scholarly journals Pembatalan Perkawinan Menurut Hukum Islam dan UU Hukum Keluarga di Negara Muslim: Studi Perbandingan Antara Negara Mesir, Aljazair, Yordan dan Maroko

Humaniora ◽  
2014 ◽  
Vol 5 (2) ◽  
pp. 655
Author(s):  
Sukron Ma’mun

The purpose of this paper is to find out the reasons for the cancellation of marriage according to the concept of classical Islamic law and the laws of Muslim countries such as Egypt, al-Jazair, Jordan, and Morocco wich adopted from the concept of Islamic law. Then compare the changes in the state laws from the classical Islamic legal concept. In this paper the author uses descriptive-analytical-comparative method. The data analysis was done by using content analysis method (content analysis), which is an attempt to explore the symbolic meaning of the message or the contents of a book or other writings products.The results showed that the comparison of horizontal four countries mentioned above in its laws, have in common the material, especially the most prominent is reason for cancellation of marriage with disabilities or diseases in one partner. As for the inability make a living only Jordan which did not mention it in the family law legislation. 

2021 ◽  
Vol 6 (3) ◽  
pp. 196-202
Author(s):  
Nurul Fakriah

In the 17th century, Nuruddin Ar-Raniry wrote a manuscript about the Aceh Kingdom, namely Bustanussalatin, which means the garden of the kings. Following the working title, in one part of the chapter, he described the garden that was a kingdom in detail. This study aims to determine if the garden existed in that era can deliver as an Islamic garden, considering the Kingdom was ruled based on Islamic law. To answer the part of Bustanussalation which described the garden was carried out using the content analysis method. The coding and sorting based on the concept of Islamic garden based on Islamic source, which is the Quran and Hadits, which has been carried out by other research. The result showed that the garden implemented the Islamic garden concept in picturing the garden in Heaven. However, it can not be denied that some restriction in sharia was disobeyed in the garden in using the elements of the causing the garden element historical garden.


Author(s):  
Ahmad Edwar

INDONESIAN JURISPRUDENCE: ISLAMIC LAW TRANSFORMATION IN LAW SYSTEM OF INDONESIA.: This study discusses about the idea of Islamic law renewal in Indonesia, as well as the figures, and it makes the term of Indonesian Jurisprudence and its formalization into the law system of Indonesia. The purpose of this study is to find the answer of these following points: Firstly, the interpretation or definition of Indonesian Jurisprudence concept; secondly, the figures who proposed Indonesian Jurisprudence and the result of their thoughts; and the third, the formalization of Jurisprudence concept with Indonesian nuance in the law system Indonesia. This study was a library research with a content analysis method. The results of this study are: (1) Indonesian Jurisprudence could be interpreted as a Jurisprudence concept that is more Indonesian local-based; (2) Hasbi As-Shiddiqi and Hazairin are two figures who proposed Indonesian Jurisprudence model, apart from other intellectuals. Hasbi is one of modernists who offered his ideas comprehensively, started from his “Indonesian Jurisprudence” concept until the law renewal including its principle and method. Meanwhile Hazairin offered the development of a new heritage system which interpreted and elaborated based on Al-Qur’an scriptural perception and Sunnah which is not a patrilineal system but bilateral (family model); and (3) formalization of Indonesian Jurisprudence concept produces some ordinance regulation products which are important formally and materially, such as Ordinance of Islamic Marriage Law, and also other rules under the Ordinance, such as Government Law, President Instruction, and Supreme Court Law, as well as Islamic Law Compilation and Sharia Economic Law Compilation


2018 ◽  
Vol 17 (1) ◽  
pp. 1
Author(s):  
Syahrial Dedi

The experts of the Islamic law methodology (Ushuliyyin) have inherited the ta'wil method; a method of discovering the esoteric meaning in the textual disclosure.  The application of ta'wil method must be exactly based on predetermined rules of play. The mistake of understanding a method will have negative impact toward the law product. This phenomena was worried about by the ushuliyyin very much. This research is a library study with content analysis method. This study concludes that ta'wil according to ushuliyyin that is, the abrogation of a pronouncement of the meaning of zhahir to another meaning which is not quickly captured, because there is a proposition that the meaning is meant by the pronouncement. Evidence of ta'wil in the form of nash, qiyas, luhgawiyyah, 'aqliyyah, and' adad ('urf), and the argument disputed is the wisdom of al-tasyri' (maqashid al-syari'ah) which is practiced only by ulama ushul al-Hanafiyyah. Ta'wil covers the furu' problems. Ushuliyyin finds some form of ta'wil, among which specializes in general pronouncing (takhshish al-'am), limiting the mutlaq (taqyyid al-mutlaq), transfer the utterance from the essential meaning to the majazi, or from the obligatory meaning of the sunnah. Generally the ta'wil method is still considered relevant to the renewal of Islamic law.


2021 ◽  
Vol 5 (S4) ◽  
pp. 2102-2111
Author(s):  
Nadia Murshida Abd Azzis

This writing examines the Syariah court’s approach in applying the principle of res judicata and estoppel in family law cases in Syariah. With the existence of the legal provisions, there are still the unclear application of res judicata and the principle of estopple in terms of hearing mal cases especially the matter involved with a monetary claim for example mut’ah cases, child maintenance, and jointly acquired property. Although this principle has been understood by the legal practitioner, the synchronization between the principle of res judicata, estopple, and court procedure is yet to be scrutinized by the Courts. Thus, a qualitative study was carried out along with library research including decided cases in this research. The content analysis method is applied in data analysis. This study indicated that in arriving at a decision, Syariah Court indirectly applied these principles. However, the implementation of these principles should be highlighted to validate the principle of justice in Syariah Courts.


