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1
Jamal, Jasri. "Administration of the Islamic Judicial System: An Overview." Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 22, no. 3 (February 22, 2012): 409. http://dx.doi.org/10.22146/jmh.16233.
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Justice in Islam is all-embracing, free from restriction, and universal. Islam governs private and public life, denies deviation from justice, non-discriminative, and holds that all humans are equal before the law and are accountable for their deeds. It is universal because it is applicable to all who accepts its authority. Islam memandang keadilan sebagai sistem yang utuh, bebas dari pembatasan, dan universal. Islam mengatur kehidupan pribadi dan umum, mengajarkan untuk tidak menyimpang dari keadilan, tidak diskriminatif, dan memandang manusia sama di hadapan hukum serta bertanggungjawab atas perbuatannya. Keadilan dalam Islam universal karena berlaku bagi semua manusia yang menundukkan diri padanya.
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Rosenstock, Robert. "The Fifty-Second Session of the International Law Commission." American Journal of International Law 95, no. 1 (January 2001): 221–26. http://dx.doi.org/10.2307/2642063.
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The International Law Commission held its fifty-second session in Geneva from May 1 to June 9, 2000, and from July 10 to August 18, 2000, under the chairmanship of Ambassador Chusei Yamada of Japan. The Commission elected Professor Djamchid Momtaz of the Islamic Republic of Iran and Kamil E. Idris of Sudan to fill the vacancies left by the death of Doudou Thiam of Senegal and the election of Awn Al-Khasawneh of Jordan to the International Court of Justice.
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Evendi, Wakid. "PRINSIP PENGADILAN YANG ADIL BERDASARKAN YURISPRUDENSI ISLAM DAN HUKUM INTERNASIONAL." Jurnal Kajian Hukum Islam 8, no. 1 (March 29, 2021): 51–69. http://dx.doi.org/10.52166/jkhi.v8i1.26.
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A fair trial with respect for human dignity is the most important feature of the measure of Islamic justice and is a guarantee for individuals to enjoy the basic principles of human rights such as freedom and equality. The administration of justice is not only possible because of the existence of substantive laws, but also the executive and formal methods have a prominent and important role to be understood by the current international justice system. However, the weakness of human thought in formulating comprehensive and efficient laws hinders the realization of justice and the achievement of fair court practices. This study intends to identify the principles of fair trial administration from the perspective of Islamic jurisprudence and international law. With a normative juridical approach, this study concludes that the Islamic judicial system includes principles that guarantee the rights of the accused to the highest level, namely the preservation of human dignity.
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Evendi, Wakid. "PRINSIP PENGADILAN YANG ADIL BERDASARKAN YURISPRUDENSI ISLAM DAN HUKUM INTERNASIONAL." Jurnal Kajian Hukum Islam 8, no. 1 (March 29, 2021): 51–69. http://dx.doi.org/10.52166/jkhi.v8i1.26.
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A fair trial with respect for human dignity is the most important feature of the measure of Islamic justice and is a guarantee for individuals to enjoy the basic principles of human rights such as freedom and equality. The administration of justice is not only possible because of the existence of substantive laws, but also the executive and formal methods have a prominent and important role to be understood by the current international justice system. However, the weakness of human thought in formulating comprehensive and efficient laws hinders the realization of justice and the achievement of fair court practices. This study intends to identify the principles of fair trial administration from the perspective of Islamic jurisprudence and international law. With a normative juridical approach, this study concludes that the Islamic judicial system includes principles that guarantee the rights of the accused to the highest level, namely the preservation of human dignity.
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Khan, Naveed Altaf, Zia ur Rehman, and Muneer Ahmed. "A-2 The Legal Maxim “an accused is innocent until proven guilty” and its Applications in Islamic Criminal Law and Criminal Law of Pakistan (A Conceptual and Applied Study)." Al-Aijaz Research Journal of Islamic Studies & Humanities 4, no. 1 (June 30, 2020): 11–21. http://dx.doi.org/10.53575/a2.v4.01.11-21.
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Al Qaidah al Fiqhiyah (Islamic Legal Maxim) is a collection of rules having the same ruling in different chapters but of a specific field of al Fiqh al Islami. (we will discuss latter with some detail about the concept of Qaidah and Dhabit). The Al Aslu Fe al Muttaham Baraahatoho (The accused is innocence until proven guilty) is one the basic principle and maxim of English Criminal Law and so of Pakistani Criminal Law. (a mixture of somehow Islamic and Common Law). This maxim is recognized by Sahriah but in a way that it could not became a shelter for professional criminals and trouble makers in the society because administration of criminal justice system of Islamic Law safeguards the right of accused, but not by putting the right of lives and property of others innocents in vain, so that they spent their lives while reaching about their rights in the hands of unknowns. this work focuses on the literal and technical meaning of the maxim, as well as significance of its consideration in the field of Islamic Criminal Law and also its applications in the field. The study will come with the proofs of the maxim from the verses of Quran and traditions of the Holy Prophet (PBUH). After that it will bring out relevant cases from the Islamic Criminal Law along some of exceptional cases as well. The study will also deal with its relevance with Pakistani Criminal Law, highlighting the common areas of both in traditional Islamic Law and Criminal Justice System in Pakistan, and basic points of differences between them and its impacts while fulfilling the administration of justice.
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Latypov, Vadim S. "Assistance to justice in the modern muslim model of criminal proceedings (on the example of criminal procedure legislation Islamic Republic of Afghanistan)." Gosudarstvo i pravo, no. 11 (2023): 185. http://dx.doi.org/10.31857/s102694520020257-3.
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The article analyzes the institute for the promotion of justice in the Muslim system of law on the example of the criminal process of the Islamic Republic of Afghanistan (based on the Code of Criminal Procedure), but using the canons of the sacred religious scriptures. Within the framework of the conducted research, the conclusion is formulated that in the criminal process of the Islamic Republic of Afghanistan, the persons assisting in the administration of justice should include a witness, an expert and an interpreter, a doctor and a specialist. It is noted that their procedural status is not fixed in the hotel rules, but at the same time, the existence of the rights, duties and responsibilities of these participants mentioned by the legislator in the Criminal Procedure Code of the Islamic Republic of Afghanistan is traced. It is established that the criminal procedure legislation of the Islamic Republic of Afghanistan does not allow to fully ensure the safety of persons assisting justice, since it is limited only to ensuring the safety of a witness (Chapter 7 of the Criminal Procedure Code of the IRA).
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Nisa', Zulia, Afrohatul Laili, and Endri Miftahus Sururi. "Kajian Atas Pemikiran Pembaharuan Hukum Islam Abdullah Ahmad An-Na'im." Fakta: Forum Aktual Ahwal Al-Syakhsiyah 1, no. 2 (August 16, 2023): 41–51. http://dx.doi.org/10.28926/fakta.v1i2.1345.
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The development of thought in the Islamic world that is emerging today is very diverse in politics, economics, feminism, and so on. This idea emerged in Africa, India and Sudan. Apart from these areas, Islamic thought and studies have also developed widely in Europe and America. The term sharia reform that An-Na'im uses as his idea goes beyond Muslim fundamentalism and secularism in responding to contemporary discourse, including justice, democracy, human freedom as individuals and their obligations towards the environment. Is it true that Islam has been able to answer all contemporary problems, is it true that social problems have answers only outside Islam? Shouldn't Islam be a modern ideology that remains alive? This research uses normative research because the research uses library materials as the main data for analyzing cases. This research specifically examines the study of Islamic law reform ideas by Abdullah Ahmad An-Na'im. An-Naim offers a new alternative methodology in uncovering Islamic views on Human Rights. His main concern is Islamic law with its relationship to modern international issues such as human rights, modern constitutionalism and modern criminal law. According to him, Islamic law currently requires total deconstruction reform.
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Karamzadeh, Amin, and Zahra Feiz. "Principles Governing a Fair Trial under Islamic Jurisprudence and International Law." International Journal of Multicultural and Multireligious Understanding 8, no. 2 (February 19, 2021): 452. http://dx.doi.org/10.18415/ijmmu.v8i2.2359.
