scholarly journals Criticism of Gender Mainstreaming according to Abdul Karim Zaidan in "Al-Mufassol Fi Ahkam Al-Mar'ah wa Bayt Al-Muslim"

2019 ◽  
Vol 19 (2) ◽  
Author(s):  
Abbas Sofwan Matlail Fajar ◽  
Mara Sutan Rambe
Keyword(s):  
Family Member ◽  
Islamic Law ◽  
Gender Issue ◽  
Social Economy ◽  
Gender Mainstreaming ◽  
Culture Study ◽  
Politics And Culture ◽  
Academic Problem ◽  
Regulation Changes

AbstractGender Mainstreaming is an action originated from feminism movement closely related to society changes that involves regulation changes, social, economy, politics, and culture. Study about gender issue with all kind of topic that related to religion, especially in Islam, is always catchy to be discussed. In this case, Abdul Karim Zaidan as Islamic jurist in his work “Al-Mufassol Fi Ahkam Al-Mar’ah wa Bayt Al-Muslim” discusses about a life of a woman as a family member as well as a part of society, he carries out academic problem to create an outcome that concern with changing of times, with the aim of reintroducing comprehensively to Moslem women and all Moslems about Islamic Law on women and Islamic household as taught in Islam, and clearly explaining about the rules of life of Moslem women and Moslem family.

scholarly journals Reformasi hukum keluarga di dunia Muslim

2014 ◽  
Vol 14 (1) ◽  
pp. 1
Author(s):  
Ahmad Bunyan Wahib
Keyword(s):  
Twentieth Century ◽  
Islamic Law ◽  
Family Law ◽  
Social Economy ◽  
Muslim World ◽  
Law Reform ◽  
The Reformation ◽  
Islamic Family Law ◽  
Politics And Law

This article discusses about the history and the development of family law reform in Muslim countries.This work has taken a lot benefits from Anderson’s works on Islamic law in the Muslim world for bothdata and perspective. Islamic family law reform started from the second decade of twentieth century(1915) with the issuance of two Ottoman Caliph decrees on wife rights to ask religious court to divorcethem from their husband. This reform was followed by Sudan (starting from 1916), Egypt (1920),Jordan (1951), Syria (1953), Tunisia (1956/1959), Morocco (1958), Iraq (1959), Pakistan (1961) and Iran(1967). The reformation aims to administrate the members of community in the filed of social,economy, politics, and law. From the perspective of modernization, Islamic family law reform inMuslim countries has shown the process of modernization from above.

scholarly journals ANAK ANGKAT DALAM HUKUM KEWARISAN ISLAM DAN HUKUM PERDATA

2020 ◽  
Vol 2 (1) ◽  
pp. 101
Author(s):  
Nur Aisyah
Keyword(s):  
Family Member ◽  
Islamic Law ◽  
Civil Law ◽  
Adoptive Parents ◽  
Adopted Children ◽  
Best Interest ◽  
Adopted Child ◽  
Applicable Law ◽  
Biological Children ◽  
The Status

AbstractThe issue of adoption has been determined in Islamic law and civil law. Where both legal instruments state that the adoption of a child is something that is allowed as long as it is in the best interest of the adopted child. However, problems arise regarding adoption of children associated with inheritance issues. In Islamic law and civil law have different provisions. In Islamic law the status of adopted children can’t be equated with biological children so that they can’t receive inheritance from their adopted parents. However, the adopted child is entitled to get a will from his adoptive parents provided that no more than one-third of the assets of the adoptive parents. Whereas according to the law code of civil law states that the adopted child as a family member can get the inheritance from the adoptive parents based on the provisions of the applicable law (ab instestato) or with a will (testament).Keywords: Adopted Children, Civil Law, Inheritance, Islamic Law, Mandatory Wills.AbstrakPersoalan pengangkatan anak telah ditentukan dalam hukum Islam dan hukum perdata. Dimana kedua perangkat hukum tersebut menyatakan bahwa pengangkatan anak adalah sesuatu yang diperbolehkan selama demi kepentingan terbaik bagi anak angkat. Akan tetapi muncul persoalan terhadap pengangkatan anak yang dikaitkan dengan persoalan waris. Dalam hukum Islam dan hukum perdata mempunyai ketentuan yang berbeda. Dalam hukum Islam status anak angkat itu tidak dapat disamakan dengan anak kandung sehingga tidak dapat menerima harta warisan dari orang tua angkatnya. Meskipun demikian, anak angkat tersebut berhak mendapatkan wasiat dari orang tua angkatnya dengan ketentuan tidak boleh lebih dari sepertiga harta kekayaan orang tua angkat. Sedangkan menurut kitab undang-undang hukum perdata menyatakan bahwa anak angkat sebagai anggota keluarga dapat memperoleh harta warisan dari orang tua angkatnya berdasarkan ketentuan undang-undang yang berlaku (ab instestato) ataupun dengan adanya surat wasiat (testament).Kata Kunci : Anak Angkat, Hukum Islam, Hukum Perdata, Warisan, Wasiat Wajibah.

