scholarly journals PERANAN PERADILAN AGAMA DALAM PERTUMBUHAN DAN DINAMIKA HUKUM KEWARISAN DI INDONESIA

2020 ◽  
Vol 2 (2) ◽  
pp. 122-139
Author(s):  
Hamzah Hamzah
Keyword(s):  
Islamic Law ◽  
Judicial Power ◽  
Literature Study ◽  
Inheritance Law ◽  
Historical Approach ◽  
Roof System ◽  
Development Period ◽  
Narrative Literature ◽  
Religious Courts

AbstractThis study examines the role of religious courts in the construction of Islamic inheritance law. Its urgency is to open the dimensions of birth and the growth of inheritance law in the development period of religious courts. In addition, it opens up concrete reasons for the existence of the inheritance law bill that has yet to reach a climax. The methodology in this study is a narrative literature study, with a historical approach by observing juridical aspects in the growth of inheritance law.The findings in this study show that Islamic law existed since the era of the sultanate and was used as an applied law in society, including inheritance law that has been embedded in Islamic law. The authority of the religious judiciary in the field of inheritance became disoriented when the colonialists entered the colonies by applying the receptiveness theory as outlined in the form of the Staatsblad. The climax of the authority of the religious courts is the unification of the judiciary (one roof system) and its independence as the executor of judicial power. The challenge for religious courts in the field of inheritance is the unavailability of material law and the inheritance law bill which creates uncertainty.Keywords: Dynamics; Inheritance law; Religious Courts.

scholarly journals BAGIAN WARIS BAGI JANDA DALAM HUKUM KEWARISAN ISLAM DAN KOMPILASI HUKUM ISLAM

2020 ◽  
Vol 8 (01) ◽  
pp. 116
Author(s):  
Dwi Wulandari
Keyword(s):  
Islamic Law ◽  
Arab Countries ◽  
Literature Study ◽  
General Science ◽  
Inheritance Law ◽  
Tertiary Institutions ◽  
The Public ◽  
Legal Literature ◽  
Religious Courts

During this time, science Mawaris only studied in the Islamic legal literature, which is still general science. The distribution of inheritance follows what has been mentioned in the Qur'an and al-Sunnah and there are additions from the ijtihad results of the Companions in the Arab countries. The structure of Indonesian people's life which is different from the Arab community, makes the Islamic Inheritance Law appear rigid and difficult when applied in Indonesia, so that many Muslims in Indonesia prefer adat inheritance law. Through the literature study method, writing examines as well as disseminates information related to the Compilation of Islamic Law that is used to implement Islamic inheritance law in Indonesia that is not widely known by the public. Indonesian ’ulama who have studied mawaris, are trying to formulate Islamic inheritance law by considering the conditions of Indonesian society, so that this Islamic inheritance law can be accepted by Indonesian Muslims. The efforts of the 'ulama bore fruit with the birth of the Compilation of Islamic Law, even though its status is still the President's instruction and has not been made official as a law. But it has been applied in the Religious Courts and is disseminated and reviewed in tertiary institutions.

scholarly journals Hak Waris Bagi Anak Hasil Zina dalam Kajian Ilmu Matematika dan Hukum Islam

2020 ◽  
Vol 5 (2) ◽  
pp. 197
Author(s):  
Faizatul Fil Ula ◽  
Risma Meliyana ◽  
Rohmatul Ilahiyah ◽  
Mohammad Tohir
Keyword(s):  
Islamic Law ◽  
Active Role ◽  
Literature Study ◽  
Biological Father ◽  
Inheritance Law ◽  
Biological Mother ◽  
Marriage Contract ◽  
Problem Solving Strategy ◽  
The Right

Mawaris in the fiqh discourse is commonly referred to as the science of faraidh. Faraidh discusses the issue of inheritance rights (tirkah) to the heirs of the owner who has passed away. One of the problems related to inheritance law is the inheritance rights for a child resulting from adultery and its distribution mathematically. Hence, this study aims to describe the role of mathematics in the distribution of inheritance rights for a child resulting from adultery based on the Islamic law. The research method used is a literature study, documentation, and focused discussion. The subjects in this study are inheritance and Islamic law, while the objects are children of adultery. The results show that: (1) the ability to perform basic operations and mathematical fraction operations plays an active role in the distribution of inheritance rights for a child resulting from adultery; (2) choosing the right problem-solving strategy is very helpful in distributing inheritance rights for a child resulting from adultery; (3) the role of mathematics in the distribution of inheritance rights for a child resulting from adultery can minimize the controversy that often occurs in society; (4) Islamic law has determined that a child resulting from adultery does not fester on the part of the biological father, but on the side of the biological mother even though the one who married the biological mother is the biological father; (5) a child resulting from adultery only gets inherited property from the biological mother, while from the biological father's side, that child only gets obligatory assets; and (6) the decendant’s status falls on the biological father if the child has been born for more than 6 months after the marriage contract between the parents

