scholarly journals Understanding Civil Law in The Context of Contemporary Islam in Indonesia

2021 ◽  
Vol 4 (2) ◽  
pp. 388-303
Author(s):  
Karman Karman
Keyword(s):  
Qualitative Method ◽  
Family Law ◽  
Civil Law ◽  
Secondary Data ◽  
Assessment Methods ◽  
Human Relations ◽  
Inheritance Law ◽  
The Individual ◽  
Islamic View ◽  
Legal Consequences

This article aims to better understand civil law in the context of modern Islam in Indonesia by reviewing several publications that address civil law in the context of Islam from an Islamic standpoint. This article was conducted using a qualitative method. Then, utilizing coding and assessment methods, we examined the data to understand the primary issue fully. Because the research was performed during a pandemic, government restrictions limited public mobility; we relied on secondary data. Finding civil law in an Islamic context, marriage law in an Islamic context that emphasizes an Islamic view following the state's view, how is the evidence for studying civil law in an Islamic context; including the primary law of the individual section, civil family law, and inheritance law in an Islamic context are among the highlights of our findings. We can conclude that Islamic civil law encompasses Munakahat (all aspects of marriage, divorce, and their legal consequences); Wiratsat (all aspects of heirs, heirs, inheritance, and inheritance distribution); and Mu'amalah (all aspects of material things and rights to objects, as well as human relations).

scholarly journals HAK DAN KEDUDUKAN CUCU SEBAGAI AHLI WARIS PENGGANTI DALAM SISTEM PEMBAGIAN WARIS DITINJAU DARI HUKUM WARIS ISLAM DAN KOMPILASI HUKUM ISLAM

2019 ◽  
Vol 19 (1) ◽  
pp. 68
Author(s):  
HAZAR KUSMAYANTI ◽  
Lisa Krisnayanti
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Human Life ◽  
Civil Law ◽  
Legal Protection ◽  
Human Being ◽  
Inheritance Law ◽  
Legal Consequences

Inheritance law is a part of civil law and is part of family law in particular. Inheritance law is closely related to human life, because every human being will experience a legal event, namely death. These legal events will cause legal consequences regarding the continuation of the rights and obligations of a person who has died and also in relation to his family or other people who have rights to their property. The purpose of this research is to know and understand the rights and position of grandchildren in the system of replacing the heirs in Islamic Inheritance Law and Compilation of Islamic Law and to know and understand the legal protection of grandchildren as heirs in the Islamic Inheritance Law and Compilation of Islamic Law. Based on the research, it can be concluded that the position of grandchild as a substitute heir in Islamic inheritance law is not listed in the Al-Quran and Hadith, only recognized through the Ijtihad conducted by the scholars. But in the Islamic Law Compilation the existence of grandchildren is recognized as a substitute for the parents who have died beforehand from the heirs and legal protection against grandchildren as successor heirs through the Compilation of Islamic Law which gives recognition of the position of substitute heirs through confirmation of the existence of heirs substitutes get full legalization where the provisions are not contained in the classic Islamic inheritance law. In addition, most Religious Judges in considering their decisions in terms of inheritance also see the arrangements contained in the Compilation of Islamic Law as a guide.

Cohabitation in the Slovak Republic: Myth or Reality?

2021 ◽  
Author(s):  
Lilla Garayová
Keyword(s):  
Legal Status ◽  
Family Law ◽  
Slovak Republic ◽  
Civil Law ◽  
Legal Framework ◽  
Legal Order ◽  
Marriage And Family ◽  
Central European ◽  
Traditional Marriage ◽  
Legal Consequences

