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Journal articles on the topic 'Islamic law. Government law'

Author: Grafiati

Published: 7 June 2025

Last updated: 16 July 2025

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1

Tanjung, Dhiauddin. "CULTIVATING GOVERNMENT LAND FOR PERSONAL INTERESTS FROM ISLAMIC LAW AND POSITIVE LAW." JHSS (JOURNAL OF HUMANITIES AND SOCIAL STUDIES) 6, no. 1 (2022): 040–44. http://dx.doi.org/10.33751/jhss.v6i1.5205.

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One of the problems that is almost difficult to solve in Indonesia is the problem of land that is managed by both regional and central governments and then cultivated and used by the community individually and for personal interests not the interests of the general public. government land that is used for the welfare of the people for personal interests according to Islamic law and positive law, secondly how are the sanctions for cultivating the land for personal interests according to Islamic law and positive law. In this study the author uses a normative/doctrinal legal research method, name

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Mattson, Ingrid. "Islamic Law and Religion." American Journal of Islam and Society 10, no. 4 (1993): 575–78. http://dx.doi.org/10.35632/ajis.v10i4.2486.

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Although the seminar's presentations were not centered around asingle issue in Islamic law, two common purposes were apparent: to explorethe nature of change in Islamic law and to understand the relationshipbetween religious authority and the practice of the law.It is useful to begin with the presentation of Abbas Amanat (YaleUniversity) on the history of modem Shi'i law, since he was the onlyspeaker who held to the characterii.ation of Islamic law (at least in modemIran) as removed from practical life, concerned with insignificant detailsof ritual, and heir to a textual tradition reduced to c

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Ridwan, Muannif, Ahmad Syukri Saleh, and Abdul Ghaffar. "Islamic Law In Morocco: Study on The Government System and The Development of Islamic Law." ARRUS Journal of Social Sciences and Humanities 1, no. 1 (2021): 13–22. http://dx.doi.org/10.35877/soshum539.

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This study discusses Islamic law in Morocco. The author focuses on the study of the government system and the development of Islamic law there. This study used descriptive qualitative method or so-called literature study /library research. Literature study examines data by exploring, observing, examining, and identifying existing knowledge in the literature to get a conclusion of truth, both philosophical and empirical. This study concludes that Morocco is a Muslim country, the population is more than 98% embraced Islam, the system of government is a democratic, social and constitutional monar

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Munir, Badrul, Yenny Sri Wahyuni, and Teuku Awis Aulia. "COMPARATIVE LAW REPATRIATION INDONESIAN CITIZEN EX FOEIGN ISLAMIC STATE IRAQ AND SYIRIA ABOUT INDONESIA LAW AND ISLAMIC LAW." Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial 12, no. 1 (2022): 59. http://dx.doi.org/10.22373/dusturiyah.v12i1.12269.

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The issue of citizen became the hot news on sosial meda country in Indonesian. On February 1 2020, the National Counter terrorism Agency exchanged international intelligence information with countries in the Middle East and got around 600 Indonesian citizens who were former combatants of the Islamic State of Iraq and Syria (ISIS). This polemic has become a hot topic of discussion among the government and the people of Indonesia about the fate of Indonesian citizens (WNI) whether they can be returned to their homeland or left alone in shelter camps in Syria. The formulation of the problem studi

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Fazry Maulana, Muhammad, Agustina Nurhayati, Rudi Santoso, Maimun Maimun, and Rita Zaharah. "IMPLEMENTATION OF ARTICLE 46 LAW NUMBER 18 OF 2019 CONCERNING ISLAMIC BOARDING SCHOOLS SIYASAH FIQIH PERSPECTIVE." Constitutional Law Society 3, no. 1 (2024): 36–48. http://dx.doi.org/10.36448/cls.v3i1.61.

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Islamic boarding schools are community-based institutions and founded by individuals, foundations, Islamic community organizations, or communities that instill faith and devotion to Allah SWT, which creates noble morals and upholds the Islamic teachings of rahmatan lil'alamin which are reflected in a humble, tolerant, balance, moderation, and noble values of the Indonesian nation through education, Islamic preaching, example, and community empowerment. The data analysis method used is a qualitative descriptive method using an inductive thinking process. The implementation of Article 46 of Law

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Dude, Hendra, Fenty U. Puluhulawa, and Nina Mirantie. "Pemenuhan Hak Pendidikan Bagi Penyandang Disabilitas Perspektif Hukum Nasional dan Hukum Islam." Al-Mizan 16, no. 1 (2020): 153–76. http://dx.doi.org/10.30603/am.v16i1.1831.

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This research discusses the fulfillment of the right to education for persons with disabilities. After the enactment of Law Number 8 of 2016, one of the government's obligations is to guarantee the right to education. This research is library research that is analyzed descriptively qualitatively with the approach of national law and Islamic law. The results showed that: first, Islamic law regulates equal rights in education without any distinction between physically normal people and people with disabilities. Likewise, national law has been regulated in Law Number 8 of 2016. However, this regu

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Aminah, Siti, and Arif Sugitanata. "Genealogy and Reform of Islamic Family Law: Study of Islamic Marriage Law Products in Malaysia." JIL: Journal of Islamic Law 3, no. 1 (2022): 94–110. http://dx.doi.org/10.24260/jil.v3i1.556.

