scholarly journals STUDI PEMIKIRAN PROF. YUSRIL IHZA MAHENDRA TENTANG TRANSFORMASI SYARI’AT ISLAM KE DALAM HUKUM NASIONAL

2021 ◽  
Vol 10 (2) ◽  
pp. 134
Author(s):  
Mohammad Masduki
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Political Process ◽  
Customary Law ◽  
Anglo Saxon ◽  
Muslim Population ◽  
The Government ◽  
Draft Regulation ◽  
Legitimate State ◽  
The Right

 Indonesia adalah negara dengan penduduk mayoritas beragama Islam. Menurut perhitungan statistik yang dikeluarkan pemerintah pada tahun 2010, sebanyak 87,18 persen penduduk Indonesia adalah muslim. Sistem hukum yang berlaku di Indonesia adalah sistem hukum campuran (Mix Legal System), yakni hukum Eropa Kontinental, hukum adat, hukum Islam, dan bahkan Anglo Saxon. Yusril Ihza Mahendra merupakan salah satu tokoh nasional dan pakar hukum tata negara yang tertarik dalam persoalan transformasi Syari’at Islam ke dalam Hukum Nasional. Tujuan dari penelitian ini yaitu untuk menganalisis pemikiran Yusril Ihza Mahendra tentang Transformasi Syari’at Islam ke dalam Hukum Nasional. Penelitian ini menggunakan jenis penelitian hukum normatif. Sehingga metode pengambilan bahan hukum menggunakan metode kepustakaan dan wawancara langsung. Yusril Ihza Mahendra mengatakan transformasi Syari’at Islam ke dalam Hukum Nasional sangat relevan untuk dilaksanakan di Indonesia, mengingat Indonesia adalah negara yang mayoritas berpenduduk muslim. Suatu undang-undang akan berjalan dengan baik dan efektif apabila substansinya sesuai dengan keyakinan masyarakat itu sendiri, dimana hukum Islam adalah hukum yang hidup di tengah-tengah masyarakat Indonesia. Transformasi syariat Islam ke dalam hukum nasional memerlukan proses perubahan bentuk (transformasi) dan perumusan (formulasi) kaidah-kaidah hukum Islam yang bersumber dari ayat-ayat Quran dan Hadis hukum (syariat Islam) ke dalam hukum nasional melalui pembentukan peraturan perundang-undangan (proses legislasi). Untuk itu diperlukan institusi-institusi kekuasaan negara atau daulah yang sah yang berfungsi untuk menegakkan norma hukum nasional agar dipatuhi dan dijalankan oleh publik. Proses pembentukan peraturan perundang-undangan yang (sebagian) bersumber dari syariat Islam merupakan sebuah proses politik. Hal ini memerlukan kesadaran dengan menumbuhkan jiwa Islami kepada para penguasa, karena mereka yang punya hak dalam perancangan dan pengesahan suatu peraturan perundang-undangan.Kata kunci: Transformasi, Syari’at Islam, Hukum Nasional  Indonesia is a country with a majority Muslim population. Statistical calculations released by the government shows that that 87.18 percent of Indonesia's population is Muslim. However, the current applicable legal system is the Continental European legal system, the Anglo Saxon legal system and a small part of customary law and Islamic law. Yusril Ihza Mahendra is one of the national figures and experts in constitutional law who is interested in the issue of the transformation of Islamic Shari’ah into National Law. This study aims to analyze Yusril Ihza Mahendra's thoughts on the Transformation of Islamic Shari'ah into National Law. The type of this research is normative legal research. So that the taking of legal materials using the library method  is reinforced by direct interviews. Yusril Ihza Mahendra said that the transformation of Islamic Shari’ah into national law was very relevant to implement, considering that Indonesia is a country with a majority Muslim population. Legislative drafting that is in line with the community's beliefs will likely work, whereas Islamic law is the living law in Indonesian society. However various formulation processes are required. That is by formulating the principles of Islamic law and then pouring it into a form that can be implemented in reality. In addition, it is necessary to have institutions of power called legitimate state to impose a legal norm so that it is carried out and obeyed by the public. Furthermore, the process of legislative drafting is the political process. This process requires awareness by cultivating an Islamic spirit of the rulers because they have the right to draft regulation or legislation.Keywords: Transformation, Islamic Shari'ah, National Law

scholarly journals The Position of Women's Heritage Rights in the Context of Islamic Heritage in Indigenous Mandailing in Sipirok District, Tapanuli Selatan Regency

