When someone dead, there are two things related to heiress, the testament and debt. Pay the debt is obligated before the heiress divide by the join heirs. The testament consist of testament which given to someone except the join heirs, meanwhile the testament wajibah is given to child by adoption who does not receive the testament also to grand child whom parents dead quick or same with testament. Both of concepts has the law, requirements and problems which often face in social life with different condition

Status of the unregistered marriages in social life is assumed as the unwritten marriages in Nation. Meanwhile, it is legal in Islamic perspective although it not written in Religion Office based on constitution. The problem effect of Unregistered Marriages based on constitution No 23, 2006 is the kid can not receive their personal identity right, document of born, document of marriages, card of family, card of nationality. In Islamic law, the marriages law is one of the aspect which more applied by most of Muslim in the word compared the muamalah. The marriages is the fundamental aspect or mitsaan galidan assumed legal if the requirements fulfilled based on al-Qur’an and Hadits. Scholars explained the requirements of marriages are candidate of husband, and wife, guardian of marriages, two witnesses, take and give (Ijab and qabul). The constitution No 1, 1947 chapter 2 verse (1) said that Marriages is legal if it done based on the Law of each religion and it trust.

The term of gender became popular until now, it had been caused by critic to the policy in any Europe Countries such as the policy of problem which happen in employ. It to be different between male and female in job. Meanwhile, Islam ranges Female. In this paper, researcher use the theory of gender to see how Islam range female. Event tough Islamic and Positive Low had ranged details, however many females to be object or subordinat in any situation compared males, finally fameless more violent. So, in this situation, researches think the problem is very important to solve, females not only object of violent but they have fitrah (basic right) to be respected. Hopefully, the term of gender must be understanded clearly and done rightly, so there is not conflict caused by misunderstanding about gender

One of the interest point to study is how the positive low guarantee the right of family’s low. This paper talk about some problems about the implementation of guarantee right primarly the low of family, Right should see the equal and same in family and social life as the important problem must be solved. As principle of marriages in The constitution No.1, 1974 chapter 31 clearly said that position between Husband and wife is same, it can be running in family and social life. Husband as the a leader of family meanwhile wife as a housewife, they has the right to be the subject in low. The other bill range clearly about caring The Kid’s Right, it explains that the Kid must be cared and teach until they married or the live independent although their parents divorced. The Kids who is not 18 years old or never married, they are still under parents caring as long as the power is canceled yet. In this term, Parents have the right to vice their kids in all of low’s activities out and in the justice. Event though, parents are canceled their power however they have to give the budget’s caring to their kids

In the social life, there is circulation life which change quickly and slowly, so the system of law in Indonesia should be adjusted unnamed conservative. To answer that challenge, needed the social engineering in the social life to fulfill their goals. Social engineering presented to solve problem in social life. Principle, fungtion of the low to be able to change the symbol or method in social life, it can make the habitual become strong or more loyalited and may be the other habitual which happen in social life. That condition, such as deleted the habitual which not match to social need or create new habitual which though more benefit and kindness than before. Refer to the dynamic social circulation, the changing is a necessary. In this term, fungtion of the low must be maximalized for justice and peace, it is mean to social wealth

Marriages is a basic right of every body who want to make good and quality family. The term of marriages in nationality or positive law administrative namely marriages registered and unregistered. Today, the marriages unregistered is one of the debatable issues because it assumed illegal marriages. In this paper, writer compared the concept of Islamic and Positive Law toward the Unregistered Marriages. Positively, unregistered marriages is assumed that illegal or not written by Marriage Writer although it become legal based on Islamic Concept. This problem has to concern by every one because it will influence to Kid and Wife’s right. Meanwhile, in Islamic Concept does not know about the Registered Marriages because the marriages is assumed legal if the requirements are fulfilled

Human is to depend on the law; which it created by human self or God’s firmness. The law is understand as the instrument control of human attitude to range between person and others, environment, their leader, nation, and God, even tough the property. In this context, the writer try to analyze the concept of epistemology and principle formulation of Islamic law, those, writer use library approach. Result of analyze shows that, Islamic Law in philosophy subjectively and it resource from value in Islamic concept. Meanwhile, in the side formulation law, Islamic law has the religion habitual in which the judge can take it to policy the problems as the low in social life. In this terms, it based on the theory in Islam such as ; tauhid, judgment, amar makruf nahi mungkar, equal, at-ta’wun, and tolerance. Finally, Islamic Low can be resource of Positive Low which it to policy the problems in social life

The Islamic Law not only the low which realize in religious context, but also it become the resource law in constitution partly or generally. In civil law it is still particularly and generally, meanwhile in criminal law it does not concern seriously. Although, there are many problems which need to solve with the new innovative low especially in criminal, so the resource of law must be already to create peace and good manners. In this paper, writer use the juridical historical approach, which study about how propagation of Islamic Law as the resource of criminal law (jinayah), and how it gives idea and concept which make criminal law in Indonesia more propagate. Finally, it so helpful to criminal law in Indonesia