Nurani: Jurnal Kajian Syari'ah dan Masyarakat
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Islamic Law and Human Rights: Convergence or Conflict?
Full text linkThe background of this study is rooted in the significance of human rights as a universal principle, which often faces challenges when applied within the context of Islamic law. The main issue is the incompatibility between some practices of Islamic law and the principles of human rights, which raises the question of how these two legal systems can interact without compromising their fundamental values. This study aims to explore the relationship between Islamic law and human rights, understand the challenges arising from differences in interpretation and implementation, and offer solutions to bridge these differences. This study uses a qualitative method combining text analysis, literature, and secondary data better to understand the concept of human rights in Islam and identify areas of potential conflict. The results show that the relationship between Islamic law and human rights is complex, where potential conflicts and convergence efforts coexist. Despite potential conflicts, the values of justice, equality, and human dignity in Islam align with Human Rights principles. However, differences in interpretation and implementation of the law can be a significant source of tension. This study highlights the importance of an approach rooted in cross-cultural and religious dialogue, as well as respect for diversity, to achieve a more harmonious convergence between Islamic law and universal human rights
Enhancing Beauty with Botox: A Maqasid al-Shari\u27ah Perspective
No full textMany women employ various methods to enhance their beauty and attractiveness, with Botox being a popular choice. Consequently, numerous beauty clinics now offer Botox therapy, despite its potential side effects. This article aims to explore Botox therapy for beauty from the perspective of maqasid al-shari’ah. The study was conducted at a beauty clinic (referred to as XD) using field research methods, including interviews and literature review. Data were analyzed descriptively through the lens of maqasid al-shari’ah. The study found that Botox therapy at the XD clinic is used to address health issues, particularly those related to muscle failure. Additionally, it is utilized for aesthetic purposes, such as reducing facial wrinkles. However, frequent or improperly performed Botox treatments can pose risks to patients. From the perspective of maqasid al-shari’ah, Botox use is closely linked to the preservation of life (hifz al-nafs). Thus, Botox can be considered permissible (mubah), especially for medical reasons. For purely cosmetic purposes without medical necessity, it is deemed undesirable (makruh). It is crucial that Botox procedures are performed by qualified professionals
Material Rights of Children in Guardianship Maqashid al Sharia Perspective
Full text linkThe material rights of children in the ruling of religious court judges are a very important issue to be studied in relation to the protection of children\u27s rights in guardianship. This study, not only to explaining the protection of children\u27s material rights but also analyzes the paradigm of determining children\u27s material rights in guardianship in the Religious Court, and analyzes the urgency of children\u27s material rights in the determination of guardianship from the perspective of maqashid al sharia. Employing a qualitative descriptive approach, the study gathered data by reading the judge\u27s decision on guardianship and literature study. Data analysis was conducted by describing and interpreting the data inductively to reach a conclusion. The findings in this study reveals that the protection of children\u27s rights in guardianship has been contained in positive law in Indonesia, but so far the ruling of the religious court judge on guardianship often do not explicitly accommodate the material rights of children clearly, so there is no protection of children\u27s material rights in the judge\u27s decision, while children\u27s material rights are something that is very urgent to protect in the perspective of maqashid al Sharia at the level of maqashid al-daruriyyat in terms of safeguarding assets (hifz al-maal). The paradigm for determining the material rights of children in guardianship within religious courts is also included in the maqashid al hajiyyat group
Unveiling the Enigma: Exploring Regulated Marriage Age Limits from the Lens of Maslahah Mursalah
