scholarly journals A Transformation of Islamic Law in Legislation of Domestic Violence (PDKRT) Law in Indonesia

AL- ADALAH ◽  
2019 ◽  
Vol 15 (1) ◽  
pp. 1
Author(s):  
Liky Faizal
Keyword(s):  
Domestic Violence ◽  
Islamic Law ◽  
The Law ◽  
Laws And Regulations

This article aims to study the transformation of Islamic Shari’a values in the foundation of the law legislation in Indonesia. This study is legal-normative in which, in its analyzing phases, it uses both qualitative techniques of primary and secondary legal materials. The findings of this study indicate that the Islamic Shari’a values have been actualized in the laws and regulations in the elimination of domestic violence in Indonesia. Transformation of Islamic Sharia values is conducted through two approaches, namely through the principles of the content of legislation, and actualization through the material legislation.

scholarly journals POLEMIK PEMBERIAN HARTA WARIS MELALUI WASIAT KEPADA ANAK ANGKAT

Asy-Syari ah ◽  
2014 ◽  
Vol 16 (2) ◽  
Author(s):  
Habiburrahman Habiburrahman
Keyword(s):  
Islamic Law ◽  
Customary Law ◽  
Foster Child ◽  
The Law ◽  
Western Law ◽  
Paper Author ◽  
Laws And Regulations

This paper describes the polemic of the distribution of waris for foster child in the study of Islamic law and the laws and regulations in Indonesia. The distribution of estate to foster child was regulated in article 209 in the Compilation of Islamic Law (KHI). Thus, this is a signal that the influence of customary law and Western law had entered in KHI . Therefore, by this paper, Author would like to emphasize that the distri­bu­tion of waris to the foster child by using the concept of wasiat wajibah in KHI is wrong. It is not based on the shari'ah (qath‘iy al-dilâlah), but rather based on logic of the law and humanitarian considerations, and it is zhan­niy al-dilâlah. Thus, author sure that the distribution of waris by one third (1/3) of estate to the foster child by using the concept of wasiat wajibah is an erroneous ijtihad, cotradiction with the texts, and could be detrimental to the main heirs.

scholarly journals ISBAT Nikah Melegalkan Pernikahan Sirri Menurut Hukum Positif Dan Hukum Agama (Studi Di Pengadilan Agama Palangka Raya)

2015 ◽  
Vol 15 (1) ◽  
pp. 94-103
Author(s):  
Sanawiah Sanawiah
Keyword(s):  
Islamic Law ◽  
Marriage Law ◽  
Positive Law ◽  
Religious Law ◽  
The Law ◽  
Marriage Laws ◽  
Islamic Marriage ◽  
Legal Marriage ◽  
Laws And Regulations

The purpose of this study was to find out what sirri marriage laws according to Islamic Law and Positive Law, to find harmony and marriage requirements and to find out how the role of Religious Court of Palangka Raya in socialization confirmation marriage. The method used in this research is the method of legal normative. As for the type of research used in this study is inventory regulations that related to confirmation of marriage legalized marriage sirri according to Positive Law and Religious Law. Law wedding sirri results according to Islamic Law and Positive Law, sirri marriage according to Islamic Law illegitimate because it does not have a guardian of marriage, while marriage sirri in the view of the majority of Indonesian society is marriage not recorded but the terms and illegitimate pillars have been met in accordance with Islamic Law. Meanwhile, according to the law of the wedding positive sirri is as where according to Marriage Law in Indonesia if a legal marriage in syar'i then legitimate also according to law "marriage is not recorded" is legal according to the laws and regulations because according to Islamic Marriage Law applicable in Indonesia is based on Article 2 (1) of Law No. 1 of 1974 in conjunction with Article 4 Compilation of Islamic Law (as ius constitutun) in conjunction with Article 3 bill-HM-PA-Bperkw 2007 (as ius constituendum).

scholarly journals URGENCY CRITICAL LEGAL STUDIES PARADIGM FOR THE PROTECTION OF WOMEN VICTIMS OF DOMESTIC VIOLENCE IN THE DIVORCE CASE

2018 ◽  
Vol 18 (2) ◽  
pp. 167
Author(s):  
Nita Triana
Keyword(s):  
Domestic Violence ◽  
Women Victims ◽  
Qualitative Method ◽  
Islamic Law ◽  
Critical Legal Studies ◽  
New Paradigm ◽  
Legal Studies ◽  
Domestic Violence Victims ◽  
The Law ◽  
Religious Courts

