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Gender Justice in Inheritance Distribution Practices in South Aceh, Indonesia Harnides, Harnides; Abbas, Syahrizal; Hasballah, Khairuddin
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 2 (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.v7i2.16688

This paper explores the practices of inheritance distribution among the people of South Aceh who commonly divide inheritance property based on customary inheritance law. Heirs receive their shares of inheritance not according to Islamic law (furudh al-muqaddarah), as both male and female heirs earn equal portions. The study of this paper aims to examine the concept of Islamic inheritance law from the perspective of gender equity, the pattern of interaction and formation of customary inheritance law in social institutions, and the basis for the community beliefs in dividing inheritance according to the custom and culture of South Aceh. The study obtained data by observing the practices of inheritance distribution in South Aceh and conducting in-depth interviews with the community figures, the representatives of Ulema Consultative Assembly (Majelis Permusyawaratan Ulama/MPU), and the judges at the Tapaktuan Sharia Court using an empirical juridical approach. The results of the study revealed that the concept of Islamic inheritance law has been an alternative and in line with the principle of gender justice for women in South Aceh as a manifestation of the principle of balanced justice. This principle has been reflected in the patterns of inheritance distribution through the respective customary law mechanisms in accordance with the agreement of all heirs. The people in South Aceh have preferred to divide inheritance through the customary law as it has been more flexible and taken into account the socio-economic conditions and values developed in their community.

REVITALIZING MURABAHAH FINANCING AGREEMENT IN INDONESIA: A RETURN TO ISLAMIC PRINCIPLES FOR SOCIETAL WELFARE Dayyan, Muhammad; Abbas, Syahrizal; Furqani, Hafas
Kanun Jurnal Ilmu Hukum Vol 26, No 3: December 2024: Law and Justice in Digital Age
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v26i3.38078

The transformation of Murabahah trade agreements into Murabahah financing agreements in banking institutions since the 1970s signifies a significant shift in the Islamic financial landscape. Intended to promote an economy that is just and blessed by Allah SWT, the murabahah financing agreement is a crucial instrument in realizing this goal. However, the evolution of this agreement from a straightforward trading pattern to a credit-based model in Islamic banking has deviated from the original Islamic financing characteristics, rendering it similar to conventional banking practices. This study argues that murabahah financing in Indonesian Islamic banking necessitates three key improvements. Firstly, a unified concept of the murabahah financing agreement should be formulated, consolidating the perspectives of the National Sharia Council of the Indonesian Ulama Council, the Financial Services Authority, Bank Indonesia, and the Indonesian Islamic banking sector. Secondly, the seven Islamic economic principles (tawhid, khalifah, 'adalah, amanah, shura', ta'awun, and ta'aruf) should be actualized in the terms and conditions of murabahah financing agreements between banks and customers. Lastly, the implementation of murabahah financing agreements should be centered on enhancing and developing customers' assets, aligning with the fundamental principles of Islamic finance

Regulation and Supervision of Halal Prodcuts in Aceh Qanun No. 8/2016 Friatna, Ida; Abbas, Syahrizal; Wahid, Nazaruddin Abdul
Media Syari'ah : Wahana Kajian Hukum Islam dan Pranata Sosial Vol 26, No 2 (2024)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v26i2.19155

Eating and drinking are routine human activities, thus requiring various regulations related to these problems. Allah commands us to eat halal (halalan) and good (thayyiban) food so as not to harm our bodies. Aceh has issued a special regulation to provide protection to the public regarding the products consumed, namely Qanun Number 8 of 2016 concerning the Halal Product Guarantee System, known as Qanun SJPH. This paper wants to find a clear picture of the arrangement and supervision of halal products in Aceh from the Perspective of Qanun Number 8 of 2016 concerning the Halal Product Guarantee System. This research is a qualitative research with a normative juridical approach. All data that has been collected was analyzed using the content analysis method. The result of the research is that the SJPH Qanun has provided a clear description of the guarantee of halal products in Aceh. This regulation of SJPH is a form of responsibility of the Government of Aceh in providing legal protection for Muslims in particular and all Acehnese people in general, regardless of religious origin and certain groups. The main regulatory object is related to halal products, besides that it is also important related to products that meet hygienic standards. Halal product guarantees are regulated in qanuns with a very systematic system of arrangement, supervision and implementation of arrangement and supervision of product distribution in Aceh. The substance of the qanun is very comprehensive regarding guarantees for halal products in the aspects of production, distribution and consumption. Qanun regulates from arrangement, supervision to the provisions of 'uqubat for perpetrators of violations. Arrangement of halal products is carried out starting from raw materials to marketing of halal products, namely products that are labeled halal and/or have received halal certificates from authorized institutions. Furthermore, supervision is carried out from the origin of raw materials, production processes and production facilities on processed animal and/or vegetable products, medicines and cosmetics. The implementation of arrangement and supervision of halal products is the responsibility of LPPOM MPU Aceh and LPPOM can involve an integrated team from cross-agency related to SJPH.

