Hukum Islam dan Hukum Positif: Perbedaan, Hubungan, dan Pandangan UlamaJournal: Jurnal Hukum Novelty (Vol.8, No. 2)
Publication Date: 2017-08-30
Authors : Alda Kartika Yudha;
Page : 165-180
Keywords : Sharia Law; Positive Law; State;
Since 3 May 1924 when Islamic khilafah fell out, there are so many people with their movements who want to declare and dream the resurrection of khilafah state with Islamic law being used properly. Some of them begin with promoting sharia law to be positive law in the Islamic country, and this topic has become an interesting theme to be discussed ever since. Ever since the debate among Muslims whether it is must or not to promote sharia law becomes positive law began. One thinks that the side who want not to apply sharia law as positive law is kafir and fasiq (this is according to al-Maidah 44, 45 and 47). The others state that it does not have to be like that with their reasonable arguments. In our opinion, since this is still in the domain of ijtihadi, the differences among them are natural to happen.
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