| dc.description.abstract | The Islamic Court was formed based on Government State Gezzete 1882 Number 152 Junto of 1937 Number 116 and 610. in the Independence era based on law No 1, 1974 about Marriage and Government Regulation No. 9, 1975, the state has give authority to Islamic Court to settle everything related with legal family for moslems. Then based law Number 7 1989 about Islamic Court, the existence of Islamic Court Institution become one of Judicial Affairs institution beside of the other one. Based on this latest law, Islamic Court has duty to try and to settle Moslems matter in the field of marriage, inherritance, bequest, testament, charity, according to Islamic Law.
The objective of this research aimed to know the reason of the realization of Islamic legal reform and factor of that influence it, and to know how far is the regulation of law's rule that become the Islamic Court autoyity in the reformation, and how the judge's rule of Islamic Court in implementing Islamic legal reformation in making their decision for every cases. And to know to explain how far is acceptance of the public to Islamic legal reformation either through regulation of the law that become the authority of Islamic Court or every judge's stipulation of the cases.
Islamic legal reformation is an investigation of empirical and normative law, aim to know the values in the clasiccal fiqh books whether it is still relevant to be used as a legal argumentation to solve every problems happened recently. Is the law regulation that related to Islamic legal reformation was appropiate with the aspiration of the law and people justice, is the Islamic court judge's judgement was appropiate to people justice. The normative investigation method was implemented by probing the material of some literatures as a sekunder data. While the investigation of legal empiric as a primary data namely a direct data which was obtained from the field. The result of the investigation will be recommended to the authority in determining legal policy becoming their alternative settlement of some problems in Islamic legal reformation in Indonesia, and can become as one of the source or material in formutanig national law.
The result of this examination shows that it was true has happened Islamic legal reformation because of the transitional of situation and condition and place and time too. The factors that caused the transitional because of the fight values was not sufficient anymore in settling some of legal accidents appeared at the recent time, the influence of economic globalization and technical knowledge, the influence of the mind of Islamic legal reformation was carried out by reform figures either national or international level.
That was true, that the regulation of law that become the authority of religious court institution and the judge's judgment of religious court has taken part activity in Islamic legal reformation in Indonesia. Even in the using of this mashlahah theory wasn't discriminated between the mashlahah of muktabarah, the mashlahah of mulghah and mashlahah mursalah. It was implemented because of refusing mafsadah and getting the benefit in the pluralistic human life that should be carried out to create quite and peaceful society.
In suggesting to the authority in formulating and applicating of the law, either religious or from government institution should be careful in implementing Islamic legal reformation, don't be trapped to the determination of legal secular by excusing for the human benefit and wasn't trapped to the religious service matter because this determination has already stipulated its law by god certainly. In numbering of Islamic legal reformation, the deeply investigation need to be implemented against legal case by involving all related parties. | en_US |
