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

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. 

Author(s):  
Badruddin Hj Ibrahim

This paper deals with the role of wasi in the administration of minor’s property under the provision of codified Islamic law in Malaysia. The focus of the discussion is on the power of wasi in managing minor’s property under his legal authority. The question is: To what extent the provision of the Islamic law that is codified in Malaysia prescribes the duties and powers of wasi in relation to the management of minor’s property? Further, what is the safeguard that has been taken by the legal provisions in order to ensure that the minor’s property is well managed and is not infringed and embezzled by the wasi? The research adopts qualitative research methodology which focuses on an examination of the statutory provisions on the role of wasi, including his duties and powers and control in the administration of minor’s property. The paper also discusses the appointment of wasi, his position and his condition in administering minor’s property and the situation where the wasi is removed from his office. It is found that there is the inadequacy of the law in relation to the role of wasi in the administration of minor’s property. In addition to that, some provisions require further clarification and elaboration. Finally, the research found that there are still rooms for improvement with regards to codified Islamic law relating to the role of wasi in the administration of minor’s property.  Keywords: Wasi, Administration, Minor’s property, Islamic law, Malaysia.    Abstrak Kertas kerja ini adalah berkaitan dengan peranan wasi dalam pentadbiran harta kanak-kanak di bawah peruntukan undang-undang Islam yang dibukukan di Malaysia. Fokus perbincangan adalah tentang kuasa wasi dalam menguruskan harta kanak-kanak di bawah pengawasan undang-undang seorang wasi. Persoalannya, sejauh manakah peruntukan Undang-undang Islam yang telah dibukukan di Malaysia menggariskan tugas-tugas dan kuasa wasi berkaitan dengan pengurusan harta kanak-kanak. Seterusnya, apakah perlindungan yang diambil oleh peruntukan undang-undang untuk memastikan harta kanak-kanak diuruskan dengan baik dan tidak dilanggar dan diselewengkan oleh wasi. Penyelidikan ini menggunakan kaedah penyelidikan kualitatif yang memfokuskan kepada kajian peruntukan undang-undang tentang peranan wasi termasuklah tugas-tugas dan kuasa wasiserta pengawalannya di dalam pentadbiran harta kanak-kanak. Kertas kerja ini juga membincangkan tentang perlantikan wasi, kedudukan serta syarat-syarat dalam mentadbir harta kanak-kanak serta keadaan bilamana wasi dilucutkan dari jawatannya. Hasil penyelidikan mendapati bahawa peruntukan undang-undang yang ada adalah tidak mencukupi dalam mentadbir harta kanak-kanak. Sebagai tambahan, terdapat juga peruntukan undang-undang yang memerlukan penjelasan dan penerangan. Akhirnya, penyelidikan ini mendapati masih ada ruang untuk penambahbaikan bagi peruntukan undang-undang Islam yang telah dibukukan berkaitan dengan pentadbiran harta kanak-kanak. Kata Kunci: Wasi, Pentadbiran, Harta kanak-kanak, Undang-undang Islam, Malaysia.


2020 ◽  
Vol 22 (2) ◽  
pp. 401-423
Author(s):  
Diah Sari Pangestuti

Looking at the crime statistic, it shows the continuous increase of crime either in number and quality. Even more varied and creative. Therefore, in order to produce internal security and to maintain the wellbeing of the people, a special institution is needed to handle it, namely the Police Agency. By using normative legal research and combining it with an analytical approach in order to analyze the data descriptively and inductively, this study tries to determine the role of the Police agency based on Fiqh Siyasah. It is concluded that: firstly, in Indonesian, there is a Police Agency that is a state instrument that plays a role in maintaining public order and security, enforcing the law, providing protection and services to the public. Secondly, in Islamic Law, there is the Muhtasib Institution, which has a supervisory and controlling body. Thirdly, that the Police in Islamic and Indonesian Law has almost the same duties that are as law enforcement to maintain security and public order. However, because of the law in Islam covers both mu'amalah and 'ubudiyyah aspects, so the scope of police responsibility in Islam is broader.


2015 ◽  
Vol 16 (1) ◽  
pp. 29-49
Author(s):  
Bani Syarif Maula

Abstract: The politics of law that ignore the aspirations of society has led to inconsistency in the application of the law because of the differences between the will of the people with the legislation. This study specifically examines the political law in terms of the application of Islamic law in Indonesia which is envisaged in Law No. 1/1974 on Marmage and the Law 7/1989 on Religious Courts (and its amendment Law No. 3/2006). The political situation that characterizes the formation of the Marriage Law and the Law on Religious Courts clearly show trends and policy direction of the state law. It can be seen from the political aspects of the legal establishment, the political aspects of the content of the law (principles and the rule of law), and political aspects of law enforcement. These three aspects have made Islamic law practiced by the Indonesian Muslim community (the living laws) in conflict with formal legal rules defined by the state. The conclusion from this study is that the legal provisions in the Mariage Law that conflict, namely: Article 2 paragraph (1), Article 7 (1), Article 31 paragraph (3) and Article 34 paragraph (1) and (2), as well as Article 42 and 43 paragraph (1). While the legal provisions in the Law on Religious Courts where a conflict is Article 50 of Law No. 7/1989 and Article 50 paragraph (1) and (2) of Law No. 3/2006 (amendment of the same article of the Law No. 7/1989) Keywords: Politics, Law, Conflict of Laws, Islamic Law, Marriage Law, the Law on Religious Courts


