Sürdürülebilir Kalkınma Amaçları

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• MakaleAçık Erişim2025/r/gumushane/14160
  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.

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• MakaleAçık Erişim2025/r/gumushane/13981
  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.

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• MakaleAçık Erişim2025/r/gumushane/12515
  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.

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• MakaleYayıncıda açık erişim2025/r/gumushane/12485
  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.

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• MakaleAçık Erişim2025/r/gumushane/11704
  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.

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• Yüksek Lisans TeziAçık Erişim2024/r/gumushane/21563
  Endonezya'da İslam hukukunun dini mahkeme sistemine dönüşümü

  Suud Sarım Karımullah

  Endonezya'nın İslam hukukuna dayalı dini mahkeme sisteminin dönüşümü, çeşitli ve gelişen bir toplumda sosyal değişim, hukuk ve adalet dinamikleri karşısında önemli bir çalışmadır. Bu araştırma, sömürge mirasından toplumda hala canlı olan yerel bilgeliğe kadar çeşitli hukuki gelenekleri içeren Endonezya'daki dini mahkemeler çerçevesinde İslam hukukunun nasıl adapte olabileceğini ve gelişebileceğini anlamayı amaçlamaktadır. Kullanılan araştırma yöntemi, özellikle dini mahkeme sistemi ve İslam hukuku ile ilgili mevzuatı incelemek için uygun olan normatif yasal araştırma yöntemidir. Bu yöntem teorik analiz, mevcut yasal kuralların yorumlanması ve yürürlükteki düzenlemelerin Endonezya'daki dini mahkeme sisteminde İslam hukukunun dönüşümünü ne ölçüde destekleyebileceğinin anlaşılmasına odaklanmaktadır. Araştırma, Endonezya'daki dini mahkeme sisteminin dönüşümünün sadece yapı ve prosedürdeki resmi bir değişiklik olmadığını, daha ziyade İslam hukukunun yargıya entegre edilmesine yönelik derin bir kararlılığı yansıtan bir dönüm noktası olduğunu ortaya koymuştur. Bu dönüşüm süreci evlilik, boşanma, miras, aile hukuku ve şeriat ekonomisi gibi İslam hukukunun çeşitli yönlerini kapsamaktadır ve bunların hepsi Müslüman vatandaşların dini öğretilerine uygun olarak yaşamları için sağlam bir temel oluşturmada önemli bir role sahiptir. Bu bağlamda, din mahkemeleri sadece kolluk kuvveti olarak değil, aynı zamanda başta ekonomik faaliyetler olmak üzere hayatın çeşitli alanlarında İslami ilkelere uygun olarak sürdürülebilirliğin ve adaletin sağlanmasında ön saflarda yer almaktadır. Bu nedenle, din mahkemeleri Endonezya'daki müslüman toplumların tüm yaşam yelpazesini kapsayan maddi adaleti gerçekleştirme çabasında önemli bir araçtır.

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• MakaleAçık Erişim2024/r/gumushane/14257
  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.

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• MakaleYalnız künye2024/r/gumushane/14134
  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.

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• MakaleAçık Erişim2024/r/gumushane/12825
  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.

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• MakaleYayıncıda açık erişim2024/r/gumushane/12509
  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.

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