Jurnal Al-Hakim : Jurnal Ilmiah Mahasiswa Studi Syariah, Hukum dan Filantropi
Vol. 6 No. 2 November 2024

Kesaksian Orang Bisu dalam Perspektif Hukum Indonesia dan Fikih: Tantangan, Peluang, dan Implikasi Terhadap Keadilan

Hanafi, Syahrul (Unknown)
Nasoha, Ahmad Muhamad Mustain (Unknown)
Nurrohman, Arif (Unknown)
Atqiya, Ashfiya Nur (Unknown)



Article Info

Publish Date
07 Sep 2024

Abstract

This article examines the testimony of mute individuals from the perspectives of Indonesian positive law and the comparative fiqh of the four major Islamic schools of thought (Hanafi, Maliki, Shafi’i, and Hanbali). The study aims to understand the challenges and opportunities in recognizing the testimony of mute individuals in court and its implications for justice. The research employs a normative approach with doctrinal analysis. The findings indicate that Indonesian positive law provides room for the testimony of mute individuals, but there are still obstacles in its implementation, such as the lack of adequate accommodations and qualified interpreters. On the other hand, Islamic fiqh presents varied views on mute testimony, with the Maliki school being more inclusive than others. The article also discusses opportunities for legal reform to create a more inclusive and just judicial system for persons with disabilities. In conclusion, the testimony of mute individuals requires special attention within the legal system to ensure that the principles of justice and equality are upheld.

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Journal Info

Abbrev

al-hakim

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Jurnal Al-Hakim is a Student Scientific Journal published by the Fakultas Syariah Universitas Islam Negeri Raden Mas Said Surakarta. Jurnal Al-Hakim is published twice a year (May and November). Jurnal Al-hakim aims to facilitate and disseminate innovative and creative ideas from students who ...