scholarly journals Balinese Muslim Minority Rights in Education and Islamic Family Law

2021 ◽  
Vol 5 (2) ◽  
pp. 804
Author(s):  
Ismail Muhammad ◽  
Safrina Ariani ◽  
Muhammad Yusuf
Keyword(s):  
Family Law ◽  
Low Cost ◽  
Minority Group ◽  
Phenomenological Approach ◽  
Regional Office ◽  
The Family ◽  
Muslim Minority ◽  
Islamic Family Law ◽  
Religious Courts ◽  
Joint Property

Islam came in peace to Bali in the 14th century, initiated by communities from Java, and followed by those from Bugis, Makassar, Lombok, and even Malays and Arabs. Muslims in Bali are a minority group, which only accounts for 10.08% of the total population of Bali. This study aims to examine the rights of the Balinese Muslim minority in education and Islamic family law. This study is empirical legal research that examines the law in relation to problems in society realistically, or a socio-legal study, using a phenomenological approach. Data collection techniques included interview, observation, and literature review. The respondents interviewed were selected purposively from the Regional Office of the Ministry of Religious Affairs, the Mosque Management, the Provincial Council of Ulema, and the local Muslim community. The findings reveal that the rights of Balinese Muslim minority in terms of education, both formal and informal, are displayed through strengthening the family resilience by building the spirit of Islam, carrying out children’s education in an Islamic way by promoting tolerance, and sending children to Islamiceducational institutions such as Taman Pendidikan Al-Qur' an (TPA), Raudhatul Atfhal (RA), pesantrens, and madrasas. Further, Islamic family law is implemented in matters of marriage, divorce, waqf, child guardianship, and joint property under the simple, fast, and low-cost principles carried out by the Office of Religious Affairs, Religious Counselors, and the Religious Courts in Denpasar. It seems that historical bonding is highly fundamental that allows the Muslims and the Balinese people in general to continue to live in harmony and peace to this day.

scholarly journals Perempuan Sebagai Anak dan Hak-Haknya dalam Perkawinan (Studi terhadap Peraturan Perundang-undangan dan Praktek di Pengadilan Agama)

2012 ◽  
Vol 2 (1) ◽  
pp. 125-147
Author(s):  
Fatima Fatima
Keyword(s):  
Family Law ◽  
South West ◽  
Minimum Age ◽  
Islamic Family Law ◽  
Age Of Marriage ◽  
Religious Courts ◽  
Central South ◽  
Islamic Courts

This paper aims to investigate how women or girls as daughters are administered in Islamic family laws and how they are awarded rights in regard to marriage. It also analyses how judges at Islamic courts solve the cases involving women as daughters. It, therefore, discusses how, according to Indonesian Islamic family law, women, as daughter could obtain permissions to get married when their parents are reluctant to marry them. It also discusses how they have also right to obtain permission to get married although they have not reached the minimum age of marriage. Investigating a number of judgments from Islamic courts of Central, South, West and East Jakarta and using socio-legal approach, this paper reveals that the proposal for marriage dispensation by parents at religious courts increased from year to year and that the proposals were often approved by judges. It also demonstrates that judges mostly conclude that the reluctance of parents to marry their daughters is based on legal reasons so that judges often decide to appoint ‘wali hakim’, as a substitute to ‘wali nasab’.    

scholarly journals Islamic Family Law Reform: Problems and Prospects

ICR Journal ◽  
2011 ◽  
Vol 3 (1) ◽  
pp. 37-52
Author(s):  
Mohammad Hashim Kamali
Keyword(s):  
Community Development ◽  
Family Law ◽  
First Century ◽  
Law Reform ◽  
International Institute ◽  
Special Issue ◽  
International Conference ◽  
Islamic Thought ◽  
The Family ◽  
Islamic Family Law

This Special Issue of Islam and Civilisational Renewal carries selected papers from the ‘International Conference on the Family Institution in the Twenty-First Century: Ideals and Realities’, held at IAIS Malaysia on 13-14 December 2010. The event was jointly organised by IAIS Malaysia, the Institute of Islamic Understanding Malaysia (IKIM), Yayasan Pendidikan Islam (YPI), Yayasan Ubaidi, the Journalists and Writers Foundation, Istanbul, Turkey, the International Institute of Islamic Thought (IIIT), and the Malaysian Turkish Dialogue Society, and officiated by Senator Dato, Sri Sharizat Abdul Jalil, Malaysia’s Minister of Women, Family and Community Development.  

