Analisis Komparatif Antara Hukum Nasional dan Hukum Islam

This study aims to conduct a comparative analysis between national law and Islamic law, focusing on the principles, implementation, as well as the differences and similarities between the two in social, political, and cultural contexts. National law in Indonesia is a combination of customary law, colonial law, and modern law derived from Western legal systems, while Islamic law originates from Sharia, based on the Qur'an and Hadith. In certain areas, such as family law, civil law, and criminal law, these two legal systems exhibit distinct approaches, both philosophically and technically. The study finds that while national law emphasizes secularism and state sovereignty, Islamic law places greater emphasis on moral and divine justice. However, in the Indonesian context, both legal systems sometimes operate in parallel or undergo processes of adaptation and accommodation. This research contributes to a deeper understanding of the dynamics of the interaction between national law and Islamic law, as well as how both influence the judiciary and society in general.

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Publication Details

Journal
Presidensial
Published
2024-11-20
DOI
https://doi.org/10.62383/presidensial.v1i4.297
Citations
1
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
4.07
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article

Analisis Komparatif Antara Hukum Nasional dan Hukum Islam

Ahmad Muhamad Mustain Nasoha, Ashfiya Nur Atqiya, Aulia Nafiul Khoiriyah, Affan Tafta Naufalianto et al.
1 citations
Presidensial
Legal Studies and Policies
4.07
article

Analisis Komparatif Antara Hukum Nasional dan Hukum Islam

Ahmad Muhamad Mustain Nasoha, Ashfiya Nur Atqiya, Aulia Nafiul Khoiriyah, Affan Tafta Naufalianto, Furqon Abdul Hakim
article en
1 citations

Abstract

This study aims to conduct a comparative analysis between national law and Islamic law, focusing on the principles, implementation, as well as the differences and similarities between the two in social, political, and cultural contexts. National law in Indonesia is a combination of customary law, colonial law, and modern law derived from Western legal systems, while Islamic law originates from Sharia, based on the Qur'an and Hadith. In certain areas, such as family law, civil law, and criminal law, these two legal systems exhibit distinct approaches, both philosophically and technically. The study finds that while national law emphasizes secularism and state sovereignty, Islamic law places greater emphasis on moral and divine justice. However, in the Indonesian context, both legal systems sometimes operate in parallel or undergo processes of adaptation and accommodation. This research contributes to a deeper understanding of the dynamics of the interaction between national law and Islamic law, as well as how both influence the judiciary and society in general.

PresidensialVol. 1(4)
Sebelas Maret University (ID), UIN Raden Mas Said Surakarta
Peace, Justice and strong institutions
Openalex Percentile: Top 6%
Legal Studies and Policies
4.07
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Analisis Komparatif Antara Hukum Nasional dan Hukum Islam — Ahmad Muhamad Mustain Nasoha, Ashfiya Nur Atqiya, et al. · Presidensial (2024) | TGRS Research Map | TGRS