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All Journal Jurnal Ilmiah Ar-Risalah: Media Ke-Islaman, Pendidikan, dan Hukum Islam Jurnal Konstitusi
Maulidah, Chabibatul
Unknown Affiliation
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences

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ANALISIS SISTEM HUKUM DAN PERADILAN AGAMA DI NEGARA SOMALIA Maulidah, Chabibatul; Asasriwarni, Asasriwarni; Zulfan, Zulfan
Ar-Risalah Media Keislaman Pendidikan dan Hukum Islam Vol 21 No 1 (2023): (April 2023)
Publisher : LPPM IAI IBRAHIMY GENTENG BANYUWANGI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69552/ar-risalah.v21i1.1755

Abstract

The purpose of this writing is to find out the legal system in the State of Somalia, the implementation of religious justice and the authority of religious justice in the State of Somalia. In this writing, the author uses a normative legal approach method and the results are analyzed through descriptive analysis, namely describing and explaining the legal system, the implementation of religious justice and its authority in the State of Somalia. The main data sources obtained in this study through several literature studies. With the results of research the Somali State before independence adhered to the British and Italian colonial legal systems, after independence it became a country with a multi-party parliamentary legal system. The State of Somalia has four court systems, first, the Supreme Court. Second, the Court of Appeal. Third, Regional Courts. Fourth, District Courts.
Reforming of Marriage Law Through Constitutional Court Decision in Indonesia: Reformasi Undang-Undang Perkawinan Melalui Putusan Mahkamah Konstitusi di Indonesia Rosa, Melia; Huda, Yasrul; Danil, Muhammad; Maulidah, Chabibatul; Arlis, Arlis
Jurnal Konstitusi Vol. 21 No. 4 (2024)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk2148

Abstract

The authority of the Constitutional Court to conduct judicial review against the 1945 Constitution often generates both support and criticism, particularly among those who feel disadvantaged by the existence of Law No. 1 of 1974. This study employs a qualitative research method with a normative juridical approach. The findings indicate that the Constitutional Court frequently engages in ijtihad (independent reasoning) when adjudicating cases. Additional considerations underlying these decisions include developments in science, technology, reform, and the renewal of Islamic thought, all of which influence the dynamic application of Islamic law in Indonesia. The implication of this study is that the Constitutional Court not only serves as an institution that tests statutory laws against the 1945 Constitution, but also plays an active role in legal interpretation (ijtihad), particularly concerning religious and matrimonial law. Consequently, the Court takes on a more prominent role in directing the development of Indonesian law in line with contemporary changes. Following the Court’s decisions, stricter oversight is necessary to ensure that legal amendments are effectively implemented in practice, so that the benefits of these reforms are truly felt by the public.
Co-Authors . Zulfan Arlis, Arlis Asasriwarni Asasriwarni Muhammad Danil, Muhammad Rosa, Melia Yasrul Huda