Implementation Of Islamic Law Research Articles

Islamic Sharia Between Aceh And The Middle East

Islamic Sharia in its implementation in Aceh and the Middle East is full of issues that hinder its implementation. Human rights issues are one form of obstacles and contradictions that are often faced in the implementation of Islamic law in Aceh and the Middle East. In this article, we analyze how Islamic Sharia is implemented in Aceh and the Middle East as well as the obstacles and contradictions faced by the governments of Aceh and the Middle East. The research method used to analyze the problem is using qualitative descriptions with library research data collection techniques. The results obtained from data analysis are that Aceh implemented the Qanun Jinayat which was structured in such a way that there were no elements that would undermine human rights (HAM). In this case, everything has been prepared in law and Qanun Jinayat with the aim of maintaining and respecting human values in Aceh so that the people in Aceh are not oppressed, and in successful implementation it is important to involve Aceh traditional institutions. Meanwhile, in the Middle East, the application of Islamic law is the main basis for establishing law. This is because the Koran and Hadith are the highest law in the Middle East or in other words the law of heaven.

Palestinian Independence and Religious Extremism: Using the Palestinian Issue as a Khilafah Islamiyah Propaganda Tool on Instagram

Israel's attack on the Gaza area has become a major human rights issue that has attracted public attention. The genocide, which began on October 7, 2023, has claimed thousands of innocent lives. All Muslims in the world sympathize with the disaster that occurred in Palestine. However, this sympathy is vulnerable to being infiltrated by religious radicalism movements, especially those related to opinions spread on social media. Therefore, this research focuses on looking at these potentials. This research is empirical research using netnographic data collection by the hashtag #khilafah on Instagram. Based on this search, an account was found with the name @bultendakwahkaffah, which is an Instagram account for online bulletins spreading propaganda for the Khilafah Islamiyah movement. The propaganda spread by this account revolves around the implementation of an Islamic caliphate, which can guarantee the implementation of Palestinian independence. The form of Khilafah Islamyah as a representation of the unity of the Muslim ummah will liberate Palestine from Israeli colonialism, relying on the unity of all Muslims in the world and the implementation of Islamic law. The author also found that the account in question was affiliated with the ideologies of the Hizbut Tahrir organization, which was disbanded by the government in 2017. The Palestinian issue, which is full of humanity, really attracts the sympathy of the wider community. By hiding behind humanitarian issues, it is feared that the Islamic caliphate movement, which has long been a problem, will attract sympathy from many people on social media.

PETUNJUK DAN LANDASAN DALAM PENETAPAN GARIS NASAB PESPEKTIF HUKUM ISLAM

In Islamic jurisprudence, Nasab holds a crucial position, being one of the five elements categorized under "kulliyatul khoms" that demand safeguarding, thus subjecting it to the application of Islamic laws. The preservation of Nasab stands as a primary objective in the implementation of Islamic law, and its significance has escalated in the contemporary era. The prevalence of various deviations in the process of childbirth underscores the urgency of upholding this aspect. Furthermore, the Republic of Indonesia's legal framework recognizes numerous rights for children, emphasizing the necessity of a legitimate lineage for the entitlement to these rights. As Muslims residing in a nation governed by laws and regulations, it becomes imperative for us to comprehend the foundational aspects that contribute to the determination of our lineage. An awareness of these factors becomes pivotal, as it directly impacts our ability to establish lineage connections and, consequently, secure the associated legal rights within the societal and legal framework of Indonesia.

Angngaru Tradition in Maros Regency Perspective ' Urf

This research focuses on the angngaru tradition in Maros Regency with an 'urf perspective with the aim of describing the angngaru tradition for the people of Maros Regency, then to find out the views of cultural figures, community leaders, religious leaders and angngaru practitioners for the people of Maros Regency and to find out the implementation of the angngaru tradition in the Regency Maros in 'urf perspective. The type of research used is field research with qualitative descriptive. Then two approach methods were used, namely the Sharia approach and then the historical approach. The results of the research show that after extracting information through direct interviews with sources, namely cultural figures, religious figures, community leaders, practitioners and the general public of Turikale Village, the author was able to draw the conclusion that the angngaru tradition in the Turikale community plays a big role in maintaining legal order. and the social order. This was proven after the author received information that those who carry out this tradition must meet several criteria, such as those who carry out the aru must be people who are selected and have been trained, must be humble and humble, and ready to participate in maintaining the goodness of the people being carried out. (the person who is doing the angngaru in front of him). The implementation of Islamic law towards this tradition can be done through the 'urf method approach, where the author concludes that this tradition has many benefits and does not violate Islamic values. So that the angngaru tradition in the 'urf perspective approach can continue to exist among the people of Maros Regency.

