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All Journal Dusturiah : Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial 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 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) AT-TASYRI' Jurnal Ilmiah Prodi Muamalah Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam 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.
Hukum Keluarga Islam di Arab Saudi: Dinamika, Tantangan, dan Arah Reformasi Hany Khairunnisa Kobat; Maila Lidinia; Nesi Alia Putri; Azmi, Alray Habib; Muhammad Abrar; Aulil Amri
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 2 (2025): Agustus
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i2.266

Abstract

This journal aims to specifically examine Islamic Family Law in Saudi Arabic, including history, legal sources, and basic matters such as marriage, inheritance, divorce, wills adoption, and waqf. The method used is a literature study of Islamic legal literature and regulation and schools of tought based on the Al-Qur’an and Hadist. The result of study indicate that Arab Islamic Family Law has undergone significant changes, especially since the establishment of the kingdom of Sa’ud Ibn Muhammad Ibnu Mukran. However, challenges still exist in society, public understanding, and critism of sereval provisions that are considered gender biased. Legal reform and contextualization are still needed so that Islamic family law can provide more equitable justice for all Muslims In Saudi Arabia. Local people tend to follow the Imam Hambali and Sunni schools of tought, this is why the are differences in every challenge that occurs in society.the exictence of regulation on marriage provides certainty, maintains sharia so that it is maintained, creates order, and maintains stability in the household. This reflects the existing values that remain in sync with the very strong and diverse Saudi Arabian culture, especially regarding the rights and obligations of men and women in building a household. The legal system used still uses both traditional and modern legal 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.
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.
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.
Comparison of Islamic Family Law in Malaysia and Indonesia Ade Khoirunnisa; Retno Arimbi Dewi; Fatya Zahra Siahaan; Siti Samra; Aulil Amri
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.v2i2.226

Abstract

Islamic family law in Malaysia and Indonesia has the same sharia basis but differs in its application due to the influence of the legal system, culture, and state policies. This comparison is important to understand the variation of regulations and their implications for Muslim communities in both countries. This study aims to analyze the similarities and differences of Islamic family law in Malaysia and Indonesia, especially in the aspects of marriage, polygamy, and inheritance, and to examine the effectiveness of its implementation. This study uses a normative juridical method with a comparative approach. Primary data sources include the Enakmen of the Melaka State Law Number 12 of 2002, the Selangor State Law Draft, the Islamic Family Law Enakmen Number 17 of 2003 (Malaysia), and Law Number 1 of 1974, Law Number 16 of 2019, and the Compilation of Islamic Law (Indonesia). Data collection techniques were carried out through library research, with data analysis using descriptive analysis and content analysis of applicable legal provisions. Research shows that although Malaysia and Indonesia are both based on sharia, Malaysia tends to be more structured in regulating polygamy and inheritance, while Indonesia is more flexible by considering customary law. Differences are also seen in the authority of the judicial institution, where Malaysia has autonomous Sharia Courts per state, while Indonesia implements a centralized system through the Religious Courts.
Eksplorasi Komprehensif Hukum Keluarga Islam di Indonesia: Sejarah, Prinsip, dan Praktik Kontemporer Aulil Amri; Fariqan Malhusna; Maryam Thahira; Nissa Azra Nabila; Nabila Miswar; Saniah Amatillah; Ibrahim Adeyemi Adewumi
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.v2i2.227

Abstract

This paper aims to comprehensively examine Islamic Family Law in Indonesia, focusing on its historical development, legal sources, and core components such as marriage, inheritance, divorce, wills, adoption, and gifts. The method used is a literature review of Islamic legal texts and national regulations, particularly the Compilation of Islamic Law (KHI) and the Marriage Law. The results show that Islamic Family Law in Indonesia has significantly evolved, especially since the enactment of Law No. 1 of 1974 and the implementation of KHI through Presidential Instruction No. 1 of 1991. Nevertheless, challenges remain in terms of implementation, public understanding, and criticism of certain provisions perceived as gender- biased. Ongoing reform and contextualization are needed to ensure Islamic family law delivers more equitable justice in Indonesia’s pluralistic society.
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.
Co-Authors Ade Khoirunnisa Agustin Hanapi Al Aziz Alrawasdeh, Ziyad Andi Sugirman, Andi Arifin Abdullah asni zubair Asra, Yusri Athira, Asla Azizah, Putri Azka Amalia Jihad Azmi, Alray Habib Badrul Munir Badrul Munir Benali, Fatima Zohra Bimawan, Henri Binti Idereh, Nur Fatin Adila Edi Darmawijaya Edi Darmawijaya Edi Yuhermansyah Fahri, Said Faisal Yahya Fakhrurrazi M. Yunus Fanisa, Hilda Fariqan Malhusna Fatya Zahra Siahaan Fithria, Nurul Fitri, Inayatul Genovés, Manuel Beltrán Hany Khairunnisa Kobat Hasnul Arifin Melayu Hayatusyifa, Noor Fadillah Ibrahim Adeyemi Adewumi Israr Hirdayadi Iyasi, Minny Jamhuri, Jamhuri JAMILAH Khairina Wati Lajaunie, Claire Linda Linda Liza, Firli Jundy Lizawati, Nur Maila Lidinia MALA HAYATI, MALA Maryam Thahira Masykar, Tabsyir Minny Iyasi Misran Ramli Mohammad Nasir, Nur Syahirah Binti 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 Nissa Azra Nabila Nova Rina Legsa Nur Fatin Adila Binti Idereh Nur Muhajirah Siagian Nurma Yunita Nurma Yunita, Nurma Nurul Afifah Nurul Fithria Putra Ramadan Qanita Raihan, Meuthia Ramadan, Putra Retno Arimbi Dewi Ricki Fadli Riski, Afdhala Rusliansyah, Shabrina Saifullah M. Yunus Saniah Amatillah Septia Nabila Siska Yani Siti Nurliyana Siti Samra Solin, Siti Dian Natasya Suarni Abdullah Suci Naylul Muna Sufrizal, Sufrizal Sumardi Efendi Syafitri, Anesia Syamsiar, Syamsiar Tajul Iflah Tajul Iflah, Tajul Tarmizi, Rahmat Trisna, Albirra Ulkhuluq, Nisa Utami, Muna Wati, Khairina Yati, Rahma Zulkhairi Zi, Fairuzi Zikry Rahmatillah