scholarly journals Nafkah Saudara Sedarah Sesisi (Hawashi) dalam Undang-Undang Islam Di Malaysia

2020 ◽  
Vol 32 (2) ◽  
pp. 320-340
Author(s):  
Azizah Mohd ◽  
◽  
Badruddin Hj Ibrahim ◽  
Siti Zainab Abd Rashid
Keyword(s):  
Islamic Law ◽  
Muslim Countries ◽  
Library Research ◽  
The Law

Under Islamic law, blood relatives from among hawashi (collateral kin) fall into the category of those who deserve nafaqah (maintenance), especially whenever they are in need or when they are incapable of maintaining themselves, while at the same time having relatives who are capable and well off. This research discusses maintenance for collateral relatives as an instrument to ensure continuous protection of relatives under Islamic law. The discussion includes the views of the fuqaha on maintenance to hawashi in Islam. It also reviews the basis for the responsibility to maintain relatives including relevant principles in the Quran and the Sunnah of the Prophet SAW, the discussion and views of contemporary fuqaha (Islamic jurists) on the extent of a person’s responsibility to maintain relatives. Further, this research also analyses the application of Islamic law in Malaysia in relation to one’s responsibility to maintain relatives. For the purpose of comparison, discussion will also include provisions of the law on maintenance for relatives in several Muslim countries. The research was conducted through library research and analysing the treatises of Muslim jurists, as well as the provisions of Islamic law on maintenance for collateral relatives. The findings of this research are deemed significant to improve the existing provisions on Islamic law relating to maintenance in Malaysia.

scholarly journals Analisis Hukum Bunga Bank Ditinjau dari Perspektif Maqashid Syariah

2019 ◽  
Vol 3 (1) ◽  
Author(s):  
Sya Rifah Isnaeni
Keyword(s):  
Islamic Law ◽  
Conceptual Approach ◽  
Operational Costs ◽  
Library Research ◽  
The Law ◽  
The Difference ◽  
Conventional Banks

The background of this research is the exixtance of the difference opinion between ulama and moslem scholars about the law of interest in Islam, which is until now still not discovered the solusion opinion and it make interesting for the researcher to make a research about the object more deep and more wide. But the researcher will not use Islamic law perspective as analysis basic, the researcher will use the objectives of sharia as analysis basic.This research is limited by several problems as following: (1) Why bank interest is needed by conventional banks? And (2) How is the law of interest if observed from the objectives of syariah (maqashid sharia)?This research is a library research. In this research the researcher choose to use a conceptual approach because the purposes which need to be achieved trouhg this research is to result an Islamic law thought about the law of interest which is not being bounded by the opinions or theories launched by majority of the moslem scholar. So this research can originally refer to the objectives of the sharia as what has been agreed by majority of ulama.The results of this research there are: (1) the interest is a money amount addition which have to paid by bank to the costumer based on the loan percentage that given by bank to their customer. Bank interest is used for the Bank's operational costs, if there is no interest instrument, it is likely that the Bank will not be able to survive. And (2) there are three opinions of ulama’s law judgments about the law of interest, it is forbidden (haram), permitted (halal) and dubious (shubhat). If this law opinions observed based on the objevtives of sharia, the researcher can make a conclusion that the opinion which is permit the interest is the most according to the objectives of sharia, and it is related to the concept of hifz al-nafs (take care of soul) and hifz al-mâl(take care of property) than the opinion whih has been forbid the interest. The permitted law of interest in the concept of hifz al-nafs (take care of soul) can be located in the dharuriyah, hajiyah and tahsiniyah degrees. While The permitted law of interest in the concept ofhifz al-mâl(take care of property)can be located in the dharuriyah and hajiyah degrees. Keywords: Interest, Usury, Maqashid Sharia, hifz al-nafs (Take care of soul), hifz al-mâl (Take care of Property).

scholarly journals HUKUM ISTRI MENCARI NAFKAH DALAM TINJAUAN MAQASHID SYARIAH

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

<p><em>In common tradition, m</em><em>aking 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).</em></p><p><em><br /></em></p>

Compelling Defendant's Appearance at Court in Islamic Law

1996 ◽  
Vol 3 (3) ◽  
pp. 305-315 ◽  
Author(s):  
Farhat Ziadeh
Keyword(s):  
Islamic Law ◽  
Roman Law ◽  
Legal Representative ◽  
Legal Systems ◽  
The West ◽  
Modern Times ◽  
Muslim Countries ◽  
Primary Function ◽  
Long Time ◽  
The Law

