Journal articles on the topic 'Islamic legal system'
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1
Ibrahim, Mohamed, and Ahmad Hidayat Buang. "MALDIVIAN LEGAL SYSTEM: ISLAMIC INFLUENCE AND LEGAL REFORM." Jurnal Syariah 26, no. 1 (May 22, 2018): 71–98. http://dx.doi.org/10.22452/js.vol26no1.4.
2
Ibrahim, Zakyi. "Consensus in the Islamic Legal System." American Journal of Islam and Society 33, no. 4 (October 1, 2016): v—x. http://dx.doi.org/10.35632/ajis.v33i4.937.
Abstract:
All Muslims regard the Qur’an as authoritative. The Sunnah, on the otherhand, although authoritative to the majority of Muslims, does not enjoy suchuniversality.1Yet to the Sunnis and Shi‘ahs, both of them are so authoritativethat they are unquestionable sources of Islamic legal system. Thus, they aresources “from” which Islamic law is directly derived. So what makes “consensus”(ijmā‘: whether of the Muslim community or of the scholars) such acompelling candidate for an additional source of the legal system as far asSunnis are concerned? I contend that (1) the early jurists viewed this as thesafest way to inoculate and safeguard that system (and the other sources) fromindividual abuse and personal manipulation and that (2) without consensusand why it was originally construed and framed (notwithstanding how it wasapplied) by the jurists, the Qur’an and the Sunnah (despite their inherent religiousand theological authority) would be meaningless or inadmissible aslegitimate sources of law. But before I discuss consensus, I would like to addressthe two authoritative sources of law.All Muslims accept the Qur’an as God’s own words and therefore as themain source of the legal system (fiqh). Before the jurists began to deliberateand codify fiqh, the Shari‘ah was already embedded in the Qur’an and Muslimswere living their socio-religious and politico-economic lives in accordancewith its teachings. Therefore, when the jurists were ready to put thelaws into written form, they located all its original rules and expounded uponthem. However, universal recognition differs from universal agreement on themeaning of specific injunctions. In addition, it certainly differs from the claimthat the Qur’an covers every foreseeable legal injunction, for it does not.For a variety of reasons, the the Sunnah, does not enjoy any universal authority,among them (1) Some Muslims have questioned how the Prophet’steachings have been preserved and passed on, (2) classical and modern scholarshave raised serious doubts about the authenticity of certain hadiths, and ...
3
Abbas, Indah. "Islamic Law in the Legal Political System." Al-Mizan 13, no. 2 (December 1, 2017): 156–84. http://dx.doi.org/10.30603/am.v13i2.875.
Abstract:
This article discusses the history of the development of Islamic law in the legal political system in Indonesia. The problem discussed in this article is how the history of the phases of Islamic law in Indonesia and how the formation of Islamic law in the development of the political system in Indonesia. The results showed that: First, the history of the development of Islamic law in Indonesia, namely from the pre-colonial period of the Netherlands, the Dutch colonial period, the period of Japanese occupation, the period of parliamentary democracy, the old and new order periods, and the reform period; Second, the position of Islamic law in the development of national law in Indonesia plays an important role in the orderliness of the Indonesian people, especially Muslims and is used as material in the preparation of national law
4
Adinugraha, Hendri Hermawan, Mukhtarom Mukhtarom, and Ali Muhtarom. "THE MU’ALAMAH DROPSHIPPING SYSTEM: ISLAMIC ECONOMIC PERSPECTIVE." OIKONOMIKA : Jurnal Kajian Ekonomi dan Keuangan Syariah 2, no. 1 (July 8, 2021): 12–23. http://dx.doi.org/10.53491/oikonomika.v2i1.62.
Abstract:
This research aims to explain the mu’alamah dropshipping system from an Islamic economic perspective. This study uses a literature or library research method which is sourced from authoritative data and sources, such as books and journals that are still relevant to the focus and discussion of this research. The results of the study concluded that allowing transactions that continue to develop in progress in the economy as long as they do not violate and do not contradict Islamic principles, dropshipping transactions which have now become a custom in society are allowed as long as the perpetrator understands the procedures for transactions, because the system is vulnerable and leads to the cancellation of a contract, namely selling goods that do not belong to him, and the development of technology greatly influenced the development of legal edicts that urged them to be issued. However, on many sides, with the legal norms that have been summarized by previous scholars by looking at the equality of legal ‘illat, it can be found that fast and precise legal answers can be found to determine the law in every legal event for which there is no clear legal provision in al- Qur'an and as-Sunnah.
5
Qonita, Nuha. "THE EMERGENCE OF LEGAL SYSTEM IN ISLAMIC FINANCE." JURISDICTIE 9, no. 1 (June 30, 2018): 72. http://dx.doi.org/10.18860/j.v9i1.5136.
Abstract:
Legal system and jurisdiction take an important role in developing system or product innovation. The principle of Islamic financial transaction is recently elaborated in different frames of finance. It describes the challenge of Islamic finance in several countries which is linked with the perspective of stakeholders, consumer, industry, and the existing regulation. Various problems and recent decision making concept should be solved properly. This article aims to re-emphasize the rationality of Islamic finance regulation adjusted with consumer’s need. In some points, this study is used as the analysis on Islamic finance regulation. This is a study case categorized in qualitative research. The in-depth analysis is done on the basis of legal appeal in the court of Indonesia and is referred to Indonesian law about Islamic finance.
6
Sukardi, Didik. "SYARI'AH BANKING LEGAL SYSTEM IN INDONESIA." International Journal of Law Reconstruction 2, no. 1 (March 1, 2018): 1. http://dx.doi.org/10.26532/ijlr.v2i1.2621.
Abstract:
Socio-anthropological and emotional, Islamic law is very close to the people of Indonesia are Muslim majority, but it has historically Islamic law was known long before the colonists into Indonesia. Fatwa Majelis Ulama Indonesia or MUI on bank interest is haram has pushed aside the curtain of public oppression to liberation syari'ah, and gave birth to the implementation of the dual banking system in Indonesia, namely the operation of conventional banks and banks of the syari'ah, which is welcomed by the people of Islam in Indonesia
7
Madelung, Wilferd, and Devin J. Stewart. "Islamic Legal Orthodoxy: Twelver Shiite Responses to the Sunni Legal System." Journal of the American Oriental Society 120, no. 1 (January 2000): 111. http://dx.doi.org/10.2307/604901.
8
Qonita, Nuha. "POSITIONING ISLAMIC LEGAL THEORY IN THE DEVELOPMENT OF ISLAMIC FINANCE." JURISDICTIE 10, no. 1 (July 11, 2019): 18. http://dx.doi.org/10.18860/j.v10i1.7034.
Abstract:
<p>Islamic finance continues to grow over the world, the development of technology plays a crucial role to support Islamic finance. The great innovation of technology may come to dig up the potential of Islamic financing, yet digital system needs for sharia compliance, both are in similar needs for sharia overviews regardless different opinions of ijtihad in this modern time. Emphasizing case by case of Islamic finance has been done by the sharia scholars in producing the new product of Islamic banking and financing. The Islamic jurisprudence however should consider the substence and maqasid form of sharia. The objective of this paper is to enlight some vital parts of Islamic legal theory as part of Islamic law in implementing sharia compliance. Furthermore, provide the role of legal system which takes a crucial place in implementing the system, it should be harmonized in the existing condition of Islamic finance. This paper is qualitative methods with deep analysis on Islamic legal theory among muslim scholars.</p>
9
Khisni, Akhmad. "FINANCIAL INSTITUTIONS IN THE LEGAL SYSTEM OF ISLAMIC BANKING AND LEGAL DISPUTE SETTLEMENT." Jurnal Pembaharuan Hukum 5, no. 2 (August 6, 2018): 153. http://dx.doi.org/10.26532/jph.v5i2.3109.
