scholarly journals The Politics of Syariatisation in Indonesia: MMI and GARIS' Struggle for Islamic Law

2021 ◽  
Vol 28 (2) ◽  
Author(s):  
Ratno Lukito
Keyword(s):  
Everyday Life ◽  
Legal System ◽  
Islamic Law ◽  
Legal Studies ◽  
The Law

This paper addresses the deficiency of the doctrinal approach in Islamic legal studies. There is an emergent need to comprehend Islamic law from the standpoint of its practical aspects: that is, how the law is intended to produce certain results, whether it gives expected results, and whether an identifiable result is consistent with the reason for the law as one might have expected. This paper examines the discourse of legal Islamization from the perspective of its practical aspects, that is, how the idea is developed, campaigned, and impregnated in Muslim societies. A study of the organizations Majlis Mujahidin Indonesia (MMI) and Gerakan Reformis Islam (Garis) shows that both groups had different concerns. While MMI focused on the theoretical legal system, Garis was more concerned with the practical realm of law; yet the two are the same in orientation as they are both concerned with how everyday life is regulated for Muslims.

scholarly journals EKSEKUSI NAFKAH PERCERAIAN DI PENGADILAN AGAMA KOTA MALANG

Ulumuddin ◽  
2018 ◽  
Vol 11 (1) ◽  
pp. 116
Author(s):  
Rendra Widyakso
Keyword(s):  
Rule Of Law ◽  
Islamic Law ◽  
Public Order ◽  
Scholarly Journals ◽  
Financial Responsibility ◽  
The Public ◽  
Legal Studies ◽  
Preliminary Study ◽  
The Law

This article aims to answer to important questions in legal studies that how to implement the legal execution of earning the expenses caused by divorce based on Indonesian law? And, how do the perspective of Islamic legal schools deal with the execution? There are numbers of scholarly journals studying this specific issue. However, the preliminary study that specifically focuses on the Legal Verdict of the Religious Court of Malang No. 0957/Pdt.G/2014/PA.MLG is offered by this article. It finds that legally, the judge has authority to order the ex-husband to pay the expences of the divorce compensation (mut’ah), financial responsibility due to divorce (iddah) and financial claim (madiyah) and financial childcare (hadhanah) before the divorce pledge is pronounced. If the expences cannot be paid, the ex-wife has right to purpose the legal execution to the court. Due to the purpose the chief of justice is responsible for and has authority to remind the ex-husband (aanmaning) and doing the legal execution if he disrespectly avoided the court’s order. The concept of legal expenses due to divorce is ruled by the fiqh of Islamic legal schools, in spite of the fact that the details of execution remain no any explanation. This article argues that the execution has been done referring to the law. It purposes to fulfil justice, expediency and rule of law. Furthermore, these purposes are the beginning step in order to achieve the public order (mashlahah) and the higher objective of Islamic law (maqashid al-syari’ah).

scholarly journals Human rights in Muslim law: current issues

2021 ◽  
pp. 12-16
Author(s):  
I.I. Maryniv ◽  
K.R. Malik
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Skin Color ◽  
Islamic Law ◽  
Social Background ◽  
Positive Law ◽  
Muslim Countries ◽  
General Principles Of Law ◽  
The Law ◽  
Islamic Society

The article is devoted to the study of the peculiarities of the legal system of Muslim countries. The author analyzes the essence of the concept of human rights and freedoms in Muslim law, as well as comparative characteristics with the Western legal system. The general principles of law in the Muslim system, due to the peculiarities of its historical formation, establish the criteria of conformity of positive law to the values of a particular society, limiting the action of a law to generally accepted moral criteria. It is noted that certain aspects of Sharia have different meanings for followers of Islam and those who do not adhere to this faith. In a ratio religious and secular rules of conduct operate differently. The author points out that in the theory of Muslim law, all people are equal regardless of their social background, skin color or language. It also speaks of the equality of all before the law and the court, but in practice a completely different situation arises. The article analyzes the disrespect for women's rights and the fact that women are essentially unprotected in Islam. It is noted that human rights, which should be universal in nature, were neglected by delegates to the 1993 UN Human Rights Conference in Vienna. In view of this, Islamic society is faced with the question: either Islam and Sharia, or democracy and human rights. At the same time, no explanation was given as to why one should be chosen over the other. The author proposes to gradually incorporate Muslim law into the law of Western countries, but only with respect for the national and cultural peculiarities of the East. It also highlights the importance of developing categories of human rights in the Muslim legal system, taking into account the standards of the Western concept of human rights and conducting a detailed study of Islamic law, rather than simply adding Western notions of natural human rights to Muslim law.

