Islamic Law In Morocco: Study on The Government System and The Development of Islamic Law

This study discusses Islamic law in Morocco. The author focuses on the study of the government system and the development of Islamic law there. This study used descriptive qualitative method or so-called literature study /library research. Literature study examines data by exploring, observing, examining, and identifying existing knowledge in the literature to get a conclusion of truth, both philosophical and empirical. This study concludes that Morocco is a Muslim country, the population is more than 98% embraced Islam, the system of government is a democratic, social and constitutional monarchy that is based ongoverned by the 1972 constitution which was amended in 1980, 1992, and in September 1996. It has Mudawwana al-Usrah (2004) which is a contemporary family law in Morocco, family law which was originally still contained in fiqh books has become an implementing law. The legal system in Morocco is divided into two types of judiciary; Shari'a Court and Madaniyah Court (General Court). The existence of the renewal of private law (akhwal syakhsiyah) is guided by three principles, first, the principles and foundations of family law that are applied are the Maliki Mazhhab, second, paying attention to aspects of maslahah mursalah, third, the laws imposed in other Muslim countries The Moroccan government allows abortion for cases of rape and incest or incest or serious defects and incurable diseases of the fetus. last, Morocco is a country that allows polygamy. The issue of polygamy is regulated in the 1958 family law law Article 30 paragraph (1).

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

IIUM Law Journal ◽

10.31436/iiumlj.v27i2.459 ◽

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.

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Implementasi Kebijakan Moneter Ekonomi Indonesia Periode 2003-2009:

Al-Kharaj : Jurnal Ekonomi, Keuangan & Bisnis Syariah ◽

10.47467/alkharaj.v2i1.74 ◽

2020 ◽

Vol 2 (1) ◽

pp. 43-54

Author(s):

Sukarna Eksyar ◽

Iwan Apribadi ◽

Evi Novita

Keyword(s):

Qualitative Method ◽

Policy Instruments ◽

Research Literature ◽

Islamic Banks ◽

Literature Study ◽

Is Research ◽

Library Research ◽

Catch Up ◽

Conventional Banks ◽

Research Show

The method used by the authors in this study is a qualitative method with the results of the presentation in a descriptive form, namely by collecting actual data by carrying out a literature study of some written literature. This research uses the type of library research (library research). Literature research is research that uses written data such as books, books, magazines, journals and others. To get the best data, certain techniques are taken, including the most important one is research, which is collecting material by reading books, journals and other forms of material or commonly referred to as library research. one type of research through libraries. The results of the research show that M. Umer Chapra's thoughts about monetary policy instruments. In the economy can be an important discourse to be considered and studied even further implemented in Indonesia. It is not impossible to apply M. Umer Chapra's thinking in Indonesia. Growth in terms of assets has also proven that Islamic banks are a bank model that is ideal for driving the progress of the country's economy. But in terms of service quality, Islamic banks must catch up with conventional banks that have already been established.

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Ragam Bangunan Perundang-Undangan Hukum Keluarga di Negera-Negara Muslim Modern: Kajian Tipologis

Al-Manahij Jurnal Kajian Hukum Islam ◽

10.24090/mnh.v11i1.1267 ◽

2018 ◽

Vol 11 (1) ◽

pp. 49-60

Author(s):

Miftahul Huda

Keyword(s):

Saudi Arabia ◽

United Arab Emirates ◽

Islamic Law ◽

Family Law ◽

Marriage Law ◽

The Third ◽

Muslim Countries ◽

Fourth Type ◽

Modern Family ◽

The Difference

The reality of the difference in applying Islamic law in the context of marriage law legislation in modern Muslim countries is undeniable. Tunisia and Turkey, for example, have practiced Islamic law of liberal nuance. Unlike the case with Saudi Arabia and the United Arab Emirates that still use the application of Islamic law as it is in their fiqh books. In between these two currents many countries are trying to apply the law in their own countries by trying to bridge the urgent new needs and local wisdom. This is widely embraced by modern Muslim countries in general. This paper reviews typologically the heterogeneousness of family law legislation of modern Muslim countries while responding to modernization issues. Typical buildings seen from modern family law reforms can be classified into four types. The first type is progressive, pluralistic and extradoctrinal reform, such as in Turkey and Tunisia. The second type is adaptive, unified and intradoctrinal reform, as in Indonesia, Malaysia, Morocco, Algeria and Pakistan. The third type is adaptive, unified and intradoctrinal reform, represented by Iraq. While the fourth type is progressive, unifiied and extradoctrinal reform, which can be represented by Somalia and Algeria.

