Claim Missing Document
Check
Articles

Found 2 Documents
Search
Journal : ALQALAM

IBN HAZM DAN MADZHAB AZH-ZHAHIRI Aripin, Jaenal
ALQALAM Vol 27 No 3 (2010): September - December 2010
Publisher : Center for Research and Community Service of UIN Sultan Maulana Hasanuddin Banten-Serang City-Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1963.823 KB) | DOI: 10.32678/alqalam.v27i3.1055

Abstract

Ibn Hazm (Abenhazam de Cordoba)'s thought has an important position in the study of Islamic law philosophy, especially dealing with his three main thoughts: differentiation between God and His creature dimensions, thoroughfulness of syari'a so that it is uncorrect to argue in the name of religion by using premises out of the texts, and the importance of language as a tool to understand the God's massages. Based on his thoughts, Ibn Hazm plays a unique position in the discourse of Islamic thoughts. On the one hand, his thoughts are philosophical, on the other hand, he is a textualistic and normative Zhahirianist. Hene, he is frequently called a philosopher who remains thinking normatively. Keywords: Literalisme, Mazhab, Ibnu Hazm, Azh-Zhahiri.
REFORMASI HUKUM DAN POSISI PERADILAN AGAMA DI INDONESIA JAENAL ARIPIN
Al Qalam Vol 26 No 1 (2009): January - April 2009
Publisher : Center for Research and Community Service of UIN Sultan Maulana Hasanuddin Banten-Serang City-Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1421.823 KB) | DOI: 10.32678/alqalam.v26i1.1513

Abstract

The Religious Court has changed in the way of the law paradigm change applied in Indonesia by applying the concept of separation of power, not distribution of power. Its status and position as the administrator of judicial power, has the independency at the moment because it is not under the executive power any longer. Its competence, has also changed with new competencies: syari'ah economy, the enactment of ancestry and adoption, and of hisab and rukyah. But the material law is not changed in either old or new competency. Because there is no change in law material, the judges perform not only as the law administrator but also as the law interpreter/ rechstvinding on law in book, law in concretto, and/or living law like in legal culture. This is meant that justice seekers will ftel the pure justice.