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All Journal AJIS : Academic Journal of Islamic Studies NEGREI: Academic Journal of Law and Governance
Ilda Hayati
Institut Agama Islam Negeri (IAIN) Curup
Religion Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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The Opposition In The Shar'i Text And The Constitution Busman Edyar; Ilda Hayati; Gusti Pangestu
NEGREI: Academic Journal of Law and Governance Vol 1, No 2 (2021)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (380.022 KB) | DOI: 10.29240/negrei.v1i2.3823

Abstract

This paper aims to examine the opposition in the Islamic perspective (especially the study of verse/hadith texts) and in the Indonesian constitution. The type of research used is a literature study with a qualitative approach which is analyzed by means of content analysis. The results of the research are that the opposition in meaning as a counterweight, warning or as checks and balances, is justified in Islamic law. Even when this role is lost in the life of the state, the community will not only suffer losses but will also have the potential to receive punishment from Allah SWT. Meanwhile, from a constitutional perspective, the opposition is not literally written down, but the role of the House of Representatives with the function of controlling and supervising the administration of the state is at least a signal that opposition is not taboo in the Indonesian state system. Even the opposition is needed so that the state process can run well
Human Rights and Democracy in Islamic Perspective Busman Edyar; Ilda Hayati; Muslih Kondang
AJIS: Academic Journal of Islamic Studies Vol 7, No 2 (2022)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/ajis.v7i2.5500

Abstract

The purpose of this study is to clarify Islamic perspectives on human rights and democracy. The research method employed is a literature study with a qualitative approach that is examined using content analysis. The results of the research show that, within certain limits, Islam upholds the implementation of human rights that must be obtained by everyone. In Islam, there are concepts of al-usia al-daruriyah (human needs) and al-usia al-hajjiyah (human interests) that humans must fulfill and defend, such as the right to life (hifz al-nafs), the right to religious freedom (hifz al-din), the right to free thought (hifz al-'aql), property rights (hifz al-mal), and the right to have offspring (hifz al-nasl). Likewise, with democracy, Islam upholds democratic principles such as al-musawah (egalitarianism), al-hurriyah (independence), al-ukhuwwah (brotherhood), al-Jadi (justice), and al-syura (deliberation). Even these principles are in line with the basic concepts of Islamic teachings to a certain extent, even though in practice, not all such democracies are justified. The parameters of democracy (including the concept of human rights) are that it is accepted by Islam as long as it does not contradict the essential principles of Islam.
Co-Authors Busman Edyar Gusti Pangestu Muslih Kondang