The Islamic Legal Maxims in Consideration of Religious Court Judge

Abstract

Court decisions are statements of the judges stated in written form and expected to generate conviction on the truth of legal cases in the proper application of legislation in cases that have been judged. A decision of legal considerations should contain main issues, juridical analysis of all facts that can be disclosed during the trial process, and include sources of law that are not written in laws and regulations, including Islamic law in fiqh. The purpose of the research is to know the legal basis of using Islamic legal maxims and to know the point of views from the judges regarding the use of Islamic legal maxim in legal considerations of Religious Court decisions. The approach method in this research uses the type of empirical juridical legal research, namely the type of sociological legal research or field research, The data sources were obtained from two religious courts, namely the Klaten religious court and the Surakarta religious court, using interview techniques to six resource persons. the data is processed using a deductive method and then analyzed with the Islamic legal principles. Article 27 of Law Number 14 of 1970 concerning the Basic Provisions of Judiciary becomes the principle for the use of Islamic legal maxim by Religious Court Judges because the judges are required to explore legal values that live and exist in the society in line with the existence of Islamic legal maxim which are unwritten sources of law that exist in fiqh books, then the decisions are made very varied and dynamic because the judges use all of legal theories that are included in the decision so that it becomes a characteristic possessed by the Religious Courts because they are not used in other courts.