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Moh. Ali
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Sharia Faculty, State Islamic Institute of Jember. Jl. Mataram No. 1 Mangli, Kaliwates, Jember 68136, Jawa Timur, Indonesia
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INDONESIA
Indonesian Journal of Law and Islamic Law (IJLIL)
Published by Universitas Islam Negeri Kiai Haji Achmad Siddiq Jember
ISSN : 27215261     EISSN : 2775460X     DOI : https://doi.org/10.35719/ijl
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Indonesian Journal of Law and Islamic Law (IJLIL) (P-ISSN 2721-5261 and E-ISSN 2775-4621) is a journal through a review process published twice a year (June and December) by Sharia Faculty, State Islamic Institute of Jember. This journal emphasizes aspects related to law and Islamic law studies, with special reference to socio-legal activities, legal politics, criminal, civil, and good doctrine of positive law / Islam. Sincerely invites contributions from scholars from related disciplines. The language used in this journal is Indonesian and English.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 42 Documents
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Legal Power of Testament Act as Authentic Deed in The Indonesian and Malaysian Law System Izzah Afkarina
Indonesian Journal of Law and Islamic Law Vol. 4 No. 2 (2022)
Publisher : Jember: Sharia Faculty State Islamic Institute of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The Testament is a letter that contains a person's statement about what they want on assets after they die. In principle, in civil matters in the Indonesian legal system (Civil Law), written evidence is prioritized evidenceor the highest evidence than others. In contrast to Malaysia (Common Law), in the law of proof, it uses a jury system. Legal issues are determined by the judge and the facts are determined by the jury. From the explanation above, the Testament deed doesn’t have to do because the heirs are entitled on the inheritance of the property. Based on the description above, it needs to further examine “The Comparison of the Testament Deed Law as an authentic deed of Law in the Legal System in Indonesia and Malaysia”. The method used in this research is Qualitative Method, using Normative Law research. The results showed that (1) The Testament Regulation in the legal system in Indonesia and Malaysia is still pluralism of law; (2) The legal force of the Testament Deed and the legal consequences are both perfect proof in the Court if it fits its the procedures and provisions; (3) The Implementation of Testament Deeds in the legal system of the Indonesian and Malaysia, both can be done in writing, verbally or signal and it is witnessed with two witnesses.
The Dynamics of Islamic Family Law Reform in Morocco on Guardians Of Marriage Nur Aini Awaliyah
Indonesian Journal of Law and Islamic Law Vol. 4 No. 2 (2022)
Publisher : Jember: Sharia Faculty State Islamic Institute of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijlil.v4i2.245

Abstract

Islamic law reform must be carried out in response to the demands of change that occur in society. It is said that because one form of the universality of Islamic law is seen from the adaptability and flexibility of Islamic law itself. In connection with reform, Morocco carried out reforms of Islamic family law in the twentieth century. History states that between 1912-1956 Morocco was under French and Spanish political domination. The follow-up of efforts to develop the codification of family law was on August 19 1957, Morocco, whose inhabitants were followers of the Maliki school of thought, codifying during 1957 to 1958 producing Mudawwamah al-Ahwal al-Syakhsiyyah. The history of the birth of the Moroccan Law began on December 6, 1957 (13 Jumadil Awal 1377) with the issuance of the King's decree dated November 22, 1957 (28 Rabiul Thani 1377), announcing the issuance of the law on marriage and divorce. Morocco made history again in 2004, Morocco carried out a reform of the Islamic family law, which is one of the countries that gives legal permission to a woman, both girl and widow, to marry herself without a guardian in its Mudawwah al-Usrah, efforts to reform this law cannot be separated from the role of King Muhammad VI and the Progressive Feminism Movement.

Page 5 of 5 | Total Record : 42

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