scholarly journals PEMBAHARUAN HUKUM ISLAM DI INDONESIA DAN TOKOH-TOKOHNYA

2019 ◽  
Vol 19 (2) ◽  
pp. 239
Author(s):  
Zulhamdi Zulhamdi
Keyword(s):  
Middle East ◽  
North Africa ◽  
Government Regulation ◽  
Islamic Law ◽  
Law Reform ◽  
Muslim Countries ◽  
National School ◽  
Library Research ◽  
Legal Thinking ◽  
Ownership Of Land

The emergence of new problems or problems in the community that really need legal clarity, all of which have not been answered in either the Qur'an or the Hadith, in connection with the cessation of revelation and the death of the Prophet Muhammad who acted as a mediator between revelation and the reality that lived at that time. The renewal of Islamic law is the solution, the purpose of this paper is to find out the concepts of Islamic law reform and figures who contribute to the renewal of Islamic law. The type of research is descriptive qualitative with library research, namely research that is directed and focused on the study and discussion of library materials that have to do with the problem being studied, Overall, the renewal of Islamic law in Indonesia runs rather slowly compared to other Muslim countries, especially in the Middle East, North Africa, India and Pakistan. However, the realization of the marriage law number 1 of 1974, government regulation number 9 in 1975, Government regulation number 10 of 1983, government regulation number 28 of 1977 concerning the ownership of land, and the realization of the compilation of Indonesian Islamic law in 1991 were the dynamics of renewal of Islamic legal thinking that must be grateful, as for the characters and the ideas are: 1) Hasbi Ash-Shiddieqy (Indonesian Jurisprudence); 2) Hazairin: Indonesian National School; 3) Munawir Syadzali: Reactualization of Islamic Law; 4) Ibrahim Hosen: Making Nash Qat'i fun; 5) Ali Yafie and Sahal Mahfuz: Social Jurisprudence.

scholarly journals HUKUM KELUARGA DI MESIR

2020 ◽  
Vol 1 (2) ◽  
pp. 93-108
Author(s):  
Nurinayah Nurinayah
Keyword(s):  
Middle East ◽  
Islamic Law ◽  
Family Law ◽  
The State ◽  
Law Reform ◽  
Muslim Countries ◽  
Personal Status ◽  
Muslim Majority ◽  
Limited Scope

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.            

Lobbyism of Islamic Countries in the USA

2012 ◽  
pp. 90-99
Author(s):  
S. Kostyaev
Keyword(s):  
Middle East ◽  
North Africa ◽  
Muslim Countries ◽  
Factors Influencing ◽  
Islamic Countries ◽  
The Usa ◽  
Almost All

Mass disturbances that took place in the Middle East and North Africa in 2011 offer an opportunity to evaluate the effectiveness of lobbyism in countries of this region as a tool to provide the American assistance in a volatile environment. Almost all these countries in a varying degree tried to gather support from the USA to preserve the legitimacy of their regimes in the international field. The author investigates the factors influencing the performance of lobbying technologies, evaluates the effectiveness of Muslim countries' attempts to protect their interests in Washington.

Analisis Yuridis Terhadap Putusan Yang Mengabulkan Gugatan Perceraian Disebabkan Konflik Suami dan Istri (Studi Putusan Nomor 2612/Pdt.G/2017/Pa.Bks).

2021 ◽  
Vol 12 (1) ◽  
pp. 1-13
Author(s):  
Umayah - ◽  
Agus Supriyanto
Keyword(s):  
Government Regulation ◽  
Islamic Law ◽  
Descriptive Analysis ◽  
Legal Basis ◽  
Analysis Method ◽  
Library Research ◽  
The Republic ◽  
Case Number ◽  
Material Requirements

The purpose of this study was to find out the legal basis for divorce due to husband and wifeconflict and to find out the judge’s consideration in granting a divorce suit in case Number 2612 /Pdt.G / 2017 / PA.Bks). This research is library research with a normative juridical approach, usingthe descriptive analysis method. The results of this study are that due to the dispute, Plaintiff feelsuncomfortable in his household relationship with Defendant. Therefore, judges realize legal protectionfor Indonesian citizens, especially women, namely in Law Number 23 of 2004 Article 1 Paragraph (1),Compilation of Islamic Law Article 132 Paragraph (1) and Government Regulation of the Republic ofIndonesia Number 7 of 1975 Article 20 Paragraph (1) concerning the implementation of Law Number7 of 1974 concerning Marriage. From the findings data, it is analyzed that the judge’s decision ingranting the lawsuit is because the lawsuit submitted has met the formal and material requirements aswell as the facts that were revealed in the trial.

