scholarly journals STUDI ISLAM DALAM KAJIAN HUKUM KELUARGA ISLAM DI INDONESIA

2016 ◽  
Vol 1 (1) ◽  
pp. 63
Author(s):  
Sadari Sadari
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Rule Of Law ◽  
Islamic Law ◽  
Family Law ◽  
Nation State ◽  
The Rule Of Law ◽  
Islamic Family Law ◽  
Rights Issues

This article offers a study of h}udu>di> (limit) in Islamic family law contained in the Indonesian Compilation of Islamic Law (KHI). The study of h}udu>di is nothing other than the process of desacralization that KHI becomes progressive in line with the development of modernity and in the context of Indonesian-ness. To that end, this article makes two efforts, firstly, by rejecting the idea that gives no attention to limit in one hand, and secondly, by strengthening the thoughts of scholars who offer new ijtihad both in its concept until to methodology. Thought that strengthens it came from Syrian figure, namely Muh}ammad Shah}ru>r, through a plausibility structure. His study of hududsupported Nurcholish Madjid idea about the de-sacralization, so as to perform the coherence between KHI to human rights issues, democracy, nation-state, civil society, and constitutionalism. So this article supports the spirit of de-sacralization - in addition to not abandon its sacralization - initiated by Nurcholish Madjid. The source of this study is KHI, by using the hududparadigm, that based on a maxim of sabat al-naswa harakah al-muhtawa, meaning that the text is permanent , but the content moves. So that the rule of law is always rooted in liminality based on the text, which is the pivot of study centered on the text toward the context, not vice versa.

scholarly journals Quo Vadis Hukum Keluarga Islam dalam KHI dan Upaya Desakralisasi untuk Relevansi Seiring Modernitas dan Keindonesiaan

2020 ◽  
Vol 5 (1) ◽  
pp. 75-108
Author(s):  
Sadari Sadari
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Religious Orientation ◽  
Islamic Law ◽  
Family Law ◽  
Civil Law ◽  
Nation State ◽  
Norms And Values ◽  
Islamic Family Law ◽  
Quo Vadis

This article reveals the fact that in Islamic Family Law, there are a number of anomalies and crisis, for instance, Islamic Law Compilation (KHI) on polygamy and mixed-religion marriage which contains discrimination and intolerance. This, however, is caused by its enforcement bound by civil law and merely to theMoslem communities. The article introduces the nationalization and internationalization of Islamic family law in the KHI, thus eliminating discrimination and intolerance. This will be sought by creating coherence between KHI and modernity issues such as: Human Rights, democracy, civil society, nation state and constitutionalism in the effort to desacralization. When added with the term desacralization, it will mean to liberate people from superstitious constraints (mythology) in some aspects, yet reserving the sacralization, not undermining or abandoning religious orientation in the norms and values of society, especially in the Islamic Family Law. Understanding this fundamental, desacralization of Islamic family law is, hence, Quo Vadis Islamic Family Law, that will eventually create progressive Islamic Family Law consistent with modernity and Indonesian ideology

scholarly journals PEMBAHARUAN HUKUM KELUARGA ISLAM DI BRUNEI DARUSSALAM

2020 ◽  
Vol 14 (1) ◽  
pp. 105-120
Author(s):  
Humaira Potabuga
Keyword(s):  
Rule Of Law ◽  
Islamic Law ◽  
Family Law ◽  
Legislative Process ◽  
The Rule Of Law ◽  
Legal Rules ◽  
Muslim Countries ◽  
Brunei Darussalam ◽  
Islamic Family Law ◽  
The Times

The renewal of Islamic family law in Muslim countries is making rapid progress. This is because the response to legal issues that occur due to the times. Some countries still retain the rule of law of the School they profess, others are absolutely completely free from Islamic law and choose to make modern law as a reference. While other countries are trying to reform the law with a legislative process so that the creation of permanent legal rules in carrying out Islamic family law. The direction of renewal is related to the issue of children and women's rights in marriage or inheritance.

scholarly journals Legal doctrine, legal science and protection of human rights (efficiency ratio)

2020 ◽  
Vol 11 (11) ◽  
pp. 11-15
Author(s):  
Onischenko N.
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Rule Of Law ◽  
Legal Doctrine ◽  
The Rule Of Law ◽  
Current State ◽  
Legal Science ◽  
Democratic State ◽  
Protection Of Human Rights ◽  
Spatio Temporal

The current state of Ukrainian society requires the scientific community to find answers to the general social impulses needed for reform strategies: from unconstructive attempts to replace the state with civil society to efforts aimed at their balanced interaction. It is the principle of social and political balance in the relationship between the rule of law and civil society should be the basis for correcting and correcting the unstable economic situation, overcoming acute social conflicts, establishing the rule of law, building a democratic state. It should be noted that it is quite clear that sometimes the implementation of a right requires at least not one, but clearly several opportunities, such as: economic, educational, social, gender, etc., existing in the relevant spatio-temporal continuum. Moreover, there is an indisputable thesis that there are no secondary or non-first-class or type of human rights, so every unrealized, not realized in time or not fully realized right, without a doubt, is based on the lack of, first of all, the corresponding real opportunities. It is also clear that the implementation of a certain right depends, for example, on the relevant regulations. we note that state-building processes, their dynamics, progressive trends depend on many factors. In this context, the interconnectedness of the development of a democratic, legal, social, European state and the formation of a mature, active, civil society was considered. Keywords: legal science, legal doctrine, human rights, rights and opportunities, legal development.

