scholarly journals ANALISIS MAQASID SYARIAH JASSER AUDA TERHADAP COUNTER LEGAL DRAFT KOMPILASI HUKUM ISLAM

2021 ◽  
Vol 3 (2) ◽  
pp. 1-24
Author(s):  
Muhammad Ali Murtadlo
Keyword(s):  
Human Rights ◽  
Women's Rights ◽  
Islamic Law ◽  
Family Law ◽  
Competent Authority ◽  
Qualitative Approach ◽  
National Character ◽  
Women’S Rights ◽  
Political Factor ◽  
Library Research

Islamic law transformative bid is made to replace the Islamic Law Compilation (KHI) in the form of Counter Legal Draft Compilation of Islamic Law (CLD-KHI), attracted the attention of academics, scholars and jurists of Islam in Indonesia. Many of those who reject and not infrequently also agree with the offer. This formulation is a challenge to bring order to respect Indonesia by Islamic law to all national character, culture and progress in democratization and upholding human rights, including women's rights. This study aims to answer the question (a) how is the legal istinbath method used in formulating the Counter Legal Draft Compilation of Islamic Law? (b) What is the formulation of the Counter Legal Draft Compilation of Islamic Law from the perspective of Jasser Auda's sharia maqasid? Library research using qualitative approach suggests that (a) the CLD-KHI is a legal draft in the form of provisions, so that in the process of its formulation is done through a procedural step that is done gradually, systematically, and involve several competent authority (b) Formulation of family law Islam offered in CLD-KHI in law istinbath method is not contrary to the concept of maqasid syariah Jasser Auda. However, the application instead of KHI still hindered political factor, because there are chapters that are considered controversial.

scholarly journals Islamic Family Law Reform in Indonesia

2020 ◽  
Author(s):  
Muhammad Ali Murtadlo
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Family Law ◽  
National Character ◽  
Law Reform ◽  
Political Factors ◽  
Library Research ◽  
The Reformation ◽  
Islamic Family Law ◽  
And Gender

The emergence of an offer of transformative Islamic law made to replace the Compilation of Islamic Law (KHI) or Fikih Indonesia in the form of the Counter Legal Draft of Compilation of Islamic Law (CLD-KHI), attracted the attention of academics, scholars and Islamic juristsin Indonesia. Many of them are refuse and not infrequently also agree with the offer.The reform is a challenge to present Islamic Shari'ah building that respects to Indonesia with all its national character, culture and progress in democratizing and upholding human rights, including women's rights. There are six basic legal vision, namely pluralism, nationality, human rights enforcement, democratic, maslahat and gender equality. These six principles constitute the framework that animates the entire provisions of Islamic law CLD-KHI version.This article is library research using maqasid syariah perspective Jasser Auda as analysis. This article attempts to answer the question (a) how is the legal istinbat method used in formulating the Counter Legal Draft of Compilation of Islamic Law (CLD-KHI)? (b) how is the Counter Legal Draft of Compilation of Islamic Law (CLD-KHI) seen from the perspective of maqasid shariah Jasser Auda?The results of research indicate that the reformation of Islamic family law offered in CLD-KHI in istinbath method is not contradictory to the concept of maqashid shariah Jasser Auda. However, in the application of CLD-KHI as a substitute for Indonesia’s legal law (KHI) still stalled due to political factors.

scholarly journals PEREMPUAN DAN HAK ASASI MANUSIA DALAM PERSPEKTIF HUKUM ISLAM

2010 ◽  
Vol 40 (4) ◽  
pp. 440
Author(s):  
Uswatun Hasanah
Keyword(s):  
Human Rights ◽  
Women's Rights ◽  
Islamic Law ◽  
Women’S Rights ◽  
Human Beings ◽  
Proper Understanding ◽  
Men And Women ◽  
Correct Understanding

AbstrakIn Islamic law, there are principles of equality among all human beings,including equality between men and women. To manifest the principles ofequality, proper understanding of Islamic law and human rights is needed.Human rights, including women's rights are often mentioned in al-Qur'anand al-Hadits. Islam comes to bring fresh air for women because God'srevelation descended to Prophet Muhammad talks much about women, bothabout their rights and obligations. Although Islam has been present for morethan fourteen centuries ago, but the provisions contained in al-Qur 'an andthe al-Hadith, as sources of Islamic law have not been realized properly inIslamic society, even until today there are still practices in Islamiccommunities that put Muslims women not as they should. Although therewere not many, but the condition can lead to incorrect understanding ofIslam in society that Islam less aware ofwomen's rights. Infact, Islam givesgreat attention and gives a respectable position for women. In order that thewomen's rights can be implemented appropriately, every Muslim shouldunderstand Islamic law well and correctly, so they can realize their rightsand obligations as servants of God, as members of society and citizens.Human rights and women issues should be perceived as a problem faced notby women only, but also by all people in society. Awareness about women'srights in Islam cannot establish by itself but must be cultivated through acorrect dissemination of correct understanding to the community,particularly Muslims, both men and women.

scholarly journals Teaching “Islam and Human Rights” in the Classroom

2012 ◽  
Vol 45 (01) ◽  
pp. 101-105 ◽  
Author(s):  
Fait A. Muedini
Keyword(s):  
Human Rights ◽  
Women's Rights ◽  
Islamic Law ◽  
Minority Rights ◽  
Women’S Rights ◽  
The Media ◽  
Approach To Teaching ◽  
Rights Discourse ◽  
Human Rights Discourse

AbstractThis article discusses my approach to teaching a course on Islam and human rights. I begin by examining the attention Islam has received in the media and classroom. Then, I discuss how I structure lectures on Islam and human rights, the various readings associated with the lectures, as well as common themes discussed in class that include but are not limited to Islamic law, women's rights, and minority rights. From there, I discuss a range of different approaches to the Islam and human rights discourse. I then describe how I test the students' knowledge of the material.

