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1
Syam, Misnar, i Devianty Fitri. "Concept of Islamic Law Enforcement In the History and Practice of Islamic Justice". Journal of Law, Politic and Humanities 4, nr 3 (24.04.2024): 315–25. http://dx.doi.org/10.38035/jlph.v4i3.366.
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Upholding justice in social life has an important meaning in one of the efforts to build a high and dignified national civilization. Justice is carried out by judicial institutions. The performance of our courts or justice system is far from satisfactory, which results in a sense of comfort and happiness for justice seekers. Court decisions only create decisions that are procedurally fair. Likewise, court decisions seem more likely to favor parties who have money and power. Access to justice that should be equal for all levels of society cannot be achieved, so only elite people can enjoy it. In administering the judicial process, Islamic law aims to enforce law and justice proportionally based on Islamic Sharia. The growth and development of Islamic justice is a product of interactions within the social system, including with existing judicial institutions. Law enforcement in Indonesia does not synergize with each other in realizing justice. This is due to the position and standing of legal institutions where the function of investigation and prosecution is under executive power, while the function of adjudicating and deciding is under the Supreme Court. This causes a tendency to protect the interests of their respective institutions rather than law enforcement efforts in the public interest. The problem formulation in this paper is what is the concept of law enforcement in Islamic law in the practice and history of Islamic justice? The conclusion is:The concept of law enforcement in Islamic law does not differentiate between civil and criminal cases. Law enforcement includes material law and formal law. Material law originates from the Al-Qur'an, As-Sunnah and Fiqh.
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Sulistiyo, Budi, Fauzan Ali Rasyid i Chaerul Saleh. "Relevansi Prinsip-prinsip Hukum Ekonomi Syariah dalam Membangun Keadilan Sosial melalui Distribusi Ekonomi yang Adil". AHKAM 3, nr 1 (7.01.2024): 38–48. http://dx.doi.org/10.58578/ahkam.v3i1.2478.
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This study aims to investigate the relevance of the principles of Islamic economic law in shaping social justice through equitable economic distribution. In the midst of global economic change, reducing economic inequality and social injustice is very important. Islamic economic law, as a framework rooted in Islamic values, offers a unique view of economic distribution that focuses on the principle of justice. By conducting an in-depth literature review and analysis, this study explores the concept of Islamic economic law, the principles contained in it, and its relevance to the goal of achieving social justice. We identify the important role of zakat, infaq, and waqf in creating equitable distribution and fueling inclusive economic growth. The results of this study show that the principles of Islamic economic law have great potential to influence economic and social policies in Islamic societies, ultimately encouraging the creation of a more just and inclusive economic environment. However, we also identified some obstacles to the implementation of these principles. This research makes an important contribution to our understanding of how the principles of Islamic economic law can be applied in the current context to promote social justice as well as more equitable economic distribution. The policy recommendations that emerge from the results of this study can guide decision-makers in their efforts to achieve social justice in Islamic societies.
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Fauzan, Fauzan. "PROGRESSIVE LAW PARADIGM IN ISLAMIC FAMILY LAW RENEWAL IN INDONESIA". Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan 7, nr 2 (30.09.2020): 187. http://dx.doi.org/10.29300/mzn.v7i2.3617.
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This paper discusses the progressive legal paradigm in renewal Islamic family law in Indonesia. Starting from the complexity of family problems in the contemporary era, the presence of progressive legal thinking is one of the foundations in order to provide certainty and justice in society. The results of this study indicate that legal reform progressive in the field of Islamic family law can be noticed from law enforcement through court decisions. Various judges’ decisions have created jurisprudence and are used as guidelines for Religious Court judges in deciding cases. This can be seen from the decisions of the constitutional justices, including regarding the restrictions on polygamy, the status of children out of wedlock and the age of marriage which was later successfully revised with the issuance of Law 16 of 2019 concerning Amendments to Law 1 of 1974 concerning Marriage. In the context of progressive legal reform in Indonesia, judges use reinterpretation of religious texts (fiqh), and understand the social context of modern society dynamics. For this reason, judges are required to be more courageous not only to be bound textually, but also to put forward the goal of realizing justice and benefit in the midst of society. Thus, the main legal objectives will be realized, namely substantive justice, benefits, and legal certainty because the law is basically for humans, not for the law itself
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Markom, Ruzian. "THE ROLE OF LAW AND SHARIAH GOVERNANCE IN ISLAMIC FINANCE TOWARDS SOCIAL JUSTICE IN DIVERSITY". Diponegoro Law Review 3, nr 2 (30.10.2018): 142. http://dx.doi.org/10.14710/dilrev.3.2.2018.142-153.
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Comprehensive law and Shariah governance framework are important in ensuring the sustainability of Islamic financial goal. Both elements contributed in the process of social justice in diversity between the industry and the society. This article is aimed to discuss on the role of law and Shariah governance in Islamic finance towards social justice in diversity. It defined the meaning of laws, Shariah governance and social justice in diversity in the context of Islamic finance. Then, it analysed the challenges of Islamic finance in promoting social justice in diversity. Finally, in resolving the challenges, it is recommended to adopt the six key areas laid down in the World Global Report 2016.
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Rimsyahtono, Rimsyahtono, Nandang Sambas, Ratna Januarita i Neni Sri Imaniyati. "Social Justice Manifestation Based on Islamic Law Principle in The Corporate Penal Sanction of Environment". JURNAL HUKUM ISLAM 19, nr 2 (2.12.2021): 253–76. http://dx.doi.org/10.28918/jhi.v19i2.4958.
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Corporate punishment in the environmental aspect has not led to social justice based on Islamic law principles because of the lack of attention to the community as victims who suffer losses due to environmental pollution, which should be a life support. This study aimed to realize that social justice based on Islamic law principles incorporates punishment in environmental aspects for the future. This type of research uses a normative legal typology to approach the principles, systematics, and level of legal synchronization of legislation based on Islamic Law and Law No. 32 of 2009 concerning Environmental Protection and Management. Secondary data obtained through library studies were analyzed descriptively. The results show that the nature of corporate punishment in environmental aspects in Islamic Law aims to prevent corporations from repeating their actions, prevent other corporations from participating in environmental pollution, and foster corporations that have polluted the environment. Furthermore, the embodiment of social justice based on Islamic law principles incorporate punishment in the environmental aspect must contain the values of corporate culture and community development. Social justice is in line with the principle of the benefit of the people in Islamic Law, where each punishment contains aspects of paying attention to victims of crime.
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Setiyanto, Danu Aris. "Hukum Islam sebagai rekayasa sosial dan implikasinya dalam undang-undang perkawinan di Indonesia". Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan 17, nr 2 (24.02.2018): 175. http://dx.doi.org/10.18326/ijtihad.v17i2.175-189.
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This study focuses on the role of Islamic law as social engineering and its implications in marriage law in Indonesia. Islamic law has always been a concern among legal experts and studies. One interesting thing is the effort to achieve justice through the application of Islamic law which functioned as social engineering. Though the nature of Islamic law is the dimension of social justice but at the same dimensions of the Godhead. In the Indonesian context, it is understood that the marriage law in Indonesia is the implication. As this study included the study of literature and research data analyzed by the theory of law as a social engineering with the sociological approach. The results of this study concluded Law Islamic law can function and formulated as social engineering in the form of state regulation and in fact it is contained in the articles of the Marriage Law in Indonesia.
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Mahir, Mahir. "Synchronising Positive Law and Islamic Law Within a Justice Concept in Concurrent Elections 2024: From The Philosophical Perspective of Islamic Law". al-Daulah Jurnal Hukum dan Perundangan Islam 12, nr 1 (1.04.2022): 76–107. http://dx.doi.org/10.15642/ad.2022.12.1.76-107.
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Concurrent elections should not be injured by dissenting interpretations of Islamic Law in terms of its contextual connection to Positive Law. This research aims to delve into the connection between the norms of Islam and politics in Indonesia and the measures taken to bring about the harmony of religious norms within the political system of law in Indonesia. With a normative-descriptive approach, this legal research discovered that the legal objective is not restricted to justice, but it also takes into account legal certainty and merit. The discourse on justice often refers to two thoughts. John Rawls and Jürgen Habermas, within the scope of critical philosophy developed by Kant, attempted to seek the primary principles underlying social life. Concurrent elections 2024 in Indonesia refer to direct, universal, free, secret, genuine, and just principles. These principles serve as the basis for justice enforcement, especially in the fulfilment of the political rights of the citizens. The justice principle builds the harmonization of the norms that underlie elections with Islamic Law as the core soul of the elections. Participation in elections is understood as the exercise of the norms of Islamic law with the frameworks aiming to bring about the merit of the people as a whole. How do the principles of justice in the principles of elections intertwine with the principle of justice in Islamic law? Keywords: Harmonization, justice, concurrent elections, the philosophy of Islamic Law
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Karimullah, Suud Sarim. "Humanity and Justice: Exploring Human Rights in the Context of Islamic Law". TAJDID 30, nr 2 (4.01.2024): 166. http://dx.doi.org/10.36667/tajdid.v30i2.1497.
