Sürdürülebilir Kalkınma Amaçları

  • MakaleAçık Erişim2025
    Integration 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.

    • SDG 16 · Barış, Adalet ve Güçlü Kurumlar
  • MakaleAçık Erişim2025
    Gender Analysis in the Islamic Law-Based Ecofeminism Movement for Ecosystem Protection

    Malik, Ihyani; Karimullah, Suud Sarim; Okur, Hüseyin; Rahman

    The ecological crisis reflects the failure of ethical relations between humans, nature, and power structures, thus demanding a review of the paradigm of domination that underlies these relations. This study analyzed how the principles of Islamic law can be integrated with the ideas of ecofeminism to create more inclusive and sustainable environmental policies. The study used an intersectional approach with comprehensive literature analysis and gender analysis frameworks to understand how social identity affects women's participation in ecofeminism and environmental protection based on Islamic law principles. The results of the study state that the integration of the principles of ecofeminism and Islamic law has excellent potential to create fair and sustainable environmental policies based on justice (‘adl), balance (mizan), and responsibility (khalifah). The concept of khalifah affirms the role of humans as custodians of the earth, provides a theological reason to support environmental conservation and inspires collective responsibility, including the role of women as essential agents. Programs that give women access to land and natural resources increase their participation in agriculture and environmental management, reduce poverty, and strengthen their role as agents of change. However, challenges such as resistance from patriarchal communities, lack of financial and technical support, and the need for ongoing education and training must be overcome. Technology also plays a crucial role in supporting inclusive and sustainable environmental policies.

    • SDG 5 · Toplumsal Cinsiyet Eşitliği
    • SDG 10 · Eşitsizliklerin Azaltılması
    • SDG 13 · İklim Eylemi
    • SDG 16 · Barış, Adalet ve Güçlü Kurumlar
  • MakaleAçık Erişim2025
    Intersectionality in Social Justice: Unpacking the Complexity of Oppression

    Suyahman; Karimullah, Suud Sarim; Syahril, Muh. Akbar Fhad

    This study aims to understand, explain, and address the complexities of oppression in a multicultural and multiethnic society such as ASEAN. This study uses a law-based methodological approach that integrates intersectionality, postcolonial, feminist, critical race, and queer theories concerning international legal instruments. Based on the results of the study, mapping the landscape of intersectionality in ASEAN reveals how the interaction of gender, race, class, religion, and sexual orientation creates multiple discriminations, such as those experienced by female migrant workers, the LGBTQ+ community, and religious and ethnic minorities, who are often marginalised in legal systems and public policies. While international instruments demand protection without discrimination, inconsistent implementation of laws in ASEAN exacerbates existing structural injustices. Therefore, a transformative strategy for social justice in ASEAN requires a rights-based approach that focuses on empowering vulnerable groups, their active participation in decision-making processes, and legal reforms that integrate principles of intersectionality to ensure equitable access to justice. This approach can only succeed if ASEAN countries align domestic policies with international standards, strengthen inclusive legal systems, and empower regional mechanisms such as the ASEAN Intergovernmental Commission on Human Rights (AICHR) to more effectively uphold human rights in the region.

    • SDG 10 · Eşitsizliklerin Azaltılması
    • SDG 16 · Barış, Adalet ve Güçlü Kurumlar
  • MakaleYayıncıda açık erişim2025
    Inheritance in the Mandailing Community: Value Changes from a Legal Culture Perspective

    Hsb, Putra Halomoan; Siregar, Fatahuddin Aziz; Karimullah, Suud Sarim

    This study explores the concept of marbagi dos in relation to the changing inheritance practices of the Mandailing community, viewed through the lens of legal culture. Marbagi dos, which literally means equal in the Mandailing indigenous people, has traditionally had a very important social dimension and equality. The type of research methodology used in this study is qualitative with a descriptive approach. The research data was obtained through interview techniques and participatory observation. In-depth interviews will be carried out with traditional leaders, scholars, and community members who play a direct role in the inheritance process. Using a legal culture approach, this study analyzes how the changes in values in Mandailing society are influenced by Islam which has implications for changes in inheritance practices in Mandailing, as well as how the community balances customary traditions with modern equality demands. The results of the study show that this inheritance transformation is a reflection of the adaptation of the Mandailing people to social changes, while maintaining cultural values within the framework of customary law. The implications of this study suggest that customary law is dynamic and capable of adapting to Islamic law and state law, highlighting the need for synergy between these three legal systems in crafting more inclusive policies.

