scholarly journals Pembaharuan Atas Hukum Keluarga di Indonesia: Satu Tinjauan Sosiologis

ULUMUNA ◽  
2015 ◽  
Vol 19 (1) ◽  
pp. 137-158
Author(s):  
Munawir Haris
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Public Life ◽  
Qualitative Change ◽  
Point Of View ◽  
Social Conditions ◽  
Islamic Family Law

The renewal of Islamic law is essentially contrary to something that already exists (existing) then undergoes a qualitative change as a product of interaction in public life. It could be argued that the process of renewal of Islamic law is seen as something autonomous, but it also interacts with other elements in society that occur interdependently. Therefore, the concept of renewal of Islamic law requires adaptive stance with social conditions in which it interacts. In this case, the realization of the principle of al-muh}āfaz}atu ‘alā al-qadīmi al-s\ālih} wa al-akhdhu bi al-jadīd al-as\lah} (Maintaining the old one if it is still good and accept the new or changed if it is considered better) became a necessity. Within the framework of family law renewal in Indonesia, Islamic law has a very strategic and important role. From the sociological point of view, Islamic family law has deeply rooted in the Muslim daily live and become a living law in the midst of the majority of Indonesian people. Renewal of Islamic law in the context of family law in Indonesia includes four categories namely fiqh, fatwā, jurisprudence and legislation. This article explores these four categories and shows how reform influence these domains. DOI: http://dx.doi.org/10.20414/ujis.v19i1.1254

scholarly journals Aspek-aspek Pembaruan Hukum Islam dalam Hukum Keluarga di Indonesia

2019 ◽  
Vol 11 (2) ◽  
pp. 249-270
Author(s):  
Fitriyani Fitriyani
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Public Life ◽  
Qualitative Change ◽  
Social Conditions ◽  
Law Reform ◽  
Universal Principles ◽  
The Family ◽  
Islamic Family Law

Islamic law reform is essentially contrary to something that already exists (existing) then undergo a qualitative change as a product of interaction in public life It could be argued that the process of law reform Islam is seen as something autonomous, but he also interacts with other elements in society that occurred interdependent. Therefore, the concept of renewal of Islamic law requires adaptatif stance with social conditions in which it interacts. In this case, the realization of the principle of al-muhafadzah 'ala al-qadim wa al-Salih al-akhdzu bi al-jadidi al-ashlah (maintaining the old one if it is still good and accept the new or changed if it is considered better), became a necessity. Within the framework of family law reform Indonesia, Islamic law meempunyai a very important role and strategic. Said, because the family law of Islam. in addition to recognized as a source of juridical law, also has universal principles and in accordance with the personality of the Indonesian nation. In fact, sociologically Islamic family law has taken root and become law who live in the midst of the majority of Indonesian people. Renewal of Islamic law in the context of family law Indonesia includes four categories, namely; jurisprudence, fatwa, jurisprudence and legislation.

scholarly journals THE PRINCIPLE OF SELF SUBMISSION IN DIVORCES CASES FROM THE PERSPECTIVE OF LEGAL CERTAINTY

2020 ◽  
Vol 2 (1) ◽  
pp. 63-78
Author(s):  
Haqqiyah Uthlufah
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Analytical Tool ◽  
Legal Interpretation ◽  
Legal Certainty ◽  
Marriage Law ◽  
Legal Research ◽  
Divorce Law ◽  
Islamic Family Law ◽  
Materials Used

The problem of the principle of submission in the divorce law in the Religious Court by a non-Muslim couple occurs because the couple's marriage is based on Islamic law. What cannot be separated from Islamic law is Islamic family law because it is related to the faith of a Muslim. Islamic family law can only apply to Muslims and cannot apply to non-Muslims. The problem of the principle of submission to the divorce law was incomplete (incomplete norm) or the existence of a legal vacuum (vacuum of norm) in marriage law in Indonesia. This research is a legal research and is normative in nature. The approach used is statutory, case, and conceptual. The legal materials used are primary, secondary and tertiary. The method of collecting legal materials is first to qualify the facts and then to qualify the law. The analytical tool used is legal interpretation in the form of principal, systematic and grammatical interpretation.

scholarly journals AN APPRAISAL OF THE APPLICATION OF FIQH AL-HANAFI UNDER ISLAMIC FAMILY LAW (FEDERAL TERRITORIES) ACT 1984

