Implementation Place of ‘Uqubat Canings in Fiqh Perspective (Analysis of Aceh Governor Regulation Number 5 of 2018) (original) (raw)
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The Implementation of Islamic Qanun Law in the Modern Aceh Society
Proceedings of the 1st Raden Intan International Conference on Muslim Societies and Social Sciences (RIICMuSSS 2019), 2020
Aceh is a province that exists at the most northern tip of Sumatra Island, which has a variety of different ethnic groups, living side by side with one another, carrying out Islamic law or the Qanun law. The qanun is a regional regulation that is not owned by other provinces, but it must be obeyed by all levels of society in Aceh Province. This paper is aimed at exploring the implementation of the qanun law in Aceh society. To obtain data, direct observations are made to observe the community, and interview the relevant parties. This paper finds out that not all people in Aceh obey the qanun, because Acehnese people are plural. Yet, in order to support the implementation of the qanun law in reality, some efforts have been carried out continually by the regional government, as evidenced by the enactment of the Aceh Qanun Number 6 of 2014, concerning jinayat (criminal) law, and of the Aceh Qanun, number 7, 2013, concerning jinayat procedural law. Although many people cannot accept the implementation of the punishment, the rules must be followed.
Samarah: Jurnal Hukum Keluarga dan Hukum Islam, 2021
The purpose of this paper is to describe the position of the Qanun Jinayat as a forum for the implementation of Sharia in Aceh within the framework of the Indonesian constitution. It is considered essential because the implementation of Sharia is conducted based on the UUPA (Law on Governing of Aceh). However, its implementation is often misunderstood, causing the implementation of Sharia to face many challenges from various parties, including the government's official institutions. This article is written to answer the main problem: the alignment of regulations, qanuns, with other laws and regulations. This study is normative legal research using a legal history approach. The analytical tools used are the theory of leveling norms and asymmetric decentralization. The study results show that the Sharia qanuns in Aceh, especially the Qanun Jinayat, have a different position from the regional regulations in other provinces in Indonesia. The difference lies in the special right of t...
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.
IMPLEMENTATION OF ISLAMIC SHARIAH IN SPECIAL AUTONOMY: A Case of Aceh Province
Abstrak: Pelaksanaan Syariat Islam dalam Kerangka Otonomi Khusus: Studi Kasus di Provinsi Aceh. Mengemukanya isu pelaksanaan syariat Islam di Indonesia, muncul sejak perumusan bentuk negara Indonesia. Isu tersebut menguat kembali pada era Reformasi, setelah diberlakukannya Undang-undang Nomor 22 Tahun 1999 tentang Pemerintahan Daerah. Sejalan dengan hal itu, pelaksanaan Syariat Islam di Provinsi Aceh memiliki legalitas dan diakui oleh konstitusi Negara Republik Indonesia. Pengakuan negara terhadap pelaksanaan syariat Islam di Aceh sebagai otonomi khusus, didasarkan pada Undang-undang Nomor 44 Tahun 1999 tentang Penyelenggaraan Provinsi Daerah Istimewa Aceh dan Undang-undang Nomor 11 Tahun 2006 tentang Pemerintahan Aceh. Dari kedua Undang-undang tersebut telah disahkan sejumlah kanun bidang Syariat Islam.Tulisan ini menggambarkan permasalahan tersebut dan implikasinya pada percepatan penerapansyariat Islamserta implementasinya di Aceh. Abstract: The emergence of the implementation of Islamic law issue in Indonesia had initially begunsince the discussion of state form in post-independence Indonesian. The issue was more insistently voiced in the reform era, following the collapse of the New Order regime, especially after the enactment of Law No. 22 of 1999 on Regional Government. In line with this development, the implementation of shariah in Aceh province hasbeen legally recognized by the Constitution of the Republic of Indonesia as well as Pancasila and the 1945 Constitution. State recognition of the implementation of Islamic law in Aceh as special autonomy, based on Law Number 44 of 1999 concerning organization of the privilege of the Special Province of Aceh and Law No. 11 of 2006 on the Government of Aceh. On the bases of the two laws, a number of kanuns have been introduced which consequently boost up the implementation of Islamic shariah in Aceh.
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.
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.
Journal of Transcendental Law, 2021
Aceh is a province that has privileges compared to other regions in Indonesia, the privilege of Aceh is to be able to carry out the aspirations and dreams of the Acehnese people so that they carry out Islamic Sharia properly and are protected by state laws that will create a civil society based on the Kaffah Islamic Sharia. In compiling the Rules and Implementation based on Islamic Shari'ah, the Acehnese government established an institution that houses Aceh's Islmic scholars and has the authority to provide Islamic legal considerations in drafting Qanun and legal rules in Aceh, the institution is Aceh Islamic Scholar Consultative Assembly (MPU). The study uses a normative approach that focuses on the study of laws/regulations issued by Aceh Islamic Scholar Consultative Assembly by looking directly at the rules and classifying Fatwa, Ijma'a, Qiyas, and Aceh Islamic scholar's views which will be deductively concluded. Based on the analysis of the legal products issued by Aceh Islamic Scholar Consultative Assembly, it is clear that the application of Qawaid Fiqh is considered and becomes a source of rules in decisions relating to Contemporary but the use of Qawaid Fqih in several Fatwas and Decrees is not clearly stated in the Qawaid Fiqh used.
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.