scholarly journals Role of Forensic Evidence in Upholding Justice: Exploring Islamic Law and the Experience of Syariah Courts in Malaysia

2021 ◽  
Vol 29 (2) ◽  
Author(s):  
Abdul Basir Mohamad ◽  
Nurbazla Ismail
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
Family Law ◽  
Case Reports ◽  
Document Analysis ◽  
Analysis Data ◽  
Legal Basis ◽  
Forensic Evidence ◽  
Law Of Evidence

In Islamic law of evidence, there are several forms of evidence commonly used by courts to establish facts. In today’s era, a form of evidence called forensic evidence has also emerged. A question then arises, what is the appropriate legal basis for acceptance of this forensic evidence in the Islamic law of evidence. This paper focuses on the evolution of the Islamic law of evidence and investigates the position of forensic evidence in Islamic law from sources such as the Quran, the Prophet’s traditions, and the practices of the Companions of the Prophet. In addition, this study also looks at the experience of the Malaysian Syariah Courts in terms of how forensic evidence is dealt with in hearing family law cases. The research design of this study is content analysis. Data were obtained by document analysis, including books, papers, journals, case reports, and other records relating to the role of forensic evidence. The methods used to interpret the data for this qualitative research are analytical and deductive. As a result, it can be said that forensic evidence is not an unfamiliar matter in the Islamic law of evidence. In fact, forensic evidence has been relied on by the Syariah Courts of Malaysia in making several decisions for certain cases in order to ensure that justice is upheld in society.

PEMBAHARUAN HUKUM ISLAM DI MESIR DAN SUDAN: STUDI KOMPARASI

2021 ◽  
Vol 2 (3) ◽  
pp. 1
Author(s):  
Asrizal Saiin ◽  
Hasbi Umar ◽  
Hermanto Harun
Keyword(s):  
Qualitative Research ◽  
Research Method ◽  
Islamic Law ◽  
Secondary Data ◽  
Western Civilization ◽  
Normative Approach ◽  
Western Imperialism ◽  
Secondary Data Source ◽  
Data Source

This paper discusses how the renewal of Islamic law occurred in Egypt and Sudan. This study uses a qualitative research method with a normative approach. The data source used in this study is a secondary data source, because it only examines the literature or literature. From the results of this study, it can be understood that the role of the countries of Egypt and Sudan in fighting for qanunization (taqnin) and the formalization of Islamic law is very large. Even though they have to go through the challenges of Western imperialism and secularism, so that Islamic societies and countries have variations in responding to Western civilization today. The renewal of Islamic law in Egypt and Sudan occurred because of the struggle of Muslims in Egypt and Sudan with the rulers of the Islamic world, between secularism and Islamic law.

scholarly journals The role of Christian institutions in witnessing to students of the Muslim faith: The case of the University of Eastern African Baraton in Kenya

2016 ◽  
Vol 50 (1) ◽  
Author(s):  
Rebecca J. Lagat
Keyword(s):  
Qualitative Research ◽  
Religious Education ◽  
Research Design ◽  
Document Analysis ◽  
Muslim Students ◽  
Qualitative Research Design ◽  
The University ◽  
Basic Philosophy ◽  
New Strategies

The University of Eastern African, Baraton (UEAB) mission is concerned with providing a religious education in a holistic environment. This includes education in the gospel globally by recruiting students from all spheres including those of other faiths. The aim is witnessing to them during their four-year stay at the institution with the hope of introducing them to the Adventist faith. The main focus of this study was to establish whether the UEAB was true to its basic philosophy of witnessing to people of other faiths – in this case by engaging Muslim students. A qualitative-research design was adopted for the study. The data was collected by means of document analysis, interviews and observations. Fifteen administrators and twelve Muslim students were used for the investigation. The study investigated the strategies and channels to evangelise students from other faiths contextually, and ascertain whether the UEAB indeed is living up to its own vision and mission. Recommendations are put forward to engage students from other faiths through more personnel and, for instance, new strategies to engage the Muslims on campus through friendship evangelisation.

scholarly journals CHARACTERISTICS AND ESSENCE OF FATWAS ON ISLAMIC ECONOMIC LAW IN INDONESIA

2021 ◽  
Vol 9 (1) ◽  
pp. 155-174
Author(s):  
Doli Witro ◽  
Atang Abdul Hakim ◽  
Koko Komaruddin
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
The Political ◽  
Historical Approach ◽  
State Institutions ◽  
Normative Approach ◽  
Economic Law ◽  
Political Approach ◽  
Islamic Economic

