AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab
Vol 2 No 5 (2023): AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab

Persaksian Non-Muslim dalam Tinjauan Fikih Peradilan

Nur Shaliha (Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar, Indonesia)
Rosmita Rosmita (Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar, Indonesia)
Zulfiah Sam (Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar, Indonesia)



Article Info

Publish Date
29 Nov 2023

Abstract

This research aims to determine the position of non-Muslims as witnesses in judicial jurisprudence reviews, as well as the validity of non-Muslim testimony in judicial jurisprudence reviews. This research uses library research, which focuses on the study of manuscripts and texts, using a normative approach and a conceptual approach. The results of the research are as follows: first, the position of non-Muslims as witnesses in judicial jurisprudence, namely, the jurists are of the opinion that non-Muslim witnesses cannot be used as witnesses because the witnesses are not people who meet the requirements. The reason the jurists do not justify the presence of non-Muslim witnesses is because of religious differences and a non-Muslim is not a just person and is often characterized as wicked. Non-Muslims are also considered not to be from groups that are pleased with Muslims. Meanwhile, according to Islamic law, the testimony of non-Muslims cannot be used as a witness because testimony is a matter of power, whereas non-Muslims are not people who have power over Muslims. However, due to differences of opinion among the ulama regarding the testimony of non-Muslims, there are a minority of ulama who accept the testimony of non-Muslims on the grounds of emergency, namely making a will while traveling. Second, the validity of non-Muslim testimony in judicial jurisprudence, namely Imam Syafi'i and Imam Malik are of the opinion that non-Muslims cannot be witnesses against Muslims and their testimony is not accepted absolutely. Meanwhile, Imam Hanafi and Imam Ibn Hanbal allow the testimony of non-Muslims against Muslims in testamentary cases while on pilgrimage. Ibnu Qayyim al-Jauziyah stated that the rejection of non-Muslim witnesses must be reviewed in the era of globalization where currently people live together, non-Muslim testimony can be accepted in emergency matters that are desired, both in travel and residence situations.

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Journal Info

Abbrev

qiblah

Publisher

Subject

Religion

Description

AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab adalah jurnal ilmiah bagi mahasiswa/mahasiswi di lingkungan Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar yang diterbitkan oleh Pusat Penelitian dan Pengabdian Masyarakat (P3M) STIBA Makassar. AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab ...