To fulfill the assignments for the Islamic religious education course
Lecturer: Afdhal Divine, M.Pd
Compiled by: Group 5
Dea Putri Amanda
Elvi Dayani Siagian
Fitri Aidah Dalimunte
Mudarris Ulum Harahap
PRIMARY SCHOOL EDUCATIONAL STUDY PROGRAM
FACULTY OF SOCIAL SCIENCES AND LANGUAGES EDUCATION
SOUTH TAPANULI EDUCATIONAL INSTITUTE
LIST OF CONTENTS
LIST OF CONTENTS
CHAPTER I INTRODUCTION
Formulation of the problem
CHAPTER II DISCUSSION
The Function of Islamic Law in Social 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 the Formulation and Enforcement of Laws in Indonesia..........
CHAPTER III CLOSING
We give thanks to Allah SWT, who has given His grace so that we can complete this paper entitled "LAW AND HUMAN RIGHTS (HAM) IN ISLAM" We hope that this paper can be used as a guide in studying the Islamic religion, especially in the field of study Islamic education. And we as authors realize that there are still many shortcomings in our paper.
Therefore, we really hope for criticism and suggestions from readers, especially lecturers in this field of study. For the sake of perfection in writing papers in the future. For that, we as authors would like to thank you.
Padang Sidimpuan, 17 October 2023
In the concept of Islamic law, humans are equal before the law and have the right to guarantee justice. However, what needs to be underlined is that absolute law-making authority is in the hands of Allah SWT, while the rulers and people are only given the mandate to resolve public affairs based on revelation and the rest is determined by humans themselves through ijtihad based on the principle of deliberation. The implication is that all legal enforcement processes and the objectives of enforcing laws should be aimed at justice and human benefit without ignoring revelation.
The application of the principles of upholding Islamic law should also refer to the principles of Islamic law, "the actions of the imam towards his people must be linked to the benefit". This rule is supported by the principle "actions that include the interests of other people are more important than just one's own interests". So the aim of enforcing the law refers to the legal principle "what we cannot take in its entirety, we must not leave it in its entirety". On that basis, every person is a leader who has the same rights and obligations in terms of legal authority, but every legal authority should be demonstrated for the public benefit (mashlahat al-'ammah)
Formulation of the problem
Explain the function of Islamic law in society
Explain the concept of human rights (HAM) in Islam
Differences in principle between the concept of human rights in Islam and the West
The contribution of Muslims in the formulation and enforcement of law in Indonesia
To understand the function of Islamic law in society
To understand the concept of human rights (HAM) in Islam
In order to know the differences in principles between the concept of human rights in Islam and the West
In order to find out the contribution of Muslims in the formulation and enforcement of law in Indonesia
The Function of Islamic Law in Social Life
Humans are social creatures who cannot live alone
need help from each other and need organization to achieve progress and dynamics in their lives. Every individual and social group has interests. However, these interests are not always the same as each other, they may even be contradictory. This contains the potential for conflict and conflict. So it requires rules of the game. So that individual interests can be achieved fairly, it is necessary to enforce the rules of the game. These rules of the game are then called Islamic law which becomes the guide for every adherent.
In this case Islamic law has three orientations, namely:
Educating individuals (tahdzib al-fardi) to always be a source of goodness,
Upholding justice (iqamat al-'adl)
Realizing benefit (al-mashlahah)
Such orientation is not only beneficial for humans in the short term in this worldly life but must also guarantee eternal happiness in the afterlife, both in the form of laws to achieve the goodness and perfection of life (jalbu al-manafi'), as well as the prevention of evil and damage in life (dar'u al-mafasid). The same is true of the importance of the relationship between God and his creatures as well as the importance of the orientation of the law itself.
As a way to improve the quality of communication with the creator.
As a form of realization for humans who are given the responsibility by Allah to become caliphs and also servants of Allah.
Increase our status in the eyes of Allah.
Creating a harmonious relationship between creatures and their Creator, namely Allah SWT.
As a form of gratitude to Allah for creating, preserving, appointing humans as khilafah on earth, and allowing humans to take advantage of the benefits provided by nature.
