Jurnal Hukum Islam最新文献_第3页

HUKUM KELUARGA PERSPEKTIF ANTROPOLOGI HUKUM 家庭法从法律人类学的角度来看

Jurnal Hukum Islam Pub Date : 2023-01-05 DOI: 10.24014/jhi.v22i2.15119

Arisman Arisman

引用次数: 0

PENGATURAN HARTA BERSAMA PASCA PERCERAIAN: STUDI KOMPARATIF HUKUM KELUARGA ISLAM INDONESIA DAN MALAYSIA

Jurnal Hukum Islam Pub Date : 2023-01-05 DOI: 10.24014/jhi.v22i2.17169

Kutbuddin Aibak, Inama Anusantari

{"title":"PENGATURAN HARTA BERSAMA PASCA PERCERAIAN: STUDI KOMPARATIF HUKUM KELUARGA ISLAM INDONESIA DAN MALAYSIA","authors":"Kutbuddin Aibak, Inama Anusantari","doi":"10.24014/jhi.v22i2.17169","DOIUrl":"https://doi.org/10.24014/jhi.v22i2.17169","url":null,"abstract":"Like marital bonds, divorce between husband and wife also has legal consequences. One of the legal consequences of divorce which is risky for disputes is joint property. The phenomenon of disputes over joint property between husband and wife after divorce has caused the writer's anxiety. The author is interested in comparing the conception of joint property between two countries, namely Indonesia and Malaysia, especially the Malaysian states of Selangor and Melaka. The choice of these two countries is because the two countries have similarities in several ways, namely in terms of religion, geography, climate and family resemblance. The purpose of this paper is to compare the conception of joint property in Indonesia and the states of Malaysia, namely Selangor and Melaka. The research method in this study uses the library method with a comparative approach, namely collecting data, comparing the data obtained and presenting the results. The results of the study show that the rules of joint property in Indonesia show that assets are divided equally. Meanwhile in Malaysia, it shows that the distribution of joint property is more concerned with the contributions made by both parties.","PeriodicalId":31992,"journal":{"name":"Jurnal Hukum Islam","volume":"11 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90304897","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

AKIBAT HUKUM TERHADAP PERUBAHAN PERJANJIAN PERKAWINAN DALAM PERATURAN MENTERI AGAMA NOMOR 19 TAHUN 2018 2018年，《宗教部长条例》第19条对婚姻契约变更的法律影响

Jurnal Hukum Islam Pub Date : 2023-01-05 DOI: 10.24014/jhi.v22i2.19436

Muhammad Hafis, Jumni Nelli, Nia Elmiati

引用次数: 0

Development of Sharia and Legal Studies in Australia 澳大利亚伊斯兰教法和法律研究的发展

Jurnal Hukum Islam Pub Date : 2022-12-08 DOI: 10.28918/jhi.v20i1.6506

Ann N. Black

{"title":"Development of Sharia and Legal Studies in Australia","authors":"Ann N. Black","doi":"10.28918/jhi.v20i1.6506","DOIUrl":"https://doi.org/10.28918/jhi.v20i1.6506","url":null,"abstract":"This research departs from concerns about an environmental crisis that encompasses deforestation, land-use change, habitat loss, land grabbing, water contamination, and soil degradation that we have faced. Meanwhile, the urgency of an Islamic response to fight those conditions should be more than simple actions like a religious lecture, Friday sermon, or green fatwa for around 1.9 billion Muslim communities around the world. Therefore, this study aims to critically analyze the Sharia contribution today to improve environmental protection by re-Islamization of forest and land law in modern ways, ultimately, to prevent the development and utilization of land and forest resources from continuing to fall into the vicious circle of the past. As an Islamic environmental law research, this study used a multidisciplinary approach, including historical approach, empirical approach, and conceptual approach; it also used a literature review method to synthesize research findings. This paper found that re-Islamized forests and land law could be an ongoing debate due to the differences of national and local legal characteristics that also depend on sharia position if it is an unequivocal discourse. Moreover, accommodating Sharia as an integral part of the state law shown a uniqueness and the flexibilities of Islamic doctrine and an affirmation of Muslim optimism to their faith of course a real contribution to involve in ecological right movement. On the other hand, considering the re-Islamization of forests and land law is an alternative source to enforce the ecological behaviours of the Muslim community to more pro-environment.","PeriodicalId":31992,"journal":{"name":"Jurnal Hukum Islam","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47096880","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

PENETAPAN MAHAR BAGI PEREMPUAN (Studi Kasus Di Desa Purba Baru Kecamatan Lembah Sorik Marapi Kabupaten Mandailing Natal)

Jurnal Hukum Islam Pub Date : 2022-10-05 DOI: 10.24014/jhi.v22i1.13942

Muhammad Ridwan

{"title":"PENETAPAN MAHAR BAGI PEREMPUAN (Studi Kasus Di Desa Purba Baru Kecamatan Lembah Sorik Marapi Kabupaten Mandailing Natal)","authors":"Muhammad Ridwan","doi":"10.24014/jhi.v22i1.13942","DOIUrl":"https://doi.org/10.24014/jhi.v22i1.13942","url":null,"abstract":"Abstrak This article discusses the method of determining the amount of dowry in the Purba Baru Village community, where Islam emphasizes that the dowry is something that is mandatory for the prospective groom to give to his future wife. However, in practice there is a shift in the meaning of the dowry itself among the people. Therefore, it is necessary to examine the practice of determining the dowry that occurred in the Purba Baru Village, and analyzed using Maqashid Syari'ah. The research method used is qualitative research (field research) and the method chosen is descriptive. Meanwhile, the population in this study is people who do marriages, and who set a high level of female dowry for the groom. The results showed that the type of dowry used in Purba Baru Village was the musamma dowry. As for the method of determination, it is determined by the parents or family of the prospective bride. However, female parents see the condition of their family and children from various aspects such as social status, economy, education, occupation and offspring. The higher the education level of the bride, the higher the value or dowry for her. Therefore, with the high value of the dowry that occurred in the village, there was a gap between men who wanted to get married, some even chose not to marry due to their low-middle economic status. Not only that, because he does not have a steady job so he is reluctant to get married.","PeriodicalId":31992,"journal":{"name":"Jurnal Hukum Islam","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76781958","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