The Relationship of Religion and State Law in Indonesia Paradigm Theory Perspective of the Relationship Between Religion and the State

The discourse on the relationship between religion and the state in the context of the implementation of Islamic law in Indonesia is an issue that will never go stale. This article aims to examine the relationship between Islamic law and state law from a paradigm theoretical perspective on the relationship between religion and the state, a study of the thoughts of Indonesian thinker Prof. Arskal Salim. The type of method used is qualitative, data comes from library materials, the main data is the book "Challenging the Secular State; The Islamization of Law in Modern Indonesia” by Prof. Dr. M. Arskal Salim GP, M.Ag. The data is read, analyzed, separated and categorized and then analyzed using descriptive analysis and content analysis. The research results show that Prof. Arskal Salim in his book raises five issues related to the dynamics and discourse of the relationship between religion and the state in the form of the application of Islamic law in state law in Indonesia. The five issues are the dialectic of the concept of sharia and the issue of the nation state, the dialectic of the formalization of Islamic law and the issue of nationalism, the implementation of Islamic law in the Pancasila state constitution, legislation and the formalization of Islamic law in national law, the formalization of Islamic law in Aceh from the beginning of independence to the reform era. Based on the theoretical analysis of the paradigm of relations between religion and the state, namely the integralistic, symbiotic and secularistic paradigms, a fourth new typology was discovered, namely symbiotic-integralistic which is a combination of the symbiotic and integralistic paradigms. This symbiotic paradigm applies throughout Indonesia, and the integralistic paradigm only applies in Nangroe Aceh Darussalam Province.

Constitutional Limits of Islamic Law: God in the Preamble to the Indonesian Constitution

Abstract The references to God in the preamble to the Indonesian Constitution raise a fundamental question, “do these references mean that the Constitution should be religious?” This paper aims to propose a new interpretation to the references to God in the preamble. Particularly, it suggests reinterpretation of the trajectory of the phrase “belief in One and Only God” in the making of the 1945 Constitution and during the amendment process, and of its legal significance. This article will also examine the implication of those references for the legitimacy of the state implementation of Islamic law. By analyzing the Constitutional Court’s decisions in the Religious Court Jurisdiction case, this article further investigates the implication of the constitutional interpretation of this phrase for the constitutionality of Islamic law. It argues that the preamble which is secular in nature provides the paradigm for enabling and limiting the institutionalization of religion, including Islamic law.

The Analysis Relationship of Exclusive Breastfeeding with Psychosocial Problems in Children Aged 4-6 Years

Psychosocial health is one of the most important factors in achieving optimal growth and development in children. The increase in psychosocial problems among children has been accompanied by a decrease in the rate of exclusive breastfeeding over the past two years. Another important aspect is the history of natural disasters such as tsunamis, military operations, and the implementation of Islamic law in Aceh. This research aims to explore the relationship between exclusive breastfeeding and psychosocial problems in children in the city of Banda Aceh.The research method employed in this study is an analytical observational design with a cross-sectional approach. The population of this research comprises all children aged 4-6 years old. Samples were obtained using a cluster sampling technique, involving 296 children from 5 villages around one of the public health centers in Banda Aceh. Data analysis in this study is conducted using a logistic regression test.The results of the study indicate that the percentage of children aged 4-6 years in Banda Aceh who have received exclusive breastfeeding is 261 children (88.18%), while the number of children with psychosocial problems based on the Pediatric Symptom Checklist 17 is 27 children (9.12%). There is a significant relationship between exclusive breastfeeding and psychosocial problems in children aged 4-6 years in the working area of the Baiturrahman Public Health Center in Banda Aceh. Children who did not receive exclusive breastfeeding have a 5 times higher risk of experiencing psychosocial disorders compared to children who received exclusive breastfeeding during the first 6 months of life

Universality and Contextuality of Islamic Law

The article delves into the concepts of universality and contextuality within Islamic law from the perspectives of two eminent scholars, Wael Bahjat Hallaq and Thaha Jabir Alwani. The research aims to comprehend these scholars' views on the universality and contextuality of Islamic law in the contemporary context. The research methodology involves a meticulous analysis of Hallaq and Alwani's written works and a comprehensive review of pertinent literature. The findings suggest that, while both scholars concur that Islamic law embodies universal values applicable across time, they also underscore the significance of comprehending the social and cultural context when applying Islamic law. Hallaq emphasizes the necessity of a profound understanding of the principles of Islamic law to address contemporary challenges, whereas Alwani highlights the flexibility of Islamic law in adapting to changing times. These findings offer valuable insights into the effective implementation of Islamic law in diverse global and local contexts.

