scholarly journals THE ROLE OF RELIGIOUS COURTS IN PROTECTING WOMEN'S RIGHTS IN DISTRIBUTION OF JOINT PROPERTY

2021 ◽  
Vol 1 (2) ◽  
pp. 245-254
Author(s):  
Rasyidin Rasyidin ◽  
Dian Eriani ◽  
Ade Soraya
Keyword(s):  
Women's Rights ◽  
Child Support ◽  
Islamic Law ◽  
Women’S Rights ◽  
Conceptual Approach ◽  
And Function ◽  
Role And Function ◽  
Religious Courts ◽  
Joint Property

This study aims to review the discussion on how the role of the Religious Courts towards the protection of women's rights in the distribution of joint assets in the decision Number 4698/Pdt.G/2019/PA.Tgrs and also how the considerations of the Religious Court Judges based on the Decision Number 4698/Pdt.G/2019 /PA.Tgrs. The research method used is normative juridical with a conceptual approach and a statutory approach. Data analysis uses a qualitative approach. The Religious Courts in protecting women's rights in cases of the distribution of joint property have a role and function to examine, adjudicate and decide on a case applying human rights values with respect for human dignity, non-discrimination, equality before the law, justice, benefit, legal certainty, and ex officio judges provide protection for women, by giving 70% of joint property to women and 30% to men by ignoring the Marriage Law and the Compilation of Islamic Law. Consideration of judges who ignore women's rights and have a patriarchal mindset towards child support. It is the duty of a man to provide for his children, an obligation that is neglected causes a man to be able to collect wealth while a woman to provide a living for children is the cause of not being able to collect wealth. Judges should consider this to create legal justice.

scholarly journals PERAN DAN FUNGSI MAHKAMAH SYAR’IYAH TERHADAP PERLINDUNGAN HAK PEREMPUAN DALAM PERCERAIAN

2021 ◽  
Vol 9 (1) ◽  
pp. 1
Author(s):  
Dian Eriani ◽  
Teuku Nazaruddin ◽  
Yusrizal Yusrizal
Keyword(s):  
Women's Rights ◽  
Government Regulation ◽  
Civil Servants ◽  
Structural Relationship ◽  
Women’S Rights ◽  
Conceptual Approach ◽  
Court Judge ◽  
Conducting Research ◽  
And Function ◽  
Role And Function

The authority of the Syar'iyah Court in the field of marriage has a lot of contact with the interests of women. The decisions made from these cases are expected to be able to fulfill women's rights in return for the perceived suffering. Has the Syar'iyah Court already played a role and function in its decisions and consideration has been gender responsiveness to protect women's rights. Specifically the rights of women arising from divorce, in the verdict and the rights of civil servants' wives due to divorce divorce. This study aims to determine the role of the Syar'iyah Court in protecting the rights of women in divorce through its decision. The method used is juridical normative with the conceptual approach and the statute approach. Data analysis uses a qualitative approach. After conducting research, the existence of legal innovations in the Syar'iyah Court and guided by Perma Number 3 of 2017 in protecting women's rights can be protected. The Syar'iyah Court has not yet fully given a concrete decision regarding women's rights as a result of divorced divorce by male civil servants. Judges' considerations are gender biased and have a patriarchal mindset, difficulty of execution due to the absence of structural relationship between the court and related institutions to be the reason for the judges to ignore Government Regulation Number 10 of 1983 as amended by Government Regulation Number 45 of 1990 concerning marriage licenses and divorce of civil servants civil. If the regulation has been ratified even though there is no structural relationship and order, the Judge is obliged to carry it out and that the Syar'iyah Court Judge in giving consideration must synergize between the divorce permit in filing the divorce request to court with the decision for civil servants

Reforming Muslim Family Laws in Non-Muslim Democracies

2017 ◽  
Author(s):  
Yüksel Sezgin
Keyword(s):  
Small Group ◽  
Women's Rights ◽  
Women’S Rights ◽  
Legal Systems ◽  
Muslim Countries ◽  
Civil Courts ◽  
Religious Courts ◽  
Muslim Family

Israel and Greece belong to a small group of countries that formally recognize and apply Muslim Family Laws (MFLs) within their legal systems. Although state-enforced MFLs affect human and women’s rights negatively, both Greek and Israeli governments have refrained from direct legislative interventions into substantive MFLs under their jurisdictions. Instead, they allowed civil courts to play the role of “reformer.” In this respect, the chapter asks whether civil courts in these two non-Muslim countries have been able to effect any substantive or procedural changes in MFLs. By analyzing the Israeli and Greek civil courts’ Shari‘a jurisprudence, the chapter shows that the effect of civil courts on MFLs has been mostly indirect, through pressure on religious courts/authorities to undertake self-reform.

