A Review on Garnishments from Legal and Juridical Perspectives

Abstract

This research aims to investigate the term "garnishment" from legal and juridical perspectives. This research used a descriptive-analytical methodology and employed library resources. The results show that from a legal perspective, specific conditions have been considered in issuing a garnishment that takes into account the rights of the accused, but still in legal literature, this act is in contrast with the freedom principle and presumption of the innocence. Just like summoning and temporary detention, a garnishment not only does not have any place within religious rules; but also general jurisprudence and especially what is deducted from the context of being arrested on the charges of murder say that you shouldn't arrest someone or require them to be present or make them offer collateral or bail. However, Jurisprudential Documents show that issues such as temporary detention and determining bail in order to make things clear have a jurisprudential background. Also, jurisprudential texts mention the requirement for bail and arresting the defendant if there is a witness. From these texts, we can mention the jurisprudential principles of garnishments. Maybe we can ratify and implement this in positive law that is determined and written by people as a "social contract" which can be deemed correct based on the principle that says "the believer must abide by his commitments." However, when Sharia disagrees with the same law, then we can no longer choose people's wills over a Sharia legislator in an Islamic society. Therefore, issues related to "garnishments" have no jurisprudential significance in terms of primary sentences, unless they are a "religious order" from a Mujtahid, then they can be considered as compatible with Sharia laws.