THE APPLICATION OF ISLAMIC LAW AT THE COLONIAL AGE AND IT'S IMPLICATION FOR THE INDONESIAN RELIGIOUS JUSTICE SYSTEM

2019 ◽  
Vol 1 (2) ◽  
Author(s):  
Muhamad Mas’ud
Keyword(s):  
Indigenous People ◽  
Islamic Law ◽  
Family Law ◽  
Customary Law ◽  
Legal Norms ◽  
East Indies ◽  
Historical Figure ◽  
Dutch East Indies ◽  
Islamic Family Law ◽  
Religious Courts

The enactment of Islamic law during colonialism was marked by the thought of Sayyid Usman, a historical figure who had a great interest in the study of Islamic law in Indonesia during the Dutch East Indies colonization. As a scholar, he has special attention to the continuity of Islamic law in Indonesia, especially regarding Islamic family law, which at that time had been widely practiced by people to replace customary law. In addition, he also contributed a lot of thoughts in the context of enforcing Islamic law by organizing religious justice institutions and compiling Islamic family law. Formally the institutions of religious justice, especially in Java and Madura, were only formed by the Dutch East Indies government in 1882, through the Staatsblad 1882 No. 152. This formation is at once a measure of the reorganization of religious justice institutions, namely by establishing new religious courts in addition to each landraad (the same court) with the same legal area, on average as large as the district. It's just that if before the religious court was independent, then with this reorganization the power to carry out the verdict was handed over to landraad. K.F. Holle, L.W.C. Van den Berg, and Snouck Hurgronje, these three Dutch people were very influential in the birth of the theory of the enactment of Islamic law in Indonesia, L.W.C. Van den Berg is one of the initiators of the theory of receptio in complexu, which states that "for Muslims full Islamic law applies because he has embraced Islam even though there are still deviations in its implementation. Next to L.W.C. Van den Berg carries the theory of receptio in complexu, and Snouck Hurgronje as the originator of receptie theory, which states that for indigenous people basically customary law applies, and Islamic law applies to indigenous people if Islamic legal norms have been accepted by society as customary law.

scholarly journals KAJIAN SOSIOLOGIS DALAM HUKUM KELUARGA ISLAM

Ijlil ◽  
2021 ◽  
Vol 1 (2) ◽  
pp. 196-215
Author(s):  
Syamsul Arifin
Keyword(s):  
Family Law ◽  
Point Of View ◽  
Sociological Research ◽  
Legal Research ◽  
Legal Studies ◽  
The Social ◽  
Social Theories ◽  
The Family ◽  
Islamic Family Law ◽  
Sociological Studies

Sociological studies in Islamic family law are an alternative to legal research, which is a legal research not only in the forms of existing rules, but also examines the law in the legal reality that occurs in society. Sociological studies become a different point of view, where Islamic family law research is very close to syara 'law, determining whether or not it is permissible according to syara'. Sociological research Sociological research can be a research explaining the phenomenon of Islamic family law studied with social theories. Moreover, the family is the smallest social structure in the social world. The study of legal practices in matters related to the Islamic family becomes legal studies not only in the form of normative doctrinal, but empirical non-doctrinal.

scholarly journals KONTRIBUSI FATWA MUI NO.11 TAHUN 2012 TENTANG ANAK HASIL ZINA DAN PERLAKUAN TERHADAPNYA DALAM HUKUM KELUARGA ISLAM DI INDONESIA

2018 ◽  
Vol 30 (1) ◽  
pp. 1
Author(s):  
Haniah Ilhami
Keyword(s):  
Family Law ◽  
The Other ◽  
Court Decision ◽  
Constitutional Court ◽  
Islamic Family Law ◽  
The Government ◽  
Religious Courts