HUKUM MENERIMA TITIPAN DAN MENJAGA BARANG PADA AKAD WADI’AH DALAM PERSPEKTIF ETIKA BISNIS ISLAM 从伊斯兰商业伦理的角度来看，该法律获得了认股权，并保留了与阿卡德瓦迪亚的货物

Jurnal Hukum Islam Pub Date : 2022-09-22 DOI: 10.24014/jhi.v22i1.10947

Dery Ariswanto

引用次数: 0

SANKSI PIDANA PELAKU POLIGAMI SIRI DI INDONESIA PERSPEKTIF MAQASHID SYARI’AH JASSER AUDA 在印度尼西亚对一夫多妻者的惩罚

Jurnal Hukum Islam Pub Date : 2022-09-22 DOI: 10.24014/jhi.v22i1.13798

Galuh Retno Setyo Wardani, Khoirul Hidayah

引用次数: 0

PRINSIP IQTISHODUNA DALAM PRAKTIK KONSUMSI MUSLIM 穆斯林消费中的IQTISHODUNA原则

Jurnal Hukum Islam Pub Date : 2022-08-21 DOI: 10.24014/jhi.v22i1.12293

Roisatun Kasanah

引用次数: 0

Negotiating Justice for Muslim Women in Banyumas District: Study of Dissolution of Marriages Due to Domestic Violence 为Banyumas地区穆斯林妇女争取正义:因家庭暴力而解除婚姻的研究

Jurnal Hukum Islam Pub Date : 2022-07-31 DOI: 10.28918/jhi.v20i1.6024

Bani Syarif Maula, Vivi Ariyanti

{"title":"Negotiating Justice for Muslim Women in Banyumas District: Study of Dissolution of Marriages Due to Domestic Violence","authors":"Bani Syarif Maula, Vivi Ariyanti","doi":"10.28918/jhi.v20i1.6024","DOIUrl":"https://doi.org/10.28918/jhi.v20i1.6024","url":null,"abstract":"A large number of divorce cases at the Banyumas Religious Court and the Purwokerto Religious Court were filed because of domestic violence. However, the Religious Courts did not use domestic violence as the basis for granting the divorce suit. In its ruling, the court only states that the grounds for divorce are constant quarrels. The increasing number of divorce cases indicates a change in gender relations and power relations between husband and wife in domestic life. The people of Banyumas generally have bilateral or parental kinship characteristics, and women are equal to men. This is in accordance with the Penginyongan culture, which places each individual in an egalitarian way. The husband-and-wife relationship model in Banyumas is senior-junior partner, namely the wife's position is not only as a complement to her husband, but also as a friend, because the wife makes an economic contribution even though the main breadwinner is still the husband. However, patriarchal culture also applies in such a kinship system, so that the husband has more power than the wife because of her position as the main breadwinner. Because of the weak position of women, the Religious Courts serve as the only place for Muslim women to seek justice in order to stop violence against themselves and resolve their domestic conflicts. Filing for divorce has allowed women to be active agents in determining their marital status.","PeriodicalId":31992,"journal":{"name":"Jurnal Hukum Islam","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41924778","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

Right of Women in the Family Law: A Zakir Naik Perspective 家庭法中的妇女权利:一个扎基尔·奈克的视角

Jurnal Hukum Islam Pub Date : 2022-07-31 DOI: 10.28918/jhi.v20i1.5638

A. Manaf

{"title":"Right of Women in the Family Law: A Zakir Naik Perspective","authors":"A. Manaf","doi":"10.28918/jhi.v20i1.5638","DOIUrl":"https://doi.org/10.28918/jhi.v20i1.5638","url":null,"abstract":"Zakir Naik is a phenomenal muslim preacher who also gives his thoughts on women's rights. According to Zakir Naik, women actually have an equal position with men even though the implementation varies. This paper is classified as literature research with a qualitative approach. This research method is content analysis of Zakir Naik's book about women in Islam. The data was collected thematically by referring to the analysis of Zakir Naik's primary book. The results of the study concluded that women have the right to choose or accept their partners. Women also have the right to divorce their husbands if they are polygamous and it is stipulated in a marriage contract. Regarding the rights as a wife, women should not be treated as slaves who take care of housework, women must be treated properly and with respect. As a mother, a woman deserves higher respect than a father's. In the economic realm, women may work but they are not obliged to give part of their assets to their husbands. However, women have the option to help their husbands if the husbands are unable to meet the economic needs of the family. In the realm of politics and leadership, women may serve as parliament members or government advisors, but Zakir Naik does not agree if women become presidents or prime ministers of a country.","PeriodicalId":31992,"journal":{"name":"Jurnal Hukum Islam","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48377150","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