In adz-Dzariyat: 56, Allah says:
I did not create the jinn and mankind except to worship
"And I did not create jinn and humans but to worship me." So with this argument, the function of worship appears to be the most prominent compared to other functions.
The function of amr makruf naahi munkar (order of goodness and prevention of evil).
So every Islamic law, even rituals and spirituality, are oriented towards forming humans who can be examples of goodness and deter evil.
Zawajir (deterrent) function
The existence of sanctions in Islamic law which are not only sanctions for worldly punishment, but also with the threat of torment in the afterlife are intended to deter people and be afraid of committing crimes.
The function of tandzim wa ishlah al-umma (community organization and rehabilitation)
The legal provisions for sanctions are not just a threat limit and to frighten the community, but also for better rehabilitation and organization of the people. In the legal science literature, this is known as the social engineering function.
The Concept of Human Rights (HAM) in Islam
To understand the concept and nature of human rights (HAM) in Islam, we will first explain the basic meaning of human rights. Human Rights or abbreviated as HAM is a term in Indonesian. In Arabic it is called al-huquq al-insaniyah, while in English it is called human rights. The most appropriate term to use is the Arabic term. In Arabic, the word haquq is taken from the form mufrad haqq which means possession, determination and certainty. If you look at haqq in the Qur'an, you can find several meanings used, including:
Some mean to establish something and allow it, as in QS. Yasin: 7
Indeed the word has come true about most of them, for they do not believe.
Meaning: Indeed, the words (God's provisions) will certainly apply to most of them, because they do not believe.
Terminologically, Muhammad Khalfullah Ahmad has provided an understanding of human rights in Islamic perception. That human rights are rights inherent in humans which are natural and fundamental as a mandate and gift from Allah SWT which must be safeguarded, respected and protected by every individual, society or state. In fact, Ibn Rushd further emphasized that human rights in Islamic perception have provided a form of protection, security and anticipation of various primary human rights (darûriyyât) that every human being has. This protection comes in the form of anticipation of various things that will threaten the existence of the soul, existence
honor and lineage, the existence of material possessions, the existence of the mind, and the existence of religion. Thus, the essence of respecting and protecting human rights in the Islamic concept is to maintain the safety of human existence as a whole and the existence of balance, namely a balance between rights and obligations, as well as a balance between individual interests and the public interest. So, fulfilling and demanding rights cannot be separated from fulfilling the obligations that must be carried out.
Likewise, fulfilling individual interests must not damage the interests of many people (public interest). Therefore, the fulfillment, protection and respect for human rights must be accompanied by the fulfillment of KAM (human obligations) and TAM (human responsibilities), in personal life, social life and the state. So it can be concluded that the essence of human rights is the integration between HAM, KAM and TAM which takes place in a synergistic and balanced manner. Dignity and nobility for humans is the source of all human rights (HAM), as clear evidence of their differences from other creatures. It is this human dignity and nobility that can tame their habits of rudeness and arrogance, so that it is necessary to formulate legal norms revealed by Allah SWT through His Messenger. Based on this dignity, human responsibility or personality is established legally, which makes them competent and worthy to enjoy and use the human rights they have, which is followed by a set of obligations that must be carried out. Allah SWT has revealed it directly, among other things: In QS. 17 (Al-Isra): 70.
And We have honored the children of Adam and carried them on land and sea and provided them with good things and favored them over many of those whom We created. No ࣖ
which means: "And indeed We have glorified the children of Adam We have transported them on land and sea. We gave them sustenance from the good, and We gave them perfect superiority over most of the creatures.
b.) And in QS 95 (At Tin): 4
We have created the human in the best way
which means: "Indeed, We have created humans in the best form. Apart from that, the glory and advantages of this human being were added to by making him the caliph on earth by Allah SWT. While all creatures were made by Him to be subject to them.
Because of Islam's high respect for human values, sacred basic human rights are protected in Islam, these rights include:
The Right to Obtain the Necessities of Life or Economic Rights
Talking about economic rights, Islam has taught every individual to be able to fulfill their personal and family needs in accordance with the life skills they have. However, behind the property he owns, it contains the rights of other people, especially the dhua'fa from the poor, which are paid out through zakat, infaq, alms funds (ZIS). This is in accordance with the words of Allah SWT QS. 51 (adz-Dzariyat): 19, ie
:Yu mḥr al-mil wa yāsā’ī lāq lḥ Ḍḥ mī yāf um w (Al Dharīt
Meaning: "And in their possessions there are the rights of the poor who do not get a share."
