Mazahib Pub Date : 2022-09-12 DOI: 10.21093/mj.v21i1.4649

F. Siregar

引用次数: 3

Ex-Officio Rights in Talak Divorce: 离婚中的当然权利:

Mazahib Pub Date : 2022-07-11 DOI: 10.21093/mj.v21i1.4219

Mulida Hayati, N. Ali

{"title":"Ex-Officio Rights in Talak Divorce:","authors":"Mulida Hayati, N. Ali","doi":"10.21093/mj.v21i1.4219","DOIUrl":"https://doi.org/10.21093/mj.v21i1.4219","url":null,"abstract":"Abstract \u0000Theoretically, judges have the ex-officio rights to protect the rights of women and children in divorce cases. This study examines the judges' considerations in applying Ex officio rights associated with the plaintiff's profession as Pegawai Negeri Sipil (PNS, Indonesian Civil Servant) and non-civil servant. This normative legal research employed a case study and conceptual approach. The data collection techniques of this study were obtained from interviews, document content, and literature review. This study highlighted several essential points. First, the judges’ reasoning for applying ex-officio rights, which is referred to the Article 41 paragraph (c) of Law Number 16 of 2019 and the Decree of the Chairman of the Supreme Court Number: KMA/032/SK/IV/2006 concerning the Enforcement of Guidelines for Administration of Justice in Court. Second, the judges’ decision did not contradict the Ultra Petita principle since the considerations are based on logical arguments and facts such as the husband’s earning capacity, the wife’s devotion, and the wife’s loyalty. The legal basis of judges' decisions on divorce cases involving civil servants is similar to ordinary divorce cases. The divorce case is only distinguished by the addition of the regulations concerning civil servants in the divorce case of civil servants. \u0000Keywords: Ex-Officio, Ex-wife Rights, Judges’ Considerations, Talak, Civil Servant","PeriodicalId":31362,"journal":{"name":"Mazahib","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42702417","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: 1

The Polemic of Pig Kidney Xenotransplantation for Human Life Sustainability: 猪肾异种移植对人类生命可持续性的影响：

Mazahib Pub Date : 2022-07-11 DOI: 10.21093/mj.v21i1.4379

Arisy Abror Dzukroni

{"title":"The Polemic of Pig Kidney Xenotransplantation for Human Life Sustainability:","authors":"Arisy Abror Dzukroni","doi":"10.21093/mj.v21i1.4379","DOIUrl":"https://doi.org/10.21093/mj.v21i1.4379","url":null,"abstract":"End-stage renal disease (ESRD) cases continue to increase. However, the increase in cases of ESRD is not matched by the supply of kidneys as a condition for being able to perform a kidney transplant. Although this is not the only way to treat this case, it is only with a kidney transplant that the patient can truly recover. New York University Langone's success in xenotransplantation procedure using a genetically engineered pig kidney has become a new polemic in Islamic law issues. According to Islamic law, a pig has forbidden legal status (haram). This article analyzes the practice of xenotransplantation of pig kidneys in the human body using the concept of “Halal-haram” by Yusuf al-Qaradawi and “Maslahah” by Harun Sencal & Mehmet Asutay. This study is a qualitative method using a library research approach. This study found that it is permissible to do prohibited things during an emergency (daruriyat). In addition, in the realm of maslahah, hajiyat cannot beat daruriyat. Finally, summing up from these two Islamic scholars’ thoughts indicates that pig kidney xenotransplantation is prohibited as long as other alternatives to treat ERSD patients are available. Some options might be taken, such as hemodialysis and blood filtration (CAPD); therefore, it cannot be considered an emergency. \u0000Keywords: Pig kidney xenotransplantation, Islamic legal thoughts, halal-haram concept, principle of mashlahah ","PeriodicalId":31362,"journal":{"name":"Mazahib","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41907815","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

Globalization and the Paradigm of Islamic Law Implementation in Aceh 全球化与亚齐实施伊斯兰法律的范例

