scholarly journals SOCIO-ECONOMIC AND RELIGIO-LEGAL IMPORTANCE OF ESTATE DISTRIBUTION IN ISLAMIC LAW

2012 ◽  
Vol 19 (1) ◽  
Author(s):  
ISMAEL Saka Smael
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
The World ◽  
The Status

The institution of inheritance is as old as the world itself. It occupies a vintage position in any given society whether such society is primitive, developed or developing. Therefore, because of the status of this institution, no society or legal system can afford to close its eyes to the importance of estate distribution generally and in Islamic Law in particular because it constitutes a major method of acquisition of wealth and property. This paper therefore examines the importance of estate distribution in Islamic Law upon the demise of a Muslim from economic, social, religious and legal perspectives.

scholarly journals TRANSFORMATION OF ISLAMIC LAW ON THE NATIONAL LEGAL SYSTEM IN INDONESIAN CONSTITUTIONAL PERSPECTIVE

2012 ◽  
Author(s):  
Zainal Arifin Hoesein
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Systems Approach ◽  
Human Reason ◽  
Moral Principles ◽  
The World ◽  
National Legal System ◽  
The Law ◽  
Law And Justice ◽  
Functional Purpose

Law is the accumulation of rational ideas in response to community development that was born based on the idea of universality and morality. The idea of universality provides a justification for the enactment of basic human freedoms and recognition of basic human rights in the life of the country. Similarly, the idea of morality is that moral principles are general and can be analyzed by human reason. The second idea is the essence of it is used as a basic idea about the nature of the formulation of law and justice as a legal the flow law functional purpose in looking at the law more focused on the facts of a field, social, cultural, political, and religion as factors that need to be a consideration in seeking legal solutions. Both streams are still evolving and are applied in various countries around the world. With regard to the transformation of Islamic law in national legal systems, it cannot be separated from these two streams of law that is through a systems approach and the approach to legislation. Keyword: Transformation of the law, politics of law, national legal system, System of national law

The Influences of Common Law on the Brazilian New Code of Civil Procedure

2018 ◽  
Vol 46 (3) ◽  
pp. 176-180
Author(s):  
Lucas Alves Edmundo Gomes
Keyword(s):  
Legal System ◽  
English Language ◽  
Islamic Law ◽  
Common Law ◽  
Civil Law ◽  
Civil Procedure ◽  
The Other ◽  
Legal Systems ◽  
Other Hand ◽  
The World

AbstractMost legal scholars assume that there are only two “families” of legal systems in the world: common law and civil law. Briefly, common law is applied in all countries that speak the English language and has its origination from the “habits of society.” On the other hand, civil law is applied just about everywhere else, with a few exceptions, such as in tribal law areas, jurisdictions that follow Islamic law, and a few other smaller legal systems. Brazil's New Code of Civil Procedure was promulgated in 2015 and brought innovations to Brazilian law. Elements of common law were incorporated into the Brazilian legal system, particularly that of using precedent. The application of common law elements in Brazilian law is being studied by various legal specialists. This present study explains how common law can be applied in civil law jurisdictions, similar to the way it is being adapted and applied in Brazil.

scholarly journals PENGEMBANGAN MANDATORI ZAKAT DALAM SISTEM ZAKAT DI INDONESIA

2021 ◽  
Vol 13 (1) ◽  
pp. 1
Author(s):  
Adang Budaya ◽  
Syamsuddin Ali Nasution
Keyword(s):  
Social Care ◽  
Islamic Law ◽  
Economic Sustainability ◽  
Muslim Country ◽  
Muslim Population ◽  
Management Procedures ◽  
The World ◽  
The Status ◽  
State Income ◽  
Islamic Identity

Indonesia is a country with the most Muslim population in the world. According to Global religius future, at the beginning of 2020, 87% of its citizens were Muslims or around 209.12 million people. This is very potential for the development of zakat in Indonesia. Because basically, muzakki will still be there every year or month so that economic sustainability will be maintained and sustainable. Zakat has three fundamental functions, namely to purify the soul, blessing fortune and as an expression of social care for others. Zakat is a mandatory command of God to Muslims stated in the Qur'an and the Hadith of the Prophet Muhammad. The pillars of Islam as the five foundations of Islamic identity, are the driving force in increasing piety. Coupled with the six pillars of faith as a basic manifestation of our faith in Allah Subhanahu Wa Ta'aalaa. However, what remains a problem is that Indonesia, with the status of the largest Muslim country in the world, has not been able to break the zakat into a source of state income as well as taxes. Zakat is still voluntary. While the 2011 Zakat Law No. 23 concerning the Management of Zakat only requires amil and its management procedures, which must follow the guidelines of Islamic law.Keywords : Zakat; Sharia; Islamic Law.

