scholarly journals Analisis Pendekatan Teks dan Konteks dalam Penentuan Pembagian Waris Islam

2013 ◽  
Vol 13 (2) ◽  
Author(s):  
Khaeron Sirin
Keyword(s):  
Social Development ◽  
Islamic Law ◽  
Inheritance Law ◽  
The Social ◽  
The Law ◽  
Over Time

Abstract: Analysis of a Text and Context Approach within the Formulation of Islamic Inheritance Distributions. For about fourteen centuries Islamic inheritance law has always been regarded as a qat‘î doctrine which covers for ijtihad and should be taken for granted. However, changes and developments over time, the existence of Islamic inheritance in the Quran have started to be claimed. To some liberalists and feminist activists, the law on Islamic inheritance is a product of salaf scholars to be regarded as rules that tend to be discriminative—just like the discrediting and prejudicing the rights of women—and not oriented towards human justice. Therefore, the provisions of Islamic inheritance need to be reviewed, even deconstructed by considering the social development of society.Keywords: Islamic law, justice, inheritance, tafsîrAbstraksi: Analisis Pendekatan Teks dan Konteks dalam Penentuan Pembagian Waris Islam. Selama lebih kurang empat belas abad hukum kewarisan Islam selalu dianggap sebagai doktrin yang bersifat qat‘î yang menutup rapat ruang ijtihad dan harus diterima secara taken for granted. Namun seiring perubahan dan perkembangan zaman, eksistensi hukum kewarisan Islam dalam Alquran mulai digugat. Oleh sebagian pemikir liberal dan aktivis feminisme, hukum kewarisan Islam produk ulama salaf dianggap sebagai aturan yang cenderung diskriminatif—semisal mendiskreditkan dan merugikan hak-hak perempuan—dan tidak berorientasi pada keadilan manusia. Karenanya, ketentuan hukum waris Islam tersebut harus ditafsir ulang, bahkan didekonstruksi dengan mempertimbangkan perkembangan sosial masyarakat.Kata Kunci: hukum Islam, keadilan, kewarisan, tafsirDOI: 10.15408/ajis.v13i2.941

scholarly journals Perubahan Sosial, Ijtihad dan Dinamika Hukum Islam

2018 ◽  
Vol 4 (1) ◽  
pp. 63-76
Author(s):  
Salamah Eka Susanti
Keyword(s):  
Social Change ◽  
Social System ◽  
Social Dynamics ◽  
Islamic Law ◽  
Social Changes ◽  
Cultural Objects ◽  
The Road ◽  
The Social ◽  
Rapid Changes ◽  
The Law

The Qur'an contains only a small number of detailed laws, while the sunna is limited to the cases that occurred in its time, so to solve new problems, ijtihad is required. In such a connection for a Muslim, new problems arising from the progress of science and technology, should not be confronted with confrontational passages, but must be solved by ijtihadi.Karena reality often occurs, that the development of society and public opinion faster the pace of the road from on the development of the law itself. The dynamics of people's lives are characteristic of change. Through the power of intention, power, and creativity, humans create cultural objects as a result of their creations. Changes that occur in society when observed can occur in various There are slow changes (evolution) and there are rapid changes (revolution). The social changes that occur in a society, directly or indirectly, affect institutions in various fields, such as government, economics, education, religion and so on. The continuation of an impact on the social system changes. When the law is faced with social change, it occupies one of its functions, which can function as a means of social control, and the law can serve as a means of social change. the characteristics of the law above is due to the inconsistency of social dynamics and the dynamics of law in the life of society. Unequaled dynamics of society and law, usually will bring social lag. From here, then comes a question whether Islamic law as a norm of God's determination can experience changes in accordance with the needs of the community? Ijtihad is an important factor for the development and development of Islamic law.Ijtihad done to answer the problems that arise in society that is not yet known legal status.ijtihad has a wide scope, the issues are not regulated explicitly dala m al-Qur'an and sunna can be done ijtihad. In order for humans to have breadth in determining its activities according to its ability, needs and environment. Therefore ijtihad in the field of Islamic law in anticipating the dynamics of society and social changes concerning the values, behavior patterns, and social system of a society is a concern in establishing Islamic law. Thus ijtihad is the third source in the development of Islamic law. Keywords: Social Change, Ijtihad, Law, Islamic.

scholarly journals The Foundational Lawlessness of the Law Itself: Racial Criminalization & the Punitive Roots of Punishment in America

