scholarly journals EKSISTENSI DAN REFORMASI HUKUM KELURGA ISLAM DI INGGRIS

2020 ◽  
Vol 18 (2) ◽  
pp. 154-173
Author(s):  
Mutmainnah ◽  
Rahmawati
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
British Government ◽  
Legal Rules ◽  
Legal Case ◽  
Muslim Minority ◽  
The Government ◽  
The Uk ◽  
Muslim Minorities ◽  
First Time

this paper discusses the existence of family law in the UK which began to be looked at by the government since 2018, with a legal case experienced by one of the immigrants, the British government for the first time recognized the existence of Islamic law. Although the majority of Islamic law in force is still subject to the existing positive legal rules, but this is a special thanksgiving for the Muslim minority in Britain, because since 1970 they want to apply Islamic law to themselves in the country but have always been rejected by the British government, along with increasing their population, it is not impossible to see Britain as a moderate country in this regard. appeal case filed in February 2020 by one of the immigrants related to the problem of his family made Britain begin to pay attention to Muslim minorities, there are even researchers who concluded specifically the English marriage law it is time for reform to cover all the needs of its people

scholarly journals Rhetorical uses of precise numbers and semi-magical round numbers in political discourse about COVID-19: Examples from the government of the United Kingdom

2021 ◽  
pp. 095792652110131
Author(s):  
Michael Billig
Keyword(s):  
19Th Century ◽  
British Government ◽  
Political Incentives ◽  
The United Kingdom ◽  
Round Numbers ◽  
Magical Power ◽  
Uk Government ◽  
The Government ◽  
The Uk ◽  
The 19Th Century

This paper examines how the British government has used statistics about COVID-19 for political ends. A distinction is made between precise and round numbers. Historically, using round numbers to estimate the spread of disease gave way in the 19th century to the sort precise, but not necessarily accurate, statistics that are now being used to record COVID-19. However, round numbers have continued to exert rhetorical, ‘semi-magical’ power by simultaneously conveying both quantity and quality. This is demonstrated in examples from the British government’s claims about COVID-19. The paper illustrates how senior members of the UK government use ‘good’ round numbers to frame their COVID-19 goals and to announce apparent achievements. These round numbers can provide political incentives to manipulate the production of precise number; again examples from the UK government are given.

scholarly journals RANCANGAN QANUN HUKUM KELUARGA ACEH DALAM HIRARKI PERUNDANG-UNDANGAN INDONESIA

2019 ◽  
Vol 5 (2) ◽  
Author(s):  
Fadli ◽  
Muammar
Keyword(s):  
Constitutional Law ◽  
Islamic Law ◽  
Family Law ◽  
Daily Lives ◽  
Legal Rules ◽  
Indonesian Population ◽  
Unitary State ◽  
The Family ◽  
Aceh Province ◽  
Points Of View

This study wants to analyze the position of the Aceh qanun in the Indonesian legislative hierarchy. The discussion on the development of qanun cannot be separated from the events of the 1998 Reformation, which demanded the existence of democracy in various sectors of state life. The implementation of Islamic sharia in Aceh which is carried out by forming qanun-qanun is organized based on the Law on special autonomy, namely Law Number. 8 of 2001 concerning Special Autonomy for the Province of Aceh as the Province of Nanggroe Aceh Darussalam and Law Number. 11 of 2006 concerning Aceh Government. The author analyzes the legality of the Family Law Qanun Draft with the construction of constitutional law in terms of two points of view, namely the formality of establishing legislation and the concept of a unitary state. Based on the background that has been elaborated above, the issues to be discussed are: (1) how is the legality of the Family Law Qanun Draft in terms of the concept of a unitary state? (2) how is the legality of the Family Law Qanun Draft in terms of the formality of forming legislation? The position of Qanun in the legal system in Indonesia is different from local regulations in Indonesia which are also based on several reasons. First, legally the position of Qanun in Aceh Province clearly has a stronger legal force compared to other regional regulations in Indonesia. Secondly, sociologically, the majority of Indonesian population, especially in Aceh Province, implies that they have practiced Islam in their daily lives. Although the level of acceptance of Islamic law itself is stratified, nevertheless Islam becomes the dominant value in daily life, both in the spiritual content, language, culture, practice of behavior to the implementation of Islamic Sharia itself. Third, in terms of Islamic law, the content is loaded with the theme of justice. Islam which in its teachings also contains legal rules is a teaching system as well as a methodology for its achievement, because every nation has the same and universal ideals, in the form of justice, order, peace, harmony, holiness, and so forth. This rule is of course in accordance with the needs of humans who live on this earth.Keywords: Qanun, Family Law, Legislation. 