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This study explores the relationship between the concepts of humanity, human rights, and social justice in the context of Islamic law. Using the method of literature study and comprehensive literature analysis of the results of previous studies. This study aims to outline how Islamic law recognizes human dignity, protects individual rights, and promotes social justice. The results of this study reveal that Islamic law has a strong foundation in the principles of humanity, human rights, and social justice. Islamic law recognizes human dignity, integrates individual rights, and encourages the protection of the vulnerable. This concept creates a strong moral foundation for achieving a more just and inclusive society. In an increasingly connected and diverse world, a deep understanding of the relationship between Islamic law and Human Rights is key to promoting tolerance, mercy, and peace. With constant dialogue and thoughtful implementation efforts, Muslim societies can play an important role in building a better world that respects individual rights without forgetting the precious values of religion.
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Rachmawati, Emy, i Burhanudin Harahap. "Justice Dimensions of Islamic Inheritance Law in Determining The Inheritance Rights Of Parents, Children and husband/wive". International Journal of Multicultural and Multireligious Understanding 5, nr 3 (13.07.2018): 286. http://dx.doi.org/10.18415/ijmmu.v5i3.338.
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The purpose of this research is to know about the dimension of justice of Islamic Inheritance Law (faraidh) in determining the right of parents, children and wife /husband as dzawil Furudh heir. To achieve these objectives have been conducted normative legal research that is descriptive. Data analysis techniques used qualitative data analysis techniques. The result of the study obtained that Islamic Inheritance Law has the dimension of justice in determining the right of dzawil Furudh, that is proportional or equal justice in accordance with rights and obligations, social justice which not only pay attention to bloodline but also inheritance rights also given to the parents as birrul walidain and inheritance rights of them is never covered by anyone. Similarly, justice inheritance rights for the husband or wife of the inheritor, they shall be entitled to inheritance in accordance with the rights and obligations. While the dimension of justice inheritance rights of children, Islamic Inheritance Law provides a strong position. All the justice dimensions of Islamic Inheritance Law, in accordance with the objectives of Islamic law or maqashid shariah.
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Al-Sulami, Rabee' Jaza'a Awaid. ""A STUDY ON JUDICIAL CUSTODY IN ISLAMIC LAW AND ITS IMPACT ON". EPH - International Journal of Humanities and Social Science 8, nr 2 (31.05.2023): 39–45. http://dx.doi.org/10.53555/eijhss.v8i2.133.
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This research aims to determine the nature and importance of judicial supervision in the Islamic legal system and its role in enforcing justice in Islamic societies. The significance of this study lies in its representation of an essential part of the Islamic legal system, as it helps achieve security and safety in society and preserves individuals' rights in the face of social, economic, and technological changes experienced by Islamic societies. The research problem is to determine the effectiveness of judicial supervision in meeting the needs of society and establishing trust between citizens and the judiciary system, as well as identifying whether there is a need to develop and update methods of judicial supervision in Islamic societies. Based on previous studies and research, the study found that judicial supervision plays a crucial role in achieving justice and enforcing the law in Islamic societies. It also improves trust between citizens and the judiciary system and protects individuals from injustice and corruption by judicial officials. The study's results include determining the effectiveness of judicial supervision in meeting the needs of society and preserving individuals' rights in the face of social, economic, and technological changes experienced by Islamic societies. Additionally, it is possible to identify various methods of judicial supervision and whether there is a need to develop or reform them to achieve social and economic stability in Islamic societies. In general, achieving social justice in Islamic societies requires considering the role of judicial supervision and developing and updating its methods to achieve security, safety, and justice in these communities.
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Haji Munir, Zainal Arifin. "Wealth Distribution among Sasak Communities Through Inheritance: A Quest for Justice". Samarah: Jurnal Hukum Keluarga dan Hukum Islam 7, nr 3 (14.10.2023): 1627. http://dx.doi.org/10.22373/sjhk.v7i3.10835.
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This research describes the study of economic justice in the distribution of inheritance among the Sasak people, Lombok Indonesia. Economic justice is a value championed in the study of Islamic business law (al-fiqh al-muāmalah) by considering the traditions, national laws, and other laws that live in society. Economic distribution justice is the main spirit in economic equality, one of which is through inheritance, which is also part of the maqāṣid al-sharī'ah value, namely hifz al-māl. This sociological research was conducted in several villages on Lombok Island: Sade, Bayan, Penujak, Teruwai, Pancor, and Aikmel. Data was collected through interviews, documentation, and observation of the community's perception, knowledge, and inheritance practice. In this study, it was found that the Sasak community prioritizes customary law, by considering Islamic law as a balance of justice. National law is only a last option when there is no way for dialog and discussion among the heirs. Sasak customary law, which is dominated by a patriarchal system, positions women lower than men. The presence of Islamic law opens the opportunity for women to enjoy economic justice (distribution). National law is used as an option when disputes and disagreements between heirs exist.
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Wibowo, Muhammad Kurniawan Budi. "TEORI KEADILAN DALAM PERSPEKTIF FILSAFAT HUKUM DAN ISLAM". Mamba'ul 'Ulum 14, nr 2 (22.10.2018): 27–44. http://dx.doi.org/10.54090/mu.39.
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The existence of Islamic law in the world is to regulate human life, both as a person and as a member of society in order to behave according to the wishes of the Creator. This is different from the general concept of law which is only intended to regulate human life as members of society or in other word the law exists because of the conflict of human interest. Among the problems in the philosophy of Islamic law, the most frequent discourse is about the issue of justice in relation to the law. This is because the law or regulation must be fair, but in fact it is often not. This paper will describe this issue of justice from the perspective of legal philosophy and Islam. In the perspective of legal philosophy, the author will only parse the theory of justice Aristotle and John Rawl. Whereas in the perspective of Islamic legal philosophy, the author will parse the theory of the Muktazilah and Asyariyah divine justice, and the Islamic Maqasyid Theory as the ideals of Islamic legal social justice.
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Kamaruddin, Kamaruddin, Iswandi Iswandi, Andi Yaqub, Layyin Mahfiana i Muh Akbar. "Justice, Mediation, and Kalosara Custom of the Tolaki Community in Southeast Sulawesi from the Perspective of Islamic Law". Samarah: Jurnal Hukum Keluarga dan Hukum Islam 7, nr 2 (10.06.2023): 1077. http://dx.doi.org/10.22373/sjhk.v7i2.13183.
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The existence of customary law has been less a concern as a source in the law enforcement process for law enforcers. The Tolaki community in Southeast Sulawesi has a custom capable of resolving legal disputes called kalosara. This study aims to examine the customary role of the Kalosara in resolving land disputes to create justice and social order in society. This empirical legal study used the sociological theory of law and benefit in Islamic law. Data were collected by means of in-depth interview and literature review. The results of the study revealed that the Kalosara that has become a customary law or living law in society has played a role in resolving cases through mediation. The Kalosara customarily carried out through a mediation process has been able to mitigate internal cases of the indigenous people. Dispute resolution resolved in terms of land cases has also succeeded in creating social order in society. The philosophical principles in the Kalosara consist of ate pute penao moroha (chastity and justice), the values that are able to bind the parties to the disputes in a customary way to create justice. Theoretically, the social function of the customary law in society is to realize social harmonization so that disputes and conflicts can be avoided. In the context of the Islamic law, creating harmony and social order in society is one of the main goals.Keywords: Justice, mediation, customary law, Kalosara, mediation, social order, Islamic law
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Mugni Muhit, Rani Mariana i Mohamad Anton Athoillah. "Distributive Justice Perspective of Sharia Economic Law in Indonesia". Apollo: Journal of Tourism and Business 1, nr 3 (19.06.2023): 97–103. http://dx.doi.org/10.58905/apollo.v1i3.58.
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Injustice is a traditional and current issue that all economic systems encounter. This economic injustice and disparity of income and wealth is the origin of the poverty problem. The idea of distributive justice emerged in Islamic economics in response to the inability of current economic theories to address the issues of poverty, income, and wealth disparity. As a result, the study of distribution has long been an intriguing topic in Islamic economics. This study defines distribution from an Islamic economic standpoint, examines problems related to injustice in the Indonesian distribution system, criticizes capitalist economic distribution, and concludes with a study of Islamic economic distribution in discovering distributive justice and distribution mechanisms in Islam as an answer for justice and social welfare
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Riwanto, Agus, i Sukarni Suryaningsih. "Realizing Welfare State and Social Justice: A Perspective on Islamic Law". Volksgeist: Jurnal Ilmu Hukum dan Konstitusi 5, nr 1 (30.06.2022): 41–51. http://dx.doi.org/10.24090/volksgeist.v5i1.6430.
