scholarly journals THE PROBLEM OF LIBERALIZING ISLAMIC MARRIAGE LAW IN INDONESIA : The Perspective of Science Philosophy

2020 ◽  
Vol 2 (1) ◽  
pp. 53-63
Author(s):  
Athoillah Islamy
Keyword(s):  
Qualitative Research ◽  
Paradigm Shift ◽  
Scientific Revolution ◽  
Islamic Law ◽  
Research Data ◽  
Marriage Law ◽  
Legal Research ◽  
Science Philosophy ◽  
Legal Thinking ◽  
Islamic Marriage

The phenomenon of liberalism on Islamic marriage law in Indonesia often creates social problems. Therefore, it is important to understand understanding and wise attitudes towards the phenomenon within the framework of the scientific paradigm. This research aims to understand various forms of liberalism on Islamic marriage law in Indonesia in the perspective of the philosophy of Science. This research is a qualitative research in the form of literature review. The type of legal research in this study is philosophical normative legal research. The research data used is various research on liberalism on the law of Islamic marriage in the Compilation of Islamic Law (KHI). Meanwhile, the theory used as a knife of analysis is the theory of the scientific revolution of Thomas Samuel Kuhn. This study concludes that liberalism on Islamic marriage law in Indonesia is a form of paradigm shift over the construction of legal thinking in various KHI articles that are considered to have experienced anomalies, which are not relevant to social development and do not answer the challenges of modernity, such as issues of gender equality, democracy, human rights Humans, and pluralism. Such conditions have encouraged contemporary Islamic law reviewers in Indonesia to voice a paradigm shift and even a scientific revolution by giving birth to the construction of new Islamic marriage law.

scholarly journals Rereading the Concept of Nusyūz in Islamic Marriage Law with Qira'ah Mubādalah

2020 ◽  
Vol 5 (02) ◽  
pp. 139-152
Author(s):  
Khoirotin Nisa' ◽  
Muslih Muslih ◽  
Abu Hapsin
Keyword(s):  
Data Collection ◽  
Research Method ◽  
Islamic Law ◽  
Family Relations ◽  
Literary Study ◽  
Marriage Law ◽  
Legal Research ◽  
Deductive Method ◽  
Islamic Marriage ◽  
Husband And Wife

Islam exists in order to uphold justice. Likewise with families, where there are often unfair relationships between husband and wife, there are so many obstacles which can threaten the harmony of marriage. So far the issue of nusyūz is often connected to the wife and the Compilation of Islamic Law (KHI) confirms this. How Islamic law regulates nusyūz and how the perspective of qira'ah mubādalah about this nusyūz is are the main questions of this study. This study uses normative legal research method with descriptive technique. Data collection was carried out by literary study and then they were analyzed qualitatively by the deductive method. The results of this study are as follow: Nusyūz according to Islamic law (KHI) is conceptualized as a wife's disobedience to her husband, such as reluctance to have intercourse, surly in front of her husband, leaving the house without the husband's permission and others which make the husband dislike. If nusyūz occurs then it is resolved by: giving advice, separating beds, and hitting. Mubādalah as a method of interpretation of texts which is reciprocal, in terms of family relations between husband and wife, defines nusyūz as disobedience to household commitments so it applies to husband and wife. Nusyūz settlement by beating is considered as an act of violence so it should not be done. Inviting reconciliation to return to commitment is the best way according to QS. An Nisa': 128.

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.

scholarly journals CONSIDERATION OF THE MATARAM RELIGION JUDGES IN DETERMINING THE LEVEL OF MUT'AH AND NAFKAH IDDAH IN DIVORCE (TALAK) CASE, (Case Analysis No. 0041/Pdt.G/2018/Pta.Mtr and No. 0081/Pdt.G/2018/Pta.Mtr)

2019 ◽  
Vol 11 (2) ◽  
pp. 109-120
Author(s):  
Samsudin Samsudin
Keyword(s):  
Qualitative Research ◽  
Supreme Court ◽  
Islamic Law ◽  
Case Analysis ◽  
Research Data ◽  
Legal Certainty ◽  
High Court ◽  
The Supreme Court ◽  
Principles Of Justice ◽  
Sense Of Justice

