scholarly journals MENAGIH HAK BERAGAMA MUSLIM AHMADIYAH DAN SYIAH SAMPANG DALAM PERSPEKTIF NALAR MAQÂṢIDÎ

2020 ◽  
Vol 16 (2) ◽  
Author(s):  
Nasrullah Ainul Yaqin
Keyword(s):  
Human Rights ◽  
Property Rights ◽  
Islamic Law ◽  
Similar Case ◽  
The Other ◽  
Human Rights Violations ◽  
Human Being ◽  
Right To Life ◽  
Freedom Of Thought ◽  
The Right

This article responds to the issue of human rights (HAM) from the perspective of maqâṣidî’s reasoning (maqâṣid asy-syarî‘ah). Considering that human rights violations have always been being a boomerang in the life of Indonesian society. It could be seen like what happened to the Shia people in Sampang whose right have been lost to enjoy their life in peace and worship their religious rights freely and safely in their homeland. A similar case has been experienced by several Ahmadiyah congregations. In this case, the writer elaborates the maqâṣid concept which has been continued its development along the time. According to ‘Izzuddin bin ‘Abd as-Salâm, the purpose of Islamic law is to create benefit and reject the damage for human being, both in this world and in the hereafter. The highest benefit of Islamic law is to maintain and keep the religion (ḥifẓ ad-dîn), soul (ḥifẓ an-nafs), reason (ḥifẓ al-‘aql), descent (ḥifẓ an-nasl), and property (ḥifẓ al-mâl) . These five things are known as aḍ-ḍarûriyyah al-khamsah (the five primary). Later, some maqâṣidî scholars (such as Ibn ‘Âsyûr, ‘Allâl al-Fâsî, Jamâluddîn ‘Aṭiyyah, and Yusûf al-Qarâḍâwî) developed the scope of maqâṣid asy-syarî‘ah. So that, it is not restricted to the five primary matters only, but also to several other primary matters, such as justice, freedom, equality and human rights. On the other side, Muḥammad az-Zuḥailî views that the concept of aḍ-ḍarûriyyah al-khamsah is the basis of human rights itself. Because, ḥifẓ ad-dîn, ḥifẓ an-nafs, ḥifẓ al-‘aql, ḥifẓ an-nasl, and ḥifẓ al-mâl do not only mean to maintain, but also include the meaning of rights, namely: the right to religion, the right to life, the right to think and freedom of thought, family rights, and property rights.

scholarly journals HUKUM PERDATA PROGRESIF: PERUBAHAN DAN KESINAMBUNGAN PENEMUAN HUKUM DI BIDANG HUKUM PERDATA

2014 ◽  
Vol 3 (3) ◽  
pp. 269
Author(s):  
Maskur Hidayat
Keyword(s):  
Human Rights ◽  
Conflict Resolution ◽  
Property Rights ◽  
Rule Of Law ◽  
The Other ◽  
Right To Life ◽  
The Rule Of Law ◽  
The Face ◽  
The Right ◽  
Sense Of Justice

Law is a tool that people can achieve order and the protection of basic human rights. Among others, the right to life and protection, both physical protection, protection of honor and decency and the protection of property rights or properties. The phrase that nothing is eternal except change undoubtedly also applies in the legal world. Every moment is always evolving human problems, as well as a method of conflict resolution must also keep abreast of developing issues. Became law at the center of media demands, namely the rule of law and sense of justice. On the side of the rule of law, justice demands that can be placed exactly over the other side into a sense of justice also demands that require judges to give a personal touch (case by case) in the face of any problems encountered in the trial. Keywords: rule of law, justice and progressive law.

18. Human rights in action

2021 ◽  
pp. 435-457
Author(s):  
Anne Dennett
Keyword(s):  
Human Rights ◽  
Religious Belief ◽  
Family Life ◽  
Public Authority ◽  
Right To Life ◽  
Article 9 ◽  
Freedom Of Thought ◽  
The Law ◽  
The Right

This chapter explores how three Convention rights operate in practice: the right to life (Article 2), the right to a private and family life (Article 8), and freedom of religious belief (Article 9). Article 2 provides that everyone’s right to life shall be protected by law. No one shall be deprived of one’s life intentionally save in the execution of a sentence of a court following one’s conviction of a crime for which this penalty is provided by law. Article 8 provides that everyone has the right to respect for one’s private and family life, home, and correspondence. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law. Meanwhile, Article 9 provides that everyone has the right to freedom of thought, conscience, and religion; this right includes freedom to change and manifest one’s religion or belief.

