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Al-Mawarid Jurnal Hukum Islam
Al-Mawarid Jurnal Hukum Islam adalah jurnal berkala ilmiah yang diterbitkan oleh Jurusan Syari’ah Fakultas Ilmu Agama Islam Universitas Islam Indonesia Yogyakarta bekerjasama dengan Himpunan Ilmuan dan Sarjana Syari’ah Indonesia ( HISSYI). Jurnal ini mengkhususkan diri pada kajian, penelitian, pengembangan pemikiran Hukum Islam dan isu-isu kontemporer. Al-Mawarid Journal of Islamic Law is a scientific periodical journal published by the Department of Shari’ah the Faculty of Islamic Studies Islamic University of Indonesia Yogyakarta Indonesia in cooperation with the Association of Shari’ah Scientists and Scholars of Indonesia ( HISSYI Himpunan Ilmuan dan Sarjana Syari’ah Indonesia ). This journal specializes in the discourse, research, development of Islamic law thought and contemporary issues.
Articles
124
Articles
مناهضة العنف الأسري كوردستان العرق أنموذجا دراسة فقهيّة تقويميّة

Arif, Arif Ali, Kholid, Ridwan Hazim

Al-Mawarid Jurnal Hukum Islam Vol 15, No 1 (2015): Islamic Family Law Reform in Contemporary Indonesia
Publisher : Islamic University of Indonesia

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Abstract

The following article tries to trace two important issues of act relating to domestic violence in Kurdistan, Iraq. This study denotes the study of contemporary jurisprudence regarding the issue of beating and coercion in the family. It sparked controversy in the perspective of the law and sharia law. This issue then be viewed from the concept of gender. The aim of this study is to clarify the concept of domestic violence and to indicate the issues contained in the legislation in jurisprudence viewpoint. Inductive approach used by researchers to collect scientific data in this research as well as analysis of other assistance. Results of this study have revealed that sometimes there are problems in the structure of the language, as well as contradict using of terminology. In addition, the lack of precision in the preparation draft of act which opposed to some provisions of sharia. This requires that the Kurdistan regional government to review the issue of requalification from the perspective of jurisprudence, law, languages, psychology and sociology. Keywords : Domesticviolence, Kurdistan, Gender, Kurdishlegislation.

EARLY-AGE MARRIAGE IN PERSPECTIVE OF INDONESIAN ISLAMIC FAMILY LAW

., Nashuddin, Tahir, Masnun

Al-Mawarid Jurnal Hukum Islam Vol 15, No 1 (2015): Islamic Family Law Reform in Contemporary Indonesia
Publisher : Islamic University of Indonesia

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Abstract

The article below tries to describe early age marriage according to contemporary Islamic Family law. Actually the substance of Islamic family law is to create a social merit for people in the present and the future. Islamic law is humane and always brings mercy to the world. It intends to make the Islamic law remain up to date, relevant and able to respond to the dynamics of the times. The government prohibits early-age marriages by several considerations. Even though, the religion does not limit the age of marriages, but it also has a positive value. Such a problem is quite a dilemma. Therefore, in such a context Islam is a mercy to the universe, including Indonesia, the grounding of Islamic law in the faces that follow the movement of the people of Indonesia to follow the motion flow of the Indonesian people to be a necessity. Thus, in the view of the author, in the Indonesian context, the grounding of values of Islamic law, or, more precisely, the adaptation of Islamic law in the social change of Indonesian people. It can be used as a counter towards the practice of early-age marriages that are in fact still be mistaken by most Indonesian society. Thus, the assumption that early-age marriages are permitted by religion but not permitted under the law is wrong and is the form of ignorance about the history of the building concept of the establishment of syari’ah law in general, the history and formation as well as the enactment of the Act No. 1 in 1974 in particular, as well as the understanding and dissemination of the concept and application of the Indonesian Fiqh. Keywords : Marriage, Early Age, Islamic Family Law, Contemporary, and Indonesia.

إستعراض علي إجتهاد محمّد أبي القاسم حاج حمد في أحكام الأسرة

Mth, Asmuni

Al-Mawarid Jurnal Hukum Islam Vol 15, No 1 (2015): Islamic Family Law Reform in Contemporary Indonesia
Publisher : Islamic University of Indonesia

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Abstract

إنّ الموقف من المرأة في العالم الاسلامي مازال محكوما بجملة من القضايا والامور التي ظلت حبيسة منهج تفسيري محافظ ترسخ علي مدي قرون بفعل إختلاط الفكر الديني بالموروثات