scholarly journals Nafkah Saudara Sedarah Sesisi (Hawashi) dalam Undang-Undang Islam Di Malaysia

2020 ◽  
Vol 32 (2) ◽  
pp. 320-340
Author(s):  
Azizah Mohd ◽  
◽  
Badruddin Hj Ibrahim ◽  
Siti Zainab Abd Rashid
Keyword(s):  
Islamic Law ◽  
Muslim Countries ◽  
Library Research ◽  
The Law

Under Islamic law, blood relatives from among hawashi (collateral kin) fall into the category of those who deserve nafaqah (maintenance), especially whenever they are in need or when they are incapable of maintaining themselves, while at the same time having relatives who are capable and well off. This research discusses maintenance for collateral relatives as an instrument to ensure continuous protection of relatives under Islamic law. The discussion includes the views of the fuqaha on maintenance to hawashi in Islam. It also reviews the basis for the responsibility to maintain relatives including relevant principles in the Quran and the Sunnah of the Prophet SAW, the discussion and views of contemporary fuqaha (Islamic jurists) on the extent of a person’s responsibility to maintain relatives. Further, this research also analyses the application of Islamic law in Malaysia in relation to one’s responsibility to maintain relatives. For the purpose of comparison, discussion will also include provisions of the law on maintenance for relatives in several Muslim countries. The research was conducted through library research and analysing the treatises of Muslim jurists, as well as the provisions of Islamic law on maintenance for collateral relatives. The findings of this research are deemed significant to improve the existing provisions on Islamic law relating to maintenance in Malaysia.

BOM BUNUH DIRI: ANTARA JIHAD DAN TEROR

1970 ◽  
Vol 5 (1) ◽  
pp. 109-124
Author(s):  
Imam Mustofa
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
The United States ◽  
Suicide Bombing ◽  
Suicide Bombings ◽  
Muslim Countries ◽  
War Zone ◽  
East Region ◽  
Library Research ◽  
Middle East Region

Policy of western countries, especially the United States against some Muslim countries in the Middle East region led to a backlash and generate assistance in various ways. One way or form of resistance which is by suicide bombing. Even this kind of action does not only happened in the region or the state which is being colonized or war zone, but also often happened in a peaceful country like Indonesia. This paper attempt to uncover the law suicide bombing in perspective of Islamic law by classifying into two, the first suicide bombing as a jihad and second, suicide bombings as terror. This article tries to answer the questions when suicide bombing can be categorized as jihad? What are the conditions or requirements? And when its categorized as terror? The answer in this paper derived from qualitative research. This research is library research toward source texts of Islam, including the fatwas and opinions of ulama, especially contemporary ulama. Author using a theory of maşlahah which is the purpose of shari'a (maqashid al-syariah) as basis for reviewing the legal and categorized of suicide bombing. When a suicide bombing itself include maşlahah by meeting various condition or requirements, then it is categorized as jihad. However, when its performed in peaceful area causes damage that reduces maşlahah, suicide bombing is categorized as terror.

Is Islam Bad for Business?

2012 ◽  
Vol 10 (1) ◽  
pp. 97-102 ◽  
Author(s):  
Jack A. Goldstone
Keyword(s):  
Middle East ◽  
North Africa ◽  
Economic Activity ◽  
Islamic Law ◽  
Economic Progress

In this beautifully crafted book, Timur Kuran provides a remarkably rich analysis of how Islamic law impeded economic progress in the Middle East and North Africa. Kuran's views are fresh and powerful, and they are subtle. He does not claim that Islamic law was generally bad for economic activity. He does not claim that prohibitions on interest denied credit to merchants or entrepreneurs. Nor does he claim that predation by absolutist states blocked capitalist accumulation or inhibited commerce.

scholarly journals PENETAPAN AHLI WARIS PENERIMA SANTUNAN JASA RAHARJA DALAM PP NO. 18 TAHUN 1965

AL-HUKAMA ◽  
2016 ◽  
Vol 6 (2) ◽  
pp. 398-421
Author(s):  
Zakiyatul Ulya
Keyword(s):  
Traffic Accident ◽  
Government Regulation ◽  
Islamic Law ◽  
Road Traffic ◽  
Transport Equipment ◽  
Library Research ◽  
Children And Parents ◽  
Inheritance System ◽  
Descriptive Method

