SYARI'AH : ANTARA HUKUM DAN MORAL
Abstract
The case of "Mr. Shaw "has generated a long debate about the existence of morals in law. This incident has sparked a long debate about Law and Morals. Law and Moral are two inseparable poles in the study of Islamic law, in contrast to the West which separates the two. According to Coulson, in the view of Islamic society, religious law and morality are often combined in the general philosophy of life. Actually there is a compulsion to obey morals as well as the obligation to carry out the law. But on the other hand, Coulson only pays attention to the lesser role played by the courts in carrying out Islamic (moral) behavior. For courts, there is a difference between legally enforceable regulations and morally desirable ones. The difference between Hanafi formalists and Hanbali moralists can be noted in the matter of legal trickery (Hiyal). According to Coulson Hiyal in this case it is not the same as hiyal which is known in the history of British law where the law is considered to exist from a contrived situation to be used as a procedural basis for the examination at hand, but in Islam, hiyal is truly legal trickery by the overt intention of avoiding the established thing from real law
References
Al-Gazali, Ihya’ ‘Ulum al-Din, Juz III, (Kairo: Muassasah al-Halaby, 1967
As Hornby (ed.), The Advanced Leaners Dictionary of Current English London: Oxford University Press, 1973
As-Suyuthi, Jami’ Shaghir, Jilid I Beirut: Dar al-Kutub al-Ilmiyah, T.Th
Fathurrahman Djamil, Filsafat Hukum Islam, Bagian Pertama Jakarta: Logos Wacana Ilmu, 1997
James Hastings (ed.), Encyclopedia Of Religion and Ethics, Volume VII, New York, T.Th.
JB. Sykes (ed.), The Concise Oxford Dictionary Of Current English London: Oxford Iniversity Press, 1976
John L.Esposito, The Oxford Encyclopedia of The Modern Islamic World London: Oxford Universitiy Press, 1995
Louis Ma’luf, Kamus al-Munjid Beirut: al-Maktabah al-Kulliyyah, T.Th
Mircea Eliade, The Encyklopedia of Religion, Vol XX New York: Macmillan Library, T.Th
Noel.J. Coulson, Conflicts and Tentions in Islamic Jurisprudence Chicago: The University of Chicago Press, 1969
Copyright (c) 2020 Nur Taufik Sanusi
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.