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Artículos de revistas sobre el tema "Civi law (Islamic law)"

Autor: Grafiati

Publicado: 26 de julio de 2024

Última modificación: 31 de julio de 2025

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1

Habiburrahman Rizapoor. "Fundamentals of Contract Law in Islamic Law and Afghanistan Civil Law." Journal of Islamic Law and Legal Studies 1, no. 1 (2024): 27–36. http://dx.doi.org/10.70063/sharialex.v1i1.4.

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This research aims to discuss Sharia contracts, their definitions, types, permitted agreements, prohibited agreements, and other topics related to the research. This research used textual and analytical research. The findings of the resarch that contracts are very important in Islamic law and because of that Islamic scholars in the past and now wrote independent books on the subject and some of them wrote a specific chapter in their books on agreements and contracts based on Islamic law. This research also found that the main objective of Islamic law in regulating agreements and contracts is t

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Anggi Wicaksono and Zainal Arifin Hosein. "Comparison of Inheritance Law in Islamic Law and Civil Law." Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora 2, no. 4 (2024): 165–79. https://doi.org/10.59059/mandub.v2i4.1754.

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This study aims to analyze the comparative law on inheritance in the Islamic legal system, civil law, and its impact on Indonesian implementations. The research method used is normative juridical with a statute approach and a conceptual approach, which focuses on analyzing applicable legal documents and norms. This study discusses the characteristics of each legal system, including differences in the distribution of inheritance, the obligations of heirs to the debts of the testator, and the inheritance mechanism regulated in the Civil Code (KUHPerdata) and Islamic inheritance law. Furthermore,

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3

Kahar Muzakir. "Inheritance Law in The Perspective of Customary Law, Civil Law And Islamic Law." Indonesian Journal of Society Development 1, no. 2 (2022): 119–24. http://dx.doi.org/10.55927/ijsd.v1i2.2295.

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In order to understand the rules and intricacies of inheritance law, it is almost unavoidable to first understand some terms that are commonly encountered and known. However, there are three inheritance laws that apply in Indonesia, namely customary inheritance law, civil inheritance law, and Islamic inheritance law. Customary inheritance law is the legal rules that regulate the transmission and transition from century to century both tangible and intangible assets from generation to generation. A person becomes an heir according to civil inheritance law due to marriage and blood relations, wh

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4

Muzakir, Kahar. "INHERITANCE LAW IN THE PERSPECTIVE OF CUSTOMARY LAW, CIVIL LAW, AND ISLAMIC LAW." JURNAL RUANG HUKUM 2, no. 1 (2023): 15–18. http://dx.doi.org/10.58222/juruh.v2i1.219.

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In order to understand the rules and intricacies of inheritance law, it is almost unavoidable to first understand some terms that are commonly encountered and known. However, there are three inheritance laws that apply in Indonesia, namely customary inheritance law, civil inheritance law, and Islamic inheritance law. Customary inheritance law is the legal rules that regulate the transmission and transition from century to century both tangible and intangible assets from generation to generation. A person becomes an heir according to civil inheritance law due to marriage and blood relations, wh

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5

Alarefi, Abdullah Saad. "Overview of Islamic Law." International Criminal Law Review 9, no. 4 (2009): 707–31. http://dx.doi.org/10.1163/156753609x12487030862782.

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AbstractIslamic law is known as the Shari'ah, which means the path to follow God's law. The Shari'ah controls, rules and regulates all public and private behaviour. Shari'ah law does not exclude any knowledge from other sources and is viewed by the Muslim world as a vehicle to solve all problems – civil, criminal and international. The article offers a brief insight into Islamic law and provides a full understanding of the nature of Islamic law and its jurisprudential and legal concepts.

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Dungga, Weny Almoravid, and Awad Al-Khalaf. "Integration Of Labor Law In Islamic Law And Civil Law Citizenship (Harmonization Of Principles And Their Implementation In Contemporary Society)." Jurnal Pamator : Jurnal Ilmiah Universitas Trunojoyo 15, no. 2 (2022): 289–304. http://dx.doi.org/10.21107/pamator.v15i2.19812.

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Integrating labor law into Islamic and civil law is a process to harmonize principles and implementation in contemporary society. Does this study aim to answer (1) How can labor law principles in Islamic law be integrated with civil law for citizenship to create harmonization in its implementation? Moreover, (2) What challenges and obstacles are faced in integrating Labor Law into Islamic Law and Citizenship Civil Law in contemporary society? This study's research type is the normative juridical method, whose other name is doctrinal legal research, also known as library research or document st

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7

Hosseini, Latifeh. "Analysis of Civil Protection in Islamic Humanitarian Law." International Academic Journal of Humanities 05, no. 01 (2018): 124–31. http://dx.doi.org/10.9756/iajh/v5i1/1810013.

