Jurnal Ar-Risalah
Vol 2, No 1 (2022): Volume 2 Nomor 1, 2022

KAJIAN KRITIS TENTANG PERANAN YURISPRUDENSI DI DALAM PEMBARUAN HUKUM KELUARGA ISLAM DI INDONESIA

Rasdiyanah, Rasdiyanah (Unknown)



Article Info

Publish Date
01 Jun 2022

Abstract

The research result shows that jurisprudence in Indonesia as source of law although judges were not bound with the present jurisprudence, it was because Indonesia take up the system of civil law. The position of jurisprudence becomes very crucial in a country which takes up civil law as source of law like in Indonesia, especially when regulation is not suitable with the real situation or does not adjust faced case. Role of jurisprudence in the renewal of Islamic family law in Indonesia is a fact. It can be seen in some decisions in Supreme Court who published new law regulation such as Decisions of Supreme Court No. 137 K/AG/2007 about giving money in iddah time to a wife who demanded for divorce, Decisions Number 266 K/AG/2010 about shared wealth, Decisions No. 86 K/AG/1994 about equality between son and daughter in hampering uncle to receive legacy,  Decisions Number 16 K/AG/2010 about giving wajibah legacy to non moeslem wife.. Besides, before Islamic Law Compilation was arranged, jurisprudence had showed the roles in creating law which consisted renewal of Islamic family law. Even jurisprudence is also source of reference in formulating articles of Islamic law Compilation as INPRES No. 1 in 1991. 

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Journal Info

Abbrev

arrisalah

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Jurnal Ar-Risalah: published by Islamic Family law Postgraduate Program of Institut Agama Islam Negeri Bone since 2021. The subject covers textual and fieldwork studies with various perspectives of Islamic Family Law, Islam and gender discourse, and legal drafting of Islamic Civil law. In the ...