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A fair trial along with the preservation of human dignity is one of the most important features of Islamic judicial measurement and is a guarantee for individuals to enjoy the fundamental principles of human rights such as freedom and equality. The administration of judicial justice is not only possible due to the existence of substantive laws, but also its executive and formal methods have a prominent and important role in this field, which is also understood by the international judicial system today. However, the weakness of human thought in formulating comprehensive and efficient laws prevents the realization of justice and the achievement of a fair trial. The present article - with a descriptive-analytical method - deals with the formal and principled laws in a fair trial from the perspective of the Islamic judicial system and concludes that the Islamic judicial system includes principles that guarantee the rights of the accused to the highest degree and observe and include this Formal principles and rules in law are a step towards establishing justice in judicial proceedings; However, these laws have been approved and emphasized much earlier than other systems along with the preservation of human dignity in the Islamic judiciary.
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Rahimi, Haroun. "Afghanistan." Yearbook of Islamic and Middle Eastern Law Online 22, no. 1 (June 27, 2023): 127–38. http://dx.doi.org/10.1163/22112987-20230028.
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Abstract The Taliban returned to power in Afghanistan in August of 2021 and revived the Islamic Emirate of Afghanistan (IEA) in place of the internationally supported Islamic Republic of Afghanistan (2004–2021). Within one year of its rule, the IEA has overhauled the country’s legal system in areas of administration of justice, human rights, family law, civil law, criminal law, and commercial law. However, the country’s legal system under the Taliban remains chaotic, disuniform, and overwhelmed.
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Husna, Khotimatul. "Bias Patriarkhi dalam Hukum Keluarga Islam Sudan Tahun 1991 Mempertimbangkan Pengalaman Khas Perempuan untuk Perlindungan dari Diskriminasi." As-Syar'i: Jurnal Bimbingan & Konseling Keluarga 6, no. 1 (August 26, 2023): 438–48. http://dx.doi.org/10.47467/as.v6i1.5010.
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The protection of women from discrimination in Islamic family law is a demand of women's rights fighters, but in Sudan this demand is not accepted because there is still a patriarchal bias in the articles of the 1991 Sudanese family law. These articles discriminate against women in various aspects, both social and biological, because of strong and deep-rooted patriarchal traditions. This study aims to explore eight discriminatory issues against women from articles of patriarchal bias in the 1991 Sudanese family law which views women's rights and obligations as different from those of men in the family. This study uses a descriptive analysis approach with the theory of essential justice proposed by Dr. Nur Rofiah Bill. Uzm. This theory sees women as whole human beings and equal subjects, so that true justice requires consideration of women's experiences which can be biologically and socially different from men's. Data obtained through literature review or library research. This study concludes that the discriminatory articles against women in the 1991 Sudanese Islamic family law are due to the fact that the family law was drafted by government authorities and a masculine societal culture and does not present women's unique experiences as a policy consideration. The reasoning of patriarchal culture in Sudanese family law completely ignores the impact of harm or harm on women. In the end, patriarchal bias articles in Sudanese family law have contributed to perpetuating gender inequality. This confirms that efforts to protect Sudanese women from acts of subordination, marginalization, stereotypes, violence, and double burden face serious challenges because they are legitimized by positive law. As a result, women occupy a weak and weakened position in the family.
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Sopyan, Yayan, Yazwardi, Ade Dedi Rohayana, Imam Yahya, and Ismail. "Islamic Law as the Authoritative Source in State Administration of Indonesia." HIKMATUNA: Journal for Integrative Islamic Studies 8, no. 2 (December 22, 2022): 102–18. http://dx.doi.org/10.28918/hikmatuna.v8i2.6195.
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Many academicians are regretful about the removal of seven words in the Jakarta Charter and consider this as a political defeat for Muslims. If the words had not been removed, Islamic law would be simple in its implementation in Indonesia. There was a new hope when the Presidential Decree of 5 July 1959 stated to return to the 1945 Constitution. The Presidential Decree emphasized that the Jakarta Charter was a series of units in the Constitution. In other words, Islamic laws in the state administration system in Indonesia could be the authoritative source. This means that Islamic law has a chance to contribute to the Indonesian legal system. This qualitative research used normative approach in which the information was gained from a number of reliable sources such as books and journals to explore and figure out any perspectives about the status of Islamic law as the authoritative source in state administration of Indonesia. This research showed that Islamic law as the authoritative source is possible to contribute to legal order applied in Indonesia. As a political product, law relies on the political situation; nevertheless, the Muslims are not able to maximize their political roles given the hindrances from both external and internal factors. Hence, there is a need to build awareness of Muslims particularly those becoming the law makers to be capable of introducing the Islamic laws to public through the objectification of Islamic laws. Substantially, the Islamic law is more superior in giving justice, benefits and legal certainty.
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Hasanah, Uswatun. "ZAKAH MANAGEMENT IN SAUDI ARABIA, SUDAN AND INDONESIA." Indonesian Management and Accounting Research 13, no. 1 (January 2, 2014): 40. http://dx.doi.org/10.25105/imar.v13i1.1163.
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<p>According to Islamic law, zakah is one of the pillars of Islam that must be performed by every Muslim, wherever they are. Zakah is essentially part of assets that must be expended by any Muslim, under the command of Allah for the benefit of others according to the levels specified by Him. Those expenditures are mandatory for any Muslim as a sign of gratitude for the blessings and gift of Allah, as an attempt to draw closer to Him, and also as a means to clean the property and individuality as a human. In addition, the purpose of zakah (Islamic tithe) obligation is to achieve social justice and welfare. Therefore, amil (zakah collector) as zakah manager shall always try hard and ascertain that the zakah he manages can improve the welfare of the community. For that reason the effectiveness or ineffectiveness of zakah to the improvement of the community is largely dependent on the amil. But in reality, there are still some countries whose zakah institution has not been functioning properly such as Indonesia. Therefore, Indonesia must take lesson from the countries that have succeeded in managing zakah properly, such as Sudan and Saudi Arabia.</p><p>Keywords: zakat; amil. </p>
13
Huda, Khairul, Bambang Tri Bawono, and Achmad Arifullah. "Implementation of Judge Independence in the Process of Implementing Justice in Islamic Law Perspective." Law Development Journal 4, no. 3 (August 25, 2022): 518. http://dx.doi.org/10.30659/ldj.4.3.518-525.
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This study aims to analyze and examine the implementation of the independence of judges in the process of administering justice in Indonesia and to understand and examine the implementation of the independence of judges in the administration of justice from an Islamic perspective. This study uses library research methods or library research that is "juridical-normative". The data sources used are secondary data, namely ethical standards as judges with "Islamic character". The data will be analyzed using descriptive analysis method and the theoretical basis used is the principles of qadhi in Islam and the code of ethics for the behavior of Indonesian judges. Based on the data analysis carried out, it is concluded that a judge should maintain his integrity, his honor who has morals and is a mandate from the Most Wise, namely ensuring the establishment of a sense of justice, guaranteeing legal certainty and seeking the benefit of legal values to all Indonesian people.
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Amirulkamar, Said, Sufrizal, and M. Anzaikhan. "Sejarah Administrasi Pidana Islam dan Relevensinya Terhadap Penanggulangan Perkara di Aceh." Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam 7, no. 2 (December 31, 2022): 147–64. http://dx.doi.org/10.32505/legalite.v7i2.5377.
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As a perfect religion, the teachings of Islam clearly regulate various aspects of human life. Law enforcement and justice are a part of life that is also regulated and received attention in Islamic teachings. This includes the issue of criminal law regulated through Al-Ahkam al-Jinayah (Islamic criminal law). Speaking of Islamic Criminal Law, it is closely related to administrative affairs, for example when there are criminal cases, it requires recording, disposition, and lowering the articles against the sanctions that will be imposed. Everything goes through an administrative process that is vital in determining the outcome of the case. Departing from the above facts, this research seeks to find a correlation between the history of Islamic criminal administration and the implementation in modern-day Aceh. This research is included in the literature study with a qualitative approach, the methodology used is a descriptive analysis study. The results of the study concluded that the administration of Islamic criminal cases in Aceh is each very connected with the administrative values of the Rsulullah and Sahabat period, as for the reason because Aceh has Qanun Jinayat which makes it not rigid to positive law (General Criminal).
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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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Gunawan, Hendra. "SISTEM PERADILAN ISLAM." Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial 5, no. 1 (June 30, 2019): 90–103. http://dx.doi.org/10.24952/el-qonuniy.v5i1.1766.