Abstract:
Islamic financial institutions in Indonesia are legalized in the governance of the banking law and in case of legal disputes become the absolute authority of the Religious Courts. Religious Courts readiness in responding to the development Islamic economics and resolve legal disputes are inevitable in the conduct of religious courts function as a legal institution, namely enforcement of certainty (juridical aspects) and justice (philosophical aspect), in addition to running the social aspects (sociological aspect). The position of Justice of religion as a social institution is dynamic, because of the exchange with the community dynamics that require the judge to explore, and understand the value of the law who live in the society. The implementation of Act No.3 of 2006 as amended by Act No. 50 Of 2009 regarding the Second Amendment to Act No.7 of 1989 concerning the Religious Courts, reinforced by Act No. 21 of 2008 concerning Islamic Banking. Institutional constraints faced by the Religious Court in handling cases Islamic economics is the law enforcement factors, factors of infrastructure, the judge in the religious courts appeared to be not effective due to the number of judges who have not been certified Islamic economy is still lacking, and the lack of educational and training of human resource development. In a more holistic approach to address the above problems, it is necessary reconstruction of the arrangement of the legal system and legal institutions and legal culture arrangement
10
Sulthon, M. "INTEGRATION OF ISLAMIC SHARIA IN NATIONAL LEGAL SYSTEM." Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan 7, no. 2 (September 30, 2020): 95. http://dx.doi.org/10.29300/mzn.v7i2.3425.
Abstract:
The purpose of this study is to answer the formulation of the problem of how is the objective condition of Islamic law in the politics of law in Indonesia and to find a concept to integrate Islamic Islamic law into State law. The research method is qualitative with a normative, philosophical and sociological approach. Substantially, the idea of formalizing Islamic law in Indonesia cannot be maximized without adaptation and reform to Islamic law, namely through ijtihad and maslahat. Every text of the Al-Qur’an and hadith that contains the law must contain maslahat. So that maslahat is an attempt to explore the meaning of the text of the Al-Qur’an. Maslahat is operationally manifested in the form of ijtihad theories, for example; qiyas, maslahah mursalah, istihsan, syad al-zdari’ah and urf. Likewise, maslahat affirmation of laws that are not contained in the Al-Qur’an and hadith, can be confirmative and can also be negative. The identification of maslahat as the essence of maqashid al-sharia is based on 1) the texts of the Al-Qur’an, the majority of which are in the form of amar and nahyu, (2) Illat and wisdom found in al-Quran and hadith, (3) al-Istiqra’.
11
Wahyuni Sagala, Hairun Tri. "Kajian Teori Pluralisme Hukum terhadap Sistem Hukum di Aceh." INTERDISCIPLINARY JOURNAL ON LAW, SOCIAL SCIENCES AND HUMANITIES 3, no. 2 (November 30, 2022): 115. http://dx.doi.org/10.19184/idj.v3i2.35095.
Abstract:
Abstract
Legal pluralism is not a new concept that has emerged in the modern legal system, but an approach to analyzing the operation of various legal systems side by side in the system of government of a nation-state. Aceh is one of the provinces in Indonesia which has several legal systems. The province of Aceh is viewed as a province that has special autonomy status with a multicultural pattern, because of the plurality of regulatory systems in its society. The pluralism (pluralism) of the legal system in Aceh arises because of ethnic diversity and the application of Islamic religious values to every aspect of Acehnese life, especially in the field of upholding the legal system itself. The diversity (Pluralism) of the legal system that lives and applies in Aceh has the power of law and recognition from the Indonesian government with the passing of Law number 11 of 2006 concerning the Governance of Aceh, so in addition to the enactment of the state legal system (state law), de facto in Aceh to the legal system of procedures (adat law) applies, and the system of religious rules / Islamic law (religious law / Islamic law). The research method used is juridical sociology. The data were analyzed using a qualitative descriptive approach.
Keywords: Legal Pluralism, Legal System of Aceh, Islamic Law
12
Foster, Nicholas. "Islamic Finance Law as an Emergent Legal System." Arab Law Quarterly 21, no. 2 (2007): 170–88. http://dx.doi.org/10.1163/026805507x214433.
Abstract:
AbstractThe recent growth in Islamic finance has drawn attention to the alleged "uncertainty" of the sharia, highlighted in 2004 by the Beximco case. On the institutional level, various organisations are addressing the issue; there are also "organic" tendencies towards standardisation. These phenomena are combining with others to form a new legal system, albeit one with particular characteristics.This system has matured sufficiently to merit categorisation as a separate field of study and practice: Islamic Finance Law.
13
Lombardini, Michele. "The International Islamic Court of Justice: Towards an International Islamic Legal System?" Leiden Journal of International Law 14, no. 3 (September 2001): 665–80. http://dx.doi.org/10.1017/s0922156501000334.
Abstract:
The present article describes the dispute settlement system of the Organization of the Islamic Conference through the envisaged creation of the International Islamic Court of Justice. The Court's Statute, adopted in 1987, considers the Islamic Shari'ah or Islamic law as the fundamental law to be applied by the Court for the resolution of international disputes. Therefore, the Court will have a religious character considering a local religious code as the primary applicable law. The International Islamic Court of Justice has not yet been set up. Its creation might have the effect of grouping Islamic states under the same international judicial system, and of causing a strong political impact in respect of the relations with the State of Israel and of the Palestinian question.
14
Muhamadun, Muhamadun. "BATAS-BATAS KONSTITUSIONAL HUKUM ISLAM DALAM HUKUM NASIONAL." JURNAL INDO-ISLAMIKA 8, no. 1 (September 29, 2020): 12–22. http://dx.doi.org/10.15408/idi.v8i1.17536.
Abstract:
Indonesia is known as a country with a mixed legal system. The legal system currently in effect is dominated by three major legal systems, namely the Western legal system, the customary law system and the Islamic legal system. The basic rules that serve as guidelines and guidelines for citizens are extracted from the value system. This value system is expressed in the form of "collective agreement". This form of collective agreement is translated into the five basic principles of having a state, namely Pancasila. Within these limitations, there are gaps in applying Islamic teachings, which are limited to their substantive value. This study wants to explain why Islamic law cannot be used as the basis of the constitution and the extent to which the limitations are allowed in applying Islamic teachings as the teachings of the majority of Indonesian citizens. In responding to the issues surrounding the application of Islamic law in Indonesia, the discussion will focus on the concept of the constitution, sources of national law, and the form of the Muslim community's strategy in an effort to apply Islamic law within the national legal framework.
15
Wicaksono, Dian Agung. "Penormaan Hukum Islam dalam Sistem Hukum Indonesia Ditinjau dari Ajaran Teologi Hukum Thomas Aquinas." Jurnal Filsafat 31, no. 1 (April 24, 2021): 49. http://dx.doi.org/10.22146/jf.51754.
