Aspek filosofis dialektika hukum Islam dan hukum nasional

Baehaqi, Ja'far (2014) Aspek filosofis dialektika hukum Islam dan hukum nasional. In: International seminar proceeding : contemporary Islamic law in Asia. UIN-Maliki Press, Malang, pp. 154-171. ISBN 978-602-958-483-7

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lslamization of law come be a tendency after the enactment of the Marriage Law and the Law on Religious Courts. The Islamization is not occur unilaterally by Islamic law, but also involves the national law as a legal system that houses and legitimizes it. It thus occurs in a dialectic relationship, ie. the relationship and interaction between the Islamic law and the national law in harmony or conflict that followed the resolution in the form of assimilation, amalgamation or adaptation. This study found that philosophically the dialectic of lslamic law and national law is closely related to the intersection between the two, is the transformation of enforcement and regulatory authorities, the institutionalization of Islamic law, uniform internally (unification), Islamization of national law, construction law-based non-state legal, and instrumentalization of law in national development.

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Item Type: Book Section
Uncontrolled Keywords: Dialektika hukum; Hukum Islam; Hukum nasional; Filsafat hukum
Subjects: 300 Social sciences > 340 Law
Divisions: Prosiding
Depositing User: Miswan Miswan
Date Deposited: 29 Apr 2019 05:06
Last Modified: 29 Apr 2019 05:06

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