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Journal articles on the topic 'Islamic family law'
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Sportel, Iris. "Who’s Afraid of Islamic Family Law? Dealing with Shari‘a-based Family Law Systems in the Netherlands." Religion and Gender 7, no. 1 (February 19, 2017): 53–69. http://dx.doi.org/10.18352/rg.10211.
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In the Netherlands, where views of Muslims and Islamic family law are highly politicised, the application of Islamic family laws by Dutch courts is a topic of heated political debate. Especially polygamy and unilateral divorce by men (talaq) are thought to have a strongly negative impact on the position of Muslim women in the family. In order to assess the gendered impact of Islamic family laws in a European context, this article takes a closer look at Dutch state courts’ decisions. It asks how the application of Islamic family laws can be understood against the background of Dutch political discourses on Islam, family law and women’s rights. While in public and political debates, Islamic family laws are frequently thought to be women-unfriendly, this article shows that the encounter between Islamic family laws and Dutch law often has severe impact on the position of Muslim men living in the Netherlands.
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Spectorsky, Susan. "Women, Family, and Gender in Islamic Law." Islamic Law and Society 17, no. 2 (2010): 286–88. http://dx.doi.org/10.1163/092893810x504047.
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Fauzan, Fauzan. "PROGRESSIVE LAW PARADIGM IN ISLAMIC FAMILY LAW RENEWAL IN INDONESIA." Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan 7, no. 2 (September 30, 2020): 187. http://dx.doi.org/10.29300/mzn.v7i2.3617.
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This paper discusses the progressive legal paradigm in renewal Islamic family law in Indonesia. Starting from the complexity of family problems in the contemporary era, the presence of progressive legal thinking is one of the foundations in order to provide certainty and justice in society. The results of this study indicate that legal reform progressive in the field of Islamic family law can be noticed from law enforcement through court decisions. Various judges’ decisions have created jurisprudence and are used as guidelines for Religious Court judges in deciding cases. This can be seen from the decisions of the constitutional justices, including regarding the restrictions on polygamy, the status of children out of wedlock and the age of marriage which was later successfully revised with the issuance of Law 16 of 2019 concerning Amendments to Law 1 of 1974 concerning Marriage. In the context of progressive legal reform in Indonesia, judges use reinterpretation of religious texts (fiqh), and understand the social context of modern society dynamics. For this reason, judges are required to be more courageous not only to be bound textually, but also to put forward the goal of realizing justice and benefit in the midst of society. Thus, the main legal objectives will be realized, namely substantive justice, benefits, and legal certainty because the law is basically for humans, not for the law itself
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Lukito, Ratno. "Religious ADR: Mediation in Islamic Family Law Tradition." Al-Jami'ah: Journal of Islamic Studies 44, no. 2 (December 30, 2006): 325. http://dx.doi.org/10.14421/ajis.2006.442.325-346.
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Mediasi adalah salah satu metode resolusi konflik yang banyak menjadi kajian dalam studi Alternative Dispute Resolution (ADR), atau Resolusi Konflik Alternatif). Kelebihan dari teori ini terletak pada metodenya yang sepenuhnya menyerahkan proses resolusi tersebut kepada para pihak yang sedang konflik. Mediator dengan demikian sekadar memfasilitasi proses resolusi tersebut agar berjalan dengan baik. Keputusan akhir tetap berada pada para pihak yang berkonflik. Namun begitu, selama ini kajian mengenai mediasi ini tidak pernah melibatkan nilai-nilai agama. Sistem ilmu mengenai hal ini lahir dari masyarakat sekuler sehingga dilihat sebagai subjek yang terpisah dari kajian agama. Penulis berpendapat bahwa sejatinya banyak nilai-nilai yang sudah ditawarkan oleh agama terkait mediasi ini. Islam sebagai contoh telah menawarkan metode mediasi sebagai salah satu sarana dalam pencapaian perdamaian, khususnya dalam hal konflik keluarga. Dalam tulisan ini penulis mendeskripsikan tentang teori umum mediasi dalam sistem keilmuan ADR dan kemudian menghubungkannya dengan tradisi mediasi dalam masyarakat Islam yang diambil dari Quran 4:35. Dalam argumentasinya penulis mengemukakan bahwa interpretasi terhadap ayat tersebut dengan menggunakan teori-teori mediasi modern sangat penting untuk dilakukan, sehingga implementasi teori mediasi Islam dapat lebih ditingkatkan efektifitasnya.
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Nopriadi Saputra, Adler Haymans Manurung, Muhammad Asrorun Niam Sholeh,. "The Influential Factor of Family Resilience: Awareness of Islamic Law on Family." Psychology and Education Journal 58, no. 1 (January 1, 2021): 3195–207. http://dx.doi.org/10.17762/pae.v58i1.1261.
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Covid-19 as worldwide pandemic which lead to health crisis in physical, mental, and also financial dimension is demanding resilience of family. This article is an attempt to examine resilience of family as social system and to assess impact of the Islamic law awareness and other factors on family resilience. This article is based on quantitative and cross-sectional study which involved 296 young people and family as respondents from all-over Indonesia. The collected data was analyzed by PLS SEM approach and analyzed by SmartPLS version 3 for statistical testing. The result explained that family resilience is influenced by the awareness of Islamic law on marriage, parenting quality, and personal financial management. The awareness also impacts on personal financial management and parenting quality. By leveraging awareness of Islamic law in young people and family, it is going to improve the family resilience during Covid 19 crisis
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Witro, Doli, Ali Hamzah, Ike Yulisa, Mhd Rasidin, Syamsarina Syamsarina, and Hainadri Hainadri. "Turkish State Family Law: History Reform, Legislation, and Legal Materials." Politica: Jurnal Hukum Tata Negara dan Politik Islam 7, no. 1 (December 30, 2020): 31–42. http://dx.doi.org/10.32505/politica.v7i1.1621.