The following article deals with the issue of cohabitation in the Slovak Republic. An institute, that while does not formally exist in Slovak legal order, still has certain legal consequences. Slovak family law is facing a comprehensive transformation, so it is expected, that many of the issues outlined in the submitted article will be properly dealt with in the expected recodification of Slovak civil law, that will include family law as well. As far as the current legal framework however, it leaves much to be desired. There is no legal institute which would be an alternative to traditional marriage, nor an institute which would comprehensively cover the legal status, rights and duties of cohabitants. This is due to the traditional nature of Slovak family law, the way the institute of marriage and family are dealt with in our legal order. While a comprehensive legal framework of cohabitation is missing, it cannot be said that the Slovak legislation ignores cohabitation – there are many legal consequences in various fields of law that relate to the rights of cohabitants. The article highlights the gaps in these areas as well as potential opportunities for future legislation. The research was carried out within the framework of the Central European Professors’ Network coordinated by the Ferenc Mádl Institute of Comparative Law.

scholarly journals Time of Opening of Inheritance According to the Legislation of Ukraine

2020 ◽  
pp. 89-96
Author(s):  
Denys FEDOSEIEV
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Inheritance Law ◽  
Legal Personality ◽  
Legal Literature ◽  
Relevant Field ◽  
The Relationship ◽  
Legal Consequences

The article explores time of opening of inheritance under the legislation of Ukraine. The legislation of the category “opening of inheritance” enshrined in the Civil Code of Ukraine is established. The definitions of the concept of «opening of inheritance» available in the legal literature are analyzed and the most substantiated and that corresponds to the legal reality among all analyzed definitions of the category «opening of inheritance» is established. Emphasis is placed on the fact that a significant number of definitions of the concept of «opening of inheritance» is identified with the onset of certain legal facts, and not always taken into account all the necessary circumstances. It is emphasized that for the opening of the inheritance it is also important to have a rule of civil law, which regulates the issue and civil legal personality of the participants in the inheritance. It is noted that the time of heritage opening is an integral part of the concept of «opening of inheritance». The normative and scientific definitions of the concept of «time of heritage opening» are clarified. The analysis is carried out and it is emphasized that some statements are incorrect in the context of understanding the time of heritage opening, in particular, regarding the identification of understandings of the concepts «time of heritage opening», «opening of inheritance», «death of the testator». The own approach to understanding of a category «time of heritage opening» is offered. Circumstances that are directly related to the time of the opening of the inheritance and for which the time of the opening of the inheritance has legal consequences have been established. Attention is drawn to the fact that the time of the opening of the inheritance is in direct interdependence and interaction with such categories of civil law as «term», «term», and «moment». The relationship between the concepts of «term», «term», and «moment» is analyzed. It is proved that with the time of the opening of the inheritance, the terms that have a direct significance for the inheritance process begin. The list of terms in the inheritance law which begin from the date of death of the person (testator) or the announcement of its deceased is defined. The legal significance of the opening of inheritance and the time of heritage opening for inheritance law and inheritance, as well as the need for further research in the relevant field are substantiated.

scholarly journals Pemikiran Tentang Hukum Keperdataan Islam Dalam Dimensi Filsafat Ilmu

2019 ◽  
Vol 3 (1) ◽  
pp. 117
Author(s):  
Abu Tamrin
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Civil Law ◽  
Human Relations ◽  
The Relationship ◽  
Legal Marriage ◽  
Husband And Wife

