Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam
Vol 23 No 1 (2020): Al-Qanun, Vol. 23, No. 1, Juni 2020

Relevansi Hak Asasi Manusia dengan Teori Ahliyyah

Moh Bagus (Universitas Narotama Surabaya)
Siti Partiah (Unknown)



Article Info

Publish Date
19 Jun 2020

Abstract

Human Rights are the basic rights of humans that inherent to them since they were born. As a constitutional state, Indonesia has legally recognized the existence of those regulations as mentioned in the 1945 Constitution of the Republic of Indonesia. On the other hand, as religion, Islam also has an expert theory or ahliyyah (the appropriateness of someone to act and take responsibility for his or her actions). The purpose of this paper is to find out the relevance of human rights to the expert theory or ahliyyah. By using descriptive normative analysis, it can be concluded that human rights and expert theory have relevance, where the theory of ahliyyah al-wujub had been given before someone was born and the theory of Ahliyyah al-ada’ has newly been given when they are capable or mature. In this case, human rights were given when he or she was born into the world. Of course, this connection is important because Indonesia makes Islamic law as one of the sources in the formation of legislation.

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Journal Info

Abbrev

qanun

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Al-Qanun merupakan jurnal ilmiah dan media komunikasi antar peminat ilmu syariah dan hukum. Al-Qanun mengundang para peminat dan ahli hukum Islam maupun ilmu hukum untuk menulis hasil penelitian yang berkaitan dengan masalah syariah dan hukum. Tulisan yang dimuat tidak mencerminkan pendapat ...