Slavery is not a product of Islam as it existed long before the Prophet Muhammad came. Even in the Qur'an, there are strong indications that enjoying sex with an unmarried slave girl is the same as enjoying it with a legal wife, so it is not even called zina in the Qur'an. It is evident that during the pre-Islamic era, sexuality between a master and his slave girl was commonplace. This research is a literature that is sourced in the form of books, journals and previous research that has the same theme of discussion as this issue. The result of this writing is that in Islam, the master or employer having sex with a slave girl is allowed and is not called adultery because it is stated in the Al-Qur'an surah Al-Mu'minun verses 5-7. The slavery that currently occurs in Saudi Arabia with various forms of slavery, one of which is the forced sexual intercourse of the master against his slave girl, is an act that is strictly prohibited and hated in Islam because it lowers the dignity and dignity of women.
{"title":"PERBUDAKAN MODERN DI ARAB SAUDI: SEKSUALITAS MAJIKAN DAN BUDAK PEREMPUAN DI ZAMAN JAHILIYAH","authors":"Fini La maa, A. Mutalib, Abu Sahman Nasim","doi":"10.46339/ijsj.v4i1.79","DOIUrl":"https://doi.org/10.46339/ijsj.v4i1.79","url":null,"abstract":"Slavery is not a product of Islam as it existed long before the Prophet Muhammad came. Even in the Qur'an, there are strong indications that enjoying sex with an unmarried slave girl is the same as enjoying it with a legal wife, so it is not even called zina in the Qur'an. It is evident that during the pre-Islamic era, sexuality between a master and his slave girl was commonplace. This research is a literature that is sourced in the form of books, journals and previous research that has the same theme of discussion as this issue. The result of this writing is that in Islam, the master or employer having sex with a slave girl is allowed and is not called adultery because it is stated in the Al-Qur'an surah Al-Mu'minun verses 5-7. The slavery that currently occurs in Saudi Arabia with various forms of slavery, one of which is the forced sexual intercourse of the master against his slave girl, is an act that is strictly prohibited and hated in Islam because it lowers the dignity and dignity of women.","PeriodicalId":102212,"journal":{"name":"Indonesian Journal of Shariah and Justice","volume":"141 45","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141655827","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article aims to analyze the influence of sharia in micro and small business practices. The method used is library research, where the data collection is by understanding and examining and studying the theories contained in books, articles, journals, and previous research results as a reference that is relevant between the theory that is recognized with the theme raised. The result of this paper is that the influence of sharia in micro and small business practices is to provide dedication in the form of services and products that provide benefits to many people and stay away from goods that provide mudharat. Then in terms of price, it is also regulated so as not to make it difficult for consumers so that the products and services offered are commensurate with the price offered.
{"title":"PENGARUH SYARIAH DALAM PRAKTEK BISNIS MIKRO DAN KECIL","authors":"A. F. A. Natsir, Jufri Saeni","doi":"10.46339/ijsj.v3i2.50","DOIUrl":"https://doi.org/10.46339/ijsj.v3i2.50","url":null,"abstract":"This article aims to analyze the influence of sharia in micro and small business practices. The method used is library research, where the data collection is by understanding and examining and studying the theories contained in books, articles, journals, and previous research results as a reference that is relevant between the theory that is recognized with the theme raised. The result of this paper is that the influence of sharia in micro and small business practices is to provide dedication in the form of services and products that provide benefits to many people and stay away from goods that provide mudharat. Then in terms of price, it is also regulated so as not to make it difficult for consumers so that the products and services offered are commensurate with the price offered.","PeriodicalId":102212,"journal":{"name":"Indonesian Journal of Shariah and Justice","volume":"68 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139132454","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The reconstruction agenda occurred in the early era of the emergence of the theory of maqāṣid al-syarīah, starting from the era of Al-Syafi'ī who is considered to be the first figure to use the term maqāṣid al-syarīah, up to the era of Muhammad Al-Ṭāhir Ibn 'Āsyūr who tried to apply this theory in the world real. There is a change in construction in the theory of maqāṣid al-syarīah, following changes in the context of maqāṣid al-ḍarūriyyāt in Al-Kullīyāt Al-Khamsah. This research examines the value of justice as maqāṣid al-ḍaruriyyāt in modern social needs. This research is library research, with descriptive analysis methods. The research results found; Firstly, the construction of al-kulliyyat al-khamsah has essentially begun to have discussions and differences regarding the placement of the order of emergency levels in the early eras. Second, the fundamental values of maqāṣid al-syarī'ah have been concluded using inductive methods (istiqra') by figures such as Al-Ghazālī, 'Izz Al-Dīn Ibn 'Abd Al- Salām and Al-Syāṭibī. According to 'Abdullah Saeed, Muhammad Al-Ghazalī and Luai Ṣāfī, in the modern era a number of new values can be developed using the istiqra method', new human rights that are important today can contain the universality of values. One of the important and fundamental values in religious texts as part of human rights which is a modern social need is 'justice', making it relevant as a fundamental maqāṣid and as a maqāṣid kullī which includes various aspects of maqāṣid juz'ī.
