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Journal articles on the topic 'Muslim Family Law'
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1
Ozzano, Luca. "Adjudicating Family Law in Muslim Courts; Muslim Family Law in Western Courts." Politics, Religion & Ideology 17, no. 4 (October 2016): 453–56. http://dx.doi.org/10.1080/21567689.2016.1265749.
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Esposito, John L. "Women in Muslim Family Law." Verfassung in Recht und Übersee 18, no. 1 (1985): 78–82. http://dx.doi.org/10.5771/0506-7286-1985-1-78.
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Hodkinson, Keith. "Muslim Family Law: A Sourcebook." Verfassung in Recht und Übersee 20, no. 3 (1987): 367–70. http://dx.doi.org/10.5771/0506-7286-1987-3-367.
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Sportel, Iris. "Who’s Afraid of Islamic Family Law? Dealing with Shari‘a-based Family Law Systems in the Netherlands." Religion and Gender 7, no. 1 (February 19, 2017): 53–69. http://dx.doi.org/10.18352/rg.10211.
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In the Netherlands, where views of Muslims and Islamic family law are highly politicised, the application of Islamic family laws by Dutch courts is a topic of heated political debate. Especially polygamy and unilateral divorce by men (talaq) are thought to have a strongly negative impact on the position of Muslim women in the family. In order to assess the gendered impact of Islamic family laws in a European context, this article takes a closer look at Dutch state courts’ decisions. It asks how the application of Islamic family laws can be understood against the background of Dutch political discourses on Islam, family law and women’s rights. While in public and political debates, Islamic family laws are frequently thought to be women-unfriendly, this article shows that the encounter between Islamic family laws and Dutch law often has severe impact on the position of Muslim men living in the Netherlands.
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Subramanian, Narendra. "Islamic Norms, Common Law, and Legal Reasoning: Muslim Personal Law and the Economic Consequences of Divorce in India." Islamic Law and Society 24, no. 3 (June 9, 2017): 254–86. http://dx.doi.org/10.1163/15685195-00243p03.
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Two major judgments of the Indian Supreme Court that awarded Muslim women alimony had very different consequences: Shah Bano (1985) evoked extensive conservative Muslim protest that led to legislation meant to limit alimony among Muslims, while Danial Latifi (2001) faced no overt opposition and was not overturned. These consequences were related to the sources and modes of reasoning used. Shah Bano independently interpreted Qurʾanic verses, suggested that commonly applicable laws may override religious law provisions, and called for uniform family laws. Danial Latifi relied solely on statutes of Indian Muslim law and Islamic norms. It thus followed the Indian state’s usual approach to personal law, which is sensitive to public preference that family life should be regulated according to religious and other cultural norms. However, public opinion provided support to change Muslim law earlier than the 1970s. More extensive changes could be introduced over the next decade in Muslim law based on Islamic norms and Muslim opinion.
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Qamber, Rukhsana. "Family Matters." ISLAMIC STUDIES 60, no. 3 (September 30, 2021): 223–46. http://dx.doi.org/10.52541/isiri.v60i3.1791.
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History has so far paid scant attention to Muslims in the earliest phase of colonizing the Americas. As a general policy, the Spanish Crown prohibited all non-Catholics from going to early Spanish America. Nevertheless, historians recognize that a few Muslims managed to secretly cross the Atlantic Ocean with the European settlers during the sixteenth century. Later they imported African Muslim slaves but historians considered both Africans and indigenous peoples passive participants in forming Latin American society until evidence refuted these erroneous views. Furthermore, the public had assumed that only single Spanish men went to the American unknown until historians challenged this view, and now women’s role is fully recognized in the colonizing enterprise. Additionally, despite the ban on non-Catholics, researchers found many Jews in the Americas, even if the Spanish Inquisition found out and killed almost all of them. In line with revisionist history, my research pioneers in three aspects. It demonstrates that Muslim men and women went to early Spanish America. Also, the Spanish Crown allowed Muslims to legally go to its American colonies. Additionally, the documents substantiate my new findings that Muslims went to sixteenth-century Latin America as complete families. They mostly proceeded out of Spain as the wards or servant-slaves of Spanish settlers after superficially converting to Catholicism. The present study follows two case studies that record Muslim families in early sixteenth-century Spanish America. Paradoxically, their very persecutor—the Spanish Church and its terrible Inquisitorial arm—established their contested belief in Islam.
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Mubarok, Atus Ludin. "Kedudukan Saksi Non Muslim dalam Perkawinan Menurut Peraturan Perundang-Undangan di Indonesia." Mutawasith: Jurnal Hukum Islam 4, no. 1 (July 12, 2021): 42–58. http://dx.doi.org/10.47971/mjhi.v4i1.307.
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In the field, it often happens that a Muslim marries a convert to a Muslim woman with a large non-Muslim family status. In marriage, converts submit non-Muslim witnesses. What is the status of their testimony according to the law. The purpose of this study was to determine the position of non-Muslim witnesses to marriage according to the legislation with a qualitative method, a literature study approach. Source of data in the form of legislation related to family law. It is done by deductive-inductive method. From the discussion, it can be concluded that the Indonesian laws and regulations stipulate that marriage witnesses must be Muslim. A non-Muslim is not accepted as a witness to a marriage. In the case of divorce and reconciliation, the witness's special religious requirements are set. There is an opportunity for non-Muslims to be witnesses in ruj'u and divorce cases. Divorce on the grounds of shiqaq must be heard from witnesses who come from the husband and wife's family. That is, Article 76 of Law no. 7/1989 paragraph (1) still applies to family and close people of husband and wife who are non-Muslims and must provide testimony as witnesses.
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Pilgram, Lisa. "British-Muslim family law and citizenship." Citizenship Studies 16, no. 5-6 (August 2012): 769–82. http://dx.doi.org/10.1080/13621025.2012.698506.
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Huda, Md Nurul. "Activities of Islamic Sharī’ah Council and Muslim Arbitration Tribunal to Apply Islamic Law in England and Wales." Al-Milal: Journal of Religion and Thought 2, no. 2 (December 26, 2020): 1–16. http://dx.doi.org/10.46600/almilal.v2i2.81.
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The UK is a Christian majority country with several minority religious groups like Muslims, Hindus, Jews and Sikhs who have been living there for a long time. All faith groups have their own laws. Likewise, Muslims also have their specific laws called “Sharī’ah law” or “Muslim Family Law”. This paper attempts to represent a prospect of how Islamic law deals with the issues faced by the Muslims in England and Wales. There are many “The Islamic Shari’ah Council (ISC)” and “Muslim Arbitrational Tribunal (MAT) to solve the family concerns in England and Wales, for instance, marriage, child custody, divorce and other issues related to their matrimonial life. These councils play a prime role in implementing Islamic law among Muslims in Britain. Since ISC and MAT play a crucial role in applying Islamic law, it will be the focusing component of the paper. This study examines how ISC and MAT resolve the legal problems of the Muslim families and to which extent sometimes it is allegedly not compatible with England and Wales's domestic legal settings. Moreover, the main aim and object of the paper is to find out the internal functions and the processes of the Islamic Sharī’ah Council and Muslim Arbitration Tribunal in England and Wales
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Muhammad, Ismail, Safrina Ariani, and Muhammad Yusuf. "Balinese Muslim Minority Rights in Education and Islamic Family Law." Samarah: Jurnal Hukum Keluarga dan Hukum Islam 5, no. 2 (December 26, 2021): 804. http://dx.doi.org/10.22373/sjhk.v5i2.9108.
