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Dawn of Justice: Evaluating the Alignment of Women and Children in Aceh's Qanun Jinayat
Full text linkAceh Qanun No. 6 of 2014 concerning the Jinayat Law can potentially eliminate justice for women and children. Through a literature study using a descriptive-analytical method, this article aims to interpret the substance of the Qanun Jinayat. The results show that the Qanun Jinayat has not taken sides with women and children. The first evidence, the preliminary evidence requirement for rape victims in the Qanun Jinayat, provides an opportunity to harm women. Victims may be unable to show evidence due to their psychological pressure. The second piece of evidence, the existence of legal dualism, between Article 81 and Article 82 of the Child Protection Law and Article 47 of the Qanun Jinayat, provides opportunities for violence to children. Qanun Jinayat provides lighter sentences to perpetrators. This article finds that the Qanun Jinayat was formulated and ratified with minimal involvement of many parties and absorption of community aspirations. The article recommends that the formulation of the Qanun Jinayat should be revised with consideration of the public benefit by involving modernist academics with a comprehensive religious education background
Maintaining the Plurality and Sacred Value of Islamic Law through the Existence of the Sharia Banking Law
Full text linkIslamic banks are the fastest growing Islamic financial institutions in Indonesia. In fact, Islamic Banks already have special regulations, namely Law Number 21 of 2008. This article aimed to analyze how important the Sharia Banking Law is in maintaining the plurality and sacredness of Islamic law in every sharia banking operational activity. The method used in this article is qualitative with a normative approach. This article found that Sharia Banking Law supports the sacredness of Islamic law, namely to realize the benefit. The existence of the Sharia Banking Law indirectly shows its capacity as a legal product that provides a plurality space so that the law can be enjoyed by all humans and all religions based on community beliefs. In addition, the existence of the Sharia Banking Law can also be a reference for other Islamic law products to provide a plurality value space behind the sacredness of Islamic law in Indonesia
Dispute Resolution Model for Granting Hareuta Peunulang through the Customary Court in Pidie Regency, Aceh Province
Full text linkHareuta peunulang is a grant of immovable property from parents to their daughters before marriage in Pidie Regency, Aceh Province. Disputes are resolved through customary court, but the settlement that should have been settled at the mukim level was brought to the Mahkamah Shar'iyyah. Therefore, this study aimed to identify the causes of the hareuta peunulang practice disputes and find an effective and efficient model for resolving them through customary courts. Empirical juridical methods were used with data collected data through observation and interviews and analyzed using a qualitative descriptive approach. The results showed that disputes are caused by the lack of deliberation in the hareuta peunulang process. The social plurality of laws makes the dispute resolution model through customary courts ineffective and inefficient. Therefore, the role of the village head (keuchick) and head of mukim (imuem mukim) is needed to educate the community regarding customary justice procedures that should to conducted at the village (gampong) and mukim levels
Traditional Law vs. Islamic Law; An Analysis of Muslim Community Awareness in Inheritance Issues
Full text linkThe system of inheritance distribution in Islamic law, normatively, between men and women is 2:1. Meanwhile, the traditional inheritance system of the Cipicung Girang community, Cidadap District, Bandung City, where the majority of the population is Muslim, has divided men and women equally, namely 1:1. Another uniqueness of the system is that the house they live in belongs to the child who is the last to take care of his parents. The problem is, the customary inheritance system is used by the majority Muslim population. This study aims to analyze the factors that influence public awareness in the distribution of inheritance. This study uses a mix-method with interactive analysis techniques and assisted by Smart PLS software to test the relationship between variables. This study found that inheritance follows the local traditional system because girls take care of their parents, while men are busy working. Another finding is that literacy factors have a greater influence on people's awareness and loyalty compared to religiosity and perceptions of inheritance
Sirri Marriage Celebration and Its Impact on Social Change in Banjarese Community, South Kalimantan
Full text linkThis study seeks to reveal that sirri marriages, which are usually secret, in the Banjar community are carried out openly and are carried out by walimah 'ursy (wedding ceremonies). In contrast to other studies, most of them only discuss the law of unregistered marriage and its legality in Indonesia. This study tends to pay more attention to aspects of habits and shifts in the meaning of the sirri marriage. The method used in this study is empirical with an ethnographic-phenomenological approach to the celebration of sirri marriages in the Banjar community, South Kalimantan. The results of this study prove that the legality of sirri marriages is illegal in Indonesia State because it is not recorded at the Office of Religious Affairs. However, aspects of the habit of unregistered marriages and holding wedding celebrations in the Banjar community, make sirri marriages "as if" they have legal rights in society based on social norms