2020 ◽  
Vol 3 (1) ◽  
pp. 531-539
Author(s):  
Muhammad Yusuf Siregar ◽  
Risdalina Risdalina ◽  
Sriono Sriono
Keyword(s):  
Islamic Law ◽  
Legal Aspects ◽  
Customary Law ◽  
Legal Basis ◽  
Inheritance Law ◽  
The Republic ◽  
The Right ◽  
To Receive ◽  
Inheritance Laws

This study aims to analyze the legal aspects of the Position of Inheritance Rights of Girls in the Context of Islamic Inheritance in Indigenous Mandailing in Sipirok District, South Tapanuli Regency. This research is empirical normative namely research by looking at existing conditions in the field by linking the source of Islamic Law and the legal source of Regulations in force in the Republic of Indonesia. The benefits to be received from the results of this study are to determine the Position of Inheritance of Girls in the Context of Islamic Law and Regulations in Indonesia and the Position of Inheritance of Girls in the Context of Islamic Inheritance in Mandailing Customs in Sipirok District, South Tapanuli Regency, the results of the study stated that In Islamic Inheritance Law strongly recognizes the position of the daughter in receiving inheritance with a strong legal basis in accordance with the al-Qur’an. In Islamic Inheritance Laws, a daughter has a position as Nasabiyah's heir so that she has the right to receive inheritance. In the Mandailing customary inheritance law in Sipirok Mandailing Natal, the position of a daughter is considered as an heir when a male heir is found, but if the girl is a mere woman, the woman is not entitled to inheritance from her parents. The distribution of inheritance in the Mandailing Inheritance law in Sipirok Mandailing Natal uses local customary law, as a basis for the distribution of inheritance which is still being realized in the Community.

scholarly journals URGENSI KOMPILASI HUKUM ISLAM (KHI) DAN METODE IJTIHAD DALAM MENGHADAPI PERKEMBANGAN HUKUM ISLAM DI INDONESIA

Asy-Syari ah ◽  
2014 ◽  
Vol 17 (1) ◽  
Author(s):  
Rachmat Syafe’i
Keyword(s):  
Legal System ◽  
Political Action ◽  
Islamic Law ◽  
Marriage Law ◽  
Muslim Population ◽  
Legal Norms ◽  
Presidential Decree ◽  
Clear Conception

The tradition of Islamic law in Indonesia's Muslim population can not be separated from values, legal norms, and legal products. Therefore, the position of ijtihad is one of the important instruments in Islam. In this context, a mujtahid in general perform several steps in formulating Islamic rules from the sources, that are the Quran and Hadith. The position of Islamic law in the legal system in Indonesia is increasingly gaining recognition juridically. One of that is  enactment of the Marriage Law Num­ber 1 Year 1974 and Presidential Decree Number 1 Year 1991 on the Compilation of Isla­mic Law. Thus the actualization of Islamic law must be carried out systematically by con­crete actions. Actualization of Islamic law is not enough, it will even harm if done only for political action which campaign demanding the implementation of Shari'a. One of the problems encountered in attempts to actualize Islamic law is the absence of a clear conception of the legal matter that must be actualized in national law, both of which apply specifically to Muslims and generally applicable.

scholarly journals PERLINDUNGAN HAK WARGA NEGARA ATAS LINGKUNGAN HIDUP YANG SEHAT DIKAITKAN DENGAN MANFAAT PENERIMAAN NEGARA DARI PRODUKSI ROKOK