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Islam came in peace to Bali in the 14th century, initiated by communities from Java, and followed by those from Bugis, Makassar, Lombok, and even Malays and Arabs. Muslims in Bali are a minority group, which only accounts for 10.08% of the total population of Bali. This study aims to examine the rights of the Balinese Muslim minority in education and Islamic family law. This study is empirical legal research that examines the law in relation to problems in society realistically, or a socio-legal study, using a phenomenological approach. Data collection techniques included interview, observation, and literature review. The respondents interviewed were selected purposively from the Regional Office of the Ministry of Religious Affairs, the Mosque Management, the Provincial Council of Ulema, and the local Muslim community. The findings reveal that the rights of Balinese Muslim minority in terms of education, both formal and informal, are displayed through strengthening the family resilience by building the spirit of Islam, carrying out children’s education in an Islamic way by promoting tolerance, and sending children to Islamiceducational institutions such as Taman Pendidikan Al-Qur' an (TPA), Raudhatul Atfhal (RA), pesantrens, and madrasas. Further, Islamic family law is implemented in matters of marriage, divorce, waqf, child guardianship, and joint property under the simple, fast, and low-cost principles carried out by the Office of Religious Affairs, Religious Counselors, and the Religious Courts in Denpasar. It seems that historical bonding is highly fundamental that allows the Muslims and the Balinese people in general to continue to live in harmony and peace to this day.
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Berger, Maurits. "PUBLIC POLICY AND ISLAMIC LAW: THE MODERN DHIMMĪ IN CONTEMPORARY EGYPTIAN FAMILY LAW." Islamic Law and Society 8, no. 1 (2001): 88–136. http://dx.doi.org/10.1163/156851901753129683.
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AbstractEgyptian law has maintained the Islamic system of interreligious law in which the Muslim, Christian and Jewish communities are governed by their own courts and their own laws. In the course of the twentieth century, however, these separate courts were abolished and the application of non-Muslim laws was restricted to matters of marriage and divorce, and then only if the non-Muslim spouses share the rite and sect of the same religion. In all other cases Islamic law applies. In addition, non-Muslim laws may not be applied if they violate Egyptian "public policy", a European concept which refers to the fundamentals of a national legal order. Egyptian public policy can be defined as those principles which are essential in Islamic law. In this article I analyse the status of the non-Muslim Egyptian in contemporary personal status law, based on Egyptian case law and legal literature. The concept of public policy plays a key role in understanding the mechanics of interreligious law in Egypt. I will argue that public policy serves as a legal barometer of the coexistence between Muslim and non-Muslim communities in Egypt.
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Nasir, Mohamad Abdun. "Negotiating Muslim Interfaith Marriage in Indonesia: Integration and Conflict in Islamic Law." Mazahib 21, no. 2 (December 27, 2022): 155–86. http://dx.doi.org/10.21093/mj.v21i2.5436.
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Conflict can emerge from marriage involving parties of a different faith. However, interfaith marriage may also expose negotiation to secure the union. Although interfaith marriage is normatively restricted in Islamic law, it does occur. This study departs from the normative discourse of Islamic law and the empirical research of Muslim family law. It uses the theory of law, conflict, and integration to analyse the textual debates and practice of interfaith marriage in Lombok, Indonesia. This study reveals the patterns of Muslim interreligious marriage and the conversion that applies. The first pattern shows that non-Muslim partners convert to Islam before the marriage can be concluded. The second pattern involves Muslims who leave Islam to marry their non-Muslim partner. The third pattern suggests that each couple adheres to a different belief during the marriage even though the marriage contract was performed according to Islamic law. From the perspective of Islamic law, in the sense of sharia and Muslim family code, the first pattern is the most ideal because it follows these Islamic legal normativities. Although all practices have the potential for family and social integration, the second pattern is the most susceptible to conflict.
Keywords: interfaith marriage, conflict, integration, Islamic law
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Mohamed Adil, Mohamed Azam. "Custody and Religion of Minors in Malaysia." ICR Journal 8, no. 2 (April 15, 2017): 272–74. http://dx.doi.org/10.52282/icr.v8i2.203.
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Child custody refers to the upbringing of a child, including the parental responsibility to provide protection, love, care, education, shelter and management. Generally, in determining who will be the legal custodian of a child, a court will first and foremost ensure that the child’s welfare is well-protected.
In Malaysia, child custody is governed by two separate laws, one for non- Muslims and one for Muslims. For non-Muslims, the Law Reform (Marriage and Divorce) Act of 1976 (Act 164) holds sway, while for Muslims it is either the Islamic Family Law Enactments of the respective states or the Islamic Family Law Act of the Federal Territories that are relevant. While the Malaysian civil court operates over the non-Muslim laws, the Syariah court operates over the Muslim ones.
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Lestari, Siska, and Sri Endah Wahyuningsih. "The Division Of Distributable Assets To The Non-Muslim Heirs Based On Compilation Of Islamic Law." Jurnal Akta 5, no. 2 (May 16, 2018): 397. http://dx.doi.org/10.30659/akta.v5i2.3093.
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Inheritance issues are particularly vulnerable because they are related to total assets to be distributed to the heirs. This issue often occurs and ends up in court, especially concerning the issue of inheritance for non-Muslim heirs. Based on the Compilation of Islamic Laws, non-Muslim heirs are not entitled to the inheritance of the Muslims family. For non-Muslim heirs, this is very unfair, so it can cause disunity within the family. Islam prioritizes justice and prosperity, so that cases of non-Islamic heirs can be given alternative solutions by giving inheritance through a mandatory will (Wasiat Wajibah).Keywords: Inheritance; Non-Moslem Heir; Compilation of Islamic Law.
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Uthlufah, Haqqiyah. "THE PRINCIPLE OF SELF SUBMISSION IN DIVORCES CASES FROM THE PERSPECTIVE OF LEGAL CERTAINTY." Trunojoyo Law Review 2, no. 1 (February 1, 2020): 63–78. http://dx.doi.org/10.21107/tlr.v2i1.9496.
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The problem of the principle of submission in the divorce law in the Religious Court by a non-Muslim couple occurs because the couple's marriage is based on Islamic law. What cannot be separated from Islamic law is Islamic family law because it is related to the faith of a Muslim. Islamic family law can only apply to Muslims and cannot apply to non-Muslims. The problem of the principle of submission to the divorce law was incomplete (incomplete norm) or the existence of a legal vacuum (vacuum of norm) in marriage law in Indonesia. This research is a legal research and is normative in nature. The approach used is statutory, case, and conceptual. The legal materials used are primary, secondary and tertiary. The method of collecting legal materials is first to qualify the facts and then to qualify the law. The analytical tool used is legal interpretation in the form of principal, systematic and grammatical interpretation.