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Pengelolaan Bahasa Untuk Pembelajaran Di Indonesia

NATURALISTIC : Jurnal Kajian Penelitian Pendidikan dan Pembelajaran ◽

10.35568/naturalistic.v6i1.1609 ◽

2021 ◽

Vol 6 (1) ◽

pp. 1078-1085

Author(s):

Zuniar Kamaluddin Mabruri

Keyword(s):

Research Method ◽

Qualitative Method ◽

The State ◽

Language Policies ◽

Literature Study ◽

Language Management ◽

Triangular Relationship ◽

The Government

This study aims to understand language management for learning in Indonesia. The research method used is a qualitative method with the type of literature study. The results show that the State of Indonesia has carried out language management in relation to the recognition of existing languages and is regulating for the government in the context of the state and nation so that there is a triangular relationship between language and the state which is regulated by the government for the benefit of the nation. If the state has guaranteed the existence of a language as a whole, then a number of policies will emerge to guarantee the rights and obligations of each in managing the existing language. Policies are formulated in the form of rules known as regulations, to serve as joint guidelines between the government and speakers of existing languages.

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Turkish State Family Law: History Reform, Legislation, and Legal Materials

Politica: Jurnal Hukum Tata Negara dan Politik Islam ◽

10.32505/politica.v7i1.1621 ◽

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.

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[Corruption in Land Administration: Solutions According to Islam] Rasuah dalam Pentadbiran Tanah: Penyelesaian Menurut Islam

Jurnal Islam dan Masyarakat Kontemporari ◽

10.37231/jimk.2017.15.1.219 ◽

2017 ◽

Vol 15 (1) ◽

pp. 37-50

Author(s):

Noraida Harun ◽

Jady @ Zaidi Hassim

Keyword(s):

Islamic Law ◽

Public Confidence ◽

Negative Effects ◽

Public And Private ◽

The Public ◽

Land Administration ◽

Library Research ◽

Content Analysis Method ◽

The Government ◽

Public And Private Sector

Corruption in the public and private sector has become a major problem to the government. Corruption is a serious problem that has become a topic of debate lately, especially in the mass media. Several negative effects will arise as a result of this corruption problem. The main objective of this paper is to analyse the prevailing corruption in land administration. Thus, the trend of corruption in land administration is deeply rooted and it could jeopardize public confidence in the institution of land office. This paper aims to identify the factors of the problem of corruption, recommendations and solutions to curb these crimes from occurring and to identify whether Malaysian Anti-Corruption Commission (MACC Act 2009) is able to provide solutions to the problems of the crime. The library research and content analysis method are being used in this study. The finding of this research shows that there are several factors of corruption have been identified occurring in the land administration. The MACC Act 2009 appears to have a lot of loopholes in the effort to curb the problem of corruption. This study will highlight some of the proposed recommendations according to Islamic perspective to ensure the interests and rights of all parties involved. Keywords: corruption, land administration, Malaysian Anti-Corruption Commission Act 2009, recommendations and solutions according to Islamic law. Rasuah dalam sektor awam dan swasta telah menjadi satu masalah utama bagi kerajaan. Rasuah merupakan gejala serius yang sering menjadi topik perbincangan sejak akhir-akhir ini terutamanya dalam media massa. Di samping itu juga, pelbagai kesan negatif yang akan timbul akibat daripada masalah rasuah ini. Objektif utama penulisan ini di buat adalah untuk melihat gejala rasuah yang berlaku dalam pentadbiran tanah. Justeru itu, trend jenayah rasuah dalam pentadbiran tanah yang semakin meningkat amatlah membimbangkan kerana ia boleh menggugat kepercayaan orang ramai terhadap institusi pejabat tanah. Kertas kerja ini bertujuan untuk mengenal pasti punca masalah rasuah, beberapa cadangan penambahbaikan dan jalan penyelesaian bagi mengekang jenayah ini dari terus berlaku. Perbincangan ini turut mengupas Akta Suruhanjaya Pencegahan Rasuah Malaysia 2009 (ASPRM 2009) adakah mampu memberi penyelesaian kepada permasalahan jenayah ini. Kajian kepustakaan dan kaedah analisis kandungan digunakan dalam kajian ini. Hasil kajian mendapati terdapat beberapa punca masalah rasuah yang telah dikenal pasti berlaku dalam pentadbiran tanah dan ASPRM 2009 turut dilihat masih longgar dalam usaha untuk mengekang masalah rasuah ini. Penulisan ini akan mengutarakan beberapa cadangan penambahbaikan menurut perspektif Islam dalam menjamin kepentingan dan hak-hak semua pihak yang terlibat. Kata kunci: rasuah, pentadbiran tanah, Akta Suruhanjaya Pencegahan Rasuah Malaysia 2009, cadangan dan penyelesaian menurut undang-undang Islam.