The Ring of Steel: Extraterritorial Migration Controls in Indonesia and Libya and the Complicity of Australia and Italy

2019 ◽  
Author(s):  
Azadeh Dastyari ◽  
Asher Hirsch
Keyword(s):  
Human Rights ◽  
Human Rights Violations ◽  
Right To Life ◽  
Degrading Treatment ◽  
The Right ◽  
Italian Territory

Abstract This article provides an analysis of cooperative non-entrée policies in Australia and Italy. Through their funding, training and interception activities, Australia and Italy have aided and assisted Indonesia and Libya, respectively, in the commission of a number of internationally wrongful acts against refugees and migrants. These wrongful acts include refoulement; arbitrary detention; violations of the right to life; cruel, inhuman and degrading treatment or punishment; and violations of the right to leave. These human rights violations benefit Australia and Italy by preventing refugees and migrants from entering Australian and Italian territory. They are extensively reported and widely known. Neither Australia nor Italy can claim ignorance of the circumstances of these acts. In the light of this analysis, it is argued that, under Article 16 of the Articles on the Responsibility of States for Internationally Wrongful Acts, Australia and Italy are therefore responsible for their complicity in human rights violations in Indonesia and Libya, respectively.

Çiçek v. Turkey

2001 ◽  
Vol 12 (1-2) ◽  
pp. 85-91
Keyword(s):  
Human Rights ◽  
Mental Distress ◽  
Use Of Force ◽  
The State ◽  
Human Rights Violations ◽  
Right To Life ◽  
The Face ◽  
Effective Remedy ◽  
The Right

The State was responsible and had not provided any explanation of what occurred after persons were taken into detention and had not attempted to justify the lethal use of force, causing a violation of the right to life. State authorities are obligated to conduct some form of effective official investigation when individuals are killed as a result of the use of force. The uncertainty, doubt and apprehension which a mother of victims of grave human rights violations and herself the victim of the authorities' complacency in the face of her distress had suffered over a prolonged and continuing period of time had undoubtedly caused her severe mental distress and anguish. The authorities are required to take effective measures to safeguard against the risk of disappearance and to conduct a prompt effective investigation into an arguable claim that a person had been taken into custody and had not been seen since. Where the relatives of a person has an arguable claim that the latter had disappeared at the hands of the authorities, the notion of an effective remedy entailed, in addition to the payment of compensation where appropriate, a thorough and effective investigation capable of leading to the identification and punishment of those responsible.

scholarly journals EUTHANASIA IN INDIA – LEGISLATIVE PERSPECTIVE

2021 ◽  
pp. 43-49
Author(s):  
Sailaja PETIKAM
Keyword(s):  
Human Rights ◽  
Good Death ◽  
Right To Die ◽  
Human Being ◽  
Right To Life ◽  
Indian Culture ◽  
International Convention ◽  
Hindu Religion ◽  
Mercy Killing ◽  
The Right

Every human being should enjoy right to life. Article 21 of the Indian Constitution as well as under article 3 of International Convention Universal Declaration of Human Rights, 1948, guaranteed the right to life. Every aspect of right to life has been always subject to consideration of judiciary and depend upon the facts and situations. Right to die is also claimed under this head. Euthanasia is interpreted as 'mercy killing' or 'good death'. It is advocated that there are different situations in which it should be allowed to the person to let him choose his death in place of compelling him living alive. There are different approaches in this regard which either opposes the grant of mercy killing or denies to grant the death as right to die due to some causes. Everyone has the right to live dignified life according to his wish being living into certain limits and it is expected that a human being should struggle also in adverse circumstances around him. He should not lean in front of the situations. The Indian culture gives us such teachings. Hindu religion believes in the eternity of soul. Death is only the way to change a body. The soul never dies, it is eternal. Muslim religion also believes that life should be finished only upon the wish of Allah, it condemns the unnatural ending of life. But in present society in some situations, it is defended that the person should have the right to choose death. Thus, in this context the paper concentrated on the law of euthanasia in India in a legislative perspective and judicial interpretations on euthanasia.

scholarly journals Defining and Achieving Freedom from Hunger: A Rights-Based Approach

2013 ◽  
pp. 54-64
Author(s):  
Saurav Ghimire
Keyword(s):  
Human Rights ◽  
Social Class ◽  
Armed Conflict ◽  
Human Being ◽  
Right To Life ◽  
Human Right ◽  
Short Life ◽  
The World ◽  
The Right ◽  
Wrong Place

If one is born in the right part of the world and in right social class, the problem of being hungry has its solution in the nearest refrigerator. However, if the situation is reverse, one may go hungry throughout one’s short life, as 800million born in the wrong place and in wrong social class are doing as we discuss the concern. Peace cannot exist where the hunger prevails as the former signifies not merely the absence of armed conflict but the establishment of human rights for all people, and no human right is worth anything to a starving person. That is why the freedom from hunger is fundamental to live as human being and is a necessary part of right to life.

scholarly journals Comparison of Maqasid al-Shari�ah asy-Syathibi and ibn �Ashur perspective of Usul al-Fiqh four mazhab