2019 ◽  
Vol 27 (2) ◽  
pp. 317-336
Author(s):  
Azizah binti Mohd
Keyword(s):  
Qualitative Method ◽  
Islamic Law ◽  
Family Law ◽  
The State ◽  
Muslim Country ◽  
Kuala Lumpur ◽  
Library Research ◽  
Identification Card ◽  
Islamic Family Law

Malaysia is a Muslim country consisting of thirteen States and Federal Territories (Kuala Lumpur, Labuan and Putrajaya). In principal, the official madhhab that is practised  in Malaysia is Shafi’i Madhhab and this becomes common to all Malaysians even though it is not officially registered in the identification card of a Malaysian. Accordingly, in many religious affairs and practices, the society is based upon the principles or fiqh al-Shafi’i. Nevertheless, views of other Sunni madhhab is freely practiced by all Malaysians. Furthermore, the codification on Islamic law in the State Enactments in all States in Malaysia is based upon four Sunni schools of law. It follows that the Islamic law in Malaysia is not purely based on the Shafi’i madhhab and in many occasions adopted the view of Hanafi school depending on the adaptability of the opinion to the society. This article deals with the application of fiqh al-Hanafi under the Islamic Family Law (Federal Territories) Act 1984. Analysis will extend to the practices in the Malaysian Syariah Court when dealing with cases involving Muslims and the most appropriate view of the madhhab that is to be adopted by the Syariah Court in order to solve a particular issue. The study employs the qualitative method of study where it only involves library research. It is believed that this research will be beneficial to all who seek knowledge and useful to all researchers, academicians, legal practitioners, students and scholars.

scholarly journals Status dan Hak Anak Tak Sah Islam dalam Undang-Undang di Malaysia

2018 ◽  
Vol 10 (3-4) ◽  
Author(s):  
Zanariah Noor
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Civil Law ◽  
Birth Certificate ◽  
Biological Father ◽  
Self Identity ◽  
Illegitimate Child ◽  
Content Analysis Method ◽  
The Status ◽  
Islamic Family Law

Illegitimate child refers to a child conceived during sexual intercourse outside of wedlock. The jurists have different views regarding the gestation period of pregnancy that affects the legitimacy status of the child. The objective of this article is to analyze the different views of the jurists regarding the status as well as rights of the illegitimate child in Islam and current religious ruling implemented in Malaysia. This article also analyzes the rights of the illegitimate child towards a personal identity that involved lineage that effects on how his/her name and surname will be stated on birth certificate according to the Islamic and civil law in Malaysia. Issues on custody, maintenance, marriage guardianship of the illegitimate child and his/her relation with biological father that married to his / her mother will also be discussed according to the opinions of the jurists as well as Islamic family law in Malaysia. This study utilized content analysis method on discussions put forward by the jurists in authoritative jurisprudence books as well as contemporary jurisprudence books and law provisions that are provided in Islamic and civil law implemented in Malaysia to date. The findings show that Islamic family law protects rights of the illegitimate child in terms of self-identity (lineage), custody, maintenance and marriage guardianship. However, the issue regarding the surname of the illegitimate child was raised in Civil Court, arguing that he/she should be allowed to be named to his/her biological father who had married the mother. This issue needs to be scrutinized. The amendment should be carried out so that matters related to the Muslims' personal laws are implemented according to the Islamic law.

Triple Ṭalāq in One Session: An Analysis of the Opinions of Classical, Medieval, and Modern Muslim Jurists under Islamic Law

2013 ◽  
Vol 27 (1) ◽  
pp. 29-49
Author(s):  
Muhammad Munir
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Point Of View ◽  
Muslim Family

Abstract This work analyzes one of the hottest and most tricky issues of the Muslim Family Law, i.e., whether in cases of divorce (ṭalāq), three repudiations spoken in one session equal one or three repudiations. There had been no disagreement regarding this issue among the four Sunni Schools of Jurisprudence until the end of the 7th century Hijrah when Ibn Taimiyah and Ibn al-Qayim challenged the position of the ğamhūr (majority of Islamic scholars). Before them only the Shīʿa and the Ẓāhirites had treated three pronouncements in one session as one. The ğamhūr has given very strong arguments in support of their point of view, whereas Ibn Taimiyah and Ibn al-Qayim have advanced very weak arguments in support of their view. The Shīʿa Imāmiyah School of Thought holds two opinions. According to one view, three ṭalāqs in one session amount to one, while the second point of view holds that three repudiations in one session do not amount to any ṭalāq.

