Comparison Of Legal System:  Islamic Law System, Civil Law, and Common Law

Asasriwarnia, Asasriwarnia; Jandra, Mifedwil

doi:10.11113/umran2018.5n2-1.304

Cited by 5 publications

(5 citation statements)

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“…XX/MPRS/1966 in which it is stated that Pancasila is the source of all sources of law. (Asasriwarnia & Jandra, 2018) see (Moonti, 2017) however, the current law -the Ius Constitutum -is a mixture of various legal systems, including colonial law, customary law, Islamic law, and Pancasila law (Trijono, 2020).…”

Section: Resultsmentioning

confidence: 99%

“…by the regulator, or a collection of elements that exist in interaction with each other which is an organized unity and cooperation towards goals and is based on fairly basic philosophical values which after being explored by the founders of this nation and crystallized these values become a The basis of the state and the ideology of the nation is Pancasila which is strengthened in the MPRS Decree No. XX/MPRS/1966 which states that Pancasila is the source of all sources of law (Asasriwarnia & Jandra, 2018) see (Moonti, 2017). However the current law the ius constitutum -is a mixture of various legal systems, including colonial law, customary law, Islamic law, and Pancasila law (Trijono, 2020) since the legal system based on Pancasila is open which is able to accommodate aspirations that grow and develop in the international world due to the influence of globalization, it must also be adaptive, that is, it can adapt to the personality of the Indonesian nation (Maryanto, 2015).…”

Section: Introductionmentioning

confidence: 99%

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Sharia Banking Position in the Economic and the National Legal System

Widuhung

Machmud

2022

IJSSR

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The Position of Sharia banking in Indonesia legal system is important. The study aims to find out how is the position of sharia banking in the national legal system. The method used in this research is normative juridical with qualitative analysis approach. Moreover, the result is the position of Islamic banks in the economic system is as a bank institution that helps the Indonesian economy in increasing financial inclusion and becomes an institution that carries out an intermediary function. In relation to the national legal system, Islamic banking has a strong position, because it is an inseparable part of the legal system in force in Indonesia.

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Section: Resultsmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Sharia Banking Position in the Economic and the National Legal System

Widuhung

Machmud

2022

IJSSR

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“…The coherence of students' answers with the content of Islamic law in the sense that God Almighty regulates all aspects of human life in the world and the Hereafter (Asasriwarni and Jandra 2018).…”

Section: Students' Views On the Harminization God's Rules To Constitu...mentioning

confidence: 99%

“…This last command is interpreted by the ijtihad process. Thus ijtihad is intended as a method of discovery of Islamic law (Asasriwarni and Jandra 2018).…”

Section: Students' Views On the Harminization God's Rules To Constitu...mentioning

confidence: 99%

The Concept of Legal Intensity: Harmonizing God’s Rule within Constitutional Law

Arlis

2023

walrev

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The study aims to discover the idea of legal intensity in the context of the harmonization of God's rule into Constitutional Law. The method used is qualitative. The results showed that the idea of legal intensity in the context of harmonising God's rule into Constitutional Law is necessary. The harmonization is in line with the theory of the purpose of the law for the benefit of servants in the world and the hereafter. Constitutional law during the Prophet Muhammad SAW is the best example. The legal intensity regulates how to achieve a better life, specifically constitutionality. When the country's laws are of superior quality, then Allah Swt will prosper the country. The provisions in Article 29 Paragraph 1 of the Constitution of the Republic of Indonesia of 1945 state that the state based on the One True God in substance contains the principle of tawhid by God's rules. Students' views on harmonising God's rule into Indonesian Constitutional Law generally agree with the idea of legal intensity. The idea of legal intensity among them has universal criteria: the path of God Almighty's rule, sincerity, gratitude, bound by promises to God, with God, fitrah, quality of law, scientific responsibility, Adat basandi syara' syara' basandi kitabullah syara' mangato adat mamakai. Students agreed because the idea of legal intensity was very good and influential in realizing the state's goals.Penelitian bertujuan untuk menemukan gagasan intensitas hukum dalam konteks harmonisasi aturan Tuhan ke dalam Hukum Tata Negara. Metode yang digunakan adalah kualitatif. Hasil penelitian menunjukkan bahwa gagasan intensitas hukum dalam konteks harmonisasi aturan Tuhan ke dalam Hukum Tata Negara sangat diperlukan. Harmonisasi tersebut sejalan dengan teori tujuan hukum untuk kesejahteraan hamba di dunia dan akhirat. Hukum tata negara pada masa Rasulullah SAW merupakan contoh terbaik. Intensitas hukum mengatur cara mencapai kehidupan yang lebih baik, khususnya tentang konstitusionalitas. Ketika hukum negara berkualitas unggul, maka Allah Swt akan memberkahi negara tersebut. Ketentuan dalam Pasal 29 Ayat 1 Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 menyebutkan bahwa negara berdasarkan Ketuhanan Yang Maha Esa secara substansi mengandung prinsip tauhid oleh aturan Tuhan. Pandangan mahasiswa tentang harmonisasi aturan Tuhan ke dalam Hukum Tata Negara Indonesia umumnya setuju dengan gagasan intensitas hukum. Gagasan intensitas hukum di antara mereka memiliki kriteria universal: jalur aturan Tuhan Yang Maha Esa, ikhlas, syukur, terikat oleh janji kepada Tuhan, bersama Tuhan, fitrah, mutu hukum, tanggung jawab ilmiah, Adat basandi syara' syara' basandi kitabullah syara' mangato adat mamakai. Mahasiswa setuju karena gagasan intensitas hukum sangat bagus dan berpengaruh dalam mewujudkan tujuan negara.

