TINJAUAN FIQH SIYASAH DUSTURIYAH TERHADAP UNDANG-UNDANG NOMOR 16 TAHUN 2011 TENTANG BANTUAN HUKUM

The focus of the study in this research is on the perspective of fiqh siyasah dusturiyah to the Legislation Number 16 of 2011 concerning Legal Aid. The purpose of this paper is to explain and analyze how the implementation of Legal Aid towards the fulfillment of the rights and justice of the people based on the Indonesian constitution and fiqh siyasah dusturiyah perspective. Legal Aid itself is so that the rights of the people can be fulfilled in cases in court and out of court. In carrying out Legal Aid must use the principle of justice. Justice is meant to place the rights and obligations of everyone in a proportional, proper, correct, good and orderly manner, the principle of equality in law is that everyone has the same rights and treatment before the law and the obligation to uphold the law. In Islamic courts, the idea of providing legal aid has been formed. The principles of justice and equality before the law or the fulfillment of people's rights are included in the concept of legal aid. The provisions of Islamic law are the most fundamental basis for the existence of Legal Aid in the Islamic legal process.

“Please Give Me My Voice”: Women’s Out-of-Court Divorce in a Secondary City in Senegal

Divorce is not uncommon among Muslims in Senegal and tends to take place outside of court, even if the Senegalese Family Code has made out-of-court divorce illegal. Yet little is known about how women in particular may obtain divorce outside of the court. This article provides ethnographic material on the way women divorce out-of-court, and the repertoires of justification they draw on. In line with scholarly work on women’s use of Islamic courts in other countries the article foregrounds women’s agency, yet in a different out-of-court context. First, it is shown that women draw on multiple, gendered, repertoires. Second, it is argued that because family members play a central role in the divorces studied, the analysis of women’s agency requires an attentiveness to kin and women’s “kinwork”.

Al-Shabaab

The Somalia-based Harakat al-Shabaab al-Mujaheddin, commonly known as al-Shabaab, is a violent nonstate armed actor that has been designated a terrorist group. Its origins are a function of domestic and international factors that include the resurgence of political Islam in Somalia, the Afghan War of 1979 to 1989, state collapse and the prominent rise of the Union of Islamic Courts in the country. Consequently al-Shabaab adopted Islamism, in particular Salafi jihadism, as a political ideology to achieve its objective of creating an Islamic caliphate in the Horn of Africa. Since its formation in 2006, al-Shabaab’s organizational structure, its strategies and tactics of radicalization, recruitment, financing, and military warfare have been based on Islamist doctrines. Al-Shabaab’s effective use of Salafi jihadism to pursue its objectives has made it the greatest threat to peace and stability in Somalia. By establishing links with international groups that advocate a similar ideology, such as al-Qaeda, al-Shabaab has successfully managed to transform itself from a domestic to a transnational actor, thereby also constituting a threat to international security.

Extremism as a threat to the national security of Somalia

Al Shabaab is the largest militant organization fighting to oust the Somali government and the foreign military presence supporting it.1Al-shabab seeks to control the country in order to establish a society based on its rigid interpretation of Shariah law. Although based in Somalia, Al Shabaab also conducts attacks in neighboring countries, notably Kenya. Al Shabaab emerged as an independent organization around December 2006 after breaking away from the Islamic Courts Union (ICU), for which it had served as the military wing. Since the late 2000s, Al Shabaab has had close ties to Al Qaeda and other external extremism groups and has sought to frame the Somali struggle as part of a global jihadist movement. The group has engaged in bombings, suicide attacks, and armed assaults, especially against Somali government targets, private civilians, Christians, diplomats, foreign troops, and nongovernmental organization or aid workers .

Legal Reasoning for Legitimation of Child Marriage in West Java: Accommodation of Local Norms at Islamic Courts and the Paradox of Child Protection

This article discusses challenges posed by the implementation of international human rights law through the case of child marriage in Indonesia. Supporting data consist mostly of court decisions and interviews with judges carried out at three separate Islamic courts in West Java. Results show that the Indonesian pluralistic legal system is structurally organized so as to accommodate human rights norms with religious concerns and customary practices, which therefore provides judges with significant leeway in arbitrating between different types of law, which conflict on the question of child marriage. Left at the discretion of judges, rulings on child marriage cases may result in religious or customary law being favoured over state and international law. Judges do so to ‘protect children’ from social stigma, which is associated with pregnancy and sexual intercourse out of wedlock.

John’s Court in a Comparative Context

How did John’s court compare to those of other rulers in his own period and with earlier and later courts? Variation in the quality and quantity of sources makes precision difficult. Nonetheless, what we know about court culture in other European countries in the twelfth and thirteenth centuries suggests that many aspects of court culture were similar across a wide range of territories. Indeed, one can even find similarities with Byzantine and Islamic courts. The evidence also indicates a great deal of continuity across the long historic arc of court culture in Western Europe. However, this continuity was combined with gradual but cumulatively radical change, so that by the early modern period, courts had become much larger and more complex, and very different in other respects as well.

Finding the Local in Islamicate History Writing in India (1200–1400 CE)

This paper discusses the idea of the “local” as it applies to Persian history writing across the thirteenth and fourteenth centuries and produced in South Asia. Geographers ordered land and space with the concepts of climes (s. iqlīm) and regions (kishvar) which reflected different peoples and climates. Historians more generally related geography to power, and kingdoms (s. mamlakat) served as the primary geographical framework. How did imperial ideologies formulated in thirteenth and fourteenth-century Islamic courts define India through geographical and historical concepts? Does the idea of the “local” exist as a conceptual idea in history writing? This paper is concerned to understand how historical knowledge was used in this political context to define the localities and regions of India in relation to Delhi and other Islamic courts of India.