scholarly journals Kewarisan Masyarakat Muslim dalam Konteks Indonesia

2019 ◽  
Vol 16 (1) ◽  
pp. 1-19 ◽  
Author(s):  
Yuliatin Anzohar
Keyword(s):  
Islamic Law ◽  
Religious Diversity ◽  
Community Life ◽  
Inheritance Law ◽  
Equal Distribution ◽  
Muslim Population ◽  
Male And Female ◽  
The World ◽  
Distribution Principle ◽  
The Individual

: Indonesia is one country that has the largest population in the world. Religious diversity and customs inherent in community life, but does not mean it makes the pluralistic Indonesian society divided and fragmented. Precisely these differences condition they respect and value between one another. Despite the fact that the majority of Indonesian people are Muslims, but the application of the laws of force in it are not necessarily subject to the laws of Islam alone. In the matter of implementation of the division of the estate, Indonesia's Muslim population is very varied, either by using the Islamic inheritance law as well as the customary inheritance law. Islamic inheritance executed by referring to the rules contained in the Compilation of Islamic Law which is certainly a source of law of the KHI major source of al-Quran and al-Hadith that there must be collaboration mujtahids interpretation of a well-formulated for the benefit of Indonesian Muslims. While the implementation of the division of estate, by using the customary inheritance law can be seen in the pattern of distribution of inheritance; 1. mayor at men (indigenous Lampung), the eldest son has full authority to the inheritance of parents, the responsibility of parents turn when their parents died or switched while the oldest boy has been married, children, women do not have rights to inheritance by reason of girls have given a Sergeant at the time of marriage; 2. mayoral women (indigenous Semendo South Sumatra), where the full authority over the estate such as houses, fields, and gardens turn to the oldest daughter "waistband", it manages the estate and can be utilized by all the heirs, apart from such property can be divided according to Islamic inheritance law; 3. The individual (custom Seberang Kota Jambi), inheritance becomes full rights of each of the heirs, both male, and female. The division of the estate according to the agreement with the equal distribution principle or superiority of heirs.

Kewarisan Masyarakat Muslim dalam Konteks Indonesia

2016 ◽  
Vol 16 (1) ◽  
pp. 1-18
Author(s):  
Yuliatin Yuliatin
Keyword(s):  
Islamic Law ◽  
Religious Diversity ◽  
Community Life ◽  
Inheritance Law ◽  
Equal Distribution ◽  
Muslim Population ◽  
Male And Female ◽  
The World ◽  
Distribution Principle ◽  
The Individual

Indonesia is one country that has the largest population in the world. Religious diversity and customs inherent in community life, but does not mean it makes the pluralistic Indonesian society divided and fragmented. Precisely these differences condition they respect and value between one another. Despite the fact that the majority of Indonesian people are Muslims, but the application of the laws of force in it are not necessarily subject to the laws of Islam alone. In the matter of implementation of the division of the estate, Indonesia's Muslim population is very varied, either by using the Islamic inheritance law as well as the customary inheritance law. Islamic inheritance executed by referring to the rules contained in the Compilation of Islamic Law which is certainly a source of law of the KHI major source of al-Quran and al-Hadith that there must be collaboration mujtahids interpretation of a well-formulated for the benefit of Indonesian Muslims. While the implementation of the division of estate, by using the customary inheritance law can be seen in the pattern of distribution of inheritance; 1. mayor at men (indigenous Lampung), the eldest son has full authority to the inheritance of parents, the responsibility of parents turn when their parents died or switched while the oldest boy has been married, children, women do not have rights to inheritance by reason of girls have given a Sergeant at the time of marriage; 2. mayoral women (indigenous Semendo South Sumatra), where the full authority over the estate such as houses, fields, and gardens turn to the oldest daughter "waistband", it manages the estate and can be utilized by all the heirs, apart from such property can be divided according to Islamic inheritance law; 3. The individual (custom Seberang Kota Jambi), inheritance becomes full rights of each of the heirs, both male, and female. The division of the estate according to the agreement with the equal distribution principle or superiority of heirs

scholarly journals Pembaharuan Hukum Waris Islam di Turki

2019 ◽  
Vol 5 (2) ◽  
pp. 181-201
Author(s):  
Umar Faruq Thohir
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Civil Law ◽  
Religious Life ◽  
Inheritance Law ◽  
Muslim Population ◽  
The Past ◽  
Muslim Countries ◽  
The World ◽  
Islamic Countries

