scholarly journals Democracy, Human Rights, and Islamic Family Law in Post-Soeharto Indonesia

2015 ◽  
Vol 5 ◽  
Author(s):  
Mark Cammack ◽  
Adriaan Bedner ◽  
Stijn Van Huis
Keyword(s):  
Family Law ◽  
Law Reform ◽  
Constitutional Court ◽  
State Control ◽  
Reform Initiatives ◽  
The Family ◽  
New Material ◽  
Divorce Rates ◽  
Islamic Family Law

This article examines the developments in Indonesian family law in the aftermath of the political transition that occurred in 1998. Its focus is on the position of the Islamic courts and the role of the women’s movement as a driver of reform. Combining literature on gender, Islam, and the state in Indonesia with new material such as divorce rates, cases of the Constitutional Court, and law reform initiatives, the authors argue that the family law reform processes already underway before 1998 have not changed much and have continued to lead to more state control of Islamic family law. Yet, even though the reforms since 1998 have not directly targeted family law, they have unleashed processes of liberalization, democratization and decentralization that have emboldened Indonesian women in the exercise of their rights and have invigorated debates over further reform.

scholarly journals Islamic Family Law Reform: Problems and Prospects

ICR Journal ◽  
2011 ◽  
Vol 3 (1) ◽  
pp. 37-52
Author(s):  
Mohammad Hashim Kamali
Keyword(s):  
Community Development ◽  
Family Law ◽  
First Century ◽  
Law Reform ◽  
International Institute ◽  
Special Issue ◽  
International Conference ◽  
Islamic Thought ◽  
The Family ◽  
Islamic Family Law

This Special Issue of Islam and Civilisational Renewal carries selected papers from the ‘International Conference on the Family Institution in the Twenty-First Century: Ideals and Realities’, held at IAIS Malaysia on 13-14 December 2010. The event was jointly organised by IAIS Malaysia, the Institute of Islamic Understanding Malaysia (IKIM), Yayasan Pendidikan Islam (YPI), Yayasan Ubaidi, the Journalists and Writers Foundation, Istanbul, Turkey, the International Institute of Islamic Thought (IIIT), and the Malaysian Turkish Dialogue Society, and officiated by Senator Dato, Sri Sharizat Abdul Jalil, Malaysia’s Minister of Women, Family and Community Development.  

scholarly journals Aspek-aspek Pembaruan Hukum Islam dalam Hukum Keluarga di Indonesia

2019 ◽  
Vol 11 (2) ◽  
pp. 249-270
Author(s):  
Fitriyani Fitriyani
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Public Life ◽  
Qualitative Change ◽  
Social Conditions ◽  
Law Reform ◽  
Universal Principles ◽  
The Family ◽  
Islamic Family Law

Islamic law reform is essentially contrary to something that already exists (existing) then undergo a qualitative change as a product of interaction in public life It could be argued that the process of law reform Islam is seen as something autonomous, but he also interacts with other elements in society that occurred interdependent. Therefore, the concept of renewal of Islamic law requires adaptatif stance with social conditions in which it interacts. In this case, the realization of the principle of al-muhafadzah 'ala al-qadim wa al-Salih al-akhdzu bi al-jadidi al-ashlah (maintaining the old one if it is still good and accept the new or changed if it is considered better), became a necessity. Within the framework of family law reform Indonesia, Islamic law meempunyai a very important role and strategic. Said, because the family law of Islam. in addition to recognized as a source of juridical law, also has universal principles and in accordance with the personality of the Indonesian nation. In fact, sociologically Islamic family law has taken root and become law who live in the midst of the majority of Indonesian people. Renewal of Islamic law in the context of family law Indonesia includes four categories, namely; jurisprudence, fatwa, jurisprudence and legislation.

scholarly journals Arrangement and Dynamication of Family Law Updating in Indonesia

Al-'Adl ◽  
2020 ◽  
Vol 13 (2) ◽  
pp. 285
Author(s):  
Ike Yulisa ◽  
Muhamad Yusuf ◽  
Doli Witro ◽  
Luqyana Azmiya Putri ◽  
Mhd. Rasidin ◽  
...  
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Customary Law ◽  
Law Reform ◽  
Government Regulations ◽  
Analysis Techniques ◽  
Structure And Dynamics ◽  
Divorce Rates ◽  
Islamic Family Law ◽  
Western Law

In Indonesia, family law is well regulated in law or government regulations. In this case, with the increasingly complex family law issues supported by divorce rates, which reached 398,245 in 2015, then in 2017, it increased to 415,898, and with the development of science and technology, so many problems arise both in terms of muamalah or family law itself. For this reason, structuring is needed through legal reform that makes it follow what is needed by the wider community. Starting from this, this paper will discuss the arrangement of Islamic family law and the dynamics of family law reform in Indonesia. This study aims to provide an overview of the arrangement of Islamic families and Islamic family law reform in Indonesia. This paper uses qualitative research methods that are library researching. The data in this article was obtained from books, journals, articles, magazines related to the structure and dynamics of family law reforms in Indonesia. After the data is collected, the writer analyzes with data analysis techniques, namely data reduction, data presentation, and concluding. The results of the study show that the structure and dynamics of family law in Indonesia, when viewed in the context of Islamic law reform, reveal a unique and problematic portrait of reform. It is said so because Indonesia applies three legal systems, namely customary law, Islamic law, and Western law.

