Dissertations / Theses: 'Divorce (Islamic law) Indonesia'

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Manjikian, Sevak. "Islamic Law in Canada: Marriage and Divorce." Thesis, McGill University, 2007. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=102836.

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Islamic Law in Canada: Marriage and Divorce provides an analysis of how Canadian society and the Canadian judicial system have responded to the use of the Shari'a to resolve issues relating to Islamic marriage and divorce in Canada. This dissertation explores two instances where Canadian society has been forced to address the role of the Shari'a in Canada and its interaction with Canadian laws and values. The first involves the debate that took place in Ontario over the last decade concerning the use of Islamic arbitration in family matters. This public debate ultimately led to the rejection of faith-based arbitration in that province, a decision apparently consistent with traditional Canadian attitudes towards multiculturalism. The second area of interaction between Canadian and Islamic law is within the Canadian court system itself. In particular, Canadian judges are occasionally required to grapple with Islamic family law issues when rendering judgments on certain cases that appear before them. This dissertation will examine a number of such cases in order to illustrate how the Shari'a has been addressed by Canadian judges. The overall aim of this work is to situate Islamic law within Canada's liberal framework. It is argued that although Canadians are amenable to certain levels of diversity, values that fall outside mainstream liberalism are not granted recognition. This dissertation will also demonstrate that the failure to legitimize Islamic arbitration represents a lost opportunity that would have broadened the scope of Canadian justice to include minority voices. The decision to reject faith-based arbitration will motivate some Muslims to seek justice from ad-hoc bodies of authority. Devoid of government oversight, these forms of underground Islamic justice may negatively affect certain members of Canada's Muslim community.

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Lukito, Ratno. "Islamic law and Adat encounter : the experience of Indonesia." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ37218.pdf.

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Huq, Naima. "Women's right to divorce in rural Bangladesh." Thesis, University of East London, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.282753.

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Zantout, Mida R. "Khul' : between past and present." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99400.

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This thesis investigates past and present understandings and applications of khul', synthesizing existing scholarship on the subject as well as H&dotbelow;anafi juristic doctrines. As khul' is part of a larger concept, namely, divorce initiated or approved by women, attention will also be given to the other options that Islamic law---or, on some points, cultural practices---grants women in order to obtain release from the marital bond. A comparative analysis between the application of marriage and divorce laws under the Ottomans and in contemporary Egypt will then be conducted with a view to shedding light on the effect that the rise of the nation-state has had on gender inequality.

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Mawardi, Ahmad Imam. "Socio-political background of the enactment of Kompilasi Hukum Islam di Indonesia." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape11/PQDD_0002/MQ43914.pdf.

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Mudzhar, M. Atho. "Fatwa-fatwa Majelis Ulama Indonesia sebuah studi tentang pemikiran hukum Islam di Indonesia /." Jakarta : INIS, 1993. http://catalog.hathitrust.org/api/volumes/oclc/30054456.html.

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Originally presented as the author's thesis (Ph. D.)--University of California, Los Angeles, 1990.
Indonesian and English. Translation of: Fatwās of the Council of Indonesian Ulama; with original English version following. English t.p. [iii]: Fatwas of the Council of Indonesia[n] Ulama : a study of Islamic legal thought in Indonesia, 1975-1988 / by Mohammad Atho Mudzhar. Includes bibliographical references (p. 147-157, 127-137 [2nd numeration]).

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Sugiono, Sukiati. "Islamic legal reform in twentieth century Indonesia : a study of Hazairin's thought." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ64198.pdf.

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Welchman, Lynn M. "The Islamic law of marriage and divorce in the Israeli-occupied West Bank." Thesis, SOAS, University of London, 1992. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.387921.

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Minhaji, Akh. "Ahmad Hassan and Islamic legal reform in Indonesia (1887-1958)." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp02/NQ30339.pdf.

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Lukito, Ratno 1968. "Sacred and secular laws : a study of conflict and resolution in Indonesia." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=102778.

