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All Journal Legal Protection for the Partnership Agreement Parties International Journal of Law and Society
Ismail, Faisal Husen
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Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Customary and Islamic Practices in Inheritance Distribution: Insights from The Gampong Customary Court in Pidie Ismail, Faisal Husen; Muzana, Zaitun; Hamat, Zahri; Sulong, Jasni
Al-Risalah Vol 24 No 2 (2024): December 2024
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v24i2.1544

Abstract

This study explores the methods of inheritance distribution employed by the Gampong Customary Court (Peradilan Adat Gampong) in Pidie. The research aims to shed light on the foundations and decision-making processes behind resolving inheritance disputes in the court. Using a descriptive qualitative approach, the study incorporates both secondary and primary data. Secondary data were gathered through literature reviews of dissertations, books, journals, and newspaper articles, while primary data were collected through interviews. A purposive sampling method was employed, selecting eight informants, including community leaders, religious figures, customary leaders, and intellectuals. A pilot study was conducted to ensure the relevance and accuracy of interview questions. Content analysis was used to examine both primary and secondary data. The study found that the Gampong Customary Court primarily relies on Islamic law and local customs when handling inheritance disputes. This study highlights several practical implications for inheritance management in Pidie, Aceh. The application of ijbari principles ensures compliance with Islamic teachings while respecting local customs. Practitioners must be proficient in both legal frameworks. Additionally, the suloh/syura model, which prioritizes consensus and dialogue, can be employed to resolve inheritance disputes and foster family harmony. Therefore, this study recommends strengthening the role of local leaders in resolving inheritance conflicts to build community trust and reduce the caseload in Sharia courts.
PRISMA-Based Study on Integrating Islamic Principles into Legal Systems: Human Rights in Egypt and Indonesia AN, Andri Nirwana; Elbanna, Mariam; Ismail, Faisal Husen; Daud, Zainora; Mohd Salleh, Norsaleha; bin Kirin, Arwansyah; Marisa, Siti Nurkhafifah; Husein, Muhammad Zakir
International Journal of Law and Society Vol 3 No 3 (2024): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v3i3.90

Abstract

This study explores the application of Qur'anic human rights principles in Egypt and Indonesia, focusing on how Islamic teachings are integrated into modern legal systems amidst different cultural, political, and historical contexts. The study investigates the balance between universal human rights standards and Islamic jurisprudence, identifying variations in the interpretation and application of these principles in both countries. The PRISMA framework was used as the basis for the method, ensuring a systematic and transparent approach to reviewing legal texts, academic literature, and case studies. The technique began by identifying sources relevant to applying human rights law in the context of Islamic teachings in Egypt and Indonesia. A focused search was conducted using Web of Science and Scopus databases, targeting articles published between 2014 and 2024. Inclusion criteria ensured that the study analyzed recent and high-quality research on the intersection of Qur'anic principles and international human rights standards. The study shows that Egypt faces challenges in implementing Qur'anic teachings due to conservative interpretations that limit gender equality, freedom of expression, and freedom of religion. In contrast, Indonesia is more flexible by balancing Islamic principles with modern democratic values. This allows for a broader interpretation of Qur'anic principles, especially gender equality and religious freedom. The role of ijtihad in Indonesia is crucial in adapting Islamic law to contemporary human rights standards. This study highlights the complexity of aligning Islamic teachings with global human rights norms. It emphasizes the importance of revisiting traditional interpretations of the Qur'an to better align them with contemporary values ​​of justice, equality, and human dignity, as well as ensuring respect for the human rights of all citizens.
Co-Authors Andri Nirwana AN bin Kirin, Arwansyah Daud, Zainora Elbanna, Mariam Husein, Muhammad Zakir Marisa, Siti Nurkhafifah Mohd Salleh, Norsaleha Muzana, Zaitun Sulong, Jasni Zahri Hamat