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The function of the state in exercising power is to ensure social justice for its people. To make it happen, efforts are needed to explore the concept of statehood. In its development there are two concepts of statehood, namely the welfare state and liberal states or capitalism state. Both are different and tend to be contradictory. This article aims to study and explore about Maqashid As-shari'ah (the principles or purposes of Islamic law) in order to bridge the conflict between the two concepts of statehood. The method used is socio-legal research, which is legal research using interdisciplinary. Data is obtained from the library or library recearch. The results showed that the concept of the welfare state demands the role of the state in distributing socio-economic justice, while the concept of a liberal state marginalizes the role of the state in the distribution of socio-economic justice and submits to market mechanisms. In state practice the concept of a liberal state defeats the concept of a welfare state. As a result the function of the state shifted towards the market and turned its face into an inhuman capitalist economy. Islam can be used as a solution and bridge the conflict between the two concepts of statehood. By placing the politics of Islamic law based on the Maqasid asy-Shari'ah as the solution, namely putting the principles of shari'ah economy in the form of banning usury, prioritizing justice, togetherness and prudence which in practice can be a Shari'ah business, as reflected in Law Number 21 of 2008 concerning the Development of Shari'ah and the principle of good governance according to Shari'ah in the form of shiddiq (honest), istiqamah (firm in the establishment), fathanah (intelligence: ratio, taste and divinity), trust (accountability).
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Ismail, Ismail, Novi Hendri i Putri Rahmah Nurhakim. "Minangkabau’s Doro Tradition: Coexistence of Customary Law and Islamic Law in Caning Punishment". Samarah: Jurnal Hukum Keluarga dan Hukum Islam 7, nr 1 (31.03.2023): 579. http://dx.doi.org/10.22373/sjhk.v7i1.15904.
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The present study intends to investigate the coexistence of customary law and Islamic law in doro tradition of Minangkabau Tribe. It poses three research questions as follows: (1) How is the philosophy of “Adat Basandi Syarak, Syarak Basandi Kitabullah” manifested in the doro tradition?; (2) In which ways do the customary law and Islamic law coexist in the doro tradition?; (3) How are the implications of doro tradition in the prevention of adultery vis-à-vis the principles of justice and human rights? The research used a qualitative design and gathered the data through observation and in-depth interviews. The findings show that the doro tradition refers to, and thus, accentuates the Minangkabau philosophy of “Adat Basandi Syarak, Syarak Basandi Kitabullah, Syarak Mangato Adat Mamakai”. The coexistence of customary law and Islamic law in the tradition occurs is emphasized in the implementation of caning and cumulative fines. The doro tradition is regarded as very effective as a punishment for adultery cases, as it also does not conflict with the principles of justice and human rights.
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Hamamah, Fatin. "Islamic Education and the Principles of Social Justice: Implications for Government Responsibilities in Providing Compensation and Restitution". Al-Hayat: Journal of Islamic Education 7, nr 1 (16.06.2023): 216. http://dx.doi.org/10.35723/ajie.v7i1.396.
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The principle of legal equality, one of the fundamental principles in the rule of law, emphasizes the importance of providing legal protection to victims in the criminal justice process. This study examines existing compensation and restitution arrangements from an Islamic education studies perspective. This is important to strengthen the values of social justice, which are reflected in the Islamic education approach, which prioritizes the protection of victims as a moral and religious ethical mandate. This study will use a qualitative research method with a normative system based on Pancasila's philosophy from the Islamic education perspective. This research will collect quality data through interviews, observation, and document analysis, which will be analyzed inductively. The results of this study indicate that compensation and restitution arrangements in positive law still need to reflect the principles of justice recommended in Islam. From the perspective of Islamic education, this study highlights the need for legal policies based on Islamic values in implementing restitution for victims of criminal acts, taking into account human values, justice and social responsibility. The importance of harmonising legal substance and structure in an integrated criminal justice system was also found. In conclusion, improvements are needed in compensation and restitution arrangements so that they pay attention to victims of crime and are by the values and legal culture of the society in the perspective of Islamic education, with the government's responsibility to maintain the balance of the rights of perpetrators and victims in the criminal justice system.
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Dunn, Shannon. "GENDER, VIOLENCE, AND SOCIAL JUSTICE IN ISLAM: MUSLIM FEMINIST SCHOLARS IN THE PUBLIC EYE". Journal of Law and Religion 31, nr 3 (listopad 2016): 293–305. http://dx.doi.org/10.1017/jlr.2016.34.
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Three recent books focused on law, gender, and Islam not only make important individual contributions to the field of law and religion, but together, in their attention to issues of gender, sex, violence, and law, signal an important development in both this field and the field of Islamic studies. This state of the field essay examines Kecia Ali's revised and expanded edition ofSexual Ethics and Islam, Ayesha Chaudhry'sDomestic Violence and the Islamic Tradition, and Hina Azam'sSexual Violation in Islamic Law. Individually and collectively, these works shed light on the way that societies use gender as a fundamental tool of social organization and hierarchy. While Ali, Chaudhry, and Azam focus mainly on the classical Sunni Islamic tradition, their insight has wider methodological import for the study of law and religion. Further, they illuminate the intellectual diversity within the Islamic tradition, both in the past and in the present. In doing so, they draw attention to the process of how the intellectual tradition is retrieved and appropriated in contemporary contexts. Finally, their work is historical and descriptive as well as normative: this kind of scholarship challenges the distinction in the study of religion between these two categories. Ali, Chaudhry, and Azam each places her observations and arguments about classical Sunni Islamic texts and traditions in productive conversation with ethical and legal questions that Muslims face today.
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B. Mutmainnah Sudarmin, Andi, Monika Monika, Maman Supardi i Yusrial Yusrial. "Restorative Justice in Islamic Law: Solutions to Improve Social Justice Towards a Golden Indonesia 2045". El-Rusyd 8, nr 2 (28.12.2023): 97–104. http://dx.doi.org/10.58485/elrusyd.v8i2.203.
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Restorative Justice present as legal reform in Indonesia. Discourse Restorative justice as a legal practice, it is seen as a concept that is more just, has legal certainty, is beneficial and is based on human rights. However, in its application it still experiences many argumentative obstacles so that its use and concept are not yet mature. To this day there is no standard version regarding the concept of restorative justice itself. If examined more deeply, this concept is more similar to the idea of al-'Adalah al-Islahiyah which has existed since the Qur'an was revealed. The type of research used is library research (library research) by using a normative juridical approach regarding regulations and instruments in implementing the concept restorative justice in Indonesia, case study (case approach) related to effectiveness restorative justice in improving justice as well as comparative studies related to the concept a quo based on the view of Islamic law. The data used comes from literature and studies of related verses and hadiths as well as related laws and other regulations of restorative justice. The results of this analysis show that the concept of restorative justice In Islamic law is known asal-adalah al-islahiyah and char. This concept as a whole prioritizes the resolution of matters by emphasizing on reconciliation, forgiveness, restoration and improving the relationship as it is now. This concept is considered more relevant and guarantees rights and justice for the parties so it is considered necessary to be integrated in the system of restorative justice in Indonesia in an effort to realize a golden Indonesia 2045. The implication of this article is that there are standard rules regarding the mechanism for implementing restorative justice in Indonesia by presenting special institutions to accommodate the implementation of restorative justice.
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Karimullah, Suud Sarim. "EMPOWERING YOUTH: SOCIAL TRANSFORMATION AND ISLAMIC LAW'S IMPACT ON CHILD RIGHTS". VARIA HUKUM 5, nr 2 (25.07.2023): 153–69. http://dx.doi.org/10.15575/vh.v5i2.28209.
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This study aims to understand the role of Islamic law in empowering youth and its impact on protecting children's rights in a social context by analyzing the challenges and opportunities that exist in defending children's rights within the framework of Islamic law. The literature study method is used by collecting information from relevant sources such as books, journals, and related documents. The results show that Islamic law provides a robust framework for each child to contribute to society through values such as Justice, balance, and social responsibility. Implementing children's rights in Islamic law creates holistic growth and positive social change. Educational institutions, families, communities, and the state are essential in upholding the child's rights. Despite challenges such as diverse interpretations, gender imbalances, and social problems, opportunities lie in the flexibility of Islamic law and the involvement of activists and civic organizations. By optimally utilizing the role of Islamic law, involving all parties, and overcoming existing challenges, there can be sustainable social transformation and fulfillment of children's rights within the framework of Islamic law.