The message of this verse states and emphasizes that anyone who asks for help and anyone who suffers from difficulties has the right to a share of the property and wealth of a Muslim, regardless of whether he comes from this nation, or that, from whatever country and whatever race he comes from. Apart from that, Islam guarantees protection and security.
The Right to Obtain Independence and Freedom.
Islam strictly prohibits the practice of slavery, in the form of free people becoming slaves and then buying and selling them. As explained by Rasulullah SAW in a hadith narrated by Imam Bukhari and Ibn Majah which was sourced from `Amr bin `Ash, namely: "There are three categories of people that I myself will challenge on the Day of Judgment. Among them are those who cause a free person to become a slave, then sell him and eat the money from the sale."
Freedom of Opinion and Expression Islam confers rights
freedom to think and the right to express opinions to all mankind. This freedom of expression is not only given to citizens when fighting tyranny, but also for every individual to freely express opinions and at the same time express them regarding various issues. Of course, freedom of opinion here is related to efforts to promote good and benevolent actions, and efforts to encourage and anticipate various acts of crime and injustice. Throughout his life, Rasulullah SAW gave his friends the freedom to express opinions even if they differed from his personal opinion. Rasulullah SAW had forged the personalities of his companions in such a way that they could express differences of opinion without hesitation. For example: when Rasulullah SAW asked his friends to fight the enemy in the city of Medina. The companions argued that the position of the companions should be at the location of the Uhud battlefield. The opinion of these friends was later chosen by Rasulullah SAW that the position of the Muslims and the Prophet in facing the enemy in the battle of Uhud was at the location of Jabal Uhud, not in the city of Medina. As an example of another case, the Prophet invited deliberation and dialogue with his friends regarding the treatment of the Badr prisoners of war. At that time, two senior friends' opinions emerged, Abu Bakar Siddiq's opinion and Umar bin Khattab's opinion. Abu Bakr put forward his opinion, to take ransom (fidyah) from the captives. Meanwhile, Umar bin Khattab argued more firmly that the Badr prisoners had to be killed. Responding to these two opinions, the Prophet made ijtihad, choosing the opinion of Abu Bakar Siddiq (accepting ransom from the Badr prisoners of war). Apart from that, the political tradition carried out by Caliph Abu Bakar Siddiq and Caliph Umar bin Khattab used to invite Muslims to ask for their criticism of their various policies without hesitation.
3. Differences in Principles Between the Concept of Human Rights in Islam and the West
The Western Standard View of Human Rights departs from a view that takes humans as a measure in terms of something and has declared itself the legitimate heir of humanist philosophy and civilization. In history, starting from Ancient Greece and reaching its peak in the modern era, there is conflict between the two parties. The gods with their actions and consciousness try to uphold human injustice. On the other hand, to obtain freedom and independence, humans must seize the power of the gods, and then shift their power to determine their own destiny. Thus, there has been a debate between humanism and theism because human rights from the Western perspective are anthropocentric and secular. The view of human rights in Islam regarding human rights refers to the rights given by Allah as the holder of supreme sovereignty. The Islamic perspective of human rights adheres to a theocentric or religious (divine) view.
The anthropocentric view, the main values of Western human culture are the main and ultimate target of the implementation of human rights which has implications for responsibility alone. Meanwhile, the theocentric view, prohibitions and commands are based more on Islamic teachings originating from the Al-Quran and hadith. Recognition of rights -Human rights are an obligation in the framework of obedience to Him which is the orientation of one's life, therefore responsibility for human rights in Islam is not only to humans but also to God in the future. There is a table that explains the differences between Western and Islamic human rights concepts.
