The Strategic Role of Local Political Parties in the Legislative Process Qanun for Sharia Financial Institutions in Aceh

Reviewed by: Shari'a and Social Engineering: The Implementation of Islamic Law in Contemporary Aceh, Indonesia by R. Michael Feener Michael Buehler1 R. Michael Feener. Shari'a and Social Engineering: The Implementation of Islamic Law in Contemporary Aceh, Indonesia. Oxford: Oxford University Press, 2013. 335 pp. In his most recent book, Michael Feener calls for a fresh perspective on the adoption of Islamic law in Aceh, Indonesia's westernmost province. Such a new analytical focus is necessary, according to Feener, because the existing literature has a tendency to portray the adoption of shari'a laws in Aceh as the result of a national government plan to bring the province under its control and to suppress support for the Free Aceh Movement. However, the adoption of shari'a laws in Aceh is not politically motivated, Feener argues. Rather, it is primarily driven by a distinct history during which Aceh's religious establishment developed an increasingly instrumentalist view of Islamic law, in combination with a local desire to "remake" Aceh in the aftermath of the Boxing Day tsunami that devastated large parts of the province on December 26, 2004. The dynamics behind the adoption of shari'a laws in Aceh are indicative of a broader shift in the legal discourse surrounding Islamic law and show the need for a reinterpretation of why Islamic law is being adopted within the context of modern nation states. Shari'a law in other countries, too, is increasingly seen in an instrumentalist fashion and understood to stand in the service of "future-oriented agendas for social transformations" (p. xi), which aim at "stimulating and channeling social change in desired directions" (p. 3), according to Feener. In Chapter 2, Feener provides a history of shari'a law in Aceh province and shows how Islamic law has become a defining element of Acehnese identity over time. Feener is particularly interested in examining the discourses that occurred within Acehnese society on how to position itself vis-à-vis "Islam." The first part of the chapter shows how, initially, shari'a law was adopted to bolster the legitimacy of rulers and how, over time, justification for shari'a law has shifted to a discourse about the role of the state in managing religious affairs. Feener then shows in the second part of the chapter how this discourse gave birth to a new "da'wa paradigm" in the latter half of the twentieth century that emphasized the use of Islamic law as a tool for social engineering and how this discourse shaped the formation of the legal system in Aceh province. Chapter 3 shows how the education system in the province has formed present-day views on what role Islamic law ought to play in contemporary Aceh. The education system has not only shaped the definition and understanding of what "Islamic values" are, but has also contributed to the organizational structure of the shari'a regime in the province. Concretely, Feener shows that the campus of the State Institute for Islamic Studies (Institut Agama Islam Negeri, IAIN) "has played a primary role in the design, development, leadership, and day-to-day operations of the state institutions responsible for the implementation of Islamic law under the current Shari'a system" (p. 12). [End Page 147] Another institution that has played a pivotal role in the "shari'a-ization" of Aceh province and in shaping the discourse around it is the Ulama Council. Chapter 4 shows how the Ulama Council had been established by the Indonesian national government in an attempt to curb dissent in the region. Later, the government used the council to propagate the state's "development" programs. Today, the Ulama Council occupies a pivotal role in the discourse on what constitutes "acceptable" forms of Islamic belief and practice in the province and is also a key player in the dissemination of "modern Islamic discourses of social transformation" across Aceh (p. 13). In chapter 5, Feener examines Islamic law in Aceh in its concrete manifestations over time. He shows that much of current Islam-influenced legislation is linked to efforts in the 1960s to introduce such laws in the province, including laws on the consumption of alcohol, gambling, and relations between the...

This study aims to determine the concept of the application of Islamic criminal law in Aceh and to analyze it using the perspective of legal hermeneutics. The research method used is a normative legal research method with statutory approaches (Statute Approach) and case approaches (Case Approach). The study shows that enforcing Islamic criminal law in Aceh is in the context of maintaining the five basic human needs, namely the maintenance of religion, soul, mind, lineage, and property. These five basic needs are necessary for humans. This is determined nothing but to maintain the existence of the five basic human needs, or in other words, the punishments are prescribed solely for the benefit of humans. The current implementation of Islamic law in Aceh is still within the corridor of the trilogy of religious harmony, namely inter-religious harmony, internal religious harmony, and inter-religious harmony with the Government. So if viewed through a hermeneutic lens, Islamic criminal law is basically to achieve harmonious and ideal societal conditions. In implementing Islamic criminal law, the role of all parties is needed, one of which plays an important role is the role of the family. The role is the primary milestone for providing education about Islamic law so as not to become a person who violates Islamic law.