AbstractBroadly speaking, Islamic law regulates two things, namely regulating human relations with Allah in the form of worship, and regulating the relationship between one person and another, in the form of family law such as regulating relationships in household life with legal marriage and Islamic civil law. . There are characteristic differences between sharia and fiqh. Family Law Discussion, among others; Munakahat (marriage), the principles of marriage in Law Number 1 of 1974 concerning the Principles of Marriage, the principle of marriage in the Qur'an, the validity of marriage, the terms and conditions of marriage, the rights and obligations of husband and wife. Besides that, it discusses faraid (inheritance); Definition, inheritance, inheritance principles in Islam. Discussion on Islamic Civil Law: understanding of assets, assets according to experts, elements of assets, benefits of assets, transactions in Islamic Civil Law: buying and selling transactions, rent and wages (ijarah), cooperation (syirkah). The discussion of the paper concludes with a conclusion which is the answer to the formulation of the problem.Keywords: Family Law, Civilization, Alquran Abstrak Secara garis besar Hukum Islam mengatur dua hal, yaitu mengatur hubungan manusia dengan Allah Swt berupa ibadah, dan mengatur hubungan antara seseorang yang satu dengan seseorang yang lain, berupa hukum keluarga seperti pengaturan hubungan dalam hidup rumah tangga dengan perkawinan yang sah dan hukum keperdataan Islam. Ada perbedaan karakteristik antara syariah dan fiqh. Pembahasan Hukum Keluarga antara lain; Munakahat (perkawinan), prinsip-prinsip perkawinan dalam Undang-Undang Nomor 1 Tahun 1974 Tentang Pokok-pokok Perkawinan, asas perkawinan dalam Alquran, sahnya perkawinan, syarat dan rukum perkawinan, hak dan kewajiban bagi suami isteri. Disamping itu membahas faraid (kewarisan); Pengertian, kewarisan, asas-asas kewarisan dalam Islam. Pembahasan Hukum Keperdataan Islam: pengertian harta, harta menurut ahli, unsur-unsur harta, manfaat harta, transaksi dalam Hukum Keperdataan Islam: transaksi jual beli, sewa menyewa dan upah (ijarah), kerja sama (syirkah). Pembahasan makalah diakhiri dengan kesimpulan yang merupakan jawaban dari perumusan masalah.Kata kunci: Hukum Keluarga, Keperdataan, Alquran

Взгляды профессора Е. В. Васьковского на систему российского гражданского права и современность

2017 ◽  
Vol 70 (0) ◽  
pp. 0-0
Author(s):  
Andriej Szerstobitow
Keyword(s):  
Family Law ◽  
Civil Law ◽  
Legal Regulation ◽  
Property Law ◽  
Commercial Law ◽  
Inheritance Law ◽  
Law System ◽  
Special Part ◽  
General Part ◽  
Civil Law System

The article is devoted to the views of Professor E. V. Vaskovsky on the system of Russian civil law of the late XIX beginning of XX centuries. Giving a presentation on the civil law system E. V. Vaskovsky, first of all, emphasizes the feasibility of isolation in a special section of the general part. The most important parts of civil law system, he believes property law, law of obligations, family law and inheritance law, constitute a special part of civil law. Author composed of sections, which are section of the special part of civil law, including the rights materialized, embodies the bearer. Summing up the views of E. V. Vaskovsky on the system of civil law, it should be noted that along with the traditional inclusion of family law, the novella is extremely large character that took place in the end of XIX century in the field of legal regulation of intellectual creativity, and found in it reflected. Further, the article presents a generalized analysis of the current system of the Russian civil law. The concept of the civil law system, all also based on the division into the general and special part. Now, however, in the civil law system is allocated a number of subbrunches. Selecting subbrunches of the modern civil law associates with the isolation of each of them with their own general part. Currently, the structure of the special part of civil law includes the following subbrunches: corporate law; property law; inheritance law; law of obligations; the law of “intellectual property”; commercial law. Historical experience has shown that the “materialized rights” that E. V. Vaskovsky also singled out in the structure of the special part of civil law did not subbrunch of the modern Russian civil law, as the rapid development of the stock exchange trade resulted in the so-called “dematerialization” of securities, which is the main instrument of the stock market. Currently, the data set of rules should be considered as one of the most important institutions of commercial law as a subbrunch of modern civil law.

Comment Conversion and the Conflict of Laws in Respect of Spouse Rights to Inheritance in Malaysia

2012 ◽  
Vol 7 (1) ◽  
pp. 1-9
Author(s):  
Zuliza Mohd Kusrin ◽  
Mohd Zamro Muda ◽  
Hayatullah Laluddin ◽  
Abdul Basir Mohammad
Keyword(s):  
Conflict Of Interest ◽  
Family Law ◽  
Conflicts Of Interest ◽  
Civil Law ◽  
Legal Systems ◽  
Conflict Of Laws ◽  
Civil Marriage ◽  
Civil Court ◽  
Personal Status ◽  
Legal Consequences

