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All Journal Jurnal Wawasan Yuridika SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Al-Mazaahib: Jurnal Perbandingan Hukum Yurisprudentia: Jurnal Hukum Ekonomi
Faizin, Mu’adil
Unknown Affiliation
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Protecting Child Labor Rights: Maqasid Sharia Framework and Policy Recommendations Yusefri, Yusefri; Faizin, Mu’adil; Jafar, Wahyu Abdul
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 2 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v8i2.24559

Abstract

Child labor remains a significant issue in contemporary society despite existing legal frameworks aimed at protecting children's rights. This study presents an original approach by applying the principles of Maqasid Syariah to evaluate and strengthen child protection laws in Indonesia, specifically Law No. 35 of 2014 on Child Protection. The objectives of this research are to assess the effectiveness of the current legal framework in protecting child workers, identify its limitations, and explore how Maqasid Syariah principles can enhance these laws. The research employs a qualitative method, utilizing literature reviews and legal analysis to evaluate the existing legal framework and propose improvements based on Maqasid Syariah principles. Empirical findings reveal several limitations in the current legislation, including inconsistent implementation and enforcement, resource constraints, lack of coordination among stakeholders, insufficient awareness and education about children's rights, and the need to address the root causes of child labor, such as poverty and socio-economic inequalities. The practical implications of this study include recommendations to prioritize education, enforce strict labor protection regulations, enhance community training and awareness, encourage multi-stakeholder cooperation, and conduct regular monitoring and evaluation of child protection policies and programs. The study also highlights the importance of using the hierarchy of five protections (religion, life, intellect, lineage, and property) as indicators in evaluating child protection. By adopting a holistic approach grounded in Maqasid Syariah, this study proposes a new theoretical framework to integrate these principles with contemporary child protection laws. This offers a promising avenue for enhancing the effectiveness of child labor policies globally, ensuring that children grow up in a safe, healthy, and supportive environment, free from exploitation and hazardous working conditions.
HAK ASASI MANUSIA DALAM PEMIKIRAN YUSUF QARADHAWI Faizin, Mu’adil
Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 5 No. 1 (2017): Al-Mazaahib
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1328.08 KB) | DOI: 10.14421/al-mazaahib.v5i1.1388

Abstract

The development of defining fairness gets Human Rights (HAM) idea. But, according to Human Rights, Islamic Law has discriminating dos for religious people. Finally, getting the theory, Islamic Law can’t be accept to  Human Rights. Otherwise, Yusuf Qaradhawi gets the theory that Islam Law has Maqashid Syariah as well as values of Human Rigths. Consequently, the researcher discusses Human Rights Of The Yusuf Qaradhawi Prespective. The research is library research which uses the analysis method to content analysis. The research discovers that Yusuf Qaradhawi divides his idea about Human Rights as three themes; the first, affirming honour of people; the second, affirming Human Rights; the third, struggling weak human rights. The base of his idea is the theorem of the Koran that uses a context approach, further effect of the moderate thinking, and on purpose for solving people condition, nowadays.
From Doctrine to Action: Islamic Law's Journey towards Social Change Beddu, Sumiyati; Karimullah, Suud Sarim; Muslim, Asbullah; Basuki, Nanda Ahmad; Faizin, Mu’adil
Jurnal Wawasan Yuridika Vol 8 No 1 (2024): 2024
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v8i1.4177

Abstract

This study reveals the journey of Islamic Law from doctrine to social action that brings change. Using a library research method through a comprehensive literature analysis, this study presents the complex challenges of translating Islamic law principles into concrete actions that expand social justice. The findings of this study identify that the gap between idealism and practice is often a major hurdle in implementing Islamic law. Islamic legal theory offers profound guidance on justice, ethics, and morality, emphasizing values such as social justice, general welfare, and protection of individual rights. However, its implementation often faces obstacles that obscure these noble goals. To achieve true social justice, implementing Islamic law must reflect these core values and not just be empty symbolism. It must be applied, embodying justice, benevolence, and the protection of human rights in everyday life.
THE LEASE OF SOUND HOREG: A FIQH MUAMALAH PERSPECTIVE Lubis, Ihsan Helmi; Faizin, Mu’adil; Amin, Muhammad
Yurisprudentia: Jurnal Hukum Ekonomi Vol 11, No 2 (2025): Edisi Juli-Desember
Publisher : Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/yurisprudentia.v11i2.17872

Abstract

This study aims to analyze the legality of the lease of sound horeg from a Fiqh Muamalah perspective. The widespread use of sound horeg in various community activities often gives rise to issues related to noise disturbance, damage to public and private property, public order, potential social conflict, health problems, and even death. In the context of Fiqh Muamalah, lease contracts (ijarah) are fundamentally permissible as long as they fulfill the prescribed pillars and conditions and do not contain elements of harm (maḍarrah). This research employs a literature study method with a normative-theological approach, examining Qur’anic evidence, hadith, and juristic maxims. The findings indicate that renting sound horeg is legally permissible (mubāḥ) when its implementation complies with the pillars and conditions of leasing. Conversely, if the use of sound horeg leads to harm—such as extreme noise (operating at volumes exceeding WHO standards/85 decibels for an 8-hour exposure duration), damage to public or private property, harm to auditory health, social conflict, disturbance of public order, destruction of marine ecosystems, or causing death to humans or marine life—then the leasing arrangement becomes impermissible. This prohibition is grounded in several Qur’anic verses, including Q.S. al-Baqarah 2:195, which forbids actions that endanger oneself or others; Q.S. al-Ahzāb 33:58, which prohibits causing harm to fellow believers without just cause; and Q.S. al-A‘rāf 7:74, which emphasizes the prohibition of spreading corruption on earth. It is also supported by Prophetic traditions forbidding actions that harm oneself or others, along with the warning that those who burden or endanger others will themselves be burdened and endangered by God. Moreover, several juristic maxims apply, such as lā ḍarar wa lā ḍirār, al-ḍarar yudfa‘ bi-qadri al-imkān, and dar’ al-mafāsid muqaddam ‘alā jalb al-maṣāliḥ).
Co-Authors Asbullah Muslim, Asbullah Basuki, Nanda Ahmad Karimullah, Suud Sarim Lubis, Ihsan Helmi Muhammad Amin Sumiyati Beddu Wahyu Abdul Jafar Yusefri, Yusefri