    • SDG 10 · Eşitsizliklerin Azaltılması
    • SDG 16 · Barış, Adalet ve Güçlü Kurumlar
  • MakaleAçık Erişim2025
    Eco-Apartheid: Unpacking Environmental Injustice and its Impact on Human Rights

    Purba, Tumian Lian Daya; Karimullah, Suud Sarim; Palit, Silvester Magnus Loogman

    This study comprehensively examines how existing environmental policies often exacerbate social inequality and neglect the rights of vulnerable communities, particularly minorities, indigenous peoples, and those living below the poverty line. This study adopts a library research method, exploring the concept of eco-apartheid and its implications for human rights through an integrated literature review, combined with a content analysis approach. The results of this study confirm that eco-apartheid reflects structural injustices that violate human rights, particularly the right to a clean and healthy environment. Land grabbing, exploitation of natural resources, and urban segregation widen ecological and social inequalities, which are exacerbated by weak law enforcement and the dominance of corporate interests. The right to a decent and healthy environment has been recognised in international law proceedings, such as UN Resolution No. 76/300 of 2022, the 1972 Stockholm Declaration, and the 1992 Rio Declaration. In the ASEAN region, exclusive development has marginalised poor communities and reinforced eco-apartheid, necessitating a new legal paradigm that places the environment as a subject of human rights protection, with the application of various principles of precaution and vigilance, transparent policy reform, and protection for environmental defenders. Ecologically, just legal excellence is critical for eliminating eco-apartheid and guaranteeing every individual's right to a safe, fair, and sustainable environment.

  • MakaleAçık Erişim2024
    Islamic 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.

    • SDG 16 · Barış, Adalet ve Güçlü Kurumlar
  • MakaleYalnız künye2024
    Consumer Protection in the Digital Era: An Analysis of Consumer Protection in E-Commerce

    Septiningsih, Ismawati; Karimullah, Suud Sarim

    The digital revolution has fundamentally reshaped the way consumers interact with the marketplace. The emergence of e-commerce platforms has accelerated economic transactions while simultaneously introducing complex legal challenges, particularly regarding consumer protection. This study critically examines the effectiveness of consumer protection mechanisms in the digital era, with a focus on e-commerce practices in both domestic and cross-border contexts. Using a normative, juridical, and qualitative approach, the research examines the implementation of consumer protection principles in online transactions, with a specific focus on transparency, data privacy, unfair contract terms, and the accessibility of dispute resolution channels. The findings indicate that although several legal frameworks—such as electronic transaction laws and consumer protection statutes—have adapted to digital developments, their enforcement remains inconsistent and fragmented. Many consumers are unaware of their rights in digital transactions, while existing regulations often struggle to keep pace with the rapid pace of technological innovation. The study also reveals that dispute resolution in e-commerce is still dominated by platform-based mechanisms, which tend to prioritize business interests over consumer rights. Furthermore, cross-border transactions often create jurisdictional ambiguities that weaken consumer protection. This research makes an academic contribution by presenting a conceptual model of adaptive consumer protection, which integrates technological responsiveness, legal flexibility, and ethical accountability. It extends the theoretical discourse on digital consumer law by proposing the harmonization of international standards and the establishment of collaborative enforcement mechanisms between states and digital platforms. Practically, the study offers recommendations for policymakers and regulatory bodies to enhance consumer trust, foster digital literacy, and ensure equitable legal safeguards in the global digital marketplace.

  • MakaleAçık Erişim2024
    Empowering 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.

    • SDG 5 · Toplumsal Cinsiyet Eşitliği
    • SDG 8 · İnsana Yakışır İş ve Ekonomik Büyüme
    • SDG 10 · Eşitsizliklerin Azaltılması
    • SDG 16 · Barış, Adalet ve Güçlü Kurumlar
  • MakaleYayıncıda açık erişim2024
    HIJACKING 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.

    • SDG 16 · Barış, Adalet ve Güçlü Kurumlar
  • MakaleAçık Erişim2024
    THE DIALECTIC OF ISLAMIC LITERACY AND ADAT CONSERVATION: REMOTE COMMUNITY RECEPTION OF HADITHS IN THE KHUTBAH NAGA MANUSCRIPT OF WEST PAPUA

    Al Abza, M. Thohar; Zulfadli; Hasbillah, Ahmad ’Ubaydi; Syibromalisi, Arif; Karimullah, Suud Sarim

