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Putra, Marwan Jaya
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Humanities Law, Crime, Criminology & Criminal Justice

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Wasiat Kepada Non Muslim Perspektif Hukum Keluarga Islam Jaya Putra, Marwan; Putra, Marwan Jaya; Ja'far, A. Kumedi
Policy and Law Journal Vol 1 No 2 (2024): Desember
Publisher : Laskar Karya

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Abstract

This study discusses the law of bequests to non-Muslims within the context of Islamic family law and positive law in Indonesia. The background of this issue arises from the tension between the Sharia provisions that do not allow inheritance among individuals of different religions and the needs of an increasingly inclusive multicultural society. The aim of this writing is to explore the perspectives of Islamic law and positive law regarding bequests, as well as their social and ethical implications. The research method used is a literature review and comparative analysis between the two legal systems, focusing on legal texts, scholarly fatwas, and court decisions. The research findings indicate that, although Islamic law has strict limitations on inheritance for non-Muslims, there is room for bequests that can be executed as a legal instrument. On the other hand, positive law in Indonesia, through the practice of mandatory bequests, recognizes the rights of non-Muslim heirs, thus creating equality in the distribution of inheritance. The conclusion of this study emphasizes the necessity for open dialogue and a deeper understanding of the interaction between the two legal systems. This is crucial to reduce potential conflicts and ensure justice and inclusivity in inheritance practices within a diverse society.
Perkawinan Kontrak Dalam Perspektif Hukum Keluarga Islam Putra, Miryando Eka; Putra, Marwan Jaya; Ja'far, A. Kumedi
Policy and Law Journal Vol 1 No 2 (2024): Desember
Publisher : Laskar Karya

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This paper examines contract marriage from the perspective of Islamic family law. Contract marriage, or nikah mut'ah, is a form of temporary marriage recognized in the Shia tradition but rejected by the Sunni school. This practice is regulated by the determination of duration and conditions agreed upon by both parties, so it does not require an official divorce. This paper discusses the differences in views between the Shia and Sunni schools regarding nikah mut'ah, and its implications for women's rights and family integrity. From the Shia perspective, nikah mut'ah is seen as a legitimate legal solution, while the Sunni view it as a practice that is inconsistent with the purpose of marriage in Islam. In addition, this paper highlights the social impact of nikah mut'ah, especially in terms of protecting women's rights, and compares it with the practice of nikah misyar. This study uses a qualitative method with a normative approach, including analysis of Islamic legal literature, fiqh, and related regulations in various countries. The results show that although nikah mut'ah is recognized in some contexts, this practice often causes injustice to women and damages the family structure, thus requiring better regulation and legal protection.
Co-Authors A. Kumedi Ja’far Jaya Putra, Marwan Putra, Miryando Eka