Kedudukan Kompilasi Hukum Islam (KHI) Dalam Penegakan Hukum di Indonesia

Dahwadin Dahwadin, Reza Fahlevi Nurpaiz

Abstract


Compilation of Islamic Law (KHI) is one of the provisions that refer from various classical collection of books which later used as a guide to solve a problem in accordance with the contents of the compilation of Islamic law itself. Compilation of Islamic Law consists of 3 Books. Book I on Marriage Law. Book II on the Law of Inheritance, and Book III on Legal Procedures. The presence of a compilation of Islamic law in Indonesia is not the same as the provisions of the Act in general. Although the degree is not the same as the Law of the presence of the Compilation of Islamic Law is one of the guidelines or guidance of a law enforcement for a judge in giving consideration when it wants to issue its verdict in accordance with the authority of religious court judges in receiving, examining, deciding, and solving cases arising from people who are Muslim, as stated in the provisions of Law No. 7 of 1989 Article 49 which was later expanded by the presence of Law no. 3 of 2006 on religious courts that is with the emergence of sharia economic case that becomes the duty of the judges of religious court authority. This paper implies that, although the Compilation of Islamic Law is not equal to the provisions of the Law in general. But its presence, can be used as a guide or reference for the community in general when having problems in accordance with the contents of the Compilation of Islamic Law itself. Especially this usefulness can be used by a judge as a law enforcer especially in the religious court environment in giving consideration in the decision. Thus, the presence of the Compilation of Islamic Law is one solution to the problems that arise from people who are Muslim, both in terms of marriage, inheritance, and endowments.


Keywords


Compilation of Islamic Law, Law Enforcement, Religious Courts, Marriage, Endowments and Inheritance.

References


Djazuli, A. Ilmu Fiqh (Penggalian, Perkembangan dan Penerapan Hukum Islam. Jakarta: Kencana Prenada Media Group, 2010.

Jazuni, Legislasi Hukum Islam di Indonesia. Bandung: Citra Aditya Bakti., 2005.

Oyo Sunaryo Mukhlas, Perkembangan Peradilan Islam “dari Kahin di Jazirah Arab ke Peradilan Agama di Indonesia. Bogor: Ghalia Indonesia, 2011.

Syarifuddin, Amir. Hukum Perkawinan Islam di Indonesia (Antara Fiqh Munakahat dan Undang-undang Perkawinan. Jakarta: Prenada Media Group, 2009.

Suhendra, Ahmad. “Aksiologi Syariah: Mencerna Progresifitas Hukum Islam dalam Lintasan Sejarah,” Isti’dal: Jurnal Hukum Islam, Volume. 1 Nomor. 1, 2014

Syaripin, Pipin. Pengantar Ilmu Hukum (Untuk Fakultas Syari’ah. Komponen MKDK). Bandung: Pustaka Setia, 1999.


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