scholarly journals The Discourse and Practice of Islamic Family Law in Indonesia

2021 ◽  
Vol 58 (1) ◽  
pp. 5201-5212
Author(s):  
Nurrohman Syarif

Family law is the most powerful law practiced in Islamic history, but this does not mean that it avoids the demands of changing times. Today, there are no less than thirteen problems related to family law that have arisen in the Muslim world. This problem arises not only because of demands for changing times, but also because of efforts to unify, codify and legislate Islamic law in a number of Muslim countries. This problem requires not only solutions but also reforms. This study aims to examine the model of understanding, practicing, reforming and transforming Islamic law in Indonesia and its impact on the position of standard classical fiqh books and the independence of judges in the Religious Courts. This research is a non-doctrinal normative qualitative research type. This study found a variety of models in the exploration, practice and reform of family law in Indonesia. The impact of the reform and transformation of family law in Indonesia is that classical fiqh books are no longer used as the main reference and the Religious Court System is closer to the civil law system. However, the reform and transformation of family law in Indonesia did not reduce the independence of religious judges in exploring and discovering more contextual Islamic law.

2020 ◽  
Vol 1 (2) ◽  
pp. 76-94
Author(s):  
Syahrul Mubarak

Wasiat wajibah is a study in family law in Indonesia that provides opportunities for the adopted children and adoptive parents to inherit. This is stated in Kompilasi Hukum Islam (KHI) in Article 209. Although Indonesia has only recently carried out a family law reforms regarding Wasiat Wajibah compared to other Muslim countries, reform of family law in Indonesia cannot be separated from the meaning and nuances of Islamic law. This article reviews the concept of Wasiat Wajibah in Indonesia, then it is implemented with issues that occur around the community to obtain the relevance in accordance with the changing times.


2019 ◽  
Vol 3 (1) ◽  
pp. 68-90
Author(s):  
Fitrotin Jamilah

This paper is a study of the effects of the transitional era with the distribution of inheritance in Islamic law. This study is to determine the impact of the age of transition with the distribution of inheritance in Islamic law. In collecting data, this research uses library research. The conclusion in this study is the impact of the age transition can affect the distribution of inheritance. However, this legal change is a law that results from al-maslahah al-mursalah, such as the problems in the wasiyyat al -ajibah which have been regulated in the laws of Muslim countries. In the qat'i law the distribution of inheritance cannot be changed by changing times or by any factor. This paper also provides suggestions for a deeper study of the distribution of inheritance. In this study, the authors found a number of peculiarities and shortcomings in matters related to the use of the ushuliyah rules


2014 ◽  
Vol 3 (3) ◽  
pp. 203
Author(s):  
Muhamad Isna Wahyudi

Tension between Islamic legal tradition and the modern nation state’s role in establishing dan reforming law has become the global controversies and conflicts in Muslim countries over the last decades including Indonesia. Since the enactment of Law No.1/1974 on Marriage, then Compilation of Islamic Law (Kompilasi Hukum Islam/KHI) under President Instruction No.1/1991, dualism of the validity of marriage has been arising in Indonesian Muslim society. The dualism has led to ambivalence towards law enforcement among judges of religious courts in dealing with the petitions for the legalization of marriage while the Law restricts the petitions to marriages before the enactment of Law No.1/1974. In this case, judges of religious court have deviated from the state law by granting legalization to marriages occurred after the enactment of Law No.1/1974. Such deviation is known as judge’s discretion. Despite judges of religious courts seem to adhere to the Islamic legal tradition than the State law in the case of legalization of marriage; they have deviated from Islamic legal tradition or state law in terms of the fulfillment of divorced wife’s rights, joint property, custody, and inheritance. Their discretion is merely to provide the justice to the litigants when the application the letter of the law is contradictory to justice. In this way, they have also taken a part in reforming the Islamic FamilyLaw.Keywords: judge, discretion, justice.


