M A K A L A H
The Function of Islamic Law in Community Life
The Concept of Human Rights (HAM) in Islam
Differences in Principles between the Concept of Human Rights in Islam and the West
Contribution of Muslims in Formulation and Law Enforcement in Indonesia
SRI INDAH RAMBE
NPM : 22130004
COURSE : RELIGIOUS EDUCATION
SUPERVISORS: AFHDAL ILAHI S.Pd, M.Pd
CHEMISTRY EDUCATION STUDY PROGRAM
FACULTY OF MATHEMATICS & NATURAL SCIENCES
SOUTH TAPANULI INSTITUTE OF EDUCATION
FACING. 2022 / 2023
All praise belongs only to Allah SWT, God the source of all knowledge who has given his grace and guidance so that this paper can be completed well on time. Shalawat and salam are always abundantly poured upon the Prophet SAW. Thanks to His grace, the writer was able to complete the task of this paper in order to fulfill the duties of the Islamic Religious Education course. Not forgetting that the writer would like to express his gratitude to all parties who have helped in the preparation of this paper, because it is thanks to him that we were able to compile this paper.
This paper is structured so that readers can broaden its relation to the Functions of Islamic law, the concept of human rights in Islam, the differences in principles between the concepts of human rights in Islam and the West, as well as the contributions of Muslims in the formulation and enforcement of law in Indonesia which the author presents from various sources of information and references. This paper was prepared with various obstacles. Whether it's coming from within or coming from outside. However, with patience and help from Allah, finally this paper can be completed.
Hopefully this paper can provide broader insights and contribute ideas to readers, especially friends. The author realizes that this paper still has many shortcomings and is far from perfect. For this reason, the author accepts various constructive suggestions and criticisms. Finally, the author would like to thank, I hope this article is useful for readers.
Padangsidimpuan, February 2023
Sri Indah Rambe
LIST OF CONTENTS
LIST OF CONTENTS………………………………………………………………………. ii
CHAPTER I INTRODUCTION……………………………………………………………….. 1
Problem Formulation……………………………………………………………… 1
Writing Purpose……………………………………………………………….. 1
The benefits of writing…………………………………................................... ........ 1
CHAPTER II DISCUSSION………………………………………………………….. 2
2.1 Functions of Islamic Law………………………………………………………………… 2
2.2 The Concept of Human Rights (HAM) in Islam…………………………….. . 4
2.3 Differences in Principles between Human Rights Concepts in
Views of Islam and the West…………………………………………………….. 7
2.4 Contribution of Muslims in Formulation
and Islamic Law Enforcement………………………………………………… 9
CHAPTER III CLOSING……………………………………………………………….. 14
3.2 SUGGESTION……………… 14
Human Rights (HAM) are basic rights or basic rights that humans have been born with as a gift from God Almighty. Meanwhile, according to Meriam Budiardjo, human rights are rights that belong to humans that have been obtained and brought along with their birth or presence in society.
By definition, rights are nominative elements that function as guidelines for behavior, protect freedom, immunity and guarantee opportunities for humans to maintain their dignity.
In Article 1 of Law no. 39 of 1999 concerning Human Rights states that "Human Rights (HAM) are a set of rights that are inherent in nature and the existence of humans as creatures of God Almighty, and are His gifts that must be respected, upheld and protected by the State, the law , the government and everyone, for the sake of honor and protection of human dignity.
1.2 PROBLEM FORMULATION
What are the functions of Islamic law in social life?
How is the concept of human rights (HAM) in Islam?
What are the principal differences between the concept of human rights in Islam and the West?
What is the contribution of Muslims in the formulation and diversity of law in Indonesia?
So that we know what are the functions of Islamic law in social life.
In order to know the concept of human rights (HAM) in Islam.
In order to know the principle differences between the concept of human rights in Islam and the West.
So that we know how the contribution of Muslims in the formulation and diversity of law in Indonesia.
The Function of Islamic Law in Society
As already stated in the discussion of the scope of Islamic law, that the scope of Islamic law is very broad. What is regulated in Islamic law is not only the relationship between humans and God, but also the relationship between humans and themselves, humans and other humans in society, humans and objects, and between humans and their environment.