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 PEREMPUAN DAN ISU POLIGAMI DI INDONESIA

2018 ◽  
Vol 9 (2) ◽  
Author(s):  
Lina Kushidayati
Keyword(s):  
Public Sphere ◽  
Family Law ◽  
Historical Research ◽  
Political Condition ◽  
Library Research ◽  
The Family ◽  
Political Background ◽  
Islamic Family Law ◽  
Women's Role

This article describes the contributions given by Indonesia women<br />to the family laws, especially the issue of polygyny/polygamy. This is a historical research aims at providing a balance perspective on women<br />responses upon the enactment of Islamic family law in Indonesia.<br />Despite the socio political condition which limited women‘s role in<br />public, Indonesian women were actively contributed to the debate<br />concerning family law issues, such as polygamy. Arguments given by<br />female scholars and activist could not be separated from their socio<br />political background. This is a historical research aims at understanding<br />the role of Indonesia women in negotiating polygamy in public sphere<br />and their ways of promoting their views and opinions. Data are<br />collected through library research and then analyzed in order to find the<br />pattern of argumentation and contribution given by women in polygyny<br />issues.

scholarly journals A suggested scenario to reduce the high divorce rates in Al- Jouf region  in view of the role of some social institutions: تصور مقترح للحد من ارتفاع معدلات الطلاق في منطقة الجوف في ضوء دور بعض المؤسسات الاجتماعية

2020 ◽  
Vol 4 (29) ◽  
Author(s):  
Naeima Omar Aldraan, Amaal Mohamed AbdelMawla, Randa Hammoud
Keyword(s):  
Social Issues ◽  
Social Institutions ◽  
Social Institution ◽  
Main Role ◽  
Community Members ◽  
The Family ◽  
Divorce Rates ◽  
Family Associations ◽  
The University

The study aimed to build a proposed perception to reduce the high rates of divorce in the Al- Jouf region in view of the role of some social institution as, and using the survey and documentary descriptive approach, through the application and two questionnaires were prepared (the first is directed to divorced and divorced women, and the second is directed to community members), and the interviews were used to get acquainted with the opinions of officials in both: Personality, 2- Al- Jouf University, 3- The Family Development Association, and the study concluded that the reasons for divorce are [socio- cognitive] reasons, the most important of which are: the interference of others in the family life of the couple, such as (family, relatives, and friends) With an average approval of 2.54 out of 3 , The weak educational and cultural role of institutions Different society (family, school, c Spangle, family associations) in the rehabilitation of young people for marriage An average of 2.53 out of 3, Also, coordination and cooperation between social institutions in the region to reduce the high rates of divorce in the region was weak coordination, and the research has resulted in a proposed vision to limit the high divorce rates in the Al- Jouf region. Its security and stability, In it the university plays the main role in coordinating and raising awareness of knowledge and social issues such as: women's rights- children's rights- providing family, psychological and legal counseling to university employees and members of society.

Same-Sex Relationships

2011 ◽  
Author(s):  
Joanna L. Grossman ◽  
Lawrence M. Friedman
Keyword(s):  
Family Law ◽  
Same Sex ◽  
Marriage And Family ◽  
Same Sex Marriage ◽  
The Social ◽  
The Family ◽  
Traditional Marriage ◽  
The Right ◽  
Constitutional Analysis

This chapter describes what might be the last battleground over “traditional” marriage—same-sex marriage, and the social and legal revolution that brought us from an era in which it was never contemplated to one in which, depending on the state, it is either expressly authorized or expressly prohibited. Same-sex marriage has posed—and continues to pose—a challenge to traditional definitions of marriage and family. But, more importantly, the issue implies broader changes in family law—the increasing role of constitutional analysis; limits on the right of government to regulate the family; and the clash between the traditional family form and a new and wider menu of intimate and household arrangements, and all this against the background of the rise of a stronger form of individualism.

Judicial Activism and Islamic Family Law: A Socio-Legal Evaluation of Recent Trends in Bangladesh

2007 ◽  
Vol 14 (2) ◽  
pp. 204-239 ◽  
Author(s):  
Ridwanul Hoque ◽  
MD. Morshed Mahmud Khan
Keyword(s):  
South Asian ◽  
Family Law ◽  
Judicial Reform ◽  
Judicial Activism ◽  
The Status ◽  
Recent Trends ◽  
Islamic Family Law ◽  
Traditional Construction ◽  
Status Of Women

AbstractThis article critically examines instances of judicial activism in the field of Islamic family law in Bangladesh in an attempt to assess this judicial trend. Seeing 'judicial activism' mainly as an enlightened application of ijtihād and also as society-specific application of statutes based on, or related to sharī'ah, we highlight the justice-ameliorative role of this concept. The authors argue that judicial activism has led to the amelioration of the status of women in Bangladesh as compared to a traditional construction of the sharī'ah, and that judges have adequate authority and legitimacy to develop Islamic family law to ensure better justice in the home. We conclude that modernist judicial reform is not only desirable but also inevitable in the current South Asian socio-legal milieu, where legislative passivity vis-à-vis Islamic family law prevails.

The Central Role of the Family Law in the Moroccan Feminist Movement

2008 ◽  
Vol 35 (3) ◽  
pp. 325-337 ◽  
Author(s):  
Fatima Sadiqi
Keyword(s):  
Family Law ◽  
Feminist Movement ◽  
The Family
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