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Today, Islam is not sufficiently known as iqtisad (the Islamic banking system) which is now quite the belle of this beloved pancasila earth, but along with that Islam is also known as the administration of justice and its ability to protect people's rights which is then called the sharia court. The person most responsible for implementing this Islamic court is the caliph and qadhi (judge). The Caliph carries out Islamic laws and applies them to all the people while the judge takes Islamic decisions based on the Qur'an and the Sunnah. Because in the teachings of Islam do not submit the determination of justice to the will on the basis of human taste but the authority to make the law is only Allah SWT, the Creator of man and the All-Knowing about the human self
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Howard, Steve. "On the Path of the Prophet in Unsettled Times: Sudan’s Republican Brotherhood Looks Abroad." Religions 12, no. 2 (February 2, 2021): 100. http://dx.doi.org/10.3390/rel12020100.
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Mahmoud Mohamed Taha (1909–1985) founded the Republican Brotherhood in the early 1950s to promote social reform through a new understanding of divine revelation which had emerged during his two years of khalwa or retreat. From the 1950s through the 1970s, the Republican Brotherhood attracted a few thousand followers to Ustadh Mahmoud’s teachings, whose foundation was the discipline of tariq Mohamed, “the Path of the Prophet.” This Path was a challenging design for life that embraced gender equality and social justice against the backdrop of an increasingly Islamist-oriented Sudan. In the 1980s, the height of the Brotherhood’s membership, the Republicans confronted Sudan President Gaafar Nimeiry’s imposition of his version of “Islamic Law,” with publications and street corner lectures. Through peaceful protest, the Republican’s point was that Islamic Law would only be oppressive to the millions of non-Muslims in the country and to women. The result of this resistance was the 1985 arrest and execution of Taha for trumped-up charges of apostasy. In the decades following the passing of their teacher, the Republicans have kept a low profile in Sudan while trying to maintain both their faith and some social cohesion. In reaction to both the Islamist political conditions in Sudan and the failing economy, many Republicans have joined the Sudanese flight abroad, with modest communities of Republicans now established in the Gulf States of Qatar and UAE, as well as the United States. Through field work and interviews with members of these three communities, I have tried to understand the effort to sustain the discipline of the Path of the Prophet by Republican brothers and sisters under circumstances of the extremist orientations of Gulf politics, or the “moral ambiguity” of the United States. This study is part of a larger book project on the Republican Brotherhood following the execution of Ustadh Mahmoud.
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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 special autonomy for the Aceh Government have both changed dramatically since the passage of the UUPA (Aceh Government Law). When Aceh embraces Islamic law, it helps promote civilization because Sharia is applicable to more than only the judicial system. Politics, matrimony, religion, kinship, and muamalah are all fair game. The Islamic Sharia law has had a long and deep impact on Acehnese culture. Islamic teachings have been applied in the areas of worship, marriage, and inheritance since the Aceh sultanate, and as a result, these practises have permeated and infused themselves into people's daily lives and persist to this day.
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Moussa, Fadhel. "La codification du droit musulman." Revue française d'administration publique 82, no. 1 (1997): 249–55. http://dx.doi.org/10.3406/rfap.1997.3098.
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The Codification of Islamic Law. At its inception, the codification of Islamic law allowed the divine sources of this law to be retained. This marked the passage from spoken law to written law. Difficulties at this stage resulted from differences of interpretation, contradictions, and controversies over the authenticity of documentation. This first stage of codification led to the establishment of an orthodoxy. The second stage marked the passage to a more ’legalistic’ form, undertaken from the 16th century onwards by the ottoman empire. This modem codification represents a means of unification, and sets out the secularisation of justice and of law. In recent years a fundamentalist revival can be discerned which advocates a return to the original code.
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Gilani, Sayyid Mohammad Yunus, and K. M. Zakir Hossain Shalim. "Forensic Evidence in Proving Crimes: Exploring the Legal Frameworks of Sharīʿah Bukti Forensik Bagi Membuktikan Jenayah: Menerokai Rangka Kerja Guaman Sharīʿah." Journal of Islam in Asia (E-ISSN: 2289-8077) 13, no. 1 (July 19, 2016): 220–47. http://dx.doi.org/10.31436/jia.v13i1.530.
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AbstractForensic evidence is an evolving science in the field of criminal investigation and prosecutions. It has been widely used in the administration of justice in the courts and the Western legal system, particularly in common law. To accommodate this new method of evidence in Islamic law, this article firstly, conceptualizes forensic evidence in Islamic law. Secondly, explores legal frameworks for its adoption in Islamic law. Keywords: Forensic Evidence, legal framework, Criminal Investigation, Sharīʿah.AbstrakBukti forensik adalah sains yang sentiasa berkembang dalam bidang siasatan jenayah dan pendakwaan. Ia telah digunakan secara meluas dalam pentadbiran keadilan di mahkamah dan sistem undang-undang Barat, terutamanya dalam undang-undang common (common law). Untuk menampung kaedah pembuktian baru ini dalam undang-undang Islam, artikel ini, pertamanya, konseptualisasikan bukti forensik dalam undang-undang Islam. Kedua, ia menerokai rangka kerja undang-undang untuk penerimaannya dalam undang-undang Islam.Kata Kunci: Bukti Forensik, Rangka Kerja Guaman, Siasatan Jenayah, Sharīʿah.
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Meirison, Meirison, and Desmadi Saharuddin. "The Distinction of Government Administration and Judicial Institutions in The Umayyad Dynasty." Buletin Al-Turas 27, no. 1 (January 30, 2021): 123–38. http://dx.doi.org/10.15408/bat.v27i1.17286.
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This paper aimed to reveal the government administration system's distinction in finance and justice that existed in the Umayyad. The Umayyad had the right side in improving government administration, finance, economy, and justice. To what extent was the reform and distinction of government administration, finance, and judiciary pursued by the Umayyad that led to society's benefit besides the atrocities he had ever made? The researchers conducted a library study with a descriptive analysis approach, collected sources, verified, and interpreted the policies and updates made by the Umayyad. The study showed the Umayyad had made distinctions and reforms that brought about a lot of benefits. Although they seemed the duplication of Persian and Roman governments, financial administration policies still referred to Islamic rules and were not influenced by Rome and Persia. The most significant reform was establishing the Mazalim Court separated from the ordinary judiciary. The perpetrators of this crime were not ordinary people but state officials handled directly by the caliph and judges who could act reasonably and act decisively. A vast area of neat administration supported the economic activity, and along with Islamic law, the Umayyad did not exercise a monopoly. However, this government lasted shortly for 90 years (661-750 AD) because of the power succession policy, the ruler's lifestyle, fanaticism, and political opponents' attack.
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SAZZADUL ISLAM RIPON. "THE ROLE OF A WITNESS IN THE JUDICIAL PROCEEDING: AN OVERVIEW UNDER CONVENTIONAL AND ISLAMIC LAW." International Journal of Social, Political and Economic Research 2, no. 1 (April 4, 2015): 40–55. http://dx.doi.org/10.46291/ijospervol2iss1pp40-55.
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Proper administration of justice ensures the rule of law in the society through the court process involved the vital role of the witness to testify. Therefore, it is necessary to make sure the fairness of the witness free from all sorts of fear and feeling of telling the truth of the case and free from all kinds of biasness as the fruitful conclusion of the case sometimes entirely depends on the witness’s statement. In the article, it is strived for showing and explaining the position of witness in the judicial process, their categories and above all the process they are testified through different processes, stages and examinations with the limitations thereof and the court’s powers and duties to that respect under the conventional and islamic law. It also aims and intends to enumerate the significance of the statement given by the witness which pave the way for ends of justice.
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Sucipto, Imam. "PRINSIP-PRINSIP PENYELENGGARAAN PERADILAN MENURUT FIQH QADHA DAN UNDANG-UNDANG DI INDONESIA." ISLAMICA 6, no. 1 (December 30, 2022): 1–9. http://dx.doi.org/10.59908/ijiiai.v6i1.3.
