Reforming Marriage Registration Policies in Malaysia and Indonesia

The living fiqh is derived from the living al-Quran and the living al-Hadith. It requires refining its formulation and methodological model as a contemporary socio-anthropological approach to fiqh. This article discusses the formulation of the concept of the living fiqh both deductively and inductively-abductively. The aim is to formulate and present this conception as a new approach or model of study and evaluation of fiqh practice in the contemporary era. The method used is abductive construction based on integrating fiqh into the behavior of its participants in various cultural clusters of Islamic society. The result found in this research is the formulation of the concept of The Living Fiqh as an explanation for society's acceptance of fiqh not only as knowledge but also as a practical guide in their lives. The implication is the availability of a sociological framework of fiqh that can explain the integration of fiqh in the daily life of Muslim communities spread across various models of cultural practices.

Section: Scope Of Family Law (Ahwal As-syakhshiyyah)mentioning

confidence: 99%

The Living Fiqh: Anatomy, Philosophical Formulation, and Scope of Study

Wimra¹,

Huda²,

Bunaiya³

et al. 2023

“…Regarding the boundaries of women's private parts, scholars have different opinions. Some scholars believe that the genitalia of a Muslim woman is her entire body, including the face, palms of her hands, and the soles of her feet (Warman et al, 2023). They base their opinion on their understanding of the verse of the Qur'an surah al-Ahzab verse 53, which means: "When you ask for something (necessity) from them (the wives of the Prophet), then ask from behind the curtain (min waraai al-hijaab); That way is purer to your heart and theirs."…”

Section: Literature Reviewmentioning

confidence: 99%

Trendy Veil: Law, Function, and Its Stigma on Muslim Society

Asmara,

Kurniawan,

Jafar

et al. 2023

The trendy Veil was a phenomenon among young women, especially after the Covid 19 outbreak. Many wear the veil as well as a mask to prevent disease. The purpose of this study was to reveal facts related to law, function, and social stigma against women who wear the trendy veil. This research was field research that used a normative approach. Data collection techniques in this study were interviews and documentation. At the same time, the analysis technique used in this study is descriptive. The findings in this study were that the law on wearing a trendy veil was sunnah as long as a trendy veil follows the general rules of dress for Muslim women. The trendy veil has three functions: worship, social, and health. In addition, there has been a change in the stigma of women who wear the veil today, especially women who wear trendy veils. The negative stigma against women who wear the veil has begun to disappear. The Muslim community has considered the trendy veil a necessity and a common thing.

“…Second, the nature of law of marriage is the existence of emotional bonding when a man and a woman become husband and wife. This emotional bond is aimed at fostering family within the blessing of the Almighty God (Warman et al, 2023).…”

Section: Introductionmentioning

confidence: 99%

The Enactment of Positive Law against Perpetrators of Sexual Deviancy in Public Space in Indonesia

Sari,

Yanto,

Iqbal

et al. 2023

Problems on Lesbian, Gay, Bisexual, and Transgender (LGBT) in social life seem to be more real currently. Even though religions prohibit the behaviors of LGBT, the positive law, which is Law no.1 of 1946 on Criminal Code, does not regulate legal sanctions on LGBT. This article studies the importance of positive laws that regulate legal sanctions on the actors who practice LGBT in public. Still, as important as others, this article also tries to find out the causes of sexual disorder behaviors of LGBT. This research applies the method of normative law. Still, this research was conducted by studying the literature and collecting secondary data. After gaining the data, they were analyzed to answer the formulated problems. The research results show there must be legal sanctions on LGBT behaviors. The nation should not punish LGBT-infected people, but she must punish the people who practice LGBT in public. There are many factors causing LGBT. They are the influence of environment, childhood trauma, same-sex harassment or abuse, inferior feeling and fear of loving the opposite sex, family problem such as divorced parents, etc