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This thesis investigates the history and phenomenon of legal pluralism in Indonesia. The need to explore this topic has been urged by the revival there of Islamic law and adat law, the two greatest non-state normative orderings, in the last two decades. At the same time the ideal of modernity in Indonesia has been characterized by a state-driven effort in the post-colonial era to make the institution of law an inseparable part of national development. The result has been a conception of law as a homogenous system in which the ideology of legal positivism represents the basic tool for lawmaking. This, however, has led to an impasse, seeing that pluralism and multiculturalism are in fact self-evident phenomena in the society. The state has been obliged, therefore, to accommodate these non-state normative orderings.
The discussion of Indonesian legal pluralism in this thesis focuses on understanding the state's attitude and behavior towards the three largest legal traditions currently operative in the society, i.e., adat law, Islamic law and civil law. Socio-political factors are shown to have much influenced the relations between state and non-state laws. The state's strategy of accommodation of legal pluralism has in fact largely depended on the extent to which those legal traditions have been able to conform to national ideology. Certain "national legal postulates" have functioned as a yardstick by which the country's legislative and judicial institutions have measured the extent of their accommodation of legal pluralism, although they have had little choice but to do so.
Influenced by Masaji Chiba's theory of "three levels of law" (i.e., official law, unofficial law and legal postulates), this thesis analyzes two aspects of legal pluralism in Indonesia: the political and "conflictual" domains of legal pluralism. The analysis is thus generally based on the state policy of legal pluralism reflected in the legal and political strategies confronting the issue of unofficial laws as well as the conflicts arising from such situations. The first aspect is addressed by looking at a number of statutes and regulations promulgated specifically to deal with Islamic law and adat law, while the second is analyzed in terms of actual cases of private interpersonal law arising from conflict between state and non-state legal traditions, as reflected in legislation and court decisions. From a discussion of these two aspects, the thesis concludes that, although the form of the relations between official and unofficial laws may have changed in conjunction with the socio-political situation of the country, the logic behind legal pluralism has in fact never altered, i.e., to use law as a tool of state modernism. Thus conflicts arising from the encounter between different legal traditions will usually be resolved by means of "national legal postulates," making the unofficial laws more susceptible to the state's domination of legal interpretation and resolution.

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Amiruddin, M. Hasbi. "The response of the ʻulamāʾ Dayah to the modernization of Islamic law in Aceh." Thesis, McGill University, 1994. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=26246.

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This thesis studies the attitudes of the religious scholars associated with the dayah, the traditional institution of religious learning in Aceh, Indonesia, towards issues of the modernization of Islamic law. In the history of Islamic society in Aceh, these scholars, the 'ulama' dayah, have shown great initiative in guiding their society as it sought solutions to various problems. Their response was not confined merely to religious matters but also extended to the economic, political and social problems.
The impact of modern science and technology has led to many changes in economics, agriculture, medicine, and other fields. All these changes have to be evaluated in terms of their status in Islamic law, because Muslims have always sought to lead their lives in accordance with Islamic teachings. The 'ulama' dayah, have contributed to meeting the challenge of resolving such problems. In formulating their decisions, the 'ulama' dayah usually refer to the standard texts of the four classical schools of Islamic law. The reliance on classical texts is justified by their conviction that present-day 'ulama' are unable to exercise ijtihad independently since they lack the qualifications which have been traditionally demanded of a mujtahid.

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Yuspin, Wardah. "Facilitating the growth of Islamic banking law and Islamic banking in Indonesia : new laws and new challenges." Thesis, University of Leeds, 2014. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.713882.

