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All Journal Jurnal Media Hukum Jurnal Hukum IUS QUIA IUSTUM
Muhammad Alim
Mahkamah Konstitusi Republik Indonesia
Law, Crime, Criminology & Criminal Justice

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ASAS-ASAS HUKUM MODERN DALAM HUKUM ISLAM Muhammad Alim
Jurnal Media Hukum Vol 17, No 1 (2010)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v17i1.373

Abstract

The legal principle is important because it is the truth which is used as a base of thinking and reasoning, especially in the law enforcement and implementation. The principle of law is the most important subsystem of one system of law and legal principle. The principle ranks above the rule system. It is not only because the principle of the law is more universal in character, but also because it reflects the values and cultural message which should be embodied in the rule of law. Theprinciple of law may be cited as the basis or reason for the formation of a rule of law or is a ratio legis of legal rule that contains the values, spirit, ideas of social or ethical views to be established. In the view of Islam, as mention in the Quran, Islam is a complete and perfect teachings. Completeness and perfection is spoken by Allah Almighty in the Quran sura Al Maaidah/5: 3. Although the rule of Allah in the teaching of Islam is perfect, the principle of Islamic law which is still considered legal principles derived from western scientific thought.Keywords: Modern Islamic Principles of Law, The legal principle, the law enforcement.
Perda Bernuansa Syariah Dan Hubungannya Dengan Konstitusi Muhammad Alim
Jurnal Hukum IUS QUIA IUSTUM Vol. 17 No. 1 (2010)
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol17.iss1.art6

Abstract

Legal history found that the practice of judicial review has been long recognized in the Muslim community starting the period of the propthet Muhammad Rasullah Saw hundreds years ago long before Justice John Marshall of the United States of America’s Supreme Court in 1803 made a decision for a constitutional case ‘writ of mandamus’ filed by Marbury. The US Supreme Court declared the Judiciary Act 1789 was against the Article II Section of 2 of the US Constitution. The propthe Muhammad saw was remined by Allah SWT for his statement that over the prophtet ojection to use honey as medicine was against the holly Quran. The holly Quran is the hightest-ranked sources of law in Islam. In term of the Perda Syariah should be no objection as long it is line with the holy Quran and no doubt the Perda should also considered in line with the 1945 ConstituionKey words : Islamic law created by local government
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