scholarly journals AL MAQASHID AL SYAR’IYYAH SEBAGAI BAGIAN DARI AL QAWA’ID AL USHULIYYAH AL TASYRI’IYYAH

2020 ◽  
Vol 8 (2) ◽  
pp. 84-96
Author(s):  
Nasril Albab Mochamad
Keyword(s):  
Legal Argument ◽  
Marriage And Divorce ◽  
The Law

The basic thought of maqashid has existed since the time of the companions, even when the Prophet was still living with them. If it is said that maqashid and maslahah are closely related, then it can be said that the forerunner of thoughts related to the concept of maqashid also departed from the thought of the argument of syara 'and its use as maslahat becomes an important consideration as a legal argument when there is no sharih text from the Qur'an or hadith and ordered to perform ijtihad. It is in this ijtihad process that a mujtahid bases his thoughts on the consideration of goodness during the stipulation of the law. If there is maslahat, there is the law of Allah SWT and vice versa, if there is madharat, then the prohibition will be taken by a mujtahid. Caliph Umar ra's policy based on a maqashid approach was not less than forty issues, all of which could be classified into several groups; regarding property (amwal), had and punishments and consequences (hudud wa 'uqubat), marriage and divorce (zawaj wa thalaq), inheritance (mirats) and other problems.

THE 2017 AMENDMENTS TO THE LAW REFORM (MARRIAGE AND DIVORCE) ACT 1976: A MILESTONE OR A STONE’S THROW IN THE DEVELOPMENT OF MALAYSIAN FAMILY LAW?

2020 ◽  
Vol 28 (2) ◽  
pp. 449-479
Author(s):  
Sridevi Thambapillay
Keyword(s):  
Child Custody ◽  
Family Law ◽  
Law Reform ◽  
The Real ◽  
The Past ◽  
Marriage And Divorce ◽  
Conversion To Islam ◽  
Family Issues ◽  
The Law ◽  
Muslim Family

The Law Reform (Marriage and Divorce) Act 1976 (LRA) which was passed in 1976 and came into force on 1st March 1982, standardized the laws concerning non-Muslim family matters. Many family issues concerning non-Muslim have emerged ever since, the most important being the effects of unilateral conversion to Islam by one of the parties to the marriage. There has been a lot of public hue and cry for amendments to be made to the LRA. After much deliberation, the Malaysian Parliament finally passed the amendments to the LRA in October 2017, which came into force in December 2018. Although the amendments have addressed selected family law issues, the most important amendment on child custody in a unilateral conversion to Islam was dropped from the Bill at the last minute. Howsoever, at the end of the day, the real question that needs to be addressed is whether the amendments have resolved the major issues that have arisen over the past four decades? Hence, the purpose of this article is as follows: first, to examine the brief background to the passing of the LRA, secondly, to analyse the 2017 amendments, thirdly, to identify the weaknesses that still exist in the LRA, and finally, to suggest recommendations to overcome these weaknesses by comparing the Malaysian position with the Singaporean position. In conclusion, it is submitted that despite the recent amendments to the LRA, much needs to be done to overcome all the remaining issues that have still not been addressed.

scholarly journals PENEMUAN HUKUM OLEH HAKIM DALAM PRAKTEK HUKUM ACARA DI PERADILAN AGAMA

2013 ◽  
Vol 2 (2) ◽  
pp. 189
Author(s):  
Abdul Manan
Keyword(s):  
Analytical Techniques ◽  
Judicial Power ◽  
Legal Argument ◽  
Court Judge ◽  
Legal Provisions ◽  
The Law ◽  
Law And Justice ◽  
Article 5 ◽  
Religious Courts

The court essentially banned refused to examine, decide a case filed with no legal argument or less clear, but obliged to examine and judge ". Provisions of this chapter gives the sense that as major organs Court judge and as executor of judicial power is obligatory for the Judge to find the law in a case despite legal provisions do not exist or are less clear. Law No. 48 of 2009 Article 5 (1) explains that "Judges shall multiply, follow and understand the values of law and justice that lives within the community. the judges in the religious court in making decisions on matters that should be examined and judged using the technique of taking decisions which include Analytical Techniques, Technical equatable, and techniques syllogism. Keywords: Rechtsvinding, Justice, Law Events, Religious Courts.