2019 ◽  
Vol 1 (2) ◽  
pp. 131-144
Author(s):  
Dini Maulana Lestari ◽  
M Roif Muntaha ◽  
Immawan Azhar BA

Islamic banks are present in the community as financial institutions whose activities are based on the principles of Islamic law for the benefit of the people. This study aims to determine the strategic role of Islamic Banks as financial service institutions, the importance of the existence of Islamic Banks and Islamic-based markets and financial instruments in them. In its development, Islamic banks have a role as institutions that turn on public funds, channel funds to the public, transfer assets, liquidity, reallocation of income and transactions. In the Indonesian economic system, the existence of Islamic Banks is important as an alternative solution to the problem of conflict between bank interest and usury. Islamic financial markets and instruments provide a free society of interest and follow a different set of principles. Distribution of profit/ loss according to evidence of participation in the management fund. The division of rental income in the form of musharaka.


GIS Business ◽  
2019 ◽  
Vol 14 (6) ◽  
pp. 243-252
Author(s):  
Dr. M.A. Bilal Ahmed ◽  
Dr. S. Thameemul Ansari

SHG is a movement which came to being in the early 1969. Prof. Muhammed Younus, a great economist of Bangladesh took initiative in setting up Self Help Groups and these SHGs were gradually spread all over the world. This social movement unites the people hailing from poor background. Those who are joining this group feel socially and economically responsible to one another. In India, there are some likeminded bodies and stakeholders of some government organizations play pivotal role towards the formation of SHG In this research article, role of SHGs in Vellore district is studies under the three dimensions of Cognitive role, leadership role and role towards entrepreneurship.


2017 ◽  
Vol 3 ◽  
Author(s):  
Zabaidah Haji Kamaludin

An Islamic system of governance is an ideal system, which is a tantalising objective for many Muslims but often times not achieved in practice. Countries may call themselves ‘Islamic’ but the core element of Islamicity, that of values such as compassion, equity and justice may not have breached the consciousness of their leaders and citizens. Sometimes it is individuals who act as the catalyst for sparking action. For a Muslim, it is his īmān that serves to light his conscience, and guiding him the dispensation of his everyday tasks within his organisation. This individualised īmān may at times serve as a small but critical factor tilting the different organisational functions of government towards integrations under an Islamic system of governance. This paper recounts the challenges of a Muslim engaging in legal issues in a non-Islamic context, seeking to help enable his organisation to undertake the role of incorporating non-Islamic law with Islamic values.


2018 ◽  
Vol 150 ◽  
pp. 05056
Author(s):  
Abdulrahman M.A.Albelahi ◽  
A. Ali ◽  
Faten Mohmed ◽  
Metwally Ali

Since the beginning, legal theory has concerned itself with the establishment of principles and precepts that govern the procedure of legal interpretation, from the initial stages of the judicial reasoning down to the promulgation of ruling and their implementation, Islam is a total way of life. Muslims are obliged to abide by the rules of Allah in every aspect of their lives, always and wherever they live. However, the actual rules of Allah as given in the Qur’an and the sunna are limited. The Qur’an contains only six hundred verses directly related to laws, and there are approximately two thousand hadiths. The function of interpretation is to discover the intention of the Lawmaker of the matter, therefore, interpretat primarily concerned with the discovery of that which is rot self-evident the objective of interpretation is to ascertain the intention c the Lawmaker with regard to what has been left unexpressed as a matter of necessary interference from the surrounding circumstances. Sometimes, the textual sources did not provide detailed guidelines in which to derive the law, and then the role of interpretation is important to determine the law. In Islamic law the role of Ijtihad undoubtedly important in order to meet new problems. But some of the Jurist contended that the role of Ijtihad had ended and we have to follow the rule that has been stated. An explanation given to this trend is that a point had been reached at which all essential question of law had been thoroughly discussed and further deliberation was deemed unnecessary. In Common law, man-made law and legislation are related to one another within a philosophy of law. Parliament makes law and it is the duty of the courts to give effect to them if properly enacted. While courts may rule that a particular statute or section is invalid for various reasons such as unconstitutionality, they cannot say, "We shall change this Act because it is not appropriate". That function belongs to Parliament (Wu Min Aun 1990: 120). So as in Islamic law, the Lawmaker is Allah S.w.t and the sacred text (Quran) is legislated due to His intention whereas Sunnah of the Prophet Muhammad is enacted due to the Prophet's intention. Therefore, Ulama of Usul Fiqh, in making any Ijtihad, they are du y bound to be guided by Quran and Sunnah.