2018 ◽  
Vol 1 (1) ◽  
pp. 1328
Author(s):  
Billy Samuel ◽  
Rasji .
Keyword(s):  
Legal System ◽  
Research Method ◽  
Good Health ◽  
Legal Culture ◽  
Public Confidence ◽  
Healthy Environment ◽  
Health Services Need ◽  
The Republic ◽  
The Government ◽  
The Right

Cigarettes is a culture that has existed since time immemorial and has come down to the heir of the nation to this day, cigarettes which initially is a habit that is done to fill the vacuum of time, has now turned into something that makes people dependence on cigarettes. Therefore based on the 1945 Constitution of the State of the Republic of Indonesia in Article 28H paragraph (1) states that the right of citizens to obtain a good and healthy environment, and get good health services, need to be regulated further about health, especially the imposition cigarette. Now cigarettes that use tobacco which is one of addictive substances, has been regulated further by Law Number 36 Year 2009 About Health which is one of the realization of the ideals of the Constitution Article 28H Paragraph (1). However, control isn’t enough, in fact the government only carries the imposition of excise products that containing addictive substances. The research method used is normative legal research method that comes from primary, secondary, and supported by interview with related experts, which is analyzed deductively. In addition, the theory of the legal system not only refers to the substance of the law but also supported the legal culture that is more directed to the attitude of society, public confidence, values adopted by society and their ideas or expectations that determine how the legal system to obtain a place that is appropriate and acceptable to citizens within the framework of better society culture for Indonesia.

African Conference on Local Courts and Customary Law

1963 ◽  
Vol 1 (4) ◽  
pp. 537-539 ◽  
Author(s):  
Jacob O. Ibik
Keyword(s):  
Sierra Leone ◽  
Islamic Law ◽  
Common Law ◽  
Dar Es Salaam ◽  
Secretary General ◽  
Customary Law ◽  
African Countries ◽  
Local Courts ◽  
The Government ◽  
The University

This conference was sponsored jointly by the Government of Tanganyika and the University College, Dar es Salaam, and was financed by the Ford Foundation. It was attended by delegates from African countries, some of whose legal systems have been influenced by common law, some by European civil law or Islamic law. Official representatives came from Ethiopia, Ghana, the Ivory, Coast, Nigeria, Northern Rhodesia, Nyasaland, Sierra Leone, the Sudan, Uganda, Kenya, Tanganyika, and Zanzibar. Some celebrated authorities on Islamic law and African customary law attended as observers, and contributed a great deal to the discussions. The chairman of the conference was the Tanganyikan Minister of Justice, Sheik Amri Abedi, and the secretary general was Mr P. J. Nkambo Mugerwa of the local Faculty of Law.

scholarly journals Legal Pluralism within The Space of Sharia: Interlegality of Criminal Law Traditions in Aceh, Indonesia

2021 ◽  
Vol 5 (1) ◽  
pp. 426
Author(s):  
Dedy Sumardi ◽  
Ratno Lukito ◽  
Moch Nur Ichwan
Keyword(s):  
Civil Rights ◽  
Criminal Law ◽  
Legal System ◽  
Islamic Law ◽  
Customary Law ◽  
Legal Tradition ◽  
Legal Traditions ◽  
National Legal System ◽  
Psychological Pressure ◽  
Women And Children

This article aims to analyze various legal traditions working within the implementation of Islamic law after special autonomy in Aceh. Although Aceh's legal system follows the national legal system derived from civil law, diverse legal traditions still exist. The scope of this study is limited to the interaction of Aceh's legal traditions by taking the construction of juvenile and immoral criminal law and describing the social authorities who also operate the legal tradition to the parties in the case. This study presents the results using a case study model. Data obtained from interviews and documentation, analyzed using an interlegality approach. Based on the results of data analysis, it was found that the dialectic of legal traditions is determined by the role of actors acting as companions for victims to ensure that the rights of victims are not neglected. The traditions of Islamic law, customary law, and laws for protecting women and children are used interchangeably. The effort to combine these three legal traditions was carried out to obtain justice and guarantee the fulfillment of the victim's civil rights, such as the right to continue education, to relieve the trauma caused by the psychological pressure. The amalgamation of legal traditions in Aceh is an effective way to achieve justice for women and children and the construction of new laws to develop a national legal system that favors the interests of victims.

