scholarly journals دور قانون الأحوال الشخصية السوداني للمسلمين في حماية حقوق المرأة

2022 ◽  
Vol 6 (1) ◽  
Author(s):  
سليمان ، محمد سليمان النور
Keyword(s):  
Islamic Law ◽  
Marriage And Divorce ◽  
Strong Trend ◽  
The Law ◽  
Personal Law ◽  
Women Rights

women rights in regard to marriage and divorce, which had been endorsed by Sudanese personal statutes for 1991, also the actions to protect theses rights , with a comparing with Islamic law .   The research found that the Sudanese personal law has a strong trend towards expanding the adoption of most forms of these rights , even those which disputable among scholars.   In regarding to the protection of these rights, the mere letter of the law is considered as the basis upon which women can claim to get judiciary protection .   In addition to that the law includes many actions to protect these rights .   which have been detailed in the search.

scholarly journals A COMPARATIVE EXPOSITION OF THE LAW OF HUSBAND AND WIFE IN TERMS OF ISLAMIC LAW, SOUTH AFRICAN LAW AND THE LAW OF ENGLAND AND WALES ‒ PART TWO

Obiter ◽  
2021 ◽  
Vol 42 (2) ◽  
Author(s):  
Razaana Denson
Keyword(s):  
South Africa ◽  
South African ◽  
Islamic Law ◽  
Legal Systems ◽  
England And Wales ◽  
English Law ◽  
The Law ◽  
Muslim Communities ◽  
Personal Law ◽  
Legal Consequences

The article discusses and compares the dissolution of a marriage as well as the legal consequences thereof in Islamic law, South African law and English law. This is done in order to demonstrate that despite similarities, there are vast differences between the three legal systems. This impacts on how Muslim personal law (MPL) can be recognised and regulated in South Africa and in England and Wales as constitutional democracies. South Africa, England and Wales share a commitment to human rights and have adopted various approaches in respect of accommodating the application of Islamic law. Internal pluralism also exists within the Muslim communities in South Africa, England and Wales as the majority of Muslims in these countries have to varying degrees developed diverse strategies to ensure compliance with Islamic law, as well as with South African and English law. Notwithstanding the accommodation of MPL in terms of South African and English law, the differences between these legal systems have resulted in decisions that, while providing relief to the lived realities of Muslims, are in fact contrary to the teachings and principles of Islam and therefore problematic for Muslims.

scholarly journals A Comparative Exposition of the Law of Husband and Wife in terms of Islamic Law, South African Law and the Law of England and Wales

Obiter ◽  
2021 ◽  
Vol 41 (4) ◽  
pp. 704-750
Author(s):  
Razaana Denson
Keyword(s):  
Comparative Analysis ◽  
South African ◽  
Islamic Law ◽  
Primary Concern ◽  
Bill Of Rights ◽  
Legal Systems ◽  
Similarities And Differences ◽  
English Law ◽  
The Law ◽  
Personal Law

The primary concern of this article is a comparative analysis of marriage law in three legal systems – namely, Islamic law, South African law and English law. The similarities and differences between these legal systems are highlighted. The comparative analysis demonstrates that although there are similarities in the three legal systems, the differences outweigh the similarities. This begs the question whether Islamic law (Muslim personal law in general and family law in particular) can be recognised and accommodated and implemented in the South African and English legal systems (both constitutional democracies) without compromising the principles of Islamic law, while at the same time upholding the rights contained in the Bill of Rights. To this end, a comparative analysis is undertaken of the law of marriage that entails a discussion, inter alia, of betrothal (engagement), the legal requirements for a marriage, as well as the personal and proprietary consequences of a marriage as applicable in Islamic law, South African law and English law.

scholarly journals Hukum Idah Perceraian bagi Wanita Hamil Akibat Perbuatan Zina

2020 ◽  
Vol 1 (4) ◽  
pp. 588-610
Author(s):  
Rahmat Rahmat ◽  
Sri Indriani
Keyword(s):  
Pregnant Woman ◽  
Islamic Law ◽  
Waiting Period ◽  
Marriage And Divorce ◽  
Islamic Jurisprudence ◽  
Interesting Discussion ◽  
The Law ◽  
Normative Perspective

