Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal Smart: Journal of Sharia, Tradition, and Modernity Juridisch Denken
Muhammad Shofwan Taufiq
Unknown Affiliation
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Direction of Islamic Law Compilation Reform: Efforts to Codify Indonesian Islamic Family Law Prima Angkupi; Muhammad Shofwan Taufiq
SMART: Journal of Sharia, Traditon, and Modernity Vol. 5 No. 1 June (2025)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/8yvc4288

Abstract

This article examines the problems and new directions of the reform of the Compilation of Islamic Law (KHI) towards the codification of the Islamic Family Law Law. KHI nevertheless has problems, the absence of a formal legislative process and a textualistic fiqh approach make the norms in the KHI less responsive to issues such as justice, equality and the social dynamics of Indonesian Muslim society. This article aims to identify the normative and legal roots of the KHI, as well as the legal political strategies that can be used to transform it into an Islamic Family Law Act in the national legal system. This research is a literature study with a historical and doctrinal approach, using Mahfud MD legal political theory and Jasser Auda maqāṣid al-syari’ah. The first finding shows that the legal position of the KHI is weak because it does not have a legitimate legislative basis in the post-reform national legal system, and its substance reflects a patriarchal construction that is not in line with constitutional values. The second finding shows that the renewal requires a legal political strategy that is transformational, multidisciplinary and participatory, therefore that the resulting Islamic family law is not only legally-formally valid, owever also socially legitimate and substantively just. 
An Islamic Legal Review on Marriage Contract for Prospective Groom with Speech Impairment Muhammad Shofwan Taufiq; Amelia Agil Fitri Yani
JURIDISCH DENKEN Vol. 1 No. 1 (2025): Juridisch Denken
Publisher : Faculty of Law Universitas Muhammadiyah Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2417/juden.v1i1.4976

Abstract

Acceptance of consent for mute speech is valid with the sign, if it can be understood, as is the case with a sale and purchase contract that is valid with the way of the sign, because the sign has a meaning that can be understood. But if one of the parties does not understand the signal, the consent is not valid, because the one who does the consent is only between the two people concerned. However, the issue of consent granted by mute-mute grooms can be done in several ways, including by sign, in writing or by way of representation. This research uses a juridical empirical approach. Sources and types of data in this study only use primary data and secondary data. Data collection in this study was carried out using literature and field studies. The analysis of the data obtained was carried out by means of qualitative analysis with an inductive mindset. The results of this study indicate an overview of Islamic law that marriages with speech impairments whose qabul use sign language in the form of hand and mouth movements that he understands the meaning of the contract, the marriage is considered valid provided that it fulfills the pillars and conditions of marriage. The practice of consent for marriage using sign language for persons with disabilities represented by expert guardians in Metro Timur District is the practice of consent for marriage done in sign language, which is spoken directly by the mute bridegroom, namely by using sign language, such as hand movements, head movements, eye blinks, statements of agreement and so on that can be understood in the majlis. The inhibiting factor in the implementation of the marriage contract for mutespoken grooms is the lack of sign language expert guardians who understand Islamic religion, especially in terms of the pillars and conditions of marriage. As well as the witness' lack of understanding about sign language, the witness was only given an understanding that the meaning of these gestures was like consent and acceptance under normal conditions
Co-Authors Amelia Agil Fitri Yani Prima Angkupi