scholarly journals Memahami Hakikat Hukum Islam

2019 ◽  
Vol 11 (2) ◽  
pp. 231-248
Author(s):  
Muhmmad Ahsan
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Legal Systems ◽  
Basic Principles ◽  
Human Relationships ◽  
Overall Justice ◽  
Different Characteristics

Islamic law is the legal system based of Islamic teachings. To understand the meaning of Islamic law, necessary to understand the terms associated with Islamic law: the sharia, fiqh, usul fiqh, and Islamic law itself. The Sources of Islamic law are the Qur'an and Sunnah which iquipped with the ratio used to perform ijtihad. In general, there are two scopes of Islamic law, i.e. ibadah (worship) and muamalah. The worship regulates human relationships with his God, while the muamalah regulates human relationships with one another. Islamic law has different characteristics from other legal systems. Among of these characteristics is a perfect, elastic, universal, dynamic, systematic, and ta'aqquli- ta'abbudi. Islamic law has some basic principles too, such as not to burden, defined in stages, and consider the welfare and overall justice.

scholarly journals BATAS-BATAS KONSTITUSIONAL HUKUM ISLAM DALAM HUKUM NASIONAL

2020 ◽  
Vol 8 (1) ◽  
pp. 12-22
Author(s):  
Muhamadun Muhamadun
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Legal Framework ◽  
Customary Law ◽  
Collective Agreement ◽  
Legal Systems ◽  
Value System ◽  
Basic Principles ◽  
Law System

Indonesia is known as a country with a mixed legal system. The legal system currently in effect is dominated by three major legal systems, namely the Western legal system, the customary law system and the Islamic legal system. The basic rules that serve as guidelines and guidelines for citizens are extracted from the value system. This value system is expressed in the form of "collective agreement". This form of collective agreement is translated into the five basic principles of having a state, namely Pancasila. Within these limitations, there are gaps in applying Islamic teachings, which are limited to their substantive value. This study wants to explain why Islamic law cannot be used as the basis of the constitution and the extent to which the limitations are allowed in applying Islamic teachings as the teachings of the majority of Indonesian citizens. In responding to the issues surrounding the application of Islamic law in Indonesia, the discussion will focus on the concept of the constitution, sources of national law, and the form of the Muslim community's strategy in an effort to apply Islamic law within the national legal framework. 

scholarly journals PERBANDINGAN SISTEM HUKUM COMMON LAW, CIVIL LAW DAN ISLAMIC LAW DALAM PERSPEKTIF SEJARAH DAN KARAKTERISTIK BERPIKIR

2018 ◽  
Vol 25 (1) ◽  
pp. 98
Author(s):  
Farihan Aulia ◽  
Sholahuddin Al-Fatih
Keyword(s):  
Legal System ◽  
Legal History ◽  
Islamic Law ◽  
Common Law ◽  
Legal Systems ◽  
Legal Tradition ◽  
History Of ◽  
Legal Thinking ◽  
Anglo American ◽  
The Comparative Study

The legal system or commonly referred to as the legal tradition, has a wealth of scientific treasures that can be examined in more depth through a holistic and comprehensive comparative process. Exactly, the comparison of the legal system must accommodate at least three legal systems that are widely used by countries in the world today. The three legal systems are the Continental European legal system, Anglo American and Islamic Law. The comparative study of the three types of legal systems found that the history of the Continental European legal system is divided into 6 phases, while Anglo American legal history began in the feudalistic era of England until it developed into America and continues to be studied until now. Meanwhile, the history of Islamic law is divided into 5 phases, starting from the Phase of the Prophet Muhammad to the Resurrection Phase (19th century until nowadays). In addition to history, the authors find that the Continental European legal system has the characteristic of anti-formalism thinking, while the Anglo American legal thinking characteristic tends to be formalism and is based on a relatively primitive mindset. While the thinking character of Islamic Law is much influenced by the thought of the fuqoha (fiqh experts) in determining the law to solve a problem, so relatively dynamic and moderate.

scholarly journals EKSISTENSI HUKUM ISLAM DAN HUKUM ADAT DALAM SISTEM HUKUM NASIONAL

2017 ◽  
Vol 14 (2) ◽  
Author(s):  
Abdurrahman Konoras
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Customary Law ◽  
Legal Systems ◽  
Left Behind ◽  
National Legal System

Islamic Law and Customary Law is part of the national legal system in addition to some other legal systems that also give meaning and role. But as a system and legal system, Islamic Law and Customary Law show a clear separation.Thus, both are standing alone and independent. The continuing development of both shows which of them can continue to exist and which of them is increasingly left behind or even reduced in terms of role.

