scholarly journals Maqasid Shariah in the Guidelines for Iddah of Women upon Husband’s Death

2020 ◽  
Vol 6 (1) ◽  
pp. 77-94
Author(s):  
Fatimah Salleh ◽  
Noorul Huda Sahari ◽  
Siti Khadijah Ab Manan ◽  
Che Zahrah Abdullah ◽  
Zaharah Yahya
Keyword(s):  
General Public ◽  
Qualitative Method ◽  
Islamic Law ◽  
The State ◽  
The Public ◽  
The Family ◽  
Rules Set ◽  
Laws And Regulations

Iddah is a period of mourning for a woman whose husband has passed on during which time she has to adhere to certain rules set by the Islamic law. Adherence to this rule is a form of devotion for the preservation of lineage and descent while at the same time expressing sadness. In addition, this order has also been applied to protect the welfare and rights of women after the death of the husband. Adherence to certain laws and regulations by women whose husband has passed away, has long been outlined by Islamic scholars. However, the reality of today's life requires many women to leave home for work or other family-related matters. This scenario creates a polarization in society where a woman whose husband dies needs to mourn and at the same time meet the needs of the family. The general public is still unclear. The implementations and practices are seen as inconsistent and not uniformed due to their misunderstandings and possibly even confusion of their practices during this mourning state of iddah. This study aims to identify the rules to be followed for women whose husband has passed on, with regard to dressing, travelling, and practising with their co-workers in accordance with shariah or maqasid shariah objectives. This study uses qualitative method based on two approaches, namely doctrinal mazhab method based on contemporary sects and fiqh approaches. The findings of this study indicate that there is a need for more detailed guidelines and waqi'e within the scope of the syariah jurisprudence for community reference in adhering to the rules and laws of the state. This takes into account the current contexts in order to avoid misunderstandings or confusion among the public.

scholarly journals al-zakah wa al-?aribah fi al-Fiqh al-Islami wa al-qanun al-Indunisi (Dirasah Tajribiyyah Muqaranah)

2020 ◽  
Vol 3 (2) ◽  
pp. 198
Author(s):  
Ahmad Muqorobin
Keyword(s):  
General Public ◽  
Islamic Law ◽  
Descriptive Analysis ◽  
The State ◽  
Analysis Approach ◽  
Tax System ◽  
The Public ◽  
Inductive Approach ◽  
The Rich ◽  
The Government

Zakat is a financial system that is essential to create a balance between society, so as not to make the rich richer and vice versa.Zakat is an obligation for Muslims to get closer to Allah and to cleanse his property. While the tax is a mandatory contribution to the state charged to the public for the benefit of the government and the general public. Seeing the importance of zakat and tax as an instrument of income of a country, then the purpose of this study was to determine the legitimacy of a combination of zakat and taxation in Islamic law, and its application in Indonesia, whose population includes Muslims and non-Muslims. This research uses descriptive analysis approach and simultaneously inductive approach in explaining the rules of zakat and tax system and to clarify the differences between them, then explain the application of zakat and taxation in Indonesia, for increasing the zakat payment.

EFEKTIVITAS PELAKSANAAN PERATURAN PENCATATAN PERCERAIAN DI KANTOR URUSAN AGAMA

2020 ◽  
Vol 6 (1) ◽  
pp. 1-15
Author(s):  
Juriyana Megawati Hasibuan Dan Fatahuddin Aziz Siregar
Keyword(s):  
Islamic Law ◽  
The State ◽  
Judicial Process ◽  
Positive Law ◽  
State Administration ◽  
Shipping Costs ◽  
The Status ◽  
Happy Marriage ◽  
Religious Courts ◽  
Laws And Regulations

