Human Rights in the Sexual Sector (Sexual Freedom) as a Challenge to Islamic Philosophy

Nurani, 1 and Ahmad Nurcholis, 197808012009011006 and Intan Sari Dewi, 198205152015032003 (2024) Human Rights in the Sexual Sector (Sexual Freedom) as a Challenge to Islamic Philosophy. International Conference on Islam, Law, and Society(INCOILS) Conference Proceedings 2024, Semarang.

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Abstract

The differences of universal Human Rights (HAM) principles and traditional values in Islam, especially related to the application of maqashid al-shari'ah in different social and cultural contexts, cause tension between the two. The aim of this research is to analyze the philosophical approach to Human Rights (HAM) from the perspective of contemporary Islamic thought. This research uses qualitative methods with a literature study approach, analyzing classical Islamic texts, international human rights documents, and the thoughts of modern Islamic intellectuals. Data collection techniques were carried out through document review and textual analysis of relevant primary and secondary sources. Data were analyzed using descriptive-analytic techniques to identify the relationship between the concept of maqashid al-shari'ah and human rights values. The research results show that the concept of maqashid al-shari'ah in Islam - which includes the protection of life, reason, religion, property and descent—in line with universal human rights principles. Islam has a philosophical framework that is able to support the recognition of human rights, although its implementation in the context of Muslim societies often faces challenges, especially from conservative Islamic groups. Contemporary Islamic thought, such as that offered by Masdar F. Mas'udi and the NU Bahtsul Masail Commission, provides an inclusive interpretation of human rights, including issues of gender equality and sexual freedom. This research concludes that a dialogical approach that integrates Islamic values with global human rights can create harmony between the two. Recommendations are given to continue more indepth studies in aligning the application of human rights with the socio-cultural context of Muslim communities to achieve wider acceptance.

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