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8

FURKANİ, Mehterhan. "The Effect of Ottoman Law on The Afghan Law: In the Example of Panel and Civil Law." Eskiyeni, no. 47 (September 20, 2022): 743–63. http://dx.doi.org/10.37697/eskiyeni.1050804.

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While the Prophet was alive, the Companions had consulted to him personally for the solution of every religious matter and to the Qur'an and Sunnah after his death. On the issues that they could not find information in the two sources mentioned, they have made judgments by making ijtihad. Those who were not at the level to make ijtihad obtained information by consulting to people who were experts in religious matters. The Muslims who came after them continued to follow the same path. Later on, fatwa books were prepared and these works began to be used in the field of qada as well as fatwa. Alt

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9

Saenah, Siti. "TYPES OF EVIDENCE: A COMPARATIVE STUDY BETWEEN ISLAMIC LAW AND CIVIL PROCEDURE LAW." JURISTA: Jurnal Hukum dan Keadilan 4, no. 1 (2020): 70–93. http://dx.doi.org/10.22373/jurista.v4i1.21.

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The writing of this article is to find answers to the main problems, namely how are the types of evidence in Islamic law and civil procedural law and how are the similarities and differences in evidence between Islamic law and civil procedural law. The results of the study, in Islamic law the types of evidence agreed upon by scholars are seven kinds, namely: confession, testimony, oath, nukul, qarinah, qasamah, and recognition of the judge. While in civil procedural law consists of five types, namely: written evidence, witnesses, confessions, suspicion, and oaths. This is because in Islamic la

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10

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

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

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11

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

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

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12

Khalfi, Amine El, Ong Argo Victoria, and Fareha Binti Moh. Zukri. "COMPARATIVE LAW OF ISLAMIC INHERITANCE AND CIVIL LAW INHERITANCE (WEST)." Sultan Agung Notary Law Review 1, no. 2 (2020): 109. http://dx.doi.org/10.30659/sanlar.1.2.109-120.

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Talking inheritance law can not be separated from some of the elements that are bound. The elements are as follows: 1) The Heir, heir is the person who died or people who give so-called legacy heir. Usually heir bestows both wealth and debt obligations or to other persons or heirs. 2) The heirs, heirs are those who inherit referred to as heir was given the legal right to receive the assets and liabilities or debts left by the testator. 3) Treasure heritage, heritage is everything that is given to the heir to the testator possessed, whether it be right or property such as houses, cars, and gold

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13

Izat, Akrimatul. "Contractual Marriage (Nikah Mut’ah): Comparing Islamic Law and Civil Law." Law Research Review Quarterly 8, no. 3 (2022): 353–70. http://dx.doi.org/10.15294/lrrq.v8i1.48203.

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A marriage contract is a temporary marriage in accordance with an agreed contract between the bride and groom and will end by itself if the contract is exhausted. Indonesia as a country that upholds religious values and norms of society is certainly very critical in determining the validity of a marriage. Marriage of contracts in Indonesia is difficult to record. Because the marriage of the contract is carried out in addition to not being recorded by formal judicial is not regulated in any regulation so it can be said that the marriage contract in Indonesia is not recognized and does not apply

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14

Mahfuh, Siti Khadijah Binte. "Contradictions Of Civil Law With Islamic Law And Its Implication On A Muslim’s Responsibility." Audito Comparative Law Journal (ACLJ) 3, no. 2 (2022): 44–50. http://dx.doi.org/10.22219/aclj.v3i2.22799.

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This paper aims to understand the implications of civil law on a Muslim’s responsibility resulting from contradictions between civil law and Islamic law. The research uses the qualitative method. This paper looks at general laws that allow Muslims not to practice Islamic law. The study shows that law acts contradict Islamic practice. Thus, every Muslim should not disregard his responsibilities to fulfill worldly desires.

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15

Farid, Muhammad, Ahmad Khisni, and Munsharif Abdul Chalim. "Position of Adopted Children in Leaving Appointment Parent's Assets According To Islamic Law, Civil Law & Custom Law." Sultan Agung Notary Law Review 3, no. 3 (2021): 944. http://dx.doi.org/10.30659/sanlar.3.3.944-962.