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Dahlan, Moh. "Paradigma Ijtihad Munawir Sjadzali dalam Reaktualisasi Hukum Islam di Indonesia". AT-TURAS: Jurnal Studi Keislaman 7, nr 2 (31.12.2020): 191–205. http://dx.doi.org/10.33650/at-turas.v7i2.1504.
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Social change has driven Islamic law reform. The reform of Islamic law has encouraged one of Indonesia's Islamic law reformers, Munawir Sjadzali, to re-realize Islamic law in the distribution of inheritance in Indonesia. By using the contemporary paradigm, the results of this study indicate that Munawir Sjadzali's ijtihad paradigm has given birth to a new spirit to implement ijtihad in Islamic law reform in Indonesia, namely the renewal of inheritance law by reinterpreting the Qur’an text about 2: 1 between men and women become equal between the two. The provisions of the inheritance law are formulated and applied based on the consideration of the true sense of justice and the benefit of human life.Keywords: Social Change, Ijtihad, Reactualization, Islamic Law, Custom, and Inheritance.
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Ismail, Ahmad Munawar. "Rethinking Justice: Unraveling the Tapestry of Justice in Islamic and Western Philosophies". Islamiyyat 46, nr 1 (1.06.2024): 173–85. http://dx.doi.org/10.17576/islamiyyat-2024-4601-14.
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Throughout human civilization, justice has been an enduring value, evolving through continuous advocacy. Fueled by human reason, individuals consistently elevate their standards, leading to the transformation of justice derived from natural law, societal changes, and religious doctrines. This dynamic process signifies that humanity, along with its cultures, laws, and justice perceptions, progresses rather than regresses—growing more intricate, sophisticated, and advanced. This article delves into the development of justice concepts in Islamic and Western cultures across classical, modern, postmodern, and contemporary eras. Utilizing a philosophical approach, it argues that justice undergoes a developmental evolution in both cultures—from discussions in the context of natural law to exploring religious justice and culminating in discussions of social justice. Despite epistemological differences, both Islamic and Western cultures remain inseparable from justice principles: enforcing justice, presupposing equality, aligning with truth, embodying equilibrium, and positioning things rightly.
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Amin, Mahir. "Konsep Keadilan dalam Perspektif Filsafat Hukum Islam". al-Daulah: Jurnal Hukum dan Perundangan Islam 4, nr 02 (1.10.2015): 322–43. http://dx.doi.org/10.15642/ad.2014.4.02.322-343.
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Abstract: This article discusses about the concept of justice in the perspective of the philosophy of Islamic law. Philosophically, there are two formulations of justice: first, the view that what is meant by justice is a harmony between the use of right and obligation are in line with the implementation of the proposition of “the balance of law” or “the dose of right and obligation”; second, the view of the lawyers who formulate that justice is a harmony between legal certainty and proportionality of law. Justice, in Islamic law, is derived from the Most Just. It is because Allah SWT is the upholder of justice, then He must be believed not to apply unjust to His servants. The concept of justice, based on al-Shatibi’s maqasid al-shari’ah theory, is determined by the benefits which are divided into three, namely daruriyyat (necessities), hajiyyat (needs), and tahsiniyyat (luxuries). This indicates that Islam is concerned with the issue of justice. The conception of justice will continue to evolve in line with the social development. Construction of law and justice in Islam cannot be separated from morality and transcendental beliefs since these aspects are intertwined.Keywords: Justice, philosophy, law, Islam.
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Bouzenita, Anke Iman. "The Siyar — An Islamic Law Of Nations?" Asian Journal of Social Science 35, nr 1 (2007): 19–46. http://dx.doi.org/10.1163/156853107x170150.
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AbstractThis article deals with an essential part of Islamic law usually referred to as siyar. It discusses the development of siyar in an Islamic context and in comparison to the development of the modern law of nations. It further follows up the evaluation of siyar in the Western literature and analyses recurring paradigms of categorisation used in this literature. The author discusses Kruse's (1979) approach to differentiate between an "Islamic" and a "Muslim" law of nations. As case studies of argumentative weaknesses and loopholes, the author scrutinizes the attempts to attribute siyar to a particular type of law of nations and to render it as a legal order of either personal or territorial validity. The article focuses on methodological aspects involved in presenting two independent legal systems as commensurable. The author concludes that a terminological transfer, be it with the intention of explaining Islamic legal concepts to a non-specialized reader, be it with the intention to reconcile between both systems, cannot do justice to either one of the legal systems.
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Harnides, Harnides, Syahrizal Abbas i Khairuddin Hasballah. "Gender Justice in Inheritance Distribution Practices in South Aceh, Indonesia". Samarah: Jurnal Hukum Keluarga dan Hukum Islam 7, nr 2 (20.06.2023): 1293. http://dx.doi.org/10.22373/sjhk.v7i2.16688.
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This paper explores the practices of inheritance distribution among the people of South Aceh who commonly divide inheritance property based on customary inheritance law. Heirs receive their shares of inheritance not according to Islamic law (furudh al-muqaddarah), as both male and female heirs earn equal portions. The study of this paper aims to examine the concept of Islamic inheritance law from the perspective of gender equity, the pattern of interaction and formation of customary inheritance law in social institutions, and the basis for the community beliefs in dividing inheritance according to the custom and culture of South Aceh. The study obtained data by observing the practices of inheritance distribution in South Aceh and conducting in-depth interviews with the community figures, the representatives of Ulema Consultative Assembly (Majelis Permusyawaratan Ulama/MPU), and the judges at the Tapaktuan Sharia Court using an empirical juridical approach. The results of the study revealed that the concept of Islamic inheritance law has been an alternative and in line with the principle of gender justice for women in South Aceh as a manifestation of the principle of balanced justice. This principle has been reflected in the patterns of inheritance distribution through the respective customary law mechanisms in accordance with the agreement of all heirs. The people in South Aceh have preferred to divide inheritance through the customary law as it has been more flexible and taken into account the socio-economic conditions and values developed in their community.
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Amanda Simanjuntak, Dwi, Kenanga Safitri, Dwi Rani Rahayu, Natasya Salsabila Nainggolan i Rizqa Amelia. "ISLAMIC LAW PERSPECTIVE ON INVESTMENT". CASHFLOW : CURRENT ADVANCED RESEARCH ON SHARIA FINANCE AND ECONOMIC WORLDWIDE 2, nr 3 (28.04.2023): 418–23. http://dx.doi.org/10.55047/cashflow.v2i3.644.
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This research aims to explain the perspective of Islamic law on investment. Investment is an activity carried out by individuals or institutions with the aim of obtaining financial benefits in the future. In the Islamic context, investments must adhere to the principles of Sharia law, which govern justice, halalness, and blessings. This article outlines the concepts and principles of investment in Islamic law, including the prohibitions against riba (usury), gharar (uncertainty), and maysir (gambling). Additionally, it discusses the types of investments permitted in Islam, such as mudharabah (profit-sharing partnership), musyarakah (capital partnership), and ijara (lease). Furthermore, it highlights the importance of ethics and social responsibility in investment based on Islamic values. The results of this study show that the Islamic legal perspective on investment has unique principles and provides guidance for Muslims in managing their finances with regard to moral and ethical aspects. This research is expected to provide better insights into investments that are in accordance with Islamic principles and can serve as a reference for interested individuals or institutions seeking to make investments based on Islamic values.
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Bisri, Hasan. "Law, Power, and Justice: A Quranic Perspective". TAJDID 27, nr 2 (6.01.2021): 115. http://dx.doi.org/10.36667/tajdid.v27i2.490.
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This article seeks to elaborate on the relationship between law, power, and justice from the Koran perspective. This study makes the Quranic texts its primary source. The study results show that from the perspective of the Koran, a legal system, including an Islamic legal order, must have the spirit to create justice. The realization of social justice is the spirit that underlies the stipulation of law. State power, through the legislative body, which is the institution that is authorized to stipulate law, is obliged to make the principle of justice one of a country’s legal pillars. State power through its judiciary must make “considerations for the sake of realizing justice” in every decision on a legal case.
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Abd Razak, Siti Suraya, i Nik Ahmad Kamal Nik Mahmod. "EMBRACING THE ISLAMIC PRINCIPLES OF SOCIAL JUSTICE IN THE MALAYSIAN TRADE UNION MOVEMENT". UUM Journal of Legal Studies 12, Number 2 (5.07.2021): 1–21. http://dx.doi.org/10.32890/uumjls2021.12.2.1.