Western Human Rights
Islamic Human Rights
1. Sourced from purely philosophical thoughts
2. It is anthropocentric
3. Give more importance to rights than obligations
4. More individualistic
5. Humans are seen as full owners of basic rights
1. Based on the teachings of the Koran and Hadith
2. It is theocentric
3. Balance between rights and obligations
4. Social interests are taken into account
5. Humans are seen as creatures entrusted with basic rights by God, so they are obliged to be grateful for and maintain them
The history of the starting point for the development of human rights is told in books according to Muslim and western scientists, up to the Cairo Declaration which contains corrections to the UDHR which conflict with Islamic principles and morals, including those which do not conflict with the basis of the Al-Quran and Hadith.
According to Muslim scientists, the concept of human rights can be referred to the Medina Charter as the first written constitution in the world which also regulates the obligations and rights of its citizens. The Medina Charter became a milestone in the founding of the State.
Medina as a legal state was founded by Muhammad Saw together with the Muhajirin and Ansor and their allies and continued by Khulafa'ar-Rasyidin, from 622-661 AD.
From Western circles, the Magna Charta of June 15, 1215 in the British Empire is considered to be the forerunner of human rights. The main points of this document include that kings who have absolute power can have their power limited and be held accountable before the law. So the doctrine of 'kings are not above the law' was born.
From the early history of the development of human rights above until the 20th century, the United States President, Franklin Delano Roosevelt formulated four types of human rights known as ''The Four Freedoms'', namely freedom of speech (freedom of speech and expression), freedom of religion (freedom of speech and expression), freedom of fear (freedom from fear) and freedom from want (freedom from lack) which are the aspirations of the Universal Declaration of Human Rights which consists of 30 articles.
Human rights are increasingly developing. Protection of human rights has become one of the conditions for dealing with outsiders, especially Western countries, giving rise to the dominance of Western countries and Western standards in assessing the implementation of human rights in the world, especially third world countries.
The articles of the UDHR are deemed unable to accommodate the aspirations of all countries in the UN, especially countries with a majority Muslim population, such as article 16 concerning the freedom of interfaith marriages and article 18 concerning the right to freedom of entry and exit of religions. In the view of most Islamic circles, these two articles violate the prohibition of Islamic teachings (haram) regarding interfaith marriage and apostasy.
The Western Standard View of Human Rights departs from a view that takes humans as a measure in terms of something and has declared itself the legitimate heir of humanist philosophy and civilization. In history, starting from Ancient Greece and reaching its peak in the modern era, there is conflict between the two parties. The gods, with their actions and consciousness, try to uphold human tyranny. On the other hand, to gain freedom and independence, humans must seize the power of the gods, and then shift their power to determine their own destiny. Thus, there has been a debate between humanism and theism because of human rights. Western perspectives are anthropocentric and secular. The view of human rights in Islam regarding human rights refers to the rights given by Allah as the holder of supreme sovereignty. The Islamic perspective of human rights adheres to a theocentric or religious (divine) view. Anthropecentric view, the main values of Western human culture are the main and ultimate target of the implementation of human rights which has implications for responsibility alone. Meanwhile, theocentric view, prohibitions and commands are based more on Islamic teachings originating from the Koran and hadith. Recognition of rights -Human rights are an obligation in the framework of obedience to Him which is the orientation of one's life, therefore responsibility for human rights in Islam is not only to humans but also to God in the future. There is a table that explains the differences between Western and Islamic human rights concepts.
Contribution of Muslims in the Formulation and Enforcement of Law in Indonesia
Judging from the historical sketch, Islamic law entered Indonesia with the arrival of Islam to Indonesia in the 1st century Hijriyah or 7/8 AD. Meanwhile, western law was only introduced by the VOC in the early 17th century AD. Before Islam entered Indonesia, the Indonesian people adhered to customary law which had various systems and was very diverse in nature. However, after Islam came and became the official religion in various kingdoms of the archipelago, Islamic law became the official law of these kingdoms and spread to become the law that applies in society.
From a formal juridical perspective, the existence of the unitary state of Indonesia began with the proclamation of 17 August 1945. On 18 August 1945, the 1945 Constitution was recognized as coming into force. It was at that time that the desire of Islamic leaders to re-implement Islamic law for Muslims flared up.
