Positivisasi Hukum Keluarga Islam sebagai Langkah Pembaharuan Hukum Islam di Indonesia: Kajian Sejarah Politik Hukum Islam

2019 ◽  
Vol 13 (2) ◽  
pp. 243-257
Author(s):  
Nurul Ma'rifah
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
The Other ◽  
Law Reform ◽  
The Political ◽  
Old Order ◽  
The Reformation ◽  
History Of ◽  
Islamic Family Law

This paper discusses the making Islamic family law a formal law in the perspective of the political history of Islamic law in Indonesia, which cannot be separated from the role of the regime since the beginning of the Old Order era. In this era, the regime showed its alignment with the renewal of Islamic law. However, when the regime was not as firm and tended to be democratic, as it was during the Reformation era, Islamic family law reform tended to be stagnant. On the other hand, the history of Islamic family law renewal also experienced ups and downs because it is affected by political configurations, in which Indonesian Muslims attitudes could be classified into progressive and Islamist groups. Progressive groups try to fight for the renewal of Islamic family law contextually; whereas Islamist groups are more textual in responding to Islamic family law reform.   

scholarly journals Reformasi hukum keluarga di dunia Muslim

2014 ◽  
Vol 14 (1) ◽  
pp. 1
Author(s):  
Ahmad Bunyan Wahib
Keyword(s):  
Twentieth Century ◽  
Islamic Law ◽  
Family Law ◽  
Social Economy ◽  
Muslim World ◽  
Law Reform ◽  
The Reformation ◽  
Islamic Family Law ◽  
Politics And Law

This article discusses about the history and the development of family law reform in Muslim countries.This work has taken a lot benefits from Anderson’s works on Islamic law in the Muslim world for bothdata and perspective. Islamic family law reform started from the second decade of twentieth century(1915) with the issuance of two Ottoman Caliph decrees on wife rights to ask religious court to divorcethem from their husband. This reform was followed by Sudan (starting from 1916), Egypt (1920),Jordan (1951), Syria (1953), Tunisia (1956/1959), Morocco (1958), Iraq (1959), Pakistan (1961) and Iran(1967). The reformation aims to administrate the members of community in the filed of social,economy, politics, and law. From the perspective of modernization, Islamic family law reform inMuslim countries has shown the process of modernization from above.

scholarly journals Islamic Family Law Reform in Indonesia

2020 ◽  
Author(s):  
Muhammad Ali Murtadlo
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Family Law ◽  
National Character ◽  
Law Reform ◽  
Political Factors ◽  
Library Research ◽  
The Reformation ◽  
Islamic Family Law ◽  
And Gender

The emergence of an offer of transformative Islamic law made to replace the Compilation of Islamic Law (KHI) or Fikih Indonesia in the form of the Counter Legal Draft of Compilation of Islamic Law (CLD-KHI), attracted the attention of academics, scholars and Islamic juristsin Indonesia. Many of them are refuse and not infrequently also agree with the offer.The reform is a challenge to present Islamic Shari'ah building that respects to Indonesia with all its national character, culture and progress in democratizing and upholding human rights, including women's rights. There are six basic legal vision, namely pluralism, nationality, human rights enforcement, democratic, maslahat and gender equality. These six principles constitute the framework that animates the entire provisions of Islamic law CLD-KHI version.This article is library research using maqasid syariah perspective Jasser Auda as analysis. This article attempts to answer the question (a) how is the legal istinbat method used in formulating the Counter Legal Draft of Compilation of Islamic Law (CLD-KHI)? (b) how is the Counter Legal Draft of Compilation of Islamic Law (CLD-KHI) seen from the perspective of maqasid shariah Jasser Auda?The results of research indicate that the reformation of Islamic family law offered in CLD-KHI in istinbath method is not contradictory to the concept of maqashid shariah Jasser Auda. However, in the application of CLD-KHI as a substitute for Indonesia’s legal law (KHI) still stalled due to political factors.

scholarly journals Turkish State Family Law: History Reform, Legislation, and Legal Materials

2020 ◽  
Vol 7 (1) ◽  
pp. 31-42
Author(s):  
Doli Witro ◽  
Ali Hamzah ◽  
Ike Yulisa ◽  
Mhd Rasidin ◽  
Syamsarina Syamsarina ◽  
...  
Keyword(s):  
Family Law ◽  
Muslim Country ◽  
Islamic State ◽  
Legal Reforms ◽  
Reform Legislation ◽  
Muslim Countries ◽  
The Reformation ◽  
History Of ◽  
Islamic Family Law ◽  
Turkish State

