Ius Civile: Refleksi Penegakan Hukum dan Keadilan
Vol 2, No 2 (2018): Oktober

KODIFIKASI HUKUM ISLAM DI INDONESIA DALAM PERSPEKTIF KEPASTIAN HUKUM

Eza Aulia (Fakultas Ilmu Sosial dan Politik, Universitas Teuku Umar)
Dara Quthni Effida (Fakultas Ilmu Sosial dan Politik, Universitas Teuku Umar)



Article Info

Publish Date
25 Apr 2019

Abstract

The idea of Islamic law codification aims to provide clear limits on the law so that it is easy to be socialized in the midst of the community and to help the judge in referring to which law he will apply to the case faced without having to do ijtihad again. The problem in this research is how is the Islamic law codification system applied in Indonesia and how is the codification of Islamic law seen from the aspect of legal certainty that exists in Indonesia. The result of this study is the Islamic law codification system in Indonesia pursued through the path of Islamic law compilation sourced from Impres No. 1/1991, besides that the Islamic law which has become a positive law today is related to private law, namely ubudiyah and muamalah. Whereas those related to public law are still the idealized law. Islamic law codification will certainly be able to guarantee the values of legal certainty for the entire community,because it is appropriate that Indonesia has its own legal style that is independent of the legal culture of colonial heritage. So that the codification can serve as a legal reform and as a solution to cover the legal vacuum Keywords : Islamic Law Codification, Legal Certainty.

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Journal Info

Abbrev

jcivile

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Ius Civile intents to publish issues on law studies and practices in Indonesia covering several topics related to International Law, Environmental Law, Criminal Law, Private Law, Islamic Law, Agrarian Law, Administrative Law, Criminal Procedural Law, Commercial Law, Constitutional Law, Human ...