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All Journal Mutawasith: Jurnal Hukum Islam Jurnal Ilmiah Nusantara
Siah Khosyi’ah
Universitas Islam Negeri Sunan Gunung Djati Bandung
Religion Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Social Sciences

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Perkembangan Pemikiran Hukum Keluarga tentang Persamaan Hak Menerima Waris dalam Masalah Kalalah dan Radd Muhammad Sopiyan; Siah Khosyi’ah
Mutawasith: Jurnal Hukum Islam Vol 5 No 1 (2022)
Publisher : Prodi Hukum Ekonomi Syariah (Muamalah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47971/mjhi.v5i1.429

Abstract

In the Qur'an, Islamic inheritance law is explained in detail, concretely and realistically, even according to mutaqaddimiin scholars these verses are qoth'iyah (definitely) which closes the space for ijtihad. Meanwhile, the current reality is different from the situation when the inheritance verse was revealed and it is possible if inheritance law is translated within the scope of Islamic society according to the conditions and social situations that surround it. This study discusses equality of rights in inheritance with a focus on issues of loss and radd, because loss requires a more comprehensive understanding. The methodology uses a descriptive analysis approach to library data by collecting library data, reading and reviewing it and then doing an analysis to constructively criticize related to kalalah and rad. The results of the study were then analyzed that the development of the concept of kalalah and rad underwent many changes but what needs to be underlined is that everything depends on the illat according to the rules of ushul fiqh al-hukm yaduru ma'a 'iltrain.
HUKUN KELUARGA KONTEMPORER DALAM TATA HUKUM YORDANIA DAN YAMAN SELATAN Fauzan Al As’ari; Siah Khosyi’ah
JURNAL ILMIAH NUSANTARA Vol. 3 No. 6 (2026): Jurnal Ilmiah Nusantara November 2026
Publisher : CV. KAMPUS AKADEMIK PUBLISING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61722/jinu.v3i6.11852

Abstract

This study examines the development of family law in Tunisia and Libya, focusing on the changes and influences of the legal systems implemented after independence. Tunisia, which gained its independence in 1956, underwent major transformations in family law with the enactment of the Personal Status Code, which adopted principles of secularism and modern thought. The reforms included the prohibition of polygamy, changes in the legal age for marriage, and the enforcement of women's rights in marriage and divorce. Meanwhile, Libya has a different legal history, shaped by the influence of Islam and Italian colonialism. After gaining independence in 1951, Libya retained an Islamic-based legal system, influenced by the Maliki school of thought and remnants of colonial legal rules. This study shows that although both countries share strong Islamic roots, the family law policies implemented differ significantly due to the political and social factors unique to each country.
Co-Authors Fauzan Al As’ari Muhammad Sopiyan