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As an Islamic country, Islamic family law reform in Malaysia is experiencing various dynamics. This article aims to examine the genealogy, reform, and products of Islamic family law in the field of marriage (munakahat) in Malaysia. The authors find that Malaysia’s Islamic law reform is divided into three periods using literature research. In the Malay period, Islamic values were generally embedded in the law in Malaysia. During the British colonial period, English law had dominated and was used as common law, which was absorbed in various legislation and jurisprudence in Malaysia. It was only

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Dzar Nuzul, Andi Abu, and Hamzah Hamzah. "THE ENVIRONMENTAL LAW ENFORCEMENT: IN THE FRAMEWORK OF POSITIVE LAW AND ISLAMIC LAW." Al-Bayyinah 4, no. 2 (2020): 179–95. http://dx.doi.org/10.35673/al-bayyinah.v4i2.906.

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The environmental law enforcement is a form of re-actualization of the hopes and dreams of a good living environment. The portion and content of positive law in environmental law enforcement are sufficient in ensnaring perpetrators of environmental destruction. In Islamic law, environmental enforcement is something that must be guarded and preserved, this is stated in the Qur'an and hadith. This study is a literature study, which examines the legislation on environmental enforcement and text arguments relating to the environment. The approach in this study is a formal juridical approach to the

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Amelia, Nur, and Zuhliyah Fitriani Luthfi. "KETERKAITAN AGAMA DAN NEGARA SERTA PENGGUNAAN HUKUM POSITIF YANG BERSUMBER PADA SYARIAT ISLAM." Jurnal Syariah Hukum Islam 1, no. 2 (2018): 120–28. https://doi.org/10.5281/zenodo.2025787.

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The relationship between religion and the State cannot be separated like fish and water. the second has a very close reciprocal relationship because the government is run together, based on the word of God, legal norms are determined by religious agreement even though the norm is contrary to the religious norms of the human world itself which then produces the State and religion are only seen as a fantastic realization of humans and religion is only complaints of oppressed beings. In the view of Islamic law enforcers, Islamic law is a law that must be upheld if social justice is to be achieved

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Sunarto and Winda Sari. "Perkembangan Hukum Keluarga Islam di Indonesia: Dari Masa Kolonialisme hingga saat ini." Qonuni: Jurnal Hukum dan Pengkajian Islam 4, no. 01 (2025): 1–16. https://doi.org/10.59833/0136py75.

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The development of Islamic family law in Indonesia has undergone significant transformations since the colonial era to the modern imperialist era. During the Dutch colonial period, Islamic family law was governed in a limited manner, aligned with the colonial government's policies that prioritized customary law. However, with the emergence of religious courts, Islamic law gradually gained recognition within the framework of family law. Following independence, the codification of Islamic family law continued to evolve, marked by the enactment of the Marriage Law No. 1 of 1974 and the Compilatio

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Nurhadi, Nurhadi. "ANALYSIS OF LAFADZ TA'LIQ TALAK IN ISLAMIC LAW PERSPECTIVE AND CIVIL LAW OF MARRIAGE/COMPILATION OF ISLAMIC LAW." Jurnal Hukum & Pembangunan 49, no. 3 (2019): 757. http://dx.doi.org/10.21143/jhp.vol49.no3.2198.

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Actually marriage is a sacred thing. The contract that unites the two opposite sexes is bound strongly (mitsaqan ghalizha). A strong agreement is concluded in the agreement between the guardian and the prospective husband. Indonesian civil law requires saying sighat ta’liq husband to his wife. The core content of sighat ta’liq is a conditional divorce between the two if the conditions have been fulfilled. Islamic law considers marriage to be legitimate if it has enough conditions and pillars, without sighat ta'liq. Indonesian law requires the requirements of sighat ta'liq in government policy

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Pahlevi, Mohd Reza, Fakhrul Husni, and Ramazana. "Implementasi Syariat Islam dan Strategi Dakwah." Pawarta: Journal of Communication and Da'wah 3, no. 1 (2024): 27–40. https://doi.org/10.54090/pawarta.804.

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Islamic preaching and Sharia law are important instruments in realizing a society that is in accordance with Islamic values. In the province of Aceh, Islamic preaching serves as the spiritual and intellectual foundation for supporting the comprehensive implementation of Sharia law. This study aims to identify the role of the government and religious institutions in strengthening da'wah (proselytizing) and the role of the Aceh government in supporting the implementation of a holistic Islamic sharia based on local wisdom. The research method used was a descriptive qualitative method. Data was so

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Supriadi, Supriadi. "Legal Standing of Coastal Reclamation: Islamic and Positive Law Perspectives." Hasanuddin Law Review 1, no. 2 (2016): 258. http://dx.doi.org/10.20956/halrev.v1i2.312.