In the formation of Islamic law in Indonesia, awareness of Islamic law for the first time during the era of independence was in the Jakarta Charter of 22 June 1945, which in its divine basis was followed by the statement "with the obligation to implement Islamic law for its adherents". However, with consideration for the unity and unity of the Indonesian nation, it finally underwent a change on August 18 1945, where the formulation of the first principle became "Belief in One Almighty God".
Nevertheless, in various kinds of legislation, Islamic law has truly obtained a reasonable constitutionally juridical place.
Thus, the contribution of Muslims in formulating and enforcing the law is very large. The efforts that must be made to enforce the law in social and state practice are through cultural and da'wah processes. If Islam has made a policy a culture in society, then as a consequence the law must be enforced. If necessary "law enforcement" in enforcing Islamic law with positive law, namely through legislative struggle. So that in the process, a provision that is obligatory according to Islam becomes obligatory as well.
Laws regarding zakat
Laws regarding zakat usually refer to regulations issued by the government or legislative body of a country that regulate the collection, distribution and management of zakat funds. Each country has different regulations regarding zakat, especially if the country has a significant Muslim population.
In Indonesia, for example, there is Law Number 23 of 2011 concerning Zakat Management which regulates the collection, distribution and supervision of zakat. In countries with a majority Muslim population, this kind of regulation is important to ensure that zakat funds are used for social interests and community welfare.
Laws regarding marriage
Law Number 1 of 1974 concerning Marriage is the law that regulates marriage in Indonesia. The following are some important points regulated in this law:
Minimum Age: This law sets the minimum age for marriage, namely 19 years for men and 16 years for women. However, marriages under this age can be carried out with special permission from the court.
Marriage Requirements: This law explains the requirements for marriage, including procedures for blessing a marriage in front of a civil registrar or authorized religious leader.
Interfaith Marriage: This law regulates marriages between individuals of different religions and establishes specific requirements for such marriages.
Divorce: This law also regulates divorce procedures, including the rights and obligations of couples who wish to divorce.
Sirri Marriage: This law prohibits sirri marriage, which is a marriage without reporting or not being recognized by the competent authorities.
Law on organizing the Hajj
The law that regulates the implementation of the Hajj pilgrimage in Indonesia is Law Number 13 of 2008 concerning the Implementation of the Hajj Pilgrimage. This law regulates various aspects related to the implementation of the Hajj, including:
Establishment of the Hajj Organizing Agency: This law establishes the Hajj Financial Management Agency (BPKH) which is responsible for managing Hajj funds and organizing the Hajj.
Procedures for Registration and Implementation of Hajj: This law regulates procedures for registration and implementation of Hajj, including Hajj quotas, selection of prospective Hajj pilgrims, and administrative requirements.
Management of Hajj Funds: This law regulates the management of Hajj funds, including the storage of funds, the use of funds to finance the Hajj, and supervision of these funds.
Protection of Hajj Pilgrims: This law also regulates the rights and protection of Hajj pilgrims, including in cases of fraud or misappropriation of Hajj funds.
Implementation of the Hajj: This law includes provisions regarding the implementation of the Hajj pilgrimage itself, such as the Hajj rituals, travel to Mecca, and the implementation of worship during the Hajj.
Law Number 13 of 2008 aims to maintain the welfare and security of Hajj pilgrims and ensure that the Hajj pilgrimage runs well. Be sure to refer to the full text of the law and consult with the authorities if you require further information regarding the regulations regarding organizing the Hajj in Indonesia.
Law on Islamic banks
In Indonesia, regulations related to Islamic banks are regulated in several laws and regulations covering the Islamic banking sector. Relevant legislation includes:
Law Number 21 of 2008 concerning Sharia Banking: This law regulates the establishment, management and supervision of Islamic banks in Indonesia. This covers various aspects such as minimum capital, risk management, supervision and reporting obligations.
Law Number 14 of 2008 concerning Openness of Public Information: This law is also relevant because it regulates transparency and openness of information in sharia banking.
Bank Indonesia Regulations: Apart from laws, Bank Indonesia (BI) also issues various regulations and guidelines governing Islamic bank operations, including regulations regarding liquidity, asset quality, and other technical aspects.