Judges' considerations often do not provide satisfaction and do not provide a sense of justice to the parties. The decision of the judge of the Religious High Court is considered the final place, although it can submit an appeal to the Supreme Court which is the highest institution in the area of ​​the religious court, so the researcher raises this title and formulates the problem that is the direction of the research. This study aims to find out how the judge's judgment and whether the judges of the Mataram High Court in determining the level of mut’ah and livelihood in the divorce case have fulfilled the principles of justice, usefulness, and legal certainty. The type of research used is qualitative research. Data collection techniques use study decisions, documentation, and interviews. In addition, the data obtained are informants' information, documentation, and are not numbers. Based on the results of the study, the results obtained are as follows: 1) The consideration of the judges of the Mataram High Court in determining mut’ah levels and iddah livelihoods on divorce cases is observing from work, income, wife who is not incoherent and also to the old wife accompany her husband in fostering a family. 2) whereas regarding the decision of the judges of the Mataram High Court in determining the level of mut’ah and livelihood of the iddah in divorce cases the principles of justice and legal usefulness has not yet been fulfilled, the judge is more focused on the principle of legal certainty and the fulfillment of rights and obligations. However, the amount determined is not in accordance with the sense of justice and certainly will not be fulfilled. In its decision, the judge saw the Law, Compilation of Islamic Law (KHI), Islamic Sharia (Al-Qur'an and Hadith), Perma Number 03 of 2017, and Circular of the Supreme Court of Republic of Indonesia Number 1 of 2017.

scholarly journals ISBAT Nikah Melegalkan Pernikahan Sirri Menurut Hukum Positif Dan Hukum Agama (Studi Di Pengadilan Agama Palangka Raya)

2015 ◽  
Vol 15 (1) ◽  
pp. 94-103
Author(s):  
Sanawiah Sanawiah
Keyword(s):  
Islamic Law ◽  
Marriage Law ◽  
Positive Law ◽  
Religious Law ◽  
The Law ◽  
Marriage Laws ◽  
Islamic Marriage ◽  
Legal Marriage ◽  
Laws And Regulations

The purpose of this study was to find out what sirri marriage laws according to Islamic Law and Positive Law, to find harmony and marriage requirements and to find out how the role of Religious Court of Palangka Raya in socialization confirmation marriage. The method used in this research is the method of legal normative. As for the type of research used in this study is inventory regulations that related to confirmation of marriage legalized marriage sirri according to Positive Law and Religious Law. Law wedding sirri results according to Islamic Law and Positive Law, sirri marriage according to Islamic Law illegitimate because it does not have a guardian of marriage, while marriage sirri in the view of the majority of Indonesian society is marriage not recorded but the terms and illegitimate pillars have been met in accordance with Islamic Law. Meanwhile, according to the law of the wedding positive sirri is as where according to Marriage Law in Indonesia if a legal marriage in syar'i then legitimate also according to law "marriage is not recorded" is legal according to the laws and regulations because according to Islamic Marriage Law applicable in Indonesia is based on Article 2 (1) of Law No. 1 of 1974 in conjunction with Article 4 Compilation of Islamic Law (as ius constitutun) in conjunction with Article 3 bill-HM-PA-Bperkw 2007 (as ius constituendum).

scholarly journals ISBAT NIKAH AND CHILD STATUS IN PERSPECTIVE OF ISLAMIC MARRIAGE LAW (STUDY AT RELIGION COURTS IB DONGGALA)

2018 ◽  
Vol 2 (2) ◽  
pp. 43
Author(s):  
Erni Wahyuni
Keyword(s):  
Data Analysis ◽  
Qualitative Analysis ◽  
Research Method ◽  
Islamic Law ◽  
Secondary Data ◽  
State Law ◽  
Marriage Law ◽  
Islamic Marriage