Abstract:
The arrangement of Islamic law in the Indonesian legal system, which is manifested in statutory regulations, is an indication that Islamic law has become part of the Indonesian legal system. This is interesting when viewed using Thomas Aquinas' legal theology which introduces a legal dichotomy based on its sources, namely lex aeterna, lex naturalist, and lex humana. The dichotomy becomes a perspective to see at what level Islamic law is embedded in the Indonesian legal system. This research examines the existence of arrangement of Islamic law in statutory regulations from the perspective of legal theology, with research questions: (a) What is the justification for the arrangement of Islamic law substance in the Indonesian legal system? (b) How is the arrangement of the substance of Islamic law in the Indonesian legal system when viewed from the teachings of Thomas Aquinas' legal theology? This is normative legal research, by analyzing secondary data in the form of laws and libraries related to the arrangement of Islamic law and the teachings of the legal theology of Thomas Aquinas. The results indicate that the justification for the arrangement of the substance of Islamic law in the Indonesian legal system has a strong foothold because it is stated in the Pancasila "God Almighty" and Article 29 of the 1945 Constitution of the Republic of Indonesia. The teachings of legal theology of Thomas Aquinas show that arrangement of the substance of Islamic law in statutory regulations does not necessarily reduce the degree of Islamic law, because the substance of Islamic law in statutory regulations does not transform lex aeterna into lex humana.
16
Muneeza, Aishath, and Ismail Wisham. "Legal obstacles in establishing Islamic banking in Maldives." Indonesian Management and Accounting Research 10, no. 1 (November 10, 2016): 40. http://dx.doi.org/10.25105/imar.v10i1.1295.
Abstract:
<p class="Style2">Maldives is a hundred percent Muslim country. Though the laws in Maldives are influenced by common law and civil law systems, the spirit of the laws are based on Islamic principles. However, when it comcs to the banking system, it is poignant to state here that the only known banking system to the country is based on conventional or usury friendly system. Up until now there are only six banks operating in the country. And none of them is an Islamic bank. It has been frequently questioned on why it is so difficult to set up an Islamic Bank in a hundred percent Muslim country? People say that the demand is there, so what is there to worry? But the truth is that the challenges we face are more than what any one could think of. As rightly pointed out, the demand for Islamic banking is there. But what about the legal infrastructure, political support and the economic resources which are needed to invest to convert the banking system? Lack of human resources in the country is also not a small problem. And political instability has exacerbated the situation. In the past years, there have been several failed attempts made to introduce the Islamic banking system to the country. But due to lack of proper legal frame work in the country and some other financial reasons Islamic banking were never introduced. Now finally we see a green signal from the Central Bank of Maldives for establishment of Islamic bank. Towards the end of last year the Central Bank of Maldives have announced public to apply for jobs designed for the Islamic bank which is intend to be open soon! The main purpose of this paper is to look at the obstacles in introducing Islamic banking in Maldives. The challenges it is facing and the ways to curb it. It is argued here that as a Muslim nation establishment of</p>
17
Al’butif, Mohammed Adnan Karkan. "TRAJECTORIES OF FORMATION, CURRENT STATE AND PROBLEMS OF DEVELOPMENT OF THE ISLAMIC SYSTEM OF HUMAN RIGHTS PROTECTION IN THE CONTEXT OF REGIONALIZATION OF HUMAN RIGHTS SYSTEMS." Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 7 (73), no. 2 (2022): 3–12. http://dx.doi.org/10.37279/2413-1733-2021-7-2-3-12.
Abstract:
The article analyzes the historical trajectories, the current state and problems of the formation of the Islamic human rights system in the context of the universal trend towards regionalization of the mechanism for protecting human rights. The research is based on the application of comparative legal, formal legal and specific historical specialized methods of cognition of legal reality. In preparing the study, regional acts in the field of human rights protection, as well as the provisions of the works of Russian and foreign researchers on regional mechanisms for the protection of human rights, historical experience and modern trends in the field of embedding the Islamic human rights system in them were studied. The independent character of the Islamic regional system of human rights protection is stated, which is currently mostly inactive, due to the incompleteness of the organizational and legal structure. The key obstacles in the development of the Islamic system of human rights protection are highlighted: differentiation of the «Islamic world»; religious and ideological fragmentation of the states of the Islamic world; the inertia and conservatism of government systems and national legislation of Islamic states; rejection of the Islamic human rights system by the wide international community in an essentially unipolar world. To complete the formation of the Islamic human rights system, it was recommended to combine the efforts of researchers, regional and international politicians and human rights defenders
18
Karimah, Iffah. "BETWEEN LEGAL RISK AND SHARIA RISK IN ISLAMIC BANKING: HOW SHARIAH GOVERNANCE ADDRESS THE PROBLEM." Diponegoro Law Review 7, no. 1 (April 28, 2022): 88–105. http://dx.doi.org/10.14710/dilrev.7.1.2022.88-105.
Abstract:
Islamic Bank has unique risk due to its Sharia-compliance principles. Two of risksknown in Islamic Banking are legal risk and sharia risk. This paper aims to explain the legal risk and sharia risk faced by Islamic Banking in Indonesia. Moreover, this paper also will discuss the cause of these risks and its mitigation strategy using Shariah Governance concept. This paper using literature studies from previous research and existing regulation in Indonesia. This research shows that Islamic Banking in Indonesia has unique legal risks and sharia risk due to its adherence to a dual law system: shariah law and national law. There are several causes of legal risk and sharia risk in Islamic Banking in Indonesia, such as lack of supporting legal system and regulation, lack of standardization contract in Islamic Banking, and lack of Court Systems to resolve Islamic Banking’sproblem. Moreover, there are severalissues on the product development process in Islamic Bank. In addition, this paper explores the role of Shariah Governance such as Sharia Supervisory Body and National Shariah Board as a solution to address the problem stemming from legal risk and sharia risk.
19
Shaham, Ron, and Frank E. Vogel. "Islamic Law and Legal System: Studies of Saudi Arabia." Journal of the American Oriental Society 122, no. 3 (July 2002): 646. http://dx.doi.org/10.2307/3087557.
20
Zaman, M. Q. "Review: Islamic Law and Legal System: Studies of Saudi Arabia * Frank E. Vogel: Islamic Law and Legal System: Studies of Saudi Arabia." Journal of Islamic Studies 13, no. 1 (January 1, 2002): 51–54. http://dx.doi.org/10.1093/jis/13.1.51.
21
Muttaqin, Entol Zaenal, and Ahmad Zaini. "Preserving Dutch colonial hegemony through incorporated islamic matrimonial system in the Netherlands East Indies." Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan 20, no. 1 (June 10, 2020): 97–114. http://dx.doi.org/10.18326/ijtihad.v20i1.97-114.
