Authors:
Ramdani Wahyu Sururie
;
Ah. Fathonih
and
Munir
Affiliation:
UIN Sunan Gunung Djati Bandung, Indonesia
Keyword(s):
Division of assets, Child custody, Inheritance, Islamic law renewal, Religious courts
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 decision
s 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.
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