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This study aims to analyze the legal system adopted in Indonesia. Mix Law System is one of the applicable legal systems, in addition to the enactment of the national legal system applies also Islamic law. The existence of Islamic Law is manifested in the constitution of the State of Indonesia which is commonly known as the 1945 Constitution of the Republic of Indonesia. Where the 1945 Constitution is a basic law that regulates the life of the nation and state in order to realize a just government and a prosperous people. This research uses an empirical sociological approach method that is descriptive analysis with the use of qualitative data as the type of research and library research as one of the data collection techniques. This research concludes that, first: The principles of Islamic Law that are used as the ideal foundation of fiqh are the principle of tauhidullah, the principle of insaniyah, the principle of tasamuh, the principle of ta'awun, the principle of silaturahim bain annas, the principle of justice, and the principle of benefit. As for knowing the theories of Islamic law enforcement in the apostolic period of Muhammad SAW are the theory of confession, the theory of accession, the theory of proof, the theory of verdicts, the theory of oaths, the theory of forgiveness. Second: Dispute resolution based on classical Islamic law namely, Al Sulh (Peace), Tahkim (Arbitration), Wilayat al Qadha (Judicial power). Third: The principles of judicial administration according to fiqh qadha and Indonesian law there is a strong correlation between the state and Islam, including Islamic law which has become a living law in the life of the nation and state. Fourth: The principles in the constitution also have relevance to the principles in Islamic Law which are regulated in the Quran and the Al-Hadith including the principles of justice, equality, and welfare. Based on this, Indonesia, which is based on Pancasila and the 1945 Constitution, can be reviewed from the perspective of Islamic law as an effort to realize the laws regulated in the Quran and Al-Hadith.
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Friandy, Bob. "ANKSI KEBIRI KIMIA BSAGI PELAKU KEJAHATAN SEKSUAL TERHADAP ANAK." Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam 2, no. II (February 12, 2018): 69–86. http://dx.doi.org/10.32505/legalite.v2iii.354.
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Sexual crime case against children’s in Indonesia are increasing rapidly from time to time. The more tragic fact is that most of the suspect origins from their own kin or around the neighborhood, such as family, school officer, and their playmates sphere. According to Indonesian Child Protection Commision (KPAI), there are 2,275 cases occurred on 2011, 887 amongs them are sexual crime case with violent against children. The protection law towards children vastly consist of criminal law aspect, legal law aspect, material-formal law aspect, state administration law aspect, and of course, the legal law aspect. Sexual abuse against children are criminal case which has been coded in criminal law in Indonesia and also viewed theoritically from Islamic criminal law. Therefore, this Thesis is researching about how are the criminal sex cases againts children viewed from criminal law in Indonesia and Islamic criminal law aspect? And also how is the analysis of Law No. 35/ 2014 (Undang-Undang Nomor 35 Tahun 2014) concerning chemichal castration sanction viewed from Islamic Criminal Law? This research categorized as normative law research which pointing to laws and criminal law principal in Indonesia and also Islamic criminal law. This research using comparative-analysis-descriptive method which describe systematically the fact about cases by comparing the research description. This research compare the Indonesian criminal laws principal and Islamic criminal law principal, criminal law formula and Islamic criminal law formula, and also the rules about the chemichal castration sanction to the convicted sex crime againts children in Indonesian criminal law and Islamic criminal law. This research also analize the law no. 33/2014 concerning the sanction specially on the implementation of the law in society. Exclusive study on the Islamic criminal law theory concerning the goverment step on applying the rule, are also executed. There are two points earn from this reearch; the first one is sex crime against children is special crime case. The sanction of the violation arranged in the law no.35/2014 about child protection. In Islamic criminal law (fiqh jinayah) the chemichal castration sanction againts children is in form of jarimah ta’zir. Secondly, in the law no. 35/ 2014 about child protection consist the criminal law aspect, the urgent application about the law is the penal policy which include the protection for the child as the sex crime victim, law enforcement, and justice. The solution for the victim by using Restorative Justice concern measure and the effect againts children as the sexual crime victim. In non penal policy by the role of the parents, family, society, goverment, and the country, on their obligation to protect the child. Chemichal castration sanction studied in Islamic criminal law to give contribution needed by Islamic Law and inline with the principal of Islamic criminal law, especially to preserve the heredity (hifzu- nasli).
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Tanveer Ahmad. "شریعت کا نوآبادیاتی عدالتوں میں نفاذ اقرار سے نسب کا ثبوت (ہدایت اللہ خان بنام رائے جان خانم کے تناظر میں) ایک جائزہ." FIKR-O NAZAR فکر ونظر 59, no. 03 (March 31, 2022): 173–99. http://dx.doi.org/10.52541/fn.v59i03.2310.
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Focusing on one of the leading cases decided during the early colonial era, this study attempts to explore the causes that led to the rupture of Islamic law with the colonial administration of justice. The proceedings of the case, Khajah Hidayut Ollah v. Rai Jan Khanam, at different levels reflect the glimpses of the dominance of the concepts and philosophies the English judges had in their minds; along with the power of authority backed by colonial increasing military power in the Indian subcontinent. This article has three major parts. The first part provides the relevant rulings of Ḥanafī law about establishing the legitimacy of a child, owing to the case under discussion was about the proofs of establishing the legitimacy of one of the deceased’s alleged heirs as a son. The next part describes the events of the cases where the rulings of Islamic law were explored, interpreted, and applied. The third and final part analyses the factors that created complexities and ruptures of Islamic law in the days when the colonial legal system became unchallenged.
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Olii, Masri. "Principles of Justice, Conference and Legal Accountability in Divorce Rules." International Journal of Nusantara Islam 8, no. 2 (December 15, 2020): 282–88. http://dx.doi.org/10.15575/ijni.v8i2.12408.
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The Religious Courts, in the last decade (since 2005) or since the implementation of the one roof system of judiciary, have made various improvements in the administration of justice to support efforts to reform the judiciary based on the principles of transparency and accessibility for all. the justice seeker. The Religious Courts are trying to reform several sub-systems in the judicial system that have so far not reflected equal access for justice seekers as well as protection or partiality for the rights and legal access of women, children, and the poor. The results of this study indicate that: the religious court is a place to seek justice and resolve Islamic family law problems, so in providing services to the community, it has the main task of providing fair and humane treatment to justice seekers, providing sympathetic services and assistance needed for justice seekers, and provide effective, efficient, thorough and final settlement of cases so as to satisfy the public.
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Kartika Dwi Novasari and Nurul Fithria. "PERLINDUNGAN KONSUMEN DARI PRODUK KOSMETIK ILEGAL MENURUT HUKUM ISLAM: STUDI PADA BPOM ACEH, INDONESIA." Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah 5, no. 1 (May 2, 2024): 164–78. http://dx.doi.org/10.22373/al-mudharabah.v5i1.4604.
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This article aims to analyse a consumer protection in cosmetic products that are not registered with Food and Drug Administration (Badan Pengawas Obat dan Makanan, BPOM). It uses the normative-juridical research methods with a statutory approach. The results shows that Indonesia has a legal relating to consumer protection, namely Law Number 8 of 1999 concerning Customer Protection. Thus, any fraudulent businesses actors who still frequently violate statutory regulations can be subject to sanctions in the form of administrative or criminal sanctions. Additionally BPOM as a supervisory agency also actively monitors the circulation of this dangerous product and even withdraws the product if it is proven to contain dangerous ingredients. Similarly, in the context of Islamic law, this supervision is strengthened by the principles of justice, responsibility and protection of consumers. Islamic law‘s objective is to ensure that cosmetic products on the market meet the safety standards set by Islamic principles, as well as providing appropriate protection to consumers fro
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Ahmed, Ghufran, Sheer Abbas, and Muhammad Ramzan Kasuri. "Criminal Procedure is Criminal Justice in Action: Transition to Islamic Criminal Procedure is a Way Forward for Pakistan." Global Regional Review VII, no. II (June 30, 2022): 334–46. http://dx.doi.org/10.31703/grr.2022(vii-ii).32.
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The Criminal law is the strongest arm of all the normative systems of society which saves the society from evils, punishes the criminals, curbs, and prevents crimes in the society, frees it of crime or makes continuous efforts to keep it at bay or at least makes offences unattractive, unpleasant, hateful, and unaccepted activity in our society. The criminal procedure is criminal justice in action. The failure of the procedural law means failure of the social goals set by society. With the help of qualitative research methodology, this article discusses the importance of criminal procedural law in the administration of the Criminal Justice System (CJS). It points out the two types of criminal procedural laws in Pakistan; constitutional and ordinary. It also analyses the current situation of the CJS of Pakistan. It also highlights the major problems in the criminal procedure of Pakistan and pointed out the need of revamping the criminal procedure. It also pointed out the need to transition from existing criminal procedural laws of Pakistan to Islamic Criminal Procedure.
