scholarly journals Law of Trust and the Beneficial Interest in Matrimonial Property

2021 ◽  
Vol 29 (S2) ◽  
Author(s):  
Zuraidah Ali ◽  
Norliah Ibrahim ◽  
Zuhairah Ariff Abd Ghadas ◽  
Shariffah Nuridah Aishah Syed Nong
Keyword(s):  
Conference Proceedings ◽  
Qualitative Methodology ◽  
Library Research ◽  
Legal Implications ◽  
Beneficial Ownership ◽  
Husband And Wife ◽  
At Home

Beneficial interest at home is a very fundamental element of a marriage institution. When a couple ties the knot, wanting to spend the rest of their lives together, such relationship will give rise to many implications, be it legal or social. Such legal implications will continue throughout their lives not only as husband and wife, but will also become more apparent if the union between these two is broken. Hence, issues relating to distribution of property, especially matrimonial property, need to be handled as subtle as possible, alongside other ancillary claims such as maintenance and custody. The existence of both legal and beneficial interests in a property has enabled the court to resolve claims relating to ownership by looking at the existence of common intention to share beneficial ownership. Thus, this article examines the ways on how the court has utilized the concept of trust in dealing with disputed issues on matrimonial property. The study adopted a qualitative methodology where data were collected through library research. It analysed statutes, books, journals, reports, conference proceedings and other periodicals. The study concludes that the use of law of trust in the distribution of matrimonial property has become obvious since trust will be the best option to be used in resolving matters relating to any disputed property.

scholarly journals Masa Iddah Suami Istri Pasca Perceraian

Al-Mizan ◽  
2021 ◽  
Vol 17 (1) ◽  
pp. 65-88
Author(s):  
Fatihatul Anhar Azzulfa ◽  
Afnan Riani Cahya A.
Keyword(s):  
Gender Equality ◽  
Gender Inequality ◽  
Gender Relations ◽  
Women's Movement ◽  
Science And Technology ◽  
Men And Women ◽  
Waiting Period ◽  
Library Research ◽  
Legal Implications ◽  
Husband And Wife

In general, the majority of people only know the meaning of the iddah period to see the cleanliness of the uterus. This study aims to determine how the period of iddah of husband and wife after divorce. Iddah is the waiting period before a widow or divorced woman may remarry. This research is included in library research which uses analytical descriptive as a method and is equipped with a gender equality approach. The results of the study explain that the iddah period if is associated with the basis for identifying whether a woman is pregnant or not, then the meaning is irrelevant when viewed using science and technology which has different legal implications for the iddah itself. Cleansing the uterus is not an illat of the stipulation of iddah. Illat is something that can change the situation. Iddah has until now been considered as discrimination against women, which later gave rise to the opinion that iddah is a form of gender inequality. The concept of iddah discriminates against women because it is considered to limit women’s movement after divorce. The implementation of the iddah period for husband and wife is a solution so that gender relations between men and women are well established.

scholarly journals ARSITEKTUR RUMAH BETANG (RADAKNG) KAMPUNG SAHAPM

2014 ◽  
Vol 6 (3) ◽  
pp. 461
Author(s):  
Poltak Johansen
Keyword(s):  
Cultural Identity ◽  
Qualitative Method ◽  
Residential Buildings ◽  
Architectural Form ◽  
Cultural Objects ◽  
Library Research ◽  
The People ◽  
The Village ◽  
At Home ◽  
Descriptive Qualitative

AbstrakArsitektur dari suatu bangsa, pada suatu masa sering berbeda-beda, baik dalam hal bentuk maupun konsep-konsep yang melandasinya. Hal ini tentu disebabkan adanya perbedaan kebudayaan dari suatu masyarakat dengan masyarakat lainnya. Setiap suku bangsa biasanya akan menunjukkan identitas budayanya melalui benda-benda budaya yang mereka buat. Demikian halnya masyarakat Dayak Kanayatn memiliki ciri tersendiri dalam bentuk arsitektur bangunan khususnya bangunan rumah tinggal. Bentuk arsitektur masyarakat Dayak Kanayat’n yang tinggal di Desa Sahapm tercermin dalam bentuk Rumah Betang atau Rumah Panjang dan hingga kini masih dijaga dan dihuni oleh masyarakat. Bentuk rumah Betang juga menunjukkan hidup kebersamaan bagi penghuninya. Dalam  Rumah panjang atau Rumah Betang mereka berinteraksi antara bilik yang satu dengan bilik yang lainnya. Tujuan penulisan untuk mendeskripsikan bentuk arsitektur Rumah Betang dan keberadaannya pada saat ini, selain itu penelitian ini juga  mendeskripsikan kehidupan masyarakat di Rumah Betang. Metode yang digunakan adalah metode deskriptif kualitatif dengan menggunakan tehnik pengamatan dan wawancara dalam menggali data di lapangan serta studi kepustakaan sebagai menggali bahan untuk menulis. AbstractThe nation has a diverse architecture, both in terms of form as well as the underlying concepts. The diversity of architecture due to differences in the culture of a society. Each tribe will usually show its cultural identity through cultural objects that they create. Similarly with Kanayatn Dayak community has its own characteristics in the architecture, especially residential buildings. Architectural form of the Dayak people who live in the village Dayak Kanayat'n reflected in the form of Rumah Betang or Rumah Panjang and is still maintained and inhabited by people. Betang shapes also showed live together or togetherness. The people who lived in Rumah Panjang interact with each other in one room to other room. The main purposes of this study is to describe the architectural form and its existence today. In addition, this study describe betang people's lives at home. The method used is descriptive-qualitative method using the techniques of observation and interviews to collect data in the field and library research.