It is inevitable that a legal enactment, or reform of Islamic family law in various Muslim countries or countries with a majority Muslim population in the world. This is because the existing law (valid) is still not revealed or has been revealed but is considered not in accordance with the era anymore, due to the different “context” between the past and the present. As Anderson said, Islamic law in Islamic countries was not static at all. The form of renewal that is carried out differs from country to country. First, there are some countries that carry out reforms in the form of laws. Second, there are some countries that carry out reforms based on the decree of the president or king. Third, there are some countries that carry out reforms in the form of judicial provisions. The country of Turkey is the first country to carry out renewal in family law. Updates are carried out in the form of laws. For Turkish Muslims, Hanafi is a school that underlies the religious life formally until 1926, before the existence of legislation legislation that was eclectically codified. The Islamic Civil Law or what is called ¬Majallat al-Ahkâm al-liAdliyah, which most of the material is based on Hanaf madîî actually has been prepared in Turkey since 1876, although it is not comprehensive, because it does not include family law and inheritance law. Keywords: reform of Islamic, Waris, and Turkish Muslims

scholarly journals Implications of Hazairin and Munawir Sjadzali Thoughts In Establishment of Islamic Inheritance In Indonesia

2018 ◽  
Vol 18 (2) ◽  
Author(s):  
Sugiri Permana
Keyword(s):  
Islamic Law ◽  
Great Influence ◽  
Inheritance Law ◽  
Male And Female

Inheritance law is one of islamic law that always dinamically follow the time. The history showed when abu bakr period, two years after the death of prophet, has renewed inheritance law. Indonesias became an important part of inheritace law. This development isnt regardless from the thinker and scholar in indonesia. Among scholar who have a great influence on inheritance law in indonesia are hazarin and munawir sjadzali. both of figures are famous for their controversy. Hazarin famous for the thought the equality of between grandchildren male and female. while sjadzali famous her thought the equality between man and women. hazarin tend to think that is still near to the nash alquran, while munawir to deviates from nash provisions. In its development, the development of hazarin was adopted by inherentance law in Indonesia. the compilation of islam law has decided the existence of substitute heird in which one of them comes from the thought on Hazarin who positioned equally between granddaughter and grandson.

scholarly journals THE AWARENESS OF ISLAMIC INHERITANCE LAW IN MUHAMMADIYAH GROUPS AT MEDAN CITY

2018 ◽  
Vol 2 (1) ◽  
pp. 147
Author(s):  
Isnina Isnina ◽  
Farid Wajdi
Keyword(s):  
High School ◽  
Islamic Law ◽  
Customary Law ◽  
Basic Knowledge ◽  
High School Diploma ◽  
Inheritance Law ◽  
Men And Women ◽  
Male And Female ◽  
Low Levels ◽  
Descriptive Method

AbstractThe purpose of this study is to describe people's understanding of the distribution of inheritance according to Islamic inheritance law. This research uses a descriptive method. The population of this study were Muhammadiyah residents in Medan City with a sample of 274 respondents, but the return and complete for data processing amounted to 234 samples.Based on the results of the study concluded that all levels of education elementary, junior high, high school, diploma and S1 or S2 no respondents who have low levels of legal awareness both male and female. However, most of Muhammadiyah of Medan City only know that the division of inheritance in Islamic law has been arranged, but the technique of dividing inheritance in Islam most of society do not master well. This is because they do not have a basic knowledge of how the division of Islamic inheritance law.The practice of dividing the inheritance of Muhammadiyah citizens of Medan City is very diverse, some are using the Islamic law, using customary law, using the method of family deliberation, by giving men and women equally. not a few finish to the Court made. Keywords: Legal Awareness, Division Of Inheritance,  Islamic Law

scholarly journals Humanisme Waris Dalam Islam

2019 ◽  
Vol 6 (1) ◽  
pp. 13-26
Author(s):  
Afidah Wahyuni
Keyword(s):  
Family Life ◽  
Islamic Law ◽  
Human Life ◽  
Inheritance Law ◽  
Men And Women ◽  
Male And Female ◽  
Inheritance System ◽  
Differences Of Opinion ◽  
The Difference