Mazahib Pub Date : 2022-07-11 DOI: 10.21093/mj.v21i1.4323

Daniel Murdani

{"title":"Globalization and the Paradigm of Islamic Law Implementation in Aceh","authors":"Daniel Murdani","doi":"10.21093/mj.v21i1.4323","DOIUrl":"https://doi.org/10.21093/mj.v21i1.4323","url":null,"abstract":"Abstract \u0000This paper aims to identify and describe the global challenges that have influenced the Islamic law implementation in Aceh. Further, this article analyses Aceh's Islamic sharia law implementation paradigm based on these global challenges. This article is qualitative research with a descriptive analysis approach. The study found that the challenges of globalization that influenced the Islamic sharia law implementation in Aceh have multi-dimension issues. Those multi-dimension issues are privatization of religion, a decrease in family relationships, demographic revolution, the emergence of an artificial environment, the threat of species extinction and dangers to the climate and tropical forests, the emergence of new moral standards, appearance of innovations such as synthetic food, crime-based technology, knowledge-based education, and other disasters. Based on these global challenges, the Islamic sharia law implementation in Aceh needs a new paradigm. A new paradigm has to be connected with values, problems, and responsive and anticipative methods of Islamic sharia implementation. Implementing Islamic values constitutes the mission of protecting human rights, including protecting religion, life, property, generation, reason, honor, and the environment. \u0000Keywords: Globalization, Islamic Sharia, Islamic law implementation in Aceh","PeriodicalId":31362,"journal":{"name":"Mazahib","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45355347","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: 3

Islamic Legal Status on Hajj for Transgender People according to Muslim Scholars in North Sulawesi 北苏拉威西穆斯林学者对跨性别者朝觐的伊斯兰法律地位

Mazahib Pub Date : 2022-07-11 DOI: 10.21093/mj.v21i1.4280

Nasruddin Yusuf, Evra Willya, Ahmad Rajafi, Irfan Djabli

{"title":"Islamic Legal Status on Hajj for Transgender People according to Muslim Scholars in North Sulawesi","authors":"Nasruddin Yusuf, Evra Willya, Ahmad Rajafi, Irfan Djabli","doi":"10.21093/mj.v21i1.4280","DOIUrl":"https://doi.org/10.21093/mj.v21i1.4280","url":null,"abstract":"Abstract \u0000This study investigates the perceptions of scholars concerning transgender people's legal status on their Hajj ritual validity. In North Sulawesi, seven scholars are considered the opinion-makers and authorities following their understanding of Hajj ritual procedures in Islamic law. The data were analyzed using qualitative methods through interviews and the needs theory by al-Shāṭibī, Ibn Khaldun, and Maslow. The results showed that the gender status of those yet to transition remains original. In contrast, the transitioned transgenders’ status should change to the original law following the court's decision. Second, the scholars approved Hajj rituals for those yet to transition because they had their actual gender and sex. Furthermore, Hajj rituals for transgenders were also legally acceptable in Islamic law following the new status exception by the court. The transgenders' Hajj rituals are valid based on their initial gender or the court's decision. The hajj practices are invalid for those who illegally transition or without court approval. \u0000Keywords: Hajj conception, Hajj rituals, transgender people, Ulama in North Sulawesi, Manado.","PeriodicalId":31362,"journal":{"name":"Mazahib","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46361486","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: 1

Settlement of Waqf Disputes and its Asset Protection in East Java, Indonesia 印尼东爪哇宗教基金争端的解决及其资产保护

Mazahib Pub Date : 2022-02-17 DOI: 10.21093/mj.v20i2.3833

M. Mahrus

{"title":"Settlement of Waqf Disputes and its Asset Protection in East Java, Indonesia","authors":"M. Mahrus","doi":"10.21093/mj.v20i2.3833","DOIUrl":"https://doi.org/10.21093/mj.v20i2.3833","url":null,"abstract":"Waqf is commonly defined as an endowment made by Muslims to a religious cause. By this definition, waqf is a spiritual practice with a divine aspect for Muslim people. In Indonesia, the implementation of Waqf is regulated in national law and adjacent to a kind of private law. Because waqf is similar to a sort of private law in Indonesia, it is possible for waqf in the future to have a dispute around property rights dissatisfaction. This article determines a determinant factor of waqf disputes in Indonesia, especially East Java. This article is an empirical legal study by looking at phenomena background of the waqf dispute and mapping out a model of waqf dispute resolution overcame by several parties. This article finds that waqf disputes in Indonesia are caused by several determinant factors, such as recognition of ownership of the founder’s family (wāqif), changes in the aims and objectives of waqf assets, and abandonment waqf assets. The result of this study reveals that maṣlalah – as a principle of Islamic law objectives – becomes a consideration in formulating a model of waqf dispute resolution. Efforts to resolve waqf disputes are often taken in two ways: first, legalizing waqf assets through religious courts. Second, the conflicts are usually resolved through either formal or informal mediation processes. Thus, litigation and non-litigation of legal process play an active role in resolving waqf disputes in Indonesia. \u0000Keywords: Waqf, settlement of waqf dispute, maṣlahah, waqf assets in Indonesia.","PeriodicalId":31362,"journal":{"name":"Mazahib","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-02-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49531092","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

