ENGLISH

FOURTH LECTURE

By:
PROF. DR. TAJULARIFIN, MA
(Professor at The Faculty of Shari’ah and Law, UIN Sunan
Gunung Djati Bandung, E-mail: tajularifin64@uinsgd.ac.id/
tajularifinn64@gmail.com; WA: 08179220810)

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 UNIT TWO
1. Read and Translate the Text into Indonesian
THE SOURCES OF LAW
Generally, laws are identifiable by the fact that they take a form, which distinguishes
them from those social conventions. Their form tells us that they are derived from
an “institutional” source that is socially recognized as having the power to create
law. Only laws so created can be said to be legally binding upon the individual, or
even upon the state itself.
In Indonesian law especially law applied in the Islamic Judiciary there are six main
institutional sources which we shall consider: (1) the Qur’an, (2) the Sunnah, (3)
Ijma` (consensus), (4) Parliament, (5) the Courts, and (6) Custom.

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The Qur’an is the sacred book of the Islamic faith, containing the collection of
revelations made by Allah to His Prophet Muhammad (p.u.h.) in the early part of the
7th century A.D./1st century A.H. It is made up of 30 juz (sections), 114 surah
(chapters), 6.236 ayah (verses), 74.437 kalimah (sentences), and 325.345 hurf
(characters). It is on this that is founded the Islamic code of conduct both towards
Allah and to one’s fellow man. The Qur’an is considered the main source of Islamic
law. Yet, there are no more than 200 verses concerned with what we would term
“law” in the western sense. For the Sunni majority at least, the Qur’an provided a
limited modification of the existing Arabian customary law rather than an entirely
new system of law. Only the law of succession which was perhaps the most radical
change from the pre-Islamic tribal laws of Arabia imposed by Islam, receives
anything like a detailed treatment, and institutions which one would point to as
characteristic of Islamic jurisprudence such as waqf (religious endowments of
property) are not even mentioned in the Qur’an.

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The Sunnah or practice of the Prophet Muhammad (p.u.h.) is the second source
after the Qur’an. This includes the exemplary conduct, speeches and proofs of the
Prophet Muhammad (p.u.h.). As the medium --the human medium-- through which
the divine law was revealed, he was the one best qualified to explain the meaning of
the Qur’an and to decide problems not directly covered by the Qur’anic texts, of
which there were many. In the classical theory, the sayings of the Prophet are
infallible. But like the Qur’an, these sayings provide nothing like a comprehensive
legal regime; like the Qur’an they appear ad hoc to meet specific problems
presented to the Prophet for solution.

Ijma` (consensus) in the classical theory is the agreement of the qualified legal
scholars of a given generation, and such agreement is deemed infallible. In a sense,
ijma` is the most important source of law for only those interpretations of the
Qur’an and the Sunnah which are ratified by the ijma` are authoritative, and the
interpretation put into them by ijma` is definitive. A saying of the Prophet is related
that “my community will never agree on an error”. Once an ijma` is reached on a
matter it cannot in practical terms be dissented from or changed.

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Parliament is significant for three reasons. First, it is the originator of what is
probably the single most important modern source of law, that is, statute law.
Secondly, through its legislative powers, Parliament is able to give law-making
powers to other bodies, such as local councils and Government departments. This
results in a form of law that is referred to as delegated, or secondary legislation.
Thirdly, Parliament’s delegation powers are being increasingly used to create sets of
informal rules, which operate within the framework of formal rules created by
statute. A statute law is a document, which contains laws made by Parliament.
The courts are not only important as interpreters of legislation, but they are also the
fertile source for the development of the Common Law. The term of “Common Law”
is used to describe all those rules of law that have evolved through court cases as
opposed to those which have emerged from Parliament such as the Law of Marriage
1974. Despite the growth of statute, Indonesian Law is still generally understood in
Common Law terms. By this, we mean that the way in which we think about law,
and categories laws, is till heavily influenced by Common Law forms of action which
determine what types of problem we now call “contract”, “tort”, etc.

