Friday 21 February 2014

Islamic Courts

Religious Courts established only for the Religion of Islam alone , Justice formed to resolve civil problems for Muslim society , msalnya divorce . includes :

1 . Religious Court ( PA )
Resolve the legal issues at district / city level .

2 . Religious High Court
Resolving the problem " appeal " civil matters at the provincial level .
The main duties and functions of the Religious Courts are as follows :
Main Tasks Religious Courts :
Religious Court duty and authority to hear cases under the authority of religious courts in the First level . As stipulated in Law No. 7 of 1989 jo . Law No. 3 of 2006 , on the Amendment Act No. 7 of 1989 on the Religious Courts concerning matters :
a. marriage ;
b . Inheritance ;
c . probate ;
d . grant ;
e . Endowments ;
f . zakat ;
g . infaq ;
h . Sadaqah ; and
i . Economic Shariah .

In addition to these powers , Article 52A of Law No. 3 of 2006 states that " the Court of religion gives istbat rukyat hilal testimony in determining the beginning of the month in the year AH " . A complete description of Article 52A reads: " During the religious court was asked by the Minister of Religious Affairs to provide a determination ( ithbat ) the testimony of people who have seen or witnessed the new moon each month at the beginning of entering the month of Ramadan and Shawwal month of the Hijri year in order to issue a determination of the Minister of Religious Affairs in nationally for the determination of one (1) Ramadan and 1 ( one ) of Shawwal . Religious Court may provide information or advice on the differences of determining the Qibla direction and timing shalat.Di addition , in the explanation of Act No. 3 of 2006 also granted authority to the PA for Adoption in accordance with the provisions of Islamic law .

Functions of the Religious

To carry out tasks - basic tasks such as religious court has the following functions :

  1. Passing function ( judicial power ) , which examine and adjudicate matters under the authority of religious courts in each jurisdiction ; ( vide Article 49 of Law - Law No. . 7 1989 jo . Law - Law No. . 3, 2006 ) ;
  2. Oversight functions , namely conduct supervision over the execution of tasks and behavior Judge , Registrar / Secretary , and the entire staff (see : Article 53 paragraph ( 1 ) Act - Act No. . 7 1989 jo . Act - Act No. . 3, 2006 ) ; As well as the implementation of public administration . ( vide : Act - Act No. . 4 of 2004 on Judicial Power ) . Supervision is carried out periodically by the Supervisory Judge Field ;
  3. Development function , which provides direction , guidance and instructions to staff, both technical tasks involving judicial , administration of justice and public administration . (see : Article 53 paragraph ( 3 ) of Law No. 7 of 1989 jo . Law No. 3 of 2006 ) ;
  4. Administrative functions , namely to provide administrative services to the court reporting court of first instance as well as the seizure and execution , appeals , cassation and review of the administration of justice as well as others . And provide general administrative services to all elements within the religious court ( Field Officer, Finance and Public Sector ) ;
  5. Advice function , namely to provide information , advice on legal considerations and Islam in government agencies in their jurisdiction , if requested , as provided for in Article 52 paragraph ( 1 ) of Law No. 7 of 1989 on Religious Courts ;
  6. Other functions , such as service to legal education , research and research as well as llain forth , as set out in the Chairman of the Supreme Court . Number : KMA/004/SK/II/1991 ;

So little discussion of the religious court , which may be useful for reading .

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