AbstractIdentifying the contributions of Fatwa MUI No. 1 year 2012 in Indonesian Islamic Family Law, this research finds that the Fatwa has contributed in 2 (two) positions. First, the Fatwa contributes to the development of the substance of Islamic family law through its position as the  clarification and explanation of the Constitutional Court Decision Number 46/PUU-VIII/2010, as the confirmation of the prohibition of adultery, as the recommendation for the Government, and as the regulation that provides children’s protection. In the other side, the Fatwa contributes practically in Religious Courts through its contribution as the Judge's guidance, completes the absence of related regulations, and the source of material law.  IntisariDalam kajian terhadap Fatwa MUI No. 11 Tahun 2012, penelitian ini menemukan bahwa Fatwa MUI No.11 tahun 2012 telah memberikan kontribusi bagi hukum keluarga Islam di Indonesia dalam 2 (dua) bentuk. Pertama, fatwa berperan terhadap pengembangan substansi hukum keluarga Islam karena telah memberikan klarifikasi dan penjelasan atas Putusan MK Nomor 46/PUU-VIII/2010, mengatur larangan perbuatan zina, sebagai rekomendasi bagi Pemerintah dalam penyusunan peraturan perundang-undangan terkait zina, dan memberikan perlindungan hukum bagi anak hasil zina. Kedua, fatwa berkontribusi dalam tataran praktis di Pengadilan Agama sebagai pedoman Hakim, pengisi kekosongan hukum, dan sebagai sumber hukum materiil. 

scholarly journals LEGISLASI HUKUM KELUARGA ISLAM BERDASARKAN KOMPILASI HUKUM ISLAM

EKSPOSE ◽  
2019 ◽  
Vol 16 (2) ◽  
pp. 361
Author(s):  
Ismail Keri
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Islamic Law ◽  
Family Law ◽  
State Constitution ◽  
History Of ◽  
National Life ◽  
Islamic Family Law ◽  
Basic Ideas ◽  
Religious Courts

Islamic Family Law consists of fundamental nationalities that always live and develop along with the development of society in the life of the nation. The configuration of national life interests is an instrument contested by the nation's components in these interests in the path of the state constitution, thus gaining a place of legitimacy in the process of constructing a national legal order. The history of national legal legislation has included the Compilation of Islamic Law as one of the country's alignments with the process of Islamic family law into National law. At the same time, the recovery of the development of Islamic Family Law is increasingly lively as the process of finding answers to Islamic problems in the archipelago's insight, how: Compilation of Islamic Law accommodates changes in the application of Islamic family law in Indonesia?The description that can be obtained in this study shows that based on the history of beginning, the Compilation of Islamic Law is present as meeting the needs of the Islamic community as well as filling in the gaps that occur in the Religious Courts whose authority is regulated in Law No. 7 of 1989. However, in its journey, a number of studies and studies explained that the Compilation of Islamic Law contained a variety of potential criticisms, in which the Compilation of Islamic Law was deemed to be no longer sufficient in resolving various complex complexity problems. Therefore it is necessary to reconstruct the Compilation of Islamic Law by paying attention to the principles of equality (al-muswah), brotherhood (al-ikhâ`), and justice (al-`adl), as well as basic ideas for the formation of civil society, such as pluralism, gender equality , Human rights, democracy, and egalitarianism, so that the needs of Islamic family law can be fulfilled in several such as Constitutional aspects, Content aspects (Material / Content and Ideas), Aspects of Islamic Law Enforcement (rule of law) in the Indonesianness frame.

scholarly journals Competence Interpertations of Religious Court For Islamic Family Law in Indonesia

2019 ◽  
Vol 1 (5) ◽  
pp. 106
Author(s):  
Ruslin Ruslin
Keyword(s):  
Family Law ◽  
Descriptive Analysis ◽  
Middle Level ◽  
Qualitative Assessment ◽  
Applied Theory ◽  
Starting Point ◽  
Islamic Family Law ◽  
Object Of Study ◽  
Data Collections ◽  
Religious Courts

