Studi Kajian Pembaharuan Hukum Keluarga Islam di Syria dan Turki

Abstract

Each country has its own constitution and legal system in governing the country and its people. Countries where the majority of the population is Muslim have started to carry out various reforms to their respective country's legal systems, both in criminal law and civil law. In addition, the focus of this renewal is family law which regulates munakahah matters, such as: age of marriage, engagement, polygamy, divorce, khulu', wills and inheritance. The research in this article is a qualitative research using the literature study method. The approach used in this study is a historical approach and a comparative approach. The source of the data in this study is the official website of the Syrian government which contains articles of Syrian family law. Other sources are books and relevant scientific journals. The purpose of this research is to find out the articles that regulate family law in Syria. In addition, this research also aims to determine the basis or foundation of family law in Syria and Turkey. The research in this article finds that in general, family law in Syria follows the Hanafi school of thought, which is the official school of thought in Syria. To refine and change it in a more perfect direction, family law in Syria was amended in 1975. As a pioneer in reforming Islamic family law, Turkey is a secular country. Turkish family law renewal materials are influenced by Turkey's encounter with Western ideas. the collapse of the Ottoman Empire and the progress that has been achieved by Western European countries has more or less influenced the renewal of family law in Turkey. Turkey has reformed its family law in the field of Islamic marriage (Fiqh Munakahat) and the field of Islamic inheritance law (Fiqh Mawaris). These family law materials conflict with traditional Islamic family law. It is influenced by new Western ideas adopted by Turkey such as rationalism, nationalism and democracy.