Author(s):  
Aulil Amri

In Islamic law, pre-wedding photos have not been regulated in detail. However, pre-wedding photo activities have become commonplace by the community. It becomes a problem when pre-wedding is currently done with an intimate scene, usually the prospective bride uses sexy clothes and is also not accompanied by her mahram when doing pre-wedding photos. Even though there have been many fatwas and studies on the limits of permissibility and prohibition in the pre-wedding procession.The results show that the pre-wedding procession that is carried out by the community in terms of poses, clothes, and also assistance in accordance with Islamic law, the law is permissible. However, it often happens in the community to take photos before the marriage contract with scenes as if they are legally husband and wife and the bride's family knows without prohibiting, directing, and guiding them according to Islamic teachings. In this case the role of the family is very important, we as parents must understand the basis of religious knowledge and how to instill religious values in our children since childhood is the key to this problem dilemma.


2019 ◽  
Vol 10 (2) ◽  
pp. 219
Author(s):  
Rina Rohayu H

Land given to and owned by people with rights provided by the UUPA is to be used and utilized. The granting and possession of land with these rights will not be meaningful if its use is limited to land as the surface of the earth. The land also has a significant role in the dynamics of development. According to the 1945 Constitution of the Republic of Indonesia NRI,  "earth and water are natural resources contained therein controlled by the state and used for the greatest prosperity of the people." This research uses a normative juridical approach that is research based on the rules / according to the law because this research focused on the use of document studies and literature or secondary data. The research specification used is descriptive-analytic, which describes the law of the land in the era of globalization based on local wisdom. The results of the study illustrate that the role of the land ruling state, which used for the prosperity of the people, is regulated under Law No. 5 of 1960 concerning Basic Regulations on Agrarian Principles (UUPA).On the other hand, the globalization of law is nothing more than a legal intervention from developed countries towards developing countries in order to adjust their laws globally. One way to address the problem of globalization of land law is to reaffirm local wisdom. In other words, they are upholding the customary provisions related to land. Example: provisions of customary land. Customary land is communal land that is jointly owned and thus does not need to be certified.Keywords: globalization, land law, local wisdomABSTRAKTanah diberikan kepada dan dipunyai oleh orang dengan hak-hak yang disediakan oleh UUPA, adalah untuk digunakan dan dimanfaatkan. Diberikannya dan dipunyainya tanah dengan hak-hak tersebut tidak akan bermakna, jika penggunaannya terbatas hanya pada tanah sebagai permukaan bumi saja. Tanah juga mempunyai peranan yang besar dalam dinamika pembangunan. Undang-undang Dasar 1945 menjelaskan bahwa “Bumi dan air dan kekayaan alam yang terkandung didalamnya dikuasai oleh negara dan dipergunakan untuk sebesar-besar kemakmuran rakyat.” Penelitian ini menggunakan pendekatan yuridis normatif yaitu penelitian yang didasarkan kepada kaidah-kaidah/menurut hukum, oleh karena penelitian ini dititik-beratkan pada penggunaan studi dokumen dan bahan pustaka atau data sekunder. Spesifikasi penelitian yang digunakan adalah deskriptif analitis yang menggambarkan tentang hukum tanah di era globalisasi berdasarkan kearifan lokal. Hasil penelitian menggambarkan bahwa peran negara penguasa tanah yang digunakan untuk kemakmuran masyarakat diatur berdasarkan Undang-undang No. 5 tahun 1960 tentang Peraturan Dasar Pokok-Pokok Agraria (UUPA). Disisi lain, globalisasi hukum tak lebih sebagai intervensi hukum dari negara maju terhadap negara berkembang agar menyesuaikan hukumnya secara global. Salah satu cara menyikapi persoalan globalisasi hukum tanah ini adalah dengan menegaskan kembali kearifan lokal. Dengan kata lain, menegakkan kembali ketentuan-ketentuan adat terkait dengan tanah. Misalnya ketentuan tanah ulayat. Tanah ulayat merupakan tanah komunal milik bersama, dengan demikian tidak perlu disertifikatkan.


EGALITA ◽  
2012 ◽  
Author(s):  
Ahmad Izzuddin

Islamic law and women are one of mostly debated discourses bycontemporary Islamic thinkers particularly those who are gender issuesproponents. That discourse grows due to the accuse towards Islam thatthis religion is the source of gender inequality for women through outmuslim world especially in education, fairness and domestic freedom aswell as social welfare in the family. The assumption is that Islamic law ismale-based law. Therefore, it is a need to explore the note on Islamic lawdevelopment which is perceived from the role of women in the early age oflaw construction not from the aspect of the thought of classical ulama inthe middle age. This paper tries to explore and to discuss mainly the role ofSiti Aisyah as the teacher and the transmitter of hadith as the foundation ofIslamic law construction to underline women’s position and contributionas the law maker that it will prove that Islamic law is not merely men-basedlaw as the assumption grows.


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