2007•Unpublished venueRequires access

Pengaruh Hukum Islam Terhadap Common Law System Dan Civil Law System

Yusuf Hidayat

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Abstract

Islamic law is alleged to have some influences in the development of Common and Civil Law, although one the two was born seven centuries earlier than the other. The present encounter of Civil Law with Islamic law in Indonesia can be seen, among others, in the transactions taking place in the syariah banking. The transactions of the syariah banks, besides of including such Quranic verses as ones of the chapter al-Nisa , mention also the promulgation of some articles of KUH Perdata , the Indonesian Civil law, whose root is the French civil code. The inclusion of Islamic law to the legal systems, one was born in England in the 12th and the other in France in the 19th century, can be observed through a comparative study on the history of Islamic law in Europe. Keywords : Hukum Islam, common law, civil law

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Islamic law is alleged to have some influences in the development of Common and Civil Law, although one the two was born seven centuries earlier than the other. The present encounter of Civil Law with Islamic law in Indonesia can be seen, among others, in the transactions taking place in the syariah banking. The transactions of the syariah banks, besides of including such Quranic verses as ones of the chapter al-Nisa , mention also the promulgation of some articles of KUH Perdata , the Indonesian Civil law, whose root is the French civil code. The inclusion of Islamic law to the legal systems, one was born in England in the 12th and the other in France in the 19th century, can be observed through a comparative study on the history of Islamic law in Europe. Keywords : Hukum Islam, common law, civil law

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Available abstract

Islamic law is alleged to have some influences in the development of Common and Civil Law, although one the two was born seven centuries earlier than the other. The present encounter of Civil Law with Islamic law in Indonesia can be seen, among others, in the transactions taking place in the syariah banking. The transactions of the syariah banks, besides of including such Quranic verses as ones of the chapter al-Nisa , mention also the promulgation of some articles of KUH Perdata , the Indonesian Civil law, whose root is the French civil code. The inclusion of Islamic law to the legal systems, one was born in England in the 12th and the other in France in the 19th century, can be observed through a comparative study on the history of Islamic law in Europe. Keywords : Hukum Islam, common law, civil law

Key concepts: Civil law (Civil law), Law, Promulgation, Sharia, Comparative law, Islam, Legal history, Political science

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