scholarly journals AKAR PEMIKIRAN REALISME DALAM HUKUM ISLAM

Asy-Syari ah ◽  
2016 ◽  
Vol 17 (1) ◽  
Author(s):  
Anwar Sofiyudin Yusuf
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
The Law ◽  
Magnetic Poles ◽  
As If

Talking about realism in Islamic law, it is still a very interesting to be studied, especially if it confronted to the characteristic of idealism in Islamic law. As if they become two magnetic poles which will never be united, realism can be a threat to the ideals of Islamic law itself. In the idealism view, reality must be subject to the law, but in realism view, it is the opposite, it mean that the law should follow reality. However, it is not important whether the law follows the reality or otherwise. The faithful law should follow reality. Because in the end, the legal system is needed to be resolved in every case that occurs in the community. Sosial reality in fact be an important entity in influencing the formation of Islamic law, in the form of fatwas of scholars, Judges decision or the books of fiqh, and not least the Quran and Hadith.

scholarly journals PREWEDDING PHOTO PROCESSION AND THE ROLE OF THE FAMILY IN THEM

2020 ◽  
Vol 10 (2) ◽  
pp. 246
Author(s):  
Aulil Amri
Keyword(s):  
Islamic Law ◽  
Religious Values ◽  
Religious Knowledge ◽  
The Family ◽  
Marriage Contract ◽  
The Law ◽  
Husband And Wife ◽  
As If

In Islamic law, pre-wedding photos have not been regulated in detail. However, pre-wedding photo activities have become commonplace by the community. It becomes a problem when pre-wedding is currently done with an intimate scene, usually the prospective bride uses sexy clothes and is also not accompanied by her mahram when doing pre-wedding photos. Even though there have been many fatwas and studies on the limits of permissibility and prohibition in the pre-wedding procession.The results show that the pre-wedding procession that is carried out by the community in terms of poses, clothes, and also assistance in accordance with Islamic law, the law is permissible. However, it often happens in the community to take photos before the marriage contract with scenes as if they are legally husband and wife and the bride's family knows without prohibiting, directing, and guiding them according to Islamic teachings. In this case the role of the family is very important, we as parents must understand the basis of religious knowledge and how to instill religious values in our children since childhood is the key to this problem dilemma.

scholarly journals Human rights in Muslim law: current issues

2021 ◽  
pp. 12-16
Author(s):  
I.I. Maryniv ◽  
K.R. Malik
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Skin Color ◽  
Islamic Law ◽  
Social Background ◽  
Positive Law ◽  
Muslim Countries ◽  
General Principles Of Law ◽  
The Law ◽  
Islamic Society

The article is devoted to the study of the peculiarities of the legal system of Muslim countries. The author analyzes the essence of the concept of human rights and freedoms in Muslim law, as well as comparative characteristics with the Western legal system. The general principles of law in the Muslim system, due to the peculiarities of its historical formation, establish the criteria of conformity of positive law to the values of a particular society, limiting the action of a law to generally accepted moral criteria. It is noted that certain aspects of Sharia have different meanings for followers of Islam and those who do not adhere to this faith. In a ratio religious and secular rules of conduct operate differently. The author points out that in the theory of Muslim law, all people are equal regardless of their social background, skin color or language. It also speaks of the equality of all before the law and the court, but in practice a completely different situation arises. The article analyzes the disrespect for women's rights and the fact that women are essentially unprotected in Islam. It is noted that human rights, which should be universal in nature, were neglected by delegates to the 1993 UN Human Rights Conference in Vienna. In view of this, Islamic society is faced with the question: either Islam and Sharia, or democracy and human rights. At the same time, no explanation was given as to why one should be chosen over the other. The author proposes to gradually incorporate Muslim law into the law of Western countries, but only with respect for the national and cultural peculiarities of the East. It also highlights the importance of developing categories of human rights in the Muslim legal system, taking into account the standards of the Western concept of human rights and conducting a detailed study of Islamic law, rather than simply adding Western notions of natural human rights to Muslim law.

scholarly journals Positivisasi Syariah di Indonesia, Legalisasi atau Birokratisasi?