Marriage and divorce of women who have become pregnant as a result of adultery are problems that are given attention in the discussion of Islamic jurisprudence. Marrying a pregnant woman due to adultery has been a polemic among Islamic scholars since long ago in various countries, including in Indonesia until it was finally stipulated in the Book of Compilation of Islamic Law which became an explanation of the Law on Marriage. Divorce after marriage, which is preceded by pregnancy due to adultery, is also an interesting discussion, especially regarding the issue of idah, or the waiting period for women who are pregnant and subject to divorce. Idah or waiting period has been prescribed by Islam for the noble purpose of maintaining the authenticity of one's lineage so as not to mix with others. This problem was studied from a socio-cultural normative perspective, which compares the arguments and factual conditions, thus giving different values. Law of idah can differ from one woman to another, based on the type of divorce or the process of breaking the marriage bond, as well as on the woman's condition. The law of divorce for women who are pregnant that is the birth of the child they are carrying can also apply to women who are divorced, while they are pregnant as a result of adultery.

Developments in the Law of Marriage and Divorce in Libya Since the 1969 Revolution

1978 ◽  
Vol 22 (1) ◽  
pp. 30-49 ◽  
Author(s):  
Ann Mayer
Keyword(s):  
Islamic Law ◽  
Legal Issues ◽  
Marriage And Divorce ◽  
Muslim Countries ◽  
Sensitive Issue ◽  
The Social ◽  
Personal Status ◽  
The Law

How to reform traditional laws of marriage and divorce has proved to be one of the major legal issues facing contemporary Muslim societies. It is a sensitive issue that impinges on many domains—the social, religious, and political as well as the legal. The problems of reform turn more than anything else on the question of how to reconcile fidelity to Islamic law, the shari'a, which remains largely—if not exclusively—controlling on matters of personal status in many Muslim countries, with the demands for change prompted by the process of modernization.

scholarly journals Sharia

1996 ◽  
Vol 13 (1) ◽  
pp. 115-117
Author(s):  
Mohamed Taher
Keyword(s):  
Islamic Law ◽  
Criminal Procedure ◽  
Reading Public ◽  
Marriage And Divorce ◽  
English Reading ◽  
The Law ◽  
Law Of Evidence ◽  
The Mind

This book is a good analysis of the Shafi'i school of Islamic law,and the author is to be commended for his successful presentation of itssalient features to the English-reading public. He has divided his bookinto an introduction to the school, the law of marriage and divorce, thelaw of property and related matters, the law of evidence and proceduralmatters, and the law of crimes and criminal procedure. In addition tothese major topics, Dalvi deals with various lesser known features, suchas: 1. On the issue of marriage and divorce, Dalvi points out: "By stress­ing the need to establish the intention behind divorce, making such causes as inability to maintain a cause for the wife to ask for a divorce, making redundant divorce pronouncement under the influence of drink, indicating the necessity to know one another prior to the marriage, choosing of wit­nesses agreeable to the wife, stressing the responsibility of the husband to provide for maintenance to the divorced wife ... all go to show how seri­ous concern was in the mind of Imam Shafi'i for the protection of the rights of the women." (p. 240) 2. "The Shafi'i School holds that it is forbidden to [hold] court-sittings in a mosque" (p. 154). The author states that "the mosque being the 'House of God,' it was felt that if by any chance a judge delivered a judgment which has resulted in any injustice unknowingly too, it would not be behoving with God's desire to meet justice. Hence the mosque was not made a house of law." (p. 154) ...

