ANALYSIS OF THE DIFFERENCES IN THE CONCEPT OF LEGAL OBJECTS IN ISLAMIC LAW AND JURISPRUDENCE

Abstract

One of the most important aspects in the treasury of legal science and Islamic law concepts is related to the discourse of legal objects. Legal science and Islamic law place legal objects in a strategic position and in Islamic law legal objects are one of the elements of Islamic law, besides judges (as law makers) and legal subjects (mukallaf). However, there are significant differences in the concept of legal objects in the perspective of legal science and Islamic law. Thus, it is necessary to explain how the concept of legal objects and legal science and Islamic law differ. The type of research used is normative research (legal studies), analyzing the concept of legal objects in legal science and Islamic law. The results of the study show that in the perspective of legal science, private legal objects are objects (zaak) or rights that are useful and can be controlled by legal subjects, while in the realm of public law, legal objects are everything that is useful or valuable for the public interest or the general public, an example of a legal object in the field of public law in the criminal realm is the legal sanctions given to convicts, in constitutional law the object of law is a legal entity in the public sector such as the state to the lowest government. While the object of law in Islamic law is a human legal act or event that is attached to the law.