Abstract:
The growth of Islamic matrimonial system in the present Indonesia was originally formulated in the 19th century of the Netherlands colonialism. There are several discourses among Dutch scholars in establishing an applicable law system since there are various legal system existed, and finally the colonial government issued legal dualism in order to preserve their hegemony. Provoked by several scholars the new constitution in 1854 was approved. In that, the Islamic matrimonial system was assimilated into Adat law and therefore the Islamic marriage system was allowed to be practiced in its own way. This Islamic matrimonial system was formed as a law under Dutch controls. Accordingly, the paper discusses Dutch hegemony system through applicable Islamic matrimony, and the development of this marriage as the formation of preserving hegemony. This paper arguably investigates Dutch hegemony system through applicable of Islamic matrimony. The analysis is guided by following questions: first, what are the reasons behind the implementation of indigenous legal institution such as Islamic marriage in preserving hegemony? Second, to what extent does the Islamic matrimony persisted within the applicable policy? The methodology is critical analysis of legal history contents, the data mainly taken from legal manuscripts which is a comprehensive view of law from a particular critical vantage point: a way of doing law, perhaps doing things with law. This paper argued that Dutch Hegemony system is poles apart from many colonialism regimes, the incorporated of indigenous legal system has become a method to subjugate indigenous power. Therefore, Islamic Matrimony developed into ways according to colonial’s interest
22
Grassa, Rihab. "Legal Origin, Institutional Quality, and Islamic Finance Development: Does Shari’a Matter?" Law and Development Review 13, no. 2 (September 25, 2020): 345–69. http://dx.doi.org/10.1515/ldr-2020-0053.
Abstract:
AbstractPrevious studies on financial development have shown that differences in the legal origin explain differences in financial development. Using historical comparisons and cross-country regressions for 40 countries observed for the period from 2005 to 2018, our research assesses how different legal origins have affected the development of Islamic finance worldwide. More particularly, our research assesses empirically why and how the adoption of Shari’a, wholly or partially (combined with common or civil law), could explain the level of development of Islamic finance in different jurisdictions. Our primary results show that countries adopting a Shari’a legal system have a very well-developed Islamic financial system. Moreover, countries adopting a mixed legal system based on common law and Shari’a law have sufficient flexibility within their legal systems to make changes to their laws in response to the changing socioeconomic conditions, and this has helped the development of the Islamic financial industry. However, countries adopting a mixed legal system based on both civil law and Shari’a law appear less flexible in making changes to their old laws and this thwarted the development of the Islamic financial industry in these countries. Furthermore, we have found that the concentration of a Muslim population (the percentage of Muslim population) along with the level of income have both had a positive effect on the development of Islamic banking assets and on the development of Islamic banking as a whole.
23
Rosadi, Aden. "ISLAMIC JURISDICTION SYSTEM IN SAUDI ARABIC." Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam 2, no. 1 (March 30, 2021): 1–14. http://dx.doi.org/10.15575/as.v2i1.12170.
Abstract:
This paper will discuss the Islamic justice system in the country of Saudi Arabia. Through a normative juridical approach it can be described that Saudi Arabia is an Islamic country that is consistent in implementing criminal law. In contrast to the continental legal system and the anglo saxon which are guided by the policies of the Government, Parliament and the judiciary. In addition, in practice, Islamic criminal law is also guided by the opinion of the school, both the official school, namely the hambali school or other schools. Thus it can be concluded that the judiciary bodies in Arab countries are entirely guided by Islamic law, because Islamic law is the positive law. On the other hand, it also does not codify the law because it can narrow the space for ijtihad to move and the sources of legal making, but this in turn can lead to different judges' decisions. For this reason, there is Majlis al-A'la li al-Qadha (Supreme Court of Justice) to oversee the decisions of the court judges under their ranks. In addition, the hierarchy of judicial bodies in the Arab country consists of three levels, namely the High Court as the Supreme Court, the Court of Appeal and the Court of First instance.
24
Aulia, Farihan, and Sholahuddin Al-Fatih. "PERBANDINGAN SISTEM HUKUM COMMON LAW, CIVIL LAW DAN ISLAMIC LAW DALAM PERSPEKTIF SEJARAH DAN KARAKTERISTIK BERPIKIR." Jurnal Ilmiah Hukum LEGALITY 25, no. 1 (July 14, 2018): 98. http://dx.doi.org/10.22219/jihl.v25i1.5993.
Abstract:
The legal system or commonly referred to as the legal tradition, has a wealth of scientific treasures that can be examined in more depth through a holistic and comprehensive comparative process. Exactly, the comparison of the legal system must accommodate at least three legal systems that are widely used by countries in the world today. The three legal systems are the Continental European legal system, Anglo American and Islamic Law. The comparative study of the three types of legal systems found that the history of the Continental European legal system is divided into 6 phases, while Anglo American legal history began in the feudalistic era of England until it developed into America and continues to be studied until now. Meanwhile, the history of Islamic law is divided into 5 phases, starting from the Phase of the Prophet Muhammad to the Resurrection Phase (19th century until nowadays). In addition to history, the authors find that the Continental European legal system has the characteristic of anti-formalism thinking, while the Anglo American legal thinking characteristic tends to be formalism and is based on a relatively primitive mindset. While the thinking character of Islamic Law is much influenced by the thought of the fuqoha (fiqh experts) in determining the law to solve a problem, so relatively dynamic and moderate.
25
Muhammad Aqib Ali and Talat Hussain. "Islamic Banking in the Context of Shariah Objectives and Islamic Legal Maxims." ĪQĀN 4, no. 01 (December 28, 2021): 91–101. http://dx.doi.org/10.36755/iqan.v4i01.321.
Abstract:
Islamic banking and finance is actually a sub-component of Islamic economic system and is now a reckoned force in the global financial system. In comparison to the conventional economic ideals, Islamic economic system deals with not only the economic issues and problems, but also takes into consideration, the ethical aspects of society in order to ensure social and collective well being and economic prosperity. The aspect of just and fair allocation of economic resources lies at the heart of economic approach of Islam and Islamic economy’s core principle is to ensure that every strata of society including the rich, middle class and the poor all get the opportunity to live their lives in a functional and productive manner. The philosophy of Islamic banking is primarily pinned upon the Shariah fundamental and primary sources of Quran and Sunnah as well as on the secondary sources, from which Ijtihad is the main secondary source. Islamic baking paradigm endeavors to fulfill Shariah objectives by complying with the tenets of Shariah and operates in the light of Shariah principles and Islamic legal maxims to eventually meet the ultimate objective of falah (success and well-being) in this world and the hereafter.
26
Al-Fatlawi, Suhail Hussein. "Islam's Attitude towards Democracy Comparative Study in International Human Rights Law." Journal of Politics and Law 9, no. 1 (February 28, 2016): 73. http://dx.doi.org/10.5539/jpl.v9n1p73.
Abstract:
<p>Democracy was established in the Greek cities in the fifth century B.C. It is a liberal western system. In this regard, various Islamic countries applied democracy as a political and legal system where the people elect their representatives in the legislative authority in order to put the legal regulations that organize the human behavior.</p>The research included a brief idea about liberal democracy, its history and objectives, the political and legal system in the Islamic state, the dispute among Muslim scholars on the application of democracy in the Islamic states; some Muslim scholars refuse to apply democracy since the legal system in Islam relies on the Holly Qor'an and the Prophet's speeches, which are a biding regulation for Muslims, while other authors believe that Islam accepts democracy and others think that Islam should have its special democracy that differs from the liberal democracy. This paper discussed the political and legal systems that were applied the Islamic state during the history of Islam. Finally the paper presented the most conclusions and recommendations reached by the researcher.
27
Machiche, Halima. "Towards the Development of the Legal System of Islamic Banks In Algeria In The Light of Malaysian Experience." مجلة إسرا الدولية للمالية الإسلامية 10, no. 1 (June 29, 2019): 145–67. http://dx.doi.org/10.55188/ijifarabic.v10i1.260.
