THALIB PRAWITRA, 031070555 (2013) PRINSIP SYARIAH DALAM PENGAKUAN DAN PERLINDUNGAN HAK ASASI MANUSIA,Kontribusi Syariah Dalam Upaya Penegakan dan Perlindungan Hak Asasi Manusia. Disertasi thesis, UNIVERSITAS AIRLANGGA.

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Abstract

The concept of human rights in Islam will not be separated from the concept of nature and haqq inherent in humans, if the disposition is a condition innate nature of inherent human dignity inherent in the term haqq Quran is in Arabic has some sense that is true or truth. so if the haqq concept is defined as al-Haqq it will lead to the Lord God Almighty as the absolute truth. Then the next haqq meaning in English can be interpreted in terms of rights,in French is defined as droit, and in Indonesian translated as hak. In the concept of rights as a human right that in Arabic, haqq is not a single concept but it coupled with another termination of alwjaib which means duty or obligation. So that, the concept of haqq that coupled with al-wajib is an understanding about haqq that lead to human rights. Human rights in Islam can be said as moral obligations that owned by everyone as God’s creature. Alquran in Islam distinguish the understanding of human rights into rights for each human being and rights for certai people such as weak, poor, traveler, women, and non-muslim. Human rights position is placed between religious world (ecclesia) and secular world (saeculum), it’s because human rights as natural right comes from God but in efforts it needs recognition, protection, and realization from secular world, in this case divinity elements changed with a human dignity concept by the secular adherents. This can be seen in western concepts about human rights that excluded dignity concepts from their understanding whether it as divine or sovereign, so that human rights is all about moral concept without dignity values on it. Concerning the connection between morality and religion, can be explained that morality does not need religion but as vice verse, religion needs morality. The combinations between religion and ethic codes in social live will face the other systems such as economic, politic, law,education, etc. in this fields the religion concepts will infiltrate and affect each field to form moral codes that worth to be followed. in this matter can be concluded that morality forms connector bridges between religious system and another systems that affecting each other and inseparable.

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