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All Journal Kasta: Jurnal Ilmu Sosial, Agama, Budaya dan Terapan
Muslim Fikri
State Islamic University Prof. K.H. Saifuddin Zuhri Purwokerto, Indonesia
Education

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The Presumption of Innocence and Investigative Procedures: Examining Normative Disparity through the Lens of Islamic Epistemology Pujiono; Muslim Fikri; Moh. Roqib
KASTA : Jurnal Ilmu Sosial, Agama, Budaya dan Terapan Vol. 6 No. 2 (2026): June
Publisher : Lembaga Bale Literasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58218/kasta.v6i2.2843

Abstract

This study examines the tension between the presumption of innocence and investigative practices within criminal justice systems from the perspective of legal philosophy and Islamic epistemology. Employing a qualitative library research design, the study analyzes classical and contemporary legal texts to explore the relationship between ontological legal principles and epistemological processes in investigations. The findings reveal that the presumption of innocence should be understood as an ontological commitment that defines individuals as non-culpable legal subjects. However, in practice, investigative procedures often operate in a confirmatory mode, prioritizing suspicion and validation of initial assumptions rather than objective verification. This creates a structural misalignment between the ontological foundation of criminal law and the epistemological orientation of investigative practices. As a consequence, epistemic injustice emerges, where suspects are marginalized and denied meaningful participation in the construction of legal truth. From the perspective of Islamic epistemology, which emphasizes certainty (yaq?n), restraint, and moral accountability, such practices contradict the principles of substantive justice. The study proposes the need for reconstructing investigative epistemology by repositioning the presumption of innocence as an operative guiding principle. By integrating philosophy of law, epistemic justice, and Islamic legal theory, this research contributes to contemporary legal scholarship by offering a normatively coherent framework for achieving procedural fairness and substantive justice across legal systems.
Human Rights and Social Justice in Qur’anic Exegesis: A Thematic and Hermeneutical Study Pujiono; Muslim Fikri; Naqiyah
KASTA : Jurnal Ilmu Sosial, Agama, Budaya dan Terapan Vol. 6 No. 1 (2026): April
Publisher : Lembaga Bale Literasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58218/kasta.v6i1.2728

Abstract

Human rights and social justice remain central issues in contemporary global discourse, often perceived as products of Western modernity. This perception has contributed to ongoing debates regarding their compatibility with religious traditions, particularly Islam. This study examines the Qur’anic foundations of human rights and social justice through a thematic and hermeneutical analysis of classical and contemporary tafsir literature. Employing qualitative library-based research and a tafs?r mawd?‘? approach, the study analyzes key Qur’anic concepts such as the right to life, human dignity, equality, freedom, justice, distributive responsibility, and ecological balance. The findings demonstrate that the Qur’an articulates a comprehensive ethical framework for human rights grounded in divine authority and universal human dignity. Classical exegetes emphasize the normative and legal dimensions of justice, while modern interpreters expand Qur’anic ethics to address pluralism, constitutionalism, welfare state principles, religious moderation, sustainability, and education. Rather than contradicting universal human rights, the Qur’anic worldview provides a moral and spiritual foundation that reinforces justice, inclusivity, and social responsibility. This study contributes to Qur’anic studies and human rights scholarship by highlighting the relevance of Islamic ethical principles in contemporary legal, social, and global sustainability debates. It affirms that Qur’anic interpretation can serve as a constructive partner in advancing an inclusive and equitable human rights discourse.
Co-Authors Moh. Roqib Naqiyah Pujiono Pujiono