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All Journal SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam
Daud, Mahmuddin
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Law, Crime, Criminology & Criminal Justice Social Sciences

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The Implementation of Meunasah-based Sharia in Aceh: A Social Capital and Islamic Law Perspective Nurdin, Abidin; Kasim, Fajri M.; Rizwan, Muhammad; Daud, Mahmuddin
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 5, No 2 (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.v5i2.10710

Abstract

This research examined meunasah as the social capital in implementing Islamic law in Aceh. It aimed to explain the social capital of meunasah concerning its role and functions in supporting the Islamic law implementation in Aceh. This research has its root in studying the sociology of law, emphasizing the empirical legal analysis within the society. The researchers used social capital, which consisted of cognitive and structural aspects as a theoretical framework, and interviews, literature study, and observation, as the data collection methods. This study found that meunasah had a central position in Acehnese society as a center for religious activities, a place to learn the Qur’an, social activities, and as a customary institution. Since time immemorial, meunasah has played a central role as a center for community activities at the gampong level. Even though meunasah had transformed itself into a mosque in urban areas, its function and role remained as a place for internalizing the Islamic law principles, as a medium for socializing Islamic law, and as a center for religious, social activities. This study argues that meunasah can still be the ‘glue’ of social networks with its religious, social, and customary values as a cognitive, social capital. On another side, imuem meunasah can be considered a structural social capital. Meunasah, as part of social institutions, can support social order and order, which is a social function of law. Without the support of meunasah as a cognitive social capital, the researchers argue that Islamic law will be difficult to be internalized in society.
Religious Moderation, Pela Gandong and Jihad Reconstruction: Conflict Prevention in Maluku from the Perspective of Maqāṣid Al-Sharī'ah Arsyad, Azman; Daud, Mahmuddin; Idris, Aisyah
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 9, No 1 (2025): 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.v9i1.26416

Abstract

This article analyzes religious moderation, pela gandong, and the reconfiguration of jihad to prevent war in Maluku. Conflict avoidance has been viable through a sophisticated understanding of religion, utilizing cultural mechanisms like pela gandong. The research utilized an empirical methodology analyzed via the framework of maqāṣid al-sharī'ah theory. Data were obtained through extensive interviews and literature reviews to guarantee accuracy. The interviewed participants were individuals impacted by the war, community leaders, religious figures, scholars, and female leaders. The study concluded that the violence in Maluku was initially triggered by economic imbalances impacting social, political, and religious aspects. Moreover, the Maluku community throughout the conflict was regarded as a battleground, influenced by external group dynamics. Conflict prevention in Ambon can be accomplished by constructively reinterpreting jihad, fostering religious moderation, and revitalizing culture through pela gandong. Pela gandong is a tradition that strengthens social ties, highlighting a commitment to mutual respect, collaboration, and the maintenance of harmonious relations between two community groups, so promoting reconciliation and peace-building efforts. In the context of maqāṣid al-sharī'ah, which asserts that the aim of the Islamic law is to provide substantial advantages to humanity, the integration of culture and the precise interpretation of jihad is essential. Consequently, within the realm of Islamic jurisprudence, a contextual interpretation of jihad will provide a more beneficial comprehension than a textual examination. The basic purpose of Islamic law is to establish peace and harmony while preventing conflict within society.
Co-Authors Abidin Nurdin Aisyah Idris arsyad, azman Fajri M. Kasim, Fajri M. Rizwan, Muhammad