METODE PENEMUAN HUKUM (STUDI KOMPARATIF ANTARA HUKUM ISLAM DENGAN HUKUM POSITIF)

Riyanta, . (2008) METODE PENEMUAN HUKUM (STUDI KOMPARATIF ANTARA HUKUM ISLAM DENGAN HUKUM POSITIF). Jurnal Penelitian Agama, XVII (2). pp. 1-15. ISSN 0854-2732

Preview

Text RIYANTA METODE PENEMUAN HUKUM (STUDI KOMPARATIF ANTARA HUKUM ISLAM DENGAN HUKUM POSITIF).pdf Download (10MB) | Preview

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.

Share this knowledge with your friends :

Actions (login required)

View Item