Historically, efforts to reform Family Law in parts of the Islamic world began to be realized in the late 19th century AD. The reality of Islamic legal reforms carried out in Islamic countries in North Africa, the Middle East, Central Asia, and Southeast Asia gave rise to unprecedented changes in the last century. These changes occur both in the justice system and in the system applied. Changes to family law were first carried out by Turkey, then followed by Lebanon in 1919, Jordan in 1951, and Syria in 1953. Muslim countries in the world, in their context with the renewal of family law, are divided into three categories. First, an Islamic state that does not carry out any renewal and still enforces family law as stipulated in the books of fiqh. Secondly, an Islamic state that has completely abandoned Islamic family law and adopted European civil law. Third, countries that are trying to enforce Islamic family law but after making reforms here and there. This paper tries to discuss one of the reforms carried out by one Muslim country, namely Turkey, which is related to the reformation (reform) of family law that starts from the history of reform, legislation, renewal, and legal material. The author chose Turkey because it is the first Muslim country to make changes to family law.

Plutarch’s Lives

2017 ◽  
Author(s):  
Paolo Desideri
Keyword(s):  
Special Interest ◽  
Dominant Role ◽  
The Other ◽  
The Political ◽  
Political World ◽  
History Of ◽  
The One ◽  
Of Greece ◽  
Rule Out

This chapter discusses first the general cosmological principles which lie behind Plutarch’s historiographical work, such as can be recovered through significant passages of his Delphic Dialogues. Second, it investigates the reasons why Plutarch wrote biographies, and more specifically parallel biographies, instead of outright histories: in this way, Plutarch aimed to emphasize, on the one hand, the dominant role of individual personalities in the political world of his own time, and, on the other hand, the mutual and exclusive relevance of Greece and Rome in the history of human culture. Third, the chapter seeks to connect the rise-and-fall pattern, typical of biography, with the general rise-and-fall pattern which Plutarch recognizes both in the Greek and in the Roman civilizations; through that connection one can rule out the idea that Plutarch had any providential view of history. Finally, some reflections are offered on Nietzsche’s special interest in Plutarch’s biographies.

Sport as a catalyst for cooperation: Why sport dialogue between the two Koreas succeeds in some cases but not in others

2013 ◽  
Vol 16 (3) ◽  
pp. 307-324 ◽  
Author(s):  
Giwoong Jung
Keyword(s):  
Strategic Choice ◽  
The Other ◽  
The Political ◽  
Strategic Choices ◽  
History Of

There is a wide belief that sport has a positive utility in the diplomatic arena and can be used as a catalyst for cooperation. The very instrumental effectiveness of sport gave a birth to the idea that sport can be used effectively to promote contact between or among hostile countries. This idea was adopted by the governments of the two Koreas and a sport agenda was used as a pretext for initiating official dialogues between the two countries. Throughout the history of South–North dialogues, we can find some cases of success and other cases of failure. Some successful dialogues brought concrete results of cooperation, while other unsuccessful dialogues ended only as pre-steps that did not develop into cooperation or negotiation. Thus our attention should go to two directions. One is “what is the main force which drove the two Koreas to open a sport dialogue?” The other is to find out “why sport dialogues between the two Koreas succeed in some cases but not others”. This article aims to review the role of sport as an instrument or a catalyst for cooperation. The author divides the whole period of dialogues into several phases and examines the role of sport. After reviewing the success and failure of dialogues, the author argues for sport to be used as a tool for dialogue, the strategic choice of the actors being the prerequisite. The author emphasizes that strategic choices made by the governments of the two Koreas play an important role when casting sport as an instrument to develop relations, which is explained with the framework of simple 2 × 2 games. In line with this, this article explores the strategic thoughts of the two Koreas by reviewing the political intentions, situations of the time, contextual connectivity and strategic thinkings of two Koreas.

scholarly journals Paradigma fikih baru Jamal al-Banna dan relevansinya terhadap pembaruan peran perempuan dalam hukum keluarga Islam (Fiqh al-Munakahat)

2019 ◽  
Vol 19 (1) ◽  
pp. 1-26
Author(s):  
Syaiful Bahri
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Literature Study ◽  
Public Role ◽  
Minimum Age ◽  
Complementary Part ◽  
Islamic Family Law ◽  
Role Of Women ◽  
Age Of Marriage

