scholarly journals HAK ASASI MANUSIA DALAM AL-KULLIYAT AL-KHAMS (PERSPEKTIF PEMIKIRAN ABDURRAHMAN WAHID)

2021 ◽  
Vol 4 (2) ◽  
pp. 173-189
Author(s):  
Majidatun Ahmala
Keyword(s):  
Human Rights ◽  
Human Values ◽  
Individual Rights ◽  
Human Beings ◽  
Moral Foundation ◽  
Collective Rights ◽  
Basic Rights

Human Rights are one of basic rights that had by every humanbeing who has become their destiny when they were born. Actually theHuman Rights are not state’s gifts, law or other human beings. Every humansneed human rights to protect their dignity, as well as a moral foundation inassociating and dealing each other. In Islam, human rights have a highpriority by prioritizing collective rights rather than individual rights. Islamalso teaches his people to respect each other and recognize the rights of one’slife, because live and death are the power of Allah Almighty. Human Rights inIslam are written in Al-Kulliyat Al-Khams, namely hifzh al-din (protectionagainst religion), hifzh al-nafs (protection of the soul), hifzh al-aql (protectionof reason), hifzh al-nasl (protection of offspring), and hifzh al-maal(protection of property). Abdurrahman Wahid of familiarly known as GusDur is a person who has extremly respect about the human values whichcontained in Al-Kulliyat Al-Khams and shows a high commitment to realize ofrespect for human rights. Therefore, it is very interesting to know HumanRights in Al-Kulliyat Al-Khams, Abdurrahman Wahid’s perspective to find outhow his thoughts in realizing to bring into reality the protection of basichuman rights.

7. Categories of rights

2017 ◽  
Author(s):  
Theo van Boven
Keyword(s):  
Human Rights ◽  
Human Person ◽  
Well Being ◽  
Individual Rights ◽  
Political Rights ◽  
Mutual Relationship ◽  
Human Beings ◽  
Fundamental Nature ◽  
Collective Rights ◽  
Cultural Rights

This chapter discusses different human rights categories. A first categorization distinguishes civil and political rights from economic, social, and cultural rights. This distinction is, however, increasingly contested, and should not disguise the mutual relationship between these rights as essential conditions for the life and well-being of the human person. A second distinction is that between the rights of individuals and the rights of collectivities, in particular indigenous peoples. Collective rights offer parameters for the effective enjoyment of individual rights. A third distinction is that between core rights and other rights, raising the issue of whether there is a ranking among human rights as to their fundamental nature. It is argued that basic substantive rights determining the life, survival, dignity, and worth of individuals and peoples may be considered as core rights. The chapter finally discusses the question of whether ‘new human rights’ are emerging. It suggests that this question be approached with caution, and that human rights should be understood in an inclusive and newly focused manner, encompassing hitherto marginalized and excluded groups and human beings.

Rights

2011 ◽  
Author(s):  
Kenneth Pennington
Keyword(s):  
Human Rights ◽  
Natural Law ◽  
Natural Rights ◽  
Legal Positivism ◽  
Individual Rights ◽  
Legal Systems ◽  
Human Beings ◽  
Group Rights ◽  
Constitutional Jurisprudence ◽  
Theological Thought

One of the most notable characteristics of Western societies has been the development of individual and group rights in legal, theological, and philosophical thought of the first two millennia. It has often been noted that thinkers in Non-Western societies have not had the same preoccupation with rights. The very concept of rights is laden with numerous problems. Universality is the most basic and difficult. If human rights are only a product of Western ideas of justice, they cannot have universality. In an age that is dominated by conceptions of law embracing some form of legal positivism, many scholars recognize only individual rights that have been established by the constitutional jurisprudence of individual countries or their legal systems. Historically, the emergence of rights in European jurisprudence is intimately connected with the terms ius naturale and lex naturalis in Western jurisprudence and theological thought. Human beings may never agree on universal rules of a natural law, but they might agree on universal precepts that shape the penumbra of rights surrounding natural rights.

