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All Journal Syiar Hukum: Jurnal Ilmu Hukum JURNAL IQTISAD: Reconstruction of Justice and Welfare for Indonesia
Syafei', Rachmat
UIN Suna Gunung Djati Bandung
Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Asas Retroaktif dalam Perspektif Hukum Islam Rachmat Syafe'i
Syiar Hukum Volume 12, No 1 (2010) : Syiar Hukum : Jurnal Ilmu Hukum
Publisher : Fakultas Hukum, Universitas Islam Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29313/sh.v12i1.626

Abstract

The application of Criminal Law is based on the principle of legality.  As a result, a person may not be prosecuted under Criminal Law that has not been previously  published.  However, Act Number 26 of 2000 on Human Rights Trial recognises the application of the principle of retroactivity to an act which is classified as a gross violation against human rights. This paper will examine the principle of retroactivity under Islamic Law.  According to Islamic Law, the principle of retroactivity may be applied if it is based on the principle of justice and public order, and in establishing public order it should be accordance with the rules and spirit of syari’ah.  The writer is of the opinion that for resolving a serious crime or violence in the past, it is better to use reconciliation approach as the application of the principle of retroactivity to crimes in past will have difficulties in finding legal evidence
‘Urf sebagai Metode Penentuan Hukum dalam Bisnis Syari’ah Ahmad Lukman Nugraha; Rachmat Syafe’i; Moh. Fauzan Januri
Jurnal Iqtisad Vol 8, No 2 (2021): Jurnal Iqtisad
Publisher : Universitas Wahid Hasyim Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31942/iq.v8i2.5693

Abstract

Abstract This paper aims to define 'urf and its foundations in the Qur'an and Hadith as well as the implementation of the 'urf method in islamic business. The research method used in this paper is qualitative with a normative juridical approach. The findings in this paper are that the Qur'an and hadith underlie the use of 'urf as a islamic business solution which certainly does not conflict with existing texts. 'Urf is often applied in sharia business through aspects of business transactions, profit taking from sellers of goods and services, and determination of wages. 'Urf can be applied in sharia business with several conditions, namely; 1) The business tradition does not conflict with the texts, (2) the business tradition is long-term, (3) the business tradition is known to the general public, (4) the business tradition is innovative according to space and time.
Co-Authors Ahmad Lukman Nugraha Dede Abdurohman Moh. Fauzan Januri Mustafa Mustafa