scholarly journals Aspek-aspek Pembaruan Hukum Islam dalam Hukum Keluarga di Indonesia

2019 ◽  
Vol 11 (2) ◽  
pp. 249-270
Author(s):  
Fitriyani Fitriyani
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Public Life ◽  
Qualitative Change ◽  
Social Conditions ◽  
Law Reform ◽  
Universal Principles ◽  
The Family ◽  
Islamic Family Law

Islamic law reform is essentially contrary to something that already exists (existing) then undergo a qualitative change as a product of interaction in public life It could be argued that the process of law reform Islam is seen as something autonomous, but he also interacts with other elements in society that occurred interdependent. Therefore, the concept of renewal of Islamic law requires adaptatif stance with social conditions in which it interacts. In this case, the realization of the principle of al-muhafadzah 'ala al-qadim wa al-Salih al-akhdzu bi al-jadidi al-ashlah (maintaining the old one if it is still good and accept the new or changed if it is considered better), became a necessity. Within the framework of family law reform Indonesia, Islamic law meempunyai a very important role and strategic. Said, because the family law of Islam. in addition to recognized as a source of juridical law, also has universal principles and in accordance with the personality of the Indonesian nation. In fact, sociologically Islamic family law has taken root and become law who live in the midst of the majority of Indonesian people. Renewal of Islamic law in the context of family law Indonesia includes four categories, namely; jurisprudence, fatwa, jurisprudence and legislation.

scholarly journals Pembaharuan Atas Hukum Keluarga di Indonesia: Satu Tinjauan Sosiologis

ULUMUNA ◽  
2015 ◽  
Vol 19 (1) ◽  
pp. 137-158
Author(s):  
Munawir Haris
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Public Life ◽  
Qualitative Change ◽  
Point Of View ◽  
Social Conditions ◽  
Islamic Family Law

The renewal of Islamic law is essentially contrary to something that already exists (existing) then undergoes a qualitative change as a product of interaction in public life. It could be argued that the process of renewal of Islamic law is seen as something autonomous, but it also interacts with other elements in society that occur interdependently. Therefore, the concept of renewal of Islamic law requires adaptive stance with social conditions in which it interacts. In this case, the realization of the principle of al-muh}āfaz}atu ‘alā al-qadīmi al-s\ālih} wa al-akhdhu bi al-jadīd al-as\lah} (Maintaining the old one if it is still good and accept the new or changed if it is considered better) became a necessity. Within the framework of family law renewal in Indonesia, Islamic law has a very strategic and important role. From the sociological point of view, Islamic family law has deeply rooted in the Muslim daily live and become a living law in the midst of the majority of Indonesian people. Renewal of Islamic law in the context of family law in Indonesia includes four categories namely fiqh, fatwā, jurisprudence and legislation. This article explores these four categories and shows how reform influence these domains. DOI: http://dx.doi.org/10.20414/ujis.v19i1.1254

scholarly journals Reformasi hukum keluarga di dunia Muslim

2014 ◽  
Vol 14 (1) ◽  
pp. 1
Author(s):  
Ahmad Bunyan Wahib
Keyword(s):  
Twentieth Century ◽  
Islamic Law ◽  
Family Law ◽  
Social Economy ◽  
Muslim World ◽  
Law Reform ◽  
The Reformation ◽  
Islamic Family Law ◽  
Politics And Law

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.

scholarly journals Islamic Family Law Reform: Problems and Prospects

ICR Journal ◽  
2011 ◽  
Vol 3 (1) ◽  
pp. 37-52
Author(s):  
Mohammad Hashim Kamali
Keyword(s):  
Community Development ◽  
Family Law ◽  
First Century ◽  
Law Reform ◽  
International Institute ◽  
Special Issue ◽  
International Conference ◽  
Islamic Thought ◽  
The Family ◽  
Islamic Family Law

This Special Issue of Islam and Civilisational Renewal carries selected papers from the ‘International Conference on the Family Institution in the Twenty-First Century: Ideals and Realities’, held at IAIS Malaysia on 13-14 December 2010. The event was jointly organised by IAIS Malaysia, the Institute of Islamic Understanding Malaysia (IKIM), Yayasan Pendidikan Islam (YPI), Yayasan Ubaidi, the Journalists and Writers Foundation, Istanbul, Turkey, the International Institute of Islamic Thought (IIIT), and the Malaysian Turkish Dialogue Society, and officiated by Senator Dato, Sri Sharizat Abdul Jalil, Malaysia’s Minister of Women, Family and Community Development.  

scholarly journals PRODUK-PRODUK PEMBAHARUAN HUKUM KELUARGA ISLAM DI TURKI

2021 ◽  
Vol 2 (1) ◽  
pp. 68-87
Author(s):  
Arif Sugitanata ◽  
Suud Sarim Karimullah ◽  
Mohamad Sobrun Jamil
Keyword(s):  
Family Law ◽  
Identity Crisis ◽  
Civil Code ◽  
Social Conditions ◽  
Law Reform ◽  
Men And Women ◽  
Turkish People ◽  
Minimum Age ◽  
Age Limit ◽  
Islamic Family Law