2020 ◽  
Vol 3 (2) ◽  
pp. 185
Author(s):  
Alfa Syahriar ◽  
Zahrotun Nafisah
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Human Life ◽  
Right To Life ◽  
Basic Rights ◽  
The World ◽  
Way Of Thinking ◽  
The Right

Islamic law is established to ensure that human interests related to basic rights inherent in their lives include: the right to life, descent, wealth, thought and respect, can be realized. According to the reality, the problems that arise related to these rights are very complex and sustainable. This consideration necessitates efforts to realize Islamic humanist law in the interests of human life. In Usul Fiqh there is the concept of maslahat, as a standard of how basic human rights can be ensured of their fullness and sustainability. And the theory of Maqashid al-Sharia is seen as quite effective in realizing benefit, which means it is a necessity to study the thoughts of al-Shathibi and Ibn Ashur, because both are seen as very influential figures in the development of Maqashid al-Sharia. Therefore, this study is intended to study in a qualitative-comparative way of thinking of the two figures using the Maqashid al-Sharia framework according to the Ulama of Ushul Fiqh of the Four Mazhab. The results of this study can be stated that the orientation of the theory of Maqashid al-Sharia according to al-Shathibi to realize the benefit of the world and the hereafter, while Ibn Ashur limits only the world. Furthermore, the theory of Maqashid al-Sharia al-Shathibi and Ibn Ashur in the review of Usul Fiqh of Four Mazhab can be stated still in the context permitted by Islamic Sharia.

18. Human rights in action

2019 ◽  
pp. 413-436
Author(s):  
Anne Dennett
Keyword(s):  
Human Rights ◽  
Religious Belief ◽  
Family Life ◽  
Public Authority ◽  
Right To Life ◽  
Article 9 ◽  
Freedom Of Thought ◽  
The Law ◽  
The Right

This chapter explores how three Convention rights operate in practice: the right to life (Article 2), the right to a private and family life (Article 8), and freedom of religious belief (Article 9). Article 2 provides that everyone's right to life shall be protected by law. No one shall be deprived of one's life intentionally save in the execution of a sentence of a court following one's conviction of a crime for which this penalty is provided by law. Article 8 provides that everyone has the right to respect for one's private and family life, home, and correspondence. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law. Meanwhile, Article 9 provides that everyone has the right to freedom of thought, conscience, and religion; this right includes freedom to change and manifest one's religion or belief.

Killing in Good Conscience: What's Wrong with Sunstein and Vermeule's Lesser Evil Argument for Capital Punishment and Other Human Rights Violations?

2007 ◽  
Vol 10 (2) ◽  
pp. 210-238 ◽  
Author(s):  
Eric Blumenson
Keyword(s):  
Human Rights ◽  
Capital Punishment ◽  
Recent Article ◽  
Human Rights Violations ◽  
Right To Life ◽  
Good Conscience ◽  
Cass Sunstein ◽  
The Right ◽  
Do So ◽  
Lesser Evil

In a recent article, Cass Sunstein and Adrian Vermeule argue that capital punishment is morally required if it will deter more killings than it inflicts. They claim that the state's duty is to minimize the incidence of murder, and that recent deterrence research shows that state executions, even if deemed murders themselves, can do so. If these findings are true, they argue, the state is morally obligated to undertake such "life-life tradeoffs." The logic of Sunstein and Vermeule's argument justifies not only state executions, but any state-perpetrated injustice that promises to reduce the incidence of similar injustices overall, as the authors acknowledge in a comment about torture. Recently such lesser evil arguments have indeed been invoked to justify state torture, detention without trial, and other human rights violations. In this essay, I identify problems that are common to all of these arguments, as illustrated by the well-developed example Sunstein and Vermeule have provided. My aim is to demonstrate that, however valid the lesser evil approach may be in some domains, it fails when invoked to defend state violations of the right to life and other fundamental human rights.

scholarly journals Islamic Thought and Internationalization of Human Rights

2019 ◽  
Vol 30 (1) ◽  
pp. 182-217
Author(s):  
Reza Ahmad Zahid
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
The Other ◽  
Human Being ◽  
Individual Rights ◽  
Global Ethics ◽  
Basic Principles ◽  
Philosophical Foundations ◽  
Other Hand ◽  
Islamic Thought

This article aims to answer how Islamic thought deals with issues of internationalization. Where in general religions agree that human rights are rights owned by each individual solely because of his dignity as a human being, not the construction of society regarding individual rights. While on the other hand, some experts state that human rights are normative elements that are inherent in human individuals because there are laws whose application differs according to space and time. Between Islam and human rights has a relationship that lies in the universality of Islamic teachings. the concept of human rights has been outlined in the basic principles of Islamic law originating from the texts of the Koran, the Sunnah of the Prophet and friends, as well as the construction of scholars' thoughts. Human rights should be understood and accepted as a universal human treasure whose normative and philosophical foundations can be traced and found in various systems of values ​and traditions. Such global ethics cannot be formulated without religious contributions.

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