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Journal : Mazahib

PENEGAKAN HUKUM DALAM SYARI’AT ISLAM Pancasilawati, Abnan
Mazahib VOLUME 11, ISSUE 1, JUNE 2013
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (447.295 KB) | DOI: 10.21093/mj.v11i1.116

Abstract

Application of the rule of law at the beginning of Islam, in principle, in the hands of the Prophet, given the Qur'an as a guide and guide of human life. Being al-Hadith (Prophet's deeds) as explanatory of the Qur'an. Indeed the Prophet established the law is the law of God, because God ordered him to follow what they're told and leave what the Prophet prohibited. Principles of justice in Islam contains valuable concept. He is not synonymous with man-made justice. Humanism human fairness doctrine has alienated transcendental values and have glorified human beings as individuals, so that man becomes a central point. Speaking about the rule of law in Islam, the author tries to link it with the application of punishment in Islam, which is the concept discussed in the chapter jinayah fiqh.
UPAYA LEGITIMASI SYARI’AT ISLAM DALAM HUKUM NASIONAL (Dialektika Sejarah UUD 1945 dan Piagam Jakarta) Pancasilawati, Abnan
Mazahib VOLUME 4, ISSUE 2, DECEMBER 2007
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (290.3 KB) | DOI: 10.21093/mj.v4i2.504

Abstract

This article is to discuss the role of Islamic law in Indonesia. In particular, it will analyze the history of Jakarta Charter during the process of 1945 Constitution drafting. Jakarta Charter was a proposal from the subcommittee of the Investigating Committee for the Preparation of Indonesian Independence (BPUPKI) to resolve the controversies around Islam’s role in the state in 1945.  It proposed to add several additional words to the first principle of Pancasila “Belief in God,” namely “with the obligation for adherents of Islam to carry out Islamic law.”  This addition made reference to the enforcement of Islamic law in Indonesia.  The Jakarta Charter was intended to serve as the preamble of the 1945 Indonesian Constitution.  Yet, since it comprised the crucial phrase the concept of unity of newly established Indonesia, which is very pluralistic in nature, the Jakarta Charter was dropped from the preamble of the Constitution in 1945.