The research goals are to study and describe the consideration of the jugde inrelated to status of the marriage child, before isbat nikah, as well as to describe the implication to the child born before isbat nikah. The research method used is juridical normative jurisdiction, the data used are secondary data. The data analysis was done by qualitative analysis. The results of research in this thesis turned out to be, not all requests of marriage confirmation of undocumented marriages can be granted. Religious Court will grant the confirmation of marriage that qualified one of criteria in Article 7, paragraph (3) letter a to letter e Compilation of Islamic Law and the marriage proven at trialappropriate according to Islamic Law, and theres no violation ofmarriage banaccording to Islamic law and state law.

scholarly journals ISLAMIC ACCOUNTING: AN OVERVIEW OF IDEOLOGICAL INTERPRETATIONS

2019 ◽  
Vol 4 (1) ◽  
pp. 91
Author(s):  
Agus Arwani
Keyword(s):  
Qualitative Research ◽  
Paradigm Shift ◽  
Scientific Revolution ◽  
Research Method ◽  
Participant Observation ◽  
Research Approach ◽  
Philosophical Foundation ◽  
Literature Study ◽  
Context Knowledge ◽  
Main Instrument

The paper aims to explore the ideological interpretation of Islamic accounting. It is hoped that the results of various interpretations of Islamic accounting are obtained comprehensively. The research method used is qualitative research. Qualitative research is called Participant-Observation because the researcher himself must be the main instrument in collecting data by directly observing the object being examined While the research approach uses a literature study. The results of this study found that there are several views on the interpretation of Islamic accounting ideology. The fragile philosophical foundation of context knowledge is enough to create counter paradigm rivals as a consequence of the scientific revolution (science revolutions) in the form of an alternative paradigm shift due to the failure of the old paradigm to answer a set of problems. The content of the Islamic substance is liberation, making accounting perceived as a treatise.

scholarly journals Praktik Jual Beli Hewan yang Sedang Mengandung di Pasar Sapi Nganjuk Menurut Persepektif Hukum Islam

2020 ◽  
Vol 2 (2) ◽  
pp. 90-97
Author(s):  
Indah Purbasari ◽  
Takbir Wahyudi
Keyword(s):  
Qualitative Research ◽  
Research Method ◽  
Islamic Law ◽  
Financial Institution ◽  
Central Issue ◽  
Research Approach ◽  
Legal Research ◽  
Commercial Law ◽  
The Common ◽  
Additional Payment

This research aims to clarify the practice of sale and purchase agreement of pregnant livestock in Market livestock Nganjuk Regency based on the Islamic law perspective. The central issue of this research concerns the exsistence of an additional payment after delivery.  This research used the normative legal research method, with a statutory approach and supported by an analytical qualitative research approach. This study found that the practice of sale is unlawful regarding to Islamic law because of uncertainty in the consented price and forbidden object in syariah namely livestock in the womb. However, this transaction has not accomodated yet in Indonesian laws eventhough there is possibility of dispute among parties. Therefore, this research recommends that the statutes in the field of Islamic commercial law enables to cover the common transaction in society and not limited for Islamic financial institution in order to give protection due to shari’ah.

scholarly journals Transformation Of Islamic Law Into National Law: Model, Problem And Alternative Solution Of Practicing Sharia In Indonesia

2019 ◽  
Vol 19 (2) ◽  
pp. 407
Author(s):  
Nurrohman Syarif
Keyword(s):  
Islamic Law ◽  
Model Problem ◽  
Real Life ◽  
Legal Culture ◽  
Research Data ◽  
Alternative Solution ◽  
Islamic State ◽  
Legal Research ◽  
Legal Structure ◽  
The Impact

Abstract In the hands of some Muslims who make religion an ideology, sharia must be realized in real life in society through political instruments that can provide force. However, in their struggle, some of them use only one interpretation and one model, so it is difficult to be compromised. Base on assumption that there is more than one model, this research aims to formulate :1) some models of transformation of Islamic law into national law, 2) the problems 3) alternative concepts of solutions, and 4) the impact of any policy taken by the state. This research is a kind of non-doctrinal qualitative legal research. Data was obtained from the books or literature and it is analyzed to see the correlation between legal substance, legal structure and legal culture. This study concluded that without being Islamic state, there many models that can be used by Indonesian Muslims in transforming or practicing sharia.   Keywords: Islamic state, politics, religion, secular state  

scholarly journals PENERAPAN WASIAT WAJIBAH TERHADAP NON MUSLIM DITINJAU DARI KOMPILASI HUKUM ISLAM (KHI) STUDI KASUS PUTUSAN MAHKAMAH AGUNG NO. 331/K/AG/2018/MA

