scholarly journals IMPLEMENTASI HUKUM ISLAM DI KESULTANAN BIMA

2017 ◽  
Author(s):  
Rahmah Murtadha ◽  
Muhammad Mutawali
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
The Other ◽  
Inheritance Law ◽  
Legal Cases ◽  
Legal Traditions ◽  
Local Tradition ◽  
Islamic Family Law ◽  
The Law

The law of Bima Sultanate was shaped by two legal traditions, Mbojo custom and Islamic law. The encounter between them did not stir up conflicts and tensions. Mbojo custom representing the local tradition and Islamic law as the external element were complementary each other; they were mutually enforcing. This article examines the implementation of Islamic family law, marriage, divorce and inheritance in Bima Sultanate. This article shows that Islamic family law was applied effectively in Bima. This can be seen from the various legal cases. One example dealt with violation of conditional divorce by Im‟s husband, Smdn. The Sultanate Court ruled one repudition on this case because Smdn was proved guilty for breaking his conditional divorce oath by leaving his wife for seven years without any support. The other case was concerned with inheritance where Islamic inheritance law was fully applied. The assimilation of adat and Islam in the Sultanate was realized by applying Islamic law or adopting its stipulations and expressing this in the language of local custom

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 RECONSTRUCTION OF ISLAMIC FAMILY LAW IN THE FIELD OF LEGAL INHERITANCE IN RELIGIOUS PLURALISM AND ITS CONTRIBUTION TO NATIONAL LAW (Ijtihad Study Of Judges Of Religious Court On Development Of Inheritance Law In The Compilation Of Islamic Law)

2018 ◽  
Vol 1 (1) ◽  
pp. 121
Author(s):  
Ahmad Khisni
Keyword(s):  
Social Change ◽  
Religious Pluralism ◽  
Islamic Law ◽  
Family Law ◽  
The Other ◽  
Human Values ◽  
Inheritance Law ◽  
Other Hand ◽  
Law Texts ◽  
Legal Discovery

The juridical-theological-philosophical distinction of religion is one of the obstacles of a person to be an heir. On the other hand, empirically-historically-sociologically isnot so, because of the existence of illat or other reasons that allow a person of different religions to gain inheritance from the heirs who are Muslims by considering the factors of justice. It is an act of makrufconstructive ‘wasiatwajibah’ to the relatives in need and oriented towards human values, usefulness and benefit which need to be realized in pluralist society of diverse life. It can contribute to the national law which is the result of ijtihad in the form of development of compilation The Islamic Law texts (tahrij al-ahkam 'alanash al-qanun) as a form of legal discovery with a progressive paradigm in realizing the function of the judiciary that the judiciary is a tool of social change.

The Classical Islamic Law of Waqf: A Concise Introduction

2012 ◽  
Vol 26 (2) ◽  
pp. 121-153 ◽  
Author(s):  
Muhammad Zubair Abbasi
Keyword(s):  
Terminal Illness ◽  
Islamic Law ◽  
Legal Theory ◽  
The Other ◽  
Inheritance Law ◽  
The Creation ◽  
The Law ◽  
Primary Focus

Abstract The purpose of this article is to provide a concise and brief introduction to the classical Islamic law of waqf. This study is based on the Fiqh literature of four Sunni schools of thought. The primary focus is on the Ḥanafī Fiqh, however, representative texts of the other schools have also been taken into account. There are three major findings in this article. First, the law contained in Fiqh texts is incomplete because it does not encompass ʿurf (custom) and qānūn (imperial decrees). Custom is recognised in these texts in support of Fiqh, but qānūn is totally missing despite references to the power of rulers regarding certain provisions of waqf law. Second, the legal theory is inconsistent, as the majority of jurists hold that the ownership of a founder terminates with the creation of a waqf. However, not only the founder and his legal heirs maintain a limited proprietary interest in waqf property; the waqf also dissolves with the apostasy of its founder. Third, family awqāf (pl. of waqf) come into direct conflict with the law of inheritance and the law of gifts. However, the testamentary waqf and waqf during terminal illness are subservient to inheritance law, and jurists have tried to harmonise waqf law with inheritance law whenever an opportunity arose.

scholarly journals Pembaruan pemikiran hukum keluargaIslam di Indonesia

2011 ◽  
Vol 11 (2) ◽  
pp. 145
Author(s):  
Ismail Ismail
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Law Reform ◽  
Islamic Jurisprudence ◽  
Marriage Record ◽  
Islamic Family Law ◽  
The Law

Islamic family law or ahwal al-shakhsiyyah has prevailed in Indonesia since the inception of the law no. 1year 1974 concerning with marriage and the compilation of Islamic law in Indonesia (KHI) in 1991.Islamic family law run in Indonesia is not exactly the same as those contained in the books of classicaljurisprudence (fiqh). From its materials has been found in the legislation, there are a number of newprovisions that was different from those classical Islamic jurisprudence such as in marriage record, agerestrictions of marriage, polygamy, inheritance and wasiah wajibah etc.  These new provisions were issuedby scholars and contemporary Islamic jurists in the context of law reform. 