scholarly journals Positivisasi Syariah di Indonesia, Legalisasi atau Birokratisasi?

2018 ◽  
Vol 15 (3) ◽  
pp. 592
Author(s):  
Pepen Irpan Fauzan ◽  
Ahmad Khoirul Fata
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
The Body ◽  
Positive Law ◽  
National Legal System ◽  
The Law ◽  
Islamic Society ◽  
The Ideal

Tulisan ini mengkaji pemberlakuan hukum syariah sebagai bagian dari hukum nasional Indonesia. Ada dua permasalahan pokok yang dibahas: pertama, bagaimanakah posisi hukum Islam dalam tubuh hukum nasional? Kedua, apakah legalisasi syariah telah mencerminkan idealitas hukum syariah bagi masyarakat Islam Indonesia? Untuk membahas dua permasalahan ini, penulis memfokuskan pada UU tentang Zakat, wakaf dan haji. Dari kajian yang penulis lakukan, dapat disimpulkan beberapa hal: pertama, keberadaan UU terkait zakat, wakaf dan haji merupakan perwujudan penerimaan sistem hukum Indonesia terhadap pemberlakuan hukum Islam sebagai bagian integral dari hukum nasional. Kedua, meski telah masuk dalam sistem hukum nasional, namun UU tentang zakat, wakaf dan haji mempunyai kekuatan dan kelemahan. Kekuatannya terletak bahwa hukum Islam telah menjadi hukum positif, sehingga pemberlakuannya menjadi mutlak di tengah masyarakat. Kelemahannya, UU itu lebih menitikberatkan pada persoalan administratif, dari pada mandatory. Konsekuensinya, UU tersebut tidak lebih dari sekedar birokratisasi-syari’ah.This paper examines the implementation of sharia as part of Indonesian national law. There are two main issues that are discussed: first, what is the position of Islamic law in the body of national law? Second, does the legalization of sharia reflect the ideal of shariah for Indonesian Islamic society? To discuss the two issues, the authors focus on the Law on Zakat, wakaf and hajj. From the writer's study, it can be concluded: First, the existence of the zakat, wakaf and hajj laws is the embodiment of acceptance of Indonesian legal system towards the implementation of Islamic law as an integral part of national law. Second, although it has been included in the national legal system, the Law of zakat, wakaf and hajj has strengths and weaknesses. Its strength lies in that Islamic law which has become a positive law, so its enforcement becomes absolute in society. The weakness is that the Law focuses on administrative matters rather than mandatory. Consequently, the law is nothing more than a shari'ah-bureaucratization.

scholarly journals MEMBUMIKAN HUKUM ISLAM DI INDONESIA

2016 ◽  
Vol 14 (2) ◽  
Author(s):  
Muhammad Fahmi Al Amruzi
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Public Life ◽  
Legal Order ◽  
National Legal System ◽  
Strategic Position ◽  
The Law

The existence of Islamic law in Indonesia has long earned a place in public life. It is the law established in the midst of society and even became the official legal state at the time of Islamic kingdoms until the beggining of VOC. When the Dutch managed to take over all the power of the Islamic kingdoms, the Islamic law began to be abolished gradually. After independence, Indonesian people began to dig his own laws independently and Islamic laws still exists and getting stronger. The Islamic law has its own power which can take the form in legisation, jurisprudence and public legal awareness. Islamic law has an important strategic position in the formation and preparation of Indonesia's national law. One effort to incorporate Islamic law into the national legal order is through the transformation of the values of Islamic law into the Indonesian National Legal System.

