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CONTRIBUTION OF KERINCI TRADITIONAL INSTITUTIONS IN RESOLUTION OF SYIQAQ DISPUTES Elmina, Sovia; Sulfinadia, Hamda; Ahmad Nadzri, Amirulhakim Bin
Hukum Islam Vol 23, No 2 (2023): HUKUM ISLAM
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/hi.v23i2.23001

Abstract

Kumun Debai has a traditional institution as a judiciary in resolving customary disputes including syiqaq disputes. The Kumun Debai traditional institution has had many successes in resolving disputes peacefully. However, people today who are in the midst of domestic conflicts, such as syiqaq , prefer to take legal action in the hope that a divorce will be granted. The aim of this research is to examine the process of resolving syiqaq disputes through Traditional Institutions in Kumun Debai. This research is qualitative in nature, in this research the data collection technique used is an interview technique which is considered primary data. The results of the research show that the process of resolving syiqaq disputes through traditional institutions is that first, traditional institutions receive complaints from disputing parties to help resolve the dispute, secondly, traditional institutions attend invitations from disputing parties at the specified time, thirdly , traditional institutions request each parties explain the problems that occur, fourth of the problems raised by traditional institutions research, study, draw conclusions and provide direction or advice to the parties in dispute in accordance with customary law, fifth traditional institutions ask for decisions from both parties to the dispute, sixth settlement by apologizing and the parties make an agreement either verbally or in writing.      
Why the Growth of Qanun Jinayah in Aceh was Slowly? An Analysis Using Structural Functionalism Theory Roslaili, Yuni; Suparwany, Suparwany; Ahmad Nadzri, Amirulhakim Bin
Al-Risalah Vol 21 No 2 (2021): December 2021
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (354.641 KB) | DOI: 10.30631/alrisalah.v21i2.928

Abstract

The growth of Qanun Jinayah in Aceh is running stagnantly, although the implementation of Islamic Sharia has been implementing for seventeen years. The local government ratified only five qanun Jinayah.  In fact, within that time, Aceh Government had imposed 177 qanuns and the crime rate in the region is increasing. Based on the case, this article aims to discuss recent progress of Jinayah law in Aceh and the challenges it faces. Then, using structural-functionalism theory discuss how coordination among sharia institutions worked as part of totality implementation of Islamic law in Aceh. By using qualitative and descriptive-interpretative methods, to examine interpretations and experiences of the subjects, in this case the sharia institutions, including Islamic Sharia Office, the Ulama Consultative Council, Sharia Court, and Sharia police, during their effort to implement Islamic Sharia. And finally, draw conclusion that the growth and development of Jinayah law in Aceh was prolonged because of weak coordination function among the sharia institutions. Therefore, it required a systematic approach based on structural-functionalism theory to encourage coordination between the sharia institutions in supporting the kaffah implementation of Islamic law in Aceh, including its Jinayah law.
GUIDANCE ON MARRIAGE AND ISLAMIC FAMILY LAW: STRENGTHENING FAMILY RESILIENCE IN FACING THE DYNAMICS AND COMPLEXITIES OF CONTEMPORARY FAMILIES Febrianti, Lora; Sulfinadia, Hamda; Ahmad Nadzri, Amirulhakim Bin
al-Mawarid Jurnal Syariah dan Hukum (JSYH) Vol. 7 No. 1 (2025): al-Mawarid Jurnal Syariah dan Hukum (JSYH)
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/mawarid.vol7.iss1.art6

Abstract

Purpose - This study aims to analyze the implementation of marriage guidance in the Religious Affairs Office (KUA) of the East Padang Sub-district and identify the inhibiting factors. This study also examines the relevance of marriage guidance from the perspective of contemporary family law, especially in improving family resilience by understanding the rights and obligations of husbands and wives. Methods: This research is qualitative field research. Data were collected through interviews with the Religious Affairs Office Staff, prospective brides, and other resources involved in marriage guidance. The descriptive analysis method was used to understand the implementation patterns and constraints of this guidance program. Findings - The results showed that marriage guidance at the Religious Affairs Office (KUA) of East Padang Sub-district was conducted one week before the marriage contract. The material presented includes household development, responsibilities and obligations of husbands and wives, educating children, and worship in the household. The delivery of the material involved the KUA, the Health Office, BKKBN, religious counselors, and traditional leaders using lectures, questions and answers, and discussions. The main inhibiting factors were the discipline of the bride and groom and a lack of awareness of the importance of marriage guidance. Contributions/Limitations - This study contributes to understanding the role of marriage guidance in building family resilience when facing challenges in the contemporary era. The findings can serve as a reference for policymakers seeking to improve the effectiveness of marriage guidance in Indonesia.
Why the Growth of Qanun Jinayah in Aceh was Slowly? An Analysis Using Structural Functionalism Theory Roslaili, Yuni; Suparwany, Suparwany; Ahmad Nadzri, Amirulhakim Bin
Al-Risalah Vol 21 No 2 (2021): December 2021
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v21i2.928

Abstract

The growth of Qanun Jinayah in Aceh is running stagnantly, although the implementation of Islamic Sharia has been implementing for seventeen years. The local government ratified only five qanun Jinayah.  In fact, within that time, Aceh Government had imposed 177 qanuns and the crime rate in the region is increasing. Based on the case, this article aims to discuss recent progress of Jinayah law in Aceh and the challenges it faces. Then, using structural-functionalism theory discuss how coordination among sharia institutions worked as part of totality implementation of Islamic law in Aceh. By using qualitative and descriptive-interpretative methods, to examine interpretations and experiences of the subjects, in this case the sharia institutions, including Islamic Sharia Office, the Ulama Consultative Council, Sharia Court, and Sharia police, during their effort to implement Islamic Sharia. And finally, draw conclusion that the growth and development of Jinayah law in Aceh was prolonged because of weak coordination function among the sharia institutions. Therefore, it required a systematic approach based on structural-functionalism theory to encourage coordination between the sharia institutions in supporting the kaffah implementation of Islamic law in Aceh, including its Jinayah law.