Abstract:The inheritance system in Islam reaps several differences of opinion, especially when faced with the values of religious humanism such as the value of brotherhood, freedom and equality. Differences of opinion are more visible in the concept of inheritance between men and women, 2: 1. However, in terms of humanism, justice cannot be separated from human life. Whereas Islam itself has its own meaning about justice; that fair does not always have to be the same. Therefore, the concept of 2: 1 between male and female heirs in Islamic law is not a form of injustice. This is due to the factors behind the development. One of them is the difference in the roles of men and women in family life. Where women get a living, while getting inheritance rights. Whereas men get inheritance rights, but still have to support the women who are in their dependents.Keywords: Inheritance Law, Inheritance Humanism, Islamic Law Abstrak:Sistem waris dalam Islam memang menuai beberapa perbedaan pendapat, apalagi bila dihadapkan pada nilai-nilai humanisme religius seperti nilai persaudaraan, kebebasan, dan persamaan. Perbedaan pendapat lebih terlihat pada konsep pembagian waris antara laki-laki dan perempuan, 2:1. Namun demikian, dalam paham humanisme, keadilan tidak bisa dipisahkan dari kehidupan manusia. Sedangkan Islam sendiri memiliki makna tersendiri tentang keadilan; bahwa adil tidak selalu harus sama. Oleh karena itu, konsep 2:1 antara ahli waris laki-laki dan perempuan dalam syariat Islam, bukan suatu bentuk ketidakadilan. Hal ini disebabkan karena adanya faktor yang melatarbelakangi pembangian tersebut. Salah satunya ialah perbedaan peran laki-laki dan perempuan dalam kehidupan keluarga. Dimana perempuan mendapat nafkah, sekaligus mendapat hak warisan. Sedangkan laki-laki mendapat hak warisan, namun masih harus menafkahi kaum perempuan yang berada di dalam tanggungannya.Kata Kunci: hukum waris, humanisme waris, hukum Islam

Creativity and Its Origins

2016 ◽  
pp. 299-318
Author(s):  
Donald W. Winnicott
Keyword(s):  
Case Material ◽  
Worth Living ◽  
External Reality ◽  
Men And Women ◽  
Male And Female ◽  
The World ◽  
The Individual

In this paper, Winnicott discusses the origins of creativity, stating that creative apperception more than anything else is what makes the individual feel that life is worth living. He contrasts this with a relationship to external reality that is one of compliance, where the world and its details are recognized only as something to be fitted in with or demanding adaptation. He also approaches creativity from the position of male and female elements, using case material involving dissociation of male and female elements in men and women and discussing pure male and female elements.

scholarly journals PERKAWINAN SEJENIS DALAM KONSTRUKSI TEORI MASHLAHAH

2019 ◽  
Vol 1 (1) ◽  
pp. 1-22
Author(s):  
Fajar Wajdu
Keyword(s):  
Islamic Law ◽  
Deviant Behavior ◽  
Negative Impact ◽  
Community Life ◽  
Same Sex ◽  
Same Sex Marriage ◽  
The Earth ◽  
Opposite Sex ◽  
Legal Position ◽  
The Individual

AbstractThis study uses the Mashlahah approach in explaining the similar legal position of marriage. Based on the consideration of the maslahah by paying attention to the objectives of Islamic law, which is to withdraw maslahah and reject mudharat, similar marriage is in fact contrary to the purpose of the fourth Islamic law, namely raising offspring. Therefore, Islam strictly prohibits marriage not only because it is against the Shari'a, but also contrary to the nature of humans who tend to live in pairs, precisely tend to the opposite sex.Similar marriage or similar sex (homosexual) is a deviant behavior that is very cruel and transcending, which is beyond the limits of the divine will of human nature. Then similar marriage is forbidden in Islam because it not only has a negative impact on the individual, but also ruining community life. Because the reluctance of marriage to the opposite sex is just the same as destroying the survival of humans on the earth, because it has become a sunnatullah that it is impossible to create a generation of humans from same-sex marriage. So the logic of marriage in Islam is with the opposite sex (heterosexual) and not the same sex marriage (homosexual) that justifies liwat.Keywords: Similar Marriage; Sexuality; Maslahah.

