宗教法庭电子法庭制度的马斯拉哈·穆尔萨拉述评

Siti Inayah, Artike History
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引用次数: 0

摘要

作为工业革命的结果,世界上的技术发展越来越大。人类生活的几乎所有系统都由复杂的技术辅助,并与互联网相连。其目的是促进人的工作和活动,包括目前在尽量扩大公共服务方面许多与先进技术合作的政府服务。考虑到现有技术的复杂性,这一步骤被认为是正确的步骤,在提供公共服务方面被认为是更有效和有效率的。对于伊斯兰教来说,进入人类生活几乎所有方面的技术进步被视为一种maslahah mursalah,只要它根据理由是好的,可以为人类提供好的同时避免不好的事情,这是伊斯兰教所允许的。利用科技为公众提供服务的政府机构之一是宗教法庭,作为社会根据其处理的罪犯寻求正义的法律工具,宗教法庭当然必须为社会提供最大限度的服务。政府通过2019年第1号大法院条例,实施了一项新的创新,即电子法院系统(E-Court),旨在使人们更容易提起诉讼。以前人们在诉讼中遇到的距离、时间和昂贵的费用等障碍,有望通过电子法院的存在来克服,电子法院旨在实现快速和具有成本效益的管理,以实现高效率和有效的法院的理想。因此,这项研究被认为是必要的,看看这些目标是否已经实现,是否符合mursalah maslahah。本研究采用深度访谈法和文献研究法进行质性研究。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
THE REVIEW OF MASLAHAH MURSALAH ON THE E-COURT SYSTEM AT RELIGIOUS COURT
As a result of the industrial revolution, technological developments in the world are increasingly massive. Almost all systems of human life are assisted by sophisticated technologies and are connected to the internet. This aims to facilitate human work and activities, including government services which currently have many collaborated with sophisticated technology in maximizing public services. This step is seen as the right step, considering the sophistication of existing technology that is considered more effective and efficient in carrying out public services. As for Islam, the technological progress that enters almost all aspects of human life is seen as a form of maslahah mursalah, which is something that is permissible by syara' as long as it is good acording to the reason and can provide good also avoid bad things for humans. One of the government institutions that uses technology in providing services to the public is the religious court, as a legal instrument where the community can seek justice according to the culprit it handles, a religious court of course must provide maximum service to the community. Through Supreme Court Regulation No. 1 of 2019, the government provides a new innovation by implementing an electronic court system (E-Court) which aims to make it easier for people to litigate. The obstacles that were previously encountered when people were in litigation such as distance, time, and expensive costs were expected to be overcome by the existence of an E-Court which aims to realize fast and cost-effective administration in order to achieve the ideals of an efficient and effective court. For this reason, this research is deemed necessary to see whether these goals have been achieved or not and whether they are in accordance with the mursalah maslahah. This research is a qualitative research with in-depth interview approach and literature study.
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