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All Journal BILANCIA DIKTUM: JURNAL SYARIAH DAN HUKUM Bilancia : Jurnal Studi Ilmu Syariah dan Hukum
Sofyan
UIN Alauddin Makassar
Religion Humanities Law, Crime, Criminology & Criminal Justice

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HARMONISASI SYARI’AT DAN HAKIKAT DALAM PENERAPAN HUKUM ISLAM DI INDONESIA: KAJIAN FALSAFAH TASYRI Hisbullah Hisbullah; Hanaping; Misbahuddin; Sabri Samin; Andi Moh. Rezki Darma; Mulham Jaki; Sofyan
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 16 No. 2 (2022): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v16i2.1361

Abstract

Shari'ah and Hakikah are two sciences in Islam that are seen as conflicting sciences. The science of Shari'ah which is oriented to the deeds of human birth and the science of hakikah oriented to the inner deeds of man. Both tend to be viewed differently in their practice. However, if understood and explored, the two sciences have a very close relationship and cannot be separated from practice. Man consisting of both lahiriyah and batiniyah elements desperately need both knowledge to achieve the goal of human creation, namely worship and worship God. The science of Shari'ah as a form of embodiment of human slavery through concrete behavior, while the science of nature as the embodiment of human slavery through abstract and only known emotional and inner activities of the individual who does it. Through the fusion of shari'ah and hakikah, the application of Islamic law can be enforced in a mannered manner with law enforcement through a method of gentle approach or upholding ihsan. The enforcement of Islamic law with ihsan has been enforced since the time of the Prophet Muhammad (peace be upon him), enforcement in a polite manner is expected to uphold the sharia law of Islam to all human beings around the world without any violence and compulsion.
Hakim Peradilan Agama: Refleksi Sistem Pengangkatan dan Pelaksana Kekuasaan Kehakiman di Indonesia Arif Rahman; Sofyan; Mulham Jaki Asti
DIKTUM: Jurnal Syariah dan Hukum Vol 20 No 1 (2022): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (478.831 KB) | DOI: 10.35905/diktum.v20i1.2780

Abstract

The Religious Courts are law enforcement institutions in Indonesia that cannot be separated from the existence of judges as executor and organizer of judicial power. In essence, religious court judges are appointed as state officials, consciously attaching cumulative conditions as mandated in Article 13 of Law Number 50 of 2009 concerning Religious Courts. The position of judges in carrying out their duties, functions and roles must really be able to actualize and apply the noble values ​​contained in the precepts of Pancasila and the 1945 Constitution as the constitutional basis for receiving, examining, adjudicating, and completing attribution authority. and its main distribution within the religious courts. The logical consequence of judicial power which is the responsibility of judges in religious courts cannot be denied by various problems and challenges both internally including the status of judge appointments, the judicial system, education and knowledge of judges, morality, and the welfare of judges. As well as externally which includes community participation, independence of judges, and a supervisory system.
HARMONISASI SYARI’AT DAN HAKIKAT DALAM PENERAPAN HUKUM ISLAM DI INDONESIA: KAJIAN FALSAFAH TASYRI Hisbullah Hisbullah; Hanaping; Misbahuddin; Sabri Samin; Andi Moh. Rezki Darma; Mulham Jaki; Sofyan
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 16 No. 2 (2022): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v16i2.1361

Abstract

Shari'ah and Hakikah are two sciences in Islam that are seen as conflicting sciences. The science of Shari'ah which is oriented to the deeds of human birth and the science of hakikah oriented to the inner deeds of man. Both tend to be viewed differently in their practice. However, if understood and explored, the two sciences have a very close relationship and cannot be separated from practice. Man consisting of both lahiriyah and batiniyah elements desperately need both knowledge to achieve the goal of human creation, namely worship and worship God. The science of Shari'ah as a form of embodiment of human slavery through concrete behavior, while the science of nature as the embodiment of human slavery through abstract and only known emotional and inner activities of the individual who does it. Through the fusion of shari'ah and hakikah, the application of Islamic law can be enforced in a mannered manner with law enforcement through a method of gentle approach or upholding ihsan. The enforcement of Islamic law with ihsan has been enforced since the time of the Prophet Muhammad (peace be upon him), enforcement in a polite manner is expected to uphold the sharia law of Islam to all human beings around the world without any violence and compulsion.
Co-Authors Andi Moh. Rezki Darma Hanaping Hisbullah Hisbullah Misbahuddin Mulham Jaki Mulham Jaki Asti Samin, Sabri Solly Aryza