Customary Sanctions in the Perspective of Fiqh: Local Wisdom and Social Harmony in North Aceh Muslem Muslem; Syahrizal Abbas; Mursyid Djawas; Zahrul Mubarrak; Supriadi Supriadi
Fikri : Jurnal Kajian Agama, Sosial dan Budaya Vol. 8 No. 2 (2023): Fikri : Jurnal Kajian Agama, Sosial dan Budaya
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jf.v8i2.5677

The customary law practiced within a community reflects a system of values and norms passed down through generations. One such regulation is the prohibition of activities such as farming, gardening, and fishing on certain days particularly on Fridays as a form of respect for the obligation of performing Friday prayers. This study aims to examine the philosophical foundations, alignment with Islamic jurisprudence (fiqh), and the effectiveness of the implementation of customary sanctions in North Aceh Regency. The study reveals the complex interaction between traditional customs and the principles of Islamic law in the formulation of these sanctions. The research employs an empirical juridical method, with a normative approach focusing on the analysis of customary legal norms prevailing in the local community. The subjects were selected through purposive sampling, involving interviews with religious leaders (ulema), traditional leaders, mukim, customary institutions, and the local community of North Aceh. The findings indicate that the philosophical rationale behind the formulation of customary sanctions in North Aceh aligns with fiqh principles, aiming to preserve traditional values and local culture as integral components of community life. These sanctions are based on principles of justice, solidarity, social responsibility, and social order, with the goal of restoring communal harmony disrupted by violations of local norms. The formulation process involves collaboration between Islamic scholars and traditional leaders through the study of Islamic texts, the Qur’an, and Hadith, alongside discussions about local customary practices. The implementation of customary sanctions is considered effective, as it continues to be respected and upheld by the community. However, challenges persist in the form of declining knowledge and concern among younger generations regarding customary law. This study recommends the preservation of customary values rooted in Islamic principles through educational and participatory approaches across generations.

Regulation and Supervision of Halal Prodcuts in Aceh Qanun No. 8/2016 Friatna, Ida; Abbas, Syahrizal; Wahid, Nazaruddin Abdul
Media Syari'ah Vol 26 No 2 (2024)
Publisher : Fakultas Syariah dan Hukum Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v26i2.19155

Eating and drinking are routine human activities, thus requiring various regulations related to these problems. Allah commands us to eat halal (halalan) and good (thayyiban) food so as not to harm our bodies. Aceh has issued a special regulation to provide protection to the public regarding the products consumed, namely Qanun Number 8 of 2016 concerning the Halal Product Guarantee System, known as Qanun SJPH. This paper wants to find a clear picture of the arrangement and supervision of halal products in Aceh from the Perspective of Qanun Number 8 of 2016 concerning the Halal Product Guarantee System. This research is a qualitative research with a normative juridical approach. All data that has been collected was analyzed using the content analysis method. The result of the research is that the SJPH Qanun has provided a clear description of the guarantee of halal products in Aceh. This regulation of SJPH is a form of responsibility of the Government of Aceh in providing legal protection for Muslims in particular and all Acehnese people in general, regardless of religious origin and certain groups. The main regulatory object is related to halal products, besides that it is also important related to products that meet hygienic standards. Halal product guarantees are regulated in qanuns with a very systematic system of arrangement, supervision and implementation of arrangement and supervision of product distribution in Aceh. The substance of the qanun is very comprehensive regarding guarantees for halal products in the aspects of production, distribution and consumption. Qanun regulates from arrangement, supervision to the provisions of 'uqubat for perpetrators of violations. Arrangement of halal products is carried out starting from raw materials to marketing of halal products, namely products that are labeled halal and/or have received halal certificates from authorized institutions. Furthermore, supervision is carried out from the origin of raw materials, production processes and production facilities on processed animal and/or vegetable products, medicines and cosmetics. The implementation of arrangement and supervision of halal products is the responsibility of LPPOM MPU Aceh and LPPOM can involve an integrated team from cross-agency related to SJPH.