THE COLLECTIVE RIGHTS IN THE CONDITIONS OF LIBERAL MULTICULTURAL SOCIETIES AND THEIR LEGAL NATURE

2016 ◽  
Vol 4 (2) ◽  
pp. 85-95
Author(s):  
Борис Молчанов ◽  
Boris Molchanov ◽  
Григорий Стародубцев ◽  
Grigoriy Starodubtsyev ◽  
Жанна Иванова ◽  
...  
Keyword(s):  
Human Rights ◽  
Cultural Identity ◽  
International Law ◽  
Political Representation ◽  
Individual Rights ◽  
Way Of Life ◽  
Collective Rights ◽  
Language Minorities ◽  
Legal Nature ◽  
Individual Human

In article individual human rights on cultural identity, political representation or on participation in the collective or group rights in the sphere of human rights in the liberal states are analyzed. Especially international law gives the collective rights for physical existence, protection against economic and cultural destruction and originality preservation ethnic, religious and language minorities. In detail also the legislation of a number of the states on a combination of the collective and individual rights of the small people for protection of their primordial habitat, a traditional way of life, customs, managing and crafts is in details analysed.

scholarly journals IN RELATION TO CONCEPT OF COLLECTIVE HUMAN RIGHTS

2020 ◽  
Vol 36 (4) ◽  
pp. 46-52
Author(s):  
D.A. Gadzhieva ◽  
Keyword(s):  
Human Rights ◽  
Individual Rights ◽  
Group Rights ◽  
Collective Rights ◽  
The Difference ◽  
Definition Of ◽  
The Individual ◽  
Legal Entities

This article is devoted to the analysis of some of the issues related to the definition of the content of the concept of collective human rights. The author examines the issues related to the definition of methods of exercising and the range of subjects of collective rights, some problems concerning their relations with individual rights, as well as whether the term “collective rights of the individual” is a proper one to be used in law science. The author analyzes the difference between the concepts of “collective” and group” rights, and also substantiates the reasons why these categories of human rights cannot be equated or why group rights cannot be singled out into an independent category of individual rights. In addition, the author substantiates the impossibility of possessing of collective rights by legal entities.

Improvements in Moral Concepts and the Human Rights Movement

2018 ◽  
Author(s):  
Allen Buchanan
Keyword(s):  
Human Rights ◽  
Modern Human ◽  
Human Beings ◽  
States Of Affairs ◽  
Profound Change ◽  
Moral Understanding ◽  
Moral Concepts ◽  
Basic Rights ◽  
Human Rights Movement

This chapter examines several momentous improvements in moral understanding, all of which represent impressive gains in inclusiveness. These changes—all of which are embodied in the modern human rights movement—include expansions in understandings of the domain of justice (the class of beings to whom justice is owed) and in the territory of justice (the kinds of actions and states of affairs that can be just or unjust), a redrawing of the distinction between justice and charity, the extension of a broad set of rights to all human beings, the recognition that some basic rights cannot be forfeited, and a profound change in how morality itself is conceived.

scholarly journals Women's Right to Land Between Collective and Individual Dimensions. Some Insights From Sub-Saharan Africa

2021 ◽  
Vol 5 ◽  
Author(s):  
Stefania Errico
Keyword(s):  
Human Rights ◽  
Natural Resources ◽  
Careful Analysis ◽  
Indigenous Women ◽  
Sub Saharan Africa ◽  
Limited Attention ◽  
Individual Rights ◽  
Collective Rights ◽  
Sub Saharan ◽  
The Impact

Women represent a large part of the 2.5 billion people who depend on lands managed through customary, community-based tenure systems and are especially reliant on commons for their lives and livelihoods. They have very often limited and unsecured access to land and natural resources and tend to be excluded from decisions concerning them. Far from representing a homogenous group, they face varying challenges that are the result of multiple and intersecting forms of discrimination, whereby gender dynamics intersect with other characteristics, such as age, disability, ethnic origin, or socioeconomic status. Peasant and indigenous women, in many instances, face the compounded impact of the lack of recognition and violation of the collective rights of their communities, which is often the legacy of histories of colonization, conquest, dispossession and discrimination, and patriarchal norms, exacerbated by neoliberalism and the commodification of land and natural resources. The nexus between individual and collective rights is one of particular importance, but has received limited attention, including as regards the gendered effects of human rights violations of collective rights. In the present article, the nexus between collective and individual rights of peasant and indigenous women is illustrated by considering the experience surrounding the recognition and implementation of collective rights to land in Sub-Saharan Africa and the impact on women's right to land. The article argues that peasant and indigenous women's right to land is best protected through interventions aimed at guaranteeing both their collective and individual rights. There is a need to take into account and address simultaneously the barriers that indigenous and peasant women face with regard to their collective as well as their individual rights. These barriers include those ascribed to the discrimination and social, economic and political marginalization suffered by their peoples and communities, as well as those related to patriarchal power structures within and outside them. Addressing these barriers requires the respect, protection and fulfillment of both collective and individual human rights of women and a careful analysis of the interaction between these rights.

