STUDI KOMPARASI HUKUM POSITIF DAN HUKUM ISLAM TENTANG HAM

Abstract

The 1945 Constitution stipulates that everyone is entitled to personal,
family, honor, dignity and property protection under his control, and is entitled to
a sense of security and protection from the threat of fear of doing or not acting in
rights. Likewise, the right to decent work and livelihood, freedom of association
and assembly, the right to express opinions either by word of mouth or in writing.
In the view of Islamic law a human right is a right inherent in a person since in the
womb of his mother until he died, merupkan grace given by Allah SWT. which
must be respected and respected by every human being. In the Qur'an it is
mentioned that Allah (SWT) has given the right to live to all human beings, then
in the social life is not allowed arbitrarily against others. Islam gives the right of
people to express opinions, but Islam gives boundaries in order to respect the
rights of others, where in expressing opinions there should be no intention and
words for humiliation to a person or a certain group, for the sake of mutual peace.
Therefore, the way in which the implementation of human rights is done through
the division and limitation of duties, and established forms of guarantee on the
rights of citizens.