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“…Legal pluralism is a prominent feature in modern cultures, where Islamic law, sometimes known as Sharia, and secular civil law coexist and interact (Ayoub, 2022;Tamanaha, 2021;Yilmaz, 2023). Sharia is a comprehensive legal framework that governs numerous elements of personal and public life for Muslims (Asasriwarnia & Jandra, 2018) (Ramaioli, 2024). It is drawn from the Quran, Hadith (Prophet Muhammad's teachings), and Islamic jurisprudence (GENÇ & Hassan, 2019;Lukianov et al, 2020;Purkon, 2022).…”

Section: Introductionmentioning

confidence: 99%

Legal pluralism in contemporary societies: Dynamics of interaction between islamic law and secular civil law

Husain,

Ayoub,

Hassmann

2024

Syariat

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Legal pluralism refers to the simultaneous existence of different legal systems in a single community. This presents intricate challenges and opportunities for governance, justice, and social cohesion in many socio-cultural settings. This study examines the interplay between Islamic law (Sharia) and secular civil law in modern nations, specifically aiming to comprehend the intricacies, conflicts, and consequences of legal pluralism. This study does a thorough literature analysis to analyze existing scholarship on legal pluralism. It synthesizes important findings and perspectives from many geographical places that have significant Muslim populations. The review emphasizes the complex and diverse nature of legal pluralism, which involves the coexistence, competition, and accommodation of various legal traditions. Furthermore, it recognizes the difficulties that arise from conflicts between Islamic law and secular civil law, such as differences in rights and safeguards, tensions based on religion and cultural differences, and obstacles to efficient government and societal unity. Moreover, the review examines the wider consequences of legal pluralism on academic research, policy-making, and practical implementation. It proposes potential areas for future research to enhance our comprehension of the dynamics of legal pluralism and to guide efforts in fostering inclusivity, fairness, and appreciation for diversity within legal systems. This research adds to the continuous efforts of building inclusive and equitable legal systems that defend human rights, develop social cohesion, and promote justice for all individuals by recognizing the diversity of legal traditions and viewpoints within modern cultures. Research Highlights: Complex Dynamics of Legal Pluralism: The research elucidates the multifaceted nature of legal pluralism, examining the coexistence, competition, and accommodation between Islamic law and secular civil law in diverse socio-cultural contexts. By synthesizing existing scholarship, the study provides a comprehensive understanding of the complexities and tensions inherent in legal pluralism dynamics. Challenges and Implications: The study identifies key challenges arising from conflicts between Islamic law and secular civil law, including disparities in rights and protections, tensions along religious and cultural lines, and impediments to effective governance and social cohesion. These insights shed light on the broader implications of legal pluralism for governance, justice, and social cohesion within contemporary societies. Policy and Practice Recommendations: By exploring the broader implications of legal pluralism for scholarship, policy, and practice, the research offers valuable recommendations for promoting inclusivity, equity, and respect for diversity within legal frameworks. These recommendations inform strategies for addressing challenges and fostering inclusive legal systems that uphold human rights and equality for all individuals.

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Comparison Of Legal System: Islamic Law System, Civil Law, and Common Law

Cited by 5 publications

References 0 publications

Sharia Banking Position in the Economic and the National Legal System

Sharia Banking Position in the Economic and the National Legal System

The Concept of Legal Intensity: Harmonizing God’s Rule within Constitutional Law

Legal pluralism in contemporary societies: Dynamics of interaction between islamic law and secular civil law

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