Abstract: This bibliographical research aims to answer the questions of how the determination of the heirs as receivers of Jasa Raharja compensation stated in PP (Peraturan Pemerintah/Government Regulation) No. 18 Year 1965 and how the Islamic law perspective against the determination of the heirs as receivers of Jasa Raharja compensation. The data that obtained by documentation technique are further analyzed by descriptive method and deductive mindset. The research concludes that according to PP No. 18 Year 1965, the heirs are children, widow/widower, and/or the parents of the victim died of road traffic accident with the rule of the receipt and payment of compensation starting from the legitimate widow/widower, legal children, and legal parents. Thus, it can be said that the determination of the heirs within such regulation does not fully implement the provision of the Islamic inheritance system since it only provides Jasa Raharja compensation as a part of estate to the heirs who cannot be stunted (mahjub hirman), such as widow/widower, children, and parents.  However, if it is viewed from the origin compensation of Jasa Raharja that is not coming from the victim but gathered from the owners of the transport equipment, it can be quite fair when the compensation is only given to the nearest heirs.Abstrak: Tulisan ini merupakan hasil penelitian pustaka (library research) yang bertujuan untuk menjawab pertanyaan tentang bagaimana penetapan ahli waris penerima santunan Jasa Raharja dalam PP No. 18 Tahun 1965 dan bagaimana analisis Hukum Islam terhadap penetapan ahli waris penerima santunan Jasa Raharja tersebut. Data penelitian dihimpun dengan menggunakan teknik dokumentasi yang selanjutnya dianalisis menggunakan metode deskriptif analisis dengan pola pikir deduktif. Hasil penelitian menyimpulkan bahwa menurut PP No. 18 Tahun 1965, ahli waris hanyalah anak-anak, janda/ duda, dan/ atau orang tua dari korban mati kecelakaan lalu lintas jalan dengan aturan penerimaan pembayaran santunan dimulai dari jandanya/ dudanya yang sah, kemudian anak-anaknya yang sah dan diakhiri orang tuanya yang sah. Dengan demikian, dapat dikatakan bahwa penetapan ahli waris dalam peraturan tersebut tidak sepenuhnya menerapkan ketentuan hukum kewarisan Islam karena hanya memberikan santunan Jasa Raharja yang merupakan bagian harta waris kepada golongan ahli waris yang tidak bisa ter-hijab hirman, yaitu janda/ duda, anak-anak serta orang tua. Meskipun begitu, jika dilihat dari asal santunan Jasa Raharja yang bukan dari korban, namun terhimpun dari para pemilik/ pengusaha alat angkutan lalu lintas jalan, maka dapat dikatakan cukup adil jika santunan tersebut hanya diberikan kepada ahli waris sedarah yang terdekat saja.Kata Kunci: ahli waris, santunan Jasa Raharja, PP No. 18 Tahun 1965

scholarly journals The formulation of nusantara fiqh in Indonesia

2021 ◽  
Vol 21 (1) ◽  
pp. 39-58
Author(s):  
M. Noor Harisudin
Keyword(s):  
Middle East ◽  
Legal System ◽  
Islamic Law ◽  
Fixed Domain ◽  
Library Research ◽  
Islamic Jurisprudence ◽  
National Legal System ◽  
Recent Developments ◽  
Nahdlatul Ulama ◽  
The Republic

This article discusses how Fiqh Nusantara, an Islamic jurisprudence in Indonesia was formed and formulated.  Data were obtained through library research, classic literature commonly used in Islamic boarding schools, fatwas of the Indonesian Council of Ulama, Nahdlatul Ulama, and Muhammadiyah. The Fiqh Nusantara contextualization in Indonesian locus – known as Fiqh Nusantara– is posed from distinctive genealogy and characteristics compared to Fiqh that has developed in the Middle East. One of the characteristics of Fiqh Nusantara is that it has strengthened the unity of the Republic of Indonesian as indicated by its various contributions in the national legal system. Additionally, it has been resulted in a dialogical process in which many fatwas developed and lived in the community. It is responsive to recent developments of fiqh and it is not derived from one school of thought. It is created through collective efforts (collective ijtihad) in the form of fiqh which is open to variety of opinions. However, Fiqh Nusantara as an Islamic law in Indonesia has not yet penetrated the domain of mahdlah (sincere worship to the God). For Fiqh Nusantara activists, it was only applicable to the changing domain of fiqh (mutaghayirat) and not to the fixed domain of fiqh (tsawabit).

scholarly journals The Difference Opinions Analysis on Conventional Bank Interest Law According to Ushul Fiqh

