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The Perceptions and Tendencies of Judges Religious Court In Using the Kitab Kuning (Books of Fiqh) in Indonesia Aris Irawan; Fitri Wahyuni; Reza Hanifa; Asneliwarni; Rias Wita Suryani
Tribakti: Jurnal Pemikiran Keislaman Vol. 33 No. 2 (2022): Tribakti: Jurnal Pemikiran Keislaman
Publisher : Universitas Islam Tribakti (UIT) Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/tribakti.v33i2.2030

Abstract

This research investigates the judges’ perception and tendency to refer to the Books of Fiqh (Kitab Kuning). This research focuses on sharia economic dispute settlement in Indonesian religious courts. The research method used combines normative legal and empirical socio-legal research. The results found that the perception and tendency of judges towards several sources of legal rules in assessing, weighing, and deciding a sharia economic case in the Indonesian Religious Courts, did not always rely on one KHES as a material source. In Indonesian law, judges cannot use only one source in resolving sharia economic disputes, such as the Book of Fiqh (Kitab Kuning) only. However, it is an equally important combination, and it can be seen from several decisions of the Religious Courts in Indonesia.
The Perceptions and Tendencies of Judges Religious Court In Using the Kitab Kuning (Books of Fiqh) in Indonesia Aris Irawan; Fitri Wahyuni; Reza Hanifa; Asneliwarni; Rias Wita Suryani
Tribakti: Jurnal Pemikiran Keislaman Vol. 33 No. 2 (2022): Tribakti: Jurnal Pemikiran Keislaman
Publisher : Universitas Islam Tribakti (UIT) Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/tribakti.v33i2.2030

Abstract

This research investigates the judges’ perception and tendency to refer to the Books of Fiqh (Kitab Kuning). This research focuses on sharia economic dispute settlement in Indonesian religious courts. The research method used combines normative legal and empirical socio-legal research. The results found that the perception and tendency of judges towards several sources of legal rules in assessing, weighing, and deciding a sharia economic case in the Indonesian Religious Courts, did not always rely on one KHES as a material source. In Indonesian law, judges cannot use only one source in resolving sharia economic disputes, such as the Book of Fiqh (Kitab Kuning) only. However, it is an equally important combination, and it can be seen from several decisions of the Religious Courts in Indonesia.
Co-Authors Aris Irawan Fitri Wahyuni Reza Hanifa Rias Wita Suryani