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Konsep semak dan imbang menurut Islam dan aplikasinya dalam sistem kehakiman Islam di Malaysia
Siti Rohida Asrani1, Zuliza Mohd Kusrin2.
This article discusses the concept of ‘checks and balances’ in
accordance with Islam and its application in the Islamic Judicial
System in Malaysia. As the main objective of establishing the
court is to uphold justice between disputing parties, ‘checks and
balances’ are perceived as a mechanism in assisting our Islamic
judiciary towards achieve this objective. Despite the ambiguity
in understanding this concept in Islam, it has been widely used
in Western nations, whether in administration or law. Yet, this
does not mean that Islam does not have a specific mechanism in
forming or managing a government. Islam has actually practised
this concept long prior, consistent with the contents of the al-Qur’an and Sunnah; especially in both administrative and judicial
aspects. Thus, the objective of this paper is to study the concept
of ‘checks and balances’ in Islam. For the purpose of this study,
the researcher used a qualitative research methodology involving
a content analysis study through primary and secondary sources
including semi-structured interviews. The finding of this study
discovers that the word ‘Hudud Allah’ is widely used in Islam
rather than the ‘checks and balances’ term which was introduced
by Western legal system. The principles contained in the ‘Hudud
Allah’ cover both the external and internal aspects of each
individual, which later produces the most trustworthy and fair
creatures of Allah in every aspects of their lives. This would then
be the differentiation between the ‘Hudud Allah’ and the concept
of ‘checks and balances’, in which the ‘checks and balances’
concept only focuses on the external aspects of governance.
Affiliation:
- Universiti Kebangsaan Malaysia, Malaysia
- Universiti Kebangsaan Malaysia, Malaysia
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