scholarly journals Settlement of Syariah Economic Dispute through the Special Court of Syariah Economic in the Religious Courts

2017 ◽  
Vol 17 (2) ◽  
Author(s):  
Saut Maruli Tua Manik ◽  
Yaswirman Yaswirman ◽  
Busra Azheri ◽  
Ikhwan Ikhwan
Keyword(s):  
Islamic Law ◽  
Judicial Power ◽  
Economic Community ◽  
Second Amendment ◽  
Legal Construction ◽  
Religious Courts

The research focused on the importance of the establishment of special courts within the Religious Courts in the settlement of sharia economic disputes, and the legal construction of the establishment of a special syariah economic court within the Religious Courts. The results of research: First,the establishment of a special syariah economic court within the Religious Courts can achieve efficiency and professional realization so that the belief of sharia economic community towards the Religious Courts is realized. Second,the construction of the special law court of Islamic law within the Religious Courts is the 1945 Constitution and Law Number 48 Year 2009 on Judicial Power, and the position within the Religious Courts under the Supreme Courtin accordance with Law No. 3 of 2006 on Amendment to Law Number 7 of 1989 concerning Religious Courts jo Law Number 50 Year 2009 concerning Second Amendment to Law Number 7 Year 1989 on Religious Courts. DOI: 10.15408/ajis.v17i2.6082

scholarly journals CHARACTERISTICS AND ESSENCE OF FATWAS ON ISLAMIC ECONOMIC LAW IN INDONESIA

2021 ◽  
Vol 9 (1) ◽  
pp. 155-174
Author(s):  
Doli Witro ◽  
Atang Abdul Hakim ◽  
Koko Komaruddin
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
The Political ◽  
Historical Approach ◽  
State Institutions ◽  
Normative Approach ◽  
Economic Law ◽  
Political Approach ◽  
Islamic Economic

In Indonesia, one of the institutions authorized to issue fatwas is the Indonesian Ulama Council (MUI). MUI is an institution with the role and authority to issue fatwas for Indonesian citizens who are diverse in Islam which are not mentioned in the Al-Quran and Hadith. Although not all groups can accept the fatwa issued by the MUI or there are reaping criticism and controversy by some circles, the influence and role of the MUI fatwa are considerable in maintaining the peace of the Indonesian people. Departing from this, it is essential to see fatwas based on the characteristics and essence of fatwas on Islamic economic law. This paper is conducted in qualitative research. There are several approaches used in this paper, namely, the normative approach, the historical approach, and the political approach. This paper aims to reveal the characteristics and essence of fatwas on sharia economic law in Indonesia. The analysis results show that fatwas as a product of Islamic law are identical to fiqh and have inherent specific characteristization. In essence, a fatwa can become state law if there is recognition through competent state institutions.

scholarly journals Problems of Islamic Law Compilation In Indonesia

2018 ◽  
Vol 5 (2) ◽  
pp. 91-98
Author(s):  
Arip Purkon
Keyword(s):  
Islamic Law ◽  
Legal Certainty ◽  
Marriage Law ◽  
Inheritance Law ◽  
Religious Courts

