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Paper The Realization of Maqashid Syaria as Local Values in Industrial Relations Dispute Resolution Efforts
Asri Wijayanti; Slamet Suhartono, Mahsun, Muridah Isnawati

University Muhammadiyah of Surabaya


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 maqashid syaria 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 maqashid 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 Maqashid Syaria 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. Every thing 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 maqashid syaria to determine the strategical implementation of the three levels of maqasid syaria, namely dhoruriyat, hajjiyat and tahsiniyat.

Keywords: maqasid syaria, local values, industrial relations disputes, trade unions, workers

Topic: Islamic Law

Link: https://ifory.id/abstract/TWBGnYdz9uZ7

Conference: International Conference on Law Reform (INCLAR 2019)

Plain Format | Corresponding Author (Asri Wijayanti)

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