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Analisis Konsep Integrasi Ilmu Dalam Islam

Wardah ◽

10.19109/wardah.v21i1.5822 ◽

2020 ◽

Vol 21 (1) ◽

pp. 35-49

Author(s):

Ainor Syuhadah Binti Khalid ◽

Intan Delsa Putri

Keyword(s):

Research Literature ◽

Literature Study ◽

Scientific Methods ◽

Library Research ◽

Data Reading ◽

Over Time

Abstract: Article with the title ‘Analysis of the Concept of Integration of Science in Islam’, it discusses describing and analyzing concepts between sciences in Islam. Science we will describe later, is a system of meaning of reality and truth, based on revelation supported by reason and intuition. The method used in this study uses the method or literature study (library research). Literature study can be interpreted as an activity relating to the method of collecting library data, reading and recording and processing research materials. With nadzar and fikr processes, ratios will be able to articulate, make propositions, express opinions, argue, make analogies, make decisions, and draw conclusions. In the Islamic worldview, science is closely related to faith, ‘aql, qalb, and taqwa. Not only is knowledge systematically gathered, but knowledge is also an understanding. Where to calculate the haq Of course you will not argue with the haq. However, over time, hegemony and colonialism caused Muslims to replace and apply the concept of Western knowledge that is blindly. This attitude certainly causes confusion. So, trying to develop and develop the concept of science in the Qur'an can be made the basis for formulating the basis of knowledge in Islam. Keywords: Integration of knowledge, worldview, and scientific methods. Abstrak: Artikel dengan judul ‘Analisis Konsep Integrasi Ilmu dalam Islam’, ini bertujuan memaparkan dan menganalisis konsep intergrasi ilmu dalam Islam. Ilmu sebagaimana akan kita uraikan nanti, merupakan system pemaknaan akan realitas dan kebenaran, bersumber pada wahyu yang didukung oleh rasio dan intuisi. Metode yang digunakan dalam kajian ini menggunakan metode atau pendekatan kepustakaan (library research). Studi pustaka dapat diartikan sebagai serangkaian kegiatan yang berkenaan dengan metode pengumpulan data pustaka, membaca dan mencatat serta mengolah bahan penelitian. Dengan proses nadzar dan fikr, rasio akan dapat berartikulasi, menyusun proposisi, menyatakan pendapat, berargumentasi, membuat analogi, membuat keputusan, serta menarik kesimpulan. Dalam worldview Islam, ilmu berkaitan erat dengan iman, ‘aql, qalb, dan taqwa. Tidak hanya merupakan satu pengetahuan yang terhimpun secara sistematis, tetapi ilmu juga merupakan suatu metodologi. Dimana metodologi yang haq tentu tidak akan bertentangan dengan yang haq. Namun seiring berjalannya waktu, hegemoni dan kolonialisme menyebabkan umat Islam cenderung meniru dan mengadopsi konsep ilmu pengetahuan Barat secara membabi buta. Sikap ini tentu saja menyebabkan kebingungan (confusition) yang berlanjut pada hilangnya identitas. Maka, upaya menggali dan mengembangkan konsep ilmu dalam al-Qur‘an dapat dijadikan landasan bagi upaya merumuskan kerangka integrasi ilmu pengetahuan dalam Islam. Kata kunci: Integrasi ilmu, worldview, metode keilmuan.

