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Pendekatan Sosiologi Dalam Studi Hukum Islam Marsudi Marsudi
Justicia Islamica Vol 1 No 2 (2004)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

Abstract This study aims to analyze the role of sociological approach in Islamic law studies and its implications for the understanding and application of sharia in society. The method used is juridical-sociological research with a descriptive-analytical approach, through literature studies and studies of social phenomena that influence the dynamics of Islamic law. The results show that the sociological approach helps to understand Islamic law not only as a normative norm, but also as a system that develops in social interaction. Factors such as culture, economy, and social change influence the implementation of Islamic law in various contexts. Therefore, the integration of a sociological approach in the study of Islamic law allows for a more comprehensive and responsive analysis of the reality of society, so that Islamic law can be applied in a more relevant and equitable manner.
Kontroversi HAM dan Budaya Marsudi Marsudi
Justicia Islamica Vol 2 No 2 (2005)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to analyze the controversy between human rights and culture, especially in the context of differences in universal values and local wisdom. The method used is qualitative with a descriptive-analytical approach, through a literature review of international human rights documents, cultural theory, and cases that reflect the clash between human rights and local traditions. The results showed that tensions between human rights and culture arise due to differences in perspectives in interpreting individual rights and social norms. On the one hand, human rights emphasize equality and universal freedom, while culture is often based on diverse community values. This study emphasizes that a dialogical and contextual approach is needed to bridge these differences, so that the application of human rights can be aligned with cultural dynamics without neglecting the principles of justice and humanity.