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In Islam, adoption is known as tabann, Wahbah al-Zuhaily gives the understanding that adoption (tabann) is the taking of a child by someone to a child whose lineage is clear and then the child is assigned to him. One of the supporting factors for the realization of a household in accordance with this Islamic concept is property which is Zinatu al-Hayat, both movable and immovable property, even including securities and intellectual rights Inheritance rights that apply to adopted children to property adoptive parents in Islamic law, civil law, and customary law. Method This approach uses a seco

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16

Saad Saleh Al-Gharafi, Abdul-Ghani Abdul-Raqeeb. "Underage marriage in Islamic law and Yemeni law." Yemen University Journal 8, no. 8 (2023): 1–38. http://dx.doi.org/10.57117/j.v8i8.32022.

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This research aims to explain the marriage of minors and to know the point of view of Islamic law and Yemeni law on this marriage, as well as to know its causes and effects. This objective was achieved through an introduction, four chapters and a conclusion. The introduction included the importance of the research, the reasons for its selection, its problem, objectives, methodology, questions, hypotheses, previous studies and research, and its divisions. The first topic included: the nature of marriage, its legitimacy and its pillars in Islamic law.. The second topic contained: the concept of

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17

Fierro, Maribel. "Spanish Scholarship on Islamic Law." Islamic Law and Society 2, no. 1 (1995): 43–70. http://dx.doi.org/10.1163/1568519952599448.

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AbstractThis essay begins by situating Spanish scholarship on Islamic law in the wider context of Arabic and Islamic studies in Spain, stressing two salient characteristics of the latter: its concentration on Andalusī subjects and its relative isolation from the rest of Western scholarship. I then review the production of Spanish scholarship in the field of Islamic law, focusing on three historical periods: the first steps in the nineteenth century (Gayangos, Ribera and his pupils); the period of the Spanish Civil War (1936-1939) when the work of López Ortiz, Morata, and Vila was cut short jus

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18

Rohe, Mathias. "Islamic Law in German Courts." Hawwa 1, no. 1 (2003): 46–59. http://dx.doi.org/10.1163/15692078-00101001.

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The application of Islamic law in a Western country—enforced by Western courts—may cause considerable irritation among many citizens in our countries. There are well-known issues of tension between traditional Islamic rules, especially those relating to Family law, and Western legal convictions. Nevertheless, Islamic law is indeed generally applicable in Germany on two levels. The rules of German Private International Law may lead to such a result; furthermore, an area of—indirect—application opens up within the framework of the so-called “optional” civil law. The task of German courts in such

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19

Shaham, Ron. "Islamic Law and Civil Code: the Law of Property in Egypt." Islamic Law and Society 18, no. 2 (2011): 288–91. http://dx.doi.org/10.1163/156851911x571028.

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20

Ghazzal, Zouhair. "Islamic Law in Contemporary Scholarship." Middle East Studies Association Bulletin 34, no. 2 (2000): 193–96. http://dx.doi.org/10.1017/s0026318400040426.

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Despite the importance of law in societal formations, and what looks like a revival in the field of legal studies, Islamic law is still by and large accessible to only a small group of specialists, and thus cannot claim a large audience even within Islamic and Middle (Near) Eastern studies, not to mention the much broader European and American legal scholarship. There are various reasons for such isolation, which are too complex to enumerate in a summary fashion, but which mostly involve the way the scholarship has evolved in the last few decades in Islamic societies, Europe, and North America

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21

Aulia, Farihan, and Sholahuddin Al-Fatih. "PERBANDINGAN SISTEM HUKUM COMMON LAW, CIVIL LAW DAN ISLAMIC LAW DALAM PERSPEKTIF SEJARAH DAN KARAKTERISTIK BERPIKIR." Jurnal Ilmiah Hukum LEGALITY 25, no. 1 (2018): 98. http://dx.doi.org/10.22219/jihl.v25i1.5993.

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The legal system or commonly referred to as the legal tradition, has a wealth of scientific treasures that can be examined in more depth through a holistic and comprehensive comparative process. Exactly, the comparison of the legal system must accommodate at least three legal systems that are widely used by countries in the world today. The three legal systems are the Continental European legal system, Anglo American and Islamic Law. The comparative study of the three types of legal systems found that the history of the Continental European legal system is divided into 6 phases, while Anglo Am

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22

Ayad, Mary B. "Harmonization of Custom, General Principles of Law, and Islamic Law in Oil Concessions." Journal of International Arbitration 29, Issue 5 (2012): 477–518. http://dx.doi.org/10.54648/joia2012032.