Marriage is a sacred bond which is ideally only held once in a lifetime. Both Islamic law and positive law require an eternal happy marriage. To support this the Koran proclaims marriage as mitsaqan galiza. The marriage is then registered in the state administration. In line with this, the laws and regulations are formulated in such a way as to make divorce more difficult. However, when there are acceptable reasons and due to coercive conditions, divorce can be done through a judicial process. The divorce must then be registered by taking certain procedures. The court delivered the notice and sent a copy of the decision to the marriage registrar to file the divorce properly. The implementation of this divorce record was not effective. The separation of the Religious Courts Institution from the Ministry of Religion has become a factor that causes the registration task not to be carried out. The loss of the obligation to submit a copy of the decision on the judge's ruling caused the recording to be constrained. The unavailability of shipping costs also contributed to the failure to register divorce. Even though there is a threat to the Registrar who neglects to deliver a copy of the verdict, unclear sanctions make this ineffective. As a result of the lack of recording of divorce, the status of husband and wife becomes unclear and opens opportunities for abuse of that status.

scholarly journals PENERAPAN KODE ETIK NOTARIS DALAM PEMBUATAN AKTA PEMBAGIAN WARIS NO 31 MENURUT UUJN NO 2 TAHUN 2014

2018 ◽  
Vol 1 (1) ◽  
pp. 1859
Author(s):  
Yoki Kurniawan ◽  
Hanafi Tanawijaya
Keyword(s):  
Public Interest ◽  
Research Method ◽  
Code Of Ethics ◽  
Supervisory Board ◽  
The State ◽  
The Public ◽  
The Law ◽  
Laws And Regulations

Notary is a position or ordinary we call as general officials appointed by the State and work to serve the public interest. Not only that, a notary also in carrying out its duties and authority must comply fully with the prevailing laws and regulations in Indonesia. Each position certainly has an ethics in the profession which is called a code of ethics, as well as a notary who has a code of ethics in his profession. But out there masi no notaries who violate the code of ethics as mentioned in the law, In accordance with the title of the author of the adopted method of research used is the normative research method supported by interviews that are expected to help answer the problems of this study. The authors conducted interviews with the supervisory board, notaries, and legal experts. In this case the notary has been declared guilty by the Regional Supervisory Board (MPD) and will proceed the case to the level of sanction by the Regional Supervisory Board (MPW) and after receiving the sanction it will proceed to the next level of Central Assembly (MPP) to be sanctioned which has been granted by the level of the Regional Supervisory Board (MPW).

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.

SOCIAL ECONOMY ENTITIES IN PUBLIC POLICY

2021 ◽  
Vol 17 (1 (ang)) ◽  
pp. 10-17
Author(s):  
Andrzej Zybała
Keyword(s):  
Public Policy ◽  
General Public ◽  
Social Economy ◽  
The State ◽  
Policy System ◽  
Public Issues ◽  
The Public ◽  
The Social

This paper focuses on the issue social economy entities and the role they play in the public policy. The paper argues in favour of the thesis that social economy entities are an important component of what can be described as the capacity of the public policy system in a given country. They contribute significant resources – intellectual, organisational, executive [financial], etc. – to the system. The larger these resources are, the more efficient the whole system becomes, i.e. the ability to identify key public issues and to program their solutions, to implement these solutions and to evaluate the results of public policy actions in various forms. It indicates that it is in the interest of the State and the general public to strengthen the social economy entity sector.

scholarly journals Communicating Cultural Heritage Resources to the Public: Experiences from the Makonde of Mtwara Region, Tanzania.

2019 ◽  
Vol 8 (1) ◽  
pp. 35
Author(s):  
Festo Wachawaseme Gabriel
Keyword(s):  
Cultural Heritage ◽  
General Public ◽  
Local Communities ◽  
Public Archaeology ◽  
The State ◽  
African Countries ◽  
The Public ◽  
The World

Communicating cultural heritage to the public has gained popularity in many African countries and the world at large. However,little efforts have been done to promote the practice of public archaeology in Tanzania. The main reason is the dominance of conventional archaeology which is mainly meant for academic consumption. In this kind of practice, the participation of local communities has been passive. This paper explores local communities’ understanding of cultural heritage resources focusing on local communities in the Mtwara Region of Tanzania. The results of this study reveal that little effort has been made by archaeologists and cultural heritage professionals to create awareness among local communities on matters related to archaeology and cultural heritage resources. Apart from discussing the state of local communities’ awareness on archaeology and cultural heritage resources, the paper also discusses the importance of communicating cultural heritage resources to the general public and the need to engage local communities in the conservation and preservation of cultural heritage resources.