Part 3 Institutional Control of Constitutionalism, 3.4 A Different Approach to the Control of Constitutionalism: Iran’s Guardian Council

2012 ◽  
Author(s):  
Shirvani Foroud
Keyword(s):  
Legal System ◽  
Constitutional Law ◽  
Islamic Law ◽  
General Rule ◽  
Status Quo ◽  
Islamic State ◽  
Institutional Control ◽  
The Status ◽  
The Guardian

This chapter focuses on the role of the Guardian Council, an institution recognized as one of the main pillars of the Islamic government in Iran. Its religious-theoretical fundaments can be found in the doctrine of the Islamic state, the enforcement of the Islamic law, and the supervisory function of the clerical jurists. Under constitutional law, the task of the Guardian Council follows from the general rule in Art. 4 of the Iranian Constitution, which defines the Islamization of the legal system as a leading principle. In practice, the Council has often acted as an instance defending the status quo and has blocked the initiatives of a reform-minded parliament.

scholarly journals A CRITICAL EXAMINATION TOWARDS THE ISLAMIC DISCOURSE ON “LIMITED LIABILITY”

2020 ◽  
Vol 11 ◽  
pp. 1-36
Author(s):  
Siti Kholifatul Rizkiah ◽  
Fajri Matahati Muhammadin
Keyword(s):  
Global Economy ◽  
Research Method ◽  
Islamic Law ◽  
Limited Liability ◽  
Status Quo ◽  
Critical Examination ◽  
Legal Entity ◽  
The World ◽  
The Status ◽  
Core Issues

The concept of limited liability has been a very important component of the development of the global economy. However, while limited liability is currently a reality all over the world including in the Islamic nations, it is not without discourse among the Muslim jurists. The debate mainly revolves around two core issues. The first issue is the concern of some jurists that the only acknowledged legal entity in Islamic law are natural persons, and that legal persons (like limited liability corporations) are ‘fictitious’. The second issue is concerning how the owners of the limited liability companies have rights to residual profits of the company, but do not bear the liability towards the debt when insolvency occurs. Some jurists are concerned because the Shari‘ah dictates that paying debts is a very serious matter. Using a literature research method, this article will critically examine the debate between the jurists especially in the two issues mentioned earlier and determine which argument is stronger. It is found that, in the end, establishing a legal entity other than natural persons as well as barring company owners from debt liability are very hard to justify under the Shari‘ah. However, given the status-quo construct of global economics, not utilizing limited liabilities may cause devastating economic repercussions. Therefore, a new model of corporation might need to be researched and explored in order to suit the necessities of the economy as well as being consistent with the Shari‘ah.  

Nationality on Trial: International Private Law across the Mediterranean

2018 ◽  
Vol 73 (1) ◽  
pp. 81-113
Author(s):  
Jessica M. Marglin
Keyword(s):  
International Law ◽  
Legal System ◽  
Islamic Law ◽  
Legal Case ◽  
International Private Law ◽  
The Status ◽  
International Legal Order ◽  
History Of ◽  
International Legal System ◽  
History Of International Law

This article uses a single, transnational legal case that played out between Italy and Tunisia in the 1870s and 1880s to tell a truly global history of international law—that is, one that goes beyond the boundaries of the West. Samama v. Samama was a fabulously complicated case that dragged on in Italian courts for almost a decade. The crux of the legal arguments concerned the nationality of Nissim Samama, a Jew born in Tunis; Samama’s nationality, in turn, would determine which legal system regulated his estate. The Italian civil code enshrined respect for the national law of a foreigner, but such foreigners were presumed to be Western. A case involving the national law of Tunisia and the status of Jews called the very foundations of the international legal system into question. In putting Samama’s nationality on trial, the case opened up debate over fissures in the emerging theory of international law: How could non-Western states like Tunisia fit into an international legal order? How did Islamic law intersect with international law? What was the status of Jewish nationhood in a world increasingly based on exclusive nationalities? The Samama case offers access to the voices of European international lawyers debating the ambiguities of their field, as well as those of Maghrebis articulating their own vision of international law. The resulting arguments exposed tensions inherent to an international legal system uncomfortably balanced between universalism and Western particularism.

TINJAUAN HUKUM FIKIH TERHADAP HADIAH TABUNGAN DAN GIRO DARI BANK SYARI'AH

ALQALAM ◽  
2013 ◽  
Vol 30 (1) ◽  
pp. 1
Author(s):  
Muhammad Nadratuzzaman Hosen ◽  
Deden Misbahudin Muayyad
Keyword(s):  
Islamic Law ◽  
Islamic Banks ◽  
Islamic Bank ◽  
Literature Reviews ◽  
The Gift ◽  
The Status ◽  
The Law