    This study seeks to explore the pattern of hadith reception in the da’wah practices within the Muslim community of Lilinta, Raja Ampat. In particular, it aims to explore how the hadith text, articulated in Arabic, continues to influence local behaviors, beliefs and customs, despite the community’s lack of cognitive understanding of the language. Employing the living hadith approach and adopting Stuart Hall’s reception theory, this study reveals that Lilinta community demonstrates a habitus pattern of ‘negotiation’ in hadith reception. This study found that while on the one hand the redaction of the hadith was not literally understood by the local Muslims, but the essence of hadith was practiced as cultural doctrines. The pattern of hadith transformation suggests that the hadith and its practices co-exist on divergent paths. Practice transpires through doctrinal channels, while the narrative remains misunderstood. This communalpractical living hadith, grounded in habitus rather than cognition, culminates in robust, albeit static traditions. This study concludes that hadith effectively molds the behavior and beliefs of the Lilinta community when viewed from the practiced behaviors over cognitive understanding.

  • MakaleAçık Erişim2024
    Humanitarian Ecology in Islamic Law: Balancing Human Needs and Environmental Preservation in Islamic Law

    Karimullah, Suud Sarim

    This study has a comprehensive objective of understanding the practical implications of environmental protection within the framework of Islamic law, taking into account the balance of human needs and ecological preservation. The method used is library research with literature analysis through synthesis and integration of information from various relevant sources, such as books, scientific articles, and other documents related to the research topic. The findings of the study show that environmental protection in the framework of Islamic law not only provides a solid moral and ethical foundation but also challenges the conventional paradigm in natural resource management by offering a holistic approach that integrates spiritual, social, and ecological values. Through maqasid al-sharia, environmental protection becomes an integral part of the objectives of sharia, namely preserving life (hifz al-nafs) and ecological sustainability (hifz al-biāh) by providing ethical guidance to prevent overexploitation while encouraging sustainable innovation. Thus, Islamic law not only responds to the challenges of the global environmental crisis but also offers a model of sustainability that brings together spiritual, ethical, and practical values in creating harmony between human needs and the preservation of nature, making it relevant as a strategic solution for the modern world.

    • SDG 16 · Barış, Adalet ve Güçlü Kurumlar
  • MakaleAçık Erişim2023
    The Relevance of the Concept of Justice in Islamic Law to Contemporary Humanitarian Issues

    Karimullah, Suud Sarim

    This study explores the relevance of the concept of justice in Islamic law to complex and urgent contemporary humanitarian problems. Through the method of literature study with integrative and comprehensive literature analysis, this research conducts in-depth and structured investigations of existing literature to summarize and synthesize relevant views, arguments, findings, and thoughts. The results of the study stated that the concept of justice in Islamic law is a central aspect in Islamic religious teachings and has wide application in facing various humanitarian challenges today. Through a deep understanding of the concept of justice in Islamic law, societies can form solid moral views and act effectively to advance human rights, address economic disparities, facilitate peace, and respond to other humanitarian issues. This makes it possible to view the concept of justice in Islamic law not only as a religious aspect but also as a potential source of inspiration to build a more just and sustainable world for all humanity, whatever their religious or cultural background.

    • SDG 16 · Barış, Adalet ve Güçlü Kurumlar
  • MakaleAçık Erişim2023
    Development of Zakat Distribution in the Disturbance Era

    Faizin, Mu’Adil; Karimullah, Suud Sarim; Faizal, Bhismoadi Tri Wahyu; Lubis, Ihsan Helmi

    With the growing number of publications on digital zakat, there is a pressing need for research on zakat management to develop general concepts that can serve as policy standards for zakat management practitioners and national zakat regulators. This research aims to provide insights into managing zakat in an easy, flexible, transparent, and targeted manner. The study employs field research methods, observing real events in society, and uses empirical legal research techniques with an interdisciplinary approach, incorporating sociological and ethnographic studies. The findings indicate that proper zakat distribution requires a deep understanding of its fiqh, grounded in shari'a texts and explored through both a linguistic approach (al-qowâid al-lughawiyyah) and an objective shari'a approach (maqâshid asy-syarî'ah). Furthermore, collecting zakat funds by national amil zakat agencies and institutions in Indonesia must adapt to contemporary times and technology, providing an alternative that facilitates muzakkī's in fulfilling their obligations.

