ISLAMICA: Jurnal Studi Keislaman
Vol. 11 No. 1 (2016): September

Living Law dan 'Urf sebagai Sumber Hukum Positif di Indonesia

Nafi' Mubarok (Universitas Islam Negeri Sunan Ampel Surabaya)



Article Info

Publish Date
01 Sep 2016

Abstract

This article deals with the issue of living law and 'urf as the sources of positive law in Indonesia. The existence of living law and 'urf (habits which are normally and consistently conducted by members of society) are acknow-ledged in Indonesian legal system. In fact, the theory of living law and 'urf have been adopted as legal reasoning for many laws or bills, such as the law number 23/2014 on local government and the law number 21/2008 on Shariah banking. It can bee seen that many legal decisions by courts judges also have their sources from living laws, such as what deals with criminal sanction, female reciepient of inheritance, the validaty of a merriage. Many legal decisions by court judges also adopt the 'urf, such as the amount of money for 'iddah (waiting time before marriage after divorce), the validity of eloping (kawin lari), shared property in marriage.

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Journal Info

Abbrev

islamica

Publisher

Subject

Religion Education

Description

ISLAMICA: Journal of Islamic Studies is a biannually published journal in March and September. It covers various issues on the Islamic studies within such number of fields as Islamic education, Islamic thought, Islamic law, political Islam, and Islamic economics from social and cultural ...