scholarly journals RESISTENSI ULAMA DAYAH ACEH TAMIANG TERHADAP HAK-HAK PEREMPUAN DALAM KHI

2017 ◽  
Vol 41 (1) ◽  
Author(s):  
Muhammad Nasir
Keyword(s):  
Women's Rights ◽  
Islamic Law ◽  
Research Data ◽  
Women’S Rights ◽  
State Authority ◽  
Observation Method ◽  
Joint Property ◽  
Conservative Turn ◽  
Legal Procedures

<strong>Abstrak: </strong>KHI menurut beberapa kalangan sebagai wujud pembaharuan hukum Islam di Indonesia yang juga diklaim sebagai hukum yang banyak membela hak-hak perempuan, sekalipun masih ada kalangan yang berpendapat sebaliknya. Tulisan ini mengkaji bagaimana respons Ulama Dayah Aceh Tamiang terhadap pemberlakuan Kompilasi Hukum Islam (KHI), khususnya yang terkait dengan hak-hak kaum perempuan yang diatur dalam masalah pencatatan nikah, keabsahan talak dan harta bersama. Tulisan ini berangkat dari penelitian yang dilakukan terhadap Ulama Dayah Aceh Tamiang dengan menggunakan metode interviu dan observasi. Ada tiga teori yang dipergunakan dalam menganalisis data penelitian ini, yakni; Teori Relasi Negara dan Agama, Teori Otoritas Ulama dan Negara, dan Teori <em>Concervative Turn</em>. Penulis menemukan bahwa penentangan Ulama Dayah terhadap KHI dapat diidentifikasi pada dua tingkatan. Pertama, mereka tidak sependapat dengan beberapa aspek dari KHI seperti; pendaftaran pernikahan, harta kekayaan bersama dan prosedur hukum perceraian. Kedua, secara faktual bahwa Ulama Dayah tidak sepenuhnya terlibat dalam proses penyusunan rancangan naskah KHI tersebut.<br /><strong> </strong><br /><strong>Abstract</strong>:<strong> The Resistance of Ulama Dayah Aceh Tamiang Against Women’s Rights in Compilation of Islamic Law (KHI).</strong>This article provides the latest information on how the Ulama Dayah Aceh Tamiang's response to the implementation of the Compilation of Islamic Law (KHI), particularly related to women's rights regulated in the issue of marriage registration, the validity of divorce, and joint property. This paper is based on research  conducted on Dayah Aceh Tamiang Ulama by using interview and observation method. There are three theories used in analyzing this research data, namely; theory of relations of state and religion, theory of ulama and state authority, and theory of conservative turn. The finding of this article reveals that the resistance of the Ulama Dayah against KHI can be identified in two levels. Firstly, they disagreed with some aspects of KHI in such as marriage registration, joint property, and divorce legal procedures. Secondly, the fact that Ulama Dayah were not involved in the process of legal drafting of the KHI.<br /> <strong>                                                                              </strong><br /> <strong>Kata Kunci</strong>: <em>KHI</em><em>, </em>ulama dayah, hukum, keluarga, wanita

scholarly journals Transparansi Partai Politik dalam Rekrutmen Calon Legislatif

SASI ◽  
2020 ◽  
Vol 26 (1) ◽  
pp. 119
Author(s):  
Reny Heronia Nendissa ◽  
Claudio Patrick I Rahakbauw
Keyword(s):  
Political Parties ◽  
Research Method ◽  
Research Proposal ◽  
Conceptual Approach ◽  
Recruitment Patterns ◽  
And Function ◽  
Role And Function

The development of democracy, the role and function of political lebih parties is more complete. This is due to the large expectations that are developing, so the function and role of the party will increase. However, the pattern of recruitment of candidates who do not consider the requirements to gain the votes of political parties. Based on the aforementioned background, the problem to be studied is the regulating the recruitment patterns of legislative candidates by political parties. The research method used in this discussion is normative juridical research using a research proposal-law (statute approach) and accessing concepts (conceptual approach). there is a legislative candidate who can be moved freely to another party and only joins when he will be nominated as a candidate by setting aside the old conditions as cadres approved by the party. Through this agreement, it was agreed that political parties could be emphasized by the principle of their parties to select candidates through clear and transparent recruitment patterns

scholarly journals Pemberdayaan Ekonomi Anggota Koperasi Jasa Keuangan Syariah Melalui Produk Pembiayaan di Koperasi Simpan Pinjam dan Pembiayaan Syariah Muamalah Berkah Sejahtera Surabaya

