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All Journal Al-Ahkam Walisongo: Jurnal Penelitian Sosial Keagamaan
Muhammadi, Qasim
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Islamic Sharia and Non-Muslim Citizens in Kanunname During Sultan Abdul Hamid II of the Ottoman Empire Alizar, Meirison; Muhammadi, Qasim
Walisongo: Jurnal Penelitian Sosial Keagamaan Vol 27, No 1 (2019)
Publisher : LP2M - Universitas Islam Negeri (UIN) Walisongo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/ws.27.1.3543

Abstract

The tolerant spirit of Islam has inspired Ottoman rulers to adopt policies relating to non-Muslim citizens. The leadership crisis in the Ottoman Empire and the Western interests through capitulation have changed judicial system in the empire, including the system for non-Muslims that allows them to conduct their own judiciary and provide absolute freedom of religious matters. Tanzim?t, which is expected to bring improvements to the legislation system in Ottoman Empire, has marginalized Islamic law which is only enforced in a?w?l al-shakh?iyyah. Sultan Abdul Hamid II tried to maintain Islamic law by codifying Western European style. Some legal codifications contain qaw?id fiqhiyyah (principles of Islamic law) which are sourced from the books of the Hanafi School of jurisprudence, and some others adopt Western laws by taking a few opinions of Islamic jurisprudence. This study analyzed various literatures related to policies towards non-Muslim citizens in the Ottoman era. The study uses descriptive and qualitative methods with a content analysis approach. Broadly speaking, this study found that the Ottoman Empire had given good treatment to non-Muslim citizens. The non-Muslim citizens get various facilities from the State, including the establishment of special institutions that handle their own affairs, although at the same time they have been used by Western countries to support their interests in Ottoman Empire.
Distribution of Heritage Association of Harta Pusaka Tinggi And Harta Pusaka Rendah in Padang Pariaman Elfia, Elfia; Meirison, Meirison; Muhammadi, Qasim
Al-Ahkam Volume 30, Nomor 1, April 2020
Publisher : Faculty of Shariah and Law, State Islamic University (UIN) Walisongo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (405.446 KB) | DOI: 10.21580/ahkam.2020.30.1.5273

Abstract

This research is motivated by a phenomenon of the distribution of inheritance that occurs in the Nagari Lurah Ampalu community. They hand over inheritance (pusako rendah) at the pusaka tingg" property to girls. Some of the problems in this study are, the factors causing the community to divide pusaka tinggi and pusaka rendah are not based on Islamic law and the method of settlement by Shari'a for the two types of inherited assets that have been mixed. Data in this paper were obtained through interviews and documentation. The factors causing the community to share this inheritance are derived from the traditions of previous ancestors, the lack of community knowledge in faraid science and the existence of coercion between heirs. The solution used by local clerics is to calculate the price of pusaka tinggi land and the proceeds of the sale are left to the pusaka tinggi property holders. Assets that are on ancestral inheritance are distributed to heirs according to the law of farā'iḍ. The final solution is to move or eliminate assets above pusaka tinggi .
Distribution of Heritage Association of Harta Pusaka Tinggi And Harta Pusaka Rendah in Padang Pariaman Elfia, Elfia; Meirison, Meirison; Muhammadi, Qasim
Al-Ahkam Volume 30, Nomor 1, April 2020
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (405.446 KB) | DOI: 10.21580/ahkam.2020.30.1.5273

Abstract

This research is motivated by a phenomenon of the distribution of inheritance that occurs in the Nagari Lurah Ampalu community. They hand over inheritance (pusako rendah) at the pusaka tingg" property to girls. Some of the problems in this study are, the factors causing the community to divide pusaka tinggi and pusaka rendah are not based on Islamic law and the method of settlement by Shari'a for the two types of inherited assets that have been mixed. Data in this paper were obtained through interviews and documentation. The factors causing the community to share this inheritance are derived from the traditions of previous ancestors, the lack of community knowledge in faraid science and the existence of coercion between heirs. The solution used by local clerics is to calculate the price of pusaka tinggi land and the proceeds of the sale are left to the pusaka tinggi property holders. Assets that are on ancestral inheritance are distributed to heirs according to the law of farā'iḍ. The final solution is to move or eliminate assets above pusaka tinggi .
Co-Authors Alizar, Meirison Elfia Elfia Meirison Meirison, Meirison