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All Journal Waraqat : Jurnal Ilmu_Ilmu Keislaman Islamic Circle
Shofwan Karim
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Religion Education Languange, Linguistic, Communication & Media

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Islamic Law Strategy in the Context of National Law: Harmonization and Adaptatio Ritonga, Raja; Sri Wahyuni; Shofwan Karim; Wendra Yunaldi; Rusydi
Islamic Circle Vol. 5 No. 2 (2024): Islamic Circle
Publisher : Prodi Hukum Ekonomi Syari'ah STAIN Mandailing Natal

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Abstract

In Indonesia, Islamic law plays a significant role in various aspects of societal life, despite being within the framework of the national legal system based on positive law. Given the diversity of existing norms, the implementation of Islamic law within the context of national law often presents challenges in terms of integration and harmonization. Therefore, it is important to understand strategies that can be applied to accommodate the values of Islamic law within the plural national legal framework. This article aims to analyze and identify strategies that can be applied to integrate the principles of Islamic law into Indonesia's national legal system. The approach used in this study is qualitative, utilizing literature analysis and doctrinal study of legal texts, both Islamic law and positive law in Indonesia. Additionally, an analysis is conducted on the application of Islamic law in various legal fields in Indonesia, such as family law, religious courts, and criminal law. The findings indicate that the integration of Islamic law into Indonesia's national legal system requires a more contextual and adaptive approach, considering local values and societal diversity. Several strategies that can be implemented include harmonizing Islamic legal norms with positive law, enhancing the understanding of legal pluralism, and adjusting the implementation of Islamic law to align with the principles of social justice in Indonesian society.
Freedom of Religion in Islam and Human Rights: a Perspective on Humanitarian Principles in Islamic Law Ramza Fatria Maulana; Zulkifli; Ritonga, Mahyudin; Shofwan Karim
WARAQAT : Jurnal Ilmu-Ilmu Keislaman Vol. 10 No. 1 (2025): Waraqat: Jurnal Ilmu-Ilmu Keislaman
Publisher : Pusat Penelitian dan Pengabdian pada Masyarakat (P3M) Sekolah Tinggi Agama Islam As-Sunnah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51590/waraqat.v10i1.988

Abstract

This study aims to examine the development of religious freedom in Indonesia and the relationship between human rights (HR) principles in Islam and international HR standards. According to SETARA Institute data from 2023, there has been a significant increase in violations of religious freedom, with 217 incidents and 329 violation acts, mostly perpetrated by non-state actors. Although this right is protected by the constitution and Law Number 39 of 1999, serious challenges remain. This research employs a qualitative method with a descriptive-analytical approach to explore expert perspectives on religious freedom in Islam, integrating legal document analysis, academic literature, and a comparative approach between Islamic law and international HR standards. Findings indicate that HR principles in Islam have a strong foundation through the maqasid al-shariah principles, which encompass the protection of life, religion, intellect, lineage, and property, aligning with universal HR despite distinct theological bases. In Indonesia, as a country that recognizes religious pluralism and is founded upon Pancasila, religious freedom is guaranteed through the 1945 Constitution. The study concludes that harmonizing Islamic and international HR principles in religious freedom necessitates an integrative, dialogical, and contextual approach, especially through collaboration between Muslim scholars and international HR experts. Despite ongoing challenges such as radicalism and the politicization of religion, legal reform and moderate approaches in some Muslim countries demonstrate that a synthesis between Islamic values and modern HR can be achieved with balance and inclusivity
Co-Authors Mahyudin Ritonga Maulana, Ramza Fatria Raja Ritonga Rusydi Sri Wahyuni Wendra Yunaldi Zulkifli