Al Hikmah : Jurnal Studi Keislaman
Vol. 11 No. 1 (2021): AL HIKMAH

Peradilan Islam; Historisitas Konsep Alat Bukti dan Relevansinya dalam Penegakan Keadilan di Era Modern

Herfin Fahri (Institut Agama Islam Al Hikmah Tuban)



Article Info

Publish Date
13 Aug 2021

Abstract

The justice has been known since time immemorial because it is driven by the necessities of life and human events itself. It is impossible for a government in this world, whatever its form, will stand without upholding justice because there is no way a society can avoid conflict. Islamic law cannot be separated from the reality of people's life. Therefore, in society, a regulatory system is needed which is no other than the provisions contained in Islamic law, then its need a judicial institution which in Islam is called al-Qad}a>, which is an institution that is tasked with regulating problems that arise in. With changes in culture from time to time or life situations have changed and the rules continue to evolve. So it is very important to study the history of Islamic justice during the time of the Prophet and thereafter as well as the concept of evidence to seek the essence of truth, so that human rights are not neglected. Therefore, the extent to which the evidence for the Islamic judiciary period is compatible with the judiciary in the modern era (positive law); relevance, similarities and differences. This concept is none other than confession (iqra> r), bayyinah, and rejection of oaths (nuku>l qasa> mah). Keyword: Justice of Islam, the concept of evidence, The Justice.

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Journal Info

Abbrev

alhikmah

Publisher

Subject

Education Social Sciences

Description

Al Hikmah: Jurnal Studi Keislaman diterbitkan oleh Institut Agama Islam Al-Hikmah Tuban yang terbit sejak tahun 2011. Jurnal ini memuat kajian-kajian keislaman yang meliputi pendidikan Islam, sharî‘ah, pemikiran Islam, ekonomi, dan kajian Islam lainnya. Terbit dua kali setahun, yaitu bulan Maret ...