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The notion of social justice in Islam requires fairness in allocating and distributing goods to all members and groups in society. In the context of employment, an employer is required to treat all workers equally and pay their dues suitable with their skills and capabilities. A trade union is an important component under the tripartite system of industrial relations that is imperative in representing workers to demand or improve their working conditions. Although there is legal recognition accorded to trade unions in Malaysia, various state-imposed restrictions have curtailed trade union actions in representing workers for better and equal treatment at the workplace. This paper examined whether the current trade union legal framework in Malaysia is in concord with the Islamic principles of social justice. The objectives of this research are two-fold: first, to examine the principles of social justice in Islam and second, to integrate Islamic principles of social justice into the Malaysian trade union legal framework. In order to fulfil the objectives of this study, it employed the literature research method and referred to Islamic texts (the Quran and hadith). The study has revealed that the restrictive legal system of trade unions in Malaysia contradicts the concept of social justice as embodied in Islamic principles. Therefore, there should be amendments to the legal framework of trade unions in Malaysia to guarantee the exercise of full rights of trade unions in the state and ensure consistency with shariah.
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Suud Sarim Karimullah, Mukhid, Zumiyati Sanu Ibrahim i Muhajir. "Rethinking Gender In Islamic Law". Musãwa Jurnal Studi Gender dan Islam 23, nr 1 (29.06.2024): 99–113. http://dx.doi.org/10.14421/musawa.2024.223.99-113.
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In the study of feminist hermeneutics, gender construction in Islamic law tries to bridge the gap between the dominant patriarchal norms in interpreting traditional Islamic law and modern society regarding gender equality for social justice. By exploring the classical literature and contemporary Islamic legal text, this study focuses on the problems of gender construction through the lens of feminist hermeneutics in Islamic law. The pattern in this feminist hermeneutic approach not only expands but also deepens the understanding of paradigmatic changes in gender construction in the framework of Islamic law. This perspective introduces a new idea for exploring gender construction within the legal framework. This approach challenges the dominant patriarchal interpretation of Islamic law, particularly women's roles and rights. This social change can be perceived in an inclusive view more responsive to gender issues.[ Dalam kajian lensa hermeneutika feminis, konstruksi gender dalam hukum Islam berupaya menjembatani kesenjangan antara norma-norma dominan patriarki dalam interpretasi hukum Islam tradisional dan tuntutan masyarakat modern dalam kesetaraan gender demi keadilan sosial. Dengan menggali sumber pustaka teks-teks hukum Islam klasik dan kontemporer maupun literatur akademik yang relevan, paper ini mengulas lebih lanjut permasalahan kostruksi gender dalam kacamata hermeneutika feminis pada hukum Islam. Pola kajian dalam pendekatan hermeneutika feminis ini tidak hanya memperluas tetapi memperdalam pemahaman perubahan paradigmatik konstruksi gender dalam kerangka hukum Islam. Penerapan perspektif ini membuka wilayah baru bagi eksplorasi konstruksi gender dalam kerangka hukum tersebut. Pendekatan ini menantang fondasi interpretasi patriarkal yang dominan dalam hukum Islam, khususnya terkait peran dan hak-hak perempuan. Perubahan sosial terlihat dalam pandangan inklusif yang lebih responsif terhadap isu gender.]
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Ahmad, Ali. "Freedom, Equality and Justice in Islam". American Journal of Islam and Society 20, nr 3-4 (1.10.2003): 180–83. http://dx.doi.org/10.35632/ajis.v20i3-4.1833.
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Modern Muslim thinkers who try to locate and construct constitutional tenets based on the Islamic tradition face various difficulties, for they have to address a segment of an audience that expects an exposition comparable to the West's in terms of terminologies, institutions, and remedies, as well as to draw from the best practices of Islamic history and modern Muslim societies. It is always fustrating to learn that Islam's constitutional history, despite its richness in individual constitutional tenets, loses some of its utility in modern Muslim societies due to systemic changes caused by glob alization and pervasive international institutions, both of which have had far-reaching consequences on domestic sociopolitical settings. Given the contemporary nation-state's overarching authority, one known guarantee of the people's social, legal, or political rights is a con stitutional framework under a credible rule of law system. Mohammad Hashim Kamali's Freedom, Equality and Justice in Islam identifies the three themes in the title of his book as the fundamental bases upon which all other constitutional guarantees of human rights depend. The book is divided into three chapters, each dedicated to one of the main themes. The first chapter, which discusses freedom, presents a conceptual analysis of the term and how it is expressed in Islam's theological and sociopolitical contexts. However, unlike various guarantees provided for realizing other values, such as justice (discussed in chapter 3), there is little discussion of such practical guarantees for personal liberty and freedom. The author acknowledges that Muslims have given scant attention to constitutional guarantees of freedom, citing the prevalence of despotic governments throughout much of Islamic history. Nevertheless, the only way he offers out of this situation is to observe that Muslims should change the language of fiqh (Islamic jurisprudence) to reflect the challenging times confronting the ummah. This may not be surprising, given the identified problems, as mentioned above, that have to be faced squarely. The second chapter, which analyzes equality, reviews authoritative Islamic sources and argues that although there is conclusive evidence that Islam envisages equality in basic rights and duties among all Muslims, the evidence is somewhat inconclusive on whether all members of the human race enjoy such equality. This inconclusiveness is due to sources that leave room for different interpretations and to prevailing circumstances during the formative period of Islamic law. Kamali pays particular attention to the duties and rights of women and non-Muslims, for there are different opinions on women's political and family-law rights and on equal opportunity for non-Muslims. He states that even if differential treatments of the two categories are maintained in certain circumstances, such differences do not negate equality, because Islam's positive equality ...
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Husnawadi, Husnawadi, i Ulyan Nasri. "Fanatic and Fanaticism from the Perspective of Islamic Law and Islamic Education Perspective". Jurnal Ilmiah Profesi Pendidikan 8, nr 3 (30.08.2023): 2018–23. http://dx.doi.org/10.29303/jipp.v8i3.2112.
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This study aims to investigate the phenomena of fanaticism and fanatical behavior from the perspectives of Islamic Law and Islamic Education. Data were collected through a review of classical and contemporary texts in Islamic law and education, as well as an analysis of relevant empirical studies. The data analysis technique employed a qualitative approach focusing on text interpretation and key concepts related to fanaticism. The results indicate that fanaticism in Islamic Law and Islamic Education encompasses complex dimensions, including psychological, social, and theological factors. The implications of this research underscore the need for a holistic approach to understanding and addressing fanaticism, involving educational, social, and legal efforts. Islamic education can play a key role in instilling moderate values, tolerance, and deep understanding of religious teachings. Legally, it is important to consider principles of justice and freedom in responding to fanatical behavior while upholding principles that underpin diversity and tolerance in society. In conclusion, a profound understanding of fanaticism from the perspectives of Islamic Law and Islamic Education can aid in formulating effective strategies to address this challenge in contemporary society.
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Y. Sonafist. "Epistemology of Islamic Law Concerning Human Rights". Hikmatuna : Journal for Integrative Islamic Studies 9, nr 1 (28.06.2023): 64–77. http://dx.doi.org/10.28918/hikmatuna.v9i1.985.
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Human rights law in the context of answering human rights debate as the spirit of constitutional law, international law, and criminal law. civil law, and procedural law with a blended approach international law and national law. In the Islamic context, the understanding of Human Rights is studied through the understanding of Islamic Law itself. The problems inherent in humans are of interest to scientists, philosophers, and legal experts because humans have inherent will, rights, and freedom. in Islam, all human rights are obligations of a state or individual that cannot be ignored. Hence, human rights in Islamic law are related to the concept of equality which is transcendentally stipulated for the benefit of humans through Islamic law. In Islamic law, humans are beings who have duties and responsibilities and have rights and freedoms based on justice. Human rights are rights that are owned by everyone in accordance with human conditions. Human problems are complex if the rights inherent in humans are not fought for and protected, such as the right to life, the right to freedom, the right to religion, the right to justice, the right to equality, the right to education, the right to freedom of opinion, the right to ownership, and the right to get a job. .In other words, without protection there will be social oppression, human colonization, and authoritarian life arrangements. Therefore, freedom and the will for independence must be protected from oppressive outside forces.
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Aryani, Katrin. "Peranan Hukum Ekonomi Islam dalam Meningkatkan Kesejahteraan UMKM di Indonesia". Indonesian Journal of Law and Justice 1, nr 2 (19.12.2023): 13. http://dx.doi.org/10.47134/ijlj.v1i2.2053.
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Micro, Small and Medium Enterprises (MSMEs) is an economic sector that plays an important role in improving the welfare of the people in Indonesia. However, MSMEs still face various obstacles, one of which is the legal aspect. This research aims to examine the role of Islamic economic law in improving the welfare of MSMEs in Indonesia. The research method used is qualitative, using literature studies and interviews with several Islamic MSME actors. The results show that Islamic economic law has a positive role in improving the welfare of MSMEs, both in terms of economic, social, and spiritual aspects. Islamic economic law provides principles that are in accordance with Islamic values, such as justice, balance, transparency, accountability, and social responsibility. Islamic economic law also provides legal protection for MSMEs, both in terms of licensing, agreements, and dispute resolution. Thus, Islamic economic law can be one of the solutions to overcome the problems of MSMEs and improve the welfare of the people in Indonesia.
