AlAhwal Jurnal Hukum Keluarga Islam最新文献_第2页

Gender, Economy, and the Law: Women Entrepreneurs in Indonesian and Islamic Legal Perspectives 性别、经济与法律:印尼与伊斯兰法律视角下的女性企业家

AlAhwal Jurnal Hukum Keluarga Islam Pub Date : 2023-06-20 DOI: 10.22373/sjhk.v7i2.17944

Nur Hidayah

{"title":"Gender, Economy, and the Law: Women Entrepreneurs in Indonesian and Islamic Legal Perspectives","authors":"Nur Hidayah","doi":"10.22373/sjhk.v7i2.17944","DOIUrl":"https://doi.org/10.22373/sjhk.v7i2.17944","url":null,"abstract":"The relationship between women, the economy, and state law in Muslim countries has generated intense debate about whether such laws have promoted or inversely impeded women's rights and gender equality. This study aims to assess women's economic rights, especially in entrepreneurship, in Indonesia from the state and Islamic legal perspectives. It is qualitative research with the juridical and sociological legal approach by analyzing the dimensions of report on entrepreneurship in Women, Business, and the Law 2023 achieved by Indonesia, Law state-related, and Islamic Law. It finds that Indonesia has promoted women's economic rights, including entrepreneurship, in the state law, despite some room for improvement. Women have the same rights to business licenses, enter into contracts or agreements, and open bank accounts, despite a lack of affirmative actions for access to credits for women entrepreneurs. As the biggest Muslim country in the world, Islamic law has influenced such state law. Islam has granted women the right to be self-employed, despite some cultural barriers to achieving gender equality. The government is expected to promote women's economic rights, including the ones on entrepreneurship, and needs to overturn the prevailing gender norms that assign women multiple burdens.","PeriodicalId":55821,"journal":{"name":"AlAhwal Jurnal Hukum Keluarga Islam","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135187531","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

Islamic Law on Animal Rights and Welfare in the Sri Lankan Context: An Islamic Analysis on the Animal Welfare Bill of 2006 斯里兰卡背景下的伊斯兰动物权利和福利法:2006年动物福利法案的伊斯兰分析

AlAhwal Jurnal Hukum Keluarga Islam Pub Date : 2023-06-20 DOI: 10.22373/sjhk.v7i2.16020

A. Long, Ahamed Sarjoon Razick, I. Saujan

{"title":"Islamic Law on Animal Rights and Welfare in the Sri Lankan Context: An Islamic Analysis on the Animal Welfare Bill of 2006","authors":"A. Long, Ahamed Sarjoon Razick, I. Saujan","doi":"10.22373/sjhk.v7i2.16020","DOIUrl":"https://doi.org/10.22373/sjhk.v7i2.16020","url":null,"abstract":"The almighty Allah (SWT) has created all living beings, humans, birds, animals and insects. He is who strongly asks people to treat animals with compassion and not to abuse them which are worthy of consideration and respect. In Sri Lanka, varying concepts are followed among different communities: Buddhists and Hindus consider slaughtering quadrupeds as a cruel act. Meanwhile, Muslims consider the similar act as a divine obligation (Qurbani and Uluhiyya). This study compares the Animal Welfare Bill, initiated by the Commission of Law of Sri Lanka on 2006, with the tenets of Islamic Law (Shariah) through a review of literature and thematic content analysis to identify areas where the right of the animal is violated. According to Animal Welfare Bill of 2006, these areas refer to the slaughter of animals for meals, transport of animals, use of live animals for scientific purposes, and cruelty relating to animals. These identified areas coincide with the identified areas espoused by the Prophet Mohamed (PBUH), and a solution produced to prevent such violation with the instruction of almighty Allah around 1400 years ago.","PeriodicalId":55821,"journal":{"name":"AlAhwal Jurnal Hukum Keluarga Islam","volume":"18 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89055149","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

Progressiveness of Islamic Economic Law in Indonesia: The Murā‘at Al-‘Ilal wa Al-Maṣāliḥ Approach 印度尼西亚伊斯兰经济法的进步:mur' at Al- ' Ilal wa Al-Maṣāliḥ方法

AlAhwal Jurnal Hukum Keluarga Islam Pub Date : 2023-06-20 DOI: 10.22373/sjhk.v7i2.17601