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 Hermeneutical Reading of Ṭalāq

2016 ◽  
Vol 12 (2) ◽  
pp. 209
Author(s):  
Rusli Rusli
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
The Subject ◽  
Islamic Family Law ◽  
Sensitive Issues ◽  
Financial Consideration

This paper deals with the hermeneutical reading of divorce (Ṭalāq), one of the sensitive issues in Islamic family law. It is concluded that the existence of Islamic law of divorce is not to denigrate women; however, it is to give respons to the injustice suffered by women by giving regulations that are more friendly to women. The regulations of the Quran on the subject of divorce are designed to restrict the practice which had prevailed among the Arabs that they are free to divorce his wife at any time without any reason, and remarry her in unlimited ways. This is indicated that Islam stipulates that divorce is two times: then one may retain with goodness (and reasonable terms), or let go with goodness and reasonable terms. If divorce occurs, a divorced woman should the prescribed period (‘iddah) and financial consideration (mut‘at al-Ṭalāq).

scholarly journals Discriminación de la mujer en el Derecho de familia islámico y orden público = Discrimination of women in Islamic Family Law and public order

2020 ◽  
Vol 12 (1) ◽  
pp. 286
Author(s):  
Alejandro Nieto Cruz
Keyword(s):  
Gender Equality ◽  
Islamic Law ◽  
Family Law ◽  
Public Order ◽  
Spanish Law ◽  
Collateral Effects ◽  
Islamic Family Law ◽  
Islamic Marriage

Resumen: El presente trabajo se centra en el análisis de las posibles colisiones existentes entre el orden público español y las principales instituciones del Derecho de familia islámico. No podrán integrarse aquellas instituciones que sean contrarias a valores esenciales de nuestro ordenamiento como la igualdad entre sexos o la monogamia. Sin embargo, a través de la aplicación del orden público atenuado, sería posible reconocer algunos “efectos colaterales” a estas instituciones cuando resultaren beneficiosos para la mujer. El objetivo último sería la protección de ésta como la parte más débil de la relación matrimonial.Palabras clave: Derecho islámico, orden público, matrimonio islámico, poligamia, repudio. Abstract: The present paper focuses on the analysis of the possible collisions between the Spanish public order and the main institutions of the Islamic Family Law. It will not be possible to integrate those institutions which are against essential values of Spanish law such as gender equality or monogamy. However, it would be possible to recognize some “collateral effects” to these institutions if they resulted beneficial for women, through the application of the attenuated public order. The main purpose would be women’s protection, as they are the weakest party of the marriage relationship.Keywords: Islamic Law, public order, Islamic marriage, polygamy, repudiation.

4. Family law

2021 ◽  
pp. 45-74
Author(s):  
Mashood A. Baderin
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Essential Components ◽  
Marriage Contract ◽  
Islamic Family Law ◽  
Islamic Marriage ◽  
Mutual Agreement

‘Family law’ focuses on Islamic family law, the two main aspects of which are: marriage and the dissolution of marriage. Marriage by mutual contract (al-nikāh) is the only lawful type of marriage under Islamic law, with rules regulating its validity and consequences. The two main categories of requirements for the validity of an Islamic marriage are: prerequisites and essential components of the marriage contract. The questions of maintenance, polygamy, and stipulations are vital topics for family law. Under classical Islamic law, a marriage may be dissolved either through (i) unilateral dissolution initiated by the husband (talāq), (ii) dissolution initiated by the wife (khulʻ), (iii) dissolution by mutual agreement (mubāraʻah), or (iv) judicial dissolution (faskh).

THE APPLICATION OF ISLAMIC LAW AT THE COLONIAL AGE AND IT'S IMPLICATION FOR THE INDONESIAN RELIGIOUS JUSTICE SYSTEM

2019 ◽  
Vol 1 (2) ◽  
Author(s):  
Muhamad Mas’ud
Keyword(s):  
Indigenous People ◽  
Islamic Law ◽  
Family Law ◽  
Customary Law ◽  
Legal Norms ◽  
East Indies ◽  
Historical Figure ◽  
Dutch East Indies ◽  
Islamic Family Law ◽  
Religious Courts

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.

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