Kesaksian Wanita Dalam Perspektif Hukum Islam dan Hukum Positif di Indonesia
Keywords:Kesaksian, Hukum Positif
AbstractThe concept of female witness can be seen in two perspectives: first from the Islamic law, and second from a positive law. In the perspective of mainstream Islamic law, most Muslim scholars favor for not giving equal status and rights for women with that of men in acting as witnesses. The inequality is found in the number of male!female witnesses. A male alone can be a witness, while for female needs to be at least two women in order to make their witnesses legally sound. In the Indonesian positive law however, such distinction of number requirement is not found, and therefore a male and or a female can be a witness.
LicenseAuthors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgment of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).