Islamic Law In Aceh Research Articles

PENERAPAN SYARIAT ISLAM DI ACEH DAN TANTANGAN DI ERA EKONOMI DAN POLITIK LIBERAL

Since its declaration on 1 Muharram 1423 H or coinciding with 15 March 2002, Islamic law in Aceh has been under the spotlight. Islamic Sharia, which was revealed by Allah Swt, should be understood as a perfect rule and become rahmatan lil'alamin, instead it gets opposition from some Muslims who are secular and anti-sharia. Some Muslims today, especially leaders and intellectuals in Aceh who claim to be critical but do not have adequate knowledge about Islamic law, dare to reject God's law (sharia). Various negative issues and shubhat are put forward. Among other things, Islamic sharia in Aceh is not in accordance with human nature. In addition, the implementation of sharia in Aceh is said to have been hasty, without careful thought and preparation. This paper attempts to refute these allegations. Whether we realise it or not, negative accusations against the implementation of Islamic sharia in Aceh not only destroy Islamic sharia itself, but also go against the law of God (Allah Swt) and human nature. The accusation that Islamic law in Aceh is incompatible with human nature is a fallacy. Islamic Sharia in Aceh, wherever and whenever, is in accordance with human nature. With Islamic law, human beings discover their nature as servants of Allah and caliphs on earth. Therefore, Islamic law was revealed to guide and protect this human nature so that it does not deviate and is not tyrannised. In addition, this paper also refutes the accusation that Islamic sharia in Aceh was implemented in a hurry. In fact, Islamic sharia in Aceh has been implemented since ancient times, the time of the kingdom of Aceh. However, the implementation of sharia at this time was carried out in stages. That is why, in the beginning, its scope was only limited to certain areas. For example, in criminal law only applies to jarimah khamar, gambling and khalwat / adultery with ta'zir punishment. The next stage is the application of hudud punishment in the case of jarimah hudud. This is the concept of tadarruj that characterises Islamic law itself.

State, Custom, and Islamic Law in Aceh: Minor Dispute Resolution in the Perspective of Legal Pluralism

State, Custom, and Islamic Law in Aceh: Minor Dispute Resolution in the Perspective of Legal Pluralism

Harmonization of State, Custom, and Islamic Law in Aceh: Perspective of Legal Pluralism

Indonesia recognizes several legal systems i.e., state law, customary law, Islamic law, and international law. Islamic sharia in Aceh is part of legal pluralism in Indonesia. This study aims to discuss the application of Islamic sharia from the perspective of legal pluralism. This normative legal study employed a legal pluralism theory analysis. Legal pluralism is a theory that views law not only as positive or written law made by the state but also as a recognition of the legal reality that exists in a pluralistic society. The study collected data by means of a literature review. Findings revealed that Islamic sharia in Aceh as part of the recognition of the concept of legal pluralism has been implemented well in the context of state law, custom, and Islamic law. The state has provided juridical legitimacy through laws in the context of legal substance and judicial institutions or sharia courts. Likewise, revitalization has also occurred in traditional institutions in terms of customary law and customary justice. The argument emphasized in this study is that Islamic sharia in the context of legal pluralism has succeeded in manifesting legal harmonization between the state, custom, and Islamic law

The Existence of Non Muslim Minority in Aceh, Indonesia: A Study Civil and Police Institution

The implementation of Islamic law in Aceh had impact for the existence of non-Muslim minority groups. Even though they are guaranteed freedom to worship, harmony and protected, and can live side by side with the Aceh society, on the other hand, they are also feeling the impact of sharia. These implications are experienced by Christian women, not only among civil groups, but also police institutions. This article aims to complement the shortcomings of previous research, by mapping the relationships that existed between Muslim and non-Muslim groups in Aceh during the implementation of Islamic sharia. The research question is, how do these implications occur and why public space is limited for them. This research was conducted in Banda Aceh involving six informants and some were women, civil society groups and several police institutions, namely three Christian policewomen, through in-depth interviews and using several references related to the research subject. The results of the study indicated that, first, there are social spaces that have an impact on non-Muslim groups because they live in areas of Islamic sharia that require them to receive these regulations, such as the obligation to wear the veil for students, teachers and policewomen in police agencies. Then, there are limited facilities for worship, including for policewomen to provide spiritual guidance. Apart from that, there is little access to public space in government, which occurs among non-Muslim minority children who would like to develop their talents, as well as employees and in police agencies who could not develop their careers perfectly. This happens because they cannot have opportunities like the people of Aceh who are the "hosts". In this case, the government must be able to harmonize laws, including for minority groups in Aceh. It is hoped that the results of this research could adding references regarding the importance of increasing awareness and fostering the values of tolerance.

