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All Journal Dusturiah : Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial El-Usrah: Jurnal Hukum Keluarga Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam MAQASIDI El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law Al-Iqtishadiah: Jurnal Hukum Ekonomi Syariah AHKAM : Jurnal Hukum Islam dan Humaniora Al-Rasikh : Jurnal Hukum Islam Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan An-nisa: Journal of Islamic Family Law
Amri, Aulil
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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An Analysis of Wahbah Az-Zuhaili's Views on Interfaith Marriage and Its Implementation in Indonesian Legal Context Abdullah, Arifin; Amri, Aulil; Nadia, Varatun; Khalidi, Muhadi
MAQASIDI: Jurnal Syariah dan Hukum Vol. 4, No. 2 (Desember 2024)
Publisher : MAQASIDI: Jurnal Syariah dan Hukum published by the Islamic Criminal Law Program of the Sharia and Islamic Economics Department at the Sekolah Tinggi Agama Islam Negeri Teungku Dirundeng Meulaboh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47498/maqasidi.v4i2.3526

Abstract

Marriage is a very important need in family and a social life that is pleasing to Allah, therefore in choosing a husband and wife, Islam strongly recommends that everything be based on religious norms so that the life companion has commendable morals, there is no balance to a belief. However, the problem is that it is forbidden for Muslim men to marry polytheistic women and marriage between Muslim women and infidel men. Meanwhile, Wahbah Az-Zuhaili's opinion that Muslim men and women are different from the opinions of other scholars. This research is with the formulation of the problem: How does Wahbah Az-Zuhaili think about interfaith marriage and how is the review of Islamic law about interfaith marriage in Islamic law thinking according to Wahbah Az-Zuhaili. This research is a type of library research. whose research object is the opinion and legal istinbath used by Wahbah Az-Zuhaili. The data collection method of this research uses a method of collecting legal materials, journals, and so on. The data analysis is qualitative, that is, the analysis is carried out by grouping data, presenting the results of the analysis in the form of a narrative, and drawing conclusions. Based on the results of this study, Wahbah Az-Zuhaili knew that it is forbidden to marry a Muslim man to a polytheistic woman, interfaith marriage, a Muslim woman to an infidel man, marriage between a Muslim man and a woman who is an expert in the book. The legal identity used by Wahbah Az-Zuhaili himself is QS. Al-Baqarah Al-Mumtahanah Al-Maidah. But the woman whose books are referred to is only the descendants of the children of Israel who still hold fast to the original book that was handed down to the Prophet Moses and the Prophet Jesus AS. As a defect, the prophets Moses and Jesus were sent only for the Bani Israel.
Polarization of Profit Sharing of Paddy Cultivation in the Acehnese Community as an Attempt to Alleviate Poverty: A Study of Fiqh Muamalah Maulana, Muhammad; Amri, Aulil
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 5, No 1 (2021): 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.v5i1.8774

Abstract

This study examines the polarization of profit sharing in paddy cultivation in the tradition of the people of Aceh as an effort to alleviate poverty. This study, as the empirical or juridical sociological legal research, examines the behavior of law or operation of law in society. The study uses fiqh muamalah approach and obtains data through interviews and literature study. This study concludes that the pattern of profit sharing on the cultivation of paddy fields is categorized into a muzāra’ah aqd, which has rules specified in fiqh muamalah and promotes mutual assistance. However, traditionally, the people of West Aceh, Pidie, and Aceh Jaya utilizing leasing in managing paddy fields tend not to fully operate in accordance with the muzāra’ah aqd. This is due to the operational costs needed for the management of the fields have to be provided by the tenant farmers without financial contributions from the landowners at all. This method can easily allow the landowners to exploit the labor of tenant farmers as the tenants do not have other options aside from cultivating the land. As a result, tenant farmers find it difficult to get out of the shackles of poverty. Therefore, it takes effort to help the farmers out of poverty. It is expected that the government plays a role in the forms of the provision of aids such as seeds, fertilizers, medicines, harvesting machines, and rice threshers, with the goal to reduce expenditure costs of management and thus, the farming revenue will increase and farmers’ well-being will be achieved. 
BATAS AKHIR WAKTU SHOLAT MENURUT 4 IMAM MAZHAB Neli Maryam Sanjung; Jamhuri, Jamhuri; Amri, Aulil
Al-Iqtishadiah: Jurnal Hukum Ekonomi Syariah Vol. 5 No. 2 (2024): Al-Iqtishadiah: Jurnal Hukum Ekonomi Syariah
Publisher : Program Studi Hukum Ekonomi Syariah Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/iqtishadiah.v5i2.6599