Full text linkThe purpose of this research is to ensure that the principle of maslahah mursalah should serve as the foundation for the formation of Islamic Law in terms of regulating changes that occur in society. The Indonesian government recently revised the minimum age for a woman to marry from 16 to 19 years. This inevitably gives rise to new complications in society, as can be seen from the large number of requests for marriage dispensations submitted to the Syariah Courts. This complication arises because if the marriage continues to be carried out under age then the marriage will become invalid. The emergence of a new regulation that regulates the age limit for a person to enter into a marriage has given rise to the author\u27s enigma about whether it is in accordance with the concept of presenting maslahah mursalah in society or vice versa? To address the issues that arise, researchers use the data collection method employed in this research is the interpretative understanding constructivist approach with a phenomenological framework, primary data obtained in the Babelan, Bekasi. While secondary data were derived from the examination of ten Syariah Court Judges\u27 rulings on underage marriage petitions and existing literature. The conclusion of this research is that the implementation of the Marriage Law which regulates the age limit for marriage is considered to have not been able to reduce the number of underage marriages. In terms of implementing these rules it is very weak and does not provide any benefits (maslahah mursalah) for the community, because the government was not serious about carrying out socialization about this matter. Consequently, this regulation falls short in safeguarding the community\u27s welfare
Criminal Careers and Drug Abuse Among Adolescents in Indonesia
Full text linkThe engagement of adolescents in drug abuse cases is a complex process that requires explanation and reflection. This study aims to explain the criminal careers of adolescents engaged in drug abuse. Such inclinations are often overlooked in studies concerning adolescent involvement in drug abuse cases in Indonesia. In addition to addressing the inadequacies of prior research, this study aims to expound the criminal careers of adolescents involved in drug abuse cases in Indonesia. This is a descriptive qualitative study that utilizes primary and secondary data. The study\u27s findings highlight three important situations of adolescents\u27 criminal careers in drug abuse cases. Firstly, the initial phase of adolescent drug abuse is precipitated by experimentation, peer influence, and a curiosity about drugs. Secondly, active drug abuse among adolescents manifests in various forms such as users, abusers, and addicts. Lastly, active participation in drug abuse among adolescents leads to a progression in behavior from from users to dealers, users to sellers, and addicts to dealers. This study also emphasizes the need to explain the perceptions and motivations of adolescents who engage in drug abuse cases to acquire a better understanding of their conduct
Sustainable Development and Climate Resilience 2050: Evaluating Indonesia’s Environmental Legal Landscape
Full text linkClimate change poses significant threats the continuity and resilience of the existing environment. Through the Climate Resilience 2050 agenda, all countries are expected to contribute to mitigating and limiting the effects of climate change, while reducing activities that have the potential to damage the Earth’s atmosphere. As a country endowed with rich environmental diversity, Indonesia must address these challenges and participate in global efforts to ensure a sustainable and livable environment for the future. This study uses normative legal research methods to analyze Indonesia’s legal readiness in the framework of making policies that can increase Climate Resilience 2050. Using a statutory and regulatory approach, this study finds that Indonesia has legal readiness in terms of basic norms to support policies that increase climate resilience, however, still has a normative void to support the implementation of climate resilience-oriented policies because the regulations regarding the application of basic environmental law norms are overly skewed towards facilitating business activities
Religious Manipulation in Child Sexual Harassment: Islamic Boarding Schools in Indonesia
Full text linkChild sexual abuse in Islamic boarding schools in Indonesia remains a pressing issue that is often overlooked within educational institutions. This study investigates the manipulation of religious doctrine in cases of child sexual harassment within these environments, aiming to understand how perpetrators exploit religious principles. The research uses a descriptive qualitative approach and analyzes online media coverage to explore those involved\u27 characteristics, methods, and motives. The findings reveal that perpetrators employ three primary strategies to manipulate religion: redefining religious doctrines, reconstructing religious practices, and repositioning religious authority. These tactics are employed to legitimize and normalize sexual harassment of children in Islamic boarding schools. This study recommends conducting in-depth interviews with perpetrators and victims to gain a deeper and more empirical understanding. Additionally, the study provides recommendations for developing policies and practices to prevent religious manipulation and safeguard children\u27s rights within Islamic boarding schools. This study emphasizes the urgent need for effective measures to protect vulnerable children in these educational settings
Embracing E-Court Innovation: Advancing Maslahah Mursalah in Indonesia\u27s Religious Courts