Abstract Conversion of either of non-Muslim spouses to Islam has far-reaching legal consequences in matters of the law of personal status in the Malaysian context. This is due to the existence of two different legal systems governing family matters or matters of personal status. Muslims citizens are governed by Islamic family law, whilst non-Muslim citizens are governed by civil law. The existence of dual legal systems, in the case of conversion of either spouse of any civil marriage, leads to a conflict of interest between both parties, for the marriage has to be dissolved according to civil law and the divorce petition has to be applied by the non-Muslim spouse in the civil court. This article attempts to analyze the conflict of laws caused by such conflicts of interest on matters related to the claims of property after the death of either spouse or their conversion. This article focuses mainly on the issues of inheritance and jointly acquired properties.

scholarly journals STUDY REGARDING THE LEGAL OR JUDICIAL REHABILITATION OF PERSONS ENGAGED IN ECONOMIC ACTIVITIES

2018 ◽  
Vol 18 (1) ◽  
pp. 207-213
Author(s):  
Amelia MIHAELA DIACONESCU
Keyword(s):  
Constitutional Law ◽  
Family Law ◽  
Civil Law ◽  
Labor Law ◽  
Administrative Law ◽  
Economic Activities ◽  
Commercial Law ◽  
Criminal Conviction ◽  
Legal Consequences

The consequences derived from any sentence pronounced for a crime committed by a major person, pertains to the constitutional law, administrative law, civil law, family law labor law or commercial law and consist in legal effects of criminal or extra-criminal nature, perpetual or long term ones which result from the fact of the criminal conviction itself and put the convict in a disadvantageous situation.Having a legal tool character by which the legal consequences resulting from a conviction cease or, in a larger sense, a legal tool character by which the ex-convicts are legally reintegrated in the society, its effects consist in the same. 

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 Kedudukan Anak Angkat Terhadap Bagian Waris Menurut Ketentuan Hukum Di Indonesia

2019 ◽  
Vol 10 (2) ◽  
pp. 225-246
Author(s):  
R. Arif Muljohadi
Keyword(s):  
Family Relationships ◽  
Islamic Law ◽  
Common Law ◽  
Civil Law ◽  
Married Couples ◽  
Customary Law ◽  
Adopted Children ◽  
Legal Systems ◽  
Inheritance Law ◽  
Legal Consequences

One of the main goals of marriage is to connect offspring. But not all married couples can have children. The absence of children can be one of the triggers of disharmony in household relations. So as to maintain its integrity, husband and wife adopt children. In adoption, children will certainly have legal consequences. Moreover in Indonesian law, adoption is carried out according to Islamic law, Common law (the customary law referred to is Central Javanese Common law), and Civil law. Where the three legal systems will of course cause different legal consequences. The legal consequences are related to the position of adopted children which includes family relationships, guardianship relationships, inheritance relationships, and other relationships. Regarding inheritance relations, in Indonesia there is still pluralism including Islamic inheritance law, Customary inheritance law and inheritance law in the Civil Code. So with the variety of applicable inheritance law, also contributed to differences in the inheritance portion obtained by adopted children.

MANAJEMEN PENGAWASAN PERATURAN DAERAH DILAHAT DARI PERUNDANGAN-UNDANGAN

2017 ◽  
Vol 5 (3) ◽  
Author(s):  
Dr. Hotma Napitupulu, MM.
Keyword(s):  
Secondary Data ◽  
Empirical Method ◽  
Conceptual Approach ◽  
Regulatory Oversight ◽  
Secondary Data Source ◽  
Approach Method ◽  
Data Source ◽  
The Law ◽  
Harmonization Of Law ◽  
Legal Consequences

Management of regulatory oversight under the law, analyze the legal consequences with its use as a system of legal oversight mechanisms in order to create harmonization of law in the region. As for the method used in research by using empirical method that is by conceptual approach method with primary and secondary data source. As for the method used in research by using empirical method that is by conceptual approach method with primary and secondary data source.

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