Sürdürülebilir Kalkınma Amaçları
Yazarlar
Yayınlar
- MakaleAçık Erişim2025Scopus SJRQ1Integration 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.
AtıfScopus8OpenAlex2
İncele - MakaleAçık Erişim2025Scopus SJRQ2Intersectionality 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.
AtıfScopus6OpenAlex2İncele