scholarly journals Pengaruh Islamic Law System Terhadap Hukum Ekonomi Indonesia

2019 ◽  
Vol 4 (2) ◽  
Author(s):  
Tutik Nurul Janah
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Legal System ◽  
Islamic Law ◽  
Civil Law ◽  
Islamic State ◽  
Law System ◽  
Legal Norms ◽  
Economic Law ◽  
Civil Law System

Islamic Law System is generally applied in Islamic countries. An Islamic state is a country that uses Islamic law as the formal law of the state. Indonesia is a country with a dominant legal system using the Civil Law System. However, despite the dominant use of the Civil Law System, the Islamic Law System is also quite influential in Indonesia, especially in Privat law and economic law. The influence of the Islamic Law System in Indonesian economic law can be seen from the passing of the Law on Sharia Banking and other Legislation relating to Islamic economics. The dynamics of the speed of the needs of economic actors for legislation makes economic law the most dynamic field of law among other fields of legal study. Nevertheless, the legal norms must not be in conflict with human rights and humanity in order to achieve social justice for all Indonesian people.

ON THE QUESTION OF THE STRUCTURE OF INHERITANCE LAW

2021 ◽  
Vol 14 (2) ◽  
pp. 59-67
Author(s):  
EKATERINA KHODYREVA ◽  
Keyword(s):  
Legal System ◽  
Civil Law ◽  
Central Place ◽  
Legal Regulation ◽  
Inheritance Law ◽  
Law System ◽  
Legal Norms ◽  
The Subject ◽  
The Right ◽  
Civil Law System

In the present article, the author considers various doctrinal judgments on the question of what constitutes inheritance law and what place it occupies in the legal system. The purpose of the research is to determine the structural divisions of the sub-branch of inheritance law and substantiate the view on the recognition of inheritance law as a sub-branch of civil law with the designation of its inherent institutions and subinstitutions. Results. Based on the results of the study, the author came to the conclusion that inheritance law, taking into account the content of the legal norms forming it, can only be recognized as a sub-branch of civil law. There are no sufficient grounds to consider inheritance law as an institution of civil law or as an independent legal branch as a structural unit of the legal system. Due to the subject of legal regulation, inheritance law is separated from other sub-sectors in the civil law system. Taking into account the specifics of the subject and method of legal regulation, the sub-branch "inheritance law" is subject to further differentiation into its constituent institutions and sub-institutes. It is concluded that it is necessary to distinguish five main institutions within the studied sub-sector, the central place among which belongs to the institute of inheritance law. The legal norms of this institution are currently dispersed in separate chapters of section V of the Civil Code of the Russian Federation and cover the specifics of regulating both hereditary and some related legal relations. It is this diversity to be included in the Institute of law of inheritance relations allows to conclude on the need for it subinstitute three: hereditary sub instructions, sub succession and sub the exercise of the right of inheritance.

scholarly journals Inheritance Laws in Indonesia

2017 ◽  
Vol 1 (2) ◽  
pp. 99
Author(s):  
Irawaty Irawaty ◽  
Diyantari Diyantari
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Civil Law ◽  
Inheritance Law ◽  
Law System ◽  
The People ◽  
System 2 ◽  
Religious Nation ◽  
Civil Law System ◽  
Adat Law

Indonesia implements civil law system. There are three sub legal systems which are implemented until today. They are: positive/national law system, Islamic law system, and Adat law system. The majority of Indonesians are Islamic believers. The people claim that they are a religious nation. However, the implementation of the inheritance law in accordance with the Islamic law and the Adat law is sometimes different. One of the ethnic groups which has different regulation in heritance is Minangkabau. Minangkabau inheritance adat law has been a controversy. It is because while they claim that all Minangkabau people are Islam, they implement an inheritance law that is said as violating the Islamic inheritance law. In Islam, inheritance is passed down to children, both daughter(s) and son(s)  with the composition son(s) inherits two parts compared to daugther(s). Many people  mislead that the Minangkabau inheritance law passes down the inheritance to daughter(s) only. This paper discusses: 1) how are inheritance matter regulated in each of the aforementioned sub legal system? 2) how is inheritance matter regulated in Minangkabau ethnic group?    

scholarly journals Debate on Status of Existing Non-Muslim’s Worship Places in Multi-faith Society

2021 ◽  
Vol 3 (02) ◽  
pp. 11-21
Author(s):  
Manahil Yaqoob ◽  
Farhana Mehmood
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Religious Freedom ◽  
Analytical Approach ◽  
Islamic Law ◽  
Significant Feature ◽  
Islamic State ◽  
International Media ◽  
The Status ◽  
Islamic Society

