HISSI Held Seminar on Inheritance and Shariah Economic
Jakarta | badilag.net
The Association of Shariah Scientist and Scholar of Indonesia (HISSI) held a one day seminar on the oppotunities and challenges of the legislation of material laws of the religious court in the field of inheritance and shariah economic on Thursday (03/15/2012).
As the member of supervisory board, Wahyu Widiana was asked to open the seminar which was held in the auditorium of Prof. Dr. Harun Nasution, State University of Islamic Studies, Ciputat.
“The seminar is held regarding to the 4th anniversary of HISSI.” Wahyu Widiana said in front of the participants of the seminar consisted of the academicians and the practitioners of shariah, include some leaders of religious court and high religious court.
Meanwhile the speakers of the seminar were Prof. Otje Salman, Prof. Rifyal Ka’bah, Prof. Erman Radjagukguk, Prof. Amin Summa, Prof. Vetsal Rifa’i and the former Vice Chief Justice of the Supreme Court, Taufik.
The Rector of State University of Islamic Studies Ciputat, Prof. Komarudin Hidayat, who addressed a keynote speech, expressed his appreciation to the seminar.
“I appreciate, so the religious court is becoming firmer in the state law.” He said. He insisted that the more developed a country, it upholds the law more. The State of Madinah which was established by Rasulullah was the evidence.
Nowadays, according to Prof. Komaruddin, there is “a battle” between the state law and the communal law. And in Indonesian context, Islamic Law belongs to the communal law.
To get out of this situation, according to Prof. Komaruddin, the state could support and accomodate the Islamic Law. On the other hand, the Islamic Law too must be arranged in order to be accomodated.
Minister of Manpower and Transmigration, Muhaimin Iskandar, addressed the second keynote speech. In his speech, the minister who graduated from shariah faculty of Sunan Kalijaga State Institue of Islamic studies explained the role of Shariah scholar in the nation development.
“All the components of the state, include Shariah scholar, have the same opportunity to develop the nation.” The minister said.
Contextualization of Islamic Law
In the first session of the Seminar, the former Vice Chief Justice, Taufik, described how the contextualization of Islamic Law has been applied in Indonesia.
“In my opinion, the women in Indonesia are entitled to half portion of the inheritance like the men, because the women here are working, not like in the ancient Arab.” He said.
According to him, the provision was not in contradiction with the provision stated in Surah al-Nisa of the Quran. “The illat has been different. This is my standpoint. No matter, i think, if you do not agree.” He insisted.
Prof. Otje Salman observed the possibility that Indonesia will have its own inheritance law, beside the Kompilasi Hukum Islam which has a weak position in the Indonesian legal hierarchy.
Such legislation must be done to increase the religiousity of the people. “Because the Quran and Sunnah has regulated them in details, the position of the act was to confirm, and it is administrative one.” He explained.
Meanwhile Prof. Rifyal Ka’bah explained the practice of Shariah economic in various countries especially in settling the dispute in the field of Shariah economic. The paper that he presented was the summary of the comparative study report made by the Supreme Court while composing the Compilation of Shariah Economic Law (KHES).
The paper revealed that the practice of Shariah economic in Malaysia, Pakistan, Egypt, and England has grown fast, even in the regulation aspect, there were not big different with one in Indonesia.
Almost all the countries served as the objects of the comparative study do not have special court handles the Shariah economic dispute.
Beside the seminar, the event was used to signature the Memorandum of Understanding (MoU) between Faculty of Shariah and Law of UIN Ciputat and the Judicial Commission. The Faculty of Shariah and Law was represented by the Dean, Prof. Amin Summa, who was also the Chairman of HISSI and the Judicial Commission was represented by Suparman Marzuki, the commissioner of Judges Supervision and Investigation.
[Mohammad Noor]