Daedalus ◽  
2022 ◽  
Vol 151 (1) ◽  
pp. 107-120
Author(s):  
Khalil Gibran Muhammad
Keyword(s):  
Social Construction ◽  
Ethnic Studies ◽  
Brute Force ◽  
Behavioral Models ◽  
Social Scientists ◽  
Basic Assumptions ◽  
The Social ◽  
Legal Structures ◽  
The Law ◽  
Over Time

Abstract Empirical researchers and criminal justice practitioners have generally set aside history in exchange for behavioral models and methodologies that focus primarily on crime itself as the most measurable and verifiable driver of American punitiveness. There are innumerable legal and political questions that have arisen out of these approaches. Everything from the social construction of illegality to the politicization of punishment to the stigmatization of physical identities and social statuses have long called into question the legal structures that underpin what counts as crime and how punishment is distributed. And yet, until quite recently, the question of what history has to offer has mostly been left to historians, historically minded social scientists, critical race and ethnic studies scholars, community and prison-based activists, investigative journalists, and rights advocates. What is at stake is precisely the foundational lawlessness of the law itself. At all times, a White outlaw culture that rewarded brute force and strength of arms against racialized others unsettles basic assumptions about how we are to understand criminalization and punitiveness over time: that is, who has counted as a criminal and to what end has the state used violence or punishment?

2. Marriage and Civil Partnership

2021 ◽  
pp. 8-96
Author(s):  
Polly Morgan
Keyword(s):  
Legal Status ◽  
Public Perceptions ◽  
The State ◽  
Civil Partnership ◽  
The Social ◽  
The Law ◽  
Over Time

This chapter starts by considering how people get married, tracing the institution of marriage through history. It looks at the evolving popularity of marriage to the present day. The chapter then addresses the social and legal significance of marriage. It asks: Why does the state encourage people to marry? The chapter also looks at other ways in which relationships can be formalised under the law. Finally, the chapter turns to civil partnerships and looks at the changes in legal status to such partnerships over time. It also considers public perceptions of civil partnerships. Finally the chapter asks: Is there a future for marriage?

scholarly journals SOCIAL PROTEST MOVEMENT ISLAMIC LAW PERSPECTIVE (Critical Study of the Protest Phenomenon in Indonesia)

2021 ◽  
Vol 9 (2) ◽  
pp. 211
Author(s):  
Abdul Harris Abbas ◽  
Hasyim Aidid ◽  
Musafir Pabbabari ◽  
Marilang Marilang
Keyword(s):  
Islamic Law ◽  
Freedom Of Expression ◽  
Social Protest ◽  
Islamic State ◽  
Protest Movement ◽  
Sociological Approach ◽  
The Earth ◽  
Library Research ◽  
The Social ◽  
The Law

This study formulates three problems which include: (1) The principles of the social protest movement from the perspective of Islamic law; (2) Methods and techniques for conducting demonstrations from the perspective of Islamic law; (3) The social impact of demonstrations in Indonesia from the perspective of Islamic law. This study uses a qualitative method (descriptive-analytic). Based on the data source is library research (library research). The approach used is the sociological approach of Islamic law and the siyasah fiqh approach. In the perspective of scientific studies, these two approaches are used to understand the phenomenon of demonstrations in Indonesia based on legal arguments contained in the Qur'an and Hadith, the opinions of fuqaha' and opinions that develop (ijitahad) at a time in life. Muslims. Meanwhile, from a methodological perspective, these two approaches are used to provide an interpretation of the methodology of Islamic law on the concept and practice of demonstrations based on social movement theory and Islamic political theory. The results of this study found that: The principles of the Islamic social protest movement are built on the doctrine of rights and obligations between the people and the rulers in an Islamic state which include: the principle of hisbah; The principle of freedom of expression; The principle of deliberation; and constitutional principles. Based on the method of carrying out the demonstration, there are 2 methods, namely the exclusive method and the inclusive method. Based on the technique of holding demonstrations, there are 3 levels, namely: (1) demonstrations with the ability and strength of the masses; (2) demonstration with verbal ability and strength; (3) protest with the ability of the heart. Through the istislahi approach, that Islamic law strongly condemns all demonstration activities that cause harm to religion, soul, mind, descendants and property. On the other hand, he strongly supports all demonstration activities that uphold the five maintenances (Maqasid al-khamsah). That demonstrations are not at all motivated by passion or personal tendencies, let alone to cause damage to the earth. It is an obligation not just an appeal for those who can afford it. The law is fardu kifayah. Turning away from that obligation is the same as carrying oneself That demonstrations are not at all motivated by passion or personal tendencies, let alone to cause damage to the earth. It is an obligation not just an appeal for those who can afford it. The law is fardu kifayah. Turning away from that obligation is the same as carrying oneself That demonstrations are not at all motivated by passion or personal tendencies, let alone to cause damage to the earth. It is an obligation not just an appeal for those who can afford it. The law is fardu kifayah. Turning away from that obligation is the same as carrying oneself.