English Legal System

2018 ◽  
Author(s):  
Steve Wilson ◽  
Helen Rutherford ◽  
Tony Storey ◽  
Natalie Wortley
Keyword(s):  
Legal System ◽  
Alternative Methods ◽  
European Convention ◽  
The European Union ◽  
Civil Process ◽  
Legal Studies ◽  
System P ◽  
Solid Foundation ◽  
The Law ◽  
The Impact

English Legal System gives an understanding of the operation of the law and the legal system which is essential to the laying of a solid foundation upon which to build further legal studies. After offering practical advice on how to study the English Legal System, an overview is given of the nature of law, the sources of law, how the English legal system operates, the courts of England and Wales, and some of the important institutions and personnel of the law. How legislation is made and how it is interpreted is discussed. How judges make law and how this process is governed by the doctrine of judicial precedent are explored. The rule coming from a case, the ratio decidendi, and other statements of law, obiter dicta, are explained. The book considers the impact of membership of the European Union (EU) and being a signatory to the European Convention on Human Rights (ECHR). The institutions and personnel of the law, such as juries, judges, and lawyers are covered. The criminal process, from arrest to trial to sentencing, is explained and analysed. Resolution of disputes through the civil courts and tribunals is explained, as is the civil process. Alternative methods of dispute resolution, e.g. mediation and arbitration are also considered.

English Legal System

2020 ◽  
Author(s):  
Steve Wilson ◽  
Helen Rutherford ◽  
Tony Storey ◽  
Natalie Wortley ◽  
Birju Kotecha
Keyword(s):  
Legal System ◽  
Alternative Methods ◽  
European Convention ◽  
The European Union ◽  
Civil Process ◽  
Legal Studies ◽  
System P ◽  
Solid Foundation ◽  
The Law ◽  
The Impact

English Legal System gives an understanding of the operation of the law and the legal system which is essential to the laying of a solid foundation upon which to build further legal studies. After offering practical advice on how to study the English legal system, an overview is given of the nature of law, the sources of law, how the English legal system operates, the courts of England and Wales, and some of the important institutions and personnel of the law. How legislation is made and how it is interpreted are discussed. How judges make law and how this process is governed by the doctrine of judicial precedent are explored. The rule coming from a case, the ratio decidendi, and other statements of law, obiter dicta, are explained. The book considers the impact of membership of the European Union (EU) and being a signatory to the European Convention on Human Rights (ECHR). The institutions and personnel of the law, such as juries, judges, and lawyers are covered. The criminal process, from arrest to trial to sentencing, is explained and analysed. Resolution of disputes through the civil courts and tribunals is explained, as is the civil process. Alternative methods of dispute resolution, e.g. mediation and arbitration, are also considered.

scholarly journals AKAR PEMIKIRAN REALISME DALAM HUKUM ISLAM

Asy-Syari ah ◽  
2016 ◽  
Vol 17 (1) ◽  
Author(s):  
Anwar Sofiyudin Yusuf
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
The Law ◽  
Magnetic Poles ◽  
As If

Talking about realism in Islamic law, it is still a very interesting to be studied, especially if it confronted to the characteristic of idealism in Islamic law. As if they become two magnetic poles which will never be united, realism can be a threat to the ideals of Islamic law itself. In the idealism view, reality must be subject to the law, but in realism view, it is the opposite, it mean that the law should follow reality. However, it is not important whether the law follows the reality or otherwise. The faithful law should follow reality. Because in the end, the legal system is needed to be resolved in every case that occurs in the community. Sosial reality in fact be an important entity in influencing the formation of Islamic law, in the form of fatwas of scholars, Judges decision or the books of fiqh, and not least the Quran and Hadith.

scholarly journals URGENCY CRITICAL LEGAL STUDIES PARADIGM FOR THE PROTECTION OF WOMEN VICTIMS OF DOMESTIC VIOLENCE IN THE DIVORCE CASE