The Ijtihad of Female Judges in Aceh’s Sharia Courts: Disparity in Sentencing for Child Sexual Abuse Fauziati, Fauziati; Abbas, Syahrizal; Devy, Soraya; Husnul, Muhammad; Suarni, Suarni
El-Usrah: Jurnal Hukum Keluarga Vol. 8 No. 1 (2025): EL-Usrah: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/zr002d09

This study examines the ijtihad (independent reasoning) undertaken by female judges in the Sharia Court when imposing sentences on perpetrators of child sexual abuse. It highlights the variations in the judges’ verdicts, which include punishments such as caning and imprisonment, as well as sentences that differ—either higher or lower—from the demands of the Public Prosecutor. This study utilized an empirical juridical method, combining statutory analysis with the maqashid al-sharia (objectives of Islamic law) approach. Data were gathered through interviews with female judges and a review of judicial decisions, journal articles, books, research reports, and legal regulations. The findings reveal that female judges’ ijtihad in sentencing child sexual abusers has been driven by trial evidence and the best interests of the child. The judges typically approve of imprisonment as a means of limiting contact between the perpetrator and the victim, in order to safeguard the child from further trauma. Within the framework of maqashid al-sharia, the verdicts of these female judges have been in line with the principles of protecting the interests and security of the child, as the main objective of Islamic law. This study suggests that courts review the caning rules in the Qanun Jinayat and consistently prioritize the child’s best interests while imposing penalties.

Sharia-Based Regional Regulations in the Indonesian National Law System Abbas, Syahrizal; Murziqin, Ramzi
Jurnal Ilmiah Peuradeun Vol. 9 No. 3 (2021): Jurnal Ilmiah Peuradeun
Publisher : SCAD Independent

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26811/peuradeun.v9i3.673

This study aimed to explain the existence of sharia-based regional regulations and discuss the form of legal system regulation of sharia-based regional regulations in Indonesia. After the reformation, changes in the legal system in Indonesia began, especially the change from a centralized pattern to a decentralized one and the granting of regional autonomy authority, this was marked by the issuance of regional regulations based on the needs of each region. The next problem is the emergence of the desire to establish sharia-based regional regulations such as in Aceh, South Sulawesi, and West Java which invites legal discourse on the legal system in Indonesia. This study used a qualitative method with a normative legal approach. The subjects of this study were the namely elements of the Central and Regional Government, and Members of the DPRD. In addition, information was also collected from scholars, academics, and legal practitioners. The research procedure was carried out in four steps: observation, in-depth interviews, and documentation. The data were analyzed using an inductive model. The research findings showed that; first, the implementation of post-reform Islamic Shari'a cannot be separated from the increase in democratic life in Indonesia. Second, the application of Islamic Shari'a is the desire of the community as the foundation and order of social, national, and religious life. Third, the application of sharia-based regional regulations in addition to being elite political capital is also part of increasing identity and cultural revival and social life of the community.

LEGAL INTERPRETATION AND JUSTICE: ANALYZING COURT DECISIONS IN DRUG-RELATED DIVORCE CASES IN BANDA ACEH Iqbal, Muhammad; Abbas, Syahrizal; Hanapi, Agustin
Kanun Jurnal Ilmu Hukum Vol 27, No 2: August 2025: Islam and Justice development in Indonesia
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v27i2.44968