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In several regions, the implementation of reclamation in Indonesia caused much conflict. At least, it caused by three interests; the interest of the government, employers, and society (fishermen). The interests of the Government and local authorities to give permission to reclaiming for the pursuit of local revenue, the interests of employers to reclaiming the coastal, because they wanted to add company’s revenues, while the interests of society (fishermen) to defend coastal areas so it not diminish their livelihood. Reclamation in Indonesia has been governed by legislation, but it has not bee

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Supriadi, Supriadi. "Legal Standing of Coastal Reclamation: Islamic and Positive Law Perspectives." Hasanuddin Law Review 1, no. 2 (2016): 258. http://dx.doi.org/10.20956/halrev.v1n2.312.

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In several regions, the implementation of reclamation in Indonesia caused much conflict. At least, it caused by three interests; the interest of the government, employers, and society (fishermen). The interests of the Government and local authorities to give permission to reclaiming for the pursuit of local revenue, the interests of employers to reclaiming the coastal, because they wanted to add company’s revenues, while the interests of society (fishermen) to defend coastal areas so it not diminish their livelihood. Reclamation in Indonesia has been governed by legislation, but it has not bee

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Zulkarnain, Zulkarnain, Sharifah Nadiah Syed Mukhiar, Muhajir Muhajir, Al Mutia Gandhi, and Syiva Fitria. "SHARIA IN PUBLIC SPACE: COMMUNICATION MODELS IN THE ADOPTION OF ISLAMIC SHARIA IN URBAN MUSLIM SOCIETY IN LANGSA, ACEH." Akademika : Jurnal Pemikiran Islam 28, no. 2 (2023): 261. http://dx.doi.org/10.32332/akademika.v28i2.7468.

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The application of Islamic law in Langsa City is currently still reaping the pros and cons, until now the application of Islamic law is not going well. Good communication is needed between the government and the people of Aceh to build harmony in the application of Islamic law. This article aims to analyze the communication model built by the Langsa City government for the Urban Muslim Society to socialize the implementation of Islamic law. This paper is generated from empirical research with a qualitative approach, the main data obtained from in-depth interviews with parties directly involved

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Nurhadi, Nurhadi. "COLLECTION OF ZAKAT FOR CIVIL STATE EMPLOYEES ACCORDING TO ISLAMIC LAW AND LAW." Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) 2, no. 2 (2020): 114–24. http://dx.doi.org/10.31538/iijse.v2i2.475.

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The history sheet reveals the development of formal legal amil zakat in Indonesia in 1968 the ratification of Minister of Religion Regulation (PMA) Number 4 of 1968 concerning the Establishment of the Amil Zakat Agency (BAZ) and PMA Number 5 of 1968 concerning the Establishment of Baitul Maal (PBM). Precisely on December 12, 1989 was issued the Instruction of the Minister of Religion (Inpres) 16/1989 concerning the Development of Zakat, Infaq and Shadaqah (PZIS). Then in 1998-1999 and 2001-2003 BAZNAS was formed with the Presidential Decree so that in 2011 the rule of zakat processing emerged

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17

Hartanto, Widi, and Abdul Halim. "Stelionaat Crime from a Criminal Law Perspective and Islamic Criminal Law." IJRAEL: International Journal of Religion Education and Law 3, no. 1 (2024): 13–25. http://dx.doi.org/10.57235/ijrael.v3i1.2022.

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This research was conducted to analyze how Islamic law and criminal law view land grabbing (Stelionaat). Soil is something that is essential for human life so it is a very vital object, and at the same time problems often occur in it. This research was conducted using qualitative income with primary and secondary data sources. The results of the research revealed that there were specifically no Islamic regulations regarding land grabbing, but Caliph Umar once punished someone for committing this act. Meanwhile, criminal law is generally regulated in Law no. 5 of 1960 concerning Agrarian Princi

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18

Sahrasad, Herdi Sahrasad, Al Chaidar, and T. Alfiady. "An Interpretation on Sharia, Islamic Nomocracy and the Muslim World: The Case of Aceh Special Region." Proceedings of International Conference on Social Science, Political Science, and Humanities (ICoSPOLHUM) 4 (January 25, 2024): 00003. http://dx.doi.org/10.29103/icospolhum.v4i.371.

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Many ulemas, clerics and Islamic Scholars in the Muslim World look to Islamic Constitutionalism as their best chance of achieving justice, prosperity, and independence, as this article illustrates. Since "God is abstract, only God's laws are real," Many Islamic Scholars, clerics and Islamists argue that Islamic nomocracy, or power based on Allah's commandments, is the best form of government for Muslims. The term "Islamic law" is commonly used to refer to a political system founded on Islamic law (Shari'ah). Aceh's regional government administration system and the environment of implementing s

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Mohd. Kamal, Mohd Hisham. "AN ISLAMIC PERSPECTIVE ON THE RULE OF LAW." IIUM Law Journal 30, no. 2 (2022): 201–25. http://dx.doi.org/10.31436/iiumlj.v30i2.750.