This research describes the protection of women victims of domestic violence in divorce cases. Domestic violence victims are hidden in divorce cases in the Religious Courts. The positivistic paradigm adopted by the Judges gives less protection to victims of domestic violence. The method used in this study is a qualitative method, a type of doctrinal legal research with a socio-legal  approach. Domestic violence victims in the Religious Courts need a new paradigm to provide protection for victims of domestic violence. Religious Court Judges who have a positivistic paradigm see the law as a book (act). The judge in examining the domestic violence in divorce only adheres to the law relating to marriage, namely Law No. 1 of 1974 and Compilation of Islamic Law. Paradigm of Critical Legal Studies. build critical awareness in law enforcement by improving the legal system and carrying out a reformation in the institutions responsible for the protection of victims of domestic violence, one of which is the Religious Courts. Also consider the PKDRT Law No. 23 of 2004 concerning the elimination of domestic violence even covering legal culture of family, community, health and psychological.

scholarly journals MONEY POLITIC DALAM PERSPEKTIF SADDU AL-ZARIAH

2020 ◽  
Vol 3 (4) ◽  
pp. 413
Author(s):  
Rahwan Rahwan
Keyword(s):  
Islamic Law ◽  
Legal Regulations ◽  
State Laws ◽  
Legal Decisions ◽  
Sharia Law ◽  
The World ◽  
The Law ◽  
Laws And Regulations

Money politics is a political disease that is increasingly prevalent today. Money politics is a part of the bribery offense. In general, the criminal act of bribery is considered a violation in the world of politics, thus requiring money politics to also be considered a violation. In absolute terms, state laws and regulations explicitly prohibit this action, but this practice is rampant nonetheless. In Sharia law there is often discussion about risywah which is in the form of the millennial period which is reflected in the money political mechanism. However, Jurisprudence scholars in general still disagree over the law of certainty risywah. The editor of the Prophet's Hadith said that Rasulullah Saw. cursing the perpetrator and the recipient of the bribe. However, various interpretations of the scholars have resulted in an imbalance between positive legal regulations and Islamic law. By combining two legal decisions through the study of Ushūl Fikih with Saddu ad-Dzāriah's approach. This study will discuss legal decisions regarding risywah from a different perspective and prove that there is no imbalance between the two.

scholarly journals FACTORS IN RELIABILITY AS A REASON TO POLYGAMI ACCORDING TO ISLAMIC LAW AND POSITIVE LAW

2020 ◽  
Vol 12 (1) ◽  
pp. 93-106
Author(s):  
Imam Hafas
Keyword(s):  
Qualitative Methods ◽  
Islamic Law ◽  
Focal Point ◽  
Descriptive Analysis ◽  
The Public ◽  
Positive Law ◽  
The World ◽  
The Law ◽  
Research Types ◽  
Laws And Regulations

The dynamics of polygamy are not uncommon to talk about, considering that polygamy is widely practiced by the public and the actions of polygamy are not in accordance with the existing laws and regulations or laws in Indonesia. Many actions of polygamy violate the existing rules, one of which is the existence of marriage outside the KUA conducted secretly. A family will never achieve happiness in the world without the descendants born from the bond of marriage. Indonesia is one country that is able to see and interpret the actions of polygamy that occur outside the court or without the knowledge of the first wife. This is triggered by the desire of a husband who wants to polygamy or gets married for the second time. Talking about a marriage that is not always happy, can even bring a disaster, both on the part of a wife and a husband. One way is to get offspring from the marriage. In scientific studies that will be the focal point is about the reason for a husband to carry out acts of polygamy, both in Islamic provisions and in the provisions of the law. The method in scientific studies here uses qualitative methods with normative juridical research types and the nature of descriptive analysis research, as well as using an inductive thinking framework.

scholarly journals Domestic Violence

1970 ◽  
pp. 83-84
Author(s):  
Bishop George Khodor
Keyword(s):  
Domestic Violence ◽  
Islamic Law ◽  
The State ◽  
Religious Community ◽  
Religious Communities ◽  
The Press ◽  
The Law ◽  
Muslim Scholars

It appears that we are witnessing a debate taking root between Muslim scholars or “propagandists” and the state over the issue of domestic violence which is a form of violence. These brothers see the proposed draft law to be at odds with Islamic law and use the latter to ensure that a woman is obedient to her husband. This is what little I read in the press. In the absence of the integral text refuting the law, you cannot take a position, especially if you are a non-Muslim. I expect there will be major divisions not only among the various religious communities, but also within one and the same religious community.