2018 ◽  
Vol 15 (3) ◽  
pp. 592
Author(s):  
Pepen Irpan Fauzan ◽  
Ahmad Khoirul Fata
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
The Body ◽  
Positive Law ◽  
National Legal System ◽  
The Law ◽  
Islamic Society ◽  
The Ideal

Tulisan ini mengkaji pemberlakuan hukum syariah sebagai bagian dari hukum nasional Indonesia. Ada dua permasalahan pokok yang dibahas: pertama, bagaimanakah posisi hukum Islam dalam tubuh hukum nasional? Kedua, apakah legalisasi syariah telah mencerminkan idealitas hukum syariah bagi masyarakat Islam Indonesia? Untuk membahas dua permasalahan ini, penulis memfokuskan pada UU tentang Zakat, wakaf dan haji. Dari kajian yang penulis lakukan, dapat disimpulkan beberapa hal: pertama, keberadaan UU terkait zakat, wakaf dan haji merupakan perwujudan penerimaan sistem hukum Indonesia terhadap pemberlakuan hukum Islam sebagai bagian integral dari hukum nasional. Kedua, meski telah masuk dalam sistem hukum nasional, namun UU tentang zakat, wakaf dan haji mempunyai kekuatan dan kelemahan. Kekuatannya terletak bahwa hukum Islam telah menjadi hukum positif, sehingga pemberlakuannya menjadi mutlak di tengah masyarakat. Kelemahannya, UU itu lebih menitikberatkan pada persoalan administratif, dari pada mandatory. Konsekuensinya, UU tersebut tidak lebih dari sekedar birokratisasi-syari’ah.This paper examines the implementation of sharia as part of Indonesian national law. There are two main issues that are discussed: first, what is the position of Islamic law in the body of national law? Second, does the legalization of sharia reflect the ideal of shariah for Indonesian Islamic society? To discuss the two issues, the authors focus on the Law on Zakat, wakaf and hajj. From the writer's study, it can be concluded: First, the existence of the zakat, wakaf and hajj laws is the embodiment of acceptance of Indonesian legal system towards the implementation of Islamic law as an integral part of national law. Second, although it has been included in the national legal system, the Law of zakat, wakaf and hajj has strengths and weaknesses. Its strength lies in that Islamic law which has become a positive law, so its enforcement becomes absolute in society. The weakness is that the Law focuses on administrative matters rather than mandatory. Consequently, the law is nothing more than a shari'ah-bureaucratization.

scholarly journals MEMBUMIKAN HUKUM ISLAM DI INDONESIA

2016 ◽  
Vol 14 (2) ◽  
Author(s):  
Muhammad Fahmi Al Amruzi
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Public Life ◽  
Legal Order ◽  
National Legal System ◽  
Strategic Position ◽  
The Law

The existence of Islamic law in Indonesia has long earned a place in public life. It is the law established in the midst of society and even became the official legal state at the time of Islamic kingdoms until the beggining of VOC. When the Dutch managed to take over all the power of the Islamic kingdoms, the Islamic law began to be abolished gradually. After independence, Indonesian people began to dig his own laws independently and Islamic laws still exists and getting stronger. The Islamic law has its own power which can take the form in legisation, jurisprudence and public legal awareness. Islamic law has an important strategic position in the formation and preparation of Indonesia's national law. One effort to incorporate Islamic law into the national legal order is through the transformation of the values of Islamic law into the Indonesian National Legal System.

scholarly journals ANALISIS HUKUM ISLAM TERHADAP PRAKTIK ABORSI BAGI KEHAMILAN TIDAK DIHARAPKAN (KTD) AKIBAT PERKOSAAN MENURUT UNDANG-UNDANG NOMOR 36 TAHUN 2009 TENTANG KESEHATAN

2010 ◽  
Vol 40 (2) ◽  
pp. 185
Author(s):  
Titik Triwulan Tutik
Keyword(s):  
Social Norms ◽  
Legal System ◽  
Islamic Law ◽  
Health Law ◽  
The People ◽  
Criminal Conduct ◽  
As If

AbstrakAbortion practice could be noted as hidden phenomenon by its enigmatic andmore over is layered by the actor, community also government. Obstructionitself is under bearing of legal system, social norms, culture, religion thoseliving in the people lifes. Under her research the author sets up reconfimationthat both Islamic Law and Health Law have same dogma thatabortion practice is criminal conduct. But under specific circumstanceabortion possibly will be achieved. That might is ought to refers to medicalethic as if then in pratice should not worse impact to the woman whomraped. Under Islamic Law preference is also ought to refers to stipulatedsyar'i.

scholarly journals The Rights and Obligations of Spouses in Islamic Classic Law

2013 ◽  
Vol 3 (2) ◽  
pp. 183
Author(s):  
Dr.Sc. Juelda Lamçe
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Common Law ◽  
Civil Law ◽  
The Third ◽  
The Past ◽  
Parent Relationship ◽  
The Law