1. Introduction to constitutional law

2021 ◽  
pp. 1-8
Author(s):  
Colin Faragher
Keyword(s):  
Constitutional Law ◽  
Central Government ◽  
Essential Information ◽  
Legal Rules ◽  
Parliamentary Sovereignty ◽  
Head Of State ◽  
Form Of Government ◽  
The Government ◽  
Definition Of ◽  
The Uk

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the definition of constitutional law and the characteristics of the British Constitution. Constitutional law looks at a body of legal rules and political arrangements concerning the government of a country. A constitution may take the form of a document or set of documents which declare that a country and its chosen form of government legitimately exists. The British Constitution is largely unwritten, flexible in nature, and based on absolute parliamentary sovereignty. The UK is also a unitary state. There is a central government, as well as devolved legislative and executive bodies in Scotland, Wales, Northern Ireland, and England. It is also a constitutional monarchy. This means that the head of state is a king or queen and that they exercise their powers in and through a parliamentary system of government in which the members of the executive are accountable to a sovereign parliament.

scholarly journals An Islamic University in the West and the Question of Modern Authenticity

Numen ◽  
2019 ◽  
Vol 66 (4) ◽  
pp. 403-421
Author(s):  
Kirstine Sinclair
Keyword(s):  
Faculty Members ◽  
The West ◽  
Professional Careers ◽  
Muslim Minority ◽  
Muslims In The West ◽  
The Uk ◽  
Muslim Minorities ◽  
Participatory Observation ◽  
Contemporary Britain

AbstractThe aim of this article is to discuss how Islamic universities in the West facilitate and condition the formation of modern Muslim subjectivities in minority contexts, with an emphasis on the institutions as providers of guidelines for good, Muslim minority life. This is done through a case study of Cambridge Muslim College in the UK. Its values and aims are explored through interviews with the founder and dean, faculty members and students, and through participatory observation. Cambridge Muslim College sees itself as a mediator between Islamic traditions and modern Muslims in the West, and as responsible for engaging in the development of both Muslim minorities and the wider society within which it operates. The questions guiding the study are the following: What role do Islamic universities play in shaping modern Muslim subjectivities in the West? How does Cambridge Muslim College combine understandings of authenticity with preparing their students for professional careers in Britain? The study shows that the understanding of authenticity that is encouraged by college dean Shaykh Abdal Hakim provides an important tool for the students as they strive to form meaningful selves and careers in contemporary Britain. Thus, references to authentic Islam is used to support the development of both working and moral modern subjects.

scholarly journals Human Rights Issues Arising from the Implementation of Sharia Law on the Minority of Western Thrace—ECtHR Molla Sali v. Greece, Application No. 20452/14, 19 December 2018

Religions ◽  
2019 ◽  
Vol 10 (5) ◽  
pp. 300
Author(s):  
Koumoutzis ◽  
Papastylianos
Keyword(s):  
Legal Status ◽  
Islamic Law ◽  
Case Law ◽  
Religious Communities ◽  
General Law ◽  
The Family ◽  
Muslim Minority ◽  
Law Of Succession ◽  
First Time ◽  
Rights Issues

The Molla Sali case, recently heard by the ECtHR, concerns the compatibility of the implementation of Sharia in the family and personal relations of the Muslims of Western Thrace, who remained within the boundaries of the Greek State after the exchange of populations under the Treaty of Lausanne, to the ECHR. The applicant, a Greek national of the Muslim minority of Western Thrace, complained that she could not be beneficiary by testament of her deceased husband’s estate, member of the same minority, since, according to the position of the Court of Cassation, due to a series of international agreements and relevant domestic norms, the law of succession applicable to her case was the Islamic Law that prohibits the testament, instead of the civil law. However, the ECtHR found that the applicant was victim of a violation of article 14 of the ECHR in conjunction with article 1 of Protocol no 1. In this case, the ECtHR considered for the first time the question of the compatibility of a religious community’s separate legal status with the ECHR. The rationale behind the decision is within the framework of the core principles of the Court’s case law on the limits of the autonomy of religious communities and acknowledgement of minority rights. The Court, based on the main line of arguments which constitute the corpus of its jurisprudence on religious and minority issues, ruled that the separate legal status of the Muslim minority cannot justify divergences from the application of the General Law, to the extent that such divergences violate the Greek citizens’ rights enshrined in the Constitution and the ECHR and it condemned Greece on the basis of “discrimination by association”.

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 Reformulation of the Government Compilation of Islamic Law: Strengthening the Concept of Gender-Sensitive Regulations in Indonesia

FIAT JUSTISIA ◽  
2018 ◽  
Vol 11 (4) ◽  
pp. 355
Author(s):  
Fauna Alwy
Keyword(s):  
Islamic Law ◽  
Customary Law ◽  
Marriage Law ◽  
Legal Case ◽  
The Subject ◽  
The Government ◽  
Islamic Marriage

The main purpose of this study is to find out the weaknesses in the application of the Compilation of Islamic Law in Indonesia, especially some of the provisions in it that tends to be gender biased; so that innovative ideas can be found to strengthen even the re-formulation of gender-sensitive legislation but still based on Shariah values and customary law. It is normative law research that uses a normative legal case study in the form of legal behavior products, among others by examining the Compilation of Islamic Law especially in the level of its implementation. The subject of the study is the Islamic marriage law which is conceptualized as the norm or rule that applies in the society and becomes the reference of behavior for every Indonesian citizen who embraced Islam.Keywords: Reformulation, Government Compilation, Islamic Law, Strengthening, Concept, Gender Sensitive Regulations

scholarly journals Hukum Keluarga Islam di Indonesia: dari Orde Lama hingga Orde Reformasi

