Hadriah, Hadriah (2020) Reinterpretasi Pasal 49 Undang-Undang No. 3 Tahun 2006 Tentang Peradilan Agama. Tesis, Pascasarjana.

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ABSTRAK

ABSTRACT Hadriah, Reinterpretation of Article 49 of Law Number 3 of 2006 concerning Religious Courts. Under the guidance of I Dr. H. Jalaluddin, M.Hum and II Dr. H. Sukris Sarmadi, SH.M.H at Pascasarja UIN Antasari Banjarmasin, (2019). Keywords: Absolute Authority, Principle of Submission, Religious Courts, and Principle of Islamic Personality. Article 49 of Law No. 3 of 2006 concerning Religious Courts, in its explanation reads: What is meant by "Between people who are Muslims" is including persons or legal entities who automatically submit themselves voluntarily to Islamic law regarding what matters are under the authority of the Religious Courts in accordance with the provisions of this article. This implies that anyone who can go to court in the Religious Courts is not limited to Muslims who can go to the Religious Court. That the principle of Islamic personality in the Religious Courts is usually understood as the principle which states that litigants in the Religious Courts are only for Muslims, and the principle of submission to Islamic law is understood only in certain cases of absolute authority of the Religious Courts. So this study aims to find out about the relationship of the principle of self-submission to Islamic law, how it can be applied to all the authorities of the Religious Courts, and how submission to Islamic law can occur and be recognized so that someone can seek justice in the Religious Courts. This research was conducted using qualitative research methods, and this type of research is normative legal research. The research approach used is an (analytical approach) and a (statutory approach). The analysis used in this research is analytical descriptive and prescriptive analysis. This study found that based on the results of decisions, the principle of non-Muslim submission to Islamic law can apply to any absolute authority of the Religious Courts with formal terms and conditions that must be considered as long as the non-Muslim has an interest and wants to submit to Islamic law. The principle of submission in its application is based on the absolute authority of the Religious Court.

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