{"title":"KEADILAN SEBAGAI MAQĀṢID AL-ḌARŪRIYYĀT DALAM KEBUTUHAN SOSIAL MODERN","authors":"Husamuddin Mz, Sumardi Efendi, Khamisan Khamisan, Merta Risaldi","doi":"10.46339/ijsj.v3i2.47","DOIUrl":"https://doi.org/10.46339/ijsj.v3i2.47","url":null,"abstract":"The reconstruction agenda occurred in the early era of the emergence of the theory of maqāṣid al-syarīah, starting from the era of Al-Syafi'ī who is considered to be the first figure to use the term maqāṣid al-syarīah, up to the era of Muhammad Al-Ṭāhir Ibn 'Āsyūr who tried to apply this theory in the world real. There is a change in construction in the theory of maqāṣid al-syarīah, following changes in the context of maqāṣid al-ḍarūriyyāt in Al-Kullīyāt Al-Khamsah. This research examines the value of justice as maqāṣid al-ḍaruriyyāt in modern social needs. This research is library research, with descriptive analysis methods. The research results found; Firstly, the construction of al-kulliyyat al-khamsah has essentially begun to have discussions and differences regarding the placement of the order of emergency levels in the early eras. Second, the fundamental values of maqāṣid al-syarī'ah have been concluded using inductive methods (istiqra') by figures such as Al-Ghazālī, 'Izz Al-Dīn Ibn 'Abd Al- Salām and Al-Syāṭibī. According to 'Abdullah Saeed, Muhammad Al-Ghazalī and Luai Ṣāfī, in the modern era a number of new values can be developed using the istiqra method', new human rights that are important today can contain the universality of values. One of the important and fundamental values in religious texts as part of human rights which is a modern social need is 'justice', making it relevant as a fundamental maqāṣid and as a maqāṣid kullī which includes various aspects of maqāṣid juz'ī.","PeriodicalId":102212,"journal":{"name":"Indonesian Journal of Shariah and Justice","volume":"114 27","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139134625","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Alfandi Stomer, Marini Abdul Djalal, Baharuddin Abdullah, Abdul Haris Abbas, Harwis Harwis
The reason for the high rate of divorce and divorce is no longer unstoppable, this is due to a shift in social values in society. In the last three years, the total data from 2019- 2021 was 1,929 cases consisting of 1,313 cases of contested divorce and 616 cases of talak divorce. The formulation of the problem in this research is what factors cause lawsuit divorce and analysis of the causes of the high number of lawsuit divorce cases in the Religious Courts. The type of research used is empirical juridical research using two approach methods, namely the statutory approach and the case approach, using data collection techniques by means of observation, interviews and documentation. The research results explain that first, there are four factors that cause divorce, including educational factors, economic factors, legal awareness factors, and parental interference factors. Second, of the several factors that cause divorce, the reason for the high number of divorce cases is an inseparable part of the reasons for divorce as stated in Law of the Republic of Indonesia Number 16 of 2019 concerning Marriage and also Government Regulation Number 9 of 1975 concerning Implementation of the Law. Law of the Republic of Indonesia Number 1 of 1974 concerning Marriage.
