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All Journal BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Mauriduna: Journal of Islamic Studies
Jamilatuz Zahrah
Universitas Islam Negeri Sunan Kalijaga Yogyakarta, Indonesia
Religion Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Physics Social Sciences Other

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Perceraian dan Penguatan Hak-hak Perempuan: Reformasi Hukum Keluarga di Mesir, Indonesia dan Pakistan Rizki Amar; Jamilatuz Zahrah; Lisa Hertiana
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 5 No 1 (2024): BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M), Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/bustanul.v5i1.1388

Abstract

One of the motives for family law reform in the Islamic world is to strengthen the rights of women who tend to be discriminated against and subordinated. Egypt introduced its first family law reform by passing Laws No.25 of 1920 and 1929. Pakistan, through the Muslim Family Law Ordinance of 1961, regulates the issue of divorce and guarantees women's rights in it. Meanwhile, in Indonesia the rules regarding divorce are contained in the 1974 Marriage Law and the Compilation of Islamic Law. This article reviews the development of family law in Egypt, Indonesia and Pakistan, highlights the approaches and methods used in reform, and explores the extent to which family law reforms strengthen women's rights, especially in the field of divorce. The method used in this article is a literature study, by collecting secondary data from relevant literature and then describing it. The findings of the study show that family law reforms in Egypt, Indonesia and Pakistan use intra-doctrinal reform and extra-doctrinal reform approaches. Substantively, the reforms have strengthened women's rights in at least two aspects: first, the limitation of the husband's right to divorce, and second, the expansion of women's access to apply for divorce. Although subtantively the law has strengthened women's rights, in practice divorce and its settlement in the three countries still leave problems and sometimes harm women.
Eksplorasi Legalitas Kontrak Bank Digital Pada Produk NOW Savings Bank Neo Commerce Jamilatuz Zahrah
Mauriduna : Journal of Islamic Studies Vol. 5 No. 2 (2024): Mauriduna : Journal of Islamic Studies, May 2024
Publisher : Institut Muslim Cendekia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37274/mauriduna.v5i2.469

Abstract

Transformation in the banking sector has given rise to digital banking by implementing the principles of efficiency, accessibility, and accountability, changing the paradigm of national banking. Digital banking offers a financial product that is based on savings but bears interest like a deposit, with the advantages offered including the Now Savings product from Bank Neo Commerce. The product is offered to customers using a digital contract because the banking ecosystem is digitally based, and this product uses a contract that is different from the savings contract in traditional banking, so it is necessary to study more deeply regarding the contract for the financial product. This study will focus on the legal aspects of the contract that examines the contract for digital bank financial products using the contract law applied in Indonesia. Normative legal research is used in this study using a statutory regulatory approach. Primary data comes from the clauses of the digital contract that are offered and are open access, which will later be analysed using classical contract theory. Based on the results of the analysis carried out, it was found that the Now Saving Bank Neo Commerce digital bank product is a digital financial innovation that protects the value of customer funds from inflation, in addition to providing a contract innovation that is different from traditional bank financial products, but the contract used is not the same as a deposit contract. This study recommends that stakeholders and digital bank organisers must have a reliable electronic system to protect customer funds in financial products that have been offered and the contracts used have met the elements mandated by laws and regulations.
Co-Authors Lisa Hertiana Rizki Amar