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.

THE APPLICATION OF ISLAMIC LAW AT THE COLONIAL AGE AND IT'S IMPLICATION FOR THE INDONESIAN RELIGIOUS JUSTICE SYSTEM

2019 ◽  
Vol 1 (2) ◽  
Author(s):  
Muhamad Mas’ud
Keyword(s):  
Indigenous People ◽  
Islamic Law ◽  
Family Law ◽  
Customary Law ◽  
Legal Norms ◽  
East Indies ◽  
Historical Figure ◽  
Dutch East Indies ◽  
Islamic Family Law ◽  
Religious Courts

The enactment of Islamic law during colonialism was marked by the thought of Sayyid Usman, a historical figure who had a great interest in the study of Islamic law in Indonesia during the Dutch East Indies colonization. As a scholar, he has special attention to the continuity of Islamic law in Indonesia, especially regarding Islamic family law, which at that time had been widely practiced by people to replace customary law. In addition, he also contributed a lot of thoughts in the context of enforcing Islamic law by organizing religious justice institutions and compiling Islamic family law. Formally the institutions of religious justice, especially in Java and Madura, were only formed by the Dutch East Indies government in 1882, through the Staatsblad 1882 No. 152. This formation is at once a measure of the reorganization of religious justice institutions, namely by establishing new religious courts in addition to each landraad (the same court) with the same legal area, on average as large as the district. It's just that if before the religious court was independent, then with this reorganization the power to carry out the verdict was handed over to landraad. K.F. Holle, L.W.C. Van den Berg, and Snouck Hurgronje, these three Dutch people were very influential in the birth of the theory of the enactment of Islamic law in Indonesia, L.W.C. Van den Berg is one of the initiators of the theory of receptio in complexu, which states that "for Muslims full Islamic law applies because he has embraced Islam even though there are still deviations in its implementation. Next to L.W.C. Van den Berg carries the theory of receptio in complexu, and Snouck Hurgronje as the originator of receptie theory, which states that for indigenous people basically customary law applies, and Islamic law applies to indigenous people if Islamic legal norms have been accepted by society as customary law.

scholarly journals PEMBAHARUAN HUKUM KELUARGA ISLAM DI BRUNEI DARUSSALAM

2020 ◽  
Vol 14 (1) ◽  
pp. 105-120
Author(s):  
Humaira Potabuga
Keyword(s):  
Rule Of Law ◽  
Islamic Law ◽  
Family Law ◽  
Legislative Process ◽  
The Rule Of Law ◽  
Legal Rules ◽  
Muslim Countries ◽  
Brunei Darussalam ◽  
Islamic Family Law ◽  
The Times

The renewal of Islamic family law in Muslim countries is making rapid progress. This is because the response to legal issues that occur due to the times. Some countries still retain the rule of law of the School they profess, others are absolutely completely free from Islamic law and choose to make modern law as a reference. While other countries are trying to reform the law with a legislative process so that the creation of permanent legal rules in carrying out Islamic family law. The direction of renewal is related to the issue of children and women's rights in marriage or inheritance.

scholarly journals STUDI ISLAM DALAM KAJIAN HUKUM KELUARGA ISLAM DI INDONESIA

2016 ◽  
Vol 1 (1) ◽  
pp. 63
Author(s):  
Sadari Sadari
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Rule Of Law ◽  
Islamic Law ◽  
Family Law ◽  
Nation State ◽  
The Rule Of Law ◽  
Islamic Family Law ◽  
Rights Issues

This article offers a study of h}udu>di> (limit) in Islamic family law contained in the Indonesian Compilation of Islamic Law (KHI). The study of h}udu>di is nothing other than the process of desacralization that KHI becomes progressive in line with the development of modernity and in the context of Indonesian-ness. To that end, this article makes two efforts, firstly, by rejecting the idea that gives no attention to limit in one hand, and secondly, by strengthening the thoughts of scholars who offer new ijtihad both in its concept until to methodology. Thought that strengthens it came from Syrian figure, namely Muh}ammad Shah}ru>r, through a plausibility structure. His study of hududsupported Nurcholish Madjid idea about the de-sacralization, so as to perform the coherence between KHI to human rights issues, democracy, nation-state, civil society, and constitutionalism. So this article supports the spirit of de-sacralization - in addition to not abandon its sacralization - initiated by Nurcholish Madjid. The source of this study is KHI, by using the hududparadigm, that based on a maxim of sabat al-naswa harakah al-muhtawa, meaning that the text is permanent , but the content moves. So that the rule of law is always rooted in liminality based on the text, which is the pivot of study centered on the text toward the context, not vice versa.