Abstraction
 Aceh is one of the regions in Indonesia that has special autonomy to implement Islamic law. Islamic law in Aceh was officially declared on 1 Muharam 1423 H to coincide with March 15, 2002. The application of Islamic law can be said to have been carried out thoroughly. However, judging from the existing phenomena, it shows that the implementation of Islamic law in Aceh is only limited to symbols that are far from the substance of Islam. In this regard, the author is interested in studying further about the application of Islamic law in Aceh. The method used in this research is literature study. In this study, the authors formulate several problems that will be studied, to produce the following findings: 1) Implementation of Islamic Law in Aceh; 2) Problems in the Implementation of Islamic Law in Aceh; & 3) Community Participation in Enforcing Islamic Law in Aceh.
 Keywords: Optimalization, Islamic Law, Aceh.

The public spotlight through mass media coverage of Islamic law is still happening. Agency France Presse (AFP) is one of the global news agencies whose role is to supply photos to various media around the world, including photos about the implementation of Islamic law in Aceh. In its reporting, AFP tends to perceive the application of Islamic Sharia in Aceh as violating human rights and intolerance of other religions. This research aims to find out how the AFP news agency reports about the implementation of Islamic law in Aceh through the photos they broadcast. This study used a qualitative descriptive method using the Robert N Entman framing analysis theory. The results showed that the content of the photo broadcast by AFP on Islamic law in Aceh defines the problem of caning as one of the implementation of Islamic law as a form of violence that is contrary to the ideology of the international community so that its reporting tends to cause controversy. Likewise in writing its photo captions, AFP emphasizes certain issues by providing repetitions of a problem so that photos related to the application of Islamic law become high news value and are able to attract subscribed overseas media. AFP tends to describe violence and things that give the impression that the application of Islamic law in Aceh violates human rights (HAM). Keywords: Photo Journalism, Islamic Sharia, Mass Media

Aceh is one of the provinces that enjoys special treatment in a number of areas, including the formation of local political parties and the implementation of Islamic Sharia. In Aceh, the execution of Islamic law is inextricably linked to legal politics, both in terms of formulation and design as well as enforcement and implementation. The current legal politics in Aceh, and even back then, cannot be divorced from the history of progress over time, beginning with the old order era and ending with the Reformation. The execution of Islamic law in Aceh did not exist at the time of Indonesian independence until the reformation phase championed by Duad Berueh began to emerge. Starting from the old order, the road of legal politics in the implementation of Islamic law in Aceh has been protracted. During the new order, the reformation period, and finally the Mou Helsinki accord. As a result, the voyage of legal politics in the implementation of Islamic law in Aceh will be described in this paper.

The implementation of Islamic law in Aceh is not only aimed at maintaining social order but also at shaping empathetic character among the community. However, specific aspects related to the development of empathy have not received sufficient attention in previous research, which mostly focused on rule enforcement and sanctions. This study aims to explore the role of Islamic law in fostering an empathetic character in Aceh society. The method used is a descriptive qualitative approach involving in-depth interviews, participatory observations, and document analysis. The results show that the implementation of Islamic law in Aceh is effective not only in maintaining order but also in significantly shaping the empathetic character of the community. Social activities such as zakat and mutual assistance serve as effective means to foster care and solidarity among the people. This study concludes that Islamic law in Aceh has a strong social dimension and can create a more harmonious community that is empathetic and sensitive to the needs of others. The contribution of this study is to provide a deeper understanding of the social dimension of Islamic law, particularly in fostering empathetic character, which has not been widely addressed in previous studies.