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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 (September 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 and proceduresas they deem appropriate in order to discover truth and to determineguilt. With regard to the substantive law of crimes, too, the 'ulu al amr havepowers to determine what behavior constitutes an offense and what punishmentis to be applied in each case.Many observers have expressed concern over the wide discretionarypowers that rulers and judges enjoy under siyasah shar'iyah. It is suggestedthat siyasah, as such, defies effective control, and it is open to abuse, whichwould ultimately undermine the ideals of justice under the rule of law. Oneobserver has thus considered siyasah as "direct negation of what may be regardedas the second essential implication of the idea of the rule of law in asecular system- namely, the principle that the sovereign must not possessany arbitrary power over the subject."According to another critic, siyasah has enabled the Islamic ruler to enactlegislation, especially in the field of criminal law, under the guise of "administrativeregulations." But in effect, the ruler enacted independent legislationin such areas as taxation, police matters, and the administration of justice,in general, which often interferred with, or severely circumscribed, theShari'ah.Penalties imposed at the discretion of the ruler or the judge are knownas ra'z'irat. As a branch of siyasah, ta'zir (lit. deterence) must differ accordingto the nature of the offense and the particular circumstances of the offender.The judge may thus determine the punishment of ta'zir in each caseaccording to his own observations and personal ijtihad. It has been suggestedthat the individual in such a system is exposed to official abuse against whichhe has no effective means of protecting himself ...
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Marzuki, Marzuki. "HUKUM DAN PERADILAN DALAM MASYARAKAT MUSLIM PERIODE AWAL ISLAM." Bilancia: Jurnal Studi Ilmu Syariah dan Hukum 14, no. 1 (June 17, 2020): 1–12. http://dx.doi.org/10.24239/blc.v14i1.518.
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This paper deals with law and Islamic court in the period of Prophet an Khulafā’ Rāshidun. In the period of Prophet, law was not widely interpreted since the Prophet was the only source at that time. There was also also no building for the court, but dispute resolution was held in the mosque. In the period of Khulafā’ Rāshidun, especially in ‘Umar’s period, there was a separation betweem legislative, executive, and judicative bodies. There was also building for court, in ‘Uthman’s period, and salaries were given to the judges from Bayt al-Mal. In. ‘Ali’s period, administration of justice began to be independent in solving the case.
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Mirhamad, Farman, and Baqer Shamsulddin. "The Principles of Justice in the Quranic Perspectives and Administrative Laws." Islamic Sciences Journal 14, no. 4 (April 11, 2023): 319–48. http://dx.doi.org/10.25130/jis.23.14.4.1.13.
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The research begins with the definition of Justice principle, which is about giving everyone’s rights and placing everything in its rightful position, appreciating each matter according what it is worth, and refrain from injustice, discrimination, and racism in managing affairs.
In the first chapter, the research deals with the meaning of Justice in The Holly Quran, with mentioning its types, and followed by explaining the difference between justice and equity in Islamic law(Sharia) and laws.
Then, in the second chapter, the research defines the implications of the principle of justice in administration and mentions practical instances in the Holy Quran as well as the Sunnah of the Prophet concerning this matter, as indicated that the Holy Quran commanded justice even with enemies, and thus it surpasses all human laws and systems in spreading justice and applying it in human society.
In the third chapter, this paper further describes the constitutional and legal foundation of the principle of justice, where it encompasses the insistence of the Iraqi legislations concerning the embodiment of the constitutional laws, and its general principles of justice that the state follows. It also emphasized the principle of justice before the law, and this emphasis occurs in many constitutional provisions and clauses as well as laws in different forms.
What is related to the conclusion, the reasercher presented the most important findings concluded by the research.
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Yusdiansyah, Efik. "The State Administrative Decision-Making in the Adoption of Maslahah Mursallah Principle in Indonesia." Sriwijaya Law Review 7, no. 2 (July 31, 2023): 287. http://dx.doi.org/10.28946/slrev.vol7.iss2.2557.pp287-299.
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The development of State Administration Law is a prerequisite for constitutional development in realising good governance. From the perspective of national administration, administrative reform is a revision of several legal policies related to structure, process, and management in the areas of finance, supervision, staffing, accountability and transparency, and political decision-making processes and their implementation. Political decision-making process and its implementation. State administration reform also means reform in the field of state administration law. As one of the efforts to use the Islamic Law approach, one of which is the principle of maslahah mursalah, which prioritises the benefit of the people. So what if this principle is applied to policy making by State Administrative Officials. This study aims to determine the application of the principle of maslahah mursalah to State Administrative Decisions. The method used is normative legal research method, using deductive analysis method. It is hoped that the results of this research will be able to provide an overview of the role of the maslahah mursalah principle in efforts to realise State Administrative Decisions based on good values, as well as providing a sense of justice and prioritising benefits and avoiding mischief.
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Abdul Manaf, Zati Ilham, Khadijah Binti Mohd Najid, Muhammad Amrullah Bin Drs Nasrul, and Najhan Bin Muhamad Ibrahim. "OPTIMISING WAQF LAW FOR EFFECTIVE ADMINISTRATION: A COMPARATIVE ANALYSIS OF THE TRUSTEE ACT 1949 AND STATE WAQF ENACTMENTS." IIUM Law Journal 31, no. 1 (May 16, 2023): 235–60. http://dx.doi.org/10.31436/iiumlj.v31i1.800.
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Waqf, an Islamic social finance instrument, can be a tool for sustainable economic development if efficiently managed and optimally implemented. As more states in Malaysia seek to improve the governance and administrative responsibilities of their Waqf trustees through a regulatory framework, this article aims to propose statutory amendments that emphasise the principles of integrity and fairness in the pursuit of justice, ultimately improving the governance and administrative responsibilities of Waqf administrators in Malaysia. Using qualitative and comparative legal analysis, this study compares the duties of trustees under the Trustee Act of 1949 with those of Mutawalli and Nazhirs in selected Waqf enactments to provide insights for perfecting the current Waqf laws in Malaysia. The findings suggest that there is room for improvement in terms of administration and governance, and the provisions of the Trustee Act of 1949 can serve as a useful reference.
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Garms, Ulrich. "Promoting Human Rights in the Administration of Justice in Southern Sudan. Mandate and Accountability Dilemmas in the Fiel Work of a DPKO Human Rights Officer." International Organizations Law Review 6, no. 2 (2009): 581–600. http://dx.doi.org/10.1163/157237409x477707.
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AbstractThe UNMIS Human Rights Section is called to promote respect for international human rights standards as part of a peacekeeping operation in a post-conflict society. As such, it is exposed to conflicting but equally legitimate demands from different stakeholders. To illustrate some of the dilemmas arising in practice from the tensions between these demands, the paper looks at three case studies taken from the work of the UNMIS Human Rights Section in Southern Sudan. They concern the tension between customary law and the protection of women's rights, the right to counsel in capital cases, and justice for atrocities committed during the civil war. The paper argues that, also because of the inherent fundamental contradictions in what a field presence such as the UNMIS Human Rights Section seeks to achieve, attempts to promote meaningful accountability of the field operation for the results obtained encounter significant limitations.
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Dr. Muhammad Asad, Dr. Barkat Ali, and Hafiz Muhammad Usman Nawaz. "Payment of Diyat in Pakistan: Exploring the Missing Islamic Spirit." sjesr 3, no. 4 (December 28, 2020): 418–23. http://dx.doi.org/10.36902/sjesr-vol4-iss1-2021(418-423).
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Though the Islamic Republic of Pakistan (Pakistan) as established in 1947, adopted the then British oriented existing laws, it was confirmed that appropriate modification will be made in these laws. Therefore, among others, the criminal laws including Pakistan Penal Code, 1860 (PPC) have been amended particularly to bring its provisions in conformity with Islamic Injunctions. In this context, in addition to other matters of the offenses affecting human life, the provisions of Diyat have been inserted in PPC. However, the law of Diyat as introduced in PPC is not all-inclusive. On the aspect of responsibility regarding the payment of Diyat, in case of incapacity of the offender, the law of PPC as amended in Islamic context is somehow still incomplete. As such, this situation is affecting the rights of the parties. The present law of Diyat as provided in PPC, indeed, is lacking the important aspect ‘Aqilah’. The insertion of provisions of 'Aqilah' in the PPC, may make the law of Diyat in the true sense of Islamic Injunctions, and consequently, the currently arising issues of non-payment of Diyat money particularly in case of offender's poverty, maybe settled down, and it ultimately will contribute for upholding the Rule of Law in criminal administration justice system of Pakistan. This is a doctrinal and analytical based study that focuses on the relevant literature either directly or indirectly related to the research topic. It engages the investigative deliberation of both types of primary and secondary sources. Such a way of deliberating the currently prevailing situation will put our study toward a result-oriented conclusion with suitable suggestions on the topic at hand.