There are quite a number of verses in the Qur'an related to the issue of fulfilling and protecting human rights and prohibiting a Muslim from committing human rights violations. For each person there is an obligation to obey the laws contained in the Qur'an and Hadith. The role of Islamic law in social life is actually quite a lot, but in this discussion it will only be
The main roles are stated as follows:
2.1.1 The Function of Worship
The main function of Islamic law is to worship Allah SWT. Islamic law is God's teaching that must be obeyed by mankind, and its obedience is worship which is also an indication of one's faith.
2.1.2 Functions of Amar Ma'ruf Nahi Munkar
Islamic law as a law shown to regulate life and the lives of mankind, clearly in practice will always be in contact with the community. For example, the process of banning usury and alcohol, clearly shows the connection between the determination of law (God) and the subject and object of law (deeds of mukallaf). Legislators have never changed or given tolerance in the process of banning. Usury or alcohol is not forbidden all at once, but gradually.
When a law is born, the most important thing is how the law is obeyed and implemented with full awareness. Lawyers know very well that it is quite risky if usury and khamr are prohibited at the same time for people who are addicts to usury and khamr. Reflecting on the episode of the prohibition of usury and khamr, it would appear that Islamic law functions as a means of social control.
Islamic law also pays attention to the condition of society so that the law is not violated and the ropes of control are released. Directly, the bad consequences of usury and khamr only befall the perpetrators. But indirectly, the environment is also threatened by this danger. Therefore, we can understand, the control function is carried out through the stages of prohibiting usury and khamr. This function can be called amar ma'ruf nahi munkar. It is from this function that the objectives of Islamic law can be achieved, namely bringing benefit and avoiding harm, both in this world and in the hereafter.
2.1.3 Fungsi Zawajir
Fungsi ini terlihat dalam pengharaman membunuh dan berzina, yang disertai dengan ancaman hokum atau sanksi hukum. Qishash, Diyat, ditetapkan untuk tindak pidana terhadap jiwa/ badan, hudud untuk tindak pidana tertentu (pencurian , perzinaan, qadhaf, hirabah, dan riddah), dan ta’zir untuk tindak pidana selain kedua macam tindak pidana tersebut. Adanya sanksi hokum mencerminkan fungsi hokum Islam sebagai sarana pemaksa yang melindungi warga masyarakat dari segala bentuk ancaman serta perbuatan yang membahayakan. Fungsi hokum Islam ini dapat dinamakan dengan Zawajir.
2.1.4 Fungsi Tandhim wa Islah al-Ummah
The next function of Islamic law is as a means to regulate as well as possible and expedite the process of social interaction, so that a harmonious, safe and prosperous society is realized. In certain cases, Islamic law stipulates rules that are quite detailed and detailed as seen in the law relating to other issues, namely muamalah issues, where in general Islamic law in this matter only stipulates basic rules and basic values.
The details are submitted to experts and parties who are competent in their respective fields, while still paying attention to and adhering to the basic rules and basic values. This function is called Tanzim wa ishlah al-ummah. The four functions of Islamic law cannot be separated for certain areas of law, but are interrelated with one another.
2.2 The Concept of Human Rights (HAM) in Islam
Islam as a perfect religion contains teachings that are universal - comprehensive, and has a complete and integrated concept as an ideal way of life for mankind until this earth dies.
Any problems in this world, or a new outlook on life in any form created by humans, will be answered by Islamic law.
In an Islamic point of view, the term 'right' literally means 'property', and 'something certain' as stated in Surah Yasin verse 7:
The saying is true of most of them, so they do not believe.
Which means: "Indeed, the word (God's provision) has definitely applied to most of them, because they do not believe."
Jurisprudence experts interpret the right as a mukallaf act related to the provisions of Islamic law. Theoretically, rights are classified in a spectrum trilogy, namely the rights of Allah, the rights of the servant, and the combination of the rights of Allah and the rights of the servant. What is meant by Allah's right is everything related to the public interest, without any specificity for someone. This right cannot be aborted and no one may ask to be released from this first type of right. In a way, this right of Allah is a universal rule in the realm of shari'a law. Allah's rights include two kinds; first, something that is a means of ritual and glorification of God. Second, something that contains the public interest, such as preventing crime and crime. Characteristics of this right can not be canceled, can not be changed,
Meanwhile, what is meant by servant rights or individual rights are rights related to the benefit of the individual. Such as the right to own property, family maintenance, health, sense of security, protection from crime, utilization of public facilities from the state, and so on. The characteristic of this right is that there is a legal dispensation, it can be aborted by pardon from the owner of the right, peace, release, or permission.