Abstract

Sholat is an essential pillar of Islam, performed five times a day as a means of communication between the servant and God, as well as a reminder of religious duties and moral values.This study discusses the differences of opinion regarding the time limits for prayer according to the four Imam Mazhabs. The aim of this research is to understand the differing views on prayer times, which are derived from the fiqh literature of the Imam Mazhabs. Using a qualitative research approach with a descriptive-analytic method, the study gathers data through literature review. The findings of the research indicate that the time limits for prayer according to the four Mazhabs vary. According to the Hanafi Mazhab, the time for prayer starts with clear natural phenomena, such as the decline of the sun for Zuhr, and extends until the middle of the night for Isha. The Maliki Mazhab also refers to the movement of the sun but places more emphasis on the consensus of the companions and the followers (tabi'in) in determining the time. Meanwhile, the Shafi'i Mazhab is stricter in determining the time limits for prayer, while the Hanbali Mazhab prioritizes ease for Muslims to perform their worship according to their circumstances, without overly burdening them with rigid regulations.
A Siyāsah Qaḍā’iyyah Perspective on the Implementation of Article 67 of Qanun Aceh No. 6/2014 in the Mahkamah Syar‘iyyah of Banda Aceh Fanisa, Hilda; Yuhermansyah, Edi; Amri, Aulil
MAQASIDI: Jurnal Syariah dan Hukum Vol. 5, No. 1 (Juni 2025)
Publisher : MAQASIDI: Jurnal Syariah dan Hukum published by the Islamic Criminal Law Program of the Sharia and Islamic Economics Department at the Sekolah Tinggi Agama Islam Negeri Teungku Dirundeng Meulaboh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47498/maqasidi.v5i1.4629

Abstract

Aceh, as a region with special autonomy to implement Islamic law, holds the authority to enforce jināyah (criminal) law, as stipulated in Qanun Aceh Number 6 of 2014 concerning Jināyah Law. Notably, Article 67 of the Qanun provides special treatment for children who commit jarīmah (criminal acts), including the limitation of ‘uqūbah (punishment) to a maximum of one-third of the adult sentence, and rehabilitative alternatives such as returning the child to their parents or placement in a rehabilitation institution. However, implementation in the Mahkamah Syar‘iyyah (Sharia Court) of Banda Aceh reveals inconsistencies in judicial decisions and a lack of standardized technical procedures, partly due to the absence of sufficient implementing regulations, as noted in paragraph (2) of the article. This study aims to evaluate the application of Article 67 by the Mahkamah Syar‘iyyah of Banda Aceh and assess its alignment with the principles of siyāsah qaḍā’iyyah (judicial policy). The research adopts a qualitative methodology using a normative juridical approach and case studies of two jināyah verdicts involving children from 2021 and 2022. The findings indicate that the court has made efforts to implement the article; however, the forms of ‘uqūbah applied vary, ranging from limited imprisonment to rehabilitation. This reflects a flexible implementation adapted to the social and psychological conditions of the child. While the decisions generally align with child protection principles, consistency remains a significant challenge. This study highlights Article 67 as a potential meeting point between Islamic law and the national juvenile justice system.
Islamic Family Law in Tunisia: Reforms, Characteristics, and Challenges Hayati, Mala; Yati, Rahma Zulkhairi; Amri, Aulil; Azizah, Putri; Bimawan, Henri; Fitri, Inayatul
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 3 (2025): September
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i3.244

