Al-Muamalat: Jurnal Hukum dan Ekonomi Syari'ah
Vol 10 No 2 (2025): Al-Muamalat: Jurnal Hukum dan Ekonomi Syari'ah

Hak-Hak yang Memberi Jaminan dalam Prespektif Hukum Positif dan Hukum Islam: Analisis Perbandingan

Jannah, Zeinaful (Unknown)
Solifah, Siti (Unknown)
Akmalurrozi, Akmalurrozi (Unknown)
Musadad, Ahmad (Unknown)
Imron, Yusuf Maulana (Unknown)



Article Info

Publish Date
02 Aug 2025

Abstract

This article aims to analyze and compare the concept of rights that provide guarantees from the perspectives of positive law and Islamic law, as well as to examine the potential for integrating both within the framework of a plural national legal system. The methodology used is qualitative library research with a normative approach, utilizing primary sources such as statutory regulations and classical and contemporary Islamic jurisprudence literature, along with secondary sources including scholarly journals and books published within the last ten years. The results of the study indicate that both legal systems equally recognize the importance of guarantee rights as instruments of justice and legal certainty, albeit through different approaches: positive law emphasizes juridical-administrative aspects, while Islamic law highlights moral values and social responsibility. Although there is potential for harmonious integration, implementation still faces structural and cultural challenges, thereby necessitating institutional reform and capacity building within society to realize a fair and adaptive legal system in the context of national legal pluralism.

Copyrights © 2025






Journal Info

Abbrev

muamalat

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

Description

AL-MUAMALAT is a journal that focuses on the study of Islamic Law and Economics, AL-MUAMALAT Journal aims: 1. Sharia Economic Law 2. Agreement Law in Islam; 4. Comparative Law on Economics; 5. Community Economic Institutions; 6. Civil, Economic, Business (Conventional) ...