2020 ◽  
Author(s):  
Wijdan Abbas

This study aims to analyze Arab experience in applying alternative punishments and to compare between them regarding the types that are applied, the reasons for applying them, in addition to the economic, correctional and rehabilitation effectiveness of their application. This is done through a content analysis of fourteen Arab experiences that were presented at the 18th Arab Conference of Heads of Punitive and Correctional Institutions that was held to arrive at recommendations that help disseminate this experience and improve it according to its intended effectiveness. This descriptive study used the content analysis method and the comparative method through an analysis matrix that contained the following variables: Reasons for implementation, types of applied alternative punishments, and effectiveness of their application. The most prominent results of the study indicated that only one-third of Arab countries apply alternative punishments, whose types are limited. They also indicated that the economic, correctional and rehabilitation effectiveness of their application differs according to the types of punishments applied and according to each country. The study concluded that alternative punishments must start to be applied in Arab countries – especially those who have not yet applied them. This must be done through working on legislation specific to them, starting to implement it, and spreading awareness of it. This is in addition to approving procedural mechanisms to apply them, establishing a separate agency for them, preparing and supporting correctional institutions that are related to their application, involving social establishments, the importance of encouraging evaluative studies on the different punishments, designing awareness programs and cultural programs to strengthen awareness of alternative punishments, and creating a database linked to penal studies and their correctional effects.


2020 ◽  
Vol 14 (2) ◽  
pp. 191
Author(s):  
Aik Fauzan Fikri ◽  
Pepe Iswanto ◽  
Ayi Ishak Sholih Muchtar

This study aims to determine the legal provisions of interfaith marriage, both according to Law Number 1 of 1974 concerning Marriage and according to the Islamic Law Compilation. The study used a content analysis method by comparing the legal provisions of interfaith marriage according to the two legal sources. The results showed that interfaith marriage according to Law Number 1 of 1974 concerning Marriage was actually prohibited, in accordance with Article 2 paragraph (1) and Article 8 letter (f) of Law No.1 of 1974. Interfaith marriage is also prohibited according to the Legal Compilation Islam according to articles 40 to 44 and article 61 that marriage is prohibited


هدفت هذه الدراسة إلى تقديم تصور مقترح للحد من عمالة الأطفال في فلسطين وفقاً لبعض التجارب العربية، والتعرف على الهيئات المسؤولة عن تنفيذ التصور وآلية التنفيذ، وتم استخدام طريقة تحليل المضمون والطريقة المقارنة لعدد من الدراسات التي تمثل التجارب العربية في الحد من عمالة الاطفال وبلغت (22) دراسة أو تجربة، وتوصلت الدراسة الى النتائج الآتية: (أ) الهيئات التشريعية والتنفيذية والشريكة هي المسؤولة عن الحد من ظاهرة عمالة الأطفال؛ (ب) وزارة العمل، وزارة التربية والتعليم ووزارة التنمية الاجتماعية هي الهيئات التنفيذية للتصور المقترح؛ (ج) مؤسسات المجتمع المدني تمثل الهيئات الشريكة في التصور. This study aimed to present a proposed perception to reduce child labor in Palestine according to some Arab experiences, and to identify the bodies responsible for implementing the perception and the implementation mechanism. The content analysis method and the comparative method was used for a number of studies that represent Arab experiences in reducing child labor. A total of (22) studies or experiments were reported, and this study reached the following results: (a) the legislative, executive and partner bodies are responsible for curbing the phenomenon of child labor; (b) the ministry of labor, the ministry of education and the ministry of social development are the executive bodies of the proposed scenario; (c) civil society institutions represent partner bodies in the visualization.


Author(s):  
Rita Khoury

The purpose of this study was to gather data from the mothers of children with Tourette Syndrome (TS), in order to examine the extent to which the existence of a child with TS in the family affected mothers’ Quality of Life (QOL). The research was conducted according to the qualitative methods. Data was collected from semistructures interviews with 50 mothers of children with TS. The interviews were analyzed using a content analysis method. Conclusions derived from the research findings found that lack of accurate diagnosis and information leaded mothers to a state of imbalance and great stress. When they were given accurate information, they seemed to be more able to advocate for the child with TS and thus preventmisunderstandings, and consequent unpleasant situations and confusion.


2121 ◽  
Vol 7 (1) ◽  
pp. 9-16
Author(s):  
Mansoureh Karimollahi ◽  
◽  
Zahra Tazakori ◽  
Roghiyeh Falahtabar ◽  
Mehdi Ajri-Khameslou ◽  
...  

Background: There are specific challenges regarding the perceptions of families of comatose patients in Intensive Care Units (ICUs). Identifying these perceptions may attract the cooperation of families with nurses and provide better care for patients. This study aimed to explore the perceptions of families of comatose patients in ICUs. Methods: This was a qualitative content-analysis study. Seventeen families with comatose patients were recruited by the purposive sampling technique. The necessary data were generated by semi-structured interviews, continued until data saturation, and concurrently analyzed by an inductive content analysis method. Results: Four main categories were manifested, including shock and disbelief, the effort for adaptation, exhaustion, and burnout, as well as hope and support. Conclusion: The obtained results signified the importance of nurses’ awareness concerning the family members’ perceptions of their comatose patient status in ICUs. The relevant findings reflected the need for nurses to pay attention to the feelings and emotions of the families of these patients.


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