2018 ◽  
Vol 11 (1) ◽  
pp. 49-60
Author(s):  
Miftahul Huda

The reality of the difference in applying Islamic law in the context of marriage law legislation in modern Muslim countries is undeniable. Tunisia and Turkey, for example, have practiced Islamic law of liberal nuance. Unlike the case with Saudi Arabia and the United Arab Emirates that still use the application of Islamic law as it is in their fiqh books. In between these two currents many countries are trying to apply the law in their own countries by trying to bridge the urgent new needs and local wisdom. This is widely embraced by modern Muslim countries in general. This paper reviews typologically the heterogeneousness of family law legislation of modern Muslim countries while responding to modernization issues. Typical buildings seen from modern family law reforms can be classified into four types. The first type is progressive, pluralistic and extradoctrinal reform, such as in Turkey and Tunisia. The second type is adaptive, unified and intradoctrinal reform, as in Indonesia, Malaysia, Morocco, Algeria and Pakistan. The third type is adaptive, unified and intradoctrinal reform, represented by Iraq. While the fourth type is progressive, unifiied and extradoctrinal reform, which can be represented by Somalia and Algeria.


2020 ◽  
Vol 1 (2) ◽  
pp. 93-108
Author(s):  
Nurinayah Nurinayah

The application of family law in Muslim-majority countries, especially the Middle East and its surroundings, has different practices, we do not find uniformity in family law practices in these countries. This is influenced by differences in government systems, cultures, situations and conditions of society of each country. Egypt is one of the predominantly Muslim countries which has established Islam as the state religion. Therefore, the principles of Islamic law are the main source of law in the making and formulation of laws, including family law. The practice of Islamic law in Egypt does not fully apply only to areas of family law in a limited scope including the distribution of inheritance and marriage. However, the application of family law in Egypt continues to undergo reforms and reforms. Family law reform took place in Egypt in 1920. This was marked by the promulgation of Law no. 25/1920 regarding family law and care (Law of Maintenance and Personal Status / Qanun al-Ahwal al-Syakhsiyyah wa al-Siyanah). Family law reform in the 1970s was marked by the issuance of laws regarding the authority to the judiciary to force parties (husbands) to pay maintenance fees to wives, widows, children, or parents in 1976. the current era of family law in Egypt continues to experience development. Abstrak Penerapan hukum keluarga di negara-negara yang berpenduduk mayoritas Muslim khususnya kawasan Timur Tengah dan sekitarnya memiliki praktik yang berbeda-beda, kita tidak menemukan keseragaman praktik hukum keluarga di negara-negara tersebut. Hal ini dipengaruhi oleh perbedaan sistem pemerintahan, kultur, situasi dan kondisi masyarakat setiap negara. Mesir merupakan salah satu negara yang berpenduduk mayoritas Muslim yang menetapkan Islam sebagai agama negara. Karena itu, prinsip-prinsip hukum Islam menjadi sumber hukum utama dalam pembuatan dan perumusan undang-undang termasuk hukum keluarga. Praktik hukum Islam di Mesir tidak berlaku secara utuh hanya bidang-bidang hukum keluarga dalam ruang lingkup yang terbatas meliputi pembagian warisan dan perkawinan.  Namun, penerapan hukum keluarga di Mesir terus mengalami reformasi dan pembaruan. Pembaruan hukum keluarga terjadi di Mesir pada tahun 1920. Ini ditandai dengan diundangkannya UU No. 25/1920 mengenai hukum keluarga dan penjagaan (Law of Maintenance and Personal Status/Qanun al-Ahwal al-Syakhsiyyah wa al-Siyanah). Reformasi hukum keluarga pada tahun 1970an ditandai dengan dikeluarkannya aturan undang-undang mengenai kewenangan kepada lembaga peradilan memaksa pihak-pihak (suami) untuk membayar uang pemeliharaan kepada isteri-isteri, janda-janda, anak-anak, ataupun orang tua pada tahun 1976. Hingga era sekarang hukum keluarga di Mesir terus mengalami perkembangan.            


Author(s):  
Tengku Sharifeleani Ratul Maknu ◽  
Hasman Abdul Manan ◽  
Shahira Ariffin

Several chapters of the Holy Quran have mentioned that tourism is a "Muslim's right." The Quran also revealed that Muslims could visit non-Muslim countries for entertainment, religious, and educational purposes; but has warned its followers to avoid indulging in any behaviors against Islamic law, potentially diluting their faith. Food is a significant component of tourism. However, information about non-Muslim country's local street food effects on Muslim tourists' intention to revisit the destination is somewhat limited. Therefore, this study aims to understand Muslim-friendly Japanese street food's impact on Malaysian Malay Muslims' intention to re-experience Japan post-Covid-19 pandemic via the extended Theory of Planned Behavior. The research may perhaps be part of the early initiatives toward examining Malaysian Malay Muslim tourists' fondness for Muslim-friendly street foods in non-Muslim nations (such as Japan). It may well be an indication of their desire to revisit those countries post the Covid-19 pandemic. Recognizing the variations of food choice behaviors, especially across cultures, denotes a vital information source for relevant agencies in Malaysia and Japan involved in marketing and promoting Japan as a tourist destination post-Covid-19. Japanese street food may well act as the catalyst to revive the tourism economy of both nations.