scholarly journals Demokrasi dalam Keluarga di Ruang Komunikasi Digital Masa Kini

2021 ◽  
Vol 8 (3) ◽  
Author(s):  
Ambros Leonangung Edu ◽  
Richard A Nelwan
Keyword(s):  
Digital Technology ◽  
Basic Assumption ◽  
State Level ◽  
The State ◽  
Democratic Values ◽  
Face To Face ◽  
The Public ◽  
Emotional Relationships ◽  
The Family ◽  
Excessive Entry

This paper background describes about democratic values such as equality, honesty, openness, freedom due to the intervention of digital technology. The basic assumption of this paper is that democracy which is known to the public is accepted and has strong roots in the family lives. Family is the first place a person gets to know democracy. Home is a space for the seeds of democracy to grow. Democracy in the family matures the democratic process in society and the state. A democraticperson in  family is a democratic cittizen in state life. The purpose of this paper is to explore democratic values in the family as a place for the development of democracy at the state level, and how the shift in democracy at the family level occurs due to the presence of digital technology which distorts communication, relationships, and the value of equality. The description in this paper comes to the conclusion that there is a good side to democracy in a family that grows above physical and emotional relationships, direct and face-to-face relationships. The facts that occur in today's families, the breakdown, estrangement, and disharmony in today's families, one of which is triggered by the lack of direct communication due to excessive entry of digital technology.

scholarly journals TRADISI MERASI DALAM ADAT PERKAWINAN MELAYU RIAU (STUDI ANALISIS TERHADAP PENENTUAN KAFAAH CALON PENGANTIN DI KELURAHAN BAGAN BATU)

2016 ◽  
Vol 2 (2) ◽  
pp. 179
Author(s):  
Rahmat Pulungan
Keyword(s):  
Data Analysis ◽  
Qualitative Method ◽  
Islamic Law ◽  
Field Research ◽  
The State ◽  
Analysis Techniques ◽  
The People ◽  
Religious Understanding ◽  
The Way

<em>Kafaah aims to create harmony and balance in marriage. Criteria of kafaah in jurisprudence according to scholarly is nasab, wealth, beauty, diyanah, hirfah and self independence. The problem that occurs is when determining kafaah in Bagan Batu, the Malay community has its own way in the process or determine kafaah, they carry the tradition called merasi to ensure compatibility between their children who will carry out the marriage. The main problem to be answered through this research is to determine how the process of merasi in determinig kafaah conducted by Malay community in Bagan Batu, what is the purpose of this tradition and how the views of Islamic law against the tradition. The purpose of this study: 1). To know the procedures of merasi tradition 2). To find out the purpose of merasi in determining kafaah 3). To find out the views of the Islamic law in the determination of kafaah through merasi process undertaken by the community of Bagan Batu , Bagan Sinembah ,Riau Province. The research is a field research that is descriptive qualitative. In the collection of necessary data, the author uses interview and observation techniques. While in the data analysis techniques, used qualitative method that describe the situation on the ground systematically. The results of this research is merasi tradition that conducted by people in Bagan Batu by combining both the name of the bride, and the progenitor will predict the state of their household after marriage. The way of this merasi may vary according to the progenitor who will perform it. Whereas the purpose of this merasi to reduce the disadvantages and for the achievement of the benefit in marriage. Merasi tradition in determining kafaah that happened inBagan Batu may be accepted and enforced. Because, during the process nothing contrary to Islamic law, also aimed to benefit of the people. In fact, before merasi the progenitor will ask the religious understanding of the bride, and it is also used as a basic foundation for determining the kafaah between the couple.</em> Kafaah bertujuan untuk menciptakan keserasian dan keseimbangan dalam perkawinan. Kriteria kafaah dalam fiqih menurut jumhur ulama ialah nasab, kekayaan, kecantikan, diyanah, hirfah, dan kemerdekaan diri. Permasalahan yang terjadi adalah saat menentukan kafaah, di Kel. Bagan Batu, para masyarakat Melayu mempunyai proses atau cara tersendiri dalam menentukan kafaah, mereka melaksanakan tradisimerasi untuk memastikan keserasian antara anak mereka yang akan melaksanakan perkawinan. Masalah penelitian ini adalah bagaimana proses merasi dalam menentukan kafaah yang dilakukan masyarakat Melayu di Kel. Bagan Batu, apa tujuan dari tradisimerasi dan bagaimana pandangan hukum Islam terhadap tradisimerasi tersebut. Riau. proses merasi yang dilakukan masyarakat Bagan Batu yaitu dengan cara menggabungkan kedua nama calon mempelai, dan datuk yang bersangkutan akan meramal keadaan rumah tangga mereka setelah menikah. Cara merasi ini beragam metodenya sesuai dengan datuk yang akan mem-faal. Sedangkantujuan dari merasi ini untuk mengurangi kemudharatan dan demi tercapainya kemaslahatan dalam pernikahan. Tradisimerasi dalam penentuan kafaah yang terjadi di Kel. Bagan Batu ini boleh diterima dan diberlakukan. Karena, selama proses merasi tidak ada hal yang bertentangan dengan hukum Islam yang juga menginginkan kemaslahatan umat. Bahkan, sebelum merasi para datuk akan menanyakan pemahaman agama para calon pengantin, dan hal ini juga dijadikan sebai landasan dasar dalam menentukan kafaah antara pasangan tersebut.

