Human Rights and The New Normal Challenges: A Sharia Perspective

A. Muchtar
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Abstract

This study aims to elaborate ideas and debates on human rights in the era of the Covid-19 pandemic. The point of view of this study is Islamic Sharia. This study uses a literature review method complemented by personal reflection to connect Islamic sharia ideas with social dynamics during the pandemic. Several relevant pieces of literature are reviewed and analyzed to find the suitable core of sharia ideas. By exploring some basic principles of human rights, this study concludes that in this era of the Covid-19 pandemic, some people view government policies as contrary to human rights because they have to experience many restrictions and pressures, such as the obligation to wear masks, vaccinations, social distancing, restrictions on worship activities, isolation. They also feel that their human rights have been violated by regulations requiring them to wear masks, feeling insecure by the threat of contracting the virus, losing their jobs, threats of death, and so on. On the other hand, some other humans support regulations and legal rules based on health protocols. The support of this second group is also for the sake of protecting human rights. They support the government’s policy of enforcing health protocols solely to avoid the danger of contagion of Covid-19 which can lead to severity and even death. In the perspective of Islamic Sharia, human rights which are based on freedom are actually limited by the rights of others. Freedom as one of the core of human rights is also balanced with obligations and responsibilities.
人权与新常态挑战:伊斯兰教法视角
本研究旨在阐述Covid-19大流行时代关于人权的想法和辩论。本研究的观点是伊斯兰教法。本研究采用文献回顾法,辅以个人反思,将大流行期间的伊斯兰教法思想与社会动态联系起来。通过对相关文献的回顾和分析,找到适合伊斯兰教法思想的核心。通过对人权基本原则的探讨,本研究得出结论,在新冠肺炎大流行时代,一些人认为政府的政策违反人权,因为他们必须经历许多限制和压力,例如戴口罩的义务、接种疫苗、保持社交距离、限制宗教活动、隔离。他们还认为,要求他们戴口罩的规定侵犯了他们的人权,因感染病毒、失去工作、死亡威胁等而感到不安全。另一方面,其他一些人支持基于健康协议的法规和法律规则。第二类人的支持也是为了保护人权。他们支持政府执行卫生协议的政策,这只是为了避免Covid-19感染的危险,这可能导致严重甚至死亡。从伊斯兰教法的角度来看,以自由为基础的人权实际上受到他人权利的限制。自由作为人权的核心之一,也与义务和责任相平衡。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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