Karim, Firmansyah Abdul
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The Islamic Law-based design of regional head post-filling Siboy, Ahmad; Permadi, Iwan; Karim, Zahlul Pasha; Karim, Firmansyah Abdul
Legality : Jurnal Ilmiah Hukum Vol. 32 No. 1 (2024): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v32i1.31261

Abstract

This research aims to elaborate on the standing of Islamic law regarding regional head post-filling and how this post-filling is designed to conform with the principle of Islamic law. This research employed mixed methods and statutory, conceptual, case, and normative-theological approaches. The research results reveal that Islam holds the principles that can be adopted into the constructions of the national law in the matter of regional head post-filling. In the time to come, this post-filling should conform to the principle of al muhafadhotu ala qodimis sholih wal akhdzu bil jadidil ashlah, in which this post-filling should refer to the applicable model coupled with the development of this model with an asymmetric post-filling system. With this approach, areas with direct regional head elections will face reduction. Consequently, the areas not eligible to establish direct elections should consider another election model.