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All Journal Al-Muamalat: Jurnal Hukum dan Ekonomi Syari'ah MAQASIDI
Fauziah, Ine
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Analysis on Defamation from the Perspective of Islamic Law and Article 12 of the Universal Declaration of Human Rights Sidiq, Gifar; Arifin, Tajul; Fauziah, Ine
MAQASIDI: Jurnal Syariah dan Hukum Vol. 5, No. 1 (Juni 2025)
Publisher : MAQASIDI: Jurnal Syariah dan Hukum published by the Islamic Criminal Law Program of the Sharia and Islamic Economics Department at the Sekolah Tinggi Agama Islam Negeri Teungku Dirundeng Meulaboh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47498/maqasidi.v5i1.4032

Abstract

This research is based on the fact that defamation is an important issue that affects the honor of individuals in various legal systems. This issue has far-reaching implications, both personally and socially, requiring a comprehensive approach to protecting individual rights. This research aims to analyze defamation from two legal perspectives, namely Islamic Law and Article 12 of the Universal Declaration of Human Rights (UDHR). This study uses a normative juridical approach with a descriptive analysis method. Data were collected through a literature review of relevant primary and secondary sources. Furthermore, the data was analyzed using qualitative data analysis techniques to explore the essence of legal protection in both perspectives. The results of the study show that both Islamic Law and Article 12 of the UDHR emphasize the importance of protecting the honor of individuals. However, Islamic law highlights more social and spiritual dimensions, such as the concept of maintaining honor as part of religious obligations. Meanwhile, the UDHR focuses on the protection of individual legal rights in the context of human rights. These findings indicate the need to integrate both approaches in the Indonesian legal system to provide more comprehensive and balanced protection against defamation cases. The implication of this research is to encourage legal policies that not only protect the rights of individuals but also pay attention to the typical moral and social aspects of Indonesian society.
Perlindungan Hukum terhadap Pelaku Ekonomi; Relevansi Pasal 8 The Universal Declaration of Human Rights dan Hukum Islam Ilham Pratama , Muhammad; Arifin, Tajul; Fauziah, Ine
Al-Muamalat Jurnal Hukum dan Ekonomi Syariah Vol 10 No 2 (2025): Al-Muamalat: Jurnal Hukum dan Ekonomi Syari'ah
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/muamalat.v10i2.10897

Abstract

This study aims to analyze the relevance between Article 8 of the Universal Declaration of Human Rights (UDHR) and the principles of Islamic law in ensuring legal protection for economic actors, as well as to identify points of convergence that can strengthen the national economic legal system to make it more just and humanistic. This article is categorized as library research using a qualitative approach. The methodology applied is a normative-juridical study. Primary data were obtained from the official texts of the UDHR, the Qur’an, Hadith, and literature on fiqh muamalah, while secondary data were derived from books, scholarly journals, and relevant legislation. The findings indicate a substantial alignment between the principle of effective remedy in Article 8 of the UDHR and the values of justice in Islamic law. Both emphasize the state’s responsibility to ensure effective, transparent, and equitable legal protection for every economic actor. Therefore, harmonizing international human rights norms with Islamic law becomes an essential step in realizing a legal protection system that is not merely legalistic but also grounded in universal morality and humanity.
Co-Authors Ilham Pratama , Muhammad Sidiq, Gifar Tajul Arifin