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What is proposed herein is that common legal principles found in civil, common and Islamic law, which form part or all of the legal systems in the Middle East and North Africa (MENA), can be distilled to create a new harmonized International Commercial Arbitration Law Code (HICALC) for adoption in the MENA. This Code also addresses many of the doctrinal issues that arise in international investment arbitrations. To this end, the author proposes that custom, as expressed in the lex mercatoria, as well as other general principles of law, can be harmonized with Islamic law principles .The majorit

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23

FURKANİ, Mehterhan. "The Effect of Ottoman Law on the Afghan Law: In the Example of Panel and Civil Law." Eskiyeni 21, no. 47 (2022): 743–63. https://doi.org/10.37697/eskiyeni.1050804.

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While the Prophet was alive, the companions had consulted to him personally for the solution of every religious matter and to the Qur'an and Sunnah after his death. On the issues that they could not find information in the two sources mentioned, they have made judgments by making ijtihad. Those who were not at the level to make ijtihad obtained information by consulting people who were experts in religious matters. The Muslims who came after them continued to follow the same path. Later, fatwa books were prepared, and these works began to be used in the field of qada as well as fatwa. Alth

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24

Karman, Karman. "Understanding Civil Law in The Context of Contemporary Islam in Indonesia." Al-Mada: Jurnal Agama, Sosial, dan Budaya 4, no. 2 (2021): 388–03. http://dx.doi.org/10.31538/almada.v4i2.1700.

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This article aims to better understand civil law in the context of modern Islam in Indonesia by reviewing several publications that address civil law in the context of Islam from an Islamic standpoint. This article was conducted using a qualitative method. Then, utilizing coding and assessment methods, we examined the data to understand the primary issue fully. Because the research was performed during a pandemic, government restrictions limited public mobility; we relied on secondary data. Finding civil law in an Islamic context, marriage law in an Islamic context that emphasizes an Islamic v

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Jamillah, Jamillah. "Legal Analysis Of Successor Heirs In Positive Law And Islamic Law." International Asia Of Law and Money Laundering (IAML) 2, no. 4 (2023): 169–74. http://dx.doi.org/10.59712/iaml.v2i4.74.

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This study is intended to find out more in the provisions in the compilation of Islamic law and Civil Law, on the status successor heirs. Because there is a slight difference, if in BW replacement is no limit, then in KHI explained that this replacement only comes to grandchildren course, therefore there is a contradiction between the provisions of the expert successor inheritance in the compilation of Islamic law with Civil Law (BW). The study was conducted qualitatively using the juridical-normative approach. Approach normative done by researching library materials includes research on the p

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Arifin, Zarul. "Performance Of Islamic Law In Indonesia In The Fields Of Civil, Private Law, Public Law And Ethics." Syariah: Jurnal Hukum dan Pemikiran 21, no. 1 (2021): 45. http://dx.doi.org/10.18592/sjhp.v1i1.4161.

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Abstrak.Wacana tentang hubungan Islam dan negara masih menjadi pembahasan yang menarik. Masalahnya, Indonesia negara yang mayoritas warganya beragama Islam tidak menjadikan hukum Islam sebagai dasar konstitusinya, namun Indonesia juga bukan negara sekuler. Indonesia dapat dikatakan sebagai negara yang moderat, dimana hukum ketatanegaraan tidak bertentangan dengan hukum Islam Hukum Islam di tengah masyarakat Indonesia mempunyai kedudukan yang lebih penting dari pada dua ciri hukum lainnya yaitu hukum positif dan hukum hukum, tetapi tentunya tidak secara normatif atau ideologis. rasa ordogmatis,

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Daud, Sulhi M., Hasbi Umar, and Robiatul Adawiyah. "Dampak Globalisasi terhadap Penerapan Hukum Perdata Islam di Indonesia." Jurnal Ilmiah Universitas Batanghari Jambi 25, no. 1 (2025): 521. https://doi.org/10.33087/jiubj.v25i1.5989.

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The aim of this research is to determine the influence of globalization on the application of Islamic civil law in Indonesia. The approach used is descriptive-analytical qualitative to explore the relationship between globalization and Islamic civil law. The research results found that adaptation of Islamic civil law requires public education strategies, use of information technology, women's empowerment, as well as collaboration between Islamic law and positive law.

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Baihaki, Baihaki, and Gusliana Gusliana. "Comparison of the Legal Position of Substitute Heirs Based on Islamic Inheritance Law and Inheritance Law According to the Civil Code." AURELIA: Jurnal Penelitian dan Pengabdian Masyarakat Indonesia 3, no. 1 (2024): 565–74. http://dx.doi.org/10.57235/aurelia.v3i1.1681.