2018 ◽  
Vol 18 (2) ◽  
pp. 167
Author(s):  
Nita Triana
Keyword(s):  
Domestic Violence ◽  
Women Victims ◽  
Qualitative Method ◽  
Islamic Law ◽  
Critical Legal Studies ◽  
New Paradigm ◽  
Legal Studies ◽  
Domestic Violence Victims ◽  
The Law ◽  
Religious Courts

This research describes the protection of women victims of domestic violence in divorce cases. Domestic violence victims are hidden in divorce cases in the Religious Courts. The positivistic paradigm adopted by the Judges gives less protection to victims of domestic violence. The method used in this study is a qualitative method, a type of doctrinal legal research with a socio-legal  approach. Domestic violence victims in the Religious Courts need a new paradigm to provide protection for victims of domestic violence. Religious Court Judges who have a positivistic paradigm see the law as a book (act). The judge in examining the domestic violence in divorce only adheres to the law relating to marriage, namely Law No. 1 of 1974 and Compilation of Islamic Law. Paradigm of Critical Legal Studies. build critical awareness in law enforcement by improving the legal system and carrying out a reformation in the institutions responsible for the protection of victims of domestic violence, one of which is the Religious Courts. Also consider the PKDRT Law No. 23 of 2004 concerning the elimination of domestic violence even covering legal culture of family, community, health and psychological.

scholarly journals The Rights and Obligations of Spouses in Islamic Classic Law

2013 ◽  
Vol 3 (2) ◽  
pp. 183
Author(s):  
Dr.Sc. Juelda Lamçe
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Common Law ◽  
Civil Law ◽  
The Third ◽  
The Past ◽  
Parent Relationship ◽  
The Law

Islamic Law, the third largest global legal system, next to Civil Law and Common Law, has been far -back subject of an increased interest to the academics.  Its main peculiarity is the absorption of theology in the law. There is no clear borderline between juridical and religious regulation. For this reason it is important to understand how certain legal institutes where regulated in the past. In fact, Islamic classic law despite its later evolution is considered the most authoritative legal source, because closest to the Divine Revelation.With regard to the rights and obligations of spouses, they’re conceived in terms of complementary, while their equality is interpreted in terms of moral and spiritual rights and obligations. In order to better comprehend their rights and obligations, it is necessary to analyze the different roles of gender inside the Islamic family.Given the premises, this paper will focus on specific rights and obligations between spouses and with regard to the child-parent relationship. In particular, it will treat the meaning of the supremacy or authority of the man to the woman; the rights and obligations that they have towards the children born in and out of wedlock; the questions on the practice of the polygyny.

scholarly journals SUCCESSION RIGHT OF THE CHILD BORN OUT OF WEDLOCK: AN APPRAISAL OF THE NIGERIAN LAW ON LEGITIMIZATION AND THE ISLAMIC LAW

2021 ◽  
pp. 41-57
Author(s):  
Jamiu Kayode
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Biological Father ◽  
Natural Justice ◽  
Social Challenge ◽  
Putative Father ◽  
The Law ◽  
The Right ◽  
Presence Of People ◽  
Diverse Culture

Succession is a common social challenge. Different people have different approach to it. Pluralism is a feature of Nigerian Legal system due to the presence of people of diverse culture, religion and language. Inheritance of a child born out of wedlock is especially knotty. The law had denied him the right to inherit from his putative father until 1979 when the Nigeria Constitution proscribed discrimination against any Nigerian on the basis of the circumstances of their birth. The same provision is preserved in the 1999 Constitution. The effect is that once the putative father acknowledges the child he is entitled to succeed to his father’s estate after his demise. Shari’ah, the Islamic law, is another system of law in Nigeria which is applicable to the Muslims. Most Muslim jurists hold the opinion that a child born out of wedlock can only inherit from his mother. This opinion is not consensual though. A significant minority has held that the child can inherit from his biological father after acknowledgement. Views of the two schools of thought in this matter were examined in this paper. It was discovered that the opinion that the child born out of wedlock can inherit both parents after legitimation through acknowledgement is preponderant and in tandem with the provision of the Nigerian Constitution and natural justice.

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