scholarly journals Pembaharuan Hukum Waris Islam di Turki

2019 ◽  
Vol 5 (2) ◽  
pp. 181-201
Author(s):  
Umar Faruq Thohir
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Civil Law ◽  
Religious Life ◽  
Inheritance Law ◽  
Muslim Population ◽  
The Past ◽  
Muslim Countries ◽  
The World ◽  
Islamic Countries

It is inevitable that a legal enactment, or reform of Islamic family law in various Muslim countries or countries with a majority Muslim population in the world. This is because the existing law (valid) is still not revealed or has been revealed but is considered not in accordance with the era anymore, due to the different “context” between the past and the present. As Anderson said, Islamic law in Islamic countries was not static at all. The form of renewal that is carried out differs from country to country. First, there are some countries that carry out reforms in the form of laws. Second, there are some countries that carry out reforms based on the decree of the president or king. Third, there are some countries that carry out reforms in the form of judicial provisions. The country of Turkey is the first country to carry out renewal in family law. Updates are carried out in the form of laws. For Turkish Muslims, Hanafi is a school that underlies the religious life formally until 1926, before the existence of legislation legislation that was eclectically codified. The Islamic Civil Law or what is called ¬Majallat al-Ahkâm al-liAdliyah, which most of the material is based on Hanaf madîî actually has been prepared in Turkey since 1876, although it is not comprehensive, because it does not include family law and inheritance law. Keywords: reform of Islamic, Waris, and Turkish Muslims

Promiscuity, Polygyny, and the Power of Revenge: The Past and Future of Burmese Buddhist Law in Myanmar

2016 ◽  
Vol 3 (1) ◽  
pp. 85-104 ◽  
Author(s):  
Melissa CROUCH
Keyword(s):  
Potential Application ◽  
Islamic Law ◽  
Family Law ◽  
The Past ◽  
The World ◽  
History Of ◽  
The Creation

AbstractMyanmar is the only Buddhism-majority country in the world that has developed and maintained a system of family law for Buddhists enforced by the courts. This article considers the construction of Burmese Buddhist law by lawyers, judges, and legislators, and the changes made through legislative intervention in 2015. It begins by addressing the creation and contestation of Burmese Buddhist law to demonstrate that it has largely been defined by men and by its perceived opposites, Hinduism and Islam. Three aspects of Burmese Buddhist law that affect women are then examined more closely. First, Burmese Buddhist law carries no penalties for men who commit adultery, although women may risk divorce and the loss of her property. Second, a man can take more than one wife under Burmese Buddhist law; a woman cannot. Third, restrictions on Buddhist women who marry non-Buddhist men operate to ensure the primacy of Burmese Buddhist law over the potential application of Islamic law. This article deconstructs the popular claim that women are better off under Burmese Buddhist law than under Hindu law or Islamic law by showing how Burmese Buddhist law has been preoccupied with regulating the position of women. The 2015 laws build on this history of Burmese Buddhist law, creating new problems, but also potentially operating as a new source of revenge.

scholarly journals HAK DAN KEDUDUKAN CUCU SEBAGAI AHLI WARIS PENGGANTI DALAM SISTEM PEMBAGIAN WARIS DITINJAU DARI HUKUM WARIS ISLAM DAN KOMPILASI HUKUM ISLAM

2019 ◽  
Vol 19 (1) ◽  
pp. 68
Author(s):  
HAZAR KUSMAYANTI ◽  
Lisa Krisnayanti
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Human Life ◽  
Civil Law ◽  
Legal Protection ◽  
Human Being ◽  
Inheritance Law ◽  
Legal Consequences