[BOOK REVIEW] Menuju Fiqh Keluarga Progresif

Yulianti, Rahmani Timorita

Al-Mawarid Jurnal Hukum Islam Vol 15, No 1 (2015): Islamic Family Law Reform in Contemporary Indonesia
Publisher : Islamic University of Indonesia

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Abstract

Discourse of Muslim family issues from the classical period to the contemporary era today, has undergone with dynamics need to be responsive justification of Islamic law. The dynamics of family issues can not be separated from the changes taking place in society. According to James W. Vand er Zanden in Nasruddin Rusli1 that happened changes were caused by several factors, for instances a) Increasing or decreasing the population and changes in the ecosystem that exists around humans. b) Other Effect of cultural community as a result of cultural interaction. c) The nature of the community collectively, movement, and social revolution. and d) Tech- and modernity.

رأي أبي حنيفة في وجود والي الزواج

Juliansyahzen, Muhammad Iqbal

Al-Mawarid Jurnal Hukum Islam Vol 15, No 1 (2015): Islamic Family Law Reform in Contemporary Indonesia
Publisher : Islamic University of Indonesia

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Abstract

This paper discusses about the position of guardian in marriage. A marriage certainly has the goal to establish a harmonious family which in the language of religion called by sakinah, mawadah and rahmah. In order to realize the noble purpose of marriage, the majority of scholars consider it important for the guardianship in a marriage as one of the form to preserve the rights of women who are under guardianship. Although most of scholars argued that the guardian as pillars of marriage as adopted in Indonesia by existing any legislation, however there is one who different from the other scholars, he is Imam Abu Hanifah. According to him, the guardian is not included pillars of a marriage. The arguments is used by Abu Hanifa is analogy (qiyas) that mature girl is actually same as the widow. A woman who has grown up in this case as one who would marry is a person of the most understanding of himself. Imam Abu Hanifa’s frameworks more reasonable caused by the social conditions surrounding that metropolitan. Thus, the socio-civic of someone will affect the thinking constructs. Keywords : Guardian, Imam Abu Hanifah, Social-Civic.

INTERFAITH MARRIAGE IN THE CONSTITUTION AND THE ISLAMIC LAW DINAMICS IN INDONESIA

Nurcholish, Ahmad

Al-Mawarid Jurnal Hukum Islam Vol 15, No 1 (2015): Islamic Family Law Reform in Contemporary Indonesia
Publisher : Islamic University of Indonesia

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Abstract

Marriage between different religious believers in Indonesia is not a fabricated story. In fact, the data from various institutions which provide counseling, advocacy and facilitation for interfaith marriage, notes around 10 to 20 couples each month getting married officially or religiously. Yet, this fact is disregarded, and even covered as nothing happens. Those who do interfaith marriage are queer and even breaking religious teachings and conducting promiscuous sexual acts. This paper, then, will describe three important points about interfaith marriage in Indonesia. First, how is the constitution in Indonesia regulating this marriage? Is there any regulations clearly banning or allowing it? Second, how is the religious law, specifically Islamic law, provide foundation and legal arguments? Third, how is the practice of interfaith marriage in Indonesia? Why do some of them choose to go abroad for having their interfaith marriage? How is interfaith marriage technically held in Indonesia and possible to be acknowledged formally? Apart from those three main points above, this paper will also discuss the dynamics of interfaith family. In particular, the discussion on the living in diversity, respect and appreciation, and how children education is done, especially the religious one. Keywords : Marriage, Interfaith Marriage, Positive Law, Constitution, Islamic Law.

THE DISCOURSE OF INDONESIAN FIQH Methodological Bid of Family Law Reform

Wahid, Marzuki

Al-Mawarid Jurnal Hukum Islam Vol 15, No 1 (2015): Islamic Family Law Reform in Contemporary Indonesia
Publisher : Islamic University of Indonesia

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Abstract

The following article discusses the methodology bid and that of family law reform. This discussion is an affirmation that the Indonesian fiqh which is constructed based on reality Indonesia. Most of the Indonesian fiqh still littered the pages bahtsul masa’il decision, the Majlis Legal Affairs Committee, the board hisbah, MUI’s fatwa, and in the form of motion religiosity Indonesia’s diverse Muslim communities. Others fiqh of Indonesia have entered into a state structure, which is a positive law. Fiqh Indonesia as positive law is a political and social construction, not merely theological formulation, but also the factors of non-theological is a logical consequence of the building fiqh who live in the midst of true nation-state based on Pancasila and justified by the state’s political decision , Therefore, approved or rejected a formulation of Islamic law in the legislative process is not as theologically correct or incorrect, but because of the victory of the political configuration and the dominant actors who are able to influence the legislature and the Government as the legislators and the public as a support group or a suppressor. On that basis, the creation of a public space free (free public sphere), controversy or public debate about Indonesian fiqh is actually very productive. In this debate konterks Shari’ah understood in the context of Indonesian-ness, defined and redefined in the public space nationality how Shari’ah take a constructive role in the big house Pancasila. Keywords : Methodology, Indonesian Fiqh, Islamic Family Faw, and Reform.

