The Use of Oath Evidence and Its Implementation (Study in Surakarta Religious Court)

The evidence of the oath considering that the oath is directly related to God, then all the risks and consequences that arise will be felt alone to the reciter of the oath. What makes the most basic problem is that oath evidence is set at the end of various other evidence. The method of approach in this research is normative juridical, which is legal research conducted by examining library materials / secondary data as a basis for research by conducting a search for regulations related to the issues discussed. The results of research on oaths in Islamic law are the fulfilment of Allah's commandments that have a strong foundation. The oath by which one party binds the other party to the decision of a case, which is made orally in the presence of the opposing party and before the judge in the ongoing trial, is called the deciding oath/dicissoir.

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Publication Details

Journal
Alauddin Law Development Journal
Published
2024-08-31
DOI
https://doi.org/10.24252/aldev.v6i2.46251
Primary Topic
Legal Studies and Policies
Type
article
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article

The Use of Oath Evidence and Its Implementation (Study in Surakarta Religious Court)

Muhammad Kurniawan Budi Wibowo, Aditya Fajri Kurnia Pradana
Alauddin Law Development Journal
Legal Studies and Policies
article

The Use of Oath Evidence and Its Implementation (Study in Surakarta Religious Court)

Muhammad Kurniawan Budi Wibowo, Aditya Fajri Kurnia Pradana
article en

Abstract

The evidence of the oath considering that the oath is directly related to God, then all the risks and consequences that arise will be felt alone to the reciter of the oath. What makes the most basic problem is that oath evidence is set at the end of various other evidence. The method of approach in this research is normative juridical, which is legal research conducted by examining library materials / secondary data as a basis for research by conducting a search for regulations related to the issues discussed. The results of research on oaths in Islamic law are the fulfilment of Allah's commandments that have a strong foundation. The oath by which one party binds the other party to the decision of a case, which is made orally in the presence of the opposing party and before the judge in the ongoing trial, is called the deciding oath/dicissoir.

Alauddin Law Development JournalVol. 6(2)
Universitas Nahdlatul Ulama Surakarta (ID)
Openalex Percentile: Top 73%
Legal Studies and Policies
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The Use of Oath Evidence and Its Implementation (Study in Surakarta Religious Court) — Muhammad Kurniawan Budi Wibowo, Aditya Fajri Kurnia Pradana · Alauddin Law Development Journal (2024) | TGRS Research Map | TGRS