scholarly journals Barus Dalam Sejarah: Kawasan Percaturan Politik, Agama dan Ekonomi Dunia

2020 ◽  
Vol 19 (1) ◽  
pp. 1
Author(s):  
Misri A Muchsin
Keyword(s):  
World Economy ◽  
Islamic Law ◽  
Field Research ◽  
Religious Practices ◽  
Community Life ◽  
Port City ◽  
The World ◽  
Long Time

This paper examines the existence of Barus region as a port city of Muslim trade and its relation to the dynamics of politics, religion and the world economy that has developed since hundreds of years ago. Based on historiography and field research, Barus society have practiced Islamic law in their community life. However, the religious practices of Islam in this region declined during the colonization of Portuguese-Dutch. This colonialization was carried out in a long time and simultaneously with the strength of Christianization until the time of Indonesian independence. Based on this fact, the area of Barus and around Central Tapanuli in the recent times manifest as a minority Muslim.

scholarly journals PERKAWINAN SEJENIS DALAM KONSTRUKSI TEORI MASHLAHAH

2019 ◽  
Vol 1 (1) ◽  
pp. 1-22
Author(s):  
Fajar Wajdu
Keyword(s):  
Islamic Law ◽  
Deviant Behavior ◽  
Negative Impact ◽  
Community Life ◽  
Same Sex ◽  
Same Sex Marriage ◽  
The Earth ◽  
Opposite Sex ◽  
Legal Position ◽  
The Individual

AbstractThis study uses the Mashlahah approach in explaining the similar legal position of marriage. Based on the consideration of the maslahah by paying attention to the objectives of Islamic law, which is to withdraw maslahah and reject mudharat, similar marriage is in fact contrary to the purpose of the fourth Islamic law, namely raising offspring. Therefore, Islam strictly prohibits marriage not only because it is against the Shari'a, but also contrary to the nature of humans who tend to live in pairs, precisely tend to the opposite sex.Similar marriage or similar sex (homosexual) is a deviant behavior that is very cruel and transcending, which is beyond the limits of the divine will of human nature. Then similar marriage is forbidden in Islam because it not only has a negative impact on the individual, but also ruining community life. Because the reluctance of marriage to the opposite sex is just the same as destroying the survival of humans on the earth, because it has become a sunnatullah that it is impossible to create a generation of humans from same-sex marriage. So the logic of marriage in Islam is with the opposite sex (heterosexual) and not the same sex marriage (homosexual) that justifies liwat.Keywords: Similar Marriage; Sexuality; Maslahah.

scholarly journals Towards Developing Contemporary Education Theory

1990 ◽  
Vol 7 (1) ◽  
pp. 103-107
Author(s):  
Ishaq Farhan ◽  
Mahmoud Rashdan
Keyword(s):  
Islamic Law ◽  
Modern Society ◽  
Educational Systems ◽  
Education Systems ◽  
Educational Thought ◽  
The World ◽  
Islamic Countries ◽  
Education Theory ◽  
The Individual ◽  
Contemporary Education

With the increased interest in Islamic countries to adopt a way of lifebased on Islamic law, the need has intensified for practical and scientificIslamic alternatives to social and economic problems facing the world ingeneral and the Islamic nations in particular.Most countries of the world are undergoing severe education crises andreform is especially needed in education. The education systems in manycountries have failed to develop the individual in relation to social andhumanistic goals. Educational systems in the Islamic countries have beenmostly modeled on those of Western countries. As a result, these Islamiccountries are undergoing dual crises. First, the adopted education systemshave had a severe impact on many aspects of daily life in the Islamic countries.Second, the adopted education systems frequently counter Islamic goals andideals.Numerous thinkers and intellectuals in Muslim countries have emphasizedthe role of education in building a balanced and integrated individual personalityin society. Hundreds of books were written discussing these issues. Variousconferences were held to restore educational thought from the Islamic heritage.The effects of these efforts has resulted in emphasizing the successful roleof Islamic education in shaping the person, rebuilding society, and contributingto civilization.Education in modern society plays an important role in training humanresources to bridge the economic gap between the developed and developing ...

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