Pemenuhan dan Perlindungan Hak Keberagamaan Penyandang Disabilitas: Studi terhadap Maqasid Syariah dan Peraturan Konstitutif Indonesia

Abstract

Persons with disabilities are individuals who experience obstacles in the social environment so that their limitations make full and meaningful participation based on their abilities, including in the aspect of religion. Maqasid syari'ah as a philosophy of Islamic Law has the construction power to form an inclusive paradigm of the diversity of persons with disabilities based on human rights. The construction formed through maqasid syari'ah needs to be formulated into laws and regulations as a form of forming a positive legal system that can provide protection and fulfillment of the religious rights of persons with disabilities. The purpose of this study was to find out the maqasid syari'ah perspective on paradigm formation including the religious rights of persons with disabilities and to find out the protection and fulfillment of the religious rights of persons with disabilities within the Indonesian legal framework. The research methodology uses doctrinal and qualitative legal research with a statutory approach. The results of the study show that maqasid syari'ah can form an inclusive paradigm of the religious rights of persons with disabilities which are then formulated into laws and regulations. The conclusion of this study is that the formation of a paradigm that includes disturbances in the perspective of maqasid shari'ah is built through a component of the principles of a systems approach consisting of: cognitive properties that produce an applicable framework for viewing disturbances; interrelated hierarchies of openness that result in an applicable social welfare-based regulatory framework; multidimensionality-purposefulness that produces an applicative framework for human rights-based constitutive regulations.