scholarly journals KAJIAN PENDISTRIBUSIAN ZAKAT OLEH BAZNAS KOTA PADANG KEPADA MAJLIS TAKLIM BINAAN DITINJAU DARI HUKUM ISLAM

2018 ◽  
Author(s):  
Joni Zulhendra
Keyword(s):  
Family Member ◽  
Islamic Law ◽  
Economic Activities ◽  
The Poor ◽  
The World ◽  
The Right

Zakat is one of the economic activities that can alleviate poverty and also help the poor invarious parts of the world, especially Indonesia which is experiencing a multidimensionalcrisis. Therefore, zakat role in restoring the economy and society need professionalmanagement. Management of zakat is not merely be individualized from muzakki tomustahik, but carried out by a special institution that handles charity in which people meetcertain requirements called amil zakat board. The impetus in this discussion is more specificto the application of Islamic law on the study of the distribution of charity funds by amilzakat board, namely Baznas Padang. Therefore charity is part of the obligation of everyMuslim who has the ability, so this research can increase knowledge in the life as a Muslim,in accordance with Islamic teachings. This study, using field with a descriptive qualitativeapproach that describes the circumstances as they appear in the field next critically analyzedand described in the narrative. The results of this study explained that the distribution of zakatmade by Baznas city of Padang to auxiliaries majlis taklim been right on target, because the members who are members of the group were mustahik zakat tergolongan groups and destitute, come from the middle to the bottom who are having difficulty to make ends the necessities of life, children's school fees and treatment if a family member is sick. Implementation of the distribution of zakat carried out by the majlis taklim target Baznas city of Padang to its members is not appropriate, because zakat is the right of mustahik zakat used to help make ends meet, but the board of the group makes loans and indirectly mustahik zakat has been indebted to the rights that should belong to the mustahik.

WALI ADHAL DALAM PERNIKAHAN (Penyebab dan Penyelesaiannya Dalam Perspektif Hukum Islam)

Al-MAJAALIS ◽  
2020 ◽  
Vol 8 (1) ◽  
pp. 145-178
Author(s):  
Syailendra Sabdo Djati PS
Keyword(s):  
Islamic Law ◽  
Relevant Literature ◽  
Social Economy ◽  
Religion And Law ◽  
Definition Of ◽  
Voluntary Basis ◽  
Descriptive Qualitative

Marriage is a bond between humans on a voluntary basis, according to religion and law. The normative procedure for organizing a marriage is regulated in Law Number 1 of 1974 concerning Marriage. In the implementation of marriage, it must fulfill the pillars in the form of: 1. fiancé, 2. fiancée, 3. marriage guardian, 4. two witnesses and, 5. consent and acceptance. However, sometimes marriage is hindered by a guardian who is reluctant or refuses to marry off which is known as adhal.This study seeks to determine the definition of adhal and adhal guardian and its laws in Islam, the factors that cause guardian to do adhal and how it is resolved in the perspective of Islamic law. The writing method used is descriptive qualitative by looking at data in the field and studying of relevant literature. Factors that cause the occurrence of adhal can be due to fiancédoes not meet the criteria of guardian in terms of origin, nature, social, economy, as well as the  unharmonious relationship between the guardianand the woman under his guardianship, or motives for hurt toward ex-wife.The solution of adhal guardian is to use kinship persuasive advice. If this does not work, the bride and groom can ask for the appointment of a guardian to the Religious Court. After the verdict is issued, the marriage can be carried out with the magistrate guardianand registered at the KUA.

scholarly journals Analisis Yuridis Normatif dan Hukum Islam Terhadap Putusan Mahkamah Konstitusi Nomor 30-74/PUU-XII/2014 Tentang Batas Usia Perkawinan Anak (Perempuan)

2016 ◽  
Vol 3 (3) ◽  
pp. 348
Author(s):  
Hasanain Haikal
Keyword(s):  
Judicial Review ◽  
Islamic Law ◽  
Social Issues ◽  
Social Economy ◽  
Divorce Rate ◽  
Point Of View ◽  
Child Marriage ◽  
State Of Emergency ◽  
Age Limit ◽  
Age Limits

Islam knows no age limits, the foundation in this case is strong enough for the Prophet of Islam himself married Siti Aisyah at the age of 6 years. so from the point of view of Islamic law looks no gap. but Islam does not stress if the condition is in a state of emergency can be changed law will follow the situation. The Court rejected the applicant's judicial review, the Court assesses the applicant's argument is groundless and rejected applicants for all. Judges consider that the need for an age limit for women in particular adapted to many aspects, such as health, social, cultural, and economic. In fact, there is no guarantee an increase in the age limit for women to marry from 15 to 18 years would reduce the divorce rate, tackling health problems, as well as other social issues. To prevent child marriage is a big issue, according to the Court not only by the limitations of age alone. There is a possibility, if it is based on various aspects of the development of social economy, culture, and technology, 18 years of age can be lower or even higher.

