Sürdürülebilir Kalkınma Amaçları
Yayınlar
- MakaleAçık Erişim2025Integration of Maqaṣid al-Shari'ah in the Criminal Law Reform to Achieve Justice and Human Dignity
Ibrahim, Zumiyati Sanu; Karimullah, Suud Sarim; Assaad, Andi Istiqlal; Septiani, Rina; Okur, Huseyin
Inthispostmodernera,whentheboundariesbetweenlocalandglobalare increasingly blurred, efforts to build a contextual,ethical,andresponsive criminal justice systemhavebecomeanurgentnecessity.Thisstudyaims to propose a model of criminal law reform based on maqaṣ̣id al-shari'ah that is more humane and just, emphasizing not only the imposition of sanctions or punishments but also the rehabilitation and restoration of offenders.Thisstudyisnormative-juridical,employingadoctrinalanalysis approach and reinforced by various relevant legal theories to provide a philosophical foundation for evaluating the application of maqaṣid al-shari'ahincontemporarycriminallawneeds.Theresultsstatethatthe integration of maqaṣid al-shari'ah in criminal law reform in Muslim-majority countries, including Indonesia, should not be viewed merelyasasymbolicmoderationbetweenreligiouslawandhumanrights, but as a transformative project that requires epistemological courage to overhaul the classical view of legal authority and the meaning of justice. Amidst the wave of globalization that challenges the supremacy of religiouslawanddemandsstrongerprotectionofhumandignity,maqaṣid ispresentnotmerelyaspassivetheologicalvalues,butasactiveprinciples that require that law protect life, reason, freedom, and social welfare in concrete and measurable ways. The path toward integrating maqasid-based criminal law principles into the modern criminal legal systems of majority-Muslim countries is not a short-term project, as it requires a paradigm shift from a textualist approach to a contextual approach, from legalism to humanism, and from conservatism to intellectual courage.
- MakaleAçık Erişim2024Islamic Law and Human Rights: Convergence or Conflict?
Ibrahim, Zumiyati Sanu; Karimullah, Suud Sarim; Sulastri; Gönan, Yavuz; Okur, Hüseyin
The background of this study is rooted in the significance of human rights as a universal principle, which often faces challenges when applied within the context of Islamic law. The main issue is the incompatibility between some practices of Islamic law and the principles of human rights, which raises the question of how these two legal systems can interact without compromising their fundamental values. This study aims to explore the relationship between Islamic law and human rights, understand the challenges arising from differences in interpretation and implementation, and offer solutions to bridge these differences. This study uses a qualitative method combining text analysis, literature, and secondary data better to understand the concept of human rights in Islam and identify areas of potential conflict. The results show that the relationship between Islamic law and human rights is complex, where potential conflicts and convergence efforts coexist. Despite potential conflicts, the values of justice, equality, and human dignity in Islam align with Human Rights principles. However, differences in interpretation and implementation of the law can be a significant source of tension. This study highlights the importance of an approach rooted in cross-cultural and religious dialogue, as well as respect for diversity, to achieve a more harmonious convergence between Islamic law and universal human rights.
- MakaleAçık Erişim2024Empowering Muslim Women: Bridging Islamic Law and Human Rights with Islamic Economics
Insani, Nur; Ibrahim, Zumiyati Sanu; Karimullah, Suud Sarim; Gönan, Yavuz; Sulastri
This intersectional study investigates the harmonisation of Islamic law and human rights in the context of empowering Muslim women through Islamic economics. This study applies an intersectional approach in carrying out the library research method with literature analysis carried out integratively and comprehensively to explore and review various literature sources relevant to the research topic, including journal articles, books, research reports, policy documents, and other related sources of information. The results show that harmonisation between Islamic law and human rights in empowering Muslim women through Islamic economics significantly impacts achieving gender equality and supporting sustainable development. The complexity of Muslim women's identities influenced by factors such as religion, gender, and social class demands a holistic and integrated policy approach in the economy. While the Islamic economy offers great potential to enhance the role of women as agents of change and key drivers of economic development, the incompatibility between Islamic law and human rights conventions and issues of gender inequality points to the need for more inclusive legal and policy reforms. Identifying and recognising these challenges underscores the importance of adopting a comprehensive and coordinated approach. Specific measures that need to be strengthened include inter-agency cooperation, legal and policy reforms to support better gender equality, capacity building of women in the Islamic economic sector, and raising public awareness on the importance of women's empowerment. As such, this study enriches the academic literature and offers practical guidance for policymakers, stakeholders in the Islamic economy, and the general public in advocating and implementing effective and sustainable women's empowerment.
- MakaleYayıncıda açık erişim2024HIJACKING OF STATE POWER ON RELIGIOUS FREEDOM BY COMMUNITY ORGANIZATIONS IN INDONESIA
Prianto, Andi Luhur; Karimullah, Suud Sarim; Idri; Ibrahim, Zumiyati Sanu; Nugraha, Aat Ruchiat; Gönan, Yavuz
This study aims to reveal the failure of the state to use its authority to ensure the fulfilment of religious freedom for all its citizens maximally and adequately because, in practice, the state sometimes takes refuge behind the slogan of neutrality when it sees the majority group committing violent practices against minority groups. This study uses a discourse analysis method with a phenomenological approach to understanding the meaning of various events and human interactions. Meanwhile, the data was collected through literature study, media study, and observation using content analysis and discourse analysis methods in processing the data. Then this research results in the finding that opening the state accommodation gap to the demands of the majority religious group will provide space for them to take advantage of the similarities in their religious ideology with state actors and then attempt to dictate state policy. The inability of the state to be neutral in solving the problems of its people, at the same time, has given rise to the impression that a handful of certain social classes have controlled the state. Even this research results also show that tendencies of intolerance and discrimination arise in the community.