Jurnal Hukum IUS QUIA IUSTUM
Vol. 20 No. 4: Oktober 2013

Dialektika antara Aliran Hukum Alam dan Hukum Positif dan Relevansi dengan Hukum Islam

Hajar M. (UIN Sultan Syarif Kasim Riau)



Article Info

Publish Date
21 Apr 2016

Abstract

The main research questions in this study are: First, how is the dialectic between the positive law and the natural law? and second, how is its relevance with the Islamic law? The purpose of this study is to understand the dialectic between the positive law and the natural law and its relevance with the Islamic law. The method used in this study is philosophycal approach. The discussion is presented using descriptive analityc method which is then analyzed using juridical qualitative and juridical normative methods. The result concludes that: First, the natural law is both based on the principle of justice and related with the proper law. The positive law is inspired by the insight on the opposite law. The positive law is separated fron the justice and ethics, while the natural law is ideal and higher in its position as the standard of justice. Since the natural law is based on the conscience, it cannot prevail. Second, Islamic law consisting of revelations as well as positive law and natural law can be combined yet still harmonious in nature.

Copyrights © 2013






Journal Info

Abbrev

IUSTUM

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Ius Quia Iustum Law Journal is a peer-reviewed legal journal that provides a forum for scientific papers on legal studies. This journal publishes original research papers relating to several aspects of legal research. The Legal Journal of Ius Quia Iustum beginning in 2018 will be published three ...