scholarly journals Illat, Hilah, dan Hikmah Sebagai Pertimbangan Perubahan Hukum Islam

2021 ◽  
Vol 3 (2) ◽  
pp. 221-238
Author(s):  
Abdur Rakib ◽  
Zakiyah Muhammad Jamil
Keyword(s):  
Rule Of Law ◽  
Islamic Law ◽  
Social Community ◽  
The Rule Of Law ◽  
Legal Instrument ◽  
Library Research ◽  
Legal Statement ◽  
The Law

This research is substantively looking for the position of the meaning and benefits of a legal statement in Islamic fiqh. So as to find the root of the problem and the reasons for the stipulation of a law against mukallafin. This of course has to approach and consider asbab and eat the occurrence of an activity that is labeled the law by Shari '. So that the details of the rule of law in the context of the place can be explained and adjusted to the demands of the time. The use of theory in this study is to consider the opinions of the scholars (library research) by looking for details on the reasons for the enforcement of a legal instrument in a social community as well as the timing and circumstances of the law. The results of this study indicate that understanding the illat of law is a necessity in a consideration of Islamic law. Meanwhile, understanding the law and the wisdom of law, especially in terms of the role of changing a law according to time and place, is also something that cannot be avoided.

Illat, Hilah, dan Hikmah Sebagai Pertimbangan Perubahan Hukum Islam

2021 ◽  
Vol 2 (2) ◽  
pp. 195-203
Author(s):  
Abdur Rakib ◽  
Zakiyah Muhammad Jamil
Keyword(s):  
Rule Of Law ◽  
Islamic Law ◽  
Social Community ◽  
The Rule Of Law ◽  
Legal Instrument ◽  
Library Research ◽  
Legal Statement ◽  
The Law

This research is substantively looking for the position of the meaning and benefits of a legal statement in Islamic fiqh. So as to find the root of the problem and the reasons for the stipulation of a law against mukallafin. This of course has to approach and consider asbab and eat the occurrence of an activity that is labeled the law by Shari '. So that the details of the rule of law in the context of the place can be explained and adjusted to the demands of the time. The use of theory in this study is to consider the opinions of the scholars (library research) by looking for details on the reasons for the enforcement of a legal instrument in a social community as well as the timing and circumstances of the law. The results of this study indicate that understanding the illat of law is a necessity in a consideration of Islamic law. Meanwhile, understanding the law and the wisdom of law, especially in terms of the role of changing a law according to time and place, is also something that cannot be avoided.

scholarly journals ПОКРЕТАЊЕ ПОСТУПКА НОРМАТИВНЕ КОНТРОЛЕ ПРАВА У РЕПУБЛИЦИ СРБИЈИ

TEME ◽  
2019 ◽  
pp. 1419
Author(s):  
Bálint Pásztor
Keyword(s):  
Rule Of Law ◽  
Constitutional Court ◽  
The Rule Of Law ◽  
Democratic Culture ◽  
Advantages And Disadvantages ◽  
Institutional Values ◽  
The Law ◽  
The Republic ◽  
The One

The author of the article analyzes the specificities of the normative control of the law, i.e. the procedure of assessing the constitutionality and legality of the law in the Republic of Serbia, with the aim of detecting historical and legal preconditions of the effective functioning of the rule of law. The historical perspective of the development of the constitutional judiciary in the Socialist Federal Republic of Yugoslavia and the Republic of Serbia, as well as the analysis of the experiences of various systems of control of constitutionality and legality, open the contextual, scientific-historical and pragmatic dimensions of understanding. The specificity of the system of normative control is reflected in its triplicity, meaning that three institutes are known that characterize different procedural possibilities (to initiate the process of assessing the constitutionality and legality of general acts). The paper is written in order to point out the dichotomy of the proposal and initiative of the procedure of the assessment of constitutionality and legality, as well as the advantages and disadvantages of the ex officio procedure. Furthermore, the author wanted to point out the essential and procedural differences between the proposal, the initiative and the constitutional complaint, especially analyzing the purpose of retaining the institute of the initiative in the light of the existence of the constitutional complaint and the fact that the initiative does not imply the automation of the initiation of proceedings. The dilemma that the article opens concerns the possibility that in the case of abolishing the initiative as an institution accessible to all, is it possible to preserve the democratic culture and the participation of citizens, furthermore is it possible to abolish the fundamental institutional values and freedoms of a legal state and the rule of law? The paper opens other issues of importance for the establishment of an effective constitutional architecture that concern: the width of the circle of authorized proposers of normative control before the Constitutional Court; the dual role of the constitutional judiciary: on the one hand protection of the Constitution, constitutionality and legality, on the other hand effective protection of human and minority rights and freedoms.