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Al-Sharmani, Mulki, and Sanna Mustasaari. "Islamic Family Law(s) in Finland." Temenos - Nordic Journal of Comparative Religion 58, no. 2 (December 22, 2022): 217–38. http://dx.doi.org/10.33356/temenos.113886.
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A central premise of the concept of freedom of religion is that the state has the obligation and authority to regulate and protect the religious rights of individuals and religious communities. However, this entails the state’s navigation of the rights of citizens vis-à-vis the norms of their religious communities, which in some cases may be in tension. The state must also maintain the country’s central legal principles. These premises are interconnected in vexing ways. This article studies how the concept of freedom of religion, with these underlying premises, applies to the practice of Islamic law in Finland. This question is reflected through an analysis of Finnish Muslims' marriage practices. We argue for a nuanced understanding of the relationship between Islamic family law and freedom of religion. Towards this goal we employ the concept of wellbeing (building on Sarah White 2010) to locate the practice of Islamic family law in Finnish Muslims’ daily lives, whereby they pursue material, relational, and ethical needs and aspirations. We analyse how individuals conclude their marriages and the diverse motivations and meanings underlying these practices. Our aim is to capture the familial, economic, racial, political, and ethical processes through which Finnish Muslims continually and dynamically organize marriage (and divorce) and the implications for their freedom of religion on the one hand and for the Finnish state on the other. Our analysis draws on interview data collected in an ethnographic study of Muslim marriage and divorce practices in Finland in the period between 2013 and 2018.
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Kusrin, Zuliza Mohd, Mohd Zamro Muda, Hayatullah Laluddin, and Abdul Basir Mohammad. "Comment Conversion and the Conflict of Laws in Respect of Spouse Rights to Inheritance in Malaysia." Religion and Human Rights 7, no. 1 (2012): 1–9. http://dx.doi.org/10.1163/187103212x625660.
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Abstract Conversion of either of non-Muslim spouses to Islam has far-reaching legal consequences in matters of the law of personal status in the Malaysian context. This is due to the existence of two different legal systems governing family matters or matters of personal status. Muslims citizens are governed by Islamic family law, whilst non-Muslim citizens are governed by civil law. The existence of dual legal systems, in the case of conversion of either spouse of any civil marriage, leads to a conflict of interest between both parties, for the marriage has to be dissolved according to civil law and the divorce petition has to be applied by the non-Muslim spouse in the civil court. This article attempts to analyze the conflict of laws caused by such conflicts of interest on matters related to the claims of property after the death of either spouse or their conversion. This article focuses mainly on the issues of inheritance and jointly acquired properties.
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Cilardo, Agostino. "The Evolution of Muslim Family law in Egypt." Oriente Moderno 65, no. 4-6 (August 12, 1985): 67–124. http://dx.doi.org/10.1163/22138617-0650406002.
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Rahman, Noor Aisha Abdul. "Muslim Personal Law and Citizens' Rights: The Case of Singapore." Asian Journal of Comparative Law 7 (2012): 1–29. http://dx.doi.org/10.1017/s2194607800000697.
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AbstractPrevailing discourse on multiculturalismi tend to focus on its merits in protecting the cultures and traditions of minority groups within the framework of the politics of accommodation. Less discussed are its implications on the rights and autonomy of members of the groups themselves who may be adversely affected by the arrangement. This paper attempts to fill the lacunae. It focuses on the problems arising from autonomy granted to the Muslim community of Singapore to determine its personal law, on some segments of the community. Unlike the rest of the citizens of Singapore, the Muslims are bound by their personal law in the domain of the family which they cannot relinquish as long as they remain Muslims. The system which began during the period of British colonial administration has remained ever since. Differences in the mechanisms as well as the orientation of social agencies in determining the Muslim law from those affecting the nonMuslims, invite unwarranted implications on the rights of Muslims, specifically. The problem is reinforced by the strong tendency of state actors to over-rely on dominant groups within the Muslim community in determining matters of Muslim law at the expense of competing ideas and orientation. The absence of choice of law for Muslims poses a predicament to those who do not wish to renounce their religion but maintain differences in perceptions of the Muslim law. This paper analyzes these problems in the arena of the Muslim law on marriage, divorce and inheritance. It also highlights how the arrangement has, in some instances, resulted in the exclusion of Muslims as a whole from the purview of specific national laws and influence policies affecting them against the preferences of the group's members. These issues have generally received scant attention, if at all, eclipsed perhaps by the greater focus on the merits of multiculturalism in protecting minority rights. Some plausible ways, in which the unwitting implications of legal pluralism on the members of the Muslim community can be addressed, taking into consideration both their right as members of the group as well as citizens of the state, are also discussed.
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Garipova, Rozaliya. "Married or not Married? On the Obligatory Registration of Muslim Marriages in Nineteenth-Century Russia." Islamic Law and Society 24, no. 1-2 (March 8, 2017): 112–41. http://dx.doi.org/10.1163/15685195-02412p05.
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The registration and regulation of marriage was one aspect of the Russian empire's modernization policies in the nineteenth century. Efforts by Russian state authorities to establish better control over their subjects through the registration and regulation of marriages created new questions and problems for the Muslim community and its understanding of the legality of marriage. This article focuses on the complications created by modern governance policies in the marriage practices of Russia’s Muslims. Even though the state wanted the Muslim family to be stable so that it might serve as the foundation of an imperial order, new laws introduced by the state caused confusion and disagreement within the Muslim community about the validity of marriages and disrupted the stability of the Muslim family.
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Samuri, Mohd Al Adib, Noor Aziah Mohd Awal, and Muhamad Abral Abu Bakar. "CURBING CHILD MARRIAGE AMONGST MUSLIMS IN MALAYSIA: TOWARDS LEGAL REFORM." UUM Journal of Legal Studies 13, No.1 (January 31, 2022): 1–20. http://dx.doi.org/10.32890/uumjls2022.13.1.1.
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Child marriage is considered by the international community to be a violation of human rights, particularly the right to education and sexual and reproductive healthcare. Unfortunately, there are some Muslim countries in the world, including Malaysia, that has legalised this practice. Laws such as the Islamic family laws in all Malaysian states stipulate legal avenues for underage children to get married, provided they obtain permission from the Sharia court. Therefore, in order to end this harmful practice in Malaysian Muslim society, this article will discuss child marriage under Malaysian Islamic family law and propose a legal reform for Islamic family law regarding marriageable age and court procedure. This article examined international law instruments related to child marriage, Malaysian civil and Islamic laws, and reported cases to understand the legal complexities of child marriage in Malaysia. This article found that there is an urgent need for international agencies, Malaysian federal and state governments, religious authorities, and civil society movements to commence initiatives that address this issue to curb child marriage amongst Muslims in Malaysia, particularly through reforming Islamic family law in all states.
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Habudin, Ihab. "DISKURSUS FEMINISME DALAM HUKUM KELUARGA ISLAM PADA SITUSWEB ISLAM INDONESIA: RESPONS KELOMPOK ISLAM KONSERVATIF DAN ISLAM MODERAT." Al-Ahwal: Jurnal Hukum Keluarga Islam 12, no. 1 (August 29, 2020): 99. http://dx.doi.org/10.14421/ahwal.2019.12108.
