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The Islamic Law-Based Design of Regional Head Post-Filling

  • Ahmad Siboy*
  • , Iwan Permadi
  • , Zahlul Pasha Karim
  • , Firmansyah Abdul Karim
  • *Corresponding author for this work

Research output: Contribution to journal › Article › peer-review

Abstract

This research aims to elaborate on the standing of Islamic law regarding regional head post-filling and how this post-filling is designed to conform with the principle of Islamic law. This research employed mixed methods and statutory, conceptual, case, and normative-theological approaches. The research results reveal that Islam holds the principles that can be adopted into the constructions of the national law in the matter of regional head post-filling. In the time to come, this post-filling should conform to the principle of al muhafadhotu ala qodimis sholih wal akhdzu bil jadidil ashlah, in which this post-filling should refer to the applicable model coupled with the development of this model with an asymmetric post-filling system. With this approach, areas with direct regional head elections will face reduction. Consequently, the areas not eligible to establish direct elections should consider another model of election.

Original languageEnglish
Pages (from-to)1-15
Number of pages15
JournalLegality: Jurnal Ilmiah Hukum
Volume32
Issue number1
DOIs
Publication statusPublished - Mar 2024

Keywords

  • legal standing
  • Post-filling
  • principle of Islamic law

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