West Science Islamic Studies
Vol. 1 No. 01 (2023): West Science Islamic Studies

Comparison Between Islamic Law and Positive Law in a Judicial Context

Suprijati Sarib (Institut Agama Islam Negeri Manado)
Syarifuddin (Universitas Ibrahimy Situbondo)
Sabil Mokodenseho (Institut Agama Islam Muhammadiyah Kotamobagu)



Article Info

Publish Date
31 Oct 2023

Abstract

This study explores Indonesia's complex legal system, which coexists with positive and Islamic law. The study examines how various legal systems apply justice and how people perceive it, using a quantitative research design. When survey data is combined with document analysis, subtle patterns and differences are revealed. The findings show that although positive law places more emphasis on procedural issues and the defense of individual rights, Islamic law views justice as being strongly related to moral and ethical principles. Different views of justice are influenced by differences in demographics. The discussion of these findings' implications within the framework of legal pluralism provides valuable perspectives for researchers, policymakers, and legal practitioners attempting to navigate the intricate legal landscape of Indonesia.

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Journal Info

Abbrev

wsiss

Publisher

Subject

Religion

Description

The scope of the journal Islamic Studies covers various aspects related to understanding, research, and discussion of Islam, Islamic culture, and Islamic civilization. The journal aims to be a diverse source of knowledge committed to an in-depth understanding of Islam in the contemporary world. Its ...