In reality, there is a kind of right that cuts between God's rights and human rights. For example in the case of adultery accusations. Accusations of adultery are sins related to one's self-esteem or lead to threats of sanctions for the accuser. When the punishment for the alleged act of adultery is realized, it will have the potential to create public good because it will keep people away from similar acts.
The perfection of the concept of rights in Islam is very visible in the detailed elaboration. So that there is no carelessness in Islamic law, because God's teachings succeed in balancing the rights of God and the rights of servants. In contrast to human-created rights (HAM), apart from being forced, their reach is also limited to visible order. Evidently, in the concept of man-made human rights, spiritual elements and transcendental norms often get a smaller portion, and even tend to be ignored. Whereas the human need for religious values is the most absolute and basic primary need.
Sheikh Wahbah al-Zuhayli in his book Fiqh Islami defines human rights as all actions aimed at preserving human welfare. Either in the form of universal rights, such as the right to obtain health, care for offspring, property, etc., or also specific rights in the form of the owner's right to take care of the property he owns.
In this context, Wahbah Zuhayli explained the method of applying human rights at a practical level as an effort to achieve harmony with the requirements of Shari'a. So that any form of activity that endangers others, both personally and collectively, must be prevented because it has left the territory of the Shari'a.
In Islamic literature there is also a comprehensive conceptualization of rights from various perspectives, including the rights of the soul and the rights of freedom. Soul rights are more related to the maintenance or care of the human soul. For example, humans must consume food and drink to empower themselves. Eating and drinking are basic needs, which even if there were no orders, people would do them. This soul right can also be extended to aspects of socio-economic rights and laws that govern humans.
Next is the right to freedom. This right is divided into the right to freedom of thought, freedom of opinion, and religious plurality. First, the right to freedom of thought or intellect. In Islam this type of right gets confirmation through religious normative texts, for example in Surah Yunus: 101, al-Baqarah: 164, al-Thariq: 6, Saba': 46, and al-Rum: 8, which broadly emphasize development mind and intellect.
Intellect which is a perfect gift from Allah should be cared for as best as possible and should not be left in vain. Without reason, humans will be eliminated from history, and will feel like animals who have no self-esteem.
Kedua, kebebasan berpendapat. Sebagai hak setiap individu, dalam Islam ia mempunyai posisi yang sangat vital. Bahkan Islam mewajibkan menyuarakan pendapat atau aspirasi khususnya yang berkaitan dengan kepentingan bersama yang berbingkai dalam amar ma’ruf nahi munkar. Namun, kebebasan berpendapat ini tidak bersifat mutlak. Islam membatasi dengan norma-norma moral agar tidak bertentangan dengan perintah dan larangan Allah.
Ketiga, pluralitas agama. Kebebasan beragama ini merupakan gambaran yang selalu digembar-gemborkan oleh para pemikir post-modern. Al-Qur’an secara tegas telah melegitimasi hak kebebasan ini sejak awal dalam surat al-Maidah: 48
Which means: "And We have revealed the Quran to you with the truth, confirming what came before, namely the books (which were revealed before) and the touchstone of those other books; then decide their case according to what God has revealed and do not follow their desires by abandoning the truth that has come to you. For each community among you, We give clear rules and a path. If God wills, He will certainly make you one nation (only), but God wants to test you against His gift to you, so compete to do good deeds. Only to Allah shall you all return, then He will tell you what you have disputed about,"
From this verse it can be understood that Allah could have made humans into one religion if He so desired. However, Allah has created humans in a plural and diverse way of life as a medium or test path for humans.
From this description it is clear that Islam pays great attention to human welfare. Universal benefit for humans can also be found in the objectives of Shari'a principles. This principle completely regulates all human needs, both elementary, complementary and supplementary. This concept is a divine concept that is projected to safeguard the rights to life, reason, religion, self-respect, property rights, and offspring. Meanwhile, the concept of human rights in the Universal Declaration of Human Rights is highly 'anthropocentric' or only human-centered. That is, human rights in Islam are rights that accommodate vertical and horizontal aspects.