Inheritance law is a part of civil law and is part of family law in particular. Inheritance law is closely related to human life, because every human being will experience a legal event, namely death. These legal events will cause legal consequences regarding the continuation of the rights and obligations of a person who has died and also in relation to his family or other people who have rights to their property. The purpose of this research is to know and understand the rights and position of grandchildren in the system of replacing the heirs in Islamic Inheritance Law and Compilation of Islamic Law and to know and understand the legal protection of grandchildren as heirs in the Islamic Inheritance Law and Compilation of Islamic Law. Based on the research, it can be concluded that the position of grandchild as a substitute heir in Islamic inheritance law is not listed in the Al-Quran and Hadith, only recognized through the Ijtihad conducted by the scholars. But in the Islamic Law Compilation the existence of grandchildren is recognized as a substitute for the parents who have died beforehand from the heirs and legal protection against grandchildren as successor heirs through the Compilation of Islamic Law which gives recognition of the position of substitute heirs through confirmation of the existence of heirs substitutes get full legalization where the provisions are not contained in the classic Islamic inheritance law. In addition, most Religious Judges in considering their decisions in terms of inheritance also see the arrangements contained in the Compilation of Islamic Law as a guide.

scholarly journals Cultural and practical aspects of halal slaughtering in food production

2018 ◽  
Vol 74 (1) ◽  
pp. 6023-2018 ◽  
Author(s):  
ABDELBASSET BENZERTIHA ◽  
BARTOSZ KIEROŃCZYK ◽  
MATEUSZ RAWSKI ◽  
AGATA JÓZEFIAK ◽  
JAN MAZURKIEWICZ ◽  
...  
Keyword(s):  
Animal Welfare ◽  
Food Production ◽  
Muslim Population ◽  
Muslim Countries ◽  
Lack Of Information ◽  
The World ◽  
Islamic Countries ◽  
The Status ◽  
Halal Food ◽  
Religious Aspects

The rise in the Muslim population with the economic disability of Muslim countries have made the term halal common all around the world. The lack of information about halal in non-Muslim countries has made the status of imported halal products uncertain for Muslim countries. Halal meat is the most critical product due to the precise rules and requirements needed. In this review, we attempt to explain the types of halal and haram animals as well as the requirements needed for the allowed animals to be halal. Muslims must follow the halal rules mentioned in the Quran, Sunna and doctrines (scholars). The halal animals have been categorized with special and essential slaughtering requirements. However, the slaughtering should be performed in accordance with Islamic rules. The application of animal stunning has been allowed in some Islamic countries since the animal is still alive at the time of slaughtering with respect to animal welfare. Moreover, halal meat loses its halalness as soon as it becomes contaminated with najis (unclean). Indeed, it is important to understand the requirements of halal food, which cover religious aspects..

Is Halal Certification Necessary for Exporting to Islamic Countries? Focus on OIC Countries

Cultura ◽  
2020 ◽  
Vol 17 (1) ◽  
pp. 173-192
Author(s):  
Eun Kyeong YUN ◽  
Hee-Yul LEE ◽  
Dong-Hwan KIM
Keyword(s):  
Supply Chains ◽  
Islamic Law ◽  
Daily Life ◽  
New Products ◽  
Accurate Information ◽  
Islamic State ◽  
Muslim Countries ◽  
The World ◽  
Islamic Countries ◽  
Definition Of

Abstract: Halal means permissible or lawful in Arabic and is applied to both the religious and daily life of Muslims. Islamic Law Shariah requires Muslims to consume halal products only. But with the expansion of supply chains around the world and the development of many new products, Muslim consumers have found it difficult to confirm whether food is halal or not. Also, as many foods are produced in non- Muslim countries and exported to Muslim countries, interest in halal certification in non-Muslim countries is increasing. With several Islamic countries strengthening their halal certification regulation for import in recent years, there is no accurate information on whether halal certification is necessary to export to Muslim countries or the Islamic State, and is lack of clear study of the definition of the Islamic State. Therefore, in this research, we will investigate the constitution and food import regulations of the Organization for Islamic Cooperation (OIC) member states, called the Union of Islamic States, to study the definition of Islamic State and whether halal certification is necessary for food exports.