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This article discusses intensively the discourse between those who support and against feminism within Indonesian Muslims. The two groups are represented by almanhaj.or.id and islami.co. The author compares three fundamental aspect of feminis legal theory: the position of men and women in Islamic family law; assumptions and relationship towards men and women; and accommodation of womaen’s experiences in law. From the three fundamental aspects, the author conclude that almanhaj.or.id is a Muslims’ website which understand women as object of law which are different with men and promote conservatism and anti-feminism, while islami.co represents Muslims’ website which understand women as subject of law which are equal with men and promote moderatism and feminism in understanding of Islamic Family Law. Artikel ini mendiskusikan secara intensif diskursus antara kelompok yang mendukung dan menetang feminisme di kalangan Muslim Indonesia. Dua kelompok tersebut direpresentasikan melalui situs almanhaj.or.id dan islami.co. Penulis membandingkan tiga aspek fundamental dalam Teori Hukum Feminis, yaitu: kedudukan laki-laki dan perempuan dalam hukum keluarga Islam; asumsi dan relasi antara laki-laki dan perempuan; dan akomodasi hukum terhadap pengalaman permpuan. Dari ketiga aspek itu, penulis menyimpulkan bahwa almanhaj.or.id merupakan sebuah website Muslim yang memahami perempuan sebagai objek hukum yang berbeda dengan laki-laki dan mempromosikan konservativisme dan anti-feminisme, sementara itu islami.co merepresentasikan website Muslim yang memahami perempuan sebagai subjek hukum yang setara dengan laki-laki dan mempromosikan moderatisme dan feminisme dalam memahami hukum keluarga Islam.
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Wahib, Ahmad Bunyan. "Reformasi hukum keluarga di dunia Muslim." Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan 14, no. 1 (June 30, 2014): 1. http://dx.doi.org/10.18326/ijtihad.v14i1.1-19.
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This article discusses about the history and the development of family law reform in Muslim countries.This work has taken a lot benefits from Anderson’s works on Islamic law in the Muslim world for bothdata and perspective. Islamic family law reform started from the second decade of twentieth century(1915) with the issuance of two Ottoman Caliph decrees on wife rights to ask religious court to divorcethem from their husband. This reform was followed by Sudan (starting from 1916), Egypt (1920),Jordan (1951), Syria (1953), Tunisia (1956/1959), Morocco (1958), Iraq (1959), Pakistan (1961) and Iran(1967). The reformation aims to administrate the members of community in the filed of social,economy, politics, and law. From the perspective of modernization, Islamic family law reform inMuslim countries has shown the process of modernization from above.
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Carroll, Lucy. "The Pakistan Federal Shariat Court, Section 4 of the Muslim Family Laws Ordinance, and the Orphaned Grandchild." Islamic Law and Society 9, no. 1 (2002): 70–82. http://dx.doi.org/10.1163/156851902753649289.
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AbstractSection 4 of the Pakistan Muslim Family Laws Ordinance, 1961, dramatically altered the law of succession applicable to Muslims by granting to the orphaned grandchild(ren) the share that their deceased parent would have taken had s/he survived the propositus. The principle of representation incorporated in the Pakistani solution contrasts with the compulsory bequest relied upon by several Middle Eastern countries to deal with the same problem, although arguably representation more closely reflects the experience and expectations of the people of Pakistan. Nearly two decades later, the Federal Shariat Court was established and endowed with jurisdiction to declare a law contrary to "the Injunctions of Islam" and thus void. Some laws, however, were specifically exempted from the Court's jurisdiction; falling within this category is "Muslim Personal Law." A 1981 decision of the appellate Court (the Shariat Bench of the Supreme Court) held that the provisions of the Muslim Family Laws Ordinance were included within the phrase "Muslim Personal Law," and were thus outside the jurisdiction of the Federal Shariat Court. This position was reversed by another decision of the appellate Court in 1993, and the provisions of the Ordinance were immediately challenged on the basis of their alleged divergence from the "Injunctions of Islam." This essay reviews the provisions of section 4 of the Ordinance and examines the decision of the Shariat Court as regards this particular provision.
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Dequen, Jean-Philippe. "FILIATION AND ADOPTION AMONG MUSLIMS IN INDIA: THE QUAGMIRES OF A RELIGIOUS MINORITY LAW." Journal of Law and Religion 34, no. 3 (December 2019): 336–55. http://dx.doi.org/10.1017/jlr.2019.39.
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AbstractFiliation among Muslims in India is governed by Muslim personal law, a largely uncodified corpus of key Islamic legal treatises that has subsequently been interpreted and applied through the Common Law frame of British colonial courts and the post-Independence Indian judicial system by virtue of the Muslim Personal Law (Shariat) Application Act 1937. Muslim personal law recognizes only legitimate filiation resulting from a valid or irregular marriage, barring illegitimate children from maintenance and intestate succession and prohibiting adoption. However, a number of legislative enactments have modified key aspects of the law of filiation among Muslims: shifting the presumption of legitimacy arising from a valid marriage to the time of the wedding, rather than the time of conception; invalidating the doctrine of dormant fetus; and lifting certain disabilities incurred from illegitimacy. Further, although adoption based on customary law is somewhat common in India and has been recognized by courts, its effect among Muslims has tended only to lift the bar to paternal succession and seldom creates filiation with the adoptive family. Notwithstanding, following the enactment of the Juvenile Justice (Care and Protection of Children) Act 2000 and its subsequent amendments, an optional secular legal framework for adoption is now available to Muslim prospective parents. The procedure set forth by the Act is nonetheless unwieldly and implementation faces the very practical difficulties of the state in managing and protecting the vast number of destitute and abandoned children in India, for the most part with an unknown filiation.
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Samah, Mahamatayuding, Raihanah Abdullah, and Nahid Ferdousi. "Muslim Family Law in Southern Thailand: A Historical Overview." Journal of Muslim Minority Affairs 37, no. 3 (July 3, 2017): 357–70. http://dx.doi.org/10.1080/13602004.2017.1379694.
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Habudin, Ihab. "MENIMBANG METODE TEMATIK-HOLISTIK DALAM PEMBARUAN HUKUM KELUARGA MUSLIM (Telaah Pemikiran Khoiruddin Nasution)." Al-Ahwal: Jurnal Hukum Keluarga Islam 8, no. 1 (June 14, 2015): 49. http://dx.doi.org/10.14421/ahwal.2015.08104.
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Muslim family law has evolved both in methods and legal materials. Muslim family law , which was originally contained in the books of fiqh, developed into the form of legislation. The development is accompanied by wearing various methods of Islamic family law reform. However, for some people, there has been an update that is not enough. Khoiruddin Nasution, a professor at UIN Sunan Kalijaga Yogyakarta, said that the Islamic family law needs to be used thematic - holistic methods. This article seeks to discuss the bid Khoiruddin and see its application in cases of Islamic family law.