This can be proven by the existence of the modern concept of human rights which is only based on what is idealized by the European enlightenment tradition, that human beings are free and autonomous subjects. Strictly speaking, human rights in the UN perspective place humans in a framework where their relationship with God is not mentioned in the slightest. While Islam places human rights as a consequence of the implementation of obligations to Allah.
In Islam, the expression of human freedom must be placed within the framework of justice, compassion, and equality before Allah. The Qur'an is very concerned with the need for the right to justice and the responsibility for its implementation.
2.3 Differences in Principle between the Concept of Human Rights in Islamic and Western Views
We as humans are given the freedom to choose our actions. Freedom is limited by human responsibility itself according to the instructions of the Koran in utilizing that freedom. God shows that humans are given the freedom to act and argue. He must be responsible for his freedom, all of these freedoms and responsibilities are then fully related to human rights.
When it comes to human rights or human rights, there will always be conflict between the Islamic version of human rights and the human rights version of western thinkers. These two perspectives basically always have contradictory aspects in various matters, especially those concerning human rights. Therefore, in this paper, the author will briefly describe human rights from these two perspectives by looking for differences and similarities.
Human Rights (HAM) are basic rights that must be owned by every human being living in the world without exception. Islam highly upholds and respects human rights. In Islam, the obligations ordered to humans are divided into two categories, namely huquuqullah and huquuqul 'ibad. Huquuqullah (rights) of Allah is a human obligation to Allah which is manifested in the form of worship rituals. Meanwhile huquuqul 'ibad (human rights) is a human obligation towards each other and towards other God's creatures.
There are two kinds of human rights when viewed from the huquuqul 'ibad category. First, human rights whose existence can be exercised by a state are usually called legal rights. Second, human rights cannot be directly implemented by the state, such as moral rights. The difference between the two lies only in the matter of accountability before the State. As for the issue of source, nature, and accountability before God, they are the same.
In Islam the harmony of the sanctity of human rights is far greater than just ritual worship. If a person does not fulfill his obligations before Allah he may still be forgiven. However, this is not the case in the case of not fulfilling obligations to fellow human beings.
There is a fundamental difference between the concept of human rights in Islam and the West. Human rights in Islam are based on the premise that human activity is the caliph of Allah on earth. Meanwhile, the Western world believes that patterns of behavior are only determined by the State to achieve safe public order.
Apart from that, the fundamental difference can be seen from the way of looking at human rights itself. In the West attention to individuals arises from an anthropocentric view, where humans are a measure of the symptoms of something. Meanwhile, Islam adheres to a theocentric view, namely God and humans only to serve him. Based on this anthocentric view, the main values of Western culture such as democracy, social institutions and economic welfare as instruments that support the upholding of human rights are oriented towards human respect. In other words, humans are used as the final target of the implementation of human rights.
In contrast to Islam which is theocentric, prohibitions and orders are based more on Islamic teachings originating from the Koran and Hadith. Al-Quran becomes a transformation of the quality of human consciousness. Recognizing human rights is an obligation in the framework of obedience to Him.
HAM in the first (Western) perspective places humans in a setting where their relationship with God is not mentioned at all. Human rights are considered as natural acquisitions from birth. Meanwhile, human rights in Islam regard and believe that human rights are a gift from God and therefore every individual will feel responsible to God (Shihab, 1998).
The difference between the West and Islam in regard to human rights, the first is more secular in nature because its orientation is only towards humans while the second is religious (divinity) because of its orientation to God so that it is responsible not only to humans but also to God.
