Muslihun, Muslihun and , M. Junaidi, S.Ag., M.Ag. (2023) Hakim Wanita dalam Perspektif Hukum Islam Ditinjau dari Al Hukmu Yaduru Ma'a 'Illatihi Wujudan wa 'Adaman. Skripsi thesis, Universitas Muhammadiyah Surakarta.
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Abstract
Female judges in Islam are something that is mukhtalaf among scholars. There are those who allow it absolutely, there are those who forbid it and there are those who allow it with conditions. Women judges are a new position where at the time of the prophet before this position was not held by women. But now it is a natural thing and regulated in the law. Qaidah Al Hukmu yaduru Ma'a Ililasiti Wujudan wa 'Adaman, which means that the Law rotates with the illat that causes the Law to exist and not exist. Therefore, this research aims to review female judges from the qaidah Al Hukmu Yaduru Ma'a 'Illahiti Manifestation wa 'adaman intended to find out the implementation of the qaidah in the position of female judges in the present as well as the legal basis regarding the permissibility of female judges and more insight in depth regarding female judges. In this study the authors used normative empiriical methods which are descriptive in nature. The results showed that the position of judges was not influenced by gender but their skills and competence in occupying the position, but it is undeniable that there will still be different tendencies between male judges male and female.
Item Type: | Thesis (Skripsi) |
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Uncontrolled Keywords: | Judge; Female Judge; Al Hukmu Yaduru Ma'a Illatifi wujudan wa' Adaman |
Subjects: | B Philosophy (General); Religion > BA Agama Islam K Law K Law > KI Hukum Indonesia > KG Law (General) K Law > KI Hukum Indonesia |
Divisions: | Fakultas Hukum > Hukum |
Depositing User: | MUSLIHUN |
Date Deposited: | 13 Apr 2023 04:32 |
Last Modified: | 13 Apr 2023 04:32 |
URI: | http://eprints.ums.ac.id/id/eprint/111207 |
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