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 THE CHANCE ON ISLAMIC FAMILY LAW STUDY IN INDONESIA

2019 ◽  
Vol 4 (1) ◽  
pp. 42-55
Author(s):  
Ali Abubakar
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Space And Time ◽  
Head Of State ◽  
Islamic Family Law ◽  
The Law ◽  
Textual Content ◽  
Ritual Practices

Among the numerous problems frequently discussed by Islamic jurists is the separation of Muhammad's functions between as a Prophet or Apostle and as the head of a state. Sunnah as a reflection of the former must be carried out as it is, while the sunnah that represents the latter should be seen through adjusting the context to particular places and times. In general, the former is much related to the issues of ritual practices (Ibadah / God worshiping) which are regarded static or fixed in nature; probability of changes and development does not seem to appear in this domain although diversity does exist. Contrawise, a study on Muhammad's function as the head of state will experience progressive changes because it involves changes of variables such as time, place, circumstance, motivation, and tradition. However, due to the nature of bidimensionality of Islamic law, Muhammad's gait as the head of state is inseparable from the textual content of revelation which is rigid in nature; such particular content will stay unchanged across space and time. This content is called "value" (e.g. Syamsul Anwar), or maqāṣid al-syarī`ah (al-Ghazali, al-Syāṭibī, al-Ṭūfī, Ibnu Asyūr) or — ratio legis (Fazlur Rahman). The law can experience changes in adjustment to space and time under the same textual content in use as a guide

Hope Springs Eternal: Reforming Inheritance Law in Islamic Societies

Hawwa ◽  
2019 ◽  
pp. 1-18
Author(s):  
Ahmed Souaiaia
Keyword(s):  
Property Rights ◽  
Islamic Law ◽  
Family Law ◽  
Religious Tradition ◽  
Individual Rights ◽  
Civil State ◽  
Inheritance Law ◽  
Men And Women ◽  
The Third ◽  
The Law

AbstractSoon after the Lajnat al-Hurriyāt al-Fardiyya wa-l-Musāwāt (“Committee on Individual Rights and Equality”) submitted its report in June 2018 to the president of Tunisia, Beji Caid Essebsi, the latter ordered the legislature to amend the 1956 family law to achieve equality between men and women in inheritance and property rights. Although the authors of the report had written forcefully about how Islamic texts (the Qurʾan and sunna) are compatible with modern law, some of their recommendations suggested a broad inclination to reform the law outside religious tradition and as part of the exigencies of the civil state. These events and ideas brought to the fore questions such as whether classical Islamic law is reformable or obsolete. This paper aims to show that interpretations of Islamic texts that result in radically different inheritance laws have existed since at least the third Islamic century. Inequality has persisted always for political and institutional reasons, not substantive ones.

Maxims

2019 ◽  
pp. 654-669
Author(s):  
Donald R. Davis
Keyword(s):  
Islamic Law ◽  
Legal Interpretation ◽  
Legal Practice ◽  
Moral Foundation ◽  
Legal Principles ◽  
Legal Traditions ◽  
The World ◽  
The Law

This chapter examines the history and use of maxims in legal traditions from several areas of the world. A comparison of legal maxims in Roman, Hindu, Jewish, and Islamic law shows that maxims function both as a basic tools for legal interpretation and as distillations of substantive legal principles applicable to many cases. Maxims are characterized by their unquestionable character, even though it is often easy to demonstrate contradictions between them. As a result, legal maxims seem linked to the recurrent desire for law to have a moral foundation. Although maxims have lost their purchase in most contemporary jurisprudence and legal practice, categories such as “canons of construction,” “legal principles,” and “super precedents” all show similarities to the brief and limited collections of maxims in older legal traditions. The search for core ideas underlying the law thus continues under different names.

scholarly journals REKONSTRUKSI IJTIHĀD DALAM ILMU UṢŪL AL-FIQH

Al-Ahkam ◽  
2012 ◽  
Vol 22 (2) ◽  
pp. 161
Author(s):  
Rokhmadi Rokhmadi
Keyword(s):  
Islamic Law ◽  
The Other ◽  
Basic Principles ◽  
The Law ◽  
The Way