In Indonesia, one of the institutions authorized to issue fatwas is the Indonesian Ulama Council (MUI). MUI is an institution with the role and authority to issue fatwas for Indonesian citizens who are diverse in Islam which are not mentioned in the Al-Quran and Hadith. Although not all groups can accept the fatwa issued by the MUI or there are reaping criticism and controversy by some circles, the influence and role of the MUI fatwa are considerable in maintaining the peace of the Indonesian people. Departing from this, it is essential to see fatwas based on the characteristics and essence of fatwas on Islamic economic law. This paper is conducted in qualitative research. There are several approaches used in this paper, namely, the normative approach, the historical approach, and the political approach. This paper aims to reveal the characteristics and essence of fatwas on sharia economic law in Indonesia. The analysis results show that fatwas as a product of Islamic law are identical to fiqh and have inherent specific characteristization. In essence, a fatwa can become state law if there is recognition through competent state institutions.

scholarly journals Tinjauan Hukum Islam tentang Pembebanan Mut’ah dan Nafkah Iddah terhadap Suami yang Murtad (Studi Kasus Putusan Pengadilan Agama Nganjuk No: 1830/Pdt.G/2016/PA.Ngj)

2019 ◽  
Vol 3 (2) ◽  
pp. 365
Author(s):  
Rika Fitriani ◽  
Abdul Aziz
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
Field Research ◽  
Qualitative Approach ◽  
Court Decision ◽  
Legal Basis ◽  
Definition Of

When obligations do not work in a balanced manner in fostering a household, disputes and arguments often occurs which will result in the termination of a marriage.  Divorce can occur by various factors in a marriage.  One of the factors that divorce causesare one among apostate husbands or wives, which if the marriage continues to be maintained will cause loss. As a result of the divorce because the husband has lapsed into marriage, the marriage is immediately finished, and if the marriage is fulfilled, a wife will not get mut'ah and a living from her husband, but it is different from being practiced in a religious court whose husband is burdened with giving mut '  ah and livelihood iddah.  So with the existence of these problems the author will review the judges' considerations in considering their decisions and reviewing Islamic law. This study aims to find out about the definition of Mut'ah, the livelihood of iddah and apostasy, to find out the legal basis used by the judge in deciding cases and what according to the views viewed from Islamic law.To answer these three problems, the researcher used a qualitative approach with field research that collected data directly from the source.  In qualitative research, the researcher is faced directly with the respondent, namely a direct interview by the Judge in the Nganjuk Religious Court.Based on the research, even though the husband apostatized and married the husband was still obliged to give mut'ah and livelihood because even though the apostate's husband would not obstruct the husband's obligation to his wife, and the divorce divorce case was equated with ordinary divorce divorce.  Judges use the basis of article 149, 117, with reasons for divorce article 116 letter (f) and (h) KHI (Compilation of Islamic Law) and the results of RAKERNAS MARI in 2005. and viewed from a review of Islamic law judges use volcanic jurisprudence II if  the termination of marriage because of apostasy does not require a court decision or judge's decision and is immediately canceled and does not see the consequences of the apostasy. 

scholarly journals IMPLEMENTASI NAFKAH IDDAH PADA PENGADILAN AGAMA WATAMPONE

2020 ◽  
Vol 2 (1) ◽  
pp. 64-74
Author(s):  
Nur Tasdiq
Keyword(s):  
Qualitative Research ◽  
Legal Status ◽  
Islamic Law ◽  
Legal Basis ◽  
Philosophical Approach ◽  
Religious Courts ◽  
Husband And Wife

Abstract: This research is about the application of iddah income for wives at the Religious Court in Watampone. The main issues regarding the legal status of iddah livelihoods, and how to determine the amount of iddah livelihoods, as well as the efforts of judges in resolving husband's cases refuse to provide iddah livelihoods. This research is a qualitative research with a normative juridical approach and a philosophical approach. The provision of livelihood in the Qur'an and the Compilation of Islamic Law in Indonesia is obligatory to be given to the wife after divorce, requested or not requested in court, as long as the divorce is not due to the wife's nusyuz. But this is not the case with his practice at the Religious Courts in Watampone. Determination of iddah income at the Religious Court in Watampone still prioritizes the agreement between the husband and wife, if an agreement is not found between them, the Panel of Judges will determine the amount by considering the husband's ability and wife's needs. Regarding the case of the husband refusing to provide iddah, the Panel of Judges took several efforts, but the efforts taken did not have a strong legal basis, even some of the efforts taken were not in accordance with the existing procedural law.AbstrakPenelitian ini mengenai penerapan nafkah iddah pada Pengadilan Agama Watampone. Pokok permasalahan tentang status hukum nafkah iddah, dan bagaimana cara penentuan jumlah nafkah iddah, serta upaya hakim dalam menyelesaikan perkara suami menolak memberi nafkah iddah. Penelitian ini adalah penelitian kualitatif dengan pendekatan yuridis normatif dan pendekatan filosofis.Ketentuan nafkah iddah di dalam  al-Qur’an dan Kompilasi Hukum Islam di Indonesia adalah wajib diberikan kepada isteri yang ditalak raj’i, diminta ataupun tidak diminta dalam persidangan, selama perceraian bukan karena nusyuznya isteri. Namun tidak demikian dengan peraktiknya di Pengadilan Agama Watampone. Penentuan nafkah iddah pada Pengadilan Agama Watampone tetap mengedepankan kesepakatan antara pihak suami dan isteri, apabila tidak didapati kesepakatan antara keduanya, maka Majelis Hakim yang akan menentukan jumlahnya dengan mempertimbangkan kemampuan suami dan kebutuhan isteri. Terkait perkara suami menolak memberi nafkah iddah, Majelis Hakim menempuh beberapa upaya, namun upaya yang ditempuh tidak memiliki dasar hukum yang kuat, bahkan beberapa upaya yang ditempuh tidak sesuai dengan hukum acara yang ada.Keywords: Implementation; Iddah; Living Rights; Religious courts.

