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All Journal MUSLIM HERITAGE: JURNAL DIALOG ISLAM DENGAN REALITAS Al-Maslahah Supremasi Hukum: Jurnal Kajian Ilmu Hukum
Chabiba, Omiga
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Religion Arts Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Al-Maslahah

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WITNESSES OF DIFFABLE IN COURT BASED ON THE CONCEPT OF AHLIYAH IN ISLAM Maulana, Diky Faqih; Chabiba, Omiga; Rozak, Abdul
Al-Maslahah : Jurnal Ilmu Syariah Vol 19, No 2 (2023)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v19i2.1884

Abstract

This paper discusses the position of disabilities as witnesses in court. Where the requirements for a person to become a legal subject have legal competence and are considered mature. The concept of proficiency in Islam states that disability can be positioned as a barrier to proficiency, but it is different from Indonesian law which states that disability is a legal subject. This research is a qualitative research which is literature study. The results showed that the disability condition does not result in a loss of position as a legal subject as long as it does not involve limitations in testifying in court. Disability witnesses can be accepted if it meets the requirements as a legal subject. Disability witnesses also needs to be adjusted according to their abilities. However, if a doctor or psychiatrist considers matters regarding the weak ability of a person with a disability, the district court has the right to determine a person with a legal disability.
Co-Authors Abdul Rozak Maulana, Diky Faqih Sa'diyah, Diana Lailatus