PERAN HUKUM ADAT DALAM PENEGAKAN KETERTIBAN MASYARAKAT PERSPEKTIF HUKUM ISLAM

In many indigenous communities, disputes are usually resolved through deliberation or a family approach involving traditional leaders, religious leaders or respected third parties. In this process, efforts are made to reach a solution that is favorable to all parties, without considering who is right or wrong, but rather the goal of restoring peace and harmony in the community. On the other hand, in the perspective of Islamic law, dispute resolution is seen from the point of view of justice based on the principles of sharia. The plurality of laws is interesting to review how they harmonize in their role in regulating community order. This research uses qualitative research methods classified as normative legal research with a conceptual approach. The results of this study indicate that customary law is one of the bases for judges to decide a case based on the law if the judge does not find a basis for deciding on written law. Enforcement of public order is also seen as a very important obligation from the perspective of Islamic law. Islamic law provides a clear outline of how to build a just, safe and peaceful society.

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Publication Details

Journal
Mitsaqan Ghalizan
Published
2024-12-27
DOI
https://doi.org/10.33084/mg.v4i2.8888
Citations
1
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
4.07
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article

PERAN HUKUM ADAT DALAM PENEGAKAN KETERTIBAN MASYARAKAT PERSPEKTIF HUKUM ISLAM

Ranti Suminar Endah, Muhammad Noor Shaleh
1 citations
Mitsaqan Ghalizan
Legal Studies and Policies
4.07
article

PERAN HUKUM ADAT DALAM PENEGAKAN KETERTIBAN MASYARAKAT PERSPEKTIF HUKUM ISLAM

Ranti Suminar Endah, Muhammad Noor Shaleh
article en
1 citations

Abstract

In many indigenous communities, disputes are usually resolved through deliberation or a family approach involving traditional leaders, religious leaders or respected third parties. In this process, efforts are made to reach a solution that is favorable to all parties, without considering who is right or wrong, but rather the goal of restoring peace and harmony in the community. On the other hand, in the perspective of Islamic law, dispute resolution is seen from the point of view of justice based on the principles of sharia. The plurality of laws is interesting to review how they harmonize in their role in regulating community order. This research uses qualitative research methods classified as normative legal research with a conceptual approach. The results of this study indicate that customary law is one of the bases for judges to decide a case based on the law if the judge does not find a basis for deciding on written law. Enforcement of public order is also seen as a very important obligation from the perspective of Islamic law. Islamic law provides a clear outline of how to build a just, safe and peaceful society.

Mitsaqan GhalizanVol. 4(2)
Universitas Muhammadiyah Palangkaraya (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 6%
Legal Studies and Policies
4.07
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PERAN HUKUM ADAT DALAM PENEGAKAN KETERTIBAN MASYARAKAT PERSPEKTIF HUKUM ISLAM — Ranti Suminar Endah, Muhammad Noor Shaleh · Mitsaqan Ghalizan (2024) | TGRS Research Map | TGRS