2019 ◽  
Vol 17 (1) ◽  
pp. 1
Author(s):  
Chamim Tohari
Keyword(s):  
Islamic Law ◽  
Legal Analysis ◽  
Conceptual Approach ◽  
Library Research ◽  
Crucial Problem ◽  
Legal Thinking ◽  
The Difference ◽  
Conventional Bank ◽  
Muslim Scholars

This research discussed conventional bank interest law according to the opinion of the Muslim scholars, which then will continue the discussion with the legal analysis based on the ushul fiqh theory to determine the strength of the conventional bank interest law. The most crucial problem examined in this research is how is prevailing bank interest law viewed from the perspective of usual fiqh? This research is library research. The approach used in this study is a conceptual approach considering the purpose to be achieved in this study is to produce one concept of Islamic legal thinking about bank interest law which is not bounded by existing views or opinions, but actually refers to the rules of Islamic law which is agreed upon by the majority of the muslim scholars. The results of this study are: The scholars have a different opinion on bank interest law. Those who forbid argued that bank interest has in common with usury, so it must be banned. As for those who justify bank interest explained that bank interest is not the same as usury, so its law is halal. As for those who consider it as a shubhat thing, because in their view the bank's interest besides having similarities with usury, also has a number of differences, so its law is shubhat. The bank interest law when viewed from the perspective of ushul fiqh, then both those that forbid, which justify, or those that consider syubhat, all of which do not originate from the qath'î, but zhannî propositions because they come from the results of ijtihad using the qiyâs method. Because of the absence of the qath 'argument, the author argues that the new direction to determine the halal-haram law of banking transactions with the interest system should be assessed from the large or small level of benefit (maslahah) and harm (mudharat) arising from the sale.

Seeking specific relief in cases of Islamic banking in Malaysia – an analysis

2018 ◽  
Vol 60 (2) ◽  
pp. 325-341
Author(s):  
Aishath Muneeza
Keyword(s):  
Financial Services ◽  
Islamic Law ◽  
General Rule ◽  
Islamic Banking ◽  
Content Type ◽  
Legal Principles ◽  
Banking And Finance ◽  
Muslim Countries ◽  
Library Research ◽  
Civil Codes

Purpose Often, the application of specific relief to Islamic banking is unspoken and unwritten. However, few studies suggest that legislation on specific relief needs amendment to cater for the effective application of Islamic banking and finance in the country and proposing the idea to introduce an Islamic Specific Relief Act. This paper aims to understand the application of specific relief to Islamic banking in Malaysia. This paper will look at the application of specific relief in Malaysia and discuss the extent of its application to Islamic banking cases reported in Malaysia from 1983 to 2015. The study will shed light on the general types of specific relief from Malaysian and Islamic law perspectives to conclude whether the provisions of Malaysian specific relief law invoked in courts in Islamic banking cases are in line with the general principles of Sharīcah. To further support this, evidence from various commercial civil codes of Muslim countries have been discussed to analyse these provisions from a more practical perspective. Design/methodology/approach This is a legal exploratory study primarily focussed on library research. Findings When it comes to Islamic banking, federal legislations dealing with commercial matters are applicable. For example, in Islamic banking products, if the land is the subject matter, then National Land Code 1965 shall be applied, and when dealing with Islamic banking agreements, the provisions of Contracts Act 1950 shall be followed. This has been highlighted as a problem faced by Islamic financial services in the case of Tan Sri Abdul Khalid Ibrahim v. Bank Islam Malaysia Berhad and other cases where the judge referred Engku Rabiah and quoted that in Islamic banking transactions, “the transactions entered by the parties may be Sharīcah-compliant in the first place, but upon enforcement of the contracts, the court may make orders and decisions that may side line the Islamic legal principles”. This happens when the substantive laws applicable to Islamic banking are incompatible with Islamic law. Fortunately, the analysis of the relevant sections of Specific Relief Act 1950 in this research proves that the provisions reviewed are in line with Sharīcah. However, to further enhance the operation of specific relief, the granting of specific relief could be made a general rule rather than an exceptional rule available with stringent rules. The research revealed that Specific Relief Act (1950) is expressly referred and discussed only in three cases reported from 1983 to 2015. There are only two specific sections of Specific Relief Act (1950) that have been deliberated in the reported case law on Islamic banking: provisions related to granting of a mandatory injunction and specific performance of contracts. Originality/value It is anticipated that this paper will assist to comprehend the importance of converging law and Sharīcah in legislations to attain Sharīcah compliance and will help to realise that not all conventional legislations are Sharīcah non-compliant.

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