AbstractDifferent legal systems have employed a variety of measures to insure the appearance of the defendant in court. The earliest conception of an action in Rome and in pre-Islamic Arabia was the voluntary appearance of both parties before a recognized or prestigious authority. Thus, early Roman law could not pass judgment against a defendant who failed to appear, either voluntarily or involuntarily. The idea that the court could give a judgment in the plaintiff's absence—the so-called judgment by default—took a long time to materialize in the West. Classical Islamic law requires that the defendant or his legal representative (wakīl) be present for a judgment to be given. This requirement is predicated on the assumption that the primary function of the judge is conciliation of the parties and not necessarily the vindication of rights. The law describes various measures that may be employed to force the defendant to appear in court. Failing that, it provides for the appointment of a legal representative for the defendant. Judgment by default was introduced into Muslim countries only in modern times under the influence of Western codes of procedure.

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 Indonesian Jurisprudence: Islamic Law Transformation In Law System Of Indonesia

2020 ◽  
Vol 19 (2) ◽  
pp. 303-318
Author(s):  
Ahmad Edwar
Keyword(s):  
Content Analysis ◽  
Islamic Law ◽  
Analysis Method ◽  
Law System ◽  
The Third ◽  
Library Research ◽  
Content Analysis Method ◽  
The Law ◽  
Definition Of ◽  
Islamic Marriage

INDONESIAN JURISPRUDENCE: ISLAMIC LAW TRANSFORMATION IN LAW SYSTEM OF INDONESIA.: This study discusses about the idea of Islamic law renewal in Indonesia, as well as the figures, and it makes the term of Indonesian Jurisprudence and its formalization into the law system of Indonesia. The purpose of this study is to find the answer of these following points: Firstly, the interpretation or definition of Indonesian Jurisprudence concept; secondly, the figures who proposed Indonesian Jurisprudence and the result of their thoughts; and the third, the formalization of Jurisprudence concept with Indonesian nuance in the law system Indonesia. This study was a library research with a content analysis method. The results of this study are: (1) Indonesian Jurisprudence could be interpreted as a Jurisprudence concept that is more Indonesian local-based; (2) Hasbi As-Shiddiqi and Hazairin are two figures who proposed Indonesian Jurisprudence model, apart from other intellectuals. Hasbi is one of modernists who offered his ideas comprehensively, started from his “Indonesian Jurisprudence” concept until the law renewal including its principle and method. Meanwhile Hazairin offered the development of a new heritage system which interpreted and elaborated based on Al-Qur’an scriptural perception and Sunnah which is not a patrilineal system but bilateral (family model); and (3) formalization of Indonesian Jurisprudence concept produces some ordinance regulation products which are important formally and materially, such as Ordinance of Islamic Marriage Law, and also other rules under the Ordinance, such as Government Law, President Instruction, and Supreme Court Law, as well as Islamic Law Compilation and Sharia Economic Law Compilation

scholarly journals SOCIAL PROTEST MOVEMENT ISLAMIC LAW PERSPECTIVE (Critical Study of the Protest Phenomenon in Indonesia)

2021 ◽  
Vol 9 (2) ◽  
pp. 211
Author(s):  
Abdul Harris Abbas ◽  
Hasyim Aidid ◽  
Musafir Pabbabari ◽  
Marilang Marilang
Keyword(s):  
Islamic Law ◽  
Freedom Of Expression ◽  
Social Protest ◽  
Islamic State ◽  
Protest Movement ◽  
Sociological Approach ◽  
The Earth ◽  
Library Research ◽  
The Social ◽  
The Law

