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All Journal Dusturiah : Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam PETITA: Jurnal Kajian Ilmu Hukum dan Syariah (PJKIHdS) SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial Taqnin: Jurnal Syariah dan Hukum Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial El-Usrah: Jurnal Hukum Keluarga El-Faqih : Jurnal Pemikiran dan Hukum Islam Media Syari'ah: Wahana Kajian Hukum Islam dan Pranata Sosial Jurnal Ekonomi Syariah, Akuntansi dan Perbankan (JESKaPe) Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam SANGAJI: Jurnal Pemikiran Syariah dan Hukum MAQASIDI Supremasi Hukum: Jurnal Kajian Ilmu Hukum Qonun Jurnal Hukum Islam dan Perundang-Undangan 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 JURISTA : Jurnal Hukum dan Keadilan Quru’: Journal of Family Law and Culture Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Al-Mudharabah Al-battar: Jurnal Pamungkas Hukum An-nisa: Journal of Islamic Family Law Al Fuadiy: Jurnal Hukum Keluarga Islam
Aulil Amri
Universitas Islam Negeri Ar-Raniry Banda Aceh
Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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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.
Handling Cases of Child Sexual Abuse from an Islamic Legal Perspective (Case Study at DP3A Banda Aceh) Nada Adzkia; Fakhrurrazi M. Yunus; Aulil Amri
QURU’: Journal of Family Law and Culture Vol. 3 No. 3 (2025): QURU’: Journal of Family Law and Culture
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v3i3.482

Abstract

The protection of children is a fundamental aspect of Islamic teachings, especially in terms of sexual violence that touches on issues of morality, dignity, and humanity. Islam strictly prohibits adultery and actions that lead to it, including sexual abuse of children. A severe issue that persists in Indonesia is sexual violence against minors, including in Banda Aceh City, with various forms ranging from harassment to rape. Children who should receive protection actually become victims in their immediate environment, such as family, neighbours, and even peers. Through a case study at DP3A Banda Aceh, this study seeks to examine how situations of sexual abuse against children are handled from the standpoint of Islamic law. Data were gathered through observations, interviews, and literature reviews from books, journals, rules and regulations, and Qur'anic verses using a legal sociological method and a normative-empirical juridical approach. The study was descriptive and qualitative in nature. According to the study's findings, DP3A Banda Aceh plays a significant role in providing social recovery, legal support, and psychological support to victims of sexual assault against minors. However, this effort still faces various challenges, such as minimal reporting of cases, social stigma against victims, and limited human resources and coordination between institutions. In the context of Islamic law in Aceh, handling this case requires a comprehensive approach, integrating religious values, local customs and the national legal system to give children, the country's future generation, the best possible protection.
Reformasi Hukum Keluarga Islam di Brunei Darussalam: Studi atas Kodifikasi dan Adaptasi Mazhab Syafi'i dalam Konteks Modern Septia Nabila; Siska Yani; Nazirah Sukma; Nurul Afifah; Jamilah; Al Aziz; Aulil Amri
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 11 No. 1 (2025): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This article examines the reform of Islamic family law in Brunei Darussalam, emphasizing its statutory codification within a modern state framework while retaining Syafi’i orthodoxy. Using a qualitative library research method, it analyzes regulatory transformations in marriage registration, minimum marriage age, judicially-controlled polygamy, divorce procedures, and obligatory bequest (wasiat wajibah). The findings show that Brunei adopts a strong state-centric legal model—requiring formal registration and court approval for polygamy—making it more centralized than Indonesia but less secular than Malaysia, which permits broader judicial discretion. This model reflects a hybrid approach that preserves Syafi’i legal heritage while institutionalizing bureaucratic control to ensure legal certainty and social order.
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.
THE MANIFESTATION OF LAW IN THE ENFORCEMENT OF HUMAN RIGHTS IN INDONESIA: Legal Review of the Role of Komnas HAM in Aceh Zi, Fairuzi; M. Yunus, Fakhrurrazi; Amri, Aulil
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol. 16 No. 1 (2026): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/w13gg647

Abstract

Although human rights are considered basic rights that are not determined by social views or state legitimacy and are given to every individual from birth, in the context of Indonesia, even though Komnas HAM was established through Presidential Decree No. 50 of 1993 to protect human rights, its implementation still faces various challenges. One of the main problems is the lack of optimisation in the enforcement of human rights. This raises questions about the extent of the state's commitment to protecting human rights and its efforts to strengthen law enforcement mechanisms. The results of the study show that although Indonesia has adequate legal instruments to guarantee human rights, their implementation in the field still leaves gaps. In this study, the author uses qualitative methods with a field research and document analysis approach. The results of this study show that the manifestation of human rights in the Indonesian legal system is realised through the strengthening of regulations, the optimisation of mechanisms for affirming the role and authority of Komnas HAM, and improved coordination between law enforcement agencies.
Tinjauan Maqasid Syariah terhadap Penolakan Hakim dalam Gugatan Hak Asuh Anak bagi Ayah ataupun Ibu Putra Ramadan; Badrul Munir; Aulil Amri
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2025): July-December, Al Fuadiy : Journal of Islamic Family Law
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v7i2.1674