This article discusses the products of Islamic family law in Turkey with the main focus of this article review is how the history and development of family law in Turkey and what are the products of family law reform in Turkey using literature studies. This paper finds that the development of family law reform in Turkey starting from al-Majallâh (1876), The Ottoman Law of Family Right (1917), Turkish Civil Code (The Turkish Civil Code of 1926) is a response to the influence and changes in social conditions. , politics, and an unstable economy, especially at that time the Turkish people were still experiencing an identity crisis. Then the product of family law reform in Turkey is divided into two scopes, namely munakahat and Mawaris, where part of the munakahat itself includes, khitbah, minimum age limit for marriage, prohibitions in marriage, polygamy, walimah, marriage annulment, marriage that is not legalized, divorce. , compensation in divorce, while in Mawaris includes, wills and the amount of distribution between men and women are equal. Abstrak Artikel ini membahas tentang produk-produk hukum keluarga Islam di Turki dengan fokus utama kajian artikel ini adalah bagaimana sejarah dan perkembangan hukum keluarga di Turki dan apa saja produk dari pembaharuan hukum keluarga di Turki menggunakan studi kepustakaan. Tulisan ini menemukan bahwa perkembangan pembaharuan hukum keluarga di Turki yang dimulai dari al-Majallâh (1876), The Ottoman Law of Family Right (1917), Peraturan Sipil Turki (The Turkish Civil Code of 1926) merupakan sebuah respon atas pengaruh dan perubahan kondisi sosial, politik, dan ekonomi yang tidak stabil apalagi pada masa tersebut masyarakat Turki masih mengalami kondisi krisis identitas. Kemudian produk dari pembaharuan hukum keluarga di Turki dibagi kedalam dua cakupan yakni munakahat dan mawaris, di mana bagian dari munakahat itu sendiri meliputi, khitbah, batas usia minimal menikah, larangan dalam perkawinan, poligami, walimah, pembatalan perkawinan, perkawinan yang tidak disahkan, perceraian, kompensasi dalam perceraian, Sedangkan dalam mawaris meliputi, wasiat dan jumlah pembagian antara laki-laki dan perempuan yang setara.

The Role of Personal Statutes in Social Development in Islamic Countries

1971 ◽  
Vol 13 (1) ◽  
pp. 16-31 ◽  
Author(s):  
J. N. D. Anderson
Keyword(s):  
Social Development ◽  
Islamic Law ◽  
Family Law ◽  
Family Relations ◽  
Social Conditions ◽  
Muslim Country ◽  
The Family ◽  
The Subject ◽  
Muslim Communities

I take it that this title, which was not of my devising, is intended to cover the contribution that the series of partial or comparatively comprehensive codifications of the law of personal status, which have appeared in recent years in one Muslim country after another, has played or might play in the development of social conditions in general, and of family relations in particular, in the area concerned. But I shall confine my remarks in this paper to those legislative enactments which codify or restate principles of family law which are, or profess to be, specifically Islamic, whether they are applicable to Muslims alone or to those of more than one religion, rather than make any attempt to deal with the family law peculiar to one or another of the non-Muslim communities–partly because any comprehensive consideration of the latter would be too wide and detailed a task for such a paper as this, partly because each of these other systems of law is of comparatively restricted application, and partly because it is the Islamic law which has been the subject of my own specialist study.

scholarly journals Pembaruan pemikiran hukum keluargaIslam di Indonesia

2011 ◽  
Vol 11 (2) ◽  
pp. 145
Author(s):  
Ismail Ismail
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Law Reform ◽  
Islamic Jurisprudence ◽  
Marriage Record ◽  
Islamic Family Law ◽  
The Law

Islamic family law or ahwal al-shakhsiyyah has prevailed in Indonesia since the inception of the law no. 1year 1974 concerning with marriage and the compilation of Islamic law in Indonesia (KHI) in 1991.Islamic family law run in Indonesia is not exactly the same as those contained in the books of classicaljurisprudence (fiqh). From its materials has been found in the legislation, there are a number of newprovisions that was different from those classical Islamic jurisprudence such as in marriage record, agerestrictions of marriage, polygamy, inheritance and wasiah wajibah etc.  These new provisions were issuedby scholars and contemporary Islamic jurists in the context of law reform. 

scholarly journals Arrangement and Dynamication of Family Law Updating in Indonesia

Al-'Adl ◽  
2020 ◽  
Vol 13 (2) ◽  
pp. 285
Author(s):  
Ike Yulisa ◽  
Muhamad Yusuf ◽  
Doli Witro ◽  
Luqyana Azmiya Putri ◽  
Mhd. Rasidin ◽  
...  
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Customary Law ◽  
Law Reform ◽  
Government Regulations ◽  
Analysis Techniques ◽  
Structure And Dynamics ◽  
Divorce Rates ◽  
Islamic Family Law ◽  
Western Law

