PRINCIPLES REGULATION LEGISLATION
1.
The principle of lex superior derogate legi inferior (higher disregard
lower), used when there is a conflict, in this case the note is a
hierarchy of legislation, for example when there is a conflict between
Pemarintahan Regulation (PP) with Act then used is Law - Law Act because the position is higher in rank than the PP.
2. The principle of lex specialis derogat legi generalist (which means
that special rules mengeyampingkan more general rule. For example, when
it made an agreement, then that becomes lex is a contract (written
agreement) between the two sides, while the lex generalisnyaadalah Civil
Code
3. The principle of lex posterior derogat legi priori (which means
that the new rules put aside the old rules), this principle is used when
there is a conflict between aturn the same rank, for example, Act 40 of
2007 on limited liability company waives Act No. 1 of 1995
4.
The principle of non-retroactivity, which means Law / Pertaturan should
not be retroactive, that a law can not be applied to a case where the
Act has not been established
Tuesday 17 September 2013
Minangkabau culture That is contradictory to the Islamic Sharia
Personal tasks Indonesian About Articles In Write by Andi Eka Putra
Science Department of the Faculty of Islamic Theology Qur'an and Tafseer
Semester 1 Room 1ABy titleMinangkabau culture That is contradictory to the Islamic Sharia
Minang kbau is one of the Tribe in Indonesia are arriving in West Sumatra. As in other areas in Indonesia which has a variety of uniqueness in terms of both traditions and cultural mores, minang Kabau also have such things. One of the unique well-known in Indonesia and also in the world, the tradition of commemorating ten muharoman by holding a traditional ceremony called Tabuik ceremonies are often held in the coastal city of Pariaman, where exactly on this date of the grandson of the Prophet Muhammad. Died Hasan and Husain. Not quite up there, than there is also a well-known culinary now both in Indonesia and also in the world Malaisya State had even claimed that this cuisine comes from the Country, it is a culinary Rendang.
Another uniqueness is also arise from events marriage, which each are married should not be married to someone who has a tribe with him, as one of the tribes in Minang Kabau which tribe Mandailiang, if the groom tribes Mandailaing then the bride must have tribes other than tribal bridegroom. If this rule is violated, the penalty will be given by the head of customs in the form of slaughter a buffalo or cow and also pay fines that have been set by the head of customs is, if it is not fulfilled then they will be exiled from the area, with the word else they will be expelled from the area Minang Kabau, Barat.Tradisi Sumatra is unique but is contrary to the teachings of the Islamic religion. Islam forbids its adherents never marry someone who has the same tribe with him. In the Al-Quran has clearly stated that the rate of marriage se is not prohibited although it is not mentioned directly that it's been allowed to marry tribesmen. But what happened in Minang Kabau this tradition still applied even though the clause has been stated so, because this tradition has existed since the days of their ancestors.
Minang Kabau upholds their customs, but because too fanatic with a tradition that has existed in the days of their ancestors so that they ignore the word of God clearly does not prohibit married to the tribe, it indicates the position of customs or traditions in Minang Kabau more higher than the position of the Qur'an. Tradition in an area that should have been done do not conflict with the Qur'an and the Sunnah of the Prophet Muhammad. because in the Islamic legal sources apart from the Qur'an, the Sunnah of the Prophet, ijma 'of the Sahaba, and also in establishing a legal Qiyas to a problem of worship, there are also other sources of Islamic law which is in use by the Companions and the Tabi' in his day, namely Al 'Urf (tradition or culture).
Science Department of the Faculty of Islamic Theology Qur'an and Tafseer
Semester 1 Room 1ABy titleMinangkabau culture That is contradictory to the Islamic Sharia
Minang kbau is one of the Tribe in Indonesia are arriving in West Sumatra. As in other areas in Indonesia which has a variety of uniqueness in terms of both traditions and cultural mores, minang Kabau also have such things. One of the unique well-known in Indonesia and also in the world, the tradition of commemorating ten muharoman by holding a traditional ceremony called Tabuik ceremonies are often held in the coastal city of Pariaman, where exactly on this date of the grandson of the Prophet Muhammad. Died Hasan and Husain. Not quite up there, than there is also a well-known culinary now both in Indonesia and also in the world Malaisya State had even claimed that this cuisine comes from the Country, it is a culinary Rendang.
Another uniqueness is also arise from events marriage, which each are married should not be married to someone who has a tribe with him, as one of the tribes in Minang Kabau which tribe Mandailiang, if the groom tribes Mandailaing then the bride must have tribes other than tribal bridegroom. If this rule is violated, the penalty will be given by the head of customs in the form of slaughter a buffalo or cow and also pay fines that have been set by the head of customs is, if it is not fulfilled then they will be exiled from the area, with the word else they will be expelled from the area Minang Kabau, Barat.Tradisi Sumatra is unique but is contrary to the teachings of the Islamic religion. Islam forbids its adherents never marry someone who has the same tribe with him. In the Al-Quran has clearly stated that the rate of marriage se is not prohibited although it is not mentioned directly that it's been allowed to marry tribesmen. But what happened in Minang Kabau this tradition still applied even though the clause has been stated so, because this tradition has existed since the days of their ancestors.
Minang Kabau upholds their customs, but because too fanatic with a tradition that has existed in the days of their ancestors so that they ignore the word of God clearly does not prohibit married to the tribe, it indicates the position of customs or traditions in Minang Kabau more higher than the position of the Qur'an. Tradition in an area that should have been done do not conflict with the Qur'an and the Sunnah of the Prophet Muhammad. because in the Islamic legal sources apart from the Qur'an, the Sunnah of the Prophet, ijma 'of the Sahaba, and also in establishing a legal Qiyas to a problem of worship, there are also other sources of Islamic law which is in use by the Companions and the Tabi' in his day, namely Al 'Urf (tradition or culture).
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