This Author published in this journals
All Journal Jurnal Hukum Pelita
Francis Maryanne Pattynama
Universitas Maarif Hasyim Latif, Jawa Timur

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

Analisis Yuridis Tentang Penerapan Hukum Syariah dalam Pembagian Waris bagi Masyarakat Aceh Muhammad Imron Rosyadi; Ratu Pricilia Putri Erwina; Masnun Masnun; Alvi Rahmawati; Amri Abdi Bachtiar Putra; Francis Maryanne Pattynama
JURNAL HUKUM PELITA Vol. 7 No. 1 (2026): Jurnal Hukum Pelita Mei 2026
Publisher : Direktorat Penelitian dan Pengabdian (DPPM) Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jhp.v7i1.7125

Abstract

The right of the province of Aceh to use the Islamic law is the only province in Indonesia that has received the privilege to use the law in inheritance among others as enshrined in the constitution. Aceh Sharia Court is the leader in the cases of inheritance solution based on Law No. 11/2006, Aceh Qanun No. 8/2014 and Qanun No. 4/2015. In 2023, with the help of Syar’iyah, the solution to 312 cases related to inheritance was done, however, around 60% of the population of the North Aceh region adheres to the traditional decision-making, in other words, it influences the values of the family and the willingness to preserve the peace. The “patahtiti” and “hareutapeunulang” live even though at certain points they contradict the Islamic jurisprudence. This study is an exemplary juridical stance of a controlling and circumstantial style, which examines primary and secondary data. Tempenya discusses the dualism of customary law and sharia that are dangerous, however he leaves some room of toleration of the local values provided it does not contradict the sharia principles. The legal impacts are the Qanun legal certitude, greater social justice to women and children (40% of official cases are prosecuted to women) and its easy harmonization with the legal system of a country. Among important issues, it is possible to single the differences in interpretation of Islamic scholars, lack of legal literacy and lack of judicial infrastructures. The solutions suggested are to elevate the standard of the teaching of the level of the Islamic law of the mosques and the Islamic boarding schools (dayah), to train the judges in a way that will stabilize the interpretations and to further increase the practice of the Qanun rules in a way that the interaction of the custom and the sharia will provide substantive justice