Abstract.Islamic Law Compilation is one of the efforts to implement Islamic law in Indonesia constitutionally. Islamic Law Compilation covers three legal fields, namely marriage, inheritance and benefiction. The Islamic Law Compilation contributes positively in providing legal certainty, especially for judges in religious courts. In addition, there are still a number of problems related to the Islamic Law Compilation, namely the issue of socialization, equality of perception and the fear of reducing Islamic law.Keywords: Islamic Law Compilation, Marriage Law, Inheritance Law, Benefaction   Abstrak.Kompilasi Hukum Islam merupakan salah satu upaya untuk mengimplementasikan hukum Islam di Indonesia secara konstitusional. Kompilasi Hukum Islam mencakup tiga bidang hukum, yaitu perkawinan, waris dan wakaf. Kompilasi Hukum Islam memberikan kontribusi yang positif dalam memberikan kepastian hukum, khususnya untuk para hakim di pengadilan agama. Selain itu, masih ada beberapa masalah terkait Kompilasi Hukum Islam, yaitu masalah sosialisasi, persamaan persepsi dan adanya kekhawatiran tereduksinya hukum Islam.Kata Kunci: Kompilasi Hukum Islam, Hukum Perkawinan, Hukum Waris, Wakaf

scholarly journals INSTRUMENTATION OF EX-OFFICIO RIGHTS OF RELIGIOUS COURTS JUDGE RELATED TO FULFILLING CHILDREN AND WIFE'S RIGHTS DUE TO DIVORCE

2020 ◽  
Vol 50 (2) ◽  
pp. 361
Author(s):  
Adi Nur Rohman ◽  
Sugeng ◽  
Hesti Widyaningrum
Keyword(s):  
Islamic Law ◽  
Negative Impact ◽  
Legal Knowledge ◽  
Literature Study ◽  
Study Methods ◽  
Religious Courts

Most of divorce cases in Indonesia have a negative impact on divorced children and wives. This is due to the lack of public legal knowledge especially wives who are entangled in divorce cases so that their rights are often ignored. Judges of the Religious Court, in this regard, have a very important role in the protection of the rights of children and wives through the instrumentation of ex-officio rights which, because of his position, he has special authority in deciding the divorce case. This research is a combination of normative and empirical juridical research by connecting the case approach and the legislative approach. The research was conducted at the Bekasi Religious Court using the interview, observation and literature study methods. This study aims to analyze the conception of the rights of ex-officio judges, the basis for their consideration and the mechanism of their instruments in issuing decisions on divorce cases and their relevance to Islamic law

scholarly journals Position Replacement By Inheritee Who Refuses A Heritage According To Heir Civil Law Dan Islamic Heir Law

2018 ◽  
Vol 2 (2) ◽  
pp. 153-165
Author(s):  
Gibtha Wilda Permatasari ◽  
Yuliati Yuliati ◽  
Herman Suryokumoro
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Civil Law ◽  
Legal Issues ◽  
Comparative Approach ◽  
Legal Certainty ◽  
Inheritance Law ◽  
Research Journal ◽  
The Law

This research journal discusses legal issues relating to the substitution of places made by the heirs who previously rejected the inheritance which falls to him by comparison of the perspectives of civil inheritance law and Islamic inheritance law. Pursuant to Article 848 and Article 1060 of the Civil Code on the replacement of the place by the heirs who reject the inheritance and the notary's role as a general official in providing legal certainty to prevent the issue of inheritance according to the law of civil inheritance and the Islamic inheritance law. The purpose of this research is to know and to analyze whether or not the heirs who have rejected inheritance replace other heirs as well as to know the role of notary in giving legal certainty to prevent problems in the civil inheritance law and Islamic inheritance law. The research method used by the writer is the statue approach and comparative approach. Heirs who reject inheritance under civil law of inheritance cannot change place (plaatsvervulling) because the requirement of replacement of place according to the law of civil inheritance is derived from families of blood in the same degree and not reject the inheritance. The replacement of places in Islamic inheritance law is known as mawali however, Islamic law does not recognize the denial of inheritance only known in the law of civil inheritance.

Expanding a Formal Role for Islamic Law in the Indonesian Legal System: The Case of Mu’Amalat

2007 ◽  
Vol 23 (1) ◽  
pp. 249-270
Author(s):  
Alfitri
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Islamic State ◽  
Specific Question ◽  
Legal Code ◽  
Positive Law ◽  
Islamic Jurisprudence ◽  
Personal Law ◽  
Religious Courts