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The growth of Islamic banking and financial services (IBF) industry has generated considerable interest in the financial world in recent decades with no exception in Indonesia. The legal infrastructure for the development of IBF in Indonesia has been strengthened with the enactment of Islamic Banking Law No. 21 of 2008. The law includes two new arrangements that are expected to bring about changes in the IBF industry; namely Articles 55 and 68. In light of those articles, it is also essential to observe the development and practice of this industry in selected countries; namely Malaysia and Pakistan. Despite the difference of their legal systems (the practice of the Common Law Systems there as opposed to the Civil Law System in Indonesia), these two countries have been chosen for the resemblance of their IBF industry with the one developed, practiced and offered in. Indonesia. Particularly in Malaysia, the promulgation of the Central Bank Act 2009 and the Islamic Financial Services Act 2013 were aimed at enhancing its legal infrastructure that will not only protect its IBF industry but will ensure stability, growth and confidence of all players and stakeholders. Substantively, Article 68 deals with the Islamic window/ Islamic unit separation. It is quite natural to conclude that Window Model serves only as a transitory mechanism. Therefore, that model is mandated and/or limited to be a mere spun-off or temporary structure for IBF institutions from their parent banks before subsequently becoming a full-fledged institutions. Since this is mandatory, any Islamic window that violates this provision will be fined, or further, their licence will be revoked. Meanwhile in those particular countries this model is still allowed and can be adopted by conventional banks offering IBF services. However, the conventional banks will only be allowed to, offer IBF services once they have demonstrated their serious commitment to IBF and have a clear roadmap towards full conversion of their operations into a full fledged Islamic bank. Whilst Article 55 (1) affirms that the religious court is the institution authorised to settle dispute on matters concerning Islam and the economy, Article 55 (2), nonetheless, provides that if the litigants are in agreement, they can choose to refuse submission to the jurisdiction of the religious court jurisdiction and alternatively choose another forum such as district court to adjudicate the dispute. The selection and submission to another forum, such as the district court, can potentially bring about a conflict of authority and jurisdictions between the district courts and the religious courts. However, according to the decision of the Constitutional Court No.93PUU-X/2012 the Islamic financial disputes fall under the absolute competence of the religious court. While in those selected countries, the Islamic disputes are tried and heard before the jurisdiction of their civil courts, despite the fact that there is a designated civil court in Malaysia that will handle disputes relating to IBF. That choice of forum to render decision on this dispute raises the problem, since many judges who render decision on this case are in favour of the civil law rather than Shari'a (Islamic law). While the Islamic disputes are not merely commercial disputes but involves the questions of Shari matter(s). In this regards, a closer scrutiny on the Malaysian Central Bank Act 2009 will be useful since it provides for reference to the Shari'ah Advisory Council by the courts or arbitrators adjudicating matters relating to IBF disputes. With the rapid advancement of IBF industry and various products and services it offers, disputes are then inevitable. Premised on this realization, this thesis strongly examines and advocates that a proper and strong legal framework and infrastructure as well as substantial support of the legal fraternity are crucial prerequisites for a healthy advancement and significant growth of IBF industry. Therefore with the inclusion the Art 68 and 55 of the Islamic Banking Law, this industry is seen moved towards this advancement.

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O'Shaughnessy, Kate Elizabeth. "Divorce, gender, and state and social power : an investigation of the impact of the 1974 Indonesian marriage law." University of Western Australia. School of Humanities, 2007. http://theses.library.uwa.edu.au/adt-WU2007.0186.

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[Truncated abstract] The 1974 Indonesian Marriage Law required all divorces to be ratified by courts and vested household leadership with husbands. This thesis examines the impact of this law upon the negotiation of divorce, and its implications for the constitution of state and social power. I argue that the New Order state used this law to attempt to control gender relations and reinforce political legitimacy, but that women and men resisted this project in a variety of ways. Divorce may entail the contestation of state ideological prescriptions on gender. It also reveals gender relations operating independently of the state. As such, it is a particularly fruitful site for an analysis of the location and constitution of state and social power. In order to analyse the complex relationship between marriage, divorce, and power, I have adopted several original strategies. I expand the definition of property to encompass

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Moolla, Mohammed. "The imperative to implement Muslim personal law in South Africa." University of Western Cape, 2021. http://hdl.handle.net/11394/8358.

