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.

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 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 Islamic Family Law in a Changing World: A Global Resource Book

1970 ◽  
pp. 80-84
Author(s):  
Cassandra Balchin
Keyword(s):  
Family Law ◽  
Muslim Countries ◽  
Islamic Family Law ◽  
Muslim Communities ◽  
Changing World

By Abdullahi A. An-Na'im, ed. London: Zed Books, 2002As the quintessential identity battleground, family law in Muslim countries and communities is one of the hottest political and developmental topics. Those situated within these contexts constantly find themselves struggling for progressive or (more often than not) against regressive reform, while for those with the outsider's gaze, 'understanding' Muslim communities is currently a major preoccupation.

scholarly journals AN APPRAISAL OF THE APPLICATION OF FIQH AL-HANAFI UNDER ISLAMIC FAMILY LAW (FEDERAL TERRITORIES) ACT 1984

2019 ◽  
Vol 27 (2) ◽  
pp. 317-336
Author(s):  
Azizah binti Mohd
Keyword(s):  
Qualitative Method ◽  
Islamic Law ◽  
Family Law ◽  
The State ◽  
Muslim Country ◽  
Kuala Lumpur ◽  
Library Research ◽  
Identification Card ◽  
Islamic Family Law

Malaysia is a Muslim country consisting of thirteen States and Federal Territories (Kuala Lumpur, Labuan and Putrajaya). In principal, the official madhhab that is practised  in Malaysia is Shafi’i Madhhab and this becomes common to all Malaysians even though it is not officially registered in the identification card of a Malaysian. Accordingly, in many religious affairs and practices, the society is based upon the principles or fiqh al-Shafi’i. Nevertheless, views of other Sunni madhhab is freely practiced by all Malaysians. Furthermore, the codification on Islamic law in the State Enactments in all States in Malaysia is based upon four Sunni schools of law. It follows that the Islamic law in Malaysia is not purely based on the Shafi’i madhhab and in many occasions adopted the view of Hanafi school depending on the adaptability of the opinion to the society. This article deals with the application of fiqh al-Hanafi under the Islamic Family Law (Federal Territories) Act 1984. Analysis will extend to the practices in the Malaysian Syariah Court when dealing with cases involving Muslims and the most appropriate view of the madhhab that is to be adopted by the Syariah Court in order to solve a particular issue. The study employs the qualitative method of study where it only involves library research. It is believed that this research will be beneficial to all who seek knowledge and useful to all researchers, academicians, legal practitioners, students and scholars.

scholarly journals Reformasi hukum keluarga di dunia Muslim

2014 ◽  
Vol 14 (1) ◽  
pp. 1
Author(s):  
Ahmad Bunyan Wahib
Keyword(s):  
Twentieth Century ◽  
Islamic Law ◽  
Family Law ◽  
Social Economy ◽  
Muslim World ◽  
Law Reform ◽  
The Reformation ◽  
Islamic Family Law ◽  
Politics And Law

This article discusses about the history and the development of family law reform in Muslim countries.This work has taken a lot benefits from Anderson’s works on Islamic law in the Muslim world for bothdata and perspective. Islamic family law reform started from the second decade of twentieth century(1915) with the issuance of two Ottoman Caliph decrees on wife rights to ask religious court to divorcethem from their husband. This reform was followed by Sudan (starting from 1916), Egypt (1920),Jordan (1951), Syria (1953), Tunisia (1956/1959), Morocco (1958), Iraq (1959), Pakistan (1961) and Iran(1967). The reformation aims to administrate the members of community in the filed of social,economy, politics, and law. From the perspective of modernization, Islamic family law reform inMuslim countries has shown the process of modernization from above.

scholarly journals Adult Age in Marriage in Indonesia (Theoretical Study of the Application of the Lex Posterior Derogat Legi Priori Principle)

2021 ◽  
Vol 21 (2) ◽  
pp. 213
Author(s):  
Taufik Hidayat Simatupang
Keyword(s):  
Research Method ◽  
Theoretical Study ◽  
Family Law ◽  
Legal Protection ◽  
Community Culture ◽  
Adult Age ◽  
Economic Problems ◽  
History Of ◽  
Age Limit ◽  
Islamic Family Law

The problems to be answered in this research are, first, how is the regulation of Islamic family law and marriage in Indonesia, second, how is underage marriage and legal protection for children, third is how to apply the lex posterior derogat legi priori principle in determining the adult age for marriage. The research method used is normative juridical research with a statute approach which was analyzed using statutory principles. The results of the research concluded that Islamic family law cannot be separated from the history of the legal system in Indonesia from the time of Dutch colonialism to the present which involved three parties, namely the interests of religion, the state and women. Underage marriage is influenced by economic problems, parental coercion and community culture. Based on the lex posterior legi priori principle, the age limit of a child must be seen in the context of what the maturity measure is to be used. If the maturity is for a marriage, then the adult age limit is 19 years, for both women and men. Although in the future it is suggested that further research is needed regarding the financial maturity of men who are married at the age of 19.

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 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.

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.

scholarly journals Poligami dan Sanksinya Menurut Perundang-undangan Negara-negara Modern.

2016 ◽  
Vol 16 (1) ◽  
Author(s):  
Muhibbuthabry Muhibbuthabry
Keyword(s):  
Legal Status ◽  
Family Law ◽  
Law Reform ◽  
Muslim Countries ◽  
Islamic Family Law ◽  
Almost All

One of the interesting themes of Islamic family law reform is the legal status of polygamy. Almost all Muslim countries make efforts to narrow the space for the practice of polygamy by providing sanctions for the doers, including Tunisia, Pakistan, Egypt, Syria, Malaysia, and Indonesia. This article tries to discuss and analyze this case by making a comparison between the laws of family law in some countries—such as Tunisia, Pakistan, Egypt, Syria, Malaysia, and Indonesia—and the concept of classical fiqh. The study shows that even though each of these countries has the same spirit of renewal, they practice different reform issues related to polygamy. It can be clearly seen in the diversity of forms of sanctions for the doers of polygamy.DOI: 10.15408/ajis.v16i1.2891

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