Of course, we as academics can better understand the differences in human rights terminology based on these 2 perspectives. The author hopes that we do not collide these two different perspectives with each other
Contribution of Muslims in the Formulation and Enforcement of Indonesian Law
Birth of the 1945 Constitution
The Role of Muslims in Preparing and Laying Out the Foundations of an Independent Indonesia They took part in the BPUPKI (Investigating Agency for Preparatory Work for Indonesian Independence) which was formed on March 1, 1945. This was even more clear when this Agency formed a small committee whose task was to formulate the aims and purposes of the establishment of the Indonesian state. The committee consists of 9 people who are all Muslims or scholars except for one person who is Christian. Although in the trials to formulate the basis of the Indonesian state there were many conflicts between (quoting Endang Saefudin Ansori's term in his book the Jakarta Charter) Islamic nationalist groups and secular nationalist groups. The Islamic Nationalist group includes KH. Abdul Kahar Muzakir, H. Agus Salim, KH. Wahid Hasyim, Ki Bagus and Abi Kusno wanted Islam to be the basis of the Indonesian state. Meanwhile, the secular nationalist group under Soekarno's leadership wanted the Indonesian state to be formed to be neutral from religion. However, in the end a compromise occurred between the two groups which gave birth to a formula known as the Jakarta Charter of June 22, 1945, which reads:
Belief in God with the obligation to carry out Islamic law for its adherents
Just and civilized humanity
the unity of Indonesia
Population led by wisdom in representative deliberations
Social justice for all the people of Indonesia
This formulation was approved by all members and later became part of the Preamble to the 1945 Constitution. So thus the Republic of Indonesia, which was born on August 17, 1945, is a republic based on divinity with the obligation to carry out Islamic law for its adherents. Even though the following day, August 18, 1945, seven words in the Charter Jakarta was omitted and replaced with the phrase "The Almighty". This is a testament to the greatness of the soul of Muslims and the scholars. Muh. Hatta and Kibagus Hadikusumo explained that what is meant by "the Almighty" is none other than monotheism.
During the proclamation, the role of Muslims was very large. August 17, 1945 coincided with the 19th of Ramadhan 1364 H. The proclamation was also made at the insistence of Bung Karno from the clergy. At first Bung Karno did not dare. At that time Bung Karno was traveling to meet with the ulema, for example the clerics in South Cianjur, Abdul Mukti from Muhammadiyah, including Wahid Hasyim from NU. They urged that Indonesia be proclaimed immediately on August 17, 1945.
2. Birth of the Marriage Law
Marriage arrangements in Indonesia cannot be separated from the involvement of three parties/interests, namely religious interests, state interests and women's interests. M. Syura'i, SHI in his writing on 6 November 2010 entitled “Law No. 1 of 1974 concerning Marriage” explained that the Birth of the Marriage Law has undergone a series of quite long history. Starting from the awareness of Muslim women about their rights who feel castrated by the domination of classical or conventional fiqh understandings that have received legal recognition, they reflect on this in meetings which will become the embryo of the birth of the Marriage Law. Arso Sosroatmojo noted that in 1928 the Indonesian women's congress had held a forum to discuss the ugliness that occurred in marriage among Muslims. This has also been discussed in the people's council (volksraad).
At that time, Muslims urged the DPR to immediately promulgate a bill on the Principles of Marriage for Muslims, but according to Arso Sosroatmodjo, this effort was not successful. The Symposium of the Indonesian Women Scholars Association (ISWI) in 1972 suggested that PP ISWI fight for the Marriage Law. . Furthermore, student organizations that took part in the struggle for the Islamic Marriage Bill were the Islamic Student Association (HMI) which held a panel discussion on February 11, 1973.
On September 17-18, Faction representatives held a forum for public views on the Marriage Bill as the government's answer given by the Minister of Religion on September 27, 1973. The government asked the DPR to jointly resolve the impasse regarding the Marriage Bill.
Simultaneously, to break the deadlock between the government and the DPR, lobbying was held between the factions and the government. Between the ABRI faction and the PPP faction an agreement was reached, among others:
Islamic religious law in marriage will not be reduced or added
As a consequence of the first point, matters that already exist in Law Number 22 of 1964 and Law Number 14 of 1970 are guaranteed to continue and no changes will be made.
Matters that are contrary to the Islamic religion and cannot be adapted to the marriage law currently being discussed in the DPR will soon be eliminated.
The final result of the marriage law that was passed by the DPR consisted of 14 (fourteen) chapters divided into 67 (sixty seven) articles, changed from the original draft submitted by the government to the DPR, which consisted of 73 articles.