Baby Dumping in Malaysia and Indonesia: Between National Regulation and Islamic Criminal Law 马来西亚和印度尼西亚的婴儿倾倒事件：介于国家监管和伊斯兰刑法之间

Mazahib Pub Date : 2022-02-11 DOI: 10.21093/mj.v20i2.3361

Maisyarah Rahmi Hasan, N. Azman

{"title":"Baby Dumping in Malaysia and Indonesia: Between National Regulation and Islamic Criminal Law","authors":"Maisyarah Rahmi Hasan, N. Azman","doi":"10.21093/mj.v20i2.3361","DOIUrl":"https://doi.org/10.21093/mj.v20i2.3361","url":null,"abstract":"This study aims to analyze the problem of baby dumping that happened in Malaysia and Indonesia according to regulation and Islamic Law (Fiqh al-Jinayah). As known, both countries are majority Muslims population which have similarities in terms of culture and customs. However, baby dumping cases are still happening in these countries, increasing every year. So it needs to be studied more deeply, considering that both countries have implemented laws related to the prohibition of baby dumping. This research is a normative method by descriptive qualitative type. This study concludes that baby dumping cases are not a light problem but a big problem that must resolve with the support of all parties. Some factors that influence a person in baby dumping cases are pregnancies outside of marriage, lack of education with knowledge of sex, embarrassment with the surrounding community. From the laws regulated in Malaysia and Indonesia, the perpetrators of this baby disposal can be subject to the most severe punishment as regulation implemented in both countries. However, the punishment for the perpetrators is still limited to imprisonment. Even if the perpetrators are children, child protection rules are applied. This punishment in Islam is categorized as ta'zir punishment. \u0000Keywords: Baby Dumping, Children, Islamic Law, Islamic Criminal Law","PeriodicalId":31362,"journal":{"name":"Mazahib","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-02-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43054805","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: 1

Equality of Rights and Courts: Constitutional-Based Arguments on the Fixed-Standard of Minimum Age for Marriage in Lights of Maqāshid al-Syarīah 权利平等与法院平等:从Maqāshid al-Syarīah的角度看法定最低结婚年龄的宪法论证

Mazahib Pub Date : 2022-02-03 DOI: 10.21093/mj.v20i2.3645

Muhammad al Maliki, J. Muslimin, A. Asmawi

{"title":"Equality of Rights and Courts: Constitutional-Based Arguments on the Fixed-Standard of Minimum Age for Marriage in Lights of Maqāshid al-Syarīah","authors":"Muhammad al Maliki, J. Muslimin, A. Asmawi","doi":"10.21093/mj.v20i2.3645","DOIUrl":"https://doi.org/10.21093/mj.v20i2.3645","url":null,"abstract":"This study presents the dynamics of constitutional-based arguments in the discourse of fixed-standard of minimum age for marriage through the judicial review mechanism at the Constitutional Court. Two decisions contain this provision. In the first decision (No. 30-74/PUU/XII/2014), the Court rejected reviewing the law. Meanwhile, the Court partially granted the request in the second decision (No. 27/PUU/XV/2017). This study aims to analyze the dynamics of changes in these provisions: constitutional-based arguments and their logic of legal reasoning. This article is written by applying a case and conceptual approach. Legal cases are derived from several documents analyzed using ideas and theories of teleological dimensions in Islamic law. The study results revealed that the change in the provisions was caused by differences in the Judge’s legal considerations in the two Court decisions resulting from different philosophical perspectives originating from the articles of legal texts. Those considerations and changes are in accordance with maqāshid al- syarī’ah: the efforts to fulfill the protection of the soul (hifẓ al- nafs), property (hifẓ al- māl), and honor (hifẓ al- irdh). \u0000Keywords \u0000Equality of Rights, Legal Reasoning, Constitutional Court, Minimum Age For Marriage, Maqāshid al- Syarī’ah.","PeriodicalId":31362,"journal":{"name":"Mazahib","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-02-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44191264","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: 1