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Magister Legum - LLM
It has been more than 25 years since the Interim Constitution came into effect and a Bill of Rights was introduced. Yet Muslim Personal Law ( still has no lega l recognition in South Africa. This the sis investigates how this causes serious problems for Muslim women who suffer grave injustices upo n divorce due to the non recognition and non regulati on of Muslim marriages It highlights t he State refus al to enact legislation despite the dicta and obiter comments from the courts spanning more than two decad es enjoining the state to effect legislation to achieve this purpose. South African law is still fundamentally lacking in the recognition of the rights of parties to marriages contracted only in terms of M PL . For couples married in accordance with civil law, marriages and divorces are dealt with under the relevant statutes, namely the Marriage Act 25 of 1961, t he Civil Union Act 17 of 2006 and the Divorce Act 70 of 1979. No provision has been made in statu tor y law for MP L . Previously the courts have held that this was due to the potentially polygyn ous nature of Muslim marriages. Muslim m arriages are inadequately regulated resulting in serious hardships to Muslim women and children. This thesis furthermore inve stigate s the need to recognize MPL .

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Tahir, Karwan. "Sharia eller västerländsk jämställdhet? : Kvinnor i egyptisk lagstiftning." Thesis, Örebro University, Department of Social and Political Sciences, 2007. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-959.

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Sharia or western equality?

women

in Egyptian legislation

The Islamic law (Sharia) in most of the countries in Middle East and North Africa has been the basis for modern laws which regulate issues such as marriage, divorce and inheritance. These laws (personal status law or family law) have been debated frequently in the last decades.

There are those who consider personal status law (PSL) as unjust, male-biased and discriminating against women especially in the issue of divorce. On the other hand there are voices who call to go back to the Sharia, because muslims has to follow the islamic law and its values, they are universal as they claim. In this essay I try to enlighten these two points of view which can be found in the debate in Egypt. A country witch was first among the Arabic countries to adopt a modern jurisprudence.

Despite several reforms in personal status law (PSL) in the last 80 years women groups and international organisations consider that there are much more to be done.

This essay gives a historical background of Islamic jurisprudence, its development and islamic political ideas behind Sharia. It also describes PSL with divorce in focus.

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Bouchareb, Hafida A. L. "La confrontation de la dissolution du lien conjugal et ses effets entre les états maghrébins et les états européens francophones, France et Belgique." Doctoral thesis, Universite Libre de Bruxelles, 2008. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/210425.

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L’objet de cette thèse est d’étudier « La confrontation de la dissolution du lien conjugal et ses effets entre les États maghrébins et les États européens francophones (France et Belgique) ». Les difficultés de coordination des systèmes islamiques et européens de droit international privé proviennent de l’écart entre leurs législations relatives au statut personnel et au droit de la famille. En droit musulman, les matières du statut personnel sont solidaires des donnés religieuses. Les ressortissants maghrébins établis dans des pays européens se retrouvent souvent confrontés au croisement du système juridique maghrébin et celui de leur pays d’accueil.

S’il est un domaine où se heurtent des visions difficilement conciliables entre l’Europe et certains pays musulmans, c’est bien celui du mariage mixte et particulièrement celui de la répudiation. Il faut souligner que le problème perdure depuis plus de vingt ans.

Toutefois un grand nombre de ressortissants Marocains réside en Belgique ce qui conduit inévitablement à ce que des problèmes liés à la dissolution de leur mariage se posent. A ces difficultés viennent s’ajouter les problèmes de conflits de lois. Cette étude a donc tenté de dégager les caractéristiques des différents systèmes étudiés et de montrer les divergences qu’ils comportent en terme de méthodes utilisées dans le règlement des conséquences du divorce ou de répudiation.

La présence d’une communauté immigrée de statut personnel musulman et la rencontre de l’ordre juridique européen avec ce phénomène, posent l’épineux problème de l’harmonisation de deux systèmes juridiques fondamentalement différents et a ainsi pu être qualifié de « conflit de civilisations ». Ce qui permet une vue globale du sujet.