scholarly journals HAK ASASI MANUSIA DALAM ISLAM

TRANSFORMATIF ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 198
Author(s):  
Laila Rahmawati
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Human Values ◽  
Human Beings ◽  
Human Right ◽  
International Human Rights ◽  
The West ◽  
The Rule Of Law ◽  
Global Issue ◽  
New Phase

<p>This article tries to describe the concept of Human Rights in the West and the response of   Islam to them. In its history, it was <em>Magna Charta   </em>in England that initiated the formulation of Human Rights in the West in 1512. Then It was followed by <em>The Bill of right </em>in 1689; <em>The American Declaration of Independence </em>in 1776; and <em>T</em><em>he French Declaration </em>in 1789 that resulted in <em>The rule of law</em>.  Human Rights entered a new phase after The United Nations had declared the International Human Rights in</p><p>1984, that is <em>The Universal Declaration of Human Rights. </em>From that time on, Human Rights has become a global issue, continually discussed and responded to by many including Muslim scholars. In the West, the concept of Human Right is based merely on human values (anthropocentric) so that the responsibility is restricted to human beings.  Based  on  this,  this concept  is  different from  Islamic  concept  on  Human  Rights  because  the former is based on secular values  while the later is based on human values and divine values. Normatively, the idea of Human Rights is relevant to Islamic idea. The reason is that, based on their <em>fitrah </em>as creatures, human beings extremely expect the maintenance of their main needs (<em>Al- umur al-Daruriyyah</em>). Therefore, Human Rights are suitable with the purpose of syari’ah (<em>maqasid al-Syari</em>), that is to maintain religion, reason, heredity dan property.</p>

scholarly journals HAK ASASI MANUSIA: Perspektif Islam

2018 ◽  
Vol 2 (1) ◽  
pp. 24
Author(s):  
Zainul Mahmudi
Keyword(s):  
Human Rights ◽  
Human Life ◽  
The State ◽  
Human Existence ◽  
Human Beings ◽  
Basic Rights ◽  
Rights Issues

<p>Along with the advancement of human civilization, conversations concerning human rights issues will not subside in time, because the parameters of a civilized nation is if a civilization has been able to put people in proportion, can "humanize" humans. Human rights are of the utmost importance, because human beings can be real human beings if their basic rights are fulfilled and guaranteed after fulfilling their obligations. The denial of human rights implies the denial of human existence which Allah says is used as khalifah fil al ardh. In order to support the universality of Islam and the position of Islam as rahmatan Iil Alamin, the Koran regulates all aspects of human life in all its deeds, both the deeds of the heart and the physical deeds, whether in relation to the faith, ethics, and practical both governing relationships between individuals and individuals, with society, individuals with the state, individuals with the environment, and individuals with their God.</p><p> </p><p>Seiring dengan kemajuan peradaban manusia, perbincangan yang menyangkut permasalahan hak asasi manusia tidak akan surut tertelan zaman, karena parameter suatu bangsa yang beradab adalah apabila suatu peradaban telah dapat mendudukkan manusia secara proporsional, bisa "memanusiakan" manusia. Hak asasi manusia menjadi sangat penting, karena manusia bisa menjadi manusia yang sebenamya apabila hak asasinya telah terpenuhi dan terjamin setelah menunaikan kewajibannya. Pengingkaran terhadap hak asasi manusia berarti pengingkaran terhadap eksistensi manusia yang kata Allah dijadikan sebagai <em>khalifah fil al ardh.</em> Dalam rangka mendukung universalitas Islam dan posisi Islam sebagai rahmatan Iil Alamin, Quran mengatur semua aspek kehidupan manusia dalam segala perbuatannya, baik perbuatan hati maupun perbuatan fisik, baik yang berkenaan dengan itikad, etika, maupun praktis, baik yang mengatur hubungan antar individu dengan individu, dengan masyarakat, individu dengan negara, individu dengan lingkungan, maupun individu dengan Tuhannya.</p><p> </p><p> </p>

scholarly journals PESANTREN DAN PELANGGARAN HAM (Studi Analisa Tentang Ta’zir dalam Pesantren Salafy)

