Siyasah Dusturiyah: State Law Review
Vol. 1 No. 4 (2026): Siyasah Dusturiyah: State Law Review

Freedom of Opinion from the Perspective of Islamic Law and Human Rights

Ahmad Husairi (Sulthan Thaha Saifuddin State Islamic University Jambi)
Sarah Nur Izzati (Sulthan Thaha Saifuddin State Islamic University Jambi)
Kurnia Saputri (Sulthan Thaha Saifuddin State Islamic University Jambi)



Article Info

Publish Date
24 Jan 2026

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.

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Journal Info

Abbrev

SDLR

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Siyasah Dusturiyah: State Law Review focuses on studying and developing constitutional law, political law, and governance from both Islamic and comparative perspectives. The journal provides a platform for scholarly discussion and critical analysis of constitutionalism, state institutions, ...