HAM dan Hukum Islam

Gasim Yamani
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Abstract

Ham as an agreement made by humans, has legal force that is recognized by the whole world. On the other hand, Islam as a religion also has a source of law that regulates human life and of course the laws regulated in Islam are in the name of God and justice. Human rights debates often occur when Islamic law wants to be applied, for example, cutting hands, capital punishment and so on. Though the punishment is in the name of God and justice. This is the object of a research study on how Islam views human rights, this study has also been carried out by several researchers such as Sitti Aminah's writing with the title "Human Rights in the Perspective of the Qur'an", besides that there is an article from Nur Asiah who wrote an article with the title Rights Human Rights Perspective of Islamic Law. Although these two articles write about human rights, there is a difference with this research, which lies in the methodology and discussion. The methodology used is the comparative method, which means that comparisons between several cases of Islamic law and ordinary legal cases such as imprisonment and hand cutting are compared. The conclusion from the results of this study or this paper is that human rights and Islamic law both want to create justice, only that the difference between the source of the decision is if human rights are in the name of human justice while Islamic law is in the name of God and justice.
火腿作为人类达成的协议,具有全世界公认的法律效力。另一方面,伊斯兰教作为一种宗教,也有规范人类生活的法律来源,当然,伊斯兰教的法律是以真主和正义的名义制定的。当想要实施伊斯兰法律时,人权辩论经常发生,例如,割手、死刑等等。虽然惩罚是以上帝和正义的名义。这是一个关于伊斯兰教如何看待人权的研究对象,这个研究也有几个研究者进行过,比如Sitti Aminah的《古兰经视角下的人权》,此外还有Nur Asiah的一篇文章《伊斯兰法视角下的人权》。虽然这两篇文章都是关于人权的,但这篇研究的不同之处在于方法论和讨论。所使用的方法是比较法,这意味着将若干伊斯兰法案件与监禁和割手等普通法律案件进行比较。本文的研究结果得出的结论是,人权和伊斯兰教法都想创造正义,只是决定的来源的区别在于人权是否以人类正义的名义,而伊斯兰教法是否以真主和正义的名义。
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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