The growth of Qanun Jinayah in Aceh is running stagnantly, although the implementation of Islamic Sharia has been implementing for seventeen years. The local government ratified only five qanun Jinayah. In fact, within that time, Aceh Government had imposed 177 qanuns and the crime rate in the region is increasing. Based on the case, this article aims to discuss recent progress of Jinayah law in Aceh and the challenges it faces. Then, using structural-functionalism theory discuss how coordination among sharia institutions worked as part of totality implementation of Islamic law in Aceh. By using qualitative and descriptive-interpretative methods, to examine interpretations and experiences of the subjects, in this case the sharia institutions, including Islamic Sharia Office, the Ulama Consultative Council, Sharia Court, and Sharia police, during their effort to implement Islamic Sharia. And finally, draw conclusion that the growth and development of Jinayah law in Aceh was prolonged because of weak coordination function among the sharia institutions. Therefore, it required a systematic approach based on structural-functionalism theory to encourage coordination between the sharia institutions in supporting the kaffah implementation of Islamic law in Aceh, including its Jinayah law.

The growth of Qanun Jinayah in Aceh is running stagnantly, although the implementation of Islamic Sharia has been implementing for seventeen years. The local government ratified only five qanun Jinayah. In fact, within that time, Aceh Government had imposed 177 qanuns and the crime rate in the region is increasing. Based on the case, this article aims to discuss recent progress of Jinayah law in Aceh and the challenges it faces. Then, using structural-functionalism theory discuss how coordination among sharia institutions worked as part of totality implementation of Islamic law in Aceh. By using qualitative and descriptive-interpretative methods, to examine interpretations and experiences of the subjects, in this case the sharia institutions, including Islamic Sharia Office, the Ulama Consultative Council, Sharia Court, and Sharia police, during their effort to implement Islamic Sharia. And finally, draw conclusion that the growth and development of Jinayah law in Aceh was prolonged because of weak coordination function among the sharia institutions. Therefore, it required a systematic approach based on structural-functionalism theory to encourage coordination between the sharia institutions in supporting the kaffah implementation of Islamic law in Aceh, including its Jinayah law.

The implementation of Islamic law in Aceh over the past two decades has not only reflected the enforcement of Sharia but also illustrated the cultural and political dynamics of Acehnese society. As a region rich in customary law traditions and social pluralism, the response of Acehnese communities, particularly in multicultural border areas, to violations of Islamic law and its existence varies widely. Islamic law in Aceh is often interpreted through the lens of political identity and local culture, while the maqashid sharia values, such as the protection of life, property, and security have yet to be fully integrated into daily practices. This study employs an anthropological approach with qualitative methods. Data collection was conducted through participatory observation, in-depth interviews, and narrative analysis of the experiences and perspectives of local communities. The study focuses on how communities construct, understand, and respond to Sharia as part of their social lives. The findings reveal that border communities in Aceh perceive Islamic law not only as a religious rule but also as a political identity symbol to reinforce their social standing, including in rejecting the construction of non-Muslim places of worship. However, the study also highlights a gap in understanding and applying maqashid sharia, attributed to limited socialization and cross-cultural dialogue. Nevertheless, Islamic law remains respected as a crucial element of the social structure, although its interpretation is often situational and contextual.

After the peaceful agreement signed by the central government with the government of Aceh, special autonomy granted for Aceh and provided additional space for the two governments to improve the relations. Islamic law was fully effected after the assigned of the Law No.22 of 1999 concerning Regional Autonomy and amended by the Law No. 11 of 2006 concerning the Law of the Government of Aceh which provides a legal basis for the Privileges and Application of Islamic Law in Aceh. As an effort to enforce Sharia law, the regional government, besides pouring it into regional regulations or what is called Qanun, also forms institutions that are tasked with ensuring the proper implementation of Islamic Sharia law in Aceh. Through this normative legal research, the research aims to analyze history of the special autonomous status given to Aceh whether it was contradicted to the human rights principle. Since the result showed that there is not violation of human rights in the implementation of Islamic law in Aceh.

