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All Journal Siyasah Dusturiyah: State Law Review
Sarah Nur Izzati
Sulthan Thaha Saifuddin State Islamic University Jambi
Law, Crime, Criminology & Criminal Justice

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Freedom of Opinion from the Perspective of Islamic Law and Human Rights Ahmad Husairi; Sarah Nur Izzati; Kurnia Saputri
Siyasah Dusturiyah: State Law Review Vol. 1 No. 4 (2026): Siyasah Dusturiyah: State Law Review
Publisher : Yayasan Cahaya Generasi Positif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/p452ds42

Abstract

This research examines the right to freedom of opinion from the perspectives of Islamic law and the Declaration of Human Rights. In a democratic system, Indonesia is constitutionally required to protect freedom of expression as a non-derogable right under Article 28I paragraph (4) of the 1945 Constitution. Although essential to human dignity, this right is not absolute and may be lawfully restricted to protect public order, national security, and the rights of others. This study employs a normative juridical method by analyzing legal norms, doctrines, and theoretical frameworks governing freedom of opinion in Islamic legal thought and international human rights law. International recognition is affirmed in Article 19 of the Universal Declaration of Human Rights. The study concludes that clear, proportional, and legally grounded limitations are necessary to ensure responsible exercise within pluralistic societies. Harmonization between these frameworks can be achieved through contextual and purposive legal interpretation.
Co-Authors Ahmad Husairi Kurnia Saputri