scholarly journals Position Replacement By Inheritee Who Refuses A Heritage According To Heir Civil Law Dan Islamic Heir Law

2018 ◽  
Vol 2 (2) ◽  
pp. 153-165
Author(s):  
Gibtha Wilda Permatasari ◽  
Yuliati Yuliati ◽  
Herman Suryokumoro
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Civil Law ◽  
Legal Issues ◽  
Comparative Approach ◽  
Legal Certainty ◽  
Inheritance Law ◽  
Research Journal ◽  
The Law

This research journal discusses legal issues relating to the substitution of places made by the heirs who previously rejected the inheritance which falls to him by comparison of the perspectives of civil inheritance law and Islamic inheritance law. Pursuant to Article 848 and Article 1060 of the Civil Code on the replacement of the place by the heirs who reject the inheritance and the notary's role as a general official in providing legal certainty to prevent the issue of inheritance according to the law of civil inheritance and the Islamic inheritance law. The purpose of this research is to know and to analyze whether or not the heirs who have rejected inheritance replace other heirs as well as to know the role of notary in giving legal certainty to prevent problems in the civil inheritance law and Islamic inheritance law. The research method used by the writer is the statue approach and comparative approach. Heirs who reject inheritance under civil law of inheritance cannot change place (plaatsvervulling) because the requirement of replacement of place according to the law of civil inheritance is derived from families of blood in the same degree and not reject the inheritance. The replacement of places in Islamic inheritance law is known as mawali however, Islamic law does not recognize the denial of inheritance only known in the law of civil inheritance.

Ladders and Bushes: The Problem of Caseloads and Studying Court Activities over Time

1984 ◽  
Vol 9 (4) ◽  
pp. 751-795 ◽  
Author(s):  
Stephen Daniels
Keyword(s):  
Social Development ◽  
Development Model ◽  
Social Development Model ◽  
The Past ◽  
The Social ◽  
Single Pattern ◽  
Long Term Trends ◽  
Open Question ◽  
Over Time

The “litigation explosion” has been a frequent topic of concern in both academic circles and the popular press. This idea draws its polemical power from the assumption that litigation rates were lower in the past. But we presently know little about long-term trends in court activity. This article is a critical review of the existing literature on long-term litigation trends and the social development model which scholars have posited to explain changes in litigation patterns. Whether courts are indeed facing imminent crisis because of an explosion is still very much an open question; the extant literature offers no proof of an explosion. The available data do suggest, however, that previous studies may have been overly optimistic in expecting litigation trends to follow any single pattern. The questions about litigation rates will remain open until we are able to gain a fuller understanding of the trends in court activity over time.

scholarly journals CONCEPTION OF LEGAL PROTECTION IN ISLAMIC LAW

2019 ◽  
Vol 8 (2) ◽  
pp. 185
Author(s):  
Achmad Musyahid Idrus
Keyword(s):  
Civil Rights ◽  
Islamic Law ◽  
Legal Protection ◽  
Human Beings ◽  
Human Right ◽  
Applicable Law ◽  
Legal Provisions ◽  
The Social ◽  
The Law ◽  
Legal Subjects

Legal protection is a human right which is a basic need for every human being, both human beings as legal subjects and human beings as legal objects. As legal subjects, humans have civil rights that must be implemented in accordance with applicable legal provisions. Likewise with humans as legal objects, their rights must still be protected even though they have been convicted by law. Sometimes legal protection for humans cannot be realized because the source of the applicable law does not provide legal instruments and even the protection of the law does not materialize because of the lack of understanding of the source of the law which applies in society.Islamic law as one source of law and adopted in countries like Indonesia offers the conception of legal protection in accordance with the dignity and human rights, because of the flexibility of Islamic law, so that Islamic law can be understood and adjusted to the social development of the society. Islamic law that emphasizes public benefit guarantees the legal protection needed by the community, but the values of flexibility must still be explored from the main sources of the Qur'an and the hadith of the prophet.