2019 ◽  
Vol 1 (2) ◽  
Author(s):  
Muhamad Mas’ud

The enactment of Islamic law during colonialism was marked by the thought of Sayyid Usman, a historical figure who had a great interest in the study of Islamic law in Indonesia during the Dutch East Indies colonization. As a scholar, he has special attention to the continuity of Islamic law in Indonesia, especially regarding Islamic family law, which at that time had been widely practiced by people to replace customary law. In addition, he also contributed a lot of thoughts in the context of enforcing Islamic law by organizing religious justice institutions and compiling Islamic family law. Formally the institutions of religious justice, especially in Java and Madura, were only formed by the Dutch East Indies government in 1882, through the Staatsblad 1882 No. 152. This formation is at once a measure of the reorganization of religious justice institutions, namely by establishing new religious courts in addition to each landraad (the same court) with the same legal area, on average as large as the district. It's just that if before the religious court was independent, then with this reorganization the power to carry out the verdict was handed over to landraad. K.F. Holle, L.W.C. Van den Berg, and Snouck Hurgronje, these three Dutch people were very influential in the birth of the theory of the enactment of Islamic law in Indonesia, L.W.C. Van den Berg is one of the initiators of the theory of receptio in complexu, which states that "for Muslims full Islamic law applies because he has embraced Islam even though there are still deviations in its implementation. Next to L.W.C. Van den Berg carries the theory of receptio in complexu, and Snouck Hurgronje as the originator of receptie theory, which states that for indigenous people basically customary law applies, and Islamic law applies to indigenous people if Islamic legal norms have been accepted by society as customary law.


2020 ◽  
Vol 14 (1) ◽  
pp. 105-120
Author(s):  
Humaira Potabuga

The renewal of Islamic family law in Muslim countries is making rapid progress. This is because the response to legal issues that occur due to the times. Some countries still retain the rule of law of the School they profess, others are absolutely completely free from Islamic law and choose to make modern law as a reference. While other countries are trying to reform the law with a legislative process so that the creation of permanent legal rules in carrying out Islamic family law. The direction of renewal is related to the issue of children and women's rights in marriage or inheritance.


EKSPOSE ◽  
2019 ◽  
Vol 16 (2) ◽  
pp. 361
Author(s):  
Ismail Keri

Islamic Family Law consists of fundamental nationalities that always live and develop along with the development of society in the life of the nation. The configuration of national life interests is an instrument contested by the nation's components in these interests in the path of the state constitution, thus gaining a place of legitimacy in the process of constructing a national legal order. The history of national legal legislation has included the Compilation of Islamic Law as one of the country's alignments with the process of Islamic family law into National law. At the same time, the recovery of the development of Islamic Family Law is increasingly lively as the process of finding answers to Islamic problems in the archipelago's insight, how: Compilation of Islamic Law accommodates changes in the application of Islamic family law in Indonesia?The description that can be obtained in this study shows that based on the history of beginning, the Compilation of Islamic Law is present as meeting the needs of the Islamic community as well as filling in the gaps that occur in the Religious Courts whose authority is regulated in Law No. 7 of 1989. However, in its journey, a number of studies and studies explained that the Compilation of Islamic Law contained a variety of potential criticisms, in which the Compilation of Islamic Law was deemed to be no longer sufficient in resolving various complex complexity problems. Therefore it is necessary to reconstruct the Compilation of Islamic Law by paying attention to the principles of equality (al-muswah), brotherhood (al-ikhâ`), and justice (al-`adl), as well as basic ideas for the formation of civil society, such as pluralism, gender equality , Human rights, democracy, and egalitarianism, so that the needs of Islamic family law can be fulfilled in several such as Constitutional aspects, Content aspects (Material / Content and Ideas), Aspects of Islamic Law Enforcement (rule of law) in the Indonesianness frame.


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