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Gender Equity in Muslim Family Law: Modern and Contemporary ‘Ulamā’s View
Full text linkThe concept of equality has been a rhetoric of increasing importance globally today. This concept teaches that men and women are equal in all aspects without distinction. The Islamic teaching totally reject this concept. Therefore, the main feminist movement claims that Islam is a anti-religion to equality. The equality concept of Islam is quite different from the Western perspective. Hence, this study focuses on the ‘ulamā’s view on some important aspects related to equity, especially the nature of different gender and different responsibilities, divorce rights, polygamy, testimony, and inheritable rights based on narrative review. It employs a qualitative approach, where the relevant document is based on primary and secondary sources such as books, journals and website articles and videos. The data collected in this regard were analyzed using the content analyzing method. The findings show that the modern and contemporary ‘ulamā’s opinion aligns with Islam’s principle of equity, emphasizing the reality and justice behind the concept of equity. Through the understanding and practice of Islamic doctrine can establish a fair equality in the world
Contribution Model of al-Mas'ūliyyah al-Jinā'iyyah in the Formulation of Criminal Liability in Indonesia’s New Criminal Code
Full text linkThe evolution of criminal law in Indonesia reflects a complex interplay between indigenous legal traditions and external influences, including Islamic law. This article examines the contribution model of al-mas'ūliyyah al-jinā'iyyah (criminal liability in Islamic law) to formulating criminal liability in Indonesia’s New Criminal Code (KUHP Baru). The study adopts a qualitative research method, utilizing a comparative legal analysis framework to explore the dialectic between Islamic criminal law and the New Criminal Code. Data sources include classical legal texts, the book of Qur’anic exegesis and Hadith interpretations, legislative documents related to the New Criminal Code, academic literature, legal commentaries, and jurisprudential analyses. Through this method, the study identifies an elegant interplay between the principles of ḍarar (harm) and the fundamental criminal liability provisions in both systems. This study's findings reveal significant similarities and key differences, such as the role of intent, the typology of legal subjects, and the broader scope of liability for corporate crimes under the New Criminal Code (KUHP Baru). This article concludes that the contribution of al-mas'ūliyyah al-jinā'iyyah to the New Criminal Code lies primarily at the level of values while highlighting the potential for further alignment in specific areas
Islamic Law Accommodation for Social Interaction within Temu Manten Tradition
Full text linkThe temu manten tradition has been carried out for generations by the Javanese community and the Javanese community who live in Sukamaju District, North Luwu Regency, South Sulawesi Province, Indonesia. This tradition is the culmination of a series of traditional Javanese wedding events, and it is a symbol of the union of two families. This study aims to determine the procession of the temu manten tradition in Sukamaju District, North Luwu Regency, in terms of social interaction and Islamic law accommodated in the tradition. This study is qualitative research with an empirical sociological approach using participatory observation to study the implementation of the temu manten tradition. The results show that the temu manten tradition in Sukamaju is still carried out with some adjustments, and Islamic law can accommodate this tradition through a broader interpretation and flexible application. Temu manten tradition is also a strong medium of social interaction with the community. There has been an acculturation and value shift of temu manten tradition in Sukamaju District with temu manten tradition in Java. To preserve the temu manten tradition in accordance with the principles of Islamic law and in line with the concept of 'urf, it is necessary to conduct continuous education to the community
Jurimetrics in the Reconstruction of the Joint Property Division Model for Wage-Earner Wives in Indonesia
Full text linkThe joint property division in Article 97 of the Compilation of Islamic Law (Kompilasi Hukum Islam/KHI) is one-half (1/2) as long as it is not specified otherwise in the marriage agreement. This is followed mainly by judges because of the legal certainty in it, but not for wives with double burdens who work to earn a living and are also housewives. This research aims to reconstruct the joint property division through jurimetrics analysis to obtain more objective and tested results because it is based on empirical data. This research is a normative law study with a descriptive approach. The data in this study are the Compilation of Islamic Law, and concepts, as well as other laws and regulations related to the joint property division analyzed with jurimetrics to get the ideal formulation and scale of division. The results obtained include several models of joint property division for wage-earner wives (breadwinners) along with the scale of formulation which are divided into two groups, namely the joint property division with a share of one-half for the former husband and wife and the joint property division with a share other than one-half for the former husband and wife according to the role taken by both. This research can be used as a reference by judges in deciding cases of joint property, especially related to the condition that a wife is a wage-earner
National Security in the Conditions of the Russia-Ukraine War: Legal Regulation and Islamic Law Perspectives
Full text linkNational security is an important condition for the functioning and development of individuals, societies, and the states, however, this security is threatened by war, and global military conflicts. This article aims to describe the national security threatened by the Russia-Ukraine war and all its effects from the context of legal regulation and Islamic law. This article is qualitative research with a historical and comparative approach. The study results concluded that Russia's full-scale invasion of Ukrainian territory, the formation of a new international military alliance, and the establishment of international cooperation to strengthen the security of the world community, were identified as innovative ways to develop international and global security. This is important to ensure national security in wartime conditions is maintained because security is a basic need that must be guaranteed in the context of national law, human rights, and Islamic law