H. Hasanudin, Jaih Mubarok, Muhammad Al-Fayyad Maulana

{"title":"Progressiveness of Islamic Economic Law in Indonesia: The Murā‘at Al-‘Ilal wa Al-Maṣāliḥ Approach","authors":"H. Hasanudin, Jaih Mubarok, Muhammad Al-Fayyad Maulana","doi":"10.22373/sjhk.v7i2.17601","DOIUrl":"https://doi.org/10.22373/sjhk.v7i2.17601","url":null,"abstract":"Islamic economic law is unresponsive and tends to be legal-formal in supervising Sharia finance and economic development. Economics, in fact, emphasizes the aspects of flexibility and convenience. This study aims to reveal the response of fatwas to economic and financial developments using the murā‘at al-‘ilal wa al-maṣāliḥ approach. The study use qualitative research method. The study used qualitative research methods, analyzed using the proposed fiqh and fiqh approaches. The data studied is the fatwa of the National Sharia Council (Dewan Syariah Nasional/DSN) of the Indonesian Ulema Council (Majelis Ulama Indonesia/MUI). This fatwa is examined by comparing chronologically the time, the opinion of the clergy, and economic developments. The three fatwas became the focus and debate of scholars examined to find patterns in responding to the needs of financial and economic transactions. As a result, fatwas are dynamic and responsive to industry needs. The law can change since the legal reasons (‘illat) behind it also changes. The existence of a law lies in how the cause of the law works; hence, in fatwa, there are things changing and some are permanent legal provisions. This finding has implications for corrections to previous legal provisions and changes to contracts made between financial institutions and clients.","PeriodicalId":55821,"journal":{"name":"AlAhwal Jurnal Hukum Keluarga Islam","volume":"105 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74269178","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

Gender Justice in Inheritance Distribution Practices in South Aceh, Indonesia 印度尼西亚南亚齐遗产分配实践中的性别公正

AlAhwal Jurnal Hukum Keluarga Islam Pub Date : 2023-06-20 DOI: 10.22373/sjhk.v7i2.16688

Harnides Harnides, Syahrizal Abbas, K. Hasballah

{"title":"Gender Justice in Inheritance Distribution Practices in South Aceh, Indonesia","authors":"Harnides Harnides, Syahrizal Abbas, K. Hasballah","doi":"10.22373/sjhk.v7i2.16688","DOIUrl":"https://doi.org/10.22373/sjhk.v7i2.16688","url":null,"abstract":"This paper explores the practices of inheritance distribution among the people of South Aceh who commonly divide inheritance property based on customary inheritance law. Heirs receive their shares of inheritance not according to Islamic law (furudh al-muqaddarah), as both male and female heirs earn equal portions. The study of this paper aims to examine the concept of Islamic inheritance law from the perspective of gender equity, the pattern of interaction and formation of customary inheritance law in social institutions, and the basis for the community beliefs in dividing inheritance according to the custom and culture of South Aceh. The study obtained data by observing the practices of inheritance distribution in South Aceh and conducting in-depth interviews with the community figures, the representatives of Ulema Consultative Assembly (Majelis Permusyawaratan Ulama/MPU), and the judges at the Tapaktuan Sharia Court using an empirical juridical approach. The results of the study revealed that the concept of Islamic inheritance law has been an alternative and in line with the principle of gender justice for women in South Aceh as a manifestation of the principle of balanced justice. This principle has been reflected in the patterns of inheritance distribution through the respective customary law mechanisms in accordance with the agreement of all heirs. The people in South Aceh have preferred to divide inheritance through the customary law as it has been more flexible and taken into account the socio-economic conditions and values developed in their community.","PeriodicalId":55821,"journal":{"name":"AlAhwal Jurnal Hukum Keluarga Islam","volume":"61 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86989218","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

Measures to Curb Polygamy Scams in Malaysia: A Legal Perspective 遏制马来西亚一夫多妻骗局的措施:法律视角

AlAhwal Jurnal Hukum Keluarga Islam Pub Date : 2023-06-20 DOI: 10.22373/sjhk.v7i2.16031

