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All Journal SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Kanun: Jurnal Ilmu Hukum
Yunus, Ilyas
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Law, Crime, Criminology & Criminal Justice Social Sciences

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THE CONCEPT AND IMPLEMENTATION OF SUBSTITUTE HEIRS AT THE SHARIA COURT OF ACEH PROVINCE, INDONESIA Yunus, Ilyas; Rani, Faisal A.; Mahfud, Mahfud; Muzakkir, Muzakkir
Kanun Jurnal Ilmu Hukum Vol 26, No 1: April 2024: Islam and Human Rights: National and Global Perspective
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v26i1.31877

Abstract

The Quran and Hadiths specify rightful recipients of Zawil Furudl inheritance, creating a loophole for substitute heirs. Islamic scholars debate the concept of successor inheritance. This study explores substitute heirs and their status as alternate beneficiaries in Aceh's Sharia Court. The Aceh community rejects substitute heirs due to classical philosophy requiring the successor to be alive at the original heir's death. Despite not being present in fiqh and adat literature, substitute heirs are recognized in the Shariah Court under Article 185 of the Indonesian Compilation of Islamic Law. This recognition aligns with the objectives of Islamic law for justice and benefit. Legal pluralism allows for this practice, emphasizing harmonization between legal systems
Construction of New Norms for the Implementation of Fines in Narcotics Cases in Indonesia Bakhtiar, Bakhtiar; Din, Mohd; Yunus, Ilyas; Darmawan , Darmawan
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 10 No. 1 (2026): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v10.i1.33418

Abstract

Narcotics abuse constitutes a violation of statutory regulations, particularly Article 7 of Law No. 35 of 2009 on Narcotics, which restricts the use of narcotics to health services and the advancement of science and technology. Narcotics abuse may result in serious consequences not only for individuals but also for society, especially the younger generation. In Indonesia, narcotics misuse has spread across all levels of society, from lower to upper classes. Apart from causing dependency, narcotics consumption frequently leads to death. This circumstance poses a significant threat to the sustainability of society, the nation, and the state, placing Indonesia in a state of narcotics emergency. Accordingly, the Narcotics Law prescribes stringent sanctions, including the death penalty, imprisonment, and fines as additional or substitute penalties for convicted offenders. This study examines the imposition of fines as a substitute for imprisonment and explores judicial considerations in delivering such decisions. The study employs a normative legal method. Findings reveal that convicted persons tend to prefer imprisonment to paying fines, mainly because the fines imposed are excessively high and beyond their financial capacity. As a result, the potential state revenue from fines is not realized, while the state must instead bear substantial expenses to maintain prisoners during their incarceration. Therefore, a reconstruction of legal norms is necessary to achieve a more proportional and effective regulation of fines and imprisonment.
Co-Authors Bakhtiar Bakhtiar Darmawan , Darmawan Faisal A. Rani Mahfud Mahfud Mohd Din, Mohd Muzakkir Muzakkir