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Azmi Sirajuddin
STAIN Jurai Siwo Metro
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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MODEL PENEMUAN HUKUM DENGAN METODE MAQASHID SYARIAH SEBAGAI JIWA FLEKSIBELITAS HUKUM ISLAM Azmi Sirajuddin
Istinbath : Jurnal Hukum Vol 13 No 1 (2016): Istinbath Jurnal Hukum
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (404.223 KB)

Abstract

Finding the law in the Islamic law by Maqashid Syariah Method as a soul of Islamic law flexibility is very important and urgent in social life especially in a moslem society and it is one of way to be the best in stepping forward and progressing for a muslim country toward a moslem society and a moslem citizen in order to get a victory and a progress in facing many cases in this modern living and to get the best foundation in finding a new formula in an Islamic law and a new soul as the method in understanding and finding a new formula in solving many life problems especially in economic challengers for moslem society where and whenever they are. This is a big problem for a moslem intellectual to sharing their knowledge and science in getting new formulas in Islamic law for helping muslim’s problems and cases either social’s cases or nation’s cases to set up and build up something different with other cases of other religions. Islamic law is different from other laws as Josep Schract said: Islam is the religion of law and Christian is the religion of theology. At the present to solve the economic problems belong to muslim’s problem either in their life inside social climate or in board religious affair that those problems in economy can be solved by maqashid syariah as the excellent method in finding a new formula in Islamic law as Allah’s gracious toward His Ummah. The conflict theory is a method which is always true and exist in social life and social climate as Allah’s grant toward His Worshippers in this world. So this theory gives functions as the result of human’s life in facing many problems and cases. Human life must be exist and stand to continue their life in this world. In this case, the judges must be able to form a new law based on the maqashid syariah.
IMPLEMENTASI HUKUM DALAM PERSFEKTIF PERILAKU MASYARAKAT Azmi Sirajuddin
Istinbath : Jurnal Hukum Vol 14 No 2 (2017): Istinbath Jurnal Hukum
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (397.001 KB) | DOI: 10.32332/istinbath.v14i2.949

Abstract

Abstract Implementation of law is the most useful for a nation and a state in a country thas has powerfull of protecting its people to do better and the best in their attitudes and behaviors when they live and do everything in order to have good connection among society in the social climate. Having understood in law is one thing to do every action based on the law either God’s law or state’s law. The functions of law are to control the human’action, to change the situation to better situation and to give justice and prosperious for people in a country. No one to disturb and make noisy till one has good condition by obeying law that is created by God and Human (Indonesian Legislative Assembly in Indonesian Contects). By knowing and obeying law, person will get safety when they go and live. Law means regulations that manage human to surrender to that law that is created by God and Human (state). In Islamic law, law is consist of five principles, wajib (compulsory), not allowed (haram), allowed (sunnah), hate (makruh), and mubah. All those fungtions of the law always protect us/human from demage, poverty, and crime. Law is as a soul for every human and too law is as a foundation for a country to protect its people from demage, povery, and crime. Law gives freedom to do by the condition obey to the law. Who breaks the law must be funished either by low funishment or hard funishment till go to a jail to be responsible what they have done. Key word: Implementation, law, persfektive, human’s behaviors in society
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