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The Application of Aspects of Islamic Family Law to the Muslim Minority in Singapore: A Literature Review Silawati; Aslati; Agustar, Armi; Zein, Anwar
International Journal of Social Science and Religion (IJSSR) 2024: Volume 5 Issue 1
Publisher : Indonesian Academy of Social and Religious Research (IASRR)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53639/ijssr.v5i1.206

Abstract

This article will discuss the position and application of Islamic family law in countries with Muslim minority populations, particularly in Singapore. In every Muslim community in the world, no one denies the existence of Islamic law with its universal character of application. The universality of the application of Islamic law requires the submission of all Muslims to the teachings of Islam, will not see the time and place not to implement its provisions, and also requires the existence of universal values contained in branch laws that may differ from one place to another. That is why Muslims in Islamic countries and countries where the majority of the population is Muslim have relatively no problems with the application of Islamic law in everyday life because Islam upholds religious tolerance. The above reality will undoubtedly be different if Islamic law develops among Muslims, who are a minority in secular countries, namely countries with a government system that separates religion as a private matter.
Religious Court Decisions Regarding the Revocation of Grant (Hibah) in the Perspective of Islamic Jurisprudence Harahap, Purnama Hidayah; Asmuni; Syahputra, Akmaluddin; Meidina, Ahmad Rezy; Zein, Anwar
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 17 No. 2 (2023)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v17i2.9767

Abstract

This scholarly article examines the judgments rendered by Religious Courts concerning disputes related to the revocation of grants, employing the viewpoint of Islamic jurisprudence and the maslahah theory. In this instance, the judicial panel overseeing the dispute related to the cancellation of the grant primarily invoked the provisions outlined in Article 35, Paragraph 1, and Article 36, Paragraph 1 of the Marriage Act (Law Number 1 of 1974), which pertain to joint property, along with Article 1338 of the Civil Code, addressing agreements. Consequently, the judges disregarded the article pertaining to the right to withdraw the grant’s subject, even though the grant is given without the consent of the other heirs. Meanwhile, in accordance with the maslahah theory, decisions rendered by a panel of judges in the Religious Court ideally aim to actualize the concept of Maqasid al-Shari’ah, specifically focused on the preservation of both property and descendants. This approach helps mitigate adverse consequences that may arise within familial dynamics, particularly in relationships between parents and their heirs. Nevertheless, in accordance with Hans Kelsen’s justice theory, the deliberations undertaken by judges when adjudicating cases involving the revocation of grants often exhibit inconsistency in the application of the pertinent legal framework, thereby leading to a partial realization of the intended concept of justice.
The Dynamics of Polygamy and Divorce in Muslim Countries Madina, Dinda Difia; Meidina, Ahmad Rezy; Zein, Anwar
Jurnal Syariah dan Hukum Komparatif Volume 2 Issue 2 (2023)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/el-aqwal.v2i2.9410

Abstract

This article talks about the practice of Islamic family law in the Muslim world; Türkiye, Pakistan, and Indonesia which focus on polygamy and divorce. Talking about polygamy and divorce must be familiar to many people because polygamy is a very sensitive scourge when someone does that. Likewise, with divorce, this kind of thing becomes the subject of gossip in society when a family gets divorced. This paper will explain how family law is in the Muslim world, especially Turkey, Pakistan, and Indonesia with the main study of polygamy and divorce which aims to understand the understanding of society from all walks of life regarding the discussions between the two. This research is a literature study that focuses on discussing polygamy and divorce in three Muslim countries; Türkiye, Pakistan, and Indonesia. The data collection method in this study used documentation, namely collecting books, notes, and others that had relevance to the research, which were then analyzed. The results of this study are; (1) Turkey prohibits polygamy, which is contained in the book of the Ottoman Law of Family Rights, Pakistan also prohibits polygamy until written permission from the wife and the arbitral council, Indonesia legalizes polygamy referring to the Marriage Law. (2) Turkey in the event that a divorce ends with the finalization of a court decision and a waiting period of 300 days stipulated by the Turkish Civil Code, likewise Pakistan regulates divorce in two different rules, one using the Dissolution of Muslim Marriage and the other using Muslim Family Law Ordinance, divorce in Indonesia is regulated in Marriage Law Number 1 of 1974.
Pluralism and Justice in Indonesian Inheritance Law: A Comparative Analysis of Customary, Islamic, and Civil Systems Abdul Ali Mutammima Amar Alhaq; Winarni; Muh. Mutawali; Nuruddin; Zein, Anwar
KALOSARA: Family Law Review Vol. 5 No. 2 (2025): Kalosara: Family Law Review
Publisher : Program Studi Keluarga Hukum Islam Fakultad Syariah Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/kalosara.v5i2.11434

Abstract

The pluralism of inheritance law in Indonesia, encompassing customary law, Islamic law, and the Civil Code, reflects the country’s cultural, religious, and legal diversity. Despite accommodating such diversity, overlapping norms, divergent distribution principles, gender biases, and legal uncertainty remain significant challenges. Limited integrated comparative studies that analyze these three inheritance systems, considering gender and local cultural values, constitute a research gap. This study aims to: (1) conduct a normative-comparative analysis of principles, norms, and inheritance distribution mechanisms across the three legal regimes; (2) evaluate the implications of pluralism for equal rights, legal certainty, and potential disputes through statutory regulations, court decisions, and academic literature; and (3) propose a harmonization model that is inclusive, culturally sensitive, and grounded in substantive justice and gender equality. The study analyzes legislation, documented customary law, and relevant court decisions using a normative juridical and comparative approach. Theoretical frameworks include Legal Pluralism (Griffiths), Substantive Justice (Rawls), and Legal Harmonization (Otto). Findings indicate that, without harmonization, pluralism exacerbates legal uncertainty and gender inequality. A model based on local values and gender equality effectively reduces disputes and strengthens legal certainty, implying the need for national policies with technical guidelines for inclusive, culturally sensitive inheritance law harmonization that safeguards all citizens’ rights.   Keywords: Civil System, Customary System, Inheritance Law, Islamic System The pluralism of inheritance law in Indonesia, encompassing customary law, Islamic law, and the Civil Code, reflects the country’s cultural, religious, and legal diversity. Despite accommodating such diversity, overlapping norms, divergent distribution principles, gender biases, and legal uncertainty remain significant challenges. Limited integrated comparative studies that analyze these three inheritance systems, considering gender and local cultural values, constitute a research gap. This study aims to: (1) conduct a normative-comparative analysis of principles, norms, and inheritance distribution mechanisms across the three legal regimes; (2) evaluate the implications of pluralism for equal rights, legal certainty, and potential disputes through statutory regulations, court decisions, and academic literature; and (3) propose a harmonization model that is inclusive, culturally sensitive, and grounded in substantive justice and gender equality. The study analyzes legislation, documented customary law, and relevant court decisions using a normative juridical and comparative approach. Theoretical frameworks include Legal Pluralism (Griffiths), Substantive Justice (Rawls), and Legal Harmonization (Otto). Findings indicate that, without harmonization, pluralism exacerbates legal uncertainty and gender inequality. A model based on local values and gender equality effectively reduces disputes and strengthens legal certainty, implying the need for national policies with technical guidelines for inclusive, culturally sensitive inheritance law harmonization that safeguards all citizens’ rights.   Keywords: Civil System, Customary System, Inheritance Law, Islamic System