The significance of religious law within state law

2020 ◽  
pp. 138-160
Author(s):  
Burkhard Josef Berkmann
Keyword(s):  
QAWWAM ◽  
2019 ◽  
Vol 13 (2) ◽  
pp. 101-122
Author(s):  
Nurmala Fahriyanti

In Mataram West Nusa Tenggara, people is lives are regulated on daily basis by religious law, traditional (adat) law and state law. To understand these complex cultural and religious processes as they affect women in particular, I will examine the issue of divorce, also known as sue divorce. This tipe of divorce is socially-sanctioned. I will focus my examination in Mataram, an city of Lombok West Nusa Tenggara. In Lombok society marriage constitutes an important part of the life cycle.  Someone is not considered an adult until marriage.  Marriage is not only united two individual, but also united two families. However this dream canot be realized over the long term.  If family problems arise and  there are no suitable solutions, people may choose to divorce. For instance, if a wife unable to fulfill her obligations as a wife, her husband can divorce her by verbal means alone, according to any of the three existing legal systems (religious customary or state law). By contrast, if her husband unable to fulfill her obligations as a husband his wife can divorce him in only one way by making an application to Islamic Court to do divorce. In marriage available successful couple builds the family that sakinah, mawaddah and warahmah. But then available also that unsuccessful and end with separate or divorce. Separate constitutes a thing that often happens deep good human life divorce the initiating from the husband and also divorce the initiating from the wife, that its cause islamic law puts attention that adequately significant to that thing. It can appear if understand about islamic law, undoubtedly will find both of previous thing and its terminological  islamic law. There is no divorce without started by marriage. But upon that aim not attained, therefore divorce constitutes last way out that must been sailed through. Divorce can't be done but there is grounds which corrected by religion, adat and state law. In islamic law, that divorce grounds experience developing according to social development. Basically islamic law establishes that divorce reason which is wrangle which really culminates and jeopardize the so called soul safety with “ syiqaq ”. Intention is if worried a couple its happening dispute (dispute not only means wrangle among husband or wife can also distinctive principle and opinion) therefore delegate a someone of its husband family and a someone of wife family. And if both of wife and husband will goodness and they can make resolution and look for the solution, but if there are suitable solution wife or husband can do divorce.


2019 ◽  
Vol 4 (1) ◽  
pp. 14-30
Author(s):  
Ratno Lukito

The distinction in the normative character of legal traditions will give an effect of the state different attitude to those traditions. In the case of Islamic law and adat law in Indonesia, we see that although having different basic character in terms of its foundation of legal creation, Islamic law can relatively be closer to the character of the state law, which is uniform and nationally effective. It is clear here that the nationalization of Islamic law built on the basis of its adherents, and not on the tribe, clan, language, or other local denominations, becomes an effective tool for its rapprochement with the state law, which is also nationalized on the basis of citizenship. Thus, although it is not possible to equalize Islamic law and state law due to the sacredness of the religious law, the scope in the efficacy of both laws can be an effective means of legal rapprochement. This is however not the case with adat law. The character of adat law as a local and heterogeneous legal tradition is intrinsically not in line with the philosophy of national law, which is anti-localism and homogeneous. It is just impossible to bring adat law to become an effective law for all Indonesian citizens. As a result, the rapprochement is difficult between adat law and state law.


2016 ◽  

This volume has as its subject reflections on religious affiliation in the theory of law, political constitutions and the reality of law in Eastern Europe. How did parliamentary representations, religious communities, scholars and writers imagine an ethnically as well as religiously heterogenous society? How did changes in power affect the life and the institutions of the various religious communities? On which levels did religious law, enlightened reason and state law compete against each other? How was ethnic and religious coexistence conceived theoretically and enacted locally? The contributions to this volume, presenting the outcome of an international conference held in Lviv, discuss these questions from the perspectives of historical, anthropological, legal and literary sciences.


2019 ◽  
pp. 788-868
Author(s):  
Uwe Kischel

This chapter describes Islamic law. Islamic law is not the law of a single state, but rather a religious law of special importance, whose prominence has increased over the last few decades. It is therefore necessary to distinguish between Islamic law and the law in states with predominantly Muslim populations. The defining characteristic of Islamic law is its religious origin and character. In contrast to all state law, it is based on a God-given text, the Koran. Thus, at its core, it is itself divine in nature, not the product of mankind. This explains its special status and claims, but also its special problem. Meanwhile, the latter body of law is geared toward classical Islamic law to widely varying extents. Islamic law is by no means the only example of religious law, but other bodies of religious law—such as Jewish or canon law—are much less significant in the current times.