EXISTENCE OF GENERAL COURSES: A STUDY OF ACEHNESE HISTORY AND CULTURE AS A COMPULSORY SUBJECT AT SAMUDRA UNIVERSITY

In the vision and mission of Samudra University "to become an independent and superior state university and prepare quality and competitive human resources". One of them is efforts to develop and improve the quality of general courses, including the history and culture of Aceh, in line with the Tri Dharma of Higher Education, including education, research, and community service. The aim is to prepare students to become members of society who have academic and professional abilities and are able to develop and create science and art, especially within the Samudra University environment. In accordance with Chancellor's Decree Number 95/UN54/M/2022 concerning the History and Culture of Aceh, it is a mandatory subject for students, with the principle of exploring and instilling the character values of Acehnese customs and culture according to sharia. This is closely related to the principle of Acehnese Specialty previously stated in Law Number 1/Missi/1959 in the fields of customs and culture, religion, and education. In the course of its history, after half a century, in 2000, the Implementation of Islamic Law was implemented in Aceh and confirmed by Qanun No. 9 of 2008 concerning the development of traditional life and customs, which describes actions and habits that have prevailed in society and are used as guidelines for daily life in Acehnese society. In line with these provisions, Samudra University empowers one of the general subjects: the history and culture of Aceh, which must be taken by every student so that they can improve quality and produce professional graduates at Samudra University. The method used is descriptive analysis with a qualitative approach. Researchers collect data through a literature review and analyse it using content or material analysis techniques. Stages of data analysis through data reduction techniques, data presentation, and drawing conclusions. In addition, the development of general subjects such as Acehnese history and culture can be implemented by lecturers independently. The use of course material can be used to introduce the historical heritage, customs, and culture of the Aceh Darussalam Kingdom to the Acehnese generation and students as academics on the Samudra University campus.

SHARIA IN PUBLIC SPACE: COMMUNICATION MODELS IN THE ADOPTION OF ISLAMIC SHARIA IN URBAN MUSLIM SOCIETY IN LANGSA, ACEH

The application of Islamic law in Langsa City is currently still reaping the pros and cons, until now the application of Islamic law is not going well. Good communication is needed between the government and the people of Aceh to build harmony in the application of Islamic law. This article aims to analyze the communication model built by the Langsa City government for the Urban Muslim Society to socialize the implementation of Islamic law. This paper is generated from empirical research with a qualitative approach, the main data obtained from in-depth interviews with parties directly involved in policy-making and implementing Islamic law in Langsa City. The results of the study show that there are several communication models built by the Langsa City government in the application of Islamic law, including; First, the interpersonal communication model that focuses on a personal approach, so that the message that reaches the community is more concrete and there is no miscommunication; second, the mass communication model that focuses on the pattern of delivering messages through several media such as social media and print media. The use of social media and print media is very useful in disseminating Islamic law, although, on the one hand, the mass communication model carried out by the Langsa City government is not able to reach remote areas that cannot access information technology. The communication model is carried out as a form of government authority in the enforcement of Islamic law in Langsa City because when religion enters the state system, the implementing authority belongs to the government.

RELIGIOUS COURT INSTITUTIONS AND ITS COMPETENCE IN SHARIA DISPUTE RESOLUTION

This article examines the authority of religious court institutions to resolve sharia conflicts. The primary function of religious court institutions is to resolve sharia disputes, provide legal protection, guide society, and oversee the implementation of Islamic law in society. However, religious court institutions still have limitations, such as a lack of expert staff, adequate facilities, and infrastructure, as well as a lack of public comprehension of the procedures for resolving disputes in religious court institutions. This study employs qualitative research methods with a focus on the literature and statutory regulations. According to the research findings, several alternative solutions can be proposed, such as increasing the quality and quantity of human resources, utilizing information technology, and cooperating with other institutions more closely. To increase the competence of religious court institutions, the government and society must improve the quality of human resources, provide adequate facilities and infrastructure, and raise public awareness of the procedures for resolving disputes in religious court institutions.