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Dr. Muhammad Asad, Dr. Barkat Ali, and Hafiz Muhammad Usman Nawaz. "Payment of Diyat in Pakistan: Exploring the Missing Islamic Spirit." sjesr 3, no. 4 (December 28, 2020): 418–23. http://dx.doi.org/10.36902/sjesr-vol4-iss1-2021(418-423).
Full textAbstract:
Though the Islamic Republic of Pakistan (Pakistan) as established in 1947, adopted the then British oriented existing laws, it was confirmed that appropriate modification will be made in these laws. Therefore, among others, the criminal laws including Pakistan Penal Code, 1860 (PPC) have been amended particularly to bring its provisions in conformity with Islamic Injunctions. In this context, in addition to other matters of the offenses affecting human life, the provisions of Diyat have been inserted in PPC. However, the law of Diyat as introduced in PPC is not all-inclusive. On the aspect of responsibility regarding the payment of Diyat, in case of incapacity of the offender, the law of PPC as amended in Islamic context is somehow still incomplete. As such, this situation is affecting the rights of the parties. The present law of Diyat as provided in PPC, indeed, is lacking the important aspect ‘Aqilah’. The insertion of provisions of 'Aqilah' in the PPC, may make the law of Diyat in the true sense of Islamic Injunctions, and consequently, the currently arising issues of non-payment of Diyat money particularly in case of offender's poverty, maybe settled down, and it ultimately will contribute for upholding the Rule of Law in criminal administration justice system of Pakistan. This is a doctrinal and analytical based study that focuses on the relevant literature either directly or indirectly related to the research topic. It engages the investigative deliberation of both types of primary and secondary sources. Such a way of deliberating the currently prevailing situation will put our study toward a result-oriented conclusion with suitable suggestions on the topic at hand.
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Syukri, Aulia Permata, and Sri Yunarti. "DAMPAK PELAKSANAAN PERMENDAGRI NOMOR 109 TAHUN 2019 TERHADAP NIKAH SIRI DI KOTA SOLOK PERSPEKTIF HUKUM KELUARGA ISLAM." JISRAH: Jurnal Integrasi Ilmu Syariah 4, no. 3 (December 30, 2023): 307. http://dx.doi.org/10.31958/jisrah.v4i3.11656.
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This research examines the impact of implementing Permendagri number 109 of 2019 on unregistered marriages in Solok City from the perspective of Islamic Family Law. The problem is, there is a Ministry of Home Affairs regulation that allows unregistered married couples to have a family card. This study uses field research. Data obtained through interviews and documents. The results of the study show that the implementation of Permendagri number 109 of 2019 article 5 paragraph (2) letter b in Solok City has been carried out in accordance with applicable regulations and can be taken care of directly by Disdukcapil with several procedures. The positive impact is that it makes it easier for the public to obtain population administration documents and obtain other public services so that gaps do not occur. The negative impact makes people underestimate the registration of marriages and creates difficulties for wives and children in legal certainty. Analysis of Islamic family law on the implementation and impact of this rule causes losses, especially for the wife and children, because it does not have the force of law in the event of a divorce and also has an impact on children's rights such as inheritance. In essence, family law wants legal certainty for everything that has happened and can provide justice so that the goal of marriage that is sakinah mawaddah warahmah can be realized properly.
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Najichah, Najichah. "IMPLIKASI INISIATIF PERCERAIAN TERHADAP HAK NAFKAH ISTRI." Journal of Islamic Studies and Humanities 5, no. 1 (December 17, 2020): 42–60. http://dx.doi.org/10.21580/jish.v5i1.6960.
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AbstractDivorce is the case most frequently submitted to the Religious Courts in Indonesia. This paper discusses how the divorce initiative has implications for the wife's right to post-divorce income. There are differences regarding the wife's right to post-divorce income based on who took the initiative to file for the divorce. In a divorce on the husband's initiative, based on the Compilation of Islamic Law, the husband is obliged to provide the wife's rights in the form of post-divorce income. Whereas for the divorce initiative originating from the wife, there is no obligation for the husband to give the wife the right to post-divorce income. Legal progressiveness emerges and provides new hope in reforming Islamic family law in Indonesia by punishing husbands to pay for their wives' rights to post-divorce income in divorce cases on the wife's initiative, namely; Jurisprudence of the Supreme Court of the Republic of Indonesia number 137/K/AG/2007, Book II of Guidelines for the Implementation of Duties and Administration of the Religious Courts, Supreme Court Regulation Number 3 of 2017, Circular of the Supreme Court Number 2 of 2019 which are in accordance with the principles of benefit, certainty and legal justice.
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Oseni, Umar Aimhanosi. "Sharī‘ah court-annexed dispute resolution of three commonwealth countries – a literature review." International Journal of Conflict Management 26, no. 2 (April 13, 2015): 214–38. http://dx.doi.org/10.1108/ijcma-06-2012-0050.
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Purpose – The purpose of this study is to examine the legal framework for court-annexed dispute resolution in courts with Sharī‘ah jurisdiction in Nigeria, Malaysia and Singapore. The major part of the study is dedicated to propose reforms in the administration of justice system in the courts with Sharī‘ah jurisdiction in Nigeria and the relevance of such reforms to the ongoing reforms in the Middle East and North African (MENA) countries. Design/methodology/approach – This is an integrative literature review, which adopts a comparative approach in analyzing the conceptual framework of amicable dispute resolution in the modern world with particular reference to the Sharī‘ah court. Findings – The findings of this research illustrate the adaptability of the practices in Malaysia and Singapore in the courts with Sharī‘ah jurisdiction in Nigeria and the MENA region. Practical implications – An exposition of the dispute resolution processes in Islamic law reveals the relevance of these processes in modern reforms of the administration of justice system. The practical implications of this study include the streamlining of the rules and procedures of modern Sharī‘ah courts in post-revolution Arab countries to allow for court-annexed amicable (alternative) dispute resolution initiatives. Originality/value – As far as it is known, this is the first conceptual study on the court-annexed dispute resolution frameworks of Sharī‘ah courts in three commonwealth jurisdictions.
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Nor, Aishah Mohd, Shadli Sabarudin, and Rafeah Saidon. "Factors Influencing he Degree of Penalties for Matrimonial Offenders in The Selangor Shariah Court of Malaysia." International Journal of Religion 5, no. 10 (June 26, 2024): 2209–19. http://dx.doi.org/10.61707/bqwyga74.
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The Islamic Family Law (Selangor) Enactment 2003 (IFLSE 2003) encompasses a range of matrimonial offences. The IFLSE 2003 empowers the Shariah Court judges with discretion to determine the degrees of penalties for these offences. In the absence of a clear guideline, there is a wide discretionary element in the decision-making process, leaving room for individual judicial interpretation and subjectivity in the application of penalties. Therefore, this research aims to analyze the factors influencing the degree of penalties imposed on matrimonial offenders within the Selangor Shariah Courts in Malaysia, in accordance with IFLSE 2003. This study employs a qualitative approach through semi-structured interviews with the judges of the Selangor Shariah Courts in Malaysia and conducting a thorough analysis of court files and documents related to cases of matrimonial offences. The research reveals several factors that significantly impact the court’s decision in imposing lighter or heavier penalties on the offenders, which include financial status, absence of a criminal record, the severity of the offence, mitigating appeal, the discretion of the judge, compliance with the court order, social consideration, and public interest. The study concludes that the exercise of judicial discretion, manifested through judicial opinion (ijtihād), plays a crucial role in determining the appropriate degree of penalties for matrimonial offenders. As a result, individuals committing similar offences may face differing penalties based on the court's consideration of the presented mitigating factors. The research findings have important implications for the administration of justice within the broader Islamic legal system in Malaysia. The identification of influential factors underscores the need for a clear guideline for sentencing and highlights the dynamic nature of Islamic jurisprudence in contemporary legal proceedings. This study contributes original insights into the field of Islamic family law and criminal justice in Malaysia. This research uniquely focuses on the gap concerning explicit guidelines for determining penalties under IFLSE 2003. Additionally, the identification of specific mitigating factors that influence sentencing decisions represents a novel contribution, offering a comprehensive understanding of the complex decision-making process in cases of matrimonial offences in Shariah Courts of Selangor, Malaysia.