scholarly journals Islamization of Law of Evidence in Pakistan with Specific Reference to Testimony of a Woman

rahatulquloob ◽  
2020 ◽  
pp. 01-12
Author(s):  
Dr. Hafiz Muhammad Siddique ◽  
Dr. Muhammad Atif Aslam
Keyword(s):  
Islamic Law ◽  
Primary Objective ◽  
Primary Sources ◽  
Specific Reference ◽  
Legal Provisions ◽  
The People ◽  
Administration Of Justice ◽  
The Law ◽  
Law Of Evidence

The subject matter of any case contains many facts proved by anyone of the parties to have a decision in his favour from a court of law. The primary objective of the law of evidence is to prescribe the rules to prove the facts of the case assisting the court of law in any case. The Law of Evidence forms a foundation for administration of justice in every legal system. This is considered a system of rules for disputed questions of fact in judicial inquiries. This law determines and helps to enforce the liability or grant aright on the basis of facts presented in the court of law. Islamic Law of Evidence is manifest due to the Islamic System of administration of justice and it rules are framed by the Law giver on the basis of primary sources of Islamic Law whereas the rules of other evidence law are made by the people. The current paper discusses the process of Islamization in Islamic Republic of Pakistan. It focuses on the Law of Evidence that how it is Islamized. It also highlights the specific legal provisions of Pakistani Law of Evidence were Islamized and indicates the role of some other constitutional institutions of Pakistan in Islamization of Law of Evidence. 

scholarly journals Paradigma fikih baru Jamal al-Banna dan relevansinya terhadap pembaruan peran perempuan dalam hukum keluarga Islam (Fiqh al-Munakahat)

2019 ◽  
Vol 19 (1) ◽  
pp. 1-26
Author(s):  
Syaiful Bahri
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Literature Study ◽  
Public Role ◽  
Minimum Age ◽  
Complementary Part ◽  
Islamic Family Law ◽  
Role Of Women ◽  
Age Of Marriage

The role of women, according to classical fiqh (Islamic law) literature, especially fiqh al-Munakah}at (Islamic family law), tends to be regarded as a complementary part of domestic life. Their role is limited to the domestic territory, and restrain to play a public role. This paper tries to reconstruct the role of women in Islamic family law, utilizing the new fiqh paradigm initiated by Jamal al-Banna. To answer this problem, the author conducted a literature study by examining two works of Jamal: Nah}wa Fiqhin Jadid and Al-Mar'ah al-Muslimah bayna Tah}rir Al-Qur'an wa Taqyid al-Fuqaha'. This paper concludes that some issues regarding the role of women in Islamic family law need renewal. There are four crucial issues that are reviewed using the new fiqh paradigm of Jamal al-Banna, namely the minimum age of marriage, wali’s ijbar rights, polygamy, and divorce.

scholarly journals The Jurisdiction of Sharia Supervisory Board in Indonesia Sharia Capital Market

2020 ◽  
Vol 7 (9) ◽  
pp. 763-774
Author(s):  
Bagas Heradhyaksa
Keyword(s):  
Qualitative Research ◽  
Capital Market ◽  
Financial Services ◽  
Supervisory Board ◽  
Legal Basis ◽  
Bank Deposits ◽  
A Company ◽  
The Capital Market

