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All Journal Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial AS-SIYASI JOURNAL OF CONSTITUTIONAL LAW
Yuherlis, Neni
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Law, Crime, Criminology & Criminal Justice Social Sciences

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The Intensity of The Constitution According to Dustur Saudi Arabia Arlis, Arlis; Yuherlis, Neni
As-Siyasi: Journal of Constitutional Law Vol. 2 No. 2 (2022): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v2i2.15186

Abstract

Types of constitution in the perspective of Dustur Saudi Arabia is the main problem of the study. Article 1 of the Saudi Arabian State states that the State of Saudi Arabia is the daulah of Islamic Arabia, its religion is Islam, its constitution the Book of Allah Ta'ala and the Sunnah of His Messenger. The existing provisions show that the constitution according to Dustur Saudi Arabia is diverse, has dynamics and intensity. The purpose of the study is to uncover the intensity of the constitution. Normative legal research is used as a method with an approach to the substance and intensity of law. The results of the study revealed that the constitution according to Dustur Saudi Arabia has a great variety with superior intensity. The variety is Nizham Al-Asasi lil-Hukm, The Qur’an, the Sunnah, and the Median Constitution. This varieties have a very close and inseparable relationship. the al-Kitab is at the highest and strongest level, followed by the Sunnah, Dustur Medina, and Nizham Al-Asasi lil-Hukm. Saudi Arabia's dustur has an intensity that is in line with maqashid al-shari'ah which includes the protection of all aspects of world life and the hereafter. The novelty is the Book of Allah was the first and foremost written constitution in the world. The conclusion is that the intensity of the constitution according to the Dustur Saudi Arabia is very strong and highest level. The al-Kitab and the Sunnah are absolutely references in formulating, establishing, and implementing the constitution and all the rules.
Merekonstruksi Penelitian Hukum Menurut Konstitusi Ilahi Arlis, Arlis; Zulfan, Zulfan; Ushalli, Eskarni; Yuherlis, Neni; Hidayat, Rahmat
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 10, No 2 (2024)
Publisher : Syekh Ali Hasan Ahmad Addary State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v10i2.12387

Abstract

This study is situated within the context of developing an understanding of legal research based on religious principles within the framework of the divine constitution. The focus of this research is on the reconstruction of legal research according to religious teachings, emphasizing the relationship between law, Allah, the Prophet, and ulil amri. The aim of this study is to uncover and describe the reconstruction of legal research based on the divine constitution, and to formulate the principles that should guide legal research in accordance with religious teachings. The research method used is a normative legal approach with an intensity-based analysis, utilizing secondary data as the primary source of information. The findings of this study indicate that the reconstruction of legal research according to the divine constitution requires conducting research with sincerity, consistency, and adherence to the principles of Allah and the Prophet’s teachings. The solution to resolving disputes in legal research is to return to the divine sources. The concepts of iqra’ and fatabayyanu serve as foundations for avoiding ignorance in legal research. Legal research should be conducted with pure intent, based on valid evidence, and involve ijtihad, a method passed down by the Prophets and Apostles to the scholars. Those who are unable to engage in ijtihad must follow the muttabi’, and it is forbidden to become a muqallid.
Co-Authors . Zulfan Arlis, Arlis Rahmat Hidayat ushalli, eskarni