{"title":"The ANALISIS FAKTOR PENYEBAB TINGGINYA ANGKA KASUS CERAI GUGAT/KHULU’ DI PENGADILAN AGAMA KELAS 1A KOTA TERNATE","authors":"Alfandi Stomer, Marini Abdul Djalal, Baharuddin Abdullah, Abdul Haris Abbas, Harwis Harwis","doi":"10.46339/ijsj.v3i2.70","DOIUrl":"https://doi.org/10.46339/ijsj.v3i2.70","url":null,"abstract":"The reason for the high rate of divorce and divorce is no longer unstoppable, this is due to a shift in social values in society. In the last three years, the total data from 2019- 2021 was 1,929 cases consisting of 1,313 cases of contested divorce and 616 cases of talak divorce. The formulation of the problem in this research is what factors cause lawsuit divorce and analysis of the causes of the high number of lawsuit divorce cases in the Religious Courts. The type of research used is empirical juridical research using two approach methods, namely the statutory approach and the case approach, using data collection techniques by means of observation, interviews and documentation. The research results explain that first, there are four factors that cause divorce, including educational factors, economic factors, legal awareness factors, and parental interference factors. Second, of the several factors that cause divorce, the reason for the high number of divorce cases is an inseparable part of the reasons for divorce as stated in Law of the Republic of Indonesia Number 16 of 2019 concerning Marriage and also Government Regulation Number 9 of 1975 concerning Implementation of the Law. Law of the Republic of Indonesia Number 1 of 1974 concerning Marriage.","PeriodicalId":102212,"journal":{"name":"Indonesian Journal of Shariah and Justice","volume":"78 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139163303","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Couples who choose not to have children in their marriage are called childfree. Many married couples choose not to have children. It is indeed impossible to make a quick decision not to have children. Couples decide not to have children due to many factors. The opinion that marriage should not result in children has recently become widespread. This is sure to reap a lot of protes in society because it goes against cultural, religious and Indonesian societal norm. The reason behind this is that it is not true. This research method is qualitative, and a literature survey is used, which comes from articles and journals. Basically, not having children is allowed because of the basic laws of marriage too. On the other hand, not having children is not permitted because it is against maqashid al-syari`ah. There is no right or wrong, but the decision to however, couples must make a joint decision not to have children.
{"title":"TELAAH MAQASHID AL-SYARI`AH FENOMENA CHILDFREE DALAM REALITAS KEHIDUPAN SOSIAL","authors":"Wilda Siti Hawani, Azuhria, Muhammad Ilham","doi":"10.46339/ijsj.v3i2.71","DOIUrl":"https://doi.org/10.46339/ijsj.v3i2.71","url":null,"abstract":"Couples who choose not to have children in their marriage are called childfree. Many married couples choose not to have children. It is indeed impossible to make a quick decision not to have children. Couples decide not to have children due to many factors. The opinion that marriage should not result in children has recently become widespread. This is sure to reap a lot of protes in society because it goes against cultural, religious and Indonesian societal norm. The reason behind this is that it is not true. This research method is qualitative, and a literature survey is used, which comes from articles and journals. Basically, not having children is allowed because of the basic laws of marriage too. On the other hand, not having children is not permitted because it is against maqashid al-syari`ah. There is no right or wrong, but the decision to however, couples must make a joint decision not to have children.","PeriodicalId":102212,"journal":{"name":"Indonesian Journal of Shariah and Justice","volume":"136 24","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139163905","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Marriage and adat are closely related to Malay tribal customs because ninik-mamak or traditional elders play an important role in wedding planning. The recommended marriage is back to bako, where a man marries the nephew of his maternal uncle, this is the ideal marriage according to the Petalangan people. There are other restrictions on marriages among the Petalangan tribe, one of which is that partners cannot come from the same matrilineal clan (tribe). Since ancient times, there has been a ban on same-ethnic marriage, and some argue that breaking this rule can be fatal. People who do not comply with these rules face customary punishments, such as fines or expulsion from the Petalang tribe. In addition, this is in accordance with the decision of the traditional elders or ninik-mamak. This research is field research with a descriptive qualitative type of research with empirical and normative juridical approaches. This research concludes that: 1. The practice of marriage among the Malays in Lubuk Terap Village still follows the customary rules that have existed since the time of their ancestors. 2. The prohibition on same tribe Malay marriages in Lubuk Village has been around since ancient times. 3. There are no verses in the Qur'an and Hadith that oblige or prohibit same tribe marriage, as well as positive law marriage regulations. In the Indonesian legal system, such as the Islamic Law Compilation (KHI), there is also no prohibition on same tribe marriages. Because of this the law of carrying out this marriage is permissible. In addition, this rule does not apply to the general public, but only to the Malays in Riau.