Abstract:
This research sheds light on suitability of the legal system of Islamic banks in Algeria and seeks to present ideas for their development in light of benefiting from the Malaysian experience through three axes. The first was the presentation of the Malaysian experience in developing the legal framework for Islamic banks. To the Islamic banks in Algeria and to monitor the most important obstacles, and the third and final axis provided ideas for the development of the legal system of Islamic banks in Algeria in the light of benefiting from the experience of Malaysia. The study concluded that the legal system in Algeria needs further amendments and improvements to suit the activity of Islamic banks.
28
Muhibbuddin, Muhibbuddin. "Credit: An Islamic Law Perspective." Al-Mizan 13, no. 2 (December 1, 2017): 227–42. http://dx.doi.org/10.30603/am.v13i2.912.
Abstract:
This study aims to examine the legal status of credit sale and purchase. This phenomenon is inseparable from the context of Islamic legal thinking about the legal status of the credit financing system with the addition of prices. Buying and selling credibility is one alternative for consumers to own the goods they want. The results of the study showed that there were three views of scholars regarding the legal status of the credit system sale and purchase, namely: a view that absolutely forbids, can be absolutely, and tafshil (between neutral and forbidden). The author argues that the issue of buying and selling credit is something that is not mentioned in the Qur'an, so that this authority is returned to the community, as long as it does not violate the Islamic business ethics, and there is mutual willingness to conduct transactions. Moreover, buying and selling credit is a bigger problem.
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Sulaiman, Siti Sarah, Ibtisam Ilyana Ilias, Izuan Izzaidi Azmi, Su’aida Safei, and Nurrul Huda Ahmad. "Teaching Malaysian Islamic Legal System: A Reflection of Current Development in the Shariah Legal Practice." Malaysian Journal of Social Sciences and Humanities (MJSSH) 7, no. 12 (December 31, 2022): e001954. http://dx.doi.org/10.47405/mjssh.v7i12.1954.
Abstract:
The legal system in Malaysia is uniquely characterised by the presence of dual legal system namely civil and Shariah. Thus, Shariah Law subject is very important to be taught and included in the Bachelor of Law programme. It prepares the student with strong understanding of Islamic Jurisprudence. Therefore, following the requirement imposed by the Malaysian Qualifications Agency (MQA), Malaysian Islamic Legal System (MILS) is a compulsory subject introduced at the Faculty of Law, Universiti Teknologi MARA. This paper examines the syllabus and assessment conducted for MILS subject in determining whether teaching and learning methodology of MILS is in line and attuned with the existing development of Shariah legal practice in the country. In order to achieve the aim of the paper, a qualitative methodology is employed by analysing relevant policy, program standards and literatures. Finding of the paper highlighted that the Islamic jurisprudence part is crucial for the students while the administration of Shariah Law part should always be updated in line with the contemporary issues and practices.
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Lawan, Mamman. "Islamic Law and Legal Hybridity in Nigeria." Journal of African Law 58, no. 2 (October 2014): 303–27. http://dx.doi.org/10.1017/s0021855314000151.
Abstract:
AbstractThe British colonial administration created a hybrid legal system in Nigeria where English, Islamic and customary laws apply. The English system, having a written constitution, was made dominant and the other laws apply to the extent permitted by it. However, Muslims in the northern part of the country have been making efforts to reverse this dominance, including the recent re-introduction of Islamic criminal law by 12 states. This effort is seen to be revolutionary, reverting the states to the position when Islamic law applied in full, devoid of colonial influence. This article asks whether this can break the legal hybridity and answers in the negative, arguing instead that the effort accentuates the hybridity. For example, the re-introduction of Islamic criminal law is enabled by the constitution, the constitution institutionalises the hybridity and the 12 states operate, and are bound by, the constitution. The article discusses other variables depicting the hybridity and concludes that it was a conscious colonial act, nearly impossible to break.
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Mathar, Ahmad, Hardianti Hardianti, Misbahuddin Misbahuddin, and Kurniati Kurniati. "Islamic Legal Thought Implementation in Indonesia." Journal of Sosial Science 3, no. 4 (July 30, 2022): 898–905. http://dx.doi.org/10.46799/jss.v3i4.386.
Abstract:
Islamic law is a system of law derived from the Qur'an and hadith, which subsequently evolved from legal philosophy. The result of legal thought is the production of legal documents based on the requirements of the community. In Indonesia, Islamic law grows and evolves in the form of four products of legal thought: fiqh, ulama fatwas, court rulings (jurisprudence), and laws. In Indonesia, the four products of legal thinking serve as rules for Muslims in national, state, and social life. This study sought to identify the outcomes of Islamic legal thinking in Indonesia. The technique employed is qualitative. According to the findings of this study, Islamic legal thought in Indonesia is comprised of the products of fiqh thought, fatwa thought, court decision thinking (jurisprudence), and legal thought. This product of Islamic legal philosophy touches on the order of Islamic society and, despite being independent of sharia law, can serve as a firm legal foundation.
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Rokhmad, Abu. "Institutions and Contributions to Islamic Law in Indonesia’s Legal System." Walisongo Law Review (Walrev) 3, no. 1 (June 23, 2021): 21–44. http://dx.doi.org/10.21580/walrev.2021.3.1.7282.
Abstract:
This research examines the institutionalization, position and contribution of Islamic law to the national legal system. This study uses a qualitative method with a sociological legal approach. The data source comes from legal materials such as laws and other regulations. The research results show that the institutionalization of Islamic law into the national legal system is carried out procedurally, democratically and in accordance with the needs of the community. This institutionalization is a further process and recognition of the position of Islamic law, not only as a raw material for the making of national laws, but also as a source of law (legal sources) and even a source of values (values sources) for the development of national law. The contribution of Islamic law to the development of the national legal system can be seen in the law on marriage, zakat, waqf, hajj, guarantees of halal products and others which substantively do not contradict Islamic law.[]Riset ini mengkaji tentang pelembagaan, posisi dan kontribusi hukum Islam ke dalam sistem hukum nasional. Kajian ini menggunakan metode kualitatif dengan pendekatan sosiologi hukum. Sumber data berasal dari bahan-bahan hukum seperti UU dan regulasi lainnya. Hasil riset menunjukkan bahwa pelembagaan hukum Islam ke dalam sistem hukum nasional dilakukan secara prosedural, demokratis dan sesuai dengan kebutuhan masyarakat. Pelembagaan ini merupakan proses lanjut dan pengakuan mengenai posisi hukum Islam, bukan saja sebagai bahan mentah (raw material) pembuatan hukum nasional, tapi juga sebagai sumber hukum (legal sources) dan bahkan sumber nilai (values sources) pembangunan hukum nasional. Kontribusi hukum Islam dalam pembangunan sistem hukum nasional dapat dilihat pada UU perkawinan, zakat, wakaf, haji, jaminan produk halal dan lainnya yang secara substantif tidak bertentangan dengan hukum Islam.
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Mawardi, Imam. "Islamic Law and Imperialism: Tracing on The Development of Islamic Law In Indonesia and Malaysia." AL-IHKAM: Jurnal Hukum & Pranata Sosial 13, no. 1 (July 31, 2018): 1–24. http://dx.doi.org/10.19105/al-lhkam.v13i1.1583.