COMPATIBILITY OF LAW ENFORCEMENT AND HUMAN RIGHTS WITHIN ISLAMIC LAW IN ACEH PROVINCE, INDONESIA

Since the enactment of Act Number 11 of 2006 on the Governance of Aceh, the region has undergone decentralization, becoming an asymmetrical area with unique authority, particularly in the realm of Islamic Law. The implementation of Islamic law in Aceh has encountered obstacles and sparked debates among scholars. This article delves into the enforcement of Islamic laws and their relationship with human rights within the context of Aceh Province. Through doctrinal legal research, it is demonstrated that the enforcement of Sharia Law in Aceh upholds human rights principles. The justification for Islamic Sharia law is rooted in the Indonesian Constitution of 1945, provided that Qanuns (sub-national regulations) at the provincial or regional level align with higher laws hierarchically. Any discrepancies in implementation necessitate a reevaluation. The 1945 Constitution grants Aceh the authority to uphold Islamic law while promoting, respecting, and fulfilling human rights. The harmonization of human rights and Islamic Law is crucial for mutual reinforcement and justice-seeking in Aceh Province, Indonesia.

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.

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.

STRENGTHENING SHARIA ELEMENTS; SYUF’AH OR LANGGEH RIGHTS IN LAND BUYING AND SELLING TRANSACTIONS IN ACEH

This article describes the strengthening of sharia elements (Syuf'ah) in buying and selling land in Aceh. The implementation of Islamic law in Aceh is not only in the field of worship, it also includes the field of muamalah, namely buying and selling land. In Acehnese customary law, syuf'ah rights are known as langgeh rights. In the decision of the Supreme Court of the Republic of Indonesia dated March 31 1977 No. 298 K/Sip./1973 explains that langgeh rights are rights in customary law that give priority over other people to buy land, which is given to relatives, Segampong/village communities and neighboring land owners. If the sale and purchase of land is not carried out based on priority rights, the aggrieved party can sue for the cancellation of the validity of the sale and purchase to the Gampong Court. This article uses normative research methods, in the form of secondary data analyzed using qualitative methods. The results of research that has been carried out by several previous researchers, there is a dispute in the sale and purchase of land in Aceh which does not apply Syuf'ah rights or langgeh rights. Strengthening the Syari'ah elements of Syuf'ah or langgeh rights in the sale and purchase of land in Aceh is regulated in Qanun Muamalah and is applied in land buying and selling transactions in Aceh. The importance of strengthening the elements of syari'ah syuf'ah or langgeh rights is to prevent disputes or cancellation of land sales and purchases in Acehnese society.

Legal Harmonization: Adultery in the Indonesian Criminal Code and Aceh Qanun No. 6/2014 on Jinayat Law

This paper discusses the complexity of the application of adultery laws in Indonesia, particularly in a comparison between the Criminal Code and the Aceh Qanun. The transformation of adultery regulations reflects the evolution of society's views and responses to social change. This research aims to understand the essence and implications of this regulatory transformation. In the context of legal harmonization, this research reveals the challenges and opportunities of harmonizing universal values with local and religious values, especially in the aspect of Islamic law in Aceh. The research conclusion provides a nuanced view of the dynamics of legal harmonization in Indonesia, emphasizing the need to create harmony in the legal system.

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

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.