    • SDG 16 · Barış, Adalet ve Güçlü Kurumlar
  • MakaleAçık Erişim2023
    Agus Moh. Najib’s Project and Ushul Fiqh Redesign: Interlinking of Islamic Law and Legal Sciece

    Karimullah, Suud Sarim

    This study devels into the transformational efforts of Agus Moh Najib, a prolific Muslim intellectual and professor of ushul fiqh at UIN Sunan Kalijaga Yogyakarta, in revitalizing and reforming the conceptual framework of ushul fiqh, which is the cornerstone of Islamic law in response to the complex challenges of modernity. The research conducted is a type of qualitative research with a descriptive-analytical review of various sources of literature that is equipped with a philosophical study through the data analysis method used is content analysis. The findings of this study highlight the ongoing process of redesigning ushul fiqh initiated by Agus Moh Najib is directed to bring closer and interconnect between Islamic law and legal science in general. He also sits the position of Islamic law in proportion between the sacred dimension and the profane dimension. Redesign of ushul fiqh as the foundation for jurisprudence and Islamic law is an urgent step to be done because the changing conditions and situations, time and place as a result of these factors, have invited a variety of serious problems related to jurisprudence and Islamic law. In contrast, the method of ijtihad developed by reformers of legal thinkers in answering various issues of modern times has not been satisfactory.

    • SDG 16 · Barış, Adalet ve Güçlü Kurumlar
  • MakaleAçık Erişim2023
    Intentionally Changing Everything: Deliberate Constructing in Corruption Case

    Kamsi, Kamsi; Julianto, Very; Billah, Mu'tashim; Karimullah, Suud Sarim

    The handling of corruption cases lacks consistency in the emphasis on the element of intention or deliberation. While some experts propose the concept of deliberation theoretically, its practical application in the field contradicts these theoretical studies due to the absence of clear indicators of intent. Deliberation, as explored in this research, is analyzed through the lenses of criminal law and psychology. The research employs the Forum Group Discussion (FGD) method, coupled with professional judgment from legal practitioners and academics. The findings reveal a shared perception among law enforcers regarding the deliberate nature of corruption cases. These law enforcers interpret relevant articles using a combination of scientific theory and the theory of Possibility in Certainty. From a psychological perspective, deliberate behavior is conceptualized as a construct that can be measured through the lens of scientific theory. The convergence of these perspectives highlights a unified approach among law enforcers in assessing intentionality in corruption cases.

    • SDG 16 · Barış, Adalet ve Güçlü Kurumlar
  • MakaleAçık Erişim2023
    FROM TRADITION TO MAINSTREAM: UNDERSTANDING THE INTEGRATION OF ISLAMIC LAW IN VARIOUS GLOBAL SETTINGS

    Karimullah, Suud Sarim

    The study highlights the importance of integrating Islamic law in global legal settings, enriching the legal framework, and promoting interreligious dialogue. This is an important area that needs to be understood and taken seriously in the context of ongoing world changes. The study used a qualitative approach to analyze academic literature, legal documents, and related research reports from various sources. The research findings identify several significant examples of integration of Islamic law in different global settings, including Muslim and non-Muslim majority countries. The integration of Islamic law in a worldwide legal environment offers meaningful potential. First, values such as social justice, balance, and common good in Islamic law can provide a different and complementary perspective to the principles of secular law. This impacts more inclusive and fair policies for the Muslim community. Second, the integration of Islamic law can better facilitate interreligious dialogue. Non-Muslim communities' more profound understanding of Islamic law may open the way for constructive dialogue, mutual understanding, and cooperation in addressing global legal issues. This has the potential to reduce tensions and increase interreligious tolerance. However, challenges and controversies are also part of integrating Islamic law. Recognition of the validity and relevance of Islamic law in more comprehensive legal settings is still doubted by some. At the same time, differences in interpretation and implementation can lead to tensions in diverse societies.

    • SDG 16 · Barış, Adalet ve Güçlü Kurumlar
  • MakaleAçık Erişim2023
    Sultan's Law and Islamic Sharia in The Ottoman Empire Court: An Analysis of The Existence of Secular Law

    Fatarib, Husnul; Meirison; Saharuddin, Desmadi; Bahar, Muchlis; Karimullah, Suud Sarim

    This article aims to describe the impact of legal dualism within the Ottoman Empire. After Constantinople was taken over, Sultan Muhammad Al-Fatih instituted a significant policy, including issuing laws and regulations for the benefit of society; then, there was also a dualism system within the Ottoman Empire, which was visible during the reign of Sultan Sulaiman I. During this time, foreign nationals were mainly recruited, and foreign traders began to gain impunity at the peak of power. This then prompted several questions, such as were the sultans free to create the laws they wanted, or was Islamic law still binding on them? Was Sultan's law an innovation from the Ottoman Empire or a legacy from the preceding dynasty in the form of Capitulation? To address those issues, the authors conducted a comparative historical analysis of various types of literature. We used a descriptive qualitative approach to Qānūn's position, which served as a springboard for foreign intervention in an Empire that was strong but weak in political policies which occasionally strayed outside the corridor of Islamic Sharia which had become customary and national culture. The tolerance separated from the corridors of Islam derailed during the crisis. This became a springboard for legal dualism in a state body with integrity in various dimensions.

