scholarly journals THE CHANCE ON ISLAMIC FAMILY LAW STUDY IN INDONESIA

2019 ◽  
Vol 4 (1) ◽  
pp. 42-55
Author(s):  
Ali Abubakar

Among the numerous problems frequently discussed by Islamic jurists is the separation of Muhammad's functions between as a Prophet or Apostle and as the head of a state. Sunnah as a reflection of the former must be carried out as it is, while the sunnah that represents the latter should be seen through adjusting the context to particular places and times. In general, the former is much related to the issues of ritual practices (Ibadah / God worshiping) which are regarded static or fixed in nature; probability of changes and development does not seem to appear in this domain although diversity does exist. Contrawise, a study on Muhammad's function as the head of state will experience progressive changes because it involves changes of variables such as time, place, circumstance, motivation, and tradition. However, due to the nature of bidimensionality of Islamic law, Muhammad's gait as the head of state is inseparable from the textual content of revelation which is rigid in nature; such particular content will stay unchanged across space and time. This content is called "value" (e.g. Syamsul Anwar), or maqāṣid al-syarī`ah (al-Ghazali, al-Syāṭibī, al-Ṭūfī, Ibnu Asyūr) or — ratio legis (Fazlur Rahman). The law can experience changes in adjustment to space and time under the same textual content in use as a guide

2017 ◽  
Author(s):  
Rahmah Murtadha ◽  
Muhammad Mutawali

The law of Bima Sultanate was shaped by two legal traditions, Mbojo custom and Islamic law. The encounter between them did not stir up conflicts and tensions. Mbojo custom representing the local tradition and Islamic law as the external element were complementary each other; they were mutually enforcing. This article examines the implementation of Islamic family law, marriage, divorce and inheritance in Bima Sultanate. This article shows that Islamic family law was applied effectively in Bima. This can be seen from the various legal cases. One example dealt with violation of conditional divorce by Im‟s husband, Smdn. The Sultanate Court ruled one repudition on this case because Smdn was proved guilty for breaking his conditional divorce oath by leaving his wife for seven years without any support. The other case was concerned with inheritance where Islamic inheritance law was fully applied. The assimilation of adat and Islam in the Sultanate was realized by applying Islamic law or adopting its stipulations and expressing this in the language of local custom


2011 ◽  
Vol 11 (2) ◽  
pp. 145
Author(s):  
Ismail Ismail

Islamic family law or ahwal al-shakhsiyyah has prevailed in Indonesia since the inception of the law no. 1year 1974 concerning with marriage and the compilation of Islamic law in Indonesia (KHI) in 1991.Islamic family law run in Indonesia is not exactly the same as those contained in the books of classicaljurisprudence (fiqh). From its materials has been found in the legislation, there are a number of newprovisions that was different from those classical Islamic jurisprudence such as in marriage record, agerestrictions of marriage, polygamy, inheritance and wasiah wajibah etc.  These new provisions were issuedby scholars and contemporary Islamic jurists in the context of law reform. 


2020 ◽  
Vol 1 (1) ◽  
pp. 1-20
Author(s):  
Ishak Tri Nugroho ◽  
Muhammad Akbar ◽  
Suhri Hanafi

The long history of reforming Islamic Family Law in the Muslim world began in the 20th century when Turkey became the first Muslim country to pioneer this reform. These reforms greatly influenced the reform of Islamic family law in Egypt and provided a more forward-looking color compared to what was previously done, the impetus for reform and reform of Islamic law in Egypt came from within the Islamic tradition itself and from outside the Islamic tradition. In addition to reforming family law in general, Egypt has also reformed the concept of inheritance law regarding wajibat for orphan grandchildren, which actually does not discuss this matter in classical books. Egypt regulates the issue of compulsory wills in the Egyptian Law, namely Law no. 71 of 1946 concerning inheritance, Egypt introduced a new concept in terms of inheritance for orphaned grandchildren who are usually considered as dzawil arham who are prevented from obtaining inheritance, so they are now entitled to inheritance by using the mandatory will. The concept of wills, mandatory, for inheritance for orphaned grandchildren does not exist in classical jurisprudence, and it appears that Egypt is trying to reform the law by inventing new laws or rechtsvinding, in order to find a solution to the inheritance problems that occur in Egypt.


2020 ◽  
Vol 2 (1) ◽  
pp. 63-78
Author(s):  
Haqqiyah Uthlufah

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.


