The Individual's Personal Freedom from The Perspective of Legal Documents and Islamic Law

After the right to life, the most important natural right of a human being is the right to freedom. Freedom and life are interdependent. Because life is connected to the performance of various matters and activities, and carrying out these matters is incomplete and impossible without freedom. Thus, freedom is considered a condition and an important principle for the realization of life matters, and it is regarded as a significant factor in the completeness of human dignity and personality. Because those who do not have freedom are legally considered to lack capacity. Personal (civil) freedom is one of the important types of freedom because it encompasses many vital aspects of human life and directly connects to human dignity and personality. Qualitative methods have been utilized to research this topic, and materials and information have been sourced from reputable books. The study aims to clarify individuals' right to personal freedom from the perspective of Islamic law and legal documents in a comparative manner. Personal (civil) freedom, personal security, freedom of belief, freedom of expression, opinion, and thought, the freedom to change residence, and the freedom to travel are all included in Islam, Sharia, and law restrict freedom; Islam is not compatible with a freedom that harms the freedoms, public interests, human dignity, status, and honor of others. On this basis, the absolute forms of freedom stated in Articles 1, 2, 3, 5, 16, 18, 19, 23, and 30 of the Universal Declaration of Human Rights, as well as in other international documents of a similar nature, clearly conflict with human dignity, status, honor, and the teachings of the blessed religion of Islam.

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Publication Details

Journal
ATJSS
Published
2024-12-10
DOI
https://doi.org/10.63476/atjss.v1i1.46
Primary Topic
Islamic Finance and Banking Studies
Type
article
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article

The Individual's Personal Freedom from The Perspective of Legal Documents and Islamic Law

Khushal Jawad, Abdul Wali Atif
ATJSS
Islamic Finance and Banking Studies
article

The Individual's Personal Freedom from The Perspective of Legal Documents and Islamic Law

Khushal Jawad, Abdul Wali Atif
article en

Abstract

After the right to life, the most important natural right of a human being is the right to freedom. Freedom and life are interdependent. Because life is connected to the performance of various matters and activities, and carrying out these matters is incomplete and impossible without freedom. Thus, freedom is considered a condition and an important principle for the realization of life matters, and it is regarded as a significant factor in the completeness of human dignity and personality. Because those who do not have freedom are legally considered to lack capacity. Personal (civil) freedom is one of the important types of freedom because it encompasses many vital aspects of human life and directly connects to human dignity and personality. Qualitative methods have been utilized to research this topic, and materials and information have been sourced from reputable books. The study aims to clarify individuals' right to personal freedom from the perspective of Islamic law and legal documents in a comparative manner. Personal (civil) freedom, personal security, freedom of belief, freedom of expression, opinion, and thought, the freedom to change residence, and the freedom to travel are all included in Islam, Sharia, and law restrict freedom; Islam is not compatible with a freedom that harms the freedoms, public interests, human dignity, status, and honor of others. On this basis, the absolute forms of freedom stated in Articles 1, 2, 3, 5, 16, 18, 19, 23, and 30 of the Universal Declaration of Human Rights, as well as in other international documents of a similar nature, clearly conflict with human dignity, status, honor, and the teachings of the blessed religion of Islam.

ATJSSVol. 1(1)
Openalex Percentile: Top 53%
Islamic Finance and Banking Studies
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The Individual's Personal Freedom from The Perspective of Legal Documents and Islamic Law — Khushal Jawad, Abdul Wali Atif · ATJSS (2024) | TGRS Research Map | TGRS