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All Journal Al-Mudharabah An-nisa: Journal of Islamic Family Law
Riza Afrian Mustaqim
Universitas Islam Negeri Ar-Raniry Banda Aceh, Indonesia
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Beyond Formal Courts: The Role of Customary Institutions in Resolving Divorce Disputes in East Aceh, Indonesia Nabila Miswar; Ida Friatna; Riza Afrian Mustaqim; Maryna Chernysh; Munkh-Erdene Batdulam
An-Nisa: Journal of Islamic Family Law Vol. 3 No. 1 (2026): Maret
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v3i1.489

Abstract

This study examines the authority, effectiveness, and practices of divorce dispute resolution conducted by customary institutions in Lhok Dalam Village, Peureulak District, East Aceh, Indonesia. The research addresses the growing interaction between customary mechanisms and formal religious courts in resolving family disputes within Acehnese society. Using a qualitative socio-legal approach, data were collected through in-depth interviews with customary leaders and community members, field observations, and document analysis. The data were analyzed using descriptive-analytical techniques to identify patterns of authority, mediation practices, and institutional limitations within the customary dispute resolution process. The findings reveal that customary institutions possess strong moral and social legitimacy in mediating marital conflicts before cases are submitted to the Mahkamah Syar’iyah. Divorce disputes are generally addressed through deliberative dialogue, religious advice, and reconciliation efforts (islah) aimed at restoring family harmony. This process is perceived as effective in reducing social tensions, preventing premature divorce, and preserving community dignity and social cohesion. However, the study also finds that the effectiveness of customary mediation remains institutionally limited because the outcomes lack formal legal recognition within the state legal system. Consequently, decisions reached through customary mediation cannot always guarantee legal certainty for the parties involved. This study recommends strengthening the role of customary institutions by establishing formal documentation of mediation outcomes, enhancing the capacity of customary leaders through legal and mediation training, and developing institutional collaboration with the Mahkamah Syar’iyah to ensure both social legitimacy and legal certainty in divorce dispute resolution.
Patriarchal Dominance and Domestic Violence: A Family Law Perspective in North Aceh Dedi Rismayadi; Alimuddin Alimuddin; Riza Afrian Mustaqim; Zulhilmi Bin Paidi; Zinah Younus
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 4 (2025): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i4.269

Abstract

This paper examines patriarchal dominance as a driving factor of domestic violence, the focus of research in this paper is on gender inequality, violence and infidelity from the perspective of positive law and Islamic family law, experienced by one family in Aceh. The problem of gender inequality has been going on for a long time. Gender inequality is still a concern in developed and developing countries around the world, and this contributes to the increasing practice of discrimination against vulnerable groups, especially women. Indonesia's patriarchal culture was brought from the colonial state. Therefore, women often experience discrimination in society in various ways. Research files (field approach) from Cot Matahe, Syamtalira Bayu District, North Aceh Regency, were used to collect data in this paper using qualitative research methodology. This study focuses on the perspective Through the conflict perspective of the multidimensional approach used to review this issue, it can be concluded that patriarchal culture is one of the major factors in the many discriminatory treatments against women to date, which are mostly dominated by men.
LEGAL PROTECTION FOR LOCAL PRODUCTS IN ASEAN MARKET LIBERALISM: A Legal Analysis and Fiqh Muamalah Perspective Rozatul Fadilla Azza; Chairul Fahmi; Riza Afrian Mustaqim
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol. 7 No. 1 (2026): Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/al-mudharabah.v7i1.9675

Abstract

Market liberalisation in Southeast Asia through the ASEAN Economic Community (AEC) has created a new economic paradigm that emphasises the free flow of goods, services, and investment. However, this integration poses significant challenges to the sustainability of local products, especially those produced by Micro, Small, and Medium Enterprises (MSMEs). This journal aims to analyse in depth the legal protection mechanisms for local products in Indonesia within the framework of ASEAN liberalism and review them from the perspective of Fiqh Muamalah. Using a normative juridical approach, this study examines the synchronisation of Indonesian positive law, such as the Trade Law and the Job Creation Law, with sharia principles such as justice (‘adl), benefit (maslahah), and protection (himayah). The analysis shows that although national legal instruments have sought to protect through non-tariff measures and the empowerment of MSMEs, structural imbalances and regulatory ambiguities continue to harm local producers. The Fiqh Muamalah perspective offers a reconstruction of policy through the state’s role as murabbī (guide) to ensure market balance and economic sovereignty for the people.
Co-Authors Alimuddin Alimuddin Chairul Fahmi Dedi Rismayadi Ida Friatna Maryna Chernysh Munkh-Erdene Batdulam Nabila Miswar Rozatul Fadilla Azza Zinah Younus Zulhilmi Bin Paidi