The Problematics of Divorce Before Judges The Perspective of Islamic Law Compilation and Madzhab Syafi’i

Indonesia is country based on law, the law itself is regulation regarding human actions that can done or not done, Humans are social creatures whoo need others, in is marriage there are many problems cause divorce, then writer will analysisthe validity of divorce before the panel of judges according to Islamic Law Compilation and Syafi’I Madzhab, as weell as analysisthe determination the iddah period in the Islamic Law Compilation and the opinion of the Syafi’I Madzhab, by using method abalisis conten, with conclusion in Islamic Law Compilation all divorces in Indonesia must go through a court of law, whether marriage is legal or not, this provision inconsistent with the 2012 Indonesia ulema’ consensus and opinion the Syafi’I madzhab, because according the Shafi’I School there are only 7 things, 4 cases where the husband does not want or has not dropped his tread, the woman may apply to court, namely: The problem of not having a living, The problem the wife’s harm, The problem of having a  disability, The problem the husband’s departure which is not clear, and 3 cases are the absolute authority of the court to resolve, namely: divorce due to illa’,  divorce due to li’an,  divorce due to zhihar

Actualization of Mui Fatwa on Positive Law as Islamic Legal Opinion in Indonesia

Legal opinion in Islam will discuss issues related to religious law such as fatwas. In Indonesia, there is a fatwa-making body called the MUI (Indonesian Ulema Council) which was established on July 26, 1975. This study uses the library research method by reviewing several libraries and comparing them with other literacy to find the right research results. The results of the study indicate that fatwas have an important role by becoming several national laws in the realm of Islamic economics. This is proven in the Supreme Court Regulation No. 2 concerning the Compilation of Sharia Economic Law (KHES), in addition to that regarding Islamic banking, for example PBI No. 9/19/PBI/2007. In addition, regarding sharia principles, the finance minister asked the MUI fatwa as the basis for issuing State Sharia Securities (SBSN).&nbsp

Analysis of Dowry Laws in The State of Sarawak, Malaysia, and KHI Indonesia

The law of dowry in Islam is an obligation for a man who wants to marry his future wife. Article 30 of the Compilation of Islamic Law (KHI) in Indonesia explains that the prospective groom is obliged to pay a dowry to the prospective bride in an agreed amount, both in form and type. However, there is no certainty about the amount of dowry to be paid. Another Muslim-majority country that adheres to Islamic law in the context of family law, including dowry, is Malaysia, which has the Sarawak State Islamic Family Law Ordinance 2001 which also regulates dowry laws. Thus, in solving a problem related to the amount of the dowry, the judge will solve it. This study uses a type of library research with a juridical-normative method. Primary data sources in the form of laws and regulations regarding the law of dowry in Indonesia and Malaysia, secondary sources obtained from various writings and books that are relevant to the research focus. Result: in detail the dowry law in the preparation of Islamic law is regulated in Articles 30 to 39, while the 2001 Sarawak State Islamic family law procedures in Malaysia are contained in Article 19, Article 56 and Article 57. Both have similarities in the laws and regulations that discuss about the law. dowry, one of the most prominent differences between the two is regarding the determination of the dowry, which in Indonesia the dowry is not clearly defined in terms of form and amount, while in the State of Sarawak, Malaysia, the amount is 120 RM for virgins and widows

“Bettonan” Contract in Agricultural Management as Poverty Reduction Efforts From Islamic Law Point of View

The background of this research is the existence of a "bettonan" contract that occurs among the Indonesian farming community. This contract is carried out with a distribution of 80%:20% of agricultural products; 80% for land owners and 20% for tenant farmers. This contract is a legacy from a long time ago that until now has not been touched by the government, resulting in the absence of regulations. This article tries to explore the legal nature of the “bettonan” contract and whether the distribution is in accordance with justice by considering the obligations of both parties to the contract (land owner and tenant farmers). The results of the study indicate that the "bettonan" contract transaction is in accordance with the concept of Islamic law and is included in the category of musyarakah muzaraah contract, and the distribution of results is in accordance with the principle of justice because the risk of tenant farmers is very small. In the end, this “bettonan” contract really needs to get a touch from the government law because it is very helpful in poverty alleviation efforts

The Dynamics of Islamic Family Law Reform in Morocco on Guardians Of Marriage

Islamic law reform must be carried out in response to the demands of change that occur in society. It is said that because one form of the universality of Islamic law is seen from the adaptability and flexibility of Islamic law itself. In connection with reform, Morocco carried out reforms of Islamic family law in the twentieth century. History states that between 1912-1956 Morocco was under French and Spanish political domination. The follow-up of efforts to develop the codification of family law was on August 19 1957, Morocco, whose inhabitants were followers of the Maliki school of thought, codifying during 1957 to 1958 producing Mudawwamah al-Ahwal al-Syakhsiyyah. The history of the birth of the Moroccan Law began on December 6, 1957 (13 Jumadil Awal 1377) with the issuance of the King's decree dated November 22, 1957 (28 Rabiul Thani 1377), announcing the issuance of the law on marriage and divorce. Morocco made history again in 2004, Morocco carried out a reform of the Islamic family law, which is one of the countries that gives legal permission to a woman, both girl and widow, to marry herself without a guardian in its Mudawwah al-Usrah, efforts to reform this law cannot be separated from the role of King Muhammad VI and the Progressive Feminism Movement