The birth of the Religious Courts
Islamic courts in Indonesia, which became known as the Religious Courts, existed and were known long before Indonesia's independence. Religious courts existed and were in line with the development of community groups at that time, which then acquired perfect forms of state administration in the Islamic empire. This is obtained because the Islamic community as one of the components of society is the most law-abiding people, both individually and as a group. The journey of the Religious Courts to the one-roof era has experienced ups and downs and very tough challenges, both institutionally and constitutionally. .
The enactment of Law Number 1 of 1974 concerning Marriage strengthened the existence of religious courts. In this law there are no provisions that are contrary to Islamic teachings. Article 12 paragraph (1) of this law further strengthens the implementation of Islamic teachings (Islamic law).
The bright atmosphere has returned to color the development of religious courts in Indonesia with the issuance of Law Number 7 of 1989 concerning Religious Courts which has provided the basis for realizing a religious court that is independent, equal and strengthens and aligns the position of religious courts with other courts.
In the history of its development, religious court personnel have always been held by respected clerics who have become role models for the surrounding community. This can already be seen from the process of the development of the religious court as mentioned above. In the era of Islamic kingdoms, the prince of the palace as an Islamic religious leader in the palace environment who assisted the king's duties in the religious field originating from Islamic teachings, came from scholars such as KaBjeng Penghulu Tafsir Anom IV of the Surakarta Sunanate. He once received an assignment to open the Mambaul Ulum Madrasah in 1905. However, since the 1970s, the recruitment of personnel within the religious courts, especially for judges and clerks, began to be taken from other alumni and religious colleges.
From the brief description of the history of the development of the religious courts mentioned above, it can be concluded that the religious courts aspire to be able to provide protection and legal services to the community.
Law Number 38 of 1999 concerning Zakat management stipulates that the objectives of Zakat management are as follows:
Increased public awareness in the payment and service of Zakat worship.
Increasing the function and role of religious institutions in an effort to realize social welfare and social justice.
Increasing the usability and usability of Zakat. In order to achieve more optimal goals for general welfare for all levels of society, the Law on Zakat Management also includes the management of infaq, sodhaqah, grants, wills, inheritance and expiation. It's just that the financial administration system is carried out separately. Separated between zakat and Infaq, shodaqah, and so on.
Based on the explanation above and the discussion above, conclusions can be drawn based on several analyzes. From the analysis above, human rights that are developing internationally are not contradictory to one another. Even the international Islamic organization which was institutionalized in the Organization of the Islamic Conference (OIC) on August 5, 1990 issued a human rights declaration.
Then Islam broke that in Islam it has been discussed since fourteen years ago (Anas Urbaningrum, 2004; 91). This fact breaks that Islam has no concept of human rights recognition. This is evidenced by the existence of the Medina charter (mitsaq Al-Madinah) which occurred when the Prophet Muhammad emigrated to the city of Medina. The madinah document or madinah charter contains, among other things, the acknowledgment and affirmation that all groups in the city of the Prophet, whether Jews, Christians or Muslims themselves, are one nation (Idris, 2004; 102). In this document it can be concluded that human rights have been upheld by Islam.
Based on the analysis above, Islam contains implicit arrangements regarding human rights. We can divide it into nine parts of human rights in Islam which are implicitly regulated.
Although the author wants perfection in the preparation of this paper, in reality there are still many deficiencies that need to be corrected by the author. This is due to the lack of knowledge of the author.
Therefore, constructive criticism and suggestions from readers are highly expected as evaluation material for the future. So that it can continue to produce research and writing that is useful for many people.
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Lubis, Novalia. (01 July 2016). Human Rights in Islamic and Western Perspectives. Kitadanislamblog.
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Shihab, Alwi. (1998). Inclusive Islam Towards an Open Attitude in Religion. Bandung: Mizan.
1.4 Purpose of Writing
The purpose of writing this issue is to fulfill the task given by Mr. AFHDAL ILAHI S.Pd, M.Pd as the supervisor for the Islamic Religion course, and the author will also provide an overview of the function of Islamic law in social life, regarding the concept of human rights ( HAM) in Islam, about the principle differences between the concept of human rights in Islam and the West, and about the contribution of Muslims in the formulation and enforcement of law in Indonesia for readers or society, especially students.