This study discusses the influence of the implementation of Islamic law to the changing of school culture in Aceh. The goal is to find out the various aspects related to the cultural change after the implementation of Islamic law in Aceh. Islamic Sharia has been used as an underlying foundation of development policies in various aspects in Aceh. As an integral part of the process of implementing Islamic law, education sector is one of the sectors that plays an important role in Aceh, especially when it comes to cultural change. To explore the issue and to answer the question posed above, a qualitative approach is used. Interview, observations, and document analysis are utilized as data collection methods. Findings during investigation show that the implementation of Islamic Law in Aceh have resulted in a number of school activities which become school culture. This can be observed from school activities related to prayers, dress code (school uniforms), Islamic symbols, school holidays in the month of Ramadan, etc. These are all new to schools in Aceh. Nevertheless, there are also negative school culture that continue to exist such as lack of respect for teachers.

The implementation of Islamic law in this modern age seems to be strange among moslems. It is the caused by most of them are opposed and if it is implemented a scare among the social society perfectly. Besides, they are still not integrated to implement the Islamic law, most of them still have not taken Islam as the path of life yet. So, as if it is not their responsibility to keep it goes along Reviews their life, and Neither to take control and implement it perfectly and truelly in their daily life. This research is Aimed to upgrade the knowledge and understanding of public society that implementation of Islamic law. Perfectly is Necessary to Anticipate the problems in this modern age. The local policy is getting reduce by coming the modern culture. As a sample, Achehnese most of the teenagers who live in urban can not understand to communicate by using Achehnese language well and most of the attitude of Achehnese is getting dissappear from their ancestor inheritance. There are many manuscripts about Achehnese culture in meseum and dayah (Traditional Islamic boarding school) Described roomates Achehnese the culture of the which is bordered by Islamic values. Base on the previous statements, the goverment of Aceh is expected to apply the Islamic law in Aceh perfectly among all society.

Implementation of Islamic law in Aceh is inseparable from its historical context in the history of Islam. Struggle of ideas between religion and state, the influence of the power system and outside the Islamic tradition and social conditions into one format forming Islamic law itself. In addition, the existence of a mujtahid in the struggle also gives an important role. This article will explore specifically about the existence of a mujtahid and their intellectual genealogy in dynasty in Asia, especially the Ottoman and Mughal. This study aims to describe the trip codification of Islamic law in some Muslim region. By doing so, there is the exposure of the expected phases of the codification of Islamic law that can be used as input in the process of implementation of Islamic law in Aceh.
 
 Kata kunci: syariat Islam, tipologi, geneologi mujitahid

The implementation of the Islamic Law in Aceh received recognition from the Government of Indonesia since 1959 based on the Decree of the Deputy Prime Minister of the Republic of Indonesia No. 1 / Missi / 1959. Since then until the enactment of the BAL in 2006, several aspects of national law have become different in Aceh. This then sparked controversy, especially regarding the position of Non-Muslims and religious freedom. This article tries to explain how the application of Islamic Law in Aceh in relation to the Non-Muslim population and its solution. The study found that the relationship between Muslims and Non-Muslims in Aceh, especially in the social aspects of society, took place harmoniously. The application of Islamic Law in Aceh only applies to Muslims and there is no coercion for Non-Muslims. In this case, according to the author, it also offers the concept of "Conducted by Waliya Dien" in addressing religious plurality in Aceh, and the attitude of making Pancasila as "Kalimatun Sawa’ in the corridors of living in a state.

After the peaceful agreement signed by the Indonesian government with the government of Aceh, special autonomy was granted for Aceh and provided additional space for the two governments to improve the relations. Islamic law was fully effected after the assignment of Law No. 22 of 1999 concerning Regional Autonomy and amended by Law No. 11 of 2006 concerning the Law of the Government of Aceh, which provides a legal basis for the Privileges and Application of Islamic Law in Aceh. This research aims at analyzing the history and current existence of Islamic law in Indonesia and its contradiction with human rights. As an effort to enforce Sharia law, the regional government, besides pouring it into regional regulations or what is called Qanun, also forms institutions tasked with ensuring the proper implementation of Islamic Sharia law in Aceh. The research used normative legal research with a statute approach. The data are taken from secondary data. The results found that there were no human rights violations in applying Islamic law in Aceh.