Summary: The purpose of this thesis is to study the dissolution of a marriage tie between North African states and European French speaking states, and what this dissolution means in term of confrontation on both sides concerning the juridic systems european and islamic. The difficulties of coordination between the islamic way of life and the international law are the result of divergence relating with personal status and family right. In the islamic law, personal status and religious faith are closely interlinked. Moroccan nationals who step up house in an european country are confronted with the law of the Maghreb and the law of the country witch welcomes them.

Mixed marriages and in particularly in a case of repudiations are a sphere where european nations and some muslim nations don’t see things in the same way. One has to emphasize that these problems have been enduring for over tweenty years. A great numbers of Morocans lives in Belgium which leads to difficulties if their marriages have to be dissolved. Over these difficulties problems of laws conflicts are added. This study have tried to show the characteristics of these systems and the different way to solve the consequences of the divorce or of the repudiation. The presence of an immigrated community of personal muslim status and the encounter of the juridic european system with this phenomenon set the acute issue of the harmonization of two juridics systems deeply different. This can be described as a “conflict of civilisations”. This allows a broad view of the subject

Doctorat en droit
info:eu-repo/semantics/nonPublished

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Kelly, Kristyn Elizabeth. "The Clash of Islam with the West?" Thesis, Boston College, 2004. http://hdl.handle.net/2345/660.

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Thesis advisor: Paul T. Christensen
The terms “jihad” and “Islamic fundamentalism” appear to dominate world news today. After the September 11th terrorist attacks, people began to wonder if the world of Islam and the world of the West were diametrically opposed and thus doomed to collide. In this thesis I study the work of Samuel Huntington, the leading theorist on the clash between Islam and the West, and his critics. Through case studies of Algeria, Indonesia and Lebanon, all predominantly Muslim countries, I argue that there is not a fundamental clash between these cultures. The conflict that is occurring today is a result of factors such as US foreign policy decisions, and not an existential culture clash
Thesis (BA) — Boston College, 2004
Submitted to: Boston College. College of Arts and Sciences
Discipline: Political Science
Discipline: College Honors Program

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Elizarni, FNU. "Gender, Conflict, Peace: The Roles of Feminist Popular Education During and After the Conflict in Aceh, Indonesia." Ohio University / OhioLINK, 2020. http://rave.ohiolink.edu/etdc/view?acc_num=ohiou1605018870170842.

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Toffar, Abdul Kariem. "Administration of Islamic law of marriage and divorce in South Africa." Thesis, 1993. http://hdl.handle.net/10413/7352.

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Pahary, Sheik Mohammad Yasser. "Marriage and divorce among Muslims in Mauritius." Thesis, 2003. http://hdl.handle.net/10500/1421.

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IMAMAH, NUR, and 簡艾瑪. "Islamic Law. Corporate Governance, Growth Opportunities, and Dividend Policy in Indonesia Stock Market." Thesis, 2019. http://ndltd.ncl.edu.tw/handle/7zeyqq.

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博士
國立中央大學
企業管理學系
107
This paper examines whether the Islamic law (Shariah), corporate governance and growth opportunities affect dividend policy. Using a sample of 2,125 firm-years for companies listed on the Indonesia Stock Exchange (IDX) over the period of 2012-2016, we find evidence that Shariah-compliant firms (SCFs) have higher dividend payouts, mainly driven by insider ownership and external large ownership. In addition, institutional ownership of SCFs plays a strong role in corporate governance since it is negatively related to dividend payouts when firm growth is high while this relationship becomes positive when firm growth is low. These results suggest that the Islamic law is an important factor affecting dividend policy in Islamic countries.

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Aidid, Hasyim. "Islamic leaders' attitudes towards family planning in Indonesia (1950's - 1980's)." Master's thesis, 1987. http://hdl.handle.net/1885/123270.