scholarly journals TINJAUAN HUKUM ISLAM TERHADAP WEWENANG IMAM MASJID SEBAGAI WALI MUHAKKAM DALAM PERNIKAHAN BAWAH TANGAN

2021 ◽  
Vol 2 (1) ◽  
pp. 1-34
Author(s):  
Moh. Bahropin Hafid ◽  
Muhammad Taufik
Keyword(s):  
Islamic Law ◽  
Religious Conversion ◽  
Marriage Problem ◽  
The Law ◽  
Laws And Regulations

Promiscuity among teenagers is one of the causes of underhand marriages using muhakkam guardians because the perpetrators of promiscuity are ashamed or afraid to report the incident to their family and relatives. In addition, the incident of religious conversion from Hinduism or Christianity to Islam is a factor that often occurs in Tolai village, because basically guardianship of parents other than Islam is not legal according to Islamic law, this causes the marriage process to be represented by a muhakkam guardian. There was a marriage problem that occurred in Tolai Village related to guardianship, a mosque imam married a girl to her partner because the girl did not have a nasab guardian or mujbir guardian because she was a convert, seeing this incident the mosque imam took steps to marry off the two couples without a valid marriage registration according to the law as stated in law number 16 of 2019 concerning marriage in article 2 paragraph 2 which reads: every marriage is recorded according to the applicable laws and regulations. Abstrak Pergaulan bebas dikalangan remaja menjadi salah satu penyebab terjadinya pernikahan bawah tangan dengan  menggunakan wali muhakkam karena para pelaku pergaulan bebas malu ataupun takut untuk melaporkan kejadian itu kepada keluarga dan saudara. Selain itu, peristiwa perpindahan agama dari agama Hindu atau Kristen keagama Islam adalah faktor yang sering terjadi di desa Tolai, karena pada dasarnya perwalian atas orangtua selain Agama Islam adalah tidak sah menurut Hukum Islam, hal ini menyebabkan proses pernikahan diwakilkan kepada wali muhakkam. Terdapat permasalahan Pernikahan yang terjadi di Desa Tolai terkait perwalian, seorang imam masjid menikahkan seorang gadis dengan pasanganya karena gadis tersebut tidak memiliki wali nasab atau wali mujbir karena mualaf, melihat kejadian ini imam masjid  mengambil langkah untuk menikahkan kedua pasangan tersebut  tanpa adanya pencatatan perkawinan yang sah menurut undang-undang sebagaimana tertera dalam undang-undang  nomor 16 tahun 2019 tentang perkawinan pada pasal 2 ayat 2 yang berbunyi: tiap-tiap perkawinan di catat menurut peraturan perundang-undangan yang berlaku.

scholarly journals Progressivity of Judges in Domestic Violence Disputes Settlement in The Case of Divorce in The Religious Court

2018 ◽  
Vol 2 (1) ◽  
pp. 1
Author(s):  
Nita Triana
Keyword(s):  
Domestic Violence ◽  
Islamic Law ◽  
Descriptive Analysis ◽  
Religious Texts ◽  
Court Judge ◽  
Holistic Understanding ◽  
The Law ◽  
One Year ◽  
The Right ◽  
Religious Courts

This study aims to describe and analyze the Judge Progressiveness in the case of a �divorce �related �to domestic violence. The principle of law governing civil judges is passive, in reality this principle creates difficulties for women (wives) victims of domestic violence to achieve justice. The research method used is �non-doctrinal tradition with a socio-legal approach, and qualitative descriptive analysis. The results of the study illustrate. Religious Courts Judges as one of the law enforcers are very potential to seek justice for victims of domestic violence, the majority of whom are women, because many cases of domestic violence ended in divorce cases in the Religious Courts. But the consideration of the religious Court Judge in deciding the case of a divorce petition �is not yet progressive, the Judge still adheres to the principle of law, that the Civil Judge is passive. So that when the Plaintiff (Wife) does not demand income and compensation from her husband. The Plaintiff (Wife) as a victim of domestic violence will not get a living idah, mut'ah, maskan, kiswah and any compensation from the Defendant (Husband). Religious Court Judges have not yet explored other relevant legislation, including progressive religious texts that favor women as victims of domestic violence to strengthen the building of their arguments. Whereas in the case of divorce by talak, the Judge views the law in book in his legal considerations �by giving protection to the wife, namely by giving the wife the right to earn a living Idah, Mutah (a living for one year to entertain the wife divorced by her husband), maskan and kiswah, according with what is stipulated in the Marriage Law and the Compilation of Islamic Law. The paradigm of the operation of the Judge in a country with a pluralistic culture such as Indonesia, it's time to change to a more progressive direction, Judge is no longer limited to the existence of a mouth that sounds the sentence of the law ( le judge est uniquenment la bouche qui pronance le most de lois) Judge also not tools designed to be logical and work mechanically, but whole people who have sensitivity to humanitarian and social concerns. Progressive judges learn and are good at making interpretations that are not literal (connotative), and have a high sense of empathy to be able to catch social norms that contextually support each prescription of the Act. The holistic understanding of the judges has the potential to provide justice for women victims of domestic violence.

