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All Journal SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Legislasi Indonesia
Abubakar, Al Yasa'
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Factors Changing the Gayo Ethnic’s Traditional Marriage Procession in Lut Tawar Sub-District of Takengon, Central Aceh, Indonesia Auni, Luthfi; Manan, Abdul; Abubakar, Al Yasa'
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 6, No 2 (2022): 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.v6i2.14888

Abstract

The Gayo ethnic has diverse and unique customs compared to their family ethics in Aceh, one of which is its indigenous marriage pattern, procession, stage, and philosophy in that tradition. This study is qualitative research using an anthropological approach. Data collection techniques used are interviews and documentation and observation studies. The results of the study show that there have been changes in Gayo society which have resulted in different traditions and rituals and have adapted very much to the present. The community now tends to adapt the series of processions and phases of marriage traditions as to fit their socio-cultural atmosphere today which is now part of Gayo ethnic life atmosphere. This has brought value shift and change when explored from all aspects of its implementation. As a result, the philosophies of the indigenous marriage pattern and its series of sacred and ritual processions in every phase which was full of valuable messages and meanings including some traditional authoritative actors that are involved within become faded, forgotten, and even eliminated. The poor knowledge of the young Gayo people about their traditional values as their ancestor's cultural heritage shifted their attitudes and mindsets.  The findings show that the direction of various changes within a series of Gayo marriage processions and phases pivots and leads to the concept of modern and global culture as the results of the changing of attitude, mindset and willingness to change within the community, cultural acculturation, the crisis of tradition information sources as due to the retreat of traditional leaders who played role in transmitting their culture and tradition; and the emergence of various channel and agents of changes such as the government and religious institutions, the rising level of education, people mobility, assimilation through mixed marriages, tourist destinations and mass media and new technologies as parts of agents of changes.
The Position of the Qanun Jinayat as a Forum for the Implementation of Sharia in Aceh in the Indonesian Constitution Din, Mohd; Abubakar, Al Yasa'
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.v5i2.10881

Abstract

The purpose of this paper is to describe the position of the Qanun Jinayat as a forum for the implementation of Sharia in Aceh within the framework of the Indonesian constitution. It is considered essential because the implementation of Sharia is conducted based on the UUPA (Law on Governing of Aceh). However, its implementation is often misunderstood, causing the implementation of Sharia to face many challenges from various parties, including the government's official institutions. This article is written to answer the main problem: the alignment of regulations, qanuns, with other laws and regulations. This study is normative legal research using a legal history approach. The analytical tools used are the theory of leveling norms and asymmetric decentralization. The study results show that the Sharia qanuns in Aceh, especially the Qanun Jinayat, have a different position from the regional regulations in other provinces in Indonesia. The difference lies in the special right of the Government of Aceh as a region with asymmetrical decentralization to make its regulations which at a certain level are permitted to be inconsistent with the laws on higher hierarchy. However, it must still align with the basic norms as the primary reference. The existence of special rights for Aceh is considered natural because of its long history, mainly when it is associated with the development of criminal law in Indonesia, which until now still uses the KUHP inherited from the Dutch East Indies. This specificity is a legal order regarding autonomous or special regions.
QANUN SEBAGAI PERATURAN PELAKSANAAN OTONOMI KHUSUS DI PROVINSI NANGGROE ACEH DARUSSALAM Abubakar, Al Yasa'; Yoesoef, M. Daud
Jurnal Legislasi Indonesia Vol 1, No 3 (2004): Jurnal Legislasi Indonesia - September 2004
Publisher : Direktorat Jenderal Peraturan Perundang-undang, Kementerian Hukum dan Hak Asasi Manusia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54629/jli.v1i3.277

Abstract

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The Essence of Muallaf as a Zakat Recipient According to the Interpretation of Surah At-Tawbah Verse 60 Nainunis, Nainunis; Abubakar, Al Yasa'; Sabil, Jabbar; Iqbal, Muhammad; Saputra, Dian
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6631

Abstract

Muallaf (new converts to Islam) are one of the eight categories (asnaf) entitled to receive zakat, as mentioned in Surah At-Tawbah verse 60. However, the essence and criteria of muallaf are not clearly defined, raising questions about who truly qualifies under this category. This study aims to examine the concept of muallaf from the perspective of maqāṣid al-sharī‘ah by analyzing relevant textual evidence, including hadiths and Qur’anic exegesis. The research employs a library research method to explore and examine data from literary sources in depth. The process includes collecting, reviewing, recording, and processing relevant references. More than mere reading and documentation, library research demands analytical skills to produce systematic and meaningful findings. This study adopts a qualitative normative approach. Specifically, it falls under the category of normative Islamic legal research with a philosophical orientation, as it seeks to uncover and understand the core values and fundamental principles within Islamic legal norms that guide legal reasoning. The findings of this study, based on the interpretation of Surah At-Tawbah verse 60, categorize muallaf into two groups: Muslim muallaf and non-Muslim muallaf. The former includes: individuals newly converted to Islam whose faith is still fragile; respected Muslims who lead their communities; Muslims willing to strive and engage in jihad against non-believers; and Muslims needed to collect zakat from those unwilling to give. The latter group consists of: individuals expected to convert to Islam, and individuals whose harm is feared
Co-Authors Abdul Manan Auni, Luthfi Dian Saputra Jabbar Sabil M. Daud Yoesoef Mohd Din, Mohd Muhammad Iqbal Nainunis, Nainunis