Human rights is simply a thing of process or existing system and in man. to describe human rights, the author makes a decent stressing regarded as contained in this paper. When a man is born into the world, accompanied by cries of screams adorn human life journey, it indicates that the individual has felt intuitively how the rights and obligations when it was born. Fraud, deception, character assassination and so has the coloring of life within the man himself.
When a man is born into the world, accompanied by cries of screams adorn human life journey, it indicates that the individual has felt intuitively how the rights and obligations when it was born. Fraud, deception, character assassination and so has the coloring of life within the man himself.
Human rights (human rights) is simply the process or system is something within human beings, to realize it needed an accurate and precise pattern that those rights can be run in accordance with nature and the nature of each. Categories of human rights today is always interpreted narrowly, but many experts commented flexible about it. Islam fully supports the existence of the human rights of children ranging from the creation until his death. Twit this right would lead to a glimmer of social phenomena of our society, when applied.
In describing human rights (human rights), the author makes a stressing deemed worthy to be discussed in this paper exposure, among others: The Birth of the universal Declaration of Human Rights, the Rights in the view of Islam, Description of Rights According to the UN Declaration of human, social phenomenon within the order of Rights Global human, people Issues concerning the status and rights.
|B. The birth of the Universal Declaration of Human Rights Human / human rights.|
Charter of the United Nations after confirmed the need to maintain world peace and security, also stressed the importance of nations in this world to pay attention on human rights human dignity and honor of individuals, human rights, equality of men and women, as well as treatment-nagara state of the country is reasonably small.
The main purpose of the Charter of the United Nations is to realize the international cooperation within the world solve problems in the economic, social, humanitarian and cultural as well to respect the rights of all of humanity within human rights, support the direction that is absolutely without any discrimination of nation, language, religion as well without discriminating men and women.
Although the Charter of the United Nations first recognized the phenomenon that is most popular as the rights human / human rights, but the charter did not elaborate and did not contain a list of human rights to be respected, then do not refer to an appropriate source to mention the rights that need to be respected. At the time of formulation of the Charter of the United Nations was designed, there have been several proposals from several countries that included a list of rights some countries. However, looking at the United Nations, need to develop an International Bill of Rights within one year after the charter was put in place.
The task of preparing an international Bill of Rights, as mentioned above, submitted to the Commission of Human Rights (Human Rights Commission) is an officer of the Economic and Social Council (ECOSOC). The Commission is in charge of making the details of human rights and must be respected by every human being on this earth, in addition, the commission is also authorized to prepare draft international program on human rights with regard to the UN Charter, as well as provide explanations approval regarding civil rights, the status of women, prohibition of discrimination is directed to the race, nation, language and religion.
Commission on Human Rights / Human Rights has met and formed a commission according to the task given to him. After a long debate, it gives birth to "Universal Declaratiaon of Human Rights" or referred to the International Declaration on human rights / human rights, adopted at that session and then set them also on the basis of approval of its members, but four states are absent. Finally, on December 10, 1948, the General Assembly of the United Nations endorsed the draft universal declaration on human rights / human rights dipersidangan in Paris. Then the next day session of UNESCO also approved the entire contents of the declaration.
Universal declaration of human rights / human rights in the latter form contains a list of civil rights and political rights, economic, cultural sosioal to be the right of all people without exception. This declaration does not contain any institution or mechanism that will ensure that the rights diindahkannya. At first endorsed the declaration, all the ministers present in the form of a non-binding law, but in practice later in the day had turned it into a tool to have legal force, although its legal status is still there pros and cons.
Although many difficulties for the United Nations efforts to establish a universal system for protecting human rights / human rights, but the UN has done little to address this issue specifically. More than 50 devices of human rights has been negotiated under UN supervision. Most are designed by a working group of the UN commission on human rights / human rights (the body under the Economic and Social Council). Most recent Convention on the Rights of the Child which was initiated by the Commission early 1989.
Social theory often grow more rapidly than practice. However, that theory often lags far behind. Urgency and chance experience raises the answers and who seems to be needed long before we can justify them. This is especially seen in the movements for human rights / human rights. Although awareness of the importance / manusiaHAM rights is growing and evolving area, and the movements and the causes which raised human rights / human rights or other rights of a diverse-range, less theoretical literature in this area is still being felt, when compared with other literarur with philosophical themes. Literarur date, is still very preliminary in nature and confusing, and sometimes a look of doubt within the nature, reality, and what are called basic human rights / human rights
However, the demands of rights human / human rights continues. As the wild cry to seek justice within the meaning of anything, it boils down to demands of the distress and discontent helped push the decision that everything, and it should be better than the situation now. Increasing the extent of these demands did not seem affected by the difficulties within mathematical analysis. Or its realization does not depend on things like that but affects the relative power of the people who support or oppose these demands.
