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All Journal International Journal of Nusantara Islam Daengku: Journal of Humanities and Social Sciences Innovation International Journal of Nusantara Islam
Mohd Anuar Ramli
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Religion Arts Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Urgent Development on Contemporary Medical Fiqh in Malaysia Noor Naemah Abdul Rahman; Mohd Anuar Ramli; Shaikh Mohd Saifudden Shaikh Mohd Salleh; Mohammad Naqib Hamdan
International Journal of Nusantara Islam Vol 2, No 2 (2014): International Journal of Nusantara Islam
Publisher : UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/ijni.v2i2.151

Abstract

The contemporary scientific and technology development give impacts on the development of Islamic law. The dynamic of fiqh in handling issues especially on medicine become a momentum of the synergy of the two diciplines, science and the Islamic jurisprudence of medicine. Many medical issuess are yet to require legal completions that are contemporary ijtihad based on perubatan discipline. On the other hand, ijtihad not only as exclusively unilateral, moreover inclusive multilateral approach (ijtihad jama’i) is needed on handling fiqh issues. It is because expert opinions also important in describing about those issuess. Without those opinions, Islamic law scholar could not give appropriate legal decision. However, this study will explore about the importance of development of Fiqh of Medicine based on contemporary ijtihad. These studies will explain some contemporary Medicine issuees, which is proof the requirement of contemporary ijtihad. For example on the issues of reproduktif organ donation. Some ijtihad instruments which are compatible will be aplicated based on the issuess. Research findings about perubatan issuess gave fact that there were not exact explanations on al-Qur’an and al-Sunnah also did not directly examined on fiqh book in the past. This condition cause contemporary ijtihad on those studies as an important study to give law answer about perubatan issues appear. Generally speaking, the current studies require the sinergized between the dynamic of Islamic law and the advance of science and technology.
Urgent Development on Contemporary Medical Fiqh in Malaysia Noor Naemah Abdul Rahman; Mohd Anuar Ramli; Shaikh Mohd Saifudden Shaikh Mohd Salleh; Mohammad Naqib Hamdan
International Journal of Nusantara Islam Vol 2, No 2 (2014): International Journal of Nusantara Islam
Publisher : UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/ijni.v2i2.151

Abstract

The contemporary scientific and technology development give impacts on the development of Islamic law. The dynamic of fiqh in handling issues especially on medicine become a momentum of the synergy of the two diciplines, science and the Islamic jurisprudence of medicine. Many medical issuess are yet to require legal completions that are contemporary ijtihad based on perubatan discipline. On the other hand, ijtihad not only as exclusively unilateral, moreover inclusive multilateral approach (ijtihad jama’i) is needed on handling fiqh issues. It is because expert opinions also important in describing about those issuess. Without those opinions, Islamic law scholar could not give appropriate legal decision. However, this study will explore about the importance of development of Fiqh of Medicine based on contemporary ijtihad. These studies will explain some contemporary Medicine issuees, which is proof the requirement of contemporary ijtihad. For example on the issues of reproduktif organ donation. Some ijtihad instruments which are compatible will be aplicated based on the issuess. Research findings about perubatan issuess gave fact that there were not exact explanations on al-Qur’an and al-Sunnah also did not directly examined on fiqh book in the past. This condition cause contemporary ijtihad on those studies as an important study to give law answer about perubatan issues appear. Generally speaking, the current studies require the sinergized between the dynamic of Islamic law and the advance of science and technology.
The Dynamic Landscape of Interfaith Marriage in Indonesia: Navigating The Supreme Court Circular Letter (SEMA) No. 02 of 2023 and Population Administration Law Sri Maryati; Achmad, Hudzaifah; Adang Darmawan Achmad; Mohd Anuar Ramli
Daengku: Journal of Humanities and Social Sciences Innovation Vol. 4 No. 3 (2024)
Publisher : PT Mattawang Mediatama Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35877/454RI.daengku2613

Abstract

The issue of interfaith marriage in Indonesia is rooted in the legal conflict between Article 2, paragraph (1) of Law No. 1/1974 on Marriage, which regulates the legality of marriage based on religious law, and Articles 34 and 35 of Law No. 23/2006 on Citizenship Administration. Articles 34 and 35 of Law No. 23/2006 state that a valid marriage is one that is reported and registered, with Article 35(a) stipulating that the court determines the validity of a marriage. The incompatibility of these regulations regarding interfaith marriages has affected legal interpretation, resulting in discrepancies in judicial decisions. In response, the Supreme Court issued Circular Letter No. 2 of 2023, providing guidance for judges in adjudicating cases involving the registration of marriages between individuals of different religions and beliefs. This circular aims to ensure certainty and consistency in the application of the law in such cases. However, this regulation has sparked debate among legal experts. This research adopts a qualitative approach and is analyzed descriptively. The findings indicate that conflicting legal interpretations regarding interfaith marriages lead to differences of opinion among judges on the validity of such marriages. Moreover, inconsistencies in the legal framework governing interfaith marriage in Indonesia result in conflicts of legal interpretation. The primary cause of the ineffectiveness of Indonesia's interfaith marriage law is due to substantive legal considerations. Disagreements between legal systems lead to disputes among legal entities and impact interfaith marriages within society.
Co-Authors achmad, Hudzaifah Adang Darmawan Achmad Mohammad Naqib Hamdan Noor Naemah Abdul Rahman Shaikh Mohd Saifudden Shaikh Mohd Salleh Sri Maryati