Sürdürülebilir Kalkınma Amaçları
Yazarlar
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.
- MakaleYayıncıda açık erişim2023Islamic 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.
- DergiJurnal Hukum Islam