scholarly journals THE THOUGHT OF ABU YA’LA CONCERNING FINANCIAL SUPERVISION (STUDY ON THE BOOK OF AL-AHKĀM AL-SULṬĀNIYYAH)

2021 ◽  
Vol 6 (1) ◽  
pp. 68
Author(s):  
Rahmat Rahmat ◽  
Azwar Iskandar ◽  
Khaerul Aqbar
Keyword(s):  
Public Finance ◽  
Financial Management ◽  
Islamic Law ◽  
The State ◽  
Financial Supervision ◽  
Law Enforcement Agencies ◽  
Philosophical Approach ◽  
The Government ◽  
The Right ◽  
Finance Supervision

This study aims to find out the thought of Abu Ya'la concerning public finance supervision according to Islamic law in the book of al-Aḥkām al-Sulṭāniyyah. This research is qualitative descriptive research with library research method and juridical-philosophical approach. The results showed that construction of Abu Ya'la's thought on public finance supervision was included in the system of hisbah, i.e. the system of the indication and the possibility to involve two parties; (1) an independent institution created by the government to supervise the financial management of the state, whether structural in the state institutions or independent purely and non-structural; (2) other parties involved in this efforts is society, so that the entire community of people are kindly participated in the oversight efforts. In Abu Ya'la's perspective, a Hisbah institution is not a pro justicia institution that does not have the right to impose criminal or civil sanctions, but has the right to listen to public complaints about the deviation of the state's financial management and cooperate with law enforcement agencies making claims.

scholarly journals The Comparison of Adopted-Children and Biological-Children in Inheritance According to “Mbaham” Tribe The Customary Law and Islamic Law of as Well as The Role of The Notary in The Making of Inheritance Agreement

Jurnal Akta ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 591
Author(s):  
Dikha San Mahresi ◽  
Akhmad Khisni
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Descriptive Analysis ◽  
Data Gathering ◽  
Secondary Data ◽  
Customary Law ◽  
Adopted Children ◽  
The Public ◽  
Biological Children

The legal system or the rules of “Mbaham” tribe customs in Fak-Fak town Papua and Islamic legal system headed for the adopted-children and biological children about the inheritance can be compared, because both of these rules can be different systems and can also be the same, especially in determining the rights of each child's portion. It also refers to a notary whose position has specific tasks to do the agreement of inheritance when the heirs want the services of a notary. The main problems of the research as follows; one, how the comparison of the adopted-children's and the biological children’s rights in inheritance according to “Mbaham” tribe customary law and Islamic law as well as the role of the public notary in the creation of the certificate. Second, what is the equality of the rights of biological  children and adopted-children in the inheritance according to the customary law of Mbahan tribe and Islamic law. Third, what is the difference of the rights of biological children and adopted children in the inheritance according to the customary law of “Mbaham” tribe and Islamic law. This research used a juridic empirical approach, with the specification research of descriptive analysis. The type and source of data which were used, namely primary and secondary data and the techniques of data gathering was the primary, secondary, and tertiary data. This research also used qualitative analysis to analyze the data. The results of this research showed that, Islamically the system was Individual, where the inheritance became the property of the class who has been defined in the provisions of Islamic law based on bilateral kinship. Being in the customs of “Mbaham” tribe was not necessarily because it could accept Islamic law as the guideline, but sometimes, it differed in accordance with custom. For the role of the public notary can be used in the manufacture of the agreement of inheritance when the heirs want to disburse the funds stored in the bank. The consequences of the law which was happened headed for the adopted-children and biological children was both still get each inheritance, but all were depended on the provisions within the follow, whether the customary law or Islamic law. The notary could give advice and help the beneficiary in the making of inheritance agreement.Keywords: Comparison; Inheritance; Notary

scholarly journals EKSISTENSI HUKUM WARIS DI INDONESIA: ANTARA ADAT DAN SYARIAT

Asy-Syari ah ◽  
2015 ◽  
Vol 18 (1) ◽  
Author(s):  
Komari Komari
Keyword(s):  
Islamic Law ◽  
East Asian ◽  
Colonial Period ◽  
Customary Law ◽  
The Political ◽  
Inheritance Law ◽  
Muslim Society ◽  
Western Law ◽  
The Government ◽  
Asian People