Full text linkIn this modern age, online litigation has become a game-changer in streamlining the judicial process. To embrace this transformation, Indonesia\u27s Supreme Court has implemented an e-court system, governed by the Supreme Court Regulation, to boost efficiency and accessibility in the legal landscape. This study sets out to explore the advancements of the e-court system within Indonesia\u27s Religious Courts, delving into the key factors driving its growth and shaping its implementation, with a focus on the concept of maslahah mursalah (public welfare). This study adopts a qualitative research approach, utilizing descriptive analysis and drawing upon both primary and secondary data sources. The findings highlight that while the e-court system largely aligns with existing regulations, hurdles like inadequate network infrastructure and limited public digital literacy persist. Nevertheless, the system brings substantial advantages, paving the way for meaningful progress, including lower costs, remote access to court services, and simplified processes. Key features such as e-filing, e-payment, e-summons, and e-litigation increase accessibility and convenience. Digital transformation reflects the issue of ensuring more efficient and cost-effective services. Factors that influence include cost savings from paperless processes, the ability to file cases remotely, technological literacy issues, and internet connectivity challenges in some areas. Overall, e-court systems align with societal welfare by enhancing the accessibility and affordability of legal services
Integrating Legal Protection Strategies for Wife and Children Due to Rejection of Marriage Isbat Application
Full text linkThis study explores integrative legal protection strategies for wives and children, bridging normative and sociological perspectives, in the face of Isbat Nikah application rejections. This strategy is essential because it is motivated by the facts in the field, namely that many Isbat Nikah are not registered and have legal consequences. This study uses a qualitative approach; this empirical study is drawn from observation data and interviews with judges and clerks in three religious courts (PA) in East Java, namely in Pamekasan, Probolinggo, and Pasuruan Districts. The data was further enriched by comparing it with document and literature studies, then analyzed using descriptive techniques. This article finds that the legal protection of wives and children due to the rejection of Isbat Nikah applications is to apply an integrative normative-sociological strategy. Normatively, the way that can be taken is by integrating several aspects such as aspects of the law, law enforcement, and facilities or facilities that can support the application of law, such as human resources and sophisticated tools such as tools to find out a person\u27s DNA. Meanwhile, sociologically, two aspects of social problems are crucial to carrying out an integrated improvement strategy, namely aspects such as aspects of a religious-type society and a negative patriarchal culture. Religious communities often exhibit a strong susceptibility to dependence on religious guidance
The Debate on the Aesthetics of Business Brand Innovation Among the Millennial Generation for the Issuance of Halal Certification
Full text linkThis study explores how millennials debate culinary businesses, focusing on consumer tastes, brand aesthetics, and halal certification. The basic assumption is that the “halal logo” for the community is not a standard for the business. The method used in this study uses the library research method. The main issues in the study of food business issues to obtain halal certification and the issue of debate among the millennial generation. Stages in data collection techniques are Inventory, Critical Evaluation and Synthesis. The data that has been collected is analyzed descriptively by general data to specific data so as to find conclusions that can become recommendations. The study found that while branding isn\u27t part of the halal assessment, it strongly connects to Indonesia\u27s majority Muslim community. Although including halal products, the basic ingredients of these products are not easy to produce at will. When halal food is stored in one place with haram food, it will cause the food to be contaminated, such as chicken stored in the same place as pork. From the same side, the obligation of halal certification is carried out as a form of state effort in providing security for its citizens in consuming food. Between the two understandings, literacy is needed for the millennial generation where certification and labeling of halal products based on protection, fair value, definite legal value, responsibility and openness, effective and efficient, and competent have implications for public comfort in consuming food for food that is proven to be halal. Millennials are becoming aware that brands with elements seen as forbidden can face public scrutiny, impacting their products. This often leads to short-lived success, with businesses fading away and ultimately financial loss