2017 ◽  
Vol 4 (8) ◽  
pp. 657
Author(s):  
Ardian Dwi Bagus S ◽  
Muhammad Nafik Hadi Ryandono
Keyword(s):  
Financial Services ◽  
Islamic Law ◽  
Qualitative Approach ◽  
Economic Empowerment ◽  
Microfinance Institutions ◽  
Financial Products ◽  
And Function ◽  
Role And Function

The cooperation of sharia microfinance institutions that have a role and function of the build and develop potential and economic ability members in particular and the society in general to improve the economic and social welfare. The aim of this research is to find out the role of cooperation sharia financial services in economic empowerment of its members. The approach that is used is qualitative approach by case study as a strategy. In the technique of data collection using the techniques of interview directly to the related objects. This research indicated that the cooperative savings and financing sharia convenient Muamalah Berkah Sejahtera Surabaya has a role in the economic empowerment members through financial products by offering the financing products, with various desired model by its members and the most important thing is that these products are using the contract according to the Islamic Law.

Identifikasi Peran dan Strategi Pelabuhan Bebas Sabang

2020 ◽  
Vol 4 (3) ◽  
pp. 167-178
Author(s):  
Zurayna Sari
Keyword(s):  
Economic Development ◽  
Descriptive Analysis ◽  
Regional Growth ◽  
Maintenance Strategy ◽  
Regional Economic ◽  
Growth Center ◽  
Free Port ◽  
And Function ◽  
Role And Function

ABSTRAKPelabuhan berperan sebagai fasilitas penunjang pusat pertumbuhan regional dalam proses pembangunan ekonomi wilayah. Pelabuhan Bebas Sabang diarahkan sebagai pusat pertumbuhan ekonomi regional dan diharapkan dapat meningkatkan perekonomian Kawasan Sabang. Permasalahan yang dihadapi Pelabuhan Bebas Sabang adalah belum optimalnya peran dan fungsi Pelabuhan Bebas Sabang dalam menunjang perekonomian wilayah. Penelitian ini bertujuan untuk mengetahui peran Pelabuhan Bebas Sabang dalam mendorong perkembangan perekonomian Kawasan Sabang. Lingkup materi yang dibahas mencakup peran-peran Pelabuhan Bebas Sabang, menentukan potensi dan masalah serta upaya-upaya peningkatan peran Pelabuhan Bebas Sabang. Metode analisis yang dilakukan adalah analisis deskriptif dengan pendekatan analisis data kualitatif dan kuantitatif. Alat analisis yang digunakan adalah analisis SWOT IFAS-EFAS. Hasil analisis menunjukkan dalam kurun waktu 4 (empat) tahun terakhir dari tahun 2010-2013, Pelabuhan Bebas Sabang belum optimal dalam menjalankan perannya, sehingga membutuhkan strategi pengembangan dengan pendekatan Agressive Maintenance Strategy (strategi perbaikan agresif), yaitu strategi konsolidasi internal dengan memperbaiki faktor-faktor kelemahan untuk memaksimalkan pemanfaatan peluang.Kata kunci: Pengelolaan, SWOT IFAS-EFAS, WilayahABSTRACTPort was supporting facility of regional growth center in the process of regional economic development. Sabang free port was directed as the center of regional economic growth and expected to raise the economy of sabang. Problems faced by sabang free port was yet optimal role and function in supporting the economy of the region. This study aimed to determine the role of sabang free port in supporting the economic development of sabang. The covered material scope included roles of sabang free port, determining the potentials and problems and efforts of increasing the role of sabang free port. The method of analysis was descriptive analysis with qualitative and quantitative approach. The analytical tool used was the swot ifas-efas analysis. The analysis results showed in the period of 4 (four) years from 2010 until 2013, sabang free port was not optimal in carrying out its role yet, so it requires development strategies with agressive maintenance strategy approach, which is internal consolidation strategy by improving vulnerability factors to maximize the utilization of opportunities.Keywords:, Management, Regional, SWOT IFAS-EFAS

Islam, Gender, and Democracy in Comparative Perspective

2017 ◽  
Keyword(s):  
Human Rights ◽  
Comparative Literature ◽  
Gender Equality ◽  
Gender Inequality ◽  
Women's Rights ◽  
Women’S Rights ◽  
Muslim Countries ◽  
And Gender ◽  
Shed Light

