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The Realization of Maqoshid Shari’ah as Local Values in Industrial Relations Disputes Resolution Efforts

Wijayanti, Asri and Suhartono, Slamet and Mahsun, Muhammad Thoha and Isnawati, Muridah (2020) The Realization of Maqoshid Shari’ah as Local Values in Industrial Relations Disputes Resolution Efforts. Proceedings of the International Conference on Law Reform (INCLAR 2019), 121. pp. 233-237. ISSN 2352-5428

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        Abstract

        In the era of globalization, the role of Trade Unions is very important. Trade Unions can represent workers in industrial relations dispute resolution and carry out activities to improve workers' welfare. Trade Unions can sometimes take unwise actions that cause suspicion to others. The problem in this research can be solved by planting Maqoshid Sharia in the value of local wisdom as a model in the efforts to resolve the industrial relations disputes among union administrators. The purpose of this study is to provide an overview of the implementation of the value of maqoshid sharia as an alternative solution in the efforts to resolve industrial relations disputes. This research is juridically normative with conceptual and statutory approaches. The results of this study are Maqoshid Sharia which is the goal of Islamic law has two dimensions, namely al wujud and al adam. Consisting of five things, namely laying the foundation of goodness to maintain religion, self, nasab, wealth and reason. Everything has three levels, namely dhoruriyat, hajjiyat and tahsiniyat. These three levels must be implemented by the management of trade unions when facing a conflict of problems based on their priority level as the efforts to resolve industrial relations disputes through litigation or non-litigation. The conclusion was that the trade unions must understand the roots of the disputes object of the industrial relations that occur. Furthermore, it would try to achieve the goodness by conducting a problem analysis based on Maqoshid Sharia to determine the strategical implementation of the three levels of Maqoshid Sharia, namely dhoruriyat, hajjiyat and tahsiniyat) Keywords: maqoshid sharia, local values, industrial relations disputes, trade unions, workers

        Item Type: Article
        Subjects: K Law > K Law (General)
        Divisions: Jurnal > Fakultas Hukum
        Depositing User: MURIDAH ISNAWATI ISNAWATI
        Date Deposited: 28 Sep 2021 10:13
        Last Modified: 28 Sep 2021 10:13
        URI: http://repository.um-surabaya.ac.id/id/eprint/5393

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