{"title":"LARANGAN PERNIKAHAN SESAMA SUKU MELAYU RIAU DALAM PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF (Studi kasus di Desa Lubuk Terap, Kecamatan Bandar Petalangan, Kabupaten pelalawan, Provins","authors":"A. Miftah, Wahyu Agung Dwi Putra","doi":"10.46339/ijsj.v3i1.51","DOIUrl":"https://doi.org/10.46339/ijsj.v3i1.51","url":null,"abstract":"\u0000 \u0000 \u0000Marriage and adat are closely related to Malay tribal customs because ninik-mamak or traditional elders play an important role in wedding planning. The recommended marriage is back to bako, where a man marries the nephew of his maternal uncle, this is the ideal marriage according to the Petalangan people. There are other restrictions on marriages among the Petalangan tribe, one of which is that partners cannot come from the same matrilineal clan (tribe). Since ancient times, there has been a ban on same-ethnic marriage, and some argue that breaking this rule can be fatal. People who do not comply with these rules face customary punishments, such as fines or expulsion from the Petalang tribe. In addition, this is in accordance with the decision of the traditional elders or ninik-mamak. This research is field research with a descriptive qualitative type of research with empirical and normative juridical approaches. This research concludes that: 1. The practice of marriage among the Malays in Lubuk Terap Village still follows the customary rules that have existed since the time of their ancestors. 2. The prohibition on same tribe Malay marriages in Lubuk Village has been around since ancient times. 3. There are no verses in the Qur'an and Hadith that oblige or prohibit same tribe marriage, as well as positive law marriage regulations. In the Indonesian legal system, such as the Islamic Law Compilation (KHI), there is also no prohibition on same tribe marriages. Because of this the law of carrying out this marriage is permissible. In addition, this rule does not apply to the general public, but only to the Malays in Riau. \u0000 \u0000 \u0000","PeriodicalId":102212,"journal":{"name":"Indonesian Journal of Shariah and Justice","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121120425","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Bagus Setiawan, Nova Yanti, Maleha Sekolah, T. Ekonomi, Dan Bisnis, Indominco Mandiri
Al-Qur'an has determined the amount of inheritance distribution to the heirs. Regarding the issue of inheritance distribution, Shahrur then criticized that inheritance distribution had so far been considered rigid and not in accordance with the demands of social development, especially with regard to the issue of inheritance distribution for women. Therefore, this article discusses inheritance from the perspective of Muhammad Shahrur. This research method is qualitative. The results of the research show that Shahrur criticizes the distribution of inheritance between men and women, which is proportional to 2:1, is not absolute, and can change according to certain conditions. The theory of hudud or limitations is a solution to solving problems regarding inheritance rights. Through his hudud theory, a fair and equitable distribution of inheritance can be realized if the number of men and women is the same, for example; 1 boy + 1 girl, 2 boys + 2 girls, and so on. In addition, Syahrur emphasized the priority of wills over the inheritance. This is because the choice is closer to the value of the principle of justice or equity.
