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Ketegangan HAM dan Hukum Islam: Menelusuri Akar Masalah Moh Munir
Justicia Islamica Vol 4 No 2 (2007)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to explore the root of the tension between human rights and Islamic law. It explores the main sources of disagreement between universal human rights principles and Islamic legal norms, as well as attempts at reconciliation between the two. The method used is library research with a descriptive-analytical approach. The research sources include international legal documents, classical and contemporary Islamic legal literature, and related academic studies. The results of the study show that this tension is rooted in epistemological differences, historical contexts, and legal interpretations that have developed in various Muslim regions. Despite these differences, a number of modern Muslim thinkers have attempted to harmonize human rights and Islamic law. This study emphasizes the importance of constructive dialogue to bridge differences without neglecting the fundamental principles of each legal system.
Pembaharuan Hukum Islam: Perspektif Muhammad Abduh Moh Munir
Justicia Islamica Vol 1 No 2 (2004)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to analyze the concept of Islamic law reform in the perspective of Muhammad Abduh and its relevance in the context of modern Islamic law. The method used is normative juridical research with a historical and conceptual approach, through a study of the literature of Abduh's works and the thoughts of contemporary scholars. The results of the study show that Abduh emphasizes ijtihad as the main instrument in the renewal of Islamic law, by rejecting taqlid which limits the development of law. He argues that Islamic law must be dynamic and able to adapt to social change, without neglecting the basic principles of sharia. His thinking made a significant contribution to the reform of Islamic law, especially in building a legal system that is more rational and in line with the needs of modern society. This study emphasizes the importance of a contextual approach in understanding and developing Islamic law.