Abstract

Tunisia is a country in North Africa with a Muslim majority population that underwent significant reforms in family law after independence in 1956 through the passage of the Code du Statute Personnel (CSP). The reform is known to be progressive because it promotes gender equality and the protection of women's rights, while remaining grounded in Islamic values. Previous studies have focused more on normative aspects or described Tunisia as a model for family law reform in the Islamic world, but there is still limited research that explores the characteristics of this reform in a socio-political context, especially after the 2011 Revolution. This study uses a literature review method with a descriptive-qualitative approach to analyze regulations related to marriage, divorce, marital rights and obligations, and inheritance in Tunisian family law. The results of the study show that the reform of family law in Tunisia is marked by a balance between the principles of modernity and religious tradition, which is reflected in egalitarian policies towards women and restrictions on discriminatory practices in the family. These findings affirm Tunisia's position as a pioneer of Islamic family law reform with a distinctive model, while revealing the dynamics and challenges that arose in its implementation after the 2011 Revolution. This research provides an academic contribution in the form of a critical analysis of the Tunisian experience which can be an important reference for the development of Islamic family law in other Muslim countries.
Nafkah Pasca Talak bagi Istri Nusyuz: Telaah Yuridis atas Putusan Mahkamah Syar'iyah Banda Aceh Nomor 215/Pdt.G/2020/Ms.Bna Ulkhuluq, Nisa; Amri, Aulil; Fithria, Nurul
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 2 (2025): Juni
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i2.179

Abstract

This study aims to analyze the legal considerations of judges in determining post-divorce alimony to wives who are declared nusyuz in the practice of religious justice. In classical Islamic law, nusyuz wives are generally not entitled to alimony, but the reality in Indonesian religious courts shows that there is flexibility in its interpretation and application. This study uses a normative juridical approach with a qualitative descriptive method, based on a study of the Decision of the Banda Aceh Syar'iyah Court Number 215/Pdt.G/2020/MS. Bna. The data was analyzed through a review of laws and regulations, a Compilation of Islamic Law, and fiqh books as the main source of law. The results of the study show that even though the wife is proven to be nusyuz, the judge still determines the maintenance of iddah and mut'ah by considering social factors, such as the economic condition of the wife and the existence of young children. This consideration shows that there is a contextual approach by judges that prioritizes the principles of justice and protection for vulnerable parties. This study concludes that the practice of providing alimony to nusyuz wives can be legally justified if it is based on the principle of benefit. Therefore, it is necessary to understand the law that is adaptive to social dynamics and strengthen regulations that are in line with the sharia maqashid in realizing substantive justice in Indonesian religious courts.
PROBLEMATICS OF SETTLEMENT OF INHERITANCE RIGHTS OF DAUGHTER WITH SIBLINGS IN THE MAHKAMAH SYAR’IYAH BANDA ACEH AND ACEH Amri, Aulil
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol. 13 No. 1 (2023)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v13i1.16669