<p>Al-Qur’an and Sunnah, needs of understanding and extracting optimally, so that the contents of law can be applied for the benefit of people. The way- to understand and to extract the contents in these two sources- called <em>ijtihād</em>. Thus, <em>ijtihād</em> is needed on <em>istinbāṭ</em> of law from many arguments of the texts (<em>naṣ</em>), eventhough it is <em>qaṭ’ī</em> in which the uṣūliyyūn have agreed that it is not the area for re-extracting to the law (<em>ijtihādiyyah</em>). The problem in this case is that even a <em>qaṭ’ī</em> argument according to the most of uṣūliyyūn has not been <em>qaṭ’ī</em> argument in the other <em>uṣūliyyūn</em> opinion. Reconstruction of <em>ijtihād</em> becomes an alternative, with some considerations: <em>First</em>, weight and tightening the requirements to become a mujtahid, which is almost impossible controlled by someone at the present time; <em>Second</em>, the increasing complexity of the problems faced by the ummat which is very urgent to get the solution; <em>Third</em>, let the period without <em>ijtihād</em> (vacuum of mujtahid) is contrary to the basic principles of Islamic law are always <em>sāliḥ li kulli</em> <em>zamān wa makān</em>. This paper present to discuss further about the urgency of the reconstruction of <em>ijtihād</em> in the challenge of modernity.</p><p>***</p><p>Al-Qur<ins cite="mailto:hasan" datetime="2015-02-17T11:11">’</ins>an maupun <ins cite="mailto:hasan" datetime="2015-02-17T11:11">s</ins>unnah sangat membutuhkan pemahaman dan penggalian secara optimal agar isi kandungan hukumnya dapat diterapkan bagi kemaslahatan umat. Cara untuk menggali dan mengeluarkan isi kandungan yang ada dalam kedua sumber tersebut dinamakan <em>ijtihād</em>. <em>Ijtihād</em> sangat dibutuhkan pada setiap <em>isti<ins cite="mailto:muthohar" datetime="2015-01-29T05:30">n</ins><del cite="mailto:muthohar" datetime="2015-01-29T05:30"></del>bāṭ </em>hukum dari dalil <em>naṣ</em>, sekalipun dalil <em>naṣ</em> tersebut bersifat <em>qaṭ'ī</em> yang oleh para <em>uṣūliyyūn</em> sudah di­sepakati tidak menjadi wilayah untuk dijitihadi lagi. Permasalahannya adalah bahwa sesuatu dalil <em>naṣ</em> yang sudah bersifat <em>qaṭ'ī</em> sekalipun oleh sebagian besar <em>uṣūliyyūn</em>, belum tentu dipandang <em>qaṭ'ī</em> oleh sebagian <em>uṣūliyyūn</em> yang lain. Rekonstruksi <em>ijtihād</em> menjadi se­buah alternatif, dengan beberapa pertimbangan: <em>Pertama</em>, berat dan ketatnya persyaratan-persyaratan menjadi seorang mujtahid, yang hampir tidak mungkin di­kuasai oleh seseorang pada masa sekarang; <em>Kedua</em>, semakin kompleksnya per­masalah­an yang dihadapi oleh ummat yang sangat mendesak untuk mendapatkan solusi; <em>Ketiga</em>, membiarkan satu periode tanpa <em>ijtihād</em> (kevakuman mujtahid) adalah bertentangan dengan prinsip dasar hukum Islam yang selalu <em>sāliḥ li kulli zamān wa makān. </em>Tulisan ini hadir untuk mendiskusikan lebih jauh tentang urgensi rekonstruksi <em>ijtihād</em> dalam menghadapi tantangan modernitas.</p><p>***</p><p>Keywords: <em>ijtihād</em><em>, qaṭ'ī, ẓannī</em><em>, uṣūl al-fiqh</em></p>

scholarly journals THE PRINCIPLE OF SELF SUBMISSION IN DIVORCES CASES FROM THE PERSPECTIVE OF LEGAL CERTAINTY

2020 ◽  
Vol 2 (1) ◽  
pp. 63-78
Author(s):  
Haqqiyah Uthlufah
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Analytical Tool ◽  
Legal Interpretation ◽  
Legal Certainty ◽  
Marriage Law ◽  
Legal Research ◽  
Divorce Law ◽  
Islamic Family Law ◽  
Materials Used

The problem of the principle of submission in the divorce law in the Religious Court by a non-Muslim couple occurs because the couple's marriage is based on Islamic law. What cannot be separated from Islamic law is Islamic family law because it is related to the faith of a Muslim. Islamic family law can only apply to Muslims and cannot apply to non-Muslims. The problem of the principle of submission to the divorce law was incomplete (incomplete norm) or the existence of a legal vacuum (vacuum of norm) in marriage law in Indonesia. This research is a legal research and is normative in nature. The approach used is statutory, case, and conceptual. The legal materials used are primary, secondary and tertiary. The method of collecting legal materials is first to qualify the facts and then to qualify the law. The analytical tool used is legal interpretation in the form of principal, systematic and grammatical interpretation.

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