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Taufiq, Arif
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Religion Law, Crime, Criminology & Criminal Justice

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Divorce Outside the Religious Courts in the Citereup Bogor Community Septiani, Rina; Maulidini, Putri; Taufiq, Arif
Al-Bayyinah Vol. 7 No. 2 (2023): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v7i2.5642

Abstract

The divorce regulations that apply in Indonesia are stated in article 39 of the 1974 Law (1). Divorce only can done in front hearing Court after the relevant Court tried and was unsuccessful reconcile second both parties. (2). For do divorce must Enough reason that between husband the wife will not live in harmony as husband and wife. (3). System method divorce in front hearing Court in set in   regulation separate legislation. However, this regulation does not apply to the entire community of Citereup which still adheres to Islamic Sharia law where divorce pronounced by a husband to a wife wherever the law is valid falls under divorce. The research method used is qualitative research based on field research which is oriented towards interviews, observation and documentation in order to obtain clear and accurate data. The results of the research are that the public's perception regarding divorce carried out outside the Religious Courts is that it is legal, the causal factors are: Lack of legal awareness in the community, costs are considered too burdensome for the parties to divorce, divorce procedures in the Religious Courts are considered complicated by the community. The impacts felt by society include: Divorce that has no legal force, difficulty in officially remarrying, unequal distribution of responsibilities.
Divine Constitution Perspective On the Reactualization of Allah’s Law Arlis, Arlis; Zulfan, Zulfan; Azwar, Zainal; Taufiq, Arif
Al-Bayyinah Vol. 7 No. 1 (2023): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v7i1.4086

Abstract

The main question of this study is how divine constitution perspective on the reactualization of Allah's law. The background of the problem is the inequality between the law at the ideal and factual levels. Ideally, the degree of law is within the corridors and the degree of Allah's law, but the facts show that the nuances of the law are more oriented towards the product of man alone. The research position is very interesting with the variety of legal concepts. Questions are discussed with normative legal studies with qualitatively analyzed. The main result is the position of Allah’s law is the single best law and has the highest degree for a sure person. Allah’s law is a system of laws that contains the maslahat of the world and the hereafter. Allah’s law is fixed and some is changing whose content material is comprehensive and accordance with the needs of the times, places, circumstances, intentions and traditions. Allah commissioned the apostles, bringing down the books and the suhuf-suhuf as the basic benchmark and the main reference of the law. The last treatise was received by the Muhammad SAW with the guidance of the Qur'an and the sunnah.. Allah's law must be obeyed, and the disobedient are obeyed. Taqwa is the noblest level in the application of the law of Allah. Allah guarantees a successful life and goes to heaven for people who obey Allah's laws.
RELIGIOUS COURTS IN MUSLIM COUNTRIES: THE GRIP OF THE WESTERN LEGAL SYSTEM ON THE TRANSFORMATION OF THE KUWAITI JUDICIARY Layla, Desteny; Asasriwarni, Asasriwarni; Zulfan, Zulfan; Taufiq, Arif
Hukum Islam Vol 23, No 2 (2023): HUKUM ISLAM
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/hi.v23i2.20509

Abstract

AbstractThis research aims to examine the existing justice system in one of the Muslim countries in the world, namely Kuwait, which has undergone transformation due to the influence of the western legal system. This research is library research, namely research carried out by examining various related research and literature. The data source in this research is secondary data. The results of this research are that the grip of the Western legal system has changed the structure of the legal system in Kuwait. This can be seen in the legal system in Kuwait which has undergone a transformation, initially only influenced by Islam but currently also influenced by foreign legal systems, such as France, England and Egypt. This is due to the background of the Kuwaiti state which was once under the supervision of a foreign country such as England. The legal system in Kuwait has currently undergone a transformation, in the form of a combination of British common law, French civil law, Egyptian civil law and Islamic law (Shariah) by implementing the Sharia Law for its civil law. This causes the courts in Kuwait to be divided into three levels: the Court of First Instance, the Court of Appeal and the Court of Cassation. Within each of the three levels of courts, special boards or tribunals are created to adjudicate civil, criminal, commercial or financial, administrative, and personal status matters, and the courts may establish additional special councils or tribunals as necessary.   
Co-Authors . Zulfan Arlis, Arlis Asasriwarni Asasriwarni Azwar, Zainal Layla, Desteny Maulidini, Putri Rina Septiani, Rina