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All Journal Al Qalam: Jurnal Ilmiah Keagamaan dan Kemasyarakatan Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam Jurnal Ilmiah Ahwal Syakhshiyyah (JAS) International Journal of Social Science and Religion (IJSSR) Al-Manahij : Jurnal Kajian Hukum Islam el-Aqwal: Journal of Sharia and Comparative Law JAWI : Journal of Ahkam Wa Iqtishad Jurnal Akademika: Kajian Ilmu-Ilmu Sosial, Humaniora dan Agama
Agustar, Armi
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Religion Humanities Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : el-Aqwal: Journal of Sharia and Comparative Law

 1 
Review of Islamic Law and Positive Law: Regarding the Obligation to Comply with the Marriage Law Hilmi, Ismi Lathifatul; Agustar, Armi
Jurnal Syariah dan Hukum Komparatif Volume 2 Issue 2 (2023)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/el-aqwal.v2i2.7786

Abstract

This paper aims to examine the views of positive law and Islamic law on the obligation to comply with the Marriage Law. As it is known that Indonesia is a country that adheres to two laws, namely Islamic law and Positive law, then in taking a view of a provision must take into account these two aspects. This research will look at the need to obey the law under Islamic law and the positive, relevance of ijma’ to such obligations. This paper uses a normative legal approach that results in the obligation to comply with laws and regulations has been regulated in positive law, especially Article 27 paragraph (1) of the 1945 Constitution, and is also regulated in the Qur'an QS. An- Nisa verses 59 and 83, which are law-abiding as well as obeying ulil amri because state laws are formed by ulil amri and are the solution of the problems of the people using the approach of the text of revelation and publication, then it is ijma’ which is in accordance with the concept of ushul and the decision must be obeyed.
Perbedaan Syariah sebagai Wahyu dan Syariah sebagai Hasil Pemikiran pada Masyarakat Era Modernisasi Agustar, Armi
Jurnal Syariah dan Hukum Komparatif Volume 1 Issue 2 (2022)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (466.001 KB) | DOI: 10.24090/el-aqwal.v1i2.7105

Abstract

This research departs from the doubts of modern society, regarding sharia as revelation and sharia as a result of thought. The progress of modern society has resulted in major changes to the mindset and lifestyle, especially the understanding of sharia as revelation and sharia as a result of thought. This type of research is qualitative descriptive, with an interdisciplinary approach and utilizes comparative, vertical, horizontal and diagonal comparative analysis methods. The purpose of this study is to explain that the difference between sharia as revelation and sharia as a result of thought and the relationship between the two. The conclusion of the notion of sharia and revelation itself and the relationship between sharia texts and others. The definition of revelation in its form is the Qur'an and Hadith, while sharia is the result of people's thoughts or understanding of the revelations that are said (mujtahid). The results of the mujtahid's thoughts on the Qur'an and Hadith are the products of thoughts such as: Tafsir, ijtihad, fiqh, judges, fatwas, jurisprudence, and codification.
Co-Authors Amin, Muhammad Syamsul Arafah, Siti Arisman Aslati Aslati Aslati Fauzi Ahmad Muda Hendri K, Hendri Hilmi, Ismi Lathifatul Mochammad Novendri S Mutasir Nurcahaya Nurcahaya, Nurcahaya Rangkuti, Muhammad Yusuf Silawati Silawati Silawati Zein, Anwar Zikri, Ahmad