Al-Risalah : Jurnal Imu Syariah dan Hukum
VOLUME 20 NO 1, MEI (2020)

SYARI'AH : ANTARA HUKUM DAN MORAL

Nur Taufik Sanusi (Unknown)



Article Info

Publish Date
13 Sep 2020

Abstract

The case of "Mr. Shaw "has generated a long debate about the existence of morals in law. This incident has sparked a long debate about Law and Morals. Law and Moral are two inseparable poles in the study of Islamic law, in contrast to the West which separates the two. According to Coulson, in the view of Islamic society, religious law and morality are often combined in the general philosophy of life. Actually there is a compulsion to obey morals as well as the obligation to carry out the law. But on the other hand, Coulson only pays attention to the lesser role played by the courts in carrying out Islamic (moral) behavior. For courts, there is a difference between legally enforceable regulations and morally desirable ones. The difference between Hanafi formalists and Hanbali moralists can be noted in the matter of legal trickery (Hiyal). According to Coulson Hiyal in this case it is not the same as hiyal which is known in the history of British law where the law is considered to exist from a contrived situation to be used as a procedural basis for the examination at hand, but in Islam, hiyal is truly legal trickery by the overt intention of avoiding the established thing from real law

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Journal Info

Abbrev

al_risalah

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

The journal Al-Risalah contains works whose material focuses on the results of research and thoughts related to the development of scientific disciplines, both sharia and legal disciplines in general. Also works covering thoughts that integrate religious disciplines (sharia) and legal disciplines in ...