2019 ◽  
Vol 27 (2) ◽  
pp. 317-336
Author(s):  
Azizah binti Mohd

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.


2018 ◽  
Vol 10 (3-4) ◽  
Author(s):  
Zanariah Noor

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.


2007 ◽  
Vol 35 (3) ◽  
pp. 514-536 ◽  
Author(s):  
Raihana Abdullah

Islamic Family Law is one of the most studied fields in Malaysian law. This is because it affects the personal life of Muslims, and because many issues have arisen as a result of the implementation of the Islamic Family Law Enactment which governs Muslims in Malaysia. Scholarship in this area has expanded with the development of the Enactment itself. Several approaches have been used to analyze the implementation of the lawinter alia,legal, socio-legal, comparative, and anthropological and sociological perspecitves. It cannot be denied that research and scholarly publications in the field of Islamic Family Law have contributed to further strengthening the administration of justice and the implementation of the law. As such, this paper is intended to describe the trends in the area of Islamic Family Law. Doing so will assist in ascertaining the direction of this field in the future.


2014 ◽  
Vol 14 (1) ◽  
pp. 1
Author(s):  
Ahmad Bunyan Wahib

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.


Asy-Syari ah ◽  
2019 ◽  
Vol 21 (1) ◽  
pp. 39-54
Author(s):  
Neneng Hasanah ◽  
Hamzah Hamzah

Abstract: Talking about the rules of jurisprudence on social issues, also called norms of jurisprudence on muamalah (transaction social), can not be separated from human life as social beings whose deliberations will never be completed in a short time, he needs space and time in addressing and finish it. As social beings, humans have always played an important role and dominate the issue, because he is as subject and object. So he tested must be able to provide solutions to every social problem that occurred. In muamalah jurisprudence and Islamic family law, the scope of ijtihad to be very broad and materials jurisprudence as a result of ijtihad becomes very much. While al-Quran and al-Hadith and to determine the field muamalah only sketchily which is reflected in the arguments kully (general), maqasid al-shariah, the spirit of the teachings and rules kulliyah. In this framework, humans were given the freedom sought on this earth. To prosper the life of this world, man as God's caliph must kretaif, innovative, hard work and struggle. Not fighting for life but life is a struggle to carry out the mandate of God, which is essentially for human kemashlahatan all. Thus a lot of the efforts of the jurists to give way on the problems of mankind with their ijtihad in fiqh rules about muamalah field, ranging from fundamental rules and branches.Abstrak: Berbicara tentang aturan hukum Islam pada masalah sosial, atau disebut juga dengan fiqih muamalah, tidak dapat dipisahkan dari kehidupan manusia sebagai makhluk sosial yang tidak akan pernah selesai dalam waktu singkat, ia mem­butuh­kan ruang dan waktu dalam menyikapi dan menyelesaikannya. Sebagai makhluk sosial, manusia selalu memainkan peran penting dan mendominasi masalahnya, kare­na ia sebagai subjek dan objek pada permasalahan tersebut. Maka ia diuji sejauh mana mampu memberikan solusi pada setiap masalah sosial yang terjadi. Dalam perma­salahan sosial/muamalah dan hukum keluarga Islam, ruang lingkup ijtihad menjadi sangat luas dan materi sebagai hasil dari ijtihad menjadi sangat banyak. Sedangkan al-Quran dan al-Hadits dalam bidang muamalah tidak secara eksplisit menjelaskannya, ia hanya tercermin dalam kaidah kully (umum), maqasid al-syariah, semangat ajaran dan aturan kulliyah. Berdasar­kan kerangka itulah manusia diberi kebebasan berusaha di muka bumi ini, berusaha untuk menjadi yang terbaik. Dalam memakmurkan kehidupan alam jagat raya, manusia sebagai khalifah Allah harus kreatif, inovatif, kerja keras, dan berjuang untuk menggali potensinya sebagai wakil Allah di bumi ini. Bukan berjuang hanya sekedar untuk hidup, tetapi hidup ini adalah perjuangan untuk melaksanakan amanat Allah yang pada hakikatnya untuk kemashlahatan manusia semua. Sehingga dengan demikian, banyak sekali usaha-usaha para fuqaha (ahli hukum Islam) untuk memberikan jalan pada permasalahan umat manusia dengan ijtihad mereka dalam bidang kaidah fiqih tentang muamalah, mulai dari kaidah asasi dan cabangnya.     


2016 ◽  
Vol 12 (2) ◽  
pp. 209
Author(s):  
Rusli Rusli

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).


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