This study formulates three problems which include: (1) The principles of the social protest movement from the perspective of Islamic law; (2) Methods and techniques for conducting demonstrations from the perspective of Islamic law; (3) The social impact of demonstrations in Indonesia from the perspective of Islamic law. This study uses a qualitative method (descriptive-analytic). Based on the data source is library research (library research). The approach used is the sociological approach of Islamic law and the siyasah fiqh approach. In the perspective of scientific studies, these two approaches are used to understand the phenomenon of demonstrations in Indonesia based on legal arguments contained in the Qur'an and Hadith, the opinions of fuqaha' and opinions that develop (ijitahad) at a time in life. Muslims. Meanwhile, from a methodological perspective, these two approaches are used to provide an interpretation of the methodology of Islamic law on the concept and practice of demonstrations based on social movement theory and Islamic political theory. The results of this study found that: The principles of the Islamic social protest movement are built on the doctrine of rights and obligations between the people and the rulers in an Islamic state which include: the principle of hisbah; The principle of freedom of expression; The principle of deliberation; and constitutional principles. Based on the method of carrying out the demonstration, there are 2 methods, namely the exclusive method and the inclusive method. Based on the technique of holding demonstrations, there are 3 levels, namely: (1) demonstrations with the ability and strength of the masses; (2) demonstration with verbal ability and strength; (3) protest with the ability of the heart. Through the istislahi approach, that Islamic law strongly condemns all demonstration activities that cause harm to religion, soul, mind, descendants and property. On the other hand, he strongly supports all demonstration activities that uphold the five maintenances (Maqasid al-khamsah). That demonstrations are not at all motivated by passion or personal tendencies, let alone to cause damage to the earth. It is an obligation not just an appeal for those who can afford it. The law is fardu kifayah. Turning away from that obligation is the same as carrying oneself That demonstrations are not at all motivated by passion or personal tendencies, let alone to cause damage to the earth. It is an obligation not just an appeal for those who can afford it. The law is fardu kifayah. Turning away from that obligation is the same as carrying oneself That demonstrations are not at all motivated by passion or personal tendencies, let alone to cause damage to the earth. It is an obligation not just an appeal for those who can afford it. The law is fardu kifayah. Turning away from that obligation is the same as carrying oneself.

scholarly journals Kafa’ah among the Hadrami Arabs in the Malay World (Anthropology of Law Approach)

2020 ◽  
Vol 8 (2) ◽  
Author(s):  
Imam Subchi
Keyword(s):  
Web Search ◽  
Islamic Law ◽  
Legal Certainty ◽  
Electronic Library ◽  
Library Research ◽  
Legal Perspective ◽  
Umayyad Dynasty ◽  
The Law ◽  
Ebsco Host ◽  
Religious Propositions

This article explores how Hadrami Arabs have been maintaining the law of kafa’ah marriage or endogamy marriage in the Malay world—in this instance Indonesia and Malaysia and, to some extent, Singapore—from the early 1990s to the present. Arabs, mostly of Hadrami descent, are carrying their traditions everywhere in their diaspora. Moreover, those traditions are related to the Islamic law of endogamy marriage. This study employs a qualitative research method. Library research is used in collecting data, published or unpublished documents. Data sources are done with a web search using the following databases: Google Scholar, Ebsco-host, Research gate, Sage Journal, Scientific Electronic Library Online (SciELO), and others. The results and discussion of the research explain that the process of the establishment of the tradition of endogamy marriage has begun since their existence in Hadramaut to preserve offspring, because they became the target of the murder of the Umayyad dynasty. In Hadramaut, they established Naqabah Asyraf Kubra, which served to record the genealogy and maintain the Syarifah ((female descendants of Prophet Muhammad) in order to obey the law of endogamy marriage. On the other hand, this paper will also examine issues related to the existence of the Arab’s community diaspora in the state order in the legal perspective reviewed from the guarantee of its legal certainty. The conclusion in this study is that in the end the issue of Syarifah marriage with this akhwal depends very much on the perspective of the community either from Alawiyyin group or not. Rigid attitudes towards traditions supported by religious propositions will still be able to preserve this. However, how big is the tradition of the law of endogamy marriage able to withstand the onslaught of globalization and modernization that continues to run, because some Syarifah groups question and even break out of or disobey this tradition.

scholarly journals Syariat Islam dalam Perspektif Negara Hukum Berdasar Pancasila

2017 ◽  
Vol 11 (2) ◽  
pp. 160-173
Author(s):  
Nurrohman Syarif
Keyword(s):  
Islamic Law ◽  
Global Level ◽  
Islamic Perspective ◽  
Muslim Countries ◽  
The Law

