Islamic Law Reform in Religion’s Court Decision

Ramdani Wahyu Sururie, Ah. Fathonih, Munir

2018

Abstract

The decision of the Religious Courts is one of the treasures of Islamic law in Indonesia in addition to fiqh, fatwa and qanun. Therefore, the product of the court decision made by the judges is aligned with the results of ijtihad based on the intensity of social change that occurs in society while the law is clear less. The aim of this reasearch is to study the renewal of court decisions, especially in the field of family law, namely the division of joint property between husband and wife due to divorce which is not divided equally in proportion, child custody for those determined by the child's choice not on the basis of the wishes of the mother and father, and the granting of property rights inheritance of different religions. The method that used in this study is to analyze the method of judges in deciding the family's civil case, both the basis of consideration and the legal basis that used. The results of the analysis and study show that the reform of Islamic law in the decisions of the religious court is carried out by the maslahah (welfare, usefulness) methot that considering the legal objectives and the legal basis derived from the Holy Quran, Hadith, and formal sources of law.

Paper Citation

in Harvard Style

Sururie R., Fathonih A. and Munir. (2018). Islamic Law Reform in Religion’s Court Decision.In Proceedings of the 1st International Conference on Recent Innovations - Volume 1: ICRI, ISBN 978-989-758-458-9, pages 195-200. DOI: 10.5220/0009921401950200

in Bibtex Style

@conference{icri18,
author={Ramdani Wahyu Sururie and Ah. Fathonih and Munir},
title={Islamic Law Reform in Religion’s Court Decision},
booktitle={Proceedings of the 1st International Conference on Recent Innovations - Volume 1: ICRI,},
year={2018},
pages={195-200},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0009921401950200},
isbn={978-989-758-458-9},
}

in EndNote Style

TY - CONF

JO - Proceedings of the 1st International Conference on Recent Innovations - Volume 1: ICRI,
TI - Islamic Law Reform in Religion’s Court Decision
SN - 978-989-758-458-9
AU - Sururie R.
AU - Fathonih A.
AU - Munir.
PY - 2018
SP - 195
EP - 200
DO - 10.5220/0009921401950200