MILRev : Metro Islamic Law Review最新文献

Contemporary Islamic Politics in Tunisia: The Journey of Islamic Democracy Post-Arab Spring 突尼斯当代伊斯兰政治：阿拉伯之春后的伊斯兰民主历程

MILRev : Metro Islamic Law Review Pub Date : 2024-04-11 DOI: 10.32332/milrev.v3i1.8976

Ahmad Ash Shiddieqy, Padlan Padil Simamora, Dinda Difia Madina

{"title":"Contemporary Islamic Politics in Tunisia: The Journey of Islamic Democracy Post-Arab Spring","authors":"Ahmad Ash Shiddieqy, Padlan Padil Simamora, Dinda Difia Madina","doi":"10.32332/milrev.v3i1.8976","DOIUrl":"https://doi.org/10.32332/milrev.v3i1.8976","url":null,"abstract":"This study aimed to examine contemporary Islamic politics in Tunisia, specifically the democratic system Post-Arab Spring. The political struggle of Muslim countries triggered the Arab Spring movement, with Tunisia pioneering a Jasmine Revolution from 2010-2011 to obtain global attention. Furthermore, the investigation constitutes a literature review to analyze contemporary Islamic politics in Tunisia, specifically Post-Arab Spring. The influence of Islamic politics is an important issue, specifically in strengthening demands for democracy by analyzing the struggle in Tunisia. Therefore, this study provides the main focus of state democracy, which is a phenomenon of historical studies and political struggles. The analysis process is carried out in four stages, namely source finding, criticism, interpretation, and writing. The results show that there is a harmonious coexistence between Islam and democracy in Tunisia compared to other countries in the Middle East. The principles of democracy are evident in the organization of elections, freedom of speech, religious tolerance, and recognition of gender equality.","PeriodicalId":262005,"journal":{"name":"MILRev : Metro Islamic Law Review","volume":"4 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140716052","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}

引用次数: 0

Digital Rights and Women's Empowerment in Pakistan: An Analysis of Contemporary Islamic Legal Perspectives in the Age of Social Media 巴基斯坦的数字权利与妇女赋权：社交媒体时代的当代伊斯兰法律观点分析

MILRev : Metro Islamic Law Review Pub Date : 2024-04-11 DOI: 10.32332/milrev.v3i1.8642

Zainab Akmal, Sheikh Adnan Ahmed Usmani

{"title":"Digital Rights and Women's Empowerment in Pakistan: An Analysis of Contemporary Islamic Legal Perspectives in the Age of Social Media","authors":"Zainab Akmal, Sheikh Adnan Ahmed Usmani","doi":"10.32332/milrev.v3i1.8642","DOIUrl":"https://doi.org/10.32332/milrev.v3i1.8642","url":null,"abstract":"The examination of the convergence between digital rights and women's empowerment is conducted within the socio-legal framework in Pakistan, with particular emphasis on the influence of contemporary Islamic legal perspectives amidst increased social media engagement. Therefore, this study aimed to examine the evolving dynamics of women's participation in the digital space and the attendant impact on empowerment in Pakistan. The analysis discussed the origins and expansion of digital landscape and the influence of social media on people's lives. The qualitative study focused on Islamic teachings and the implications for rules in the digital world. In addition, data was collected through interviews with several women of different ages and backgrounds. Social media and digital platforms offered access to information, education, and opportunities for skills development. The results showed that women used digital platforms for entrepreneurship and economic empowerment. This supported economic independence and ethical business practices, in line with Islamic principles to seize opportunities. In the face of challenges and opportunities, the ethical dimensions were considered from an Islamic perspective. Emphasizing values such as justice, privacy, dignity, and the pursuit of knowledge could guide efforts to promote digital rights for women's empowerment in line with Islamic principles.","PeriodicalId":262005,"journal":{"name":"MILRev : Metro Islamic Law Review","volume":"81 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140712801","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}

引用次数: 0

Bank Interest in the Contemporary Era: Problem of Ad'afan Muda'afah Interpretation in Determining Law of Usury 当代的银行利息：确定高利贷法的 Ad'afan Muda'afah 解释问题

MILRev : Metro Islamic Law Review Pub Date : 2024-04-04 DOI: 10.32332/milrev.v3i1.8948

Karimuddin Karimuddin, Muhammad Haeqal, Rahmad Efendi, Marhadi Marhadi, A. Meidina

{"title":"Bank Interest in the Contemporary Era: Problem of Ad'afan Muda'afah Interpretation in Determining Law of Usury","authors":"Karimuddin Karimuddin, Muhammad Haeqal, Rahmad Efendi, Marhadi Marhadi, A. Meidina","doi":"10.32332/milrev.v3i1.8948","DOIUrl":"https://doi.org/10.32332/milrev.v3i1.8948","url":null,"abstract":"Usury in Islam is a prohibited system in the Qur'an and hadith. The system is not recognized in the modern banking system, leading to different opinions among Muslims in determining the legality of bank interest. Therefore, this research aimed to explore the contemporary law of bank interest, focusing on the different opinions among the mufasir on the definition of Ad'afan Muda'afah as a basis for determining the legality of usury. A normative method was adopted, and a literature review of several scholars was conducted on usury law and the interpretation of Ad'afan Muda'afah. The data was analyzed considering the modern banking system within the framework of Islamic law, particularly Maqashid Shari'ah. The results showed that the difference in the illat used for bank interest law varied in legal conclusions. Despite efforts to forbid bank interest, Muslims did not attain a definite solution to avoid this issue. Consequently, bank interest was temporarily sanctioned under certain conditions such as not being compounded, having low interest, and not comprising any form of persecution. To address this problem, Muslims should support the existence of Islamic bank producing muamalah products according to Islamic Sharia.","PeriodicalId":262005,"journal":{"name":"MILRev : Metro Islamic Law Review","volume":"26 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140744879","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}