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Strategi Dalam Menciptakan Kesejahteraan Masyarakat Melalui Rekonstruksi APBN: Telaah kritis dari Kitab Al-Amwal

JURNAL ILMIAH EKONOMI ISLAM ◽

10.29040/jiei.v7i2.2057 ◽

2021 ◽

Vol 7 (2) ◽

Author(s):

Syamsuri Syamsuri

Keyword(s):

Monetary Policy ◽

Qualitative Method ◽

Research Approach ◽

Fiscal Policies ◽

Study Approach ◽

State Revenue ◽

Library Research ◽

Character Study ◽

Import And Export ◽

The Government

There are at least two approaches taken by the government to deal with the problem of poverty or create prosperity, namely through fiscal policy and monetary policy. In this article, the author will examine the fiscal policies that should be carried out by the government using the reallocation method of state revenue and expenditure funds or the so-called APBN. Several Muslim figures have studied the problem solving, such as, As-Syaibani and Umar bin Abdul Aziz. However, the author focuses on the contribution of Muslim scholar who was born from Byzantine descent in 154/1858, namely Abu Ubaid, his brilliant idea as outlined in the book Al-Amwal in order to create the mashlahat of society in a country. By using a qualitative method with the library research approach and assisted by the final character study approach, it can be concluded that some strategies according to Abu Ubaid are a solution in creating social welfare, namely Zakat, fa'I, khumus, kharja, and jizyah. As well as regarding the import and export of goods, Abu Ubaid uses a strategy of not having zero tariffs in international trade, excise on staples is cheaper, and there are certain limitations to be subject to excise. This means that when goods enter into a country, there is a cut or excise that enters zakat.

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The Discourse and Practice of Islamic Family Law in Indonesia

Psychology and Education Journal ◽

10.17762/pae.v58i1.1774 ◽

2021 ◽

Vol 58 (1) ◽

pp. 5201-5212

Author(s):

Nurrohman Syarif

Keyword(s):

Islamic Law ◽

Family Law ◽

Court System ◽

Islamic History ◽

Law System ◽

Muslim Countries ◽

Changing Times ◽

The Impact ◽

Civil Law System ◽

Religious Courts

Family law is the most powerful law practiced in Islamic history, but this does not mean that it avoids the demands of changing times. Today, there are no less than thirteen problems related to family law that have arisen in the Muslim world. This problem arises not only because of demands for changing times, but also because of efforts to unify, codify and legislate Islamic law in a number of Muslim countries. This problem requires not only solutions but also reforms. This study aims to examine the model of understanding, practicing, reforming and transforming Islamic law in Indonesia and its impact on the position of standard classical fiqh books and the independence of judges in the Religious Courts. This research is a non-doctrinal normative qualitative research type. This study found a variety of models in the exploration, practice and reform of family law in Indonesia. The impact of the reform and transformation of family law in Indonesia is that classical fiqh books are no longer used as the main reference and the Religious Court System is closer to the civil law system. However, the reform and transformation of family law in Indonesia did not reduce the independence of religious judges in exploring and discovering more contextual Islamic law.

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HUKUM ISTRI MENCARI NAFKAH DALAM TINJAUAN MAQASHID SYARIAH

ISLAM TRANSFORMATIF Journal of Islamic Studies ◽

10.30983/it.v2i2.757 ◽

2018 ◽

Vol 2 (2) ◽

pp. 193

Author(s):

Elimartati Elimartati

Keyword(s):

Content Analysis ◽

Qualitative Method ◽

Islamic Law ◽

Science And Technology ◽

Analysis Approach ◽

Main Task ◽

Gender Analysis ◽

Family Needs ◽

Library Research ◽

The Law

In common tradition, making a living is a husband's obligation, but now many wives play a role in earning a living. The aim of the study was to find out the law of the wife looking for a nafka, viewed the condition and ability of the husband to provide a living, in the review of Maqashid Shari'a proposed by Syatibi. The influence of science and technology and the increase in household needs triggers many wives to take part in making a living, and become the main breadwinner. This certainly raises the question, how does the view of Islamic law on wives earn a living in library research, using the normative qualitative method of gender analysis approach is content analysis. Islamic law explains that a wife cannot leave her house without her husband's permission and her main task is at home. This certainly raises the question, how does the view of Islamic law on wives earn a living. The results of the study explain that wife's law makes a varied living circumcision, makhruh and haram based on the ability of the husband to provide his wife with the benefit and the level of family needs (maqashid).

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