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The rule of law means the government must operate based on the principles of law. The rule of law is significant for good governance and sustainable development. For this reason, all States need to improve this aspect in their governments. Muslim States may need motivation from the religion itself, and in order to cater to this need, this article discusses the rule of law based on the Islamic sources of reference, including verses of the Qur’ān, the practice and saying of Prophet Muḥammad (s.a.w.), and the practice of his Rightly Guided Caliphs. This article finds that the idea of the rule of

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Nasrullah, Nasrullah. "Kontribusi Teori Sanksi dan Asas Pembuktian terhadap Jarîmah Korupsi di Indonesia." ISLAMICA: Jurnal Studi Keislaman 9, no. 2 (2016): 479. http://dx.doi.org/10.15642/islamica.2015.9.2.479-502.

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<p>Islamic law consists of a set of norms, principles and rules of law enforcement, dealing with the eradication of corruption. In the history of Islamic law, there have been the theories and principles of Islamic law, such as the theory of <em>jawâbir</em>, <em>zawâjir</em>, and the principle of <em>min ayn lak hâdhâ</em> (known as the reversed evidence) regarding the application of criminal sanctions of corruption. The application of criminal sanctions of corruption in Indonesia, especially with regard to the principle of reversed evidence has not be

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Harahap, Khoirul A. "Kebijakan Pemerintah Republik Indonesia dan Hukum Islam Mengenai Poligami: Sebuah Kajian Perbandingan." Volksgeist: Jurnal Ilmu Hukum dan Konstitusi 2, no. 1 (2019): 89–105. http://dx.doi.org/10.24090/volksgeist.v2i1.2684.

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Based on Law No. 1 of 1974 about Marriage, the Government of Indonesia has determined to adhere to the principle of monogamy in terms of marital arrangements. However, the Government of Indonesia does not decline polygamy opportunity for its citizens who wish to marry more than one person with some determined conditions and procedures. In the perspective of Islamic law, polygamy is permissible, but not mandatory and recommended. The law of polygamy in Islamic law follows the circumstances and conditions of someone who wants to practice polygamy. This study seeks to analyze and compare the Gove

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Hidayat, Syaiful. "Tata Negara dalam Perspektif Fiqh Siyâsah." Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman 1, no. 2 (2013): 01–21. http://dx.doi.org/10.52431/tafaqquh.v1i2.10.

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Dimensions of Islamic teachingsare verybroad and universal. Islamis notonly desirableas a means ofactivity ritualism but more than that, Islam has beenable to answer and becamethe foundation of social lifeis absolutely. One dimension of Islam it is the system of government of a country. Islam also offers concept and system of government based on religious values ??are sublime. State is a means to establish and enforce Islamic law to the public at large. Objective To achieve that the Islamic law should be organized formally in a state institution as practiced by Prophet Muhammad SAW and forward

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Efendi, Aan, Dyah Ochtorina Susanti, Lulik Tri Cahyaningrum, and Sudarsono Sudarsono. "The Right to Self-Defence: Locke’s Philosophical Approach and Islamic Law." De Jure: Jurnal Hukum dan Syar'iah 17, no. 1 (2025): 72–89. https://doi.org/10.18860/j-fsh.v17i1.29506.

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The right of self-defence is adopted in positive law. Self-defence in forced conditions due to aggression that threatens life, body, or property becomes the basis for exemption from punishment. This study uses the doctrinal type of legal research to justify the right of self-defence from the perspective of Locke's philosophy and Islamic law by collecting, analysing, and interpreting primary and secondary sources of law. In Locke's philosophy, the right to self-defence derives from the executive power of natural law that an individual has in a state of nature to be the judge and executor of nat

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Wulandari, Ratih Agustin, Rila Ananda Putri, Izzati Afta Rizki, Aji Tomi Rahmawan, Sri Wahyuni, and Muhammad Ihsan. "Enforcement of Human Rights for Comparative Child Protection Positive Law and Islamic Law." JETISH: Journal of Education Technology Information Social Sciences and Health 2, no. 2 (2023): 834–44. http://dx.doi.org/10.57235/jetish.v2i2.869.

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This journal aims to find out and understand how Islamic law views child protection. The type of research conducted by the authors is descriptive analytical juridical research. Based on the results of this research, it can be concluded how the protection of human rights for children in the perspective of positive law, in Indonesia has been stipulated Law of the Republic of Indonesia No. 39 of 1999 concerning Human Rights which includes children's rights, the implementation of obligations and responsibilities of parents, families, communities, government and the state to provide child protectio

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Zakiah, Sitti. "POSISI PEREMPUAN DALAM GERAKAN POLITIK (Tinjauan HAM dan PERDA Syari’ah)." Al-MAIYYAH : Media Transformasi Gender dalam Paradigma Sosial Keagamaan 10, no. 2 (2017): 162–85. http://dx.doi.org/10.35905/almaiyah.v10i2.502.