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Malekian, Farhad. "The Homogeneity of International Criminal Court with Islamic Jurisprudence". International Criminal Law Review 9, nr 4 (2009): 595–621. http://dx.doi.org/10.1163/156753609x12487030862584.
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AbstractWhen implemented, the systems of the International Criminal Court (ICC) and Islamic criminal jurisdiction have to ensure equality, justice and peace for humanity. Consequently, implementation of international or Islamic justice does not necessarily emphasise applying the power of law but rather, as well as possible, the power to achieve appropriate human rights principles, which can reach the heart of the international community as a whole. Giving priority to any concept of law, thus recognizing one concept over another, diminishes the value of international criminal justice and creates contradictions in the application of an impartial equal jurisdiction and basic philosophy of cultural attitudes. Therefore, when the ICC Statute was being drafted, there was a strong tendency to overlook the cultural context of law within the social structures of various nations. The chief purpose of this article is to look into the basic principles of the Statute and examine whether similar principles can also be found within Islamic criminal jurisprudence. The article indicates the ability of both systems to function together and increase the practical intensification of international criminal justice. The study also offers, in a homogenous manner, to expand the juridical relationship, seeking cooperation and accommodation between the two systems in order to modify, adapt, adjust or alter laws for the better understanding of justice and equality between nations around the world. Prevention of international crimes will not be achieved through Islamic or ICC jurisprudence, or through any other system of law, but solely by cultivating equal justice together with the spirit of love and mutual admiration. This is the only seed for the promulgation of the ethic of reciprocity or the celebration of the golden rule of humanity.
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Bidabad, Bijan. "Philosophy of law: an Islamic Sufi approach". International Journal of Law and Management 60, nr 5 (10.09.2018): 1179–95. http://dx.doi.org/10.1108/ijlma-06-2017-0132.
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Purpose The purpose of this paper is to investigate the first causes of right, law and legislation, namely, the philosophy of law. To know the principles of right, it is essential to recognise its aim. The concept of “Justicia” is in full agreement with Islamic law. The adaptation of duty to genesis and nature is crucial to distinguish the legal and illegal domains of deeds. The legislation domain is one of the subjects of this paper. Design/methodology/approach In Sufi viewpoint, justice stands for: “Putting everything in its own place that causes its utmost growth”. This definition expands the domain of legislation by focusing on ethics and humanitarian transcendence. It not only considers equal living and civil rights for all the people, but also provides more additional rights for those who are more aptitude to grow. Findings Determining law-making borders raises the major question that how far it should be extended, providing the acceptability and stability of laws. Practical implications People are not equal to each other, but this inequality is not to be for domination or exploitation of the others. It means that the talent and growth capability of every individual in different situations differ. Social implications Real Islamic justice forces that everyone receives his right due to his/her growth eligibility and up to his/her level of inherent aptitude. Originality/value The depth of this approach has not been fully discussed yet.
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Yazid Ahmad, Md. "JUSTIFICATION OF INHERITANCE DISTRIBUTION FOR WOMEN ACCORDING TO ISLAMIC INHERITANCE LAW". International Journal of Advanced Research 10, nr 07 (31.07.2022): 1110–14. http://dx.doi.org/10.21474/ijar01/15136.
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The issue of justice in inheritance distribution in Islamic inheritance law is often questioned by certain quarters especially among rights advocates of gender equality who claim that there exists a discrimination between men and women which denies women social justice in the context of inheritance distribution as compared to men with a ratio of 2:1. In truth, the ultimate aim of Islamic inheritance law is to dignify justice in inheritance distribution at all levels and to eligible heirs without discrimination in terms of gender, age and physical body adequacy. Therefore, the objective of this article is to articulate and thus raise the concept of justice in inheritance distribution according to Islamic inheritance law which is often disputed and disregarded by some who hold the view that Islamic inheritance law implementation is a form of discrimination to women. To achieve this objective, this study employed a content and data analysis study which were obtained from document analysis and are explained and delivered descriptively. Results of this study found that the determined eligibility and proportion are appropriate with the role of each member of the family especially the men who have to bear various responsibilities financially and provision-wise. Besides, distribution principle with a ratio of 2:1 between men and women is non-binding from certain aspects. In fact, there are situations where the women allocation exceeds that of men.
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Kamsi, Kamsi. "Politics of Islamic Law in Indonesia: Indonesianization of Islamic Law". Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum 52, nr 1 (31.01.2020): 1. http://dx.doi.org/10.14421/ajish.v52i1.304.
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Abstract: Indonesianization of Islamic law contains two tendencies; first, is the ideal of building Islamic law that characterizes Indonesia by freeing itself from Arab culture and making Indonesian custom as one of the sources of Islamic law. The peak is marked by the emergence of the concept of Jurisprudence of Indonesia. The second tendency is constitutional-oriented Indonesianness, which is to formulate Islamic law in the form of legislation through consensus (Ijma`) of Indonesian clerics. The author argues that such a process of Islamic law becomes a national law. Given Indonesia is a country with a population of bhinneka (Plurality). In this article the author analyzes with the theory of differentiation in unification that is paying attention to diversity (plurality), in the form of a codification of law that contains legal unification as well as legal differentiation. And in the process of enactment toward the Indonesianization of the law it is necessary to note the existence of the national guidance principles, namely: the law in Indonesia must guarantee the integration or the integrity of the nation, the law must be created democratically, the law must encourage the creation of social justice and must pay attention to the principles of humanity, principles of human rights, and the principle of equality before the law.Abstrak: Indonesianisasi hukum Islam mengandung dua kecenderungan; pertama, adalah cita-cita membangun hukum Islam yang berciri khas Indonesia dengan membebaskan diri dari budaya Arab dan menjadikan adat Indonesia sebagai salah satu sumber hukum Islam. Puncaknya ditandai dengan munculnya konsep fikih Indonesia. Kecenderungan kedua adalah keindonesiaan yang berorientasi konstitusional, yakni memformulasikan hukum Islam dalam bentuk peraturan perundang-undangan melalui konsensus (Ijma`) ulama Indonesia. Penulis berpendapat bahwa proses demikian menjadikan hukum Islam sebagai hukum nasional. Mengingat Indonesia adalah negara dengan penduduk yang plural. Dalam artikel ini penulis menganalisis dengan teori diferensiasi dalam unifikasi yaitu memperhatikan pluralitas, dalam bentuk satu kodifikasi hukum yang mengandung unifikasi hukum sekaligus diferensiasi hukum. Dalam proses pemberlakuan menuju Indonesianisasi hukum perlu diperhatikan adanya kaedah-kaedah penuntun nasional, yaitu: hukum di Indonesia harus menjamin integrasi bangsa, hukum harus diciptakan secara demokratis, hukum harus mendorong terciptanya keadilan sosial, dan harus memperhatikan prinsip kemanusiaan, prinsip hak asasi manusia, dan prinsip persamaan di depan hukum.
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Rifenta, Fadlih. "KONSEP ADIL DALAM HUKUM WARIS ISLAM". FUADUNA : Jurnal Kajian Keagamaan dan Kemasyarakatan 2, nr 1 (22.08.2019): 23. http://dx.doi.org/10.30983/fuaduna.v2i1.2024.
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<p><em>The science which is lost first among muslim community is the knowledge of inheritance as Rasulullah had been explained. Moreover, there are some efforts to destroy the inheritance law arrangement in islam. By the opinion that the division of inheritance that for son is equal with two daughters is a form of injustice toward woman. Therefore, it is allowed to create modification for Islamic inheritance law. This paper tries to explain the justice concept in Islamic inheritance law. By the conclusion that, First ; the definition of Islamic inheritance law has to follow the determination by Allah SWT and it does not mean that equal division is equal quantity. Second; in the case of inheritance division in islam, it contains the universal justice according to theology, economic and social.</em></p>
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Ismanto, Ismanto, i Suparman Suparman. "Sejarah Peradilan Islam di Nusantara Masa Kesultanan-Kesultanan Islam Pra-Kolonial". Historia Madania: Jurnal Ilmu Sejarah 3, nr 2 (29.07.2020): 67–88. http://dx.doi.org/10.15575/hm.v3i2.9169.
