Perkawinan adalah sah, apabila dilakukan menurut hukum Islam sesuai dengan Disalin dari ”Kompilasi Hukum Islam di Indonesia”, Direktorat Pembinaan. Modernization, Tradition and Identity: the Kompilasi Hukum Islam and Legal Practice in the Indonesian Religious Courts. Nadirsyah Hosen. University of. Kompilasi The Kompilas Modernization, Tradition and Identity Publications Series Monographs 4 Modernization, Hukum Hukum Islam Euis Nurlaelawati is a .
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Download Citation on ResearchGate | HUKUM KEWARISAN DALAM KOMPILASI HUKUM ISLAM (KHI) DI INDONESIA | The Islamic laws of. The tradition of Islamic law in Indonesia's Muslim population can not be separated from values, legal norms, and legal products. Therefore, the position of ijtihad. Full Text PDF ( kb). Hunafa: Jurnal Studia Islamika Vol 8, No 2 (): HUKUM ISLAM. KOMPILASI HUKUM ISLAM (KHI) SEBAGAI HASIL.
It was to reconcile these three key terms that the courts.
This is known as the 'one-roof system' of the administration of created in The KHI used divorce and inheritance. This states that 'marriage is valid if it follows the 5r many judges from the religious court in her research.
Some judges rule of religions'. It should be said that, for Muslims, Presidential complained that Adat [custom or tradition] is much more dominant Instruction No ' explains and expands upon Article 2 of Law Shari'a in the KHI.
This explains why in many religious No I of Euis Nurlaelawati's Modernization, Tradition and Identity is the first classical doctrine from Islamic law literatures - considered as a 'backc book written in English that examines KHI and the religious court. Nurlaelawati explains that in long before KHI , the sources of ,: At the legal- decisions.
There have still considered as an 'open' text. In , the Department of Religious ;': So, which references should be used for judges:. One party might argue that his or. The draft was based on KHI materials and provisions. The her marriage is valid according to one school, whereas the judges might ': Therefore, the 13 books Presidential Instruction to an Act.
As a response to the draft above, in became the official references of the religious court in the period from , the Department of Religious Affairs Working Group on to It proposed: C;, Most of those books were written by scholars from the Shafi'i school, at least 23 points that aimed not only to change or amend the Bill hundreds or even thousand of years ago.
Some of the opinions they fundamentally, but also to reform Islamic family law based on the ideas -it"" expressed were irrelevant or did not pertain to the present situation or ,P'" of pluralism [ta'addudiyyah], nationality [muwathanah], upholding to the problems associated with it.
Furthermore, judges are expected to ,'f" human rights [iqamat al-huquq al-insaniyyahl, democracy take cognizance of the other schools of Islamic law. When Islam came [dimuqrathiyyah], public benefits [mashlahat] and gender equality [al- to Indonesia, there were other religions and many customary practices musawah al-jinsiyyah].
Once again, followed on a daily basis. This Muslims, which might be different from the practice of Islam in the well written book is an invaluable resource for scholars and students in Middle East or in Africa. Related Papers. Female Judges in the Religious Courts of Indonesia.
By Arskal Salim.
Modernization, Tradition and Identity. Research Online is the open access institutional repository for the University of Wollongong. For further information contact the UOW Library: research-pubs uow. Keywords identity, tradition, modernization, nurlaelawati, euis, islam, hukum, legal, practice, indonesian, religious, courts, kompilasi Disciplines Arts and Humanities Law Publication Details N.
Both terms have negative images in Indonesian society, and therefore their use has been avoided in legal and political arenas.
Under the Constitution, Indonesia was designed to adopt a middle position: the Pancasila-based state, which begins with the principle of 'One Godhead', not only allows but also encourages religion to inspire Indonesian public life in the fields of humanitarianism, national unity, representative democracy and social justice.
However, this does not mean that Islamic law is not practised in Indonesia. In fact, an Islam-inspired agenda is welcome, to the extent that it corresponds with, and does not contradict, the Pancasila. Simatupang, a Protestant scholar, has stated that 'the Pancasila- state is responsible not only for ensuring religious freedom, but also for promoting the role of religions in society' It was in this spirit that the Department of Religious Affairs was founded in It supervises religious education, Muslim marriages, the Islamic courts which deal with divorce and inheritance matters only and the Hajj [pilgrimage].
It also has separate directorates for the other religions: Catholicism, Protestantism, Hinduism and Buddhism. Indonesia recognizes religious courts as one of four components in the court system.
The other three components are military courts, general courts and administrative courts. Before , the decision of a religious court needed the fiat of a district court. However, based on Law No 7 of , the position and the decisions of reiigious courts became equal to those of other courts. It was to reconcile these three key terms that the courts. This is known as the 'one-roof system' of the administration of created in The KHI used divorce and inheritance. This states that 'marriage is valid if it follows the 5r many judges from the religious court in her research.