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This article describes briefly about the political movements of Islamic civil society organizations as well as influencing the position of women in their political movements. Since Indonesia has not been independent, the emergence of community organizations (mass organizations) Islam gives the color of socio-political life, including law. It is not surprising that a number of regional heads include Islamic law in local regulations. With full support, religious figures, MUI, Islamic mass organizations and legislatures of a number of sharia laws are passed. Euforia PERDA syariah gained the right

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Zakiah, Sitti. "POSISI PEREMPUAN DALAM GERAKAN POLITIK (Tinjauan HAM dan PERDA Syari’ah)." Al-MAIYYAH : Media Transformasi Gender dalam Paradigma Sosial Keagamaan 10, no. 2 (2017): 162–85. http://dx.doi.org/10.35905/almaiyyah.v10i2.502.

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This article describes briefly about the political movements of Islamic civil society organizations as well as influencing the position of women in their political movements. Since Indonesia has not been independent, the emergence of community organizations (mass organizations) Islam gives the color of socio-political life, including law. It is not surprising that a number of regional heads include Islamic law in local regulations. With full support, religious figures, MUI, Islamic mass organizations and legislatures of a number of sharia laws are passed. Euforia PERDA syariah gained the right

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Putra, Haris Maiza, Hisam Ahyani, Nanang Naisabur, Muharir Muharir, and Chikal Anugrah Putra Naisabur. "Reconstruction of the Practice of Siyasa Syar'iyyah During the Islamic Empire's Relevance to the Practice of Sharia Financing CWLS Retail in Indonesia." Al-Istinbath: Jurnal Hukum Islam 8, no. 2 November (2023): 347. http://dx.doi.org/10.29240/jhi.v8i2.8057.

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The purpose of this study is to analyze the reconstruction of Islamic sharia implementation policies during the Islamic Empire in Indonesia from the perspective of siyasah syar'iyyah and their relevance to Indonesian government policies in regulating Islamic financing instruments in Cash Waqf Linked Retail Sukuk (CWLS Retail). The statutory approach and descriptive analysis are used in this research. Sources of data were obtained from various literary materials both from books, journals and the internet, as well as other relevant sources regarding the politics of Islamic law (siyasah syar'iyya

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Hidayat, Rahmat, and Tiswarni Tiswarni. "Politik Hukum Pemerintah Indonesia Tentang Perwakafan: Tarik Ulur Kepentingan." Politica: Jurnal Hukum Tata Negara dan Politik Islam 11, no. 1 (2024): 34–49. http://dx.doi.org/10.32505/politica.v11i1.7527.

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This research explains how the government legal politics in the field of waqf with the tug-of-war of various interests that influence this, both the interests of the government, society and the waqf law itself. To achieve this goal the author uses library research, where the data sources were obtained from books and articles that were offended by the topics discussed. Data was sorted out and analyzed using content analysis. This study found that the government legal politics regarding waqf can be seen from the condition of the government's relationship with Muslims. When the government's relat

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Kamali, Mohamad Hashim. "Siyasah Shar'iyah or the Policies of Islamic Government." American Journal of Islam and Society 6, no. 1 (1989): 59–80. http://dx.doi.org/10.35632/ajis.v6i1.2833.

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IntroductionSiyasah shar'iyah is a broad doctrine of Islamic law which authorizesthe ruler to determine the manner in which the Shari'ah should be administered.The ruler may accordingly take discretionary measures, enact rules and initiatepolicies as he deems are in the interest of good government, providedthat no substantive principle of the Shari'ah is violated thereby. The discretionarypowers of the ruler under siyasah shar'iyah are particularly extensivein the field of criminal law. The head of state and those who are incharge of public affairs, the 'ulu al amr, may thus decide on rules an

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Edwar, Ahmad. "Indonesian Jurisprudence: Islamic Law Transformation In Law System Of Indonesia." Kordinat: Jurnal Komunikasi antar Perguruan Tinggi Agama Islam 19, no. 2 (2020): 303–18. http://dx.doi.org/10.15408/kordinat.v19i2.18994.

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INDONESIAN JURISPRUDENCE: ISLAMIC LAW TRANSFORMATION IN LAW SYSTEM OF INDONESIA.: This study discusses about the idea of Islamic law renewal in Indonesia, as well as the figures, and it makes the term of Indonesian Jurisprudence and its formalization into the law system of Indonesia. The purpose of this study is to find the answer of these following points: Firstly, the interpretation or definition of Indonesian Jurisprudence concept; secondly, the figures who proposed Indonesian Jurisprudence and the result of their thoughts; and the third, the formalization of Jurisprudence concept with Indo

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Edwar, Ahmad. "Indonesian Jurisprudence: Islamic Law Transformation In Law System Of Indonesia." Kordinat: Jurnal Komunikasi antar Perguruan Tinggi Agama Islam 19, no. 2 (2020): 303–18. http://dx.doi.org/10.15408/kordinat.v19i2.18994.