The Role of Dayah Education in the Implementation of Islamic Sharia in Aceh

This study aims to find out the roles of Dayah as an Islamic educational institution in providing understanding and awareness for Acehnese regarding the implementation of Islamic law in Aceh. This study uses a qualitative research method with a multi-case study approach. The locus of research is three Islamic boarding schools (dayah) in Aceh with three different models. Data was taken from documentation and in-depth interviews with students and teachers at related institutions. The sampling technique used a combination of purposive and snowball techniques. Data collection uses in-depth interviews and documentation techniques. Data analysis uses an interactive analysis model from Miles and Huberman. Triangulation techniques are used to ensure the validity of the data. The results of this study indicate that dayah education has at least two main roles. First, the role of creating a society that can accept Islamic law properly. Second, the role of forming a government that can create Islamic Sharia regulations that follow the culture of the Acehnese. For public education, this can be channeled by transferring understanding from teungku dayah to teungku imum through the Aceh government as an intermediary. Dayah alumni can also help in terms of the role of public education with da'wah via behavior, speech, and writing. Practically, the dayah teacher plays a role in implementing Islamic law in four roles: teacher, practitioner of sharia, observer, and mentor. In conclusion, Islamic education in Aceh has two key roles: shaping society to follow Islamic law and adapting Sharia regulations to Acehnese culture. Recommendations include seeking guidance from qualified clerics, and stakeholders should prioritize their roles in achieving this. Future research on Aceh's Islamic law should consider local socio-religious and socio-cultural factors.

Rescue Strategy for Covid Heroes in Households: Reconstructing the Meaning of Hadith Ahkam in Sunan Abū Dāwud

Work from Home (WfH) and online schooling as a policy to reduce the risk of the spread of COVID 19 has an impact on increasing the risk of fatigue and stress for women. Especially for working women who are married and have children. While men can focus on completing office tasks at home, this is not the case for women. The economic movement of the family that slows down while domestic needs and responsibilities increase both in quantity and quality is a severe phenomenon that haunts the lives of women. Therefore, it is necessary to reconstruct the understanding of the meaning of the Prophet's hadith which contains the law as an argument which becomes the basic principle of the implementation of Islamic law. The method used in this research is the maudhui method, focusing on the hadith ahkam narrated by Abū Dāwud number 236 which explains the concept of partnership between men and women in household responsibilities. Content analysis is used as a data analysis technique. The hadith text is a basic legal reference for the principle of equality between men and women. Both have the same rights as human beings. The right to live with dignity, religion, politics, activities in the social, economic and educational spheres as well as the right and responsibility to take care of the household and obey the law. Not respecting women's rights means denying the law, which is the principle of equality in the hadith text. Taking care of the household is a job that can be learned and can also be done together. This is done as an effort to recognize and save women as household heroes from the increased risk of fatigue and stress, especially in difficult times.

Periodisasi Hukum Islam

This article is a conceptual study of the periodization of the development of Islamic law, starting from the time of the Prophet Muhammad who brought Islamic dogmatic teachings, continuing during the time of the Companions as the second holders of the relay of Islamic civilization. And then its development in the following period until the implementation of Islamic law which began to be contained in Indonesian law, as formal law. The problems studied are as follows: 1) What are the sources of Islamic law?, 2) What is the method of establishing Islamic law in the early period, friends and tabi'in?, 3) How is the implementation of Islamic law in Indonesian national law? The aim is to find out the most important sources of Islamic law. In addition, to find out the method of establishing Islamic law in the early period, companions and tabi'in, as well as its implementation in Indonesia. Based on the form of this research is normative research with library research data collection techniques. From the data obtained then developed with data analysis in the form of a flow-model.

Islamic Law, Islamic Finance, and Sustainable Development Goals: A Systematic Literature Review

In essence, Islamic law (Maqasid al-Shariah) and the sustainable development goals (SDGs) initiated by the United Nations have the same goal: to achieve the perfection of a sustainable human life. Meanwhile, Islamic finance is regarded as an implementation of Islamic law, as many Islamic finance products and instruments are derived from Islamic law. Prior studies on Islamic law, Islamic finance, and SDGs tend to be scattered, and the role of Islamic finance in SDGs is still questionable. This paper uses a systematic literature review to investigate the intersection of Islamic finance, Islamic law, and SDGs. We selected papers that focused on Islamic finance as an inclusion criterion and excluded papers that only discussed Islamic countries as an exclusion criterion. We retrieved 65 papers and book chapters published from 2008 to 2022 from the Scopus database to analyze which parts of Islamic finance and law can contribute to the SDGs. We use thematic analysis for data synthesis by grouping findings into their relation to Islamic law using Al-Ghazali’s Framework of Maqashid Al-Shariah and SDGs from the UN, and then explaining the research results using a narrative method. Through this study, we found that Islamic finance supports the SDGs with the most significant contribution to humanity. In addition, it is essential to know that the support of the government, regulators, and related institutions is much needed to improve Islamic finance for the achievement of SDGs.