scholarly journals Peran Hukum Adat Perspektif Hukum Islam Dalam Ranah Hukum Positif

2020 ◽  
Vol 5 (1) ◽  
pp. 89
Author(s):  
Lutfi El Falahy
Keyword(s):  
Rule Of Law ◽  
Qualitative Method ◽  
Customary Law ◽  
Final Word ◽  
The Rule Of Law ◽  
Positive Law ◽  
Library Research ◽  
Written Law

Indonesia has written law in the form of positive law and law that lives in recognized societies and then becomes customary law, but recognition of customary law applies only to groups that recognize its existence, of course this is contrary to positive law that applies universally. Here the author tries to examine how the role of customary law in the formation of positive law and what its effects. The method used in this paper is a qualitative method and the approach uses library research. As a rule of law aimed at creating harmony and balance in society, the existence of customary law in a rule of law is absolutely necessary, because the rule of law as a feature of the rule of law is not a final word, but as a way to create justice in society.

scholarly journals ASAS-ASAS BANTUAN HUKUM DAN PERAN HAKAM DALAM PENEGAKAN HUKUM: STUDI KRITIS ATAS TAFSIR AL-QURAN SURAT AL-NISÂ’ AYAT 35

Asy-Syari ah ◽  
2015 ◽  
Vol 18 (2) ◽  
Author(s):  
Didi Kusnadi
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Islamic Law ◽  
Primary Source ◽  
Critical Study ◽  
Legal Aid ◽  
The Rule Of Law ◽  
Universal Principles ◽  
The Law

This paper explains the bases of legal aid in Islamic law through a critical study on the concept of hakam reduced from the Quranic interpretation Surah al-Nisâ’ verse 35. As a primary source of Islamic law, the Quran is believed guarantying the universal principles of Islamic law that is relevant with law enforcement. It is also implemented practically and comprehensively in the line of the bases of legal aid and developed it into the concept of hakam. Therefore, it can be seen as one of Islamic law contribution within the rule of law in Indonesia through the concept of hakam which can be formed for development of legal aid concept and its application within the law of legal aid in Indonesia.

scholarly journals Transformasi Madzhab Qouli Menuju Madzhab Manhaji Jama`iy dalam Bahtsul Masa`il

2018 ◽  
Vol 4 (1) ◽  
pp. 19-29
Author(s):  
Imam Syafi`i
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Legal Decision ◽  
The Rule Of Law ◽  
Existing Problems ◽  
Legal Instrument ◽  
Way Of Thinking ◽  
The Law ◽  
The Way

Among the forums to solve the problem are collectively known as 'bahtsul masa'il'. the legal decision is collective, derived from the consensus of the participants. His method of searching references (maraji ') to find answers regarding the existing problems, known as Madzhab Qauli, madzhab which is understood as the opinion or fatwa of a Mujtahid or Mufti in deciding fiqhiyyah law. However, not infrequently stagnation (maukuf) in the termination of the law. Because there are no references or books that explain the problem. As a result, if enforced (laws with existing references) result in unfair decisions and other issues for the community.From this manifestation of schools began to be considered important to be developed. That is a way to answer the problems faced by following the way of thinking and the rule of law which has been drawn up by the madzhab priest as described above. This last method is actually an attempt to decide the law by directly returning al-Qur'an, al-Hadits and so on by using tools qawa'id ushuliyyah and qawa'id fiqhiyyah. Everyone can not run this method individually. because the legal instrument of the legal system must be completely mastered. Therefore this Manhaji Method can be developed by means of ijtihad Jama'i that is the hard effort of some experts in their respective fields maximally in exploring the law of syar'i which is dhanni by using the method of istimbat. The decision is based on the agreement of the ulama or by acclamation, which is to take the most votes from the results of the deliberations. Keyword: Madzhab Qouli, Madhab Manhaji, Bahtsul Masa`il

scholarly journals Constitutional Justice

2017 ◽  
Vol 19 (33) ◽  
pp. 135-142
Author(s):  
Anca-Florina Moroșteș ◽  
Narcisa-Mihaela Stoicu
Keyword(s):  
Rule Of Law ◽  
Constitutional Court ◽  
Contemporary Society ◽  
The Rule Of Law ◽  
Democratic State ◽  
Constitutional Justice ◽  
The Law