Islamic Law, the third largest global legal system, next to Civil Law and Common Law, has been far -back subject of an increased interest to the academics.  Its main peculiarity is the absorption of theology in the law. There is no clear borderline between juridical and religious regulation. For this reason it is important to understand how certain legal institutes where regulated in the past. In fact, Islamic classic law despite its later evolution is considered the most authoritative legal source, because closest to the Divine Revelation.With regard to the rights and obligations of spouses, they’re conceived in terms of complementary, while their equality is interpreted in terms of moral and spiritual rights and obligations. In order to better comprehend their rights and obligations, it is necessary to analyze the different roles of gender inside the Islamic family.Given the premises, this paper will focus on specific rights and obligations between spouses and with regard to the child-parent relationship. In particular, it will treat the meaning of the supremacy or authority of the man to the woman; the rights and obligations that they have towards the children born in and out of wedlock; the questions on the practice of the polygyny.

scholarly journals SUCCESSION RIGHT OF THE CHILD BORN OUT OF WEDLOCK: AN APPRAISAL OF THE NIGERIAN LAW ON LEGITIMIZATION AND THE ISLAMIC LAW

2021 ◽  
pp. 41-57
Author(s):  
Jamiu Kayode
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Biological Father ◽  
Natural Justice ◽  
Social Challenge ◽  
Putative Father ◽  
The Law ◽  
The Right ◽  
Presence Of People ◽  
Diverse Culture

Succession is a common social challenge. Different people have different approach to it. Pluralism is a feature of Nigerian Legal system due to the presence of people of diverse culture, religion and language. Inheritance of a child born out of wedlock is especially knotty. The law had denied him the right to inherit from his putative father until 1979 when the Nigeria Constitution proscribed discrimination against any Nigerian on the basis of the circumstances of their birth. The same provision is preserved in the 1999 Constitution. The effect is that once the putative father acknowledges the child he is entitled to succeed to his father’s estate after his demise. Shari’ah, the Islamic law, is another system of law in Nigeria which is applicable to the Muslims. Most Muslim jurists hold the opinion that a child born out of wedlock can only inherit from his mother. This opinion is not consensual though. A significant minority has held that the child can inherit from his biological father after acknowledgement. Views of the two schools of thought in this matter were examined in this paper. It was discovered that the opinion that the child born out of wedlock can inherit both parents after legitimation through acknowledgement is preponderant and in tandem with the provision of the Nigerian Constitution and natural justice.

scholarly journals De-Secularizing Legal Education in Indonesian Non-Islamic Law School: Examining The �Intorduction to Jurisprudence� Textbooks on The �Norm Classification� Chapter

2018 ◽  
Vol 1 (2) ◽  
pp. 135 ◽  
Author(s):  
Fajri Matahati Muhammadin ◽  
Hanindito Danusatya
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Legal Education ◽  
Law School ◽  
Law Students ◽  
Literature Study ◽  
Law Schools ◽  
The Law ◽  
Undergraduate Programs

The Indonesian legal system is not secular, but the legal education in non-Islamic universities are secular. This article will highlight the �Introduction to Jurisprudence� course (ITJ) at law undergraduate programs. More specifically, one chapter will be analyzed i.e. �Classification of Norms� because it is an early fundamental chapter in ITJ which shapes the jurisprudential reasoning of the law students. This article uses a literature study to observe the most used textbooks for the (ITJ) course in the top law schools in Indonesia. It will be found that the approached used by these textbooks are secular and incompatible with the Indonesian non-secular legal system. Islamization of knowledge is needed to �de-secularize� this �Classification of Norms� chapter.

scholarly journals TRANSFORMATION OF ISLAMIC LAW ON THE NATIONAL LEGAL SYSTEM IN INDONESIAN CONSTITUTIONAL PERSPECTIVE

2012 ◽  
Author(s):  
Zainal Arifin Hoesein
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Systems Approach ◽  
Human Reason ◽  
Moral Principles ◽  
The World ◽  
National Legal System ◽  
The Law ◽  
Law And Justice ◽  
Functional Purpose

Law is the accumulation of rational ideas in response to community development that was born based on the idea of universality and morality. The idea of universality provides a justification for the enactment of basic human freedoms and recognition of basic human rights in the life of the country. Similarly, the idea of morality is that moral principles are general and can be analyzed by human reason. The second idea is the essence of it is used as a basic idea about the nature of the formulation of law and justice as a legal the flow law functional purpose in looking at the law more focused on the facts of a field, social, cultural, political, and religion as factors that need to be a consideration in seeking legal solutions. Both streams are still evolving and are applied in various countries around the world. With regard to the transformation of Islamic law in national legal systems, it cannot be separated from these two streams of law that is through a systems approach and the approach to legislation. Keyword: Transformation of the law, politics of law, national legal system, System of national law

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