Muhammad talks much about women, bothabout their rights and obligations. Although Islam has been present for morethan fourteen centuries ago, but the provisions contained in al-Qur 'an andthe al-Hadith, as sources of Islamic law have not been realized properly inIslamic society, even until today there are still practices in Islamiccommunities that put Muslims women not as they should. Although therewere not many, but the condition can lead to incorrect understanding ofIslam in society that Islam less aware ofwomen's rights. Infact, Islam givesgreat attention and gives a respectable position for women. In order that thewomen's rights can be implemented appropriately, every Muslim shouldunderstand Islamic law well and correctly, so they can realize their rightsand obligations as servants of God, as members of society and citizens.Human rights and women issues should be perceived as a problem faced notby women only, but also by all people in society. Awareness about women'srights in Islam cannot establish by itself but must be cultivated through acorrect dissemination of correct understanding to the community,particularly Muslims, both men and women.

scholarly journals HEROISM IN RUDYARD KIPLING’S NOVEL THE JUNGLE BOOK

2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Hartini Selian ◽  
Jumino Suhadi ◽  
M. Manugeren
Keyword(s):  
Qualitative Research ◽  
Human Rights ◽  
Qualitative Method ◽  
Rudyard Kipling ◽  
The Novel ◽  
Social Inquiry ◽  
The World ◽  
The Way ◽  
Descriptive Qualitative

Abstract This study is about heroism in the novel The Jungle Book by Rudyard Kipling. There are three points of discussion under this title: giving protection, defending rights and gratitude. Defending rights is associated with heroic deeds. A hero is a random citizen that rises to an occasion and performs an action of superhero proportions. Gratitude implies thankfulness or an appreciation of benefits conferred together with a desire, when practicable, to return those benefits. Defending rights is tied to human rights which are universally applicable to one and all. These are the significant components of heroism. One of the relevant and outstanding modern theories of heroism applied here is proposed by Gibbon (2009) stating that hero is just an average man who fights to solve a common problem in today’s society. The study is conducted with Descriptive Qualitative Method proposed by Haughman (2009) in which he states that Qualitative research is a form of social inquiry that focuses on the way people interpret and make sense of their experiences and the world in which they live. Kipling leads children down the jungle path into adventures beyond their day to day imagining and along the way he shows the value of ‘doing for yourself', of 'learning who to trust'. The result shows that heroism is highlighted through the major characters and the conclusive points are some of the significant characters such as Mowgli, Father Wolf, Mother Wolf, Hathi, and Bagheera have done heroic deeds. Their heroism is presented in the forms of giving protection, defending rights and gratitude. Keywords: heroism, human rights, gratitude

scholarly journals PENERAPAN PRINSIP SYARIAH DALAM PEYELENGGARAAN LAYANAN PINJAM-MEMINJAM BERBASIS FINTECH

2020 ◽  
Vol 6 (7) ◽  
pp. 1521
Author(s):  
Basrowi Basrowi ◽  
Julianas Julianas
Keyword(s):  
Qualitative Research ◽  
Information Technology ◽  
Islamic Law ◽  
Service Providers ◽  
Secondary Data ◽  
Accounts Payable ◽  
Financial Transactions ◽  
Financial Technology ◽  
Descriptive Qualitative

This study aims to describe the application of sharia principles in the implementation of fintech-based lending services. The method used in this study is descriptive qualitative research and literature. The data used is secondary data from various relevant and up to date literature. Based on the results of the analysis it can be concluded that accounts payable is an agreement between two parties giving money or goods to a second party to be utilized. In terms of engagement in accordance with Islamic law or according to sharia, contracts through information technology media still have to fulfill harmony and terms of contract. The contract scheme implemented by service providers includes the Wakalah bil Ujrah contract and the Musyarakah contract. In the field of muamalah known as the principle of Islamic law, namely the principle of skill or change. The terms of Ijab Qobul must describe the agreement of the parties to enter into the online debt agreement. To achieve this, it is necessary to apply the principles of Islamic engagement, sharia, into financial transactions and other businesses that are consistently related.Keywords: financial technology, sharia, principle

Government Supervision In Overcoming Problems Drinking Tuak At The Gunung Meriah Aceh

2021 ◽  
Vol 7 (3) ◽  
pp. 1313
Author(s):  
Khairuddin Khairuddin
Keyword(s):  
Qualitative Research ◽  
Data Collection ◽  
Islamic Law ◽  
Ordinary People ◽  
The People ◽  
Government Supervision ◽  
The Law ◽  
The Government ◽  
Depth Interviews

<div class="translate-tooltip-mtz hidden"><div class="header"><div class="header-controls"><em>The people of Gunung Meriah still find many addictions to drinks that can be intoxicating, such as drinking tuak. Therefore, this study aims to find out how the supervision of the government and the community in minimizing wine drinkers and sellers in Gunung Meriah District and Islamic views on the law of drinking tuak, as well as how to sanction those who drink it. To complete this research, the writer uses qualitative research. The techniques used in data collection are observation and in-depth interviews with informants. The result of the research shows that some of the people of Gunung Meriah like to drink tuak, both from officials and ordinary people. 25% of Mount Meriah people are addicted to this tuak drink, it is drunk on certain occasions such as parties or other days. The government does not pay much attention to the problem of tuak drinks, which can be seen from the lack of cases of drinkers and sellers of wine being appointed and given appropriate punishments, only a few people have reached the stage of punishment. Likewise, the community does not interfere too much in dealing with the problem of tuak drinkers and sellers, even though this problem is very serious. Drinking tuak, in the perspective of Islamic law, is a drink that is prohibited because it is intoxicating.</em></div></div><div class="controls"> </div></div>

scholarly journals Human rights in Muslim law: current issues

2021 ◽  
pp. 12-16
Author(s):  
I.I. Maryniv ◽  
K.R. Malik
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Skin Color ◽  
Islamic Law ◽  
Social Background ◽  
Positive Law ◽  
Muslim Countries ◽  
General Principles Of Law ◽  
The Law ◽  
Islamic Society