In Indonesia, family law is well regulated in law or government regulations. In this case, with the increasingly complex family law issues supported by divorce rates, which reached 398,245 in 2015, then in 2017, it increased to 415,898, and with the development of science and technology, so many problems arise both in terms of muamalah or family law itself. For this reason, structuring is needed through legal reform that makes it follow what is needed by the wider community. Starting from this, this paper will discuss the arrangement of Islamic family law and the dynamics of family law reform in Indonesia. This study aims to provide an overview of the arrangement of Islamic families and Islamic family law reform in Indonesia. This paper uses qualitative research methods that are library researching. The data in this article was obtained from books, journals, articles, magazines related to the structure and dynamics of family law reforms in Indonesia. After the data is collected, the writer analyzes with data analysis techniques, namely data reduction, data presentation, and concluding. The results of the study show that the structure and dynamics of family law in Indonesia, when viewed in the context of Islamic law reform, reveal a unique and problematic portrait of reform. It is said so because Indonesia applies three legal systems, namely customary law, Islamic law, and Western law.

Positivisasi Hukum Keluarga Islam sebagai Langkah Pembaharuan Hukum Islam di Indonesia: Kajian Sejarah Politik Hukum Islam

2019 ◽  
Vol 13 (2) ◽  
pp. 243-257
Author(s):  
Nurul Ma'rifah
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
The Other ◽  
Law Reform ◽  
The Political ◽  
Old Order ◽  
The Reformation ◽  
History Of ◽  
Islamic Family Law

This paper discusses the making Islamic family law a formal law in the perspective of the political history of Islamic law in Indonesia, which cannot be separated from the role of the regime since the beginning of the Old Order era. In this era, the regime showed its alignment with the renewal of Islamic law. However, when the regime was not as firm and tended to be democratic, as it was during the Reformation era, Islamic family law reform tended to be stagnant. On the other hand, the history of Islamic family law renewal also experienced ups and downs because it is affected by political configurations, in which Indonesian Muslims attitudes could be classified into progressive and Islamist groups. Progressive groups try to fight for the renewal of Islamic family law contextually; whereas Islamist groups are more textual in responding to Islamic family law reform.   

scholarly journals Democracy, Human Rights, and Islamic Family Law in Post-Soeharto Indonesia

2015 ◽  
Vol 5 ◽  
Author(s):  
Mark Cammack ◽  
Adriaan Bedner ◽  
Stijn Van Huis
Keyword(s):  
Family Law ◽  
Law Reform ◽  
Constitutional Court ◽  
State Control ◽  
Reform Initiatives ◽  
The Family ◽  
New Material ◽  
Divorce Rates ◽  
Islamic Family Law

This article examines the developments in Indonesian family law in the aftermath of the political transition that occurred in 1998. Its focus is on the position of the Islamic courts and the role of the women’s movement as a driver of reform. Combining literature on gender, Islam, and the state in Indonesia with new material such as divorce rates, cases of the Constitutional Court, and law reform initiatives, the authors argue that the family law reform processes already underway before 1998 have not changed much and have continued to lead to more state control of Islamic family law. Yet, even though the reforms since 1998 have not directly targeted family law, they have unleashed processes of liberalization, democratization and decentralization that have emboldened Indonesian women in the exercise of their rights and have invigorated debates over further reform.

scholarly journals JUDICIAL REMEDIES OF DARAR IN ISLAMIC FAMILY LAW: A CRITICAL STUDY OF THE LAW AND PRACTICE IN BAUCHI STATE OF NIGERIA

2016 ◽  
Vol 3 (3) ◽  
Author(s):  
Mansur Isa Yelwa ◽  
Najibah Mohammad Zin
Keyword(s):  
Islamic Law ◽  
Family System ◽  
Family Law ◽  
Theoretical Aspect ◽  
Practical Aspect ◽  
Critical Study ◽  
Research Approach ◽  
The Family ◽  
Islamic Family Law ◽  
Judicial Remedies

In both substantive and procedural rules, Islamic law enshrines a comprehensive legal framework that regulates the family system for the realisation of a sustainable justice for all parties to Islamic marriage institution. The basis of the philosophy of Islamic family law is that both husband and wife shall live together harmoniously, with mutual respect in order to produce an upright ummah, bearing rights and responsibilities towards one another. The husband, conferred with the privilege as head of the family and responsible for the wife, enjoys such favour within a limited sphere, to prevent ultra vires chances and abuses. The wife, ordained to bear the duty of followership and obedience towards the husband, is protected with judicial shield from darar which implies aggressive manners and ill treatment of irresponsible husbands. This paper critically examines these crucial issues pointing its sight on the classical texts, statutory provisions and the practical dispensation relating to the effect of darar on the wife and its judicial remedies with Bauchi state of Nigeria as case study. It is based on a qualitative research that employs both doctrinal and empirical research approach. The findings of the research reveal that the application of Islamic law in the Bauchi State Sharīʿah Courts has a number of challenges questioning the consistency of its practical aspect with the theoretical aspect; namely, the classical textual provisions.  Keywords: Islamic law; procedure; darar; husband; wife; Bauchi state.      

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