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The present study discusses the attitudes, as well as the changes in and the diversities of opinion among Islamic leaders in Indonesia regarding family planning from the 1950's to the 1980's. In the earliest period i.e. from the 1950's to the early 1960's, most Islamic leaders were opposed to family planning. In the late 1960's, however, Islamic elites as well as Islamic organizations began to support family planning programme, which at this time was adopted by the Government, and by the 1980's they had even started promoting family planning amongst the masses by explaining the advantages of the norm of a small happy family (NKKBS) which is the main objective of the programme. The Islamic leaders of Indonesia, however, maintain their opposition to the use of several contraceptive methods such as sterilization and abortion. This makes the programme different from those in Bangladesh, China or India. Family planning in Indonesia is more successful than in India or in other Islamic countries such as Pakistan because religious leaders, especially Islamic leaders, have not maintained a significant resistance to the programme; rather, they have come to support it.

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Riza, Achmad Kemal. "Continuity and Change in Islamic Law in Indonesia: The case of Nahdlatul Ulama bahtsul masail in East Java." Master's thesis, 2004. http://hdl.handle.net/1885/49424.

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Acknowledgements aren't included in digital version. Page numbering differs from original due to different width of pages.
The fatwa (pl. fatawa) or non-binding legal opinion is an important institution in Islamic thought. In relation to the shari‘ah (the body of Islamic law), fatwa has been the agent for relating the teaching of shari‘ah to 'the concrete world of human affairs' (Masud, Brinkley, and Messick, 1996:3). It is a medium to understand social change (Hooker, 2003) and a source of Islamic legal and social history (Powers, 1990) of Muslim community. For this reason, fatwa, along with qada’ (Islamic court’s decision) institution, is an important agent of Shari'ah application. In Islamic legal scholarship (fiqh), as some have argues (Schacht, 1964: 74-5 and Hallaq, 1994:), fatwa has been instrumental in the development of furu‘ al-fiqh (theoretical aspect of substantive law) as well as usul al-fiqh (legal methodology of Islamic law) in Islam. The mufti can be seen as the agent of legal change as well (Hallaq, 2001:174). Many fatawa of prominent muftis (jurist-consult) are incorporated into the substantive law of certain madhhab (school of law) and many muftis are prominent jurist-authors affiliated to schools of law (Hallaq, 1994:30-1, and 2001:). Therefore, the interplay between fatwa, fiqh and madhhab is inherent to the theoretical aspect of shari’ah and its practical application...

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Muslimin, Joko Mirwan [Verfasser]. "Islamic law and social change : a comparative study of the institutionalization and codification of Islamic family law in the nation-states Egypt and Indonesia (1950 - 1995) / vorgelegt von Joko Mirwan Muslimin." 2005. http://d-nb.info/975583026/34.

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Ahmad, Najah Nadi. "The interconnection of legal and social norms in the practice of fatwa-giving." Thesis, 2013. https://hdl.handle.net/2144/14125.

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This thesis examines the dynamic interplay of the shared legal, personal, and societal commitments of mustaftis (petitioners), and muftis at Cairo's Dar Al-Iftaa, the official fatwa council, where I observed 140 fatwa sessions mostly concerning marital disputes. It focuses on the role and impact of fatwas in preserving social and gender relations in a society with increased religious tendencies and dispositions, such as the Egyptian society. The thesis demonstrates that the study of iftaa within its institutionalized and interactive channels could effectively enhance our understanding of the process of legal interpretation in general, and the power dynamics of social/gender relations in particular. Therefore, the thesis attempts to develop a model for the study of fatwas that gives consideration to petitioners, as agencies of the law; muftis, as social and religious interpreters; and the structures of the society of which fatwas are issued, as an influential, yet influenced element. The thesis demonstrates that Dar Al-Iftaa provides Egyptians with an alternative to courts for religious, marital, and social counseling. It further demonstrates how Dar Al-Iftaa aims at preserving marriages, and, by extension, the societal and gender norms. During the society preservation attempts, muftis adapted to the social patriarchal assumptions that give each married partner privileges in correspondence to their gender position in the society. Hence, I pay closer attention to women's involvement in male-dominated spaces such as religious institutions to negotiate their marital relations and to challenge the hegemonic structures of their society.

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Dissertations / Theses on the topic 'Divorce (Islamic law) Indonesia'

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