AL- ADALAH ◽  
2018 ◽  
Vol 14 (2) ◽  
pp. 311
Author(s):  
Ahmad Rajafi
Keyword(s):  
Political Institutions ◽  
Islamic Law ◽  
Family Law ◽  
Reform Movement ◽  
Reform Era ◽  
Old Order ◽  
Early Arrival ◽  
Islamic Thought ◽  
Islamic Family Law ◽  
The Government

Historically, the rule of Islamic family law existed and has been practiced since the early arrival of Islam in the archipelago. This is indicated by the phenomenon of massive application of fiqh madzhab asy-syafi’iyyah in the colonialization era.. After the day of Independence, the efforts to established Islamic family law through political institutions has begun, starting from the old order era until the reform era. The reform movement grew stronger mainly after CLD-KHI was echoed to make KHI ( Collection of Islamic Law) a new Marriage Act. Unfortunately, this movement received a negative response from a number of Islamic organizations; so the plan was canceled by the Government. Nevertheless, the struggles between liberal and conservative-fundamentalist Islamic thought still continue to this day.

‘Disability’ and ‘Discrimination’ in the Context of Disability Discrimination Legislation: The UK and Australian Acts Compared

2000 ◽  
Vol 4 (3) ◽  
pp. 203-245 ◽  
Author(s):  
Jennifer Hamilton
Keyword(s):  
Functional Limitations ◽  
Public Life ◽  
The Other ◽  
Disability Discrimination ◽  
Other Hand ◽  
Positive Feature ◽  
The Government ◽  
Definition Of ◽  
The Uk ◽  
First Time

Both the Commonwealth of Australia and the UK now have in place anti-disability discrimination legislation. In the example of the Commonwealth, that legislation reflected a positive desire by the community and the government to eliminate disability discrimination in public life. In the UK on the other hand, the legislation introduced represented something of a compromise between activists, who wanted stronger legislation, and the government who up until that point had wanted none. Historically anti-discrimination legislation in both jurisdictions has been similarly structured; containing similar grounds of discrimination and also a similar conceptualisation of discrimination. However, partly no doubt as a result of government antipathy, the UK model of legislation departs from the model used in earlier antidiscrimination legislation in a number of key respects: the legislation contains a new conceptualisation of discrimination; and, it introduces for the first time in antidiscrimination legislation a general ‘defence’ of justification for all forms of discrimination. Additionally, the definition of ‘disability’ employed in the Act is very narrow, concentrating upon a person's functional limitations in relation to ‘normal’ activities. The purpose of this article is to contrast the concepts of ‘disability’ employed in the Acts, and to consider the effectiveness of both the ‘traditional’ and the new conceptualization of discrimination contained in the Commonwealth and UK Acts respectively. While disability under the UK Act is reflective of the government's antipathy to the new legislation, the reconceptualization of discrimination is, on the whole, a positive feature, moving away from the principle that equality equals ‘sameness’, to one which gives recognition to disadvantage and places an explicit, positive, obligation on employers to redress that disadvantage. Other areas of difference between the two Acts — such as in the area of ‘defenses’, the development of enforceable Standards (under the Commonwealth Act), and methods of enforcement will be covered in a subsequent article.

scholarly journals Response to mutation and variants of the SARS-CoV-2 gene

2021 ◽  
Vol 40 (2) ◽  
pp. 77-78
Author(s):  
M.L. Edy Parwanto
Keyword(s):  
Severe Acute Respiratory Syndrome ◽  
Task Force ◽  
Gene Mutations ◽  
British Government ◽  
News Reports ◽  
Corona Virus ◽  
New Variant ◽  
Circular Letter ◽  
The Government ◽  
The Uk

Since the COVID-19 pandemic, our society has come to understand that the cause is the Corona Virus (2019-nCoV) or more popularly known as the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).  It has become a reality that as a result of the COVID-19 pandemic, many people have died. We need to record new cases of COVID-19 in other countries, namely the UK and Germany at the end of 2020. This needs to be conveyed because both countries are showing high new cases of COVID-19. The high number of new cases of COVID-19 in the UK and Germany is thought to be related with gene mutation that resulted new strain of SARS-CoV-2. It has been reported in the UK on December 2020 that SARS-CoV-2 gene mutations resulted in a new variant called VUI-202012/01 (Variant Under Investigation, year 2020, month 12, variant 01). The British government implemented new lockdowns for England and Scotland to deal with the spread of the new VUI-202012/01 variant of SARS-CoV-2. Recent news reports that the Government of Germany is extending lockdowns on its territory until January 31th 2021. The policy regarding the prohibition of foreigners entering Indonesia in relation to the emergence of a new variant of the corona virus in the UK is regulated in the Indonesia COVID-19 Task Force Circular Letter No.4 2020. Temporary entry restriction for Foreigners to Indonesia 1-14 january 2021.  

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