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Historically, efforts to reform Family Law in parts of the Islamic world began to be realized in the late 19th century AD. The reality of Islamic legal reforms carried out in Islamic countries in North Africa, the Middle East, Central Asia, and Southeast Asia gave rise to unprecedented changes in the last century. These changes occur both in the justice system and in the system applied. Changes to family law were first carried out by Turkey, then followed by Lebanon in 1919, Jordan in 1951, and Syria in 1953. Muslim countries in the world, in their context with the renewal of family law, are divided into three categories. First, an Islamic state that does not carry out any renewal and still enforces family law as stipulated in the books of fiqh. Secondly, an Islamic state that has completely abandoned Islamic family law and adopted European civil law. Third, countries that are trying to enforce Islamic family law but after making reforms here and there. This paper tries to discuss one of the reforms carried out by one Muslim country, namely Turkey, which is related to the reformation (reform) of family law that starts from the history of reform, legislation, renewal, and legal material. The author chose Turkey because it is the first Muslim country to make changes to family law.
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Qadoos, Abdul, and Murat ŞİMŞEK. "Ways for Peaceful Society in Islamic Law." IJISH (International Journal of Islamic Studies and Humanities) 3, no. 1 (April 26, 2020): 32. http://dx.doi.org/10.26555/ijish.v3i1.1913.
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Every individual is the first unit of the society. Family becomes by living the individuals together and then society becomes by the different family groups. The family happiness and prosperity is based on the individual while the society happiness and prosperity lies on the groups of family. Although the establishment of a peaceful society is essential for the prosperity of the country. It is a universal fact that no country can develop until and unless the existence of peace in any field. Peace is the foremost priority in the development of the country. That is why in the modern world, those countries that are in the race for development, in fact there is peace. Peace is the only way that can lead the people to a successful life, and this is the philosophy that Allah revealed to His Prophet Mohammed fourteen hundred years ago in the last book of the Holy Qur┐’n. Allah says. Translation: And (I grant a) peace in fear. Islam is a peaceful religion, its best examples, we can see, in the practical life of Holy Prophet (SAW). He was the Messenger of Allah (SWT) to convey the message of honesty, piousness, peace, mercy, integrity, and love. He had never done any activity which indicate act of terrorizing, misconduct, racism and violation against humanity. This study was aimed to analyze the basic and essential virtues of Islam for establishment of peaceful society in Islamic Law.
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Rahmawati, St. "Mainstreaming of Gender Equality in Islamic Family Law: Opportunities and Challenges." Samarah: Jurnal Hukum Keluarga dan Hukum Islam 4, no. 2 (December 28, 2020): 360. http://dx.doi.org/10.22373/sjhk.v4i2.8110.
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This study discusses the mainstreaming of gender equality in Islamic family law. As it is known, gender equality and Islamic law have axiological links in realizing family household that practices the universal values such as justice, literature, peace, love, compassion, etc. This research is a qualitative study with a gender perspective linked to Islamic law. The discussion showed that a number of opportunities were found as normatively affirmed in the Qur'an which has the same spirit as the mainstreaming of gender equality in Islamic family law. Likewise, legal rules such as the Compilation of Islamic Law and the development of Islamic studies caused the normative theological understanding to support gender equality. However, it cannot be denied that the understanding of theological texts has begun to erode in the context of the implementation of Islamic family law. For the challenges, there were several aspects that hinder the mainstreaming of gender equality in Islamic family law, namely marginalization of women, community stereotypes against women, subordination of women, double burden on women, and violence against women.
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Ma'rifah, Nurul. "Positivisasi Hukum Keluarga Islam sebagai Langkah Pembaharuan Hukum Islam di Indonesia: Kajian Sejarah Politik Hukum Islam." Al-Manahij: Jurnal Kajian Hukum Islam 13, no. 2 (November 28, 2019): 243–57. http://dx.doi.org/10.24090/mnh.v13i2.2692.
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This paper discusses the making Islamic family law a formal law in the perspective of the political history of Islamic law in Indonesia, which cannot be separated from the role of the regime since the beginning of the Old Order era. In this era, the regime showed its alignment with the renewal of Islamic law. However, when the regime was not as firm and tended to be democratic, as it was during the Reformation era, Islamic family law reform tended to be stagnant. On the other hand, the history of Islamic family law renewal also experienced ups and downs because it is affected by political configurations, in which Indonesian Muslims attitudes could be classified into progressive and Islamist groups. Progressive groups try to fight for the renewal of Islamic family law contextually; whereas Islamist groups are more textual in responding to Islamic family law reform.
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Yulisa, Ike, Muhamad Yusuf, Doli Witro, Luqyana Azmiya Putri, Mhd Rasidin, and Nurul Alamin. "Arrangement and Dynamication of Family Law Updating in Indonesia." Al-'Adl 13, no. 2 (July 24, 2020): 285. http://dx.doi.org/10.31332/aladl.v13i2.1879.
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In Indonesia, family law is well regulated in law or government regulations. In this case, with the increasingly complex family law issues supported by divorce rates, which reached 398,245 in 2015, then in 2017, it increased to 415,898, and with the development of science and technology, so many problems arise both in terms of muamalah or family law itself. For this reason, structuring is needed through legal reform that makes it follow what is needed by the wider community. Starting from this, this paper will discuss the arrangement of Islamic family law and the dynamics of family law reform in Indonesia. This study aims to provide an overview of the arrangement of Islamic families and Islamic family law reform in Indonesia. This paper uses qualitative research methods that are library researching. The data in this article was obtained from books, journals, articles, magazines related to the structure and dynamics of family law reforms in Indonesia. After the data is collected, the writer analyzes with data analysis techniques, namely data reduction, data presentation, and concluding. The results of the study show that the structure and dynamics of family law in Indonesia, when viewed in the context of Islamic law reform, reveal a unique and problematic portrait of reform. It is said so because Indonesia applies three legal systems, namely customary law, Islamic law, and Western law.
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Nasution, Khoirudin. "Women's Right in the Islamic Family Law of Indonesia." Unisia 28, no. 56 (May 26, 2005): 192–204. http://dx.doi.org/10.20885/unisia.vol28.iss56.art10.