MUSLIM FAMILY LAW REFORM IN INDONESIA (A Progressive Interpretation of The Qur’an)

Mulia, Siti Musdah

Al-Mawarid Jurnal Hukum Islam Vol 15, No 1 (2015): Islamic Family Law Reform in Contemporary Indonesia
Publisher : Islamic University of Indonesia

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Abstract

If we look at Muslim Family laws in different countries or communities, we can see how different they are from one another and how more or less option-giving they are for women. There is obviously no such thing as the Sharia as a God given law, eternal and a-historical. The fact is there are many different Muslim Family laws and they are really man-made. One of the subtle but most pervasive areas of discrimination against women in the Muslim world today is the inequality that occurs within the context of the family. Throughout Muslim countries, Muslim women are speaking out about such discrimination and are fighting for reform of family laws to promote justice and equality within the family. This Article outlines key discriminatory provisions within Muslim Family Law in Indonesia which is called The Compilation of Islamic Law (1991) and the efforts being made by progress Indonesian Muslim to advocate for comprehensive reform of the Compilation. This effort includes developing an understanding of why and how reform of Muslim family laws is possible using the principle of justice and equality in Islamic perspective. The last part of this article will introduce a new draft of The Compilation of Islamic Law which is called the Counter Legal Draft of The Compilation of Islamic Law (The CLD) in 2004, that is based on the principle that the Quranic ideal for the Muslim family is founded on the fundamental Islamic values of human equality and freedom. The CLD is constructed on the premise that the realization of the Quranic vision of the family can be achieved only if the values of equality and freedom are reflected in all aspects of the regulation of marriage and family. Keywords : Family Law, Reform, Indonesia, CLD KHI and Progressive.

THE JUDGE’S ROLE IN ISLAMIC FAMILY LAW REFORM IN INDONESIA

Fauzi, Achmad

Al-Mawarid Jurnal Hukum Islam Vol 15, No 1 (2015): Islamic Family Law Reform in Contemporary Indonesia
Publisher : Islamic University of Indonesia

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Abstract

There is no eternal on the earth, said the Greek philosopher Heraclitus (540- 480 BC), except the change. This famous phrase greatly affect many aspects, not least the development in the field of Islamic family law in Indonesia. Family law reform has become a sort of primary petition in every era given the dynamics of community life continues to grow rapidly. Therefore, the law is not adaptive and do not have a range beyond its time not unlike the dead artifacts in the museum’s history. While the law is the law of life that has a historical footing and strong social legitimacy in tune with the pulse of public life. That’s the law of political design is aspired by all the people in the coming era. Keywords : Reform, Islamic Family Law, The Judge’s Ruling, Religious Courts, Legal Discovery, Creation of Law

UNREGISTERED MARRIAGE IN ISLAMIC LAW PERSPECTIVE A CRITICAL STUDY OF ISLAMIC LAW COMPILATION

Maloko, Muhammad Tahir

Al-Mawarid Jurnal Hukum Islam Vol 15, No 1 (2015): Islamic Family Law Reform in Contemporary Indonesia
Publisher : Islamic University of Indonesia

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Abstract

This article below constitutes author’s dissertation that discusses the “unregistered marriage ( nikah sirri ) in perspective of Islamic law a critical study of Islamic Law Compilation”. The problem statement of this, namely: how is nikah sirri in the perspective of Islamic law, what factors denote the background of nikah sirri, and how is the impact for those who do marriage nikah sirri? Unregistered marriage or nikah sirri according to Islamic law is valid if it meets the requirements harmonious and marriage. As for the cause, among others: economic factors, social status and moral crisis. Meanwhile the impact that would arise from a marriage that is not recorded are nominally: the marriage is considered invalid, even though the marriage was performed according to the religion and beliefs, but in the eyes of the state of marriage is invalid if it has not been noted by KUA or Civil Registry Office, Children born from such marriage only have a civil relationship with the mother and the mother’s family, while a civil relationship with his father was not there. It means that the child can not claim the rights of the father. By being born in a marriage that is not recorded, the birth of a child becomes legally registered also in violation of the rights of children. Children’s status as children outside of marriage. Further result of marriage is not recorded, both wife and children were born of the marriage is not entitled to demand a living or inherited from his father. Keywords : KHI, Islamic Law, Unregistered Marriage, Legal Status.