Abstract:
This study has demonstrated that the Dutch and British occupation in Indonesia and Malaysia, proves Edward Said’s assessment of imperialism a vehicle for cultural hegemony. In terms of the law, the Dutch influence on the development of legal system in Indonesia cannot be denied. Likewise, British imperialism also impacted the legal systems of Malaysia in a profound sense. Dutch colonialism, which lasted for approximately 350 years in Indonesia, left its mark on the region by introducing Roman law to the Islamic Judiciary, as did the 160 years of British colonialism in Malaysia, witnessed in the forced application of Common law. From political perspective, the changes wrought to the legal system and to Indonesian Islam are the consequence of Dutch political policies which claimed to be “modernizing” Indonesia. The pervasive influence and legacy of Dutch rule on the Indonesian legal system is the practice of codification. Many developments overtaking Indonesian. Islamic law is a manifestation of this practice. Efforts to unify and create uniformity with respect to the source of law, have resulted in the enactment the law of Marriage no. 1/1974, the law of the Religious Judiciary no. 7/1989, and Kompilasi Hukum Islam di Indonesia (Compilation of Islamic Law in Indonesia) among others. However, it is naïve to view such recent developments as mere products of the influence of Dutch rule. Sociologically, developments in other realms such as education, economy, social and political structures should also be taken into account when considering the development of Islamic law.
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Mohamed Mashal, Mahmoud Ismaeil. "Legal Framework To Support Islamic Banking and Finance In The United Arab Emirates." Invest Journal of Sharia & Economic Law 2, no. 2 (December 29, 2022): 196–233. http://dx.doi.org/10.21154/invest.v2i2.5341.
Abstract:
The duality of the banking system in the United Arab Emirates and its impact on economic development today represents the reality of banking systems in countries that license Islamic banking, especially with the state's first taking into account the traditional banking system. In contrast, banks, institutions, ministries, and organizations that manage work in this field practice these systems have been enabled in Muslim countries under the pressure of economic globalization. At the same time, the country is striving to develop the field of Islamic economy, support Islamic banking while enabling modern technologies and intelligent applications in the digital age, and encourage innovation in Islamic banking and finance. This trend calls for further research and deep consideration to clarify the role of the United Arab Emirates in supporting the Islamic economy and its banking and Islamic finance, as the idea of the duality of the banking system may seem contradictory in its application. As a result of this research, the Government of Dubai has started a strategic plan to develop the Islamic economy sector. The goal is to make Dubai the leading center for Islamic finance, e-commerce, the digital content industry, design and innovation, knowledge, education, and research, as well as the global reference for Islamic economy standards. The UAE government has adopted blockchain technology to implement government transactions and to achieve the desired results; the country launched the UAE Blockchain Strategy 2021m. The characteristics of the Islamic banking system reflect the reality of Sharia rulings without living and manipulation. However, the current situation has many observations, so coexistence has become at the expense of differentiation.
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Harasani, Hamid. "Islamic Law as a Comparable Model in Comparative Legal Research." Global Journal of Comparative Law 3, no. 2 (September 26, 2014): 186–202. http://dx.doi.org/10.1163/2211906x-00302002.
Abstract:
Increasingly, Islamic law has become the subject of comparative legal study. Further, in the applied sense, comparative legal studies’ greatest value lies in understanding our own legal systems, as well as benefiting from other legal systems by importing what we lack from them. Unlike secular legal systems, Islamic law, being religious in nature and having eschatological connotations, requires reworking the comparative legal method to take account of that. When it comes to religious laws, hermeneutics play a key role, as a religious legal system will only be receptive to foreign norms if such norms earn their place internally, following hermeneutic justification. Cultural and religious pride, as well as intellectual impartiality, decrees that a legal solution should not be preferable just because it comes from the First World. This paper will therefore formulate a methodology for comparative legal studies where religious law is one of the comparative models and there are potential suggestions of legal transplant.
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Gimigliano, Gabriella. "Investigating Islamic banking in Italy." International Journal of Islamic and Middle Eastern Finance and Management 9, no. 3 (August 15, 2016): 364–87. http://dx.doi.org/10.1108/imefm-07-2015-0078.
Abstract:
Purpose The purpose of this paper is to contribute to the existing body of work in the area of Islamic banking by investigating the regulatory accommodation process of Islamic banking in Italy. Design/methodology/approach The method used is essentially based upon an analysis of laws, regulations and jurisprudence/legal doctrine. Findings In Italy, where Muslim represent, from a religious point of view, the second largest immigrant community, no Shari’a-compliant institution has been authorised yet, but no legal obstacle is laid down. Research limitations/implications The paper examines the accommodation process of Shari’a-compliant banking within the Italian system of banking and business law. Therefore, the paper is mainly based on the Italian jurisprudence/legal doctrine. Moreover, no comprehensive analysis of Islamic banking principles is provided. Practical implications The paper, investigating the accommodation process of Islamic banking in the Italian banking system, shows any legal and regulatory obstacles refraining Muslims living in Italy from living according to Islam and complying with the general regulation of undertakings. Originality/value Examination of the topic is originally undertaken because the investigation of Islamic banking in the Italian legal framework matches the business-based approach with the cultural-based approach as complementary analyses.
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Boujalal, Miftah. "The Appropriateness of the Legal System to Islamic Finance in the Algerian Model." مجلة إسرا الدولية للمالية الإسلامية 8, no. 2 (December 25, 2017): 149–67. http://dx.doi.org/10.55188/ijifarabic.v8i2.277.
Abstract:
The Algerian state has adopted the conventional financial system, but it has recently begun studying the possibility of officially adopting what is called Islamic banking. What that means is recognizing it with a legislative act distinct in its principles, regulations and practice. This was after international recognition of the superiority of this alternative financial system and the after rapid sanction of it by various countries and legal systems in the east and west it through their financial and monetary agencies. However, while waiting for this distinctive legislation to materialize in Algeria, Islamic banking as a sanctioned system for organizing and stimulating trade cannot be considered a stranger to the Algerian legal system, even if most of that system is taken from France. It is, in fact, able to adopt Islamic finance without substantial changes. The Algerian legal system that was developed since Algeria’s political independence from France has recognized the special features of the Shari’ah rules that govern commercial and financial transactions. These are embodied in a framework of various dimensions which bestows the required coordination between the firmly established Shari’ah principles and the ijtihad-based rules appropriate to the legal environment in effect at the time. Based on this, it would be beneficial to explain the ways that the general rules of Islamic finance are consistent with the Algerian legal code, whether from the angle of its laws that deal with transactions or the rules that deal with the regulatory structures that actually guarantee the legality or credibility of Islamic financial products.
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Mujahid, Ilham. "Transformasi Fikih Munakahat tentang Hukum Menikahi Wanita Ahli Kitab ke dalam Kompilasi Hukum Islam Pasal 40 Huruf (C)." Istidlal: Jurnal Ekonomi dan Hukum Islam 3, no. 1 (April 11, 2019): 81–91. http://dx.doi.org/10.35316/istidlal.v3i1.131.
Abstract:
There are three elements examined in this article, namely: legal transformation, Islamic law, and compilation of Islamic law. Legal transformation is a change of law from a legal system to another legal system with characteristics that are not the same so that it changes shape, nature and substance. Islamic law question is the dimension of marriage fiqh which is transferred to the Compilation of Islamic Law, with the process of national legislation. The substance of Jurisprudence about the prohibition of marrying expert women of the Book from the books of Jurisprudence became the focus of the study, then traced how the transformation process into the Compilation of Islamic Law Article 40 letter (c).
