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Harmonizing Islam and Human Rights Through the Reconstruction of Classical Islamic Tradition Mukharrom, Tamyiz; Abdi, Supriyanto
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 1 (2023): 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.v7i1.16436

As international human rights norms are increasingly ratified by many nation-states, including in the Muslim world. There has been an increasing debate among Muslims on the universality of human rights and their compatibility with Islam. Like any religious tradition, however, Islam is open to various and frequently conflicting interpretations about its inherent normative demands. This research is a normative legal research using a legal philosophy approach. Sources of data come from literature in the form of articles, books and all materials related to the discussion. This study concludes that there are various interpretations among Muslims regarding human rights issues. On the one hand, due to the fact that the modern discourse of human rights emerged from the West, which historically closely associated with imperialism and colonialism, certain Muslim groups maintain hostile views towards human rights. On the other, there are also Muslims who, because of their intensive engagement with the West, have produced views and thoughts that tend to be accommodating or even imitative towards everything from the West including human rights issues. The article argues that philosophically harmonization between Islam and human rights is quite possible to be carried out through the reconstruction of classical Islamic traditions, so that a dialectic occurs that builds and complements one another in the future.

Ijtihad Jama'i, Multi, Inter, and Transdisciplinary Approaches: A New Paradigm of Contemporary Islamic Law Khuluq, M. Khusnul; Mu’allim, Amir; Mukharrom, Tamyiz
International Journal of Science and Society Vol 6 No 4 (2024): International Journal of Science and Society (IJSOC)
Publisher : GoAcademica Research & Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54783/ijsoc.v6i4.1367

This article discusses the concept and application of ijtihad jama'i in the context of contemporary Islamic law. The dynamics and complexities of contemporary Islamic law require a new paradigm to obtain a comprehensive understanding of an issue. In complex issues, individual ijtihad with a mono-disciplinary approach is no longer able to provide a comprehensive picture. This article uses a qualitative approach, utilizing relevant literature as a source. Ijtihad jama'i, which is a collective effort to formulate solutions relevant to the dynamics of modern society, is examined. Meanwhile, multidisciplinarity, interdisciplinarity, and transdisciplinarity represent new approaches in formulating Islamic law today. These approaches allow for collaboration and integration across various disciplines. In practice, the success of ijtihad jama'i in meeting the demands of modern society requires collaboration between scholars, legal practitioners, and experts from various disciplines. With this new paradigm, Islamic law on any given issue can be formulated more comprehensively. Thus, this article provides in-depth insight into how ijtihad jama'i, with multidisciplinarity, interdisciplinarity, and transdisciplinarity approaches, can become a new paradigm in addressing the challenges of Islamic law in the contemporary era.

The Naik Dango Tradition In The Agricultural Practices Of The Dayak Kanayatn Community, West Kalimantan: A Maqasid Al-Shariah Perspective Of Abd Al-Majid Al-Najjar Agung Prakoso, Imam; Mukharrom, Tamyiz; Yusdani
Al-Kharaj: Journal of Islamic Economic and Business Vol. 7 No. 2 (2025): All articles in this issue include authors from 3 countries of origin (Indonesi
Publisher : LP2M IAIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/kharaj.v7i2.6948

This Research examines the Naik Dango tradition practiced by the Dayak Kanayatn community in West Kalimantan from the perspective of Maqasid Syariah Abd al-Majid al-Najjar. This tradition is not only a ritual of gratitude for the harvest, but also a social, ecological, and economic system that supports community food security. The method used is a descriptive qualitative approach with ethnographic techniques through participatory observation, interviews, and documentation. The results of the study indicate that Naik Dango contains values of protection for life (ḥifẓ al-nafs), property (ḥifẓ al-māl), society (ḥifẓ al-mujtama‘), and the environment (ḥifẓ al-muḥīṭ al-māddī), as examined within the framework of maqasid syariah. This tradition supports the preservation of local seeds, solidarity-based food distribution, and intergenerational agrarian education. The conclusion of the study confirms that Naik Dango is a local manifestation of universal Islamic values in maintaining welfare and can be used as an alternative model in formulating sustainable food security strategies based on local wisdom

Towards Legal Justice: Expanding Criteria for Obligatory Bequests in Unregistered Wives in Polygamous Marriages Lubis, Rusdi Rizki; Asmuni, Asmuni; Mukharrom, Tamyiz; Seroza, Candra Boy; Kahar, Aisyah
Al-Ahkam Vol. 35 No. 1 (2025): April
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/ahkam.2025.35.1.25358

Decision Number 183/Pdt.G/2023/PA.Mbl and Number 547/Pdt.G/2023/PA.Utj has paved the way for expanding the implementation of obligatory bequest by granting the inheritance to the unregistered wife in a polygamous marriage. Stepchildren, non-Muslim heirs, and biological children born outside of a registered marriage are forms of expansion of the obligatory bequest regulated in the nomenclature of jurisprudence or the Circular of the Supreme Court (SEMA). This article is qualitative, with a normative and empirical juridical approach to finding legal justice through the path of maqāṣid al-sharī'a. The results of the study show that judges, to realize legal justice, have expanded the implementation of the obligatory bequest by granting the heir's property to the unregistered wife of a polygamous marriage. The researcher offers five criteria for granting an obligatory bequest to the unregistered wife. First, the unregistered polygamous marriage is known to the legally registered wife. Second, the rights and obligations between husband and wife have been implemented. Third, the time of obtaining the inherited property. Fourth, the maximum limit for obtaining inheritance property does not exceed the registered wife's share. Fifth, the psychological factor between husband and wife has been well established.

The Naik Dango Tradition In The Agricultural Practices Of The Dayak Kanayatn Community, West Kalimantan: A Maqasid Al-Shariah Perspective Of Abd Al-Majid Al-Najjar Agung Prakoso, Imam; Mukharrom, Tamyiz; Yusdani
Al-Kharaj: Journal of Islamic Economic and Business Vol. 7 No. 2 (2025): All articles in this issue include authors from 3 countries of origin (Indonesi
Publisher : LP2M IAIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/kharaj.v7i2.6948

This Research examines the Naik Dango tradition practiced by the Dayak Kanayatn community in West Kalimantan from the perspective of Maqasid Syariah Abd al-Majid al-Najjar. This tradition is not only a ritual of gratitude for the harvest, but also a social, ecological, and economic system that supports community food security. The method used is a descriptive qualitative approach with ethnographic techniques through participatory observation, interviews, and documentation. The results of the study indicate that Naik Dango contains values of protection for life (ḥifẓ al-nafs), property (ḥifẓ al-māl), society (ḥifẓ al-mujtama‘), and the environment (ḥifẓ al-muḥīṭ al-māddī), as examined within the framework of maqasid syariah. This tradition supports the preservation of local seeds, solidarity-based food distribution, and intergenerational agrarian education. The conclusion of the study confirms that Naik Dango is a local manifestation of universal Islamic values in maintaining welfare and can be used as an alternative model in formulating sustainable food security strategies based on local wisdom

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