This paper explains about the application of inheritance law in Indonesia which is strongly influenced by three law systems such as Islamic law, customary law, and Western law. At the beginning of Islam in Indonesia, Islamic law is very dominant in the implementation of Islamic inheritance law which is intergrated with culture and tradition among Muslim society. In Colonial period, the government of Dutch East Hindia started to establish Western law for European and East Asian people. But for the Muslim citizens in Indonesia was implement­ting the combination of Islamic law and customary law. In the independence period, the political of law has been changed through unification and codification of Islamic law into the Indonesia rules formally, including in the application of Islamic inheritance law. As long as this policy, Islamic inheritance law in Indonesia has a characteristic of the combination between Islamic law and customary law.

scholarly journals War of Ngali Toward Dutch Colonialism in Bima

2018 ◽  
Vol 5 (4) ◽  
pp. 128
Author(s):  
Sukarddin Sukarddin ◽  
Akhamad Ari Musaded ◽  
Suryo Ediyono
Keyword(s):  
Islamic Law ◽  
Customary Law ◽  
Dutch Government ◽  
East Indies ◽  
The People ◽  
Dutch East Indies ◽  
The Government ◽  
Dutch Colonial ◽  
Dutch Colonialism

Sultanate of Bima has been bound by government of Dutch colonial with Lange Contract agreement (long contract), occurred in 1908-1909 That the Sultanate of Bima is a very strategic area. These conditions caused the VOC and the government of Dutch to seek intervention through the Lange Contract agreement (long contract) which has led to the entry of the Sultanate of Bima in the Pax Neerlandica neighborhood. War of Ngali occurred for several reasons namely 1) Feelings of dissatisfaction with the actions of the Dutch government which impose various tax rules in the Sultanate of Bima. 2) The Sultanate of Bima as part of the Dutch East Indies sovereignty was seized by a Lange Contract agreement in 1908. 3) Customary law and Islamic law were replaced by Dutch law. 4) The head or belasting duty system is denied and punished for taxing the unbelievers. The conclusion in this study is that people of Ngali against the government of Dutch colonial because they wanted to control the entire Milky, the resistance made by people Ngalisolely to maintain the customs, religions, and independence owned by the people of Bima.

Can religious values reinvigorate the links between development and falāh?

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Wahyu Jatmiko ◽  
A. Azizon
Keyword(s):  
Islamic Law ◽  
Empirical Relationship ◽  
Well Being ◽  
Least Square ◽  
Data Availability ◽  
Religious Values ◽  
Rank Test ◽  
Content Type ◽  
The Government ◽  
The Right

Purpose Previous studies have challenged the Human Development Index’s (HDI) ability to emulate the achievement of falāh (happiness). This paper aims to evaluate the role of religious values in establishing a positive link between the current measurement of development and falāh. Design/methodology/approach First, this study derives an improved value-loaded development measure from the concept of Maqasid al-Shari’ah (the higher objectives of Islamic law). Second, this paper compares the calculated Maqasid al-Shari’ah Index (MSI) with the HDI of some Organisation of Islamic Cooperation (OIC) countries by using the parametric pair difference z-test and t-test along with the non-parametric Wilcoxon signed-rank test. Finally, the relationship of both indices and the proxy of falāh are examined by using the ordinary least square and the generalised method of moments estimations. Findings As far as the religious-led development is concerned, the HDI underestimates OIC countries’ development progress. Here, the MSI can better embody the attainment of falāh than the HDI. Research limitations/implications This study only covers limited OIC countries due to the data availability issue. Practical implications The cultural-based development stemming from the religious values proves useful for putting the government effort towards the attainment of the objective of human well-being in the right direction. Originality/value To the best of the authors’ knowledge, this is the first study examining the empirical relationship between the MSI and falāh.

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