scholarly journals The Austrian Act on the Protection against Domestic Violence

Temida ◽  
2002 ◽  
Vol 5 (3) ◽  
pp. 15-25 ◽  
Author(s):  
Albin Dearing
Keyword(s):  
Domestic Violence ◽  
General Public ◽  
The State ◽  
Public Authorities ◽  
The Public ◽  
The Past ◽  
The Impact

The past few years have seen a fundamental and broadly based change in the response to domestic violence perpetrated by men against women. The Act on Protection against Domestic Violence which entered into force on May 1st, 1997 reflects this new orientation, or rather this shift in paradigm, which has led to a new understanding of the phenomenon of domestic violence and defines appropriate response by the state by it. The impact of this shift in paradigm is considerable: not only have public authorities and private women?s institutions changed their attitudes towards domestic violence, but the general public now responds to this phenomenon in a manner that is entirely different from what it was prior to the approach. Reports on cases of violence no longer merely state the facts indifferently, but now invariably end with the question whether the authorities had been informed and whether they had taken any action to prevent the crime. Thus the public authorities have come to assume responsibility for combating domestic violence as a result of societal developments.

scholarly journals PERSEPSI WARIS MASYARAKAT TRANSMIGRASI DI KAMPUNG ARSO VII KABUPATEN KEEROM PROPINSI PAPUA PERSPEKTIF HUKUM WARIS ISLAM

2020 ◽  
Vol 2 (2) ◽  
pp. 111-121
Author(s):  
Muhamad Zainal Abidin
Keyword(s):  
Social Life ◽  
Qualitative Method ◽  
Public Perception ◽  
Social Conditions ◽  
Cultural Patterns ◽  
Inheritance Law ◽  
The Public ◽  
Sociological Approach ◽  
The Family ◽  
People’S Perceptions

AbstractThis research examines the perception of inheritance law in the transmigration community. Given that in social life, transmigration communities are multicultural, consisting of various ethnic groups and their respective cultural patterns, which come from their place, environment and social conditions of origin. Including the issue of inheritance law in the transmigration area which has its own uniqueness. The purpose of this research is to obtain information related to people's perceptions of inheritance law that applies in accordance with the customs and traditions of society. This study used a descriptive qualitative method, with a sociological approach to the perception of the transmigration community. The results of the research conducted, it can be concluded that the public perception of inheritance, namely assets that are distributed before the heir dies by means of deliberation to obtain consensus which is witnessed by the family and divided by appointment of inheritance to the heirs.Keywords: Inheritance Law; Transmigration Community; Inheritance Perception.

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