DIKTUM: JURNAL SYARIAH DAN HUKUM
Vol 8 No 2 (2010): DIKTUM : JURNAL SYARIAH DAN HUKUM

PRODUK PEMIKIRAN HUKUM ISLAM DAN PROBLEMATIKANYA DI INDONESIA

Hannani Hannani (STAIN PAREPARE)



Article Info

Publish Date
22 Jul 2010

Abstract

This article studies the products of Islamic legal thought and their problems in Indonesia. The products of Islamic legal thought are the products of ijtihad of Islamic scholars (‘ulama) on Islamic laws concerning the activities (a’mal) of human beings. The primary sources of the products of Islamic legal thought are alquran and al-Hadits, while their secondary sources are logical reasoning (al-ra’yu). The application of the products of Islamic legal thought in Indonesia implicitly raises problems, yet explicitly it raises no problems as they are implemented in accordance with Indonesian constitution. Nevertheless, what escapes from our constitution is the criminal law (jinayat) that contains the punishment (hadd) such as cutting off hands for thieves. In this case, the practise of imprisoning the thieves is essentially in harmony with Islamic law.

Copyrights © 2010






Journal Info

Abbrev

diktum

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

Family in Law, Islamic Law, Islamic Jurisprudence Studies, Islamic Economy Law, Islamic Political Jurisprudence, Islamic Comparative Law and Islamic ...