Islamic Law (Shariah) has granted fundamental human rights to Muslims and non-Muslims and safeguards their life and property by providing equal social justice. The significant feature of Shariah is to provide non-Muslims the freedom to exercise their religion in an Islamic state. The paper discusses non-Muslim’s worship places that are established in an Islamic society.  The objective of this research is to remove misunderstandings created by International media on current issues against Islamic teachings, Muslim jurists debate on Shariah perspective regarding the status of construction or erection of worship places. This present paper divided the debate on three major issues which are addressed by the Muslim jurist in today’s conflicting scenario. Firstly, Religious freedom to exercise non-Muslim’s faith in an Islamic state, secondly rulings for non-Muslim’s worship places on Islamic Lands, and lastly rebuilding and construction of non-Muslim’s worship places in a multi-faith society. A descriptive and analytical approach has been adopted for juristic opinions. The paper examines these debates by Muslim jurists of the Sunni school of thought and concludes that Shariah has granted non-Muslim’s right to construct or upright their worship places in their majority ruler area. A Muslim ruler may protect worship places of non-muslims and on the circumstantial requirement, he authorized to convert these places where necessary under the principles of Mashlaha Aama defined by the principles of Shariah.

scholarly journals DISKRESI HAKIM DALAM MENETAPKAN HUKUM DI PENGADILAN AGAMA KELAS IB BATUSANGKAR

2017 ◽  
Vol 16 (1) ◽  
pp. 77
Author(s):  
Sri Yunarti
Keyword(s):  
Social Justice ◽  
Public Interest ◽  
Civil Law ◽  
Family Court ◽  
Law System ◽  
Legal Principles ◽  
The Law ◽  
The Right ◽  
Dynamic Community ◽  
Civil Law System

So far the verdict courts made by Pengadilan Agama (PA/ Family Court) have been criticized for being too fixated on legal justice approaches and lack of attention to social justice approaches. This criticism demands that judge's understanding of the law holds to the spirit that underlies the formation of the law. The judge needs to use his or her authority to exercise legal discretion, using more moral rather than formal legal ideas. A judge must understand the law in the right contest and act as a creative lawyer. Discretion is the authority of the judge to decide cases with more consideration of the senseof justice, public interest and morality, which develops in society rather than deciding on the basis of the decisions of the regulations contained in the Law. This authority can be used an alternative in response to the absence and weaknesses in the application of legal principles in Civil Law System. Thus the law is expected to play a maximum role to serve the interests of the dynamic community put the interests of both parties who are in dispute and growing as well.

Justification of Acquisitive Prescription in the Civil Law System. Why is It Not an “Uncompensated Deprivation?

2015 ◽  
Vol 1 (3) ◽  
pp. 170
Author(s):  
Silvana Dode
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Civil Law ◽  
Bad Faith ◽  
Law System ◽  
European Court ◽  
The World ◽  
Adverse Possession ◽  
The Common ◽  
Civil Law System

Acquisitive prescription (a civil law institute) and Adverse Possession, its equivalent in the common law system is alreadya consolidated private law institute. It is recognised from the legal systems of almost each country in the world and is among the most important original ways of gaining ownership.Its constitutionality and the fact that should it be recognized from a legal system or not was brought in question in 2002, sparking a debate between lawyers in the world. The debate rose after the announcement of the decision of the ECHR (European. Court of Human Rights) in the case JA Pye ( Oxford) Ltd vs Graham. The Fourth Chamber of the ECHR held that acquisitive prescription is actually an 'uncompensated deprivation. First, we will analyze the main theories on the basis of which this institute is justified. The question to be raised for the review of the article is whether prescription is morally and legally justified, especially in the case of prescription in bad faith. In the end, it will be reached the conclusion that there are justified reasons for the prescription and it is a very useful institution inthe civil circulation. But preliminary stricter legal criteria must be met for the recognition of the property right by prescription, especially in the case of bad faith prescription. The law should aim to provide a greater protection to the legitimate owner.

scholarly journals LEGISLASI HUKUM EKONOMI SYARIAH: STUDI TENTANG PRODUK REGULASI HUKUM EKONOMI SYARIAH DI INDONESIA

2018 ◽  
Vol 1 (2) ◽  
Author(s):  
Panji Adam
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
System Component ◽  
Legislative Process ◽  
Significant Development ◽  
Legal Norms ◽  
Economic Law ◽  
Islamic Economic ◽  
Islamic Values ◽  
Law Regulation