引用次数: 0

Contemporary Islamic Law in Indonesia: the Fulfillment of Child Custody Rights in Divorce Cases Caused by Early Marriage 印度尼西亚当代伊斯兰法：在早婚导致的离婚案件中落实子女监护权

MILRev : Metro Islamic Law Review Pub Date : 2024-04-04 DOI: 10.32332/milrev.v3i1.8907

Ahmad Rusyaid Idris, Muhammad Khusaini, Syaiful Anwar Al-Mansyuri

{"title":"Contemporary Islamic Law in Indonesia: the Fulfillment of Child Custody Rights in Divorce Cases Caused by Early Marriage","authors":"Ahmad Rusyaid Idris, Muhammad Khusaini, Syaiful Anwar Al-Mansyuri","doi":"10.32332/milrev.v3i1.8907","DOIUrl":"https://doi.org/10.32332/milrev.v3i1.8907","url":null,"abstract":"A marriage license in Indonesia is only allowed to be granted to a man and woman from age 19 and above. The aim is to prevent early marriages which are very vulnerable to divorce due to the psychological immaturity of the couple. For example, Kotagajah Timur was observed to have a common case of divorce among underage people that married due to pregnancy outside of marriage. Therefore, this descriptive-analytical field study was conducted based on a phenomenological method. Moreover, data were collected using observation, interviews, and documentation. The results showed that divorcees from early marriages were unable to fulfill the provisions of Child Custody Rights. This was observed from the fact that the couple did not provide the required child protection after the divorce in addition to the non-fulfillment of other rights such as Nasab, Nafkah, Care (Hadhanah), and Child Education Patterns. Furthermore, the mother is required by the law to have full custody while the father provides living expenses. This requirement is observed to have been ignored because the mother is underage and lacks the maturity to perform the necessary obligations such as caring for and educating the children. Therefore, the children are discovered to be under the care of the parents of the mother.","PeriodicalId":262005,"journal":{"name":"MILRev : Metro Islamic Law Review","volume":"12 22","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140745709","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}

引用次数: 0

Legal Policy for Women Workers in Indonesia: A Review of Contemporary Islamic Law 印度尼西亚女工的法律政策：当代伊斯兰法述评

MILRev : Metro Islamic Law Review Pub Date : 2024-04-04 DOI: 10.32332/milrev.v3i1.9023

Abdul Rahim Hakimi, Citra Widyasari S, Mukarramah Mukarramah, Rahma Pramudya Nawang Sari

{"title":"Legal Policy for Women Workers in Indonesia: A Review of Contemporary Islamic Law","authors":"Abdul Rahim Hakimi, Citra Widyasari S, Mukarramah Mukarramah, Rahma Pramudya Nawang Sari","doi":"10.32332/milrev.v3i1.9023","DOIUrl":"https://doi.org/10.32332/milrev.v3i1.9023","url":null,"abstract":"The Indonesian government issued Regulation in Lieu of Law (Perppu) Number 2 Year 2022 on Job Creation by amending several contents of the regulation. After the issuance of the regulation, attention has been focused on the regulation of the protection of women in law. Therefore, this study aimed to determine the effect of Government Regulation on Job Creation regarding the welfare of women workers in the review of contemporary Islamic law through siyāsah dusturiyāh. The analysis was conducted through library study, using data sources acquired from the literature pertaining to the Government Regulation in Lieu of Law on Job Creation. The results showed that in contemporary Islamic legal study, the concept of siyāsah dusturiyāh emphasized policy formation to achieve benefits measured through Maqasid Shari'ah. According to Perppu, every citizen was able to secure employment and receive fair as well as dignified compensation and treatment in labor relations, including the protection of women workers. However, several aspects did not work in accordance with the objectives and had a negative impact on women workers. These included the threat of low wages, the expansion of the outsourcing system, and the obligation of prolonged leave, which no longer persisted. In this context, Perpu was not consistent with the purpose of the benefit of women workers.","PeriodicalId":262005,"journal":{"name":"MILRev : Metro Islamic Law Review","volume":"28 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140744622","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}

引用次数: 0

Reviving the Essence of Jihad in the Contemporary Era: Advocating Struggle and Solidarity for Palestine Through Boycott of Pro-Israel Products 在当代复兴圣战的本质：通过抵制亲以色列产品倡导巴勒斯坦的斗争与团结