Mat Noor Mat Zain, Ahmad Faris Zikri Mahsor, Norhoneydayatie Abdul Manap

{"title":"Measures to Curb Polygamy Scams in Malaysia: A Legal Perspective","authors":"Mat Noor Mat Zain, Ahmad Faris Zikri Mahsor, Norhoneydayatie Abdul Manap","doi":"10.22373/sjhk.v7i2.16031","DOIUrl":"https://doi.org/10.22373/sjhk.v7i2.16031","url":null,"abstract":"The law relating to polygamy is practically weak due to the lightly punishment imposed, re-registration in the Court is allowed if the marriage is legal. This makes society more vulnerable and affected to polygamy without permission and unknowingly fall into polygamy scams. Polygamy scams are becoming increasing prevalent in Malaysia even though this phenomenon has existed for a long time. This form of marriage cannot be validated if the courts do not grant permission, procedures are not adhered to or there is an element of manipulation. This scheme occurs due to several factors, including the role of certain individuals, syndicate, and the legislation. Therefore, this qualitative study used the case study approach to explain the concept of polygamy scam and examine proactive measures aimed at curbing polygamy scams from a legal perspective. Data were collected using the content analysis and interview methods. The data were analyzed on a thematic and descriptive method. Findings indicate that a polygamy scam is a matrimonial offense that is liable to prosecution in the Syariah Courts. It was also found that there is a need for standardization, empowerment, and law enforcement at the federal and state levels. Several initiatives were suggested, such as appropriate punishment imposed on the masterminds behind the polygamy scams, complaints should be filed whenever a case arises and increasing the number of awareness programs aimed at curbing or even eradicating polygamy scam activities altogether. The implication of this study is that the governments and stakeholders need to play important role in enforcing laws on polygamous offences without permission including scam activities.","PeriodicalId":55821,"journal":{"name":"AlAhwal Jurnal Hukum Keluarga Islam","volume":"32 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81436874","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

Living Qur’an, Gender, and Sibaliparriq, in Mandar, Indonesia: Cultural Construction in the Perspective of Islamic Law 活古兰经、性别、Sibaliparriq，在印尼曼达尔:伊斯兰教法视角下的文化建构

AlAhwal Jurnal Hukum Keluarga Islam Pub Date : 2023-06-20 DOI: 10.22373/sjhk.v7i2.17892

Bahruddin Umar Yakub, Husain Husain, Abidin Nurdin, N. Nurhayati, Miftah Khilmi Hidayatulloh

{"title":"Living Qur’an, Gender, and Sibaliparriq, in Mandar, Indonesia: Cultural Construction in the Perspective of Islamic Law","authors":"Bahruddin Umar Yakub, Husain Husain, Abidin Nurdin, N. Nurhayati, Miftah Khilmi Hidayatulloh","doi":"10.22373/sjhk.v7i2.17892","DOIUrl":"https://doi.org/10.22373/sjhk.v7i2.17892","url":null,"abstract":"Cultural construction creates an unequal understanding of gender between men and women. This construction causes women to live in marginal and unfair conditions. This article aims to examine the concept of sibaliparriq in the construction of Mandar culture as associated with the living Qur'an. This study is a qualitative study using the Living Al-Qur'an approach and is analyzed using gender theory and the sociology of Islamic law. Data was collected through interviews, observation, and a literature review. This research finds that sibaliparriq, in the concept and application of Mandar, is a woman's willingness to help her husband in the household. Sibaliparriq is interpreted as affection (siasayanni), caring (siamanaoang pa'mai), brotherhood (palluluareang), and sincerity (sukku' mattulung). Sibaliparriq is related to the concept of gender in the Qur'an, and there is no contradiction between them, so that the cultural construction is also equal and balanced. Both position women in an honorable and dignified manner; they are seen as Allah's creatures who live to help each other; the difference between the two is only in piety (taqwa). Sibaliparriq is an application of the living Qur'an which is practiced in the life of the Mandar people, namely helping each other (ta’awūn) for good in household life. Sociologically, this has implications for Islamic and customary laws that are well integrated into society.","PeriodicalId":55821,"journal":{"name":"AlAhwal Jurnal Hukum Keluarga Islam","volume":"52 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75624966","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

Al-Buti's Thoughts on Maslāhah and Its Application in the Fatwa of World Fatwa Institutions Al-Buti对Maslāhah的思考及其在世界法特瓦机构法特瓦中的应用

AlAhwal Jurnal Hukum Keluarga Islam Pub Date : 2023-06-18 DOI: 10.22373/sjhk.v7i2.17552

Abdurrahman Dahlan, Bagus Haziratul Qodsiyah, A. Azizah, A. Asmawi, Djawahir Hejazziey