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Before the advent of Islam in the twelfth century no common family law was
followed in Indonesia. In each of the islands, people had their own customs and
usages. The concept of a uniform law was foreign to them. Their local customs
represented “norms of social behavior of small isolated communities”. Islam came
as unifying factor in the social life on the islands. The Indonesians then came to
know of Islamic family law, which conflicted, with many of their ancient customary
practices. The latter were, however, so deeply rooted in the Indonesian society that
an overnight switch on the Islamic institutions was not possible. In the course of
time Islamic family law, mainly of the Syafi`i school, replaced customs and usage in
various parts of Indonesia. Nevertheless, some customs and usage survived and still
continue to have the force of law. These are now described, in contradistinction with
Islamic principles, as the adat. Therefore, Indonesia came to have an admixture of
Islamic legal concepts and local customs, which are not in contradiction with the
Islamic values. (Main source: Keith Hodkinson, (1984), Muslim Family Law: A
Sourcebook, Croom Helm, London, pp. 2-5).

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 New Vocabulary
New Vocabulary Meaning
Admixture Campuran, adonan (kb)
Advent Kedatangan, datangnya (kb)
Binding Jilid (an), pinggir (kb); mengikat (ks)
Court Pengadilan, halaman, lapangan, istana (kb)
Dissent Perbedaan pendapat (kb); tidak setuju, menolak (kki)
Endowments Sumbangan, sokongan (kb)
Infallible Sempurna, mutlak (ks)
Islamic Judiciary Pengadilan Agama
Originator Pemula (kb)
Overnight Bermalam (kk/ks)
Ratify Mensahkan, meratifikasi (kkt)
Revelations Wahyu, pembukaan rahasia (kb)
Statute Law Undang-undang (kb)
Succession Warisan, rangkaian, penggantian, beriring-iringan (kb)
 Uniform Sama, seragam (ks); pakaian seragam (kb)

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3. Reading Comprehension: Answer the following questions based on
the reading and translate your answer into Indonesian

No Question & Answer

1 By referring to the reading, write down a comprehensive definition for the
institutional sources of law!
_____________________________________________________
_____________________________________________________

2 Considering the source of law, what are the differences between law applied in
the Islamic Court and in the Court of First Instance?
_____________________________________________________
_____________________________________________________

3 What is the Holy Qur’an? Explain the content of it!

_____________________________________________________

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4 What are the functions of the Sunnah for the Holy Qur’an?
_________________________________________________
_________________________________________________

5 Why the existence of a Parliament is important in relation to law?

_________________________________________________
_________________________________________________

6 Translate the passage into good Indonesian in a separate paper!

_________________________________________________
_________________________________________________

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4. Grammar: Adjective
An adjective modifies a noun or a pronoun by describing, identifying, or
quantifying words. An adjective usually precedes the noun or the pronoun, which it
modifies.
In the following examples, the highlighted words are adjectives:
The truck-shaped balloon floated over the treetops.
Mrs. Morrison papered her kitchen walls with hideous wallpaper.
The small boat foundered on the wine dark sea.
The coalmines are dark and dank.
Many stores have already begun to play irritating Christmas music.
A battered music box sat on the mahogany sideboard.
The back room was filed with large, yellow rain boots.
An adjective can be modified by an adverb, or by a phrase or clause functioning
as an adverb. In the sentence
My husband knits intricately patterned mittens.
for example, the adverb ``intricately'' modifies the adjective ``patterned.''
Some nouns, many pronouns, and many participle phrases can also act as
adjectives. In the sentence
Eleanor listened to the muffled sounds of the radio hidden under her pillow.
for example, both highlighted adjectives are past participles.
Grammarians also consider articles (``the,'' ``a,'' ``an'') to be adjectives.
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Possessive Adjectives
A possessive adjective (``my,'' ``your,'' ``his,'' ``her,'' ``its,'' ``our,'' ``their'') is
similar or identical to a possessive pronoun; however, it is used as an adjective
and modifies a noun or a noun phrase, as in the following sentences:
I can't complete my assignment because I don't have the textbook.
In this sentence, the possessive adjective ``my'' modifies ``assignment'' and the
noun phrase ``my assignment'' functions as an object. Note that the possessive
pronoun form ``mine'' is not used to modify a noun or noun phrase.
What is your phone number?
Here the possessive adjective ``your'' is used to modify the noun phrase ``phone
number''; the entire noun phrase ``your phone number'' is a subject complement
. Note that the possessive pronoun form ``yours'' is not used to modify a noun or a
noun phrase.