Politics of Law in Qanun Reformulation in Aceh: The Establishment of Wali Nanggroe Institution 亚齐改革中的法律政治——瓦利·南格罗制度的建立

Mazahib Pub Date : 2022-01-21 DOI: 10.21093/mj.v20i2.3387

Delfi Suganda, Retno Saraswati, Nabitatus Sa’adah

{"title":"Politics of Law in Qanun Reformulation in Aceh: The Establishment of Wali Nanggroe Institution","authors":"Delfi Suganda, Retno Saraswati, Nabitatus Sa’adah","doi":"10.21093/mj.v20i2.3387","DOIUrl":"https://doi.org/10.21093/mj.v20i2.3387","url":null,"abstract":"The Wali Nanggroe Institution is an authoritative religious local institution in Aceh, Indonesia. This Institution was found as a mandate from the Helsinki MoU and it was stated into Law No. 11 of 2006 concerning Aceh Governance which was later translated into Qanun No. 8 of 2012 concerning the Wali Nanggroe Institution. The establishment of Wali Nanggroe Institution brought some controversial issues in constitutional law in Indonesia, one of which is the requirement to become the institutional leader of Wali Nanggroe as regulated in the Qanun of the Wali Nanggroe Institution. This article will focus on the reformulation of the Qanun of the Wali Nanggroe Institution in Aceh by looking at political and legal aspects. This article is qualitative research with a non-doctrinal legal approach. The finding of this article indicates that the Qanun of the Wali Nanggroe Institution has been renewed twice. Nevertheless, there has been no significant renewal in the field of requirements to become an institutional leader of Wali Nanggroe. Summing up, this article reveals that the subordinates of the reform have not touched on substantive matters relating to the public interest, resulting in the absence of legal certainty for the people of Aceh. \u0000Keywords: Politics of Law, Qanun in Aceh, Wali Nanggroe Institution","PeriodicalId":31362,"journal":{"name":"Mazahib","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43397577","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: 1

Analysis of Patterns for Inheritance Dispute Settlement in the Tradition of Sasak Community in Lombok 龙目岛Sasak社区传统遗产纠纷解决模式分析

Mazahib Pub Date : 2022-01-12 DOI: 10.21093/mj.v20i2.3774

Zainal Arifin Haji munir

{"title":"Analysis of Patterns for Inheritance Dispute Settlement in the Tradition of Sasak Community in Lombok","authors":"Zainal Arifin Haji munir","doi":"10.21093/mj.v20i2.3774","DOIUrl":"https://doi.org/10.21093/mj.v20i2.3774","url":null,"abstract":"There are several ways conducted by Muslims in solving the problem of inheritance division in Lombok. This article aimed at looking at several patterns of inheritance dispute resolution in the Lombok people tradition (Sasak community. It is derived from qualitative field research by using both theoretical and empirical legal approaches. The data was obtained using observation, interview, and documentation techniques. Lombok people often postpone dividing the inheritance, which eventually causes problems. According to Lombok customary law, postponing inheritance is carried out due to several cultural factors, i.e.: the existence of the parent (either father or mother), the existence of the heirs, and the condition of the heirs. Apart from these factors, several consequences arise including loss of ownership rights, changes in inheritance portion, loss of inheritance rights, vulnerability to manipulation, and triggering family conflicts. The results indicate that: first, the inheritance land division is conducted in different ways such as grants, discussion, and faraid. Second, factors influencing the land dispute cases are greed and lack of information about the inheritance legal system. Third, revitalization is important because it is ruled out in Islamic teachings and is considered absolute for Islam society. This research concludes that the Islamic Inheritance legal system is the proper method to settle land disputes in the Sasak community. \u0000Keywords: Islamic inheritance, postponing inheritance, settlement of inheritance disputes.","PeriodicalId":31362,"journal":{"name":"Mazahib","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42252849","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: 3

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