QUESTION CAREER PATH ACEH SHARIA POLICE

After more than a decade of imposing Islamic law in Aceh, appearing various legal problems such as career path of Sharia Police or known as Wilayatul Hisbah (WH). In one hand, WH is faced on commitment of working harder by upholding religious norms as well as national regulations. On the other hands, their career path does not have a future certainty, even futureless. In the Act of Government of Aceh WH positions hand in hand with Satuan Polisi Pamong Praja (Satpol PP), having specific task to uphold general bylaws. Unfortunately in national level there are no single regulations arranging a path of professional career for WH. This fact contributes on hesitation of WH members to pursue their future career. Some of them switch their position to other career paths, having more certainty in national level. From the perspective of budged use, skill training cost for WH members are very expensive. If most of them change their future career, it will be a big loss for national budget, because their skill cannot be used for WH development. Thus, it needs a breakthrough to resolve this problem

Surviving in Veranda of Mecca: The Existence of Chinese Community in Gampong Peunayong, Kuta Alam District, Banda Aceh

This research is entitled Surviving in the Veranda of Mecca: The Existence of Chinese Community in Gampong Peunayong, Kuta Alam District, Banda Aceh. This research aims to understand the social situation of the Tinghoa ethnicity and the relationship between the Chinese ethnicity and the People of Aceh, as well as understand the life of the Chinese ethnicity while implementing Islamic law in Aceh. This study uses a descriptive qualitative research method. The data collection techniques for this research were observation, interviews, and library research. The object of this study is the people of Gampong Peunayong, both Acehnese and Chinese ethnicity. The results show that Chinese ethnicity in Gampong Peunayong provided responses generated through interactions between Chinese and Acehnese. Responses and feedback from the public varied depending on their respective perspectives in the form of positive and negative responses.

Contestation of Religious Authority in Study Groups: Between Religious Authority and Mass Authority in Aceh

This article examines the religious authority contestation among study groups in Langsa City, Aceh. The existence of a diversity of study groups does not mean the people there accept the existing plurality. Apart from the growth of religious authority from the Traditional Islamic community, several things also influence it. So the diversity phenomena in religion often become a mass struggle. This research is included in field-library research with qualitative analysis. Data were collected through interviews, documentation, and observation in the study groups. The data were analyzed using a sociology approach and social theory. This article presents two significant findings, including scientific contestation developed by each study group and mass struggle as a confirmation of the authority holder. These two pieces of evidence show that the spread of religious authorities does not necessarily make people accept plurality in religion. Furthermore, Islamic law in Aceh tends to always be in religious contestation.

PENGATURAN PENDIRIAN RUMAH IBADAH DAN KONFLIK ANTAR UMAT BERAGAMA DI KABUPATEN ACEH SINGKIL

Maintaining religious harmony at the regional, provincial, and central levels is the obligation of all citizens and other government agencies. Islamic law in Aceh actually does not only deal with matters of faith, maisir, khalwat, and khamar, but actually also takes care of all aspects of life including relations between religious adherents. So that the Aceh government issued a form of regulation in the form of Perda No. 25 of 2007 concerning Guidelines for the Establishment of Houses of Worship. The case in Aceh Singkil several years ago shows that religious harmony has not been fully created in Aceh. Therefore, in this discussion conducted an assessment of Islamic views on religious harmony and efforts to overcome inter-religious conflicts. The research results show that rules for religious harmony in Islam are contained in the Medina Charter, while the Republic of Indonesia Law states that the state guarantees the freedom of every citizen to embrace their own religion and to worship according to their religion and beliefs. While the rules related to the establishment of houses of worship in Aceh have also been regulated in the Form of Regional Regulation No. 25 of 2007 concerning Guidelines for the Establishment of Nanggroe Aceh Darussalam Houses of Worship. The conflict between religious communities in Aceh Singkil was caused by the government's lack of attention and its occurrenceclash of wisdom, breach of agreement and regulation, social prejudice, bigotry, and lack of communication. The solution with examine the root causes of conflict, process it in a fair and transparent manner and increase outreach and dialogue between religious leaders.

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.