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Ali Abubakar. "THE CHANCE ON ISLAMIC FAMILY LAW STUDY IN INDONESIA." PETITA: JURNAL KAJIAN ILMU HUKUM DAN SYARIAH 4, no. 1 (July 29, 2019): 42–55. http://dx.doi.org/10.22373/petita.v4i1.13.
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Among the numerous problems frequently discussed by Islamic jurists is the separation of Muhammad's functions between as a Prophet or Apostle and as the head of a state. Sunnah as a reflection of the former must be carried out as it is, while the sunnah that represents the latter should be seen through adjusting the context to particular places and times. In general, the former is much related to the issues of ritual practices (Ibadah / God worshiping) which are regarded static or fixed in nature; probability of changes and development does not seem to appear in this domain although diversity does exist. Contrawise, a study on Muhammad's function as the head of state will experience progressive changes because it involves changes of variables such as time, place, circumstance, motivation, and tradition. However, due to the nature of bidimensionality of Islamic law, Muhammad's gait as the head of state is inseparable from the textual content of revelation which is rigid in nature; such particular content will stay unchanged across space and time. This content is called "value" (e.g. Syamsul Anwar), or maqāṣid al-syarī`ah (al-Ghazali, al-Syāṭibī, al-Ṭūfī, Ibnu Asyūr) or — ratio legis (Fazlur Rahman). The law can experience changes in adjustment to space and time under the same textual content in use as a guide
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Nasution, Khoiruddin. "Women's Rights In The Islamic Family Law Of Indonesia." Jurnal Hukum IUS QUIA IUSTUM 12, no. 28 (January 30, 2005): 147–59. http://dx.doi.org/10.20885/iustum.vol12.iss28.art10.
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Magnarella, Paul J., and Ziba Mir-Hosseini. "Marriage on Trial: A Study of Islamic Family Law." Journal of the Royal Anthropological Institute 1, no. 2 (June 1995): 449. http://dx.doi.org/10.2307/3034744.
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Wadud, Amina, and Ziba Mir-Hosseini. "Marriage on Trial: A Study of Islamic Family Law." Journal of Law and Religion 15, no. 1/2 (2000): 511. http://dx.doi.org/10.2307/1051559.
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Islamy, Athoillah. "GENDER MAINSTREAMING IN THE HERMENEUTICS OF ISLAMIC FAMILY LAW." Al-Bayyinah 4, no. 1 (June 30, 2020): 20–35. http://dx.doi.org/10.35673/al-bayyinah.v4i1.686.
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Sadari, Sadari. "Quo Vadis Hukum Keluarga Islam dalam KHI dan Upaya Desakralisasi untuk Relevansi Seiring Modernitas dan Keindonesiaan." JURNAL INDO-ISLAMIKA 5, no. 1 (February 25, 2020): 75–108. http://dx.doi.org/10.15408/idi.v5i1.14788.
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This article reveals the fact that in Islamic Family Law, there are a number of anomalies and crisis, for instance, Islamic Law Compilation (KHI) on polygamy and mixed-religion marriage which contains discrimination and intolerance. This, however, is caused by its enforcement bound by civil law and merely to theMoslem communities. The article introduces the nationalization and internationalization of Islamic family law in the KHI, thus eliminating discrimination and intolerance. This will be sought by creating coherence between KHI and modernity issues such as: Human Rights, democracy, civil society, nation state and constitutionalism in the effort to desacralization. When added with the term desacralization, it will mean to liberate people from superstitious constraints (mythology) in some aspects, yet reserving the sacralization, not undermining or abandoning religious orientation in the norms and values of society, especially in the Islamic Family Law. Understanding this fundamental, desacralization of Islamic family law is, hence, Quo Vadis Islamic Family Law, that will eventually create progressive Islamic Family Law consistent with modernity and Indonesian ideology
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Berger, Maurits S. "Conflicts Law and Public Policy in Egyptian Family Law: Islamic Law Through the Backdoor." American Journal of Comparative Law 50, no. 3 (2002): 555. http://dx.doi.org/10.2307/841062.
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Yusupova, Nigora. "Important Terms And Conditions Of Marriage Agreement In Islamic Law." American Journal of Social Science and Education Innovations 02, no. 11 (November 16, 2020): 36–48. http://dx.doi.org/10.37547/tajssei/volume02issue11-07.
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Today, a comprehensive study of social aspects, cultural and spiritual, as well as socio-economic, legal, educational and organizational features of family relations is one of the questions of the hour. The relevance of the issue is that, first of all, at the present stage of development of our society, it is socially necessary to conduct a scientific analysis of the Islamic doctrine regarding family relations in the process of increasing the spirituality of the Uzbek people, including religious literacy. Secondly, when analyzing and studying the basic principles of Sharia norms, it is necessary to correctly use this knowledge in the search for solutions to issues, reasons, and the nature of growing family divorces, which is very relevant today. In this regard, this article highlights the essence and characteristics, as well as the socio-economic, spiritual and cultural foundations of the conditions and obstacles to marriage, in Islamic teachings, which were considered in the region as traditions. The article also examines and comparatively analyzes the religious, spiritual, legal, economic and educational factors of the conditions of marriage: free mutual consent to marriage, participation of witnesses in marriage, equality, makhr; circumstances that prevent marriage: a ban on marriage between relatives, issues of marriageable age under Islamic law with the norms of family law.
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Arofik, Slamet. "Sketsa Hukum Keluarga Islam Dalam Literatur Arab Kontemporer." Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman 7, no. 1 (September 2, 2019): 52–67. http://dx.doi.org/10.52431/tafaqquh.v7i1.185.
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Abstract: Islamic Family Law (Ahwal Syakhsiyah) is a set of rules and procedures in the household ranging from pre-marriage, the implementation of marriage to the usual things that occur after marriage. Plus the chapter endowments, wills, grants and inheritance. This paper will explain the sketch and the existence of Islamic Family Law (IPR) in Contemporary Arabic literature. This finds the value of urgency considering that Islamic Family Law in the contemporary period has become an independent and separate study from other fiqh studies although basically Islamic Family Law is part of Jurisprudence. The creativity shown by the mujtahid and the next generation of Islamic thinkers through the means of ijtihad manifests the flexibility of Islamic law, especially IPR and can keep it away from the threat of stagnation which results in Islamic law being like a fossil because it is unable to match the times.