Law of Persons

2019 ◽  
pp. 73-127
Author(s):  
V.C. Govindaraj
Keyword(s):  
Muslim Women ◽  
Muslim Woman ◽  
Marriage And Divorce ◽  
The Law ◽  
Matrimonial Law

This chapter deals with the law relating to marriage and divorce, as interpreted and applied by courts in India. Marriage involves many topics/processes such as celebration, divorce, nullity, etc., and each one is accorded a different treatment by the concerned law. The following topics/processes under each matrimonial law are discussed: pre-solemnization requisites; solemnization; divorce; marriages solemnized under the Foreign Marriages Act, 1969; the conversion of spouses of the Hindu, Christian, and Parsi marriages to Islam, and right to polygamy after such conversion; conversion of Muslim women from Islam after dissolution of marriage under Muslim Law; and rights of a Muslim woman to seek divorce and maintenance.

The Law of Personal Status: Wives, Paupers, and Slaves

2019 ◽  
pp. 173-212
Author(s):  
Lawrence M. Friedman
Keyword(s):  
United States ◽  
Civil Rights ◽  
Common Law ◽  
White Men ◽  
The United States ◽  
Political Rights ◽  
Poor Laws ◽  
Marriage And Divorce ◽  
The Common ◽  
The Law

This chapter discusses the law on marriage and divorce, family property, adoption, poor laws and social welfare, and slavery and African Americans in the United States. In the colonial period, the United States had no courts to handle matters of marriage and divorce. Marriage was a contract—an agreement between a man and a woman. Under the rules of the common law, the country belonged to the whites; and more specifically, it belonged to white men. Women had civil rights but no political rights. There were no formal provisions for adoption. A Massachusetts law, passed in 1851, was one of the earliest, and most significant, general adoption law. The so-called poor laws were the basic welfare laws.

A Treatise on the Law of Marriage and Divorce

1924 ◽  
Vol 33 (4) ◽  
pp. 454
Author(s):  
Karl Nickerson Llewellyn ◽  
Frank H. Keezer
Keyword(s):  
Marriage And Divorce ◽  
The Law

A Milestone in the Integration of Personal Laws: The new Law of Marriage and Divorce in Tanzania

1972 ◽  
Vol 16 (1) ◽  
pp. 19-39 ◽  
Author(s):  
James S. Read
Keyword(s):  
East African ◽  
Basic Scheme ◽  
Marriage And Divorce ◽  
The Law ◽  
Draft Bill

When the Commission on the Law of Marriage and Divorce in Kenya presented its Report in 1968, the basic scheme of its proposals, and the draft Bill it had prepared for the reform and integration of the laws, were widely welcomed and it has been a disappointment to many—not least, it may be supposed, to the members of the Commission—that four years have passed without those proposals having been translated into statutory form in Kenya. It is a little ironic, though no doubt an interesting example of East African inter-dependence, that the essential basis of those proposals, and indeed in many respects the detailed draft provisions which accompanied them, have now been given their first legislative effect not in Kenya but in Tanzania.

The Law of Succession in Zambia: Recent Proposals for Reform

1983 ◽  
Vol 27 (2) ◽  
pp. 162-168 ◽  
Author(s):  
Simon Coldham
Keyword(s):  
Customary Law ◽  
First Report ◽  
Marriage And Divorce ◽  
The Law ◽  
The Government ◽  
Law Of Succession ◽  
Near Future

The 1982 Report on the Law of Succession (the Report) was the first report to be published by the Law Development Commission (the Commission) sinceit was established in 1974. This almost certainly indicates the importance which the government of Zambia attaches to the reform of the law of succession, and perhaps marks a change of attitude on its part towards customary law, which could also have implications for the law of marriage and divorce. Statements by government ministers indicate that legislation along the lines proposed by the Commission is likely in the near future. It seems appropriate, therefore, to appraise these proposals and to compare them with reforms carried out elsewhere in Commonwealth Africa.

scholarly journals FAMILY MEDIATION IN ASIA: A SPECIAL REFERENCE TO THE LAW AND PRACTICE IN MALAYSIA

2012 ◽  
Vol 15 (1) ◽  
Author(s):  
Nora Abdul Hak
Keyword(s):  
Hong Kong ◽  
Special Reference ◽  
Law Reform ◽  
Asian Countries ◽  
Family Mediation ◽  
Marriage And Divorce ◽  
The Law

This article seeks to discuss in general the practice of family mediation in some selected Asian countries. For this purpose the practice in Singapore, China, Japan and Hong Kong is described. However the focus of the article is the law and practice of conciliation in Malaysia which are governed by the Law Reform (Marriage and Divorce) Act, 1976. Some issues pertaining to the position of the non-Muslims in Malaysia are also highlighted.

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