scholarly journals Perlindungan Hukum bagi Perempuan Korban ‎Kekerasan dalam Rumah Tangga Perspektif Hukum ‎Islam

2016 ◽  
Vol 2 (2) ◽  
pp. 255-274
Author(s):  
Amirul Ikhsan
Keyword(s):  
Domestic Violence ◽  
Civil Rights ◽  
Women Victims ◽  
Islamic Law ◽  
Legal Protection ◽  
Household Environment ◽  
The Law ◽  
Husband And Wife

Abstract: This article discusses the legal protection for women-victims of domestic violence within the perspective of Islamic law. Legal protection for women-victims of domestic violence is clearly regulated in Law No. 23 of 2004. It should be recognized that the presence of the law is to open a way for unfolding of domestic violence and to safeguard the civil rights of victims, where it was previously considered as a private area that no one outside the household environment entries. On the perspective of Islamic law, legal protection in the Law number 23 of 2004 has been consistent with the objectives of shariah. It is to enforce Islamic law to gain the pleasure of Allah. In this context, husband and wife should complement each other and work together in building a harmonious household.Keywords: Legal protection, victims, domestic violence, Islamic law. Abstrak: Artikel ini membahas tentang perlindungan hukum bagi perempuan korban kekerasan dalam rumah tangga perspektif hukum Islam. Perlindungan hukum bagi perempuan korban kekerasan dalam rumah tangga (KDRT) diatur dalam undang-undang nomor 23 tahun 2004 (UUPKDRT), harus diakui kehadirannya membuka jalan bagi terungkapnya kasus KDRT dan upaya perlindungan hak-hak korban, yang pada awalnya KDRT dianggap sebagai wilayah privat yang tidak seorang pun di luar lingkungan rumah tangga dapat memasukinya. Perspektif hukum Islam, perlindungan hukum dalam Undang-Undang nomor 23 tahun 2004 (UUPKDRT) telah sesuai dengan tujuan syariah yaitu untuk menegakkan syariat Islam, menuju ridha Allah swt, suami dan istri harus saling melengkapi dan bekerja sama dalam membangun rumah tangga yang harmonis menuju derajat takwa.Kata Kunci: Perlindungan hukum, korban, kekerasan dalam rumah tangga, hukum Islam.

Saksi Wanita dalam Putusan Perceraian di Pengadilan Agama Kelas IA Kota Jambi

2016 ◽  
Vol 16 (1) ◽  
pp. 19-30
Author(s):  
Jantan Saparuddin ◽  
Maryani Maryani
Keyword(s):  
Government Regulation ◽  
Islamic Law ◽  
Empirical Approach ◽  
Procedural Law ◽  
Approach Method ◽  
The Law ◽  
Marital Disputes ◽  
Religious Courts ◽  
Laws And Regulations ◽  
Marital Law

In examining and resolving marital disputes in divorce cases special procedural law is regulated, which is regulated in Law Number 1 of 1974 concerning marriage, Government Regulation Number 9 of 1975 concerning the implementation of Law Number 1 of 1974, Law Number 7 Year 1989 concerning the Religious Courts and Compilation of Islamic Law. Among the duties of judges in resolving divorce cases is to worry or judge whether the events or facts presented by the parties are true and this can only be done through verification. This study aims: first, to know the role and position of female witnesses for divorce cases in the Jambi City Religious Court according to Islamic law; second, knowing the role and position of female witnesses for divorce cases in the Jambi City Religious Courts according to Indonesian law. Second, knowing the role and position of female witnesses for divorce cases in the Jambi City Religious Courts according to the laws in Indonesia. The research method used is an empirical juridical method, which is used to analyze various laws and regulations in the field of marital law. While the empirical approach is used to analyze the law not merely as a set of normative legislation, but the law is seen as the behavior of people who fluctuate and pattern in people's lives. The approach method used in this study is an empirical juridical method, which is used to analyze various laws and regulations in the field of marital law. While the empirical approach is used to analyze the law not merely as a set of normative legislation, but the law is seen as the behavior of people who fluctuate and pattern in people's lives.

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