Financial Services Authority (OJK) Regulations: OJK issues regulations that regulate the financial services sector as a whole, including sharia banks. These regulations cover things like risk management, governance, and consumer protection. It is important to understand that these regulations and laws may change over time. Therefore, if you need the latest information about sharia banking regulations in Indonesia, it is recommended to refer to the websites of Bank Indonesia (BI) and the Financial Services Authority (OJK) or consult with the relevant authorities.
The function of Islamic law in social life is oriented towards educating individuals, upholding justice and realizing benefits. Therefore, because of Islam's high respect for human values, the sacred things protected in Islam include the right to obtain life and economic necessities, the right to freedom, and the right to freedom.
Based on the conclusions above, several suggestions can be put forward as follows:
As Muslims, you should understand the concept of law in the Islamic religion
Every human being should uphold human rights, because these rights are the basis inherent in every human being
In implementing Islamic teachings as a whole, both in the fields of law, human rights, and the principles of Islamic law taught
A.Baderin, Mashood, 2003. International Human Rights And Islamic Law, London: Oxford University Press
Arkoun, M., 2001. Contemporary Islam towards inter-religious dialogue translated from rethinking Islam Todoy, Yogyakarta: Student Library
Mulia, Musdah, 2010. Islam and Human Rights Concept and Implementation, Yogyakarta: Naufan Pustaka
Answer: Anthropocentrism is a view or concept that places humans as the center or main focus in the universe, assuming that everything exists for the benefit of humans. Meanwhile, Theocentrism is a view or concept that places God or a divine entity as the center or main focus in the universe. This means that in the theocentric view, everything in the universe is considered to exist for God's will or purpose, and human life and all natural phenomena are interpreted in the context of religion or belief that originates from a divine entity.
What is the basic concept of human rights from an Islamic perspective?
In the Islamic perspective as conceptualized by the Koran, human rights are in accordance with the rights of Allah SWT. This shows that the concept of Human Rights in the Islamic view is not the result of any evolution of human thought, but is the result of Divine revelation that has been revealed through the Prophets and Apostles since the beginning of the existence of the human race on earth.
Human rights in Islam are stated transcendentally for the benefit of humans through Islamic law which was revealed through revelation. According to Islamic teachings, humans are free creatures who have duties and responsibilities, therefore they have rights and freedoms. The basis is justice which is upheld on the basis of equality or egalitarianism without discrimination. This means that the duties carried out will not be realized without freedom, while existential freedom will not be realized without responsibility itself. Islam starts from a high belief in viewing humans.
How can Allah improve our status?
There are many ways that we can do to increase our status with Allah, including carrying out all of Allah's commands and staying away from all of Allah's prohibitions, such as maintaining good morals and behavior, making dhikr all the time, praying to the prophet, accepting all trials or disasters with patience and trust and carry out obligatory commands such as praying five times a day, fasting during the month of Ramadan and paying zakat.
Sustainable daughter Amanda
Degree Lifting Practice
Children's Istighfar for Parents.
By Completing Wudhu.
Congregational Prayer at the Mosque.
Waiting for Prayer After Prayer.
Be Tawadhu' for Allah
Allah says in surah al-hujurat verse 3
Indeed, those who lower their voices before the Messenger of God are those whose hearts God has tested for piety. For them is forgiveness and A great reward
Indeed, those who lower their voices at the side of Allah's Messenger are those whose hearts have been tested by Allah to be devout. For them forgiveness and great reward
2. Beautiful Sipahutar
1. Strengthen faith and obedience to Allah through prayer, reading the Koran, fasting and worshiping consistently.
2. Improve good morals and behavior, such as honesty, generosity and patience.
3. Repent for the sins and mistakes that have been committed, and be determined not to repeat these mistakes.
4. Increase knowledge about religion and the world, because good knowledge can help increase understanding and wisdom.
5. Do good to fellow human beings and other creatures of God, such as donating, helping those in need, and doing good deeds.
6. Pray to Allah for help, guidance and blessings in life.
4. Rahma Waldani
What is the basic concept of human rights in Per
1. Pay Zakat. Every Muslim who meets the requirements has the obligation to pay zakat fitrah every year.
2. Be honest in trading by fulfilling the weights and measures.
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