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Almihdar, Zainah. "Children’s Custody under Islamic Law: Whose Right Is It?" Muslim World Journal of Human Rights 15, no. 1 (December 19, 2018): 125–32. http://dx.doi.org/10.1515/mwjhr-2018-0019.
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Abstract In the absence of a codified Family Law, the Kingdom of Saudi Arabia has traditionally applied the Hanbali school of Islamic Law in its family courts. However, the court’s handling of children’s custody cases has been criticised as being too rigid and narrow in interpreting the principles of Islamic Law. To overcome some of the problems faced in children’s custody cases, the Saudi authorities have recently made a number of Directions and Decisions for the family courts to follow. Through looking at these measures and some relevant court judgements, this Article aims to shed some light on the effect of these changes in emphasising the human rights of children in family law cases.
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Ruslin, Ruslin. "Competence Interpertations of Religious Court For Islamic Family Law in Indonesia." Aloha International Journal of Multidisciplinary Advancement (AIJMU) 1, no. 5 (May 31, 2019): 106. http://dx.doi.org/10.33846/aijmu10702.
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Limitation study area in this article is the starting point of three scholarly foundations, the foundation of ontology related to the object of study, epistemological ground with regard to the method used in the study and axiology related to foundation with the purpose or significance of the study. The object of study in this article is the competence of the Religious Court in the interpretation of Islamic family law in Indonesia, covering permasalahan Interpretation of Family Law Islamic Religious Courts Indonesia, procedures Interpretation of Family Law Islamic Religious Courts Indonesia, judgment of Religious Courts in Indonesia there Interpretation Law and competent in the interpretation of Islamic Family Law in Indonesia Religious Courts. The method used, the study included a kind of normative legal studies approach to the blade, then the method of analysis, there are three, namely: (1) political approach, (2) statue approach, (3) analytical approach. The data source materials normative, ie competence Religious Courts of Indonesia and all sources of Islamic family law that is set in the regulations and legislation arranged in hierarchical.Techniques are Data collections to study for the document. This study, including qualitative assessment of normative, the analytical descriptive analysis (explanatory). Theoretical framework used, ie at the level of grand theory using the theory of ijtihad, the middle level of theory using the theory of law and society and on the plains applied theory using the theory of Islamic Sharia Judical system. While the significance of this study is to find the source of the law, the legal function and purpose of law. The results in the study which were to find the nature of legal interpretation procedures, problems that are interpreted in the Religious and who are competent to interpret the Islamic family law in Indonesia Religious Courts.
Keywords: interpretation; Islamic family law; justice religion
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Berger, Maurits. "PUBLIC POLICY AND ISLAMIC LAW: THE MODERN DHIMMĪ IN CONTEMPORARY EGYPTIAN FAMILY LAW." Islamic Law and Society 8, no. 1 (2001): 88–136. http://dx.doi.org/10.1163/156851901753129683.
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AbstractEgyptian law has maintained the Islamic system of interreligious law in which the Muslim, Christian and Jewish communities are governed by their own courts and their own laws. In the course of the twentieth century, however, these separate courts were abolished and the application of non-Muslim laws was restricted to matters of marriage and divorce, and then only if the non-Muslim spouses share the rite and sect of the same religion. In all other cases Islamic law applies. In addition, non-Muslim laws may not be applied if they violate Egyptian "public policy", a European concept which refers to the fundamentals of a national legal order. Egyptian public policy can be defined as those principles which are essential in Islamic law. In this article I analyse the status of the non-Muslim Egyptian in contemporary personal status law, based on Egyptian case law and legal literature. The concept of public policy plays a key role in understanding the mechanics of interreligious law in Egypt. I will argue that public policy serves as a legal barometer of the coexistence between Muslim and non-Muslim communities in Egypt.
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Yakin, Ainul, and Musta’in Syafi’ie. "Euthanasia Active in Perspective of Islamic Inheritance: An Overview of Islamic Law." SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam 4, no. 1 (June 30, 2020): 25. http://dx.doi.org/10.22373/sjhk.v4i1.6524.
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Science and technology experience rapid development and progress. This is due to the increasing number of modern discoveries. Among the technological discoveries that are very important are inventions in the field of medicine. With modern medical equipment, a patient's suffering can be alleviated. But in reality, there are still some patients who cannot be avoided from severe suffering. Patients suffering prologed pain bring out compassion from the family. To release his suffering, the family who cannot bear to see his condition asks the doctor to take actions that can shorten the life of the patient, this kind of action in medicine is known as euthanasia. The Purpose of this research to find out how the position of inheritance rights for applicants of active euthanasia in the view of Islamic inheritance. This research uses library research by collecting books and scientific works related to the problem being discussed. The results of this study indicate that active euthanasia carried out by the hospital at the request of the heirs is seen as a barrier to inheritance, because it includes intentional and planned killings. Heirs are also seen as too hasty to get the right of inheritance.
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Sitorus, Iwan Romadhan, and Yusmita Yusmita. "THE AGE OF MARRIAGE ON INTERDISIPLINARY ISLAMIC LAW PERSPECTIVES." Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan 7, no. 1 (June 19, 2020): 1. http://dx.doi.org/10.29300/mzn.v7i1.3137.
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Law Number 16 Year 2019 in article 7 provides an age limit for each person who will marry at the age of 19 years for men- and 19 years for women. The age limit given by the law does not look comprehensively in biological, sociological readiness, and so on. The modified law should be able to realize the benefit of the husband and wife in fostering the household. Determination of marriage age aims to protect offspring, create a family that is sawah mawaddah wa rahmah, maintain lineage, maintain family relationships, maintain diversity in the family, and prepare for maturity in the economy by paying attention to various aspects, both aspects, psychological, sociological, biological and certainly religious aspects. so that it can create a family in accordance with the marriage ceremony
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Haris, Munawir. "Pembaharuan Atas Hukum Keluarga di Indonesia: Satu Tinjauan Sosiologis." Ulumuna 19, no. 1 (June 29, 2015): 137–58. http://dx.doi.org/10.20414/ujis.v19i1.1254.