Limitation study area in this article is the starting point of three scholarly foundations, the foundation of ontology related to the object of study, epistemological ground with regard to the method used in the study and axiology related to foundation with the purpose or significance of the study. The object of study in this article is the competence of the Religious Court in the interpretation of Islamic family law in Indonesia, covering permasalahan Interpretation of Family Law Islamic Religious Courts Indonesia, procedures Interpretation of Family Law Islamic Religious Courts Indonesia, judgment of Religious Courts in Indonesia there Interpretation Law and competent in the interpretation of Islamic Family Law in Indonesia Religious Courts. The method used, the study included a kind of normative legal studies approach to the blade, then the method of analysis, there are three, namely: (1) political approach, (2) statue approach, (3) analytical approach. The data source materials normative, ie competence Religious Courts of Indonesia and all sources of Islamic family law that is set in the regulations and legislation arranged in hierarchical.Techniques are Data collections to study for the document. This study, including qualitative assessment of normative, the analytical descriptive analysis (explanatory). Theoretical framework used, ie at the level of grand theory using the theory of ijtihad, the middle level of theory using the theory of law and society and on the plains applied theory using the theory of Islamic Sharia Judical system. While the significance of this study is to find the source of the law, the legal function and purpose of law. The results in the study which were to find the nature of legal interpretation procedures, problems that are interpreted in the Religious and who are competent to interpret the Islamic family law in Indonesia Religious Courts. Keywords: interpretation; Islamic family law; justice religion

scholarly journals Parental Rights and Obligations to Children in the Era of Industrial Revolution 4.0 (Islamic Family Law perspective)

2020 ◽  
Vol 4 (1) ◽  
pp. 232
Author(s):  
Asman Asman
Keyword(s):  
Digital Technology ◽  
Industry 4.0 ◽  
Industrial Revolution ◽  
Family Law ◽  
Qualitative Approach ◽  
Parental Rights ◽  
Library Research ◽  
The Family ◽  
Islamic Family Law ◽  
Negative Impacts

In accordance with the current development of the current era of globalization is very fast developing, especially digital technology called the era of revolution Industry 4.0 where the existence of technology and information can be accessed anytime and by anyone, so that positive and negative impacts on the rights and obligations of parents to children in the family. This study uses a qualitative approach by collecting data through library research techniques, then analyzed in the perspective of Islamic family law. The method used is descriptive qualitative which describes data related to the rights and obligations of parents to children in the revolutionary 4.0 era in the perspective of Islamic family law. The focus of the problem in this study is how the rights and obligations of parents towards children in the 4.0 revolution industry era in the perspective of Islamic family law. The results of this study, parents have rights and obligations which are the responsibility of actualizing the rights of children in protecting, controlling, educating, maintaining respect and protecting children in the family.

scholarly journals Who’s Afraid of Islamic Family Law? Dealing with Shari‘a-based Family Law Systems in the Netherlands

2017 ◽  
Vol 7 (1) ◽  
pp. 53-69
Author(s):  
Iris Sportel
Keyword(s):  
The Netherlands ◽  
Family Law ◽  
Negative Impact ◽  
State Courts ◽  
Political Debate ◽  
Political Discourses ◽  
Political Debates ◽  
The Family ◽  
Unilateral Divorce ◽  
Islamic Family Law

In the Netherlands, where views of Muslims and Islamic family law are highly politicised, the application of Islamic family laws by Dutch courts is a topic of heated political debate. Especially polygamy and unilateral divorce by men (talaq) are thought to have a strongly negative impact on the position of Muslim women in the family. In order to assess the gendered impact of Islamic family laws in a European context, this article takes a closer look at Dutch state courts’ decisions. It asks how the application of Islamic family laws can be understood against the background of Dutch political discourses on Islam, family law and women’s rights. While in public and political debates, Islamic family laws are frequently thought to be women-unfriendly, this article shows that the encounter between Islamic family laws and Dutch law often has severe impact on the position of Muslim men living in the Netherlands.

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