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The purpose of this research is to discuss the comparison of the legal position of substitute heirs based on Islamic inheritance law with the inheritance law according to the Civil Code. The research results show that Islamic Inheritance Law is a law that regulates the transfer of inherited property from heirs to heirs, called inheritance law, which in Islamic law is known by several terms such as: faraidl, Fiqh Mawaris, and others. Inheritance law in the Civil Code is defined in the Civil Code's inheritance law in the Civil Code and is not explicitly stated, but legal experts provide or state

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Layish, Aharon. "Islamic Law in the Modern World." Islamic Law and Society 21, no. 3 (2014): 276–307. http://dx.doi.org/10.1163/15685195-00213p04.

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The essay provides a general account of some of the main changes that Islamic law has undergone since the late 19th century: the transformation of Islamic law from a jurists’ law to a statutory law; the displacement of the ʿulamāʾ as the exclusive interpreters of Islamic law; and the secularization and nationalization of Islamic law through the judicial practice of the Constitutional Court and civil courts in Egypt. Other issues include the impact of the West on Islamic law; the reduction of Islamic law in Turkey to the sta-tus of custom; the collapse of traditional family law and the waqf ins

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Ika, Nurul Annisa, Zakariah M., and Mansur Rahmat. "Pernikahan di Bawah Umur dalam Prespektif Hukum Islam dan Hukum Perdata di Indonesia (Studi Kasus Desa Pakue Kecematan Pakue Utara Kabupaten Kolaka Utara Sulawesi Tenggara)." Jurnal Syariah Hukum Islam 2, no. 2 (2020): 62–81. https://doi.org/10.5281/zenodo.4393414.

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<strong>ABSTRACT</strong>             The purpose of this thesis is to describe underage marriage from the perspective of Islamic law and civil law in Indonesia. Case study in Pakue Village, Pakue Utara District. As for the background of this writing, the marriage that took place in Pakue village allegedly occurred because of pregnancy outside of marriage and the parents who arranged for their children to marry. There are different views between Islamic law and civil law in Indonesia, especially in Law No.1 of 1974.    &nbsp

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Aladdin, Agil, and Akhmad Khisni. "Comparison Between The Position Of Adopted Children In Islamic Law Inheritance Based On Islamic Law Compilation (KHI) With The Book Of Civil Law." Jurnal Akta 6, no. 3 (2019): 531. http://dx.doi.org/10.30659/akta.v6i3.5097.

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This research aims to knowing position adopted child in Islamic Law Compilation with the Book of Civil Law; and Similarities and Differences position adopted children in inheritance of Islamic Law Compilation with the Book of Civil Law; This research method using normative juridical research with comparative approach (comparative). The results were obtained conclusions from Islamic Law Compilation in terms of inheritance, uninterrupted lineage adopted children with biological parents, who turned just the responsibility of the biological parents to the adoptive parents. The adopted child does n

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Wilda Permatasari, Gibtha, Yuliati Yuliati, and Herman Suryokumoro. "Position Replacement By Inheritee Who Refuses A Heritage According To Heir Civil Law Dan Islamic Heir Law." Unram Law Review 2, no. 2 (2018): 153–65. http://dx.doi.org/10.29303/ulrev.v2i2.47.

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This research journal discusses legal issues relating to the substitution of places made by the heirs who previously rejected the inheritance which falls to him by comparison of the perspectives of civil inheritance law and Islamic inheritance law. Pursuant to Article 848 and Article 1060 of the Civil Code on the replacement of the place by the heirs who reject the inheritance and the notary's role as a general official in providing legal certainty to prevent the issue of inheritance according to the law of civil inheritance and the Islamic inheritance law. The purpose of this research is to k

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Ismanto, Ismanto, and Suparman Suparman. "Sejarah Peradilan Islam di Nusantara Masa Kesultanan-Kesultanan Islam Pra-Kolonial." Historia Madania: Jurnal Ilmu Sejarah 3, no. 2 (2020): 67–88. http://dx.doi.org/10.15575/hm.v3i2.9169.

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What about the development of Islamic criminal law in Nusantara? This question should have been raised for the position of Islamic civil law is widely related to positive law, both as an influencing element or as a modification of religious norms formulated in civil law, even stated in the substantial legal scope of Law No.7 1989 dealing with religious justice. While Islamic law in the field of criminal justice - to mention another term of the Islamic criminal law - has not attracted much attention like the field of Islamic civil law. Apart from that, the available academic studies are often p

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Wahidah, Zumrotul. "BERAKHIRNYA PERJANJIAN PERSPEKTIF HUKUM ISLAM DAN HUKUM PERDATA." Tahkim (Jurnal Peradaban dan Hukum Islam) 3, no. 2 (2020): 21–37. http://dx.doi.org/10.29313/tahkim.v3i2.6435.