The most important consequence of the doubts about the validity of any theory about HAM is a trend which encourages us to see it merely as a theory of ideological mask of sheer power relations. Several reasons have been given to justify rejection that human rights exist or can we know of its existence. These reasons among others: Sometimes people have a view that human rights / human rights do not exist because there are no such things as moral rights as a whole. And this means that we will never be able to provide the foundations yanng valid and objective for any moral decision.
Sometimes people argue that there are no human rights / human rights in any moral system, unless the rights are interpreted muthlak, unconditional, or can not be separated. This view is implicit in some of the liberal-minded legal experts. This assumption does not contain anything in the sense of the term within its use, except on the assumption that there is only one right muthlak or if as for more than one, that we can provide a strong reason to believe that all human rights / human rights can be aligned with one another and in a state which can not be expected or believed those rights would contradict each other.
Clear distinction between prima facie duties and rights, obligations and rights first then muthlak which seems to be an adequate analysis of the problems we face yag. All rights human / human rights have prima facie validity in situations where rights are relevant, but those rights must not be muthlak and binding behavior of any kind within any particular case, although the rights that should be considered. We can not say for sure where the right to bind, because we can not know which came first a right against other rights. On the other hand the consequences of compliance and violation of the rights and obligations of such complexes in order of weight which is unstable and is not constant, so there is no hierarchy can be established prior to guide us into all lines of constructive situation.
3. Other sources of skepticism about human rights / human rights arise because of differences in the list of human rights / human rights (human rights), as it is seen in various declarations of human rights / human rights. This objection shows a very large misconception about the purpose or usefulness of the placement of such rights. The list can not be separated of the historical influence-functional. Any attempt to mention the rights of human / human rights one by one to give historical reference. 2
|C. Right Human Rights / Human Rights In the view of Islam.|
Talking about human rights / human rights in Islam directly, we then think about the methodology he employed in the menyingkapi persolaan happened. The main problems encountered are from Orientalist approach, the analyst believes that if the West and Islam faced polemics within the right humans, then they take the culture and norms of their reference and to compare it as the capital of civilization and order within the other. Parameter moral, legal, political purpose of which is formed as a tribute to Islam forms prepared by the dubious privileges.
Western scholars often use Christianity as a starting point to explain the development-perkebangan in effect in Europe several decades ago. But in explaining the events in Muslim countries, they tend to be and almost always use religious terms. Islam as an excuse or cause of traditionalism on the one hand, or a revolution in terms of another, a trend which is already underway and has reached its peak since the fall of the shah in Iran. We tend to argue that the beliefs and religious practices, traditions and other things considered taboo dapatdianggap not responsible for the events in the Islamic world today. Actually, rather than see Islam as an entity independent of a mystical nature, we see better view of the state, government or the Muslim community as a solid component of the power-political soasial with changes in political regimes, cognitive styles and different economic systems.
The second problem comes from the opposite interpretations offered by scholars as Islam itself. For some scholars of Islam, denied his wish orientalist views have shifted into denial, the attitude of glorifying Islam has become a sort of apology to the point where they require that any to be found outside the boundaries of Islamic people would have within their boundaries, such as: ideas intellectual, political experiences, concepts and scientific discovery. Both the rights human / human rights and the codification of humanity is not an exception to the Muslim thinkers, to immediately be able to show that, although the recently instituted human rights / human rights and the codification of humanity, the things of this kind have been implemented even in the days of the beginning of Muhammad Saw.3
According to the view of other Muslim scholars, Islamic history is not just a series of events that can not be separated (ie there is a single historical developments have links to all the people who have the same religion). But modern states today do not have little in common with the people in view indispensable aspect of the order of the primary needs preformance.
From some of the literature, it can be concluded that the human rights / human rights is a responsibility which has existed since man is born or in other words, a fundamental human right. This right including the category of freedom and independence preformance. includes the right to life, get things right, the freedom to be no obstacles. In Islam human rights / human rights, must be in accordance with the principles of humanity in harmony and balance, regardless of social differences among people, although here and there still there. Al-Quran and Sunnah merupan reflection of human rights / human rights for the program up to date.
|D. Description of Human Rights / Human Rights According to the UN Universal Declaration of Rights.|
Pollis and Schwab conclude in their essay, "Human Rights / Human Rights: A Western construction with limited enforceability with protrusion of the common objections against ethnocentrism. 4 Unfortunately not only the human rights / Universal Declaration of Human Rights filed within which initiated a western bias, melainan there is a tendency to see these rights is ahistorical and simply separated from the context of social, political, and economic.