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The renewal of Islamic law is essentially contrary to something that already exists (existing) then undergoes a qualitative change as a product of interaction in public life. It could be argued that the process of renewal of Islamic law is seen as something autonomous, but it also interacts with other elements in society that occur interdependently. Therefore, the concept of renewal of Islamic law requires adaptive stance with social conditions in which it interacts. In this case, the realization of the principle of al-muh}āfaz}atu ‘alā al-qadīmi al-s\ālih} wa al-akhdhu bi al-jadīd al-as\lah} (Maintaining the old one if it is still good and accept the new or changed if it is considered better) became a necessity. Within the framework of family law renewal in Indonesia, Islamic law has a very strategic and important role. From the sociological point of view, Islamic family law has deeply rooted in the Muslim daily live and become a living law in the midst of the majority of Indonesian people. Renewal of Islamic law in the context of family law in Indonesia includes four categories namely fiqh, fatwā, jurisprudence and legislation. This article explores these four categories and shows how reform influence these domains.
DOI: http://dx.doi.org/10.20414/ujis.v19i1.1254
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Keri, Ismail. "LEGISLASI HUKUM KELUARGA ISLAM BERDASARKAN KOMPILASI HUKUM ISLAM." Ekspose: Jurnal Penelitian Hukum dan Pendidikan 16, no. 2 (April 14, 2019): 361. http://dx.doi.org/10.30863/ekspose.v16i2.97.
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Islamic Family Law consists of fundamental nationalities that always live and develop along with the development of society in the life of the nation. The configuration of national life interests is an instrument contested by the nation's components in these interests in the path of the state constitution, thus gaining a place of legitimacy in the process of constructing a national legal order. The history of national legal legislation has included the Compilation of Islamic Law as one of the country's alignments with the process of Islamic family law into National law. At the same time, the recovery of the development of Islamic Family Law is increasingly lively as the process of finding answers to Islamic problems in the archipelago's insight, how: Compilation of Islamic Law accommodates changes in the application of Islamic family law in Indonesia?The description that can be obtained in this study shows that based on the history of beginning, the Compilation of Islamic Law is present as meeting the needs of the Islamic community as well as filling in the gaps that occur in the Religious Courts whose authority is regulated in Law No. 7 of 1989. However, in its journey, a number of studies and studies explained that the Compilation of Islamic Law contained a variety of potential criticisms, in which the Compilation of Islamic Law was deemed to be no longer sufficient in resolving various complex complexity problems. Therefore it is necessary to reconstruct the Compilation of Islamic Law by paying attention to the principles of equality (al-muswah), brotherhood (al-ikhâ`), and justice (al-`adl), as well as basic ideas for the formation of civil society, such as pluralism, gender equality , Human rights, democracy, and egalitarianism, so that the needs of Islamic family law can be fulfilled in several such as Constitutional aspects, Content aspects (Material / Content and Ideas), Aspects of Islamic Law Enforcement (rule of law) in the Indonesianness frame.
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MOKHTARI, SEYEDEH REZVANEH, and BEHROOZ MOKHTARI. "A STUDY OF FAMILY ADVOCATE LAWS AND POLICIES IN IRAN (POST-ISLAMIC REVOLUTION)." Caspium Securitatis: Journal of Caspian Safety & Security 1, no. 1 (2021): 81–92. http://dx.doi.org/10.21672/2713-024x-2021-1-1-081-092.
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The study of social developments in Iran indicates slow but wide-ranging changes in recent years. With the Islamic Revolution (1979), Iranian society gradually faced increasing waves of fundamental cultural changes. The Islamic Republic of Iran, as the crossroads of Islam and modern law, considers the family as the fundamental unit of society and a sacred institution and therefore has always advocated “family. Based upon the tenth article of the Iranian constitution all laws, legal measures, regulations, and planning related to the family must be based on Islamic law and ethics (Islamic sharia) in order to facilitate its formation, protect its sanctity and strengthen family relations. The number of laws and policies and bills that were introduced in the period after the victory of the Islamic Revolution and in direct or indirect connection with the family institution is proof of this claim. This qualitative research has studied those policies and laws (1979 to 2020) that have represented the aim of advocating “Family”. Critical analysis has been used in the text as amethod of research. According to the results of the analysis, while “Governmental” reactions to “Family” issues have been mostly of economic essence and conservative approach, “Judicial” reactions have remained more responsible in case of addressing the contemporary problems of the “Family” institution. It is noteworthy that a review of legal policies shows that changes in the institution of the family have been identified by the government. A finding that shows the relative independence of the legal sphere from the sphere of government action. After the Iranian revolution, policies and programs have been implemented to support the family in the face of the challenges of modernization. Therefore, the purpose of this essay is to study the changes and developments of the family in the context of law and policy making and its impact on Iranian policy in the field of family.
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Wahyudi, Muhamad Isna. "JUDGE’S DISCRETION IN ISLAMIC FAMILY LAW: INDONESIAN RELIGIOUS COURTS EXPERIENCE." Jurnal Hukum dan Peradilan 3, no. 3 (November 28, 2014): 203. http://dx.doi.org/10.25216/jhp.3.3.2014.203-212.
