Hakim Menurut Risalah Alqadha Umar Bin Khottob Dan Hukum Acara

Abstract

This research focuses on the principles or mandates of judges in carrying out their work according to the Minutes of Al Qadha Umar Bin Khattab and the Procedural Law and what are the sources of law in making decisions. The method used is the literature review method. The sources of the literature reviewed in this paper are in the form of books researched by journals and other

scientific articles. The results of the study show that according to the treatise of Al Qadar Umar Bin Khattab and procedural law in carrying out the implementation there are several principles, among others, understanding the subject matter and giving a decision, a fair judge, giving the parties the opportunity to bring evidence of peace issues (ishlah), correcting decisions that are wrong, False Witnesses and Prohibition to try, Stay away from angry attitudes, confused thoughts, boredom, Purity of intention as a judge. Umar's messages in all of his treatises to judges are: The importance of judges understanding the main points of contention, The firmness of a judge to carry out and convey his decision, Equality of position between disputing parties in the eyes of the law and judges, There is a burden of proof in investigating problems, Holding peace efforts, Improving decisions erroneous, Knowledge of the law and the ability of judges to apply the law through ijtihad and qiyas, Suspension of court proceedings, Honesty of witnesses, Exemption from charges for the accused, Patience of judges and the importance of cold thinking, Loyalty and purity of intention as a judge, Great motivation and reward for judges be honest. Sources of judicial law are Al-Qur'an, As-Sunnah, ijtihad, ijma', qiyas, previous court decisions, Books of statutes as written law, Customary heads and religious advisors, Sources of jurisprudence, Writings scientific law experts, and books of other science.