[Hukum keluarga Muslim telah mengalami perkembangan baik secara metode maupun materi hukumnya. Hukum keluarga Muslim, yang pada awalnya terdapat dalam kitab-kitab fikih, dikembangkan ke dalam bentuk perundang-undangan. Perkembangan tersebut diiringi dengan dipakainya berbagai metode pembaruan hukum keluarga Islam. Namun, bagi sebagian kalangan, pembaruan yang telah ada belumlah cukup. Khoiruddin Nasution, seorang guru besar di UIN Sunan Kalijaga Yogyakarta, menyebutkan bahwa dalam hukum keluarga Islam perlu dipakai metode tematik-holistik. Artikel ini berusaha membahas tawaran Khoiruddin tersebut serta melihat aplikasinya dalam kasus-kasus hukum keluarga Islam.]
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Witro, Doli, Ali Hamzah, Ike Yulisa, Mhd Rasidin, Syamsarina Syamsarina, and Hainadri Hainadri. "Turkish State Family Law: History Reform, Legislation, and Legal Materials." Politica: Jurnal Hukum Tata Negara dan Politik Islam 7, no. 1 (December 30, 2020): 31–42. http://dx.doi.org/10.32505/politica.v7i1.1621.
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Historically, efforts to reform Family Law in parts of the Islamic world began to be realized in the late 19th century AD. The reality of Islamic legal reforms carried out in Islamic countries in North Africa, the Middle East, Central Asia, and Southeast Asia gave rise to unprecedented changes in the last century. These changes occur both in the justice system and in the system applied. Changes to family law were first carried out by Turkey, then followed by Lebanon in 1919, Jordan in 1951, and Syria in 1953. Muslim countries in the world, in their context with the renewal of family law, are divided into three categories. First, an Islamic state that does not carry out any renewal and still enforces family law as stipulated in the books of fiqh. Secondly, an Islamic state that has completely abandoned Islamic family law and adopted European civil law. Third, countries that are trying to enforce Islamic family law but after making reforms here and there. This paper tries to discuss one of the reforms carried out by one Muslim country, namely Turkey, which is related to the reformation (reform) of family law that starts from the history of reform, legislation, renewal, and legal material. The author chose Turkey because it is the first Muslim country to make changes to family law.
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Umar Faruq Thohir. "Pembaharuan Hukum Waris Islam di Turki." Asy-Syari’ah : Jurnal Hukum Islam 5, no. 2 (June 15, 2019): 181–201. http://dx.doi.org/10.36835/assyariah.v5i2.121.
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It is inevitable that a legal enactment, or reform of Islamic family law in various Muslim countries or countries with a majority Muslim population in the world. This is because the existing law (valid) is still not revealed or has been revealed but is considered not in accordance with the era anymore, due to the different “context” between the past and the present. As Anderson said, Islamic law in Islamic countries was not static at all. The form of renewal that is carried out differs from country to country. First, there are some countries that carry out reforms in the form of laws. Second, there are some countries that carry out reforms based on the decree of the president or king. Third, there are some countries that carry out reforms in the form of judicial provisions. The country of Turkey is the first country to carry out renewal in family law. Updates are carried out in the form of laws. For Turkish Muslims, Hanafi is a school that underlies the religious life formally until 1926, before the existence of legislation legislation that was eclectically codified. The Islamic Civil Law or what is called ¬Majallat al-Ahkâm al-liAdliyah, which most of the material is based on Hanaf madîî actually has been prepared in Turkey since 1876, although it is not comprehensive, because it does not include family law and inheritance law.
Keywords: reform of Islamic, Waris, and Turkish Muslims
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Muzainah, Gusti, and Firqah Annajiyah Mansyuroh. "Integration of Islamic Law and Banjarese Customary Law of Inheritance System Tionghoa Muslim Community in Banjarmasin, South Kalimantan." Samarah: Jurnal Hukum Keluarga dan Hukum Islam 6, no. 2 (December 31, 2022): 678. http://dx.doi.org/10.22373/sjhk.v6i2.12386.
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The Tionghoa Muslim community is part of the life of the nation and state as a whole, one of the many ethnicities that are the features of the social identity of the archipelago. The history of the development of Islam and Tionghoa in Banjarmasin has an affiliation. This study aims to determine how the distribution of Tionghoa ethnic Muslim heritage in Banjarmasin. The method used is empirical legal research/field research, and the approach used in the sociology of law approach. The results of this study indicate the existence of legal integration. The pattern of behavior in the distribution of inheritance of Tionghoa descendants who are Muslim in Banjarmasin basically contains three main divisions of inheritance, namely through traditional heir deliberation, not dividing the inheritance, and dividing through the provisions of Islamic inheritance law. The use of inheritance law for Tionghoa Muslims in Banjarmasin is not fully subject to Islamic inheritance law, even though the inheritance law that applies to them is Islamic inheritance law. This happens because of the diversity of religions that exist in a family so that they put forward the principles of harmony and kinship so that there are no disputes.
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Rinaldo, Rachel. "Obedience and Authority among Muslim Couples: Negotiating Gendered Religious Scripts in Contemporary Indonesia." Sociology of Religion 80, no. 3 (December 10, 2018): 323–49. http://dx.doi.org/10.1093/socrel/sry045.
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AbstractThis study of Muslim married couples in Indonesia shows that religiously justified scripts about wives’ obedience and husbands’ household authority are ways of accomplishing gender as well as achieving status as good Muslims. Such scripts are amplified by a context in which a version of Islamic family law that envisions women as primarily domestic and men as household authorities and breadwinners has been institutionalized. However, this vision is also being challenged by women’s increasing educational attainment as well as competing egalitarian discourses of gender in Islam. The gendered religious scripts used by Muslim couples compensate for social changes that threaten to reshape both domestic and public life. I propose that how Muslim men and women talk about their marriages and households has become a key mechanism for accomplishing modern Muslim gender identities in a context where men’s authority is at risk. These dynamics may be especially prevalent in Muslim contexts where Islamic law is becoming more institutionalized in state bureaucracies and everyday life.
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Haque, Muhammad Faizul, Sohirin Mohammad Solihin, Nadzrah Ahmad, and Mohd Shah Jani. "Women Rights to Inheritance in Muslim Family Law: An Analytical Study." International Journal of Islamic Business & Management 4, no. 1 (April 13, 2020): 15–26. http://dx.doi.org/10.46281/ijibm.v4i1.543.
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Rights of women are one of the widely discussed yet debatable issues across the Western and Muslim world. It is seen in the Muslim societies that many women are deprived in terms of inheriting property after the demise of their parents. This is largely happening due to the negligence of practicing Islamic teachings regarding inheritance at individual and family level. However, Islam has placed a dignified position for women in family and society in all sectors. Particularly the principle of inheritance of property has been clearly stated in the holy Qur’an. In this background, this paper emphasises on exploring (a) Qur’anic and Prophetic stand on women’s right to inheritance, (b) the main obstacles that impede women in getting inheritance rights in family and its remedies from the Islamic perspectives. This paper adopts an analytical approach to study this vital issue. Under this approach, the study analyses the relevant data from the two fundamental sources of Islam, Qur’an and Sunnah, along with jurisprudential views and provides solutions to solve the problems related to Muslim women’s inheritance right in family. Findings of this paper indicated that if the Muslim family practices the Islamic teachings regarding the distribution of inheritance among the heirs, it will eradicate the existing discrimination among men and women in this regard and enable women’s financial steadiness in family and society.
