eprintid: 8774
rev_number: 17
eprint_status: archive
userid: 8
dir: disk0/00/00/87/74
datestamp: 2013-07-10 09:20:27
lastmod: 2019-03-20 03:59:04
status_changed: 2013-07-10 09:20:27
type: article
metadata_visibility: show
creators_name: Riyanta, .
title: METODE PENEMUAN HUKUM (STUDI KOMPARATIF ANTARA HUKUM ISLAM DENGAN HUKUM POSITIF)
ispublished: pub
subjects: jur_paga
divisions: jurn_pa
full_text_status: public
keywords: rechtsvinding, hukum Islam, hukumpositif
abstract: Must be admitted, those texts of law, either in Islamic or positive law are
very limited. Whereas, the problems of law is always arising up infinitely unanimous
with the dynamics and expansion of people. Besides, such texts of law
show that law is not explicit and distinctive at all. Consequently, the judges
and other law officials have to do find innovations of law in order to offer
solutions for various problems occur to our society. Either unclear laws, uncompleted
laws or unorganized laws at all, or even those problems are showed
by law rules explicitly and distinctly, but when the laws applied are not reflecting
to justice.
In order to the innovation of law for such as various matters, the jurists
developed method o/rechtsvinding depends on each law sources. Because of
the only resources may be extracted the law norms. In Islamic law, the innovations
are including of some methods; they are, literary interpretation method,
causation method (ta'lili)—jnc/utferfqiyasonrf Ideological—and synchronization
method. Whereas, in positive law including of argumentation method and
free rechtsvinding method. Such methods are intended to describe, to interpret,
to extract, and to translate universal messages and justices at once, was developed
by both of such law systems.
Substantively, both of methods have differences and similarities make a
possibility to be compromised. In such ways, are expected will result the new
method o/rechtsvinding extracted and understood from justice values and law
consciousness that life and grow up in our society. From that method ofaccommodative rechtsvinding in turn will arises solutive law decisions to various
matters occur to people.
date: 2008-08-01
date_type: published
publication: Jurnal Penelitian Agama
volume: XVII
number: 2
publisher: LEMBAGA PENELITIAN UIN SUNAN KALIJAGA YOGYAKARTA
pagerange: 1-15
refereed: TRUE
issn: 0854-2732
citation:   Riyanta, .  (2008) METODE PENEMUAN HUKUM (STUDI KOMPARATIF ANTARA HUKUM ISLAM DENGAN HUKUM POSITIF).  Jurnal Penelitian Agama, XVII (2).  pp. 1-15.  ISSN 0854-2732     
document_url: https://digilib.uin-suka.ac.id/id/eprint/8774/1/RIYANTA%20METODE%20PENEMUAN%20HUKUM%20%28STUDI%20KOMPARATIF%20ANTARA%20HUKUM%20ISLAM%20DENGAN%20HUKUM%20POSITIF%29.pdf