scholarly journals 'MAQASID AL-SHARIAH' IN ISLAMIC BANKS BEFORE VALUE-BASED INTERMEDIATION IMPLEMENTATION

2021 ◽  
Vol 18 (2) ◽  
pp. 173-189
Author(s):  
Sharifah Faigah Syed Alwi ◽  
◽  
Fateha Abd Halim ◽  
Tengku Dewi Ahdiyaty Tengku Ahmad Mazlin ◽  
Aizurra Haidah Abdul Kadir ◽  
...  
Keyword(s):  
Qualitative Methodology ◽  
Islamic Law ◽  
Human Life ◽  
Islamic Banking ◽  
Islamic Banks ◽  
Structured Interviews ◽  
The Public ◽  
Library Research ◽  
Banking Institutions ◽  
Banking Operations

Bank Negara Malaysia (BNM) had introduced Value-Based Intermediation (VBI) initiatives to help Islamic banks implement a structuralised form of maqasid al-shariah (objectives of shariah (Islamic law)) in their banking operations. Thus, questions were raised by the public on whether or not Islamic banking institutions in Malaysia had been achieving maqasid al-shariah in their banking operations prior to VBI. This paper aims to discuss the real concept of maqasid al-shariah that should be realised in Islamic banks and investigate whether Islamic banks had truly been achieving maqasid al-shariah in their banking operations before the introduction of VBI. Library research is conducted to obtain information on maqasid al-shariah and the qualitative methodology is adopted to gain information from three bankers representing three Islamic banks in Malaysia via semi-structured interviews. The researchers found that the fundamental concept of maqasid al-shariah in Islamic banks includes the protection of religion, life, intellect, progeny and wealth in human life through the products and services offered by the banks. The Islamic banks were found to have developed their products and services to achieve maqasid al-shariah even before VBI was introduced by BNM. However, with VBI, a proper framework in achieving maqasid al-shariah has been developed.

scholarly journals Urgensi Perjanjian Perkawinan dalam Membentuk Keluarga Sakinah Perspektif Hukum Keluarga Islam

2021 ◽  
Vol 3 (2) ◽  
pp. 180-202
Author(s):  
Idrus Al-Ghifarry ◽  
A. Kumedi Ja'far ◽  
Liky Faizal
Keyword(s):  
Qualitative Methods ◽  
Family Law ◽  
Preventive Measure ◽  
Married Couples ◽  
Economic Problems ◽  
Communication Problems ◽  
Library Research ◽  
Islamic Family Law ◽  
Husband And Wife

This research was made to analyze the urgency of the marriage agreement in marriage. To analyze the urgency of the marriage agreement in forming a sakinah family in the perspective of Islamic Family Law. This type of research is library research. This research is descriptive in nature, namely by using qualitative methods. The results of this study show that the urgency of the marriage agreement is that the marriage agreement has good benefits as a preventive measure in the event of a divorce because the marriage agreement will facilitate the distribution of assets. The urgency of the marriage agreement in forming a sakinah family in the perspective of Islamic family law, namely. First, to form a sakinah family, it is best if the prospective husband and wife make a marriage agreement which includes communication problems, personal and shared assets, biological needs (sex), economic problems, and appearance. Second, the marriage agreement includes a form of maslahah for married couples to achieve maqashid asy-syari'ah. Through a marriage agreement, what is the goal of the Shari'a, namely to achieve benefit can be realized or achieved.  

scholarly journals Reinterpretation of the Rights and Duties of Contemporary Husbands and Wives

