Asy Syar'iyyah: Jurnal Ilmu Syari'ah dan Perbankan Islam
Vol. 6 No. 1 (2021): Asy-Syar'iyyah Juni 2021

Subjek Hukum dan Objek Hukum: Sebuah Tinjauan Hukum Islam, Pidana dan Perdata

Witro, Doli (Unknown)
Rasidin, Mhd. (Unknown)
Nurjaman, Muhamad Izazi (Unknown)



Article Info

Publish Date
28 Jun 2021

Abstract

When discussing syara’ law, it is always bound by four things, namely al-Hakim, law, mahkumalaih, and mahkumfih. In various legal studies, there are various views in determining that a person can be subject to law, or in other words, capable of law. In essence, everyone is a good bearer, that is, someone who has rights and obligations. Rights bearers are also known as legal subjects. The term legal subject in the discipline of Islamic law is mentioned as mahkumalaih. If there is a legal subject, it will always go hand in hand with a legal object. In the discipline of Islamic law, the object of the law is also called mahkumfih. This article aims to discuss mahkumalaih and mahkumfih in the discipline of Islamic law. The study uses a qualitative approach that is a literature review. The materials for this article were obtained from books, journals, and internet websites related, namely mahkumalaih, and mahkumfih. The data analysis techniques used were data presentation, data reduction, and conclusion drawing. The findings showed that mahkumfih is a legal object or is interpreted as an act of mukallaf based on Allah and the Prophet’s command. In the discussion of legal objects, it cannot be separated from the legal subject. In ushulfiqh the subject of law is called mahkumalaih.

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Journal Info

Abbrev

asy

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Asy-Syar’iyyah specializes in sharia, Islamic law, family law, muamalah (Islamic economic law), Islamic economics, Islamic finance, Islamic accounting, and Islamic banking and is intended to communicate original research and current issues on the subject. This journal warmly welcomes contributions ...