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What about the development of Islamic criminal law in Nusantara? This question should have been raised for the position of Islamic civil law is widely related to positive law, both as an influencing element or as a modification of religious norms formulated in civil law, even stated in the substantial legal scope of Law No.7 1989 dealing with religious justice. While Islamic law in the field of criminal justice - to mention another term of the Islamic criminal law - has not attracted much attention like the field of Islamic civil law. Apart from that, the available academic studies are often political in nature and broaden the distance between the understanding of positive criminal law and Islamic law in the field of criminal law. From a macro-historical perspective, the plurality of laws is inevitably a historical reality. The Positivism School believes that: the development of law is formalized for the sake of the law only. These circles strongly reject political interference in law, law by law, legal science in the form of value-free science while political science especially when associated with social science can be in the form of value-loaded science. According to this group's view, the procedure of finding, forming, and implementing law are in the hand of legal apparatus, the law can only be found through the judge's decision. The legal formation process is limited to legitimator products passed by the law. Law is a command of the law giver.
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Husain, Sahin, Nasir Purkon Ayoub i Mukhammadolim Hassmann. "Legal pluralism in contemporary societies: Dynamics of interaction between islamic law and secular civil law". SYARIAT: Akhwal Syaksiyah, Jinayah, Siyasah and Muamalah 1, nr 1 (30.04.2024): 1–17. http://dx.doi.org/10.35335/cfb3wk76.
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Legal pluralism refers to the simultaneous existence of different legal systems in a single community. This presents intricate challenges and opportunities for governance, justice, and social cohesion in many socio-cultural settings. This study examines the interplay between Islamic law (Sharia) and secular civil law in modern nations, specifically aiming to comprehend the intricacies, conflicts, and consequences of legal pluralism. This study does a thorough literature analysis to analyze existing scholarship on legal pluralism. It synthesizes important findings and perspectives from many geographical places that have significant Muslim populations. The review emphasizes the complex and diverse nature of legal pluralism, which involves the coexistence, competition, and accommodation of various legal traditions. Furthermore, it recognizes the difficulties that arise from conflicts between Islamic law and secular civil law, such as differences in rights and safeguards, tensions based on religion and cultural differences, and obstacles to efficient government and societal unity. Moreover, the review examines the wider consequences of legal pluralism on academic research, policy-making, and practical implementation. It proposes potential areas for future research to enhance our comprehension of the dynamics of legal pluralism and to guide efforts in fostering inclusivity, fairness, and appreciation for diversity within legal systems. This research adds to the continuous efforts of building inclusive and equitable legal systems that defend human rights, develop social cohesion, and promote justice for all individuals by recognizing the diversity of legal traditions and viewpoints within modern cultures. Research Highlights: Complex Dynamics of Legal Pluralism: The research elucidates the multifaceted nature of legal pluralism, examining the coexistence, competition, and accommodation between Islamic law and secular civil law in diverse socio-cultural contexts. By synthesizing existing scholarship, the study provides a comprehensive understanding of the complexities and tensions inherent in legal pluralism dynamics. Challenges and Implications: The study identifies key challenges arising from conflicts between Islamic law and secular civil law, including disparities in rights and protections, tensions along religious and cultural lines, and impediments to effective governance and social cohesion. These insights shed light on the broader implications of legal pluralism for governance, justice, and social cohesion within contemporary societies. Policy and Practice Recommendations: By exploring the broader implications of legal pluralism for scholarship, policy, and practice, the research offers valuable recommendations for promoting inclusivity, equity, and respect for diversity within legal frameworks. These recommendations inform strategies for addressing challenges and fostering inclusive legal systems that uphold human rights and equality for all individuals.
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Fatmawati, Fatimah. "Tafsir Kontekstual Surah Al-Maidah 49-50 Sebagai Anti Tesis Terhadap Ideologi Fundamentalis Di Indonesia: Pendekatan Kontekstual Abdullah Saeed". POROS ONIM: Jurnal Sosial Keagamaan 3, nr 2 (30.12.2022): 127–39. http://dx.doi.org/10.53491/porosonim.v3i2.344.
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This study aims to analyze the meaning of Hukmullah (God's law) in the QS. Al-Maidah 49-50. This study is important considering the many efforts made by Islamic-Fundamentalist group to clash Pancasila’s law with God's law. This research answers two question: First, what is the meaning of God’s law and jahiliyyah’s law in the QS. Al-Maidah 49-50. And Second, how is the relevance of QS. Al-Maidah 49-50 with the current law in Indonesia. To answer this question, Abdullah Saeed's Contextual Tafsir is used. The result is that the Jahiliyyah law refers to discriminatory law based on lust and social status, while Allah's law refers to justice and egalitarianism. Thus, by using Abdullah Saeed's term, the verse has an instructional value, with universal message. It is not a specific command that obliges formal Islamic Law in the state system. In the current era, the existing law in Indonesia has been based on the principle of justice. This principle of justice is one of the points in the ideology agreed upon since the beginning of the founding of the Indonesian nation, namely Pancasila. The precepts is: Social Justice For All Indonesian People. This research is limited to the meaning of hukmullah in QS. Al-Maidah 49-50, so that this research can be developed further to find the meaning of hukmullah in other surah in the al-Qur’an.
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Al-Saadi, Arwa Ahmed Hamood, Hafshah Hafshah, Mostafa Mostafa, Mursyidi Mursyidi i Moh Ulul Albab. "The Judge in the Islamic Balance". Syura: Journal of Law 1, nr 2 (23.12.2023): 86–102. http://dx.doi.org/10.58223/syura.v1i2.101.
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This academic paper delves into the intricate and multifaceted role of the judge within the context of Islamic jurisprudence. Drawing from the rich and diverse heritage of Islamic legal traditions, the study seeks to illuminate the judge's pivotal position as the embodiment of justice, ethics, and social equilibrium in Muslim-majority societies. It explores the historical evolution of Islamic jurisprudence and its relevance in contemporary legal systems, emphasizing the judge's duty to uphold Islamic law while adapting to the changing demands of modern society. In conclusion, this paper provides a comprehensive analysis of the judge's pivotal role in the Islamic legal system and its relevance in the modern world. It underscores the importance of preserving the integrity and independence of the judiciary while adapting to the evolving needs of Muslim-majority societies. Understanding the judge in the Islamic balance is essential for promoting justice, fostering social harmony, and maintaining the principles of Islamic jurisprudence in a contemporary global context.
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Huda, Miftakhul, Niska Shofia, Ending Solehudin, Opik Rozikin i Hisam Ahyani. "Development of Progressive Islamic Law in Indonesia Regarding �Apostasy� as Grounds for Divorce: Insights from Maqasid Sharia". Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam 6, nr 1 (29.05.2024): 73. http://dx.doi.org/10.30659/jua.v6i1.36754.
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The development of Islamic law in Indonesia, particularly concerning apostasy as a cause of divorce, is significant in the evolution of Islamic law. The complexity of Indonesia's social and legal system poses challenges in integrating Islamic values with societal diversity. This research aims to understand the development of Islamic law in Indonesia regarding apostasy issues through the analysis of maqasid sharia. Using a descriptive-analytical approach, data from various sources are examined to understand the development of Islamic law in Indonesia, focusing on the implications of maqasid sharia regarding apostasy as a reason for divorce. Findings indicate that progressive Islamic law development in Indonesia emphasizes a balance between religion and individual justice, protecting individual rights in divorce and seeking fair solutions through legal reforms considering the principles of maqasid sharia.
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Tasbih, Tasbih, Abbas Langaji, Saidah A. Hafid, Andi Faisal Bakti i Abdul Gaffar Haris. "Islamic Feminists’ Rejection of the Textual Understanding of Misogynistic Hadiths for the Advancement of Gender Justice in Makassar, Indonesia". Samarah: Jurnal Hukum Keluarga dan Hukum Islam 8, nr 1 (7.02.2024): 196. http://dx.doi.org/10.22373/sjhk.v8i1.19856.
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Islam is a religion that upholds the values of justice and equal rights between men and women, but the understanding of the Indonesian Muslim community is still wrong with the teachings of Islam. One of the reasons includes misunderstanding of misogynistic hadiths, namely hadiths that editorially seem to demean women. This study aims to explore Islamic feminists’ rejection of the textual understanding of misogynistic hadiths to uphold gender justice. This Islamic feminist stance needs to receive support so that gender justice is in line with Islamic law. This research uses empirical qualitative methods by analyzing the theory of understanding hadith and gender theory. The study obtained data from interviews and a literature review. The respondents interviewed were academics, NGO activists, and community leaders, while the literature included journal articles, books, and Islamic textbooks on Islamic law. The study took place in Makassar City, Indonesia from September 2022 to March 2023. Findings reveal that Islamic feminists in Makassar City criticize the textual interpretations of misogynistic hadiths as they demean women’s dignity and are not in accordance with the values of Islamic teachings. If analyzed from a gender perspective, Islamic feminists have played an important role in fighting for gender equality in a religious context. Meanwhile, in the context of hadith understanding theory, a contextual approach is needed to provide a comprehensive understanding of society so that gender justice is realized. The contribution of this study is that the Islamic feminist perspective that reviews misogynistic hadith through a contextual approach helps provide inspiration and direction for other efforts to encourage social change and gender justice.