TINJAUAN HUKUM FIKIH TERHADAP HADIAH TABUNGAN DAN GIRO DARI BANK SYARI'AH

ALQALAM ◽  
2013 ◽  
Vol 30 (1) ◽  
pp. 1
Author(s):  
Muhammad Nadratuzzaman Hosen ◽  
Deden Misbahudin Muayyad
Keyword(s):  
Islamic Law ◽  
Islamic Banks ◽  
Islamic Bank ◽  
Literature Reviews ◽  
The Gift ◽  
The Status ◽  
The Law

This article explains about the Islamic law of gift from Bank to customers related to saving and gyro accounts of Islamic Bank. The Islamic Banks give gift directly  and  indirectly  to  new  ettstomers  and  old  customers  through drawing  (qur'ah) or lottery and non-drawing. There are disputes (ikhtilaf) among Islamic Law  Experts (Fuqaha’) about the status of law when Islamic Banks give the gift. Hanafi and  Syafi'i  Schools  of thought  opined  that  the gift  can  be given  to  the customers as long as there is no agreement between bank and costomers meanwhile the banks still have a debt to consumers, this is permissible. Maliki and Hanbali schools opined that the gift is not permissible during the time of borrowing and lending. Majority Islamic Exsperts allow to give gift after banks have already paid­ back the debt to consumers as long as there is no agreement between bank and cusiomers, but Maliki School do not allow lo give gift at that condition. Also, for giving gift should free from gambling or elements of gambling (muqamarah).  The method of this article is using literature reviews from classical Islamic Law's books and contemporary Islamic law's books related to drawing or lottery and gambling, meanwhile the aims if this mticle are to investigate the law status if gift from bank to new customers and old customers with direct and indirect ways.   Keywords : gift, saving and gyro accounts, disputes, drawing and elements of gambling

NIKAH SIRI DALAM TINJAUAN HUKUM TEORITIS DAN SOSIOLOGI HUKUM ISLAM INDONESIA

2018 ◽  
Vol 11 (1) ◽  
pp. 60-78
Author(s):  
Aidil Alfin ◽  
Busyro Busyro
Keyword(s):  
Significant Influence ◽  
Islamic Law ◽  
Muslim Community ◽  
Muslim Society ◽  
The Law

The differences of laws in marriage registration have generated argumentative conflicts among the ulama. Some of them agree and the others disagree. Ulama who agree say that proscribing secretly marriage (nikah siri) is in accordance to Islamic law. Even though the regulation about marriage registration has been written in The Indonesian Act No. 1 of 1974 on Marriage and in the Compilation of Islamic Law in Indonesian, the practice of secret marriage is still existed among Indonesian Muslim society. They base their practices on what some of local ShafiiyahUlema say all the time that this kind of marriage is in accordance to shari’ah. It is common to say that Shafi’ischool of law is the largest shari’ahschool of law in Indonesia. In the sociology of Islamic law, most of the scholars in Indonesia who adhere to the Shafi'i school and also most of the Indonesian Muslim community adhere to the same school, may have a significant influence on the constraints of reform of Islamic law related to the registration of marriages in particular and other matters about marriage in general contained in the Law No. 1 of 1974 and the Compilation of Islamic Law in Indonesia.

Hukum Perubahan Status Harta Benda Wakaf: Studi Kasus Perubahan Status Kepemilikan Tanah Wakaf di Desa Keniten Kecamatan Kedungbanteng Kabupaten Banyumas

2020 ◽  
Vol 14 (2) ◽  
pp. 239-250
Author(s):  
Sarmo Sarmo
Keyword(s):  
Government Regulation ◽  
Islamic Law ◽  
Field Research ◽  
The Law