2021 ◽  
Vol 5 (2) ◽  
pp. 648
Author(s):  
A. Kumedi Ja'far ◽  
Agus Hermanto
Keyword(s):  
Equitable Distribution ◽  
Legal Norms ◽  
Library Research ◽  
The Family ◽  
Husband And Wife

A concept of rights and obligations will work when there is a balance between the two. Malahat theory is an intra doctrinal reform for the realization of humane legal norms. However, in reality, this concept is not easy to implement. It is said that a woman is made as to the subordinate in the family and sometimes there is no justice for her. At this time, women not only play a role as housewives but also help earn money for the family. What becomes a problem is how to reinterpret the equitable distribution of household rights and obligations. This study aims to describe the rights and obligations of husband and wife by maintaining the values of justice. This research is library research that discusses the husband's income for his wife, who is also the breadwinner. The paradigm of the husband is the leader of the household, and the wife is the housewife is something that spurs Muslim feminists to reinterpret. It is because wives are no longer only responsible as housewives, but more than that, they also help make a living in the household. Then, the concepts of justice, equality, ukhuwah islamiyah and mu'asyarah bil ma'ruf must be prioritized for the benefit and the formation of a sakinah, mawaddah wa rahmah in a family. It needs to be reconsidered if we want to make it a new fiqhparadigm.

scholarly journals Hukum Pelaksanaan Salat Tarawih di Rumah Karena Wabah dan Membaca Al-Qur’an Melalui Mushaf dan HP Ketika Salat

2020 ◽  
Vol 1 (2) ◽  
pp. 251-261
Author(s):  
Aswanto Muhammad Takwi Hede ◽  
Rachmat bin Badani Tempo ◽  
Irsyad Rafi
Keyword(s):  
Content Analysis ◽  
Local Government ◽  
Mobile Phones ◽  
Qualitative Approach ◽  
Important Thing ◽  
Analysis Techniques ◽  
Library Research ◽  
The Law ◽  
Do So ◽  
At Home

This study aimed to provide explanation and overview related to the law of tarawih prayers at home in an pandemic situation (Covid-19), the law of performing prayers at home with the intention of participating in congregation in the mosque, and the law of reciting the mushaf or mobile phones while leading tarawih prayer. This research used a descriptive qualitative approach using content analysis techniques and library research. The results show that if in an area where the potential for outbreaks of the covid-19 outbreak is high and there has been an appeal from the local government and scholars (MUI), then in these state the more important thing is to perform tarawih prayers at home, both congregationally with family members, and this is the preferred, or individually; (2) invalidity of the prayers of a person who follows the congregational prayers outside the mosque building, where the scholars agree that he must go to the mosque; and (3) it is permissible to recite from the mushaf in the sunnah (optional) prayers, such as tarawih prayer for imams who do not memorize the Koran. As for the obligatory prayers, it is disliked because there is no need to do so. This law also applies to someone who wants to recite the Koran with the software of Koran on mobile phones.

scholarly journals Perlindungan terhadap Lingkungan dalam Perspektif Konstitusi

2016 ◽  
Vol 13 (4) ◽  
pp. 766
Author(s):  
Pan Mohamad Faiz
Keyword(s):  
Human Rights ◽  
Environmental Protection ◽  
Qualitative Methodology ◽  
Court Decisions ◽  
Journal Articles ◽  
Economic Activities ◽  
Normative Approach ◽  
Library Research ◽  
State Administration ◽  
National Economic

Nowadays there is a tendency in many countries to protect the environment by incorporating general principles of environment into a state or a regional constitution. This article aims to examine the extent to which environmental protection can be provided through the adoption of those constitutional norms. This study was conducted using a qualitative methodology with a normative approach and library research derived from court decisions, law and regulations, books and journal articles. It concludes that the Indonesian Constitution contains constitutional norms for the environmental protection. However, these constitutional norms are still positioned as a subsidiary or supporting factor in the fulfillment of human rights and the national economy. In order to strengthen the environmental protection by the Indonesian Constitution, it requires a reformulation of related constitutional norms by positioning the environment more as the basic values in the state administration and national economic activities.

scholarly journals The legal implications of providing information services in PUL in Kenya

2017 ◽  
Vol 5 (1) ◽  
pp. 22-37
Author(s):  
Salome Waigumo Mathangani ◽  
Japheth Otike
Keyword(s):  
Qualitative Methodology ◽  
Statistical Significance ◽  
Public University ◽  
Information Services ◽  
University Libraries ◽  
Policy Makers ◽  
General Direction ◽  
Legal Implications ◽  
Set Up ◽  
Teaching Learning