{"title":"WARIS DALAM PRESPEKTIF PEMIKIRAN MUHAMMAD SHAHRUR: SEBUAH PENDEKATAN TEORI HUDUD","authors":"Bagus Setiawan, Nova Yanti, Maleha Sekolah, T. Ekonomi, Dan Bisnis, Indominco Mandiri","doi":"10.46339/ijsj.v3i1.45","DOIUrl":"https://doi.org/10.46339/ijsj.v3i1.45","url":null,"abstract":"Al-Qur'an has determined the amount of inheritance distribution to the heirs. Regarding the issue of inheritance distribution, Shahrur then criticized that inheritance distribution had so far been considered rigid and not in accordance with the demands of social development, especially with regard to the issue of inheritance distribution for women. Therefore, this article discusses inheritance from the perspective of Muhammad Shahrur. This research method is qualitative. The results of the research show that Shahrur criticizes the distribution of inheritance between men and women, which is proportional to 2:1, is not absolute, and can change according to certain conditions. The theory of hudud or limitations is a solution to solving problems regarding inheritance rights. Through his hudud theory, a fair and equitable distribution of inheritance can be realized if the number of men and women is the same, for example; 1 boy + 1 girl, 2 boys + 2 girls, and so on. In addition, Syahrur emphasized the priority of wills over the inheritance. This is because the choice is closer to the value of the principle of justice or equity.","PeriodicalId":102212,"journal":{"name":"Indonesian Journal of Shariah and Justice","volume":"88 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114211148","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper is intended to find a method of understanding maqâsid al-syarî'ah in Ijtihad of Islamic law. The method used is literature review using descriptive analysis. The study in this writing demonstrates that the method of understanding maqâsid al- syarî'ah has four forms of approach taken by experts, namely (1) lafziyah, (2) maknawiyah (3) meaning outside the text using Istihsân and Istislah (Maslahah al- Mursalah) and (4) lafziyah and meaning. While there are also contemporary thinkers who develop methods of understanding maqâsid al-syarî'ah with the term al-adillah al-syar'iyyah al-maqâsid al-syarî'ah iyyah divided into two methods: (1) al-adillah al-syar'iyyah al-maqâsid al-syarî'ah iyyah the development of al-adillah al-syar'iyyah ushul fiqh. (2) al-adillah al-syar'iyyah al-maqâsid al-syarî'ah iyyah excluding al- adillah al-syar'iyyah ushul fiqh. The urgency of this study is to create welfare, peace and happiness for humanity both in this world and in the hereafter and to answer problems in Islamic lawwhich do not find its law in the Qur'an and Sunnah.