scholarly journals PEMBAGIAN WARIS PADA KELUARGA ISLAM (STUDI KASUS DI DUSUN WONOKOYO KELURAHAN MENGANTI KECAMATAN MENGANTI KABUPATEN GRESIK)

2020 ◽  
Vol 2 (2) ◽  
pp. 35
Author(s):  
Mizatul Khaula ◽  
Ahmad Subekti ◽  
Dzulfikar Rodafi
Keyword(s):  
Data Collection ◽  
Qualitative Methods ◽  
Family Member ◽  
Distribution System ◽  
Islamic Law ◽  
Customary Law ◽  
Inheritance Law ◽  
Interview Method ◽  
Observation Method ◽  
Data Collection Procedure

Provisions for the distribution of inheritance for people left by the testator have been outlined in the Qur'an and the Hadith of the Prophet in detail and clearly. The verses of the Qur'an and the Hadith of the Prophet directly regulate inheritance and without ignoring someone at all. From the background of the research above, the researcher formulated the problem, namely regarding the view of Islamic law on the distribution of inheritance systems in Muslim families and the practice of inheritance among Muslim families. The method of study in this paper uses qualitative methods. Data collection procedure is done using the observation method, interview method, and documentation methods. In this study shows that the view of Islamic law on the distribution system of inheritance in Muslim families still more or less using customary inheritance law, but prioritizing using Islamic inheritance law first. And in the distribution system uses what is already listed in the Qur'an and al-Hadith. In practice, if there is a family member who has not agreed on the distribution, then it is shared evenly or by family agreement. the conclusion is that the distribution system of inheritance is in accordance with Islamic law, because there is no quarrel between heirs. in practice, there are still a few that use customary law or are equally between men and women.Keywords: Inequality, Inheritance, Islamic LawProvisions for the distribution of inheritance for people left by the testator have been outlined in the Qur'an and the Hadith of the Prophet in detail and clearly. The verses of the Qur'an and the Hadith of the Prophet directly regulate inheritance and without ignoring someone at all. From the background of the research above, the researcher formulated the problem, namely regarding the view of Islamic law on the distribution of inheritance systems in Muslim families and the practice of inheritance among Muslim families. The method of study in this paper uses qualitative methods. Data collection procedure is done using the observation method, interview method, and documentation methods. In this study shows that the view of Islamic law on the distribution system of inheritance in Muslim families still more or less using customary inheritance law, but prioritizing using Islamic inheritance law first. And in the distribution system uses what is already listed in the Qur'an and al-Hadith. In practice, if there is a family member who has not agreed on the distribution, then it is shared evenly or by family agreement. the conclusion is that the distribution system of inheritance is in accordance with Islamic law, because there is no quarrel between heirs. in practice, there are still a few that use customary law or are equally between men and women. Keywords: Inequality, Inheritance, Islamic Law

scholarly journals HUKUM ISLAM DAN DINAMIKA FEMINISME DALAM ORGANISASI NAHDLATUL ULAMA’

Al-Ahkam ◽  
2013 ◽  
Vol 23 (1) ◽  
pp. 37
Author(s):  
Musdah Mulia
Keyword(s):  
Islamic Law ◽  
Gender Mainstreaming ◽  
Feminist Movement ◽  
Women And Gender ◽  
The Public ◽  
History Of ◽  
Nahdlatul Ulama ◽  
The Public Sphere ◽  
And Gender

The development of the feminist movement has significantly demonstrated in the history of the Nahdlatul Ulama’ (NU) organization. In the midst of the discriminatory issues against women and gender mainstreaming bias, NU consciously and courageously opens up to make space for an expanded discussion of the role of women even in the area of Islamic law (fiqh), which is considered sacredly. Not only in theoretical-normative, but also NU showed consistency in the implementation for the ideas of women roles in the public sphere significantly, although a number of issues is still on the agenda of feminist struggle in the Muslimah community, such as violence against women in the household (domestic violence) and gender mainstreaming issues in a variety of positions in the executive, legislative, and judicial branches of government as well as other strategic institutions. The certain thing is that the feminist movement in Indonesia showed a significant effect on the changes in the political, social, legal, and economical areas.

scholarly journals Gender Mainstreaming dalam al-Qur’an Hadis dan Relevansinya Terhadap Epistemologi Hukum Islam

2018 ◽  
pp. 181
Author(s):  
Athoillah Islami
Keyword(s):  
Gender Equality ◽  
Islamic Law ◽  
Gender Mainstreaming ◽  
Gender Relation ◽  
Legal Doctrine

This study explains about principle of gender relation on the main resource of Islamic law (Qur’an-Hadith) and their implications in the epistemology of Islamic law. This study states that the Qur’an and Hadith have the same moral message in respecting and upholding the principle of gender equality in all aspects of life. Therefore, it’s principle should be used as principle on the interpretation of Qur’an and Hadith in finding the contruction of Islamic legal doctrine whic is fair gender.    

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