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ABSTRACTAgreement is a law relationship which one binds one or more people that cause law consequence. The agreement would be carried out in accordance and it is appropriate by contract that was agreed upon Islamic law or civil law. Agreement of Islamic law are called sharia agreement that implementation systems embrace sharia principle. While agreements of civil law are called conventional agreement that the implementation systems embrace civil law. Every agreement would be raised the rights and obligation of each parties. If the agreement have been fulfiilled or not that caused by deviations

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Muhammad Ridwan and M. Junaidi. "A View of Civil Law and Islamic Law on the Practice of Surrogate Mother." YURISDIKSI : Jurnal Wacana Hukum dan Sains 19, no. 4 (2024): 495–509. http://dx.doi.org/10.55173/yurisdiksi.v19i4.215.

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IVF is one of the modern methods that can help legal couples obtain children. Both Indonesian Civil Law and Islamic Law allow this practice. Still, it must be carried out based on the provisions, namely by involving couples who are legal in the eyes of the law. IVF carried out through surrogate motherhood is prohibited by both positive law and Islamic law because its existence can disrupt lineage. Children born from this practice are not considered legitimate due to confusion and ambiguity during the process. This research is a normative juridical literature study that is processed based on pr

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Siroj, A. Malthuf. "Eksistensi Hukum Islam dan Prospeknya di Indonesia." AT-TURAS: Jurnal Studi Keislaman 5, no. 1 (2018): 97–122. http://dx.doi.org/10.33650/at-turas.v5i1.326.

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Indonesia as one of the most populated-by-Muslim country has a long historical experience in implementing Islamic law. In each era, the practice of Islamic law differs one another due to the legal politics which influence it. Prior to the Dutch colonialism, Islamic law was prevalent among Muslims with political support from the royal kingdom of Islam such as in Aceh, Palembang, Banjarmasin, Banten, Demak, Jepara, Tuban, Gersik, Ampel and Mataram. Islamic law grew and developed in the midst of society beside adat law. In the Dutch colonial era the policy of the colonial government against Islam

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Mustapha, Ismail Adua, Abdulraheem Taofeeq Abolaji, and Ismael Funsho Yusuph. "INTERNATIONAL CIVIL AVIATION LAW INSTRUMENTS AGAINST AIR TRANSPORT TERRORISM: AN ANALYSIS FROM THE ISLAMIC LAW PERSPECTIVE." Jurnal Syariah 32, no. 1 (2024): 1–40. https://doi.org/10.22452/syariah.vol32no1.1.

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Air transport terrorism is as old as the emergence of civil aviation itself. Illegal acts such as “air piracy” (aircraft hijacking); “aircraft destruction”; and kidnapping of passengers (“hostage-taking of passengers”) were popular ways of terrorizing air transport. To guide against the continuous perpetration of these heinous acts, the International Civil Aviation Organization member states wagged war through certain instruments such as definition, punishment, extradition of the offenders and the State with jurisdiction over the offence are stated in the anti-air terrorism conventions. Yet th

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Aisyah, Aisyah, Azharuddin Azharuddin, Said Rizal, and Suhaila Zulkifli. "Studi Perbandingan Alat Bukti Saksi dalam KUHAP dan KUHAP Islam." Kajian Ilmiah Hukum dan Kenegaraan 1, no. 1 (2022): 1–11. http://dx.doi.org/10.35912/kihan.v1i1.1338.

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Purpose: of the study is to provide knowledge and comparative analysis of witness rules in the burgerlijk wetboek/civil procedural law in Indonesia and Islamic civil procedural law as well as to provide a comparison of witness arrangements in the burgerlijk wetboek/civil procedural law in Indonesia and the burgerlijk wetboek/Islamic civil procedure law. Result: Civil procedural law makes witnesses not perfect evidence. However, for the religious court in the case of divorce, the witness seems to have the same power as a letter, even thought in principle it is different. Contribution: This cond

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Umam, Farhan Chaerul, Andi Muhammad Husni Tamrin, Aldian Yusup, Muhammad Rizqi Fahreza, and Sofiyanti Sofiyanti. "Application of The Principle of Justice in Islamic Civil Dispute Resolution in Indonesia." Global International Journal of Innovative Research 2, no. 8 (2024): 1882–89. http://dx.doi.org/10.59613/global.v2i8.282.