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The bakery sold his favorite type of bread.
In this example, the possessive adjective ``his'' modifies the noun phrase ``favorite
type of bread'' and the entire noun phrase ``his favorite type of bread'' is the
direct object of the verb ``sold.''
After many years, she returned to her homeland.
Here the possessive adjective ``her'' modifies the noun ``homeland'' and the noun
phrase ``her homeland'' is the object of the preposition ``to.'' Note also that the
form ``hers'' is not used to modify nouns or noun phrases.
We have lost our way in this wood.
In this sentence, the possessive adjective ``our'' modifies ``way'' and the noun
phrase ``our way'' is the direct object of the compound verb ``have lost''. Note
that the possessive pronoun form ``ours'' is not used to modify nouns or noun
phrases.

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In many fairy tales, children are neglected by their parents.
Here the possessive adjective ``their'' modifies ``parents'' and the noun phrase
``their parents'' is the object of the preposition ``by.'' Note that the possessive
pronoun form ``theirs'' is not used to modify nouns or noun phrases.
The cat chased its ball down the stairs and into the backyard.
In this sentence, the possessive adjective ``its'' modifies ``ball'' and the noun
phrase ``its ball'' is the object of the verb ``chased.'' Note that ``its'' is the
possessive adjective and ``it's'' is a contraction for ``it is.''
 
Demonstrative Adjectives
The demonstrative adjectives ``this,'' ``these,'' ``that,'' ``those,'' and ``what''
are identical to the demonstrative pronouns, but are used as adjectives to
modify nouns or noun phrases, as in the following sentences:
When the librarian tripped over that cord, she dropped a pile of books.

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In this sentence, the demonstrative adjective ``that'' modifies the noun ``cord'' and
the noun phrase ``that cord'' is the object of the preposition ``over.''
This apartment needs to be fumigated.
Here ``this'' modifies ``apartment'' and the noun phrase ``this apartment'' is the
subject of the sentence.
Even though my friend preferred those plates, I bought these.
In the subordinate clause, ``those'' modifies ``plates'' and the noun phrase
``those plates'' is the object of the verb ``preferred.'' In the independent clause,
``these'' is the direct object of the verb ``bought.''
Note that the relationship between a demonstrative adjective and a demonstrative
pronoun is similar to the relationship between a possessive adjective and a
possessive pronoun, or to that between an interrogative adjective and an
interrogative pronoun.

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Interrogative Adjectives
An interrogative adjective (``which'' or ``what'') is like an interrogative
pronoun, except that it modifies a noun or noun phrase rather than standing on its
own (see also demonstrative adjectives and possessive adjectives):
Which plants should be watered twice a week?
Like other adjectives, ``which'' can be used to modify a noun or a noun phrase. In
this example, ``which'' modifies ``plants'' and the noun phrase ``, which paints is
the subject of the compound verb, should be watered'':
What book are you reading?
In this sentence, ``what'' modifies ``book'' and the noun phrase ``what book'' is the
direct object of the compound verb ``are reading.''

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Indefinite Adjectives
An indefinite adjective is similar to an indefinite pronoun, except that it
modifies a noun, pronoun, or noun phrase, as in the following sentences:
Many people believe that corporations are under-taxed.
The indefinite adjective ``many'' modifies the noun ``people'' and the noun phrase
``many people'' is the subject of the sentence.
I will send you any mail that arrives after you have moved to Sudbury.
The indefinite adjective ``any'' modifies the noun ``mail'' and the noun phrase
``any mail'' is the direct object of the compound verb ``will send.''
They found a few goldfish floating belly up in the swan pound.
In this example the indefinite adjective modifies the noun ``goldfish'' and the noun
phrase is the direct object of the verb ``found'':
The title of Kelly's favorite game is ``All dogs go to heaven.''
Here the indefinite pronoun ``all'' modifies ``dogs'' and the full title is a subject
complement.

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 Wassalamu’alaikum w.w.
Thank you for your attention

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