Pembaharuan Hukum Keluarga Di Tunisia Dan Libya

Abstract

Currently there is a phenomenon of "assimilation" between Islamic law and positive law in Muslim countries. Such as the legislation of Islamic law as national law, this phenomenon occurs a lot in Muslim countries, which have long implemented the western legal system. The aspiration to implement Islamic law as national law is very strong, so that with the strategy of legislating Islamic legal material in the form of legal drafting into a bill to be stipulated as statutory law can occur. The renewal of Islamic family law in Muslim countries has continued to develop since the beginning of the 20th century, especially regarding marriage, divorce and inheritance. The country of Tunisia became fully independent on March 20, 1956 with the first President Habib Bourgubia, a French law graduate, who issued controversial regulations called Personal Status Code to replace the laws of the Qur'an in the field of marriage, divorce and hadhanah. This order not only opposes some traditional Muslim practices but also expresses a confrontation with them. Libya is a former Ottoman Turkish territory located in North Africa. Libya became an independent country in December 1951. With its central figure, Muammar Qaddafi is one of thea visionary Muslim leader with various policies, which brought down the regime of King Idris and Qadaffi who ruled for approximately 42 years. On December 11, 1969 Libya ratified its Constitution which stated that Islam is the official religion of the state. The state protects religious freedom in accordance with agreed customs. The Declaration of the Establishment of the People's Authority was issued in March 1977, Article 2 states that the Qur'an is the Constitution of Libya with the Maliki school of thought