scholarly journals Kewarisan Masyarakat Muslim dalam Konteks Indonesia

2019 ◽  
Vol 16 (1) ◽  
pp. 1-19 ◽  
Author(s):  
Yuliatin Anzohar
Keyword(s):  
Islamic Law ◽  
Religious Diversity ◽  
Community Life ◽  
Inheritance Law ◽  
Equal Distribution ◽  
Muslim Population ◽  
Male And Female ◽  
The World ◽  
Distribution Principle ◽  
The Individual

: Indonesia is one country that has the largest population in the world. Religious diversity and customs inherent in community life, but does not mean it makes the pluralistic Indonesian society divided and fragmented. Precisely these differences condition they respect and value between one another. Despite the fact that the majority of Indonesian people are Muslims, but the application of the laws of force in it are not necessarily subject to the laws of Islam alone. In the matter of implementation of the division of the estate, Indonesia's Muslim population is very varied, either by using the Islamic inheritance law as well as the customary inheritance law. Islamic inheritance executed by referring to the rules contained in the Compilation of Islamic Law which is certainly a source of law of the KHI major source of al-Quran and al-Hadith that there must be collaboration mujtahids interpretation of a well-formulated for the benefit of Indonesian Muslims. While the implementation of the division of estate, by using the customary inheritance law can be seen in the pattern of distribution of inheritance; 1. mayor at men (indigenous Lampung), the eldest son has full authority to the inheritance of parents, the responsibility of parents turn when their parents died or switched while the oldest boy has been married, children, women do not have rights to inheritance by reason of girls have given a Sergeant at the time of marriage; 2. mayoral women (indigenous Semendo South Sumatra), where the full authority over the estate such as houses, fields, and gardens turn to the oldest daughter "waistband", it manages the estate and can be utilized by all the heirs, apart from such property can be divided according to Islamic inheritance law; 3. The individual (custom Seberang Kota Jambi), inheritance becomes full rights of each of the heirs, both male, and female. The division of the estate according to the agreement with the equal distribution principle or superiority of heirs.

Politik Hukum Poligami (Studi terhadap Peraturan Perundang-Undangan di Negara-Negara Muslim)

2019 ◽  
Vol 13 (1) ◽  
pp. 141-157
Author(s):  
Ismail Marzuki
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Legal Policy ◽  
Islamic Country ◽  
Muslim Countries ◽  
Islamic Countries ◽  
Islamic Family Law ◽  
Legal Policies ◽  
Modern Era

This article discusses Islamic family law politics about regulating polygamy in Muslim countries. The policy of Islamic law in Muslim countries in the modern era can be categorized into two, namely uncodified law, and codified law. The Muslim countries discussed in this article are Muslim countries whose legal politics fall into the codified law category, namely: Turkey, Tunisia, Iran, Indonesia, Egypt, Morocco, and Afghanistan. Although according to fiqh polygamy is something permissible, in practice each Islamic country has a different legal policy related to polygamy, namely: (1) some countries allow polygamy, (2) some allow polygamy with strict conditions, and (3) some prohibit polygamy. In addition, this article also discusses the "progress" of legal policies regarding polygamy from the jurisprudence school of law that are commonly adhered to in each of these Islamic countries. This article shows that legal policies regarding polygamy in Islamic countries included in the codified law category have a variety of styles, some are liberal, conservative, and some are moderate.

Kewarisan Masyarakat Muslim dalam Konteks Indonesia

2016 ◽  
Vol 16 (1) ◽  
pp. 1-18
Author(s):  
Yuliatin Yuliatin
Keyword(s):  
Islamic Law ◽  
Religious Diversity ◽  
Community Life ◽  
Inheritance Law ◽  
Equal Distribution ◽  
Muslim Population ◽  
Male And Female ◽  
The World ◽  
Distribution Principle ◽  
The Individual