2020 ◽  
Vol 8 (1) ◽  
pp. 101
Author(s):  
Laila Ngindana Zulfa
Keyword(s):  
Human Rights ◽  
Boarding School ◽  
Boarding Schools ◽  
Deterrent Effect ◽  
Human Rights Violations ◽  
Learning Method ◽  
Human Beings ◽  
Basic Rights

Abstrac Human rights are basic rights that are inherent and universal in human beings. In Indonesia, human rights have been protected by the laws that originate and lead to “Pancasila” . No one can interfere with human rights or eliminate its. In this contemporary era, many practitioners and education thinkers, who analyze about Ta'zir (A punishment) applied to Islamic boarding schools, especially in Islamic boarding schools with typology of salafy. Some people argue that Ta'zir is a form of human rights violations, others say there are not. In this discussion the author tries to provide an analysis related to Ta'zir which is a punishment given to students who violate the rules in the Islamic Boarding School, Is it included in the category of human rights violations that must be eliminated. Or is it just a learning method that aims to provide a deterrent effect on students who break the rules. Keywords: Human Rights, Islamic Boarding School, Ta'zir. Abstrak HAM merupakan hak dasar yang kodratnya melekat pada diri manusia dan bersifat universal serta langgeng. HAM di Indonesia dilindungi oleh UU yang bersumber serta bermuara pada Pancasila. Tidak ada satupun manusia yang boleh mengganggu ataupun menghilangkan hak asasi manusia (HAM). Banyak Praktisi dan pemikir pendidikan dizaman kontemporer ini yang menganalisa tentang Ta’zir (Sebuah hukuman) yang di terapkan pada pondok pesantren terutama pada pesantren yang ber-tipologi salafy. Sebagian berpendapat bahwa ta’zir merupakan salah satu bentuk pelanggaran HAM, sebagian lain mengatakan tidak terdapat pelanggaran HAM. Pada pembahasan ini penulis mencoba untuk memberikan analisa terkait Ta’zir yaitu sebuah hukuman yang diberikan kepada santri yang melanggar aturan dalam Pesantren, apakah termasuk dalam kategori pelanggaran HAM sehingga harus dihapuskan. Ataukah memang hanya sebuah metode pembelajaran yang bertujuan untuk memberikan efek jera pada santri pelanggar aturan. Kata Kunci: HAM, Pesantren, Ta’zir.

An Afro-Communitarian Compatibilist View on Rights?

Theoria ◽  
2019 ◽  
Vol 66 (159) ◽  
pp. 142-154 ◽  
Author(s):  
Siseko H. Kumalo
Keyword(s):  
Human Rights ◽  
African Philosophy ◽  
Individual Rights ◽  
Collective Rights ◽  
Civil Union ◽  
Legislative Framework ◽  
African Charter ◽  
Rights Discourse ◽  
The Individual ◽  
Individual Human

The historical debate, in African philosophy, on personhood has been characterised by radical and moderate communitarianism seen through the scholarship of Menkiti (1984) and Gyekye (1997) and continues contemporarily with scholars considering its implications on contemporary conceptions of rights.Responding to Chemhuru’s compatibilist view that, he maintains, safeguards and guarantees individual rights, I showcase how his conception of the community as prior to the individual betrays his project. Using the African Charter on Human and Peoples Rights to contextualise rights discourse in Afro-communitarianism, Chemhuru avers that once collective rights have been gained, individuals can claim their rights. I critique this position to suggest that Chemhuru undermines his own project of compatibilism through placing the community prior to the individual. Using the Civil Union Act (2006) as a legislative framework that safeguards and guarantees individual human rights, I test Chemhuru’s compatibilist view. I conclude by highlighting the divergences between constitutionalism and Afro-communitarianism.

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