ANALISIS PERBANDINGAN AZAS-AZAS SISTEM PERADILAN ISLAM DAN INDONESIA

Abstrak

The principles of the judicial system are basic rules and abstract legal principles, generally the background for concrete regulations and implementation in the judiciary (law). This principle is a basic norm that is translated from positive law and which legal science does not ascribe to more general rules. Through research through comparative studies, namely research conducted to compare the similarities and differences of two or more facts and properties of the object under study based on a certain framework of thought. The principles of the judicial system are the foundation or basis for reference in implementing the judicial system. The strong and broadest basis for the birth of applicable legal regulations, the basics or directions in the formation of positive law. The principles and the legal system in principle is to regulate how in society there is not always a conflict, and if it does occur how to resolve the conflict. In the Islamic judicial system, it prioritizes the principle of musaywarah, it is not permissible for a leader to leave or make his own decisions according to his opinion, without asking the opinion of the Muslims from the shura experts.