Diskresi Hukum dan Kaitannya dengan Ijtihad

Mubarok Mubarok
Journal article Jurnal Hukum Islam IAIN Pekalongan • Oktober 2009

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(Bahasa Indonesia)

Abstrak

Discretion is the authority possessed by public officials (police, preacher, civil servants, judges and others) to make any policies on the basis of his own initiative. They have independency and do not fall in the trap of the rigid existing rules, otherwise the decision they make must be in accordance with the circumstances and conditions; and viewed from moral and legal perspective, their authority can not be discharged from their responsibility to God. This authority is not widely used by the judges, either in the first instance court or religious court. Legisme orientation, as the most influential school, restrains some judges to have contradiction with the laws and regulation in presiding over the cases. In fact, the history recorded that Prophet Muhammad SAW and his companions made some policies and decision that have same characteristics with discretion

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Jurnal

Jurnal Hukum Islam IAIN Pekalongan

Jurnal Hukum Islam (JHI) adalah jurnal berkala ilmiah yang diterbitkan oleh Jurusan Syariah dan E... tampilkan semua