DIALEKTIKA ANTARA HAK ASASI MANUSIA DENGAN HUKUM ISLAM PERSPEKTIF MASHOOD A. BADERIN

Abstrak

HAM is the most fundamental human rights and attached to it. Islam requires the state or individual not to ignore all human rights. However, there are variety of responses in the implementation of human rights of muslim, such as Islam in harmony with human rights, human rights can only be realized in fact under Islamic law, human rights is an imperialist agenda which must be rejecte. International human right is not in accordance with Islam, since it has a hidden agenda of anti-religious. The majority of responses were a reaction to the "double standards" of Western countries in promoting human rights. Mashood A. Baderin explained that the program of reconciliation between international human rights and Islamic law, by examining the Islamic law in depth, he concluded that Islamic law can be paralleled with international human rights, after the interpretation and re-interpretation in accordance with the changing times. With a dialogical approach to achieve a common understanding, Baderin examined all the roots of classical Islamic legal tradition and sought the paralelity with human rights. However, the proposed requirements and is not negotiable is mashlahah concept that exists in ushul fiqh need to be prioritized. Without using the principle, it ist difficult to discuss Islamic law with international human rights. This principle is presented and reinforced by the principle of the margin of appreciation were approved by the human rights commission meeting European region in 1993 in Strasbourg.