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Soares, Benjamin F. "The Attempt to Reform Family Law in Mali." Die Welt des Islams 49, no. 3-4 (2009): 398–428. http://dx.doi.org/10.1163/004325309x12499944891284.
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AbstractIn this paper, I am concerned with understanding the recent efforts to reform the laws governing marriage and inheritance, the code de la famille or the Family Code in Mali. Since the advent of multiparty elections in the 1990s, prominent members of the Malian government and civil servants, Malian women's rights activists, secular NGOs, and international and bilateral donors have made efforts to promote various social reforms, including the advancement of women's rights and the promotion of gender equality, particularly through changes in the Family Code. While some observers have attributed the lack of reform to the increased influence of “Islamists” and/or to religiously conservative Muslims, I draw on historical research and ethnography to propose an alternative reading of the lack of institutional law reform. As I argue, the gap between Malian civil law relating to the family and the lived experiences and social practices of many Malians, who are overwhelmingly Muslim, has become even more apparent in this era of political liberalization and promotion of global human rights discourses. This has helped to make such proposed social reforms as the promotion of women's rights and family law reform more contentious and the ultimate outcome even more uncertain.
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Chakrabarti, Anindita, K. C. Mujeebu Rahman, and Suchandra Ghosh. "Of Marriage, Divorce and Criminalisation." Journal of Legal Anthropology 6, no. 1 (June 1, 2022): 24–48. http://dx.doi.org/10.3167/jla.2022.060103.
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In India, where religion-specific laws govern issues of marriage, divorce, maintenance, adoption and inheritance, the family laws of Muslims – the largest religious minority – have been a thorny issue in the post-independence period. In recent years, the major intervention in Muslim personal law reform came in the form of the invalidation of instant divorce or triple talaq by the Supreme Court of India. Subsequently, a law was passed that criminalised it. By delving into a close examination of recent judicial activism and by drawing on our ethnographic work with Muslim women in India, we show that it is only by refocussing the debate from judicial discourse to legal practice that the trope of Muslim women’s victimhood and the tired debates about religious freedom versus citizenship rights can be questioned and bypassed.
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Sunarto, Muhammad Zainuddin, and Umi Sumbulah. "Study of Living Hadith; the Phenomenon of Different Religious Inheritance through Wasiat Wajibah." AT-TURAS: Jurnal Studi Keislaman 9, no. 2 (December 30, 2022): 242–62. http://dx.doi.org/10.33650/at-turas.v9i2.3880.
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The Compilation of Islamic Law specifies that wills are only required for adopted children and their adoptive parents. The parties involved may petition the courts, even though these regulations are less binding. This research uses the type of normative legal research because what is examined in this research is the norm contained in the hadith texts related to the inheritance law above. The case approach is used as an approach in research because the case of inheritance of different religions that are discussed in a separate case within the family sphere, where there is no legal argument or norm that can answer the case above, so the case approach. The research results show that in Article 209 of the Kompilasi Hukum Islam (KHI), describe the law of Wasiat Wajibah. It cannot, therefore, be regarded contrary to Islamic law. Because leaving a bequest to an adopted kid or adoptive parent does not conflict with the general requirements of the Qur'an and the Prophet's Sunnah. The Cassation Decision No. 368 K/Ag/1995, issued 16 July 1998, marked the beginning of the practice of non-Muslim heirs obtaining a portion of the inheritance from Muslim heirs via Wasiat Wajibahs, which created a body of law within the Religious Courts. Non-Muslims inherit the same proportion of their Muslim parents' required bequests as other Muslim heirs. This necessary will is intended to preserve the integrity of the family and accommodate the multicultural, multiethnic, and multireligious nature of Indonesian society. In addition, implementing a sense of fairness is an advantage of this decision. Giving wills to non-Muslim spouses, children, parents, and relatives has contributed to the revival of Islamic law in Indonesia, demonstrating a sense of social fairness.
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Issaka-Toure, Fulera. "Application of Muslim Family Law as a Form of Customary Law in Accra, Ghana." Islamic Africa 11, no. 2 (September 1, 2021): 232–51. http://dx.doi.org/10.1163/21540993-01102004.
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Abstract This article examines the central role of the malam (Islamic scholar) in the application of Muslim family law in a legal plural tradition in Accra, Ghana. It demonstrates that the role of the malam as a legal actor is one which is not self-ascribed, yet his deployment of such role is significant in how we understand the interaction of various bodies of laws and their hierarchies. The article shows that women form the majority of the litigants who seek to improve their wellbeing by appealing to Islamic legal norms through the malamai. It argues that, through the judicial practices of the malamai of the two dominant Islamic groups, the Tijāniyya and the Salafiyya, the manner in which the malam himself deploys his legal role reveals how his position is relevant for his predominantly female clients. In the end, this article contributes to how we understand the practice of legal pluralism through the application of Muslim family law as a form of customary law.
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Engelcke, Dörthe. "ESTABLISHING FILIATION (NASAB) AND THE PLACEMENT OF DESTITUTE CHILDREN INTO NEW FAMILIES: WHAT ROLE DOES THE STATE PLAY?" Journal of Law and Religion 34, no. 3 (December 2019): 408–32. http://dx.doi.org/10.1017/jlr.2019.45.
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AbstractThe article comparatively maps state involvement in the establishment of filiation and the placement of destitute children into new families. It first reports findings from an expert survey that investigates four key areas of state involvement—the legal framework, the role of courts and ministries, guardianship regulations, and financial support and services for destitute children—across fourteen jurisdictions, twelve Muslim-majority countries, and two Muslim-minority countries. Overall, the placement of children into new families remains a sensitive issue because it is linked to different communities “claiming” the child. In principle, the states surveyed do not allow the creation of new families across religious lines. Using Jordan as a case study, the article then focuses on the implications of one particular survey finding: non-Muslims in Muslim-majority countries sometimes cannot have children placed into their homes. This finding is based on qualitative data collected in Jordan on adoption (tabannī) in the Greek Catholic community. The article argues that in settings of legal pluralism, state involvement affects different religious communities in different ways. In Jordan, due to structural factors, the state shapes Islamic family law differently than the family laws applied by Christian communities. This leads to the unequal development of different bodies of religious law and thereby to the unequal treatment of Muslim and Christian citizens.
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Chotalia, Shirish P. "Arbitration Using Sharia Law in Canada: A Constitutional and Human Rights Perspective." Constitutional Forum / Forum constitutionnel 15, no. 1, 2 & 3 (July 24, 2011): 2006. http://dx.doi.org/10.21991/c9ww9d.