This article discusses the practice of changing waqf for socio-educational purposes. The jurists of the fiqh schools argue over the permissibility of exchanging waqf land. As a country where the majority of the population is Muslim, Indonesia has made the guidelines for waqf which are stated in the law. No. 41 of 2004 concerning Waqf, Government Regulation Number 42 of 2006 concerning the implementation of law number 41 of 2004, and the Compilation of Islamic Law in Indonesia. This study is field research conducted in Keniten Village, Kedungbanteng District, Banyumas Regency. This study concluded that the exchange of waqf land in this village was in accordance with the purpose of the waqf and in accordance with the law. No. 41 of 2004 Article 41 paragraph (3). The process of changing donated land for TK Diponegoro 136 is in accordance with Government Regulation Number 42 of 2006 concerning the implementation of law number 41 of 2004. Meanwhile, the relation of Islamic law to the exchange of waqf land in Keniten Village, Kedungbanteng District, Banyumas Regency is debated in accordance with the rules used by each jurisprudence school. Referring to the argument of jalb al-maṣāliḥ wa dar 'al-mafāsid, the exchange of waqf land in Keniten Village, Kedungbanteng District, Banyumas Regency is not against Islamic law because it brings more benefits.

Pembagian Harta Waris dalam Tradisi Masyarakat Muslim di Gorontalo

2019 ◽  
Vol 13 (2) ◽  
pp. 187-202
Author(s):  
Hamid Pongoliu
Keyword(s):  
Islamic Law ◽  
Sharia Law ◽  
The Will ◽  
The Law

Gorontalo has a customary principle derived from sharia law, and the sharia law is sourced from the Qur'an, hadith, ijmak and qiyas (adati-hula'a to syara'a, syara'a hula'a to Kitabi), which should reflect the existence of the implementation of the distribution of inheritance in Islam in the Gorontalo community. This customary principle can be a source of law if it is a rational act, not immorality, done always repeatedly, does not bring harm and does not conflict with the law of sharak. But in reality there is the implementation of inheritance that violates Islamic law, namely the distribution by way of deliberation, the determination of the amount of heirs equally, the delay in the distribution of inheritance, wills with houses given to girls, wills not to distribute inheritance, distribution of assets it depends on the will of the heir and the delay in the distribution of inheritance on the grounds that one of the parents is still alive. The distribution by deliberation and determination of the amount of the portion for each heir are equally acceptable as long as they follow the guidelines of the Compilation of Islamic Law article 183 and the concept of takharruj which was previously preceded by the Shari'a division. After the heirs know the size of the portion, then they may agree to share it in their own way or leave the inheritance according to Shari'a and agree to give to each other with other heirs.

THE 2017 AMENDMENTS TO THE LAW REFORM (MARRIAGE AND DIVORCE) ACT 1976: A MILESTONE OR A STONE’S THROW IN THE DEVELOPMENT OF MALAYSIAN FAMILY LAW?

2020 ◽  
Vol 28 (2) ◽  
pp. 449-479
Author(s):  
Sridevi Thambapillay
Keyword(s):  
Child Custody ◽  
Family Law ◽  
Law Reform ◽  
The Real ◽  
The Past ◽  
Marriage And Divorce ◽  
Conversion To Islam ◽  
Family Issues ◽  
The Law ◽  
Muslim Family

The Law Reform (Marriage and Divorce) Act 1976 (LRA) which was passed in 1976 and came into force on 1st March 1982, standardized the laws concerning non-Muslim family matters. Many family issues concerning non-Muslim have emerged ever since, the most important being the effects of unilateral conversion to Islam by one of the parties to the marriage. There has been a lot of public hue and cry for amendments to be made to the LRA. After much deliberation, the Malaysian Parliament finally passed the amendments to the LRA in October 2017, which came into force in December 2018. Although the amendments have addressed selected family law issues, the most important amendment on child custody in a unilateral conversion to Islam was dropped from the Bill at the last minute. Howsoever, at the end of the day, the real question that needs to be addressed is whether the amendments have resolved the major issues that have arisen over the past four decades? Hence, the purpose of this article is as follows: first, to examine the brief background to the passing of the LRA, secondly, to analyse the 2017 amendments, thirdly, to identify the weaknesses that still exist in the LRA, and finally, to suggest recommendations to overcome these weaknesses by comparing the Malaysian position with the Singaporean position. In conclusion, it is submitted that despite the recent amendments to the LRA, much needs to be done to overcome all the remaining issues that have still not been addressed.

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