PERSEPSI SISWA SMA KOTA BANDA ACEH TENTANG KONTRIBUSI PAI DALAM PENANAMAN PEMAHAMAN SYARI’AT ISLAM DI ACEH

This study aims to determine students' perceptions regarding the contribution of Islamic Religious Education (PAI) subjects in cultivating an understanding of Islamic law in Aceh. A qualitative approach using the case study method is used. Data obtained through interviews with five participants. Data were analyzed using thematic analysis techniques. The results of this study indicate that there is contribution of Islamic Religious Education (PAI) subjects in the form of students having knowledge of Islamic law applied in Aceh and students having knowledge of the categories of violations of Islamic law. Categories of violations of Islamic law that students know are drinking alcoholic beverages; maisir (gambling); khalwat (obscene) and wearing clothes that are not in accordance with the Shari'a law. The categories of punishment known to students for violations committed were caning for adultery.

Historical Perspective of Acehnese Women's Leadership Transformation as a Source of History Learning

Acehnese women's leadership is an interesting topic to discuss because of the strong Islamic law in Aceh. There have been several transformations in Acehnese women's leadership so it has become a topic of discussion and debate among the Acehnese people. This research aims to (1) describe the transformation of Acehnese leadership from a historical perspective and (2) describe the leadership of Acehnese women as a source of historical learning. This study is qualitative research with a historical method. The main source of this research is an article that contains the transformation of Acehnese women's leadership. The stages of this research are heuristics, verification or criticism, interpretation, and historiography. This study resulted in two findings. First, there have been several transformations of Acehnese women's leadership, including Laksamana Malahayati, Cut Nyak Dhien, and Cut Nyak Meutia. Second, Acehnese women's leadership as a source of historical learning includes the values of assertiveness, courage, and integrity as important points for the realization of student character. This research is a reference for teachers in fulfilling historical learning and for future researchers in conducting research about the transformation of Acehnese women's leadership.

Dayah Ulama and Modern Negotiations in Aceh

This article analyzes the interpretation of Islamic religious clerics on the narrative of religious moderation within the framework of Islamic law in Aceh. This study focuses on several issues, including; The first is the acceptance and rejection of the ulama towards the rhetoric of tolerance. Second, the interpretation of the scholars of religious differences. Third, the binding element for managing tolerance and religious differences. The purpose of writing this article is to produce a study of strengthening democracy and national identity based on Islamic sharia values ​​which are the standard of behavior in public life in Aceh. The study was conducted using a qualitative research approach through in-dept interviews. Sources of data were also obtained through focus group-based surveys. As for the results of the study it is known that; first, there is no rejectionism of the dayah scholars towards the narrative of religious moderation. On the other hand, the emphasis on acceptance must be in harmony with the principles of Islamic law within the framework of the Unitary State of the Republic of Indonesia. This is because what has been awakened in the imagination of the Ulama towards Aceh is a sense of place that Aceh is the verandah of Mecca (Islam). Second, the form of the acceptance of the dayah ulama towards the narrative of tolerance and diversity in Aceh is moderate. Third, the binding element for the management of institutionalized tolerance and diversity in Islamic law and Acehnese customs. For dayah scholars, tolerance is only in muammalah affairs, not in private matters (aqidah and worship). This means that tolerance may not sacrifice the principles of belief (aqidah), just as religious beliefs may not be sacrificed for the sake of tolerance.

Syariat Islam dan Tradisi di Aceh Darussalam

This study describes Islamic law and traditions in Aceh Darussalam. This study aims to provide education to readers that Aceh Darussalam has many traditions based on Islamic law. This study uses a sociological study, namely research by examining applicable regulations and relating them to their application in people's lives based on developing phenomena. Islam and customs in Acehnese society are like substances and characteristics that cannot be separated from one another. Religion and culture are integrated in the way of life, social systems, culture, and Islamic values ​​which are now as if tradition must be separated from religion, and so religion must be separated from tradition. This arises from among those who study Islam with a rigid method, narrowing a meaning that should have a broad meaning, even claiming that it is forbidden to do something that the Prophet Muhammad never made. Islamic law in Aceh as we know it is very thick, in fact some of it has been running for a long time, even since the time of the Aceh sultanate, so that tradition continues to permeate and integrate with the daily life of the Acehnese people.