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INDONESIAN JURISPRUDENCE: ISLAMIC LAW TRANSFORMATION IN LAW SYSTEM OF INDONESIA.: This study discusses about the idea of Islamic law renewal in Indonesia, as well as the figures, and it makes the term of Indonesian Jurisprudence and its formalization into the law system of Indonesia. The purpose of this study is to find the answer of these following points: Firstly, the interpretation or definition of Indonesian Jurisprudence concept; secondly, the figures who proposed Indonesian Jurisprudence and the result of their thoughts; and the third, the formalization of Jurisprudence concept with Indo

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Busyro, Busyro, and Adlan Sanur Tarihoran. "Legality of Islamic Law Against the use of Public Roads for A Wedding Party." Al Hurriyah : Jurnal Hukum Islam 7, no. 2 (2022): 170. http://dx.doi.org/10.30983/alhurriyah.v7i2.5864.

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The public road is a facility for those who passed by the public to support mobility. Islamic teachings determine that the public road is right to base humans who don't can in the sky by anyone. However,some people has utilise the public road for interest marriage party and events personal other so that disturb and hinder activity society. This paper aims to study the legality of Islamic law in middle take effect law positive in Indonesia regarding with use of public roads for doingmarriage reception (walimah) with a focus on two questions: First, what difference among legalization of Islamic

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Siregar, Hasnil Basri. "Lessons Learned from the Implementation of Islamic Shari'ah Criminal Law in Aceh, Indonesia." Journal of Law and Religion 24, no. 1 (2008): 143–76. http://dx.doi.org/10.1017/s074808140000196x.

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In Indonesia, law reform is one of the important mandates of the national reform agenda, including the restructuring of various legal and political institutions at all levels of government, the regulatory implementation of the 1945 Constitution at the village level, and the ideological renewal necessary to make these changes real in Indonesian society. The policy direction of the People's Consultative Council (MPR) has changed from domination by the central authority toward freedom, autonomy and local government empowerment. Laws that were once imposed from the top now reflect power-sharing wi

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Mansyur, Supardan, Usman Usman, and Lalu Sabardi. "Islamic Financing Instrument Under Indonesia Positive Law." Unram Law Review 2, no. 2 (2018): 187–203. http://dx.doi.org/10.29303/ulrev.v2i2.51.

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Islam governs all aspects of human life. It is not regulate the human relation to Allah only but also between human each other, among other economy like financing comply with shari’ah. The issues are: (1) how is the regulation of financing comply with shari’ah regulated ini positive law in Indonesia; and (2) handicap faced in its application in Indonesia. The purposes of this research are to know: (1) its regulation on positive law, and (2) its handicap in its application Indonesia. Its results are: (1) Islamic financing in Indonesia is regulated in various rules and regulation and their imple

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Ilman Huda, M. Al Amin, and Abd Holik. "Perkembangan Hukum Keluarga Islam Pada Masa Kerajaan di Indonesia." Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman 11, no. 2 (2023): 263–72. http://dx.doi.org/10.52431/tafaqquh.v11i2.2151.

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This article discusses three Islamic kingdoms in Indonesia, namely the Aceh Darussalam Kingdom (1496 AD – 1903), the Islamic Mataram Kingdom (1588-1681), and the Gowa-Tallo Kingdom (1591-1669). The main focus is on the government system, judiciary, and legal sources used by the three kingdoms. The Kingdom of Aceh Darussalam, located in Aceh, Sumatra, has an organized and efficient government system. They developed a military education system, fought European imperialism, and had a strong commitment to Islam. Sources of law include custom, law, qanun, reusam, and the book of fiqh, with the Sult

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Federspiel, Howard. "Islamic Values, Law and Expectations in Contemporary Indonesia." Islamic Law and Society 5, no. 1 (1998): 90–117. http://dx.doi.org/10.1163/1568519982599652.

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AbstractIn this essay I survey the wide variety of views manifested by Indonesians regarding Islamic values and law. Within government circles, the security conscious “guardian group” bars political Islam but regards worship as benign, while the Ministry of Religious Affairs has adopted an accommodationist stance which promotes Muslim community values outside of politics. Outside of government, non-Muslims and nominal Muslims are chary of Islamic values and attempts to institute Islamic law, while Muslim groups express a strong desire to have Islamic norms operate for the betterment of society

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Alwy, Fauna. "Reformulation of the Government Compilation of Islamic Law: Strengthening the Concept of Gender-Sensitive Regulations in Indonesia." FIAT JUSTISIA:Jurnal Ilmu Hukum 11, no. 4 (2018): 355. http://dx.doi.org/10.25041/fiatjustisia.v11no4.983.

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The main purpose of this study is to find out the weaknesses in the application of the Compilation of Islamic Law in Indonesia, especially some of the provisions in it that tends to be gender biased; so that innovative ideas can be found to strengthen even the re-formulation of gender-sensitive legislation but still based on Shariah values and customary law. It is normative law research that uses a normative legal case study in the form of legal behavior products, among others by examining the Compilation of Islamic Law especially in the level of its implementation. The subject of the study is

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Kazemi-Moussavi, Ahmad. "Modern Intellectual Approaches to Islamic Law." ICR Journal 1, no. 3 (2010): 474–94. http://dx.doi.org/10.52282/icr.v1i3.730.