Abstract

The implementation of maqasid al-shariah in child custody cases at the Banda Aceh Sharia Court reflects a paradigm shift from a textual application of Islamic law toward a contextual approach that prioritizes the welfare of the child. The analysis of three judicial decisions reveals that judges integrate the principles of protecting life (hifz al-nafs), lineage (hifz al-nasl), and intellect (hifz al-‘aql) into their legal reasoning. This interpretive approach produces a balance between normative and substantive justice, portraying Islamic law as a humane and context-sensitive system within the dynamics of modern family life. The application of maqasid al-shariah in Aceh’s family courts demonstrates that Islamic law possesses the flexibility to address contemporary human concerns while preserving its theological integrity. Consequently, the maqasid-based adjudication paradigm offers an alternative model for Indonesia’s Islamic legal system—one that harmonizes scriptural principles with social realities and ethical objectives.
The Impact of the Delay in Inheritance Distribution on Harmony Within the Extended Family in Darul Makmur District, Nagan Raya Regency Ricki Fadli; Suarni Abdullah; Aulil Amri
AHKAM Vol 4 No 4 (2025): DESEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i4.7964

Abstract

This study analyzes the impact of delayed inheritance distribution on family harmony in Darul Makmur District, Nagan Raya Regency, and examines this practice from the perspective of Islamic law. The research is motivated by the frequent postponement of inheritance distribution in the community, which often escalates into disputes and intra-family conflict. Using a qualitative method with a juridical-empirical approach, the study draws on in-depth interviews and document analysis of three delayed inheritance cases that occurred in the villages of Suka Ramai, Ladang Baru, and Ujong Tanjong. The findings reveal that postponing inheritance distribution has detrimental consequences for family relations, including broken communication, jealousy, mistrust, and even open conflict among heirs. From an Islamic legal perspective, delaying inheritance distribution without a valid syar'i reason constitutes an act of injustice because it withholds the rights of others and violates the principle of fairness prescribed in the Qur'an and Sunnah. The study concludes that inheritance should be distributed promptly after the deceased's obligations have been fulfilled in order to safeguard justice, preserve family harmony, and promote overall family well-being.
The Impact of Marriage Without a Guardian in the Perspective of Islamic Family Law and Indonesian Positive Law Muna Utami; Mursyid Djawas; Aulil Amri
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 Ade Khoirunnisa Afdhala Riski Agustin Hanapi Al Aziz Albirra Trisna Alray Habib Azmi Andi Sugirman, Andi Anesia Syafitri Ardha Saqal Arifin Abdullah Asla Athira asni zubair Asra, Yusri Azka Amalia Jihad Badrul Munir Badrul Munir Binti Idereh, Nur Fatin Adila Claire Lajaunie Edi Darmawijaya Edi Yuhermansyah Faisal Yahya Fakhrurrazi M Yunus Fakhrurrazi M. Yunus Fanisa, Hilda Fariqan Malhusna Fatima Zohra Benali Fatya Zahra Siahaan Fauzan Azhima Hany Khairunnisa Kobat Hasnul Arifin Melayu Ibrahim Adeyemi Adewumi Israr Hirdayadi Iyasi, Minny Jamhuri, Jamhuri JAMILAH Khairina Wati Linda Linda Maila Lidinia Malikul Rahman Siddik Maryam Thahira Mawaddah Mawaddah Miftah Anwar Minny Iyasi Misran Ramli Muhadi Khalidi Muhammad Abrar Muhammad Hafid Siddiq Muhammad Hafid Siddiq Muhammad Maulana Muna Utami Mursyid Djawas Muslem Abdullah Muslim Nabila Miswar Nada Adzkia Nadia, Varatun Naylul Muna, Suci Nazirah Sukma Neli Maryam Sanjung Nesi Alia Putri Nisa Ulkhuluq Nissa Azra Nabila Nova Rina Legsa Noval Faiz Anugrah Harahap Nur Fatin Adila Binti Idereh Nur Muhajirah Siagian Nurul Afifah Nurul Fithria Nurul Fithria Nurul Fithria Putra Ramadan Qanita Raihan, Meuthia Ramadan, Putra Retno Arimbi Dewi Ricki Fadli Said Fahri Saifullah M. Yunus Saniah Amatillah Septia Nabila Shabrina Rusliansyah Siska Yani Siti Nurliyana Siti Samra Siti Samra Solin, Siti Dian Natasya Suarni Abdullah Suci Naylul Muna Syamsiar, Syamsiar Tajul Iflah Tajul Iflah, Tajul Zi, Fairuzi