Such criticism is often directed at the claims of individual rights, entertainment, status, marital agreements, forms of punishment, and some political and civil guarantees, such as election procedures contained preformance some documents human rights / human rights then be recognized internationally. The criticism is a manifestation of culture yng too narrow and historical experience in certain matters only. Other charges arise from allegations of serious and challenging. The defenders of human rights / human rights need to face honestly and carefully and thoroughly respond. Are all of the rights contained in these documents are equally binding on all people everywhere, or what is right which is subject to cultural and national wisdom, and wisdom are applied to what extent, could each choose a government and culture with the simplest of the right lists the rights of human / human rights (human rights), and determine the rights which are not binding and, in short of the number of constraints that, if the standard size of government and culture, or culture is a barometer of governance and human rights / human rights?.
This phenomenon is a big issues are staggering. Coloring matter is also a moral theory, law, politics and economics, including the study of comparative ethics. The author does not start and give a comprehensive answer, and did not even hesitate to answer the arguments of the experts of human rights by not mengeyampingkan rational respect for the reflection of human rights concerns and always terseru on human rights / human rights.
A number of objections Muslims for the first time recorded in 1948, during a discussion about Article 18 of the Universal Declaration stated: "Every person has the right to freedom of thought, conscience, and religion, this right includes freedom to change religion and kenyakinan, and freedom, either alone or in other societies, both in public affairs or disclose privaat in teaching, practice, worship and observance of religion or belief in teaching " 6 In response, a number of Islamic countries (especially Saudi Arabia) seeks to remove the article. And from the pretext that chapter, they show another scapegoat-Lebanon, for example, to support the Saudi statement, they assume that the rights of the Muslims of Lebanon would be damaged by the words in that chapter.
The same objections raised by some countries of the chapter is a more detailed version of religious freedom contained in the manuscript concept of the International Covenant on Civil and Political Rights, which recently agreed and stated that: "No one shall be subject to coercion which would undermine the freedom to profess a religion or kenyakinan his choice "(Article 18 paragraph 2). And article 26 of the Covenant was to add another new provision that guarantees the same legal protection against discrimination on the basis of any form such as race, gender, religion.
Discussion about the Universal Declaration of Human Rights / Human Rights in the United Nations provides a unique starting point for research on Islam and religious freedom. This is a discussion International, and because of certain articles of the Declaration, leading to issues relating to freedom of religion directly, especially article 18, which gives the right of freedom of conscience tehadap role in choosing and practicing religious beliefs, including the right to convert . This issue is a determination that the cause discord among Islamic countries Saudi Arabia and Pakistan. 7
|E. Social phenomena in order for Human Rights / Human Rights Globally.|
Protecting Human Rights of the majority and minority in the earth's surface must be maintained. The reason is quite strong, new world power structure is not balanced. Political power, military, economic, technological and cultural elite were on hand. New world order really just a slogan, words coined trap to perpetuate patterns of domination and control of one or another Western form, which has been entrenched for most of the last two hundred years. Because the main purpose is to serve the interests of the ruling, the world will continue to deny and revoke the humanity of his rights. When a powerful system is orientated things or have the privilege, the right of ordinary people will be in danger. It is a fact that occurs repeatedly at the level of nation-state. However komprehensipnya promised to the people's rights to the constitution of a country, depending on how far the actual realization of the power structures in society that are implementing it. If the power is uniformly distributed, most citizens probably would enjoy the rights granted to him.
Conversely, if the power concentrated in the elite level, then human rights are more likely to be broken than obeyed. In addition, unlike many countries today who obey the mandate due to a small number of representative politics, global system does not have responsibility for the human race. Institutions of power that dominate the global system is not accountable to the people. Global apartheid is not only power and wealth confers privileges to minorities but also to ensure that they are in control (control) will be able to maintain and perpetuate their position through laws, institutions, and values that match their interests. Some even argue that such conventional apartheid, there is also a gentle but strong racist element in the global apartheid.
When we look at human rights toyed with things that are considered legal, we do not realize that once the policies are applied differently to what has been formulated, the interest for the sake of a couple merupan dominant factor occurs in cases of violations of human rights today. Modern era as a forum for significant social phenomenon occurs either from individuals to institutions competent though. Indonesia itself is 60 years of independence, has many meyepelekan rights that exist in humans, either subtly or overtly. The number of victims of human rights / human rights who are willing to sacrifice something for the motherland, but what they get after the blood, soul, tears and sorrow at stake. Misery and bitterness of life has always been a social phenomenon that often we see everywhere through the media or in the field. Our society is not touched his heart when he saw the problems of others, but if the problem has nothing to do with either of kinship families, then he will rebel and immediately knew what to do, without thinking of consequences.
Violations of human rights (human rights) in the Western world who can stop whom, the massacre of the Muslims of Bosnia-Herzigovina who will be responsible for, violations of human rights or human rights in Indonesia who have dikambing blame anyone. Though competent judiciary will not be able to honestly express these crimes. Allegations of innocence is a powerful weapon to fool society that will lay the essence of law and justice hidden dimension. Waiting continues to await a similar hypocrisy makes us turn to memdapatkan perception of truth and justice. Social stratification one share of the problems we see something, this is where the depravity of our state law.
