Suchergebnisse

After the peaceful agreement signed by the Indonesian government with the government of Aceh, special autonomy was granted for Aceh and provided additional space for the two governments to improve the relations. Islamic law was fully effected after the assignment of Law No. 22 of 1999 concerning Regional Autonomy and amended by Law No. 11 of 2006 concerning the Law of the Government of Aceh, which provides a legal basis for the Privileges and Application of Islamic Law in Aceh. This research aims at analyzing the history and current existence of Islamic law in Indonesia and its contradiction with human rights. As an effort to enforce Sharia law, the regional government, besides pouring it into regional regulations or what is called Qanun, also forms institutions tasked with ensuring the proper implementation of Islamic Sharia law in Aceh. The research used normative legal research with a statute approach. The data are taken from secondary data. The results found that there were no human rights violations in applying Islamic law in Aceh.

This is an open access book. Wael B. Hallaq, a renowned sharia scholar, has called sharia an 'episteme' that suffered a 'structural death' following the dawn of modernity in the nineteenth and early twentieth centuries (Hallaq 2009, 15–16). Yet, its resurgent is remarkable across a number of jurisdictional fault-lines: from Muslim-majority nations in Middle East and Southeast Asia to Muslim-minority societies in Western Europe and North America. Across these jurisdictions, the relationship between sharia and state law is central. It includes sharia-state encounters, notably in the form of (state) Islamic law, in the field of family law, which is often asserted as the 'core' or 'last stronghold' of sharia (Moors 2003, 2; Coulson 1969, 115–6), and other substantive areas of law, such as Islamic economics and Islamic philanthropy and also jinayah (Islamic penal law). Regardless of their differences in their own specific context, these areas somehow manage to secure an importance place in the modern days. It involves different loci of authority to interpret, legislate, and enforce sharia, or parts of it that not only flourish but also being challenged around the Muslim world. Equally important are implications of the increasingly unsettled authority of apparently agreed-upon substance of sharia. To contribute on these issues, we would like to invite scholars from diverse discipline including law, anthropology, and Islamic studies, working in both Muslim-majority and Muslim-minority contexts, to present their works in our International Seminar on Sharia, Law, and Muslim Society (ISSLaMS).

This paper examines the role of Muslim religious organisations in northern Nigeria as religious interest groups in relation to government decision-making, including their role as 'superior Muslim influence' in the introduction and dissemination of Sharia law in 12 northern states in Nigeria. Two of the most prominent Muslim organisations in Nigeria, the J'amatu Nasril Islam (JNI) and Nigerian Supreme Council for Islamic Affairs (NSCIA), are examined in this regard to compare and highlight their lobbying strategies in their attempt to justify claims to representing over 80 million Muslims in Nigeria. This paper suggest that Islam and the support from Muslim organisations were significant influences on government policy-makers involved in the process of adopting Sharia law in the northern states. Overall, this paper concludes that Muslim organisations have superior influence, have significantly marginalised non-Muslims and have focused on Sharia law policy, thus enabling an analysis of the relationship between religion and politics in Nigeria.

The unusual response of former President Olusegun Obasanjo (of Nigeria) to the adoption of shariah law in northern Nigeria that it "will soon fizzle out" was as intriguing and philosophical as the formal adoption of shariah law itself. This is against the backdrop of his antecedence in handling burning national matters. The critical issues bordered on whether the adoption of sharia was political or religious since it was through the parliament rather than the mosque. The paper examined the President's responses against the prevalent political factors and showed that its implications have continued to reverberate in the Nigerian polity. The paper argued that a definite secular or multi-religious status (not a religious state) of the country should be articulated through the gristmill of thorough-bred intellectual and constitutional engagement.

"Pagang gadai" transaction has become a sociocultural activity for Minangkabau society in West Sumatera. This transaction has been entrenched and rooted in life. However, over time, this activity has begun to change from its initial values, as a principle of helping each other and a cultural tradition, to an economic motive, namely a business transaction, which then turns into a commercial value. Several studies have indicated that "pagang gadai" is no longer merely applying the principle of helping each other and a cultural activity, but has an economic motive, that is a shifting pattern that leads to the hold over wealth from one person to another in order to obtain financial benefits. This transaction allows the pawnbroker to hold productive agricultural land, such as rice fields, fish ponds, yards, coconut trees, and even cars. The right-of-use land and productive assets then belong to the lender. So, some research and empirical studies indicate that "pagang gadai" no longer has a social value but begins to partially change into usury. Therefore, it is better for the society to go back to the foundation of adat philosophy "syarak mangato adat memakai", and the application of state law should be consistent as Government Regulation in Lieu of Law No.56/1960 about the use of agricultural land in Article 7 limits the period of "pagang gadai" to 7 years and the agricultural land is handed back without ransom.

Purpose: Law politics is an attempt to create regulations in line with the circumstances and the situation at a time, becoming law politics is a step for the government to establish a legal system to achieve state goal. The scope of political law can't be separated from other policies. The preparation of law politics must always be sought along with aspects of policies in the field of economy, politic, social, culture, technology and so on and political law as the direction of law development policy of a country and political law is defined as a relationship of mutual influence between law and politic. Political law in shariah perspective can be understood from the text of holy Al-Qur'an, An-Nisa (women) verse 58-59 namely trustworthy and ulil amri (government) namely ulil amri is responsible for the politics of law on its territory. In the development of siyasah Syar'iyah included in the law political science taqnin al Ahkam namely knowledge about the ways Islamic sharia into law. In understanding the scholars that Islamic Sharia law in the political is permitted to benefit the people but still may not be contrary to the Islamic sharia. Methodology: The method used in this study qualitatively with data sources consisting of secondary data, namely the results of literature studies and search for documents and articles in the media. Main Findings: Law Politics is an attempt to create regulations appropriate to the circumstances and the situation at a time, making the law a step politically for the government to establish a legal system in order to achieve state goals. Implications/Applications: The scope of Law politics is that law politics cannot be separated from other policies in the field. Preparation of law politics must always be sought along with aspects of policies in the field of economy, politics, social, culture, technology, and so on and law Politics as the direction of a country's legal development policy and the law Politics is defined as the relationship of mutual influence between law and politics.