ABSTRAK Legislasi adalah proses yang berlangsung di lembaga legislatif, yakni pembuatan dan pengundangan peraturan perundang-undangan. Materi hukum Islam dapat menjadi muatan dalam proses legislasi melalui mekanisme positivisasi. Salah satu sub bidang dalam kajian hukum Islam adalah hukum ekonomi syariah. Hukum ekonomi syariah merupakan subsistem dalam sistem hukum Islam yang dari waktu ke waktu mengalami perkembangan yang cukup signifikan. Oleh karena itu perlu adanya positivisasi hukum melalui upaya legislasi hukum. Tujuan penelitian ini pertama untuk mengetahui kedudukan hukum ekonomi syariah menurut konsep sistem hukum; kedua, untuk mengetahu produk regulasi hukum ekonomi syariah apa sajakah yang bersumber dari norma hukum Islam. Hasil penelitian menunjukan bahwa, pertama, komponen sistem hukum terdiri atas 3 unsur, yaitu struktur, substansi dan budaya hukum. Kedudukan hukum ekonomi syariah dalam ketiga sistem hukum tersebut sudah teraplikasikan. Hal ini dapat dilihat dari banyaknya lembaga-lembaga atau pranata-pranata ekonomi yang berbasiskan nilai-nilai syariah. Terdapat beberapa regulasi dibidang hukum ekonomi syariah yang telah dibuat oleh lembaga legislatif yang bersumber dari norma-norma hukum Islam; kedua, produk-produk regulasi dibidang hukum ekonomi syariah yang bersumber dari noma-norma hukum Islam antara lain adalah sebagai berikut: (1) UU No. 23 Tahun 2011 tentang Pengelolaan Zakat; (2) UU No. 41 Tahun 2004 tentang Wakaf; (3) UU No. 19 Tahun 2008 tentang Surat berharga Syariah Negara; dan (4) UU No. 21 Tahun 2008 tentang Perbankan Syariah.  Kata Kunci: Legislasi, Hukum Ekonomi Syariah, Regulasi   ABSTRACT Legislation is the process that takes place in the legislature, namely the making and enactment of laws and regulations. Islamic legal material can be the content of the legislative process through the positivisation mechanism. One sub-field in the study of Islamic law is sharia economic law. Sharia economic law is a subsystem in the Islamic legal system that from time to time experiences significant development. Therefore, it is necessary to have legal positivisation through legal legislation efforts. The purpose of this study is first to determine the position of sharia economic law according to the concept of the legal system; secondly, to find out what products of Islamic economic law regulation derive from Islamic legal norms. The results of the study show that, first, the legal system component consists of 3 elements, namely the structure, substance and culture of law. The position of Islamic economic law in the three legal systems has been applied. This can be seen from the number of economic institutions or institutions based on Islamic values. There are several regulations in the field of sharia economic law that have been made by the legislature which are derived from Islamic legal norms; second, regulatory products in the field of Islamic economic law derived from Islamic legal norms include the following: (1) Law No. 23 of 2011 concerning the Management of Zakat; (2) Law No. 41 of 2004 concerning Waqf; (3) Law No. 19 of 2008 concerning State Sharia Securities; and (4) Law No. 21 of 2008 concerning Islamic Banking. Keyword: Legislation, Sharia Economic Law, Regulation  

scholarly journals Attribution of Liability among Multiple Tortfeasors under Negligence Law: Causation in Iran and England

2016 ◽  
Vol 9 (7) ◽  
pp. 219
Author(s):  
Elyas Noee ◽  
Mohammad Noee ◽  
Azadeh Mehrpouyan
Keyword(s):  
Legal System ◽  
Common Law ◽  
Civil Law ◽  
Tort Law ◽  
Legal Systems ◽  
Law System ◽  
Common Law System ◽  
Negligence Law ◽  
Civil Law System

“Causation” possesses a considerable place in tort law of Iran and England particularly in the field of Negligence law. Existing differences in legal systems of Iran (as a Civil Law system) and England (as a Common Law system) make find a common perspective difficult to study causation but possible. This research focuses to compare causation in cases where more than one tortfeasors is involved in inflicting damage by negligence. This study also attempts to recognize differences and similarities between Iran and England in order to resolve ambiguities in Iran legal system through England legal system. The study was conducted in three sections including tortfeasors’ indenpendancy, tortfeasors’ contribution, and tortfeasors’ separate impact. This paper reports respectively: in case of tortfeasor independency, Iran law admits jointly and severally liability while England law offers a variety of approaches in various cases; in case of tortfeasors’ contribution, each tortfeasor is liable according to its effect on causing damage with few exceptions; and in case of tortfeasors’ separate impact, per tortfeasor is liable for inflicted damage which is only from oneself side. The results show England law can be considered to filling legal gap of Iran law regarding present identified differences and similarities.