scholarly journals SEJARAH PEMBENTUKAN DAN PEMBARUAN HUKUM KELUARGA ISLAM DI NUSANTARA

2018 ◽  
Vol 2 (1) ◽  
Author(s):  
Ahmad Rajafi
Keyword(s):  
Law Enforcement ◽  
Cultural Evolution ◽  
Family Law ◽  
Reform Era ◽  
History Of ◽  
Islamic Family Law ◽  
The 1950S

Sejarah pembentukan dan pembaruan hukum keluarga Islam di Indonesia tidak pernah bisa terlepas dari dialektika evolusi budaya hukum yang terjadi dari waktu ke waktu. Model utama dari penggerak evlousi tersebut ada pada semangat penyebar Islam yang menerapkan teori inkulturasi namun tereduksi dengan semangat akulturasi yang melahirkan arabisasi Islam. Pada fase akulturasi inilah terjadi stagnasi pembaruan hukum keluarga dan bahkan mazhab asy-syafi'iyyah menjadi pegangan utama dalam menerapkan hukum keluarga. Semangat pembaruan baru muncul kembali di era 50-an dengan melahirkan istilah Fiqh Indonesia dan Kewarisan Bilateral. Semangat ini berlanjut di era reformasi dengan lahirnya CLD-KHI sebagai pembanding KHI dan diharapkan menjadi UU Perkawinan yang baru. Namun gerakan tersebut kembali stagnan karena begitu mengakarnya hasil pembentukan hukum keluarga Islam berbasis akulturasi di Nusantara. Kata Kunci: Sejarah pembentukan, pembaruan, hukum keluarga Islam,                              nusantara The History of the Establishment and Improvement of the Islamic Family Law in the Archipelago of Indonesia The history of the establishment and improvement of the Islamic family law in Indonesia can never be separated from law cultural evolution discourse that occurs from time after time. The first model of the evolution motor laid on the spirit of the Islam spreaders who applied inculturation brought forth the Arabization of Islam. In the acculturation phase, the improvement of family law is paused and make the mazhab asy-syafiiyyah as the main base in family law enforcement. The call for improvement reemerged in the 1950s by introducing Indonesian Fiqh and bilateral inheritance. The course continued to the reform era noted by the introduction of CLD-KHI as a counter to KHI and expected to the new marriage regulation. However, the movement was halted again since acculturation has rooted in the development of Islamic family law. Keywords: the history of establishment, improvement, Islamic family 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 JUDGE’S DISCRETION IN ISLAMIC FAMILY LAW: INDONESIAN RELIGIOUS COURTS EXPERIENCE

2014 ◽  
Vol 3 (3) ◽  
pp. 203
Author(s):  
Muhamad Isna Wahyudi
Keyword(s):  
Law Enforcement ◽  
Islamic Law ◽  
Family Law ◽  
The State ◽  
State Law ◽  
Legal Tradition ◽  
Muslim Countries ◽  
The Law ◽  
Religious Courts ◽  
Joint Property

Tension between Islamic legal tradition and the modern nation state’s role in establishing dan reforming law has become the global controversies and conflicts in Muslim countries over the last decades including Indonesia. Since the enactment of Law No.1/1974 on Marriage, then Compilation of Islamic Law (Kompilasi Hukum Islam/KHI) under President Instruction No.1/1991, dualism of the validity of marriage has been arising in Indonesian Muslim society. The dualism has led to ambivalence towards law enforcement among judges of religious courts in dealing with the petitions for the legalization of marriage while the Law restricts the petitions to marriages before the enactment of Law No.1/1974. In this case, judges of religious court have deviated from the state law by granting legalization to marriages occurred after the enactment of Law No.1/1974. Such deviation is known as judge’s discretion. Despite judges of religious courts seem to adhere to the Islamic legal tradition than the State law in the case of legalization of marriage; they have deviated from Islamic legal tradition or state law in terms of the fulfillment of divorced wife’s rights, joint property, custody, and inheritance. Their discretion is merely to provide the justice to the litigants when the application the letter of the law is contradictory to justice. In this way, they have also taken a part in reforming the Islamic FamilyLaw.Keywords: judge, discretion, justice.

