Andika, Andika and HADI, SUTRISNO and Armasito, Armasito (2021) Qarinah Sebagai Alat Bukti Menurut Kitab Undang-Undang Hukum Perdata dan Hukum Islam. Muqaranah, 5 (1). pp. 31-44. ISSN 2809-4832 ISSN (Online): 2809-3658 ISSN (Print)
Full text not available from this repository.Abstract
his research departs from the many problems that arise in the scope of civil and religious courts, including proof by means of qarῑnah evidence. The evidence of qarῑnah is an emerging indication that is then interconnected with one another until it reaches a clear and clear point as well as real, which is what is justified or acknowledged by both Islamic law and civil law. For this reason,this research is made to answer these problems. The essence of this research is how the position and strength of qarῑnah as evidence according to the Civil Code and Islamic Law. Research is included in qualitative research, (namely Library Research), namely with a normative approach. The normative approach seeks to study or scrutinize the phenomena that arise in terms ofnormative laws and laws related to this issue. The results of this study show that in the perspective of civil law in Indonesia, the evidence for qarῑnah is called suspicion seen from its position, whereas in the perspective of Islamic law it is seen fromits position and strength that qarῑnah evidence is a means of evidence that decides a case even if only by itself, as the story described. in detail from the story of the Prophet Yusuf. As can be seen in Q.S Yusuf Verses 23-28, which in essence tells of the incident Zhulaika wanted to invite to do obscenity to Prophet Yusuf. As by pulling the clothes of the Prophet Yusuf. Axle so that it breaks at the back. And also several other stories such as the discovery of found items that can be given to those that can show the characteristics of these items. Thus, qarῑnah evidence can be strong evidence and has an important position, so that qarῑnah becomes a means of evidence that has a very important role in both civil law and Islamic law.Keywords: Qarῑnah, Evidence, Civil Law, Islamic Law
| Item Type: | Article |
|---|---|
| Subjects: | Syariah dan Hukum > Hukum (Umum) Syariah dan Hukum > Perbandingan Madzhab |
| Divisions: | Fakultas Syariah dan Hukum > 74233 - Perbandingan Mazhab |
| Depositing User: | ARMASITO 19720610200701231 |
| Date Deposited: | 17 Apr 2023 01:54 |
| Last Modified: | 17 Apr 2023 01:54 |
| URI: | http://repository.radenfatah.ac.id/id/eprint/26848 |
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