Abstract

This research discusses the Polarization of Judges' Decisions in the Settlement of Sibling Inheritance Rights (Case Study of Decision Number: 193/Pdt.G/2020/MS.Bna AND 21/Pdt.G/2021/MS.Aceh). The formulation of the problem studied is: 1. Why is there a disparity in the judge's decision regarding the position of relatives as heirs in an inheritance dispute at the Religious Court in decision number: 193/Pdt.G/2020/MS.Bna vs. 21/Pdt.G/2021/ MS. Aceh? 2. Has the judge's decision in resolving the dispute over the determination of heirs protected the rights of heirs in accordance with faraidh? This research is normative and practical juridical research, namely library research supported by results in the field in the form of interviews with related functional officials of the Banda Aceh Syar'iyah Court and Aceh Syar'iyah Court. This study concludes that: 1. The disparity in the decisions of the Banda Aceh Syar'iyah Court and the Aceh Syar'iyah Court occurred due to an understanding of the Jumhur Ulama's opinion which stated that a daughter cannot be hindered by a daughter in receiving an inheritance. Jumhur Ulama's definition of "kalalah" is the death of someone who does not have a father or son. This is in line with jurisprudence and the opinion of Ibn 'Abbas, which stipulates that girls can wear the hijab to inherit, but girls cannot wear the hijab inherited from their brothers. 2. The judge's decision at the Banda Aceh Syar'iyah Court in resolving the dispute over the determination of heirs has protected the rights of heirs in accordance with faraidh. This is because the opinion of the jumhur of scholars and the opinion of Ibn 'Abbas are in line with the opinion of the panel of judges. Then the daughter in this case is an adult and has a steady job and income, which is different from the case in jurisprudence.
The Legitimacy of Marrying a Pregnant Woman from the Perspectives of Islamic Scholars and Legislation in Indonesia Hanapi, Agustin; Amri, Aulil; Asra, Yusri
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 10 No 2 (2023): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v10i2.7328

Abstract

Shotgun marriage is a serious issue that has recently become increasingly common in society. Some men who impregnate women take responsibility and are willing to marry them, while others run away and shirk their responsibility. While some men are willing to marry women who are already pregnant, the perception still exists in some parts of society that those couples must remarry after the children are born and that the children cannot be traced back to the fathers who acknowledge it. This present study aims to answer the following question: what is the legitimacy of marrying a pregnant woman according to Islamic scholars and Indonesian law in the maslahah method? The results of the study reveal that according to Abu Hanifah and his student Muhammad, it is permissible to marry a pregnant woman if the one who marries her is the man who impregnated her. However, the marriage of a pregnant woman to a man who did not impregnate her is still a matter of debate. According to Abu Hanifah and Muhammad, it is permissible, but the man should not have intercourse with her until the child is born. According to Abu Yusuf and Zafar, it is not permissible to marry a woman who is pregnant as a result of zina (fornication) with another man because it is likened to pregnancy without zina. Imam Malik does not allow the marriage of a pregnant woman because of zina and considers such a marriage to be invalid, and the woman must undergo the iddah (waiting) period. Imam Shafi'i, on the other hand, considers shotgun marriage to be valid, regardless of whether the man who marries her is the one who impregnated her or not, and it is permissible for him to have intercourse with her even though she is pregnant because the presence of the fetus does not invalidate the marriage contract. According to the Hanbali scholars, marrying a pregnant woman is not valid unless two things have been done: she has repented and she has waited out the iddah period. Article 53 of the KHI (Kompilasi Hukum Islam/The Compilation of Islamic Law) states that a woman who is pregnant outside of marriage can be married to the man who impregnated her, and the marriage can be solemnized without waiting for the child to be born. However, the KHI should also add a phrase about a man who marries a pregnant woman who is not the one who impregnated her. This permissibility does not mean condoning zina but rather accommodating the interests of Indonesian society, which is in line with the opinion of Imam Shafi'i.
Poligami dan Penguatan Hak-hak Perempuan (Reformasi Hukum Keluarga Islam di Mesir dan Indonesia) Amri, Aulil; Syafitri, Anesia; Trisna, Albirra; Qanita; Fahri, Said
Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam Vol. 6 No. 2 (2025): Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam
Publisher : Family Law Study Program, Faculty of Sharia and Law, UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v6i2.46163