Hate Speech During the Caliphate of ‘Alī ibn Abī Ṭālib and Its Relevance to Regulations in Indonesia: The Study of the Islamic Law History
Full text linkThis paper aims to describe the process of overcoming hate speech crimes during the caliphate of 'Alī ibn Abī Ṭālib in the perspective of the history of Islamic law. The important question to be answered in this paper is how did the caliph 'Alī ibn Abī Ṭālib contribute to handling the problem of hate speech? This paper finds three essential things. First, the death of Caliph 'Uthmān became the cause of the emergence of various slander. The main perpetrators were the Sabā’iyyah, Khawarij, and Shia groups. The form of slander is in the form of hate speech, such as insulting, defaming, inciting, spreading hoaxes which are violations of human rights and have discriminated against certain entities and individuals. Second, the policy of overcoming hate speech is pursued by a criminal and social law approach. Third, the relevance between ‘Alī ibn Abī Ṭālib's policy and existing regulations in Indonesia lies in the form of actions, punishments, and protection of human rights from discrimination
Reconstruction of Sakīnah Family Criteria During the Covid-19 Period
No full textThis article describes the implementation and achievements of the sakīnah family during the Covid-19 period. Both refer to the technical guidelines of the Indonesian Ministry of Religious Affairs in 2011 regarding the criteria for the sakīnah family. This study uses sociological and al-maṣlaḥah approaches. The research location is in Konda District, Konawe Selatan Regency. The researchers obtained data from the Office of Religious Affairs (KUA), sub-district government, village heads, community leaders, and the public. This study found that the criteria for the sakīnah family were irrelevant to apply. The reason is that the expectations of these criteria are too high, especially in the fields of economy and social status. In addition, the KUA officers did not implement the sakīnah family counselling properly. Thus, the criteria for the sakīnah family need to be simplified and adapted to the conditions and characteristics of each region
Intellectual Property Rights and Monopoly in the Perspective of Islamic Jurisprudence
Full text linkThis paper aims to reveal fiqh's review of Intellectual Property Rights (IPR) and their relationship with monopolies that can harm humankind. There are two opinions in contemporary fiqh regarding IPR; first, Ahmad al-Ḥujjī al-Kurdī, which states that IPR as part of worship, should not be hidden and should not be monopolized and exploited by anyone. Second, Muṣṭafā Zarqā, Muḥammad Fatḥī al-Duraynī, Muḥammad Sa'īd Ramaḍān al-Būṭī who agree with the protection of IPR. Through literature study and descriptive analysis approach, this paper concludes that if intellectual property rights cause harm to society and the state, especially in the exploitation of material rights, then it has created a monopoly that is detrimental and prohibited. Every country has different policies to protect IPR when it does not harm the community and the state.
Social Fiqh and Its Implications for Community Life in Society 5.0
Full text linkThis paper aims to analyze and examine the developmental model of social fiqh in the era of society 5.0 and its implications for the social life of modern society in the 21st century AD. The research method uses a literature review by collecting various appropriate and supportive literature on social fiqh studies, such as the works of KH Sahal Mahfudz and KH Ali Yafi. The study results show that social fiqh in the 5.0 era will increase the ease of access and progress in people's lives concerning social, cultural, economic, and political issues by prioritizing the values of the public benefit. The development of social fiqh in the era of society 5.0 is a step to alleviate the increasingly complex problems of the people. Social fiqh also educates and guides humans to become advanced, independent, prosperous, tolerant, moderate, balanced, and just human beings
Fiqh Mu’āmalah Content in Friday Sermon: Dialectics of the Mosque as a Ritual Space and the Market as Economic Space
Full text linkThis paper describes fiqh mu’āmalah content in Friday sermons at the Great Mosque of Kauman Semarang to understand the dialectics between the mosque as a ritual space and the market as an economic space. This paper's data are in the form of 51 sermons delivered in 2015 from January 1 to December 31, 2015, and interviews with the foundation, ta’mīr, and the preachers. This paper shows that Friday sermons' characteristics at the mosque are reflected in their preachers' diversity, both in terms of educational background, scientific fields, organizational affiliations, and professions. This paper finds that fiqh mu’āmalah's content has not become the point of attention of the preachers. This finding is proven by the absence of a sermon theme on fiqh mu’āmalah (mu’āmalah madiyah). The topic that appeared in Friday's sermon was related to Islamic economics's ethical principles and business-related to mu’āmalah adabiyah. The minimal content of fiqh mu’āmalah or economic fiqh in the Friday sermon of the mosque reflects the low intensity of the mosque's dialectics as a ritual space with the market as an economic space. The Friday sermon at this mosque still does not pay more attention to the jamā’ah of Johar market seller as the essential segment