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All Journal AT-TAFAHUM: Journal of Islamic Law
Misdin Arifin HM
University Of Malaya Malaysia
Arts Humanities

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Review of Universal Human Rights Theory in the Perspective of Law and Justice Misdin Arifin HM; Sabna Anggraini
AT-TAFAHUM: Journal of Law Vol 9, No 1 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v9i1.29028

Abstract

This study analyzes the conceptual framework and philosophical foundations of human rights (HAM) through a review of key legal theories. The discussion begins with natural law theory, which argues that human rights are inherent, universal, and derived from transcendental ethical principles as a guide for positive law. As an antithesis, this study presents the theory of legal positivism, which emphasizes that human rights are a formal product of state institutions, where legal validity is separate from moral considerations. Next, this study examines theories of justice, particularly John Rawls's concept of "justice as fairness," to analyze the equitable distribution of rights, obligations, and resources within a social structure. The theoretical analysis concludes with a debate between universalism and cultural relativism. Universalism asserts the global applicability of human rights to every individual, while cultural relativism emphasizes the importance of social context, traditions, and local values. By synthesizing these perspectives, this study concludes that a thorough understanding of these theories is crucial for implementing human rights globally while maintaining sensitivity to the diversity of global contexts.
Analysis Of Islamic Law Regarding The Crime Of Drinking Alcohol (Syubul Khamr) Misdin Arifin HM; Naufal Fadhilah
AT-TAFAHUM: Journal of Law Vol 5, No 2 (2021)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v5i2.29141

Abstract

This study aims to analyze the crime of drinking alcohol (syurbul khamr) from an Islamic legal perspective, emphasizing the normative basis, forms of prohibition, and sanctions stipulated in the Shari'a. Alcohol, as an intoxicating beverage, is expressly prohibited in the Qur'an and Hadith because it can damage the mind, which is one of the main objectives of safeguarding the maqashid sharia. This study uses a qualitative method with a juridical-normative approach through a literature study of classical and contemporary Islamic legal sources. The results show that the prohibition of alcohol is not only moral, but also has a strong legal dimension with the existence of hudud sanctions for perpetrators. In addition, Islam also applies a preventive approach by prohibiting all activities related to alcohol, including production, distribution, and consumption. In the contemporary context, law enforcement against this crime faces various challenges, but the values contained remain relevant in maintaining social order and community morals. Thus, the prohibition of alcohol in Islam aims to protect individuals and society from physical, mental, and social damage.
Co-Authors Naufal Fadhilah Sabna Anggraini