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Sabian, Nur Arfah Abdul, Abdul Mutalib Embong, Raja Ahmad Iskandar Raja Yaacob, and Zullina Hussain Shaari. "Conversion of Religion: A Study on the Position of Law, Religion, and Practice in Malaysia and Egypt." GATR Global Journal of Business Social Sciences Review 3, no. 3 (August 11, 2015): 54–66. http://dx.doi.org/10.35609/gjbssr.2015.3.3(7).
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Objective - This paper is a comparative study between two selected countries in relation to conversion cases in religion or belief. Malaysia and Egypt are in the picture since both are Islamic countries, and frequently being reported to possess low level of religious freedom prior to the intervention of the religious authorities and Shariah court. The first part of the paper will discuss the definition of conversion and apostasy. The second part follows with the position on the right of conversion in the stated countries Methodology/Technique - The paper will use the content analysis methodology. Its approach focuses on the literature sources from printed media such as books, law journals, written reports and other relevant and authentic materials. Findings - Highlight the main findings that justified the research theme. Novelty - It will narrow the discussion to illustrate the development of the administration of justice specifically for the right of conversion in both countries in line to UDHR 1948. Type of Paper - Review. Keywords: Freedom of religion, conversion, Islam, human right, comparative studies, Malaysia, Egypt
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Gusenova, Patimat A., and Nikolay G. Stoyko. "The comparative historical and comparative legal characteristics of the Islamic criminal procedure." Issues of Theology 2, no. 4 (2020): 550–66. http://dx.doi.org/10.21638/spbu28.2020.402.
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In order to analyze and characterize modern forms of the criminal process, it is customary to use comparative legal typologies. Within the framework of the comparative legal approach, the division of the criminal investigative process and controversial types is widespread (‘common’). Each of them is characterized by a certain spectrum of ideal attributes, opposed to each other and “embedded” in a wider typology of legal families. This article raises the question of the existence of a third universal model of the criminal process, which is considered the criminal process of the countries of Islamic rule (Islamic). It is concluded that in its technical structure (at the level of its procedural form), the Islamic criminal process belongs to the investigative type. However, if we consider the Islamic criminal process from the point of view of its procedural content, which has a religious legal explanation, it undoubtedly has the specifics that make it possible to speak of it as an independent ideal type (universal model). This is evidenced by three characteristics: the supremacy of the Koran and the Sunna over legislation and precedent; the priority of ijma (unanimous opinion of Muslim legal scholars) over the law (its procedural and substantive provisions) and judicial decisions (precedent); the administration of justice only by the cadi (judges who, by virtue of religious duty, subordinate to themselves all participants in the criminal process and are responsible for its entire course and outcome).
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Islamiyati, Dewi Hendrawati, Aisyah Ayu Musyafah, Asma Hakimah, and Ruzian Markom. "Religious Practices of Land Endowment: Examining Reform and Dispute Resolution Alternatives of Land Waqf in Indonesia and Malaysia." International Journal of Public Policy and Administration Research 9, no. 3 (November 28, 2022): 71–78. http://dx.doi.org/10.18488/74.v9i3.3204.
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The research aimed to analyze the land waqf dispute resolution mechanisms in Indonesia and Malaysia to provide the Indonesian government with ideas regarding land waqf dispute resolution laws. The approach adopted was a comparative study that highlights the mechanisms and models of waqf dispute resolution in Indonesia and Malaysia. The results show that the Indonesian waqf dispute resolution mechanism comprises two approaches: juridical and sociological. The juridical approach is based on Waqf Law No. 41 of 2004, Article 62. Meanwhile, the sociological approach is based on local wisdom and policies derived from Islamic law. In comparison, the mechanism for resolving waqf land disputes in Malaysia consists of two routes: the non-litigation channel, which consists of negotiation, mediation, and arbitration, and the litigation path, via the sharia court. In the Malaysian mediation pathway, the mediator and the advocacy institution are State Islamic Religious Councils (SIRCS), assisted by waqf managers and experts. An arbitration mechanism is often chosen because the management of waqf land is, for about 40 percent, associated with business, commerce, industry, and property. The similarities between the two countries are that they are committed to resolving waqf land disputes based on applicable law, the concept of justice, and the desire to protect human rights, minimize expenses, build good relationships after disputes, and provide advocacy for the rescue of the donated land assets.
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Agaileh, Zaid Muhmoud. "Educational waqf (endowment) in artificial intelligence programs: Toward a new form of waqf." Journal of Governance and Regulation 13, no. 1 (2024): 231–40. http://dx.doi.org/10.22495/jgrv13i1art21.
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Waqf entails locking-up the title of an owned property and allotting the benefits for charitable purposes. It is among the most emphasized acts of righteousness in Islam, emphasizing social justice, collective good deeds, and fair distribution of wealth. The main legislation regulating and governing waqf in the United Arab Emirates (UAE) is the Federal Waqf Law No. 5 of 2018, largely derived from Islamic law (Shari’a). This study discusses the possible benefits of applying the waqf system in educational programs related to artificial intelligence (AI) in the Emirate of Dubai. It discusses the general legal rules of waqf in UAE law and its applications in the field of education, as well as its potential role in AI programs. It concludes that waqf can nowadays play a distinguished role in promoting investment in educational programs in Dubai, particularly with regard to AI. The present study paves the way for a better understanding of the role of waqf in the field of education and its results contribute to the growing literature on the subject.
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Dzanurusyamsyi, Dzanurusyamsyi. "UPAYA PENGADILAN DALAM PERLINDUNGAN HUKUM ANAK LUAR NIKAH BERDASARKAN SILA KE-5 PANCASILA." Jurnal Pembaharuan Hukum 3, no. 1 (April 27, 2016): 86. http://dx.doi.org/10.26532/jph.v3i1.1349.
Full textAbstract:
In accordance with the Marriage Law Article 43 paragraph (1) and Article 100 Compilation of Islamic Law, that child out of wedlock obtain a civil relationship with her mother and her mother’s family. The provisions of article 43 paragraph (1) that the Court’s decision the Constitution of No. 046/PUU-VIII/2010 amended with the new norm, that “children born out of wedlock have links civil with her mother and her mother’s family as well as with men as a father to proven by science and technology and/ or other evidence under the law have blood relations, including civil relations with his father’s family’’ provisions of the new norm is still debatable and the pros and cons in the community that have not been finalized. Therefore, it is necessary to do research on: How Construction illegitimate child protection today; factors that affect the construction of the legal protection of a child out of wedlock is not justice at this time. This study used a qualitative approach with sosiolegal research. Factors that affect the protection of children out of wedlock is not justice due to several factors: -First; Factors Differing perceptions Ulama’ and Judges of children out of wedlock and protection against him; Factors Court decision is very diverse/ varied against illegitimate child protection issues; Factors diversity of perceptions on Registration of Population Administration in Indonesia. Then the provisions of the Marriage Law Article 43 paragraph (1)which has judicial review by the Constitutional Court Decision No. 046/PUU-VIII/2010 and Article 100 of the Compilation of Islamic Law must be reconstructed with the editor of a new article as follows: “a child born out of wedlock has relations civil with her mother and her mother’s family as well as with men as a father who can be proved by science and technology and/ or other evidence under the law have blood relation to the determination/ instruction judge and the Court’s decision, the Muslim Religious Court andbesides Islam in the District Court, including a civil relationship with his family “and there should be an affirmation form of additional chapters in the Marriage Law Article 43 with the editorial article as follows; “If it turns out according to a court ruling that the children who sought their origin was proven seedlings men and women and was born in/ from the marriage valid, then the child becomes legitimate child and have a relationship of civil full and relationships biological children with both parents and get inheritance rights.
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Jalil, Abdul, and Muhammad Taufiq. "Al-Ȃtsȃr al-Mutarattibah ‘Ȃla PERPPU (Lawȃih al-Hukûmiyyah al-Badaliyyah) min al-Munazhzhamȃt al-Mujtama’iyyah raqm 2 li ‘ȃm 2017 dlidda wujûd hizb al-Tahrîr Indûnîsiyȃ min Manzhûr saddi al-dzarî’ah." AL-IHKAM: Jurnal Hukum & Pranata Sosial 14, no. 1 (June 30, 2019): 146–77. http://dx.doi.org/10.19105/al-lhkam.v14i1.1982.