QUO VADIS OF ISLAMIC LAW IN NATIONAL LAW

This paper is a paper that concentrates on issues related to Islamic law in which there is civil law and others, Indonesia as a state of law and a state with the philosophy of Pancasila tries to provide space and movement for Islamic law and other laws, majority and minorities in the context of the state are often When it is influential in providing this space, there are three important questions. First, what is the concept of Islamic law in Indonesia? how is Quo Vadis Islamic law in the national legal system? How is the implementation of Islamic law in the national legal system in the area of ​​religious courts? By using a content analysis approach to answer the concept of Islamic law in the national legal system, and its implementation in religious courts in Indonesia, the results of this paper are the first concepts of Islamic law in Indonesia.

Juridical Analysis of the Implementation of Islamic Criminal Law in Aceh from the Perspective of Legal Hermeneutics

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.

Politik Hukum Ekonomi Syariah Dalam Undang-Undang Cipta Kerja

Wage policy has an urgency that affects the operational aspects of the company's business. In addition, the issue of wages has become a sensitife matter among workers. This is because the wages earned by a worker represent the value of the worker. Islam as a religion of mercy for all nature, the principles of wages in the Islamic Economy include fair and worthy. This research will discuss the comparison between wages in the Job Creation Law and the politics of sharia economic law. This comparison will explain how the wage process is regulated in the Job Creation Law and wages based on sharia economic law. Research uses comparative descriptive methods to find differences and relevance in the implementation of Islamic law in the wage system. The results showed that both principles of wages in the Islamic economy have been implemented in wages in Indonesia even though some employers have not been able to provide eligibility for their workers.

Problem Identification of Islamic Law Implementation in COVID-19 Mortuary Practice in Indonesia from the Perspective of Forensic Pathologists

Indonesia consists of many different ethnic groups and religions. Islam is the major religion in Indonesia, thus also rendering Islamic tradition as being significant in Indonesia. This is also the case with Islamic law. In March 11, 2020, COVID-19 was declared as pandemic by WHO. Since then, there were reported cases of forceful seizure of deceased bodies by the deceased’s family in Indonesia. The aim of this research is to understand the problems related with Islamic law implementation in COVID-19 mortuary practice in Indonesia from the perspective of forensic pathologists. This study also aims to analyze whether the solutions given are in accordance with Islamic law.The sampling method used was convenience sampling. The respondents were forensic pathologists from different areas in Indonesia. 19 out of 20 respondents reported problems and solutions. The solutions were in accordance to Islamic law.Problem that is present in mortuary practice in the context of muslim COVID-19 patients are related to the bathing and shrouding process. There is distrust on whether proper care had been carried out. The situation happened due to the community’s lack of comprehensive understanding of proper Islamic mortuary practice in COVID-19 pandemic context.

Politics and Islamic Laws in Indonesia (Case Study of Muslim Prayer Procedures During the Covid-19 Pandemic)

Scholars have analyzed the increasing implementation of Islamic laws in Indonesia after the 1998 reform. They have shown that traditional Islamic laws practiced in the past are being implemented again today, such as caning in Aceh, hijab for women in West Sumatra, and the obligation of Qur’anic literacy in South Sulawesi. Few scholars show otherwise about rational and accommodating laws in contemporary Islamic laws. By analyzing fatwas, circulars, and instructions issued by three prominent Islamic institutions in Indonesia regarding the procedures for praying during the Covid-19 pandemic, this article shows, as Jeremy Menchik (2014) pointed out, that Islamic laws are changeable and can be influenced by science and government and non-government institutions. The Muslim prayer procedures during the Covid-19 pandemic show that while Islamic authorities are still crucial in managing Muslim societies, their interpretation of Islamic laws is subject to change from time to time. The results of this study imply that Islamic institutions and government and non-government institutions can work together in managing contemporary Muslim societies utilizing progressive interpretations of sharia.
 Keywords: Politics, Islamic laws, Covid-19, Islam, Indonesia