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Moh. Ali
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Sharia Faculty, State Islamic University of Kiai Haji Achmad Siddiq Jember. Mataram Street No. 1 Mangli, Kaliwates, Jember 68136, East Java, 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 2775-460X) is a joint-venture of the Association of Indonesian Islamic Family Law lecturers (ADHKI) and The Syariah Faculty and is published by the State Islamic University of Kiai Haji Achmad Siddiq Jember. The purpose of this journal is to provide a platform for the publication of academic works which pertain to law and Islamic law studies, with special reference to socio-legal activities, legal politics, criminal, civil concerning human rights issues in Southeast Asia and Beyond. Though this journal was created to showcase the works of authors affiliated with ADHKI Indonesia and ETC, it welcomes submissions form any scholars whose work pertains to the aforementioned topics.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
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Search results for , issue "Vol. 4 No. 2 (2022)" : 6 Documents clear
Analysis of Dowry Laws in The State of Sarawak, Malaysia, and KHI Indonesia Ridho Syahbibi
Indonesian Journal of Law and Islamic Law (IJLIL) Vol. 4 No. 2 (2022)
Publisher : Jember: Sharia Faculty State Islamic University of Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijlil.v4i2.226

Abstract

The law of dowry in Islam is an obligation for a man who wants to marry his future wife. Article 30 of the Compilation of Islamic Law (KHI) in Indonesia explains that the prospective groom is obliged to pay a dowry to the prospective bride in an agreed amount, both in form and type. However, there is no certainty about the amount of dowry to be paid. Another Muslim-majority country that adheres to Islamic law in the context of family law, including dowry, is Malaysia, which has the Sarawak State Islamic Family Law Ordinance 2001 which also regulates dowry laws. Thus, in solving a problem related to the amount of the dowry, the judge will solve it. This study uses a type of library research with a juridical-normative method. Primary data sources in the form of laws and regulations regarding the law of dowry in Indonesia and Malaysia, secondary sources obtained from various writings and books that are relevant to the research focus. Result: in detail the dowry law in the preparation of Islamic law is regulated in Articles 30 to 39, while the 2001 Sarawak State Islamic family law procedures in Malaysia are contained in Article 19, Article 56 and Article 57. Both have similarities in the laws and regulations that discuss about the law. dowry, one of the most prominent differences between the two is regarding the determination of the dowry, which in Indonesia the dowry is not clearly defined in terms of form and amount, while in the State of Sarawak, Malaysia, the amount is 120 RM for virgins and widows.
Actualization of Mui Fatwa on Positive Law as Islamic Legal Opinion in Indonesia May Shinta; Namira Rosalina Mutian
Indonesian Journal of Law and Islamic Law (IJLIL) Vol. 4 No. 2 (2022)
Publisher : Jember: Sharia Faculty State Islamic University of Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijlil.v4i2.233

Abstract

Legal opinion in Islam will discuss issues related to religious law such as fatwas. In Indonesia, there is a fatwa-making body called the MUI (Indonesian Ulema Council) which was established on July 26, 1975. This study uses the library research method by reviewing several libraries and comparing them with other literacy to find the right research results. The results of the study indicate that fatwas have an important role by becoming several national laws in the realm of Islamic economics. This is proven in the Supreme Court Regulation No. 2 concerning the Compilation of Sharia Economic Law (KHES), in addition to that regarding Islamic banking, for example PBI No. 9/19/PBI/2007. In addition, regarding sharia principles, the finance minister asked the MUI fatwa as the basis for issuing State Sharia Securities (SBSN).
Legal Power of Testament Act as Authentic Deed in The Indonesian and Malaysian Law System Izzah Afkarina
Indonesian Journal of Law and Islamic Law (IJLIL) Vol. 4 No. 2 (2022)
Publisher : Jember: Sharia Faculty State Islamic University of Kiai Haji Achmad Siddiq 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 (IJLIL) Vol. 4 No. 2 (2022)
Publisher : Jember: Sharia Faculty State Islamic University of Kiai Haji Achmad Siddiq 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.
Additional Term Position of Constitutional Judges in The Perspective of Fiqh Priority of Yusuf Qardhawi Fajrul Falah
Indonesian Journal of Law and Islamic Law (IJLIL) Vol. 4 No. 2 (2022)
Publisher : Jember: Sharia Faculty State Islamic University of Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijlil.v4i2.246

Abstract

Emergence of the third amendment to the law on the constitutional court which was passed suddenly has sparked controversy among experts. This is due to three irregularities in the law. Among them are the discussion of the law is considered very fast, changes regarding the addition of the term of office of constitutional judges and the very fullness of the law with indications of political interests in order to facilitate the interests of the proposing institution. In examining this problem, this research uses the theoretical perspective of the working of law from Chambliss and Seidman and fiqh siyasah from Yusuf Qardhawi. This research is a normative legal research and with a statute approach and conceptual approach. The findings in this study indicate that an increase in the tenure of constitutional judges who continue to use retirement is in line with Yusuf Qardhawi's priority fiqh theory for several reasons, including a form of harmonization in regulating the tenure of the highest holder of judicial power and being able to maintain independence and credibility of every constitutional judge's decision.
Teleconference Marriage Contracts and The Development of Indonesian Marriage Law Miftahul Qodril R; Ishaq Ishaq; Pujiono Pujiono
Indonesian Journal of Law and Islamic Law (IJLIL) Vol. 4 No. 2 (2022)
Publisher : Jember: Sharia Faculty State Islamic University of Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijlil.v4i2.255

Abstract

In the current era of technology, it is possible to carry out a marriage contract with the help of technology that can facilitate the parties who will carry out the marriage contract. In the study of Islamic law, there is no definite law regarding this long-distance marriage. Because this is a case of ijtihadiyah which is not mentioned in the texts of the Qur'an or Sunnah. In Indonesia, there is also no legal certainty regarding long-distance marriage contracts. This study uses library research method where literature is the main data source. This study aims to determine the views of an Islamic figure regarding the marriage contract carried out by teleconference, as well as to find out the prospects for this view in the development of Islamic family law in Indonesia. The results of this study indicate that the marriage contract through teleconferencing is factually not yet regulated in marriage law. However, according to Wahbah Az-Zuhaili's opinion, marriage via teleconference is a marriage that is allowed and can be considered valid. However, it is still necessary to regulate and amend the law regarding teleconferencing marriage contracts in order to protect the law, as well as to fulfill the legal aspect for the parties concerned.

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