AbstractThe capital market is an institution that brings together those who need funds, to develop their business, and those who are excess funds, to make investments. Unlike the concept of financing in banks, the capital market uses the concept of buying and selling shares. So that it can be a solution for a company that wants to develop its business without using debt. Investors can also get profits that are higher than the profits from bank deposits. Thus, the capital market is growing in the middle of society. However, there are some activities in the capital market that are contrary to Islamic principles. Therefore, the Islamic capital market emerged. To oversee activities in the Islamic capital market, the role of the Sharia Supervisory Board is needed. The objective of this article is to find out the jurisdiction governing the Sharia Supervisory Board in the Islamic capital market in Indonesia. The methodology used is qualitative research. The data used in this study is library data. This study found that the existence of the Sharia Supervisory Board already has a legal basis based on the Indonesian Financial Services Authority Regulation. However, there are no specific laws governing the Islamic capital market. So it is necessary to make a special law that accommodates all aspects of sharia in the Islamic capital market, specifically with regard to the Sharia Supervisory Board.Keywords: Capital Market, Sharia Capital Market, Sharia Supervisory Board, Jurisdiction, Indonesia. AbstrakPasar modal adalah lembaga yang mempertemukan mereka yang membutuhkan dana, untuk mengembangkan usahanya, dan mereka yang memiliki kelebihan dana, untuk melakukan investasi. Berbeda dengan konsep pembiayaan di bank, pasar modal menggunakan konsep jual beli saham. Sehingga dapat menjadi solusi bagi perusahaan yang ingin mengembangkan usahanya tanpa menggunakan hutang. Investor juga bisa mendapatkan keuntungan yang lebih tinggi dari keuntungan dari deposito bank. Dengan demikian, pasar modal tumbuh di tengah masyarakat. Namun, ada beberapa aktivitas di pasar modal yang bertentangan dengan prinsip syariah. Oleh karena itu, pasar modal syariah muncul. Untuk mengawal aktivitas di pasar modal syariah, diperlukan peran dari Dewan Pengawas Syariah. Artikel ini bertujuan untuk mengetahui yurisdiksi yang mengatur Dewan Pengawas Syariah di pasar modal syariah di Indonesia. Metodologi yang digunakan adalah penelitian kualitatif. Data yang digunakan dalam penelitian ini adalah data perpustakaan. Studi ini menemukan bahwa keberadaan Dewan Pengawas Syariah sudah memiliki dasar hukum berdasarkan Peraturan Otoritas Jasa Keuangan. Namun, tidak ada undang-undang khusus yang mengatur pasar modal syariah. Sehingga perlu dibuat undang-undang khusus yang mengakomodir semua aspek syariah di pasar modal syariah, khususnya yang berkaitan dengan Dewan Pengawas Syariah.Kata Kunci: Pasar Modal, Pasar Modal Syariah, Dewan Pengawas Syariah, Yurisdiksi, Indonesia

The Role of Personal Statutes in Social Development in Islamic Countries

1971 ◽  
Vol 13 (1) ◽  
pp. 16-31 ◽  
Author(s):  
J. N. D. Anderson
Keyword(s):  
Social Development ◽  
Islamic Law ◽  
Family Law ◽  
Family Relations ◽  
Social Conditions ◽  
Muslim Country ◽  
The Family ◽  
The Subject ◽  
Muslim Communities

I take it that this title, which was not of my devising, is intended to cover the contribution that the series of partial or comparatively comprehensive codifications of the law of personal status, which have appeared in recent years in one Muslim country after another, has played or might play in the development of social conditions in general, and of family relations in particular, in the area concerned. But I shall confine my remarks in this paper to those legislative enactments which codify or restate principles of family law which are, or profess to be, specifically Islamic, whether they are applicable to Muslims alone or to those of more than one religion, rather than make any attempt to deal with the family law peculiar to one or another of the non-Muslim communities–partly because any comprehensive consideration of the latter would be too wide and detailed a task for such a paper as this, partly because each of these other systems of law is of comparatively restricted application, and partly because it is the Islamic law which has been the subject of my own specialist study.

scholarly journals Schools of Government’s roles and challenges for institutionalization: a comparative study in the Brazilian Federal Public Sector

2019 ◽  
Vol 70 ◽  
pp. 71-106
Author(s):  
Diogo Ribeiro da Fonseca ◽  
Marizaura Reis de Souza Camões ◽  
Pedro Luiz Costa Cavalcante ◽  
Joselene Lemos ◽  
Pedro Lucas de Moura Palotti
Keyword(s):  
Qualitative Research ◽  
Public Sector ◽  
General Theory ◽  
Comparative Study ◽  
Document Analysis ◽  
Structured Interviews ◽  
Common Identity

The role of Schools of Government has been relatively vague in the literature and in several countries’ public administrations. Consequently, schools operate in normative contexts that do not address their specific needs and purposes as educational entities. The present study seeks to comparatively describe institutional, strategic and educational characteristics of 17 Brazilian Federal Schools of Government to define aspects for their distinctive characterization. The qualitative research was based in document analysis and structured interviews with heads in schools. The results present a common identity between schools, as well as differences regarding their configurations. We attempt to propose a typology for the sampled schools which, we suggest, may be used as a means for a general theory for the comprehension of varying characteristics between schools of government, relating to their roles and formats. The study contributes to a better understanding regarding the role of schools of government and proposes further research to support their institutionalization and development.

Sign in / Sign up

Export Citation Format

Share Document