This is a research paper on Public University Libraries (PULs) which are charged with the responsibility of providing the university community with information for the parent institutions’ core activities of teaching, learning, study and research. In carrying out this responsibility, PULs have to address issues of law as these relate to the provision of information services. The purpose of this study was to investigate the legal implications of providing information services in public university libraries in Kenya. The study applied the qualitative methodology but also used a limited application of quantitative approach with issues of statistical significance. Basing on a sample of 77 librarians from public universities libraries, data was collected and analyzed using the narrative method. The study established the actual and potential implications of laws that support information (UDHR, CK, FOI, IFLA and WSIS declarations) and those that put limits to information (Copyright law, penal code, Official Secrets Act). Although librarians were knowledgeable and had skills regarding their work, evidence from the study showed that they needed to extend their knowledge and understanding in the area of laws that have implications on the provision of information as a way of enhancing their work. In conclusion the paper notes that there is scope for librarians, using their wealth of knowledge and expertise, to seek interaction with policy makers and make relevant and useful contribution on law and information. These findings are significant in that they give general direction with regard to law and the provision of information services. The research highlights the importance for librarians to create links with policy makers in order to set up a relationship with mutual benefits.

scholarly journals FORCED SEXUAL RELATIONSHIP HUSBAND WIFE in ISLAM: MAQĀṢID SHARĪ'AH PERSPECTIVE

2021 ◽  
Vol 6 (1) ◽  
pp. 49-72
Author(s):  
Eki Resa Firiski
Keyword(s):  
Domestic Violence ◽  
Sexual Violence ◽  
Sexual Intercourse ◽  
Islamic Law ◽  
Sexual Relationship ◽  
Sexual Relations ◽  
Men And Women ◽  
Library Research ◽  
Islamic Religion ◽  
Husband And Wife

This article is the result of library research. The direction of this research discussion is how the Islamic religion addresses the issue of forced sexual intercourse between husband and wife. This article discusses vis a vis between maqāsid sharī'ah and Law Number 23 of 2004 concerning the Elimination of Domestic Violence. Claim of this research is the forced sexual intercourse of husband and wife according to Law Number 23 of 2004 is in line with the objectives of Islamic law (maqashid syar'iah) which is to protect tauhid/monotheism (hifd al din) men and women. The equality of relations between men and women is contained in the teachings of mu'āsharah bi al-ma'rūf (good association). Sexual violence can occur in both husband and wife. If the husband forces sexual intercourse, then it is prohibited. Vice versa, if the wife refuses to have sex without a syar'i reason, then this is also prohibited. not allowed. According to Islamic law, sexual violence can be punished with a finger of ta'zir sanction. Islam forbids acts of forced sexual intercourse as well as violence by husbands against their wives. And vice versa. Islam came with the main mission of realizing the benefit of all creatures, men and women. Islam teaches equal and equal sexual relations between husband and wife. Keywords: forced sexual intercourse, maqashid shari'ah   Abstrak Artikel ini adalah hasil dari penelitian kepustakaan. Arah diskusi penelitian ini adalah bagaimana agama islam menyikapi  isu pemaksaan hubungan seksual suami istri. Artikel ini mendiskusikan vis  a vis antara maqāsid sharī’ah dan Undang-Undang Nomor 23 Tahun 2004 Tentang Penghapusan Kekerasan Dalam Rumah Tangga. Klaim penelitian ini adalah bahwa pemaksaan hubungan seksual suami istri menurut Undang-Undang Nomor 23 Tahun 2004 selaras dengan tujuan syariat islam (maqashid syar’iah) yaitu melindungi ketauhidan (hifd al dīn) laki-laki dan perempuan. Kesetaraan relasi laki-laki dan perempuan tertuang dalam ajaran mu’āsharah bi al-ma’rūf. Kekerasan seksual dapat terjadi pada istri maupun suami. Jika suami memaksa hubungan seksual, maka itu dilarang. Demikian pula sebaliknya, jika istri menolak berhubungan tanpa alasan yang syar’i, maka ini juga dilarang. tidak diperbolehkan. Menurut hukum Islam, kekerasan seksual dapat dipidana dengan sanksi jarimah ta’zir. Islam melarang tindakan pemaksaan hubungan seksual juga kekerasan yang dilakukan suami atas istri.dan juga sebaliknya. Islam datang dengan misi pokok mewujudkan kemaslahatan bagi seluruh makhluk, laki-laki maupun perempuan. Islam mengajarkan relasi seksual suami–istri yang sejajar dan setara. Kata Kunci : pemaksaan hubungan seksual,  maqashid syari’ah

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