Post-Divorce Rights of Women and Children in Pekalongan City, Central Java: Challenges in Islamic Law Analysis
Full text linkThe rights of women and children after divorce are often neglected. The article examines the reality of children's and women's rights in Pekalongan City, Central Java, Indonesia, focusing on the causes of non-fulfillment and the legal consequences. Data from 10 court decisions from the Pekalongan City Religious Court revealed a gap between post-court decision reality and the fulfillment of these rights. The research found that the non-fulfillment of children's and women's rights after divorce in Pekalongan is due to a lack of public knowledge about post-divorce execution procedures and related rights. The difficulty of spouses in ensuring the fulfillment of these rights is also reflected in the lack of application of Islamic legal knowledge on the obligation to provide maintenance by husbands. The legal consequences are devastating, emphasizing the need for improvements in the legal system, increased public knowledge, and the application of Islamic legal principles
Contestation of Customary Law and Islamic Law in Inheritance Distribution: A Sociology of Islamic Law Perspective
Full text linkIn the Mandailing Natal community in North Sumatra, Indonesia, predominantly Muslim, inheritance distribution often deviates from Islamic law due to the influence of local customs. The kinship system of na tolu plays a significant role, causing a delay in inheritance distribution until both parents have passed and all heirs are either of legal age or married. This practice aims to preserve family harmony but highlights a tension between Mandailing customary law and Islamic law, complicating the pursuit of justice in inheritance matters. This study explores the interaction between Mandailing custom and Islamic law in inheritance distribution, examining how the two legal frameworks influence one another. The research adopts a qualitative, juridical approach and reveals that customary norms, especially Dalihan Na Tolu, tend to outweigh Islamic law. Traditional leaders and religious scholars are key mediators, facilitating compromise and adaptation in inheritance distribution. The study suggests that enhancing Islamic law education and fostering collaboration between traditional leaders and scholars could help harmonize local customs with Islamic principles, ensuring a fairer inheritance process
Popular Sovereignty in Islamic Law Perspective
Full text linkPopular sovereignty is a fundamental principle in a modern state. The study addresses the noted contradiction between Islam and democracy resulting from the concept of legislative sovereignty. This stems from the Islamic belief in the sovereignty of God Almighty, while democracy places sovereignty in the hands of the people. The core objective of this research is to reconcile the dispute related to sovereignty and to elucidate the relationship between legitimate sovereignty in Islamic and democratic contexts. Both analytical and descriptive methodologies were applied to align with the research’s requirements. The study’s findings reveal that sovereignty has taken various forms since ancient times, and one of these forms aligns with Islamic principles. Consequently, the study recommends a re-evaluation of traditional perspectives on democratic sovereignty, urging recognition of the diverse manifestations of sovereignty
Maintaining Legal Certainty in Indonesia: The Role of Legal Instruments in Protecting Auction Buyer
Full text linkThe implementation of a mortgage auction carries a high potential for lawsuits to cancel the auction due to objections from the debtor. This study analyzes the rights of heirs over assets encumbered with a mortgage based on credit agreements, aiming to provide legal certainty for auction winners and protection for mortgage auction winners. The research is normative with a legislative and conceptual approach. The findings show that inherited property mortgaged by the deceased, the heirs must fulfill the obligations. If they refuse, the bank can auction the property. However, auction winners often face legal disputes from heirs. For example, in Case No. 453/Pdt.G/2021/PN Mks, heirs sued Bank BRI and the auction winner, claiming ownership of the mortgaged property, despite the auction winner having valid proof. A similar issue occurred in Case No. 240/ Pdt.G/2019/PN Mks, where heirs sued PT Penanaman Modal Madani and the auction winner over a mortgaged asset due to non-performing loans. In both cases, auction winners encountered conflicts and difficulties in executing their rights despite winning the auction legally. This highlights that auction winners often lack adequate legal protection, especially in disputes with heirs. Despite existing auction regulations, legal uncertainty remains, and protection for auction winners needs improvement
Mushārakah Mutanāqiṣah (Diminishing Partnership) Regulation for Housing Finance in Indonesian and Malaysian Law
Full text linkThe housing business continues to grow along with the increasing need for the fulfillment of housing. This research delves into the application of mushārakah mutanāqiṣah in housing finance within Indonesia and Malaysia, scrutinizing their regulations and relevant governing institutions. Employing a normative legal approach, it explores legal principles, systematics, synchronization, and historical context about this financing method. Employing inductive, deductive, and comparative methods, it analyzes regulations and practices in both countries. By offering insights into the potential and challenges of implementing mushārakah mutanāqiṣah in housing finance, the study aims to provide recommendations for regulatory enhancements, fatwa institutions, product development, and adherence to sharī’ah principles. This research is crucial for deepening understanding and facilitating improvements in various sectors related to housing finance within the context of Islamic finance in Indonesia and Malaysia