Islamic law in 17th Century Aceh (original) (raw)

THE APPLICATION OF ISLAMIC LAW IN INDONESIA: The Case Study of Aceh

This article provides an historical account of the implementation of Islamic law in Aceh and how the issue of Islamic law has been debated. The study will give more emphasis on the dynamics of the implementation of Islamic law, its historical development, typologies of Islamic law, leaders’ opinions regarding this issue, and the governments’ responses. This study argues that Islamic law in Aceh has been misinterpreted merely as h{udu>d law. In addition, it argues that the provincial government tends to put heavy emphasis on symbolic religious issues (such as the Islamic dress code and the usage of Arabic signs and letterheads), rather than the substance of Islamic law such as justice and prosperity for all. Finally, the study has made evident that implementing Islamic law is never a good method of attempting to resolve conflict. There is no need to establish Islamic law formally through the political process because, when politics enters in religious arena, it carries with it many interests. Keywords: Aceh, Shari>‘ah, Qanun, Adat, H{udu>d.

THE APLICATION OF ISLAMIC LAW IN INDONESIA: The Case Study in Aceh

JOURNAL OF INDONESIAN ISLAM, 2007

This article provides an historical account of the implementation of Islamic law in Aceh and how the issue of Islamic law has been debated. The study will give more emphasis on the dynamics of the implementation of Islamic law, its historical development, typologies of Islamic law, leaders' opinions regarding this issue, and the governments' responses. This study argues that Islamic law in Aceh has been misinterpreted merely as h{ udu> d law. In addition, it argues that the provincial government tends to put heavy emphasis on symbolic religious issues (such as the Islamic dress code and the usage of Arabic signs and letterheads), rather than the substance of Islamic law such as justice and prosperity for all. Finally, the study has made evident that implementing Islamic law is never a good method of attempting to resolve conflict. There is no need to establish Islamic law formally through the political process because, when politics enters in religious arena, it carries with it many interests.

THE PRACTICE OF WALIMAT AL-‘URS: Competing Sharia and Tradition in Aceh

Journal of Contemporary Islam and Muslim Societies, 2022

One of the most heated debate in a diverse and plural legal system in such as Indonesia, is the issue of harmonization of sharia and tradition. This paper is an attempt to study the extent to which the harmonization of Islamic law and tradition in Aceh. Using a qualitative approach, this paper focuses on walimat al-'urs tradition. The author argues that differences between tradition and shari'a may become an avenue for new configuration that would be preserved as a uniting factor in the foreseeable future Indonesia. The data was obtained from in-depth interviews with important local figures. The research shows that sharia through 'urf theoretical framework could not accepts the richness of indigenous entities.

The Politics of Islamic Law in Aceh

2007

This article examines the recent introduction of Islamic law, or shariah, in Aceh, Indonesia. Despite signs of growing religiosity in Indonesia over recent decades, it is argued that the introduction of shariah did not result from a broader pattern of societal Islamization, but rather from the specific political dynamics surrounding rebellion and counter-insurgency in Aceh. Three groups of actors – the national government, the ulama and the local political elite –were united by a desire to undercut popular support for GAM, the Free Aceh Movement. In promoting shariah, these groups engaged in a process akin to the “outbidding” often seen in ethnic conflicts, each trying to demonstrate that they more authentically represented Acehnese identity than did GAM. As a result of these origins, shariah came to Aceh in a top-down manner and in bureaucratic guise, giving rise to local criticisms that its implementation unfairly targets the poor and misrepresents Acehnese tradition.

Islam and National Law: A Formal Legal Review on Sharia Laws in Aceh

Al-Risalah, 2020

The implementation of sharia in Aceh has gone through a democratic process subscribed by the Unitary State of the Republic of Indonesia. Nevertheless, some observers consider it problematic. Against this backdrop, this article discusses the principles of the formalization of sharia into positive law and further concretely analyses the case of formalization of sharia in Aceh. Employing a norma-tive approach on research of law, this article shows that the principles of sharia codified in the qanuns of Aceh are grounded on the Qurʾān and the Sunna. The formalization of the sharia into the qanuns has gone through democracy and complies with the Indonesian law. Those qanuns contain regulations on ʿaqīda, muʿāmala, Islamic convocation, and Islamic criminal law. Abstrak: Implementasi Syari'at Islam di Aceh telah melalui proses demokrasi yang dianut oleh Negara Kesatuan Republik Indonesia. Namun, beberapa pengkaji terdahulu masih menganggap implementasi tersebut bermasalah. Karena itu, tulisan ini mendiskusikan prinsip-prinsip formalisasi syari'at Islam ke dalam hukum positif dan menganalisa fomalisasi Syari'at Islam di Aceh ke dalam sistem hukum positif secara konkrit. Dengan menggunakan pendekatan penelitian hukum normatif, tulisan ini menunjukkan bahwa prinsip-prinsip Syari'at Islam dalam qanun-qanun Aceh berlandaskan pada al-Qurʼān dan al-Sunnah sebagai rujukan utama. Sementara formalisasi Syari'at Islam ke dalam qanun-qanun telah melalui proses demokrasi dan tunduk kepada sistem hukum Indonesia. Qanun-qanun tersebut memuat aturan tentang akidah, mualamah, syiar Islam, dan hukum pidana Islam.

Islamic Sharia Between Aceh And The Middle East

An-Nahdah Al-’arabiyah/An-Nahdah Al-'Arabiyah, 2024

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.