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Kaas, Al-Hawary, Dubis Bhutta Birdsall i Hossain Aziz. "Comprehensive approaches to child development in islamic law". SYARIAT: Akhwal Syaksiyah, Jinayah, Siyasah and Muamalah 1, nr 1 (30.04.2024): 58–70. http://dx.doi.org/10.35335/wsrkf668.
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This research examines comprehensive approaches to child development within the framework of Islamic law, synthesizing findings from a range of studies published in the last two decades. The review explores the multifaceted nature of child development across financial, educational, moral, emotional, and spiritual dimensions within Islamic contexts. Key findings highlight the significance of parental responsibilities in providing for children's basic needs, ensuring equitable inheritance, and investing in both religious and secular education. Moreover, the review underscores the critical role of moral and religious upbringing in shaping children's character and behavior, fostering values such as integrity, compassion, and social responsibility. Emotional and psychological support emerge as essential components of child development, promoting resilience, self-esteem, and emotional well-being. Additionally, the review examines the importance of preparing children for adulthood by instilling practical skills, ethical values, and a strong sense of responsibility. The synthesis of findings underscores the holistic approach advocated by Islam, which prioritizes the well-rounded development of children within a framework of justice, equity, and compassion. The review provides valuable insights for parents, educators, policymakers, and researchers in promoting the holistic well-being of children within Islamic contexts. Research Highlights: Intersection of Religious and Secular Education: The research elucidates the intersectionality of religious and secular education within Islamic contexts, emphasizing the importance of integrating both domains to foster well-rounded individuals capable of navigating the modern world while upholding Islamic values. Ethical Financial Planning: The research underscores the significance of adhering to Sharia principles in financial planning for children, highlighting the ethical imperative of ensuring halal income and investments to promote financial stability and spiritual well-being. Parental Intentions (Niyyah): The role of parental intentions (niyyah) emerges as a key factor in fulfilling obligations towards children, emphasizing the importance of sincerity and devotion in nurturing children within an Islamic framework. Justice and Equity: Islamic principles of justice and equity profoundly influence parental responsibilities, emphasizing the fair and equitable treatment of children in all aspects of upbringing, including financial provision, education, and discipline.
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AliIbasic, Ahmet. "The Place for Others in Islam". Comparative Islamic Studies 3, nr 1 (19.10.2008): 98–123. http://dx.doi.org/10.1558/cis.v3i1.98.
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The following article deals with the place of the other in Islamic sources and law. It first elaborates general Qur‘anic principles and precedents from the early history of Islam that might serve as a theoretical basis for co-existence in Islam.
Those include co-existence as God‘s will, supremacy of justice over religious formalism, separation of legitimacy of the other, and belief in the correctness of his/her views, and less-known examples of cooperation and mutual support between the Prophet Muhammad and pagans of Mecca. The second part surveys norms of Islamic law that provide for protection of non-Muslims‘ life, property, religious freedom, legal autonomy, and social justice and security. The overall aim of the study is to show that even classical Islamic law provides solid foundation for normal functioning of multi-religious societies.
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., Sugianto, i Wahyu Oktaviandi. "Strengthening Implementation of the Justice Restorative Justice in the Perspective of Law Number 16 Year 2004 on the Judiciary and Islamic Law". International Journal of Research and Review 8, nr 11 (30.11.2021): 410–18. http://dx.doi.org/10.52403/ijrr.20211152.
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Restorative Justice is an approach to justice that focuses on the needs of the victims and perpetrators of crime, as well as involving the community, not to follow the principle of punishment for the perpetrators accompanied by the consideration of the judges. The principle of Restorative Justice process of the completion of the action a violation of law that occurs is done by bringing victims and offenders together talking. The act of punishment alternative to using the justice restorative should be pursued by the state so that the adhesion of unity of the nation become strong and become potential of socio economic development and politics of the country. The propriety of the imposition of a criminal through the justice restorative so the duty and responsibility of law enforcement to sharpen legal analysis and sensitive conscience of humanity. justice restorative aims to reconcile the conflicting parties. If offenders could be rehabilitated with other measures that better then the punishment should be avoided. In the penalty ta'zir, forgiveness and granting the minimum penalty is the criminal justice system of Islam that can change the penal system of retributive to restorative. This research problem is how the strengthening of restorative justice in the settlement of the criminal case according to Law Number 16 Year 2004 On the Prosecutor's office? How the actualization of the completion of the criminal case through the restorative justice perspective of Islamic Law?. The purpose of this study was to determine the strengthening of restorative justice in the settlement of the criminal case according to Law Number 16 Year 2004 On the Prosecutor's office and find out the actualization of the completion of the criminal case through the restorative justice perspective of Islamic Law. Methods this research was conducted using qualitative research a research process and understanding based on the methodology that investigates a phenomenon of social and human problems. The results of this study concluded, that the strengthening of restorative justice in the settlement of the criminal case according to Law Number 16 Year 2004 On the Prosecutor's office through a mediation that can be used in resolving a criminal case. A new breakthrough in the Indonesian criminal justice system in the completion of a criminal offence outside the court. Keywords: Strengthening of Justice, Restorative Justice, Attorney General and Islamic Law.
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Lee, Eun-Kyoung. "The Impact of Islamic Values on Banks’ ESG Performance". Institute of Middle Eastern Affairs 23, nr 1 (30.04.2024): 105–36. http://dx.doi.org/10.52891/jmea.2024.23.1.105.
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The corporate social responsibility (CSR) and environmental, social and governance (ESG) issue has drawn global interest in financial markets. Many theoretical studies argue that Islamic principles connote the CSR and ESG principles as they emphasise socio-economic justice and prohibit the abuse of property. Therefore, the current study aims to empirically examine the impact of Islamic values on banks’ ESG. This study finds that Islamic values and principles play a crucial role in the increase of banks’ ESG performance. In particular, Islamic economy, law and governance, and human and political rights values significantly affect the environmental and social aspects of banks ESG. Secondly, Islamic banks’ ESG performance is more affected by Islamic values.
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Mohammad Latief, Muhammad Fajar Pramono i Shanaz Nurzaini Bey. "The Islamization of Jhon Locke’s Justice Theory: Integration of Islamic Concepts and Jhon Locke’s Theory of Justice". Hikmatuna : Journal for Integrative Islamic Studies 9, nr 1 (28.06.2023): 30–40. http://dx.doi.org/10.28918/hikmatuna.v9i1.951.
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The Study world is faced with inter-community conflict, which creates disparities in social life. From this, John Locke tried to bring up the theory and concept of justice to achieve a prosperous society, but John Locke's theory and concept of justice ended in social capitalism and the behavior of prejudicial others that comes with critics from the Westerns. So, the purpose of writing this paper is to criticize John Locke's theories and concepts of justice with several theories of justice from other scientists, reveal the positive and negative sides of the whole, then only take the positive side. The writing of this paper uses the analytical-descriptive method to describe the theory of justice by John Locke and several other scientists, then analyze it to reach criticism and the positive and negative sides. So then by writing this paper will contribute to the integration of John Locke's concept of justice with including Islamic values. The result of integrating the concept of justice is that John Locke plays a role in expressing that there is a lack of wishful thinking about John Locke's concept of justice and the Islamic concept that can gain prohibition demonstrating that the Islamic law concept can support any tone without compromising any side.
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Bidabad, Bijan. "Individual law: an Islamic Sufi approach". International Journal of Law and Management 60, nr 6 (12.11.2018): 1338–53. http://dx.doi.org/10.1108/ijlma-06-2017-0135.
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Purpose The purpose of this paper is to show how individual law is defined in Islam. Individual law includes a set of human rights that the government is bound to vindicate by duty. Islamic law approach is how human beings transcendence, and freedom may be formed wisely. Design/methodology/approach Spiritual flourishing is the goal of Islamic Sufism. The main topics of individual freedom are discussed here are freedom of opinion, will, religion, speech, meeting, minorities, rule of law, equality before law, rights resulted from implementing justice, ownership and self-determination of destiny and jobs, which are explained through the Islamic Sufism viewpoint. Findings By comparing individual law in Islamic law with the other law schools, transcendence of the former is more clarified. Research limitations/implications Comparative research of the other religions’ gnosticism will develop the paradigm. Practical implications The principles highlighted in this study can be used for applied debates in the field to promote individual law for understanding and recompilation. Social implications Delicateness, truthfulness and righteousness of Islamic Sufism may turn the attentions of scholars and researchers to this rich viewpoint. Originality/value Individual law scholars have not touched the topic from this viewpoint. This paper opens new challenging area.