The article is devoted to the study of the peculiarities of the legal system of Muslim countries. The author analyzes the essence of the concept of human rights and freedoms in Muslim law, as well as comparative characteristics with the Western legal system. The general principles of law in the Muslim system, due to the peculiarities of its historical formation, establish the criteria of conformity of positive law to the values of a particular society, limiting the action of a law to generally accepted moral criteria. It is noted that certain aspects of Sharia have different meanings for followers of Islam and those who do not adhere to this faith. In a ratio religious and secular rules of conduct operate differently. The author points out that in the theory of Muslim law, all people are equal regardless of their social background, skin color or language. It also speaks of the equality of all before the law and the court, but in practice a completely different situation arises. The article analyzes the disrespect for women's rights and the fact that women are essentially unprotected in Islam. It is noted that human rights, which should be universal in nature, were neglected by delegates to the 1993 UN Human Rights Conference in Vienna. In view of this, Islamic society is faced with the question: either Islam and Sharia, or democracy and human rights. At the same time, no explanation was given as to why one should be chosen over the other. The author proposes to gradually incorporate Muslim law into the law of Western countries, but only with respect for the national and cultural peculiarities of the East. It also highlights the importance of developing categories of human rights in the Muslim legal system, taking into account the standards of the Western concept of human rights and conducting a detailed study of Islamic law, rather than simply adding Western notions of natural human rights to Muslim law.

scholarly journals Kepercayaan Masyarakat terhadap Kinerja Hakim Mahkamah Konstitusi dalam Rangka Penegakan Konstitusi di Indonesia

2015 ◽  
Vol 10 (2) ◽  
pp. 153
Author(s):  
Arif Sharon Simanjuntak
Keyword(s):  
Qualitative Research ◽  
Research Methodology ◽  
Social Trust ◽  
Code Of Conduct ◽  
Constitutional Court ◽  
Court Judge ◽  
The Social ◽  
Qualitative Research Methodology ◽  
The Law ◽  
Descriptive Qualitative

Tujuan penelitian ini untuk menganalisis kepercayaan masyarakat terhadap kinerja hakim konstitusi berdasarkan putusan yang saling bertentangan tersebut. Digunakan pendekatan yuridis sosiologis. Metode penelitian yang digunakan adalah metode deskriftif-kualitatif. Teknik pengumpulan data dilakukan dengan wawancara dan observasi serta studi pustaka. Untuk memeriksa objektifitas dan keabsahan data dilakukan dengan teknik triangulasi data. Hasil penelitian menemukan kepercayaan masyarakat masih tinggi terhadap kinerja hakim konstitusi. Namun, putusan bertentangan yang dikeluarkan oleh Mahkamah Konstitusi menimbulkan kekacauan konstitusional. Akan tetapi tidak ada aturan yang melarang Mahkamah Konstitusi untuk membuat putusan yang bertentangan. Dalam meningkatkan kepercayaan masyarakat Mahkamah Konstitusi harus menjaga transparansinya, meningkatkan kualitas putusan dan integritas hakim. Persepsi atau tingkat kepercayaan masyarakat dapat menjadi faktor pendorong untuk menghilangkan eksistensi sebagai hakim konstitusi bila masyarakat menemukan hakim konstitusi melanggar kode etik dan melakukan tindakan melawan hukum.<br /><br /><em>This research addressess to analyze social trust towards constitutional court judge performance based on contrary constitutional court verdict. This research applies descriptive- qualitative research methodology with socio-legal approach. Observation, interview and documentation methods use to collect data or information. This research found that constitutional court still procure the social trust. However, contrary verdict which issued by constitutional court made a disorder constitution. But there is no regulation to ban the constitutional court issued contrary verdict. To increase the social trust, constitutional court should be transparent, increase the verdict quality and keep the judge integrity well. Perception or social trust can be a stimulation to nullified judges existence if they found that constitutional court judges break the law and disobeyed constitutional judges code of conduct.</em>

scholarly journals Perkawinan Sejenis Menurut Hak Asasi Manusia Dalam Perspektif Hukum Islam

2016 ◽  
Vol 16 (1) ◽  
pp. 77-83
Author(s):  
Sanawiah Sanawiah
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Secondary Data ◽  
The State ◽  
Human Rights Law ◽  
Marriage Law ◽  
Men And Women ◽  
Legal Principles ◽  
Homosexual Marriage

Purpose of this study is to analyze that the homosexual marriage in accordance with human rights which is just and civilized, and to determine the homosexual marriage according to the marriage act and the perspective of Islamic law. The method used is a method normative considering that this study emphasizes that the secondary data that is studying and reviewing principles, materials and positive legal principles that of the materials libraries that exist in legislation marriage law and human rights law in Indonesia. Results from this study showed that the homosexual marriage in the name of human rights it violates human rights itself. Because the rights that should be fought is right according to the nature of natural and ordained by God, since man was created in pairs regarding marriages recognized by the state is only marriages between men and women can also be seen in Article 34 paragraph (1) of the Act Number 23 the Year 2006 concerning population administration.

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