{"title":"IJTIHAD ULAMA DALAM MERUMUSKAN METODE MEMAHAMI MAQÂSID AL-SYARÎ’AH","authors":"Zubair Rahman Saende, Lomba Sultan, Abdul Syatar","doi":"10.46339/ijsj.v3i1.43","DOIUrl":"https://doi.org/10.46339/ijsj.v3i1.43","url":null,"abstract":"This paper is intended to find a method of understanding maqâsid al-syarî'ah in Ijtihad of Islamic law. The method used is literature review using descriptive analysis. The study in this writing demonstrates that the method of understanding maqâsid al- syarî'ah has four forms of approach taken by experts, namely (1) lafziyah, (2) maknawiyah (3) meaning outside the text using Istihsân and Istislah (Maslahah al- Mursalah) and (4) lafziyah and meaning. While there are also contemporary thinkers who develop methods of understanding maqâsid al-syarî'ah with the term al-adillah al-syar'iyyah al-maqâsid al-syarî'ah iyyah divided into two methods: (1) al-adillah al-syar'iyyah al-maqâsid al-syarî'ah iyyah the development of al-adillah al-syar'iyyah ushul fiqh. (2) al-adillah al-syar'iyyah al-maqâsid al-syarî'ah iyyah excluding al- adillah al-syar'iyyah ushul fiqh. The urgency of this study is to create welfare, peace and happiness for humanity both in this world and in the hereafter and to answer problems in Islamic lawwhich do not find its law in the Qur'an and Sunnah.","PeriodicalId":102212,"journal":{"name":"Indonesian Journal of Shariah and Justice","volume":"122 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128134094","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The actualization of Islamic family law is a manifestation of legal reform in regulations, fatwas, and legislation, so that it can keep up with the times, and is more effective and more useful. Within the scope of the state, ulama's ijtihad and legislative policies are the basis for reforming Islamic family law, so that the actualization of the law is expected not only to suit the needs of the times but also to be the basis for the people to move forward. This research is presented in three areas of Muslim countries, namely Saudi Arabia, and Egypt. The two Muslim countries were chosen because of their work in the world and their position which is often a barometer of policy and reform of Islamic law in other countries. Furthermore, this study looks at how the two countries provide protection to women in family law reform and how the typology in family law reform is carried out with a literature study with data obtained from related literature and descriptive analysis and obtains the results that family law reform in Saudi Arabia there are still many polemics and problems that harm women, so efforts are needed to re-accredit family law reforms that can protect women, while in Egypt, efforts to protect women in family law have begun, but have not touched all aspects of family law.
{"title":"REAKTUALISASI PERLINDUNGAN PEREMPUAN DALAM HUKUM KELUARGA ISLAM DI ARAB SAUDI DAN MESIR","authors":"Neng Eri Sofiana, Dian Meiningtias","doi":"10.46339/ijsj.v3i1.46","DOIUrl":"https://doi.org/10.46339/ijsj.v3i1.46","url":null,"abstract":"The actualization of Islamic family law is a manifestation of legal reform in regulations, fatwas, and legislation, so that it can keep up with the times, and is more effective and more useful. Within the scope of the state, ulama's ijtihad and legislative policies are the basis for reforming Islamic family law, so that the actualization of the law is expected not only to suit the needs of the times but also to be the basis for the people to move forward. This research is presented in three areas of Muslim countries, namely Saudi Arabia, and Egypt. The two Muslim countries were chosen because of their work in the world and their position which is often a barometer of policy and reform of Islamic law in other countries. Furthermore, this study looks at how the two countries provide protection to women in family law reform and how the typology in family law reform is carried out with a literature study with data obtained from related literature and descriptive analysis and obtains the results that family law reform in Saudi Arabia there are still many polemics and problems that harm women, so efforts are needed to re-accredit family law reforms that can protect women, while in Egypt, efforts to protect women in family law have begun, but have not touched all aspects of family law.","PeriodicalId":102212,"journal":{"name":"Indonesian Journal of Shariah and Justice","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130140713","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Ahmad Abdullah Coronas, Abu Sanmas, Nirwan Umasugi, Harwis Harwis, Fatum Abubakar
The practice of polygamy without a permit in the East Bacan District, South Halmahera Regency. This study aims to find the main issues that underlie the occurrence of the practice of polygamy without a permit in the East Bacan District, South Halmahera Regency. This study is field research. The research method used is descriptive qualitative research, namely a type of research that provides a systematic and factual description of situations and events regarding factors, characteristics and relationships between phenomena, with theoretical, normative and empirical juridical approaches. This study concluded that the implementation of polygamy without a permit in East Bacan District was carried out through cases of premarital pregnancy and coupled with low public awareness regarding the importance of marriage procedures. The limited budget and human resources owned by the East Bacan District KUA in conducting outreach to the people of East Bacan District have triggered the lack of attention from the Office of the Religious Affairs Office of Bacan District to minimize the incidence of polygamy without a permit in East Bacan District. The implementation of polygamy without a permit in East Bacan District had legal impacts, including the weak legal status of marriage, the absence of birth certificates for children born in polygamous marriages without permission.
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