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Tension between Islamic legal tradition and the modern nation state’s role in establishing dan reforming law has become the global controversies and conflicts in Muslim countries over the last decades including Indonesia. Since the enactment of Law No.1/1974 on Marriage, then Compilation of Islamic Law (Kompilasi Hukum Islam/KHI) under President Instruction No.1/1991, dualism of the validity of marriage has been arising in Indonesian Muslim society. The dualism has led to ambivalence towards law enforcement among judges of religious courts in dealing with the petitions for the legalization of marriage while the Law restricts the petitions to marriages before the enactment of Law No.1/1974. In this case, judges of religious court have deviated from the state law by granting legalization to marriages occurred after the enactment of Law No.1/1974. Such deviation is known as judge’s discretion. Despite judges of religious courts seem to adhere to the Islamic legal tradition than the State law in the case of legalization of marriage; they have deviated from Islamic legal tradition or state law in terms of the fulfillment of divorced wife’s rights, joint property, custody, and inheritance. Their discretion is merely to provide the justice to the litigants when the application the letter of the law is contradictory to justice. In this way, they have also taken a part in reforming the Islamic FamilyLaw.Keywords: judge, discretion, justice.
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Arifin, Syamsul. "KAJIAN SOSIOLOGIS DALAM HUKUM KELUARGA ISLAM." Ijlil 1, no. 2 (February 7, 2021): 196–215. http://dx.doi.org/10.35719/ijl.v1i2.98.
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Sociological studies in Islamic family law are an alternative to legal research, which is a legal research not only in the forms of existing rules, but also examines the law in the legal reality that occurs in society. Sociological studies become a different point of view, where Islamic family law research is very close to syara 'law, determining whether or not it is permissible according to syara'. Sociological research Sociological research can be a research explaining the phenomenon of Islamic family law studied with social theories. Moreover, the family is the smallest social structure in the social world. The study of legal practices in matters related to the Islamic family becomes legal studies not only in the form of normative doctrinal, but empirical non-doctrinal.
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Abdullah, Raihana. "A Study of Islamic Family Law in Malaysia: A Select Bibliography." International Journal of Legal Information 35, no. 3 (2007): 514–36. http://dx.doi.org/10.1017/s0731126500002481.
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Islamic Family Law is one of the most studied fields in Malaysian law. This is because it affects the personal life of Muslims, and because many issues have arisen as a result of the implementation of the Islamic Family Law Enactment which governs Muslims in Malaysia. Scholarship in this area has expanded with the development of the Enactment itself. Several approaches have been used to analyze the implementation of the lawinter alia,legal, socio-legal, comparative, and anthropological and sociological perspecitves. It cannot be denied that research and scholarly publications in the field of Islamic Family Law have contributed to further strengthening the administration of justice and the implementation of the law. As such, this paper is intended to describe the trends in the area of Islamic Family Law. Doing so will assist in ascertaining the direction of this field in the future.
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Fikriyah, Uswatul. "Engagement Cancellation and Its Legal Implication In Malaysia (Woman’s Rights Perspective)." JURISDICTIE 6, no. 2 (March 13, 2017): 98. http://dx.doi.org/10.18860/j.v6i2.4102.
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This article aims to describe the legal implication of engagement cancellation in Malaysia and to analyze the woman’s rights protection aspect in Act 303 Islamic Family Law Federal Territory 1984 in Malaysia. This article based on library research focuses on regulation Islamic Family Law Federal Territory Act 303 year 1984 of Malaysia, particularly concerning on about betrothal or Engagement. The result of this study show that the implication of engagement itself could open the opportunities to both of bride and groom to understand and know each other. The implications of engagement cancellation that can be taken from section 15 Act 303 Islamic Family Law Federal Territory. In Islamic family law in Malaysia especially Act 303 Federal Territory Islamic Family Law 1984 women have rights in accordance with their position, namely in the form of rights before marriage, the rights within marriage and the last is the rights after divorce. Women's rights protection aspects contained in the Act 303 Islamic Family Law Federal Territory generally not only in case of engagement cancellation or breach of promise of marriage (bethrothal) but in all the rights of women in marriage. It has the purpose to protect women's rights.
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Syarif, Nurrohman. "The Discourse and Practice of Islamic Family Law in Indonesia." Psychology and Education Journal 58, no. 1 (January 20, 2021): 5201–12. http://dx.doi.org/10.17762/pae.v58i1.1774.
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Family law is the most powerful law practiced in Islamic history, but this does not mean that it avoids the demands of changing times. Today, there are no less than thirteen problems related to family law that have arisen in the Muslim world. This problem arises not only because of demands for changing times, but also because of efforts to unify, codify and legislate Islamic law in a number of Muslim countries. This problem requires not only solutions but also reforms. This study aims to examine the model of understanding, practicing, reforming and transforming Islamic law in Indonesia and its impact on the position of standard classical fiqh books and the independence of judges in the Religious Courts. This research is a non-doctrinal normative qualitative research type. This study found a variety of models in the exploration, practice and reform of family law in Indonesia. The impact of the reform and transformation of family law in Indonesia is that classical fiqh books are no longer used as the main reference and the Religious Court System is closer to the civil law system. However, the reform and transformation of family law in Indonesia did not reduce the independence of religious judges in exploring and discovering more contextual Islamic law.
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Nashuddin, Nashuddin. "EARLY-AGE MARRIAGE IN PERPECTIVE OF INDONESIAN ISLAMIC FAMILY LAW." Al-Mawarid 15, no. 2 (November 14, 2015): 97–122. http://dx.doi.org/10.20885/almawarid.vol15.iss2.art5.
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Fauzi, Achmad. "THE JUDGE’S ROLE IN ISLAMIC FAMILY LAW REFORM IN INDONESIA." Al-Mawarid 15, no. 2 (November 14, 2015): 161–76. http://dx.doi.org/10.20885/almawarid.vol15.iss2.art8.
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Fuad, Ahmad Masfuful. "CEDAW AND THE RIGHTS OF KINSHIP IN ISLAMIC FAMILY LAW." Al-Mawarid 15, no. 2 (November 14, 2015): 177–90. http://dx.doi.org/10.20885/almawarid.vol15.iss2.art9.
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Shehada, Nahda. "Flexibility versus Rigidity in the Practice of Islamic Family Law." PoLAR: Political and Legal Anthropology Review 32, no. 1 (May 2009): 28–46. http://dx.doi.org/10.1111/j.1555-2934.2009.01022.x.
