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All Journal Waraqat : Jurnal Ilmu_Ilmu Keislaman Islamic Studies in the World
Shofwan Karim
Universitas Muhammadiyah Sumatera Barat
Religion Education Languange, Linguistic, Communication & Media

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Freedom of Religion in Islam and Human Rights: a Perspective on Humanitarian Principles in Islamic Law Ramza Fatria Maulana; Zulkifli; Mahyudin Ritonga; 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
The Concept of Social Fiqh in the Development of Islamic Law In Indonesia : A Comparative Analysis of The Regulation of Criminal Law and Civil Law M Fikar; Wendra Yunaldi; Sri Wahyuni; Shofwan Karim
Islamic Studies in the World Vol. 2 No. 3 (2025)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/isw.v2i3.3411

Abstract

Background. The development of Islamic law in Indonesia reflects ongoing efforts to reconcile normative fiqh with social realities within a plural legal system. The concept of social fiqh has emerged as a dynamic approach that emphasizes public interest, contextual reasoning, and responsiveness to societal change, particularly in the domains of criminal and civil law. Purpose. This study aims to analyze comparatively how social fiqh informs the formulation and implementation of Islamic criminal law and civil law regulations in Indonesia, and to assess its contribution to legal reform. Method. The research employs a qualitative comparative legal approach, combining normative analysis of statutes, court decisions, and fiqh literature with contextual analysis of socio-legal dynamics. Data are analyzed through doctrinal interpretation and comparative frameworks. Results. The findings indicate that, regardless of proficiency level, L1, FLCA, or FLE level, learners prefer more explicit OCF techniques, such as metalinguistics feedback and explicit correction. However, Korean undergraduates scored lower in the majority of OCF strategies (i.e., ignoring, elicitation, recast, explanation, and public feedback) compared to the other participants. Conclusion. The findings indicate that social fiqh plays a more explicit and flexible role in civil law regulations, facilitating adaptation to social needs, legal pluralism, and state law. In contrast, its influence on criminal law remains limited and cautious, constrained by positivist legal principles, human rights considerations, and political sensitivity.
Co-Authors M Fikar Mahyudin Ritonga Ramza Fatria Maulana Sri Wahyuni Wendra Yunaldi Zulkifli