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Powers, David S. "The Maliki Family Endowment: Legal Norms and Social Practices." International Journal of Middle East Studies 25, no. 3 (August 1993): 379–406. http://dx.doi.org/10.1017/s0020743800058839.
Abstract:
Historians of Muslim societies have observed that, in principle, the strict application of the Islamic rules of inheritance would result in the progressive fragmentation of capital. Although technically correct, the observation fails to take into account the fact that the Islamic inheritance rules are but part of a larger and flexible Islamic inheritance system that also includes bequests, gifts inter vivos, family endowments, dowries, fictitious sales, and other modes for the devolution of property. This larger system has served Muslims, rich and poor, for over 1,400 years, although it operates differently in different places. The most important component of the Islamic inheritance system arguably has been the family endowment, known among the Malikis as ḥabs (popularly, habous) and elsewhere as waqf ahlī. This institution came into existence in the first Islamic century, in part because the Islamic inheritance rules proved too constraining, and soon became an integral component of the Islamic legal system. It allows a proprietor to transform immovable property such as a house or field into a perpetual endowment for one or more beneficiaries and subsequent generations of descendants; the property thereafter may not be bought, sold, or inherited. The founder designates the initial beneficiaries and defines the strategy according to which usufructory rights pass from one generation to the next. Thus, the founder may control the devolution ofendowment revenues for many generations after his or her death.
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Mardani, Mardani. "HUKUM ISLAM DALAM SISTEM HUKUM NASIONAL." Jurnal Hukum & Pembangunan 38, no. 2 (June 3, 2008): 175. http://dx.doi.org/10.21143/jhp.vol38.no2.170.
Abstract:
AbstrakThis article does describe concerning Islamic law existence in Indonesialegal system. The author writes that Islamic law that has became obeyedlegal norms system by majority Muslim as living law. It has also beeninherently dogma and belief of Islamic religion and in national policytowards legal developm ent then becomes significant factors. Elaboration onIslamic law here focuses in historical approach and applies existence theory.The existence theory does figures Indonesia legal system at past, current andfuture times. This theory also proposed that Islamic law is exist inIndonesian law either in written or unwritten and can find in various life 'saspects and legal practices.
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DIMYATI, Khudzaifah, Mukharom RIDHO, Kelik WARDIONO, Absori ABSORI, and Arief BUDIONO. "Developing Islamic Legal Philosophy-Based Assurance of Justice." WISDOM 24, no. 4 (December 25, 2022): 193–203. http://dx.doi.org/10.24234/wisdom.v24i4.808.
Abstract:
Justice is the essence of law enforcement. Justice is importan in the legal system at various countries, The absensce of justice was problem because if legal system lack of justice there would be made public believe ruined and legal system would collapse. In the Islamic legal thought, justice was the essence. However, it cannot be denied that the development of Islamic legal thought cannot be separated from the conception of justice. Justice in the explanation is included in the category of substantive law. Justice is defined from a theological point of view, God's relationship with humans is vertical. Allah as the Most Just and Most Right knows the truth and ultimate justice. Humans must always find justice and truth given by God through the process of ijtihad. The principle of justice requires the use of ratios to make comparisons between one case that is not explained by the Word of God or the words of the Prophet with another case that has legal legitimacy. In that way, Islamic law develops and reaches a wider range of legal cases based on the principle of equality.
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Haque, Amber. "Forensic Psychiatry in Islamic Jurisprudence." American Journal of Islam and Society 19, no. 3 (July 1, 2002): 111–14. http://dx.doi.org/10.35632/ajis.v19i3.1925.
Abstract:
Forensic psychiatry deals with mental illness from a legal perspective. The term forensic is derived from the Roman word forum, a meeting place where legal judgments were made on cases of a legal nature. In a sense, that ancient forum has become the modern legislature and courtroom. The forensic psychiatrist is not only a physician, but one who enters the house of law trying to protect the interest of society as a whole. There are many books on this subject, but the one under review claims to be the first to deal with forensic psychiatry from an Islamic perspective. The author, Kutaiba Chaleby, is a Distinguished Fellow of the American Psychiatric Association (APA) and has worked in the clinical, academic, and administrative settings for many years in both Muslim and non-Muslim countries. In the introduction, Chaleby points out that the legal system in most Islamic countries is derived from British or other European legal traditions as a result of colonialism, except in matters of personal status, family relationship, and inheritance laws. However, he contends that this scenario is changing, as many Islamic countries are now trying to use Islamic law in their courts. Saudi Arabia is an exception, since it was never influenced by any type of western legal system and uses the Shari'ah in all legal matters, including forensic cases. While forensic psychiatry, as such, does not exist in Islamic literature, its major issues of concern have been addressed by Muslim scholars over the years. The present work is intended as a basic guide for psychiatrists to make decisions on forensic cases from an Islamic perspective. The author also hopes to "illuminate" the thinking and practice of modern secular forensic psychiatrists. A short account of Islamic law covering the ...
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Sugianto, Fajar, Denny Ardhi Wibowo, and Tomy Michael. "KEDUDUKAN INSTRUKSI PRESIDEN REPUBLIK INDONESIA NOMOR 1 TAHUN 1991 TENTANG PENYEBARLUASAN KOMPILASI HUKUM ISLAM DALAM SISTEM HUKUM KEWARISAN INDONESIA." Jurnal Aktual Justice 5, no. 1 (June 8, 2020): 19–37. http://dx.doi.org/10.47329/aktualjustice.v5i1.518.
Abstract:
The Islamic inheritance law system is one of the inheritance law systems that apply in Indonesia. Presidential Instruction 1/1991 is a legal instrument that makes Islamic law a positive law in Indonesia, however, the development of the constitutional system and the legal system in Indonesia has undergone very rapid changes since the reform era. This raises new legal problems in the implementation of the Compilation of Islamic Laws considering that the position of Presidential Instruction 1/1991 in the statutory system is not known as statutory regulation.In the aspect of binding power, the Presidential Instruction cannot be applied to the public because it does not have general binding power and only binds inwardly against officials with a lower position in 1 (one) institution. Even so, the existence of Presidential Instruction 1/1991 is still recognized to this day considering that its substance was formed through a joint decision between the Minister of Religion and the Chief Justice of the Supreme Court. Thus, the Compilation of Islamic Law binds religious court judges who are under the environment of the Supreme Court. Judges can use the Compilation of Islamic Law as a legal basis for resolving disputes that occur between Muslim communities.
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Habib, Dr Habib ur Rehman, and Prof. Dr. Rashad Ahmad Saljoq. "مصادر قانون بطور سند." Al-Idah | Shaykh Zayed Islamic Centre, University of Peshawar 37, - 2 (January 12, 2020): 1–27. http://dx.doi.org/10.37556/al-idah.037.02.0368.
Abstract:
Validity of the law depends on its derivation from legitimate sources. The term ‘source’ denotes the norm that validates a law. Western law is based on western legal tradition which is deeply rooted in Roman law and Bible. Statutes is one of the basic source of western law, however, constitution is superior source of western legal system. The sources of Islamic law, unlike to western legal system, are basically divided into primary and secondary sources. This study aims to compare the authority of sources of legal systems, Islam and western, and analyze the objections of orientalists on Islamic law and its sources.