The role of women, according to classical fiqh (Islamic law) literature, especially fiqh al-Munakah}at (Islamic family law), tends to be regarded as a complementary part of domestic life. Their role is limited to the domestic territory, and restrain to play a public role. This paper tries to reconstruct the role of women in Islamic family law, utilizing the new fiqh paradigm initiated by Jamal al-Banna. To answer this problem, the author conducted a literature study by examining two works of Jamal: Nah}wa Fiqhin Jadid and Al-Mar'ah al-Muslimah bayna Tah}rir Al-Qur'an wa Taqyid al-Fuqaha'. This paper concludes that some issues regarding the role of women in Islamic family law need renewal. There are four crucial issues that are reviewed using the new fiqh paradigm of Jamal al-Banna, namely the minimum age of marriage, wali’s ijbar rights, polygamy, and divorce.

scholarly journals The political situation in Syria during the Al-Ahed Al- Fusaily by addressing of Al-Asma newspaper (1919-1920): الأوضاع السياسية في سوريا في العهذ الفيصلي (1919 - 1920) من خلال افتتاحيات صحيفة العاصمة السورية

2017 ◽  
Vol 3 (4) ◽  
Author(s):  
Maysoon Mansour Obeidat
Keyword(s):  
Twentieth Century ◽  
Ottoman Empire ◽  
The Other ◽  
Arab State ◽  
The Political ◽  
British Government ◽  
Political Situation ◽  
French Mandate ◽  
History Of

The purpose of the study is to analyze the political situation in Syria during the ALahed AL Fusaily by addressing of Al- Asma newspaper (1919-1920), in addition to Prince Faisal's role internally and externally during the Peace Conference in 1920, And the unity of the States of the Levant, to be the basis for the launch of a wider Arab unity, and the statement of conspiracy allies on the Arabs, especially France and its attempts to occupy Syria, and then efforts by the Syrian Arab state to prevent this, and also briefly discussed Prince Faisal talks and meetings and correspondence with the British government from Hand and To the governments and political and popular bodies in Syria, Lebanon and Palestine on the other hand, which revolves around ways to achieve the unity of the countries of the Levant, and then review the role of the Syrian press in the history of modern Arabs in general and Syrian history in particular, where appeared in the early twentieth century newspapers in Arabic, In the Arab nationalist thought, as a result of which was persecuted by the Ottoman Empire, and then the French mandate.  

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 Hukum Keluarga Islam di Indonesia: dari Orde Lama hingga Orde Reformasi

AL- ADALAH ◽  
2018 ◽  
Vol 14 (2) ◽  
pp. 311
Author(s):  
Ahmad Rajafi
Keyword(s):  
Political Institutions ◽  
Islamic Law ◽  
Family Law ◽  
Reform Movement ◽  
Reform Era ◽  
Old Order ◽  
Early Arrival ◽  
Islamic Thought ◽  
Islamic Family Law ◽  
The Government

Historically, the rule of Islamic family law existed and has been practiced since the early arrival of Islam in the archipelago. This is indicated by the phenomenon of massive application of fiqh madzhab asy-syafi’iyyah in the colonialization era.. After the day of Independence, the efforts to established Islamic family law through political institutions has begun, starting from the old order era until the reform era. The reform movement grew stronger mainly after CLD-KHI was echoed to make KHI ( Collection of Islamic Law) a new Marriage Act. Unfortunately, this movement received a negative response from a number of Islamic organizations; so the plan was canceled by the Government. Nevertheless, the struggles between liberal and conservative-fundamentalist Islamic thought still continue to this day.

Whose Authority? Contesting and Negotiating the Idea of a Legitimate Interpretation of Islamic Law in Indonesia

2015 ◽  
Vol 10 (2) ◽  
pp. 191-212 ◽  
Author(s):  
Alfitri
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Law Reform ◽  
Synthetic Approach ◽  
Legal Authority ◽  
Legal Norms ◽  
Legal Principles ◽  
Continuity And Change ◽  
Sources Of Authority ◽  
History Of

AbstractThis article examines the history of the evolution of Islamic legal authority in Indonesia and provides an account of how it is contested and negotiated in contemporary Indonesia, using the history of family law reform as an example. There is a plurality of sources of authority for Islamic law as they operate within the domain of family law. The case studies reveal tensions between continuity and change in the development of Islamic legal principles and the strategies that different actors employ to advance their preferred version of Islamic legal norms: while the state has adopted a synthetic approach in order to accommodate these multiple legal authorities and increase the efficacy of its own statutes, the ulama persistently insist on the authority of fiqh as the immutable point of reference in resolving legal problems faced by Muslims. These conflicts ensure that the statutes will continue facing challenges as a legitimate interpretation of Islamic law in Indonesia.

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