Revitalisasi ideologi dalam perspektif Islam, baik pada tingkat nasional maupun global selalu bermuara pada aspirasi dan tuntutan untuk mengimplementasikan syariat atau hukum Islam secara total (kaffah). Dalam Negara hukum Indonesia, aspirasi dan tuntutan semacam itu tidak selalu bisa dipenuhi. Hal ini karena Negara hukum Indonesia, sejak awal dibangun atas dasar semangat kebangsaan yang didasarkan atas prinsip ketuhanan, kemanusiaan, keadilan, dan kesetaraan atau persamaan bagi setiap warga Negara didepan hukum. Oleh karena itu aspirasi dan tuntutan penerapan syariat Islam selalu mengalami kendala bila didalamnya terdapat unsur diskriminatif atau unsur lain yang dapat menghilangkan jaminan dan perlindungan terhadap hak asasi warga negara yang sudah dijamin oleh konstitusi. Paper ini akan menjelaskan tentang pengertian dan karakter syariat, tujuan syariat, model-model penerapan syariat di sejumlah Negara Muslim, model atau teori penerapan syariat Islam di Indonesia menurut sejumlah pakar, pilihahan atau alternative yang bisa digunakan untuk memperjuangkan aspirasi dan tuntutan implementasi syariat Islam di Indonesia dan ditutup dengan simpulan. Revitalization of ideology in Islamic perspective, both at national and global level always leads to aspirations and demands to implement sharia or Islamic law in total (kaffah). Within the legal State of Indonesia, such aspirations and demands can not always be met. This is because the Indonesian state of law, from the beginning built on the spirit of nationality based on the principle of divinity, humanity, justice, and equality or equality for every citizen in front of the law. Therefore, the aspirations and demands of the application of Islamic Sharia always experience constraints if in it there are discriminative elements or other elements that can eliminate the guarantee and protection of citizens rights that have been guaranteed by the constitution. This paper will explain the understanding and character of the Sharia, the purpose of Sharia, models of Sharia application in some Muslim countries, the model or theory of application of Islamic Shariah in Indonesia according to some experts, alternatives or alternatives that can be used to fight for aspirations and demands of the implementation of Islamic Shariah Indonesia and concluded.

scholarly journals Various Methods of Establishing Contemporary Islamic law

2020 ◽  
Vol 10 (1) ◽  
pp. 39-58
Author(s):  
Firdaus Firdaus ◽  
Ahmad Juneidi ◽  
Lola Astari ◽  
Firda Mustika Sari
Keyword(s):  
Islamic Law ◽  
Sharia Law ◽  
Library Research ◽  
The Law

The first source of Islamic law is al-Qur'an, after the new Al-Qur'an, the Hadith of the Prophet SAW. When searching for a law that not contained in the Al-Qur’an and al-Hadith, way to do is using ijtihad (raʻyu). This ijtihad is the mobilization of all the abilities of a fuqaha 'to find sharia law,' and the person who discovered it was named Mujtahid. The scholars in using this ra'yu issued many methods as a tool to install the law, such as: ijma 'which is the ahlul ilmi agreement on the law of an event with the condition that the scientists gather at the same time Qiyas, istihsan, istishab, 'urf. The purpose of this paper is to explain contemporary ijtihad methods that can be used to perform istinbath law. The discussion discussed in this paper is about the various ways of establishing modern Islamic law. The methodology used in this paper is the type of library (library research), namely by referring to books relating to fiqh and ushul fiqh. From the author's analysis that the methods used to establish Islamic law in the contemporary period are no different from the methods used previously, namely sourced from the Qur'an, Hadith, and ijtihad of the scholars who have mujtahid criteria.  

scholarly journals PEMBAHARUAN HUKUM ISLAM DI INDONESIA DAN TOKOH-TOKOHNYA

2019 ◽  
Vol 19 (2) ◽  
pp. 239
Author(s):  
Zulhamdi Zulhamdi
Keyword(s):  
Middle East ◽  
North Africa ◽  
Government Regulation ◽  
Islamic Law ◽  
Law Reform ◽  
Muslim Countries ◽  
National School ◽  
Library Research ◽  
Legal Thinking ◽  
Ownership Of Land

The emergence of new problems or problems in the community that really need legal clarity, all of which have not been answered in either the Qur'an or the Hadith, in connection with the cessation of revelation and the death of the Prophet Muhammad who acted as a mediator between revelation and the reality that lived at that time. The renewal of Islamic law is the solution, the purpose of this paper is to find out the concepts of Islamic law reform and figures who contribute to the renewal of Islamic law. The type of research is descriptive qualitative with library research, namely research that is directed and focused on the study and discussion of library materials that have to do with the problem being studied, Overall, the renewal of Islamic law in Indonesia runs rather slowly compared to other Muslim countries, especially in the Middle East, North Africa, India and Pakistan. However, the realization of the marriage law number 1 of 1974, government regulation number 9 in 1975, Government regulation number 10 of 1983, government regulation number 28 of 1977 concerning the ownership of land, and the realization of the compilation of Indonesian Islamic law in 1991 were the dynamics of renewal of Islamic legal thinking that must be grateful, as for the characters and the ideas are: 1) Hasbi Ash-Shiddieqy (Indonesian Jurisprudence); 2) Hazairin: Indonesian National School; 3) Munawir Syadzali: Reactualization of Islamic Law; 4) Ibrahim Hosen: Making Nash Qat'i fun; 5) Ali Yafie and Sahal Mahfuz: Social Jurisprudence.

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