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All Journal LEGITIMASI: Jurnal Hukum Pidana dan Politik Hukum Dusturiah : Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial El-Usrah: Jurnal Hukum Keluarga Takammul : Jurnal Studi Gender dan Islam Serta Perlindungan Anak MAQASIDI El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law Al-Iqtishadiah: Jurnal Hukum Ekonomi Syariah As-Siyadah: Jurnal Politik dan Hukum Tata Negara
Rispalman Rispalman
Universitas Islam Negeri Ar-Raniry Banda Aceh
Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Polygamy in the Perspective of Tafsīr Al-Aḥkām and Islamic Law: An Examination of the Gayo Luwes Community in Aceh, Indonesia Aziz, Nasaiy; Rispalman, Rispalman; Anggraini, Tika
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 3 (2023): 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.v7i3.20021

Abstract

The law on marriage, adheres to the principle of monogamy, but in other parts, it is stated that under certain circumstances polygamy is justified. The main problem studied was the practice of polygamy without the permission of wives in Gayo Lues Regency, Aceh. This study employs empirical legal methodologies and applies theoretical frameworks grounded on Islamic law, specifically utilizing the approach of tafsīr al-aḥkām. The collection of data was conducted through the utilization of in-depth interviews and a comprehensive review of relevant literature. The findings of the study revealed significant variations in the occurrence of non-consensual polygamy in Pantan Weather subdistrict, Gayo Regency. Polygamy entails both bad and positive consequences, with the former outweighing the latter in terms of quantity. The adverse consequences encompass spousal inequity, the disregard for the rights of women and children, the proliferation of animosity among spouses, and the erosion of familial bonds. In contrast, the potential benefits of engaging in polygamy primarily revolve around the avoidance of immoral behavior, specifically adultery, and the facilitation of subsequent marriages. By entering into multiple marriages without the explicit consent of one's spouse, an individual may perceive certain advantages, such as the acquisition of desirable outcomes. Conversely, the fear of experiencing negative consequences, such as infidelity, may serve as a motivating factor for individuals to pursue polygamous relationships. Moreover, as posited by scholars of interpretation, both ancient and contemporary, the fundamental principle of marriage in Islamic jurisprudence is monogamy. However, if an individual engages in polygamy, it is imperative to uphold principles of justice, responsibility, and the preservation of familial harmony and tranquility. This study contributes to the understanding that polygamy may be considered as a viable option in exceptional circumstances, but only under the condition that it is practiced with fairness and equity by specific individuals.
FIQH OF TRAFFIC IN ACEH: AN OVERVIEW OF HUMAN SECURITY Mumtazinur, Mumtazinur; Rispalman, Rispalman
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 14, No 1 (2024): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v14i1.23421

Abstract

There are 3 things that want to be explained further in this research, namely: how are traffic practices regulated in traffic fiqh in Aceh, and how are ideas and implementation of human security values through traffic fiqh in Aceh? Apart from that, this research also reviews the background to the birth of traffic fiqh for the Acehnese public. This research is qualitative with a descriptive analysis approach. The results found that driving practices regulated in traffic fiqh also strengthen what is regulated in Law Number 22 of 2009 concerning Road Traffic and Transportation, but by using a religious approach to touch the public's awareness of the importance of protecting a sense of security for themselves and others.
Factors Causing Wives Not Fulfilling Obligations Towards Husbands in the Household (An Analysis of the Impact of Domestic Disharmony in the KUA of Syiah Kuala District): Faktor Penyebab Isteri Tidak Memenuhi Kewajiban Terhadap Suami Dalam Rumah Tangga (Analisis Terhadap Dampak Ketidakharmonisan Dalam Rumah Tangga di KUA Kecamatan Syiah Kuala) Alidar, EMK; Rispalman, Rispalman; Maisarah, Riska
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 2 No. 2 (2022): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v2i2.1697

Abstract

All couples expect a harmonious family or sakinah mawadah warahmah. Ideally to create a household that is sakinah mawadah and warohmah needed a uniform understanding of the rights and obligations between husband and wife. Husband and wife must always carry out their respective obligations in the household. But differently what happened in Syiah Kuala Subdistrict is that the wife did not fulfill her obligations to her husband in the household. In Islamic law, wives should carry out their obligations to serve their husbands, but what happens in Syiah Kuala Subdistrict is that many wives neglect their obligations. This kind of wife is called nusyuz. The problem that wants to be examined in this study is the first, whether the factors that cause the wife not to fulfill the obligation to the husband in the household in Syiah Kuala Subdistrict, the second, how is the impact and legal consequences for wives who do not fulfill their obligations to husbands in the household in Syiah Kuala Subdistrict. This research uses a case approach (Case Approach) which is to examine cases related to issues in the field. The results in this study do not meanthat the factors that cause the wife not to fulfill her obligations to the husband in Syiah Kuala subdistrict are economic pressure factors, career factors, harmony factors of spousal relationships, and domestic violence factors. As for the impact that occurs in the field for wives who nusyuz ini is, there is commotion or domestic violence (Domestic Violence), Infidelity, Hated and not dipeayaihusband, and divorce. Then in Islam the legal consequences for the wife who does not fulfill the obligations to her husband ialah become a wife who disobeys or nusyuz towards the husband. In addition, wives like this also do not deserve aliving from the husband.
Upaya Pemerintah Kota Banda Aceh dalam Melindungi Anak Penyandang Disabilitas (Banda Aceh City Government's Efforts to Protect Children with Disabilities) Rispalman, Rispalman; Islami, Iman
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 3, No 2 (2019): 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 | Full PDF (312.473 KB) | DOI: 10.22373/sjhk.v3i2.4940