This article analyses the decision-making processes of Banda Aceh Syariah Court judges in divorce cases related to drug abuse. By examining the elements of judicial deliberation and the types of legal interpretation employed, the study highlights how different interpretative approaches influence court rulings. The normative research methodology, utilizing statutory, conceptual, and case approaches, ensures a thorough understanding of legal principles and their application in specific cases. Data collection through documentation and interviews with judges, clerks, and legal experts provides valuable insights into judicial reasoning and practical considerations. The findings indicate that discrepancies in court decisions primarily stem from varying interpretations of key evidentiary elements, such as witness testimony, the petition (petitum), pragmatic considerations, and laboratory evidence of narcotics. The use of authentic interpretation, especially grammatical interpretation, demonstrates the judges effort to adhere to the original text and intent of Islamic law. The employment of analogical interpretation reflects an adaptive approach to address complex issues like drug abuse, ensuring that decisions are both legally sound and contextually relevant.The study affirms that these interpretative methods align with Islamic legal principles, particularly the concepts of maslahat (public interest) and mafsadat (harm), which serve as guiding criteria in legal reasoning. By integrating juridical, philosophical, and sociological perspectives, the judges decisions exemplify a holistic approach to justice that balances legal consistency with societal needs. This nuanced understanding underscores the importance of interpretative flexibility within Islamic jurisprudence to effectively address contemporary issues.

A Juridical Analysis of the Caning Implementation in Aceh Prisons and its Relations to Islamic Laws Syarif, Muhammad; Abbas, Syahrizal; Rahmadon, Rahmadon; Musfira, Musfira
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 6, No 1 (2022): Vol. 6, No. 1, October 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v6i1.35697

The Aceh government has implemented Islamic Sharia regulations by enacting Qanun Aceh Number 7 of 2013 concerning Jinayat Procedural Law, and Article 262 contains provisions regarding the implementation of flogging in public places. However, according to Article 30 Paragraph (3) of the Aceh Governor Regulation Number 5 of 2018 concerning the Implementation of Jinayah Procedural Law, the execution of flogging is restricted to prisons and detention centers. This study aims to outline the legal arguments for shifting the implementation of flogging in Aceh and the Islamic legal provisions related to carrying out flogging in public places. This research uses a normative legal method with a statute approach that refers to the concept of law as a rule and also uses Islamic legal doctrine, which is then analyzed qualitatively and described descriptively to find the alignment between the core issues and the normative provisions. The results of the research show that the main reason for issuing the Governor's Regulation regarding the implementation of flogging in prisons is to increase investment, as the implementation of flogging in Aceh has faced opposition from external parties. However, the issuance of the Governor's Regulation contradicts the system of forming legislation in Indonesia and legally lacks legal force. According to Islamic law provisions, the execution of flogging must be witnessed by a group of believers, as explained in the Quran, Surah An-Nur, verse 2. The implementation of flogging in prisons cannot be witnessed, whereas this is an integral part of the agreed implementation of flogging. There needs to be a specific and easily accessible location for the public as a place to carry out flogging penalties.

Reinterpreting Islamic Inheritance: Supreme Court Jurisprudence and Gender Justice in Indonesia Roslina, Roslina; Abbas, Syahrizal; Ismail, Ilyas; Jauhari, Iman
Jurnal Ilmiah Peuradeun Vol. 13 No. 3 (2025): Jurnal Ilmiah Peuradeun
Publisher : SCAD Independent

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26811/peuradeun.v13i3.1593

The implementation of Islamic inheritance law in Indonesia continues to face interpretive challenges in balancing classical jurisprudence with contemporary demands for gender justice. This study examines how the Indonesian Supreme Court, through landmark decisions—Decision No. 86 K/AG/1994 and Decision No. 184 K/AG/1995—has redefined inheritance principles by granting daughters the legal authority to block the inheritance rights of the testator’s siblings. Employing a normative–juridical approach that integrates statutory, conceptual, and case-based analyses, this research explores the Court’s interpretive reliance on Ibn ʿAbbās’s minority opinion concerning Qur’an 4:176, which equates the inheritance positions of sons and daughters. The findings reveal that the Court’s jurisprudence prioritizes genealogical proximity (qarābah al-dam) over gender preference, thereby reconfiguring inheritance distribution and affirming daughters as residuary heirs (ʿaṣabah). This reinterpretation represents a progressive form of ijtihād qaḍāʾī that harmonizes Islamic law with constitutional principles of equality and justice. Academically, the study contributes a contextual model for integrating maqāṣid al-sharīʿah and civic reason within Indonesia’s plural legal framework; practically, it offers a reference for reforming the Compilation of Islamic Law and advancing gender-equitable inheritance jurisprudence across Muslim-majority societies.

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