Indonesia is one country that has the largest population in the world. Religious diversity and customs inherent in community life, but does not mean it makes the pluralistic Indonesian society divided and fragmented. Precisely these differences condition they respect and value between one another. Despite the fact that the majority of Indonesian people are Muslims, but the application of the laws of force in it are not necessarily subject to the laws of Islam alone. In the matter of implementation of the division of the estate, Indonesia's Muslim population is very varied, either by using the Islamic inheritance law as well as the customary inheritance law. Islamic inheritance executed by referring to the rules contained in the Compilation of Islamic Law which is certainly a source of law of the KHI major source of al-Quran and al-Hadith that there must be collaboration mujtahids interpretation of a well-formulated for the benefit of Indonesian Muslims. While the implementation of the division of estate, by using the customary inheritance law can be seen in the pattern of distribution of inheritance; 1. mayor at men (indigenous Lampung), the eldest son has full authority to the inheritance of parents, the responsibility of parents turn when their parents died or switched while the oldest boy has been married, children, women do not have rights to inheritance by reason of girls have given a Sergeant at the time of marriage; 2. mayoral women (indigenous Semendo South Sumatra), where the full authority over the estate such as houses, fields, and gardens turn to the oldest daughter "waistband", it manages the estate and can be utilized by all the heirs, apart from such property can be divided according to Islamic inheritance law; 3. The individual (custom Seberang Kota Jambi), inheritance becomes full rights of each of the heirs, both male, and female. The division of the estate according to the agreement with the equal distribution principle or superiority of heirs

scholarly journals AL-KHULUW (KOMPENSASI PELEPASAN HAK) ANTARA TEORI, PRAKTIK, DAN SOLUSI EKONOMI KONTEMPORER

2018 ◽  
Vol 12 (2) ◽  
pp. 347-371
Author(s):  
Mustofa Mustofa ◽  
Manshur Idris
Keyword(s):  
Islamic Law ◽  
Stock Exchange ◽  
Science And Technology ◽  
The Road ◽  
The Past ◽  
Economic Practices ◽  
The World ◽  
Islamic Countries ◽  
Almost All ◽  
Lease Agreement

Economy continues to grow rapidly especially supported by the advancement of science and technology which increasingly encourages the creation of economic practices that have never happened in the past, the distance between one country and another is getting closer, so it is possible to do transactions between countries both individually and institutionally. In the fields of trade, investment, export-import, stock exchange, leasing, buying and selling, bonds and almost all developing economic practices require answers and legal solutions for Muslims so that their implementation is in accordance with the guidelines of Islamic law, for the sake of the realization of the benefit and goodness of the world and the hereafter. Al-Khuluw (releasing rights) is one of the economic practices developed today in the lease agreement. This practice has developed in several Islamic countries, such as Egypt, Morocco, Iraq and Syria. Al-Khuluw practice is a contract in which the land owner, house or shophouse asks for a sum of money outside the rental price according to the agreement as compensation for him who has rented the place to the tenant or the owner gives money outside the rental price according to the tenant to cancel the contract in the middle the road due to certain reasons, or the first tenant rents his place to the second tenant by accepting money outside the rental price according to the agreement as compensation for the first tenant.

scholarly journals Wakaf dan Politik di Tunisia

2015 ◽  
Vol 15 (2) ◽  
Author(s):  
Budi Juliandi
Keyword(s):  
Saudi Arabia ◽  
Sri Lanka ◽  
19Th Century ◽  
Family Law ◽  
Women’S Rights ◽  
Muslim Countries ◽  
Brunei Darussalam ◽  
The World ◽  
Islamic Countries ◽  
The 19Th Century

For some experts, Tunisia is tended to be the most progressive, liberal and radical among other Islamic countries in the world, particularly in addressing the issues of women's rights and the prohibition of polygamy. However, development in the areas of family law is not followed by progress in other fields, mainly in the development of waqf.  For this case, Tunisia is the most underdeveloped compared to other Muslim countries, such as Saudi Arabia, Egypt, Pakistan, Bangladesh, Sri Lanka, Jordan, Brunei Darussalam, Malaysia, and Indonesia; even though, around the 19th century, the contribution of waqf land of Tunisia in 1883 had reached 1/3 of the entire ownership of the land. Currently, Tunisia Tunisia do not yet have the institutions and the laws governing the waqf.DOI: 10.15408/ajis.v15i2.2857

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

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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