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Recently, Canadian media reports warned that the Government of Ontario was considering the implementation of Sharia law as a judicial equivalent to Ontario law.1 Such reports were not accurate. Rather, the issue was whether arbitration by Islamic tribunals using Muslim law, which is often called Sharia law by non- Muslims, ought to be allowed under the auspices of general arbitration statutes.2 A cross-section of Muslim Canadians actively mobilized to oppose such a possibility through coalition- building and letter-writing campaigns.3 In June 2004, Marion Boyd was commissioned by the province to examine the issues surrounding the use of private arbitration to resolve family and inheritance cases, and the impact of the same on vulnerable people. The Boyd Report, tabled in December 2004, recommended that religious institutions be allowed to arbitrate such disputes on the basis of religious law, provided that a list of forty-six safeguards were adhered to.4 After the Boyd Report, some religious groups argued in favour of religious adjudications.5 Much public debate ensued, leading to a vociferous statement by Premier Dalton McGuinty, who vocally rejected religious adjudication.6 Further, the Government of Ontario outlined that it “will ensure that the law of the land in Ontario is not compromised, that there will be no binding family arbitration in Ontario that uses a set of rules or laws that discriminate against women.”7 The province amended its Arbitration Act8 and Family Law Act9 to provide that family arbitrations were conducted “in accordance with Ontario law or the law of another Canadian jurisdiction.”
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Sezgin, Yüksel. "Muslim Family Laws in Israel and Greece: Can Non-Muslim Courts Bring about Legal Change in Shari‘a?" Islamic Law and Society 25, no. 3 (May 15, 2018): 235–73. http://dx.doi.org/10.1163/15685195-00253p03.
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Should a democratic regime formally incorporate religious laws and courts into its otherwise secular legal system? This is not a hypothetical question. Some democratic nations already formally integrate religion-based laws in the field of family law (especially Muslim Family Law – MFL). Although state-enforced MFLs often affect human rights negatively, many governments, especially non-Muslim majority ones, have refrained from direct legislative interventions into substantive MFLs. Instead they have empowered civil courts to play the role of “reformer.” But how successful have civil judiciaries in non-Muslim regimes been in “reforming” Muslim laws? On the basis of an analysis of the MFL jurisprudence of Israeli and Greek civil courts over the last three decades, I argue that civil courts could not have brought about any direct changes in Muslim law, however, they have had an indirect effect by pressuring religious courts/authorities to undertake self-reform.
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Aly Wahb, Yousef. "Competing Authorities." American Journal of Islam and Society 39, no. 3-4 (February 16, 2023): 87–111. http://dx.doi.org/10.35632/ajis.v39i3-4.2993.
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North American Muslims seeking to resolve their private disputes confront multifaceted access to justice issues. Since Islamic marriage and divorce laws do not always align with North American family legislative schemes, Muslims are burdened with trying to simultaneously meet their obligations toward both legal systems. Unlike secular law, Islamic divorce proceedings require either the husband’s eventual consent or the availability of a Muslim judge. They also prescribe substantive obligations and rights for divorcees that are comparable to corollary relief provided by family law statutes. The absence of religious quasi-judicial dispute resolutions poses barriers to Muslims obtaining a religious divorce or annulment, and to acquiring subsequent relief, such as financial settlements and custody, in accordance with their religious beliefs. To respond to these overlapping barriers, this paper analyzes forms of Islamic legal authority to grant religious divorce or annulment, and to mediate or arbitrate corollary relief using religious law. The paper concludes with recommendations for a holistic framework to settle family disputes in compliance with Islamic law and in a legally enforceable manner.
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Booley, Ashraf. "Progressive Realisation of Muslim Family Law: The Case of Tunisia." Potchefstroom Electronic Law Journal 22 (October 24, 2019): 1–28. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a2029.
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From the time when women's rights were not placed high on the agenda of any state to the time when women's rights are given top priority, Tunisia's gender-friendly legislation requires a fresher look. One would be forgiven for thinking that Tunisia's reforms started after they gained independence from France in the 1950's. In fact, it was during the French Protectorate that reformers started rumours of reform, arguing amongst other issues for affording women more rights than those they were granted under sharia law, which governed family law in Tunisia. After gaining its independence, Tunisia promulgated the Code of Personal Status, which was considered a radical departure from the sharia. It is considered to be the first women-friendly legislation promulgated in the country. It could be argued that Tunisian family law underwent, four waves of reform. The first wave started during the French Protectorate. The second wave started in the 1950's with the codification of Tunisia's family law, which introduced women-friendly legislation. The third wave started in the 1990's with changes to the Code of Personal Status, and the latest wave commenced in 2010. In this article, I analyse the initial, pioneering phases of the reforms resulting from the actions of a newly formed national state interested in building a free society at the end of colonial rule, as well as reforms that have taken place in the modern state since the Arab uprising in Tunisia. As a result of the various waves of reforms, I argue that Tunisia should be seen as the vanguard of women-friendly legislation in the Arab world.
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Skanthakumar, Balasingham. "“The Duty to Protect”: Muslim Family Law in Sri Lanka." Yearbook of Islamic and Middle Eastern Law Online 10, no. 1 (2003): 125–57. http://dx.doi.org/10.1163/22112987-91000051.
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Wulandari, Wahyuni Retno. "Egalitarianism: Consciousness-Raising In Women’s Position In The Islamic Family." SASI 28, no. 3 (October 13, 2022): 447. http://dx.doi.org/10.47268/sasi.v28i3.1021.
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Introduction: The Muslim community in the world, including in Indonesia, perceives Islamic family law as very patriarchal. This is because in the discussion related to Islamic family law, it only refers to Al QS. AN-Nisa [4]: 34,which translates women's subordination from men..Purposes of the Research: The purpose of writing this article is to describe a different side of Islamic family law which is always narrated by gender bias by the community, including the Muslim community itself, both in interpretation and even in its implementation carried out in a patriarchal manner. In fact, Al QS. Al-Hujuraat [49]: 13 implies that the rights and obligations of women and men on this earth are purely egalitarian.Methods of the Research: Normative research with the consciousness raising method is in the form of a communication approach related to the position of women in Muslim families, with a communication approach in Muslim communities related to critical awareness to add knowledge of actualization of Muslim communities in Islamic family law which actually does not burden women.Results of the Research: That the excess of men over women must be interpreted as that men are responsible for the maintenance and/or regulation of household affairs, not as rulers, supervisors or superiors of women. So it can be concluded that the concept of a man being the head of the family and a woman being a housewife as conceptualized by Article 31 of the Marriage Law and Article 79 of the KHI is no longer relevant at this time considering that based on the experience of women themselves and data showing an increase in the number of women family heads and women filing for divorce from year to year. As well as the fact that the wife helps her husband to prosper the family and even has to double burden because of it, must also be aware of his independence and not feel isolated because there are economic rights that they must obtain according to the efforts they have done as QS anNisa: 32.
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Parveen, Rehana. "Religious-Only Marriages in the UK." Sociology of Islam 6, no. 3 (September 25, 2018): 316–37. http://dx.doi.org/10.1163/22131418-00603004.
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Non-state-registered Muslim marriages are often considered as a poor alternative to civil marriage, accepted by vulnerable or ill-informed Muslim women. Problematizing such marriages is based on the assumption that entering into a civil marriage (in addition to or as an alternative to the Muslim marriage) is beneficial forallMuslim women. Listening to the narratives of the women concerned reveals a wide range of opinions, including those that prefer to enter into religious-only marriages. Solutions to the problems presented by unregistered religious-only marriages have thus far been proposed in a manner that reflects a discourse that considers unregistered marriages as somehow conceptually problematic. However, in so far as English law is concerned, the legal position of Muslims who enter into non-state-registered marriages is no different from that of cohabitees, who live together without the ‘protection’ of a civil marriage. Therefore, it may be worth considering whether the issue at stake is reconsidering family law and laws concerning cohabitation, rather than a separate set of rules and regulations for Muslims.