Full textAbstract:
تتوافق منظور القانون الدستوري الإسلامي للّدولة الموحّدة بجمهورية إندونيسيا مع مبادئ الدستور الإسلامي، لأن نظام الحكم الذي يتم إدارته قد تضمن مبادئ الدستور الإسلامي مثل المساواة والعدالة والمشاورة والحرية. ويرد المبدأ في المبادئ الخمسة ل لبنجاسيلا (Pancasila). يمكن جهود حزب التحرير اندونيسيا لتشكيل حكومة الخلافة وفقًا لنسختها في الدولة الموحدة لجمهورية إندونيسيا أن تعطل نظام الدولة وأساسها وفلسفتها، ويمكن أن تؤدي إلى تفكك الوطني، ويمكن أن تقضي على التسامح الديني الذي يعد أساسًا في إدارة الدولة الإسلامية. إن ولادة بيربو رقم 2 لعام 2017 لها آثار على إغلاق الفرص (سدّ الذريعة) لمنظمات المجتمعية التي لها تعاليم أو تفاهمات تتعارض مع بنجاسيلا تنمو في الدولة الموحّدة لجمهورية إندونيسيا، و حزب التحرير اندونيسيا هي منظمة محظورة في إندونيسيا. وفقًا للنهج اللاحق، فإن وجود حزب التحرير اندونيسيا يهدد سيادة الدولة، بحيث يقع في فئة مستوى سد الذريعة الذي ينتج عنه بعض التهديدات والمخاطر. لذلك، لتجنب الضرر، فإن البديل عن حل حزب التحرير إندونيسيا هو الخيار الصحيح الذي يجب طرحه.The perspective of Islamic constitutional law, The Unitary State of the Republic of Indonesia is in harmony with the principles of Islamic state administration, because the system of government implemented has embraced the principles of Islamic constitution such as; al-Musâwah (equality), al-‘Adâlah (justice), al-Syûrâ (democration), al-Hurriyyah (freedom). The principle is contained in the five precepts of the Panacaila. HTI's efforts to establish a khilafah government according to its version in the Unitary Republic of Indonesia can disrupt the system, basis and philosophy of the State, can result in national disintegration, can eliminate religious tolerance which is substantially the principle in Islamic state administration. The birth of Perppu Number 2 of 2107 has implications for the closure of opportunities (Sadd al-Dzarîah) Community Organizations that have teachings or understandings contrary to Pancasila grow within the Unitary State of the Republic of Indonesia and HTI becomes a prohibited organization living in Indonesia. According to the consequentialist approach, the existence of HTI threatens the sovereignty of the State, so that being included in the category of levels of sadd al-dzarîah which has the effect of causing harm and danger therefore, to avoid alternative declarations dissolving HTI is the right choice that must be put forward.
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Adawiyah, Robiatul, and Lita Tyesta Addy Listya Wardhani. "Analisis Perda Kabupaten Mukomuko Nomor 5 Tahun 2016 Tentang Berpakaian Muslim dan Muslimah Bagi Siswa Berdasarkan Teori Peraturan Perundang-Undangan." Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial 5, no. 2 (December 23, 2020): 37. http://dx.doi.org/10.22373/justisia.v5i2.8453.
Full textAbstract:
In the context of implementing autonomy and co-administration, local governments have right to make regional regulations. This authority opens the opportunity for the emergence of regional regulations with Islamic nuances, for example the Mukomuko Regency Regional Regulation Number 5 of 2016. This raises pros and cons among the community. Therefore, this is very important to be studied comprehensively. The research method used is normative. As for the issues raised: first, What is the content of the provisions of the Mukomuko District Regulation Number 5 of 2016? second, What is the Regional Regulation of Mukomuko Regency Number 5 of 2016 based on the theory of statutory regulations? Based on research results, that the regional regulation is a sharia-based regional regulation that regulates moeslim dress. In the formation of regulations, including at the regional level, it must not conflict with Pancasila and also the content material principles in Law of PPPU. When referring to Guidelines for Legal Analysis and Evaluation Number PHN-01.HN.01.03 of 2019 which is result of breakdown of Pancasila and Law of PPPU, it is found that based on the variables and indicators of assessing values of Pancasila, this is contrary to the variable of plowing, humanity, nationality, Diversity in Unity, justice, equality in law and government, and legal order and certainty. And type of statutory regulation, namely this regional regulation is not appropriate. This regional regulation also creates disharmony in regulations.
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Ahmad, Aisah, Saifulazry Mokhtar, and Irma Wani Othman. "REALIZING THE IMPLEMENTATION OF HIBAH LAW: THE IMPORTANCE OF HIBAH AS ONE OF THE MUAMALAT AND ITS IMPACT ON THE ECONOMY OF ISLAMIC SOCIETY." International Journal of Law, Government and Communication 8, no. 33 (September 1, 2023): 01–21. http://dx.doi.org/10.35631/ijlgc.833001.
Full textAbstract:
Hibah is one of the planning instruments for the distribution or gift of Muslim property that is done voluntarily to other people either in the form of tangible or intangible goods or property. Good property management can ensure that the property owned can be used for the development of individuals and the Muslim community in general. Good property management can also guarantee justice, promote the growth of property and can prevent conflicts or divisions among Muslims. However, there is one main issue that revolves around the legal framework involving the implementation and matters related to hibah, which is the absence of a specific act enshrined in Malaysian legislation to control the procedure and administration of hibah. Although there is no specific legal provision regarding grants, the matter of grants is provided in the Ninth Schedule, List 2, State List, Federal Constitution on the phrase 'grant' in the following list. The Syariah Court clearly has jurisdiction in determining the validity of a grant based on Article 74 (2) and amended Article 121 (1A) of the Federal Constitution. This study was made by using Data Collection Method Data Collection Method, Interview Method and Questionnaire Method. This study was conducted only in 3 housing areas in the Sandakan district, Sabah, namely in Taman Kenari, Taman Rimba and Taman Grandview and the author found that there are factors that affect the level of knowledge among the respondents, namely the income level of the respondents.
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Naila Rafique. "Malakand Nizam-I-Adal Regulation 2009." sjesr 5, no. 3 (September 30, 2022): 145–49. http://dx.doi.org/10.36902/sjesr-vol5-iss3-2022(145-149).
Full textAbstract:
The administration of Pakistan isn’t directly by Central Government, so that fail in administrative capacity. Malakand Division consists of Swat, Chitral, Dir, Malakand Agency. Before 1969 each states have had their own rule and regulations. After implementation of the PATA Regulation (Provincially Administrative Tribal Area) 1975, legal cases were decided by Tehsildar. Under PATA Regulation any person was arrested without any reason. So this Regulation was deteriorated Malakand situation. In 1994 imposition of Tehreek-i-Nifaz-i-Shariat-i-Muhammadi (TNSM), so it was called enforcement of Islamic law in Malakand Division[1]. This Regulation was later on repeal in 1999. The emergence of Tehreek-e-Taliban Pakistan (TTP) 2007 and was swallow up whole of FATA. The TTP has adopted modern techniques to subdue terrorism. Bomb blast and suicide attacks killed thousand of people in whole country. TTP attacked inside in Pakistan was revenge of US involvement in Afghanistan. So in this violence and conflict situation another Regulation was enforced in Malakand Nizam-e-Adal Regulation 2009. In this regulation disputes are settle by informal institutions. It is ensuring of natural justice system, equality, peace and protection.
[1] Sultan-i-Rome, Swat State, p. 308.
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Ruhdiara, RUHDIARA. "PRINCIPLES OF STATE ORGANIZATION IN SURAH AN-NISA' (4): 58-59." Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial 13, no. 1 (June 11, 2023): 01. http://dx.doi.org/10.22373/dusturiyah.v13i1.13280.
Full textAbstract:
Islamic State shows that the context of the discussion on the theme of government, requires to talk about the State, power, and politics and all things related to it. Because these three themes are integral (covering) in a government political system. Government and power are very urgent in a nation's community, because in this way the guarantee of an orderly life order, act based on the law, mutual trust among citizens, and the ideals of building justice for all citizens will be realized. Then the government too, as an unavoidable fact in the life of every citizen which has many meanings for them, individually and collectively. Government is the hope and opportunity to realize a prosperous and sovereign life by regulating the freedom and equal rights of its citizens. The method used in this journal article is a descriptive qualitative research method. The type of research used in the study is classified as library research, namely research in which data is processed and extracted from various books, newspapers, magazines and several writings that are related to this research and uses a normative legal approach. The results of this study indicate that in the implementation of the administration of the State, especially the government of the State in Surah An-Nisa {4}: 58-59 suggests that there are six principles of the use of political power or government power which can be seen as the principles of the administration of the State in the government system,