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All Journal The Indonesian Journal of Islamic Law and Civil Law Semar : Jurnal Sosial dan Pengabdian Masyarakat As-Sakinah Jurnal Hukum Keluarga Islam Al-Faruq Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues BAHRI: Jurnal Pengabdian Kepada Masyarakat
Isniyatin Faizah
Institut Agama Islam Nahdlatul Ulama Tuban
Religion Arts Humanities Civil Engineering, Building, Construction & Architecture Education Environmental Science Law, Crime, Criminology & Criminal Justice Neuroscience Social Sciences Other

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The Urgency of Expert Witnesses in Settlement of Cases in The Egyptian Judicial Legal System Ibrahim Munib; Muhammad Hasyied Abdurrasyied; Isniyatin Faizah
The Indonesian Journal of Islamic Law and Civil Law Vol 5 No 1 (2024): April
Publisher : Institut Agama Islam Nahdlatul Ulama Tuban

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51675/jaksya.v5i1.749

Abstract

This research seeks to describe the presence of expert witnesses in the Egyptian court system. They are utilizing a literature study whose primary data comes from books, journals, reports, and laws. Then, the data is processed descriptively and analytically to explain the subject matter described. The results showed that expert witnesses, or in Egyptian terms referred to as Expert Witness Reports, are enshrined in the Egyptian Evidence Law, No. 25 of 1968, used in Egyptian courts to obtain specialized advice on specific legal issues. Legal regulations govern the procedure for selecting expert witnesses and require the court to appoint one or three experts who must meet specific criteria. The whole process of the expert report must be conducted within the courtroom. The rules regarding the presence of expert witnesses in Egyptian courts also underline the importance of expert witnesses in legal proceedings. The rules emphasize the efforts made to ensure transparency, accuracy, and excellence in expert witness reports, essential to facilitate dispute resolution in court. The government takes a role in this matter through payment facilities for expert witnesses, not all of which is borne by the parties to the dispute.
Application of the Principles of al-Tawabi', al-Ashl wa al-Fara' and al-Ashl wa al-Badal in Islamic Family Law Ah. Soni Irawan; Isniyatin Faizah; Nina Agus Hariati
The Indonesian Journal of Islamic Law and Civil Law Vol 6 No 2 (2025): Oktober
Publisher : Institut Agama Islam Nahdlatul Ulama Tuban

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51675/jaksya.v6i2.1270

Abstract

The principles of al-tawābi’, al-aṣhl wa al-fara’ and al-aṣhl wa al-badal in the book al-asybah wa al-nadhair are non-fundamental universal principles that are not limited to partial forms. These principles are closely related to one another, but differ in their main points in context. This study aims to describe and apply the principles of al-tawābi', al-aṣhl wa al-fara', and al-aṣhl wa al-badal and their branches to issues of Islamic family law. This study is normative or library research with a qualitative approach using descriptive analysis methods. The results of the study conclude that the application of the al-tawābi' principle includes the validity of the dowry following the validity of the marriage contract, the rights of children such as lineage, inheritance, and maintenance from their father following the validity of their parents' marriage, and the prohibition of marrying the wife's relatives such as brothers, mothers, daughters, aunts, and grandmothers. Meanwhile, the application of the principle of al-aṣhl wa al-fara’ is that the validity of the marriage guardian determines the validity of the marriage contract, murder and non-Muslims become obstacles for heirs to obtain inheritance, and the existence/absence of rights and obligations attached to husband and wife is determined by the status of the marriage bond. The application of the principle of al-aṣhl wa al-badal is that a wife's request for divorce from her husband through khulu' must be replaced with the payment of 'iwadh (ransom/compensation), the guardian judge becomes a substitute for the absence/excuse of the blood guardian in the marriage contract, and the person entitled to bear the responsibility of providing for the family if the husband is unable to provide for his children and wife due to serious illness, then the responsibility shifts to the husband's family.
Co-Authors Ah. Soni Irawan Elva Imeldatur Rohmah Fashi Hatul Lisaniyah Febiyanti Utami Parera Ibrahim Munib Ihda Shofiyatun Nisa’ Izza, M. Syafi’ Nuril Jannah, Elly Uzlifatul Kamelya, Silvana Khasanah, Muizzatul M. Najib Mashuri, Bisri Muhammad Hasyied Abdurrasyied Nina Agus Hariati Niswatin Khoiroh , Dewi Prafastara Winindra, Alantama Putra, Evendi Silvana Kamelya Sucipto, Yogi Tomy Afandi Wiwik Idayati Zulfikri Zulfikri