Abstract

One of the reasons for changing family law in the Islamic world is to enhance the rights of women, who often face discrimination. This change is connected to its historical background and the madhhab (interpretation) embraced by the governing body. Egypt first made adjustments to family law with Law No. 25 in 1920 and again in 1929. A key aspect that was modified in both nations was polygamy. In Indonesia, the initial adjustment to family law occurred with the Marriage Law of 1974, which was backed by the KHI. While both nations permit polygamy, it is governed by specific criteria that a husband must fulfill to engage in this practice. The objective of this research is to examine the reforms of Islamic family law in Egypt and Indonesia concerning the enhancement of women's rights, especially in relation to polygamy, and to assess how these reforms have influenced the status of women in society. This analysis employs a normative legal research methodology, utilizing a framework that combines Islamic law with positive law evaluation. Data for this research was collected through literature reviews and an examination of Islamic family law documents from Egypt and Indonesia. Findings from the study indicate that reforms in Islamic family law in both Egypt and Indonesia have resulted in meaningful advancements in supporting women's rights. In Egypt, legislation that has made polygamy requirements stricter and granted wives the privilege to initiate divorce has improved the safeguarding of women's rights. In Indonesia, the Marriage Law affecting polygamy has similarly empowered wives with the ability to seek divorce and has tightened the criteria for polygamy. Nevertheless, this research also identifies that the enforcement of these laws remains inadequate, and a significant barrier continues to be the lack of public understanding regarding women’s rights.
The Impact of Marriage Without a Guardian in the Perspective of Islamic Family Law and Indonesian Positive Law Utami, Muna; Djawas, Mursyid; Amri, Aulil
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 11, No 2 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v11i2.17608

Abstract

Marriage without a legitimate guardian (wali) is a violation of both Islamic law and Indonesian positive law, which leads to various legal and social consequences. This study aims to analyze the case of a marriage without a wali that occurred in Gampong Simpang Peut, Kuala District, Nagan Raya Regency, and the impacts caused by such a marriage in the context of both Islamic law and Indonesian positive law. Using an empirical legal method and a qualitative approach, data was collected through observation, interviews, and literature study. The informants of the research included the Head of KUA (Office of Religious Affairs) in Kuala District, the Geuchik (village head) of Gampong Simpang Peut, Tuha Peut (village elders), and Tgk. Imum Meunasah Gampong Simpang Peut. The research findings indicate that the marriage without a legitimate wali that occurred in Gampong Simpang Peut is considered invalid according to Indonesian positive law, particularly based on Article 22 of Law No. 1 of 1974 on Marriage, which states that a marriage may be annulled if it does not fulfill the stipulated requirements, including the presence of a legitimate wali. Additionally, Article 71 (e) of the Compilation of Islamic Law (KHI) stipulates that a marriage conducted without a wali or with an unqualified wali is legally void. Social impacts arising from this include negative stigma toward the involved couple, conflicts between families, and legal uncertainties concerning the status of children born from the marriage. From an Islamic law perspective, marriage without a legitimate wali contradicts the principles of Islamic law, which requires the wali as an essential element of the marriage contract. According to the Shafi'i school of thought, marriage without a valid wali is considered fasid (defective) and invalid. This is further supported by Articles 14 and 19 of the KHI, which state that a marriage conducted without a legitimate wali can be annulled by the Religious Court. Furthermore, the Hadith of Prophet Muhammad SAW, which states, "There is no marriage except with a wali" (HR. Abu Dawood), emphasizes that the presence of a wali is a necessary condition for a valid marriage under Islam.
Co-Authors Abdullah, Suarni Agustin Hanapi Andi Sugirman, Andi Arifin Abdullah asni zubair Asra, Yusri Athira, Asla Azizah, Putri Bimawan, Henri Binti Idereh, Nur Fatin Adila Edi Darmawijaya Edi Yuhermansyah Fadli, Ricki Fahri, Said Fanisa, Hilda Fithria, Nurul Fitri, Inayatul Israr Hirdayadi Iyasi, Minny Jamhuri, Jamhuri Linda Linda M Yunus, Fakhrurrazi MALA HAYATI, MALA Muhadi Khalidi Muhammad Maulana Mursyid Djawas Nadia, Varatun Naylul Muna, Suci Neli Maryam Sanjung Nurma Yunita, Nurma Qanita Raihan, Meuthia Riski, Afdhala Solin, Siti Dian Natasya Syafitri, Anesia Syamsiar, Syamsiar Tajul Iflah, Tajul Trisna, Albirra Ulkhuluq, Nisa Utami, Muna Wati, Khairina Yati, Rahma Zulkhairi