MILRev : Metro Islamic Law Review Pub Date : 2024-04-04 DOI: 10.32332/milrev.v3i1.8971

Fawes Samudra, Akhmad Roja Badrus Zaman, Digdo Aji Mukti

引用次数: 0

The Comparative Study of the Protection of Women's Rights in Article 463 of the New Criminal Code with Law Number 36 of 2009 Concerning Health Perspective of Jaser Auda 新《刑法典》第 463 条与 2009 年第 36 号法律中对妇女权利保护的比较研究，关于 Jaser Auda 的健康观点

MILRev : Metro Islamic Law Review Pub Date : 2023-11-16 DOI: 10.32332/milrev.v2i2.7824

Ihwan Sormin, Zezen Zainul Ali

{"title":"The Comparative Study of the Protection of Women's Rights in Article 463 of the New Criminal Code with Law Number 36 of 2009 Concerning Health Perspective of Jaser Auda","authors":"Ihwan Sormin, Zezen Zainul Ali","doi":"10.32332/milrev.v2i2.7824","DOIUrl":"https://doi.org/10.32332/milrev.v2i2.7824","url":null,"abstract":"This research wants to see how Article 463 in the New Criminal Code accommodates and protects the interests and rights of women's reproductive health. In addition to analyzing how it accommodates women, this study also analyzes how Article 463 of the New Criminal Code is viewed from the perspective of Jaser Auda's Maqashid Syari’ah. Before entering into the analysis, this research first compares Article 463 with the Health Law and the Law on criminal acts of sexual violence. This research uses normative legal research methods using a statutory approach or statute approach. Data sources are obtained from literature including laws and regulations and other internet sources. Primary data sources in this study are Article 463 of Law Number 1 of 2023 concerning the New Criminal Code and Law Number 36 of 2009 concerning Health. The theory used is comparative legal theory and Jaser Auda's Maqashid Syari’ah theory as an analysis knife in solving problems. The results showed that Article 463 of the New Criminal Code compared to the health law is more accommodating to women's interests is the health law because it more broadly explains what is included in sexual violence which is not only focused on three dimensions, namely forced prostitution, rape and sexual slavery. In addition, in terms of considering the health of pregnant women, the health law is more accommodating because it provides exceptions to abortion for pregnant women who have emergency health conditions that endanger themselves and their babies. In Jaser Auda's perspective, this article is not in line with Maqashid Syari’ah because it does not interpret wisdom and justice for all universally, in this case, the woman.","PeriodicalId":262005,"journal":{"name":"MILRev : Metro Islamic Law Review","volume":"141 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139270522","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}

引用次数: 0

INTERPRETATION OF VERSES ON WOMEN IN POLITICS 解读有关妇女参政的诗句

MILRev : Metro Islamic Law Review Pub Date : 2023-06-30 DOI: 10.32332/milrev.v2i1.6872

Amalia Lathifah

引用次数: 0

COMPARISON OF THE CONCEPTS OF DEMOCRATIC AND SHURA SYSTEMS OF GOVERNMENT 民主政体与修罗政体概念之比较

MILRev : Metro Islamic Law Review Pub Date : 2023-06-30 DOI: 10.32332/milrev.v2i1.6862

Irhamdi Nasda

{"title":"COMPARISON OF THE CONCEPTS OF DEMOCRATIC AND SHURA SYSTEMS OF GOVERNMENT","authors":"Irhamdi Nasda","doi":"10.32332/milrev.v2i1.6862","DOIUrl":"https://doi.org/10.32332/milrev.v2i1.6862","url":null,"abstract":"The concept of a system of government of Democracy and Shura is often debated. Opinions related to the Islamic system of government are interconnected with the democratic system arises because in Islamic government, there is a concept of shura which is considered the same as the concept of democracy. Shura is a constitutional principle in Islamic nomocracy because, at the time of the Prophet SAW, the application pattern varied, then in the development of Islamic government. At the same time, democracy can be interpreted as a government managed by the people in a society. The people are important as the source of sovereignty and power. In this study, researchers describe the similarities and differences between democratic and shura government systems. In this study, the author used library research data collection techniques. Based on the research that has been done, it can be concluded that the difference between democratic and shura government systems is the source of democracy. The voice of the people is the legitimacy of the voice of God. Whereas in Shura, God's voice must be the people's voice. The similarity of the concept of shura with the idea of democracy is that they both recognize and respect the right of each individual to express an opinion. Conversely, both have the principles of equality, freedom, and justice in deliberation. \u0000Keywords: shura, democracy, government, system.","PeriodicalId":262005,"journal":{"name":"MILRev : Metro Islamic Law Review","volume":"29 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":"126476835","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}

引用次数: 0

THE PROBLEM OF THE JAKARTA HIGH COURT DECISION NUMBER 10 / PID. SUS-TPK/2021/PT DKI AGAINST Dr. PINANGKI SIRNA MALASARI, S. H., M. H 雅加达高等法院第10 / pid号判决的问题。su - tpk /2021/PT DKI对PINANGKI博士

MILRev : Metro Islamic Law Review Pub Date : 2023-06-30 DOI: 10.32332/milrev.v2i1.6930

N. Rahmah

引用次数: 0