Abstract

Children with disabilities are vulnerable to poor treatment and the growth will be very difficult in a community environment. Therefore, it must be a child with a disability given the attention of the local government to provide protection for the child's disability. This research is categorized as field research Research) and Library Research, is a type of qualitative research. The results of this research show, based on data obtained from the social service city of Banda Aceh, currently the city of Banda Aceh there are 467 children with disabilities with the category of 7 types of disabilities, of the 7 types of disability that most of the levels are Tuna Runggu and Tuna. In the management of children with disabilities, the Government of Banda Aceh carried out several activities in terms of social assistance fund Rp. 4 million (four million rupiahs) per year, the establishment of a disabled child Family Communication Forum (FKKADK) and the provision of disability aids for children with disabilities according to their degree of disability. The efforts of the activities undertaken by the Government of Banda Aceh are in accordance with the provisions of article 8 of the Candy PPPA number 4 year 2017 about special protection for children with disabilities who said that the implementation of special protection for children with disabilities in the form of activities to be a reference for the area in drafting the action plan is adjusted to the condition, the situation, needs, and capabilities of the area and with the appropriate implementation on the article with article 90 of law number 8 year 2016 social rehabilitation, social protection, social empowerment, and social security. In the implementation of child protection with disabilities in Banda Aceh in accordance with the provisions of Islamic law relating to maqasid sharia.
The Extension of the Village Head’s Term of Office in Law Number 3 of 2024: A Review from the Perspective of Siyāsah Dustūriyyah Sakrina, Cut Putri; Rispalman, Rispalman; Umur, Azmil
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.v5i1.4626

Abstract

The passage of Law Number 3 of 2024 concerning Villages extends the term of office of the Village Head to eight years, with a maximum of two terms. This is similar to the term limits during the New Order era. However, in practice, elections are often delayed, resulting in the regulations regarding the term of office not always being implemented on schedule. This research aims to analyze the changes in the Village Head’s term of office in Law Number 3 of 2024 from the perspective of siyāsah dustūriyyah. Using a normative-juridical approach, the study finds that the extension of the term to eight years reflects efforts to ensure the stability of village governance and promote public welfare. However, it also necessitates the establishment of effective oversight mechanisms to prevent abuse of power. The extended term is expected to provide sufficient time for Village Heads to optimize development and improve the quality of public services. Nevertheless, this change must be accompanied by strict supervision and evaluation mechanisms to safeguard against authoritarian tendencies. Philosophically, this amendment reflects the values of justice and popular sovereignty; sociologically, it promotes village empowerment; and juridically, it ensures legal certainty. In the framework of siyāsah dustūriyyah, the leadership of the Village Head is not merely administrative but also a moral and spiritual trust that must be exercised with justice and responsibility in accordance with Islamic principles. Leadership remains valid only as long as it is exercised fairly and rightly, and must be replaced if it deviates from these values. Ultimately, the change in the Village Head’s term of office aligns with the principles of democracy, Islamic values, and the need to establish effective and just village governance.
Co-Authors Ade Nidya Fernanda Ali Abubakar Anggraini, Tika Arifin Abdullah Armidi Armidi Armidi, Armidi Aulia Rahma Ayu Darisah Azmil Umur, Azmil Desi Ariani Edi Darmawijaya EMK Alidar, EMK Erni Yusfa Iklima Rita Islami, Iman Jamhuri Khairani Mukdin Leny Oktaviyanti Maisarah, Riska Muhadir Saidi Muhammad Siddiq Armia Mukhlizar Mukhlizar Mumtazinur Mumtazinur Nahara Eriayanti Nasaiy Aziz Nurbaiti Baiti Oktaviyanti, Leny Riska Maisarah Safira Maulina Saiful Aris Munandar Sakrina, Cut Putri Sitti Mawar Solly Aryza Syahrizal Abbas Syamsul Arifin Yasir Arafat Yun Yusfa, Erni