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This article deals with creative proposals by four contemporary authors who promoted reform either from within the shari’ah or by borrowing methods such as empiricism and hermeneutics beyond the conventional scope of the shari’ah. To revive the forgotten sphere of Islamic public law, Mohammad Hashim Kamali puts forth the idea of identifying Islamic notions of ijma’, shura and ijtihad with modern statutory law and government ordinances. Abd al-Hamid Abu Sulayman proposes that the application of Islamic legal norms (ahkam) must be aligned within space-time considerations, which centre on two pri

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Zada, Khamami. "POLITIK PEMBERLAKUAN SYARI`AT ISLAM DI ACEH DAN KELANTAN (1993-2014)." AL-IHKAM: Jurnal Hukum & Pranata Sosial 10, no. 1 (2015): 41–70. http://dx.doi.org/10.19105/al-lhkam.v10i1.588.

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The application of Islamic rules in Aceh and Kelantan is also related to the political power. There is a significant difference about political treatment on the application of Islamic law in Aceh and Kelantan. In Aceh, the central government (Indonesia) thinks that it is needed to apply jinâyah law in Aceh as a strategy to solve conflicts. This political rule has been applied in the republic of Indonesia since the leadership of Habibie, Abdurrahman Wahid, Megawati Soekarno Putri to Susilo Bambang Yudhoyono. The main factor that influences the Indonesian political government rule is the central

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Haqqi, Abdurrahman Raden Aji. "ISLAMIC LAW IN STATE LIFE OF BRUNEI DARUSSALAM." Journal of Malay Islamic Studies 1, no. 2 (2017): 81–92. http://dx.doi.org/10.19109/jmis.v1i2.2540.

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The Kingdom of Brunei Darussalam is a country that makes Islam as the official religion of the State and Islamic law as a state administration system. This paper describes what forms of institutionalization of Islamic law in various aspects of national and state life in Brunei Darussalam and its role as a unifying force, peacekeeper, and state harmony, and the prosperity of the people. On the foundation of the ideology of the Malay Islamic Beraja (MIB) the establishment of Islamic law in the administration of state, government, and community life has begun since Sultan Hassanal Bolkiah has bee

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FareedMohd, Hassan, MohdIzzatAmsyarMohdArif, Hanapi Hisham, and Syahlan Bin Shafie Muhammad. "The Concept of State under International Law and Islamic Law Perspective." International Journal of Business Management and Technology 3, no. 1 (2023): 61–72. https://doi.org/10.5281/zenodo.7655606.

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The concept of statehood in international law is basically enumerated in the 1933 Montevideo Convention which provides four characteristics of a State in its Article 1: (a) a permanent population; (b) a defined territory; (c) government; and (d) capacity to enter into relations with the other States. The Montevideo criteria are so far the most frequently quoted to be the elements of statehood. However, it remains uncertain that these criteria conclusively determine the existence of statehood since there were numerous disagreement among modern writers. Although the concept of state has been wel

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Ainun Najib. "Legislasi Hukum Islam dalam Sistem Hukum Nasional." Istidlal: Jurnal Ekonomi dan Hukum Islam 4, no. 2 (2020): 116–26. http://dx.doi.org/10.35316/istidlal.v4i2.267.

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Constitutionally, Indonesia is neither a religious state nor a secular state, but a state based on Pancasila. The ideology of this nation also influences the development of law in it, which is not based on religion nor adheres to the secular legal system. Based on the Pancasila philosophy, Indonesia's national legal system recognizes religious law, customary law and Western law as a source of material law in the formation of national law. The existence of Islamic law in the national legal system experienced ups and downs, due to the influence of the political power of each era of government. T

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Nafisah, Durotun, Nasrudin Nasrudin, Ahmad Rezy Meidina, and Muhammad Fuad Zain. "Comparative Analysis of Islamic Family Law and Normative Law: Examining the Causes of Divorce in Purwokerto, Indonesia." Samarah: Jurnal Hukum Keluarga dan Hukum Islam 8, no. 2 (2024): 847. http://dx.doi.org/10.22373/sjhk.v8i2.16825.

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The elevated divorce rate in Purwokerto has become a focal point for the local government due to its adverse repercussions. This research has identified five primary factors contributing to divorce, encompassing education, economic status, religion, access to healthcare, and environmental factors. This study employs empirical legal methods analyzed in accordance with Islamic family law theory. In-depth interviews were conducted with informants, as well as literature studies and data collection techniques. The results showed two critical findings. First, Islamic family law makes it clear that a

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Bidabad, Bijan. "Individual law: an Islamic Sufi approach." International Journal of Law and Management 60, no. 6 (2018): 1338–53. http://dx.doi.org/10.1108/ijlma-06-2017-0135.

