HAK ASASI MANUSIA DALAM PERSPEKTIF HUKUM ISLAM

Authors

  • Hamdan Hamdan IAIN Mataram

Keywords:

International law, human rights, and Islam

Abstract

Human rights were declared by United Nation in 1948. Human rights become a reference for international world and influence all aspect relations and contemporarily-international law. However, interpretation and implementation of human rights in national scope are not as smooth as its acceptance. Collision between culture and local law and universal human rights cannot be avoided. Islamic law is the product of Syariah that is applied in all over Muslim countries in which they are also United Nation member. Is there a collision between international law of human rights and Islamic law, then how to solve it. This is a statement that has to be answered thoroughly in those both perspectives. Dialogical approach gives the most satisfactory solution. Through the doctrine of marginal appreciation in one side and benefit in another side, both are entrance for other cases for opening dialogues in order to achieve collective understanding about human rights. The positive effect for
Islamic law is Fiqih that is like to regain its spirit and the benefit is not merely jargons.

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References

An-Na’im, Abdullah Ahmed, Dekonstruksi Syari’ah: Wacana Kebebasan Sipil, Hak Asasi Manusia, dan Hubungan Internasional dalam Islam, ter.

Ahmad Suaedy dan Amiruddin Arrani (Yogyakarta: LKiS, 1997)

Baderin, Mashood, Hukum Internasional Hak Asasi Manusia dan Hukum Islam, ter. Musa Kazhim dan Edwin Arifin (Jakarta: Komnas HAM, 2010)

http://aminabd.files.wordpress.com/2013/10/agama-ilmu-dan-budaya.pdfPopper, Karl R., Logika Penemuan Ilmiah, ter. Saut Pasaribu dan Aji

Sastrowardoyo (Yogyakarta: Pustaka Pelajar, 2008)

Rahman, Farzlur, Islam, ter, Ahsin Mohammad (Bandung: Pustaka, 2010)

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Published

2016-11-01

Issue

Vol. 14 No. 1 (2016)

Section

Articles

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