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This article discusses the application of the principle of justice in the resolution of Islamic civil disputes in Indonesia by using qualitative methods through literature studies and research in libraries. Justice is one of the important aspects in the resolution of Islamic civil disputes to ensure that individual rights are defended in accordance with the principles of fair and balanced Islamic law. This study explores various sources of literature related to Islamic civil law practice, justice, and dispute resolution in Indonesia. In the context of Islamic civil law, justice refers not only

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., Zuhrah, I. Gusti Ayu Ketut Rachmi Handayani, and Burhanuddin Harahap. "Legislative Legal Politics of Inheritance Law in Indonesia." Journal of Ecohumanism 3, no. 6 (2024): 910–16. http://dx.doi.org/10.62754/joe.v3i6.4059.

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This article is the result of research on the legal politics of inheritance law legislation in Indonesia. This study employs normative research methods, focusing on literature review and legal documents to understand the principles and regulations in force. Through the approach of case analysis, legislative analysis, and an examination of legal politics in Indonesia, the research delves into the relevant aspects. Data analysis was used to identify and understand legal norms related to inheritance distribution within the systems of customary law, Islamic law, and civil law in Indonesia. The res

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Rinda, Peni. "DUE TO LEGAL POSITION AND LEGAL SURROGACY AGREEMENT AS AN INNOMINAAT AGREEMENT IN THE PERPECTIVE OF CIVIL LAW, ISLAMIC LAW AND NATIONAL LAW." Jurnal Pembaharuan Hukum 6, no. 1 (2019): 90. http://dx.doi.org/10.26532/jph.v6i1.4672.

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Technological developments in medicine have provided an outlet for community issues with the discovery of a new method of artificial insemination is known as in vitro fertilitization (IVF). For couples who want to have children but due to medical reasons can not obtain offspring naturally, with IVF method can obtain offspring / children. But in its development appears IVF lease term or the surrogate mother's womb, the sperm and ovum from a legitimate married another woman entered in the womb. Therefore the aim of this study to determine the legal position of surrogacy agreement as an innominaa

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Mariana, Mariana, Amsanul Amri, Kheriah Kheriah, Bonita Izwany, and Nurul Kamaliah. "Comparative Study of Sales Contracts in Law." HEI EMA : Jurnal Riset Hukum, Ekonomi Islam, Ekonomi, Manajemen dan Akuntansi 4, no. 1 (2025): 67–78. https://doi.org/10.61393/heiema.v4i1.280.

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This study aims to analyze the differences between Islamic Law (Sharia) and Civil Law in the application of sales contracts, as well as the practical implementation of both legal systems in daily transactions. Islamic Law emphasizes moral and ethical aspects by ensuring transactions are free from prohibited elements such as riba, gharar, and maysir, while Civil Law focuses more on legality and the freedom of contract. This research employs a descriptive qualitative method with a normative juridical approach, examining legal provisions and the practice of sales contracts based on data from prim

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Mahasin, Zahra Zara. "The Cancellation of Grants in The Perspective of Civil Law and Islamic Law." Semarang State University Undergraduate Law and Society Review 2, no. 1 (2022): 1–16. http://dx.doi.org/10.15294/lsr.v2i1.53478.

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From birth, there is no human being in this world who can live alone without another human being. This is because humans are social beings. In life with human beings must be mutual helping. Forms help please this is diverse that there is a form of Services, Sale, Buy, Gift and so forth and one form of help please that there is a form of Grant. Indeed, all humans will die. This event will lead to inheritance in a civil law. Usually heirs while still alive give grants or donations either to his heirs or to others. And usually the grant is not known by the heirs, which then raises the issue of th

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Sadari, Sadari. "Quo Vadis Hukum Keluarga Islam dalam KHI dan Upaya Desakralisasi untuk Relevansi Seiring Modernitas dan Keindonesiaan." JURNAL INDO-ISLAMIKA 5, no. 1 (2020): 75–108. http://dx.doi.org/10.15408/idi.v5i1.14788.

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This article reveals the fact that in Islamic Family Law, there are a number of anomalies and crisis, for instance, Islamic Law Compilation (KHI) on polygamy and mixed-religion marriage which contains discrimination and intolerance. This, however, is caused by its enforcement bound by civil law and merely to theMoslem communities. The article introduces the nationalization and internationalization of Islamic family law in the KHI, thus eliminating discrimination and intolerance. This will be sought by creating coherence between KHI and modernity issues such as: Human Rights, democracy, civil s

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Haqqi, Abdurrahman Raden Aji. "RELIGIOSITY IN CRIMINAL LAW: ISLAMIC PERSPECTIVE." Diponegoro Law Review 4, no. 1 (2019): 1. http://dx.doi.org/10.14710/dilrev.4.1.2019.1-20.