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Purpose The purpose of this paper is to show how individual law is defined in Islam. Individual law includes a set of human rights that the government is bound to vindicate by duty. Islamic law approach is how human beings transcendence, and freedom may be formed wisely. Design/methodology/approach Spiritual flourishing is the goal of Islamic Sufism. The main topics of individual freedom are discussed here are freedom of opinion, will, religion, speech, meeting, minorities, rule of law, equality before law, rights resulted from implementing justice, ownership and self-determination of destiny

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Umar, Dr H. "ACTUALIZATION OF ISLAMIC LAW IN MODERN LEGISLATION." International Journal of Research -GRANTHAALAYAH 7, no. 6 (2019): 213–22. http://dx.doi.org/10.29121/granthaalayah.v7.i6.2019.798.

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Islamic law in the form of legislation in Indonesia is that which is legally binding on the constitution, even its binding capacity is broader. Therefore, as an organic regulation, sometimes it is not elastic to anticipate the demands of the times and change. For example, Law Number 1 of 1974 concerning Marriage. The law contains Islamic law and is binding on every citizen of the Republic of Indonesia. Problems that occur such as in Jambi Province at this time the fiqh law which is very broad in its scope is worthy of being called "Islamic law" is marriage law, inheritance law and waqf l

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Dr., H. Umar. "ACTUALIZATION OF ISLAMIC LAW IN MODERN LEGISLATION." International Journal of Research - Granthaalayah 7, no. 6 (2019): 213–22. https://doi.org/10.5281/zenodo.3271583.

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Islamic law in the form of legislation in Indonesia is that which is legally binding on the constitution, even its binding capacity is broader. Therefore, as an organic regulation, sometimes it is not elastic to anticipate the demands of the times and change. For example, Law Number 1 of 1974 concerning Marriage. The law contains Islamic law and is binding on every citizen of the Republic of Indonesia. Problems that occur such as in Jambi Province at this time the fiqh law which is very broad in its scope is worthy of being called "Islamic law" is marriage law, inheritance law and wa

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Syatar, Abdul, Kurniati Kurniati, Rindi Rindi, and Arif Rahman Ramli. "Sexual Harassment in Cyberspace in the Perspective of Islamic Criminal Law and National Law." Legitimasi: Jurnal Hukum Pidana dan Politik Hukum 11, no. 2 (2023): 164. http://dx.doi.org/10.22373/legitimasi.v11i2.15007.

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Sexual harassment in verbal and non-verbal forms has become increasingly prevalent globally. This study revealed cases of sexual harassment in cyberspace in accordance with National Law regulations in Indonesia on immortality, such as the Criminal Code and Law Number 4 of 2008 concerning Pornography and Law Number 13 Of 2006 on Legal Protection of Witnesses and Victims. Meanwhile, in the Islamic legal order, sexual harassment in cyberspace is seen in the discussion of the Jinayah Fiqh, classified as jarimah takzir and contains elements of abomination or insulting acts. The legal protection for

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Siregar, Hasnil Basri. "Islamic Law in a National Legal System: A Study on the Implementation of Shari'ah in Aceh, Indonesia." Asian Journal of Comparative Law 3 (2008): 1–26. http://dx.doi.org/10.1017/s2194607800000156.

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AbstractThe implementation of shari'ah (Islamic law) in the province of Aceh in Indonesia was the consequence of a national policy of legal pluralism, effected in 2001 when the national government decided to give a special status and wide autonomy to this region. However, certain problems have arisen. One of these is whether the Islamic courts of justice have been conferred competence to deal with Islamic criminal law and if so, which judicial institution should deal with the matter. Another is the meaning and scope of mu'amalat law (the law dealing with human relationships). It also appears t

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Huda, Ahmad Munirul. "Radical Islam's View on Indonesia's Government Ideology." AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM 9, no. 2 (2024): 127. http://dx.doi.org/10.29300/imr.v9i2.5137.

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This article analyzes the views of radical Islam on the ideology of the Indonesian government (Pancasila). The purpose of this article is to find out how radical Islam views the ideology of the Indonesian government. This article is studied with quantitative methods using historical approaches and data collection sources obtained from the internet and books that support this research. In this article explains that radical Islam views pancasiala as the ideology of the Indonesian government is thaghut because it is like an idol made by humans and is not in accordance with Islamic sharia law whic

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Hakim, Lukman. "Perkembangan Hukum Keluarga di Tunisia." JURNAL PAI: Jurnal Kajian Pendidikan Agama Islam 1, no. 2 (2022): 81–94. http://dx.doi.org/10.33507/pai.v1i2.1014.

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Islamic family law in Tunisia is unique because of Tunisian radicalism. This is because the process of formulating and structuring Islamic family law in Tunisia is not just an attempt to codify (bookkeeping) the Maliki school of law. However, these are also progressive and revolutionary steps to legalize and regulate administration in the field of law, particularly about family law. This is evidenced by the birth of the Tunisian Code of Personal Status. Judging from the historicity of the formation of the CPST, it was heavily influenced by France. In addition, there are also Nationalists who h

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