Teleconference Marriage Contracts and The Development of Indonesian Marriage Law

In the current era of technology, it is possible to carry out a marriage contract with the help of technology that can facilitate the parties who will carry out the marriage contract. In the study of Islamic law, there is no definite law regarding this long-distance marriage. Because this is a case of ijtihadiyah which is not mentioned in the texts of the Qur'an or Sunnah. In Indonesia, there is also no legal certainty regarding long-distance marriage contracts. This study uses library research method where literature is the main data source. This study aims to determine the views of an Islamic figure regarding the marriage contract carried out by teleconference, as well as to find out the prospects for this view in the development of Islamic family law in Indonesia. The results of this study indicate that the marriage contract through teleconferencing is factually not yet regulated in marriage law. However, according to Wahbah Az-Zuhaili's opinion, marriage via teleconference is a marriage that is allowed and can be considered valid. However, it is still necessary to regulate and amend the law regarding teleconferencing marriage contracts in order to protect the law, as well as to fulfill the legal aspect for the parties concerned

The Position Of Women In The Family Law According To Liberal Feminis

Historical facts reveal that thousands of years before Islam came, especially in the era of Jahiliyah, women were seen as not having complete humanity and therefore women did not have the right to speak out, did not have the right to work, and did not have the right to own property, this caused the feeling of shame to have daughters who resulting in the burial of innocent baby girls being buried alive is also an injustice due to wrong traditions. The results of this research are (1) The misunderstanding of society regarding the position of women in the family according to Siti Musdah Mulia is the result of wrongly interpreting this verse of the Koran due to several reasons. One of them is that in general, Muslims understand religion more dogmatically, the Islamic community obtains religious knowledge through lectures from the scholars', and (2) Musdah Mulia's basic thoughts are related to formulating the position of women in the family, including a) There are no differences in men -men and women. One of God's blessings is that all human beings, whether male or female, are equal, regardless of ethnicity, wealth, or social position. In God's view, man is valued only based on his obedience; b) the essence of Islamic teachings is to humanize humans and respect their sovereignty. and therefore must be recognized as natural; c) The essence of religious teachings is to humanize humans, respect humans and honor them

ASSESSING WOMEN ULAMA’S PERSPECTIVES ON GENDER CONTESTATION AND LAW ESTABLISHMENT IN INDONESIA

In contrast with the history gender abroad, women's attitudes and relations with various sectors in Indonesia can be said to be completely different.  without distinguishing between both of them, local culture and approaches that affect one's perspective. This article describes the history of gender in Indonesia that is inseparable from the dogma and history of Indonesian women who fight for justice before the law, the variety of religions and cultures which are the main concerns that will distinguish the history of gender in Indonesia from others. This article narrates that gender as a perspective is strongly influenced by the doctrines of the ulama towards women through tafsir and methods. Women ulama brought up several gender issues in Indonesia which later became the product of a fatwa, including the elaboration of kyai Husein Muhammad highlighting how women's rights fighters in Indonesia seek to ratify the marriage law and bunyai Nur Rafiah’s argument saying that gender in Indonesia will never be separated from the method of Islamic studies which views the essential justice for which positions ultimate justice for women as the ultimate target, this argument leads to laws in Indonesia which are starting to lead to the mainstreaming of regulations. This discussion is further reinforced by kyai Faqihudin Abdul Kodir who argued that the goal of gender in Indonesia is the ratification of CEDAW, hence the issuance of UU no. 7 of 1984

Legal Power of Testament Act as Authentic Deed in The Indonesian and Malaysian Law System

The Testament is a letter that contains a person's statement about what they want on assets after they die. In principle, in civil matters in the Indonesian legal system (Civil Law), written evidence is prioritized evidenceor the highest evidence than others. In contrast to Malaysia (Common Law), in the law of proof, it uses a jury system. Legal issues are determined by the judge and the facts are determined by the jury. From the explanation above, the Testament deed doesn’t have to do because the heirs are entitled on the inheritance of the property. Based on the description above, it needs to further examine “The Comparison of the Testament Deed Law as an authentic deed of Law in the Legal System in Indonesia and Malaysia”. The method used in this research is Qualitative Method, using Normative Law research. The results showed that (1) The Testament Regulation in the legal system in Indonesia and Malaysia is still pluralism of law; (2) The legal force of the Testament Deed and the legal consequences are both perfect proof in the Court if it fits its the procedures and provisions; (3) The Implementation of Testament Deeds in the legal system of the Indonesian and Malaysia, both can be done in writing, verbally or signal and it is witnessed with two witnesses

Additional Term Position of Constitutional Judges in The Perspective of Fiqh Priority of Yusuf Qardhawi

Emergence of the third amendment to the law on the constitutional court which was passed suddenly has sparked controversy among experts. This is due to three irregularities in the law. Among them are the discussion of the law is considered very fast, changes regarding the addition of the term of office of constitutional judges and the very fullness of the law with indications of political interests in order to facilitate the interests of the proposing institution. In examining this problem, this research uses the theoretical perspective of the working of law from Chambliss and Seidman and fiqh siyasah from Yusuf Qardhawi. This research is a normative legal research and with a statute approach and conceptual approach. The findings in this study indicate that an increase in the tenure of constitutional judges who continue to use retirement is in line with Yusuf Qardhawi's priority fiqh theory for several reasons, including a form of harmonization in regulating the tenure of the highest holder of judicial power and being able to maintain independence and credibility of every constitutional judge's decision