The conflict occurred in the environment we are caused by various non puasaan vicarious group of people who envy the pleasure of others, murder, rape, theft and diversion beberbagai small portions of the forms of violations of human rights / human rights. Thus it is clear the conflict. The articles on freedom of religion and conscience in various human rights documents appear in conflict, the essentials of the many problems which have been defined and the official teachings of Islam about the implementation of the apostates and those non-Muslims are protected. There are at least four possible strategies that we can use in dealing with conflict
We can only support the recall of all of the statements supporting freedom of religion and conscience (or perhaps we can improve it with the same purpose, by way of rewriting those statements with the intent to avoid hazardous). Many problems with this response. Are all statements of human rights / human rights should be withdrawn or neutered at any time when dealing with opposition. However, more precisely, in fact there is little in the international community, even among Muslims, in mengambilangkah radikalsemacam measures it. Muslims, like others, could seem to accept the status of human rights and freedom of conscience, as long as those rights are limited as appropriate, to traditional teaching.
We can try to argue that compliance with these statements that there is freedom of religion requires licensing Muslim countries, together with any person other than Muslim, kebijaksanaa to restrict religious tolerance and its limits in any way they choose. Then we will allow the rights of Muslims mengikutu their own conscience, and therefore, act against their religious freedom rights guaranteed internationally. There are two problems here. The first is to allow all views are intolerant, will produce the opposite of wisdom, especially when it leads to intolerance of certain belief belief can be implemented. Second is the fact that statements about the rights of freedom of religion includes no explicit prohibitions against certain Islamic policies.
We can hold fast to the statement about the right to freedom of religion there and try to set internationally by using the same tools as for example the UN do, from time to time been making efforts to strengthen political rights, economic, social and rights of residents other. In addition, without any approval that a belief in religious freedom requires tolerance of any belief, even beliefs compel intolerant attitudes, strongly suggests that cultural differences on this issue creates complexities and confusion for proponents of human rights / rights human rights violations are not listed with regard to who is more famous-violations, such as harsh persecution of prisoners, political opponents and others.
We can say the contemporary debate between the West and the Muslim people of the freedom of religion and conscience as an opportunity to consider the basics and the nature of a belief in the freedom of both the Western and Islamic traditions. If carefully, critically evaluated, the conflict between the West and the Islamic view about something so important and fundamental as the rights of religion and conscience kebebasab be more consistent than expected, have much reason to start calling "application without borders" 8 of the Declaration of Rights Munusia, as many people suspected.
|F. People Issues: Status and Human rights|
According to al-Mawdudi, 9 Islamic teachings and guidelines include a system of thought, behavior and aims to establish a state based on Islamic ideology itself. For that Islam divides the two types of citizenship: Muslims and dhimmis.
In this case, said al-Maududi, a blunt and honest citizens clearly distinguish in its political structure, without hiding behind the words of mere decoration. For example, as is mostly done by countries on paper guarantee equality between citizens, but in reality, all-time practice of discrimination against a number of important citizens. It can be seen for example in the treatment of the Negro Cosmos (black population) in America States or the treatment of those non-communists in Russia.
In fact, the word al-Maududi 10, all modern states now have such treatment in a variety of levels. In this case the path of Islam the most rational, fair and honorable. The road to al-Mawdudi that early and outspoken Islamic classify a citizen of two layers based on measurements of religion: Islam and non-Muslims.
On top of each shoulder Muslim citizens is an obligation to hold the entire teachings of Islam. It is they who bear the obligation to implement its laws and jointly to realize the teachings of Islam in the field of religion, morals, culture and politics. Islam put it all on them and ask for their sacrifice in all its forms in order to maintain the teaching.
On the other hand, the practice of marriage to fellow workers outside negari be a legal analysis on the status of children who are either dlahirkan about citizenship status and the aspects which arise in the future. 11 Status of workers who work outside the township fought intensively for Our legal certainty comparable to other state law.
The right end of the end of this issue Human / human rights (human rights) back sticking to the surface and the much talked about everywhere. This indicates that the human being leads to understanding her own identity, human rights requires the existence of freedom or independence. When the world is troubled face onslaught of globalization and modernization, human rights / human rights itself is suspected as part of the democratization process, especially in developing countries.
Islam long ago have made a strong legal legitimacy of individual rights of man, since the nature of the uterus to be able to interact with each other. The right to religion and faith is an absolute right of every human being to understand and live by its precepts.
Violations of human rights / human rights today is because they have different interests from the policy authorities are eyeing other less developed aspects of values in society, many cases of libel, murder, rape, torture and creativity in creating an issue of human rights / human rights increasingly complex. Islamic teachings and values contained therein to be an alternative solution. Amin.
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