scholarly journals IMPLEMENTASI HUKUM DALAM PERSFEKTIF PERILAKU MASYARAKAT

2017 ◽  
Vol 14 (2) ◽  
pp. 187
Author(s):  
Azmi Sirajuddin
Keyword(s):  
Islamic Law ◽  
Good Condition ◽  
Social Climate ◽  
Attitudes And Behaviors ◽  
The Social ◽  
Key Word ◽  
And Behaviors ◽  
The Law ◽  
Legislative Assembly

Abstract               Implementation of law is the most useful for a nation and a state in a country thas has powerfull of protecting its people to do better and the best in their attitudes and behaviors when they live and do everything in order to have good connection among society in the social climate. Having understood in law is one thing to do every action based on the law either God’s law or state’s law. The functions of law are to control the human’action, to change the situation to better situation and to give justice and prosperious for people in a country. No one to disturb and make noisy till one has good condition by obeying law that is created by God and Human (Indonesian Legislative Assembly in Indonesian Contects).             By knowing and obeying law, person will get safety when they go and live. Law means regulations that manage human to surrender to that law that is created by God and Human (state). In Islamic law, law is consist of five principles, wajib (compulsory), not allowed (haram), allowed (sunnah), hate (makruh), and mubah. All those fungtions of the law always protect us/human from demage, poverty, and crime. Law is as a soul for every human and too law is as a foundation for a country to protect its people from demage, povery, and crime. Law gives freedom to do by the condition obey to the law. Who breaks the law must be funished either by low funishment or hard funishment till go to a jail to be responsible what they have done.      Key word: Implementation, law, persfektive, human’s behaviors in society

scholarly journals URGENSI PEMIKIRAN IBNU AL-QAYYIM AL-JAUZIYYAH TENTANG PERUBAHAN HUKUM TERHADAP PERKEMBANGAN SOSIAL HUKUM ISLAM DI LINGKUNGAN PERADILAN AGAMA WILAYAH SULAWESI SELATAN

2018 ◽  
Vol 16 (2) ◽  
pp. 187-207
Author(s):  
Hj. Rusdaya Basri
Keyword(s):  
Social Development ◽  
Islamic Law ◽  
Legal Theory ◽  
The South ◽  
Local Conditions ◽  
South Sulawesi ◽  
The Social

This study examines the urgency of Ibn al-Qayyim al-Jauziyyah's thinking about legal changes to the social development of Islamic law in the Religion Court area of ??South Sulawesi. The thought of Ibn al-Qayyim al-Jauziyyah concerning legal changes to the social development of Islamic law based on changes in time, place, conditions, intentions and customs. Maslahah is the principle to change of legal fatwa based on changes in time, place, circumstances, and customs that apply in a place in accordance with the goals and the benefits desired by the Shari'a. The legal theory of Ibn al-Qayyim al-Jauziyyah in general has been implemented in the ruling or legal stipulation in the Religion Court in the South Sulawesi region. The theory is implicitly used. The judge decides the case with regard to local conditions and conditions.

scholarly journals ACTUALIZATION OF ISLAMIC LAW IN MODERN LEGISLATION

2019 ◽  
Vol 7 (6) ◽  
pp. 213-222
Author(s):  
Dr. H. Umar
Keyword(s):  
Government Regulation ◽  
Islamic Law ◽  
Binding Capacity ◽  
Marriage Law ◽  
Inheritance Law ◽  
Basic Law ◽  
Statutory Law ◽  
The Law ◽  
The Republic ◽  
The Times

Islamic law in the form of legislation in Indonesia is that which is legally binding on the constitution, even its binding capacity is broader. Therefore, as an organic regulation, sometimes it is not elastic to anticipate the demands of the times and change. For example, Law Number 1 of 1974 concerning Marriage. The law contains Islamic law and is binding on every citizen of the Republic of Indonesia. Problems that occur such as in Jambi Province at this time the fiqh law which is very broad in its scope is worthy of being called "Islamic law" is marriage law, inheritance law and waqf law. Laws or provisions that are applied to administer and settle marriages, inheritance and endowments as material laws, are still diverse. Marriage and Wakaf cases are regulated in statutory law; marriage is regulated by Law No. 1 of 1974 concerning Marriage and waqf law regulated by Government Regulation No.28 of 1977; as executor of the Agrarian Basic Law of 1961. Whereas inheritance law has not been regulated by law and by itself is still guided by Jurisprudence.

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