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All Journal Jurnal Indo-Islamika STUDIA ISLAMIKA ISLAMICA: Jurnal Studi Keislaman Heritage of Nusantara: International Journal of Religious Literature and Heritage KARSA: Jurnal Sosial dan Budaya Keislaman (Journal of Social and Islamic Culture) Jurnal Masyarakat dan Budaya Heritage of Nusantara: International Journal of Religious Literature and Heritage Studia Islamika
Ayang Utriza Yakin
Universitas Islam Negeri Syarif Hidayatullah (UIN), Jakarta
Religion Arts Humanities Civil Engineering, Building, Construction & Architecture Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Dialetic Between Islamic Law and Adat Law in the Nusantara: A Reinterpretation of the Terengganu Inscription in the 14th Century Yakin, Ayang Utriza
Heritage of Nusantara: International Journal of Religious Literature and Heritage Vol. 3 No. 2 (2014): HERITAGE OF NUSANTARA
Publisher : Center for Research and Development of Religious Literature and Heritage

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31291/hn.v3i2.14

Abstract

This article discusses the inscription found in Terengganu, which originated in the early XIV Century. The inscription documents the laws implemented by the rulers of the time. These texts reveal that the laws of this time came from two sources: Islamic law and customary (adat) law. In other words, the inscription indicates that legal pluralism was already in existence by the 14th Century. Adat law was the principle legal system in place, playing an important role in the archipelagic society at the time. However, there was an alternative system of Islamic law (e.g. stoning as a punishment for adultery) in place for lower social classes. This finding suggests that Islamic law was already in existence in the early 14th century””much earlier than the prevailing understanding of the history of Islamic law suggests. The article contributes by providing the new transliteration from Jawi into Latin characters and the new translation from old-Malay into modern English, which are arguably more accurate than the previous work.
The Transliteration and Translation of the Leiden Manuscript Cod. Or. 5626 on the Sijill of the Qadi of Banten 1754-1756 CE. Yakin, Ayang Utriza
Heritage of Nusantara: International Journal of Religious Literature and Heritage Vol. 5 No. 1 (2016): HERITAGE OF NUSANTARA
Publisher : Center for Research and Development of Religious Literature and Heritage

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31291/hn.v5i1.188

Abstract

The article provides the critical edition of the Leiden Manuscript Cod. Or. 5626. It gives the transliteration from the pegon (Javanese in modified-Arabic letters) into the Latin letter and the translation from Javanese into English. The publication of this edition is intended to reach a wider reader, especially to the philologist and scholars in Islamic law, in order to have an access to the original text. It should serve a precious source for those who are interested in Islamic legal history. This is the oldest and the first register of qadi ever known from Southeast Asia. The paper contributes tremendously to the field of Islamic law and Southeast Asian studies.
Al-Muwājahah bayn al-‘Urf wa al-Sharī’ah al-Islāmīyah fī Indūnīsīyā: Nadrah Tārīkhīyah fī al-Qānūn al-Janā’i fī Asia fī al-Fatrah 1516-1688 Yakin, Ayang Utriza
Studia Islamika Vol. 14 No. 3 (2007): Studia Islamika
Publisher : Center for Study of Islam and Society (PPIM) Syarif Hidayatullah State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sdi.v14i3.548

Abstract

Following the demise of the New order Regime in 1998, a period to become known as reformasi (reformation), the demand for the implementation of Islamic shari'ah became louder. Helped by the Regional Autonomy Laws of 1999, a number of regions in Indonesia demanded Islamic law to be implemented. Aceh was most adamant in its demand. At present, the implementation of Islamic shari'ah in Aceh has been provided with a legal basis by Law No. 44, 1999 and Law 18, 2001 on special Autonomy and the implementation of lslamic shari'ah in Aceh. The Regional Government of Nangroe Aceh Darussalam (NAD) has also issued a number of practical Regional Bylaras (Qanun) including the prohibition on drinking alcoholic beverages (khamar), regulated in Qanun No. 12/2003, the prohibition on gambling (maisir) in Qanun No. 13/2003, and the disallowance of illicit sex (khalwat) in Qanun No. 14/2003.DOI: 10.15408/sdi.v14i3.548
Ḥuqūq al-insān wa al-dīmūqrātīyah wa dawr al-mujtama‘ al-madanī bi Indūnīsīyā Yakin, Ayang Utriza
Studia Islamika Vol. 21 No. 2 (2014): Studia Islamika
Publisher : Center for Study of Islam and Society (PPIM) Syarif Hidayatullah State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sdi.v21i2.1042

Abstract

This article discusses the issue of human rights and its relation to democracy. The paper attempts to elaborate on the concepts and principles of democracy that are an absolute prerequisite for the respect of human rights in Indonesia. Without there being an established democracy in the country, then, certainly, respect for and enforcement of human rights would never have materialized. The article will also explain the democratization movement in Indonesia and the role of civil society, including actors such as non-government organizations (NGOs), the mass media/press and religious organizations, in the enforcement of human rights and democracy. This paper hopes to provide a thorough contribution to the understanding and recognition of democratic principles and of democracy, itself, in making available space for the respect of and enforcement of human rights, including through the role of civil society.DOI: 10.15408/sdi.v21i2.1042
The Register of the Qadi Court “Kiyahi Pĕqih Najmuddin” of the Sultanate of Banten, 1754-1756 CE. Yakin, Ayang Utriza
Studia Islamika Vol. 22 No. 3 (2015): Studia Islamika
Publisher : Center for Study of Islam and Society (PPIM) Syarif Hidayatullah State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sdi.v22i3.2354

Abstract

The present study focuses on manuscript LOr 5626 from the archives of the Qadi of the Sultanate of Bantěn (1527-1813), in Indonesia. This codex is preserved in the Leiden University library, which acquired it from C. Snouck Hurgronje. It consists of the ‘legal cases’ brought before the Kiyahi Pěqih Najmuddin, the Islamic judge in Bantěn, by the inhabitants. The register, which covers the period from 1754 to 1756, is the oldest ‘sijill’ (court record) in Southeast Asia, and it contains cases on marriage, divorce, inheritance, litigation, private transactions, loans, debts, and violence. The manuscript demonstrates the judicial practice exercised by the qadi of Banten and reveals important findings on the relationship between Islamic legal theory and practice This essay hopefully will contribute to Islamic legal history in general both by providing textual evidence that the qadi record (sijill) existed in Southeast Asia during the eighteenth century and by presenting its contents.DOI: 10.15408/sdi.v22i3.2354
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