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Halper, Louise A. "Women's Rights and Islamic Family Law: Perspectives on Reform (review)." Journal of Middle East Women's Studies 2, no. 3 (2006): 102–4. http://dx.doi.org/10.1353/jmw.2006.0031.
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Layish, Aharon. "Islamic Law in the Modern World." Islamic Law and Society 21, no. 3 (June 30, 2014): 276–307. http://dx.doi.org/10.1163/15685195-00213p04.
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The essay provides a general account of some of the main changes that Islamic law has undergone since the late 19th century: the transformation of Islamic law from a jurists’ law to a statutory law; the displacement of the ʿulamāʾ as the exclusive interpreters of Islamic law; and the secularization and nationalization of Islamic law through the judicial practice of the Constitutional Court and civil courts in Egypt. Other issues include the impact of the West on Islamic law; the reduction of Islamic law in Turkey to the sta-tus of custom; the collapse of traditional family law and the waqf institution; the Isla-mization of custom in tribal societies; and the application of Islamic law in a non-Muslim state. In the conclusion, I assess the chances of reinstating Islamic law and Islamizing the statutory legal corpus based on the experience of Iran, the Sudan and Egypt.
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Berger, Maurits. "Secularizing Interreligious Law in Egypt." Islamic Law and Society 12, no. 3 (2005): 394–418. http://dx.doi.org/10.1163/156851905774608242.
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AbstractAmong the fifteen recognized Muslim, Christian and Jewish communities in contemporary Egypt, nine religious family laws are applicable. There is no civil or secular marriage: the creed of the individual Egyptian determines which family law is applicable. The question as to which law applies when the spouses are of different religions is answered by the so-called interreligious rules that determine which law prevails. According to Egyptian legal doctrine, these interreligious rules are based on Islamic law and, in particular, the prevailing opinion of Hanafi legal doctrine. In this article it will be shown that the legal reforms of 1955 have created substantial changes, not of, but within the framework of Egyptian interreligious law. These developments illustrate how Egyptian law formally adheres to the legacy of Islamic law, but allows for new albeit unobtrusive interpretations of Islamic law that are of a secular rather than religious nature.
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Moustafa, Tamir. "Islamic Law, Women's Rights, and Popular Legal Consciousness in Malaysia." Law & Social Inquiry 38, no. 01 (2013): 168–88. http://dx.doi.org/10.1111/j.1747-4469.2012.01298.x.
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Drawing on original survey research, this study examines how lay Muslims in Malaysia understand foundational concepts in Islamic law. The survey finds a substantial disjuncture between popular legal consciousness and core epistemological commitments in Islamic legal theory. In its classic form, Islamic legal theory was marked by its commitment to pluralism and the centrality of human agency in Islamic jurisprudence. Yet in contemporary Malaysia, lay Muslims tend to understand Islamic law as being purely divine, with a single “correct” answer to any given question. The practical implications of these findings are demonstrated through examples of efforts by women's rights activists to reform family law provisions in Malaysia. The examples illustrate how popular misconceptions of Islamic law hinder the efforts of those working to reform family law codes while strengthening the hand of conservative actors wishing to maintain the status quo.
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Nasir, Mohamad Abdun. "Islamic Law and Paradox of Domination and Resistance." Asian Journal of Social Science 44, no. 1-2 (2016): 78–103. http://dx.doi.org/10.1163/15685314-04401006.
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Judicial divorce symbolises women’s resistance to the domination of local interpretations and practices of Muslim family law in Lombok, such as male arbitrary repudiation and polygamy. In this pattern, husbands hold the privilege to terminate marital unions unilaterally and remarry without their wives’ consent. These practices find their grounds in classical-medieval Islamic jurisprudence (fiqh), which is endorsed by the custom of patriarchal society. It is by turning to the court that women attempt to subvert such hegemonic discourses. By examining divorce cases from the religious courts, and looking at their broader socio-religious and cultural contexts, this study attempts to propose an analysis of judicial divorce as a locus of women’s resistance against male domination endorsed by local practices of Islamic law, customary law and state law, and examines an important dimension of contemporary practice of Islamic family law, which reveals patterns of domination and resistance.
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Razaana Denson. "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 41, no. 4 (March 24, 2021): 704–50. http://dx.doi.org/10.17159/obiter.v41i4.10485.
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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.
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Ismail, Ismail. "Pembaruan pemikiran hukum keluargaIslam di Indonesia." Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan 11, no. 2 (December 31, 2011): 145. http://dx.doi.org/10.18326/ijtihad.v11i2.145-163.
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Islamic family law or ahwal al-shakhsiyyah has prevailed in Indonesia since the inception of the law no. 1year 1974 concerning with marriage and the compilation of Islamic law in Indonesia (KHI) in 1991.Islamic family law run in Indonesia is not exactly the same as those contained in the books of classicaljurisprudence (fiqh). From its materials has been found in the legislation, there are a number of newprovisions that was different from those classical Islamic jurisprudence such as in marriage record, agerestrictions of marriage, polygamy, inheritance and wasiah wajibah etc. These new provisions were issuedby scholars and contemporary Islamic jurists in the context of law reform.
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Khalaphi, Ali, Mohammad Roshan, and Ebrahim Taghizadeh. "Kinds of Physical Subtraction in Islamic Jurisprudence and Iranian Law." Journal of Politics and Law 9, no. 2 (March 31, 2016): 163. http://dx.doi.org/10.5539/jpl.v9n2p163.
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<p>It must be said that the family foundation is based on agreement, dedication, recognition of others rights and to respect them, observing the principle of sacrifice and patience in adversity. If a couple could not compromise with each other, regardless of its reason, this important foundation will be decomposed and agreement in family will strengthen the power of family. By provocation of differences, family will lose its function and disagreements will show up that may lead to divorce. In Iran legal system, the only foundation that can be said has similarities with physical separation, is the foundation of ‘Uddah’ after revocable divorce. In the period of said ‘Uddah’, the couple has some responsibilities of marriage, but there is no force of coexistence and coition. Special docility with meaning of responding to sexual needs of couple is not among the joint task.</p>
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Arif, Arif Sugitanata. "Hukum Keluarga Islam Di Brunei Darussalam." Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan 8, no. 1 (July 12, 2021): 1–12. http://dx.doi.org/10.32505/qadha.v8i1.2275.