Abstract The paper with the title “Constitutional Justice” aims to analyse a topic of urgent actuality and of particular importance in the contemporary society. We have tried to show in this paper the importance of the Constitutional control in the rule of law. Starting from the idea of necessity of existence of a Constitution in a democratic State and, implicitly, of a body to follow-up the compliance with its provision, we have tried to highlight in this paper the role of Romanian Constitutional Court and not only, by presenting one of its most important attributions which is the control of the law constitutionality.

scholarly journals PEMIDANAAN ANAK MENURUT HUKUM ISLAM DAN HUKUM PIDANA INDONESIA

2015 ◽  
Author(s):  
Adam Sani
Keyword(s):  
Human Resources ◽  
Restorative Justice ◽  
Rule Of Law ◽  
Justice System ◽  
Islamic Law ◽  
Criminal Offense ◽  
The Rule Of Law ◽  
The World ◽  
The Law ◽  
The Government

Children is that of Allah swt which exists to the world is on the nothing but (pure children as the youth is the successors to achieve struggles and human resources for the development of nasional. children need guidance and attention specifically, Especially their parents and the government to achieve the development of physical , mental and spiritual maximally .The rule of law against children a criminal offense in Indonesia arranged in act no. 3 year 1997 on court children later improved by the law no. 11 2012 about the justice system children .Hence , if the child a criminal offense therefore his is to be processed legally based on the bill. Law no. 11 2012 about judicial systems children prefer diversi in the form of restorative justice in terms of handle matter children proven to commit crimes. According to islamic law , children committing a commit crimes.Keyword: children,  islamic law, crimes law, of Indonesia

scholarly journals Legitimization and Validity of Directives on Legal Interpretation on the Example of the Rule of Law Crisis in Poland

2020 ◽  
Author(s):  
Robert Piszko
Keyword(s):  
Rule Of Law ◽  
Traditional Approach ◽  
Main Role ◽  
Legal Interpretation ◽  
Legal Doctrine ◽  
The Rule Of Law ◽  
Research Material ◽  
The Law ◽  
Political Dispute

Abstract In case when the criteria for the validity of interpretative directives are not clearly defined and a political dispute arises, the dispute participant may refer to such interpretative directives, the use of which will determine the content of the law and determine the outcome of the political dispute. In this way a crisis of the legal order in Poland has occurred. Therefore, the aim of this article is to draw attention to the consequences of the undefined status of the directives of legal interpretation, the resulting need for legitimacy of the interpretation of the law, the role of legal views (legal doctrine) possible in this respect and the validation role of the interpretation custom in legal doctrine. The article consists of four parts. The first one describes the phenomena that have disrupted the traditional approach to the sources of law. The second part describes the traditional approach to the sources of the law. The third one proves that the traditional approach to the sources of law, in which the main role is fulfilled by normative acts, is incorrect, this part also indicates that the key role in this respect is played by spontaneous rules of law interpretation. The fourth part indicates the need to legitimize the interpretation of the law and the role of the interpretation custom in judicial doctrine. The research material includes parliamentary practice in Poland, practice of law interpretation and scientific studies on law interpretation. The research material was examined mainly using the method of linguistic analysis.

Tracking the Law and Development Continuum through Multiple Intersections

2015 ◽  
Vol 8 (2) ◽  
Author(s):  
Ada Ordor
Keyword(s):  
Economic Growth ◽  
Rule Of Law ◽  
Development Studies ◽  
Law And Development ◽  
The Rule Of Law ◽  
The Poor ◽  
The Law ◽  
Key Dimensions ◽  
Multiple Intersections

AbstractIdeas expressed as law and development theories have sought to connect law and development by creating a framework within which the role of law in development may be better understood and perhaps even packaged as a kit to be recommended to governments as a way of advancing development. Over the years, thoughts on law and development have crystallised around various concepts such as economic growth, the rule of law, the empowerment of the poor and the growth of institutions. One thing that stands out clearly from these debates is that while there may be a measure of consensus around particular theses or propositions, unanimity among all thinkers, scholars and actors is not likely to follow, nor is it necessarily desirable. This paper draws out threads of thought that present various positions as facets of the law and development dynamic and at the same time, progressive points on the multi-dimensional development continuum. The first section on the progression of law and development summarises a number of themes at the forefront of law and development theorisation over the years. Reflections on these developments follow in the second segment, while a third segment describes various contexts for engaging with law and development studies. This segment, which leads into the conclusion, highlights some key dimensions of law and development thought that need to be further explored and given a place in the taxonomy of law and development scholarship.

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