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Supardin, Supardin, and Abdul Syatar. "Adultery Criminalization Spirit in Islamic Criminal Law: Alternatives in Indonesia’s Positive Legal System Reform." Samarah: Jurnal Hukum Keluarga dan Hukum Islam 5, no. 2 (December 26, 2021): 913. http://dx.doi.org/10.22373/sjhk.v5i2.9353.
Abstract:
This study aims to provide new ideas in the criminal law reform discourse in Indonesia, especially concerning the adultery issue, by employing a socio-legal approach and Islamic criminal law. The socio-legal approach was performed by combining normative analysis and non-legal scientific tactics in observing the applicable law. Meanwhile, the Islamic criminal law was used to assess and contribute new ideas to the Indonesian legal system in the future, presuming criminal law reforms are implemented. The results indicated fundamental weaknesses in Article 284 of the Criminal Code (KUHP) in terms of defining adultery and the prescribed sanctions. Hence, the community’s need for efforts to reform the adultery penalty following the national culture is inevitable. The best solution is that the spirit of adultery sanctions in Islamic criminal is expected to be an alternative to renew Indonesia’s criminal law system in the future. Although some elements of the nation may not expect the form of adultery sanction in Islamic penalties, the spirit in it aims to have strong legal certainty and maintain human life
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Wilson, Rodney. "Financial Economics: Islamic Finance in Europe: Towards a Plural Financial System." Journal of Economic Literature 51, no. 4 (December 1, 2013): 1198–99. http://dx.doi.org/10.1257/jel.51.4.1183.r7.
Abstract:
Rodney Wilson of Emeritus Professor, Durham University reviews, “Islamic Finance in Europe: Towards a Plural Financial System” by Valentino Cattelan. The Econlit abstract of this book begins: “Fifteen papers investigate Islamic finance in Europe as part of a plural financial system in the current age of globalization, through a multi- and interdisciplinary approach to law and economics. Papers discuss law as a kite—managing legal pluralism in the context of Islamic finance; a glimpse through the veil of Maya—Islamic finance and its truths on property rights; Islamic moral economy as the foundation of Islamic finance; financial stability and economic development—an Islamic perspective; Islamic banking contracts and the risk profile of Islamic banks; the economic impact of Islamic finance and the European Union; migrant banking in Europe—approaches, meanings, and perspectives; women's empowerment and Islam—open issues from the Arab world to Europe; Islamic banking in the EU legal framework; regulating Islamic financial institutions in the United Kingdom; Luxembourg—a leading domicile for Shari'ah compliant investments; managing Islamic finance vis-à-vis laïcité—the case of France; a critical view on Islamic finance in Germany; the development of Islamic banking in Turkey—regulation, performance, and political economy; and the move toward a plural financial system. Cattelan is Lecturer in Islamic Finance at the University of Rome ““Tor Vergata.””
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Subaidi, Subaidi. "Rekonstruksi Hukum Pasar Modal Syariah dalam Memberi Jaminan Kepastian Hukum." Istidlal: Jurnal Ekonomi dan Hukum Islam 1, no. 2 (October 2, 2017): 155–66. http://dx.doi.org/10.35316/istidlal.v1i2.105.
Abstract:
The shari'a concept in Islamic capital market industry is generally considered haven’t been able to provide guaranteeing legal certainty. Public that has been accustomed to using conventional concept feel more secure with guaranteeing legal certainty of conventional concept in capital market industry. That public confidenceissue became a positive correction in developing Islamic capital market industry in Indonesia. Guaranteeing legal certainty is indispensable in the legal system of society, so that required a legal reconstruction in Islamic capital market industry in Indonesia. The questions are; what is the importance of law in Islamic capital market industry and how is the configuration of law reconstruction in Islamic capital market industry in the future.
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Lathifah, Anthin, Briliyan Ernawati, and Anwar Masduki. "Problems with the islamic legal system regarding child marriages in Indonesia during the covid-19 pandemic period." Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan 22, no. 2 (December 2, 2022): 155–76. http://dx.doi.org/10.18326/ijtihad.v22i2.155-176.
Abstract:
The high number of child marriages during the Covid-19 pandemic period poses problems related to the Islamic legal system in Indonesia. This study aims to describe the problems of the Islamic legal system regarding the phenomenon of child marriages during the pandemic period in Indonesia. This paper is the result of a qualitative research with a socio-legal analysis approach, that is based on Friedman Hayden's legal system theory. The results of the study show that there are three substantial problems with the Islamic legal system, namely: (1) the problem associated with the legal substance where the Marriage Law stipulates the age of a bride to increase from 16 to 19-year-old as contained in article 7 paragraph (1) of the Marriage Law number 16 of 2019, while at the same time it enables child marriages to be carried out through a marital dispensation request, it acknowledges marital vows (ithbat), and there is an absence of legal sanctions for violating the Marriage Law; (2) the problem related to the legal structure of child marriages that is rooted in the formation, enforcement, and development of child marriage law; and (3) the problem of legal culture in relation to the legal behavior of child marriage, unregistered marriages (sirri) for minors, and the lack of social arrangements to promote the culture of marriage at a mature age. Therefore, this paper offers a reconstruction of the Islamic legal system in terms of legal substance, legal structure, and legal culture to minimize child marriage practices in Indonesia.
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Widuhung, Sisca Debyola, and Aris Machmud. "Sharia Banking Position in the Economic and the National Legal System." International Journal of Social Service and Research 2, no. 9 (September 23, 2022): 770–79. http://dx.doi.org/10.46799/ijssr.v2i9.142.
Abstract:
The Position of Sharia banking in Indonesia legal system is important. The study aims to find out how is the position of sharia banking in the national legal system. The method used in this research is normative juridical with qualitative analysis approach. Moreover, the result is the position of Islamic banks in the economic system is as a bank institution that helps the Indonesian economy in increasing financial inclusion and becomes an institution that carries out an intermediary function. In relation to the national legal system, Islamic banking has a strong position, because it is an inseparable part of the legal system in force in Indonesia.
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Hanif, Muhammad. "Economic substance or legal form: an evaluation of Islamic finance practice." International Journal of Islamic and Middle Eastern Finance and Management 9, no. 2 (June 20, 2016): 277–95. http://dx.doi.org/10.1108/imefm-07-2014-0078.
Abstract:
Purpose Islamic financing is based on the ideology of Islam, proposing a different economic system than capitalism. The essence of Islamic financing lies in trading of goods, provision of services and/or investment under profit and loss sharing. This study aims to examine legal forms and economic substance of the contracts used by the Islamic financial industry. Design/methodology/approach To conclude on the objectives of the study, five most widely used contracts (modes/products), including Murabaha, Ijarah, Diminishing Musharaka, Sukuk and Mudaraba (deposits), were selected to test against the theory of the Islamic financial system. Findings It is found in the process that legally (legal form) contracts/products are in line with theory; however, economic substance is not very different from conventional counter parts. Practical implications Through application of alternative calculation measures/methods and proper training of human resources, Islamic financial institutions can shift economic substance of contracts in line with the theory of Islamic finance. Originality/value Islamic finance is an emerging area, and reasonably good amount of literature is available; however, perhaps, this is the only piece of work focusing on calculation methods, contributing in economic substance of contracts, being used in modern Islamic finance in addition to legal form as per essence of Islamic financial system.