Contemporary conflicts over efforts to expand the role of Islamic law in the national legal system of Indonesia are so intense that they undermine reasoned public debate about this question. They are part of a long-standing polemic, not only about the role of Shariah in Indonesia generally but about the specific question of whether the Jakarta Charter, which references obligations to obey Islamic law, should be restored as part of the Constitution. This article is an attempt to revive the neglected academic discourse on the role of Islamic jurisprudence in Indonesian law, and to move beyond the confused polemics to a thoughtful consideration of where Islamic law fits in a non-Islamic state such as Indonesia. Because Indonesia is a secular state, the Shariah as a whole is not enforced by the state, but the Shariah has a significant meaning for Muslims in Indonesia because it provides the norms distinguishing the obligatory and recommended from those actions which are neutral, disapproved and prohibited in Muslims' lives. Moreover, some elements of Islamic jurisprudence in personal law have been absorbed into positive law in Indonesia through the decisions of religious courts, which have existed since the Dutch colonialism,3 as currently regulated by Law No. 7/1989. The Compilation of Islamic Law No. 1/1991 essentially functions as the legal code for all Muslims who must resort to the religious courts for the adjudication of disputes involving marriage, divorce, inheritance and waqf. Thus, consideration of the propriety of attempts to extend Islamic law to matters of property and of contract is appropriate at this time.

scholarly journals Paradigma fikih baru Jamal al-Banna dan relevansinya terhadap pembaruan peran perempuan dalam hukum keluarga Islam (Fiqh al-Munakahat)

2019 ◽  
Vol 19 (1) ◽  
pp. 1-26
Author(s):  
Syaiful Bahri
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Literature Study ◽  
Public Role ◽  
Minimum Age ◽  
Complementary Part ◽  
Islamic Family Law ◽  
Role Of Women ◽  
Age Of Marriage

The role of women, according to classical fiqh (Islamic law) literature, especially fiqh al-Munakah}at (Islamic family law), tends to be regarded as a complementary part of domestic life. Their role is limited to the domestic territory, and restrain to play a public role. This paper tries to reconstruct the role of women in Islamic family law, utilizing the new fiqh paradigm initiated by Jamal al-Banna. To answer this problem, the author conducted a literature study by examining two works of Jamal: Nah}wa Fiqhin Jadid and Al-Mar'ah al-Muslimah bayna Tah}rir Al-Qur'an wa Taqyid al-Fuqaha'. This paper concludes that some issues regarding the role of women in Islamic family law need renewal. There are four crucial issues that are reviewed using the new fiqh paradigm of Jamal al-Banna, namely the minimum age of marriage, wali’s ijbar rights, polygamy, and divorce.

scholarly journals Juridical Implementation of Distribution Assets for the Inheritance to Adopted by Islamic Law Compilation

Jurnal Akta ◽  
2020 ◽  
Vol 6 (4) ◽  
pp. 763
Author(s):  
Noor Handayani ◽  
Akhmad Khisni
Keyword(s):  
Islamic Law ◽  
Adopted Children ◽  
Literature Analysis ◽  
Legal Certainty ◽  
Adopted Child ◽  
Inheritance Law ◽  
Positive Law ◽  
The Will ◽  
Legal Consequences

The purpose of this study was to: 1) analyze the position adopted child's inheritance rights in Islamic Law Compilation (KHI). 2) to analyze the implementation of the division of property as inheritance to an adopted child Compilation of Islamic Law (KHI). 3) Analyze the legal consequences of the implementation of the division of property as inheritance to an adopted child Compilation of Islamic Law (KHI).This study was prepared using the type of normative juridical research, the research focused on reviewing the application of the rules or norms of positive law. This study uses the approach of legislation (statute approach) And the approach of the case (case approach). The data collection was obtained by interview and literature. Analysis of data using qualitative descriptive.The research results are: 1) Position Adopted in the Compilation of Islamic Law that adopted children may not be recognized to be the basis and cause of inherited, because the basic principle in Islamic inheritance law is their blood relations / nasab / descent. So as the solution according to Islamic law compilation is by jalam Award "was borrowed" on condition should not be more than 1/3 (one third). 2) The division of property as inheritance to an adopted child Compilation of Islamic Law (KHI) must meet two requirements that are required to accept the will not the beneficiary, the person who died both the grandfather and the grandmother has not provided to the child that must be made a will, the amount with other roads, such as grants for example, and if he has less than the sum was borrowed, then it should enhanced the will. 3) The role of the Notary in deed was borrowed for a foster child is doing what desired heir and explain all that heir to all the heirs, it is intended to provide clarity and legal certainty for all heirs of things execution of wills which heir to all his heirs.Keywords: Inheritance, Adopted, Compilation of Islamic Law.

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