DIALEKTIKA ANTARA ALIRAN HUKUM ALAM DAN HUKUM POSITIF DAN RELEVANSI DENGAN HUKUM ISLAM
Abstract: The main research
questions in this study are: First, how is the dialectic between the positive
law and the natural law? and second, how is its relevance with the Islamic law?
The purpose of this study is to understand the dialectic between the positive
law and the natural law and its relevance with the Islamic law. The method used
in this study is philosophycal approach. The discussion is presented using
descriptive analityc method which is then analyzed using juridical qualitative
and juridical normative methods. The result concludes that: First, the natural
law is both based on the principle of justice and related with the proper law.
The positive law is inspired by the insight on the opposite law. The positive
law is separated fron the justice and ethics, while the natural law is ideal
and higher in its position as the standard of justice. Since the natural law is
based on the conscience, it cannot prevail. Second, Islamic law consisting of
revelations as well as positive law and natural law can be combined yet still
harmonious in nature.
Penulis: Hajar M
Kode Jurnal: jphukumdd131161
