Marriage and the State: A Comparative Look at East and West German Family Law

1971 ◽  
Vol 24 (1) ◽  
pp. 116 ◽  
Author(s):  
Inga Markovits
Keyword(s):  
Family Law ◽  
The State ◽  
German Family ◽  
East And West

The Unique Family Law in the State of Israel

2021 ◽  
Author(s):  
Yitshak Cohen
Keyword(s):  
Family Law ◽  
The State ◽  
State Of Israel

scholarly journals ṢULḤ (MEDIATION) IN THE STATE OF SELANGOR: AN ANALYSIS OF LEGAL PROVISION AND ITS APPLICATION

2012 ◽  
Vol 18 (2) ◽  
Author(s):  
Sa’odah Binti Ahmad ◽  
Nora Binti Abdul Hak
Keyword(s):  
Family Law ◽  
Civil Procedure ◽  
The State ◽  
Legal Provision ◽  
Legal Provisions ◽  
Islamic Family Law

The first part of the paper seeks to examine the relevant legal provisions of ṣulḥ in the State of Selangor Darul Ehsan. Thus, the provisions of ṣulḥ as provided for under the Islamic Family Law Enactment 2003 will be discussed and analysed. Other provisions under the Administration of Islamic Religious Enactment 2003, the Syariah Court Civil Procedure Enactment 2003 and the Civil procedure (ṣulḥ) Rules 2001 will also be examined to study the procedures and guidelines in conducting Majlis ṣulḥ. The qualification of ṣulḥ officer will be briefly discussed in the last part of the paper. The paper concludes by commending the initiative that has been taken by the Department of Syariah Judiciary of Selangor in introducing ṣulḥ which has been proven to be very effective in reducing excess cases in the State Syariah Courts.

scholarly journals DOME OF BAYT AL-MAL IN THE ISLAMIC MOSQUES: COMPARATIVE AND ARCHITECTURAL STUDY

2020 ◽  
Vol 6 (1) ◽  
pp. 13-23
Author(s):  
Mohammed Enab
Keyword(s):  
Analytical Study ◽  
The State ◽  
Financial Resources ◽  
Islamic State ◽  
Islamic World ◽  
Functional Dimension ◽  
East And West ◽  
Architectural Development ◽  
Islamic Civilization ◽  
The Impact

Bayt al-mal is one of the important architectural innovations that characterized the Islamic civilization. It represents the treasury of the Islamic State, which preserves the various financial resources of the State. The Bayt al-mal appeared in the era of the Prophet Mohammed (peace be upon him), and its layout was simple reflects the simplicity of Islam. Its location was inside the mosque or adjacent to it. Bayt al-mal developed with the expansion of the Islamic State and the Islamic conquests, and it has a special called Diwan Bayt al-mal. Domes were built in mosques as one of the branches and sections of the Bayt al-mal. These domes were dedicated to preserving the different funds of the endowments and places. The location of these domes was in the great mosques' courtyard. They rise from the courtyard's surface and based on eight columns. These domes appeared especially in Umayyad mosques in Syria and Palestine. Then they spread in most countries in the east and west of the Islamic world. This research deals with the concept of the Bayt al-mal; its names, origin, architectural development, and the reasons to build them. This research also studies the dimension of jurisprudence in the building of these domes. It used an analytical study of the architectural shape of these domes and studies the impact of functional dimension on the form and plan of these domes. This study shows the remaining examples of these domes in Islamic mosques and mentions some examples of the extinct ones.

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 Penguatan Kampung Santri untuk Pengembangan Masyarakat Sadar Hukum di Wilayah Mangkang Kota Semarang

2018 ◽  
Vol 17 (2) ◽  
pp. 253
Author(s):  
Rihlatul Khoiriyah ◽  
Ali Imron ◽  
Ahmad Munif ◽  
Lathifah Munawaroh
Keyword(s):  
Family Law ◽  
Civil Law ◽  
Common Point ◽  
The State ◽  
Cultural Approach ◽  
Positive Law ◽  
The People ◽  
The Common ◽  
The Village

<p>This paper intends to see the extent of legal awareness of the community in the village area of the santri against family law derived from national legal products. The results of the study show two main points, first, the understanding of Islamic civil law (marriage and inheritance) of Mangkang region society is dominated to the accepted understanding of classical fiqh. The people of Mangkang region are not anti-starch against the civil law of Islam issued by the state in the form of positive law. Although the Mangkang area people see that both are ijtihadiyah products, but the existence of Indonesian civil law that has an administrative effect on others makes them accept a good denan. Second, a persuasive approach in the form of a cultural approach is more readily accepted by citizens. Mangkang area people feel comfortable when invited to dialogue and discussion related to Islamic civil law of Indonesia. In the end, by reaching the common point and the good that might be obtained, Indonesian civil law can be understood and well accepted.</p><p> </p><p>Tulisan ini bermaksud melihat sejauh mana kesadaran hukum masyarakat di wilayah kampung santri terhadap hukum keluarga yang bersumber dari produk hukum nasional. Hasil dari kajian menunjukkan dua hal pokok, pertama, pemahaman hukum perdata Islam (penikahan dan kewarisan)  masyarakat wilayah Mangkang didominasi kepada pemahaman yang diterima fiqh klasik. Masyarakat wilayah Mangkang tidak anti pati terhadap hukum perdata Islam yang dikeluarkan negara dalam bentuk hukum positif. Meskipun masyarakat wilayah Mangkang melihat bahwa keduanya merupakan produk ijtihadiyah, namun keberadaan hukum perdata Islam Indonesia yang memiliki dampak administratif kepada yang lainnya menjadikan mereka bisa menerima denan baik. Kedua, pendekatan persuasif dalam bentuk pendekatan budaya lebih mudah diterima oleh warga masyarakat. Masyarakat wilayah Mangkang merasa nyaman ketika diajak berdialog dan berdiskusi terkait hukum perdata Islam Indonesia. Pada akhirnya, dengan mencapai titik temu dan kebaikan yang mungkin akan didapat, hukum perdata Islam Indonesia bisa dipahami dan diterima dengan baik..</p>

Redefining the Role of the State to Facilitate Reform in East and West

2017 ◽  
pp. 173-178
Author(s):  
Ottokar Hahn
Keyword(s):  
The State ◽  
Role Of The State ◽  
East And West
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