Sociedad Civil, Estado De Derecho Y Justicia Constitucional. El Rompimiento De Paradigmas Y La Generación De Nuevos Retos

Xihmai ◽  
2019 ◽  
Vol 13 (26) ◽  
Author(s):  
Francisco Jaime Hidalgo González [1]
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Public Sphere ◽  
Rule Of Law ◽  
The State ◽  
The Rule Of Law ◽  
Derechos Humanos ◽  
Constitutional Justice ◽  
Investigación Cualitativa ◽  
Sociedad Civil

ResumenA partir de la reforma constitucional de junio de 2011, la obligación del Estado, desde su actuar integral de garantizar y tutelar los derechos humanos, generó una nueva dimensión desde la cual debemos entender y construir el Estado de Derecho. La Justicia Constitucional tiene como fines principales mantener la supremací­a constitucional, el equilibrio entre los poderes del Estado y la protección de las personas limitando el ejercicio de poder polí­tico a través de la aplicación de dos principios sustantivos y procedimentales: el principio de constitucionalidad y el principio de convencionalidad.Palabras clave: Estado, Sociedad Civil, Esfera Pública, Estado de Derecho, Justicia Constitucional, Derechos Humanos.AbstractSince the constitution reform of june 2011 the obligation of the State from his responsibility of guarantee and protect human rights generated a new dimension from which we must understand and build the Rule of Law. The Constitutional Justice has as main goals keep the constitutional supremacy, the balance between the powers of the State and the protection of the individuals by limiting the exercise of political power through the application of the principles of constitutionally and conventionality.Keywords: State, Civil Society, Public Sphere, Rule of Law, Constitutional Justice, Human Rights.    [1] Egresado de la Licenciatura en Derecho de la Universidad La Salle Pachuca. Profesor de Derecho Constitucional y Procesal Constitucional en la misma Universidad. Cuenta con estudios sobre Sociedad Civil e Instituciones Democráticas, Metodologí­as de Investigación Cualitativa y Cuantitativa, desarrollo de análisis legislativo, así­ como para la planeación, implementación y evaluación de Indicadores de Gestión y Evaluación de Polí­ticas Públicas. Ha publicado diversos artí­culos académicos sobre Ciudadaní­a, Democracia, Derechos Humanos, Análisis Constitucional y Comportamiento Electoral. Es miembro del Centro de Estudios Constitucionales y Derechos Humanos del Estado de Hidalgo.

scholarly journals Rule of Law and Its Guidelines and Indicators for Judiciary in Human Rights Issues

2016 ◽  
Vol 10 (1) ◽  
pp. 98
Author(s):  
Ebad Rouhi ◽  
Leila Raisi Dezaki ◽  
Mahmoud Jalali Karveh
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Separation Of Powers ◽  
Judicial Independence ◽  
Public Law ◽  
Judicial System ◽  
The Rule Of Law ◽  
The Relationship ◽  
Domestic Level ◽  
Rights Issues

The rule of law is one of the very polemical and controversial concepts in the field of public law and political thoughts. This concept has been acclaimed in both international and domestic level and can be observed in the practice of the United Nations and many of states practically. In the light of the principle of the rule of law at the meantime ruling by law can be strengthened and also security and peace, development, democracy and human rights can be protected and promoted. The rule of law and human rights as two concepts with mutually interacting to each other has noteworthy great importance. An independent and impartial judiciary such as linkage has an important role in strengthening both of them.Human rights, separation of powers and judicial independence are regarded as some basis of the rule of law and as well as its consequence. Thus, in this regard rule of law has p very guidelines and indicators which some of them related to the judicial systems of states. In the light of exercise of these guidelines human rights are better protected and promoted.These instructions and guidelines generally are provided in international and regional human rights instruments to enforce in every sector of the state and especially for judges and judicial power to protection and promotion of human rights. This article investigates the relationship between rule of law and judicial system to introduce some measures and indicators of the rule of law to enforce them in the judiciary for better protection and promotion of human rights.

scholarly journals PEMBENTUKAN MASYARAKAT MADANI DI INDONESIA MELALUI CIVIC EDUCATION

2012 ◽  
Vol 13 (1) ◽  
Author(s):  
Farid Wajdi Ibrahim
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Civic Education ◽  
Rule Of Law ◽  
Community Life ◽  
Crucial Aspect ◽  
Historical Aspect ◽  
Ideal Society ◽  
The Rule Of Law ◽  
The Ideal

Civil society is often positioned as the ideal pattern of community life. From the historical aspect, the Islamic thinkers usually refers to the condition of civil society such as on the condition of Medina under the leadership of the Prophet Muhammad Ṣallallāh ‘alayh wa Sallam. Ideal concept of civil society is driven by a variety of many aspects including the pattern of the life of society, nation that refers to the rule of law, human rights, and respect for diversity in all its forms (pluralism). Certainly not an easy thing to realize the ideal society as the concept of civil society in such a way. It requires a serious effort, continuous and consistent from the variety and facets, one of which is a crucial aspect of civic education (civic education). These issues are the focus of discussion of this article.

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.

Sign in / Sign up

Export Citation Format

Share Document