Classification of Contractual Agreements in Comparative and Islamic Jurisdictions: Does it Make Any Sense?

2013 ◽  
Vol 27 (3) ◽  
pp. 203-229
Author(s):  
Mahmoud Fayyad
Keyword(s):  
General Theory ◽  
Legal System ◽  
Islamic Law ◽  
External Action ◽  
Legal Systems ◽  
The Real ◽  
Subjective Approach ◽  
Objective Theory ◽  
Contractual Agreements

Abstract Comparative legal systems differ in the organization of the manifestation of parties’ expressions when making legal transactions where an external action does not reflect the real intention of this party. Most jurisdictions, including Islamic law, follow the objective theory of agreements while the Conterminal legal system adopts the subjective approach. Despite the fact that many scholars spent much efforts to clarify this classification, the importance of this classification may be modest; these legal systems organize some basic doctrines, with regard to the formation of a contract (namely: the revocability of offer, the need for communication of acceptance and the rules of interoperation), in a manner that may contradict with its general theory of making agreement. In other words, the organization of these doctrines has very little significant differences in result between these legal systems. Islamic law has the same result as well. This article aims at explaining these doctrines and differences.

Islamic Law in a National Legal System: A Study on the Implementation of Shari'ah in Aceh, Indonesia

2008 ◽  
Vol 3 ◽  
pp. 1-26 ◽  
Author(s):  
Hasnil Basri Siregar
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Islamic Law ◽  
Central Government ◽  
National Policy ◽  
Legal Pluralism ◽  
National Government ◽  
Human Relationships ◽  
System A ◽  
National Legal System

AbstractThe implementation of shari'ah (Islamic law) in the province of Aceh in Indonesia was the consequence of a national policy of legal pluralism, effected in 2001 when the national government decided to give a special status and wide autonomy to this region. However, certain problems have arisen. One of these is whether the Islamic courts of justice have been conferred competence to deal with Islamic criminal law and if so, which judicial institution should deal with the matter. Another is the meaning and scope of mu'amalat law (the law dealing with human relationships). It also appears that the central government has permitted shari'ah to be implemented for political reasons.

scholarly journals The relationship between the Islamic legal system Sharia and European continental law

2020 ◽  
Vol 68 (1) ◽  
Author(s):  
Adrián Csajka-Vándor
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Judicial System ◽  
Legal Systems ◽  
The Relationship

The study examines the essential differences between European legal systems and the Islamic legal system, the Sharia. It points out the differences between secular and religious legal systems, the differences of evaluating and judging crimes and punishments, the judicial system of Islamic law and the sanctions it offers.

The Influences of Common Law on the Brazilian New Code of Civil Procedure

2018 ◽  
Vol 46 (3) ◽  
pp. 176-180
Author(s):  
Lucas Alves Edmundo Gomes
Keyword(s):  
Legal System ◽  
English Language ◽  
Islamic Law ◽  
Common Law ◽  
Civil Law ◽  
Civil Procedure ◽  
The Other ◽  
Legal Systems ◽  
Other Hand ◽  
The World

AbstractMost legal scholars assume that there are only two “families” of legal systems in the world: common law and civil law. Briefly, common law is applied in all countries that speak the English language and has its origination from the “habits of society.” On the other hand, civil law is applied just about everywhere else, with a few exceptions, such as in tribal law areas, jurisdictions that follow Islamic law, and a few other smaller legal systems. Brazil's New Code of Civil Procedure was promulgated in 2015 and brought innovations to Brazilian law. Elements of common law were incorporated into the Brazilian legal system, particularly that of using precedent. The application of common law elements in Brazilian law is being studied by various legal specialists. This present study explains how common law can be applied in civil law jurisdictions, similar to the way it is being adapted and applied in Brazil.

