Bazarova Dildora Baxadirovna
Tashkent State University Of Law, Uzbekistan

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Political Rights of Former Prisoners in Electoral Democracy: A Contextualized Islamic Political Perspective from Indonesia and Uzbekistan Shulhan Iqbal Nasution; Sugih Ayu Pratitis; Mhd Ansor Lubis; Windy Sri Wahyuni; Bazarova Dildora Baxadirovna
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 13, No 1 (2026): January-June
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v13i1.9062

Abstract

The restriction of passive political rights for former prisoners represents a globally contested legal phenomenon at the intersection of democratic integrity, human rights, and moral leadership standards. Despite its prevalence, comparative normative scholarship examining this restriction through an integrated Islamic political jurisprudence framework remains limited. This study addresses that gap by analyzing the legal dynamics of electoral democracy and the restriction of passive political rights for former convicts through a comparative study of Indonesia and Uzbekistan, integrated with a Siyāsah Shar'iyyah perspective. Employing normative legal research with statutory, conceptual, and comparative approaches, this study systematically examines constitutional frameworks, constitutional court rulings, and electoral reform legislation in both jurisdictions. The findings reveal three convergent dimensions: first, both countries ground political right restrictions in the principles of proportionality, legal certainty, and public interest protection, though through contrasting institutional mechanisms — Indonesia through judicialized constitutional review and Uzbekistan through state-led administrative reform; second, Indonesia's Constitutional Court Decision No. 56/PUU-XVII/2019 establishes a mandatory five-year post-sentence waiting period as a sociological rehabilitation filter, while Uzbekistan's 2019 Electoral Code liberalized voting access without fully resolving the passive rights gap for serious offenders; third, from a Siyāsah Shar'iyyah standpoint, leadership eligibility is conditioned upon Adalah (moral integrity) and Amanah (trustworthiness), wherein criminal conviction — particularly for corruption — constitutes a temporary forfeiture of Adalah, recoverable through verified Tawbah (repentance) and Raddul I'tibār (rehabilitation), yet legitimately subject to conditional restriction under Maṣlaḥah Mursalah (public interest). This study contributes a normative-comparative model demonstrating that temporal restrictions on the right to be elected are compatible with both international human rights standards and Islamic political ethics, provided they are proportional, non-discriminatory, and legally bounded. The findings offer policy implications for Muslim-majority democracies seeking to harmonize electoral integrity with rehabilitative justice frameworks.
The Crime of Trafficking in Persons in Indonesia: Applying Islamic Criminal Law to Develop a Victim Rehabilitation Framework amilang amilang; Amir Ilyas; Hamzah Halim; Saharuddin Saharuddin; Bazarova Dildora Baxadirovna
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 12, No 2 (2025): October
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v12i2.8443

Abstract

Rehabilitation for victims of human trafficking must include physical, psychological, and social recovery, as well as the reintegration of victims into their families and communities. This research aims to analyze the rehabilitation of victims of human trafficking as a form of the application of Islamic criminal law. This research uses a qualitative approach with a juridical-empirical method. The research results emphasize that the urgency of rehabilitation for victims of human trafficking is very important considering the complex and multidimensional nature of the impact of this crime, which includes physical, psychological, and social aspects. Victims often experience prolonged trauma, health issues, and loss of rights and dignity due to exploitation. Comprehensive rehabilitation services not only help victims to function socially in a proper manner and restore their rights, but also prevent retraumatization during the recovery and law enforcement processes. The reform of Islamic criminal law in regulating the rehabilitation of victims of human trafficking crimes has become very important to address contemporary social and legal challenges. Based on the principles of maqashid sharia such as the preservation of life, intellect, and social welfare, this reform offers a humanistic and contextual approach, making Islamic criminal law not only a tool of punishment but also an instrument of rehabilitation and restorative justice