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KETENTUAN HUKUM KELUARGA DI BRUNEI DARUSSALAM DAN INDONESIA

Jurnal Pikir : Jurnal Studi Pendidikan dan Hukum Islam

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Title KETENTUAN HUKUM KELUARGA DI BRUNEI DARUSSALAM DAN INDONESIA
 
Creator Huda, Miftahul
Rohmah, Ulin Nadya Rif’atur
 
Description ABSTRACT: Modern Muslim countries continue to reform family law to answer new problems and meet the needs that arise in this modern era. Brunei Darussalam is one of the countries that has reformed family law, although in reality if you look at the ideology of the State of Brunei in it it is stated that Brunei has determined to follow the Shafi'i school of thought. This paper examines the portrait of the state of Brunei carrying out family law reform related to the material as well as the objectives and methods used in carrying out the renewal which will then be incorporated into the building of the type of family law reform in a modern Muslim country. If you look at some of the material on family law reform in Brunei, it can be grouped into the type of adaptive intradoctrinal reform, semi-progressive extradoctrinal reform. This is because the majority of reforms were carried out in response to the demands of the times while still applying the majority of provisions in conventional fiqh material, especially Syafi'i. In addition, some provisions come out of the opinion of the fiqh school, namely by carrying out dynamic new ijtihad such as the enactment of iddah for wives who are divorced before intercourse. Therefore, it can be concluded that the method used by Brunei in carrying out family law reforms other than through the context of alternation of schools such as the talfiq and tahyir methods also carries out siyasah syar'iyyah and text reinterpretation with various social analyzes in it.
 
Publisher STAI Darussalam Krempyang Nganjuk
 
Date 2020-01-10
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
Peer-reviewed Article
 
Format application/pdf
 
Identifier https://ejournal.staida-krempyang.ac.id/index.php/pikir/article/view/338
 
Source Jurnal Pikir : Jurnal Studi Pendidikan dan Hukum Islam; Vol 6 No 1 (2020): Studi Pendidikan dan Hukum Islam; 1-18
2502-3233
2442-3955
 
Language eng
 
Relation https://ejournal.staida-krempyang.ac.id/index.php/pikir/article/view/338/225
 
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