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All Journal At-Tahdzib: Jurnal Studi Islam dan Muamalah Al-Mawaddah: Jurnal Studi Islam dan Hukum Keluarga (Ahwal Al-Syakhsiyyah)
Halimi, Moh. Zunaidi
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Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Kewenangan Mengadili Lembaga Peradilan di Indonesia Dan Titik Singgung Pengadilan Umum Dengan Pengadilan Agama Halimi, Moh. Zunaidi
Al-Mawaddah: Jurnal Studi Islam dan Hukum Keluarga (Ahwal Al-Syakhsiyyah) Vol 1 No 1 (2024): Al-Mawaddah
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/al-mawaddah.v1i1.428

Abstract

The court as an officially legitimate (legitimate) state institution is given the authority to examine, adjudicate, decide and resolve every dispute submitted to it. The Court's authority, practical and theoretical, is divided into two, namely absolute authority (absolute competency) and relative authority (relative competency, jurisdiction). The method used is literature review, which is a systematic, explicit and reproducible method for identifying, evaluating and synthesizing research works and ideas that have been produced by researchers and practitioners. The type of research that researchers used in preparing this article is research. Qualitative, this kind of research is descriptive and tends to use analysis with an inductive approach. This type of qualitative research is in the form of library research. As far as current practical experience is concerned, the authority of district courts and religious courts often experiences points of contact. Apart from historical factors, incomplete factors and lack of clear explanations in the law give rise to different interpretations regarding the authorities in certain cases. Moreover, the absolute authority of religious courts is based on the principle of Islamic personality, which means that submission to the provisions of Islamic law is the basis for the legitimacy of the authority of religious courts in certain cases. Submission to Islamic provisions as the basis for the meaning of Islamic personality no longer only means formal Muslims (based on legal identity), but also non-Muslims who submit themselves to the provisions of Islamic law. Below are several points regarding the authority of the District Court and the Religious Court.
Hak Warisan Wanita dalam Perspektif Hukum Islam: Kajian Sosial Hukum Islam Halimi, Moh. Zunaidi
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 13 No 1 (2025): At-Tahdzib
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib, Ngoro, Jombang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/hz686k74

Abstract

Background. The issue of women’s inheritance rights has long been a subject of discussion in Islamic law. Although the Qur’an establishes a ratio of two-to-one between male and female heirs, many modern scholars and feminists challenge this provision, arguing for equal inheritance based on justice and social changes.Aim. This study aims to analyze the development of female inheritance rights within the framework of Islamic law, focusing on socio-historical factors and debates that have shaped its evolution, and to predict possible directions for its future interpretation.Methods. This research employs a library-based qualitative approach (library research) by examining classical fiqh literature from the four schools of thought and comparing them with contemporary interpretations and gender justice discourses.Results. The study finds that the classical formulation of 2:1 emerged during the socio-historical context of a patriarchal society, in which women had minimal public and economic roles. However, in contemporary contexts, where women increasingly contribute to family and public life, scholars propose more egalitarian approaches, either through reinterpretation or consensual redistribution mechanisms such as hibah and shadaqah. The study recommends a mediating framework between textual and contextual readings to achieve both fidelity to scripture and social justice.
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