Hunafa: Jurnal Studia Islamika

209-229

Authors: Rusli

This paper deals with the hermeneutical reading of divorce (Ṭalāq), one of the sensitive issues in Islamic family law. It is concluded that the existence of Islamic law of divorce is not to denigrate women; however, it is to give respons to the injustice suffered by women by giving regulations that are more friendly to women. The regulations of the Quran on the subject of divorce are designed to restrict the practice which had prevailed among the Arabs that they are free to divorce his wife at any time without any reason, and remarry her in unlimited ways. This is indicated that Islam stipulates that divorce is two times: then one may retain with goodness (and reasonable terms), or let go with goodness and reasonable terms. If divorce occurs, a divorced woman should the prescribed period (‘iddah) and financial consideration (mut‘at al-Ṭalāq).

253-279

Authors: Nur Rohim Yunus

The application of sharia in Indonesia has a strong historical roots, even predates the history of European law itself. So if there is a desire of some parties to implement it, it is not something fabricated or new demands are groundless,but already has a strong historical roots with the age of the nation.Therefore, the national law system opens opportunity to adopt islamic shariat becoming national law, like what had been implemented, zakat constitution, marriage, and so forth. In other hand, it opens an opportunity to the local government to implement the islamic shariat for local constitution and it can implement to the local society interest.

307-330

Authors: A. Markarma Yusup

Discussing the controversy of contemporary Islamic law on abortion, especially under four months of pregnancy, it is always interesting to be discussed. Especially if it is associated with the medical science, the law enforcement and human rights. The law seems to be difficult to touch this matter, then it is compounded with suspected of hiding the practice of abortion in the name of health care. Regardless of the question of whether abortion do so on the basis of health considerations alone or indeed do so on the basis of other reasons, but nonetheless deaths from abortion is very worrying. Abortion was close relation to human rights on the one hand because every woman is entitled to her live a healthy reproductive life, but on the other side of the fetus in the mother's womb are also entitled to live and thrive. Two of these are reaping the benefit of debate among scholars. Some scholars allow and forbid others to submit their respective arguments

357-375

Authors: Sakirman

The classical scholars of jurisprudence agreed that nasab child has only nasab relationship to his parents, nasab determination is one of the most important rights of a child and is something that a lot of impact on the child's personality and future. Fiqh scholars say that the concept nasab is one solid foundation in building a domestic life that can bind between individuals based on the unity of blood. In Indonesia Islamic law, the problem of the origin of the child, there are several different legal provisions. It is influenced by a plurality of the nation, especially in terms of religion and customs, the applicable law is varied. There are laws, ie Islamic law (fiqh) formulated in a fixed rule the Islamic Law Compilation (KHI).