Kompetensi Dan Yurisdiksi Hukum Islam Dalam Perspektif Filsafat Hukum Islam

Abstract

Some of the themes discussed in this study include: knowing the miniature of Sharia, the field of Fiqh, Islamic governance, and Political Asylum. Some of the conclusions generated from the discussion regarding the Competence and Jurisdiction of Islamic Law include: First, it is necessary to know that there are two dimensions in Islamic law which are closely related to each other, namely the divine dimension and the Insaniyah dimension. Second, as a derivation of the two dimensions contained in Islamic law, then Islamic law is divided into two parts, namely Islamic law as a product of Law / Fiqh or fiqh as a science, while the second is law as a social institution. Third, fiqih as a social institution This then gives rise to jurisdiction in applying Islamic law so that the next discussion that becomes important is the concept of constitutionality in Islam with all its articulations concerning Islamic constitutional politics.