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The fundamental premises of Islamic law are that Allah has revealed His will for human-kind in the Holy Quran and the inspired example of the Prophet Muhammad (Peace be Upon Him), and that society's law must conform to Allah's revealed will. The scope of Islamic law is broader than the common law or civil law. In addition to core legal doctrines covering the family, wrongs, procedure, and commercial transactions, Islamic law also includes detailed rules regulating religious ritual and social etiquette. In Islam, religiosity is not asceticism in monasteries nor is it chattering from the pulpits

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Haqqi, Abdurrahman Raden Aji. "RELIGIOSITY IN CRIMINAL LAW: ISLAMIC PERSPECTIVE." Diponegoro Law Review 4, no. 1 (2019): 284. http://dx.doi.org/10.14710/dilrev.4.1.2019.284-303.

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The fundamental premises of Islamic law are that Allah has revealed His will for human-kind in the Holy Quran and the inspired example of the Prophet Muhammad (Peace be Upon Him), and that society's law must conform to Allah's revealed will. The scope of Islamic law is broader than the common law or civil law. In addition to core legal doctrines covering the family, wrongs, procedure, and commercial transactions, Islamic law also includes detailed rules regulating religious ritual and social etiquette. In Islam, religiosity is not asceticism in monasteries nor is it chattering from the pulpits

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Puneri, Atharyanshah. "Comparing the Contract Between Islamic and Indonesian Laws." Indonesian Journal of Law and Society 1, no. 2 (2020): 145. http://dx.doi.org/10.19184/ijls.v1i2.18171.

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In the common transaction, the contract plays a crucial element made between the parties with their consent. Its importance reflects that the contract realizes the parties' agreements and the contract binds the parties mentioned in the agreements. This study aims to review the contract law by analyzing the law of contract from two different laws, which are Islamic and Indonesian laws. This study finds some similarities and differences between Islamic and Indonesian laws when they come to governing contracts. Every contract in Islamic law must comply with sharia aspects, and the law derived fro

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Tahmid, Khairuddin, and Idzan Fautanu. "Institutionalization of Islamic Law in Indonesia." AL-'ADALAH 18, no. 1 (2021): 1–16. http://dx.doi.org/10.24042/adalah.v18i1.8362.

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This article discusses the institutionalization of Islamic law into national law in Indonesia. The aim is to analyze the possibility of incorporating Islamic Law into the national legal system. This desire is logical, considering that Muslims in Indonesia occupies the majority position (85%) and the community requires appropriate regulations sourced from the teachings of their religion. Based on the results of the 1979/80 BPHN legal review seminar, there are at least 3 (three) main things that could be done, namely; (1) making Islamic law one of the ingredients in the preparation of national l

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Sulistyo, Endah, and Tri Susilowati. "LEGAL COMPARISON OF THE STATUS OF THE RIGHTS OF ADOPTED CHILDREN TO INHERITED PROPERTY (A REVIEW OF CIVIL LAW AND ISLAMIC LAW)." Justicia Journal 13, no. 1 (2024): 13–19. http://dx.doi.org/10.32492/jj.v13i1.13102.

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To the effect this research is subject to be know and menganalisis procedures child appointment terminological Islamic Law and Civil Law Compilation, and knowing and menganalisis is legal status and Right For adopted child in Beneficial Owner Asset Terminological Islamic Law and Civil Law Compilation. In this method observational, researcher utilizes Library data collecting tech ( Library Research ) where this Research did by researcher to for get secondary law material. Secondary material is law material the inside studies is books, rules, paper, and data that is gotten from penelusuran pass

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Latifah, Fernanda Nur. "Pembagian Harta Warisan Kepada Anak di Luar Nikah Menurut Hukum Islam Dan Hukum Perdata." Kajian Hukum 6, no. 2 (2021): 46–55. http://dx.doi.org/10.37159/kh.v6i2.14.

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Inheritance is an asset left by a person to their heirs. When that person dies, the inheritance must be divided according to Islamic law and civil law in Indonesia. Islamic law is law that originates and becomes part of the Islamic religion. The conception of Islamic law, its basis, and legal framework are established by Allah. In Islamic law also regulates inheritance. The definition of Islamic inheritance law is a rule designed to regulate the case or ownership of a person who died globally to a person or family who is also claimed to be an heir. The distribution of inheritance is prioritize

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