scholarly journals Comparison Of Legal System: Islamic Law System, Civil Law, and Common Law

2018 ◽  
Vol 5 (2-1) ◽  
Author(s):  
Asasriwarnia Asasriwarnia ◽  
M. Jandra
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Human Life ◽  
Common Law ◽  
Civil Law ◽  
Legal Systems ◽  
Law System ◽  
Legal Method ◽  
History Of ◽  
Wide Definition

This paper will discuss the comparison of Islamic legal system, civil law, and common law. Knowing the comparison is important. This method is very appropriate considering that the legal system has its own character and scope. The questions of this study are: (1) how is the comparison concept of legal systems; (2) how was the comparison of legal systems’ source; (3) how was the comparison of its history and (4) the comparative material of law content. The purpose of this study is to reveal the concepts of legal systems comparison; the comparison of its source, history and the material comparison of law system’s content. This study use normative legal method. The results of this study are: (1) the concept of legal system comparison is defined by the similarities and difference on the collection of law elements. The needs of legal systems comparison are grouped into scientific needs and practical needs; (2) the comparison of legal system source is that the source of Islamic legal system, civil law, and common law has similarity in the effort of legal discovery. (3) The comparison of the history of legal system have similarities in growth and development influenced by the traditions of human life from one generation to the next generation in wide definition. (4) Comparison of the content of law system have similarities that all aspects of human life is generally regulated by law. In this context Islamic law is comprehensively regulate various aspects of human life including the relationship with the universe, the Lord and the hereafter.

scholarly journals مصادر قانون بطور سند

2020 ◽  
Vol 37 (- 2) ◽  
pp. 1-27
Author(s):  
Dr. Habib ur Rehman Habib ◽  
Prof. Dr. Rashad Ahmad Saljoq
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Roman Law ◽  
Legal Systems ◽  
Legal Tradition ◽  
Secondary Sources ◽  
Basic Source ◽  
The Law ◽  
Western Law

Validity of the law depends on its derivation from legitimate sources. The term ‘source’ denotes the norm that validates a law. Western law is based on western legal tradition which is deeply rooted in Roman law and Bible. Statutes is one of the basic source of western law, however, constitution is superior source of western legal system. The sources of Islamic law, unlike to western legal system, are basically divided into primary and secondary sources. This study aims to compare the authority of sources of legal systems, Islam and western, and analyze the objections of orientalists on Islamic law and its sources.

GlobaLex: A Unique and Valuable Tool for Foreign, Comparative, and International Law Research

2006 ◽  
Vol 34 (3) ◽  
pp. 473-482 ◽  
Author(s):  
Heidi Frostestad Kuehl
Keyword(s):  
International Law ◽  
Legal System ◽  
International Research ◽  
Islamic Law ◽  
International Agreements ◽  
Research Articles ◽  
Legal Systems ◽  
Law Schools ◽  
Online Resource

How do I find Romanian statutes and cases in English? How might I better understand treaty research and use of travaux préparatoires, find available online and print resources for international agreements, and obtain a cogent overview of this topic? What sources might be helpful for researching religious legal systems, such as Hindu, Buddhist, or Islamic law? Where can I find a description of the legal system of Belarus? As U.S. law schools are becoming increasingly global in their scope and preparation of students and LLM programs abound, law librarians will more frequently encounter foreign, comparative, and international law reference questions like the above. In addition, if a reference librarian does not have a background or exposure to foreign, comparative, and international research or if there isn't a foreign and international law librarian at the institution, reliance on available online reference sources, such as research guides, and traditional reference works in foreign and international law will be essential. One excellent online resource that provides research guidance in the areas of foreign, comparative, and international law and has an authoritative and fascinating portal of research articles is GlobaLex.

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