Article

PEMBARUAN HUKUM KELUARGA ISLAM (Studi Kasus Hukum Waris di Somalia)

Authors:
To read the full-text of this research, you can request a copy directly from the authors.

Abstract

This article aims to examine one of the phenomena that emerged in the Muslim world in the 20th century, namely the renewal of family law in Muslim-majority countries. This article focuses on the study of inheritance law reform in Somalia. By using a legal political approach, this article examines several important issues, i.e.,: the model of inheritance law reform in Somalia, the reasons that led to the revolutionary change from the concept of Islamic inheritance in general, and and the factors that influence these changes. In general, this study shows that in the reform of family law in Somalia, there are several rules that are not much different from the concept of the imam of the school of thought, but there are also several legal rules that are quite far from the conceot of conventional, especially the legal rules related to inheritance.

No full-text available

Request Full-text Paper PDF

To read the full-text of this research,
you can request a copy directly from the authors.

Article
Full-text available
Inheritance Law which regulates the ownership of assets transferred by the heir to the heirs in the form of money, goods, land or Sharia rights. Reforms regarding inheritance law in Islamic countries on average use 2:1 for the distribution formula, namely men get 2 more shares than women. However, this is not the same as the legal reform that occurred in Somalia, where the division between men and women was equalized, namely 1:1. This research is qualitative research that uses a Gender Equality approach because it sees changes in inheritance law carried out by Somalia to equalize the division between men and women. Somalia's inheritance law is different from the provisions regulated in the Al-Qur'an and the Shafi'i Madzhab which are used as guidelines by the country. Apart from that, the provisions of inheritance law in Somalia are not in accordance with the provisions of other Madzhabs. This shows that the inheritance law has changed due to the social and familial elements that exist in the country of Somalia which adheres to a socialist system. The results of this research, namely the 1:1 distribution formula initiated by Somalia, show that the right to inherit property is equal for men and women. This illustrates that Somalia wants to equalize the rights for men and women in obtaining inheritance. So the issue of gender differences does not determine the distribution of inheritance in Somalia. This equalization of the distribution of inheritance raises the status of women so that equality between men and women is visible.
Article
Full-text available
This paper discusses the influence of scientific socialism ideology on Islamic inheritance law in Somalia which is regulated in The Family Code 1975. This paper begins with a discussion of scientific socialism as a state ideology, then its influence on Islamic family law in Somalia and the application of scientific socialism ideology in inheritance law. The method used is descriptive with a theoretical approach that is explored through information media. The results of this study indicate that the deviation of family law regulations in Somalia from what is described in the Qur'an begins based on the concept of a state of scientific socialism that they apply. The purpose of implementing the ideology of scientific socialism in Somalia was to shift rigid customary rules and as a form of political cooperation with the Soviet Union. As a result, the application of the rules of family law has changed, especially in terms of inheritance. For example, there is no difference in the share of inheritance between husband and wife, sons and daughters, grandfather and grandmother, father and mother, even siblings, and half-siblings.
Book
'Imagined Communities' examines the creation & function of the 'imagined communities' of nationality & the way these communities were in part created by the growth of the nation-state, the interaction between capitalism & printing & the birth of vernacular languages in early modern Europe.
Islamic Family Law in Changing World: A Global Resource Book
  • Abdullah Ahmed
An-Na'im, Abdullah Ahmed. Islamic Family Law in Changing World: A Global Resource Book. New York: Zed Book Ltd, 2002.
Brill's First Encyclopedia of Islam
  • H A R E J Gibb
Gibb, H.A. R., (et.al., eds.). E.J. Brill's First Encyclopedia of Islam 1913-1936, Vol. VII. Leiden & New York: Kobenhavn, 1987.
Jakarta: PT Raja Grafindo Persada
  • Cyril Glasse
  • Terj Islam
  • A Ghufron
  • Mas
Glasse, Cyril. Ensiklopedi Islam. terj., Ghufron A. Mas'adi. Jakarta: PT Raja Grafindo Persada, 1999.
  • Tahir Mahmood
Mahmood, Tahir. Family Law Reform in the Muslim World. Tripathi, Bombay: The Indian Law Institute, 1971. ---------. Personal Law in Islamic Countries. New Delhi: Academy of Law and Religion, 1987.
The Shari'a: A Methodology or Body of Substantive Rules
  • Ann Elizabeth Mayer
Mayer, Ann Elizabeth. " The Shari'a: A Methodology or Body of Substantive Rules?" Dalam Islamic Law and Jurisprudence. Nicholas Heer (ed.). Seattle and London: University of Washington Press, 1990.
Status Wanita di Asia Tenggara: Studi terhadap Perundang-Undangan Perkawinan di Indonesia dan Malaysia
  • Khoiruddin Nasution
Nasution, Khoiruddin. Status Wanita di Asia Tenggara: Studi terhadap Perundang-Undangan Perkawinan di Indonesia dan Malaysia. Jakarta: INIS, 2002.
Perkembangan setelah Undang-Undang Perkawinan
  • Zaini Noeh
  • Ahmad
Noeh, Zaini Ahmad. "Perkembangan setelah Undang-Undang Perkawinan," dalam Daniel S. Lev, Peradilan Agama Islam di Indonesia: Suatu Studi Landasan Politik Lembaga-Lembaga Hukum. Jakarta: Intermasa, 1986.
Mafhûm Tajdîd al-Dîn al-Da'wah. Kuwait: ttp, tt
  • Bustami Saad
  • Muhammad
Saad, Bustami Muhammad. Mafhûm Tajdîd al-Dîn al-Da'wah. Kuwait: ttp, tt.