2019 ◽  
Vol 87 (3) ◽  
pp. 662-692 ◽  
Author(s):  
Benjamin Schonthal

AbstractPublic disputes over the legal regulation of religion are often portrayed as naturally occurring conflicts between competing normative systems: religious law and state law. What, then, explains why some normative frictions become the focus of major controversies, whereas others do not? This article tries to answer this question, while examining a genre of religious law that has not received much attention by scholars of law and religion, Buddhist law in Sri Lanka. Drawing on monastic disciplinary texts, legal archives, and representations of law taken from online and popular media, this article analyzes how and why a minor, routine friction between Buddhist ecclesiastical rules and Sri Lankan statutory regulations—a dispute over whether a monk may wear his robes in prison—came to be portrayed as a grand contest between two incompatible regimes: “Buddhist law” and “state law.”


2019 ◽  
Vol 2 (3) ◽  
pp. 323
Author(s):  
Ridha Maulana
Keyword(s):  

Aceh merupakan salah satu provinsi di Indonesia yang memilki beberapa sistem hukum. Provinsi Aceh dipandang sebagai provinsi yang memiliki status otonomi khusus bercorak multikultural, karena kemajemukan sistem hukum dalam masyarakatnya. Kemajemukan (Pluralisme) sistem hukum di Aceh disebabkan karena adanya keberagaman suku dan penerapan nilai-nilai Agama Islam dalam setiap sendi kehidupan masyarakat Aceh, terutama di bidang penegakan hukum. Keberagaman (Pluralisme) sistem hukum yang hidup dan berlaku di Aceh mendapat kekuatan hukum dan pengakuan dari pemerintah Indonesia dengan disahkannya Undang-Undang Nomor 11 Tahun 2006 Tentang Pemerintahan Aceh, Sehingga selain berlakunya sistem hukum negara (state law), secara de facto di Aceh juga berlaku sistem hukum adat (adat law), dan sistem hukum agama/hukum Islam (religious law/ Islamic law).


2018 ◽  
Vol 10 (2) ◽  
pp. 115
Author(s):  
Murdan Murdan

This paper will discuss the side of the interlegality and interlaw among customary law, religious law and state law in tribal societies in Indonesia, which is focused on the marriage of Sasak people. As an Indonesian local community, the Sasak community has their own local laws in undergoing interactions and social contracts between each other, especially in matters of marriage. Along with the embrace of Islam by the Sasak community, the Islamic law also contributes in decorate every process of the marriage. In addition to the existence of customary law and Islamic law that adorn the marriage of the Sasak community, there is also a modern legal tradition, namely state law. As part of the Indonesian society, the Sasak people cannot escape the great influx of modern legal tradition or national law positivism, which is directly echoed by the state. Departing from this illustration, the discussion in this paper includes: the interlegality between Sasak customary law and religious law (Islamic law); the interlegality between Sasak customary law and state law; and the last is the interlegality among Sasak customary law (local legal order), religious law (Islamic law/Islamic legal order), and state law (state legal order).Tulisan ini akan membahas sisiinterlegalistikantara hukum adat, hukum agama dan hukum negara pada masyarakat kesukuan di Indonesia, yang difokuskan pada perkawinan masyarakat suku Sasak. Sebagai masyarakat lokal Indonesia, masyarakat Sasak memiliki hukum lokal sendiri dalam menjalani intraksi dan kontrak sosial antara satu sama lain, khususnya dalam persoalan perkawinan. Seiring dengan dipeluknya agama Islam oleh masyarakat Sasak, maka hukum Islam pun memberi andil dalam menghiasi setiap proses-proses perkawinan itu. Selain keberadaan hukum adat dan hukum Islam yang menghiasi perkawinan masyarakat Sasak, terdapat juga tradisi hukum modern, yakni hukum negara. Sebagai bagian dari masyarakat Indonesia, masyarakat Sasak tidak bisa melepaskan diri dari arus besar legisme atau positifisme hukum nasional, yang secara langsung digaungkan oleh negara. Berangkat dari ilustasi ini, maka pembahasan dalam tulisan ini meliputi: interlegalistik antara hukum perkawinan adat Sasak dan hukum agama (Hukum Islam); interlegalistik antara hukum perkawinan adat Sasak dan hukum negara; dan terakhir adalah interlegalistik antara hukum perkawinan adat Sasak, hukum agama (hukum Islam), dan hukum negara.


2008 ◽  
Vol 10 (3) ◽  
pp. 355-356
Author(s):  
Layla Wilkie-Buckley

On 11 and 12 March, an international and interdisciplinary conference was held at Cardiff Law School to mark the tenth anniversary of the foundation of its Centre for Law and Religion. Eleven professors, all of whom are leading scholars with international reputations in this field, addressed the changing understandings of the family in international law, state law and religious law. The papers given provided a clear illustration of the vast array of areas in which law, religion and the family interplay and affect each other through the application of the law, such as legislative developments concerning same-sex relationships, biomedicine and religious reservations, and developments that illustrate a changing understanding of what constitutes a family.


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