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All Journal Jurnal Scientia Fox Justi : Jurnal Ilmu Hukum Jurnal Multidisiplin Sahombu
Tolhah Toha Nawawi
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Arts Humanities Civil Engineering, Building, Construction & Architecture Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences

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Protection Of Human Rights According To Islamic Law Tolhah Toha Nawawi
Jurnal Scientia Vol. 13 No. 04 (2024): Education and Sosial science, September-December 2024
Publisher : Sean Institute

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This study seeks to examine the perspectives of Islamic law on the safeguarding of human rights within the framework of social and moral equity. This research examines the Islamic religion's primary sources, such as the Koran, Hadith, and interpretations by prominent scholars, to determine how Islamic religious law supports and safeguards human rights within Muslim culture. The research employs qualitative examination of religious texts, contextual interpretation of verses from the Koran and associated hadiths, and literature reviews about the perspectives of ulama and modern thinkers on matters pertaining to human rights. This research also entails a comparative analysis of the principles of safeguarding human rights in Islamic jurisprudence. The aim of this research is to gain a comprehensive understanding of how Islamic beliefs relate to the protection of human rights and whether they align with universally accepted international norms. Furthermore, this study seeks to discern any potential disparities between the notion of human rights in Islamic jurisprudence and the practical understandings prevalent in contemporary Muslim communities. It also endeavors to explore strategies for bridging these divergences.
Analysis of Testamentary Regulations in Islamic Law: A Study of Legal and Practical Aspects Tolhah Toha Nawawi
Jurnal Multidisiplin Sahombu Vol. 5 No. 03 (2025): Jurnal Multidisiplin Sahombu, (2025)
Publisher : Sean Institute

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This study analyzes the regulation of wills in Islamic law with a focus on legal and practical aspects. A will is an instrument in the distribution of inherited assets regulated by Islamic law, which has special provisions regarding limitations, recipients and implementation. This study uses a normative research method with a juridical-theological approach to explore the legal basis of wills in the Qur'an, Hadith, and fatwas of scholars. In addition, this study also reviews the practice of implementing wills in Muslim society, including the challenges that arise in their implementation. The results of this study indicate that a will in Islamic law has a significant role in distributing inheritance fairly, especially for parties who are not included in the list of heirs. Based on an analysis of Islamic legal sources, both from the Qur'an, Hadith, and the opinions of scholars, it was found that a will not only functions as a form of social concern, but also as a legal instrument that grants rights to certain individuals without violating the principle of justice in the distribution of inheritance. This study also emphasizes that the implementation of a will must meet certain requirements, such as the existence of ijab and qabul, a maximum limit of one third of the inheritance, and an agreement with the heirs if the amount exceeds this limit. In addition, wills have been proven to have a positive impact in preventing conflict among heirs and ensuring that the assets left behind are used properly in accordance with the principles of justice in Islam.
Protection of the Rights of Sharia Insurance Customers According to Islamic Economic Law Tolhah Toha Nawawi
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 03 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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This study aims to analyze the protection of Sharia insurance customers' rights from an Islamic economic law perspective. Sharia insurance offers an alternative risk protection system based on the principles of mutual assistance (ta'awun), mutual protection (takaful), justice, trustworthiness, and freedom from riba, gharar, and maisir. However, in practice, various problems remain related to the implementation of Sharia principles, particularly in terms of transparency, fulfillment of customer rights, and dispute resolution mechanisms. The research method used is normative legal research with a juridical and conceptual approach. Data were obtained through a literature review of primary, secondary, and tertiary legal sources, including the Quran, Hadith, fatwas from the National Sharia Council (DSN-MUI), laws and regulations, and relevant scientific literature. The data were analyzed descriptively and qualitatively to understand the alignment between Sharia insurance practices and Islamic legal provisions. The results indicate that the protection of customer rights in Sharia insurance has a strong legal basis, both normatively and juridically. This protection includes the right to clear information, trustworthy fund management, fair treatment, fulfillment of benefits according to the contract, and access to equitable dispute resolution. However, optimizing protection still requires increased oversight, transparency, and customer education. With the consistent application of Islamic economic law principles, it is hoped that the Islamic insurance system will be able to provide fair, transparent, and sustainable legal protection for customers.
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