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All Journal Al-'Adl Al-Manahij : Jurnal Kajian Hukum Islam
Ismail Marzuki
Fakultas Syari'ah & Hukum UIN Walisongo
Law, Crime, Criminology & Criminal Justice Social Sciences

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POLITIK HUKUM KELUARGA ISLAM DI TUNISIA Ismail Marzuki; Lathifah Munawaroh
Al-'Adl Vol 12, No 1 (2019): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (246.482 KB) | DOI: 10.31332/aladl.v12i1.1384

Abstract

This paper discusses political Islamic family law in Tunisia. The stretch of political Islamic family law in Tunisia was seen after they were separated from the Ottoman Turks. Some Tunisian jurists think of making a legal codification based on Maliki madzhab. Besides that political domination by the Ottoman Turks and France has given color to the legal culture in Tunisia, even further influencing its laws. This paper shows several things: First is that Tunisia in carrying out its family's legal politics was influenced by Maliki and Hanafi madzhab (intra-doctrinal reform).Second, the political Islamic family law in Tunisia also contains rules that are not found in the Sunni madzhab (extra-doctrinal reform). Third, the political Islamic family law in Tunisia also uses a pattern of amendments and modifications to laws (regulatory reform). Fourth, Tunisia also conducts the codification that can be seen from the effort to codify Islamic law in al-Majallah fil Ahwal al-Syakhsiyyah lil Jumhuriyyah al-Tunisiyyah.
Politik Hukum Poligami (Studi terhadap Peraturan Perundang-Undangan di Negara-Negara Muslim) Ismail Marzuki
Al-Manahij: Jurnal Kajian Hukum Islam Vol 13 No 1 (2019)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (455.379 KB) | DOI: 10.24090/mnh.v13i1.1799

Abstract

This article discusses Islamic family law politics about regulating polygamy in Muslim countries. The policy of Islamic law in Muslim countries in the modern era can be categorized into two, namely uncodified law, and codified law. The Muslim countries discussed in this article are Muslim countries whose legal politics fall into the codified law category, namely: Turkey, Tunisia, Iran, Indonesia, Egypt, Morocco, and Afghanistan. Although according to fiqh polygamy is something permissible, in practice each Islamic country has a different legal policy related to polygamy, namely: (1) some countries allow polygamy, (2) some allow polygamy with strict conditions, and (3) some prohibit polygamy. In addition, this article also discusses the "progress" of legal policies regarding polygamy from the jurisprudence school of law that are commonly adhered to in each of these Islamic countries. This article shows that legal policies regarding polygamy in Islamic countries included in the codified law category have a variety of styles, some are liberal, conservative, and some are moderate.
Diskursus Khilafah dalam Kajian Fiqh Siyasah Klasik dan Kontemporer Ismail Marzuki
Al-Manahij: Jurnal Kajian Hukum Islam Vol 15 No 2 (2021)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (538.976 KB) | DOI: 10.24090/mnh.v15i2.4159

Abstract

Until now, the Muslim community in Indonesia is flooded with massive information about the discourse of the obligation to establish a caliphate. Some argue that establishing a caliphate is an obligation for all Muslims. This article discusses the caliphate discourse in the study of fiqh al-siyasa in the classical era and the contemporary era. The discourse on the caliphate in the contemporary era has warmed up after the collapse of the Ottoman Turks in 1924, the debate on theme of the caliphate in the contemporary era is about whether there is a standard form of government and Islam, the legal status of establishing a caliphate, and so on. This theme is different from the themes of the discussion of the caliphate in the classical era, in this era, themes the caliphate revolved around aspects of Islamic leadership values, such as procedures for choosing a caliph/leader, political ethics that must be held by leaders and other state officials.
Co-Authors Munawaroh, Lathifah