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This article tries to explain how to reform the field of Islamic family law in Brunei Darussalam while at the same time describing the background and product of family law reform itself. The data used in this study is a qualitative study, then the method used is descriptive-analytical. With conclusions that include, first, family law is a law that has provisions on the territory of family members within the scope of the household which includes certain fields such as marriage, descent, maintenance, hadhanah, guardianship, and inheritance. Second, the background of the birth of Islamic law reform that occurred in this era was caused, among other things, to fill the legal vacuum because the norms contained in the fiqh books did not regulate it, while the legal needs of society continued to grow, the influence of economic globalization and science and technology, the influence of reforms. in various fields that provide opportunities for Islamic law to become a reference in national law, the influence of reforming Islamic legal thought, both by foreign Islamic law experts and national Islamic law experts, especially regarding the development of science and technology as well as gender issues and thirdly, the product of family law reform in Brunei Darussalam is divided into two scopes, namely munakahat and Mawaris, where part of the munakahat itself includes, Marriage Registration, Minimum Age Restriction for Marriage, Role of Marriage Guardian, Polygamy, Divorce, Khulu', Rujuk. Whereas in Mawaris it includes mandatory wills.
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Rustum, M. D. Leqaa Abdul Hussein. "Provisions relating to Balasthalh in Islamic law." ALUSTATH JOURNAL FOR HUMAN AND SOCIAL SCIENCES 214, no. 1 (November 11, 2018): 135–56. http://dx.doi.org/10.36473/ujhss.v214i1.623.
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After my studies for this research showed me the importance of clarifying the meaning of impossibility and its effects on materials that we rely on in our daily lives, whether these substances food or drink, as well as the statement of the jurisdiction of the decomposition of the wine and vinegar whether the analysis to enter the other element or analyze their own, and I thank ALLAH who has facilitated me complete this search and guided me in writing and ask acceptance and payment, and Praise be to Allah, the Lord of the Worlds, and blessings and peace be upon the Prophet Muhammad and his family and him.
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Büchler, Andrea. "Islamic family law in Europe? From dichotomies to discourse – or: beyond cultural and religious identity in family law." International Journal of Law in Context 8, no. 2 (April 30, 2012): 196–210. http://dx.doi.org/10.1017/s1744552312000043.
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AbstractIn a number of European countries there are fears that foreign, particularly Islamic, family law is becoming entrenched. All parties to this discussion see themselves as under threat. Migrant populations claim their right to cultural identity, while their host countries' domestic populations see a risk to social cohesion. Family law brings the underlying tensions into sharp focus. Cultural and religious identity and family law are interrelated in a number of ways and raise various complex issues. European legal systems have taken various approaches to meeting these challenges, many of which have been apologetic, and few of which have been informed by theory. I propose to examine this complexity and indicate areas in which conflicts may arise by analysing a family-law case involving migrants living transnationally. I will include questions of international private law, comments on the various degrees of consideration accorded to cultural identity within substantive family law, and remarks on models of legal pluralism and the dangers that go along with them. I will conclude with an evaluation of approaches which are process-based rather than institution-based.
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Fitriyani, Fitriyani. "Aspek-aspek Pembaruan Hukum Islam dalam Hukum Keluarga di Indonesia." TASAMUH: Jurnal Studi Islam 11, no. 2 (September 2, 2019): 249–70. http://dx.doi.org/10.47945/tasamuh.v11i2.162.
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Islamic law reform is essentially contrary to something that already exists (existing) then undergo a qualitative change as a product of interaction in public life It could be argued that the process of law reform Islam is seen as something autonomous, but he also interacts with other elements in society that occurred interdependent. Therefore, the concept of renewal of Islamic law requires adaptatif stance with social conditions in which it interacts. In this case, the realization of the principle of al-muhafadzah 'ala al-qadim wa al-Salih al-akhdzu bi al-jadidi al-ashlah (maintaining the old one if it is still good and accept the new or changed if it is considered better), became a necessity. Within the framework of family law reform Indonesia, Islamic law meempunyai a very important role and strategic. Said, because the family law of Islam. in addition to recognized as a source of juridical law, also has universal principles and in accordance with the personality of the Indonesian nation. In fact, sociologically Islamic family law has taken root and become law who live in the midst of the majority of Indonesian people. Renewal of Islamic law in the context of family law Indonesia includes four categories, namely; jurisprudence, fatwa, jurisprudence and legislation.
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Haqqi, Abdurrahman Raden Aji. "RELIGIOSITY IN CRIMINAL LAW: ISLAMIC PERSPECTIVE." Diponegoro Law Review 4, no. 1 (April 30, 2019): 1. http://dx.doi.org/10.14710/dilrev.4.1.2019.1-20.
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The fundamental premises of Islamic law are that Allah has revealed His will for human-kind in the Holy Quran and the inspired example of the Prophet Muhammad (Peace be Upon Him), and that society's law must conform to Allah's revealed will. The scope of Islamic law is broader than the common law or civil law. In addition to core legal doctrines covering the family, wrongs, procedure, and commercial transactions, Islamic law also includes detailed rules regulating religious ritual and social etiquette. In Islam, religiosity is not asceticism in monasteries nor is it chattering from the pulpits. Instead, it is behaving in a manner that is requested from the Creator under all circumstances, places and times, in belief, statement and actions. Historically, law and religion have never been completely separated. They have never been so independent as to achieve complete autonomy from each other. Religion has essentially been embodied in legal systems, even in those that have aspired to privatize religion. Based on this fact, this paper discusses such fact i.e religiosity on specific theme of Islamic law that is criminal law which means the body of law dealing with wrongs that are punishable in Islamic law with the object of deterrence.