{"title":"Al-Buti's Thoughts on Maslāhah and Its Application in the Fatwa of World Fatwa Institutions","authors":"Abdurrahman Dahlan, Bagus Haziratul Qodsiyah, A. Azizah, A. Asmawi, Djawahir Hejazziey","doi":"10.22373/sjhk.v7i2.17552","DOIUrl":"https://doi.org/10.22373/sjhk.v7i2.17552","url":null,"abstract":"This study aims to explore and analyze al-Buti's thoughts on maslahah (public interest) and its application issued by world-prominent Fatwa Institutions, namely Ḍār al-Iftā al-Miṣriyah in Egypt, Ḍār al-Iftā al-‘Irāqiyah in Iraq, and al-Majlis al-Islamī al-Sūrī in Syria. The research adopts a normative method, employing conceptual, literary, and sociological approaches that is analyzed descriptively. The findings of this research focus on the application of al-Buti's concept of maṣlaḥah to the online marriage contract fatwas issued by the aforementioned Fatwa Institutions. The results indicate that these fatwas do not align with a credible interpretation of maṣlaḥah within Islamic law. Further, it can be seen that two key points support this conclusion: (i) they contradict the maqāṣid sharī'ah (objectives of Islamic law), particularly the highest objective of preserving religion (hiẓ al-dīn), and (ii) the urgency of maṣlaḥah in the context of online marriage contracts varies and cannot be universally applied. This research contributes to the enhancement of fatwa decision-making processes in Indonesia.","PeriodicalId":55821,"journal":{"name":"AlAhwal Jurnal Hukum Keluarga Islam","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86844216","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

Parenting Education in Islamic Families within the Framework of Family Resilience in Aceh, Indonesia 印度尼西亚亚齐省家庭复原力框架内伊斯兰家庭的养育教育

AlAhwal Jurnal Hukum Keluarga Islam Pub Date : 2023-06-17 DOI: 10.22373/sjhk.v7i2.17901

B. Abubakar, S. Sanusi, R. Razali, Taat Kurnita Yeniningsih, M. Mujiburrahman

{"title":"Parenting Education in Islamic Families within the Framework of Family Resilience in Aceh, Indonesia","authors":"B. Abubakar, S. Sanusi, R. Razali, Taat Kurnita Yeniningsih, M. Mujiburrahman","doi":"10.22373/sjhk.v7i2.17901","DOIUrl":"https://doi.org/10.22373/sjhk.v7i2.17901","url":null,"abstract":"Parenting education plays an important role in fostering healthy family character, supporting child development, and ensuring family resilience. This research aims to apply Islamic values in parenting practices, examine the role of culture and community support, understand challenges and parenting strategies, analyze gender roles, and assess the effectiveness of parenting education programs in Aceh. The study uses qualitative methods, and analysis using parenting theory. Semi-structured interviews and literature studies were used to collect data. The analysis includes coding of qualitative data, classification, and interpretation. Ethical considerations are enforced throughout the research process, to ensure respondent consent, privacy, and confidentiality and address potential researcher bias. The results of the study concluded that parenting education requires support from Islamic values, culture, community encouragement, fair and good parenting, gender roles, and parenting education programs. Parenting education for Islamic families in Aceh based on religious values (such as monotheism and piety) and Islamic culture has been proven to create family resilience. The tsunami incident is clear evidence of the resilience of the Acehnese family based on Islamic values and religious culture. On the other hand, religious leaders and educators can encourage and enhance this parenting education model in society. The findings of this study have practical implications for developing parenting education programs and interventions that are sensitive to values and culture in promoting well-being, the Islamic family model and family resilience in Aceh, Indonesia.","PeriodicalId":55821,"journal":{"name":"AlAhwal Jurnal Hukum Keluarga Islam","volume":"8 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75208637","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: 2

REKONTEKSTUALISASI PENJATUHAN TALAK TIGA DALAM BINGKAI NEGARA INDONESIA 在印度尼西亚的框架内重新配置三重配额

AlAhwal Jurnal Hukum Keluarga Islam Pub Date : 2023-06-12 DOI: 10.55799/alusroh.v1i01.257

Syaiful Annas

引用次数: 0

ORGANISASI KEMASYARAKATAN PERSPEKTIF HAK ASASI MANUSIA 人权视角社会组织

AlAhwal Jurnal Hukum Keluarga Islam Pub Date : 2023-06-12 DOI: 10.55799/alusroh.v1i01.261

H. Hartono

引用次数: 0