2019 ◽  
Vol 2 (2) ◽  
pp. 267
Author(s):  
Liana Noviyanti ◽  
Mulati Mulati
Keyword(s):  
Qualitative Research ◽  
Supreme Court ◽  
Islamic Law ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Court Ruling ◽  
Legal Research ◽  
Supreme Court Ruling ◽  
Library Research ◽  
The Supreme Court

Islamic law has stated that every person of different religion cannot inherit each other, both Muslims inherit for non-Muslims and from non-Muslims inherit for Muslims, but in practice, Judges at the Supreme Court level implement mandatory wills, this is required which has been decided in the Supreme Court Decision Number. 331 / K / AG / 2018 / MA. This study aims to examine how to implement the mandatory non-Muslim wills in the Supreme Court ruling Number. 331 / K / AG / 2018 / MA based on the provisions of the Compilation of Islamic Law (KHI), and what the Supreme Court Judges consider in implementing mandatory testaments against non-Muslims in the Supreme Court Decision Number. 331 / K / AG / 2018 / MA. This research is a normative legal research with the nature of qualitative research with the type of library research. Based on the studies that have been carried out, the Decision of the Supreme Court Number. 331 / K / AG / 2018 / MA does not include legal considerations in force in Indonesia concerning inheritance provisions and concerning the granting of an approved mandatory will set out in the Compilation of Islamic Law (KHI). The application of mandatory wills in the Supreme Court Decision is contrary to the provisions of Islamic Law and the provisions of the Compilation of Islamic Law (KHI). Article 209 paragraphs (1) and (2) concerning mandatory wills.

scholarly journals Analysis of Buying and Selling Through Online Transactions Perspective of Islamic Law

1970 ◽  
Vol 6 (1) ◽  
pp. 27
Author(s):  
Ahmad Faruk ◽  
Mohamad Mahmud
Keyword(s):  
Islamic Law ◽  
Descriptive Analysis ◽  
Research Data ◽  
The Internet ◽  
Online Media ◽  
Legal Research ◽  
Online Transactions ◽  
Islamic Religion ◽  
Use Of The Internet

Research entitled Analysis of Sale and Purchase Through Online Transactions Using the As Salam Agreement Viewed From Islamic Law (Case Study of Buying and Selling Through Online Transactions Using the AsSalam Agreement) This research is normative legal research or library law research which is prescriptive and the method of approach uses qualitative methods. Research on Islamic law through Islamic law research, research on the sale and purchase of AsSalam through online transactions conducted by students of IAI Darussalam Blokagung Banyuwangi Regency. This article is a type of qualitative research that uses descriptive analysis, which describes research data collected both from interviews, observations and research while being collected at the IAIDA Blokagung campus in Banyuwangi Regency. The results showed that basically all forms of muamalah are permissible or permissible, except as otherwise determined by the Al-Quran Sunnah and Ijma '. Buying and selling which is included in the field of muamalah and is specialized in this writing namely as-salam in terms of Islamic law is permissible or halal done with various mechanisms that exist as long as it does not conflict with the Al-Quran As-Sunnah and Ijma '. Then online transactions that are used as a medium or in this case the internet in buying and selling assalam if viewed from Islamic law is permissible as long as its use is not contrary to Islamic principles. Islamic law originating from the Islamic religion itself, views online media as permissible, not in conflict with Islamic principles. Regarding the operational use of the internet in this case, published by buying and selling greetings, further to Urf '. This is what convinces researchers that Islamic law with its three sources has provided a complete and flexible explanation of things that are updated nowadays or modern.

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