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Case Law as an Authoritative Source of Customary Law: Piecemeal Recording of (Living) Customary Law?
Potchefstroom Electronic Law Journal, 2019 This contribution deals with the question of whether a judgment from a mainstream court dealing with customary law can be regarded as authority and thus as a recording of a customary rule or rules.
Christa Rautenbach
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Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam, 2023 The difference between Islamic law and Western law in viewing customary law is the core problem that forms the background of this research. This article aims to explore in-depth Customary Law from the perspectives of Hazairin and Cornelis Van Vollenhoven
Ilham Tohari +2 more
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Pembagian Waris Menurut Perspektif Hukum Islam Dan Adat Jawa
El-Bait, 2023 Indonesia is a country that does not adhere to Islamic teachings in terms of law; in terms of inheritance itself, Indonesia adheres to three applicable laws, namely, inheritance law according to Islam, civil inheritance law originating from the Civil ...
Alfin
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Recording Customs in Early Modern Antwerp, a Commercial Metropolis [PDF]
Rechtsgeschichte - Legal History, 2016 This article questions whether early modern compilations of customary law retained their customary nature after being recorded in the Low Countries by learned jurists and within the framework of a procedure designed and controlled by a central ...
Bram Van Hofstraeten
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Sharia-Based Customs in Unregistered Marriage Rules (Case Study in Rambatan Village, West Sumatra)
Al-Istinbath: Jurnal Hukum Islam, 2022 This study focuses on the factors causing the birth of customary rules, then forms of customary sanctions, and the implementation of customary rules, as well as analyzes the dynamics of implementing customary rules against unregistered marriages in the ...
Muhammad Khalilurrahman +2 more
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Customs as sources of international space law [PDF]
Anali Pravnog Fakulteta u Beogradu, 2018 The article consists of two basic works. The first one gives a very brief overview of the customary rules as one of the most important sources of international law.
Krivokapić Boris
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Tinjauan Kehujahan ‘Urf Terhadap Ijab Qabul dalam Perspektif Hukum Islam
Al-Fikru, 2022 One of the influences of customary tradition ('urf) in society is the matter of having to continue the ijab qabul lafaz in one breath. This started from the interpretation of ancient religious leaders and society in interpreting the opinion of one ...
Azni Azni +3 more
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Jurnal Konstitusi, 2022 The constitution states that as long as the customary law community unit and its traditional rights are still alive and in accordance with the development of society and the principles of the unitary state of the Republic of Indonesia, the state ...
Andi Melantik Rompegading +1 more
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Revitalization of Customary Law as a Source of Law in Building a Legal System in Indonesia
QISTINA: Jurnal Multidisiplin Indonesia, 2023 In this research, data and information will be collected in an interdisciplinary and multidisciplinary manner and involve different sectors. The collected data and information will be analyzed in an in-depth normative juridical way to obtain a comprehensive understanding of customary law.
Jeane Neltje Saly +3 more
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Revitalizing Customary Law as a Source of Law in Building the Indonesian Legal System
AT-TAFAHUM: Journal of Law, 2021 The neglect of customary law as a source of law in Indonesia is partly due to the assumption that customary law is very traditional and cannot accommodate modern developments (globalization and technology). This study examines which areas of customary law are still relevant in addressing the problems faced by the Indonesian nation in the era of ...
Wahida Ariyanti Nasution, Luthfi Daulay
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