Justification of Acquisitive Prescription in the Civil Law System. Why is It Not an “Uncompensated Deprivation?

2015 ◽  
Vol 3 (1) ◽  
pp. 170
Author(s):  
Silvana Dode
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Civil Law ◽  
Bad Faith ◽  
Law System ◽  
European Court ◽  
The World ◽  
Adverse Possession ◽  
The Common ◽  
Civil Law System

Acquisitive prescription (a civil law institute) and Adverse Possession, its equivalent in the common law system is alreadya consolidated private law institute. It is recognised from the legal systems of almost each country in the world and is among the most important original ways of gaining ownership.Its constitutionality and the fact that should it be recognized from a legal system or not was brought in question in 2002, sparking a debate between lawyers in the world. The debate rose after the announcement of the decision of the ECHR (European. Court of Human Rights) in the case JA Pye ( Oxford) Ltd vs Graham. The Fourth Chamber of the ECHR held that acquisitive prescription is actually an 'uncompensated deprivation. First, we will analyze the main theories on the basis of which this institute is justified. The question to be raised for the review of the article is whether prescription is morally and legally justified, especially in the case of prescription in bad faith. In the end, it will be reached the conclusion that there are justified reasons for the prescription and it is a very useful institution inthe civil circulation. But preliminary stricter legal criteria must be met for the recognition of the property right by prescription, especially in the case of bad faith prescription. The law should aim to provide a greater protection to the legitimate owner.

Islamic Law and Human Rights in Malaysia

ICR Journal ◽  
2014 ◽  
Vol 5 (1) ◽  
pp. 43-67
Author(s):  
Mohamed Azam Mohamed Adil ◽  
Nisar Mohammad Ahmad
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Islamic Law ◽  
Civil Law ◽  
Basic Tenet ◽  
Federal Constitution ◽  
Sacred Values ◽  
Protection Of Human Rights ◽  
Constitutional Constraints

This article deals with the Islamic law and human rights principles which constitute the two important elements of the Malaysian legal system. Human rights, despite being a basic tenet of Islam, have frequently and widely been misunderstood by many Muslims. Indeed, the protection of human rights is consistent with the very objective of the coming of Islam i.e. as a mercy to the whole universe and for safeguarding the sacred values of humanity. As such, it is not an exaggeration to consider that Islam is a strong proponent of human rights and violations of human rights may be tantamount to disregarding Islamic principles. Nevertheless, due to constitutional constraints, the protection of human rights in Malaysian law may not necessarily be based on Islamic law. This is because the Federal Constitution of Malaysia limits the jurisdictions of Islamic law to selected matters such as matrimonial issues and other limited criminal jurisdictions. Despite Article 3 of the Constitution that clearly names Islam as the religion of the Federation, this provision, does not provide for the full application of Islamic law in Malaysia. Thus, the protection of human rights in Malaysia is selectively covered based on Islamic law, whereas the major scope of protections is covered by Federal-based civil law, in accordance with the specification of jurisdiction vested by the Constitution.  

scholarly journals Comparison Of Legal System: Islamic Law System, Civil Law, and Common Law

2018 ◽  
Vol 5 (2-1) ◽  
Author(s):  
Asasriwarnia Asasriwarnia ◽  
M. Jandra
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Human Life ◽  
Common Law ◽  
Civil Law ◽  
Legal Systems ◽  
Law System ◽  
Legal Method ◽  
History Of ◽  
Wide Definition

This paper will discuss the comparison of Islamic legal system, civil law, and common law. Knowing the comparison is important. This method is very appropriate considering that the legal system has its own character and scope. The questions of this study are: (1) how is the comparison concept of legal systems; (2) how was the comparison of legal systems’ source; (3) how was the comparison of its history and (4) the comparative material of law content. The purpose of this study is to reveal the concepts of legal systems comparison; the comparison of its source, history and the material comparison of law system’s content. This study use normative legal method. The results of this study are: (1) the concept of legal system comparison is defined by the similarities and difference on the collection of law elements. The needs of legal systems comparison are grouped into scientific needs and practical needs; (2) the comparison of legal system source is that the source of Islamic legal system, civil law, and common law has similarity in the effort of legal discovery. (3) The comparison of the history of legal system have similarities in growth and development influenced by the traditions of human life from one generation to the next generation in wide definition. (4) Comparison of the content of law system have similarities that all aspects of human life is generally regulated by law. In this context Islamic law is comprehensively regulate various aspects of human life including the relationship with the universe, the Lord and the hereafter.

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