scholarly journals PERKEMBANGAN PERUNDANG-UNDANGAN HUKUM KELUARGA MUSLIM DI MESIR ( STUDI WASIAT WAJIBAH DI MESIR)

2020 ◽  
Vol 1 (1) ◽  
pp. 1-20
Author(s):  
Ishak Tri Nugroho ◽  
Muhammad Akbar ◽  
Suhri Hanafi
Keyword(s):  
20Th Century ◽  
Islamic Law ◽  
Family Law ◽  
Muslim World ◽  
Muslim Country ◽  
Inheritance Law ◽  
Islamic Tradition ◽  
History Of ◽  
Islamic Family Law ◽  
The Law

The long history of reforming Islamic Family Law in the Muslim world began in the 20th century when Turkey became the first Muslim country to pioneer this reform. These reforms greatly influenced the reform of Islamic family law in Egypt and provided a more forward-looking color compared to what was previously done, the impetus for reform and reform of Islamic law in Egypt came from within the Islamic tradition itself and from outside the Islamic tradition. In addition to reforming family law in general, Egypt has also reformed the concept of inheritance law regarding wajibat for orphan grandchildren, which actually does not discuss this matter in classical books. Egypt regulates the issue of compulsory wills in the Egyptian Law, namely Law no. 71 of 1946 concerning inheritance, Egypt introduced a new concept in terms of inheritance for orphaned grandchildren who are usually considered as dzawil arham who are prevented from obtaining inheritance, so they are now entitled to inheritance by using the mandatory will. The concept of wills, mandatory, for inheritance for orphaned grandchildren does not exist in classical jurisprudence, and it appears that Egypt is trying to reform the law by inventing new laws or rechtsvinding, in order to find a solution to the inheritance problems that occur in Egypt.

scholarly journals Limiting Freedom During the Covid-19 Emergency in Italy: Short Notes on the New “Populist Rule of Law”

Global Jurist ◽  
2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Alessandro Simoni
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Media Reporting ◽  
History Of ◽  
The Government

AbstractThe implications of the severe lockdown regime introduced in Italy in the context of the Covid-19 emergency can be correctly understood only through a broader look at how the text of the provisions adopted by the government is transformed by media reporting and law enforcement practice. From such a perspective, it appears clearly that we are witnessing nothing more than the most recent segment of a populist approach to the use of legal tools, the history of which starts well before the pandemic.

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.

scholarly journals The Discourse and Practice of Islamic Family Law in Indonesia

2021 ◽  
Vol 58 (1) ◽  
pp. 5201-5212
Author(s):  
Nurrohman Syarif
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Court System ◽  
Islamic History ◽  
Law System ◽  
Muslim Countries ◽  
Changing Times ◽  
The Impact ◽  
Civil Law System ◽  
Religious Courts

Family law is the most powerful law practiced in Islamic history, but this does not mean that it avoids the demands of changing times. Today, there are no less than thirteen problems related to family law that have arisen in the Muslim world. This problem arises not only because of demands for changing times, but also because of efforts to unify, codify and legislate Islamic law in a number of Muslim countries. This problem requires not only solutions but also reforms. This study aims to examine the model of understanding, practicing, reforming and transforming Islamic law in Indonesia and its impact on the position of standard classical fiqh books and the independence of judges in the Religious Courts. This research is a non-doctrinal normative qualitative research type. This study found a variety of models in the exploration, practice and reform of family law in Indonesia. The impact of the reform and transformation of family law in Indonesia is that classical fiqh books are no longer used as the main reference and the Religious Court System is closer to the civil law system. However, the reform and transformation of family law in Indonesia did not reduce the independence of religious judges in exploring and discovering more contextual Islamic law.

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