Constitutional Innovation and Animal Protection in Egypt

2018 ◽  
Vol 43 (04) ◽  
pp. 1364-1390 ◽  
Author(s):  
Kristen A. Stilt
Keyword(s):  
Human Rights ◽  
Women's Rights ◽  
Islamic Law ◽  
Women’S Rights ◽  
Animal Protection

This article examines constitutional innovation through the case study of the emergence of animal protection in Egypt's 2014 Constitution. Egypt's provision, which is a state obligation to provide al-rifq bi-l-hayawan (kindness to animals), was adopted in Article 45 as part of the country's second constitution following the 2011 revolution that ousted President Hosni Mubarak. Three aspects proved crucial to the adoption of the provision: a decision by animal protection activists to influence the constitutional process; the ability of citizens to convey their ideas to the constitutional drafters, albeit in a limited way; and, most importantly, the use of frame bridging. The activists and then the constitutional drafters presented the new cause of constitutional animal protection in terms of well-established areas of social, and constitutional, concern in the country, including Islamic law, women's rights, human rights, and the protection of the environment.

scholarly journals PEREMPUAN DALAM BINGKAI HAK ASASI MANUSIA DALAM HUKUM KELUARGA ISLAM

2016 ◽  
Vol 15 (1) ◽  
pp. 59
Author(s):  
Masnun Tahir
Keyword(s):  
Human Rights ◽  
Women's Rights ◽  
Family Law ◽  
The Other ◽  
Women’S Rights ◽  
Special Focus ◽  
Religious Traditions ◽  
Other Hand ◽  
Islamic Family Law ◽  
The Relationship

This article intends to portray the idea that Islam came with the mission of returning for women’s right that have been looted and pillaged by men during the days of ignorance, in addition to showing that Islam elevate the dignity of women and give back rights that have been shattered and trampled by the domination of men and destroyed by the religious traditions and national fanaticism of a narrow group. With the specific terminology of family law concerning women’s right -a noble endeavor in itself- this article explains the relationship between maqasih sharia and human rights, with a special focus on the implementation of human rights. On the other hand this paper also analyses the implementation of women’s rights in Islamic family law.

La réforme de la Moudawana

2016 ◽  
Vol 45 (2) ◽  
pp. 146-165 ◽  
Author(s):  
Marième N’Diaye
Keyword(s):  
Women's Rights ◽  
Islamic Law ◽  
Family Law ◽  
Case Law ◽  
Women’S Rights ◽  
Limited Impact ◽  
Sexual Equality ◽  
New Family

In Morocco, the New Family Law (2004) has introduced provisions in order to strengthen women’s rights and sexual equality. These reforms were made possible by a redefinition of the content and position of Islamic Law within the hierarchy of norms. Legitimated by the intervention of the King/Commander of the Faithful, the New Family Law has, however, so far had a limited impact due to a conservative case law and a lack of appropriation by the litigants.

scholarly journals Engagement Cancellation and Its Legal Implication In Malaysia (Woman’s Rights Perspective)

JURISDICTIE ◽  
2017 ◽  
Vol 6 (2) ◽  
pp. 98
Author(s):  
Uswatul Fikriyah
Keyword(s):  
Women's Rights ◽  
Family Law ◽  
Women’S Rights ◽  
Rights Protection ◽  
Library Research ◽  
Islamic Family Law ◽  
Woman's Rights ◽  
Legal Implication

This article aims to describe the legal implication of engagement cancellation in Malaysia and to analyze the woman’s rights protection aspect in Act 303 Islamic Family Law Federal Territory 1984 in Malaysia. This article based on library research focuses on regulation Islamic Family Law Federal Territory Act 303 year 1984 of Malaysia, particularly concerning on about betrothal or Engagement. The result of this study show that the implication of engagement itself could open the opportunities to both of bride and groom to understand and know each other. The implications of engagement cancellation that can be taken from section 15 Act 303 Islamic Family Law Federal Territory. In Islamic family law in Malaysia especially Act 303 Federal Territory Islamic Family Law 1984 women have rights in accordance with their position, namely in the form of rights before marriage, the rights within marriage and the last is the rights after divorce. Women's rights protection aspects contained in the Act 303 Islamic Family Law Federal Territory generally not only in case of engagement cancellation or breach of promise of marriage (bethrothal) but in all the rights of women in marriage. It has the purpose to protect women's rights.

scholarly journals Islamic Law, Women's Rights, and Popular Legal Consciousness in Malaysia

2013 ◽  
Vol 38 (01) ◽  
pp. 168-188 ◽  
Author(s):  
Tamir Moustafa
Keyword(s):  
Women's Rights ◽  
Islamic Law ◽  
Legal Theory ◽  
Family Law ◽  
Legal Consciousness ◽  
Women’S Rights ◽  
Islamic Legal Theory ◽  
The Status ◽  
Classic Form ◽  
Original Survey

Drawing on original survey research, this study examines how lay Muslims in Malaysia understand foundational concepts in Islamic law. The survey finds a substantial disjuncture between popular legal consciousness and core epistemological commitments in Islamic legal theory. In its classic form, Islamic legal theory was marked by its commitment to pluralism and the centrality of human agency in Islamic jurisprudence. Yet in contemporary Malaysia, lay Muslims tend to understand Islamic law as being purely divine, with a single “correct” answer to any given question. The practical implications of these findings are demonstrated through examples of efforts by women's rights activists to reform family law provisions in Malaysia. The examples illustrate how popular misconceptions of Islamic law hinder the efforts of those working to reform family law codes while strengthening the hand of conservative actors wishing to maintain the status quo.

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