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Dorloh, Sulaiman, and Ahmad Baha Hj Mokhtar. "Right of Muslim Women in Thailand under the Muslim Family Law of Inheritance Code, 1941." Jurnal Fiqh 12, no. 1 (December 30, 2015): 95–112. http://dx.doi.org/10.22452/fiqh.vol12no1.5.
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Roslaili, Yuni, and Safira Mustaqila. "MUT'AH IN MODERN MUSLIM FAMILY LAW ( Study of Legislation in Syria, Egypt and Indonesia )." Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial 12, no. 2 (December 8, 2022): 154. http://dx.doi.org/10.22373/dusturiyah.v12i2.12347.
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The reality showed that there are still many injustices against women that can occur anywhere, including in the domestic sector, as well as in Muslim countries. Therefore reform of Muslim family law is seen as necessary because it plays an important role in the protection of women and children and the fulfillment of their rights. Mut’ah is a gift from a husband to his ex- wife after a divorce, including one of the areas reformed in a number of Muslim countries, including in Syria, Egypt and Indonesia. Mut’ah is a gift from a husband to his ex- wife after a divorce is one of the areas reformed in a number of Muslim countries including in Syria, Egypt and Indonesia. The results of the study found that there had been reform of Muslim family law regarding mut’ah in the three countries studied, namely Syria, Egypt and Indonesia. if in traditional literature( fiqh) the right of mut’ah is only obligatory to be given to a divorced wife before had sex and with a dowry that has not been given, but in the three countries studied regardless of whether the wife was divorced before had sex or after had sex and whether the dowry has been determined or not. In addition, in modern Muslim family law there are provisions for the maximum limit of mutah that a husband must give to his wife, such as the standard of living for three years in Syria and two years in Egypt while in fiqh it is determined that the maximum size of mut’ah is not to exceed half the mistsil dowry or the price of a slave.
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Saepullah, Usep. "The Inter-Religious Marriage in Islamic and Indonesian Law Perspective." Jurnal Ilmiah Peuradeun 7, no. 1 (January 30, 2019): 43. http://dx.doi.org/10.26811/peuradeun.v7i1.317.
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The phenomenon of inter-religious marriage is problematic, controversial, and resulted debate among Muslim and non-Muslim relationship in Indonesia. It also not only becomes the social conflict among Muslim and non-Muslim couples, but also pro and contra among the others such as family and society. In the classical Islamic marriage law discourse (fiqh al-munakahat), there are two kinds of inter-religious marriage, namely marriage between Muslim men with non-Muslim women and marriage between non-Muslim men with Muslim women. Some Muslim scholars said that Muslim men allowed marrying non-Muslim women and non-Muslim men prohibited marrying Muslim women, which the reason is based on the concept of polytheists and the group of experts (Kitabiyyah). In contrast, some Muslim scholars in Indonesia rejected inter-religious marriage based on the reason that it has been changed and regulated under Marriage Law Number 1 of 1974 and President Regulation Number 1 of 1991 on Islamic Law Compilation. One the one hand, the phenomenon of inter-religious marriage is an interesting phenomenon in the society and on the other hand it will become the legal implication to the inheritance and children care rights in Islamic and Indonesian law perspective. Therefore, the aim of this paper is to examine comprehensively about the legal status of inter-religious marriage in Islamic and Indonesian law perspective, including its legal implication to the inheritance and children care rights.
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Hakim, Abdul. "Annulment of Marriage and Khuluk in Family Law in Muslim Countries: A Comparative Study of Family Law in Syria, Sudan, Turkey and Indonesia." Al Hurriyah : Jurnal Hukum Islam 7, no. 2 (December 31, 2022): 192. http://dx.doi.org/10.30983/alhurriyah.v7i2.5561.
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<span lang="EN-US">This research discusses the renewal of family law which regulates marriage, child-rearing, inheritance, and so on in several Muslim countries. In line with the times, countries, where the majority of the population is Muslim, have begun to reform their respective country's legal systems, both criminal law, and civil law. The research in this article aims to determine the comparison of one country to another according to the level of secular, liberal, or viewed from another side in efforts to reform family law. The research in this article is qualitative research using the literature study method. The research in this article uses a comparative and historical approach. Sources of data in this study are legal products of Islamic countries, scientific journals, and other supporting documents. The research in this article finds that Syria and Sudan are examples of Islamic countries that still maintain Islamic law and its values </span><span lang="EN-US">in their laws and regulations. Meanwhile, Turkey has gone far beyond Islamic law and adopted Western legal standards. Indonesia did not adopt Islamic law as a whole and also did not adopt Western law as a whole.</span>
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Syarif, Nurrohman. "The Discourse and Practice of Islamic Family Law in Indonesia." Psychology and Education Journal 58, no. 1 (January 20, 2021): 5201–12. http://dx.doi.org/10.17762/pae.v58i1.1774.
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Family law is the most powerful law practiced in Islamic history, but this does not mean that it avoids the demands of changing times. Today, there are no less than thirteen problems related to family law that have arisen in the Muslim world. This problem arises not only because of demands for changing times, but also because of efforts to unify, codify and legislate Islamic law in a number of Muslim countries. This problem requires not only solutions but also reforms. This study aims to examine the model of understanding, practicing, reforming and transforming Islamic law in Indonesia and its impact on the position of standard classical fiqh books and the independence of judges in the Religious Courts. This research is a non-doctrinal normative qualitative research type. This study found a variety of models in the exploration, practice and reform of family law in Indonesia. The impact of the reform and transformation of family law in Indonesia is that classical fiqh books are no longer used as the main reference and the Religious Court System is closer to the civil law system. However, the reform and transformation of family law in Indonesia did not reduce the independence of religious judges in exploring and discovering more contextual Islamic law.
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Makhmudova Nigora Baratovna. "The problem of the legal status of the muslim women in turkestan in the material of the reports of senatorial auditing of k.k. palen in 1908-1909." International Journal on Integrated Education 3, no. 10 (October 20, 2020): 235–38. http://dx.doi.org/10.31149/ijie.v3i10.744.
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The article discusses the role and place of a Muslim woman in Turkestan based on the audit of Senator K.K.Palen, conducted in 1908-1909. She studied and did not collect the Muslim congress to discuss the code of Muslim laws, namely: representatives of the local Muslim clergy, theologians and jurists.
The article discusses the relationship to the family, to the woman and a comparison of the Muslim and European family from the point of view of the European KK Palen and other representatives of the European intelligentsia. It is noted that Senator KK.Palen was the first Tsarist official who decided to hold a Muslim congress and as a result prepared a special report entitled “Sharia articles translated into Russian about the legal relations of the Muslim population of the Turkestan Territory, extracted from the indigenous, Arabic presentation, on issues proposed by Senator Count KK.Palen to discuss the commission of scientists natives convened from three regions of the region in Tashkent”. Based on the results of the KK.Palen audit reports, an analysis of Islamic law - Sharia and Adat (rules of nomadic population) was carried out. Considered the rights of Muslim women under Muslim law - Sharia.