Damayanti, Wahita (2025) Peranan Peradilan Agama Dalam Pembaruan Hukum Sesuai Dengan Perkembangan Ham. Other thesis, Universitas Islam Riau.

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Abstract

The judges of religious courts in Indonesia are still bound by general Islamic legal principles in their verdicts, which may not always meet the sense of justice of the society. However, over the past 10 years, there has been emerging jurisprudence that has introduced new principles, successfully bringing justice not only in a textual manner but also through substantive justice. This has been achieved by reinforcing existing principles and sometimes contradicting established norms to bring justice in a dynamic society. One of the most notable examples is the ruling No. 331 K/Ag/2018, where non-Muslims who were previously excluded from inheritance rights are now allowed to receive a portion of the inheritance. The research problem in this study includes the following questions: 1) What is the concept of human rights (HAM) in Islamic law? 2) What is the role of religious judiciary in legal reform in accordance with human rights developments? To analyze these legal issues, the research first explains the concept of human rights in Islamic law and then examines its relevance in the implementation of the competence of religious judiciary in legal reform through court decisions. The results of the analysis of ten jurisprudences in religious courts indicate the direction of legal reform in fulfilling human rights, particularly civil rights as stipulated in the Indonesian constitution, in line with the principles of human rights assurance in Islam. These decisions include guarantees for citizens' rights to property, protection of women and children, as well as protection for minority groups. As the existing jurisprudence has shown progress, it is crucial for the Religious Courts in the future to ensure that well-established jurisprudence, including those labeled as "landmark decisions," can be applied by judges at both the appellate and first-instance levels. This is necessary to achieve legal consistency and unity, as well as to enhance and improve the fulfillment of the human rights of Indonesian citizens. Keywords :judiciary, reform, law.

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