Indonesian Journal of Islamic Law (IJIL)
Vol. 3 No. 2 (2020): Indonesian Journal of Islamic Law

Contra Legem as a Solution in Resolving Gono-Gini Property Disputes in Religious Courts

Anggraini, Dewi (Unknown)
Hikmah, Nurul (Unknown)



Article Info

Publish Date
26 Dec 2020

Abstract

This research examines the application of the Contra Legem concept in resolving gono-gini property disputes in the Religious Courts. The main focus of this research is to evaluate the effectiveness of applying this concept in achieving substantive justice and increasing public trust in the religious justice system. Empirical data shows that judges who apply the Contra Legem concept succeed in reaching decisions that are fairer and more satisfying for the parties to the dispute. The theoretical support of the principles of ijtihad and maqasid al-shariah strengthens the relevance and effectiveness of these concepts in the context of modern Islamic law. This research also identifies the challenges faced in implementing this concept and provides recommendations for improving education and training for judges so that Islamic law can continue to develop and be responsive to social dynamics.

Copyrights © 2020






Journal Info

Abbrev

IJIL

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The Indonesian Journal of Islamic Law, a.k.a. IJIL (P-ISSN: 2085-627X, E-ISSN: 2615-7543), is published twice a year, in June and December, by the IJIL Research Centre of the Department of Islamic Family Law, Postgraduate Program, Universitas Islam Negeri Kiai Haji Achmad Siddiq Jember since 2019 ...