This article explains about the Islamic law of gift from Bank to customers related to saving and gyro accounts of Islamic Bank. The Islamic Banks give gift directly  and  indirectly  to  new  ettstomers  and  old  customers  through drawing  (qur'ah) or lottery and non-drawing. There are disputes (ikhtilaf) among Islamic Law  Experts (Fuqaha’) about the status of law when Islamic Banks give the gift. Hanafi and  Syafi'i  Schools  of thought  opined  that  the gift  can  be given  to  the customers as long as there is no agreement between bank and costomers meanwhile the banks still have a debt to consumers, this is permissible. Maliki and Hanbali schools opined that the gift is not permissible during the time of borrowing and lending. Majority Islamic Exsperts allow to give gift after banks have already paid­ back the debt to consumers as long as there is no agreement between bank and cusiomers, but Maliki School do not allow lo give gift at that condition. Also, for giving gift should free from gambling or elements of gambling (muqamarah).  The method of this article is using literature reviews from classical Islamic Law's books and contemporary Islamic law's books related to drawing or lottery and gambling, meanwhile the aims if this mticle are to investigate the law status if gift from bank to new customers and old customers with direct and indirect ways.   Keywords : gift, saving and gyro accounts, disputes, drawing and elements of gambling

Contemporary Qur'anic Studies in Iran and its Relationship with Qur'anic Studies in the West

2012 ◽  
Vol 14 (1) ◽  
pp. 45-72
Author(s):  
Morteza Karimi-Nia
Keyword(s):  
Islamic Law ◽  
Human Sciences ◽  
The West ◽  
Communications Technologies ◽  
Religious Learning ◽  
The Status ◽  
Islamic Republic Of Iran ◽  
Almost All ◽  
The Impact ◽  
The Relationship

The status of tafsīr and Qur'anic studies in the Islamic Republic of Iran has changed significantly during recent decades. The essay provides an overview of the state of Qur'anic studies in Iran today, aiming to examine the extent of the impact of studies by Western scholars on Iranian academic circles during the last three decades and the relationship between them. As in most Islamic countries, the major bulk of academic activity in Iran in this field used to be undertaken by the traditional ʿulamāʾ; however, since the beginning of the twentieth century and the establishment of universities and other academic institutions in the Islamic world, there has been increasing diversity and development. After the Islamic Revolution, many gradual changes in the structure and approach of centres of religious learning and universities have occurred. Contemporary advancements in modern sciences and communications technologies have gradually brought the institutions engaged in the study of human sciences to confront the new context. As a result, the traditional Shīʿī centres of learning, which until 50 years ago devoted themselves exclusively to the study of Islamic law and jurisprudence, today pay attention to the teaching of foreign languages, Qur'anic sciences and exegesis, including Western studies about the Qur'an, to a certain extent, and recognise the importance of almost all of the human sciences of the West.

Menakar Urgensi dan Masa Depan Legislasi Fiqih Produk Halal di Indonesia

2020 ◽  
Vol 14 (2) ◽  
pp. 177-190
Author(s):  
Siti Rohmah ◽  
Ilham Tohari ◽  
Moh. Anas Kholish
Keyword(s):  
Islamic Law ◽  
World Market ◽  
Legal Certainty ◽  
Muslim Countries ◽  
The World ◽  
Constitutional Protections

This article aims to identify and analyze the urgency and future of fiqh legislation for halal products in Indonesia. In addition, this article also aims to identify and analyze whether Law no. 33 of 2014 concerning the Guarantee of Halal Products is the result of authoritarianism in the name of Islamic law in Indonesia or is a constitutional guarantee for the majority of Muslims. The conclusion of this study shows that the effort to enact the jurisprudence of halal products through the Halal Product Guarantee Law is a constitutional necessity for Indonesian citizens who are predominantly Muslim. The regulation of halal certification in the Halal Product Guarantee Law is a form of legal certainty and constitutional protections for the majority of Muslims as consumers in Indonesia. In addition, the existence of the Halal Product Guarantee Law is also considered to provide benefits economically, socially, and healthily, which applies universally regardless of religion. Even the accusation that the Halal Product Guarantee Law is a product of authoritarianism that harms non-Muslims cannot be justified. Because the producers of food and medicine that are widely circulating in supermarkets and mini-markets in Indonesia are actually non-Muslim owners. Even with this halal certification, their products can enter the world market, especially in Muslim countries.

Hukum Denda dalam Keuangan Publik Islam di Indonesia

2018 ◽  
Vol 12 (2) ◽  
pp. 313-328
Author(s):  
Fathul Aminudin Aziz
Keyword(s):  
Islamic Law ◽  
The State ◽  
Mutual Benefit ◽  
State Budget ◽  
The People ◽  
The Status ◽  
The Government

Fines are sanctions or punishments that are applied in the form of the obligation to pay a sum of money imposed on the denial of a number of agreements previously agreed upon. There is debate over the status of fines in Islamic law. Some argue that fines may not be used, and some argue that they may be used. In the context of fines for delays in payment of taxes, in fiqh law it can be analogous to ta'zir bi al-tamlīk (punishment for ownership). This can be justified if the tax obligations have met the requirements. Whereas according to Islamic teachings, fines can be categorized as acts in order to obey government orders as taught in the hadith, and in order to contribute to the realization of mutual benefit in the life of the state. As for the amount of the fine, the government cannot arbitrarily determine fines that are too large to burden the people. Penalties are applied as a message of reprimand and as a means to cover the lack of the state budget.

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