  • MakaleAçık Erişim2023
    THE IMPLICATIONS OF ISLAMIC LAW ON THE RIGHTS OF RELIGIOUS MINORITIES IN MUSLIM-MAJORITY COUNTRIES

    Karimullah, Suud Sarim

    This study aimed to explore the complex implications of Islamic law on the rights of religious minorities in Muslim-majority countries. Through a comprehensive literature analysis, the study summarized information from various relevant text sources. The findings show the complex challenges faced by religious minorities when exercising the rights in Muslim-majority countries. Examining the impact of Islamic law on religious minorities' rights suggests that the legislation could provide a potential basis for protection. However, the interpretation and application of the law varies between countries. Introducing Islamic law into state policies often creates tensions between religious and universal human rights principles, requiring careful efforts to strike a delicate balance. In modern contexts, such as the impact of globalization and information technology, Muslim-majority countries are faced with challenges that prompt constant adaptation to ensure the effective protection of religious minorities’ rights. Therefore, addressing these challenges requires a comprehensive method including legal reform, interreligious dialogue, and community education to ensure that the rights of religious minorities are respected and substantially protected.

    • SDG 16 · Barış, Adalet ve Güçlü Kurumlar
  • MakaleYayıncıda açık erişim2023
    Islamic Law Challenges in Addressing Human Trafficking and Sexual Exploitation

    Insani, Nur; Karimullah, Suud Sarim; Sulastri

    Human trafficking and sexual exploitation remain complex global problems. Islamic law, as one of the legal systems in the world, has a strategic role in participating in overcoming this problem. However, the Islamic legal norms implementation requires support from the state and society. This research discusses the strategic role and challenges of the law in overcoming human trafficking and sexual exploitation. The research method used normative Islamic law with a philosophical approach. The analysis technique used prescriptive analysis, with the analysis process using Islamic legal reasoning. The research results show that Islamic law has a strategic role in resolving the problem of human trafficking and sexual exploitation. The argument is that, philosophically, Islamic law emphasizes the importance of maintaining human honor and dignity, while theoretically, Islamic law recognizes two main concepts in punishment, namely hudud and ta'zir. Hudud is a punishment determined by Allah and has clear rules in the Quran and Hadith. Meanwhile, ta'zir is a punishment determined by a judge for the benefit of society. The challenges of Islamic law in overcoming human trafficking and sexual exploitation are a lack of understanding of Islamic legal norms, which requires human values and justice; Islamic law is not implementable; and there is a perception that the principles of Islamic law can only be applied in Islamic countries. Therefore, global Muslim countries and communities are the main actors in maximizing the application of Islamic legal principles in overcoming human trafficking and sexual exploitation.

    • SDG 16 · Barış, Adalet ve Güçlü Kurumlar
  • MakaleAçık Erişim2023
    Agus Moh Najib's Thoughts on the Interconnection of Islamic Law and National Law

    Muhajir; Nisa, Ihda Shofiyatun; Munawar, Akhmad; Karimullah, Suud Sarim

    The number of controversies and debates about integrating Islamic law into the national legal system in Indonesia has led to many counter-productive perceptions, so progressive thinking is needed all parties can accept that. Therefore, this study examines the thoughts of Agus Moh Najib, a Muslim scholar, on integrating Islamic law into the national legal system to create a fair legal system by the demands of society and the state. Methodologically, this research uses a philosophical approach with library research and is also descriptive-analytical qualitative research. The results of this study state that Islamic Law and Indonesian law have several interrelationships and interconnections perspectives on Agus Moh Najib's. He provides recommendations that to maximise the interconnectivity of Islamic law to national law, the first step that needs to be taken is to redesign, reformulate and renovate the ushul fiqh building, which is the basis for the formation of Islamic law without having to tear it down by reviewing existing concepts and theories so that the role of ushul fiqh can be more optimal in developing Islamic legal science that contributes to the formation of laws and regulations in Indonesia. Then harmonisation is carried out between Islamic law and various legal sciences developed in Indonesia regarding subject matter and language. In other words, it is necessary to strive for the formation of the Islamic law that is in harmony with legal science in general based on the ideal moral norms of the core teachings of Islam and also considers the culture and empirical realities that exist in plural Indonesian society.

    • SDG 16 · Barış, Adalet ve Güçlü Kurumlar