This volume reframes the debate around Islam and women’s rights within a broader comparative literature. It examines the complex and contingent historical relationships between religion, secularism, democracy, law, and gender equality. Part I addresses the nexus of religion, law, gender, and democracy through different disciplinary perspectives (sociology, anthropology, political science, law). Part II localizes the implementation of this nexus between law, gender, and democracy, and provides contextualized responses to questions raised in Part I. The contributors explore the situation of Muslim women’s rights vis-à-vis human rights to shed light on gender politics in the modernization of the nation and to ponder over the role of Islam in gender inequality across different Muslim countries.

Beyond Bias

2020 ◽  
pp. 736-753
Author(s):  
Chelsea Barabas
Keyword(s):  
Best Practices ◽  
Criminal Law ◽  
Criminal Justice Reform ◽  
Trade Offs ◽  
System P ◽  
Accuracy Measures ◽  
Criminal Legal System ◽  
And Function ◽  
Role And Function

This chapter discusses contemporary debates regarding the use of artificial intelligence as a vehicle for criminal justice reform. It closely examines two general approaches to what has been widely branded as “algorithmic fairness” in criminal law: the development of formal fairness criteria and accuracy measures that illustrate the trade-offs of different algorithmic interventions; and the development of “best practices” and managerialist standards for maintaining a baseline of accuracy, transparency, and validity in these systems. Attempts to render AI-branded tools more accurate by addressing narrow notions of bias miss the deeper methodological and epistemological issues regarding the fairness of these tools. The key question is whether predictive tools reflect and reinforce punitive practices that drive disparate outcomes, and how data regimes interact with the penal ideology to naturalize these practices. The chapter then calls for a radically different understanding of the role and function of the carceral state, as a starting place for re-imagining the role of “AI” as a transformative force in the criminal legal system.

scholarly journals Sayyid Mumtaz Ali and ‘Huquq un-Niswan’: An Advocate of Women's Rights in Islam in the Late Nineteenth Century

1990 ◽  
Vol 24 (1) ◽  
pp. 147-172 ◽  
Author(s):  
Gail Minault
Keyword(s):  
Nineteenth Century ◽  
Women's Rights ◽  
Islamic Law ◽  
Late Nineteenth Century ◽  
Women’S Rights ◽  
Third Place ◽  
Late Nineteenth

Sometime in the late 1890s, Sayyid Mumtaz Ali visited Aligarh and happened to show Sir Sayyid Ahmad Khan the manuscript of his treatise in defense of women's rights in Islamic law, Huquq un-Niswan. As he began to read it, Sir Sayyid looked shocked. He then opened it to a second place and his face turned red. As he read it at a third place, his hands started to tremble. Finally, he tore up the manuscript and threw it into the wastepaper basket. Fortunately, at that moment a servant arrived to announce lunch, and as Sir Sayyid left his office, Mumtaz Ali snatched his mutilated manuscript from the trash. He waited until after Sir Sayyid's death in 1898, however, to publish Huquq un-Niswan.

Mumtaz Bibi's broken heart

2009 ◽  
Vol 46 (1) ◽  
pp. 105-130 ◽  
Author(s):  
Rohit De
Keyword(s):  
South Asian ◽  
Women's Rights ◽  
Common Ground ◽  
Islamic Law ◽  
Muslim Women ◽  
Women’S Rights ◽  
Legislative Process ◽  
The Public ◽  
Traditional Practitioners ◽  
Women In India

This article investigates the formation of a political consensus between conservative ulama, Muslim reformers, nationalist politicians and women's organisations, which led to the enactment of the Dissolution of Muslim Marriages Act in 1939. The Act was a radical piece of social legislation that gave South Asian Muslim women greater rights for divorce than those enjoyed by other women in India and Britain. Instead of placing women's rights and Islamic law as opposed to each other, the legislation employed a heuristic that guaranteed women's rights by applying Islamic law, allowing Muslim politicians, ulama and women's groups to find common ground on an Islamic modernity. By interrogating the legislative process and the rhetorical positions employed to achieve this consensus, the paper hopes to map how the women's question was being negotiated anew in the space created in the legislatures. The legislative debate over family law redefined the boundaries of the public and the private, and forced nationalists to reconsider the ‘women's question’. The transformation of Islamic law through secular legislation also gave greater licence to the courts in their interpretation, and widened the schism between traditional practitioners of fiqh and modern lawyers.

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