scholarly journals Status Hukum Pernikahan Yang Dilaksanakan Oleh Wali Hakim Luar Negeri (Studi Kasus di Mahkamah Syariah Negeri Kelantan)

2020 ◽  
Vol 20 (1) ◽  
pp. 39
Author(s):  
Soraya Devy ◽  
Mohammad Syakirin Bin Zahari
Keyword(s):  
Legal Status ◽  
Islamic Law ◽  
Family Law ◽  
Primary Source ◽  
Foreign Affairs ◽  
Secondary Source ◽  
Secondary Sources ◽  
Court Judge ◽  
Islamic Family Law ◽  
Interview Studies

Status Hukum Pernikahan yang Dilaksanakan oleh Wali Hakim Luar Negeri adalah salah satu permasalahan dari ketentuan hukum Islam bagaimana status hukum pernikahan tersebut dan bagaimana pertimbangan hakim Mahkamah Rendah Syariah Kota Bharu dalam menjatuhkan putusan terhadap status hukum pernikahan yang dilaksanakan oleh wali hakim luar negeri. Di dalam penelitian ini, penulis menggunakan metode kajian pustaka dan wawancara. Hasil dari kajian pustaka dan wawancara, penulis mendapat dua sumber yaitu sumber primer dan sumber sekunder. Dari sumber primer yaitu putusan hakim yang berkaitan secara langsung bertempat di Mahkamah Rendah Syariah Kota Bharu, Kelantan. Manakala sumber sekunder yaitu sumber yang mampu atau dapat memberikan informasi atau data tambahan yang dapat memperkuat perbahasan data yang diambil penulis dalam skripsi ini adalah dari wawancara, buku-buku standard, kitab-kitab dalil dan hadist, al-Quran dan Enakmen Undang-Undang Keluarga Islam di Malaysia. Hasil dari penelitian ini menunjukkan bahwa pandangan hakim dalam memutuskan perkara Status Hukum Pernikahan  dilaksanakan oleh Wali Hakim Luar Negeri antaranya adalah pemohon gagal menggunakan wali hakim yang ditunjukkan oleh DYMM Al-Sultan Kelantan, pemohon gagal mengikuti peraturan-peraturan prosedur pernikahan diluar negeri Enakmen Undang-undang Keluarga Islam antaranya seperti masa pendaftaran pernikahan dijalankan diluar negeri di Malaysia, prosedur wali enggan dan wali hakim, sehingga Mahkamah menolak permohonan pemohon. Oleh karena itu, bagi seorang yang ingin menikah haruslah mengikuti prosedur-prosedur yang ditetapkan oleh undang-undang. Jangan sampai hal pernikahan seperti ini tidak dapat didaftarkan dan status hukum pernikahan itu dianggap tidak sah dan tidak wujud oleh negara dan hukum Islam.The Legal status of the marriage conducted by the Regent of Foreign Affairs is one of the problems of the provisions of Islamic law on how the legal status of the marriage and how the judges of the Syariah low Court judge Kota Bharu to impose a verdict on the legal status of marriage carried out by foreign trustees. In this study, the authors used a method of literature and interview studies. As a result of the review of the literature and interviews, the authors got two sources: primary and secondary sources. From the primary source, the ruling judge is directly related to the Syariah low court of Kota Bharu, Kelantan. While the secondary source is capable or can provide information or additional data that can strengthen the discussion of the data taken by the author in this thesis is from interviews, standard books, Evidence books, and Hadist, al-Quran, and enactment of the Islamic Family Law in Malaysia. The results of this study show that the view of the judge in deciding the marital legal Status is carried out by the Regent of Foreign Affairs, among others, the applicant failed to use the trustee indicated by HRH Al-Sultan of Kelantan, the applicant failed to follow the rules of marriage procedures abroad enactment of the Islamic Family law such as the period of marriage registration conducted abroad in Malaysia Applicant's application. Therefore, one who wants to marry must follow the procedures established by the law. Do not let this kind of marriage be registered and the legal status of the marriage is deemed invalid and not in existence by the state and Islamic law.

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.

scholarly journals AN OVERVIEW OF THE GENESIS, SOURCES, MANIFESTATIONS AND IMPACT OF SMALL ARMS AND LIGHT WEAPONS (SALW) IN NORTHERN NIGERIA

2020 ◽  
Vol 16 ◽  
pp. 195-218
Author(s):  
Babayo Sule ◽  
Ibrahim Kawuley Mikail ◽  
Muhammad Aminu Yahaya
Keyword(s):  
Political Institutions ◽  
Primary Source ◽  
Armed Conflicts ◽  
Secondary Source ◽  
Northern Nigeria ◽  
Small Arms ◽  
Intelligence Gathering ◽  
Secondary Sources ◽  
The North ◽  
Light Weapons

The protracted proliferation of Small Arms and Light Weapons (SALW) across the globe to Africa and specifically in Northern Nigeria has led to the explosion of social crises which culminated in insecurity situation in the region for more than a decade now. Armed conflicts emanated from the effects of the spread of SALW across the three geopolitical zones in the North which manifested in the Boko Haram insurgency in the Northeast, farmers-herders conflict in the Northcentral, armed banditry in the Northwest and ethnoreligious conflicts in addition to kidnappings in the region. The objective of this study is a critical and thorough investigation of the SALW in exacerbating armed conflicts in general in the Northern part of Nigeria. The problem is the scenario in which the armed conflicts are threatening to entirely destabilised the region and the manner in which the SALW are increasing despite the global efforts to contain their spread for security reasons. This research used a qualitative method of data collection and analysis. Both the primary and secondary sources were used. The primary source was the interview conducted with selected informants in the relevant area of study. The secondary source was the use of available literature on the subject matter of study and the discussions were made using thematic analytical interpretations. The research discovered that the rampant armed conflicts in Northern Nigeria is the reminiscent of the spread of SALW in the region which tantamount to the present critical security situation. Also, weak policy and political institutions contributed to the spread of SALW which means there is a need for a strong policy approach. The work recommends among other numerous suggestions that efforts should be intensified in intelligence gathering to detect the networking of the racketeers in the armed business and contain them appropriately as well as total blockage of the weapons’ route.

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 INFLUENCE OF THE ENVIRONMENT TO MAGGIE'S BEHAVIOR IN CRANE'S "MAGGIE: A GIRL OF THE STREET"

2021 ◽  
Vol 8 (1) ◽  
pp. 67-83
Author(s):  
Prawidya Y. Sigar ◽  
Olga Rorintulus ◽  
Imelda S. lolowang
Keyword(s):  
Qualitative Research ◽  
Primary Source ◽  
The Other ◽  
Secondary Source ◽  
Psychological Approach ◽  
Wrong Decision ◽  
Her Family ◽  
Secondary Sources ◽  
Love Relationship ◽  
Family Condition

The purpose of this research Is to reveal the infiuence of the environment to Maggie's behavior In Crane's “Maggie: A Giri of the Streets”. In conducting this research, the writer uses qualitative research In which the data are in the form of words rather than numbers. In analyzing data, the writer uses objective and psychological approach. The data collected in this research from two sources, primary and secondary sources. Primary source is Crane's “Maggie: A Girl of the Streets” and secondary source are the other books and data from internet that related to this research. The result of the research shows that Maggie has a miserable life that caused by her bad environment. It caused by her family condition, her Job, her neighborhood, her love relationship with Pete, and all the problems that she has to face in everyday of her life. She has to survive by anything ways in order to get a better life. But the conditions make her depressed. At the end of the story, Maggie chooses a wrong decision. She kilis her self.

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.

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

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).

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