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All Journal Spektrum Hukum International Journal of Law Reconstruction Jurnal Konstitusi Harmoni Journal of Law and Policy Transformation Jurnal Konstitusi Jurnal Islam Nusantara International Journal of Law Society Services International Journal of Islamic Thought and Humanities Journal of Constitutional Law Society (JCLS) Journal of Modern Islamic Studies and Civilization Journal of Progressive Law and Legal Studies Journal of Business Management and Economic Development Journal of Community Service and Society Empowerment Taruna Law Jurnal Legislasi Indonesia
Imam Sujono
Sekolah Tinggi Agama Islam Taruna Surabaya
Religion Agriculture, Biological Sciences & Forestry Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Public Health Social Sciences Other

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Journal : Journal of Modern Islamic Studies and Civilization

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Implementing and developing Islamic law internationally: challenges in the modern age Sujono, Imam
Journal of Modern Islamic Studies and Civilization Том 1 № 02 (2023): Journal of Modern Islamic Studies and Civilization
Publisher : PT. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jmisc.v1i02.1162

Abstract

The implementation of Islamic law at the international level faces a variety of complex challenges that include legal, political, social and cultural dimensions. One of the main challenges is the diversity of interpretations of Islamic law in different Muslim countries. Differences in schools of thought, local traditions, and state policies create gaps in the application of the law, which makes it difficult to establish uniform Islamic legal standards globally. Apart from that, the integration of Islamic law into the international legal system which is dominated by secular law is also an obstacle. The current international legal system places greater emphasis on universal principles which sometimes conflict with provisions in Islamic law, especially on issues such as human rights, gender equality and religious freedom. Another challenge arises from the geopolitical aspect, where countries with different political and economic interests are often reluctant to agree on a global Islamic legal framework. In addition, negative perceptions of Islamic law among non-Muslim communities also play a role in hindering constructive dialogue between civilizations. This condition is exacerbated by the stigma of terrorism which is often associated with the extreme application of Islamic law. Therefore, efforts are needed for cross-cultural dialogue and reform of Islamic law that is inclusive and adaptive to the global context without ignoring the basic principles of religion.
Application of John Stuart Mill's Formal Equality Theory to Distribution of Inheritance for Adopted Children: A Comparative Study of Burgerlijk Wetboek and Compilation of Islamic Law Sujono, Imam
Journal of Modern Islamic Studies and Civilization Том 3 № 03 (2025): Journal of Modern Islamic Studies and Civilization
Publisher : PT. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jmisc.v3i03.2006

Abstract

This article examines the application of John Stuart Mill's formal equality theory to inheritance rights of adopted children within Indonesian legal frameworks, specifically the Burgerlijk Wetboek (BW) and Compilation of Islamic Law (KHI). Using a normative juridical approach with secondary data sources including statutory provisions, judicial decisions, and philosophical texts, this research addresses whether differential treatment of adopted versus biological children comports with Mill's formal equality principle. Findings reveal significant normative tensions: both legal regimes restrict adopted children's inheritance rights based primarily on biological lineage, which Mill's theory would deem insufficient justification for unequal treatment. Under the BW, adopted children possess limited rights unless formally adopted through prescribed mechanisms, while the KHI denies adopted children rights under the faraidh system, permitting only wasiat wajibah up to one-third of estates. Judicial interpretation shows modest accommodation through mandatory bequest provisions, yet falls short of full equality. This research concludes that current Indonesian inheritance frameworks contain structural inequalities conflicting with Mill's formal equality principles, necessitating legal reform to eliminate discriminatory provisions based solely on biological status. The article contributes to discourse on harmonizing civil law, Islamic law, and liberal egalitarian principles within pluralistic legal systems.
Co-Authors -, Nasiri Ansori, Mukhamad Yusuf Arviyah, Vira Aufa, Mohammad Zidan Fadhilah, Putry Hadi, Aminulloh Indey, Marthen Isa, Abdullah Khusniyah, Siti Alfitrotul Krisnadi Nasution Maftuh, Abdullah Mangesti, Yovita Arie Mu'ala, Abdulloh Afifil Mulyadi Mulyadi Mustofa Mustofa Nasiruddin, Atsir Faris Nugroho, Mulyanto Nuriman, Agus Prabowo, Arif Agung Prastiyo, Rian Rijadi, Prasetijo Rochman, Muhammad Habibur Rohma, Adelia Nur Said, Moch Imron Sari, Rosyidah Hikmah Setiawan Indradiyasa Shodiq, Achmad Slamet Suhartono Sugeng Irawadi Wijaya, Rahman Benta